SAN DIEGO AIR POLLUTION CONTROL DISTRICT

Public Notice Draft / Rule 67.0 -1- 10/25/01 – LY/ls PROPOSED AMENDMENTS TO RULE 67.0

Amendments are to read as follows:

RULE 67.0. ARCHITECTURAL COATINGS

(a) APPLICABILITY

(1) Except as provided in Section (b), t T his rule is applicable to any person who

manufactures , supplies, sells, offers for sale, applies, or sol icits the application of, any architectural coating for use within San Diego Coun ty

.

(2) Rule 66 shall not apply to any coating subject to this rule.

(b) EXEMPTIONS

The provisions of Section (d) of this rule shall n ot apply to the foll owing coatings:

(1) This rule shall not apply to:

(i) Any architectural coating that is sold or manufact ured for use outside of San Diego County or for shipment to other manufactu rers for reformulation or repackaging.

(ii) Any non

- refillable aerosol coating product.

(iii) Any architectural coating that is sold in a contai ner with a volume of one liter (1.057 quart) or less.

(1) Architectural coatings supplied in containers havi ng capacities of one liter or less;

(2) Architectural coatings sold in non

- refillable aerosol containers having capacities of one liter or less:

(iv 3 ) Emulsion-type bituminous pavement sealers applied to roads

. (2) The provisions of Subsection (d)(1) shall not appl y to lacquers applied on days with relative humidity greater than 70 percent and temperatures below 65°F. On such days, up to 10 percent by volume of VOC may be adde d to a lacquer , at the time ofPublic Notice Draft / Rule 67.0 -2-

application

, to avoid blushing of the finish, provided that the lacquer contains acetone and no more than 550 grams of VOC per liter of lacquer, less water and exempt compounds, prior to the addition of VOC.

(c) DEFINITIONS

(1) “ Adhesive ” means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechani cal means.

(2) “ Aerosol Coating Product ” means a pressurized coating product containing pigments or resins that dispenses product ingredien ts by means of a propellant, and is packaged in a disposable can either for hand-held a pplication or use in specialized equipment for ground traffic/marking applications.

(3) “ Antenna Coating ” means a coating labeled and formulated exclusivel y for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

(4) “ Antifouling Coating ” means a coating labeled and formulated for applic ation to submerged stationary structures and their appurt enances to prevent or reduce the attachment of marine or freshwater biological organ isms. To qualify as an antifouling coating, the coating must be registered with both t he U.S. Environmental Protection Agency (EPA) under the Federal, Insecticide, Fungic ide, and Rodenticide Act (7 U.S.C. Section 136, et seq.) and with the California Depar tment of Pesticide Regulation.

(5) “ Appurtenance ” means any accessory to a stationary structure coa ted at the site of installation, whether installed or detached , including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doo rs; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways, fixed ladders, catwalks, and fir e escapes; and window screens.

(1) “ Appurtenance ” means an accessory to an architectural structure including but not limited to: hand railings, cabinets, bathroom a nd kitchen fixtures, fences, rain gutters and down spouts, window screens, lamp posts, heatin g and air conditioning equi pment, large fixed stationary tools, and concrete forms.Public Notice Draft / Rule 67.0 -3-

(6 2 ) “ Architectural Coating ” means any coating to be applied to stationary

structures and/or

their appurtenances at the site of installation (s tationary source), to portable buildings including mobile homes, at the s ite of installation, coated onsite or in close proximity to the intended installed location, to mobile homes, to pavement, or to curbs. Coatings applied in off-site shop applicati ons or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and a A dhesives are not considered architectural coatings for the purposes of this rul e.

(3) “ Below

- Ground Wood Preservative ” means a coating formulated to protect below

- ground wood from decay or insect attack and which contains a wood preservative chemical registered by the California Department of Food and Agriculture.

(7) “ Bitumens ” means black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are solubl e in carbon disulfide, consisting mainly of hydrocarbons, and obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

(4) “ Bituminous Coating ” means a black or brownish coating material, solubl e in carbon disulfide, consisting ma inly of hydrocarbons and which is obtained from nat ural deposits or as residue from the distillation of cru de petroleum oils or of low grades of coal.

(8) “ Bituminous Roof Coating ” means a coating which incorporates bitumens that is labeled and formulated exclusively for roofing.

(9) “ Bituminous Roof Primer ” means a primer which incorporates bitumens that is labeled and formulated exclusively for roofing.

(10 5 ) “ Bond Breaker ” means a coating labeled and formulated for applic ation applied between layers of concrete to prevent a the freshly- poured top layer of concrete from bonding to the layer over which it is poured.

(11) “ Clear Brushing Lacquers ” mean clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provid e a solid, protective film, which are intended exclusively for application by brush, and which are labeled as specified in Subsection (e)(1)(v).Public Notice Draft / Rule 67.0 -4-

(12) “ Clear Wood Coatings ” mean clear and semi-transparent coatings, includi ng lacquers and varnishes, applied to wood substrates to provide a transparent or translucent

solid film.

(13) “ Coating ” means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Su ch materials include, but are not limited

to , paints, varnishes, sealers, and stains.

(14) “ Colorant ” means a concentrated pigment dispersion in water, solvent and/or binder that is added to an architectural coating af ter packaging in sale units to produce the

desired color.

(15 6 ) “ Concrete Curing Compound ” means a coating labeled and formulated for application applied to freshly poured concrete to retard the evaporation of water.

(16 7 ) “ Dry Fog Coating (Mil l White Coating) ” means a coating labeled and formulated only for spray application such that ove rspray droplets dry before subsequent

contact with incidental other surfaces in the vicinity of the surface coating ac tivity

.

(17 8 ) “ Exempt Compound Solvent ” means the same as defined in Rule 2.

(18) “ Faux Finishing Coating ” means a coating labeled and formulated as a stain or glaze to create artistic effects including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain.

(19) “ Fire-Resistive Coating ” means an opaque coating labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, and that has been fire tested and rated by a testing agency approved by building code officials for use in brin ging assemblies of structural materials into compliance with federal, state, and local buil ding code requirements. The fireresistive coating and the testing agency must be ap proved by building code officials registered with the State Fire Marshal

.

(20 9 ) “ Fire-Retardant Coating ” means a coating labeled and formulated to retard ignition and which has a

flame spread, and that has been fire tested and rated by a testingPublic Notice Draft / Rule 67.0 -5-

agency approved by building code officials for use in bringing building and construction materials into compliance with federal, state, and local building code requirements. The fire-retardant coating and the testing agency must be approved by building code officials registered with the State Fire Marshal

. index of less than 25 when tested in accordance with the current version of ASTM Designation E 84

- 87, “Standard Test method for Surface Burning Characteristics of Building Materia l,” after application to Douglas fir according to th e manufacturer’s recommendation.

(21) “ Flat Coating ” means a coating that is not defined under any oth er definition in this rule and that registers a gloss of less than 1 5 on an 85° meter, or less than 5 on a 60°

meter.

(22) “ Floor Coating ” means an opaque coating that is labeled and formu lated for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to foot tr affic.

(23) “ Flow Coating (Electrical Transformers) ” means a coating labeled and formulated exclusively for use by electric power co mpanies or their subcontractors to maintain the protective coating systems present on utility transformer units.

