# Kern County Air Pollution Control District



# Rule 410.1A

ARCHITECTURAL COATING CONTROLS

FINAL STAFF REPORT

April 5, 2010

Prepared by



### Jeremiah Cravens Air Quality Specialist II

Reviewed by



### David L. Jones

Air Pollution Control Officer 

### Glen Stephens Senior Air Quality Engineer

Kern County Air Pollu tion Control District 2700 “M” Street, Suite 302 Bakersfield, California 93301 (661) 862-5250  www.kernair.org

### Table of Contents

I. BOARD ADOPTION......................................................... 1

II. INTRODUCTION.............................................................. 1

III. DEFINITION OF ARCHITECTURAL COATING...................... 2

IV. EMISSIONS FROM ARCHI TECTURAL COATINGS................ 2

V. REDUCTIONS IN VOC EMISSIONS.................................... 2

VI. RULE 410.1A ARCHITECT URAL COATING CONTROLS......... 3

VII. EXEMPTIONS.................................................................. 3

VIII. CHANGES IN CATEGORI ES AND DEFINITIONS................... 3

IX. EXCLUDED CATEGORIES AND DEFINITIONS..................... 4

X. CHANGES IN VOC CONTENT LIMITS................................. 6

XI. PROVISIONS THAT HAVE BEEN EXCLUDED...................... 7

XII. NEW REQUIREMENTS..................................................... 8

XIII. CHANGES TO REQUIREMENTS........................................ 8

XIV. CHANGES TO ADMINIST RATIVE REQUIREMENTS............... 9

XV. COST EFFECTIVENESS ................................................... 9

XVI. VOC REDUCTIONS ACCOMPLISHED BY RULE 410.1A......... 10

XVII. ECONOMIC IMPACTS ...................................................... 11

XVIII. ENVIRONMENTAL IMPACTS............................................. 12

XIX. SOCIOECONOMIC IMPACTS............................................. 13

XX. REFERENCES..................................................................14

APPENDIX A ADOPTED RULE 410.1A, ARCHITECTURAL
COATING CONTROLS

APPENDIX B STRIKEOUT UNDERLINE OF ADOPTED RULE 410.1A, ARCHITECTURAL COATING CONTROLS,
REFLECTING CHANGES MADE AFTER THE
10/28/2009 WORKSHOP

APPENDIX C RESPONSE TO COMMENTS410.1A Final Staff Report

I. BOARD ADOPTION

Rule 410.1A, Architectural Coating Cont rols was adopted by the Kern County Air Pollution Control District’s Governing B oard on March 11, 2010 at the March 2010 Board meeting. Although Rule 410. 1A has been adopted, it will not become effective until January 1, 2011. Rule 410.1 Architectural Coatings (the District’s current architectural coatings rule) was rescinded on March 11, 2010 but will remain effective through December 31, 2010. On January 1, 2011 Rule 410.1A, Architectural Coating Controls will bec ome effective and supersede Rule 410.1 Architectural Coatings.

II. INTRODUCTION

This staff report presents the changes m ade to the rule designed to regulate architectural coatings. Initially Kern County Air Pollution Control District (KCAPCD) staff intended to revise the curre nt architectural coatings rule, Rule 410.1, Architectural Coatings. However, afte r realizing the extent of the proposed revisions, staff believed it would be more efficient to draft and adopt a new rule

rather than revise the current rule. Ru le 410.1A will substantially reduce VOC emissions that result from the application of architectural coatings.

On October 28, 2009 KCAPCD held a publ ic workshop for proposed draft Rule 410.1A at the Mojave Veteran’s Hall in Mojave, Ca. In response to the workshop, KCAPCD received comments and suggest ed changes from t he U.S. EPA (EPA), the California Air Resources Board (ARB), and interested coatings and chemical manufacturers. KCAPCD considered all comments and suggested changes. Staff incorporated all EPA and ARB suggested changes along with industry suggested changes that would not modify the intent or VOC Content Limits of the Rule.

A revised version of proposed draft Rule 410.1A was submitted to the EPA and ARB for review and approval. Upon receiv ing written approval of Draft Rule 410.1A, KCAPCD brought the Rule before the KCAPCD Governing Board for adoption.

Appendix A is the clean version of adopted Rule 410.1A Architectural Coating
Controls.

Appendix B is a strikeout underline versi on of adopted Rule 410.1A Architectural Coating Controls showing all changes made to the rule after the workshop.

Appendix C is the Response to Comment s that followed t he October 28, 2009 workshop.

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III. DEFINITION OF ARCHITECTURAL COATING

Architectural coatings are products that are applied to stationary structures and their accessories. They include house paints, stains, industrial maintenance coatings, traffic coatings, and many ot her products. When these coatings are applied, VOCs are emitted from the coatings and from solvents that are used for thinning and clean-up.

