# Mojave Desert Air Quality Management District

Final 

# Staff Report Amendments to Rule 1116 – Automotive Refinishing Operations

Adopted on August 23, 2010

14306 P ARK 

### A VE 

### , V ICTORVILLE 

### , CA 92392-2310 P HONE 

### : (760) 245-1661

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### : (760) 245-2699This page intentionally left blank.MDAQMD Rule 1116 TC-1 Final Staff Report, 08/24/10 

### STAFF REPORT TABLE OF CONTENTS Rule 1116 – Automotive Refinishing Operations

I. PURPOSE OF STAFF REPORT ............................................................................................ 1 II. EXECUTIVE SUMMARY..................................................................................................... 1 III. STAFF RECOMMENDATION ............................................................................................. 1 IV. LEGAL REQUIREMENTS CHECKLIST ............................................................................ 3 V. DISCUSSION OF LEGAL REQUIREMENTS..................................................................... 4 A. REQUIRED ELEMENTS/FINDINGS............................................................................... 4 1. State Findings Required for A doption of Rules & Regulations ..................................... 4 a. Necessity................................................................................................................... .. 4 b. Authority................................................................................................................... .. 4 c. Clarity ..................................................................................................................... .... 4 d. Consistency................................................................................................................. 4 e. Non-duplication .......................................................................................................... 5 f. Reference ................................................................................................................... . 5 g. Public Notice & Comment, Public Hearing................................................................ 5 2. Federal Elements (SIP Submittals, Other Federal Submittals)....................................... 5 a. Satisfaction of Underlyi ng Federal Requirements...................................................... 5 b. Public Notice and Comment ....................................................................................... 6 c. Availability of Document ........................................................................................... 6 d. Notice to Specified Entities ........................................................................................ 6 e. Public Hearing ............................................................................................................ 6 f. Legal Authority to Adopt and Implement................................................................... 6 g. Applicable State Laws and Regulations Were Followed............................................ 6 B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ............................................ 7 C. ECONOMIC ANALYSIS .................................................................................................. 7 1. General..................................................................................................................... ....... 7 2. Incremental Cost Effectiveness....................................................................................... 7 D. ENVIRONMENTAL ANALYSIS (CEQA)....................................................................... 7 E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS..................................................... 8 1. Potential Environmental Impacts.................................................................................... 8 2. Mitigation of Impacts...................................................................................................... 8 3. Alternative Methods of Compliance............................................................................... 8 F. PUBLIC REVIEW.............................................................................................................. 8 VI. TECHNICAL DISCUSSION ................................................................................................ 9 A. SOURCE DESCRIPTION.................................................................................................. 9 B. EMISSIONS ................................................................................................................... .... 9 C. CONTROL REQUIREMENTS.......................................................................................... 9 D. PROPOSED RULE SUMMARY....................................................................................... 9 E. SIP HISTORY ................................................................................................................. . 10 1. SIP History................................................................................................................. ... 10 2. SIP Analysis................................................................................................................ .. 10 Appendix A - Iterated Version.................................................................................................. .. A-1TC-2 MDAQMD Rule 1116 Final Staff Report, 08/24/10 Appendix B - Public Notice Documents..................................................................................... B-1 Appendix C - Public Comments and Responses......................................................................... C-1 Appendix D - California Environmenta l Quality Act Documentation ....................................... D-1 Appendix E - Bibliography...................................................................................................... ....E-1MDAQMD Rule 1116 1 Final Staff Report, 08/24/10 

### STAFF REPORT Rule 1116 – Automotive Refinishing Operations

I. PURPOSE OF STAFF REPORT

A staff report serves several disc rete purposes. Its primary purpos e is to provide a summary and background material to the members of the Moja ve Desert Air Quality Management District Governing Board (Governing Board) . This allows the members of the Governing Board to be fully informed before making any required de cision. It also provi des the documentation necessary for the Governing Boar d to make any findings, which ar e required by law to be made prior to the approval or adoption of a document. In addition, a staff report ensures that the correct procedures and proper documentation for approval or adoption of a document have been performed. Finally, the staff report provides evidence for defense against legal challenges regarding the propriety of the appr oval or adoption of the document.

II. EXECUTIVE SUMMARY

Rule 1116 - Automotive Refinishing Operations , was originally adopted on 03/02/92 to satisfy 42 U.S.C. §§7511a (Federal Clean Air Act (FCAA) §182) which requires that ozone non-attainment areas implement RACT for sources that are subj ect to Control Techniques Guidelines (CTGs) and Alternative Contro l Technologies (ACTs) for major sources of ozone precursors. Consequently, Rule 1116 was originally submitted to United States Environmental Protection Agency (USEPA) as a revision of the State Impl ementation Plan (SIP). The rule has been amended four times since its a doption to incorporate the RACT requirements as products became available to meet more stringent requirements.

Rule 1116 regulates emissions of Volatile Orga nic Compounds (VOC) fr om coating operations of motor vehicle and mobile equipment. Rule 1116 applies to both commercial and noncommercial refinishing coati ng applications that include, but are not limited to, auto body repair/paint shops, production au to body paint shops, new car deal er repair/paint shops, fleet operators repair/paint shops, custom-made car fa brication facilities, tr uck body builders, and any other motor vehicle or mobile equipment paintin g operations. The current rule establishes VOC limits by coating category and vehicle type.

Rule 1116 was proposed for amendment to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the pr evious version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were in advertently removed due to typographical error. This action restores the prior VOC limits to be effectiv e until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

III. STAFF RECOMMENDATION

Staff recommended that the Governing Board adopt the proposed amendments to Rule 1116 and approve the appropriate Califor nia Environmental Quality Act (CEQA) documentation. This2 MDAQMD Rule 1116 Final Staff Report, 08/24/10 action is necessary to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the prev ious version (04/26/99) were inte nded to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to typogra phical error. This act ion restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

The Mojave Desert AQMD Governing Board approved the amendments to Rule 1116 on 08/23/10.MDAQMD Rule 1116 3 Final Staff Report, 08/24/10 IV. LEGAL REQUIREMENTS CHECKLIST

The findings and analysis as indicated belo w are required for the procedurally correct amendments to Rule 1116 – Automotive Refinishing Operations . Each item is discussed, if applicable, in Section V. C opies of related documents ar e included in the appropriate appendices.

FINDINGS REQUIRED FOR RULES & REGULATIONS:

X Necessity

X Authority

X Clarity

X Consistency

X Nonduplication

X Reference

X Public Notice & Comment

X Public Hearing

REQUIREMENTS FOR STATE IMPLEMENTATION PLAN SUBMISSION (SIP):

X Public Notice & Comment

X Availability of Document

X Notice to Specified Entities (State, Air Districts, USEPA, Other States)

X Public Hearing

X Legal Authority to adopt and implement the document.

X Applicable State laws and regulations were followed. ELEMENTS OF A FEDERAL SUBMISSION:

N/A Elements as set forth in applicable Federal law or regulations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA):

N/A Ministerial Action

N/A Exemption

X Negative Declaration

N/A Environmental Impact Report

X Appropriate findings, if necessary.