(24 10 ) “ Form-Release Compound ” means a coating labeled and formulated for application applied to a concrete form to prevent the freshly- poured concrete from bonding to the form. The form may consist of wood, metal, or some material other than concrete.

(25 11 ) “ Graphic Arts Coating or ( Sign Paint Coating) ” means a coating wh ich is

labeled and formulated for and hand application -applied by artists using brush or roller techniques to indoor and outdoor signs (excluding s tructural components) and murals, excluding structural components, including lettering enamels, poster colors, copy b lockers,

and bulletin enamels.

(26 12 ) “ High-Temperature Industrial Maintenance Coating ” means a high performance an industrial maintenance coating which is labeled and formulated for application and applied to substrates exposed continuously or intermittent ly to temperatures above 400°F (204°C). degrees Fahrenheit.Public Notice Draft / Rule 67.0 -6-

(13 ) “ Industrial Maintenance Anti

- graffiti Coating ” means a two

- component clear industrial maintenance coating which is formu lated for and applied to exterior walls and murals to resist repeated scrubbing and exposure to harsh sol vents.

(27 14 ) “ Industrial Maintenance Coating ” means a high performance architectural coating which is formulated for and applied , including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for ap plication to substrates exposed to one or more of the following extreme environmental conditi ons and labeled as specified in Subsection (e)(1)(iv) :

(i) (ii) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture condensation;

(ii) (iii) Acute or chronic exposure to corrosive, caustic, o r acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(iii) (iv) Repeated exposure to temperatures above in excess of 250°F (121°C) ; or

(iv) (i) Repeated (frequent) heavy abrasion, including mech anical wear and repeated (frequent) scrubbing with industrial solvent s, cleansers, or scouring agents; or

(v) Exterior exposure of metal structures and stru ctural components

. (28 15 ) “ Lacquer ” means a clear or opaque wood pigmented coating, including clear lacquer sanding sealers, formulated with cellulosic nitrocellulose or synthetic resins to dry by evaporation without chemical reaction and to pro vide a solid, protective film

.

(29) “ Low-Solids Coating ” means a coating that contains one 1 pound or less of solids per gallon (120 grams or less of solids per liter) of coating material.

(30 16 ) “ Magnesite Cement Coating ” means a coating labeled and formulated for application and applied to magnesite cement decking to protect the magnesi te cement substrate from erosion by water.

(31) “ Manufacturer’s Maximum Thinning Recommendation ” means the maximum recommended thinning ratio that is indicate d on the label or lid of the coating

container or in the technical data sheet for the co ating

.Public Notice Draft / Rule 67.0 -7-

(32 17 ) “ Mastic Texture Coating ” means a coating labeled and which is formulated to

cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat thickness of at least 0.010 inch ( 10 mils) dry film thickness (dry, single coat)

.

(33 18 ) “ Metallic Pigmented Coating ” means a coating containing at least 0.4 pounds of elemental metallic pigment metal particles per gallon (48 grams of elemental metallic pigment per liter) of coating as applied.

(34 19 ) “ Multi-Colored Coating ” means a coating that which exhibits more than one color when applied and which is packaged in a single container, and exhibits mo re than

one color when applied in a single coat.

(35 20 ) “ Nonflat

Non

- Flat

Architectural Coating ” means a coating that is not defined under any other definition in this rule, and that which registers a gloss of 15 or greater on an 85° meter or 5 or greater on a 60° meter, a nd which is identified on the label as a gloss,

semi

- gloss, or eggshell enamel coating

.

(36) “ Nonflat-High Gloss Coating ” means a nonflat coating that registers a gloss of

70 or above on a 60° meter.

(37) “ Non

- i I ndustrial Use ” means any use of architectural coatings except in the construction or maintenance of any of the following : facilities used in the manufacturing of goods and commodities; transportation infrastructur e, including highways, bridges, airports

, and railroads; facilities used in mining activitie s, including petroleum extraction; and utilities infrastructure, including power gener ation and distribution, and water treatment and distribution systems.

(21) “ Opaque Stain ” means any stain that is not classified as a semi

- transparent stain.

(22) “ Opaque Wood Preservative ” means any wood preservative that is not classified as a semi

- transparent wood preservative or as a below

- ground wood preservative.

(38) “ Post-Consumer Coating ” means a finished coating the unused portion of coating after completion of a consumer’s project that would have been disposed of in aPublic Notice Draft / Rule 67.0 -8-

landfill, having completed its usefulness to a cons umer. Post-consumer coating does not include manufacturing wastes.

(39 25 ) “ Pre-Treatment Pretreatment Primer ( Wash Primer) ” means a coating primer that which contains a minimum of 0.5 percent acid, by weight, and is labeled and formulated for application applied directly to bare metal surfaces and is necessary to provide corrosion resistance and to promote adhesio n of subsequent topcoats surface etching

.

(40 26 ) “ Primer ” means a coating labeled and formulated for applic ation to a substrate which is intended to be applied to a surface to provide a firm bond between the substrate and subsequent coats.

(41 24 ) “ Quick-Dry Enamel ” means a nonflat coating that is labeled as specified in Subsection (e)(1)(viii) and that is formulated to h ave the following characteristics: which can be applied directly from the container by brush or roller at ambient temperatures between 60 o F and 80 o F and which is formulated to have a gloss of 70 or g reater on a 60 o meter and to have the following drying characteristics when tested in accordance with the current version of ASTM D 1640 :

(i) Capable of being applied directly from the contain er under normal conditions at ambient temperatures between 60 and 8 0°F (16 and 27°C);

(ii) When tested in accordance with ASTM Designation D 1640-95, sets to

touch in 2 two hours or less, is tack free in 4 four hours or less, and dries hard in 8 eight hours or less by the mechanical test method; and

(iii) Has a dried film gloss of 70 or above on a 60° mete r.

(i) Set to touch in not more than two hours; be tack

- free (mechanical tester) in not more than four hours; and

(ii) Dry hard in not more than eight hours.

(42 23 ) “ Quick-Dry Primer, Sealer, and Undercoater ” means a primer, sealer, or undercoater that which is dry to the touch in 30 minutes one

- half hour and can be recoated in two hours, as determined under the current versi on of ASTM D1640 and which isPublic Notice Draft / Rule 67.0 -9-

inte nded to be applied to a surface for one or more of the following reasons: to provide a firm bond between the substrate and subsequent coat s, or to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate, or to provide a smooth surface for subsequent coats

. (43) “ Recycled Coating ” means an architectural coating formulated such th at not less than 50 percent of the total weight consists o f secondary and post-consumer coating, with not less than 10 percent of the total weight c onsisting of post-consumer coating.

(44 27 ) “ Roof Coating ” means a non-bituminous coating labeled and which is formulated exclusively for application to for and applied to exterior roofs for the primary purpose of preventing penetration of the substrate by water, or reflecting heat and reflecting ultraviolet radiation. Metallic

- pigmented R r oof coatings, which qualify as

mM m etallic p P p igmented c C c oatings shall not be considered to be in this category, bu t

shall be considered to be in the mM m etallic p P p igmented c C c oatings category.

(45) “ Rust Preventative Coating ” means a coating formulated exclusively for nonindustrial use to prevent the corrosion of metal su rfaces and labeled as specified in Subsection (e)(1)(vi).

