## Final Staff Report

Proposed Amended Rule 1143 - Consumer Paint Thinne rs & Multi-Purpose Solvents

December 2010

Deputy Executive Officer, Planning, Rule Development, & Area Sources Elaine Chang, DrPH



### Assistant Deputy Executive Officer, Planning, Rule Development, & Area Sources Laki Tisopulos, Ph.D., P.E.



### Planning and Rules Manager, VOC Rules Naveen Berry

AUTHOR: Don Hopps Air Quality Specialist

REVIEWED BY: David Ono Program Supervisor William Wong Principal Deputy District Counsel Lauren Nevitt District Deputy Counsel I 

## SOUTH COAST AIR QUALITY MANAGEMENT DISTRICTProposed Amended Rule 1143 i December 2010



### SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

GOVERNING BOARD

Chairman: DR. WILLIAM A. BURKE Speaker of the Assembly Appointee

Vice Chairman: DENNIS YATES Mayor, Chino Cities of San Bernardino County

MEMBERS:

MICHAEL D. ANTONOVICH Supervisor, Fifth District County of Los Angeles

JOHN J. BENOIT Supervisor, Fourth District County of Riverside

MICHAEL A. CACCIOTTI Councilmember, South Pasadena Cities of Los Angeles County/Eastern Region

BILL CAMPBELL Supervisor, Third District County of Orange

JANE W. CARNEY Senate Rules Appointee

JOSIE GONZALES Supervisor, Fifth District County of San Bernardino

RONALD O. LOVERIDGE Mayor, Riverside Cities of Riverside County

JOSEPH K. LYOU, Ph. D. Governor’s Appointee

JUDITH MITCHELL Councilmember, Rolling Hills Estates Cities of Los Angeles County/Western Region

JAN PERRY Councilmember, Ninth District Cities Representative, Los Angeles County, Western Region

MIGUEL A. PULIDO Mayor, Santa Ana Cities of Orange County

EXECUTIVE OFFICER:

BARRY R. WALLERSTEIN, D.Env.Proposed Amended Rule 1143 Final Staff Report

Proposed Amended Rule 1143 ii December 2010 

### TABLE OF CONTENTS

I. EXECUTIVE SUMMARY

................................................... ................................................. 1

II. BACKGROUND

................................................... ................................................... ............... 3

III. RULE HISTORY

................................................... ................................................... .............. 3

IV. AFFECTED FACILITIES

................................................... .................................................. 4

V. DISCUSSION OF VARIOUS TYPES OF TECHNOLOGY

........................................... 5
FOR ARTIST SOLVENTS AND THINNERS Turpentine

................................................... ................................................... ........................................... 6 Mineral Spirits

................................................... ................................................... .................................... 6 Odorless Mineral Spirits

................................................... ................................................... ................... 6
Citrus Based Thinners

................................................... ................................................... ....................... 6
Artist Mediums

................................................... ................................................... .................................... 6
Brush Cleaners

................................................... ................................................... ................................... 7

VI. ARTIST INDUSTRY’S CONCERNS

................................................... .............................. 7

VII. OVERVIEW: PROPOSED AMENDMENT TO RULE

................................................... 7

VIII. EMISSION IMPACTS

................................................... ................................................... ..... 9

IX. COST ANALYSIS

................................................... ................................................... .......... 10

X. INCREMENTAL COST-EFFECTIVENESS

................................................... ................ 10

XI. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

................................... 10

XII. SOCIOECONOMIC ASSESSMENT

................................................... .............................. 10

XIII. DRAFT INDINGS

................................................... ................................................... .......... 10

XIV. COMPARATIVE ANALYSIS

................................................... ......................................... 11

XV. DRAFT CONCLUSIONS AND RECOMMENDATIONS

............................................ 15

XVI. PUBLIC COMMENTS AND RESPONSES

................................................... .................. 15

XVII. REFERENCES

................................................... ................................................... ................ 20



### LIST OF TABLES

TABLE XIII -1: BREAKDOWN OF EMISSIONS

................................................... ............................. 9

TABLE XIV-1: COMPARISON OF AQMD RULE 1143 TO CARB’S CRP

............................ 12Proposed Amended Rule 1143 1 December 2010



### I. EXECUTIVE SUMMARY Rule 1143 - Consumer Paint Thinners & Multi-Purpose Solvents, was adopted on March 6, 2009, to implement Control Measure CTS-04 from the 2007 AQMP (“Air Quality Management Plan”) which calls for further Volatile Organic Com pound (VOC) emission reductions from categories not regulated by CARB, including paint t hinners and multi-purpose solvents. The adopted rule has a two-tier VOC concentration limit beginning with the 300 grams per liter (g/L) VOC limit, effective January 1, 2010, and fol lowed by the final limit of 25 g/L VOC, effective January 1, 2011. The expected emission r eduction will be 5.94 tons per day (tpd) by the year 2011, and an additional 3.81 tpd by Januar y 1, 2012, resulting in a total VOC reduction of 9.75 tpd by January 1, 2012, when the rule will be fully implemented.

The rule was amended on June 4, 2010, to rescind th e final VOC limit of 25 g/L, to comply with a court order by the Los Angeles County Superi or Court.

On July 9, 2010, Rule 1143 was amended to reinstate the final VOC limit of 25 g/L of VOC, effective January 1, 2011 along with a one year sel l-through provision allowing consumer paint thinners and multi-purpose solvents to be sold in t he AQMD jurisdiction through December 31, 2011, provided that the products were manufactured prior to January 1, 2011. Additionally, Rule 1143 was also amended to allow consumer paint thinners and multi-purpose solvents containing 300 g/L or more of VOC to be sold and us ed until April 1, 2011, provided that the product container showed product uses that included the thinning of industrial maintenance coatings, and the product was manufactured prior to July 9, 2010.

