RULE 67.0. ARCHITECTURAL COATING S (Effective 11/30/77: Rev. Adopted & Effective 12/12/01)

(a) APPLICABILITY

(1) Except as provided in Section (b), th is rule is applicable to any person who

m a nufactures, supplies, sells, offers for sale, applies, or solicits the application of any architectural coating for use within S a n Diego County.

(2) Rule 66 shall not apply to a ny coatin g subjec t to this ru le.

(b) EXEMP T IONS

(1) This rule sh all no t apply to:

(i) Any archite c tura l coa tin g that is so ld or m a nufactured for use outside of San Diego County or for shipm e nt to ot her m a nufacturers for reform ulation or repackag ing

.

(ii) Any aerosol coating product.

(iii) Any archite c tura l coa tin g that is so ld in a container with a volum e of one

l i t e r ( 1

. 0 5 7 q u a r t ) o r l e s s

.

(iv) Em ulsion-type bitum i nous pave m e nt sealers applied to roads.

(2) The provisions of Subsection (d)(1) sha ll not apply to lacquers applied on days

with relative hum i dity greater than 70 per cent and tem p eratures below 65°F. On such days, up to ten percent by volum e of VOC may be added to a lacquer, to avoid blushing of the finish, p r ovided that the lacquer contains acetone and no more than 5 50 gram s of VOC per liter of lacquer, less wate r and exem pt com p ounds, prior to the addition of VOC.

(c) DEFINITI ONS

(1) “ Adhesive ” m eans any chem ical substance th at is applied for the purpose of bonding two surfaces tog e ther o t her than by m echanical m eans.

(2) “ Aerosol Coating Product ” m eans a pressurized coating product containing pigm ents or resins that dispenses product ingredients by m eans of a propellant, and is packaged in a disposab le can either f o r ha nd-held application or use in specialized equipm ent for ground traffic/m a rking applications.

(3) “ Antenna Coating ” m eans a coating labeled and for m ulated e x clusiv ely for application to equipm ent and associated structur al appurtenances that ar e used to receive or

transm it ele c trom agnetic signa ls.

SDAPCD Regulation IV -1- Rule 67.0

12/14/ 01(4) “ Antifoulin g Coating ” m eans a coating labeled and for m ulated for application

to subm erged stationary structures and th eir appurtenances to prevent or reduce the

attachm e nt of m a rine or freshwater biologi cal organism s. To qua lif y as an antif oulin g coating, the coating m u st be registered w ith both the U.S. Environm ental Protection Agency (EPA) under the Federal, Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136, et seq.) and with the Californ ia Departm e nt of Pe sticide Regulation.

(5) “ Appurtenance ” m eans any acces sory to a statio nary structu r e coated at the site of installation, whether installed or deta ched, including but not lim ited to: bathroom and kitchen fixtures; cabinets; concrete form s; doors; elev ators; fences; hand railings; heating equipm ent, air c ondition i ng equipm ent, and other f i x e d m echanical equipm ent or stationary to ols; lam pposts; partition s ; pipe s and p i ping sys t ems; rain gutters and downspouts; stairways, fixed ladders, catwalks, and fire escapes; and window screens.

(6) “ Architectu ral Coating ” m eans coating to b e ap plie d to stationary structures and/or their appurtenances at the site of installation (sta tionary source), to portable buildings including m obile hom es, at the site of installation, to pavem e nt, or to curbs. Coatings applied in off-site shop applications or to non-sta tionary structures such as airplanes, ships, boa ts, ra ilca r s, and a u tom obiles, a nd adhesives are not considered architectural coatings for the purposes of this rule.

(7) “ Bitumens ” m eans black or brown m a teri als including, but not lim ited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disu lfide, consisting m a inly of hydrocarbons, and obtained from natural deposit s or as residues from the distillation of crude petroleum or coal.

(8) “ Bituminou s Roof Coating ” m eans a coating which inco rporates b itum e ns that

is labeled and for m ulated exclusively for roofing.

(9) “ Bituminou s Roof Primer ” m eans a prim er which incorporates bitum e ns that

is labeled and for m ulated exclusively for roofing.

(10) “ Bond Brea ker ” m eans a coating lab e led and formulated for application between layers of concrete to prevent a fr eshly-poured top layer of concrete from bonding to the layer over which it is poured.

(11) “ Clear Brushing Lacquers ” m ean clear wood finishes, excluding clear lacquer sanding sealers, form ulated with nitrocellulose or syntheti c resins to dry by solvent evaporation without chem ical reaction and to provide a so lid , protective f ilm , which are intended exclusively for application by brus h, and which are labeled as specified in Subsection (e)(1)(v).

(12) “ Clear Wood Coatings ” m ean clear and sem i -trans parent coatings, including lacquers and varnishes, applied to wood substr ates to provide a tran sparent or translucent

solid f ilm

.

Regulation I V -2- Rule 67.0(13) “ Coating ” m eans a m a t e rial applied onto or im pregnated into a substrate for protective, decorative, or func tional purposes. Such m a teri als include, but are not lim ited to, paints, varnishes, sealers, and stains.

(14) “ Colorant ” m eans a concentrated p i gm ent dispersion in wa ter, solven t and/or

binder that is added to an architectural coati ng af ter packaging in sale units to produce the

desired color.

(15) “ Concrete Curing Compound ” means a coating labeled and for m ulated for application to freshly poured concrete to re tard th e evapora tio n of water.

(16) “ Dry Fog Coating ” m eans a coating labeled a nd for m ulated only for spray application such that overspray droplets dry before subsequent cont a c t with inciden t al

surfaces in the vicin ity o f the surface coating activity.

(17) “ Exempt Compound ” m eans the sam e as define d in Rule 2.

(18) “ Faux Finishing Coating ” m eans a coating labeled and formulated as a s t ain o r glaze to create artis tic effects includ in g, but not lim ited to, dirt, ol d age, s m oke dam a ge, and sim u lated m a rble and wood grain.

(19) “ Fire-Res i stive Coating ” m eans an opaque coating labeled and for m ulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and

other structural m a terials, and that has been fire tested and rated by a testing agency approved by building code officials for use in bringing assem b lies of structural m a terials

into com p lia nce with f e d e ral, s t a t e, a nd lo cal building code requirem e nts. The fireresis tiv e coating and the testing agen cy m u st be approved by build ing cod e o f f i c i a l s

.

(20) “ Fire-Retardant Coating ” m eans a coating labeled a nd formulated to retard ignition and flam e spread, and that has been fire tested and rated by a testing agency approved by building code officials for use in bringing building and construction m a terials

into com p lia nce with f e d e ral, s t a t e, a nd lo cal building code requirem e nts. The firereta rdant co ating and th e tes ting age n cy m u st be approved by building code officials.

(21) “ Flat Coating ” m eans a coating that is not de fin e d under an y other defin ition in this rule and that registers a gloss of less th an 15 on an 85° meter, or less than 5 on a 60°

me t e r

.

(22) “ Floor Coating ” m eans an opaque coating that is labeled and for m ulated for application to flooring, includi ng, but not lim ited to, decks, porches, steps, and other

horizon tal s u rfaces which m a y be subject to foot traffic.