(46 28 ) “ Sanding Sealer ” means a clear or semi-transparent wood coating labeled and formulated for application and applied to bare wood for sanding and to seal the wood and to provide a coat that can be abraded (sanded) to create a smooth surface for subsequent applications of coatings varnish . To be considered a sanding sealer a coating must be clearly labeled as such. A sanding sealer that also meets the definition of a lacquer is not included in this category, but is included in the l acquer category.

(47 29 ) “ Sealer ” means a coating labeled and formulated for application and applied to

a substrates for either of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by mater ials in the

substrate.

(48) “ Secondary Coating (Rework) ” means the fragment of a finished coating or the finished coating from a manufacturing process t hat has converted resources into a commodity of real economic value, but does not incl ude excess virgin resources of the manufacturing process.Public Notice Draft / Rule 67.0 -10-

(30) “ Semi

- Transparent Stain ” means a coating which is formulated to change the color of a surface but not conceal the surface.

(31) “ Semi

- Transparent Wood Preservative ” means a wood preserv ative stain, including clear wood preservatives, which is formul ated and used to protect exposed wood from decay or insect attack by the addition of a wo od preservative chemical registered by the California Department of Food and Agriculture, and which cha nges the color of a surface but does not conceal the surface.

(49 32 ) “ Shellac ” means a clear or opaque pigmented coating formulated solely with the resinous secretions of the lac beetle ( L l accifer lacca ), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

(50) “ Shop Application ” means application of a coating to a product or a component of a product in or on the premises of a f actory or a shop as part of a manufacturing, production, or repairing process (e. g., original equipment manufacturing coatings).

(51 50 33 ) “ Solicit ” means to require for use or to specify, by writte n or oral contract.

( 52 51 ) “ Specialty Primer, Sealer, and Undercoater ” means a coating that is labeled as specified in Subsection (e)(1)(vii) and formulat ed for application to a substrate to seal fire, smoke

, or water damage; to condition excessively chalky s urfaces, or to block stains. An excessively chalky surface is one that is define d as having a chalk rating of four or less.

( 53 52 ) “ Stain ” means a clear, semitransparent, or opaque coating labeled and formulated to change the color of a surface but not conceal the grain pattern or texture.

(54 53 34 ) “ Swimming Pool Coating ” means a coating labeled and formulated and used to coat the interior of swimming pools and to resis t swimming pool chemicals.

(55 54 35 ) “ Swimming Pool Repair and Maintenance Coating ” means a rubber

- based

chlorinated rubber

- based coating labeled and formulated to be used over existing rubber

based coatings for the repair and maintenance of swimming pools ov er existing chlorinated

rubber

- based coatings

.Public Notice Draft / Rule 67.0 -11-

( 56 55 ) “ Temperature-Indicator Safety Coating ” means a coating labeled and formulated as a color-changing indicator coating fo r the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 400°F (204°C).

( 57 56 ) “ Tint Base ” means an architectural coating to which colorant is added after packaging to produce a desired color.

(58 57 36 ) “ Traffic Marking Coating ” means a coating labeled and which is formulated for marking and stripping and applied to public streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, driveways, and parking lots, sidewalks, and airport runways

.

(59 58 37 ) “ Undercoater ” means a coating labeled and which is formulated for and applied to substrates to provide a smooth surface for subsequent coats.

(60 59 38 ) “ Varnish ” means a clear or semi-transparent wood coating finish , excluding lacquers and shellacs, formulated with various resins to dry by chemical reaction on exposure to air. Varnishes may contain small amoun ts of pigment to color a surface, or to control the final sheen or gloss of the finish.

(61 60 39 ) “ Volatile Organic Compound (VOC) ” means the same as defined in Rule 2. any compound of carbon which may be emitted to the atmosphere during the application of or subsequent drying or curing of coatings subjec t to this rule, except methane, carbon monoxide, carbon dioxide, carbonic acid, metallic c arbides or carbonates, ammonium carbonate, and exempt compounds. VOC content of co atings is expressed in grams of VOC per liter of coating, as applied, less water an d less exempt compounds. (Rev. Effective 5/15/96)

( 62 61 ) “ VOC Content Per Volume of Coating, Less Water and E xempt Compounds ” means the same as defined in Rule 2 and calculated as specified in Subsection (e)(2)

.

( 63 62 ) “ VOC Content Per Volume of Material ” means the same as defined in

Rule 2 and calculated as specified in Subsection (e)(2)

.Public Notice Draft / Rule 67.0 -12-

(40) “ Waterproofing Mastic Coating ” means a weatherproof or waterproof coating which is formulated to cover holes and minor cracks and to conceal surface irregu larities and which is to be applied in thicknesses of at lea st 15 mils.

( 64 63 ) “ Waterproofing Concrete/Masonry Sealer ” means a clear or pigmented filmforming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviol et light, and staining.

(65 64 41 ) “ Waterproofing Sealer ” means a colorless coating labeled and which is formulated for application to a and applied for the sole purpose of protecting porous substrates for the primary purpose of by preventing the penetration of water. and which does not alter surface appearance or texture. ( 66 65 ) “ Wood Preservative ” means a coating labeled and formulated to protect exposed wood from decay or insect attack, that is r egistered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 United States Code Section 136,

et seq. ) and with the California Department of Pesticide R egulation.

(d) STANDARDS AND REQUIREMENTS

(1) VOC C ONTENT L IMITS

Except as provided in Subsections (b)(2), (d)(2), (d)(3), and (d)(5) (d)(4) , no a person shall not :

(i) manufacture, blend, or repackage for sale within San Diego County;

(ii) supply, sell, or offer for sale within San Diego County; apply, or

(iii) solicit for

the application or apply within San Diego County, of any architectural coating with a VOC content in excess of the corresponding limits specified in Table1Iafter the specified effective d ates. for use within San Diego County which at the time o f sale or manufa cture contains more than 250 grams of VOC per liter of coating (excluding wa ter and exempt solvents and any colorant added to tint bases).Public Notice Draft / Rule 67.0 -13- Table 1 I - VOC Standards

Effective (Date of Adoption) Limit 1,2 Effective

1/1/2003

Limit 1,2 Effective

1/1/2004

Limit 1,2 Coating Categories lb/gal (g/l) lb/gal (g/l) lb/gal (g/l) General Coatings: Flat Coatings 2.1 (250) 0.8 (100) Nonflat Coatings 2.1 (250) 1.3 (150) Nonflat Coatings – High Gloss 2.1 (250)

Specialty Coatings: Antenna Coatings 4.4 (530) Antifouling Coatings 3.3 (400) Bituminous Roof Coatings 2.5 (300) Bituminous Roof Primers 2.9 (350) Bond Breakers 2.9 (350) Clear Wood Coatings: Clear Brushing Lacquer 5.7 (680) Lacquers 5.7 (680) 4.6 (550) (including lacquer sanding sealers)

Sanding Sealers 4.6 2.9 (550) (350) 2.9 (350) (other than lacquer sanding sealers) Varnishes 2.9 (350) Concrete Curing Compounds 2.9 (350) Dry Fog Coatings 3.3 (400) Faux Finishing Coatings 2.9 (350) Fire Resistive Coatings 2.9 (350) Fire Retardant Coatings: Clear Opaque 5.4 2.9 (650) (350)

