ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 1 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 74.2 - ARCHITECTURAL COATINGS (Adopted 6/19/79, Revised 12/2/80, 9/21/ 82, 11/22/83, 10/21/86, 4/2/91, 8/11/92, 11/13/2001 , /

/2010 )

A. Applicability

Except as provided in Subsection F.1, this rule is applicable to any person who supplies, sells, offers for sale, or manufactures , blends, or repackages any architectural coating for use within the District, as well as any person who applies or solicits the application of any architectural coating within the District.

B. Requirements

1. VOC Content Limits: Except as provided in Subsections B.2

, and B.3, B.8, and B.9

and no person shall: (i) manufacture, blend, or repackage for sale within the District; (ii) supply, sell, or offer for sale within the District; or (iii) solicit for application or apply within the District, any architectural coating with a VOC content in excess of the corresponding limit specified in the Table of Standards following Tables . Limits are expressed as VOC Regulatory (unless otherwise specified) in grams of VOC per liter of coating thinned to the manufacturer’s maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to the tint bases.

"Manufacturer’s maximum recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.

Table 1 of Standards (Table 1 shall be effective until January 1, 2011)

COATING CATEGORY LIMIT EFFECTIVE 1/1/2004 (grams per liter) 1,2

Flat Coatings 100 Nonflat Coatings 150 Nonflat–High Gloss 250

SPECIALTY COATINGS (Alphabetized) Antenna Coatings 530 Antifouling 400

Bituminous Roof 300

Bituminous Roof Primer 350

Bond Breaker 350 Clear Wood Coatings Clear Brushing Lacquer 680 Lacquers (including lacquer sanding sealers) 550

1 The specified limits remain in effect unless revised limits are listed in subsequent columns in Tables 1 or 2.

2 Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams VOC per liter.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 2 Table 1 (Table 1 shall be effective until January 1, 2011)

COATING CATEGORY LIMIT EFFECTIVE 1/1/2004 (grams per liter) 3,4

Sanding Sealers (other than lacquer sanding sealers) 350

Varnishes 350 Concrete Curing Compounds 350 Dry Fog Coatings 400 Faux Finishing Coatings 350 Fire Resistive Coatings 350

Fire Retardant - Clear 650 Fire Retardant – Opaque 350 Floor Coatings 250 Flow Coatings 420 Form-Release Compounds 250 Graphic Arts-Sign Paints 500 High Temperature Coatings 420

Industrial Maintenance 250 Low Solids Coatings 5 120 Magnesite Cement Coatings 450 Mastic Texture Coatings 300 Metallic Pigmented Coatings 500 Multi-Color Coatings 250

Pretreatment Wash Primers 420
Primers, Sealer & Undercoaters 200 Quick-Dry Enamels 250 Quick-Dry Primers, Sealers 200 Recycled Coatings 250 Roof Coatings 250 Rust Preventative Coatings 400

Shellacs – Clear 730 Shellacs – Opaque 550 Specialty Primers, Sealers and Undercoaters 350

Stains 250 Swimming Pool Coatings 340 Swimming Pool Repair and Maintenance Coatings 340 Temperature-Indicator Safety Coatings 550 Traffic Marking Coatings 150 Waterproofing Sealers 250 Waterproofing Concrete/Masonry Sealers 400

Wood Preservatives 350

3 The specified limits remain in effect unless revised limits are listed in subsequent columns in Tables 1 or 2.

4 Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams VOC per liter.

5 Limit is expressed as VOC Actual.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 3 Table 2 (Becomes effective on January 1, 2011)

COATING CATEGORY LIMIT(g/l) LIMIT (g/l)

EFFECTIVE 1/1/2011 EFFECTIVE 1/1/2012 Flat Coatings 100 50 Nonflat Coatings 100 Nonflat – High Gloss Coatings 150 Specialty Coatings

Aluminum Roof 400 Basement Specialty Coatings 400 Bituminous Roof Coatings 50

Bituminous Roof Primers 350

Bond Breakers 350 Concrete Curing Compounds 350 Concrete/Masonry Sealers 100 Driveway Sealer 50 Dry Fog Coatings 150 Faux Finishing Coatings 350 Fire Resistive Coatings 350 Floor Coatings 100 Form-Release Compounds 250 Graphic Arts Coatings (Sign Paints) 500 High Temperature Coatings 420 Industrial Maintenance Coatings 250 Low Solids Coatings 6 120 Magnesite Cement Coatings 450 Mastic Texture Coatings 100 Metallic Pigmented Coatings 500 Multi-Color Coatings 250

Pre-Treatment Wash Primers 420 Primers, Sealers, and Undercoaters 200 100 Reactive Penetrating Sealer 350 Recycled Coatings 250 Roof Coatings 50 Rust Preventative Coatings 400 250

Shellacs: Clear 730 Shellacs; Opaque 550 Specialty Primers, Sealers & Undercoaters 350 100

Stains 250

Stone Consolidants 450 Swimming Pool Coatings 340 Traffic Marking Coatings 100 Tub and Tile Refinish Coatings 420 Waterproofing Membranes 250 Wood Coatings 275

6 Limit is expressed as VOC Actual.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 4 COATING CATEGORY LIMIT(g/l) LIMIT (g/l)

EFFECTIVE 1/1/2011 EFFECTIVE 1/1/2012

Wood Preservatives 350

Zinc-Rich Primer 340

2. Most Restrictive VOC Limits: Effective Until January 1, 2011, I i f anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in the Table 1 of Standards , then the lowest (most restrictive) VOC standard shall apply. This provision does not apply to any of the following coating categories: a. Lacquer coatings (including lacquer sanding sealers). b. Metallic pigmented coatings.

c. Shellacs. d. Fire-retardant coatings. e. Pretreatment wash primers. f. Industrial maintenance coatings. g. Low-solids coatings. h. Wood preservatives. i. High temperature coatings. j. Temperature-indicator safety coatings.

k. Antenna coatings.

l. Antifouling coatings.

m. Flow coatings.

n. Bituminous roof primers.

o. Specialty primers, sealers and undercoaters.

p. Basement specialty coatings

q. Reactive penetrating sealers

r. Stone consolidants

s. Tub and tile refinish coatings

Effective January 1, 2011, if a coating meets the definition in Section J for one or more specialty coating categories that are listed in the Tables in Subsection B.1, then that coating is not required to meet the VOC limits for Flat, Nonflat, or Nonflat – High Gloss coatings, but is required to meet the VOC limit for the applicable specialty coating listed in Table 2.

Effective January 1, 2011, with the exception of the specialty coating categories specified below, if a coating is recommended for use in more than one of the specialty coating categories listed in Table 2, the most restrictive or lowest VOC content limit shall apply. This requirement applies to: usage recommendations that appear anywhere on the coating container or label, or in any sales, advertising, or technical literature supplied by or available from a manufacturer, their website, or anyone acting on their behalf.

a. Aluminum roof coatingsATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 5 b. Basement specialty coatings c. Bituminous roof primers d. High temperature coatings e. Industrial maintenance coatings f. Low-solids coatings g. Metallic pigmented coatings h. Pretreatment wash primers i. Reactive penetrating sealers j. Shellacs k. Specialty primers, sealers, and undercoaters

l. Stone consolidants m. Tub and tile refinish coatings n. Wood coatings o. Wood preservatives p. Zinc-rich primers

3. Sell-Through of Coatings:

a. A coating manufactured prior to the January 1, 2003 or January 1, 20 04 effective date specified for that coating in the Table of Standards Table 2 in Subsection B.1

, and that complied with the standards in effect at the time the coating was manufactured, may be sold, supplied, or offered for sale for up to three years after the specified effective date. In addition, a such coating manufactured before the effective date specified for that coati ng in the Table of Standards in Subsection B.1 may be applied at any time, both before and after the specified effective date , so long as the coating complied with the standards in effect at the time the coating was

manufactured . This Section B.3 does not apply to any coating that complies with the future effective January 1, 2003 or January 1, 2004, limits or that does not display the date or date-code required by Subsection C.1.

b. A coating included in an approved Averaging Program that does not comply with the specified limit in the Table of Standards in Subsection B.1 may be sold, supplied, or offered for sale for up to three years after the end of the compliance period specified in the approved Averaging Program. In addition, such a coating may be a pplied at any time, both during and after the compliance period. This Section B.3.b does not apply to any coating that does not display on the container either the statement: "This product is subject to architectural coating averaging provisions in Calif ornia" or substitute symbol specified by the Executive Officer of the California Air Resources Board. This Subsection B.3.b shall remain in effect until January 1, 2008.

