SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4653 (ADHESIVES AND SEALANTS) 

September 16, 2010 

DISCUSSION: 

Rule 4653 was adopted by the District Governing Board on March 17, 1994 and has 

since been amended six times. In Septernber 2008, the Environmental Protection 

Agency (EPA) promulgated a Control Techniques Guideline (CTG) for Miscellaneous 

Industrial Adhesives (EPA-453lR-08-005); to which EPA provided a one-year period for 

the submittal of the SIP revision in response to the CTG. As such, the District 

Governing Board adopted amendments to incorporate the CTG requirements in 

September 2009. The 2009 amendments included VOC content limits for certain 

adhesives products and new work practice requirements. 'The effective date of the most 

recently adopted VOC content limits is January 1, 201 1. 

Currently, the adhesives source category includes any person who supplies, sells, 

offers for sale, or applies any adhesive product, or associated solvents, for use within 

the San Joaquin Valley Air Basin (SJVAB). This rule-amending project incorporates the 

more stringent VOC limits for adhesives currently enforced in several other air districts 

in California, and adds sealant products to rule requirements. Proposed amendments 

make this rule more stringent than other adhesives and sealants rules in other air 

districts in California and satisfies a commitment in the 2007 Ozone Plan. 'The 

proposed effective date of new VOC content limits and new adhesive and sealant 

product requirements is January 1, 2012. 

Summary of Proposed Amendments to Rule 4653 

The following is a summary of proposed amendments to Rule 4653: 

Section 3.0 - Definitions 

The "Definitions" section would be expanded from 97 definitions to 140 definitions. The 

added definitions would clarify current rule requirements as well as provide for the 

addition of sealant products, and new adhesive product categories to rule language. 

Section 4.0 - Exemptions 

This section would be amended to include sealant products. 

Section 5.0 - Requirements 

Adhesive product VOC content limits would be amended to make the limits as stringent 

as adhesive VOC limits in other air districts. Additionally, sealant products and new 

adhesive product categories not previously regulated or previously regulated as another 

adhesive product with a higher VOC content limit would be added to rule language. 

Staff is proposing a sell through period be added to rule language similar to that in the 

District Architectural Coatings Rule (Rule 4601) to provide a sell through period of 12 

months after the effective date of new VOC content limits to provide an opportunity for 

manufacturers and retailers to sell any stock on hand. Additionally, the District would 

allow the application of any adhesive and sealant products for up to 24 months after the 

effective date of the new VOC content limits to allow users to use any products 
S JVUA PCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4653 (ADHESIVES AND SEALANTS) 

September 16, 2010 

purchased during the 12-month sell-through period. A labeling requirement would be 

imposed on products used during the sell through period for compliance purposes. 

Section 6 - Administrative Requirements 

Administrative requirements would be amended to include sealant products. 

Emission Reduction Analysis 

The SIP commitment in the Ozone Plan calls for this rule project to reduce VOC 

emissions from this source category by 3% from the baseline inventory, upon rule 

implementation. Proposed amendments would reduce VOC emissions by an estimated 

18%, far exceeding the District's SIP commitment. Details of the emission reduction 

analysis are presented in Appendix B of the Final Draft Staff Report. 

Cost Effectiveness Analysis 

The California Health and Safety Code 40920.6(a) requires District staff to conduct a 

cost effectiveness analysis of available emission control options prior to adopting each 

Best Available Retrofit Control Technology (BARCT) rule. The analysis serves as a 

guideline for developing the control requirements of the rule. For this project the 

compliance costs are associated with purchasing new adhesive, adhesive primer, 

sealant and sealant primer products with complaint VOC content limits. District staff 

used available cost information obtained from Internet searches, store visits, and staff 

reports from other Air Districts to conduct a cost effectiveness analysis of the proposedamendments to Rule 4653. Products with proposed adhesive and sealant VOC content 

limits are readily available at the same price points as adhesives products with current 

VOC content limits that will become non-compliant upon rule implementation on 

January 1, 2012. Availability of product, combined with the proposed sell through 

period of 12 months for existing products and 24 month provision for use of no longer 

compliant materials has led staff to conclude that there would be no significant adverse 

impacts on the profitability of businesses affected by the rule. Details of the cost 

effectiveness analysis are presented in Appendix C of the Final Draft Staff Report. 