Floor Coatings 3.3 2.1 (400) (250) 2.1 (250) Flow Coatings 3.5 (420) Form-Release Compounds 2.1 (250) Graphic Arts Coatings (Sign Paints) 4.2 (500)

High Temperature Coatings 5.4 3.5 (650) (420) 3.5 (420)

Industrial Maintenance Coatings 3.5 2.8 (420) (340) 2.1 (250) Low-Solids Coatings 3 1.0 (120)

Magnesite Cement Coatings 5.0 3.8 (600) (450) 3.8 (450) Mastic Texture Coatings 2.5 (300) Metallic Pigmented Coatings 4.2 (500)

Multi-Color Coatings 4.8 3.5 (580) (420) 2.1 (250)

Pre-Treatment Wash Primers 6.5 3.5 (780) (420) 3.5 (420) Primers, Sealers, and Undercoaters 2.9 (350) 1.7 (200) Quick-Dry Enamels 3.3 (400) 2.1 (250)

Quick-Dry Primers, Sealers, Undercoaters 4.4 3.8 (525) (450) 1.7 (200) Recycled Coatings 2.1 (250)Public Notice Draft / Rule 67.0 -14- Table I - VOC Standards - Continued

Effective (Date of Adoption) Limit 1,2 Effective

1/1/2003

Limit 1,2 Effective

1/1/2004

Limit 1,2 Coating Categories lb/gal (g/l) lb/gal (g/l) lb/gal (g/l)

Roof Coatings 2.5 2.1 (300) (250) 2.1 (250) Rust Preventative Coatings 4 3.3 (400) Shellacs: Clear Opaque 6.1 4.6 (730) (550) Specialty Primers, Sealers, and Undercoaters 2.9 (350) Stains 2.9 (350) 2.1 (250)

Swimming Pool Coatings 5.4 2.8 (650) (340) 2.8 (340)

Swimming Pool Repair & Maintenance Coatings 5.4 2.8 (650) (340) 2.8 (340) Temperature-Indicator Safety Coatings 4.6 (550)

Traffic Marking Coatings 2.1 1.3 (250) (150) 1.3 (150) Waterproofing Sealers 3.3 (400) 2.1 (250) Waterproofing Concrete/Masonry Sealers 3.3 (400) Wood Preservatives 2.9 (350)

1 Remains in effect unless revised limits are indicat ed in subsequent columns. The VOC content limits t ake into account the “Manufacturer’s Maximum Thinning Recomm endation,” if any. 2 Expressed in lb pounds VOC per gallon (or grams VOC per liter) of coating , as applied, less water, and exempt compounds , and colorant added to tint bases

. 3 VOC content limits are expressed in lb pounds of VOC per gallon (or grams of VOC per liter) of c oating, as applied, including water and exempt compounds. 4 Effective January 1, 2004, this category only appli es to non

- industrial uses. Industrial uses are regulated under Industrial Maintenance Coatings on or after J anuary 1, 2004.

(2) C OATINGS N OT L ISTED IN T ABLE 1 I

For any coating that does not meet any of the defin itions for the specialty coatings categories listed in Table 1 I , the VOC content limit shall be determined by clas sifying the coating as a flat coating or a nonflat coating, bas ed on its gloss, as defined in Subsections (c)(21), (c)(35) and (c)(36) and the corresponding flat or nonflat VOC content limit shall apply.

(3) M OST R ESTRICTIVE VOC L IMITS

If anywhere on the container of any architectural c oating, or any label or sticker affixed to the container, or in any sales, advertis ing, or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is reco mmended for use for more than one of thePublic Notice Draft / Rule 67.0 -15-

coating categories listed in Table 1 I , then the most restrictive VOC content limit shall apply. This provision does not apply to the coatin g categories specified below:

(i) Antenna coatings, (ii) Antifouling Coatings, (iii) (ii) Bituminous roof primers, (iv) (iii) Fire-retardant coatings, (v) (iv) Flow coatings (Electrical Transformers), (vi) (v) High-temperature coatings, (vii) (vi) Industrial maintenance coatings, (viii) (vii) Lacquers (including lacquer sanding sealers), (ix) (viii) Low-solids coatings, (x) (ix) Metallic pigmented coatings, (xi) (x) Pre-treatment wash primers, (xii) (xi) Shellacs, (xiii)(xii ) Specialty primers, sealers, and undercoaters, (xiv) (xiii) Temperature-indicator safety coatings, or (xv) (xiv) Wood preservatives.

(4) S ELL -T HROUGH OF C OATINGS

(i) A coating manufactured prior to the January 1, 200 3

, or January 1, 2004

, effective date specified for that coating in Table 1 I may be sold, supplied, or offered for sale for up to three years after the specified effective date. In addition, a coating manufactured before the effective date specified fo r that coating in Table 1 I may be applied at any time, both before and after the spec ified effective date, so long as the coating complied with the standards in effect at th e time the coating was manufactured. This Subsection does not apply to any coati ng that does not display the date or date-code required by Subsection (e)(1)(i).

(ii) A coating included in an approved Averaging Progra m that does not comply with the specified limit in Table 1 I may be sold, supplied, or offered for sale for up to three years after the end of the complian ce period specified in the approved Averaging Program. In addition, such a coating may be applied at any time, bothPublic Notice Draft / Rule 67.0 -16- during and after the compliance period. This Subse ction does not apply to any coating that does not display on the container eith er the statement: “This product is subject to architectural coating averaging provisio ns in California” or a substitute symbol specified by the Executive Officer of the CA RB. This Subsection shall remain in effect until January 1, 2008.

(5) R UST P REVENTIVE C OATINGS

After Effective January 1, 2004, a no person shall only apply or solicit the application of a

any rust preventative coating for non-industrial use s , unless the such a rust preventative coating complies with the industrial m aintenance coating VOC limit specified

in Table 1 I

.

(6) S TATEWIDE A VERAGING C OMPLIANCE O PTION

On or after January 1, 2003, in lieu of compliance with the limits specified in Table1 I for floor coatings; industrial maintenance coatings ; primers, sealers, and undercoaters; quick-dry primers, sealers, and undercoaters; quick -dry enamels; roof coatings; bituminous roof coatings; rust preventative coatings; stains; waterproofing sealers, as well as flats and nonflats (excluding recycled coatings), manufacture rs may average designated coatings

such that their actual statewide cumulative emissions from the averaged coatings ar e less than or equal to the cumulative statewide emissions that would have been allowed under those limits over a compliance period not to exceed one year. Such manufacturers must also comply with the statewide averaging provisions contained in Appendix A, as w ell as maintain and make available for inspection records for at least three years after the end of the compliance period. This Subsection and Appendi x A shall cease to be effective on January 1, 2005, after which averaging will no long er be allowed.

(7) T HINNING

No person who applies or solicits the application o f any architectural coating shall apply a coating that is thinned to exceed the appli cable VOC limit specified in Table I.Public Notice Draft / Rule 67.0 -17- (8) P AINTING P RACTICES

Any person who stores, transfers, applies or otherw ise uses architectural coatings, thinners, cleanup solvents, or other materials whic h contain volatile organic compounds shall comply with the requirements of Rule 67.17 – Storage of Materials Containing Volatile Organic Compounds.

