## PLACER COUNTY
AIR POLLUTION CONTROL DISTRICT

STAFF REPORT

RULE 2 35

ADHESIVES

PROPOSED RULE AMENDMENT S

October 11 , 2012Staff Report

– Revision to Rule 2 35 September 11, 2012 Page 2

BACKGROUND

The Placer County Air Pollution Control District (District) jurisdiction is Placer County . Placer County is located in northern California, bordering Sacramento County to the west and the State
of Nevada on the east. Placer County is divided into three different air basins: the Sacramento Valley Air Basin (SVAB); the Mountain Counties Air Basin (MCAB); and th e Lake Tahoe Air Basin (LTAB). The portions of Placer County in the SVAB and MCAB are included in the Sacramento
Federal Ozone Non

- Attainment Area (SFONA). The ` SFONA h as been classified as “severe”

non

- attainment for the National Ambient Air Quality Standard (NAAQS) for eight

- hour ozone, as
well as non

- attainment with the State of California Ambient Air Quality Standard for ozone. The U.S. Environmental Protection Age n cy’s (EPA) Phase 2 Ozone Rule

– contained in 40 CFR
51.912 and 70 FR 71612 , in accordance with Clean Air Act (CAA) Amendments of 1990, Sections 182(b)(2) and 182(f)

– requires that areas that are classified as moderate non

- attainment or higher must demonst rate in a State Implementation Plan (SIP) that their rules fulfill Reasonably Available Control Technology (RACT) requirements for volatile organic c ompound (VOC ) and nitrogen oxides (NOx) which are ozone precursors

. The implementation of RACT requires, at a minimum, District r ules covering source categories with RACT guidance documents, which
include all EPA

- issued Control Technique Guideline s (CTG ’s ) , where there are such sources that operate in the District

.

Distri ct Rule 235, Adhesives , limits VOC emissions from adhesive and sealant products application and associated solvent cleaning operations. The Rule was originally adopted on June 8, 199 5

, and approved into the SIP on July 18, 1996 ( 61 FR 37390 ). Rule 235 was later
amended on April 10, 1997

, and last amended on April 8, 2004

. Neither of these rule versions has been approved into the SIP

. In September 2008 , the EPA issued a CTG for Miscellaneous
Industrial Adh esives (EPA

- 453/R

- 08

- 005)

. The 2004 version of our Rule did not meet all the CTG requirements , as per EPA’s comments received by the District on August 31, 2010

. Thus , the District is proposing amendments to Rule 235 to meet RACT SIP obligations through implementation of all CTG requirements

.

The p roposed Rule amendments affect all those who buy, sell, offer to sale, or apply adhesive, adhesive primer, sealant and sealant primer products within the District. This includes a wide range of businesses , wholesale and retail stores, individuals , and permitted stationary sources

.

Additionally, t he District has one (1) permitted non

- major source in the category of Adhesives manufacturing

. The business name for this source is :

**•** H.B. Fuller Company

DISCUSSION

Rule 23 5 amendments were m ade based on : (1) EPA’s 2008 CTG for adhesives; (2) EPA ’s

comments that were received on August 31, 2010

, in response of our submittal of the current April 2004 version of Rule 235 for SIP approval ; and (3) E stablish ment of consistency with other
local Air D istric ts ’ adhesives and sealants rules

.

T he District reviewed Adhesives and Sealants Rules of other local Air Districts, including:

**•** El Dorado , Rule 236, Adhesives

, last a mended on July 25, 1995.

**•** Sacramento, Rule 460, Adhesives and Sealants

, last amended on November 11, 2000.

**•** San Joaquin

, Rule 4653

, Adhesives and Sealants

, last amended on September 16, 2010

.