(23) “ Flow Coat ing (Electrical Transformers) ” m eans a coatin g labeled an d

for m ulated exclusively for use by electric pow er com p anies or the i r subco n trac tors to

m a intain the protec tive c o ating sys t e m s present on utility transfor m e r units.

Regulation I V -3- Rule 67.0(24) “ Form-Rele a se Compound ” m eans a coating labeled and fo rm ulated for application to a concrete for m to prevent the freshly-poured concre te from bonding to the

for m . The form m a y consist of wood, m e tal, or som e m a terial ot her than concrete.

(25) “ Graphic A r ts Coating or Sign Paint ” m eans a coating labe led and

for m ulated for hand application by artists usi ng brush or roller techniques to indoor and outdoor signs (excluding struct ural com ponents) and m u rals including lettering enam e l s, poster colors, copy blockers, and bulletin enam els.

(26) “ High-Temperature Coating ” m eans a high perform a nce coating labeled and

for m ulated for applicatio n to substrates exposed continuous ly or interm ittently to

tem p eratures above 400°F (204°C).

(27) “ Industrial Maintenance Coating ” m eans a high perform a nce arch itectu r al coating, including prim ers, sealers, undercoa ters, interm ediate coats, and topcoats,

for m ulated for application to substrates expos ed to one or m o re of the following extrem e environm ental conditions and labeled as specified in Subsection (e)(1)(iv):

(i) Imm e rsion in water, wastewater, or chem ical solutions (aqueous and nonaqueous solutions), o r chronic expo sure of interior surfaces to m o isture condensation;

(ii) Acute or chronic exposure to corro sive, caustic, or acidic agents, or to

chem icals, chem ical fumes, or chem ical m i xtures or solutions ;

(iii) Repeated exposure to te mperatures above 250°F (121°C);

(iv) Repeated (frequent) heavy abrasi on, including mechanical w e ar and repeated (frequent) scrubbing w ith ind u strial so lve n ts, clean sers, or scouring agents; or

(v) Exterior exposure of m e t a l st ructures and structural com ponents.

(28) “ Lacquer ” m eans a clear or opaque wood co ating, including clear lacquer sanding sealers, form ulated with cellulosic or synthetic resins to dry by evaporation

without chem ical reaction and to provide a so lid , protective f ilm

.

(29) “ Low

- Solids Coating ” m eans a coating that cont ains one pound or less of solids per gallon (120 gram s or less of so lids per liter) of coating m a terial.

(30) “ Magnesite Cement Coating ” m eans a coating labeled and f o rm ulated for application to m a gnesite cem ent decking to pr otect the m a gnesite cem e nt substrate from erosion by water.

(31) “ Manufacturer’s Max i mum Thinning Recommendation ” m eans the

m a xi m u m recommended thinning ratio that is in dicated on the label or lid of the coating

container.

Regulation I V -4- Rule 67.0(32) “ Mastic Texture Coating ” m eans a coating labeled and formulated to cover

holes and m i nor cracks and to conceal surface ir regularities, and is applied in a sing le c o at of at least 0.010 inch (10 m ils) dry film thickness.

(33) “ Meta llic Pigmented Coating ” m eans a coating containing at least 0.4 pounds

of elem ental m e tallic pigm ent per gallon (48 gr a m s of elem ental m e tallic pigm ent per liter) of coating as applied.

(34) “ Mult i-Color Coating ” m eans a co ating that is pa ckaged in a single container

and exhibits more than one color when applied in a single coat.

(35) “ Nonflat Coating ” m eans a coating that is not defined under any other

def i nition in this ru le, an d that registers a gloss of 15 or gr eater on an 85° m e ter or 5 or greater on a 60° m e ter.

(36) “ Nonflat- High Gloss Co ating ” m eans a nonflat coating th at registers a gloss of

70 or above on a 60° m e t e r.

(37) “ Non-Industrial Use ” means any use of architectur al co ating s except in the

construction or m a intenance of any of the followi ng: facilities used in the m a nufacturing of goods and comm odities; transpo r tation infras tru c ture, includ ing highways, bridges, airports, and railroads ; facil ities used in m i ning activitie s, including petroleum extraction;

and utilities infrastructure , including power generation and distribution, and water

treatm ent and distribution system s.

(38) “ Post-Consumer Coating ” m eans a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consum er. Post-consum er coating does not include m a nufacturing wastes.

(39) “ Pre-Treatment Wash Primer ” m e ans a prim er that con t ain s a m i ni m u m of 0.5 percent acid, by weight, and is labeled and form ulated for a pplication directly to bare

m e tal surfaces to prov id e corros i on resistance an d to prom ote adhesion of subsequent

topcoats.

(40) “ Primer ” means a coating labeled and for m ulat ed for application to a substrate to provide a firm bond between the s ubstrate and subsequent coats.

(41) “ Quic k-Dry Enamel ” means a nonflat coating that is labeled as specified in Subsection (e)(1)(viii) and that is f o r

m ulated to h a ve the f o llo wing charac ter i stics:

(i) Capable of being applied direc tly from the container under norm al

conditions at am bient temperatures between 60 and 80°F (16 and 27°C);

(ii) When tested in acco rdan ce with ASTM Designation D 1640-95, sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the m echanical test m e thod; and

(iii) Has a dried film gloss of 70 or above on a 60° m e ter.

Regulation I V -5- Rule 67.0(42) “ Quick-Dry Primer, Sealer, and Undercoater ” m eans a prim er, sealer, or undercoater that is dry to th e touch in 30 m i nutes and can be recoated in two hours.

(43) “ Recycled Coating ” means an arch itectural coating form ulated such that not less than 50 percent of the total weight consists of s econdary and post-consum er coating, with not less than ten percent of the total weight consisting of pos t-consum er coating.

(44) “ Roof Coating ” m eans a non-bitum i nous coating labeled and for m ulated exclusively for application to roofs for the pr im ary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation. Roof coatings, which qualify

as m e tallic p i gm ented coating sh all n o t be cons id ered to b e in this c a tego r y, but shall be

consider ed to be in the m e tallic pig m ented coating category

.

(45) “ Rust Preventative Coating ” m eans a coating form ulated for non-industrial

use to prev ent the co rros i on of m e tal surfaces and labeled as s p ecified in S ubsection (e)(1 )(v i).

(46) “ Sanding Sealer ” m eans a clear or sem i -transpa rent wood coating labeled and

for m ulated for application to bare wood to seal the wood and to provide a coat that can be

abraded to create a sm ooth surface fo r subse quen t application s of coatings. A sanding

sealer that also m eets the definition o f a l acquer is not included in this category, but is included in the lacquer category.

(47) “ Sealer ” m eans a coatin g labeled an d for m ulat e d f

o r applica tion to a sub s tra t e for either of the following purposes: to preven t subsequent coatings from being absorbed by the substrate or to prevent harm to subseque nt coatings by m a terial s in the substrate.

(48) “ Secondary Coating (Rew ork) ” m e ans the fragm e nt of a finished coating or the finished coating from a m a nufa c turing pr ocess that has converted resources into a commodity of real econom i c value, but does not include excess virg in resources of the

m a nufacturing process.