(2) A person shall not manufacture, blend or repackage for use or sale within San Diego County any architectural coating listed in th e table of standards below which contains VOC (ex cluding water and exempt solvents, and excluding an y colorant added to tint bases), in excess of the corresponding limit specif ied in the following table, after the corresponding date specified.

Table of Standards (grams of VOC per liter) Effective 12/1 /87 Effective

2/2/90 Below

- Ground Wood Preservative 600 Bond Breakers 350 Concrete

- Curing Compounds 350 350 Dry

- Fog Coatings 400 400 Fire

- Retardant Coating Clear Pigmented 650 350 Form

- Release Compounds 250 Graphics Arts (Sign) Coatings 500 High Temperature Industrial Maint. Coatings 650 Industrial Maintenance Anti

- graffiti Coatings 600 Industrial Maintenance Coatings 420 420 Lacquer 680 680 Magnesite Cement Coatings 600 Mastic Texture Coatings 300 Metallic

- Pigmented Coatings 500 Multi

- Color Coatings 580 Opaque Stains 350 350 Opaque Wood Preservatives 350 350 Pretreatment (Wash) Primer 780 Primers, Sealers & Undercoaters 350 350 Quick Dry Enamels 400 400 Quick Dry Primers, Sealers & Undercoaters 525 Roof Coatings 300 300 Sanding Sealers 550 Semi

- Transparent Stains 350 350 Semi

- Transparent & Clear Wood Preservatives 350 350 Shellac Clear Pigmented 730 550 Swimming Pool Coatings 650 Swimming Pool Repair & Maintenance Coatings 650 Traffic Paints 250 Varnish 3 50 350 Waterproofing Sealers 400 400 Waterproofing Mastic Coatings 300 300Public Notice Draft / Rule 67.0 -18-

(3) A person shall not supply, ship or distribute into San Diego County any architectural coating, for use within San Diego Cou nty, subject to the requirements of Sub

section (d)(2) which contains VOC (excluding water and exem pt solvents, and excluding any colorant added to tint bases) in excess of the corresponding limit specified in the Table of Standards in Subsection (d)(2) for more than thr ee months after December 4, 1990.

(4) A person shall not sell, offer for sale, apply or s olicit the application of any architectural coating subject to the requirements o f Subsection (d)(2) for use within San Diego County which, at the time of sale, contains V OC (excluding water and exem pt solvents, and excluding any colorant added in tint bases) in excess of the corresponding new or revised limit that is effective on February 2, 1 990 specified in the Table of Stan dards in Subsection (d)(2) for more than three years after t he effective d ate of the standard.

(5) A person shall not sell, offer for sale, or supply any architectural coating for use within San Diego County unless the coating containe r displays the date of manufac ture of the contents or a code indicating the dates of manu fact ure. The manufacturers of such coatings shall file an explanation of each code wit h the Air Pollution Control Officer and the Executive Officer of the CARB.

(6) A person shall not sell, offer for sale, or supply any architectural coating for use within S an Diego County unless the coating container carrie s a statement of the manufacturer's recommendation regarding thinning of the coating. This requirement shall not apply to the thinning of architectural coatings with water. A person shall not sell or off er for sale any architectural coating for use withi n San Diego County unless the thinning recommended on the label for normal environmental a nd application conditions would not cause the coating to exceed its applicable standard

. (7) A person shall not m anufacture, sell, or offer for sale any architectur al coating manufactured after December 4, 1991 for use within San Diego County unless the coating container or top of the lid displays the maximum VO C content of the coating as applied and after any thinni ng as recommended by the manufacturer. The VOC con tent shall be displayed as grams of VOC per liter of coating (les s water and exempt solvents and excluding any colorant added to tint bases). The V OC content displayed may be calculated using product form ulation data or may be determined using the test me thod in Section (h).

(e) ADMINISTRATIVE REQUIREMENTS

(1) C ONTAINER L ABELING R EQUIREMENT :

Each manufacturer of any architectural coating subj ect to this rule shall display the information listed in Subsections (e)(1)(i) through (e)(1)(ix) on the coating container (or label) in which the coating is sold or distributed.Public Notice Draft / Rule 67.0 -19- (i) Date Code: The date the coating was manufactured, or a date code representing the date, shall be indicated on the la bel, lid, or bottom of the container. If the manufacturer uses a date code for any coatin g, the manufacturer shall file an explanation of each code with the Executive Officer of the CARB.

(ii) Thinning Recommendations: A statement of the manufacturer's recommendation regarding thinning of the coating sh all be indicated on the label or lid of the container. This requirement does not ap ply to the thinning of architectural coatings with water. If thinning of the coating pr ior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning.

(iii) VOC Content: Each container of any coating subject to this rul e shall display either the maximum or the actual VOC conten t of the coating, as supplied, including the maximum thinning as recommended by th e manufacturer. VOC content shall be displayed as grams of VOC per lite r of coating. VOC content displayed shall be calculated using product formula tion data or determined using the test methods in Subsection (f)(2). The equations i n Subsection (e)(2) shall be used to

calculate VOC content.

(iv) Industrial Maintenance Coatings : In addition to the information specified in Subsections (e)(1)(i), (e)(1)(ii)

, and (e)(1)(iii), each manufacturer of any industrial maintenance coating subject to this rule shall display on the label or lid of the container in which the coating is sold or distr ibuted one or more of the descriptions listed in Subsections (e)(1)(iv)(A) th rough (e)(1)(iv)(C).

(A) “For industrial use only.” (B) “For professional use only.” (C) “Not for residential use” or “Not intended for res idential use.”

(v) Clear Brushing Lacquers: Effective January 1, 2003, the labels of all clear brushing lacquers shall prominently display t he statements “For brush application only,” and “This product must not be th inned or sprayed.”Public Notice Draft / Rule 67.0 -20- (vi) Rust Preventative Coatings: Effective January 1, 2003, the labels of all rust preventative coatings shall prominently displa y the statement “For Metal Substrates Only.”

(vii) Specialty Primers, Sealers, and Undercoaters: Effective January 1, 2003, the labels of all specialty primers, sealers, and undercoaters shall prominently display one or more of the descriptions listed in S ubsections (e)(1)(vii)(A) through (e)(1)(vii)(E).

(A) For blocking stains. (B) For fire-damaged substrates. (C) For smoke-damaged substrates. (D) For water-damaged substrates. (E) For excessively chalky substrates.

(viii) Quick-Dry Enamels: Effective January 1, 2003, the labels of all quic k

dry enamels shall prominently display the words “Qu ick Dry” and the dry hard time.

(ix) Nonflat–High Gloss Coatings: Effective January 1, 2003, the labels of all nonflat–high gloss coatings shall prominently d isplay the words “High Gloss.”

(2) C ALCULATION OF VOC C ONTENT

For the purpose of determining compliance with the VOC content limits in Table 1 I

, the VOC content of a coating shall be determined by using the procedures described in Subsections (e)(2)(i) or (e)(2)(ii), as appropriate . The VOC content of a tint base shall be

determined without colorant that is added after the tint base is manufactured.

(i) With the exception of low

- solids- coatings, determine the VOC content in grams of VOC per liter of coating thinned to the ma nufacturer’s maximum thinning recommendation, excluding the volume of any water a nd exempt compounds. Determine the VOC content using the following equat ion :

VOC Content = (W s - W w - W ec ) / (V m - V w - V ec )

Where: VOC content = grams of VOC per liter of coatingPublic Notice Draft / Rule 67.0 -21- W s = weight of all volatiles, in grams .