**•** Yolo

- Solano, Rule 2.33

, Adhesive Operations

, last amended May 14, 2008.Staff Report

– Revision to Rule 2 35 September 11, 2012 Page 3

We also reviewed rules from:

**•** San Diego, Rule 67.21, Adhesive Material Application Operations , last amended on May 14, 2008.

**•** South C o ast, Rule 1168

, Adhesive Material Application Operations , last amended on January 7, 2005.

These Districts are designated as non

- attainme nt areas for the Federal national ambient air quality standard for ozone. Thus , they also are required to implement CTGs in their rules.

Proposed Rule amendments, in underline/strikeout format, are shown in Attachment #1. Specific changes to the R ule in clude:

Section 100. General

Section 102. Applicability

. Subsection s 102.1 and 1 02 .2 are consolidated into one section

.

Section 104.2 Exemptions. The exemption for contact adhesives is modified t o be consistent with the requirements of the EPA Consumer Product S afety Commission regulations contained in the U.S. Code of Federal Regulations, Title 16, Part 1302 . Additions
include a flash point requirement and clarification that the exemption only applies to consumer products contact adhesives that are used at a home , construction site, or at any location other than a stationary source.

Section 104.8

. Exemptions. An exemption is added to exclude all adhesive materials that
fall under other District rules

.

Section 200. Definitions

Definitions that are eliminated include : Aerosol adhesive primer, Low

- volume low

- pressure (LVLP) application equipment, PolyVinyl C hloride (PVC) welding sealant , Volatile organic

c ompound (VOC) as applied, Volatile organic c ompound (VOC) as supplied. Addit ionally, Solvent Welding definition is mistakenly listed twice; therefore, one of the definitions was
deleted.

Definitions that are added include : Airless spray, E thylene propylene diene monomer (EPDM), Motor vehicle, Motor vehicle adhesive, Motor vehicle weatherstrip adhesive, Perimeter bonded sheet flooring installation adhesive, Plastic foam, Reinforced plastic

comp osite, Single

- ply roof membrane adhesive, Single

- ply roof membrane adhesive prim er, Sin gle

- ply roof membrane sealant, Sheet rubber lining installation, VOC content , Indoor carpet adhesive, VCT and asphalt tile adhesive, Structural wood member adhesive, Rubber vulcanization bonding, Top and trim adhesive.

Def initions that are amended include: Adhesive, Architectural sealant/primer, Aerosol adhesive or Adhesive primer, Aerosol clean ing solvent, Contact adhesive, Cyanoacrylate adhesive, High

- volume low

- pressure (HVLP) application equipment, Household adhesive,
K ey system operat ing parameter

, Indoor floor covering installation adhesive, P lastic cement welding adhesive

, Porous material, Single

- ply roof membrane

.

Section 300. Standards

Section 301

. Material Application Methods

. Changes to the section include:Staff Report

– Revision to Rule 2 35 September 11, 2012 Page 4

**•** Subs ection 301.1.8, Low

- volume low

- pressure (LVLP)

, is r e moved because it is not
allowed by the CTG.

**•** Subsections 301. 1.10, 301.1.11, and 301.1.12 are consolidated into one subsection. Additionally, a llowing the use of those methods for adhesives and sealants product with viscosity of 200 centipoise or greater is added.

Section 302

. VOC Content L i mits

. Changes to the section include:

**•** The following n ew a dh e sives sub

- categories

, and a ppropriate VOC content limits

, is
added

, used by the CTG and /or other A ir D istricts rules :

- Indoor Carpet or Carpet Pad

- Rubber Flooring

- Subfloor Installation

- VCT and Asphalt Tile Installation

- Structural Wood Member Glazing

- Rubber Vulcanization Bonding

- Motor Vehicle

- Motor Vehicle Weatherstrip

- Top and Trim

- Ceramic Tiles

- Dry Wall and/or Panel

- Plastic Foam

- Wood

- Reinforced Plastic Composite

**•** PVC Welding Sealant sub

- category and VOC content limit is eliminated . T he limit expired on April 8, 2002. This product is now included in the “other” sub

- category.