(49) “ Shellac ” m eans a clear or opaque coating form ulated solely with the resinous

secretions of the lac beetle ( Laccifer lacca ), thinned with alcohol, and formulated to dry by evaporation without a chem ical reaction.

(50) “ Shop Appl ication ” m e ans application of a coating to a product or a

com ponent of a product in or on the prem ises of a factory or a shop as part of a

m a nufacturing, production, or repairing proces s (e.g., original equipm ent m a nufacturing coating s ).

(51) “ Solic it ” m eans to requ ire for use or to sp ecify, by written or oral contract.

(52) “ Specialty Primer, Sea l er, and Undercoater ” m eans a coating th at is labeled as specified in Subsectio n (e)(1 )(vii) and for m ulated for appli cation to a s ubstra t e to s e al fire, sm oke, or water d a m a ge; to condition exce ssively chalky surfaces, or to blo c k s t ains.

An excessiv e ly chalky s u rface is one that is defin e d as having a chalk rating of four or less.

Regulation I V -6- Rule 67.0(53) “ Stain ” m eans a clear, sem itransparent, or opaqu e coating lab e led and

for m ulated to change the color of a s u rface but n o t conceal th e grain p a ttern or tex t ure

.

(54) “ Sw imming Pool Coating ” m eans a coating labeled a nd formulated to coat the

interior of swi m m i ng pools and to resist swimm i ng pool chem icals.

(55) “ Sw imming Pool Repair and Maintenance Coating ” m eans a rubber-based coating labeled and formulated to be used over existing rubber-ba sed coatings for the repair and maintenance of swi m m i ng pools.

(56) “ Temperature-Indicator Safety C oating ” m eans a coating labeled and

for m ulated as a color-changing indicator coating f o r the purpose of m onitoring the

tem p erature and safety of the substrate, underlying piping, or unde rlying equipm ent, and for application to substrates exposed continuous ly or interm ittently to temperatu r es ab ove 400°F (204°C).

(57) “ Tint Base ” m eans an architectural coating to which colorant is added after packaging to produce a desired color.

(58) “ Traffic Marking Coa t ing ” m eans a coating labeled and fo rm ulated for

m a rking and stripping streets, highways, or ot her traffic surfaces including, but not lim ited to, curbs, berm s, driveways, parking lo ts, sidewalks, and airport runways.

(59) “ Undercoater ” m eans a coating labeled and formulated to provide a sm ooth

surface for s ubsequent coats.

(60) “ Varnish ” m eans a clear or sem i -transpare nt wood coating, excluding lacquers and shellacs, for m ulated to dry by chem ical reaction on exposure to air. V a rnishes m a y contain sm all am ounts of pigm ent to color a surf ace, or to control the final sheen or gloss

of the finish.

(61) “ Volatile Organic Compound (VOC) ” m eans the sam e as defined in Rule 2.

(62) “ VOC Content Per Volume of Coating, Less Water and Exempt Compounds ” m eans the sam e as defined in Rule 2 and calcu lated as sp ecified in Subsection (e)(2).

(63) “ VOC Content Per Volume of Material ” m eans the sam e as defined in Rule 2 and calculated as speci fied in Subsection (e)(2).

(64) “ Waterpro ofing Concrete/Masonry Sealer ” m eans a clear or pigm ented film

for m ing coating that is labeled and f o rm ulated for sealing concrete and m a sonry to provide resistance against water, alkalis, ac ids, ultraviolet li ght, and staining.

(65) “ Waterproofing Sealer ” m eans a coating labeled and formulated for application to a porous substrate for the prim ary purpose of preventi ng the penetration of

water.

Regulation I V -7- Rule 67.0(66) “ Wood Preservative ” m eans a coating labeled and for m ulated to p r otect exposed wood from decay or insect attack, that is registered with both th e U.S. EPA under the Federal Insecticide, F ungicide, and Roden ticide Act (7 United States Code Section 136,

et seq. ) and with the California Depart m e nt of Pe sticide Regulation.

(d) STANDARDS

(1) VOC C ONTENT L IMIT S

Except as provided in Subsecti ons (b )(2), (d)(2 ), (d)(3 ), and (d)(5), no pe rson shall:

(i) m a nufacture, blend, or repackage for sale within San Diego County;

(ii) supply, sell, or offer for sa le within S a n Diego County; or

(iii) solicit for application or apply w ithin San Diego Count y, any architectural coating with a VOC content in excess of the corresponding lim its specified in Table I after the specified effective dates.

Table I - VOC Standards

Effective

12/ 12/ 01

Lim i t 1,2 Effective

1/ 1/ 2 0 03

Lim i t 1,2 Effective

1/ 1/ 2 0 04

Lim i t 1,2

Co atin g Catego ries lb /g a l ( g / l ) l b /g a l ( g / l ) lb /g a l (g / l )

Gene ral C o at i n gs: Fl at C o at i n g s 2. 1 ( 2 5 0 ) 0. 8 ( 1 0 0 )

No nfl a t C o at i n gs 2. 1 (2 5 0 ) 1. 3 (1 5 0 )

No nfl a t C o at i n gs – Hi g h Gl os s 2. 1 (2 5 0 )

Sp ecialty Co atin g s : Ant e nna C o at i n g s 4. 4 (5 3 0 )

An tifou lin g Coatin g s 3

. 3 (400 )

B i t u m i nous R o of C o at i n gs 2. 5 (3 0 0 )

B i t u m i nous R o of Pri m ers 2. 9 (3 5 0 )

Bo nd B r eak er s 2

. 9 ( 350 )

Clear Wo od C o atin g s :

C l ear B r u s hi ng Lacq uer 5. 7 (6 8 0 ) Lacq u e r s 5. 7 ( 6 8 0 ) 4. 6 ( 5 5 0 ) (i ncl u di n g l a c q uer san d i n g se al ers)

San d i n g Seal e r s 4. 6 ( 5 5 0 ) 2. 9 ( 3 5 0 )

(ot h er t h an lac que r sa nding s ealers)

Var n i s he s 2. 9 (3 5 0 )

C onc ret e C u ri n g C o m pou nds 2. 9 (3 5 0 ) Dry F o g C o at i ngs 3. 3 (4 0 0 )

Fau x Fi ni shi n g C o at i n gs 2. 9 (3 5 0 )

Fi re R e si st i v e C o at i n g s 2. 9 (3 5 0 )

Fire Retard an t Co atin g s : Clear Opa q ue 5. 4

2. 9 ( 650 ) ( 350 )

Fl oo r C o at i n g s 3. 3 (4 0 0 ) 2. 1 (2 5 0 )

Fl ow C o at i n gs 3. 5 (4 2 0 )

Regulation I V -8- Rule 67.0Table I - VOC Standards - Continued

Effective

12/ 12/ 01

Lim i t 1,2 Effective

1/ 1/ 2 0 03

Lim i t 1,2 Effective

1/ 1/ 2 0 04

Lim i t 1,2

Co atin g Catego r i e s lb /g a l ( g / l ) l b /g a l ( g / l ) lb /g a l (g / l )

Form -R el ease C o m pou nds 2. 1 (2 5 0 ) Graph i c Arts C o atin gs (Sign Pain ts) 4

. 2 (500 )