IV. EMISSIONS FROM ARCHITECTURAL COATINGS

Architectural coatings represent a si gnificant source of VOC emissions throughout California. In the presence of sunlight, VOCs and nitrogen oxides (NOx) undergo a series of chemical reacti ons to form ozone. Ozone is a strong oxidizer that irritates the respiratory system , leading to a variety of adverse health effects. It also damages plant life and property. VOC emissions from architectural coatings can also lead to the formation of particulate matter (PM). Particulate

matter less than 10 microns in diameter can be inhaled deep into the lungs. PM exposure has been associated with a wi de range of adverse health impacts, including hospitalization and prematur e death. Ozone and PM are two of the most serious air pollutants in California . To protect California’s population from the harmful effects of exposure to ozone and PM, the ARB and the U.S. EPA have established air quality stand ards for these contaminants.

VOC emissions from the use of architectu ral coatings in Calif ornia are estimated to be about 118 tons per day (tpd) in 2004. This includes 95 tpd from coatings, and about 23 tpd from associated cleanup so lvents, thinners, and additives. Total emissions from architectural coatings and associated materials represent almost 10 percent of the VOC emissions from stationary and area sources, and almost 5 percent of the total VOC emissions statewide. The VO C emissions from architectural coatings are more than the combined VOC emissions from petroleum refining and marketing, and are comparable to the emissions from approximately 5 million passenger cars.

V. REDUCTIONS IN VOC EMISSIONS

Based on survey data collected by the ARB, the sales volume for architectural coatings increased from more than 98 million gallons in 2000, to more than 110 million gallons in 2004. However, t he total statewide VOC emissions for architectural coatings decreased from 110 to 95 tpd from 2000 to 2004. The VOC reduction occurred due to the implementat ion of rules with lower VOC limits.
Please note that these VOC emissions do not include emissions from thinning solvents, cleanup solvents, or additives.

The survey data also indicates that arch itectural coatings in California are continuing to shift toward waterborne products. From 2000 to 2004, the percent
of total sales volume attributed to wate rborne coatings increased from 83 to 88

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percent. During this same time period, the architectural coating emissions per capita and the average amount of VOCs per gallon of coating decr eased more than 20 percent.

VI. RULE 410.1A ARCHITECTURAL COATING CONTROLS

The provisions of Rule 410.1A, Archit ectural Coatings Controls are based on
ARB’s 2007 SCM for architectural coati ngs. Rule 410.1A will be applicable to architectural coatings as defined in this staff report and to any person who manufactures, blends, repackages, supplies, sells, offers for sale, solicits, or applies any architectural coating for us e within the Kern County Air Pollution
Control District.

VII. EXEMPTIONS

The Exemptions Section of the Rule has been moved up to Section IV immediately after Severability and directly before Definitions. Section IV.A.2 has been added, which allows any aerosol c oating product to be exempt from the provisions of the Rule.

Several manufacturers requested KCAPCD to allow the use of Tertiary Butyl Acetate (t-butyl acetate) TBAC or T BAc as an exempt organic compound in Rule 410.1A. After reviewing the U.S. EPA’s delisting of T BAc as a VOC for purposes
of VOC emissions limitations and VOC content requirement s, the KCAPCD has added TBAc to Rule 102 (Definitions) as an exempt organic compound.

VIII. CHANGES IN CATEGOR IES AND DEFINITIONS

To enhance clarity, enforcement , and to limit the types of products that qualify for inclusion into each specific category of Rule 410.1A, Section V of the rule provides definitions for new or revised terms that are not self-explanatory.

To maintain consistency with other air district architectural coatings rules
definitions for Gonioapparent and Metallic have been deleted from 410.1A

Definitions for the following new product categories have been added to 410.1A

 Aluminum Roof

 Basement Specialty Coating

 Concrete/Masonry Sealer

 Driveway Sealer

 Maximum Thinning

 Medium Density Fiberboard

 Particleboard

 Pearlescent  Reactive Penetrating Sealer

 Semitransparent

 Stone Consolidant

 Tub and Tile Refinish

 Veneer

 Virgin Materials

 Waterproofing Membrane

 Wood Coatings

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 Plywood

 Primer, Sealer, and Undercoater  Wood Substrate

 Zinc-Rich Primer

The following categories have revi sed definitions in 410.1A.

 Bituminous Roof Primer

 Concrete Curing Compound

 Faux Finishing Coating

 Fire-Resistive Coating

 Fire-Retardant Coating

 Floor Coating

 Graphic Arts

 Industrial Maintenance

 Low Solids Coating

 Metallic Pigmented

 Multi-Color Coating

 Nonflat – High Gloss  Post-Consumer Coating

 Primers, Sealers, and Undercoaters

 Recycled Coating

 Roof Coating

 Rust Preventative Coating

 Secondary Industrial Materials

 Shellac

 Specialty Primer s, Sealers, and

Undercoaters

 Stain

 Swimming Pool Coating

 VOC Content

Faux Finishing Coating has been expanded to include the following provision: A decorative coating used to create a me tallic appearance that contains greater than 48 grams of elemental metallic pigm ent per liter of c oating as applied (greater than 0.4 pounds per gallon) and which requires a clear topcoat to prevent the degradation of t he finish under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318- 95, incorporated by reference in subsection VII.C.10.

