1113-1 (Adopted Sept. 2, 1977)(Amended Dec. 2, 1977)(Amend ed Feb. 3, 1978) (Amended Sept. 5, 1980)(Amended Apr. 3, 1981)(Amend ed July 3, 1981)

(Amended by California Air Resources Board Oct. 21, 1981) (Amended Aug. 5, 1983)(Amended Mar. 16, 1984)(Amend ed Aug. 2, 1985) (Amended Nov. 1, 1985)(Amended Feb. 6, 1987)(Amende d Jan. 5, 1990) (Amended Feb. 2, 1990)(Amended Nov. 2, 1990)(Amende d Dec. 7, 1990) (Amended Sept. 6, 1991)(Amended March 8, 1996)(Amen ded August 9, 1996)

(Amended November 8, 1996)(Amended May 14, 1999; Va cated) (Amended July 20, 2001)(Amended December 6, 2002)(A mended December 5, 2003)

(Amended July 9, 2004)(Amended June 9, 2006) (PAR July 13, 2007)

PROPOSED AMENDED RULE 1113. ARCHITECTURAL COATINGS
(a) Applicability This rule is applicable to any person who supplies, sells, offers for sale, or manufactures any architectural coating for use in the District t hat is intended to be field applied to stationary structures or their appurtenances, and t o mobile homes, pavements or curbs; as well as any person who applies or solicits the appl ication of any architectural coating within the District. The purpose of this rule is t o limit the VOC content of architectural coatings used in the District or to allow the avera ging of such coatings, as specified, so
their actual emissions do not exceed the allowable emissions if all the averaged coatings had complied with the specified limits.

(b) Definitions For the purpose of this rule, the following definit ions shall apply: (1) AEROSOL COATING PRODUCT means a pressurized coa ting product containing pigments or resins that dispenses produc t ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground marking and traffic marking applications. (2) ALUMINUM ROOF COATINGS are roof coatings contai ning at least 0.7 pounds per gallon (84 grams per liter) of coating as appli ed, of elemental aluminum pigment. (3) APPURTENANCES are accessories to a stationary s tructure, including, but not limited to: hand railings, cabinets, bathroom and k itchen fixtures, fences, raingutters and down-spouts, window screens, lamp-posts , heating and air conditioning equipment, other mechanical equipment, large fixed stationary tools, signs, motion picture and television production set s, and concrete forms. (4) ARCHITECTURAL COATINGS are any coatings applied to stationary structures and their appurtenances, to mobile homes, to paveme nts, or to curbs.Rule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-2 (5) BELOW-GROUND WOOD PRESERVATIVES are wood preser vatives formulated to protect below-ground wood. (6) BITUMINOUS COATING MATERIALS are black or brown ish coating materials, soluble in carbon disulfide, consisting mainly of hydrocarbons and which are obtained from natural deposits, or as res idues from the distillation of crude petroleum oils, or of low grades of coal. (7) BITUMINOUS ROOF PRIMERS are primers formulated for or applied to roofing that incorporate bituminous coating materials. (8) BOND BREAKERS are coatings formulated for or ap plied between layers of concrete to prevent the freshly poured top layer of concrete from bonding to the substrate over which it is poured. (9) CLEAR BRUSHING LACQUERS are clear wood finishes , excluding clear lacquer sanding sealers, formulated with nitrocellu lose or synthetic resins to dry by solvent evaporation without chemical reaction an d to provide a solid, protective film, which are intended exclusively for application by brush, and which are labeled as specified in paragraph (d)(7). (10) CLEAR WOOD FINISHES are clear and semi-transpa rent coatings, including lacquers and varnishes, applied to wood substrates, including floors, decks and porches, to provide a transparent or translucent so lid film. (11) COATING is a material which is applied to a su rface in order to beautify, protect, or provide a barrier to such surface. (12) COLORANTS are solutions of dyes or suspensions of pigments. (13) CONCRETE-CURING COMPOUNDS are coatings formula ted for or applied to freshly poured concrete to retard the evaporation o f water. Concrete-curing compounds manufactured and used for roadways and br idges (does not include curbs and gutters, sidewalks, islands, driveways an d other miscellaneous concrete areas) are those concrete-curing compounds that mee t ASTM Designation C309, Class B, and meet a loss of water standard of less than 0.15-kg/m 2 in 24 hours as determined by the California Transportation Departm ent, California Test 534. (14) DRY-FOG COATINGS are coatings which are formul ated only for spray application so that when sprayed, overspray droplet s dry before falling on floors
and other surfaces. (15) EXEMPT COMPOUNDS (See Rule 102-Definition of T erms.) (16) FIRE-PROOFING EXTERIOR COATINGS are opaque coa tings formulated to protect the structural integrity of outdoor steel a nd other outdoor constructionRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-3 materials and listed by Underwriter's Laboratories, Inc. for the fire protection of
steel. (17) FIRE-RETARDANT COATINGS are coatings labeled a nd formulated to retard ignition and flame spread, that has been fire teste d and rated by a testing agency approved by building code officials for use in brin ging building and construction materials into compliance with federal, state and l ocal building code requirements. The fire-retardant coating and the testing agency m ust be approved by building code officials. The fire-retardant coating shall b e tested in accordance with ASTM Test Method E 84, incorporated by reference in paragraph (e)(4) or listed by Underwriter's Laboratories, Inc. as fire-retarda nt coatings with a flame spread
index of less than 25. (18) FLAT COATINGS are coatings that register a glo ss of less than 15 on an 85- degree meter or less than 5 on a 60-degree meter. (19) FLOOR COATINGS are opaque coatings that are fo rmulated for or applied to flooring; including but not limited to decks and po rches, and clear coatings formulated for or applied to concrete flooring, but do not include Industrial Maintenance Coatings. (20) FORMULATION DATA is the actual product recipe which itemizes all the ingredients contained in a product including VOCs a nd the quantities thereof used by the manufacturer to create the product. Materia l Safety Data Sheets (MSDS)
are not considered formulation data. (21) GRAMS OF VOC PER LITER OF COATING, LESS WATER AND LESS EXEMPT COMPOUNDS, is the weight of VOC per combined volume of VOC and coating solids and can be calculated by the fol lowing equation:

Grams of VOC per Liter of Coating, Less
= W s - W w - W es Water and Less Exempt Compounds V m - V w - V es

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 material in liters
V w = volume of water in liters
V es = volume of exempt compounds in litersRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-4 For coatings that contain reactive diluents, the Gr ams of VOC per Liter of Coating, Less Water and Less Exempt Compounds, shal l be calculated by the following equation:

Grams of VOC per Liter of Coating, Less
= W s - W w - W es Water and Less Exempt Compounds V m - V w - V es

Where: W s = weight of volatile compounds emitted during curing, in grams
W w = weight of water emitted during curing, in grams
W es = weight of exempt compounds emitted during curing, in grams
V m = volume of the material prior to reaction, in lit ers V w = volume of water emitted during curing, in liters
V es = volume of exempt compounds emitted during curing, in liters

(22) GRAMS OF VOC PER LITER OF MATERIAL is the weig ht 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

(23) GRAPHIC ARTS COATINGS (Sign Paints) are coatin gs formulated for handapplication by artists using brush or roller techni ques to indoor and outdoor signs (excluding structural components) and murals, inclu ding lettering enamels, poster colors, copy blockers, and bulletin enamels. (24) HIGH-TEMPERATURE INDUSTRIAL MAINTENANCE COATIN GS are industrial maintenance coatings formulated for or a pplied to substrates exposed continuously or intermittently to temperatures abov e 400 degrees Fahrenheit. (25) INDUSTRIAL MAINTENANCE COATINGS are coatings, including primers, sealers, undercoaters, intermediate coatings and to pcoats, formulated for orRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-5 applied to substrates, including floors, that are e xposed to one or more of the following extreme environmental conditions: (A) immersion in water, wastewater, or chemical sol utions (aqueous and nonaqueous 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 mixtures, or so lutions; (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. (26) INTERIOR STAINS are stains labeled and formula ted exclusively for use on
interior surfaces. (27) JAPANS/FAUX FINISHING COATINGS are glazes desi gned for wet-in-wet techniques used as a stain or glaze to create artis tic effects, including but not limited to, dirt, old age, smoke damage, and simula ted marble and wood grain. (28) LACQUERS are clear or pigmented wood finishes, including clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by evaporation without chemical reaction. (29) LOW-SOLIDS COATINGS are coatings containing on e pound or less of solids per gallon of material. (30) MAGNESITE CEMENT COATINGS are coatings formula ted for or applied to magnesite cement decking to protect the magnesite c ement substrate from erosion by water. (31) MASTIC COATINGS are coatings formulated to cov er holes and minor cracks and to conceal surface irregularities, and applied in a thickness of at least 10 mils (dry, single coat). (32) METALLIC PIGMENTED COATINGS are coatings, excl uding roof coatings, containing at least 0.4 pounds per gallon (48 grams /liter) of coating, as applied, of elemental metallic pigment (excluding zinc) , mica particles or any combination of metallic pigments and mica particles

. (33) MULTI-COLOR COATINGS are coatings which exhibi t more than one color when applied and which are packaged in a single con tainer and applied in a single