During the latter part of the July 2010 rule amendment process, staff rec eived comments regarding the need for an exemption relating to the solvents and thinners used by artists. At the July 9, 2010 public hearing, staff committed to exp lore and evaluate the request and come back with an amendment prior to the end of the year, if necessary. Staff recognizes that Rule 1143 currently does not take into consideration the arti st materials industry. Artist solvents and thinners specifically manufactured for artistic use s have been formulated, refined and purified to eliminate impurities, specifically intended for artist applications. These niche products do not fall into the general category of consumer pain t thinners and multi-purpose solvents used for architectural coating thinning and clean-up.

The California Air Resources Board (CARB) exempted the artist solvents and thinners, which they call “Artist’s Solvent/Thinner,” from their Co nsumer Products Regulations (CPR) provided that they are labeled to meet ASTM D4236-9 4 (Reapproved 2005) and packaged in containers with a capacity less than or equal to 32 fluid ounces (one quart). At a subsequent public workshop for this project that was held on S eptember 15, 2010, CARB staff stated in those discussions that they would be changing their Consumer Product Regulation language to exempt Artist’s Solvent/Thinner sold in containers with a capacity of 32 fluid ounces to accommodate 1 liter containers. On September 29, 2 010, CARB posted a proposed
modification to their definition of Artist’s Solven t/Thinner to replace the 32 (fluid) ounces with 34 (fluid) ounces which will include 1 liter contai ners (1 liter = 33.8 fluid ounces).Proposed Amended Rule 1143 2 December 2010

Staff is proposing an amendment to the rule that wo uld provide an exemption to artist solvents and thinners from adhering to the VOC requirements set forth in the rule. Staff believes the amendment is necessary because artist solvent and t hinner products are designed to be used specifically with artist solvent- based oil paints. Staff is currently unaware of low-VOC solvents that may be successfully reformulated for artist so lvent and thinner products. In order to monitor the usage of the exemptions and minimize ru le abuse, staff proposes to clarify that recordkeeping and reporting requirements are applic able to all exempt usage including artist solvents and thinners. Staff is also proposing to clarify that any consumer paint thinner or multi-purpose solvent that is manufactured prior to the effective date of the applicable limit specified in paragraph (d)(1) in the rule, and that has a VOC content above that limit (but not
above the limit in effect on the date of manufactur e), may be sold, supplied, offered for sale, or used for up to one year after the specified effecti ve date.

Therefore, staff is proposing the following amendme nt to Rule 1143:

• Exempting artist solvents and thinners that are pro perly labeled and sold in containers that are one liter or less from applicable VOC limits.

• Defining artist solvents and thinners.

• Making changes to the rule to clarify that all exem pt products shall be subject to recordkeeping and reporting requirements.

• Making changes to the rule to clarify that the sell -through provisions for the final VOC limit do not apply to products that do not meet the interim VOC limit.

The proposed amendment will result in 114 pounds pe r day of VOC emissions foregone, which equates to approximately 18.5 gallons per day. The VOC emissions foregone due to this proposed amendment will represent 0.6% of the total existing VOC emission reductions applied to Rule 1143. No socioeconomic impacts are anticipated from this current proposal.Proposed Amended Rule 1143 3 December 2010



### II. BACKGROUND Consumer Products are the largest source of VOC emi ssions in the South Coast Air Basin (Basin). The California Air Resources Board (CARB) estimates that consumer products in the state of California account for approximately 245 t ons per day (tpd) of VOC emissions 1

. Approximately forty-five percent (45%) of that esti mate or 110.3 tpd of VOC emissions 2 can be
attributed to the Basin.

The 2007 AQMP highlights the growing impact of VOC emissions from consumer products. Taking into account population growth and planned V OC reductions by CARB, the AQMP estimates that the annual average VOC emissions for the consumer product category will be 107 tpd by the year 2014, and will likely increase to 1 12.1 tpd by the year 2020 3 . Rule 1143 implements Control Measure CTS-04 from the 2007 AQM P.

Consumer multi-purpose solvents work very well for cleaning deposits such as grease, oil, paint, carbon deposits, residues from tools, equipment, an d general household uses, whereas consumer paint thinners are used to thin traditional solvent -based architectural coatings. However, based on staff’s market assessment, traditional high-VOC containing consumer paint thinners and multi-purpose solvents are typically used interchan geably. PAR1143 changes this practice, since both consumer paint thinners and multi-purpose solv ents are required to meet similar VOC limits prescribed in the rule.



### III. RULE HISTORY Rule 1143 - Consumer Paint Thinners & Multi-Purpose Solvents, was adopted on March 6, 2009, by the Governing Board and is currently in ef fect regulating consumer paint thinners and multi-purpose solvent products offered for sale and use within the Basin. Rule 1143 limits the VOC content in a two-tier approach for products sol d to consumers and these VOC limits apply to suppliers, distributors, and retailers of consum er paint thinners and multi-purpose solvents. No public comments pertaining to artist solvents an d thinners were received by staff during this nine-month rulemaking process.

On April 1, 2009, W.M. Barr filed a petition for wr it of mandate and declaratory relief, challenging Rule 1143, primarily based on alleged i nadequacies of the environmental assessment, including its analysis of safety issues regarding the increased flammability as a result of compliant formulations that use acetone as an ex empt solvent.

On September 24, 2009, CARB amended the Consumer Pr oducts Regulations (CPR), with virtually the same VOC limits for consumer paint th inners and multi-purpose solvents, but with implementation dates of January 1, 2011 for the int erim VOC limit and January 1, 2014 for the final VOC limit. Additionally, CARB also included other provisions with statewide applicability, including the limitation of aromatic content, prohibition of the use of trichloroethylene, and limiting the use of products that exceed the 150 Global Warming Potential

1 See http://www.arb.ca.gov/consprod/geninfo/cpsmog. htm.

2 This estimate does not reflect additional VOC redu ctions proposed by CARB.

3 See Final 2007 Air Quality Management Plan, Chapte r 3.Proposed Amended Rule 1143 4 December 2010

(“GWP”). CARB also included a sell-through provisi on for 3 years and when combined with implementation dates, the 30% by weight VOC limit w ill not be fully implemented until January 1, 2014 and the 3% by weight VOC limit will not be fully implemented until January 1, 2017. CARB also provided language in their CPR to exempt artist solvents and thinners provided they were sold in containers with a capacity of 32 fluid ounces (one quart) or less and they were properly labeled to meet the labeling requirements as specified in ASTM D4236-94 (Reapproved 2005).