ARB requested that the fo llowing language be added to Fire-Retardant Coating : A coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agenc y approved by building code officials for use in bringing building and constr uction materials into compliance with federal, state and local build ing code requirements. T he fire-retardant coating and the testing agency must be approved by building code officials. The fireretardant coating shall be tested in acco rdance with ASTM De signation E 84-07, incorporated by reference in subsection VII.C.7. Effective January 1, 2011, the Fire Retardant coating ca tegory is eliminated and...
“Air brush” has been added to the Graphic Arts definition.

“Applic ation to floors” has been added to the Industrial Maintenance Coating definition and “Antenna” and “Antifouling” have been deleted. “Antenna” and “Antifouling” coatings automatically default to the IM category and do not specifically need to be called-out.

IX. EXCLUDED CATEGORIES AND DEFINITIONS

The following categories and definitions have been deleted from Rule 410.1A because they were found unnecessary, or were replaced by new categories.

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Products from deleted categories have been moved to an appropriate previously existing category, are now inc luded within a new category, or will default to the most closely related category if not called-out in a definition.

 Antenna Coating

 Antifouling Coating

 Clear Brushing Lacquers

 Clear Wood Coating

 Flow Coating

 Lacquer

 Nonindustrial Use

 Primer

 Quick Dry Enamel

 Quick Dry Primer, Sealer,

and Undercoater  Sanding Sealer

 Sealer

 Swimming Pool Repair and

Maintenance

 Temperature Indicator Safety Coating

 Undercoater

 Varnish

 Waterproofing Concrete/Masonry
Sealer

 Waterproofing Sealer

Table 1 displays the new or existing category that each deleted category or product will now fall under.

TABLE 1
NEW CATEGORY DELETED CATEGORY

Basement Specialty Coatings:  Waterproofing Concrete/Masonry Sealers,

 Waterproofing Sealers

Concrete/Masonry Sealers:  Waterproofing Concrete/Masonry Sealers

Flat, Nonflat, Nonflat-High Gloss:  Fire Retardant Coatings Clear and Opaque,

 Quick Dry Enamels

High Temperature Coatings:  Temperature-Indicator Safety Coatings

Industrial Maintenance:  Antenna Coatings,

 Antifouling Coatings,

 Flow Coatings,

 Quick Dry Primers, Sealers & Undercoaters

Reactive Penetrating Sealers:  Waterproofing Concrete/Masonry Sealers,

 Waterproofing Sealers

Swimming Pool Coatings:  Swimming Pool Repair and Maintenance

Waterproofing Membranes:  Waterproofing Sealers

Wood Coatings:  Clear Brushing Lacquers,

 Lacquers (including lacquer sanding sealers),

 Sanding Sealers (other than lacquer sanding sealers),

 Varnishes

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X. CHANGES IN VOC CONTENT LIMITS

Table 2 displays the reductions in VO C Content limits between the effective
dates of Rule 410.1 and Rule 410.1A.

TABLE 2

Coating Category Effective
Until 1/1/2011 Effective
1/1/2011 Effective
1/1/2012 Flat Coatings 100 50 Nonflat Coatings 150 100 Nonflat - High Gloss Coatings 250 150 Specialty Coatings Aluminum Roof Coatings 400 Antenna Coatings 530 See Table 1 Antifouling Coatings 400 See Table 1 Basement Specialty Coatings 400 Bituminous Roof Coatings 300 50

Bituminous Roof Primers 350 350

Bond Breakers 350 350 Clear Wood Coatings

 Clear Brushing Lacquers

 Lacquers (including lacquer sanding sealers)

 Sanding Sealers (other than lacquer sanding sealers)

 Varnishes 680

550

350

350 See Table 1

Concrete Curing Compounds 350 350 Concrete/Masonry Sealers 100 Driveway Sealers 50 Dry Fog Coatings 400 150 Faux Finishing Coatings 350 350 Fire Resistive Coatings 350 350 Fire Retardant Coatings

 Clear

 Opaque 650

350 See Table 1

Floor Coatings 250 100 Flow Coatings 420 See Table 1 Form-Release Compounds 250 250 Graphic Arts Coatings (Sign Paints) 500 500 High Temperature Coatings 420 420 Industrial Maintenance Coatings 250 250 Low Solids Coatings 120 120 Magnesite Cement Coatings 450 450 Mastic Texture Coatings 300 100 Metallic Pigmented Coatings 500 500 Multi-Color Coatings 250 250