W w = weight of water, in grams

W ec = weight of exempt compounds, in grams

V m = volume of coating, in liters

V w = volume of water, in liters

V ec = volume of exempt compounds, in liters

(ii) For low-solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacture r’s maximum recommendation, including the volume of any water and exempt compou nds. Determine the VOC content using the following equation:

VOC Content ls = (W s - W w - W ec ) / (V m )

Where: VOC content ls = the VOC content of a low solids coating in grams of VOC per liter of coating

W s = weight of all volatiles, in grams

W w = weight of water, in grams

W ec = weight of exempt compounds, in grams

V m = volume of coating, in liters

(f) MONITORING AND RECORDS

(1) R EPORTING R EQUIREMENTS

(i) Clear Brushing Lacquers: Each manufacturer of clear brushing lacquers shall, on or before April 1 of each calend ar year beginning in the year 2004,

submit an annual written report to the Executive Officer of the CARB. The report shall specify the number of gallons of clear brushi ng lacquers sold in California during the preceding calendar year, and shall descr ibe the method used by the

manufacturer to calculate State sales.

(ii) Rust Preventative Coatings: Each manufacturer of rust preventative coatings shall, on or before April 1 of each calend ar year beginning in the year 2004,

submit an annual written report to the Executive Officer of the CARB. The report shall specify the number of gallons of rust prevent ative coatings sold in CaliforniaPublic Notice Draft / Rule 67.0 -22- during the preceding calendar year, and shall descr ibe the method used by the

manufacturer to calculate State sales.

(iii) Specialty Primers, Sealers, and Undercoaters: Each manufacturer of specialty primers, sealers, and undercoaters shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual written report to the Executive Officer of the CARB. The report shall sp ecify the number of gallons of specialty primers, sealers, and undercoaters sold i n California during the preceding calendar year, and shall describe the method used b y the manufacturer to calculate

State sales.

(iv) Toxic Exempt Compounds: For each architectural coating that contains perchloroethylene or methylene chloride, t he manufacturer shall, on or before April 1 of each calendar year beginning in t he year 2004, report in writing to the Executive Officer of the CARB the following inf ormation for products sold in California during the preceding year:

(A) the product brand name and a copy of the product l abel with legible usage instructions;

(B) the product category listed in Table 1 I to which the coating belongs;

(C) the total sales in California during the calendar year to the nearest gallon; the volume percent, to the nearest 0.10 per cent, of perchloroethylene and methylene chloride in the coating.

(v) Recycled Coating: Manufacturers of recycled coatings must submit a letter to the Executive Officer of the CARB certify ing their status as a Recycled Paint Manufacturer. The manufacturer shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual written report to the Executive Officer of the CARB. The report shall include, for all rec ycled coatings, the total number of gallons distributed in California during the preced ing year, and shall describe the method used by the manufacturer to calculate Califo rnia’s distribution.Public Notice Draft / Rule 67.0 -23- (vi) Bituminous Coatings: Each manufacturer of bituminous roof coatings or bituminous roof primers shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual written report to the Executive Officer of the CARB. The report shall specify the number of gallo ns of bituminous roof coatings or bituminous roof primers sold in California durin g the preceding calendar year, and shall describe the method used by the manufacturer to calculate California’s sales.

(2) T ESTING P ROCEDURES

(i) VOC Content: To determine the physical properties of a coating in order to perform the Subsection (e)(2)calculations, the r eference method for VOC content is U.S. EPA Method 24, incorporated by reference in Subsection (f)(2) (iv)(K), except as provided in Subsections (f)(2)(ii) and (f )(2)(iii). An alternative method to determine the VOC content of coatings is SCAQMD Met hod 304-91 (Revised February 1996), incorporated by reference in Subsec tion (f)(2)(iv)(L). The exempt compounds content shall be determined by South Coas t Air Quality Management District (SCAQMD) Method 303-91 (Revised August 199 6), incorporated by reference in Subsection (f)(2)(iv)(J). To determin e the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alte rnative method as provided in Subsection (f)(2)(ii), formulation data, or any oth er reasonable means for predicting that the coating has been formulated as intended (e .g. quality assurance checks, recordkeeping). However, if there are any inconsis tencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 test results will govern, except when an alternativ e method is approved as specified in Subsection (f)(2)(ii). The Air Pollution Contro l Officer may require the manufacturer to conduct a Method 24 analysis.

(ii) Alternative Test Method: Other test methods demonstrated to provide results that are acceptable for purposes of determi ning compliance with Subsection (f)(2)(i), after review and approval in writing by the staffs of the District, the CARB, and the U.S. EPA, may also be used.

(iii) Methacrylate Traffic Marking Coatings: Analysis of methacrylate multicomponent coatings used as traffic marking coa tings shall be conductedPublic Notice Draft / Rule 67.0 -24- according to a modification of U.S. EPA Method 24 ( Appendix A), incorporated by reference in Subsection (f)(2)(iv)(M). This method has not been approved for methacrylate multicomponent coatings used for purpo ses other than as traffic marking coatings or for other classes of multi-comp onent coatings.

(iv) Test Methods: The following test methods are incorporated by re ference herein, and shall be used to test coatings subject to provisions of this rule:

(A) Flame Spread Index: The flame spread index of a f ire-retardant coating shall be determined by ASTM Designation E 8 4-99, “Standard Test Method for Surface Burning Characteristics of Build ing Materials,” (see Subsection (c)(20), Fire-Retardant Coating).

(B) Fire Resistance Rating: The fire resistance ratin g of a fireresistive coating shall be determined by ASTM Desig nation E 119-98, “Standard Test Methods for Fire Tests of Building C onstruction Materials,” (see Subsection (c)(19), Fire-Resistive Coating).

(C) Gloss Determination: The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), “Standard Test Method for Specular Gloss,” (see Subsections (c)(21), (c)(35), (c)(36) and (c)(41), Flat Coating, Nonflat Coating, Nonflat-High Gloss Coating, and Qu ick-Dry Enamels).

(D) Metal Content of Coatings: The metallic content o f a coating shall be determined by SCAQMD Method318-95, “Determinatio n of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction,” SCAQMD “Laboratory Methods of Analysis for Enforcement Samples,” (see Subsection (c)(33), Metallic Pigmented Coating).

(E) Acid Content of Coatings: The acid content of a c oating shall be determined by ASTM Designation D 1613-96, “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermedi ates Used in Paint, Varnish, Lacquer, and Related Products,” (see Subse ction (c)(39), PreTreatment Wash Primers).Public Notice Draft / Rule 67.0 -25- (F) Drying Times: The set-to-touch, dry-hard, dry-to- touch, and dryto-recoat times of a coating shall be determined by ASTM Designation D 1640- 95, “Standard Test Methods for Drying, Curing, or F ilm Formation of Organic Coatings at Room Temperature,” (see Subsections (c) (41) and (c)(42), QuickDry Enamel and Quick-Dry Primer, Sealer, and Underc oater). The tack-free time of a quick-dry enamel coating shall be determi ned by the Mechanical Test Method of ASTM Designation D 1640-95.

