UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX AIR DIVISION 

Technical Support Document 

For 

EPA’s Notice of Direct Final Rulemaking for the 

California State Implementation Plan 

Monterey Bay Unified Air Pollution Control District Rule 426, 

Architectural Coatings 

Prepared by Nicole Law 

July 2013 
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Agency: Monterey Bay Unified Air Pollution Control District (MBUAPCD) 

SIP Approved Rule: Rule 426, Architectural Coatings, amended April 17, 2002, 

submitted June 18, 2002, EPA limited approval on January 2, 2004 (69 FR 34). 

Superseded Submittals: There are no superseded submittals. 

Subject of this TSD: Rule 426, Architectural Coatings, amended August 15, 2012, 

submitted April 22, 2013.

Rule Summary 

MBUAPCD Rule 426 controls volatile organic compound (VOC) emissions from 

architectural coatings by establishing VOC limits on architectural coatings manufactured, 

distributed and used in the district. 

Changes from the SIP Approved Rule 

Changes to the SIP approved version of Rule 426 include the following: 

· Section 1.2 Applicability was revised to include persons who blend or repackage 

architectural coatings for use in the district. 

· Section 1.3.1 was edited to exempt architectural coatings supplied and offered for 

sale outside of the district for shipment to other manufacturers for reformulation 

or repackaging. 

· Section 1.3.2 was edited to require reporting requirements for coatings sold in 

small containers. 

· Section 1.4 Effective Dates was edited to update the effective date to August 15, 

2012. 

· Several new terms were added to Part 2 Definitions. The terms are: Aluminum 

Roof Coating, Basement Specialty Coating, Concrete/Masonry Sealer, Driveway 

Sealer, Manufacturer’s Maximum Thinning Recommendation, Medium Density 

Fiberboard, Particleboard, Pearlescent, Plywood, Primer, Sealer, and Undercoater, 

Reactive Penetrating Sealer, Semitransparent Coating, Stone Consolidant, Tub 

and Tile Refinish Coating, Veneer, Virgin Materials, VOC Actual, VOC 

Regulatory, Waterproofing Membrane, Wood Coatings, Wood Substrate, and 

Zinc-Rich Primer. 

· Several definitions were revised in Part 2 Definitions. The terms are: Bituminous 

Roof Primer, Concrete Curing Compound, Exempt Compounds, Faux Finishing 

Coating, Fire Resistive Coating, Graphic Arts Coatings or Sign Paint, Industrial 

Maintenance Coating, Low Solids Coating, Metallic Pigmented Coating, MultiColor Coating, Nonflat-High Gloss Coating, Post-Consumer Coating, Recycled 

Coating, Residential, Roof Coating, Rust Preventative Coating, Secondary 

Industrial Materials, Shellac, Specialty Primer, Sealer, and Undercoater, Stain, 

Swimming Pool Coating, and VOC Coating. 
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· Some terms were deleted from Part 2 Definitions. The terms are: Antenna 

Coating, Clear Brushing Lacquers, Clear Wood Coatings, Fire Retardant Coating, 

Flow Coating, Lacquer, Nonindustrial Use, Primer, Quick Dry Enamel, Quick 

Dry Primer, and Sealer, and Undercoater, Sanding Sealer, Sealer, Swimming Pool 

Repair and Maintenance Coating, Temperature Indicator Safety Coating, 

Undercoater, Varnish, Waterproofing Sealer, and Waterproofing 

Concrete/Masonry Sealer. 

· Part 3 Requirements and Standards was revised. 

o In section 3.1, the Table of Standards was replaced with Table 1 VOC 

Content for Architectural Coatings, which has lower limits for several of 

the architectural coating categories. Several coating categories have also 

been removed, while others have been added. 

o In section 3.2, the Most Restrictive VOC Limit section has been replaced 

with updated language regarding the new categories which were created. 

o In section 3.3 the sell through dates have been updated to reflect new 

effective dates and to identify new coating categories. 

o Former sections 3.6 Rust Preventative Coatings, 3.8 Industrial 

Maintenance Coatings, 3.9 Lacquers, and 3.10 Averaging Compliance 

Option have been deleted. The definition for Rust Preventative Coatings 

has changed and this section is no longer applicable. The Industrial 

Maintenance Coatings definition has also changed and the VOC limit for 

the category is lower than what is allowed in the former section 3.8. The 

category of Lacquers no longer exists as these types of coatings fall under 

another category. The Averaging Compliance option expired in 2005 and 

is now removed from the rule. 