**•** Adhesive primers sub

- categories

– Automotive Glass, Plastic Cement Welding, Single

- Ply Roof Membrane, Traffic Marking Tape, and Other

– as listed in Table 302

- 2 are moved to Table 302

- 1

. Table 302

- 2 is deleted.

**•** Contact adhe sive sub

- categories as listed in Table 302

- 3 are moved to Table 302

- 1.
Table 302

- 3 is deleted.

**•** Sealant sub

- categorie s

– Architectural, Marine Deck, Non

- membrane Roof Installation/Repair, Roadway Sealant, Single

- Ply Roof Membrane Sealant, and Other

– as listed under Table 302

- 4 are moved to Table 302

- 1

. Table 302

- 4 is deleted.

**•** Sealant primers categories

– Architectural

- Non

- Porous

, Architectural

– Porous, Marine Deck, and Other

, listed in Table 302

- 5 are moved to Table 302

- 1

. Table 302

- 5 is
deleted.

**•** A few VOC content limits that were provided in pounds per gallon are corrected.

Section 303. Content Limits, Aerosol Adhesives and Adhesive Primers

. The title of this
section is changed to VOC Content Limits for Aerosol Adhesives

. Aerosol Adhesive Primers

are eliminated from the title since there are no applicable VOC content limits for aerosol adhesives primers. Also

, the following has been added to cite the origin of the standards provided for aerosol adhesives : “ in the Air Resources Board consumer products regulation found in Title 17 of the California Code of Regulations, sections 94507

– 94517, and listed.”Staff Report

– Revision to Rule 2 35 September 11, 2012 Page 5

Section 304

. VOC Content Limits, Surface P reparation, C leanup and Stripping S olvents

. Changes to this section include:

**•** T he sub

- category titles are modified to add clarity

.

**•** The VOC content limit of Electronic Components and Medica l D evices sub

categories are revised to be as stringent as th at for the same sub

- categories in
District Rule 240, Surface Preparation and Cleanup

.

**•** The VOC content for Soaking Application Equipment in a Closed Container sub

category was corrected to 9.5 instead of .5 Partial Pressure Millimeters of Mercury at

20 **°** C. The 9.5 mm Hg composite partial pressure limit was the maximum allowable
limit for this sub

- category in our 1995 version of the Rule that was approved into the
SIP on July 18, 1996. Therefore, the .5 mm H g is believed to be a mistake occurred during the last amendment process of the Rule in 2004.

Sect ion 305

. Work Practices for Adhesive Products

, Sealant P roducts and S olvent C leaning
M aterials

. New provisions have been added for work p ractice s requirements to meet those
contained in the CTG.

Section 400. Administrative Requirements

Section 404. Operation and Maintenance Plan

. T his section is moved to S ection 306 .3.

Section 405

. C alculation for D etermining VOC C ontent of Material Excluding Water and
E xempt C ompounds

. This section is moved to Subsection 2 90 .1

.

Section 406. Calculation for D etermining VOC Content of Material Including Water and Exempt C ompounds

. This section is moved to Subsection 2 90 .2

.

Section 407. C alculation of P ercent of VOC by W eight

. This section is moved to Subsection

2 90 .3.

Section 403. Labeling Requirements for Aerosol A dhesives. T his s ection is moved to Section 40 5

.

Section 403 . HVLP M arking

. New r equirements for HVLP marking are added to S ection 403.

Section 409. Calculation for VOC Composite Partial Pressure. This section is moved to
Section 288.

Section 4 10

. Product I nformation Requirements for S ellers

. The title of this s ection is changed to Labeling R equirements

, and n ew provisions are added to this s ection

.

Section 500. Monitoring and Record

Section 502. 5

. Determination of Control Efficiency

. Test methods to measure emissions of exempt compounds are added.

Section 502.12. Determination of Viscosity. Test methods to measure viscosity of adhesives

are added.