4. Painting Practices: All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means, shall be closed when not in use. These architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays or other application contai ners. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 6 5. Thinning: No person who applies or solicits the application of any architectural coating shall apply or solicit the application of any coating that is thinned to exceed the applicable VOC limit specified in the Table of Standards Tables in Subsection

B.1.

6. Rust Preventative Coatings: Effective until January 1, 2004 2012 , no person shall apply or solicit the application of any rust preventative coating for industrial use, unless such coating complies with the industrial maintenance VOC limit specified in

the Table of Standards in Subsection B.1.

7. Coatings Not Listed in the Table of Standard s Tables in Subsection B.1: For any coating that does not meet any of the definitions for the specialty coatings categories

listed in the Table of Standards Tables in Subsection B.1, the VOC content limit shall be determined by classifying the coating as a flat coating, or a nonflat coating, or a nonflat high gloss coating, based on its gloss, as defined in Subsections J.21, J.33,

and J.34 ; and the corresponding flat

, or nonflat , or nonflat high gloss coating VOC limit shall apply.

8. Lacquers: Effective until January 1, 2011, N n otwithstanding the requirements of Subsections B.1 and B.5, a person or facility may add up to 10 percent VOC, by volume, to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70 percent and temperature below 65 o F, at the time of application, provided that the coating contains acetone and is no more than 550 grams of VOC per liter of coating, less exempt compounds, prior to the addition of

VOC.

9. Averaging Compliance Option: On or after Ja nuary 1, 2003, in lieu of compliance with the specified limits in the Table of Standards in Subsection B.1 for floor coatings; industrial maintenance coatings; primers, sealers and undercoaters; quick

dry primers, sealers, and undercoaters; quick

- dry ename ls; roof coatings; bituminous roof coatings; rust preventative coatings; stains; waterproofing sealers; as well as flats and nonflats (excluding recycled coatings), manufacturers may average designated coatings such that their actual cumulative emissions f rom the averaged coatings are less than or equal to the cumulative emissions that would have been allowed under those limits over a compliance period not to exceed one year. Such manufacturers shall also comply with the averaging provisions contained in

A ppendix A, as well as maintain and make available for inspection, records for at least 3 years after the end of the compliance period. This Subsection B.9 and Appendix A shall cease to effective on January 1, 2005, after which averaging shall no longer be allowed.

C. Ad ministrative Requirements

– Container Labeling Requirements

Each manufacturer of any architectural coating subject to this rule shall display the information listed below on the coating container (or label) in which the coating is sold or

distributed:ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 7 1. Date Code: The date the coating was manufactured, or a date code representing the date, shall be indicated on the label, lid or bottom of the container. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code with the Executive Officer of the California Air Resources

Board or with the Air Pollution Control Officer

.

2. Thinning Recommendations: A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This does not apply to the thinni ng of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation shall specify that the coating is to be applied without thinning.

3. VOC Content: Each container of any coating subject to this rule shall display the maximum or actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. The VOC content shall be d isplayed as grams of Volatile Organic Compound (VOC) per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test method in Section G. The procedures in Section D shall be used to

c alculate VOC content.

3. VOC Content: Each container of any coating subject to this rule shall display one of the following values in grams of VOC per liter of coating:

a. Maximum VOC content as determined from all potential product formulations; or b. VOC content as determined from actual formulation data; or c. VOC content as determined using the test methods in Subsection G.1.

If the manufacturer does not recommend thinning, the container must display the VOC content, as supplied. If the manufacturer recommends thinning, the container must display the VOC content, including the maximum amount of thinning solvent recommended by the manufacturer.

Effective January 1, 2011, if the coating is a multi-component product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that gene rate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing. VOC content shall be determined as defined in Subsections J.61, J.62, or J.63.

4. Industrial Maintenance Coatings : The labels of all Industrial Maintenance coatings shall prominently display the statement “For industrial use only” or “For professional use only” or “Not for residential use” or “Not intended for residential

use.”

5. Clear Brushing Lacquers: Effective January 1, 2003 Until January 1, 2011 , the labels of all clear brushing lacquers shall prominently display the statements “For brush application only.” and “This product must not be thinned or sprayed.”ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 8 6. Rust Preventative Coatings: Effective January 1, 2003, t T he labels of all rust preventative coatings shall prominently display the statement “For Metal Substrates Only.”

7. Specialty Primers, Sealers and Undercoaters: Ef fective January 1, 2003, Until January 1, 2012, the labels of all specialty primers, sealers and undercoaters shall prominently display one or more of the following descriptions:

b a . For fire-damaged substrates.

c b . For smoke-damaged substrates.

d c . For water-damaged substrates.

8. Quick Dry Enamels: Effective January 1, 2003 Until January 1, 2011 , the labels of all quick dry enamels shall prominently display the words “Quick Dry” and the dry

hard time.

9. Nonflat High Gloss Coatings: Effective January 1, 2003, t T he labels of all nonflat high gloss coatings shall prominently display the words “High Gloss.”

10. Stone Consolidants: Effective January 1, 2011, the labels for all stone consolidants shall display the statement: “Stone Consolidants – For Professional Use Only.”

11. Wood Coatings: Effective January 1, 2011, the labels of all Wood coatings shall prominently display the statement: “For Wood Substrates Only.”

12. Zinc-Rich Primers: Effective January 1, 2011, the labels of all Zinc-Rich primers shall prominently display the statement: “For professional use only” or “For industrial use only” or “Not for residential use” or “Not intended for residential use.”

13. Faux Finishing Coatings: Effective January 1, 2011, the labels of all clear topcoat Faux Finishing coatings shall prominently display the statement: “This product can only be sold or used as part of a Faux Finishing coating system.”

14. Reactive Penetrating Sealers: Effective January 1, 2011, all Reactive Penetrating Sealers shall prominently display the label, “Reactive Penetrating Sealer.”

D. Calculation of VOC Content: For the purpos e of determining compliance with the VOC content limits in the Table of Standards in Subsection B.1, the VOC content shall be determined by using the following procedures, as appropriate. The VOC content of a tint

base shall be determined without colorant that is added after the tint base is manufactured.

1. With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer’s maximum recommendation, excluding the volume of any water and exempt compounds using the equation in

Subsection J.25.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 9 2. For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer’s maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using the equation in Subsection J.26.

D. Calculation of VOC Content: For the pur pose of determining compliance with the VOC content limits in Subsection B.1, the VOC content of a coating shall be determined as defined in Subsections J.61, J.62, or J.63. The VOC content of low solids coatings shall be

determined in accordance with Subsection J.61. The VOC content of a tint base shall be

determined without colorant that is added after the tint base is manufactured. If the manufacturer does not recommend thinning, the VOC content shall be calculated for the product as supplied. If the manufacturer recommends thinning, the VOC content shall be calculated including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the VOC content shall be calculated as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content shall include the VOCs emitted during curing.