Hi g h Tem p erat ure C o at i n gs 5. 4 (6 5 0 ) 3. 5 (4 2 0 )

In d u st ri al M a i n t e na nce C o at i ngs 3. 5 (4 2 0 ) 2. 1 (2 5 0 )

Low-So lid s Coatin g s 3 1. 0 (1 2 0 )

M a gnesi t e C e m e nt C o at i n g s 5. 0 (6 0 0 ) 3. 8 (4 5 0 )

M a st i c Text u r e C o at i n gs 2. 5 (3 0 0 ) Metallic Pig m e n ted C o ating s 4

. 2 (500 )

Mu lti-Co lo r C o atin g s 4

. 8 ( 5 8 0 ) 2

. 1 ( 2 5 0 )

Pre- Treat m e nt Was h P r i m ers 6. 5 (7 8 0 ) 3. 5 (4 2 0 )

Pr im er s, Sealers, an d Un der c oater s 2

. 9 ( 350 ) 1

. 7 ( 200 ) Qui c k- Dry Ena m el s 3. 3 ( 4 0 0 ) 2. 1 ( 2 5 0 ) Qui c k- Dry Pri m ers, Seal ers , Un de rcoat e r s 4. 4 (5 2 5 ) 1. 7 (2 0 0 ) Recycled Coatings 2.1 (250)

R o o f C o at i ngs 2. 5 ( 3 0 0 ) 2. 1 ( 2 5 0 )

Ru st Prev en tativ e C o atin g s 3. 3 (4 0 0 )

Shellacs:

Clear Opa q ue 6. 1

4. 6 ( 730 ) ( 550 ) Specialty Primers, Sealers, and Un de rcoat e r s 2. 9 (3 5 0 )

St ai n s 2. 9 ( 3 5 0 ) 2. 1 ( 2 5 0 )

Swi m m i ng P o ol C o at i n gs 5. 4 (6 5 0 ) 2. 8 (3 4 0 )

Swi m m i ng P o ol R e pai r & M a i n t e nan ce C o a t i ngs 5. 4 (6 5 0 ) 2. 8 (3 4 0 )

Tem p erat ure- I ndi cat o r Safet y C o at i n g s 4. 6 (5 5 0 )

Traf fi c M a r k i n g C o at i ngs 2. 1 (2 5 0 ) 1. 3 (1 5 0 )

Wat e r p r o o f i n g Seal e r s 3. 3 ( 4 0 0 ) 2. 1 ( 2 5 0 )

Wat e r p r o o f i n g C onc ret e / M aso n ry S eal e r s 3. 3 (4 0 0 )

Wo o d P r ese r va t i v e s 2. 9 (3 5 0 )

1 Re m a in s in effect un less rev i sed lim i t s are in d i cated in subsequ e n t co lu m n s. Th e VOC co n t en t limits t a k e in t o account the “ M anufacturer’s Maxim u m Thinning Rec o mmendation,” if any.

2 Ex pr essed i n p oun d s VO C per g a llo n (o r gra m s V O C p e r l iter) of co ating, as app lied

, less water, ex em p t

com pou nd s, a n d c o l o rant a d d e d t o t i n t b a ses

. 3 VOC con t en t li mits are exp r essed i n p oun ds of VOC p e r gallo n (or g r am s of VOC p e r liter) of co atin g, as appl i e d

, i n cl u d i ng wat e r an d e x em pt

com pou nds

.

(2) C OA TIN G S N OT L IST E D IN T ABLE I

For any coating that does not m eet any of the definitions for the specialty coating s catego r ies listed in Tab l e I , the VOC content lim it shall be determ ined by classifying the coating as a flat coating or a nonflat coating, based on its glo ss, as defined in Subsections (c)(21), (c)(35) and (c)(36) a nd the corresponding flat or no nflat VOC c ontent lim it shall apply.

Regulation I V -9- Rule 67.0(3) M OST R E S TRI C TI VE VOC L IM I T S

If anywhere on the container of any archit ectural coating, or any label or sticker affixed to the container, or in any sales, a dvertising, or technical l iterature supplied by a

m a nufacturer or anyone acting on their behalf, any representa tion is m a de that indicates that the coating m eets the defi nition of or is recommended for use for m o re than one of the coating cate gories lis ted in Tabl e I, then the m o st restrictiv e VOC content lim it shall apply. This provision does not apply to the coating categories sp ecif i ed below:

(i) Antenna coatings, (ii) Antifouling Coatings, (iii) Bitum i nous roof prim ers, (iv) Fire-retardant coatings, (v) Flow coatings (Electrical Transformers), (vi) High-tem p erature coatin gs, (vii) Industrial maintenance coatings, (viii) Lacquers (in c ludi ng lacquer sanding sealers), (ix) Low-solids coating s , (x) Metallic pigm ented coatings, (xi) Pre-trea tm ent wash prim ers, (xii) Shellac s , (xiii) Specialty prim ers, sealers, and undercoaters, (xiv) Tem p erature-indicato r safety coating s , or (xv) Wood preservatives.

(4) S EL L -T HR OU G H O F C OATINGS

(i) A coating manufactured prior to the January 1, 2003, or January 1, 2004, effective date specified f o r that coating in Table I m a y be sold, supplied, or offered for sale for up to three y ears after th e specifi ed effective date. In addition, a coating

m a nufactured before the effective date speci fied f o r that coating in Table I m a y be applied at any tim e, both before and after th e specified effective date, so long as the coating complied with the standards in e ffect at th e tim e the coating was m a nufactured. This Subsection does not apply to any coating that does not display the date or date-code required by Su bsection (e )(1)(i).

(ii) A coating included in an appr oved Averaging Program that does not

com p ly with the spec if ie d lim it in Ta ble I m a y be sold, supplied, or offered for sale for up to three years after the end of the com p liance period specified in the approved Averaging P r ogram . In addition, such a co ating m a y be applied at any tim e , both during and after the com p liance period. This Subsection does not apply to any coating that does not display on the container either the statem ent: “This product is subjec t to a r chite ctur al c o ating av era g ing provis i ons in Calif ornia” o r a s ubstitu te

sym bol specified by the Executive O fficer of the CARB. This Subsection shall

rem a in in effect until January 1, 2008.

Regulation I V -10- Rule 67.0(5) R UST P R E VE NT I V E C OA TI N G S

After January 1, 2004, a person shall only apply or solicit the app lication of a rust preventative coating for non-industrial uses, un less the rust preventa tive coating com p lies

with the ind u strial m a intenance coa t i ng VOC li mit specified in Table I.

(6) S TA TE WI DE A VERAG I NG C OMPLIAN C E O PT I O N

On or after January 1, 2003, in lieu of com p liance with the lim its specified in Table I for floor coatings; industrial m a intenance coa tings; prim ers, sealers, and undercoaters; quick-dry prim ers, sealers, and undercoaters; quick-dry enam els; roof coatings; bitum i nous roof coatings; rust preventative coatings; stai ns; waterproofing sealers, as well as flats and nonflats (excluding recycled coatings), m a nuf acturers m a y average designated coatings

such that their actual cu mulative em issions fr om the averaged coating s are less than o r equal to the cum u lative em issions that would have been allowed under those lim its over a

com p liance period no t to exceed one year. Such m a nufacturers m u st also com p ly with the averaging provisions contained in Appendix A, as well as m a intain and m a ke available for inspection records for at leas t three years after the end of the com p liance period. This Subsection and Appendix A shall cease to be effectiv e on January 1, 2005, after which

averag ing will no longer be allowed.