X Public Notice & Comment

SUPPLEMENTAL ENVIRONMENTAL ANALYSIS (RULES & REGULATIONS ONLY):

X Environmental impacts of compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER:

X Written analysis of existing air pollution control requirements

X Economic Analysis

X Public Review4 MDAQMD Rule 1116 Final Staff Report, 08/24/10 V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FINDINGS

This section discusses the stat e of California statutory requ irements that apply to the amendments to Rule 1116. These are actio ns that need to be performed and/or information that must be provided in order to amend the rule in a procedurally correct

manner.
1. State Findings Required for A doption of Rules & Regulations:

Before adopting, amending, or repealing a rule or regula tion, the Governing Board is required to make findings of necessity, authority, clarity, consistency, non-duplication, and reference based upon rele vant information presented at the hearing. The information below is provide d to assist the Governing Board in making these findings.

a. Necessity:

The amendments to Rule 1116 are necessary to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to t ypographical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

b. Authority:

The District has the authority pu rsuant to California H&S Code §40702 to adopt, amend or repeal rules and regulations.

c. Clarity:

The amendments to Rule 1116 are clear in that they are written so that the persons subject to th e rule can easily understand the meaning.

d. Consistency:

The amendments to Rule 1116 are in harmony with, and not in conflict with or contradictory to any state law or regulation, federal law or regulation, or court decisi ons because they to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits wereMDAQMD Rule 1116 5 Final Staff Report, 08/24/10 inadvertently removed due to t ypographical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

e. Non-duplication:

The amendments to Rule 1116 do not impose the same requirements as any existing stat e or federal law or regulation because the District is adopti ng this rule to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to t ypographical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

f. Reference:

The District has the authority pur suant to H&S C ode §40702 to adopt, amend or repeal rules and regulations. The amendments to Rule1116 correct the typographi cal error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were in tended to be continued in effect until the new VOC limits generated fr om the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to typographical error. This action rest ores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06 /28/10, become applicable.

g. Public Notice & Comment, Public Hearing:

Notice for the public hearing for the proposed amendments to Rule 1116 was published on 07/23/10. See Appendix “B” for a copy of the public notice. See Appendix “C” for copies of comments, if any, and District responses.

2. Federal Elements (SIP Submittals, Other Federal Submittals).

Submittals to USEPA are required to include various elements depending upon the type of document submitted and the underlying federal law that requires the submittal. The information below indicates which elements are required for the amendments of Rule 1116 and how they were satisfied.

a. Satisfaction of Underlyi ng Federal Requirements:

The FCAA requires areas designated non-attainment and classified moderate and above to implement RACT for sources subject to6 MDAQMD Rule 1116 Final Staff Report, 08/24/10 CTG and ACT documents issued by USEPA for major sources of VOCs and oxides of nitrogen (NO X ) which are ozone precursors. The 06/28/10 amendment of Rule 1116 satisfied that requirement and was to be submitted into the SIP. The present action restores the prior (04/26/99) VOC limits to be effective until the new VOC limits are applicable on 07/01/11 and thus will also need to be submitted as a SIP revision so that the SIP may adequately reflect the current rule version.

b. Public Notice and Comment:

Notice for the public hearing for the proposed amendments to Rule 1116 will be published 07/23/10. See Appendix “B” for a copy of the public notice. See Appendix “C” for copies of comments, if any, and District responses.

c. Availability of Document:

Copies of the proposed amendments to Rule 1116 and the accompanying draft staff report were made available to the public on 07/22/10.

d. Notice to Specified Entities:

Copies of the proposed amendments to Rule 1116 and the accompanying draft staff report were made available to all affected agencies on 07/22/10. The proposed rule amendment and staff report were sent to CARB and USEPA on 07/22/10.

e. Public Hearing:

A public hearing to consider the proposed amendments to Rule 1116 was held on 08/23/10.

f. Legal Authority to Adopt and Implement:

The District has the authority pursuant to H&S Code §40702 to adopt, amend, or repeal rules and re gulations and to do such acts as may be necessary or proper to execute the duties imposed upon the District.

g. Applicable State Laws and Regulations Were Followed:

Public notice and hearing pro cedures pursuant to H&S Code §§40725-40728 have been followed. See Section (V )(A)(1) above for compliance with state findings required pursuant to H&S Code §40727. See Section (V)(B) belo w for compliance with the required analysis of existing requ irements pursuant to H&S CodeMDAQMD Rule 1116 7 Final Staff Report, 08/24/10 §40727.2. See Section (V)(C) for compliance with economic analysis requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for complia nce with provisions of the California Environmental Quality Act (CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H&S Code §40727.2 requires air districts to prep are a written analysis of all existing federal air pollution control requirements that apply to the same equipment or source type as the rule proposed for m odification by the District.

The FCAA requires areas designated non-attainme nt and classified moderate and above to implement RACT for sources subject to CTG and ACT documents issued by USEPA for major sources of VOC and NO X which are ozone precurso rs. The 06/28/10 version of the rule implemented this require ment. However, the action on 06/28/10 inadvertently removed the previous VOC li mits without replacement prior to the new limit effective date of 07/01/11. This action reinstates the previous version (04/26/99) VOC limits to avoid a gap in regulatory re quirements. Since the previous VOC limits were also required to implement previous state and federal requirements, no further analysis is necessary.

C. ECONOMIC ANALYSIS

1. General

The amendment to Rule 1116 is only neces sary to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to typogra phical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are required for rules and regulations which are adopted or amended to meet the California Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) or “all f easible measures” to c ontrol emissions of VOC, NO X or oxides of sulfur (SO X ).

The amendments to Rule 1116 are not subject to incremental cost effectiveness calculations because this rule does not im pose BARCT or “all feasible measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below the appr opriate CEQA process for the amendments to Rule 1116 was determined.8 MDAQMD Rule 1116 Final Staff Report, 08/24/10 1. The amendments to Rule 1116 meet the CEQA definition of “project”. They are not “ministerial” actions.

2. The amendment of Rule 1116 is ex empt from CEQA review because it will not create any adverse impacts on the environment. The amendments to Rule 1116 are necessary to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were intended to be co ntinued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to typographical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become a pplicable. Facilities subject to the rule were complying with the 04/26/99 rule version VOC limits. The District has not noted any non-complia nce with the former limits during the period immediately after the 06 /28/10 adoption. Reinstating the former (04/26/99 version) VOC limits for the period prior to the new limit applicability date should not have any adverse environmental effects are foreseen from the amendments. Copies of the documents relating to CEQA can be found in Appendix “D”.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential adverse environmental impacts of compliance with the adoption of Rule 1116. The amendments to correct the typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were inte nded to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently re moved due to typographical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable. Facilities subject to the rule were complying with the 04/26/99 rule version VOC limits. The District has not noted any noncompliance with the former limits during the period immediately after the 06/28/10 adoption. Reinstating the form er (04/26/99 version) VOC limits for the period prior to the new limit applicability date should therefore have no economic impact.