On December 7, 2009, the court upheld the AQMD’s en vironmental assessment except on the flammability issue. Subsequently, the AQMD filed a motion to limit the court’s remedy.

On April 1, 2010, the AQMD’s motion was granted in part, but the judgment and writ required the AQMD to vacate the final VOC limits of the 25 g /L VOC limit, and prepare an Environmental Assessment (EA) that considers the fi re hazard issue.

On June 4, 2010, the AQMD Governing Board amended R ule 1143 to comply with the court’s decision by rescinding the final 25 g/L VOC limit. The rescinding of the final 25 g/L VOC limit resulted in foregoing 3.81 tons per day of VOC emis sion reductions.

On July 9, 2010, Rule 1143 was amended to readopt the final 25 g/L VOC limit, effective January 1, 2011, and recover the foregone 3.81 tpd of VOC emissions. In addition, a supplemental environmental assessment that focused only on the fire hazard issue, was completed as directed by the court.

During the latter part of the July 2010 rule amendment process, staff rec eived comments regarding the need for an exemption relative to the solvents and thinners used by artists. On July 9, 2010, during the public hearing for the rule, st aff committed to explore and evaluate the request and come back with an amendment prior to th e end of the year, if necessary. Staff recognizes that Rule 1143 currently does not take i nto consideration the artist materials industry. Artist solvents and thinners specifically manufactu red for artists have been formulated, refined, and purified to eliminate impurities specifically f or artist applications. These niche products do not fall into the general category of consumer pain t thinners and multi-purpose solvents used for architectural coating thinning and clean-up.

On September 15, 2010, a public workshop for this p roject was held where CARB staff stated, in their discussions, that they would be changing thei r Consumer Product Regulation language to exempt Artist’s Solvents/Thinners sold in container s with a capacity of 34 fluid ounces to
accommodate 1 liter containers.



### IV. AFFECTED FACILITIES

Artist solvents and thinners have been formulated a nd refined to eliminate impurities from paint thinners and solvents specifically for artist appli cations, and do not fall into the general category of consumer paint thinners and multi-purpose solven ts. AQMD staff has worked with CARB inProposed Amended Rule 1143 5 December 2010

regard to consumer paint thinners and multi-purpose solvents and is aware that CARB surveyed artist solvents and thinners during their 2006 Cons umer and Commercial Products Survey (ARB 2007f) 4 . CARB found the emissions from the artist solvent s and thinners category had a minuscule effect on VOC reductions. In fact, CARB estimated that consumer artist solvent and thinner products in the state of California account ed for approximately 252.7 pounds per day (ppd) of VOC emissions. Approximately forty-five p ercent (45%) of that estimate or 114 (113.7) ppd of VOC emissions can be attributed to t he Basin. CARB also found that artist solvents and thinners are required to meet the Labe ling of Hazardous Art Materials Act (LHAMA) within the Federal Hazardous Substances Act which requires that any art material, including solvents, must meet the requirements in A STM D4236-94 (Reapproved 2005), the standard Practice for Labeling Art Materials for Ch ronic Health Hazards, to protect consumers of any age from potential health hazards of these prod ucts. CARB exempted the artist solvents and thinners, which they call “Artist’s Solvents/Thinne rs 5 ,” from the requirements of their CPR, provided said products are labeled to meet ASTM D42 36-94 (Reapproved 2005) and packaged in containers with a capacity of 32 fluid ounces or less. At a subsequent public workshop for this project that was held on September 15, 2010, CARB s taff stated in those discussions that they would be changing their Consumer Product Regulation language to exempt Artist’s Solvents/Thinners sold in containers with a capacit y of 32 fluid ounces to accommodate 1 liter containers. On September 29, 2010, CARB posted a p roposed modification to their definition of Artist’s Solvent/Thinner to replace the 32 (fluid) ounce container capacity limit with a 34 (fluid) ounce container capacity limit which will include 1 liter containers (1 liter = 33.8 fluid ounces).

There are approximately 19 manufacturers of artist solvents and thinners products exclusively for the artist industry. The artist industry also incl udes support organizations and AQMD staff has had several discussions and correspondences with bo th the Artist Creative Materials Institute (ACMI) and the National Art Materials and Trade Ass ociation (NAMTA) to further understand their specific uses. Artist solvents and thinners are typically sold through hobby, craft, and art material store outlets and through internet sales.



### V. DISCUSSION OF TECHNOLOGY TYPES FOR ARTIST SOLVEN TS AND THINNERS Artist solvents and thinners are manufactured speci fically for a variety of art-related uses; the most common is oil on canvas painting. Although th ere are products with a VOC content less than 25 g/L available and in use for consumer paint thinners and multi-purpose solvents, those may not be sufficient replacements for the currentl y used artist-related materials including turpentine, mineral spirits, odorless mineral spiri ts, and artist mediums. To meet the VOC limits in Rule 1143, consumer paint thinners and multi-pur pose solvents have been reformulated using the following technologies: 1) Aqueous technology w hich includes formulations made from water, detergents, chelating agents, alkaline build ers and various blends of surfactants and is typically used for multi-purpose cleaning agents; 2 ) Exempt solvents including acetone, PCBTF, and methyl acetate, as well as blends of the three; and; 3) Bio-based technology including methyl

4 CARB, 2006 Consumer and Commercial Products Survey, 2009, http://www.arb.ca.gov/consprod/regact/2006surv/2006 surv.htm

. 5 CARB, Consumer Products Regulations, August 7, 200 9, http://www.arb.ca.gov/regact/2009/cpmthd310/cpmthdi sor.pdf

.Proposed Amended Rule 1143 6 December 2010

esters is currently available for a variety of uses , including lowering the volatility of exempt
solvents. The artist solvents and thinners are use d specifically for arts and crafts and are broken down into the following solvent and thinner variant s.



