UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Rulemaking

for the

California State Implementation Plan

Sacramento Metropolitan Air Quality Management District Rule 442

Architectural Coatings

Prepared by: Arnold Lazarus

Reviewed by: Andrew Steckel

July 20161 RULE IDENTIFICATION

Agency Sacramento Metropolitan Air Quality Management District

(SM AQMD)

SIP Approved

Rule Rule 442

– Architectural Coatings

Amended

– September 5

, 1996

Submitted

- Ma y 1 8, 1998

EPA Approved

– November 9, 1998 ( 63 FR 60214 )

Subject of this

TSD Rule 442

– Architectural Coatings

Amended

- September 24 , 2015

Submitted

- March 11, 2016

Effective

– March 24, 2016

Completeness

Finding Determination of Completeness letter: April 19, 2016

BACKGROUND

- EPA finalized an approval of a previous version of Rule 442 on

November 9, 1998 (63 FR 60214). Rule 442 was revised in 2015 to align with the

2007 California Air Resources Board (CARB) “Suggested Control Measure for

Architectural Coating” (SCM). 1 The SCM is a model rule designed to provide

state

- wide consistency in the regulation of volatile organic compounds (VOCs)

emitt ed from architectural coatings.

The SMAQMD has been designated as severe nonattainment for the 2008 8

- hour

ozone National Ambi ent Air Quality Standard. However, a rchitectural coatings are

considered area sources of VOCs and are not subject to federal Clean Air Act

(CAA) section 182(b) reasonably available control techniques (RACT)

requirements for severe ozone nonattainment areas , since there are no major

architectural coating sources and there is no relevant EPA control techniques

guidance (CTG) document. There are, however, national VOC content limits for

architectural coatings that apply largely to coating manufacturers, import ers and

purveyors. These limits are described in Code of Federal Regulations, Title 40,

Part 59.400, Subpart D

- National Volatile Organic Compound Emission Standards

for Architectural Coatings (40 CFR §59.400).

According to the staff report associated with SMAQMD’s 2015 rule revision

,

“ Currently, architectural coating

- related products are projected to emit 5.0 tons of

VOC per day in 2018. Rule 442 amendments are projected to reduce those

emissions by 1.4 tons per day in 2018. ” 2 Furthermore, according to the CARB

Staff Report for the 2007 SCM, outside of the South Coast Air Quality

Management District, the difference between adopting the 2007 SCM and the

1 http://www.arb.ca.gov/coatings/arch/docs.htm

2 Report to the SMAQMD Board of Directors by SMAQMD, Report ID# 2015

- 0924

- 11,”Analysis”

September 24, 2015, p3.2 2000 SCM, which Rule 442 was based upon, 3 should represent a 28 percent

overa ll emission reduction. 4

RULE SUMMARY

- SM AQMD Rule 442 controls VOC emissions from

architectural coatings by establishing VOC limits on any architectural coating that

is supplied, sold, offered for sale or manufactured for use within the SMAQMD

. Architectural coatings are coatings that are applied to stationary structures and

their accessories. They include house paints, stains, industrial maintenance

coatings, traffic coatings, and many other products. VOCs are emitted from the

coatings during ap plication, curing, and from the associated solvents used for

thinning and clean

- up.

Changes from the 1998 version of the rule currently in the EPA

- approved SIP

include :

1. Elimination of an “Averaging” provision

. 2. Coating categories have been reorganized, eliminating eleven specialty

categories and adding ten new categories. Coatings that are currently

classified under a specialty category that has been eliminated are

reclassified into another specialty category or into one of the general

coating categories (flat, non

- flat, or non

- flat high gloss coatings).

3. The VOC content limits have been lowered to those of the SCM for

general flat, non

- flat, or non

- flat high gloss coatings, as well as for nine

specialty categories. Two new specialty coating categories were created

to reclassify two coating types that are currently classified in one of the

general coating categories (flat, non

- flat, or non

- flat high gloss

coatings).

4. A n anti

- bundling clause was added to the “ E xemption ” section, 110.3

, which provide s an exemption to containers that are one litre or less.

5. Any coatings manufactured before the effective date

, March 24, 2016

, may

be sold for three years after the new requirements take effect under a

“sell

- through” provision if they comply with the current Rule 442. Once

sold, those compliant coatings may be applied indefinitely.

6. Coatings that have compl ied with the rule requirements in effect on March

24, 2016, but d id not comply with the current rule (e.g. Tub and Tile Refinish

coatings), may be sold immediately after rule adoption. Although this

provision is not in the SCM, nine other air districts have adopted this into

their SCM

- based rules. 5

3 Sacramento Metropolitan Air Quality Management District, “Statement of Reasons, Rule 442,

Architectural Coatings, Proposed Amendments,” August 24, 2015. p5.

4 Draft Staff Report, CARB technical support document (TSD) for 2007 SCM, September 2007,

Chapter 2, p4.