(G) Surface Chalkiness: The chalkiness of a surface s hall be determined using ASTM Designation D 4214-98, “Stand ard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films,” (see Subsection (c)( 52 51 ), Specialty Primer, Sealer, and Undercoater).

(H) Exempt Compounds – Siloxanes: Exempt compounds th at are cyclic, branched, or linear completely methylated s iloxanes, shall be analyzed as exempt compounds (for compliance with Subsection (e)(2)) by Bay Area Air Quality Management District (BAAQMD) District Metho d 43, “Determination of Volatile Methylsiloxanes in Solvent-Based Coatin gs, Inks, and Related Materials,” BAAQMD Manual of Procedures, Volume III , adopted 11/6/96, (see Subsection (c)( 61 60 ), Volatile Organic Compounds and Subsection (e)(2)(i)).

(I) ( Exempt Compounds – Parachlorobenzotrifluoride PCBTF ): The exempt compound parachlorobenzotrifluoride, shall b e analyzed as an exempt compound for compliance with Subsection(f)(2) by BA AQMD Method 41, “Determination of Volatile Organic Compounds in Sol vent-Based Coatings and Related Materials Containing Parachlorobenzotrifluo ride,” BAAQMD Manual of Procedures, Volume III, adopted 12/20/95, (see S ubsection )( 61 60 ), Volatile Organic Compound and Subsection (f)(2)(i)).

(J) Exempt Compounds: The content of compounds exemp t under U.S. EPA Method 24 shall be analyzed by SCAQMD Met hod 303-91 ( August

Revised 199 6 3 ), “Determination of Exempt Compounds,” SCAQMDPublic Notice Draft / Rule 67.0 -26- “Laboratory Methods of Analysis for Enforcement Sam ples,” (see Subsection (c)( 61 60 ), Volatile Organic Compound and Subsection (f)(2)( i)).

(K) VOC Content of Coatings: The VOC content of a coa ting shall be determined by U.S. EPA Method 24 as it exists in ap pendix A of 40 Code of Federal Regulations (CFR) part 60, “Determination o f Volatile Matter Content, Water Content, Density, Volume Solids, and Weight S olids of Surface Coatings,” (see Subsection (f)(2)(i)).

(L) Alternative VOC Content of Coatings: The VOC cont ent of coatings may be analyzed either by U.S. EPA Method 24 or SCAQMD Method 304-91 ( February Rev ised 19963 ), “Determination of Volatile Organic Compounds (VOC) in Various Materials,” SCAQMD “Labo ratory Methods of Analysis for Enforcement Samples,” (see Subsection (f)(2)(i)).

(M) Methacrylate Traffic Marking Coatings: The VOC co ntent of methacrylate multicomponent coatings used as traffi c marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpa rt D, Appendix A,

“Determination of Volatile Matter Content of Methac rylate Multicomponent Coatings Used as Traffic Marking Coating,” (Septemb er 11,1998), (see Subsection (f)(2)(i)).

Existing Sections (e), (f) and (g) are deleted in t heir entirety. (e) If anywhere on the container of any coating listed on the Table of Standards, on any sticker or label affixed thereto, or in any sales o r a dvertising literature, any representation is made that the coating may be used as, or is suitabl e for use as, a coating for which a lower VOC standard is specified in the table or in Subsection (d)(1), then the lowest VOC standard shall apply. This requir ement does not apply to the representation of the f ollowing coatings in the manner specified:

(1) High Temperature Industrial Maintenance Coatings, w hich may be represented as metallic

- pigmented coatings for use consistent with the defi nition of high temp erature industrial maintenance coatings;

(2) Lacquer Sanding Sealers, which may be recommended f or use as sanding sealers in conjunction with clear lacquer topcoats;

(3) Metallic

- Pigmented Coatings, which may be recommended for us e as primers, sealers, u ndercoaters, roof coatings, or industrial maintenan ce coatings;Public Notice Draft / Rule 67.0 -27- (4) Shellacs; and

(5) Fire Retardant Coatings.

(f) Rule 66 shall not apply to the sale or application of coatings subject to this rule.

(g) TEST METHODS

Measurement of VOC in architectural co atings shall be conducted and reported in accor dance with EPA Test Method 24 (40 CFR 60, Appendix A) as it ex ists on December 4, 1990.

Measurement of the water content and exempt solvent content shall be conducted and reported in accordance with ASTM Tes t Methods D 4457

- 85 and D 3792

- 86.

Calculation of the VOC content of coatings less wat er and exempt solvents shall be performed in accordance with ASTM Standard Practice D 3960

- 87.

Measurement of acid content shall be conducted and reported in accordan ce with ASTM Test Method D 1613

- 81.

Measurement of elemental metal content shall be con ducted and reported in accordance with the Spectrographic Method used by Pacific Spectrochemic al Laboratory, Inc. for the analysis of carbon dust and carbon laminates, as it exists on December 4, 1990.Public Notice Draft / Rule 67.0 -28-

New proposed Appendix A is added to Rule 67.0.

Appendix A

A.1 AVERAGING PROVISION

The manufacturer shall demonstrate that actual emi ssions from the coatings being averaged are less than or equal to the allowable em issions, for the specified compliance period using the following equation:

≤ ∑ n

1 = i GiMi ∑

n

1 = i GiViLi

Where:

∑ = n

1 = i Emissions

Actual GiMi

∑ = n

1 = i Emissions

Allowable GiViLi

Gi = Total Gallons of Product (i) subject to Ave raging; Mi = Material VOC Content of Product (i), in pound s per gallon;

Vm Wec

- Ww

- Ws Mi = Vi = Percent by Volume Solids and VOC in Product ( i);

Vm Vec

- Vw

- Vm Vi =

Where: Ws, Ww, Wec, Vm, Vw, and Vec are defined in Subsection (e)(2), except that in this Appendix weights are in pounds and volumes are in gallons.

For Non-Zero VOC Coatings:

) Regulatory VOC as known (also VOC Coating Actual) VOC as known (also VOC Material Vi =

Where: Vec

- Vw

- Vm Wec

- Ww

- Ws VOC Coating =

For Zero VOC Coatings:

Vi = Percent Solids by Volume Li = Regulatory VOC Content Limit for Product (i) , in pounds per gallon (as listed in Table 1 I )Public Notice Draft / Rule 67.0 -29- The averaging is limited to coatings that are desig nated by the manufacturer. Any coating not designated in the averaging Program sha ll comply with the VOC limit in Table 1 I . The manufacturer shall not include any quantity of coatings that it knows or should have known will not be used in California, i f statewide coatings data are used. If district-specific coatings data are used, the ma nufacturer shall not include any quantity of coatings that it knows or should have k nown will not be used in the District.

A.1.1 In addition to the requirements specified in Section A.1, manufacturers shall not include in an Averaging Program any coating with a VOC content in excess of the following maximum VOC content, for the applicable c ategories.