Pre-Treatment Wash Primers 420 420 Primers, Sealers, and Undercoaters 200 100 Quick Dry Enamels 250 See Table 1 Quick Dry Primers, Sealers & Undercoaters 200 See Table 1 Reactive Penetrating Sealers 350 Recycled Coatings 250 250 Roof Coatings 250 50 Rust Preventative Coatings 400 400 250

Shellacs:

 Clear

 Opaque 730

550 730

550 Specialty Primers, Sealers, and Undercoaters 350 350 100

Stains 250 250

Stone Consolidants 450 Swimming Pool Coatings 340 340

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TABL E 2
Continued

Coating Category Effective
Until 1/1/2011 Effective
1/1/2011 Effective
1/1/2012 Swimming Pool Repair and Maintenance Coatings 340 See Table 1 Temperature-Indicator Safety Coatings 550 See Table 1 Traffic Marking Coatings 150 100 Tub and Tile Refinish Coatings 420 Waterproofing Concrete/Masonry Sealers 400 See Table 1 Waterproofing Membranes 250 Waterproofing Sealers 250 See Table 1 Wood Coatings 275

Wood Preservatives 350 350

Zinc-Rich Primers 340

XI. PROVISIONS THAT HAVE BEEN EXCLUDED

The following is a list of provis ions found in Rule 410.1 that have been excluded
from Rule 410.1A.

 Annual reports have been deleted fo r the following: Clear Brushing Lacquers; Rust Preventative Coatings ; Specialty Primer s, Sealers, and Undercoaters; Toxic Exempt Co mpounds (perchloroethylene and methylene chloride); Recycled Coatings ; Bituminous Roof Coatings; and

Bituminous Roof Primers.

 Rule 410.1 specifically prohibited the use of Rust Preventative Coatings for industrial use, unless they comp lied with the 250 g/l VOC limit for Industrial Maintenance Coatings. Since Rust Preventative and Industrial Maintenance Coatings have the same proposed VOC limit, it is no longer necessary to maintain the prohibition provision and it is proposed for

elimination.

 Rule 410.1 Architectural Coatings cont ained a special provision for Lacquers that allowed a person to add VO C to a lacquer to avoid blushing of the finish, if certain conditions were met. In Rule 410.1A, products that were formerly classified as Lacquer s are now included in the new Wood Coatings category and the VOC limit is lowered fr om 550 g/l to 275 g/l.

ARB staff has evaluated formulati ons and manufacturer information for Lacquers that comply with the propos ed 275 g/l limit and have determined that the lacquer blushing provis ion is no longer necessary.

 Rule 410.1 contained an averaging compliance option, which expired in 2005. While averaging is a viable option for a few large businesses, it is
difficult for small businesses to participate because they have fewer products. ARB staff has worked ext ensively with stakeholders to develop categories and VOC limits that are te chnologically feasible, without the need for an averaging program. Av eraging has been eliminated.

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 The petition process has been deleted which allows for the use of 340 g/l Industrial Maintenance Coatings in areas with persistent fog and cold temperatures. This petition process was eliminated because it was only
used once. ARB staff determined t hat it was no longer necessary.

 The test method for determining drying times has been deleted because the Quick Dry categories have been elim inated and there is no need to verify drying times. The test meth od for determining surface chalkiness

has also been deleted because chal kiness has been removed from the criteria in the Specialty Primers, Sealers, and Under coaters category.

XII. NEW REQUIREMENTS

Rule 410.1A contains a new requirement of sa les data submittal of architectural coatings. A responsible official from each manufacturer shall upon request of the Executive Officer of the ARB, or his or her delegate, provide data concerning the
distribution and sales of architectural c oatings. The responsible official shall provide all requested sales data within 18 0 days of request. Failure to do so
could result in the issuance of a Notice of Violation or a Notice to Comply from
the KCAPCD. Collection of t hese data is authorized in the California Health and Safety Code, which requires submission of data to estimate emissions.

Rule 410.1A includes other requirements which are sim ilar to those found in Rule

410.1 but with slight modifications.

These requirements in clude the following:

 Container labeling requirements regar ding the date of manufacture, VOC content, thinning recommendations, and labeling specific to selected coating categories;

 A “painting practices” provision de signed to limit VOC emissions from open paint containers;

 A thinning provision specifying allowable thinning practices; and

 A “sell-through” provision allowing three years to sell products manufactured prior to the effective date of a VOC limit.

XIII. CHANGES TO REQUIREMENTS

Section VI.C. Sell-Through/Existing Stock of Coatings has been revised as
follows:

A coating manufactured prior to the VOC Co ntent limit effective date(s) specified for that coating in the Table of Standar ds, that complied with the VOC Content

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limit in effect at the ti me the coating was manufactured, may be sold, supplied, or offered for sale for up to three years after the specified VOC Content limit effective date(s) listed in the Table of Standards. Such a coating may be applied at any time, both before and after the spec ified effective date. This subsection VI.C does not apply to any coating that does not display t he date or date-code required by subsection VII.A.1.