(7) T HIN N ING

No person who applies or solicits the app lication of any archit ectural coating shall apply a coating that is thinne d to exce ed the app lic able VOC lim it specif ied in Table I.

(8) P AIN T ING P RAC TICES

Any person who stores, transfers, applies or otherwise uses architectural coatings, thinners, cleanup solvents, or other material s which contain volatile organic com pounds

shall com p l y with the requirem e nts of Ru le 67.17 – Storage of Materials Containing Volatile Organic Com p ounds.

(e) ADMINISTRATI V E REQUIREM ENTS

(1) C ON TAINER L ABELING R E Q U I REME NT :

Each m a nufacturer of an y architectural coa ting su bject to th is rule sha ll d i s p lay the

inf o rm ation listed in Sub s ections (e )( 1)(i) th roug h (e)(1 )(ix) on the coating container (or label) in which the coating is sold or distributed.

(i) Date Code: The date the coating was m a nufactured, or a date code representing the date, shall be indicated on th e label, lid, or bottom of the container.

If the m a nufacturer uses a date code for a ny coating, the m a nufacturer shall file an explanation of each code with th e Ex ecutiv e Offi cer of the C A RB.

Regulation I V -11- Rule 67.0(ii) Thinning Recommendations: A statem ent of the m a nufacturer' s

recomm endation regarding thi nning of the coating shall be indicated on the label or lid of the container. This requirem e nt doe s not apply to the thi nning of architectural coating s with water. If thinning of the coating p r ior to use is not necess a ry, the

recomm endation m u st specify that the coat ing is to be appl ied without thinning.

(iii) VOC Content: Each container of any coati ng su bject to th is rule sha ll display either the m a ximum or the actual VOC content of the coating, as supplied, including the m a xi m u m thinning as r ecomm ende d by the m a nufacturer. VOC content shall be displayed as gram s of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data or determ ined using the

test m e thods in Subsection (f)(2). T h e equa tions in Subsection (e)(2 ) shall be used to

calcu late V O C content.

(iv) Industrial Maintenance Coatings : In addition to the inf o rm ation specified in Subsections (e)(1)(i), (e)(1)(ii) , and (e)(1)(iii), each m a nufacturer of any industrial maintenance coating subject to this rule shall display on the label or lid of

the container in which the coating is sold or distri buted one or m o re of the descriptions listed in Subsections (e)(1)(iv)(A) thr ough (e)(1)(iv)(C).

(A) “For industrial use only.” (B) “For professional use only.” (C) “Not for residential use” or “N ot intended for residential use.”

(v) Clear Brushing Lacquers: Effective January 1, 2003, the labels of all clear brushing lacquers shall prom inently display the statem ents “For brush application only,” and “This product m u st not be thinned or sprayed.”

(vi) Rust Preventative Coatings: Effective January 1, 2003, the labels of all rust preventative coatin gs shall p r o m in ently dis p lay the sta t em ent “For Meta l Substrates Only.”

(vii) Specialty P r imers, Sealers, and Undercoaters: Effective January 1, 2003, the labels of all specialty primers, sealers, a nd undercoaters shall prom inently display one or m o re of t h e descriptions listed in Subsections (e)(1)(vii)(A) through (e)(1 )(v ii)(E ).

(A) For blocking stains. (B) For fire-dam aged substra t es. (C) For sm oke-dam aged substra t es. (D) For water-d am aged substra t es. (E) For excess i v e ly chalky s ubstrates.

(viii) Quic k-Dry Enamels: E ffective January 1, 2003, the labels of all quickdry enam els shall p r om inently d i spla y the wo rds “Quick Dry” and the dry hard tim e

.

(ix) Nonflat–High Gloss Co atings: Effective January 1, 2003, the labels of all nonflat–high gloss coatings shall prom inently displa y the words “High Gloss.”

Regulation I V -12- Rule 67.0(2) C ALCU LA TION OF VOC C ON TEN T

For the purpose of determ ining compliance with the VOC content lim its in Table I,

the VOC content of a co ating shall be determ ined by using the procedures described in Subsections (e)(2 )(i) or (e)(2)(ii ), as appropriate. The VOC c ontent of a tint base shall be

determ ined without colorant that is added after the tin t base is m a nufactured.

(i) W ith the exception of lo w-solids co a tings, de ter m ine the VOC content in

gram s of VOC per lite r of coating th inned to the m a nuf acture r’s m a xim u m thinning

recomm endation, excluding the volum e of any water and exem pt com p ounds.

Determ ine the VOC content us ing th e f o llowing equation :

VOC Content = (W

s - W

w - W
ec ) / (V

m - V

w - V
ec )

W h ere: VOC content = gram s of VOC per lite r of coating

W
s = weight of all volatiles, in gram s
W

w = weight of water, in gram s
W
ec = weight of exem pt com p ounds, in gram s
V

m = volum e of c o ating, in liters

V

w = volum e of wate r, in lite rs
V
ec = volum e of e x em pt com p ounds, in liters

(ii) For low-solids coatings, determ ine th e VOC content in units of gra m s of VOC per liter of coating thinned to th e m a nufacturer’s m a ximum recomm endation, including the volum e of a ny water and exem pt compounds. Determ ine the VOC

content u s in g the f o llowing equation :

VOC Content ls = (W

s - W

w - W
ec ) / (V

m )

Where: VOC content ls = the VOC content of a lo w solids coa ting in g r ams of VOC per liter of coating

W
s = weight of all volatiles, in gram s
W

w = weight of water, in gram s
W
ec = weight of exem pt com p ounds, in gram s
V

m = volum e of c o ating, in liters

(f) MONITORING AND RECORDS

(1) R EP OR TI NG R E Q UI RE ME NT S

(i) Clear Brushing Lacquers: Each m a nufacturer of clear brushing lacquers shall, on or b e fore April 1 of each calendar year beginning in th e year 2004,

subm it an annual written report to the Ex ecutive Officer of th e CARB. The report shall specify the num ber of gallons of clea r brushing lacquers sold in California during th e p r eced ing calendar year, and sh all describe the m e thod used b y the

m a nufacturer to calc ulate State sales

.

Regulation I V -13- Rule 67.0(ii) Rust Preventative Coatings: Each m a nufacturer of rust preventative coating s shall, on or b e fore April 1 of each calendar year beginning in th e year 2004,

subm it an annual written report to the Ex ecutive Officer of th e CARB. The report shall specify the num ber of gallons of rust pr eventative coatin gs sold in C a lif ornia during th e p r eced ing calendar year, and sh all describe the m e thod used b y the

m a nufacturer to calc ulate State sales

.

(iii) Specialty P r imers, Sealers, and Undercoaters: Each m a nufacturer of specialty p r im ers, sealers, and undercoaters shall, on or before April 1 of each calendar year beginning in the year 2 004, subm it an annual w r itten report to the

Executive O fficer of the CARB. The report shall specify the num b er of gallons of specialty prim ers, sealers, and undercoaters sold in California during the preceding calendar year, and shall describe the m e t hod used by the m a nufacturer to calculate

State s a les.