E. Administrative Requirements

- – Reporting Requirements

1. Each manufacturer of any of the following coatings shall, on or before April 1 of each calendar year beginning in 2004, submit an annual report in writing to the Executive Officer of the Air Resources Board (ARB), which specifies the number of gallo ns sold of each of the following coatings, if any, in California during the preceding calendar year, and shall describe the method used by the manufacturer to

calculate state sales:

a. Clear Brushing Lacquers

b. Rust Preventative Coatings

c. Special ty Primers, Sealers and Undercoaters

d. Bituminous Roof Coatings

e. Bituminous Roof Primers

2. Toxic Exempt Compounds: For each architectural coating that contains perchloroethylene or methylene chloride, the manufacturer shall, on or before April

1 of each calendar year beginning in the year 2004, report in writing to the Executive Officer of the ARB the following information for products sold in California during the preceding year:

a. The product brand name and a copy of the product label with legible usage

instructions.

b. The product coating category listed in the Table of Standards in Subsection B.1 to which the product belongs.

c. The total sales in California during the calendar year to the nearest gallon.

d. The volume percent, to th e nearest 0.1 percent, of perchloroethylene and methylene chloride in the coating.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 10 3. Recycled Coatings: Manufacturers of recycled coatings shall submit a letter to Executive Officer of the ARB certifying their status as a Recycled Paint

Manufacturer. The manufacturer shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual report to the Executive Officer of the ARB. The report shall include, for all recycled coatings, the total number of gallons

distributed in Cal ifornia during the preceding year, and shall describe the method used by the manufacturer to calculate California’s sales.

1. Sales Data: A responsible official from each manufacturer shall upon request of the

Executive Officer of the Air Resources Boar d, or his or her delegate, provide data concerning the distribution and sales of architectural coatings. The responsible official shall within 180 days provide information, including but not limited to:

a. Name and mailing address of the manufacturer; b. Name, address, and telephone number of a contact person; c. Name of the coating product as it appears on the label and the applicable coating category; d. Whether the product is marketed for interior or exterior or both; e. Number of gallons sold in California in containers greater than one liter (1.057 quart) and equal to or less than one liter (1.057 quart); f. VOC Actual content and VOC Regulatory content in grams per liter. If thinning is recommended, list the VOC Actual content and VOC Regulatory content after maximum recommended thinning. If containers less than one liter have a different VOC content than containers greater than one liter, list separately. If the coating is a multi-component product, provide the VOC content as mixed or catalyzed. g. Names and CAS numbers of the VOC constituents in the product; h. Names and CAS numbers of any exempt organic compounds in the product; i. Whether the product is marketed as solventborne, waterborne or 100 percent solids; j. Description of resin or binder in the product; k. Whether the coating is a single-component or multi-component product; l. Density of the product in pounds per gallon; m. Percent by weight of: solids, all volatile materials, water, and any exempt organic compounds; n. Percent by volume of: solids, water, and any exempt organic compounds.

2. All sales data listed above in Subsection E.1 shall be maintained by the responsible official for a minimum of three years. Sales data submitted by the responsible official to the Executive Officer of the ARB may be claimed as confidential, and such information shall be handled in accordance with the procedures specified in Title 17, CCR Sections 91000-91022.

F. Exemptions

1. The requirements of t T his rule shall not apply to:ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 11 1. a. Any architectural coating that is supplied, sold , offered for sale or manufactured for use outside of the District or for shipment to other manufacturers for reformulation or repackaging;

3

. b. Any aerosol coating product.

2. Except for the reporting requirements in Section E, this rule shall not apply to any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less.

3. Limited Exemption, Early Compliance: Prior to January 1, 2011, any coating that meets the definition in Section J for a coating category listed in Subsection B.1 (Table 2) and complies with the corresponding VOC limit in Table 2 and with the Most Restrictive VOC limit in Subsection B.2 and the corresponding Labeling Requirement in Section C, if applicable, shall be considered in compliance with this

rule.

G. Testing Procedures:

1. Volatile Organic Compound Content: To determine the physical properties of a coating in order to perform the calculations in Section D J.61 or J.63 , the reference method for VOC content is EPA Method 24, incorporat ing ed by reference in

Subsection G.4. k i , except as provided in Subsections G.2 and G.3. An alternative method to determine the VOC content of coatings is the SCAQMD Method 304-91 (Revised February 1996), incorporated by reference in Subsection G.4. l j . The exempt compounds content shall be determined by SCAQMD Method 303

- 91 (Revised August 1996) incorporated by reference in Subsection G.4. j test methods referenced in Subsections G.4.f, G.4.g, or G.4.h, as applicable . To determine the VOC content of a coating, the manufacturer may use USEPA Method 24, or an alternative method as provided in Subsection G.2, formulation data, or any reasonable means for predicting that the coating has been formulated as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 test results will govern, except when an alternative method is approved as specified in Subsection G.2. The APCO may require the manufacturer to conduct a Method 24 analysis.

2. Alternative Test Method: Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with Subsection B.1 G.1 , after review and approval in writing by the staffs of the District, ARB and United States Environmental Protection Agency, may also be used.

3. Methacrylate Traffic Marking Coatings: Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to a

modification of U.S. Environmental Protection Agency Method 24 (40 CFR 59, subpart D, Appendix A), incorporated by reference in Section G.4. m k . This method has not been approved for methacrylate multicomponent coatings used for purposesATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 12 other than as traffic marking coatings or for other classes of multicomponent coatings.

4 Test Methods: The following test methods are incorporated by reference herein, and shall be used to test coatings subject to provisions of this rule:

a. Flame Spread Index: The flame spread index of a fire-retardant coating shall be determined by ASTM Designation E 84- 99 07 , “Standard Test Method for Surface Burning Characteristics of Building Materials,” (see Subsection J.20, Fire-Retardant Coating).

b. Fire Resistance Rating: The fire resistance rating of a fire-resistive coating shall be determined by ASTM Designation E 119- 98 07 , “Standard Test Methods for Fire Tests of Building Construction Materials,” (see Subsection J.19, Fire-Resistive Coating).

c. Gloss Determination : The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), “Standard Te st Method for Specular Gloss,” (see Subsections J.21, J.33 and J.34 J.36, J.37, and J.42 , Flat Coating, Nonflat Coating, and Nonflat High Gloss Coating, and Quick

- Dry Enamels ).

d. Metal Content of Coatings : The metallic content of a coating shall be determined by South Coast Air Quality Management District Method 318- 95,”Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction,” South Coast Air Quality Management District “Laboratory Methods of Analysis for Enforcement Samples,” (see Subsection s J.3, J.18,

and J.31 J.34, Aluminum Roof Coatings, Faux Finish Coatings, and Metallic Pigmented Coating).

e. Acid Content of Coatings : The acid content of a coating shall be determined by ASTM Designation D 1613- 96 06 , “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products,” (see Subsection J.40 J.39 , Pre-Treatment Wash Primers).

h f . Exempt Compounds – Siloxanes : Exempt compounds that are cyclic, branched, or linear completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with Section G by Bay Area Air Quality Management District Method 43, “Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials,” Bay Area Air Quality Management District Manual of Procedures, Volume III, adopted 11/6/96, (see Subsection J.63 J.60 , Volatile Organic Compounds

, and Subsection G.1).

i g . Exempt Compounds – Acetone, Methyl Acetate, t-Butyl Acetate, Parachlorobenzotrifluoride (PCBTF) : The se exempt compound s parachlorobenzotrifluoride, shall be analyzed as an exempt compound s for compliance with Section G by Bay Area Air Quality Management DistrictATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 13 Method 41, “Determination of Volatile Organic Compounds in Solvent