coat. (34) NONFLAT COATINGS are coatings that are not def ined under any other definition in this rule and that register a gloss o f 5 or greater on a 60 degree meterRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-6 and a gloss of 15 or greater on an 85 degree meter according to ASTM Test Method D 523 as specified in paragraph (e)(6). (35) NONFLAT HIGH GLOSS COATINGS are coatings that register a gloss of 70 or above on a 60 degree meter according to ASTM Test M ethod D 523 as specified in paragraph (e)(6). (36) POST-CONSUMER COATINGS are finished coatings t hat would have been disposed of in a landfill, having completed their u sefulness to a consumer, and does not include manufacturing wastes. (37) PRE-TREATMENT WASH PRIMERS are coatings which contain a minimum of 1/2 percent acid, by weight, applied directly to ba re metal surfaces to provide necessary surface etching. (38) PRIMERS are coatings applied to a surface to p rovide a firm bond between the substrate and subsequent coats. (39) PRODUCT LINE is a line of coatings reported un der one product number and name and subject to one coating VOC limit as specif ied in paragraph (c)(2) Table
of Standards. (40) QUICK-DRY ENAMELS are non-flat, high gloss coa tings which comply with the following: (A) Shall be capable of being applied directly from the container by brush or roller under normal conditions, normal conditions b eing ambient temperatures between 60 ° F and 80 ° F; and (B) When tested in accordance with ASTM D 1640 they shall: set-to-touch in two hours or less, dry-hard in eight hours or less, and be tack-free in four hours or less by the mechanical test method. (41) QUICK-DRY PRIMERS, SEALERS, AND UNDERCOATERS a re primers, sealers, and undercoaters which are intended to be applied to a surface to provide a firm bond between the substrate and subsequent co ats and which are dry-totouch in one-half hour and can be recoated in two h ours (ASTM D 1640). (42) REACTIVE DILUENT is a liquid which is a VOC du ring application and one in which, through chemical and/or physical reaction, s uch as polymerization, becomes an integral part of the coating. (43) RECYCLED COATINGS are coatings formulated such that 50 percent or more of the total weight consists of secondary and post-con sumer coatings and 10 percent or more of the total weight consists of post-consum er coatings, and manufactured by a certified recycled paint manufacturer.Rule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-7 (44) ROOF COATINGS are coatings formulated for appl ication to exterior roofs for the primary purpose of preventing penetration of th e substrate by water, or reflecting heat and ultraviolet radiation. (45) RUST PREVENTATIVE COATINGS are coatings formul ated for use in preventing the corrosion of metal surfaces in resid ential and commercial
situations. (46) SANDING SEALERS are clear wood coatings formul ated for or applied to bare wood for sanding and to seal the wood for subsequen t application of coatings. To be considered a sanding sealer a coating must be cl early labeled as such. (47) SEALERS are coatings applied to either block m aterials from penetrating into or leaching out of a substrate, to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coa tings by materials in the
substrate. (48) SECONDARY (REWORK) COATINGS are fragments of f inished coatings or finished coatings from a manufacturing process that has converted resources into a commodity of real economic value, but does not incl ude excess virgin resources of the manufacturing process. (49) SHELLACS are clear or pigmented coatings formu lated solely with the resinous secretions of the lac insect (laccifer lacca). She llacs are formulated to dry by evaporation without a chemical reaction providing a quick-drying, solid, protective film for priming and sealing stains and odors; and for wood finishing excluding floors effective January 1, 2007. (50) SOLICIT is to require for use or to specify, b y written or oral contract. (51) SPECIALTY PRIMERS are coatings formulated for or applied to a substrate to seal fire, smoke or water damage; or to condition e xcessively chalky surfaces. An excessively chalky surface is one that is defined a s having chalk rating of four or less as determined by ASTM D-4214 – Photographic Re ference Standard No. 1 or the Federation of Societies for Coatings Technology “Pictorial Standards for Coatings Defects”. (52) STAINS are opaque or semi-transparent coatings which are formulated to change the color but not conceal the grain pattern or text ure. (53) SWIMMING POOL COATINGS are coatings specifical ly formulated for or applied to the interior of swimming pools and to re sist swimming pool chemicals. (54) SWIMMING POOL REPAIR COATINGS are chlorinated, rubber-based coatings used for the repair and maintenance of swimming poo ls over existing chlorinated, rubber-based coatings.Rule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-8 (55) TINT BASE is an architectural coating to which colorants are added. (56) TRAFFIC COATINGS are coatings formulated for o r applied to public streets, highways, and other surfaces including, but not lim ited to, curbs, berms, driveways, and parking lots. (57) UNDERCOATERS are coatings formulated for or ap plied to substrates to provide a smooth surface for subsequent coats. (58) VARNISHES are clear wood finishes formulated w ith various resins to dry by
chemical reaction. (59) VOLATILE ORGANIC COMPOUND (VOC) is as defined in Rule 102 – Definition of Terms. For the purpose of this rule, tertiary butyl acetate (TBAc) is
not a VOC when used in industrial maintenance coati ngs including zinc-rich industrial maintenance coatings.
(60) WATERPROOFING SEALERS are coatings which are f ormulated for the primary purpose of preventing penetration of porous substrates by water. (61) WATERPROOFING CONCRETE/MASONRY SEALERS are cle ar or pigmented sealers that are formulated for sealing c oncrete and masonry to provide resistance against water, alkalis, acids, ultraviol et light, and staining. (62) WOOD PRESERVATIVES are coatings formulated to protect wood from decay or insect attack by the addition of a wood preserva tive chemical registered by the California Environmental Protection Agency. (63) ZINC-RICH INDUSTRIAL MAINTENANCE PRIMERS are p rimers formulated to contain a minimum of 65 percent metallic zinc po wder (zinc dust) by weight of total solids for application to metal substrates.

(c) Requirements (1) Except as provided in paragraphs (c)(2), (c)(3) , (c)(4), and specified coatings averaged under (c)(6), no person shall supply, sell , offer for sale, manufacture, blend, or repackage any architectural coating for u se in the District which, at the time of sale or manufacture, contains more than 250 grams of VOC per liter of coating (2.08 pounds per gallon), less water, less exempt compounds, and less any colorant added to tint bases, and no person shall a pply or solicit the application of any architectural coating within the District that exceeds 250 grams of VOC per liter of coating as calculated in this paragraph. (2) Except as provided in paragraphs (c)(3), (c)(4) , and designated coatings averaged under (c)(6), no person shall supply, sell, offer f or sale, manufacture, blend, orRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-9 repackage, for use within the District, any archite ctural coating listed in the Table of Standards which contains VOC (excluding any colo rant added to tint bases) in excess of the corresponding VOC limit specified in the table, after the effective date specified, and no person shall apply or solici t the application of any architectural coating within the District that exce eds the VOC limit as specified in this paragraph. No person shall apply or solicit t he application within the District of any industrial maintenance coatings, except anti -graffiti coatings, for residential use or for use in areas such as office space and me eting rooms of industrial, commercial or institutional facilities not exposed to such extreme environmental
conditions described in the definition of industria l maintenance coatings; or of any rust-preventative coating for industrial use, unles s such a rust preventative coating complies with the Industrial Maintenance Coating VO C limit specified in the
Table of Standards.