(iv) Toxic Exempt Compounds: For each arch itectural co ating that contains perchloroethylene or m e thylene chloride, the m a nufa c turer shall, on or before April 1 of each calendar y ear begi nning in the year 20 04, report in w r i t i n g t o the Executive Officer of the CARB the follo wing inform ation for products sold in California during the preceding year:

(A) the product brand nam e and a copy of the product label with legib l e usag e instruction s ;

(B) the product category listed in Ta ble I to which the coating belongs;

(C) the to tal s a le s in Calif orn i a dur ing the calenda r ye ar to the nea r est gallon; the volum e percent, to the ne arest 0.10 percent, of perchloroethylene

and m e thylene chloride in the coating.

(v) Recycled Coating: Manufacturers of recycled coating s m u st subm it a

letter to the Executive O fficer of the CARB certif ying their s t atus as a Recycled Paint

Manufacturer. The m a nufacturer shall, on or before April 1 of each calend ar yea r beginning in the year 2004, subm it an annual written report to the Executive Officer of the CARB. The report shall include, for all recycled co atings , the total num ber of gallons distributed in California during th e preceding year, and shall describe the

m e thod used by the m a nufacturer to calculate Californi a’s distribution.

(vi) Bituminous Coatings: Each m a nufacturer of bi tum i nous roof coatings or

bitum i nous roof prim ers shall, on o r befo re April 1 of each calendar y ear beginning in the year 2004, subm it an annual w r itte n report to the Executive Officer of the

CARB. The report shall specify the num b er of gallons of bitum i nous roof coatings

or bitum i nous roof primers sold in Califor nia during the preceding calendar year, and

shall describe the m e thod used by the m a nuf acturer to calculate California’s sales.

Regulation I V -14- Rule 67.0(2) T ES TI NG P ROC E DU RE S

(i) VOC Content: To determ ine the physical pr operties of a co ating in order to perform the Subsection (e)(2)calculati ons, the reference m e thod for VOC content is U.S. EPA Method 24, incorporated by re ference in Subsecti on (f)(2) (iv)(K), except as provided in Subsections (f)(2)(ii) and (f )(2)(iii). An alternative m e thod to

determ ine the VOC content of coatings is SCAQMD Method 304-91 (Revised February 1996), incorporated by reference in Subsection (f)(2 )(iv )(L). Th e exem pt

com pounds content shall be determ ined by South Coast Air Quality Managem e nt District (SCAQMD) Method 303-91 (Rev ised August 1996), incorporated by reference in Subsection (f)(2)(iv)(J). To determ ine the VOC content of a coating, the

m a nufacturer m a y use U.S. EPA Method 24, or an alternative m e thod as provided in Subsection (f)(2)(ii), formulation data, or any other reasonable m e ans for predicting that the coating has been for m ulated as intended (e.g. quality assurance checks,

recordk eeping). However, if there are a ny in con s isten c ie s be tween the re sults of a Method 24 test and any other m eans for determ ining VOC content, the Method 24

test resu lts will govern, except when an al ternative m e thod is approved as specified

in Subsectio n (f)(2)(ii). Th e Air Pollution Control Officer m a y require the m a nufacturer to conduct a Method 24 analysis.

(ii) Alternativ e Test Metho d: Other test m e thods de monstrated to provide

results th at are acceptab l e for purpos es of determ ining com p liance with S ubsection (f)(2)(i), afte r review and a

pproval in writing by the staffs of the District, the CARB, and the U.S. EPA, m a y a l so be used.

(iii) Methacry la te Traffic Marking Coatings: Analysis of m e thacrylate

multi-com ponent coatin gs used as traffic m a rking coating s s h all be cond ucted

accord ing to a m odification of U.S. EPA Method 24 (Appendix A), incorp orated by reference in Subsection (f )(2)(iv)(M). This m e thod has not been approved for

m e thacrylate m u lti-component coatings used for purposes other than as traffic

m a rking coatings or for other class e s of m u lti-co mponent coatings.

(iv) Test Methods: The following test m e thods are incorporated by reference herein, and shall be used to test coatin gs subject to provisi ons of this rule:

(A) Flam e Spread Index: The flam e spread index of a fire-retardant coating shall be determ ined by ASTM Designation E 84-99, “Standard T e st Method for Surface Burning Characteri stics of Building Materials” (see Subsection (c)(20), F i re -Retardan t Coating )

.

(B) Fire Resis t a n ce Rating : The fire res i stance rating of a fireresistive coating sha ll be determ ined by ASTM Designation E 119-98,

“Standard T e st Methods for Fire Tests of Building Construction Materials” (see Subsection (c)(19), F i re-Resistive Coating).

Regulation I V -15- Rule 67.0( C ) Gloss Deter m ination: The gloss of a coating shall be determ ined by ASTM Designation D 523-89 (1999), “S tandard Test Method for Specular Gloss” (see Subsections (c)(21), (c)(35) , (c)(36), and (c)(41) , Flat Coating

, Nonflat Coating, Nonflat-High Gloss Coating, and Quick-Dry Enam els).

(D) Meta l Conte n t of Coatin gs: The m e tallic content of a coating shall

be determ ined by SCAQMD Method 318-95, “Determ i nation of W e ight

Percent E l e m ental Meta l in Coatings by X-Ray Dif f r action, ” SCAQMD “Laboratory Methods of Analysis for Enforcem e n t Sam p les” (see Subsection (c)(33), Metallic Pigm ented Coating).

(E) Acid Content of Coatings: The acid content of a coating shall be

determ ined by ASTM Designation D 1613-96, “Standard Test Method for Acidity in Volatile Solv e n ts and Che m ical Inter m ediates Used in Pain t, Varnish, Lacquer, and R e lated Produ cts” (see Subsection (c)(39), PreTreatm e nt Wash Prim e r s).

( F ) Drying Times: The set-to-touch, dry-hard, dry-to-touch, and dryto-recoat tim e s of a coa ting shall be determ ined by ASTM Designation D 1640- 95, “Standard Test Methods for Drying, Curing, or Film Form ation of Organic Coatings at Room Tem p eratu r e” (see Subsections (c)(41) and (c)(42), QuickDry Ena m el and Quick-Dry Prim er, Seal er, and Undercoater). The tack-free

tim e of a quick-dry en amel coating sh all be determ ined by the Mechanical Test Method of ASTM Designation D 1640-95.

( G ) Surface Chalkiness : The chalkin e ss of a surface shall b e determ ined using ASTM Designation D 4214-98, “Standard Test Methods for Evaluating the Degree of Chalking of Ex terior Pa int Film s” (see Subsectio n (c)(52), Specialty Prim er, Sealer, and Undercoater).