2. Mitigation of Impacts

N/A

3. Alternative Methods of Compliance

N/A

F. PUBLIC REVIEWMDAQMD Rule 1116 9 Final Staff Report, 08/24/10 See Staff Report Subsections (V)(A)(1)(g) and (2)(b), as well as, Appendix “B”

VI. TECHNICAL DISCUSSION

A. SOURCE DESCRIPTION

Rule 1116 is aimed at automotive refinishing operations, and those which manufacture, distribute, and sell automotive coatings. Specifi cally, this rule will be applicable to any person who uses, applies, or solicits the use or application of any automotive coating or associated solvent within the District, and al so, any person who supplies, sells, offers for sale, manufacturer’s, or distributes any automo tive coating or associated solvent within the District.

B. EMISSIONS

The amendments to Rule 1116 do not cause the release of additional air contaminants, or create any adverse environmental impacts be cause they correct th e typographical error made on the 06/28/10 amendment. The VOC limits contained in the previous version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits we re inadvertently removed due to typographical e rror. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

C. CONTROL REQUIREMENTS

This action restores prior VOC limits to be effective until the new VOC limits are applicable on 07/01/11. Controls in place at facilities prior to the 06/28/10 amendment will remain in place until the new VOC limits as listed in subsection (C)(1) under Table I take effect on 07/01/11.

D. PROPOSED RULE SUMMARY

This section gives a brief overview of the amendments to Rule 1116. The iterated rule version is contained in Appendi x “A” of this staff report.

The amendments to Rule 1116 correct th e typographical error made on the 06/28/10 amendment. The VOC limits contained in th e previous version (04/26/99) were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to typographical error. This action restores the prior VOC limits to be effective until 07/01/11 when the new limits, as adopted on 06/28/10, become applicable.

Table 2 under section (C)(1)(a) has been added to reinst ate the VOC limits of the 04/26/99 version of rule which were inadve rtently removed in the 06/28/10 amendment due to typographical error.

The “(1)” reference from the “(CFR) 51.100( s)(1)” citation from definition B(18), “Exempt Compounds” was removed. This aligns District regulation with the entire10 MDAQMD Rule 1116 Final Staff Report, 08/24/10 section of 40 CFR 51.100, both recognizing TB Ac as an exempt compound, but not exempt from VOC recordkeeping, emissi ons reporting, photochemical dispersion modeling, and inventory requirements. This sa tisfies both the industry’s need to produce TBAc products while implementing USEPA regulative requirements.

E. SIP HISTORY

1. SIP History

The San Bernardino County Air Pollution C ontrol District (SBCAPCD) originally adopted Rule 1116 on 03/02/99. On 07/01/93 the MDAQMD was formed pursuant to statute. Pursuant to statute it also retained all the rules and regulations of the SBCAPCD until such time as the Governing Board of the MDAQMD wished to adopt, amend or rescind such rules. The MDAQMD Governing Board, at its very first meeting, reaffirmed all th e rules and regulations of the SBCAPCD.

One of the provisions of the legislat ion which created the MDAQMD allowed areas contiguous to the MDAQMD boundaries and within the same air basin to leave their current air district and beco me a part of the MDAQMD. On July 1, 1994 the area commonly known as the Palo Verde Valley in Riverside County, including the City of Blythe, left SCAQMD and joined the MDAQMD.

Since SIP revisions in California are a dopted by USEPA as effective in areas which happen to be defined by both air ba sin designations and the jurisdictional boundaries of local air districts within those air basins, the MDAQMD “inherited” the SBCAPCD SIP which was in effect fo r what is now called the San Bernardino County Portion of MDAB. Upon annexation of the Blythe/Palo Verde Valley the MDAQMD acquired the SIP prior to 07/ 01/94 that was effective in the Blythe/Palo Verde Valley1. The MDAQM D subsequently amended Rule 1116 on 06/22/94, 02/22/95, and 04/26/99. Th e 04/26/99 amendments to Rule 1116 were submitted and approved into the SIP on 04/10/00 (65 FR 18901) and is the current version of the rule in the SI P for the entire MDAQMD jurisdiction replacing both prior SIP versions.

2. SIP Analysis

The District will request CARB to su bmit the amendments to Rule 1116 to replace the SIP version in effect in th e MDAQMD. This submission is necessary because the District wishes to update the SIP for this category.

Since there is a previously existing SIP rule for this category the District will request that it be superseded. In order to replace existing SIP rules the District is required to show that the amendments are not less stringent th an the provisions

1 Upon annexation of the Blythe Palo Verde Valley the analogous SCAQMD was Rule 1151 – Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations as amended on September 6, 1991. That version received SIP limited approval/limited di sapproval on December 20, 1993 (58 FR 66286) and therefore was in the SIP for Riverside County.MDAQMD Rule 1116 11 Final Staff Report, 08/24/10 currently in the SIP. The 06/28/10 version of Rule 1116 is more stringent than the provisions currently in the SIP becaus e rule applicability is expanded in accordance with the SCM; definitions are updated to make the rule more comprehensive, reflect the current applicability of the rule, and provide additional clarity; VOC limits for various categorie s of coatings and solvent coating operations have been modified in a ccordance with the SCM; work practice requirements have been added; and, the monitoring and recordkeeping, and test method sections have been strengthene d. Concurrently with the amendments generated from the SCM, the revision of Rule 1116 also includes amendments generated from Subpart HHHHHH and the ATCM which consists of labeling, monitoring, and record requirements for th e targeted hazardou s air pollutants of Subpart HHHHHH, and prohibits the ma nufacture, sell, offering for sale, distribution for use in the District, and/or applicati on of automotive coatings which contain cadmium or hexavalent chro mium. This includes those coatings in which cadmium or hexavalent chromium was introduced as a pigment or as an agent to impart any property or ch aracteristic to the coatings during manufacturing, distribution, or use of the applicable coatings as defined by the ATCM.

In this amendment to Rule 1116, the provisi ons will remain iden tical to those of the 06/28/10 adopted version with the ex ception of an additional table of VOC limits from the 04/26/99 version. The VOC limits contained in the 04/26/99 version of Rule 1116 were intended to be continued in effect until the new VOC limits generated from the SCM become effective on 07/01/11. The prior limits were inadvertently removed due to typogra phical error. This action restores the prior VOC limits to be effective until the new VOC limits are applicable on 07/01/11.MDAQMD Rule 1116 A-1 Final Staff Report, 08/24/10 

### Appendix “A” Rule 1116 - Automotive Refinishing Operations Iterated Version

The iterated version is provided so that the changes to an existi ng rule may be easily found. The manner of differentiating text is as follows:

1. Underlined text identifies new or revised language.

2. Lined out text identifies language wh ich is being deleted.

3. Normal text identifies the current language of the rule which will remain unchanged by the adoption of the proposed amendments.

4. [Bracketed italicized text] is explanatory material that is not part of the proposed language. It is removed once the proposed amendments are adopted.A-2 MDAQMD Rule 1116 Final Staff Report, 08/24/10 This page intentionally left blank.( Adopted: 03/02/92; Amended: 06/22/94; Amended: 02/22/95; Amended: 04/26/99; Amended: 06/28/10; Amended: mm/dd/yy)

MDAQMD Rule 1116 1116-1 Automotive Refinishing Operations D3: 08/23/10 

## RULE 1116 Automotive Refinishing Operations

(A) General

(1) Purpose

(a) The purpose of this rule is to limit the emission of Volatile Organic Compounds (VOC) from Coatings asso ciated with the Refinishing of Motor Vehicles, Mobile Equipment and their Associated Parts and Components. It also limits the VOC emissions from Solvent cleaning, storage, and disposal associ ated with such operations.