TABLE OF STANDARDS VOC LIMITS Grams of VOC Per Liter of Coating, Less Water and Less Exempt Compounds

Effective Date COATING CATEGORY Ceiling Limit* Current

Limit 1/1/03 1/1/04 1/1/05 7/1/06 7/1/07 7/1/08 Bond Breakers 350 Clear Wood Finishes 350 275 Varnish 350 275 Sanding Sealers 350 275 Lacquer 680 550 275 Clear Brushing Lacquer 680 275 Concrete-Curing Compounds 350 100 Concrete-Curing Compounds For Roadways and Bridges** 350 Dry-Fog Coatings 400 150 Fire-Proofing Exterior Coatings 450 350 Fire-Retardant Coatings*** Clear 650 Pigmented 350 Flats 250 100 50 Floor Coatings 420 100 50 Graphic Arts (Sign) Coatings 500 Industrial Maintenance (IM) Coatings 420 250 100 High Temperature IM Coatings 420 Zinc-Rich IM Primers 420 340 100 Japans/Faux Finishing Coatings 700 350 Magnesite Cement Coatings 600 450 Mastic Coatings 300 Metallic Pigmented Coatings 500 Multi-Color Coatings 420 250Rule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-10 Effective Date COATING CATEGORY Ceiling Limit* Current

Limit 1/1/03 1/1/04 1/1/05 7/1/06 7/1/07 7/1/08 Nonflat Coatings 250 150 50 Nonflat High Gloss 250 150 50 Pigmented Lacquer 680 550 275 Pre-Treatment Wash Primers 780 420 Primers, Sealers, and Undercoaters 350 200 100 Quick-Dry Enamels 400 250 150 50 Quick-Dry Primers, Sealers, and Undercoaters 350 200 100 Recycled Coatings 250 Roof Coatings 300 250 50 Roof Coatings, Aluminum 500 100 Roof Primers, Bituminous 350 350 Rust Preventative Coatings 420 400 100 Shellac Clear 730 Pigmented 550 Specialty Primers 350 250 100 Stains 350 250 100 Stains, Interior 250 Swimming Pool Coatings Repair 650 340 Other 340 Traffic Coatings 250 150 100 Waterproofing Sealers 400 250 100 Waterproofing Concrete/Masonry Sealers 400 100

Wood Preservatives Below-Ground 350 Other 350 * The specified limits remain in effect unless revi sed limits are listed in subsequent columns in the Table of Standards. ** Does not include compounds used for curbs and gu tters, sidewalks, islands, driveways and other miscellaneous concrete areas. *** The Fire-Retardant Coating category will be eli minated on January 1, 2007 and subsumed by the coat ing category for which they are formulated.
TABLE OF STANDARDS (cont.)

VOC LIMITS

Grams of VOC Per Liter of Material

COATING Limit Low-Solids Coating 120

(3) Coating Categorization (A) If anywhere on the container of any coating lis ted in the Table of Standards, on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the coating may be used as, or is suitable for use as, a coatin g for which aRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-11 lower VOC standard is specified in the table or in paragraph (c)(1), then the lowest VOC standard shall apply. (B) The provisions of paragraph (c)(3)(A) shall not apply to a coating described in part as a flat, nonflat or primer-seal er-undercoater coating, or represented in part for use on flooring , provided that all of the following requirements are met: (i) The coating meets the definition of a specific coating category for which a higher VOC standard is specifi ed in the Table of Standards, and (ii) The coating is labeled in a manner consistent with the definition and all the specific labeling requiremen ts for that specific coating category, and (iii) The coating is suitable and only recommended for the intended uses of that specific coating category. (4) Sell-Through Provision (A) Any coating that is manufactured prior to the e ffective date of the applicable limit specified in the Table of Standard s, and that has a VOC content above that limit (but not above the lim it in effect on the date of manufacture), may be sold, supplied, of fered for sale, or applied for up to three years after the specified e ffective date. The
manufacturer shall maintain sales and distribution records, as applicable, for any coating manufactured prior to t he effective date if that coating volume is not included in an approv ed Averaging Compliance Option [specified in paragraph (c)(6) of this rule] Program that includes the same coating manufactured on or after the effective date. Such records shall clearly ind icate the date of manufacture (or date code or batch code) and volume of coating sold or distributed to distinguish between those co atings subject to the provisions of this paragraph and those subject to the provisions of Appendix A section (K). These records shall be made available to the Executive Officer upon request and shall be maintained for a period of at least three years after the end of a c ompliance period of the Averaging Compliance Option Program. (B) Any coating in containers of one quart or less that is manufactured prior to the expiration of the exemption under subp aragraph (g)(1)(A) which has a VOC content above that limit specified inRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-12 the Table of Standards, or shellac manufactured pri or to January 1, 2007 and represented for use on wood flooring may b e sold, supplied, offered for sale, or applied for up to on e year after the effective date specified in the Table of Standards or the shellac definition. A manufacturer using this small contai ner sell-through provision shall submit an annual report to the Exec utive Officer within three months of the end of the appropriate s ell-through period. The report shall contain information as re quired by the
Executive Officer to monitor the use of small conta iners under this provision. The manufacturer shall also provide wri tten notice of the one year sell-through expiration date to their distribution chain.
These records shall be made available to the Execut ive Officer upon request and shall be maintained for a period o f at least three

years. (5) All architectural coating containers used to ap ply the contents therein to a surface direct from said container by pouring, siph oning, brushing, rolling, padding, ragging or other means, shall be closed wh en not in use. These architectural coating containers include, but shoul d not be limited to: drums, buckets, cans, pails, trays or other applica tion containers. (6) Averaging Compliance Option In lieu of specific compliance with the applicable limits in the Table of Standards, manufacturers may average designated coa tings such that their actual cumulative emissions from the averaged coati ngs are less than or equal to the cumulative emissions that would have b een allowed under those limits over a compliance period not to exceed one year. (A) On or after January 1, 2001, the following coat ings may be averaged: floor coatings; primers, sealers, and un dercoaters; quick-dry primers, sealers, and undercoaters; quick -dry enamels; rust preventative coatings; roof coatings; specialt y primers; stains; waterproofing sealers; industrial maintenance coati ngs; as well as flats and nonflats (excluding recycled coatings). (B) On or after July 1, 2006, the following coating s in addition to those designated in subparagraph (c)(6)(A) may be average d: bituminous roof primers; fire-retardant coatings, high gloss n onflats, metallic pigmented coatings, zinc-rich industrial maintenanc e primers,Rule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-13 interior stains; waterproofing concrete/masonry sea lers; varnishes; and sanding sealers. (C) Manufacturers using the Averaging Compliance Op tion shall: (i) Comply with the averaging provisions contained in Appendix A, as well as maintain all records for the Averaging Compliance Option (ACO) Program and make these records available to the Executive Officer up on request, for a period of at least three years after the end of the compliance period; and (ii) Use only the sell-through provision in Appendi x A for each coating included in the ACO Program in lieu of the sellthrough provision of subparagraph (c)(4).