(H) Exem pt Compounds – Siloxanes: Exem pt compounds that are cyclic, branched, or linear com p letely m e thylated siloxanes, shall be analyzed

as exem pt com pounds (for com p liance with Subsection (e)(2)) by Bay Area Air Quality Managem e nt District (BAAQMD) District Method 43, “Determ i nation

of

Volatile Methyls ilox a nes in Solv ent-Based C o atings, Inks , and Relate d Materials,” BAAQMD Manual of Pro cedures, Volum e III, adopted 11/6 / 96, (see Subsection (c)(61), Volatile Organi c Com p ounds and Subsection (e)(2)(i)).

( I ) ( Exem pt Compounds – Parachlo robenzotrifluoride PCBTF): The

exem pt compound parachlorobenzotrifluoride, shall be analyzed as an exempt

com pound for com p liance with Subs ection(f)(2) by BAAQMD Method 41,

“Determ i nation of Volatile Organic Co m pounds in Solvent-B a sed Coatings and Related Materials Containing Parach lorobenzotrif l uoride,” BAAQM D Manual of Procedures, Volum e III, adop ted 12/ 20/95, (s ee Subsectio n (c)(61 ) , Volatile Organic Compound and Subsection (f)(2)(i)).

Regulation I V -16- Rule 67.0( J ) Exem pt Compounds: The content of com pounds exem pt under

U.S. EPA M e thod 24 shall be analyz ed by SCAQMD Method 303-91 (August 1996), “Determ i nation of Exe m pt Compounds,” SCAQM D “Laboratory Methods of Analysis for Enforcem e n t Sam p les,” (see Subsection (c)(61), Volatile Organic Com p ound and Subsection (f)(2)(i)).

(K) VOC Content of Coatings: The VOC content of a coating shall be

determ ined by U.S. EPA Method 24 as it exists in appendix A of 40 Code of Federal Regulations (CF R ) part 60, “Deter m i nation of Volatile Matter Content, Water Content, Density, Volum e Solids, and W e i ght Solids of Surface Coatings” (s ee Subs ectio n (f)(2)(i)).

(L) Alterna tive VOC Content of Coatin gs: The VOC content of coatings m a y be analyzed either by U.S. EPA M e thod 24 or SCAQM D Method 304-91 (February 1996), “Determ i nation of Volatile Organic Com pounds (VOC) in Various Materials,” SCAQMD “Laboratory Methods of Analysis for

Enforcem ent Sam p les” (see Subsection (f)(2)(i)).

(M) Methacrylate Traffic Marking Coatin gs: The VOC content of

m e thacrylate m u lti-component coatings used as traffic m a rking coating s shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A,

“Determ i nation of Volatile Matter C ontent of Methacrylate Multicom pone nt Coatings Used as Traffic Marki ng Coating” (Septem b er 11,1998), (see Subsection (f)(2)(i)).

Regulation I V -17- Rule 67.0Appendix A

A.1 AVE RAGING PROVISION

The m a nufa cturer shall dem onstrate that actual em issions from the coatings being averaged are less th an or equal to the allo wable em issions, for the specified com p liance period using the following equation:

≤ ∑ n

1 = i GiMi ∑ n

1 = i GiViLi

Where:

∑ = n

1 = i Emissions Actual GiMi

∑
= n

1 = i Emissions Allowable GiViLi

Gi = Total Gallons of Product (i) subject to Averaging;

Mi = Material VOC Content of Product (i), in pounds per gallon;

V m Wec

- Ww

- Ws

= Mi

Vi = Percent by Volum e So lids and VOC in Product (i);

Vm Vec

- Vw

- Vm Vi =

W h ere: W s , W w , W ec, Vm , Vw, and Vec are defined in Subsection (e )(2 ), excep t tha t in this Appendix weights are in pounds and volum es are in gallons.

For Non-Zero VOC Coatings:

) Regulatory VOC as known (also VOC Coating Actual) VOC as known (also VOC Material

= Vi

W h e r e : Vec

- Vw

- Vm Wec

- Ww

- Ws VOC = Coating

For Zero VOC Coatings:

Vi = Percent So lids by Volum e Li = Regulatory VOC Content Lim it for Product (i), in pounds per gallon (as listed in Table I)

The averag ing is lim ited to coatings that are designated by the m a nufacturer. Any coating not designated in the ave r ag ing Program shall com p ly with the V O C lim it in

Table I. The m a nufacturer shall not include any quantity of coatings that it knows or

Regulation I V -18- Rule 67.0should have known will not be used in Californi a, if statewid e coating s data are us ed. If district-sp ecific coatin gs data are u s ed, the m a nufacturer sh all no t inclu d e any quantity of coatings that it knows or s hould have known will not be used in the

District.

A.1.1 In addition to the requirem ents specifi ed in Sec tio n A.1, m a nufacturers shall not include in an Averaging Program any coa ting with a VOC content in excess of the

f o llowing m a xim u m VOC content, f o r the app lic able ca tegor ies.

Averaging Categories and VOC Ce iling (Max imum VOC Allow e d)

VOC Li m it

Effective

1/1/2003 Averaging

VOC Ceilin g (Maxim um ) Category

lb/ga l g / l l b / g a l g / l

Flat Coating 0.8 100 2.1 250

Nonflat Coating 1.3 150 2.1 250

Floor Coatings 2.1 250 3.3 400

Industrial Maintenance Coatings 2.1* 250* 3.5 420

Prim ers, Sealers, and Undercoaters 1.7 200 2.9 350

Quick-Dry Prim ers, Sealers, &

Undercoaters 1

. 7 2 0 0 3

. 8 4 5 0

Quick-Dry Enam els 2.1 250 3.3 400

Roof Coatings 2.1 250 2.1 250

Bitum i nous Roof Coatings 2.5 300 2.1 300

Rust Preventative Coatings 3.3 400 3.3 400

S t a i n s 2

. 1 2 5 0 2

. 9 3 5 0

Waterproofing Sealers 2.1 250 3.3 400

*Effective 1/1/2004

A.2 AVE RAGING PROGRAM (PROGRAM)

At leas t six m onths prio r to th e sta r t of the com p l i ance peri od, m a nufacturers shall

subm it an Averaging Program to the Executive Officer of th e Air Resources Board. As used in this Appendix A, “Executive Officer ” m eans the Executive Officer of the Air

Resources B o ard. Averaging m a y not be im plemented until the Program is approved in writing b y the Executive Officer.

W ithin 45 days of subm itta l of a com p lete P r ogra m , the Executive Of f i cer shall either approve or disapprove the Pr ogram . The Program applicant and the Executive Officer

m a y agree to an extens ion of tim e for th e Execu tive Officer to take actio n on the Program

.

Regulation I V -19- Rule 67.0A.3 GENERAL REQUIRE M ENTS

The Progra m shall inc l ude all n ece ssary inf o rm ation f o r th e Executive Off i cer to m a ke

a dete rm ination as to wh ether the m a nuf acturer m a y comply with the av eraging requirem e nts over the sp ecified com p liance period in an enforceab le m a nner. Such

inf o rm ation shall includ e , but is no t lim ited to, the f o llowing:

A.3.1 An identif ic ation of the contact persons, telephone num bers, and nam e of the

m a nuf acture r who is sub m itting the Program

.

A.3.2 An identif ic ation of eac h coating that has been sele cted by th e m a nufacturer for

inclus ion in this prog ram that ex ceed s the app licable VOC lim it in Table I, its VOC

content spec if ied in units of both VOC actual and VOC re gulatory, and the designation

of the coatin g catego r y.