(2) Applicability

(a) This rule is applicable to:

(i) Any Person who uses, applies, or, solicits the use or application of any Automotive Coating or associated Solvent within the District. (ii) Any Person who supplies, sells, offers for sale, manufactures, or distributes any Automotive Coating or associated Solvent for use within the District.


### (B) Definitions

For the purposes of this rule, th e following definitions apply:

(1) “Additive ”- Any substance added in small quant ities to another substance in order to increase volume and/or change th e physical properties of the mixture.

(2) “Adhesion Promoter ”- A Coating which is labeled a nd formulated to be applied to uncoated plastic surfaces to facilitate bonding of subsequent Coatings, and on which, a subsequent Coating is applied.

(3) “Aerosol Coating Product ”- A pressurized Coating product containing pigments or resins that dispense s product ingredients by mean s of a propellant, and is packaged in a disposable can for hand-hel d applications, or for use in specialized equipment for ground traffic/marking applications.

(4) “Air Pollution Control Officer (APCO) ”- The Person appointed by the Air Pollution Control Board and assigned full tim e to manage and direct the business and operations of the District. The Ai r Pollution Control Officer is also the Executive Director, and is that Person described for state purposes as the Air Pollution Control Officer.1116-2 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 (5) “Assembly Line ”- An arrangement of industrial equipment and workers in which the product passes from one specialized operation to another until complete by either automatic or manual means.

(6) “Associated Parts and Components ”- Structures, devi ces, pieces, modules, sections, assemblies, subassemblies, or el ements of Motor Vehicles or Mobile Equipment that are designed to be part of Motor Vehicles or Mobile Equipment but which are not attached to Motor Vehicl es or Mobile Equipment at the time of coating the structure, device, piece, m odule, section, assembly, subassembly, or element. The Associated Parts and Components definition does not include circuit boards.

(7) “Automotive Coating ”- Any coating or Automotive Coating Component, used or recommended for use, in Motor Vehicle or Mobile Equipment Refinishing, service, maintenance, repair, restorati on, or modification, except metal plating activities. Any reference to automotive Refinishing or Automotive Coating made by a Person, on the container, or in product literatur e constitutes a recommendation for use in Motor Vehicle or Mobile Equipment Refinishing.

(8) “Automotive Coating Component ”- Any portion of a coa ting, including, but not limited to, a Reducer or thinner, tone r, hardener, and Additive, which is recommended by any Person to distributors or end-users, for use in an Automotive Coating, or which is supplied fo r or used in an Automotive Coating. The raw materials used to produce the co mponents are not considered Automotive Coating Components.

(9) “Automotive Refinishing Facility ”- Any shop, business, lo cation, or parcel of land where Motor Vehicles or Mobile E quipment or their Associated Parts and Components are coated, including autobody collision repair shops. Automotive Refinishing Facility does not include the Original Equipment Manufacturing (OEM) plant where the Motor Vehicle or Mobile Equipment is completely assembled.

(10) “Catalyst ”- A substance whose presence initia tes/enhances the reaction between chemical compounds.

(11) “Cleaning Operations ”- The removal of loosely he ld uncured adhesives, inks, Coatings, or contaminants, including, but not limited to, dirt, so il, or grease, from Motor Vehicles, Mobile Equipment, Associated Parts and Components, substrates, parts, products, tools, machin ery, equipment, or general work areas.

(12) “Clear Coating ”- Any coating that contains no pigments and is labeled and formulated for application over a Color Coating or Clear Coating.

(13) “Coating ”- Any material which is applied to a surface and which forms a film in order to beautify, preserve, repair , and/or protect such surface.MDAQMD Rule 1116 1116-3 Automotive Refinishing Operations D3: 08/23/2010 (14) “Color Coating ”- Any pigmented Coating, excluding Adhesion Promoters, Primers, and Multi-color Coatings, that requires a subsequent Clear Coating and which is applied over a Primer or Adhe sion Promoter. Color Coatings include metallic/iridescent Color Coatings.

(15) “District ”- The Mojave Desert Air Qua lity Management District. The geographical area of which is described in Mojave Desert Air Quality Management District Rule 103.

(16) “Electrostatic Application ”- Any method of spray app lication of coatings where an electrostatic attraction is created between the part to be coated and the paint particles.

(17) “Emission Control System ”- Any combination of capture systems and control devices used to reduce VOC emissions from Automotive Coating operations.

(18) “Exempt Compounds ”- Those compounds listed in 40 Code of Federal Regulation (CFR) 51.100(s) (1)

. (19) “Finish ”- The Coating of incomplete vehicl es, their parts and components, or Mobile Equipment for which the original Coating was not applied from an Original Equipment Manufacturer (O EM) plant Coating Assembly Line.

(20) “Grams of VOC per L iter of Coating Less Water and Less Exempt Compounds”- The weight of VOC per combined volu me of VOC and Coating solids is calculated by the following equation:

ES W M ES W S LoC VOC V V V W W W G

   

 /

Where: G VOC/LoC = Grams VOC per Liter of Coating Less Water and Exempt Compounds W S = weight of volatile compounds in grams
W W = weight of water in grams
W ES = weight of Exempt Compounds in grams

V M = volume of material in liters
V W = volume of water in liters
V ES = volume of Exempt Compounds in liters

(21) “Grams of VOC per L iter of Material”- The wei ght of VOC per volume of material and shall be calculated by the following equation:

M ES W S LoM VOC V W W W G  

 /1116-4 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 Where: G VOC/LoM = Grams VOC per Liter of Material W S = weight of volatile compounds in grams
W W = weight of water in grams
W ES = weight of exempt compounds in grams
V M = volume of material in liters

(22) “Group II Exempt Compounds”- Compounds that are restricted because they are either toxic, potentially toxic, upper-atm osphere ozone depleters, or cause other environmental impacts. These compounds are listed as follows:

methylene chloride (dichloromethane) 1,1,1-trichloroethane (methyl chloroform) Trichlorofluoromethane (CFC-11) dichlorodifluoromethane (CFC-12) 1,1,2-trichloro-1,2,2-trif luoroethane (CFC-113) 1,2-dichloro-1,1,2,2-tetraf luoroethane (CFC-114) chloropentafluoroethane (CFC-115) cyclic, branched, or linear, completely methylated siloxanes (VMS) tetrachloroethylene (perchloroethylene) ethylfluoride (HFC-161) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 1,1,2,2,3-pentafluoropropane (HFC-245ca) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 1,1,1,2,3-pentafluoropropane (HFC-245eb) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 1,1,1,3,3-pentafluorobutane (HFC-365mfc) chlorofluoromethane (HCFC-31) 1,2-dichloro-1,1,2-trif luoroethane (HCFC-123a) 1 chloro-1-fluoroethane (HCFC-151a)

(23) “High-Volume, Low- Pressure (HVLP) Spray ”- Spray equipment permanently labeled as such and which is design ed and operated between 0.1 and 10 pounds per square inch, gauge, (psi g) air atomizing pressure, measured dynamically at the center of the air cap a nd at the air horns.