(d) Administrative Requirements (1) Containers for all coatings subject to this rul e shall display the date of manufacture of the contents or a code indicating th e date of manufacture. The manufacturers of such coatings shall file with the Executive Officer of
the District and the Executive Officer of the Air R esources Board an explanation of each code. (2) Containers for all coatings subject to the requ irements of this rule shall carry a statement of the manufacturer's recommendat ion regarding thinning of the coating. This requirement shall no t apply to the thinning of architectural coatings with water. The recommendat ion shall specify that the coating is to be employed without thinning or d iluting under normal environmental and application conditions, unless an y thinning
recommended on the label for normal environmental a nd application conditions does not cause a coating to exceed its a pplicable standard. (3) Each container of any coating subject to this r ule shall display the maximum VOC content of the coating, as supplied, an d after any thinning as recommended by the manufacturer. The VOC conten t of low-solids coatings shall be displayed as grams of VOC per lit er of material (excluding any colorant added to the tint bases) an d the VOC content of any other coating shall be displayed as grams of VO C per liter of coating (less water and less exempt compounds, and excludin g any colorant added to tint bases). VOC content displayed may be calcu lated using product formulation data, or may be determined using the te st method inRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-14 subdivision (e). VOC content calculated from formu lation data shall be adjusted by the manufacturer to account for cure vo latiles (if any) and maximum VOC content within production batches. (4) The coating container label or container for qu ick-dry primers, sealers, and undercoaters and quick-dry enamels shall include th e words “Quick-Dry” or shall list the following: (A) The recoat time for quick-dry primers, sealers, and undercoaters, or (B) The dry-hard time for quick-dry enamels.
Containers and container labels shall not contain t he words “Quick-Dry” unless the material meets the dry times specified in the respective definitions or the material complies with the respective general VOC limit for enamels or primers , sealers, and
undercoaters. (5) The labels of all rust preventative coatings sh all include the statement “For Metal Substrates Only” prominently displayed, effec tive January 1, 2003. (6) Effective January 1, 2003, the labels of all sp ecialty primers shall prominently display one or more of the following de scriptions: (A) For fire-damaged substrates. (B) For smoke-damaged substrates. (C) For water-damaged substrates. (D) For excessively chalky substrates. (7) The labels of concrete-curing compounds manufac tured and used for roadways and bridges shall include the statement "F OR ROADWAYS AND BRIDGES ONLY (Not for Use on Curbs and Gutters, Sidewalks, Islands, Driveways and Other Miscellaneous Concrete Areas)" prominently displayed, effective July 1, 2007. (8) Each manufacturer of the following coating cate gories shall, on or before April 1 of each calendar year submit an annual repo rt to the Executive
Officer: (A) Recycled coatings, including the gallons repack aged and
distributed in the District. (B) Shellacs (C) Specialty primers. The report shall specify the number of gallons of e ach coating within the category sold in the District during the preceding calendar year as well asRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-15 their coating VOC content, and shall describe the m ethod used by the
manufacturer to calculate such sales. (9) A manufacturer, distributor, or seller of a coa ting meeting the requirements of this rule, who supplies that coatin g to a person who applies it in a non-compliant manner, shall not be liable for that noncompliant use, unless the manufacturer, distributor , or seller knows that the supplied coating would be used in a non-complia nt manner. (10) Manufacturers of recycled coatings shall submi t a letter to the Executive Officer certifying their status as a Recycled Paint Manufacturer.

(e) Test Methods For the purpose of this rule, the following test me thods shall be used: (1) VOC Content of Coatings The VOC content of coatings subject to the provisio ns 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 ounds’ content determined by Method 303 (Determination of Exempt Compounds) in the South Coast Air Quality Managemen t District's (SCAQMD) "Laboratory Methods of Analysis for Enforc ement Samples" manual, or (B) Method 304 [Determination of Volatile Organic C ompounds (VOC) in Various Materials] in the SCAQMD's "Labora tory Methods of Analysis for Enforcement Samples" manual

. (C) Exempt Perfluorocarbons 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 sulfur-containing perfluorocarbons with no unsatura tions and with sulfur bonds only to carbon and fluorineRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-16 will be analyzed as exempt compounds for compliance with subdivision (c), only when manufacturers specify wh ich individual compounds are used in the coating 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) Acid Content of Coatings The acid content of a coating subject to the provis ions of this rule shall be determined by ASTM Test Method D 1613-85 (Acidity i n Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products). (3) Metal Content of Coatings The metallic content of a coating subject to the pr ovisions of this rule shall be determined by Method 31 1 8 (Determination of Weight Percent
Elemental Metal in Metallic Coatings by Spectrographic Method X-Ray
Diffraction ) in the SCAQMD's "Laboratory Methods of Analysis f or Enforcement Samples" manual. (4) Flame Spread Index The flame spread index of a fire-retardant coating subject to the provisions of this rule shall be determined by ASTM Test Metho d E 84-05 (Standard Test Method for Surface Burning Characteristics of Building Materials), or the most recent version, after application to an or ganic or inorganic substrate, based on the manufacturer's recommendati ons. (5) Drying Times The set-to-touch, dry-hard, dry-to-touch, and dry-t o-recoat times of a coating subject to the provisions of this rule shal l be determined by ASTM Test Method D 1640 (Standard Test Methods for Dryin g, Curing, or Film Formation of Organic Coatings at Room Temperature). The tack-free time of a coating subject to the provisions of this rule shall be determined by ASTM Test Method D 1640, according to the Mechanica l Test Method. (6) Gloss Determination The gloss shall be determined by ASTM Test Method D 523 (Specular Gloss). (7) Equivalent Test MethodsRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-17 Other test methods determined to be equivalent afte r review by the Executive Officer, CARB, and the U.S. EPA, and appr oved in writing by the District Executive Officer may also be used. (8) 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. (9) All test methods referenced in this subdivision shall be the version most recently approved by the appropriate governmental e ntities.