XIV. CHANGES TO ADMINIS TRATIVE REQUIREMENTS

The following changes have been made to Section VII Administrative Requirements :

“Clear topcoats” has been added to Section VII.A.4.

The terms “Not for residential use” and “Not intended for residential use” have
been added to Section VII.A.5.

The following provision has been added to VII.C Test Methods : Calculation of VOC Content: For the purpose of determining compliance with the
VOC content limits in the Table of Standar ds, the VOC content of a coating shall
be determined as defined in subsecti on V.JJJ, V.KKK, or V.LLL. The VOC

content of a tint base sha ll be determined without colorant that is added after the
tint base is manufactured. If the manuf acturer does not recommend thinning, the
VOC content must be calculat ed for the product as supp lied. If the manufacturer recommends thinning, the VOC content must be calculated including the maximum amount of thinning solvent re commended by the manufacturer. If the coating is a multi-component product, t he VOC content must be calculated as mixed or catalyzed. If the coating contai ns silanes, siloxanes, or other ingredients that generate ethanol or other VOCs duri ng the curing process, the VOC content must include the VOCs emitted during curing.

Gonioapparent Characteristics for Coatings has been deleted from VII.C Test

Methods because it is no longer needed.

XV. COST EFFECTIVENESS

ARB staff conducted a cost effectiveness analysis of each proposed limit as a separate, stand-alone r egulation. Treating each proposed limit as a separate regulation prevents very co st-effective limits (e.g., those with large emission reductions coupled with low costs) from “masking” relatively cost-ineffective limits. The total cost of the proposed limits is estimat ed to be 12.3 million dollars per year in 2007 dollars. The overall aver age cost-effectiveness of the proposed limits is estimated to be $1.12 per pound of VOC reduced. This compares favorably with the cost effect iveness of similar regulations.

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Table 3 shows the cost-effectiveness of i ndividual limit s ranging from net savings to a net cost of $13.90 per pound of VOC reduced. The $13.90 per pound value for Floor Coatings is due to a large number of non-complying products being sold
in small volumes. Staff believes that it is appropriate for Floor Coatings manufacturers to reformulate their pr oducts to meet the proposed limit because 85 percent of the Floor Coatings manufac turers have already reformulated their coatings to meet the proposed VOC limit.

TABLE 3

Coating Category Individual CostEffectiveness for

Each Limit ($ per Pound VOC Reduced) Calculated Cost per

Gallon to
Consumers 1 ($ per Gallon) Cost Increase Per

Gallon to
Consumers ($ per Gallon)

Aluminum Roof $0.41 $14.63 $1.16

Bituminous Roof $1.02 $11.84 $6.43 Concrete Masonry Sealer -$0.36 $14.09 -$0.88 Dry Fog -$0.52 $34.86 -$3.96

Flat -$0.69 $17.81 -$0.33

Floor $13.90 $16.96 $27.30

Mastic Texture $2.38 $17.72 $8.61

Non Flat $7.03 $19.44 $4.40 Non Flat High Gloss -$1.38 $23.96 -$3.39

PSU $2.73 $16.90 $2.51

Roof $1.38 $29.94 $1.95

Rust Prevention

- $0.46 $30.30 -$2.51 Specialty PSU -$0.71 $25.19 -$6.32 Traffic Marking $4.76 $14.18 $4.00 Waterproofing Membrane $6.55 $33.38 $17.00 Wood Coatings

- $1.13 $38.70 -$6.34

Cost-Effectiveness ($ Per Lb VOC Reduced) Cost per Gallon ($ Per Gallon) Cost Increase ($ Per Gallon)

Overall Results $1.12 $19.20 $1.21

1. Costs per gallon were calculated based on raw material costs, and do not necessarily reflect actual retail prices.

XVI. VOC REDUCTIONS ACCOMPLISHED BY RULE 410.1

The implementation of Rule 410.1A is ex pected to produce substantial long-term
VOC emission reductions. Rule 410.1A will contribute to a multi-district (outside of South Coast AQMD), total VOC r eduction of up to 28 percent. This is equivalent to a VOC emission reducti on of approximately 15.2 tons per/day (approximately 0.101 tpd in KC APCD) by the year 2012.

Table 4 below shows the expected combined multi-district 15.2 tons per/day of
VOC emission reductions outsi de of the South Coast AQMD. Table 4 lists only the categories that will have lower VOC limits beginni ng January 1, 2011. Although there are emission reductions fr om 19 categories, 95 percent of the emission reductions are from nine categorie s, which account for 80 percent of total emissions. These nine categories are highlighted in boldface in Table 4.