### Turpentine Turpentine is the traditional solvent that is manuf actured from tree resins and has been used for oil on canvas painting for many years. Artist qual ity turpentines are further refined to remove the impurities commonly found in products sold at h ardware stores for general consumer use. Turpentine is also known as Spirit of Turpentine, O il of Turpentine, Genuine Turpentine, English Turpentine, Distilled Turpentine, Double Rectified Turpentine, and simply “Turps”.



### Mineral Spirits Mineral Spirits are a commonly used solvent that ar e manufactured from petroleum products. Mineral Spirits are generally less expensive than t urpentine and are a stronger solvent than Odorless Mineral Spirits. Mineral Spirits are used to reduce the viscosity of various acrylic resins to a range needed for application. Mineral Spirits are also used to remove (resolubilize) the varnish in case the artist is unhappy with the outcome of the painting and can be used for periodic cleaning or restoration of the work. Mine ral Spirits are also known as White Spirits.



### Odorless Mineral Spirits Odorless Mineral Spirits are also a commonly used s olvent that are manufactured from petroleum products. Odorless Mineral Spirits are m arginally more expensive than Mineral Spirits but have been manufactured with less of the harmful aromatic solvents found in Mineral Spirits. As in the case of Mineral Spirits, Odorle ss Mineral Spirits are used to reduce the viscosity of various acrylic resins to a range need ed for application. Odorless Mineral Spirits are also used to remove (resolubilize) the varnish in c ase the artist is unhappy with the outcome of the painting and can be used for periodic cleaning or restoration of the work.



### Citrus-Based Thinners Citrus-based thinners are manufactured from food-gr ade and technical-grade citrus oils and are nontoxic, nonflammable solvents that are used in so me arts and crafts applications. The major component used in citrus-based thinners is d-Limone ne, which is the oil extracted from citrus and citrus peels. The oil separated from the juice after the juicing process is the food-grade dLimonene and the citrus peels that are sent to a st eam extractor to extract the oil from the peel becomes the technical-grade d-Limonene. In Technic al-grade d-Limonene, the oil is collected after the steam is condensed by capturing the layer of oil floating on the surface of the condensed water. D-Limonene is known to have more than 95% p er volume of VOC.



### Artist Mediums Artist mediums are used to modify artist oil paint straight from the tube. The mediums can be used to lengthen the drying time of the paint, make it thinner, or alter the character of the paint
from what comes out of the tube. Mediums can be us ed to make the paint transparent or opaque and can also be used to alter gloss or matte sheen of the paint. Mediums are used for oil on canvas paintings to influence the color of a pigmen t.Proposed Amended Rule 1143 7 December 2010



### Brush Cleaners The most common application technique for an artist using paint is simply to apply the paint with a paint brush. There are several artist brush clea ners that are currently available to clean artist paint brushes after they were used to apply oil-bas ed paint. Artist paint brush bristles are made from animal hair such as hog’s bristles, mongoose h air, red sable (weasel hair), and Siberian mink. The hair possesses several important propert ies for the artist such as maintaining a superfine point, smooth handling, and good memory ( where the bristles return to their original point between brush strokes). There are also synth etic brushes available which can offer durability and cost effectiveness. The artist brus h cleaners have been formulated specifically for these types of paint brushes.



### VI. ARTIST INDUSTRY’S CONCERNS Staff had a meeting with several members from the a rtist industry to hear their concerns with Rule 1143 and the need for an exemption for artist solvents and thinners. One of the major concerns is the ability to continue the use of arti st solvents and thinners which are specifically formulated, refined, and purified to eliminate impu rities for artist applications. Antique oil paintings normally found in the museums are restore d by using specially formulated artist solvents designed specifically for painting restora tion. These antique paintings are protected by a coating of varnish, however, the varnish ages and must be removed before a new coat of varnish can be applied. This requires specialty ar tist solvents that will remove the varnish but will not attack the original painting oils. Other artist uses include using turpentine, tinted with paint, to make the special layering effects on an o il painting. Turpentine is also used for dissolving Damar varnish which is an essential solv ent for an artist. The Damar resin will only dissolve in Gum Turpentine. The other main concern from the artist industry is that artists use handmade brushes that can cost $50 to $150 per brus h. The brush is cleaned with turpentine and then oil, typically vegetable oil, is used to prese rve the brush while it’s not in use. The brush is cleaned with turpentine to clean the hairs of the o il before it is used again. The artist industry contends that an artist oil painting brush cannot b e cleaned using soap and water mainly due to the oil paint chemistry and the soap will dry out t he hairs. Cleaning a paint brush using
mechanical means will cause the brush hairs to brea k.



### VII. OVERVIEW: PROPOSED AMENDMENT TO RULE Staff is proposing an amendment to the rule that wo uld provide an exemption for artist solvents and thinners from the VOC requirements set forth in the rule. Staff believes this provision is necessary because artist solvent and thinner produc ts are designed to be used with specific-toartist solvent-borne paints, and successful low-VOC technology is currently unavailable.

AQMD staff researched the costs of artist solvents and thinners and compared them to equivalent products sold at home improvement, paint, and hardw are stores. AQMD staff found that for a common quart size, the artist products cost 67.6% m ore than the general use consumer paint thinners and multi-purpose solvents, whereas for th e gallon size, the artist products cost 54.1% more than the general use consumer paint thinners a nd multi-purpose solvents. CARB exempted the artist solvents and thinners, which they call “ Artist’s Solvents/Thinners,” from their CPRProposed Amended Rule 1143 8 December 2010

provided that they are labeled to meet ASTM D4236-9 4 (Reapproved 2005) and packaged in containers with a capacity less than or equal to 32 fluid ounces (the language in their CPR is expected to change the 32 fluid ounces maximum capa city to accommodate 1 liter maximum capacity).

Staff is proposing a new definition to be added to Rule 1143 for “ARTIST SOLVENTS/THINNERS.” This amendment proposes to exc lude artist solvents and thinners
that meet the above mentioned criteria from adherin g to the VOC requirements set forth in the rule for Consumer Paint Thinners & Multi-Purpose So lvents.

Staff is proposing to make changes to the rule that will clarify that recordkeeping and reporting requirements are applicable for the following exemp ted products:

• Solvents, provided that they are labeled and design ated exclusively for the clean-up of polyaspartic and polyurea coatings application equi pment.