(f) Technology Assessment The Executive Officer shall conduct a technology as sessment for the future VOC limit as specified in paragraph (c)(2) for flat coa tings by July 1, 2007. In conducting the assessment, the Executive Officer sh all consider any applicable future CARB surveys on architectural coatings and s hall report to the Governing Board as to the appropriateness of maintaining the future VOC limit.

(g) Exemptions (1) The provisions of this rule shall not apply to: (A) Architectural coatings in containers having cap acities of one quart or less, provided that the manufacturer submits an annual report to
the Executive Officer within three months of the en d of each calendar year. The report shall contain informatio n as required by
the Executive Officer to monitor the use of the sma ll container exemption. The loss of this exemption due to the f ailure of the manufacturer to submit an annual report shall apply only to the manufacturer. Effective July 1, 2006 clear wood fi nishes, including varnishes and sanding sealers; and lacque rs, including pigmented lacquers, in containers having capacities of one quart or less shall no longer be exempt from the requirement s of this rule. (B) Architectural coatings sold in this District fo r shipment outside of this District or for shipment to other manufacturer s for repackaging; or (C) Emulsion type bituminous pavement sealers; or (D) Aerosol coating products.Rule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-18 (E) Use of stains and lacquers in all areas within the District at an elevation of 4,000 feet or greater above sea level. (2) Notwithstanding the provisions of paragraph (c) (2), a person or facility may add up to 10 percent by volume of VOC to a lacq uer to avoid blushing of the finish during days with relative hu midity greater than 70 percent and temperature below 65 degrees Fahrenheit , at the time of application provided that: (A) The coating is not applied from April 1 to Octo ber 31 of any year. (B) The coating contains acetone and no more than 5 50 grams of VOC per liter of coating (275 grams of VOC per liter of coating after January 1, 2005), less water and exempt compounds, prior to the
addition of VOC. (3) The January 1, 2005 VOC limit for lacquers shal l not be applicable until January 1, 2007 and the July 1, 2008 VOC limit for flat coatings shall not be applicable to any manufacturer which meets all o f the following
criteria: (A) The total gross annual receipts are $2,000,000 or less, and (B) The total number of employees is 100 or less, a nd (C) The manufacturer requesting this exemption file s a written request with the Executive Officer annually which includes, but is not
limited to: (i) The total gross annual receipts for each of the last three

years. (ii) The total number of employees for each of the last three

years. For the purposes of determining the total gross ann ual receipts and the total number of employees, a manufacturer shall inc lude data from all facilities (both within and outside of the District ) which they own, operate, have an ownership interest, or are legally affiliat ed. If a manufacturer exceeds the criteria specified in subparagraphs (g) (3)(A) or (g)(3)(B) any time after the initial request is filed with the Ex ecutive Officer, this exemption shall be immediately terminated, the manu facturer shall forfeit any future eligibility for this exemption, and the manufacturer shall be
considered in violation of this rule for each and e very day that lacquers or flat coatings which do not comply with the respecti ve VOC limit in the Table of Standards are supplied, sold, or offered f or sale within theRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-19 District. The loss of this exemption due to the ma nufacturer exceeding the criteria in subparagraphs (g)(3)(A) or (g)(3)(B) sh all apply only to the
manufacturer. (4) The provisions of paragraph (c) shall not apply to facilities which apply coatings to test specimens for purposes of research and development of those coatings. (5) The July 1, 2006 VOC limit for nonflats, primer s, sealers, and undercoaters, quick-dry enamels, waterproofing conc rete/masonry sealers and rust-preventative coatings shall not be applica ble until July 1, 2008 to any manufacturer which meets all of the following c riteria: (A) The total gross annual receipts are $5,000,000 or less, and (B) The total number of employees is 100 or less, a nd (C) The manufacturer requesting this exemption file s a written request with the Executive Officer annually which includes, but is not
limited to: (i) The total gross annual receipts for each of the last three

years. (ii) The total number of employees for each of the last three

years. For the purposes of determining the total gross ann ual receipts and the total number of employees, a manufacturer shall inc lude data from all facilities (both within and outside of the District ) which they own, operate, have an ownership interest, or are legally affiliat ed. If a manufacturer exceeds the criteria specified in subparagraphs (g) (5)(A) or (g)(5)(B) any time after the initial request is filed with the Ex ecutive Officer, this exemption shall be immediately terminated, the manu facturer shall forfeit any future eligibility for this exemption, and the manufacturer shall be
considered in violation of this rule for each and e very day that nonflats, primers, sealers, and undercoaters, quick-dry ename ls, and rustpreventative coatings do not comply with the respec tive VOC limit in the Table of Standards are supplied, sold, or offered f or sale within the District. The loss of this exemption due to the ma nufacturer exceeding the criteria in subparagraphs (g)(5)(A) or (g)(5)(B) sh all apply only to the
manufacturer. (6) Effective January 1, 2005 through December 31, 2006, roof coatings with a VOC content of 100 grams per liter or less that a re certified under theRule 1113 (Cont.) (Amended June 9, 2006 July 13, 2007 )