Based Coatings an d Related Materials Containing Parachlorobenzotrifluoride, Bay Area Air Qu ality Management District Manual of Procedures, Volume III, adopted 12/20/95, ASTM D 6133-02, Standard Test Method for Acetone, Methyl Acetate, t-Butyl Acetate, or pChlorobenzotrifluoride Content of Solventborne and Waterborne Paints, Coatings, Resins and Raw Materials by Direct Injection Into a Gas Chromatograph (see Subsection J.63 J.60 , Volatile Organic Compound s, and Subsection G.1).

j h

. Other Exempt Compounds : The content of compounds exempt under U.S. Environmental Protection Agency Method 24 shall be analyzed by South Coast Air Quality Management District Method 303

- 91 (Revised 1996 ), “Determination of exempt compounds,” South Coast Air Quality Management District Laboratory Methods of Analysis for Enforcement Samples

, Exempt organic compound content, other than as determined in Subsections G.4.f or G.4.g shall be determined by using CARB Method 432, “Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings (September 12, 1998); or CARB Method 422, “Determination of Volatile Organic Compounds in Emissions from Stationary Sources (January 22, 1987); or South Coast AQMD Method 303-91, “Determination of Exempt Compounds” (February 1993) (see Subsection J.63 J.60 , Volatile Organic Compound s, and Subsection G.1)

k i . VOC Content of Coatings : The VOC content of a coating shall be determined by U.S. Environmental Protection Agency Method 24 as it exists in appendix A of 40 Code of Federal Regulations (CFR) part 60, “Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings,” (see Subsection G.1)

l j . Alternative VOC Content of Coatings : The VOC content of coatings may be analyzed either by U.S. Environmental Protection Agency Method 24 or South Coast Air Quality Management District Method 304-91 (Revised 1996), “Determination of Volatile Organic Compounds (VOC) in Various Materials,” South Coast Air Quality Management District “Laboratory Methods of Analysis for Enforcement Samples,” (see S ubs ection G.1)

m k . Methacrylate Traffic Marking Coatings : The VOC content of methacrylate

multi

- component coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR part 59, subpart D, appendix A, “Determination of Volatile Matter Content of Methacrylate Multi

- component Coatings Used as Traffic Marking Coatings, “ (September 11, 1998), (see S ubs ection G. 1 3 ).

l. Hydrostatic Pressure for Basement Specialty Coatings: ASTM D7088-04, “Standard Practice for Resistance to Hydrostatic Pressure for Coatings Used in Below-Grade Applications Applied to Masonry” (see Subsection J.6).ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 14 m. Tub and Tile Refinish Coating Adhesion: ASTM D 4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D3359-02, “Standard Test Method for Measuring Adhesion by Tape Test” (see Subsection J.57).

n. Tub and Tile Refinish Coating Har dness: ASTM D 3363-05, “Standard Test Method for Film Hardness by Pencil Test” (see Subsection J.57).

o. Tub and Tile Refinish Coating Abrasion Resistance: ASTM D 4060-07, “Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser” (see Subsection J.57).

p. Tub and Tile Refinish Coating Water Resistance: ASTM D 4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D714-02e1, “Standard Test Method for Evaluating Degree of Blistering of Paints” (see Subsection J.57).

q. Waterproofing Membrane: ASTM C836-06, “Standard Specification for High Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course” (see Subsection J.64).

r. Mold and Mildew Growth for Basement Specialty Coatings: ASTM D3273- 00, “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber” and ASTM D3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation” (see Subsection J.6).

s. Reactive Penetrating Sealer – Water Repellency: ASTM C67-07, “Standard Test Methods for Sampling and Testing Br ick and Structural Clay Tile”; or ASTM C97-02, “Standard Test Method for Absorption and Bulk Specific Gravity of Dimension Stone”; or ASTM C140-06, “Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units” (See Subsection J.41).

t. Reactive Penetrating Sealer – Water Vapor Transmission: ASTM E96/E96M-05, “Standard Test Method for Water Vapor Transmission of Materials” (See Subsection J.41).

u. Reactive Penetrating Sealer – Chloride Screening Applications: National Cooperative Highway Research Report 244 (1981), “ Concrete Sealers for the Protection of Bridge Structures” (See Subsection J. 41).

v. Stone Consolidants: ASTM E2167-01, “Standard Guide for Selection and Use of Stone Consolidants” (see Subsection J.53).ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 15 w. Surface Chalkiness: The chalkiness of a surface shall be determined using ASTM D 4214-98, “Standard Test Methods for Evaluating the Degree of Chalkiness of Exterior Paint Films,” (see Subsection J.51).

H. Violations

Failure to comply with any provision of this rule shall constitute a violation of this rule.

I. Severability

If a court of competent jurisdiction issues an order that any provision of this rule is invalid,

it is the intent of the Board of the District th at other provisions of this rule remain in full force and affect, to the extent allowed by law. Each provision of this rule shall be deemed severable, and in the event that any provision of this rule is held to be invalid, the remainder

of this rule shall continue in full force and effect.

J. Definitions:

1. "Adhesive": Any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

2. "Aerosol Coating Product": A pressuri zed coating product containing pigments or resins that dispenses product 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 traffic/marking applications.

3. “Aluminum Roof Coating”: A coating labeled and formulated exclusively for application to roofs and containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per gallon). Pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference

in Subsection G.4.d.

5. 4. "Appurtenances" : Any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways, fixed ladders, catwalks, and fire escapes; and

window screens.

6. 5. "Architectural Coating": A coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to nonstationary structures, such as airplanes, ships, boats, railcars and automobiles, are not considered to be architectural coatings for the purposes of this rule, nor are

adhesives.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 16 6. “Basement Specialty Coating”: A clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces and that meets or exceeds the following criteria:

a. Capable of withstanding at least 10 psi hydrostatic pressure as determined in accordance with ASTM D7088-04, which is incorporated by reference in

Subsection G.4.l.

b Must be resistant to mold and mildew growth, and must achieve a microbial growth rate of 8 or more (10 is no growth) as determined in accordance with ASTM D3273-00 and ASTM D3274-95, incorporated by reference in

Subsection G.4.r.

7. "Bitumens": Black or brown materials including, but not limited to, asphalt, tar, pitch and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons that are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

8. "Bituminous Roof Coating": A coating that incorporates bitumens that is labeled and formulated exclusively for roofing.

9. "Bituminous Roof Primer": A primer that incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing

components

.

10. "Bond Breaker": A coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

13 11 . "Coating": A material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

14. 12. "Colorant": A concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sale units to produce the

desired color.

15. 13. "Concrete Curing Compound": A coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water. perform one or more of the following functions:

a. Retard the evaporation of water; or b. Harden or dustproof the surface of freshly poured concrete.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 17 14. “Concrete/Masonry Sealer”: A clear or opaque coating that is labeled and formulated primarily for application to concrete and masonry surfaces to perform one or more of the following functions:

a. Prevent penetration of water; or b. Provide resistance against abrasion, alkalis, acids, mildew, staining or ultraviolet light; or c. Harden or dustproof the surface of aged or cured concrete.

15. “Driveway Sealer”: A coating labeled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions: a. Fill cracks; or b. Seal the surface to provide protection; or c. Restore or preserve the appearance.

16. "Dry Fog Coating (Dry Fall)": A coating labeled and formulated only for spray application such that overspray droplet s dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

17. "Exempt Organic Compounds": Shall be as defined in Rule 2 of these rules. Exempt compounds content of a coating shall be determined by SCAQMD Method

303

- 91 (Revised August 1996 ), incorporated by reference in Subsection test methods as referenced in Subsections G.4.f, G.4.g, or G.4.h, as applicable

.

