**UNITED STA TES ENVIRONMENTA** **L PROTECTION A GENCY**  **REGION IX A IR DIVISION** 

Technical Support Document

for EPA’s Rulemaking for the California State Implementation Plan Santa Barbara County Air Pollution Control District Rule 323.1

Architectural Coatings

Prepared by: Arnold Lazarus Reviewed by: Andrew Steckel September 20151

**RULE IDENTIFICA TION** 
- **Ag ency**  Santa Barbara County Air Pollution Control District

(SBCAPCD) **SIP A pproved**  **Rule** There is no previous version of this rule **Subject of this TSD**  Rule 323.1 Adopted June 19, 2014

Submitted

– November 6, 2014 **Completeness Finding**  Determination of Completeness letter: December 18,

2014 **Effective Date of Rule**  January 1, 2015

**BA CKGROUND**  **–** The SBCAPCD has been classified for the 8
- hour ozone standard as unclassifiable/ attainment. According to the Staff Report,” The intent of new Rule 323.1 is to reduce volatile organic compound (VOC) emissions from coatings used in the painting of buildings and other structures. ” 1

“The Santa Barbara County Air Pollution Control District (District) expects Rule 323.1 will reduce VOC emissions by about 98 tons per year (TPY) in planning year 2020, thereby cleaning the air and allowing progress toward meeting state health standard for ozone. The estimated 98 TPY emission reduction is in addition to the emission reduction already achieved by the existing Rule 323.” 2

“ Current Rule 323 established limits on the VOC content of architectural coatings supplied, sold, offered for sale, applied, solicited for application, or manufactured for use within the District. W e propose to update the architectura l coatings rule requirements in a new Rule 323.1 and ultimately phase out Rule 323. W ith this approach, stores can sell existing Rule 323
- compliant coatings up to three years after Rule 323.1 becomes effective. ” 3

“ Staff proposes to lower architectural coating VOC content limits for consistency with the California Air Resources Board Suggested Control Measure (SCM) for Architectural Coatings (adopted October 26, 2007), which other air districts have adopted and implemented. ” 4 i This is being accomplished by an alignment that is almost identical to the SCM except for section numbers , headings , added definitions, updated VOC exemption s and updated testing methods. **RULE SUMMA RY**  **–** SBCAPCD Rule 323.1 controls VOC emissions from architectural coatings by establishing VOC limits on any architectural coating that is supplied, sold, offered for sale or manufactured for use within the SBCAPCD

. Architectural coatings are coatings that are applied to station ary structures and 1 P roject D escription S ummary of the Effects of New Rule 323.1, Architectural C oatings (Staff Report), SBCAPCD, May 15, 2014. P1. 2 Ibid

. 3 Ibid

. 4 Ibid

.2

their accessories. They include house paints, stains, industrial maintenance coatings, traffic coatings, and many other products. VOCs are emitted from the coatings during application and from the associated solvents used for thinning an d clean
- up
. Rule 323.1 establishes more stringent VOC limits than SBCAPCD’s existing architectural coating Rule 323, but Rule 323.1 allows sources to sell existing stock of higher
-VOC coatings for three years. After the three
-year sell
through period expi res, SBCAPCD intends to remove Rule 323 and rely only on the more stringent Rule 323.1 **EVA LUA** **TION CRITERIA -**  The following criteria were used to evaluate the submitted rule

. 1. Enforceability
- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability. 2. Stringency

– SBCAPCD has been classified for the 8
- hour ozone standard as unclassifiable/attainment . The district has no obligation to satisfy Clean Air Act (CAA) section 182 Reasonably Available Control Techniques (RACT) or other similar CAA stringency thresholds because architectural coating is an area source and not a stationary source and because the area is not a moderate or above ozone nonattainment area

. Nonetheless, we have evaluated the rule for RACT
- level control s as well as against EPA’s National Volatile Organic Compound Emission Standard for Architectural Coatings (4 0 CFR Part 59 Subpart D ) , and against the California Air Resources Board’s (CARB) Suggested Control Measures (SCM) for Architectural Coatings , which is the basis for most of the most stringent architectural coating requirements in California

. 3. SIP Relaxation
- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment an d reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA § 193 prohibits the modification of any SIP
approved control requirement in effect before November 15, 1990, in a nonattainment area. In applying these cri teria to the submitted rule, we referred to the following guidance and policy documents: 1. Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and Deviations (the "Blue Book"), US EPA, OAQPS (May 25, 1988). 2. Guidance Document for Correcting Common VO C and Other Rule Deficiencies , EPA Region IX (August 21, 2001, the “Little Bluebook”).3

3. State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 4. Final Rule To Implement the 8
-Hour Ozone NAAQS

– Phase 2 , 70 FR 71612 ( Nov. 25, 2005). **EPA EVA** **LUA TION**  **-** A summary of our evaluation of the three criteria follows. 1. To help ensure enforceability, the rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Rule 323 .1 consistently. 2. Rule 323.1 is as stringent as the SCM and more stringent than 40 CFR Part 59 Subpart D. Therefore we determine that it implements RACT
- level controls. 3. Rule 323.1 is more stringent than the existing requirements in Rule 323. Therefore, we propose to determine that our approval of the submittal would comply with CAA §§ 110(l) and 193 because (1) the proposed SIP revision would not interfere with the on
-goi ng process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are more stringent than the existing SIP
- approved control requirements that they would replace. **RULE DEFICIENCIES**

– W e find no deficiencies with Rule 323.1 to preclude anything but a full approval of Rule 323.1. **EPA A** **CTION**
- The submitted Rule 323.1 strengthens the SIP, and the associated District staff report projects it will reduce VOC emissions by approximately 98 tons/year in 20 20

. The rule largely fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends full approval of Rule 323.1 pursuant to CAA §110(k)(3) and §301(a). **REFERENCES** 1. “Issues Relating to VOC Regulation Cutpoints, Defic iencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 ( http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf). 2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 ( http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf). 3. P roject D escription S ummary of the Effects of New Rule 323.1, A rchitectural Coatings (Staff Report) , SBCAPCD, May 15, 2014.4

4. SBCAPCD Rule 323 , Architectural Coatings, adopted November 15, 2001 ; granted a limited approval limited disapproval into the SIP , January 2, 2004 (6 9 FR 34 )

. 5. SBCAPCD Rule 323.1 Architectural Coatings, Adopted June 19, 2014 , Submitted November 6, 2014

. 6. CARB SCM for Architectural Coatings, Approved October 26 , 2007. 7. EPA’s National Volatile Organic Compound Emission Standard for Architectural Coatings (40 CFR Part 59 Subpart D).