Further

, a pplicable t est methods references are updated to the most approved current
versions.Staff Report

– Revision to Rule 2 35 September 11, 2012 Page 6

Miscellaneous

Additional miscellaneous changes are made for readability and conformance with the CTG which have no impact on the compliance requirements of the Rule.

ANALYSIS

The following Analysis and the subsequent Findings are intended to address the requirements set
forth in the California Health and Safety Code relating to adoption of a new or ame nded District Rule,
as well as other State statutes referenced herein.

1. Cost

- Effectiveness of a Control Measure

California Health & Safety Code (H& S) Section 40703 requires a District to consider and make public “the cost

- effectiveness of a control measure”. The compliance costs of the proposed rule amendments are associated with purchasing adhesives and sealant products with complaint VOC content l imits an d meeting new work practices . Products that meet proposed adhesive and sealant VOC content limits are well

- established to be readily
available at the same price points as adhesives products that will become non

- complaint
when t he proposed amendmen ts will become effective on October 11

, 2013. Thus, staff
conclude s there will be no significant adverse impacts on the profitability of busin ess affected by the Rule. T he cost effectiveness is acceptable by the EPA and other Air D istricts
that have already implemented the CTG requirements.

2. Socioeconomic Impact

H&S Section 40728, in relevant part, requires the Board to consider the socioeconomic impact of any new or amended rule if air quality or emission limits are significantly affected.
N umerous existing adhesive operations are already operating in compliance with the
amended rule standards.

3. Environmental Review and Compliance

California Public Resources Code Section 21159 requires an environmental analysis of the reasonably foreseeable methods of compliance should be conducted. Compliance of the proposed rule amendment is expected to be achieved by the replacement of current coating products with compliant compounds. Application of these compliant compounds will generally r esult in less VOC emissions from the coating activities. Therefore, the proposed rule amendment will reduce emissions from sources and will not cause any significant adverse effects on the environment. Staff has concluded that no adverse
environmental im pacts will be caused by compliance with the proposed rule amendment.

According to the above conclusion, Staff finds that the proposed rule amendment is exempt from the California Environmental Quality Act (CEQA) because : (1) it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment (CEQA Guidelines §15061(b)(3))

, and (2) it is as an action by a regulatory agency for protection of the environment (Class 8 Categorical Exe mption, CEQA Guidelines §15308).

FINDINGS

A. Necessity : The adoption of proposed amended Rule satisfies the objective of the District

to implement “ Control Technique Guidelines ” for the reduction of VOCs to achieve
attainment with ambient air standards for ozone , and meets the District’s requirements to implement “every feasible measure” and “Best Available Retrofit Control Technology” as required under California Health and Safety Code Sections 40919 and 40914

.Staff Report

– Revision to Rule 2 35 September 11, 2012 Page 7

B. Authority : Califor nia Health and Safety Code, Sections 40000, 40001, 40701, 40702, 40716, 41010, and 41013, are provisions of law that provide the District with the authority

to adopt this proposed amended R ule.

C. Clarity : There is no indication, at this time, that the proposed amended R ule is written in such a manner that persons affected by the R ule cannot easily understand them.

D. Consistency : The proposed amended Rule is in harmony with, and not in conflict with or

contr adictory to, existing statutes, court decisions, or state or federal regulations.

E. Non

- duplication : The proposed amended Rule does not impose the same requirements as an existing state or federal regulation.

F. Reference : All statutes, court decisions, and other provisions of law used by the District in interpreting this proposed amended Rule are incorporated into this analysis and this finding by reference.

SUMMARY

Rule 2 3 5, Adhesives , has been amended to address control guidance contained in the U.S

. EPA’ s CTG
for Miscellaneous Industrial Adhesives issued in 2008 (EPA

- 453/R

- 08

- 005)

.

### ATTACHMENT # 1

Subject:

Proposed Amended Rule 23 5

, Adhesives

( S trikeout copy)