Averaging Categories and VOC Ceiling (Maximum VOC A llowed) Rule/ VOC Limit (In Effect or E e ffective 1/1/2003 or 1/1/2004) Averaging

VOC Ceiling (Maximum) Category

lb/gal g/l lb/gal g/l Flat Coating 0.8 100 2.1 250 Nonflat Coating 1.3 150 2.1 250 Floor Coatings 2.1 250 3.3 400 Industrial Maintenance Coatings 2.1* 250* 3.5 420 Primers, Sealers, and Undercoaters 1.7 200 2.9 350 Quick-Dry Primers, Sealers, & Undercoaters 1.7 200 3.8 450

Quick-Dry Enamels 2.1 250 3.3 400 Roof Coatings 2.1 250 2.1 250 300 Bituminous Roof Coatings 2.5 300 2.1 300 Rust Preventative Coatings 3.3 400 3.3 400 Stains 2.1 250 2.9 350 Waterproofing Sealers 2.1 250 3.3 400 *Effective 1/1/2004Public Notice Draft / Rule 67.0 -30-

A.2 AVERAGING PROGRAM (PROGRAM)

At least six months prior to the start of the com pliance period, manufacturers shall submit an Averaging Program to the Executive Office r of the Air Resources Board. As used in this Appendix A, “Executive Officer” means the Executive Officer of the Air Resources Board. Averaging may not be implemented until the Program is approved in writing by the Executive Officer.

Within 45 days of submittal of a complete Program, the Executive Officer shall either approve or disapprove the Program. The Program app licant and the Executive Officer may agree to an extension of time for the Executive Officer to take action on the Program.

A.3 GENERAL REQUIREMENTS

The Program shall include all necessary informatio n for the Executive Officer to make a determination as to whether the manufacturer may comply with the averaging requirements over the specified compliance period i n an enforceable manner. Such information shall include, but is not limited to, t he following:

A.3.1 An identification of the contact persons, te lephone numbers, and name of the manufacturer who is submitting the Program.

A.3.2 An identification of each coating that has b een selected by the manufacturer for inclusion in this program that exceeds the applicab le VOC limit in Table 1 I , its VOC content specified in units of both VOC actual and V OC regulatory, and the designation of the coating category.

A.3.3 A detailed demonstration showing that the pr ojected actual emissions will not exceed the allowable emissions for a single compliance per iod that the Program will be in effect. In addition, the demonstration shall inclu de VOC content information for each coating that is below the compliance limit in Table 1 I . The demonstration shall use the equation specified in Section A.1 of this Appendix for projecting the actual emissions and allowable emissions during each compliance peri od. The demonstration shall also include all VOC content levels and projected volume sold within the State for each coating listed in the Program during each complianc e period. The requested data can be summarized in a matrix form.

A.3.4 A specification of the compliance period(s) and applicable reporting dates. The length of the compliance period shall not be more than one year or less than six months.

A.3.5 An identification and description of all rec ords to be made available to the Executive Officer upon request, if different than those ident ified under Section A.3.6.

A.3.6 An identification and description of specifi c records to be used in calculating emissions for the Program and subsequent reporting, and a det ailed explanation as to how thosePublic Notice Draft / Rule 67.0 -31- records will be used by the manufacturer to verify compliance with the averaging requirements.

A.3.7 A statement, signed by a responsible party f or the manufacturer, that all information submitted is true and correct, and that records wil l be made available to the Executive Officer upon request.

A.4 REPORTING REQUIREMENTS

A.4.1 For every single compliance period, the manuf acturer shall submit a mid-term report listing all coatings subject to averaging during th e first half of the compliance period, detailed analysis of the actual and allowable emiss ions at the end of the mid-term, and an explanation as to how the manufacturer intends t o achieve compliance by the end of the compliance period. The report shall be signed by the responsible party for the manufacturer, attesting that all information submit ted is true and correct. The mid-term report shall be submitted within 45 days after the midway date of the compliance period. A manufacturer may request, in writing, an extension of up to 15 days for submittal of the mid-term report.

A.4.2 Within 60 days after the end of the complianc e period or upon termination of the Program, whichever is sooner, the manufacturer shal l submit to the Executive Officer a report listing all coatings subject to averaging du ring the compliance period, providing a detailed demonstration of the balance between the actual and allowable emissions for the compliance period, any identification and descr iption of specific records used by the manufacturer to verify compliance with the averagin g requirement, and any other information requested by the Executive Officer to d etermine whether the manufacturer complied with the averaging requirements over the s pecified compliance period. The report shall be signed by the responsible party for the manufacturer, attesting that all information submitted is true and correct, and that records will be made available to the Executive Officer upon request. A manufacturer may request, in writing, an extension of up to 30 days for submittal of the final report.

A.5 RENEWAL OF A PROGRAM

A Program automatically expires at the end of the compliance period. The manufacturer may request a renewal of the Program by submi tting a renewal request that shall include an updated Program, meeting all applicable Program requirements. The renewal request will be considered conditionally ap proved until the Executive Officer makes a final decision to deny or approve the renew al request based on a determination of whether the manufacturer is likely to comply wit h the averaging requirements. The Executive Officer shall base such determination on all available information, including but not limited to, the mid-term and the final repo rts of the preceding compliance period. The Executive Officer shall make a decisio n to deny or approve a renewal request no later than 45 days from the date of the final report submittal, unless the manufacturer and the Executive Officer agree to an extension of time for the Executive Officer to take action on the renewal request.Public Notice Draft / Rule 67.0 -32-

A.6 MODIFICATION OF A PROGRAM

A manufacturer may request a modification of the P rogram at any time prior to the end of the compliance period. The Executive Officer sh all take action to approve or disapprove the modification request no longer than 45 days from the date of its submittal. No modification of the compliance perio d shall be allowed. A Program need not be modified to specify additional coatings to be averaged that are below the applicable VOC limits.

A.7 TERMINATION OF A PROGRAM

A.7.1 A manufacturer may terminate its Program at a ny time by filing a written notification to the Executive Officer. The filing date shall be considered the effective date of the termination, and all other provisions of this rule including the VOC limits shall immediately thereafter apply. The manufacturer sha ll also submit a final report 60 days after the termination date. Any exceedance of the actual emissions over the allowable emissions over the period that the Progra m was in effect shall constitute a separate violation for each day of the entire compl iance period.

A.7.2 The Executive Officer may terminate a Program if any of the following circumstances

occur:

A.7.2.1 The manufacturer violates the requirements of the approved Program, and at the end of the compliance period, the actual emissions exceed the allowable emissions.

A.7.2.2 The manufacturer demonstrates a recurring p attern of violations and has consistently failed to take the necessary steps to correct those violations.

A.8 CHANGE IN VOC LIMITS

If the VOC limits of a coating listed in the Progr am are amended such that its effective date is less than one year from the date of adoptio n, the affected manufacturer may base its averaging on the prior limits of that coat ing until the end of the compliance period immediately following the date of adoption.

A.9 LABELING

Each container of any coating that is included in averaging program, and that exceeds the applicable VOC limit in the table in Section 30 1 shall display the following statement: “This product is subject to architectur al coatings averaging provisions in California.” A symbol specified by the Executive O fficer may be used as a substitute.

A.10 VIOLATIONS

The exceedance of the allowable emissions for any compliance period shall constitute a separate violation for each day of the compliance p eriod. However, any violation of the requirements of the Averaging Provision of this rule, which the violator can demonstrate, to the Executive Officer, did not cause or allow t he emission of an airPublic Notice Draft / Rule 67.0 -33- contaminant and was not the result of negligent or knowing activity may be considered a minor violation.

A.11 SUNSET OF AVERAGING PROVISION

The averaging provision set forth in Appendix A sh all cease to be effective on January 1, 2005, after which averaging will no long er be allowed.