18. "Faux Finishing Coating": A coating labeled and formulated to meet one or more of the following criteria: as a stain or glaze to create artistic effects including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain.

a. A glaze or textured coating used to create artistic effects, including but not limited to: dirt, suede, old age, smoke damage, and simulated marble and wood grain; or

b. A decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of pearlescent mica pigment or other iridescent pigment per liter of coating as applied; or

c. A decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pigment per liter of coating as applied, when tested in accordance with SCAQMD Method 318-95, incorporated by reference in Subsection G.4.d; or

d. A decorative coating used to create a metallic appearance that contains 48 grams or greater of elemental metallic pigment per liter of coating as applied and which requires a clear topcoat to prevent the degradation of the finish under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference in Subsection G.4.d; orATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 18 e. A clear topcoat to seal and protect a Faux Finishing coating that meets the one of the above criteria. This clearcoat shall be offered for sale, sold and applied solely as part of a Faux Finishing coating system, and must be

labeled in accordance with Subsection C.13.

19. "Fire-Resistive Coating": A n opaque coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and

other structural materials

. , that has been fire tested and rated by a testing agency approved by build ing code officials for use in bringing assemblies of structural materials into compliance with federal, state and local building code requirements. The Fire-Resistive category includes sprayed fire resistive materials and intumescent fire-resistive coatings that are used to bring structural materials into compliance with federal, state, and local building codes. The fire-resistive coating and the testing agency must be approved by building code officials. The F f ire- R r esistive coating shall be tested in accordance with ASTM Designation E 119- 98 07 , incorporated by

reference in Subsection G.4.b

.

20. "Fire Retardant Coating": A coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by building code officials for use in bringing building and construction materials intocompliance with federal, state, and local building code requirements. The fireretardant coating shall be tested in accordance with ASTM Designation E84- 99 07

, incorporated by reference in Subsection G.4.a. The fire retardant coating and testing agency shall be approved by building code officials.

Effective January 1, 2011, the Fire Retardant coating category is eliminated and coatings with fire retardant properties will be subject to the VOC limit of their primary coating category( Flat, Nonflat, Wood, etc.)

21. "Flat Coating": A coating that is not defined does not meet the criteria listed under any other definition in this rule and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM Designation D523- 89(1999), incorporated by reference in Subsection G.4.c.

22. "Floor Coating": An opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps , garage floors, and other horizontal surfaces which may be subject to foot traffic.

24 23 . Form Release Compound": A coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal, or some material other than concrete.

25

. "Grams of VOC per Liter of Coating Less Water and Less Exempt Organic Compounds": The weight of VOC per combined volume of VOC and coating solids and can be calculated by the following equation:ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 19 Grams of VOC per Liter W s - W w - W es of Coating Less Water =

_____________ and Less Exempt Organic Compounds V m - V w - V es

Where : W s = Weight of volatile com pounds (grams)

W w = Weight of water (grams)

W es = Weight of exempt organic compounds (grams)

V m = Volume of coating material (liters)

V w = Volume of water (liters)

V es = Volume of exempt organic compounds (liters)

26

. "Grams o f VOC per Liter of Coating": The weight of VOC per volume of coating and can be calculated by the following equation:

Grams of VOC per Liter W s - W w - W es of Coating =

_____________ V m

Where: W s = Weight of volatile compoun ds (grams)

W w = Weight of water (grams)

W es = Weight of exempt organic compounds (grams)

V m = Volume of coating (liters)

27 24 . "Graphic Arts Coating (sign paint)": A coating labeled and formulated for handapplication by artists using brush , airbrush, or roller techniques to indoor and outdoor signs (excluding structural components) and murals, including lettering enamels, poster colors, copy blockers, and bulletin enamels.

28 25 . "High Temperature Coating": A high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures

above 400 o F (204 o C).

29 26 . "Industrial Maintenance Coating": A high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats

, formulated for application to substrates , including floors, exposed to one or more of the following extreme environmental conditions listed below and labeled as specified in

Subsection C.4.

a. Immersion in water, wastewater, or chemical solutions (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 to chemicals, chemical fumes, or chemical mixtures, or solutions. c. Repeated exposure to temperatures above 250 o F (121 o C). d. Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents. e. Exterior exposure of metal structures and structural components.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 20 31 27 . "Low-Solids Coating": A coating containing one pound or less of solids per gallon (0.12 kilogram or less of solids per liter) of coating material as recommended for application by the manufacturer. The VOC content for Low-Solids coatings shall be

determined in accordance with Subsection J.61.

32 28 . "Magnesite Cement Coating": A coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by

water.

33 29 . "Mastic Texture Coating": A coating labeled and formulated to cover holes and minor cracks, and to conceal surface irregularities, and is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

30. “Medium Density Fiberboard (MDF): A composite wood product, panel, molding, or other building material composed of cellulosic fibers (usually wood) made by dry forming and pressing of a resinated fiber mat.

34 31 . "Metallic Pigmented Coating": A coating that is labeled and formulated to provide a metallic appearance. Metallic Pigmented coatings must contain ing at least 0.4 pounds of elemental metallic pigment per gallon ( 48 grams of elemental metallic pigment (excluding zinc) per liter ) of coating as applied, when tested in accordance with SCAQMD Method 318-95, incorporated by reference in Subsection G.4.d. The Metallic-Pigmented Coating category does not include Roof Coatings or Zinc-Rich

Primers.

35 32 . "Multi-Color Coating": A coating that is packaged in a single container and that is

labeled and formulated to exhibit s more than one color when applied in a single coat.

36 33 . "Nonflat Coating": A coating that is not defined does not meet the criteria under any other definition in this rule and that registers a gloss of 15 or greater on an 85 degree meter and 5 or greater on a 60 degree meter according to ASTM Designation D523- 89 (1999), incorporated by reference in Subsection G.4.c.

37 34 . "Nonflat- High Gloss Coating": A coating th at registers a gloss of 70 or greater on a 60 degree meter according to ASTM Designation D523-89 (1999), incorporated by

reference in Subsection G.4.c. Nonflat-High Gloss coatings must be labeled in

accordance with Subsection C.9.

35. “Particleboard”: A composite wood product panel, molding, or other building material composed of a cellulosic material (usually wood) in the form of discrete particles, as distinguished from fibers, fl akes, or strands, that are pressed together

with resin.

36. “Pearlescent”: Exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-of-pearl.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 21 37. “Plywood”: A panel product consisting of layers of wood veneers or composite core pressed together with resin. Plywood includes panel products made by either hot or cold pressing (with resin) veneers to a platform.

38. "Nonindustrial Use": Nonindustrial use means any use of architectural coatings except in the construction or maintenance of any of the following:

a. Facilities used in the manufacturing of goods and commoditi es. b. Transportation infrastructure, includi ng highways, bridges, airports and

railroads.

c. Facilities used in mining activities including petroleum extraction.

d. Utilities infrastructure including power generation and distribution, and water

trea tment and distribution systems.

39 38 . "Post-Consumer Coating": A finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes. generated by a business or consumer that has served their intended end uses, and is recovered from or otherwise diverted from the waste stream for the purpose of recycling.

40 39 . "Pre-treatment Wash Primer": A primer which contains at least one-half percent acid, by weight, when tested in accordance with ASTM Designation D1613- 96 06

, incorporated by reference in Subsection G.4.e, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

41 40 . "Primer , Sealer, and Undercoater ": A coating labeled and formulated for one or more of the following purposes: application to a substrate to provide a firm bond between the substrate and subsequent coats. a. To provide a firm bond between the substrate and the subsequent coatings; or b. To prevent subsequent coatings from being absorbed by the substrate; or c. To prevent harm to subsequent coatings by materials in the substrate; or d. To provide a smooth surface for the subsequent application of coatings; or e. To provide a clear finish coat to seal the substrate; or f. To block materials from penetrating into or leaching out of a substrate.