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TABL E 4

Total VOC emissions reductions for categories with 2011 lower VOC limits (Large containers only from multi-dist ricts, excluding South Coast AQMD)

Coating Category Current
VOC Limit (g/l) 2011
VOC Limit (g/l) California

market share

outside of
SCAQMD Emissions
Reductions excluding
SCAQMD

Aluminum Roof 500 400 31% 0.19

Bituminous Roof 300 50 90% 0.17 Concrete/Masonry Sealer 1 250-400 100 41% 0.54 Driveway Sealer 100 50 100% 0.00 Dry Fog 400 150 42% 0.31

Flat 100 50 7% 3.12

Floor 250 100 85% 0.07

Mastic Texture 300 100 79% 0.10 Nonflat - High Gloss 250 150 28% 0.91

Nonflat 2 150 100 28% 2.77 Primers, Sealers, and

Undercoaters 200 100 36% 1.12

Reactive Penetrating Sealer 1 250-400 350 93% 0.00

Roof 250 50 83% 0.07

Rust Preventative 400 250 4 3% 1.57 Specialty Primers, Sealers,

and Undercoaters 350 100 4 22% 2.62

Traffic Marking 150 100 74% 0.09 Waterproofing Membranes 1 250-400 250 68% 0.09 Wood Coatings 1 250-680 275 50% 1.41

Zinc-Rich Primer 500 340 54% 0.01 Total (tons/day) 15.2

1. These are new categories that include coatings from various categories from Rule 410.1. The “Current VOC Limit” for these categories represents the range of VOC limits of the coatings that were combined into the new categories.

2. As of January 1, 2011, the Fire Retardant coating categories are eliminated and coatings with fire retardant properties will be subject to the VOC limit of their primary category (e.g., Flat, Nonflat, etc.). To estimate emi ssion reductions, it was assumed that Fire
Retardant would be classified as Nonflat with a VOC limit of 100 g/l, because the majority of the reported coatings were nonflat.

3. Boldface indicates the nine categories t hat account for 95 percent of the VOC emission

reductions.

4. Lower VOC limits do not apply until January 1, 2012 for Rust Preventative Coatings and Specialty Primers, Seal ers, and Undercoaters.

XVII. ECONOMIC IMPACTS

The economic impacts are quantified to the extent feasible, but economic impact analyses can be inherently imprecise by natur e. Therefore, some projections are necessarily qualitative or semi-quantitative, based on ge neral observations about the architectural coatings industry. The economic impacts analysis for the proposed Rule provides a gener al picture of the economic impacts that typical businesses might encounter, but staff rec ognizes that individual companies may experience impacts different than t hose projected in this analysis.

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Typical California businesses will be affe cted by the proposed SCM to the extent

that the additional cos ts imposed by the proposed requirements would change their profitability. ARB esti mated profitability impacts by calculating the decline in the return on owner’s equity (ROE). Assuming that coating manufacturers will

have to absorb all of the costs associat ed with the SCM, the proposed SCM is expected to result in an average ROE decline of 2.1 percent, which is not considered to be a significant impact on the profitability of affected businesses.

ARB’S analysis shows that most affe cted businesses would be able to absorb the costs of the proposed SCM with no si gnificant adverse impacts on their profitability. However, the proposed SCM may impose economic hardship on some businesses with small or no margin of profitability. Be cause the proposed amendments would not alter significantly the profitability of most businesses, ARB does not expect a noticeable change in employment; business creation, elimination or expansi on; and business competitiveness in California.

If businesses are unable to reduce their co sts of doing business, they would pass

their cost increases on to consumers. If all costs were passed on to the consumer ARB estimates an average pot ential increase of about $1.21 per gallon.

ARB stated in their Architectural Coati ngs 2007 SCM that consumers who do not wish to purchase these reformulated coatings would still be able to buy the currently available complying coatings at current prices. These products will still be available with no expected price increase. The competition from these existing compliant coatings will likely constrain any price increases for the reformulated coatings. This would keep most manufactu rers from passing their total increased costs onto the consumers. Thereby, making the actual retail price increases less than the likely projections.

Furthermore, companies that supply re sins, solvents, or other chemicals and equipment for use in reformulating architectu ral coatings would potentially benefit from the proposed SCM as they experi ence an increase in demand for their products.

XVIII. ENVIRONMENTAL IMPACTS

Both the California Environmental Quality Act (CEQA) and ARB policy require an evaluation of the potential adverse envir onmental impacts of proposed projects. In June 2000, ARB staff prepared a forma l environmental impact report (EIR) for the 2000 Suggested Control Measures (SCM) for architectural coatings. The EIR included an analysis of potential environm ental impacts that could result throughout California (excluding the Sout h Coast AQMD) from implementation of
the 2000 SCM. ARB staff inve stigated six main areas of potential environmental impacts which include: air quality; wa ter demand and quality; public services; transportation and circulation; solid and hazardous waste; and health hazards.

KCAPCD Draft 4/5/2010 12410.1A Final Staff Report

The analys is concluded that implement ing the SCM would have no significant adverse impacts, but would have a net air quality benefit.