(24) “Metallic/Iridescent Color Coating ”- Any Coating which contains more than 5 grams per liter (0.042 pounds per gallon) of metal or iridescent particles, as applied, where such particles ar e visible in the dried film.

(25) “Mobile Equipment ”- Any equipment or device which may be drawn, or is capable of being driven, on rails or a ro adway including, but not limited to, trains,MDAQMD Rule 1116 1116-5 Automotive Refinishing Operations D3: 08/23/2010 railcars, truck bodies, truck trailers, util ity bodies, camper shells, mobile cranes, bulldozers, street cleaners, and impl ements of husbandry or agriculture.

(26) “Motor Vehicle ”- Any self-propelled vehicle, including, but not limited to cars, trucks, buses, golf carts, vans, motorcycle s, tanks, and armored personnel carriers.

(27) “Multi-color Coating ”- Any Coating that exhibits mo re than one color in the dried film after a single application, is packaged in a single container, and hides surface defects on areas of heavy use, and whic h is applied over a Primer or Adhesion Promoter.

(28) “Person ” - Shall have the same meaning as defined in the California Health and Safety Code §39047.

(29) “Pretreatment Coating”- Any Coating th at contains a minimum of one-half (0.5) percent acid by weight, and not more than 16 percent solids by weight, necessary to provide surface etching and is labeled a nd formulated for application directly to bare metal surfaces to provide corrosion resistance and adhesion.

(30) “Primer ”- Any Coating which is labeled a nd formulated for application to a substrate to provide:

(a) A bond between the substrate and subsequent coats;

(b) Corrosion resistance;

(c) A smooth substrate surface; or

(d) Resistance to penetration of subse quent coats, and on which a subsequent Coating is applied. Primers may be pigmented.

(31) “Primer Sealer ”- Any Coating which is labeled and formulated for application prior to the application of a Color Coa ting for the purpose of color uniformity, and to promote the ability of an underc oat to resist penetration by the Color Coating.

(32) “Reducer ”- The Solvent used to thin enamel.

(33) “Refinishing ”- Any Coating of Motor Vehicl es, their Associated Parts and Components, or Mobile Equipment, incl uding partial body collision repairs, for the purpose of protection or b eautification and which is su bsequent to the original Coating applied at an original equipm ent manufacturing (OEM) plant Coating Assembly Line.

(34) “Single-stage Coating ”- Any pigmented Coating, excluding Primers, and Multicolor Coatings, labeled and formulated fo r application without a subsequent clear coat. Single-stage coat ings include Single-stage Metallic/Iridescent Coating.1116-6 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 (35) “Solvent ”- a VOC-containing fluid used to pe rform cleaning operations, primarily for the conditioning of a surf ace to receive a Coating or in Cleaning Operations.

(36) “Spot Repair ”- Repair of an area on a Motor Ve hicle, piece of Mobile Equipment, or Associated Parts or Components of less than 1 square foot (929 square centimeters).

(37) “Stripping ”- The use of Solvent to remove ma terial such as cured adhesives, cured inks, cured or dried paint, cure d or dried paint residue, or Temporary Protective Coatings.

(38) “Targeted HAP Compounds ”- The hazardous air polluta nt (HAP) compounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni), or cadmium (Cd) targeted by 40 CFR 63 Subpart HHHHHH – National Emission Standards for Hazardous Air Pollutants: Paint Strippi ng and Miscellaneous Surface Coating Operations at Area Sources.

(39) “Temporary Protective Coatings ”- Any Coating which is labeled and formulated for the purpose of temporarily protecti ng areas form overspray or mechanical damage.

(40) “Topcoat ”- Any Coating applied over a Primer , Primer system or an original equipment manufacturer (OEM) Finish for the purpose of protection or
appearance.
(41) “Transfer Efficiency ”- The ratio of Coating solid s adhering to the object being coated to the total amount of Coating so lids used in the a pplication process, expressed as a percentage.

(42) “Truck Bed Liner Coating ”- Any Coating, excluding Clear, Color, Multi-color, and Single-stage Coatings, labeled and form ulated for application to a truck bed to protect it from surface abrasion.

(43) “Underbody Coating ”- Any Coating labeled and formulated for application to wheel wells, the inside of door panels or fenders, the underside of a trunk or hood, or the underside of the Motor Vehicle.

(44) “Uniform Finish Coating ”- Any Coating labeled and fo rmulated for application to the area around a Spot Repair for the pur pose of blending a repaired area’s color or clear coat to match the appearance of an adjacent area’s existing Coating.

(45) “VOC Actual ” - This definition is the same as the definition of Grams of VOC per Liter of Material as listed under subsection (B)(21).

(46) “VOC Regulatory ” - This definition is the same as the definition of Grams of VOC per Liter of Coating Less Water and Less Exempt Compounds as listed under subsection (B)(20).MDAQMD Rule 1116 1116-7 Automotive Refinishing Operations D3: 08/23/2010 (47) “Volatile Organic Compound (VOC )”- Any volatile compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and Exempt Compounds.


### (C) Requirements

(1) VOC Contents of Coatings

(a) Effective on the dates specified, a Person shall not apply Coating to a Motor Vehicle, Mobile Equipment, or Associated Parts or Components, that has a VOC content in excess of the limits contained in Table 1 and Table 2 of this subsection.

Table 1 - Coating Categories and VOC Limits

VOC Regulatory Limit, as applied, in grams per Liter (pounds per gallon) Coating Categories Effective on and after 7/1/2011 Adhesion Promoter 540 (4.5) Clear Coating 250 (2.1) Color Coating 420 (3.5) Multi-color Coating 680 (5.7) Pretreatment Coating 660 (5.5) Primer 250 (2.1) Primer Sealer 250 (2.1) Single-stage Coating 340 (2.8) Temporary Protective Coating 60 (0.5) Truck Bed Liner Coating 310 (2.6) Underbody Coating 430 (3.6) Uniform Finish Coating 540 (4.5) Any Other Coating Type 250 (2.1)1116-8 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 Table 2 - Coating Categories and VOC Limits

VOC Regulatory Limit, as applied, in grams per Lit er (pounds per gallon)
Coating Categories Group 1* Vehicles prior to 7/1/2011 Group 2** vehicles prior to 7/1/2011
Pretreatment Wash Primer 780 (6.5) 780 (6.5) Primer 250 (2.1) 250 (2.1) Primer Sealer 250 (2.1) 340 (2.8) Topcoat 340 (2.8) 420 (3.5) Metallic Topcoat 420 (3.5) 420 (3.5) Extreme Preformance 420 (3.5) 420 (3.5) *Group 1 Vehicles are public tr ansit buses and mobile equipment including but not limited to: truck bodies, truck trailers, ut ility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts, and implements of husba ndry, where color match is not required. **Group 2 Vehicles are passenge r cars; large/heavy duty truc k cabs and chassis with a manufacturer's gross vehicle weight over 10,000 pounds; light and medium duty trucks and vans having a manufacturer's gross vehicle weight ra ting of 10,000 pounds or less; and motorcycles; and Group 1 Vehicles where color match is required.