41. “Reactive Penetrating Sealer”: A clear or pigmented coating that is labeled and formulated for application to above-grade concrete and masonry to provide protection from water and waterborne contaminants, including but not limited to, alkalis, acids, and salts. Reactive Penetrating Sealers must penetrate into concrete and masonry and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive Penetrating Sealers line the pores of concrete and masonry with a hydrophobic coating, but do not form a surface film. Reactive Penetrating Sealers must meet all of the following criteria:

a. The Reactive Penetrating Sealer must improve water repellency at least 80 percent after application on concrete or masonry. This performance must be verified on standardized test specimens, in accordance with one or more ofATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 22 the following standards, as incorporated by reference in Subsection G.4.t: ASTM C67-07, ASTM C97-02, or ASTM C140-06; and

b. The Reactive Penetrating Sealer must not reduce the water vapor transmission rate by more than 2 percent after application on concrete or masonry. This performance must be verified on standardized test specimens, in accordance with ASTM E96/E96M-05, incorporated by reference in Subsection G.4.t; and

c. Products labeled and formulated for vehicular traffic surface chloride screening applications must meet the performance criteria listed in the National Cooperative Highway Research Project 244 (1981), incorporated by

reference in Subsection G.4.u.

Reactive Penetrating Sealers must be labeled in accordance with Subsection C.14.

44 42 . "Recycled Coating": An architectural coating formulated such that not less than 50 percent of the total weight consists of secondary and post

- consumer coating, with not less than 10 percent of the total weight consisting of post

- consumer coati ng. it contains a minimum of 50 percent by volume post-consumer coating, with a maximum of 50 percent by volume secondary industrial materials or virgin

materials.

45 43 . "Residential": Areas where people reside or lodge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels and hotels.

46 44 . "Roof coating": A non-bituminous coating labeled and formulated exclusively for application to roofs and for the primary purpose of preventing penetration of the substrate by water, or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that qualify as metallic pigmented coatings shall not be considered to be in this category, but shall be considered to be in the metalli c pigmented coatings

category.

47 45 . "Rust Preventative Coating": A coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in Subsection C.6. to prevent the corrosion of metal surfaces for one or more of the following applications:

a. Direct-to-metal coating; or b. Coating intended for application over rusty, previously coated surfaces.

The Rust Preventative category does not include the following:

c. Coatings that are required to be applied as a topcoat over a primer; or d. Coatings that are intended for use or used on wood or any other nonmetallic

surface.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 23 Rust Preventative coatings are for metal substrates only and must be labeled as such, in accordance with the labeling requirements in Subsection C.6.

50 46 . "Secondary Industrial Materials Coating (Rework) ": A fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process. Products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose.

47. “Semitransparent Coating”: A coating that contains binders and colored pigments and is formulated to change the color of the surface, but not conceal the grain pattern

or texture.

51 48 . "Shellac": A clear or opaque coating formulated solely with the resinous secretions of the lac beetle ( Laciffer lacca ) , thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

52 49 . "Shop Application": Application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process (e.g., original equipment manufacturing coatings).

53 50 . "Solicit": To require for use or to specify, by written or oral contract.

54 51 . "Specialty Primer, Sealer and Undercoater": A coating labeled as specified in Subsection C.7 and that is formulated for application to a substrate to block watersoluble stains resulting from: fire damage, smoke damage, or water damage. Until January 1, 2012, the Specialty Primer, Sealer, and Undercoater category includes coatings formulated to seal excessively chalky surfaces. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM D 4214-98, incorporated by reference in Subsection G.4.w. seal fire, smoke or water damage; to condition excessively chalky surfaces, or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM Designation D4214

- 98, incorporated by r eference in Subsection G.4.g.

55 52 . "Stain": A clear, semitransparent

, or opaque coating labeled and formulated to change the color of a surface but not conceal the grain pattern or texture.

53. “Stone Consolidant”: A coating that is labeled and formulated for application to stone to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone Consolidants must penetrate into stone to create bonds between particles and consolidate deteriorated material. Stone Consolidants must be specified and used in accordance with ASTM E2167-01, incorporated by reference in Subsection G.4.v. Stone Consolidants are for professional use only and must be labeled as such, in accordance with the labeling requirements of Subsection C.10.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 24 56 54 . "Swimming Pool Coating": A coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals. Swimming pool coatings include coatings used for swimming pool repair and maintenance.

59 55 . "Tint Base": An architectural coating to which colorant is added after packaging in sale units to produce a desired color.

60 56 . "Traffic Marking Coating": A coating labeled and formulated for marking and striping streets, highways, or other tr affic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks, and airport runways.

57. “Tub and Tile Refinish Coating”: A clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop. Tub and Tile Refinish coatings must meet all of the following criteria:

a. The coating must have a scratch hardness of 3H or harder and a gouge hardness of 4H or harder. This must be determined on Bonderite 1000, in accordance with ASTM D3363-05, incorporated by reference in Subsection

G.4.n.

b. The coating must have a weight loss of 20 milligrams or less after 1000 cycles. This must be determined with CS-17 wheels on Bonderite 1000, in accordance with ASTM D4060-07, incorporated by reference in Subsection

G.4.o.

c. The coating must withstand 1000 hours or more of exposure with few or no #8 blisters. This must be determined on unscribed Bonderite, in accordance with ASTM D4585-99 and ASTM D714-02e1, incorporated by reference in Subsection G.4.p.

d. The coating must have an adhesion rating of 4B or better after 24 hours of recovery. This must be determined on unscribed Bonderite, in accordance with ASTM D4585-99 and ASTM D3359-02, incorporated by reference in

Subsection G.4.m.

58. “Veneer”: Thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, or other products.

59. “Virgin Materials”: Materials that contain no post-consumer coatings or secondary

industrial materials.

63 60 . "Volatile Organic Compounds (VOC)": Shall have the same meaning as Reactive Organic Compounds (ROC) as defined in Rule 2 of these rules.

61. “VOC Actual”: The weight of VOC per volume of coating and is calculated by the following equation:ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 25 VOC Actual W s - W w - W es

=

_____________ V m

Where: VOC Actual = Grams of VOC per liter of coating (also known as “Material VOC”)

W s = Weight of volatile compounds (grams)

W w = Weight of water (grams)

W es = Weight of exempt organic compounds (grams)

V m = Volume of coating (liters)

64 62 . "VOC Content": The weight of VOC per volume of coating

. , calculated according to the procedures specified in Section D. VOC content is VOC Regulatory, as defined in Subsection J.63, for all coatings except those in the Low Solids category. For coatings in the Low Solids category, the VOC content is VOC Actual, as defined in Subsection J.61. If the coating is a multi-component product, the VOC content is VOC Regulatory as mixed or catalyzed. If th e coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing.

63. "VOC Regulatory”: The weight of VOC per volume of coating, less the volume of water and exempt organic compounds, and is calculated by the following equation:

VOC Regulatory W s - W w - W es

=

_____________ V m - V w - V es

Where : VOC Regulatory = Grams of VOC per liter of coating, less water and exempt organic compounds (also know as “Coating VOC”)

W s = Weight of volatile compounds (grams)

W w = Weight of water (grams)

W es = Weight of exempt organic compounds (grams)

V m = Volume of coating material (liters)

V w = Volume of water (liters)

V es = Volume of exempt organic compounds (liters)

64. “Waterproofing Membrane”: A clear or opaque coating that is labeled and formulated for application to concrete and masonry to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the substrate. Waterproofing Membranes are intended for the following waterproofing applications: below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing Membranes must meet the following criteria:

a. Coating must be applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness; andATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 26 b. Coatings must meet or exceed the requirements contained in ASTM C836- 06, incorporated by reference in Subsection G.4.q.

The Waterproofing Membrane category does not include topcoats that are included in the Concrete/Masonry Sealer category (e.g., parking deck topcoats, pedestrian deck topcoats, etc.).