• Thinners, provided that they are labeled and design ated exclusively for the thinning of Industrial Maintenance coatings, Zinc-Rich IM Prime rs, and High Temperature Coatings.

• Artist solvents and thinners, provided that they ar e labeled and designated exclusively to reduce the viscosity of, or remove, art coating com positions or components and are individually packaged in containers having a total capacity equal to or less than 1 liter.

AQMD staff believes that these measures will discou rage possible circumvention by nonexempted product users and will allow staff to moni tor and assess if use of these exempt products has substantially increased, which could i mply that they are being purchased for nonlabeled non-compliant uses.

Staff is also proposing to clarify that any consume r paint thinner or multi-purpose solvent that is manufactured prior to the effective date of the app licable limit specified in paragraph (d)(1) in the rule, and that has a VOC content above that lim it (but not above the limit in effect on the date of manufacture) may be sold, supplied, offered for sale, or used for up to one year after the specified effective date.

Therefore, staff is proposing to amend Rule 1143 by :

• Exempting artist solvents and thinners that are pro perly labeled and sold in containers that are one liter or less from applicable VOC limits.

• Defining artist solvents and thinners.

• Making changes to the rule to clarify that all exem pt products shall be subject to recordkeeping and reporting requirements.

• Making changes to the rule to clarify that the sell -through provisions for the final VOC limit do not apply to products that do not meet the inter im VOC limit.Proposed Amended Rule 1143 9 December 2010



### VIII. EMISSION IMPACTS Rule 1143 was developed to have two different VOC l imit reductions. The interim limit, currently in effect, as of January 1, 2010, limits any consumer paint thinner and multi-purpose solvent to 300 g/L VOC but offers a sell-through pr ovision up to December 31, 2010 to allow sales and use of high-VOC traditional solvents prov ided they were manufactured prior to January 1, 2010. When fully implemented, the interim reduc tion limit will reduce VOC emissions by 5.94 tons per day. The second reduction, the final limit, will commence on January 1, 2011 and the VOC limit will be reduced to 25 g/L. In additi on, any consumer paint thinner and multipurpose solvent manufactured prior to January 1, 20 11 will have a one-year sell-through allowance for products containing up to 300 g/L VOC . Furthermore, any consumer paint thinner and consumer multi-purpose solvent that exceeds 300 g/L VOC but also displays multiple uses on the container label including the thinning of in dustrial maintenance coatings and was manufactured prior to July 9, 2010, will be allowed a sell-through until April 1, 2011. When fully implemented, the 25 g/L VOC limit will reduce VOC emissions by another 3.81 tons per day thus resulting in a composite VOC emissions red uction of 9.75 tons per day. To recap, CARB’s 2006 Consumer and Commercial Products Survey found that the statewide VOC
emissions contribution for artist solvent and thinn ers was 252.7 pounds per day. AQMD staff
uses a 45% factor of the statewide emissions invent ory based on population distribution to determine the South Coast AQMD jurisdiction emissio ns contribution.

252.7 lbs/day * 0.45 = 113.7 lbs/day;

113.7 lbs/day * 1 ton/2000 lbs = 0.057 tons per da y Thus, the emissions foregone in the South Coast AQM D jurisdiction will be 113.7 lbs/day and is
summarized in Table VIII-1 below.



### TABLE VIII-1: BREAKDOWN OF EMISSIONS

INVENTORY DESCRIPTION VOC EMISSIONS (tpd)

Rule 1143 Interim VOC Limit (300 g/L) 5.94

Rule 1143 Final VOC Limit (25 g/L) 3.81

Total Existing Emission Reductions Applied to Rule1143 9.75

Artist Solvent/Thinner Exemption -0.057

Total Emission Reduction Applied to Rule 1143 9.69

The proposed amendments would result in an increase of 0.62% of VOC emissions foregone.

(9.75 tpd – 9.69 tpd)/9.75 tpd = 0.0062 = 0.62%Proposed Amended Rule 1143 10 December 2010



### IX. COST ANALYSIS PAR1143 results in a cost savings to the industry, since they will be able to continue business as
usual.



### X. INCREMENTAL COST-EFFECTIVENESS Under Health and Safety Code § 40920.6, the AQMD is required to perform an incremental cost analysis when adopting a Best Available Retrofit Co ntrol Technology (BARCT) rule or feasible measure required by the California Clean Air Act. To perform this analysis, the AQMD must (1) identify one or more control options achieving the emission reduction objectives for the proposed rule, (2) determine the cost effectiveness for each option, and (3) calculate the incremental cost effectiveness for each option. To determine incremental costs, the AQMD must
“calculate the difference in the dollar costs divid ed by the difference in the emission reduction potentials between each progressively more stringen t potential control option as compared to the next less expensive control option.”

The proposed amendments to Rule 1143 do not impleme nt a more restrictive BARCT or feasible control measure, and therefore § 40920.6 is inappli cable.



### XI. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Pursuant to California Environmental Quality Act (C EQA) and AQMD Rule 110, the AQMD staff has prepared a Draft Environmental Assessment (EA) and circulated it for a 45-day public review and comment period from September 30, 2010 t o November 16, 2010. No comments were received during the public comment period. Th e Draft EA has been revised and is now a Final EA. The only environmental topic identified in the Final EA that may be adversely affected by the proposed project is air quality. P AR 1143 would result in 113.7 pounds per day of VOC emission reductions foregone from exempting artist solvents and thinners, which exceeds the SCAQMD operational VOC significant thre shold of 55 pounds per day. Since the operational VOC emissions would exceed the applicab le significance threshold; VOCs are ozone precursors; and the district is classified as non-a ttainment for ozone; PAR 1143 may contribute to an existing or projected air quality violation. AQMD staff prepared Findings and a Statement of Overriding Considerations pursuant to state CEQA Guidelines §§15091 and 15093, respectively, regarding adverse environmental impac ts that cannot be mitigated to insignificance; and since no mitigation measures were identified a mitigation monitoring and reporting plan pursuant to CEQA Guidelines §15097 is not required.