(b) Compliance with the VOC limits shall be based on VOC content, including any VOC material added to the original coating supplied by the manufacturer, less water and Exempt Compounds, as applied to the Motor Vehicle, Mobile Equipment, or Associated Parts or Components.

(2) Most Restrictive VOC Limit

(a) If anywhere on the container of a ny Automotive Coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature, any representation is made that indicates that the Coating meets the definition of, or is recommended for use of, more than one of the Coating categories listed in subsection (C)(1)(a) and (b) , then the lowest applicable VOC content limit in Table 1 and Table 2 shall apply.

(3) Alternative Compliance

(a) Emission Control System

A Person may comply with the provisi ons of subsection (C)(1) by using an approved Emission Control System c onsisting of collection and control devices, that is approved, in writi ng, by the APCO for reducing emissions of VOC. The APCO shall approve su ch Emission Control Systems only if the VOC emissions resulting from the use of non-compliant Automotive Coatings will be reduced to a level eq uivalent to or lower than that which would have been achieved by the comp liance with the terms of subsectionMDAQMD Rule 1116 1116-9 Automotive Refinishing Operations D3: 08/23/2010 (C)(1). The approved Emission Contro l System must achieve a control efficiency of at least 85 percent. The required efficiency of an Emission Control System at which an equivale nt or greater level of VOC emission reduction will be achieved shall be ca lculated by the following equation:

100

1 1

1 , ,

, 

     

 

     

 

  
   
 

        

       

        





 


## D VOC

D VOC

VOC

VOC

c LWc Max n Max

LWn

Max LWn

LWc CE

Where: CE = Control Efficiency, as a percent VOC LWc = VOC Limit of Rule 1116, less water and less Exempt Compounds, pursuant to subsection (C)(1) VOC LWn,Max = Maximum VOC content of non-compliant Automotive Coating used in conjunction with a control device, less water and Exempt Compounds D n,Max = Density of VOC solvent, Reducer, or thinner contained in the non-compliant Automotive Coating containing the maximum VOC D c = Density of corresponding VOC solvent, Reducer, or thinner used in the compliant Automotive Coating system = 880 grams per liter

(4) Prohibited Compounds

(a) A Person shall not manufacture, sell, o ffer for sale, distribute for use in the District, or apply any Automotive Coating which contains any Group II Exempt Compounds.

(5) Carcinogenic Materials

(a) A Person shall not manufacture, sell, o ffer for sale, distribute for use in the District, or apply any Automotive Co atings that contain cadmium or hexavalent chromium. This includes any Automotive Coating in which cadmium or hexavalent chromium was introduced as a pigment or as an agent to impart any property or ch aracteristic to the Coatings during manufacturing, distribution, or use of the applicable Coatings as defined by the Air Toxic Control Measure (ATC M) for Emissions of Hexavalent Chromium and Cadmium from Motor Vehicle and Mobile Equipment Coatings, Title 17 CCR, section 93112.

(6) Application Methods1116-10 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 (a) For all Automotive Coatings, any Pe rson shall not apply any Coating to Motor Vehicles or Mobile Equipmen t or their Associated Parts and Components unless one of the following methods is used:

(i) Electrostatic Application equipm ent, operated in accordance with the manufacturer's recommendati ons and in compliance with permit conditions. (ii) HVLP Spray equipment, operated in accordance with the manufacturer's recommendations and in compliance with permit conditions. (iii) Any other Coating application wh ich has been demonstrated to the satisfaction of the APCO to be capable of achieving a Transfer Efficiency equivalent to, or hi gher than, the application methods listed in subsections (6)(a)(i) and (6 )(a)(ii) above, but not less than 65 percent, as per subsections (G)(2)(c) and (G)(2)(d), and for which written approval of th e APCO has been obtained.

(7) Prohibition of Possessio n, Specification and Sale

(a) No Person that applies Automotive Co atings subject to this rule shall posses any Automotive Coating that is not in compliance with requirements of subsection (C)(1), un less one or more of the following conditions apply:

(i) The Coating is located at a facility that utilizes an approved Emission Control System pursuant to subparagraph (C)(3)(a), and the Coating meets the limits specified in permit conditions. (ii) The Coating is located at a trai ning center and the Coating is used for educational purposes, provided that the VOC emissions from Coatings not meeting VOC lim its of subsection (C)(1) do not exceed twelve (12) pounds per day. (iii) The Topcoat is located at a prototype Motor Vehicle manufacturing facility and the Co ating is supplied by an Assembly Line Motor Vehicle manufacturer fo r use in the Refinishing of a prototype Motor Vehicle, provide d that the VOC emissions from Coatings not meeting the VOC li mits of subsection (C)(1) do not exceed twenty-one (21) pounds per day and 930 pounds in any one calendar year.

(b) No Person shall solicit from, or requi re any other Person to use, in the District any Automotive Coating wh ich, when applied as supplied or thinned or reduced according to the manufacturer’s recommendation for application, does not meet the:

(i) Applicable VOC limits requi red by subsection (C)(1) for the specific application unless:MDAQMD Rule 1116 1116-11 Automotive Refinishing Operations D3: 08/23/2010 a. The Coating is located at a Automotive Refinishing Facility that utilizes an approved Em ission Control System pursuant to subsection (C)(3)(a), and the Coating meets the limits specified in permit conditions. b. The Coating is specifically exempt pursuant to section (D) of this rule.

(c) No Person shall offer for sale, sell, or distribute for use in the District any Automotive Coating which, when app lied as supplied or thinned or reduced according to the manufactur er’s recommendation for application, does not meet the:

(i) Applicable VOC limits requi red by subsection (C)(1) for the specific application, unless: a. The Coating is located at an Automotive Refinishing Facility that utilizes an a pproved Emission Control System pursuant to subsection (C)(3)(a) , and the Coating meets the limits specified in permit conditions. b. The Coating is specifically ex empt under section (D) of this rule. c. The Person that offers for sale or distributes the Coating keeps the following records for at least five (5) years and makes them available to the APCO upon request, the following information: 1. Coating name and manufacturer; 2. Application method; 3. Automotive Coating categor y and mix ratio specific to the Coating; 4. VOC content of Coating; 5. Documentation that the material is a Coating; 6. Current manufacturer specif ication sheets, material safety data sheets (MSDS), technical data sheets, or air quality data sheets, which list the VOC content of each ready-to-spray Coating (based on the manufacturer’s stated mix ratio), Automotive Coating Components, and VOC content of each solvent; 7. Purchase records identifying the Automotive Coating category, name, a nd volume of Coatings; and, 8. The name and address of the Person purchasing the Coating, a statement of the basis the purchase will comply with this paragra ph, including if use is for outside the District, and acknowledgement by the purchaser that this statement is correct.