5 Sacramento Metropolitan Air Quality Management District, “Statement of Reasons, Rule 442,

Architectural Coatings, Proposed Amendments,” August 24, 2015. P2.3 EPA EVALUATION CRITERIA

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation

Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988 ), the Little

Bluebook ( Guidance Document for Correcting Common VOC & Other Rule

Deficiencies , EPA Region 9, August 21, 2001), and State Implementation

Plans, General Preamble for the Implementation of Title I of the Clean Air

Amendments of 1990 (57 FR 13498, April 16, 1992) were used to help

evaluate compliance with the CAA §110(a)(2)(A) requirement for

enforceability

.

2. Stringency

- The district has no obligation to satisfy reasonably available

control technolog y ( RACT ) requirements for this rule as discussed above.

Nonetheless, we have evaluated the rule for RACT

- level controls as well as

against EPA’s National Volatile Organic Compound Emission Standard for

architectural coating (40 CFR Part 59 Subpart D), and CARB’s SCM for

architectural coating , which is the basis for the most stringent architectural

coating requirements in California.

3. SIP Relaxation

- Where previous versions of rules have been SIP

approved, new submittals must comply with CAA §11 0(l) and §193

regarding SIP relaxations. CAA § 110(l) prohibits EPA from approving any

SIP revisions that would interfere with any applicable requirement

concerning attainment and reasonable further progress (RFP). In addition,

CAA § 193 prohibits the modifi cation of any SIP approved control

requirement in effect before November 15, 1990, in a nonattainment area.

In addition to the documents mentioned above, in applying these criteria to the

submitted rule, we also referred to the following guidance and pol icy document:

1. Final Rule To Implement the 8

- Hour Ozone NAAQS

– Phase 2 , 70 FR

71612 ( Nov. 25, 2005).

EPA EVALUATION

- A summary of our evaluation of the three criteria follows.

1. Enforceability

- The rule requirements and applicability are clear, and the

monitoring, recordkeeping, reporting and other provisions sufficiently ensure

that affected sources and regulators can evaluate and determine

compliance with Rule 442 consistently. Therefore, we determine that rule

442 adequately fulfi l ls the enforceability requirements.

2. Rule Stringency

– Rule 442 is as stringent as the SCM and more stringent

than 40 CFR Part 59 Subpart D. Therefore, we determine that it implements

RACT

- level controls.

3. SIP Relaxation

- The SIP is strengthened by the alignment of Rule 442 to4 CARB’s SCM. We propose to determine that our approval of the submittal

would comply with CAA §§ 110(l) and 193 because (1) 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 (2) the

emission limits in the submitted rule are more stringent than the existing

SIP

- approved control requirements that they would replace.

RULE DEFICIENCIES

- We find no deficiencies with Rule 442 to preclude a full

approval of Rule 442.

RECOMMENDATIONS FOR THE NEXT RULE REVISION

– I f further VOC

emission reduction is needed, we recommend that SMAQMD consider replacing

Exemption 110.3 , (exempting containers that are less than one liter) with the more

stringent South Coast Air Quality Management District’s (SCAQMD) Rule 1113(f)

Exemptions (1) “Small Container Exemptions.” According to the SCAQMD “ Draft

Staff Report for Proposed Amended Rule 1113

. Architectural Coatings,”

November 2015, page 25, one percent of small container (1 litre or less) sales

represents twenty percent of emissions for “Small Container Exemptions.”

EPA ACTION

- The submitted Rule 442 strengthens the SIP, and the associated

District staff report projects it will reduce VOC emissions by approximately 28 %

. The rule fulfil l s the relevant CAA §110 and part D requirements. Therefore, EPA

staff recommends approval of Rule 442 pursuant to CAA §§110(k)(3) and

§301(a).

REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and

Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.

2. “Guidance Document for Correcting Common VOC & Other Rule

Deficiencies,” (a.k.a., Little Blueboo k), EPA Region 9, August 21,

2001.

3. Code of Federal Regulations (CFR), Title 40, Part 59.400, Subpart

D

- National Volatile Organic Compound Emission Standards for

Architectural Coatings (40 CFR §59.400).

4. SMAQMD Rule 442 “Architectural Coatings

, ” amended September

5, 1996

, submitted May 18, 1998 and EPA approved November 9,

1998 (63 FR 60214 ).

5. SMAQMD Rule 442 “Architectural Coatings,” amended September

5, 2015, submitted March 11, 2016

6. “Suggested Control Measure for Architectural Coatings,” CARB,

October 2007.

7. Draft Staff Report, CARB technical support document (TSD) for

2007 SCM, September 2007

. 8. South Coast Air Quality Management District , Rule 1113

“Architectural Coatings,” amended Fe bruary 5, 2016.5 9. South Coast Air Quality Management District, “Draft Staff Report,

Proposed Amended Rules 1113

– Architectural Coatings,”

November 2015. P25

.