### XII. SOCIOECONOMIC ASSESSMENT

PAR 1143 allows for an artist solvents and thinners exemption that provides regulatory relief
because low-VOC artist solvents and thinners are cu rrently not available on the market. Therefore, no socioeconomic impacts are anticipated from this proposal.



### XIII. DRAFT FINDINGS Health and Safety Code § 40727 requires that prior to adopting, amending, or repealing a rule or regulation, the AQMD Governing Board shall make fin dings of necessity, authority, clarity,Proposed Amended Rule 1143 11 December 2010

consistency, non-duplication, and reference based o n relevant information presented at the hearing. The draft findings are as follows:
Necessity – The proposed amendment to Rule 1143 is necessary to allow the availability and use of certain types of solvents and thinners that are of vital importance to the artist industry. In addition, an exemption for artist solvents and thin ners is required since no low-VOC alternatives have been identified for this niche category.
Authority - The AQMD Governing Board obtains its authority t o adopt, amend, or repeal rules and regulations from Health and Safety Code §§ 3900 2, 40000, 40001, 40440, 40441, 40702, 41508, and 41700.
Clarity - The AQMD Governing Board has determined that Pro posed Amended Rule 1143 - Consumer Paint Thinners & Multi-purpose Solvents, i s written and displayed so that the meaning can be easily understood by persons directly affect ed by it.
Consistency - The AQMD Governing Board has determined that Pro posed Amended Rule 1143 - Consumer Paint Thinners & Multi-purpose Solvents, is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, federal or state regulations.
Non-Duplication - The AQMD Governing Board has determined that Pro posed Amended Rule 1143 - Consumer Paint Thinners & Multi-purpose Solv ents, does not impose the same requirement as any existing state or federal regula tion, and the proposed amendments are necessary and proper to execute the powers and duti es granted to, and imposed upon, the AQMD.

Reference - In adopting this regulation, the AQMD Governing Board references the following statutes which the AQMD hereby implements, interpre ts or makes specific: California Health and Safety Code §§ 40001, 40440, and 40702.



### XIV. COMPARATIVE ANALYSIS Health and Safety Code Section 40727.2 As required by Health and Safety Code § 40727.2, th e purpose of this analysis is to identify and compare any other AQMD, state, or federal regulatio ns that apply to the same equipment or source type contained in this rule proposal. Staff identified one regulation authored by the California Air Resources Board (CARB) that shares r egulatory language with AQMD’s Proposed Amended Rule (PAR) 1143 – Consumer Paint T hinners and Multi-Purpose Solvents. CARB’s Consumer Products Regulations (CPR) is a mul ti-faceted regulation that regulates the consumer product industry including standards for m ulti-purpose solvents and paint thinners. Staff has worked extensively with CARB to make PAR 1143 as consistent as possible with CARB’s CPR. This amendment seeks to further align AQMD’s PAR 1143 with CARB’s CPR by proposing an amendment to include an Artist Solv ents/Thinners exemption for products that are properly labeled and sold in containers that ar e one liter or less from applicable VOC limits and to clarify that all exempt products shall be su bject to recordkeeping and reporting.

Affected sources under CARB’s CPR include multiple categories of consumer products, including multi-purpose solvents and paint thinners . The proposed amendment to PAR 1143 willProposed Amended Rule 1143 12 December 2010

result in minor VOC emissions foregone but does not affect existing VOC limits. Therefore, PAR 1143 does not impose a new emission limit or st andard, make an existing emission limit or standard more stringent, or impose new or more stri ngent monitoring, reporting or recordkeeping requirements [See California Health & Safety Code § 40727.2(g)].

Table XIV.1 immediately follows and shows a compara tive analysis between AQMD PAR 1143 and CARB’s CPR, for the multi-purpose and paint thi nners categories only. 

### TABLE XIV-1: COMPARISON OF AQMD PAR 1143 TO CARB’S **CPR**

**CATEGORY SCAQMD PAR 1143** 

**Consumer Paint Thinners & Multi Purpose Solvents**  

### CARB **Consumer Products Regulations Sections: 94508, 94509, 94510,**  **94512, 94513, and 94515**
Adoption Date March 9, 2009 August 6, 2010

Purpose Reduce VOC emissions from the use,

storage and disposal of consumer paint thinners & multi-purpose solvents commonly used in thinning of coating materials, cleaning of application equipment, or other solvent cleaning operations by limiting their VOC content Reduce VOC emissions for a wide varietyof consumer products including multipurpose solvent and paint thinner products which will partially fulfill the consumer product reduction commitment contained in the State Strategy for California’s 2007 SIP

Applicability (to whom) Rule 1143 applies to any person who sells,

offers for sale, or manufactures, or any person who uses or solicits the use of any consumer paint thinners & multi-purpose solvents in the District Except as provided in Sections 94509(i) and 95510, this article shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products for use in the State of California.

Applicability (jurisdiction) South Coast Air Quality Management

District Jurisdiction

Statewide Provisions: SCAQMD will recognize the statewide provisions set forth in the CPR, see “Other Elements” under General Prohibitions, shown in the CARB column, for details Applicable in all areas of California outside the South Coast Air Quality Management District

Statewide Provisions: See “Other Elements” under General Prohibitions for details

Averaging
Provisions Not Applicable Not Applicable

Units VOC Limit (Unit: Mass/Volume):

Grams/Liter (g/L) or Pounds/Gallon (lb/G) Tier 1 – 300 g/L (2.50 lb/Gal), {Eff 1/1/10} Tier 2 – 25 g/L (0.21 lb/Gal), {Eff 1/1/11} VOC Limit (Unit: %/Wt.): Percent by Weight VOC Determination Tier 1 – 30% by weight, {Eff 12/31/10} Tier 2 – 3% by weight, {Eff 12/31/13} Operating Parameters See Work Practices See Work Practices

Work
Practices Any solvent container subject to the rule

shall be closed when not in use. Solvent containers include: drums, buckets, cans, pails, trays or other application containers No work practices cited in CPRProposed Amended Rule 1143 13 December 2010

Method to
Determine VOC U.S.EPA Method 24

– or – SCAQMD Method 304 CARB Method 310

Monitoring Not Applicable Not Applicable



### TABLE XIV-1: COMPARISON OF AQMD PAR 1143 TO CARB’S **CPR, continued**

**CATEGORY SCAQMD PAR 1143** 

**Consumer Paint Thinners & Multi Purpose Solvents**  

### CARB **Consumer Products Regulations Sections: 94508, 94509, 94510,**  **94512, 94513, and 94515**

Reporting All manufacturers and distributors subject

to the rule shall report annually, a list of all their US distributors and on April 1 and each subsequent year thereafter, submit an Annual Quantity and Emissions Report. Proposed Amended Rule 1143 will clarify that all exempt products shall be subject to recordkeeping and reporting requirements All responsible parties for multi-purpose solvent and paint thinner products shall report data regarding product sales and composition for the year 2011.