(ii) Requirements of subs ections (C)(4) and (C)(5).1116-12 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 (d) No Person shall solicit from, require, o ffer for sale to, sell to, or distribute to any other Person for use in th e District any Automotive Coating application equipment that does not me et the requirements of subsection (C)(6 ).

(e) The requirements of subsections (C)( 1), (C)(2), and (C)(3) shall apply to all written or oral agreements execu ted and entered into under terms of which an Automotive Coating or Coating application equipment shall be used at any location within the District

. (8) Surface Preparation and Cleaning Operations

(a) The requirements of this subsecti on shall apply to any Person using Solvent for Surface Preparation and Cleaning Operations.

(i) Any Person shall not use an organic compound(s), or mixture thereof, (excluding Exempt Co mpounds) for Surface Preparation with a VOC content in excess of twenty-five (25) grams per liter (0.21 pounds per gallon) of material. (ii) Any Person shall use closed, non-absorbent containers for the storage or disposal of any applic ator (including brushes, swabs, cloth or paper) used for solvent Surface Preparation and Cleaning Operations. (iii) Any Person shall store fresh or spent solvent in vapor tight and closed containers. (iv) Any Person shall not use or ganic compounds fo r the Cleaning Operations of spray equipment in cluding paint liners unless an enclosed system is used for Cleaning Operations. The system shall enclose spray guns, cups, nozzles, bowls, and other parts during washing, rinsing and draining pro cedures. Equipment used shall minimize the evaporation of organic compounds to the atmosphere.

(b) Effective July 1, 2011, no Person shall possess at any Automotive Refinishing Facility, any Solvent wi th a VOC content that does not comply with the requirements in subsection (C)(8)(a)(i).


### (D) Exemptions

(1) The provisions of this rule shall not apply to:

(a) Any Coating applied to Motor Vehi cle or Mobile Equipment, or their Associated Parts and Components, during manufacture on an Assembly Line.MDAQMD Rule 1116 1116-13 Automotive Refinishing Operations D3: 08/23/2010 (b) Any Automotive Coating that is offe red for sale, sold, or manufactured for use outside of the District or for shipment to other manufacturers for reformulation or repackaging.

(c) Any Aerosol Coating Product.

(d) Any Automotive Coating that is sold , supplied, or offered for sale in onehalf (0.5) fluid ounces or smaller containers.

(2) The requirements of subsection (C)(1) shall not apply to Automotive Coatings applied for educational purposes at Coa ting training centers, which are owned and operated by Coating manufacturers, provided that the VOC emissions emitted at a Coating training center from Coatings not complying with subsection (C)(1) does not exceed twelve (12) pounds per day.

(3) The requirements of subsection (C)(1) sh all not apply to Coa tings supplied by an Assembly-Line Motor Vehicle manufacturer for use by a prototype Motor Vehicle manufacturing facility in the Finishing of a prototype Motor Vehicle, provided that the VOC emissions at the prototype Motor Vehicle manufacturing facility from such Topcoats do not exceed twenty -one (21) pounds in a calendar day and 930 pounds in a calendar year.

(4) Any facility or Person classified as exem pt or claiming to be exempt under this section, (D), shall meet the r ecord keeping requirements of this rule so as to be able to prove the exemption status.

(5) Rule 442 Applicability

(a) Any Coating, Coating operation, or fac ility which is exempt from all or a portion of the VOC limits of this rule shall comply with the provisions of Rule 442.


### (E) Administrative Requirements

(1) Manufacturer’s Compliance Statement Requirement

(a) For each individual Automotive Coating, Automotive Coating Component, and ready-to-spray mixture (based on the manufacturers stated mix ratio), the manufacturer sh all include the following information on a product data sheet, or an equivalent medium:

(i) The VOC Actual and the VOC Re gulatory for Coatings (in grams per liter). (ii) The weight percentage of volatiles, water, and Exempt Compounds. (iii) The volume percentage of water and Exempt Compounds. (iv) The density of the material (in grams per liter). (v) The weight percentage of all Targeted HAP Compounds.1116-14 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 (2) Manufacturer’s Labeling Requirements

(a) The manufacturer of Automobile Coatings or Automotive Coating Components shall include, on all cont ainers, the appli cable use Coating category(ies), and the VOC Actual a nd the VOC Regulatory for Coatings, as supplied (in grams per liter).

(b) The manufacturer of Solvents subj ect to this rule shall include on all containers the VOC content for Solvents, as supplied (in grams per liter)


### (F) Monitoring and Records

(1) All Persons subject to this rule and any Person claiming any exemption under subsection (D)(1) shall comply with the following requirements:

(a) Maintain and have available duri ng an inspection, a current list of Automotive Coatings in use which provides all of the Coating data necessary to evaluate compliance, including the following information:

(i) The Additive, Automotive Coating, Catalyst, and Reducer used, i.e. material name and manufacturer. (ii) The mix ratio of components used. (iii) The VOC Actual and the VOC Regulatory content of each Automotive Coating as applied. (iii) The Targeted HAP Compounds content as applied in weight percentage. (v) The application method used .

(b) Maintain records on a daily basis including:

(i) Automotive Coating and mix ra tio of components used in the Automotive Coating. (ii) Quantity of each Automotive Coating applied. (iii) Application method used to apply Automotive Coating. (iii) Any Person/facility utilizing an add-on Emission Control System as a means of complying with provisions of this rule shall also maintain records of key system operating and maintenance data for the purpose of demonstrating continuous compliance during periods of emission producing activities. The data shall be recorded in a manner as prescribed by the District.

(c) Maintain records on a monthly basi s for Surface Preparation and Cleaning Operations including:

(i) The name and manufacturer of the Solvent used, including methylene chloride (MeCl).MDAQMD Rule 1116 1116-15 Automotive Refinishing Operations D3: 08/23/2010 (i) The amount of each Solvent and methylene chloride (MeCl) consumed for any use, in gallons. (ii) The weight percentage of each Solvent and methylene chloride (MeCl) consumed for any use.

(d) Such records shall be retained and available for inspection by the APCO for a minimum of five (5) years

. 

### (G) Test Methods

(1) A violation of the limits contained in th is rule as determined by any one of these test methods shall constitute a violation of this rule.

(2) The following specified test methods sha ll be used to determine compliance with the provisions of this rule.

(a) VOC Determination

(i) Samples of Automotive Coatings as specified in subsection (C)(1)) shall be analyzed as pr escribed by EPA Reference Method 24, as set forth in appendix A of Title 40 of the Code of Federal Regulations (40 CFR) Part 60, “Det ermination of Volatile Matter Content, Water Content, Density , Volume Solids, and Weight Solids of Surface Coatings” for VOC content (without correction for Exempt Compounds) and the American Society for Testing Materials (ASTM) Test Method D4457-85, 91( Standard Test Method for Volatile Content of Coatings ), or ARB Method 432 (“Determination of Dichloromethane and 1,1,1 – Trichloroethane in Paints and Coatings”, 1989) fo r determination of emissions of Exempt Compounds. Perfluorocarbon compounds shall be assumed to be absent from a product or process unless a manufacturer or facility operator identifies the specific individual compounds (from the broad classes of perfluorocarbon compounds) and the amounts present in the product or process and provides a validated test method which can be used to quantify the specific compounds.