A.3.3 A detailed d e m onstratio n showing that the p r oje c ted ac tual e m issions will not exc eed

the allowable em issions f o r a single com p lia nce period that the Program will be in

effect. In ad dition, the d e m onstratio n sh all inclu d e VOC content inform ation for each coating that is below th e com p liance lim it in Table I. The demons tration shall us e the equation specified in Section A.1 of this Appendix for projecting the actual em issions

and allowable em issions during each com p lian ce period. The dem onstration shall also

include all VOC content levels and projected vo lum e sold within the State for each coating lis ted in the Pro g ram during each com p liance period. The reques t ed data can

be summ ari zed in a m a trix form

.

A.3.4 A specification of the compliance period(s) and applicable reporting dates. The length

of the com p l i ance period shall no t be more than o n e year o r less than s i x months.

A.3.5 An identification and desc ription of all records to be m a de availab l e to the Executiv e Officer upon request, if di fferent than those identified under Section A.3.6.

A.3.6 An identification and desc rip tion of specific reco rds to be used in calculating em issions for the Program and subs equent reporting, a nd a detailed explanation as to how those records will be used by the m a nufacturer to v e rify com p liance with the averaging requirem e nts.

A.3.7 A statem ent, signed by a responsible pa rty for the m a nufacturer, that all infor m a tion

subm itted is true and corr ect, and that reco rds will be m a de availab l e to the Executive

O f f i c e r u p o n r e q u e s t

.

A.4 REPORTI N G REQUI R EMENTS

A.4.1 For every single com p liance period, the m a nuf acture r sha ll s u bm it a m i d-term report listing a ll co atings sub j e c t to av erag ing duri ng the first half of the com p liance period, detailed analysis of the actual and allowabl e em issions at the end of the mid-term , and an explanation as to how the m a nufa c turer in tend s to ach ieve com p liance by the end o f

the com p liance period. The report shall be signed by the responsible party for the

Regulation I V -20- Rule 67.0m a nuf acture r , attesting that all inf o r

m ation subm itted is tru e and cor r ec t. The m i d-term report shall be subm itted within 45 days af ter th e m i dway date of the co m p liance period. A manufacturer m a y request, in writ ing, an extension of up to 15 days for

subm ittal of the m i d-ter m report.

A.4.2 W ithin 60 days after the end of the com p liance period or upon term ination of the Program , whichever is sooner, the m a nufactur er shall subm it to the Executive Officer a report listin g all co ating s subjec t to aver aging during the complia nce period, providing

a detailed demonstrati on of the balan ce between the act ual and allowable em issions for

the com p liance period, any identification and d e scrip tion of specific reco rds used by the

m a nuf acture r to ver i f y c o m p liance with the averaging requirem e nt, and any other

inform ation requested by the Executive Officer to determ ine whether th e m a nufacturer

com p lied with the av eraging requ irem ents over the specified com p liance period. The report shall be signed by the responsible party for the m a nuf acture r, attes t ing tha t all

inf o rm ation subm itted is true and corr ect, and that records will be m a de availab l e to the

Executive O fficer upon request. A manufacturer m a y request, in writing, an extension

of

up to 30 days f o r subm ittal of the f i nal repo rt.

A.5 RENEWAL OF A PROGRAM

A Program autom a tically expires at the e nd of the com p liance period. The m a nufacturer m a y re quest a r e ne wal of the Program by subm itting a renewal req u est th at sha ll include an updated Program

, m eeting all applicable Program requirem e nts. The renewal req u est will be consider ed c ond ition a lly approved un til the Execu tive Of f i cer

m a kes a fina l decision to deny or approve th e renewal request base d on a determ ination

of whether the m a nufacturer is likely to co m p ly with the av e r aging r e quirem e nts. The

Executive O fficer shall b a se such determ ination o n all av ailab l e inform ation, includ in g but not lim ited to, the m i d-term and the final reports of the preceding com p liance period. The Executive O fficer shall m a ke a decision to deny or approve a renewal request no la ter than 45 d a ys f r om the date of the f i nal repor t s u bm ittal, un less the

m a nufacturer and the Ex ecutiv e Offi cer ag ree to an extens ion of tim e f o r the Executiv e Officer to take action on the renewal request.

A.6 M O D I F I C A T I O N O F A P R O G R A M

A m a nufacturer m a y request a m odification of th e Program at any tim e prior to th e end

of the com p l i ance period . The Executive O f f i cer shall take a c tion to approve or disapprove the m odification re quest no longer than 45 days from the date of its

subm ittal. No m odif i cation of the c o m p liance p e riod sha ll b e allowed. A Program need not be modified to specify additional co atin gs to be averaged that are below the applic able V O C lim its.

A.7 T E R M I N A T I O N O F A P R O G R A M

A.7.1 A m a nufacturer m a y term inate its Program at any tim e by f iling a written notif ica tion

to the Execu tive Officer. The filing date sha ll be considered the e f f ective date of the

term ination, and all other provisions of this rule including the VOC lim its shall

imm e diately thereafter apply. The manuf acture r shall also su bm it a f i nal report 60

Regulation I V -21- Rule 67.0days after th e term inatio n date. Any ex ceedance of the actual em issions over the

allowable em issions over the period that the Pro g ram was in ef f ect shall constitute a separate violation for each day of the entire com p liance period

.

A.7.2 The Executive Officer may term inate a Pr ogram if any of the following circum stances

occur:

A.7.2.1 The m a nufa cturer violates the requirem e nts of the approved Progr am , and at the end of

the com p liance period, the actual emissi ons exceed the allow a ble em issio n s.

A.7.2.2 The m a nufa cturer dem o nstrates a recurri ng pattern of violations and has consistently

f a iled to tak e the nec e ss ary step s to corre ct tho s e viola tions.

A.8 CHANGE I N VOC LI MITS

If

the VOC lim its of a coating lis ted in the Progra m are am ended such tha t its ef f ectiv e date is less than one year from the date of adoptio n, the affected m a nufacturer m a y base its ave r aging on the prior lim its of th at coating until the end of the c o m p liance period imm e diately following the date of adoption.

A.9 LABELING

Each container of any coating that is in clud ed in averag ing p r ogram , and that ex ceeds the applicab le VOC lim it in th e tab l e in Section 3 01 shall d i sp lay the f o llo w ing

statem ent: “This product is subject to archit ectural coatings aver aging provisions in California.” A sym bol specified by the Execu tiv e Officer m a y be used as a substitute.

A.10 VIOLATIONS

The exceedance of the allowable em issions for an y com p liance period sh all constitu te a separate violation for each day of the com p liance period. However, any violation of the requ irem ents of the Averaging P r ovisi on of this rule, which the violator can

dem onstrate to the Executive Officer, did not cause or allow the em issio n of an air

contam inant and was not the result of neglig ent or knowing activity m a y be considered

a m i nor violation.

A.11 SUNSET O F AVERAGING PROVISION

The averag ing provision set forth in Appendix A shall cease to be effectiv e on January 1, 2 005, after which averaging will no lo nger be allo wed.

Regulation I V -22- Rule 67.0