In September 2007, ARB released a staf f prepared Technical Support Document (TSD) designed to accompany the proposed 2007 SCM for architectural coatings. Chapter 6 of t he TSD describes the potentia l environmental impacts associated with adoption of the 2007 SCM. The TSD ex plains that there will be no significant adverse environmental impacts associated with adopting the 2007 SCM. In addition, adoption and implement ation of the 2007 SCM is expected to produce substantial long-term VOC emissi on reductions. Based on the analysis of potential direct and indire ct air quality effects associ ated with a multi-district implementation of the 2007 SCM, the over all Statewide (excluding South Coast AQMD) VOC emissions reduction will be a pproximately 15 tpd by the year 2012.
ARB staff believes that districts ca n use the 2007 TSD and the 2000 EIR to support their environmental impact analyse s when they adopt local rules based on the proposed 2007 SCM for architectural coatings.

KCAPCD’s initial study for Rule 410.1A found that all potentially significant effects have been analyzed adequately in ARB’s previous EIR and in Chapter 6
of the 2007 TSD to the SCM . A ll impacts have been avoided or mitigated pursuant to that earlier EIR and no new im pacts found. Ther efore, KCAPCD is referencing the ARB EIR study and subs equent ARB analysis of the revised SCM. Nothing further is required under CEQA.

A complete copy of the Final Prog ram Environmental Impact Report and the Technical Support Document c an be obtained by mail from:

California Air Resources Board Cal EPA Building 1001 I St. P.O. Box 2815, Sacram ento, CA 95812

Or on the ARB website:

EIR: http://www.arb.ca.gov/coat ings/arch/CEQA/FEIR.htm
TSD: http://www.arb.ca.gov/coati ngs/arch/TSD_Chapt ers_5-8.pdf

XIX. SOCIOECONOMIC IMPACTS

CHSC Section 40728.5 exempt s districts with a population of less than 500,000 persons from the requirement to asse ss the socioeconomic impacts of proposed rules. Eastern Kern County popula tion is below 500,000 persons.

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KCAPCD Draft 4/5/2010 13410.1A Final Staff Report

KCAPCD Draft 4/5/2010 14 XX. REFERENCES

Air Resources Board. “2001 Architectura l Coatings Survey, Final Reactivity Analysis.” March, 2005.

Air Resources Board. “2005 Architectu ral Coatings Survey, Draft Report.” September, 2006.

Air Resources Board. “2005 Architectura l Coatings Survey, Draft Reactivity Analysis.” January, 2007.

Air Resources Board. “Environmental Impact Assessment of Tertiary-Butyl Acetate.” January, 2006.

Air Resources Board. “Final Program En vironmental Impact Report.” June, 2000.

Air Resources Board. “Staff Report fo r Proposed Amendments to the Suggested
Control Measure for Architectu ral Coatings.” September, 2007.

Air Resources Board. “Technical S upport Document for Proposed Amendments to the Suggested Control Measure for Arch itectural Coatings.” September, 2007.

U.S. EPA. “Definitions of VOC and ROG.” November, 2004.

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## APPENDIX A:

ADOPTED RULE 410.1A

ARCHITECTURAL COATING CONTROLS410.1A Final Staff Report – Adopted Rule

Appendix A A-1 Draft 4/5/2010 RULE 410.1A Architectural Coating Controls Adopted 3/11/10 Effective as of

1/1/2011

I. Purpose

The purpose of this rule is to limit VOC emi ssions from architectural coatings. This rule specifies VOC Content limits, storage, cleanup, and labeling requirements for architectural coatings.

II. Applicability

Except as provided in subsection IV, the prov isions of this rule are applicable to architectural coatings as defined in this ru le and to any person who manufactures, blends, repackages, supplies, sells, offers for sale, so licits, or applies any ar chitectural coating for

use within the District.

III. Severability

Each provision of this rule sh all be deemed severable, and in the event that any provision of this rule is held to be invalid, the remainde r of this rule shall c ontinue in full force and

effect.

IV. Exemptions

A. Provisions of this Rule shall not apply to:

1. Any architectural coating that is supplied, sold, offered for sale, or manufactured for use outside of the District or for shipment to other manufacturers for reformulation or repackaging.

2. Any aerosol coating product.

B. Provisions of section VI a nd subsection VII.A shall not apply to any architectural coating sold in a containe r with a volume of one lit er (1.057 quarts) or less.

V. Definitions

A. Adhesive : Any chemical substance applied for the purpose of bonding two surfaces together other than by mechanical means.

B. Aerosol Coating Product : A pressurized coating pr oduct containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications.

C. Aluminum Roof Coating : A coating labeled and formulated exclusively for application to roofs and cont aining at least 84 grams of elemental aluminum pigment per liter of coating (at le ast 0.7 pounds per gallon). Pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference

in subsection VII.C.10.410.1A Final Staff Report – Adopted Rule

Appendix A A-2 Draft 4/5/2010 D. Appurtenance : Any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipmen t and other fixed mechanical equipment or stationary tools; lamppos ts; partitions; pipes and pipi ng systems; rain gutters and downspouts; stairways, fixed ladders, catwa lks and fire escapes; and window screens.