(b) Determination of Emissions-Opera tions with Emission Control Systems

(i) For operations with Emission Control Systems, VOC emissions as specified in subsection (C)(3)(a) sh all be measured as prescribed by EPA Reference Method 25, 25A, or 25B, Title 40 Code of Federal Regulations, Part 60, Appendix A, for determining VOC emissions and control device efficiency , in combination with the methods prescribed in U.S. EPA’s “Guidelines for Determining Capture Efficiency.” (January 9 1995) and Title 40 Code of1116-16 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 Federal Regulations, Part 51, Appendix M, Methods 204-204f, as applicable, for determination of capture efficiency.

(c) Determination of HVLP Transfer Efficiency Equivalence

(i) Transfer Efficiency equivalent to HVLP as required by subsection (C)(6)(a)(iii) shall be determined by procedures as prescribed in the South Coast Air Quality Management District (SCAQMD) document "Guidelines for Demonstrating Equivalency with District Approved Transfer Effi cient Spray Guns, September 26, 2002".

(d) Determination of Transfer Efficiency

(i) Transfer Efficiency as required by subsection (C)(6)(a )(iii) shall be determined by procedures as prescribed in the SCAQMD document "South Coast Air Qualit y management District Spray Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 1989".

(e) Determination of Percentage of Metal in Metallic/ Iridescent Color Coatings

(i) Determinations shall be made using SCAQMD Method 311, “Determination of Percent Metal in Metallic Coatings by Spectrographic Method”, as f ound in the SCAQMD document Laboratory Methods Of Analys is For Enforcement Samples (February 1997).

(f) Acid Content in Pretreatment Coatings

(i) Determinations of acid content in Pretreatment Coatings shall be made using ASTM Test Method D1613-03 “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacque r, and Related Products”.

(g) Determination of Methyl Acet ate, Acetone, and PCBTF Content

(i) The quantity of methyl acetate , acetone, t-butyl acetate, and parachlorobenzotrifluoride (as sp ecified in subsections (B)(18), (B)(20), (B)(21), and (B)(44) sha ll be determined by using ASTM Method D6133-02: “Standard Test Method for Acetone, p

Chlorobenzotrifluoride , Methyl Acetate or t -Butyl Acetate Content of Solventborne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injecti on Into a Gas Chromatograph” (February 2003).MDAQMD Rule 1116 1116-17 Automotive Refinishing Operations D3: 08/23/2010 (h) Exempt Compound Content

(i) Exempt Compound content, other than as determined pursuant to subsection (G)(f)(i) shall be de termined by using CARB Method 432, “ Determination of Dichloromethane and 1,1,1- Trichloroethane in Paints a nd Coatings” (September 12, 1998); CARB Method 422, “ Determination of Volatile Organic Compounds in Emissions form Stat ionary Sources” (January 22, 1987); or, SCAQMD Method 303-91, “Determination of Exempt Compounds” (February 1993).

SIP: Submitted as amended mm/dd/yy on mm/d d/yy; Approved 04/10/00, 65 FR 18901, 40 CFR 52.220(c)(268)(i)(8)(B)(1); Approved 6/13/95, 60 FR 31081, 40 CFR 52.220(c)(216)(i)(A)(1); Approved 12/20/93, 58 FR 66283, 40 CF R 52.220(c)(188)( i)(B)(1)]1116-18 MDAQMD Rule 1116 Automotive Refinishing Operations D3: 08/23/10 This page intentionally left blank.MDAQMD Rule 1116 B-1 Final Staff Report, 08/24/10 

### Appendix “B” Public Notice Documents

1. Proof of Publication – Daily Press, July 23, 2010 2. Proof of Publication – Riversid e Press Enterprise, July 23, 2010B-2 MDAQMD Rule 1116 Final Staff Report, 08/24/10 This page intentionally left blank.MDAQMD Rule 1116 B-3 Final Staff Report, 08/24/10B-4 MDAQMD Rule 1116 Final Staff Report, 08/24/10MDAQMD Rule 1116 C-1 Final Staff Report, 08/24/10 

### Appendix “C” Public Comments and Responses

1. Email from Daniel B. Pourreau, Resear ch Advisor, Lyondell Chemical Company, 08/03/10 2. Letter from Patrick Au, Californi a Air Resources Board, 08/05/10 3. Email from Nicole Law, United States Environmental Protection Agency, 08/06/10C-2 MDAQMD Rule 1116 Final Staff Report, 08/24/10MDAQMD Rule 1116 C-3 Final Staff Report, 08/24/10C-4 MDAQMD Rule 1116 Final Staff Report, 08/24/10 District Response to Comment Letter 1

In the preliminary draft of the 06/28/10 versi on of Rule 1116, the Distri ct had instated an exemption of tertiary butyl acetate (TBAc) as described in this comment letter from Dr. Pourreau. The United States Environmental Protection Agency responded with a comment stating that 40 CFR 51.100(s)(5) considers TBAc a VOC for reco rdkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements. In response to this comment, the District removed the exemption to confor m with the Clean Air Act section 110(l) and 40 CFR 51.100(s)(5). Upon further examination, the Dist rict decided to remove the “(1)” reference from the “(CFR) 51.100(s)(1)” citation from definition B(18), “Exempt Compounds”. This aligns District regulation with the entire section of 40 CFR 51.100, both recognizing TBAc as an exempt compound, but not exempt from VOC recordkeeping, emissions reporting, photochemical dispersion modeli ng, and inventory requirements. This satisfies both the industry’s need to produce TBAc products whil e implementing USEPA regulative requirements.MDAQMD Rule 1116 C-5 Final Staff Report, 08/24/10C-6 MDAQMD Rule 1116 Final Staff Report, 08/24/10 District Response to Comment Letter 2

Since the California Air Resources Board did not have any comments on the draft rule, the District does not have any response.MDAQMD Rule 1116 C-7 Final Staff Report, 08/24/10C-8 MDAQMD Rule 1116 Final Staff Report, 08/24/10MDAQMD Rule 1116 C-9 Final Staff Report, 08/24/10 District Response to Comment Letter 3

Since the United States Environmental Protec tion Agency did not have any comments on the draft rule, the District do es not have any response.C-10 MDAQMD Rule 1116 Final Staff Report, 08/24/10 This page intentionally left blank.MDAQMD Rule 1116 D-1 Final Staff Report, 08/24/10 

### Appendix “D” California Environmental Quality Act Documentation

1. Notice of Exemption, San Bernardino County 2. Notice of Exemption, Riverside CountyD-2 MDAQMD Rule 1116 Final Staff Report, 08/24/10MDAQMD Rule 1116 D-3 Final Staff Report, 08/24/10D-4 MDAQMD Rule 1116 Final Staff Report, 08/24/10 This page intentionally left blank.MDAQMD Rule 1116 E-1 Staff Report d2, 08/04/10 

### Appendix “E” Bibliography

Rule 1116 – Automotive Refinishing Operations (Mojave Desert Air Quality Management District, amended 4/26/99)

Rule 1116 – Automotive Refinishing Operations (Mojave Desert Air Quality Management District, amended 6/28/10)