Additional reporting requirements for Consumer Products that contain perchloroethylene or methylene chloride

Recordkeeping On or before April 1, 2010 and each

subsequent April each manufacturer subject to the rule shall maintain records for 5 years and such records shall be made available to the Executive Officer upon request Records to include: Product Formulation Records, Production Records, Distribution Records and Sales Records On or before June 30, 2012, all responsible parties for multi-purpose solvent and paint thinner products shall submit reports to the Executive Officer

Records to include: Company name, product name, category, product label, applicable product forms, and California sales



### TABLE XIV-1: CONTINUES ON NEXT PAGEProposed Amended Rule 1143 14 December 2010



### TABLE XIV-1: COMPARISON OF AQMD PAR 1143 TO CARB’S **CPR, continued**

**CATEGORY SCAQMD PAR 1143** 

**Consumer Paint Thinners & Multi Purpose Solvents**  

### CARB **Consumer Products Regulations Sections: 94508, 94509, 94510,**  **94512, 94513, and 94515**

Exemptions General Exemptions:

None

VOC Limit Exemptions: Solvents provided that they are labeled and designated exclusively for the clean-up of polyaspartic and polyurea coatings application equipment

Thinners provided that they are labeled and designated exclusively for the thinning of Industrial Maintenance (IM) coatings, Zinc-Rich IM primers, and High Temperature IM coatings

Artist solvents/thinners provided that they meet and are labeled to meet ASTM D4236- 94 and designated exclusively to reduce the viscosity of, or remove, art coating compositions or components and are individually packaged in containers having a total capacity equal to or less than 1 liter

No Small Container Exemption

No Low-Vapor Pressure Provision in Proposed Amended Rule 1143 General Exemptions: Until December 31, 2013, the VOC limits and the prohibition of Aromatic Compounds shall not apply to paint thinners with a capacity less than or equal to 8 fluid ounces
VOC Limit Exemptions: The CPR does not have a specific exemption for the clean-up of application equipment used for polyaspartic or polyurea coatings however, the definition for Multi-purpose Solvent, paragraph B, has language that states “Multi-purpose solvent does not include solvents used exclusively for the clean-up of polyaspartic and polyurea coatings” The CPR does not have a specific exemption for the thinning of Industrial Maintenance (IM) coatings however, the definition for Paint Thinners has language the states “products that are sold in containers of 5 gallons or more and labeled exclusively for the thinning ofIndustrial Maintenance Coatings, ZincRich Primers, or High Temperature Coatings” are not included in the definition of “Paint Thinner” Artist’s Solvent/Thinner provided they are labeled to meet ASTM D4236-95 (sic) and packaged in a container equal to or less than 32 fluid ounces (CARB has submitted an amendment to the CPR to increase the capacity to 34 fluid ounces)

Temporary exemption for paint thinners sold and packaged in small containers less than or equal to 8 fluid ounces until December 31, 2013 The VOC limits shall not apply to any Low–Vapor Pressure VOCProposed Amended Rule 1143 15 December 2010



### TABLE XIV-1: COMPARISON OF AQMD PAR 1143 TO CARB’S **CPR, continued**

**CATEGORY SCAQMD PAR 1143** 

**Consumer Paint Thinners & Multi Purpose Solvents**  

### CARB **Consumer Products Regulations Sections: 94508, 94509, 94510,**  **94512, 94513, and 94515**
General Prohibition: No person shall supply, sell, offer for sale, manufacture, blend, package, or repackageany Consumer Paint Thinners & MultiPurpose Solvents subject to Rule 1143 that contain in the excess of 0.1% by weight any Group II exempt compounds listed in Rule 102. Cyclic, branched, or linear methylated siloxanes (VMS) are not subject to this prohibition SCAQMD will recognize the statewide provisions set forth in the CPR, see adjacent column General Prohibition: The CPR has state-wide requirements that will be effective on December 31, 2010, when no person shall sell, supply, offer for sale, or manufacture for use in California any multi-purpose solvent or paint thinning that contains: Chemical compounds that have a Global Warming Potential (GWP) Value of 150 or greater Methylene Chloride, Perchloroethylene, or trichloroethylene Greater than 1% “Aromatic Compounds” by weight

Other Elements Sell-through Provision:

Tier 1 – One year (until January 1, 2011), allows sale and use of high–VOC solvents and thinners if manufactured prior to January 1, 2010 Tier 2 – One year (until January 1, 2012), allows sale and use of solvents and thinners that have more than 25 g/L VOC but less than 300 g/L VOC if manufactured prior to January 1, 2011

An additional sell-through provision for consumer paint thinners manufactured prior to July 9, 2010 and labeled for more than one use including industrial maintenance coating thinning, may be sold, supplied, offered for sale, or used up to April 1, 2011 Sell-through Provision: Tier 1 – Three years (until December 31, 2013, allows sale and use of high-VOC solvents and thinners if manufactured prior to December 31, 2010 Tier 2 – Three years (until December 31, 2016, allows sale and use of solvents and thinners that have more than 3 percent by weight VOC but less than 30 g/L percent by weight VOC if manufactured prior to December 31, 2013 Multi-purpose solvents and paint thinners that contain any chemical compound that has a GWP Value of 150 or greater; methylene chloride, perchloroethylene, or trichloroethylene; or greater than 1% aromatic compounds by weight and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013



### XV. DRAFT CONCLUSIONS AND RECOMMENDATIONS Staff recommends that Rule 1143 be amended as propo sed to align the artist solvents and thinners exemption with CARB’s CPR.