65. “Wood Coatings”: Coatings labeled and formulated for application to wood substrates only. The Wood Coatings category includes the following clear and semitransparent coatings: lacquers; varnishes; sanding sealers; penetrating oils; clear stains; wood conditioners used as undercoats; and wood sealers used as topcoats. The Wood Coatings category also includes the following opaque wood coatings: opaque lacquers; opaque sanding sealers; and opaque lacquer undercoaters. The Wood Coatings category does not include the following: clear sealers that are labeled and formulated for use on concrete or masonry; or coatings

intended for substrates other than wood.

Wood Coatings must be labeled for “For Wood Substrates Only,” in accordance with

Subsection C.11.

67 66 . "Wood Preservative": A coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered with both the U.S. EPA under Federal Insecticide, Fungicide, and Rodenticide Act (7 United States Code (USC) Section 136, et seq. ) and with the California Department of Pesticide Regulation.

67. “Wood Substrate”: A substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood products do not include items comprised of simulated wood.

68. “Zinc-Rich Primer”: A coating that meets all of the following specifications:

a. Coating contains at least 65 percent metallic zinc powder or dust by weight

of total solids. b. Coating is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent coatings. c. Coating is intended for professional use only and is labeled as such in accordance with labeling requirements in Subsection C.12.

3 69 . "Antenna Coating": A coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

4 70 . "Antifouling Coating": A coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater orga nisms. To qualify as a antifouling coating, the coating shall be registered with both the U.S.EPA under the Federal Insecticide,ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 27 Fungicide and Rodenticide Act (7 U.S.C. Section 136, et seq .) and with the California Department of Pesticide Regulation. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

11 71 . "Clear Brushing Lacquers": Clear w ood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid protective film, which are intended exclusively for application by brush, and which are labeled as specified

in Subsection C.5. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

12 72 . "Clear Wood Coatings": Clear and semi-transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent

solid film. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

2 3 73 . "Flow Coating": A coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

30 74 . "Lacquer": A clear or opaque wood coati ng, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and provide a solid protective film . Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits

42 75 . "Quick-Dry Enamel": A non-flat coating th at is labeled as specified in Subsection C.8 and that is formulated to have the following characteristics:

a. Is capable of being applied directly from the container under normal conditions, normal conditions being ambient temperatures between 60 o F (16 o C) and 80 o F (27 o C);

b. When tested in accordance with ASTM Designation D 1640-95, Standard Test Method for Drying of Organic Coatings, incorporated by reference in Subsection G.4.f, they shall sets 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; and

c. Has a dried film gloss of 70 or above on a 60 degree meter.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 28 Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

43 76 . "Quick-Dry Primer, Sealer, and Undercoater" A primer, sealer, or undercoater that is dry to the touch in one-half hour and can be recoated in 2 hours (ASTM Designation

D1640-95 , Standard Test Method for Drying of Organic Coatings, , incorporated by

reference in Subsection G.4.f. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

48 77 . "Sanding Sealer": A clear or semi-trans parent wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a lacquer is not included in this category, but is included in the lacquer category. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive

VOC Limits.

49

. "Sealer": A coating labeled and formulated for application to a substrate for one or more of the following purposes : to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the

substrate.

57 78 . "Swimming Pool Repair and Maintenance Coating": A rubber based coating labeled

and formulated to be used over existing rubber based coatings for the repair and maintenance of swimming pools. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

58 79 . "Temperature-Indicator Safety Coating": A coating labeled and formulated as a color-changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates continuously or intermittently exposed to temperatures

above 400 o F (204 o C). Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

61

. "Undercoater": A coating labeled and formulated to provide a smooth surface for subsequent coats.

62 80 . "Varnish": A clear or semi-transpa rent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 29 65 81 . "Waterproofing Sealer": A coating labe led and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most Restrictive VOC Limits.

66 82 . "Waterproofing Concrete/Masonry Sealer": A clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light and staining. Effective January 1, 2011, a coating meeting this definition will be subject to the applicable category in Subsection B.1, Table 2, except as provided in Subsection B.2, Most

Restrictive VOC Limits.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 30 Table of Standards (Specialty Coatings – Organized by Substrate) 7

SUBSTRATE SPECIALTY COATING

CATEGORY CURRENT

LIMIT 8,9 EFFECTIVE

1/1/2011 EFFECTIVE

1/1/2012
Asphalt Driveway Sealer 100 50

Concrete/Masonry Basement Specialty 400

Bond Breaker 350 Concrete Curing Compounds 350 Concrete/Masonry Sealers 350 100 Magnesite Cement 450 Mastic Texture Coating 300 100 Reactive Penetrating Sealer 350

Stone Consolidants 450 Swimming Pool 340 Waterproofing Membrane 400 250

Floor Floor Coatings 250 100

Metal Pre-Treatment Wash Primer 420

Rust Preventative 400 250

Roof Aluminum Roof Coating 500 400 Bituminous Roof Coating 300 50

Bituminous Roof Primer 350 Roof Coatings 250 50

Wood Wood Coatings 680 275

Wood Preservatives 350

Various Substrates Dry Fog Coating 400 150 Faux Finishing 350

Fire Resistive 350 Form Release Compound 250 Graphic Arts Coatings 500 High Temperature 420

Industrial Maintenance 250 Low-Solids Coating 120 Metallic Pigmented 500

Multi-Color 250 Primers, Sealers &

Undercoaters 200 100

7 Table of Standards Organized by Substrate is for illustrative purposes only, and does not in any way modify the definitions of coating categories in Section J.

8 The specified limits remain in effect unless revised limits are listed in subsequent columns in the table.

9 Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams VOC per liter.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 31 Table of Standards (Specialty Coatings – Organized by Substrate- continued) 10

SUBSTRATE SPECIALTY COATING

CATEGORY CURRENT

LIMIT 11,12 EFFECTIVE

1/1/2011 EFFECTIV

E

1/1/2012 Recycled Coatings 250

Shellac –Clear 730 Shellac – Opaque 550 Specialty Primers Sealers &

Undercoaters 350 100

Stains 250 Traffic Marking 150 100 Tub & Tile Refinishing 420

Zinc-Rich Primers 500 340

APPENDIX A

AVERAGING PROVISION

AA. Averaging Provsion

AA.1 The manufacturer shall demonstrate that the act ual emissions from the coatings be ing averaged are less than or equal to the allowable emissions, for the speci fied compliance period using the following the equation:

n n

Σ G i M i ≤ Σ G i V i L i i=1 i=1

Where:

∑ = n

1 = i Emissions Actual GiMi

∑ = n

1 = i Emissions Allowable GiViLi

G i = Total Gallons of Product(i) subject to averaging

M i = Material VOC content of Product(i) as pounds per gallon

M i = W S - W W - W ES V M V i = Percent by Volume Solids and VOC in Product(i)

V i = V

m – V

w - V

es V

m Where: W S , W W , W ES , V M , V W , and V ES are defined in Subsection J.25 except that in this Appendix, weight are in pounds and volumes are in gallons.

For Non

- Zero VOC Coatings use:

W S - W W - W ES V i = Material VOC = V M = (VOC ACTUAL )

10 Table of Standards Organized by Substrate is for illustrative purposes only, and does not in any way modify the definitions of coating categories in Section J.

11 The specified limits remain in effect unless revised limits are listed in subsequent columns in the table.

12 Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams VOC per liter.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 32 Coating VOC W S - W W - W ES (VOC REGULATORY )

V M - V W - V ES

For Zero VOC Coatings use: V i = percent solids by volume

L i = Regulatory VOC Content Limit for Product(i), as pounds per gallon as listed in the Table of

Standards in Subsection B.1 of Rule 74.2

The averaging is limite d to coatings that are designated by the manufacturer. Any coating not designated in the averaging Program shall comply with the VOC limit in the Table of Standards in Subsection B.1

of Rule 74.2. The manufacturer shall not include any quantity of coatin gs that it knows or should have known will not be used in California, if statewide coatings data are used. If district

- specific coating data are used, the manufacturer shall not include any quantity of coatings that it knows or

should have known will not be used in the district.