1113-20 U.S. EPA Energy Star Program shall not be subject t o the VOC limit in the
Table of Standards.Rule 1113 Appendix A (Amended June 9 , 2006 July 13, 2007 )

1113-21 APPENDIX A: Averaging Compliance Option (ACO) Provi sion

(A) The manufacturer shall demonstrate that actual emissions from the coatings being averaged are less than or equal to the allowable em issions, for the specified compliance period using the following equation:

≤ 

##  n

1 = i GiMi 

## 

n

1 = i GiViLi

Where: 

## 

n

1 = i GiMi = Actual Emissions


##  n

1 = i GiViLi = Allowable Emissions

Gi = Total Gallons of Product (i) subject to

Averaging;
Mi = Material VOC content of Product (i), as

pounds per gallon; {as defined in paragraph (b)(22)}
Vi = Percent by Volume Solids and VOC in

Product (i), {as defined in paragraph (b)(21)}

=
For Non-Zero VOC Coatings :

= VOC Coating VOC Material

For Zero VOC coatings : = % solids by volume

Li = Regulatory VOC Content Limit for Product

(i), as pounds per gallon; {as listed in paragraph (c)(2) Table of Standards} The averaging is limited to coatings that are desig nated by the manufacturer. Any coating not designated in the ACO Program shall com ply with the VOC limit in
the Table of Standards. The manufacturer shall not include any quantity of coatings that it knows or should have known will no t be used in the District. Vm Ves Vw Vm

− −Rule 1113 Appendix A (Cont.) (Amended June 9 , 2006 July 13 2007 )

1113-22 In addition to the requirements specified in Sectio n (A), a manufacturer shall not include in an ACO Program or supply, sell, offer fo r sale, manufacture, blend, or repackage for use within the District any architect ural coating with a VOC content in excess of the maximum VOC content in effect, imm ediately prior to July 1, 2001 or the VOC content limits specified in the Nat ional VOC Emission Standard, whichever is less. Manufacturers that submitted an annual exemption report in 2002 for quick

- dry primers, sealers and undercoaters and included t hose coatings in their most recent approved ACO Program, may continue to average those coatings until July 1, 2006, so long as these coatings do not exceed 450 grams of VOC per liter of coating less water and le ss exempt compounds, in lieu
of the otherwise applicable VOC limit of 350 grams per liter. Manufacturers that submitted the required 2005 annual report for clear wood finish containers of one quart or less, may include in an ACO Program varnis hes and sanding sealers so long as these coatings sold in such containers do n ot exceed the applicable National Standard of 450 grams of VOC per liter of coating less water and less exempt compounds, in lieu of the otherwise applicab le VOC limit of 350 grams per liter.

(B) ACO Program At least six months prior to the start of the compl iance period, manufacturers shall submit an ACO Program, which is subject to all the provisions of Rule 221 – Plans and Rule 306 – Plan Fees, to the Executive Of ficer. Averaging may not be implemented until the ACO Program is approved in wr iting by the Executive
Officer.

Within 45 days of submittal of an ACO Program, the Executive Officer shall approve, disapprove or deem the ACO Program incompl ete. The ACO Program applicant and the Executive Officer may agree to an extension of time for the Executive Officer to take action on the ACO Program

.

(C) General Requirements
The ACO Program shall include all necessary informa tion for the Executive
Officer to make a determination as to whether the m anufacturer may comply with the averaging requirements over the specified compl iance period in an enforceable manner. Such information shall include, but is not limited to, the following: 1. An identification of the contact persons, teleph one numbers, and name of the manufacturer who is submitting the ACO Program.Rule 1113 Appendix A (Cont.) (Amended June 9 , 2006 July 13 2007 )

1113-23 2. An identification of each coating that has been selected by the manufacturer for inclusion in this ACO Program that exceeds the applicable VOC limit in the Table of Standards, the ir VOC content specified in units of both grams of VOC per liter o f coating, and grams of VOC per liter of material and the designation of th e coating category. 3. A detailed demonstration showing that the projec ted actual emissions will not exceed the allowable emissions for a single com pliance period that the ACO Program will be in effect. In addition, the de monstration shall include VOC content information for each coating th at is below the compliance limit in the Table of Standards. The de monstration shall use the equation specified in paragraph (A) of this App endix for projecting the actual emissions and allowable emissions during eac h compliance period.
The demonstration shall also include all VOC conten t levels and projected volume to be sold and distributed, as applicable, w ithin the District for each coating listed in the ACO Program during each compliance period. The requested data can be summarized in a matrix fo rm. 4. A specification of the compliance period(s) and applicable reporting dates. The length of the compliance period shall not be mo re than one year nor
less than six months. 5. An identification and description of specific re cords to be used to calculate emissions and track coating volume for the ACO Prog ram and subsequent reporting. This shall include a detailed explanati on as to how the records are to be used to demonstrate compliance with the a veraging requirements of the ACO Program. Such records or electronic ver sions (if hardcopy originals are not generated) shall be made availabl e to the Executive Officer upon request. These records shall include records from each of the following categories: (a) product formulation records (including both coa ting and material VOCs): (1) lab reports [including percent weight of non-vo latiles, water, and exempts (if applicable); density of the coating; and raw laboratory data] of test methods conducted as specified in paragraph (e)(1) of the rule or (2) product formulation data, including physical pr operties analyses, as applicable, with a VOC calculation demonstration; andRule 1113 Appendix A (Cont.) (Amended June 9 , 2006 July 13 2007 )

1113-24 (b) production records consisting of batch tickets including the date of manufacture, batch weight and volume; and (c) distribution records: (1) customer lists or store distribution lists or b oth (as applicable) and (2) shipping manifests or bills of lading or both ( as applicable);
and (d) sales records consisting of point of sale recei pts or invoices to local distributors or both, as applicable. If the manufacturer requests to demonstrate complia nce with the ACO Program by using records other than those specifica lly listed above, those records must be approved by the U.S. EPA, CARB, and the Executive Officer before an ACO Program can be approved. The Executive Officer may request additional records, as necessary, as a condition of approving the ACO Program or to verify compliance. 6. A statement, signed by a responsible party for t he manufacturer, certifying that all information submitted is true and correct, and that records will be made available to the Executive Officer upon reques t.