· Part 4 Administrative Requirements was revised. 

o Section 4.1.3 was revised to list several requirements regarding VOC 

content labeling, calculating, and thinning. 

o Section 4.1.4 Faux Finishing Coatings was added, requiring specific 

labeling requirements for this category. 

o Former sections 4.1.4 Industrial Maintenance Coatings, 4.1.5 Clear 

Brushing Lacquers, 4.1.7 Specialty Primers, Sealers, and Undercoaters, 

and 4.1.8 Quick Dry Enamels were removed. The clear brushing lacquers 

and quick dry enamels have been reclassified into other categories. The 

Special Primers, Sealers, and Undercoaters category has a significantly 

lowered VOC content limit and the specified labeling is no longer 

required. 

o Sections 4.1.6 Reactive Penetrating Sealers and 4.1.8 Wood Coatings have 

been added to require labeling on those types of coating categories. 

· Part 5 Reporting Requirements was revised. All reporting requirements for the 

specific categories were removed and replaced with a more general section 

describing the reporting requirements for sales data. This new section includes 

several pieces of information which should be included in the case that ARB 

requests this information. 

· Part 6 Compliance Provisions and Test methods was revised. 
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o Language was added to section 6.1 Calculation of VOC Content 

describing how VOC Content should account for thinning. 

o Former sections 6.1.1and 6.1.2 were deleted since calculations are shown 

in Part 2 Definitions for VOC Actual and VOC Regulatory. 

o Section 6.2 VOC Content of Coatings was revised to include the most 

recent test methods. 

o Section 6.5 Test Methods was revised to update several test method 

numbers and dates to be consistent with CARB’s 2007 SCM. A few older 

test methods were also removed, while newer ones were added to a 

address the new coating categories. 

· Appendix A: Averaging Provision was deleted from the rule since the provision 

expired on January 2005. 

EPA Evaluation 

The following criteria were used to evaluate the submitted rule. 

1. Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, 

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

(Guidance Document for Correcting Common VOC & Other Rule Deficiencies, 

EPA Region 9, August 21, 2001) were used to help evaluate compliance with the 

CAA §110(a)(2)(A) requirement for enforceability. 

2. Rule stringency – EPA’s National Volatile Organic Compound Emission Standard 

for Architectural Coatings (40 CFR Part 59 Subpart D), CARB’s Suggested 

Control Measures for Architectural Coatings (October 26, 2007), and other state 

and local rules for this category were used to help evaluate the rule stringency. 

3. SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that 

would interfere with any applicable requirement concerning attainment and 

reasonable further progress (RFP) or any other applicable requirement of the CAA. 

In addition, CAA §193 prohibits the modification of any SIP-approved control 

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

The submitted rule has VOC limits more stringent than EPA’s rule for architectural 

coatings, VOC limits just as stringent as CARB’s most recent 2007 Suggested Control 

Measure, and VOC limits just as stringent as other California District rules for this 

category. The labeling, test methods, and other requirements generally ensure that the 

submitted rule can be enforced. Lastly, the submitted rule is more stringent than the 

version previously approved into the SIP, so the submitted rule does not relax the SIP and 

complies with Section 110(l) and Section 193. 

Rule Evaluation Discussion 

EPA’s last action on MBUAPCD Rule 426 was a limited approval/limited disapproval of 

the rule on January 2, 2004. In the TSD for that action, EPA found deficiencies with the 

rule’s averaging compliance option. The submitted Rule 426 has completely removed the 
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averaging provision and there are no other deficiencies to cause any action less than a full 

approval. 

Lastly, the submitted Rule 426 makes changes recommended in EPA’s April 4, 2012 

comment letter to the District. The two recommendations the District did not follow were 

a request to change the format of the rule by putting the District name on the rule and a 

request to add a severability section. 

Additional Recommendations for the Next Rule Revision 

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

recommended for the next time the rule is amended. 

1. A typographical error in section 2.51.1 can be corrected. “penetration or water” 

should be “penetration of water.” 

2. Consider addressing colorants which are added at the point of sale. South Coast 

Air Quality Management District Rule 1113 Architectural Coatings section (c)(2) 

requirements and Table of Standards 2 sets VOC limits for colorants added to 

coatings at the point of sale. 

EPA Action

EPA staff recommends full approval of Rule 426 pursuant to §110(k)(3) of the CAA, and 

its inclusion in the California SIP for the Monterey Bay Unified Air Pollution Control 

District.

References

1. MBUAPCD Rule 426, Architectural Coatings, as submitted on April 22, 2013. 

2. MBUAPCD Rule 426, Architectural Coatings, as approved into the SIP on 

January 2, 2004. 

3. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” 

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

4. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” 

(a.k.a., Little Bluebook), EPA Region 9, August 21, 2001. 

5. “Suggested Control Measure for Architectural Coatings,” CARB, October 2007. 

http://www.arb.ca.gov/coatings/arch/Approved_2007_SCM.pdf