Socioeconomic Analysis 

Pursuant to CH&SC 40728.5, "whenever a district intends to propose the adoption, 

amendment, or repeal of a rule or regulation that will significantly affect air quality or 

emissions limitations, that agency shall, to the extent data is available, perform an 

assessment of the socioeconomic impacts of the adoption, amendment, or repeal of the 

rule or regulation." Staff has determined there would be no significant socioeconomic 

impacts from this rule-amendment project. 
SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4653 (ADHESIVES AND SEALANTS) 

September 16, 201 0 

Rule Consistency Analysis 

Pursuant to CH&SC 40727.2, District staff has prepared a rule consistency analysis that 

compares the elements of amendments with the corresponding elements of other 

District rules, federal regulations and guidelines that apply to the same source category 

or type of equipment. District staff found that the proposed amendments and 

requirements of this rule would not conflict with federal rules, regulations, or policies 

covering similar stationary sources. The rule consistency analysis is presented in 

Appendix D of the Final Draft Staff Report. 

Environmental Impacts 

Pursuant to the California Environmental Quality Act (CEQA), staff investigated the 

possible environmental impacts of ,the proposed amendments to Rule 4653. Based on 

the lack of evidence to the contrary, District staff has concluded that the proposed 

amendments to the rule will not have any significant adverse effects on the 

environment. As such, staff recommends filing a Notice of Exemption under the 

provisions of Public Resource Code 15061 (b)(3). 

Rule Development Process 

As part of the rule development process, public workshops were held in February and 

July 201 0 to present the draft rule amendments and seek additional comments from the 

public. Staff incorporated comments received during the rule development process as 

appropriate. 

The notice of the public hearing for the proposed rule amendments was published in 

general circulation newspapers in each of the eight San Joaquin Valley counties, and 

was made available for review on the District website. The public notice solicited written 

comments to be submitted, and identified the name and telephone numbers of the 

District staff who can answer questions and respond to comments. A summary of the 

comments received and District responses are presented in Appendix A of the Final 

Draft Staff Report. 

Issues and Responses 

During the rule-amending process, staff received one stakeholder comment. The 

commenter expressed concern regarding the feasibility of PVC welding adhesives with 

the existing 500 gll VOC content limit that would take effect on January I, 201 1. The 

VOC content limit was lowered from 51 0 gll to 500 gll in September 2009 in response to 

the 2008 EPA Control Techniques Guideline (CTG) for Industrial adhesives. 
SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4653 (ADHESIVES AND SEALANTS) 

September 16, 2010 

In response to the comment, staff further researched the availability of PVC welding 

adhesives with a 500 gll VOC content and the technological feasibility of manufacturing 

it. Conversations with staff from EPA Region IX indicated that the 500 gll VOC content 

limit in the CTG for PVC welding adhesives may have been an oversight and is not 

tect~nologically feasible at this time. EPA now concurs with the previous VOC content 

limit of 510 gll and recommends the District adopt this limit. 

No emission reductions were claimed from this adhesive category during the 2009 ruleamending project. Because the VOC content limit has yet to take effect and no 

emissions reductions were claimed, there will be no increase in emissions from this 

rule-amending project. 'The 500 gll VOC limit has not been approved into the District's 

SIP by EPA, and this proposed action would thus not constitute a SIP relaxation. 

FISCAL IMPACTS: 

District staff expects no fiscal impact to the District to result from this action. 

Attachments: 

Resolution for Proposed Amendments to Rule 4653 - (5 pages) 

Proposed Amendments to Rule 4653 - (34 pages) 

Final Draft Staff Report with Appendices for Proposed Rule 4653 - (54 pages)