(D) Reporting Requirements 1. For every single compliance period, the manufact urer shall submit to the Executive Officer a mid-term report listing all coa tings subject to averaging during the first half of the compliance p eriod, detailed analysis
of the actual and allowable emissions at the end of the mid-term, and if actual emissions exceed allowable emissions an expl anation as to how the manufacturer intends to achieve compliance by the e nd of the compliance period. The report shall be signed by the responsi ble party for the manufacturer, attesting that all information submit ted is true and correct. The mid-term report shall be submitted within 45 da ys after the midway date of the compliance period. A manufacturer may request, in writing, an extension of up to 15 days for submittal of the mid -term report. 2. Within 60 days after the end of the compliance p eriod or upon termination of the ACO Program, whichever is sooner, the manufa cturer shall submit to the Executive Officer a final report, providing a detailed demonstration
of the balance between the actual and allowable emi ssions for the compliance period, an update of any identification and description ofRule 1113 Appendix A (Cont.) (Amended June 9 , 2006 July 13 2007 )

1113-25 specific records used by the manufacturer to verify compliance with the averaging requirement, and any other information re quested by the
Executive Officer to determine whether the manufact urer complied with the averaging requirements over the specified compl iance period. The report shall be signed by the responsible party for the manufacturer, attesting that all information submitted is true an d correct, and that records will be made available to the Executive Officer upo n request. A manufacturer may request, in writing, an extension of up to 30 days for submittal of the final report.

(E) Renewal of an ACO Program
An ACO Program automatically expires at the end of the compliance period. The manufacturer may request a renewal of the ACO Progr am by submitting a renewal request that shall include an updated ACO Program, meeting all applicable ACO Program requirements. The renewal request will be considered conditionally approved until the Executive Officer makes a final decision to deny or approve the renewal request based on a determination of whether the manufacturer is likely to comply with the averaging requirements. The Execut ive Officer shall base such determination on all available information, includi ng but not limited to, the midterm and final reports of the preceding compliance period. The Executive Officer shall make a decision to deny or approve a renewal request no later than 45 days from the date of the final report submittal, unless the manufacturer and the Executive Officer agree to an extension of time for the Executive Officer to take action on the renewal request.

(F) Modification of an ACO Program
A manufacturer may request a modification of the AC O Program at any time prior to the end of the compliance period. The Executive Officer shall take action to approve or disapprove the modification request no l onger than 45 days from the date of its submittal. No modification of the comp liance period shall be allowed. An ACO Program need not be modified to specify addi tional coatings to be averaged that are below the applicable VOC limits.

(G) Termination of an ACO Program 1. A manufacturer may terminate its ACO Program at any time by filing a
written notification to the Executive Officer. The filing date shall beRule 1113 Appendix A (Cont.) (Amended June 9 , 2006 July 13 2007 )

1113-26 considered the effective date of the termination, a nd all other provisions of this rule including the VOC limits shall immediatel y thereafter apply. The manufacturer shall also submit a final report 60 da ys after the termination date. Any exceedance of the actual emissions over the allowable emissions over the period that the ACO Program was in effect shall constitute a separate violation for each day of the entire compliance period. 2. The Executive Officer may terminate an ACO Progr am if any of the following circumstances occur: (a) The manufacturer violates the requirements of t he approved ACO Program, and at the end of the compliance period, t he actual
emissions exceed the allowable emissions. (b) The manufacturer demonstrates a recurring patte rn of violations and has consistently failed to take the necessary s teps to correct
those violations.

(H) Change in VOC Limits

If the VOC limits of a coating listed in the ACO Pr ogram are amended such that its effective date is less than one year from the d ate of adoption, the affected manufacturer may base its averaging on the prior li mits of that coating until the end of the compliance period immediately following the date of adoption.

(I) Labeling

Each container of any coating that is included in a n ACO Program, and that exceeds the applicable VOC limit in the Table of St andards shall display the following statement: “This product is subject to t he averaging provisions of SCAQMD Rule 1113”. A symbol specified by the Execu tive Officer may be used
as a substitute.

(J) Violations

The exceedance of the allowable emissions, as defin ed in Appendix A, Section (A), at the end of any compliance period shall cons titute a separate violation for each coating product line that is over the VOC limi t specified in the Table of Standards for each day of the compliance period. H owever, any violation of the requirements of the ACO Provision of this rule, whi ch the violator canRule 1113 Appendix A (Cont.) (Amended June 9 , 2006 July 13 2007 )

1113-27 demonstrate, to the Executive Officer, did not caus e or allow the emission of an air contaminant and was not the result of negligent or knowing activity may be considered a minor violation (pursuant to District Rule 112).

(K) Sell-Through Provision
A coating that is included in an approved ACO Progr am that does not comply with the specified limit in the Table of Standards may be sold, supplied, offered for sale, or applied for up to three years after th e end of the compliance period specified in the approved ACO Program. This sectio n of Appendix A does not apply to any coating that does not display on the c ontainer either the statement: “This product is subject to architectural coatings averaging provisions of the SCAQMD Rule 1113” or a designated symbol specified by the Executive Officer of the SCAQMD.