### XVI. PUBLIC COMMENTS AND RESPONSES This section presents the comment letter that was r eceived after the Wednesday, September 15, 2010 public workshop. The comment letter shows the paragraphs numbered which will correlate to staff responses following the reproduction of th e comment letter. The public commenting period started on September 15, 2010 and continued up to the deadline September 24, 2010.Proposed Amended Rule 1143 16 December 2010

The following comment letter was received on Septem ber 24, 2010 from Charles H. Pomeroy, Partner with McKenna Long and Aldridge, Attorneys a t Law, LLP, representing ACMI, the Art
& Creative Materials Institute. The letter also in cluded an attachment of a reproduced printed version of ASTM D4236-94 (Reapproved 2005) which is not reproduced in this report due to copyright laws.

**1**

**- 1** 

**1**

**- 2** Proposed Amended Rule 1143 17 December 2010 **1**

**- 3**  **1**

**- 2** Proposed Amended Rule 1143 18 December 2010

Response to Comment #1-1 Staff agrees with the comment that an Artist Solven t/Thinner exemption should be included in Rule 1143 but with the criteria of a size requirement, where any individual packaged container having a total capacity less than or equal to 1 liter and is label ed and designated exclusively to reduce the viscosi ty of, or remove, art coating compositions or components, and meets and is labeled to meet the requirements o f ASTM D4236-94 (Reapproved 2005) the Standard Practi ce for Labeling Art Materials for Chronic Health Hazards. Staff has worked extensively with CARB st aff to make the proposed rule language for the Arti st Solvents/Thinners as consistent as possible with th e language in their Consumer Products Regulation.

Response to Comment #1-2 Staff recalls the comment made during the public wo rkshop regarding potential circumvention of the proposed rule language for Artist Solvents/Thinners and that non-artist companies could go through the ASTM D4236-94 testing and thereafter sell the produ cts at home improvement stores such as Home Depot, Lowes, and other commercial hardware stores. The comment also points out that CARB and AQMD staff both commented at the public workshop th at the container size of less than 1 liter and cost of the product would preclude use by the non-artists o f the solvents. Staff has had discussions with CAR B
and was informed that solvents and thinners manufac tured exclusively for artists can cost 4 to 5 times the price a similar size (capacity) product commonly fo und at a Home Depot would cost. Staff verified the se costs and found that for a common quart size, the a rtist products cost 67.6% more than the general use consumer paint thinners and multi-purpose solvents commonly found in Home Depot, Lowes, and other commercial hardware stores, whereas for the gallon size, the artist products cost 54.1% more than the general use consumer paint thinners and multi-purpo se solvents. Staff believes that these higher cost s, even though much lower than CARB’s estimates, and t he 1 liter or less capacity requirement, will discourage circumvention by solvent and thinner use rs that do not use these types of products for nonartistic uses. Further, staff has reinforced the p roposed definition by adding the following: “ Artist Solvents/Thinners do not include commercial-grade s olvents or thinners ”. Finally, staff believes that monitoring sales trends would be a viable tool to d etect circumvention. Staff has revised the rule language in Rule 1143 to exempt Artist Solvents/Thi nners from the VOC requirements in paragraph (d)(1). This clarification will require recordkeep ing for all manufacturing and distribution faciliti es, artist and non-artist, as described in the rule, which wil l provide AQMD with data to monitor the sales trend s for Artist Solvents/Thinners, in addition to the ot her exempt products in the rule that are labeled an d designated exclusively for the clean-up of polyaspa rtic and polyurea coatings, and thinners that are labeled and designated exclusively for the thinning of Industrial Maintenance coatings, zinc-rich prim ers, and high temperature coatings. AQMD believes that all of these measures will discourage circumvention
and allow staff to monitor and assess whether the e xempt solvents are possibly being used improperly.

Staff also agrees with the comment that ASTM D4236- 94 does indeed have language in sections 2.1.2
and 2.1.12 where section 1.2 of the ASTM states ” This practice applies exclusively to art materials packaged in sizes intended for individual users of any age or those participating in a small group. ” This language in ASTM D4236-94 and the language in propo sed Rule 1143 paragraph (c)(1) both have language to require solvents and thinners that will be used for artist use shall be labeled and meet t he requirements in ASTM D4236-94.Proposed Amended Rule 1143 19 December 2010

Response to Comment #1-3 Staff agrees. Staff has revised the proposed rule language and replaced 32 fluid ounces with 1 liter. The new language will read “Artist solvents/thinners pr ovided that they are labeled and designated exclusi vely to reduce the viscosity of, or remove, art coating compositions or components and are individually packaged in containers having a total capacity equa l to or less than 1 liter.”Proposed Amended Rule 1143 20 December 2010



### XVII. REFERENCES
ASTM D4236-94 (Reapproved 2005), Standard Practice for Labeling Art Materials for Chronic Health
Hazards

CARB, 2006 Consumer and Commercial Products Survey, 2009, http://www.arb.ca.gov/consprod/regact/2006surv/2006 surv.htm

CARB, Consumer Products Regulations, August 7, 2009

, http://www.arb.ca.gov/regact/2009/cpmthd310/cpmthdi sor.pdf

AQMD Rule 1143 - Consumer Paint Thinners & Multi-Pu rpose Solvents, amended on June 4, 2010

AQMD Rule 1143 - Consumer Paint Thinners & Multi-Pu rpose Solvents, Current Amendment, amended on July 9, 2010

AQMD, Preliminary Draft Staff Report for Proposed A mended Rule 1143 - Consumer Paint Thinners & Multi-Purpose Solvents, posted on AQMD website on A ugust 24, 2010

AQMD, Proposed Amended Rule 1143 - Consumer Paint T hinners & Multi-Purpose Solvents, posted on AQMD website on August 24, 2010