In addition to the requirements specified in Subsection AA.1, manufacturers shall not include in an Averaging Program any coating with a VOC content in excess of the followi ng maximum VOC content, for the applicable categories:

AVERAGING CATEGORIES AND VOC CE ILING (MAXIMUM VOC ALLOWED)

CATEGORY DISTRICT RULE VOC

LIMIT 13

(g/l) AVERAGING VOC CEILING (g/l)

Flat Coating 100 250 Nonflat Coating 150 250 Floor Coatings 250 400

Industrial Maintenance 250 420
Primers, Sealers & Under coaters 200 350 Quick

- Dry Primers, Sealers and

Undercoaters 200 450

Quick

- Dry Enamels 250 400 Roof Coatings 250 300 Bituminous Roof Coatings 300 300 Rust Preventative Coatings 400 400

Stains 250 350 Waterproofing Sealers 250 400

AA.2. Averaging Pr ogram (Program)

At least 6 months prior to the start of the complia nce period, manufacturers using the averaging compliance option shall submit an Averaging Program to the Executive Officer of the ARB. As used in this

Appendix A, “Executive Officer” mea ns the Executive Officer of the Air Resources Board. Averaging may not be implemented until the Program is approved in writing by the Executive

Officer.

Within 45 days of submittal of a complete Program, the ARB Executive Officer shall either approve or disapprove the Program. The program applicant and the executive officer may agree to an extension

of time for the Executive Officer to take action on the program.

AA.3. General Requirements

13 Except for industrial maintenance coatings, all these district rule VOC limits are effective January 1, 2003. The effective date for industrial maintenance coatings is January 1, 2004.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 33 The Program shall include all necessary information for the E xecutive Officer to make a determination as to whether the manufacturer may comp ly with the averaging requireme nts over the specified compliance period in an enforceable manner. Such informati on shall include, but is not limited to, the following:

a. An identification of the contact persons, telephone numbers, and name of the manufacturer who is submitting the Program.

b. An identification of each coating th at has been selected by the ma nufacturer for inclusion in this Program that exceeds the applicab le VOC limit in the Table of Standards in Section B.1 of Rule 74.2, and its VOC content specified in units of both VOC actual and VOC regulatory, and the designation of the coating category

c. A detailed demonstration showing that the projected actual em issions will not exceed allowable emissions for a single compliance period that the program will be in effect. In addition, the

demonstration shall include VOC content informati on for each coating that is below the compliance

limit in the Table of Standar ds in Subsection B.1 of Rule 74.2. The demonstration shall use the equation specified in Subsection AA.1 of this Appendix for projecting the actual emissions and allowable emissions during each compliance period. The demonstration shall also include all VOC

content levels and projected volume sold within the State for each coating listed in the Program during each compliance period. The requested data may be submitted in a matrix form.

d. A specification of the compliance period(s) and applicable repor ting dates. The length of the compliance period shall not be more than one year or less than six months.

e. An identification and description of all records to be available to the Executive Officer upon request,

if different than t hose records required u nder Appendix A, Subsection AA.3.f

f. An identification and description of specific records to be used in calculating emissions for the Program and subsequent reporting, and a detailed explanation as to how those records will be used by

the manufacturer to verify compliance with averaging requirements.

g. A statement, signed by a responsible party for the manufacturer, that all information submitted is true and correct, and that records will be made av ailable to the ARB Executive Officer upon request.

AA.4 REPORTING REQUIREMEN TS

AA.4.1 For every single compliance period, the manufacturer shall submit a mid

- term report listing all coatings subject to averaging during the first half of the compliance period, detailed analysis of the

actual and allowab le emissions at the end of the mid

- term, and an explanation as to how the manufacturer intends to achieve compliance by the end of the compliance period. The report shall be

signed by the responsible party for the manufacturer, attesting that all informat ion submitted is true

and correct. The mid

- term report shall be submitted within 45 days 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.

AA.4.2 Within 60 days after the end of the compliance period or upon termination of the Program, whichever is sooner, the manufacturer shall submit to the Executive Officer a report listing all coatings subject to

averaging during the compliance period, providing a detailed demonstration of the balance between the actual and allowable emissions for the compliance period, any identification and description of specific records used by the manufacturer to veri fy compliance with the averaging requirement, and

any othe r information requested by the Executive Offi cer to determine whether the manufacturer complied with the averaging requirements over the sp ecified compliance period. The report shall be signed by the responsible party for the manufacturer, attesting that all information submitted is true and correct, and that records will be made av ailable to the Executive Officer upon request. A manufacturer may request, in writing, an extension of up to 30 days for submittal of the final report.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 34 AA.5 RENEWAL OF A PROGR AM

A Program automatically expires at the end of the complian ce period. The manufacturer may request a renewal of the Program by submitting a renewal request that shall include an updated Program, meeting all applicable Program requirements. The renewal request will be consider ed 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 aver aging requirements. The

Exec utive Officer shall base such determination on all available information, including but not limited to, the mid

- term and the final reports of the precedi ng 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.

AA.6 PROGRAM MODIFICATION

A manufacturer may request a modification of the Program at any time prior to the end of the compliance period. The ARB Executive Officer shall take action to approve or disapprove the modification request no longer than 45 days from th e date of its submittal. No modi fication of the compliance

period shall be allowed. A Program need not be modified to specify additional coatings to be averaged that are below the applicable VOC limit.

AA.7 PROGRAM TERMINATION

AA.7.a A manufacturer may terminate its Program at any ti me by filing a written notification to the ARB Executive Officer. The filing date shall be considered the effective date of termination, and all other provisions of this Rule including the VOC limits shall immediately thereafter apply. The

manufacturer s hall also submit a final report no later than 60 days after the termination date. Any

exceedance of the actual emissions over the allowabl e emissions over the period that the program was in effect shall constitute a separa te violation for each day of the entire compliance period.

AA.7.b The Executive Officer may termin ate a Program if any of the following circumstances occur:

1). The manufacturer violates the requirements of the approved Program, and at the end of the compliance period,

the actual emiss ions exceed the allowable emissions.

2). The manufacturer demonstrates a recurring pattern of vi olations and has consistently failed to take the

necessary steps to corr ect those violations.

AA.8. CHANGE IN VOC LIMITS If the VOC limits of a coating liste d in the Program are amended such that its effective date is less than one year from the date of adoption, the affected manufact urer may base its averaging on the prior limits of that coating until the end of the compliance period immediately following the date of adoption.

AA.9. LABELING Each container of any coating that is included in th e averaging program, and that exceeds the applicable limit in the Table of Standards in Subsection B.1 of Rule 74.2 shall display the following statement: "This product is subject to architectural co atings averaging provisions in California." A symbol specified by the ARB Executive Officer may be used as a substitute.

AA.10. VIOLATIONS

The exceedance of the allowable emissions for any compliance period shall constitut e a separate violation for each day of the compliance period. However, any violation of the require ments of the Averaging Provisions of this rule, which the violator can demonstrate to the ARB Executive Officer, did not

cause or allow the emission of an a ir contaminant and was not the result of negligent or knowing activity may be considered a minor violation.ATTACHMENT 3

01/02 November 25, 2009 Draft Rule 74.2 : 35 AA.11. SUNSET OF AVERAGING PROVISION The averaging provisions set forth in Appendix A shall cease to be effec tive on January 1, 2005, after which averaging will no longer be allowed.