E. Architectural Coating : A coating to be applied to stationary structures or their appurtenances at the site of in stallation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings app lied in shop applications or to nonstationary structures such as airplanes, airships , ships, boats, locomotives, railcars and automobiles, and adhesives are not consider ed architectural coatings for the purposes

of this Rule.

F. Basement Specialty Coating : A clear or opaque coa ting that is labeled and formulated for application to concrete a nd masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces. Basement Specialty Coatings must meet the following criteria:

1. Coating must be capable of withstan ding at least 10 psi of hydrostatic pressure, as determined in accordance with ASTM D7088-04, which is incorporated by reference in subsection VII.C.15;

2. Coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or more , as determined in accordance with ASTM D3273-00 and ASTM D3274-95, incorporated by reference in

subsection VII.C.21.

G. Bitumens : Black or brown materials including, but not limited to, asphalt, tar, pitch and asphaltite that are soluble in carbon di sulfide, consist mainly of hydrocarbons and are obtained from natural deposits or as re sidues from distillation of crude petroleum

or coal.

H. Bituminous Roof Coating : A coating which incorporates bitumens that is labeled and formulated exclusively for roofing.

I. Bituminous Roof Primer : A primer which incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing

components.

J. Bond Breaker : A coating labeled and formulated for application between layers of concrete to prevent a freshly poured top la yer of concrete from bonding to the layer over which it is poured.

K. Coating : A material applied onto or impre gnated into a substrate for protective, decorative or functional purposes. Such ma terials include, but are not limited to, paints, varnishes, sealers and stains.410.1A Final Staff Report – Adopted Rule

Appendix A A-3 Draft 4/5/2010 L. Colorant : A concentrated pigment dispersed in water, solvent and/or binder that is

added to an architectural co ating after packaging in sale units to produce the desired

color.

M. Concrete Curing Compound : A coating labeled and form ulated for application to freshly poured concrete to perform one or more of the following functions:

1. Retard the evaporation of water; or

2. Harden or dustproof the surface of freshly poured concrete.

N. Concrete/Masonry Sealer : A clear or opaque coating th at is labeled and formulated primarily for application to concrete and ma sonry surfaces to perform one or more of the following functions:

1. Prevent penetration of water; or

2. Provide resistance against abrasion, al kalis, acids, mildew, staining, or ultraviolet light; or

3. Harden or dustproof the surface of aged or cured concrete.

O. Driveway Sealer : A coating labeled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:

1. Fill cracks; or

2. Seal the surface to provide protection; or

3. Restore or preserve the appearance.

P. Dry Fog Coating : A coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

Q. Exempt Compound : A compound identified as exempt pursuant to the definition of Volatile Organic Compound (VOC), Subsec tion V. III. Exempt compounds content of a coating shall be determined by U.S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised August 1993), incorporated by referenc e in Subsection VII.C.12.

R. Faux Finish Coating : A coating labeled and formulated to meet one or more of the following criteria:

1. A glaze or textured coating used to create artistic effect s including, but not limited to: dirt, suede, old age, smoke damage, and simulated marble or wood grain; or

2. A decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of pearlescent mica pigment or other iridescent pigment pe r liter of coating as ap plied (at least 0.4 pounds per gallon); or

3. A decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pi gment per liter of coating as applied (less than 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by refere nce in subsection VII.C.10; or

4. A decorative coating used to create a metallic appearance that contains greater than 48 grams of elemental metallic pi gment per liter of coating as applied410.1A Final Staff Report – Adopted Rule

Appendix A A-4 Draft 4/5/2010 (greater than 0.4 pounds per gallon) a nd which requires a clear topcoat to prevent the degradation of the fini sh under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by refere nce in subsection VII.C.10; or

5. A clear topcoat to seal and protect a Faux Finishi ng coating that meets the requirements of subsection IV.R.1, IV .R.2, IV.R.3, or VR.4. These clear topcoats must be sold and used solely as part of a Faux Finishing coating system, and must be labeled in accordance with subsection VII.A.4.

S. Fire Resistive Coating : A coating labeled and formul ated to protect structural integrity by increasing fire endurance of interi or or exterior steel and other structural materials. The Fire Resistive category incl udes sprayed fire resistive materials and intumescent fire resistive coatings that ar e used to bring struct ural materials into compliance with Federal, State and local building code requirements. Any fire resistive coating and a testing agency must be approved by building code officials. Any fire resistive coating shall be test ed in accordance with ASTM Designation E 119-07, incorporated by refere nce in Subsection VII.C.8.

T. Fire Retardant Coating : A coating labeled and formul ated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by building code officials for use in bringi ng building and construction materials into compliance with federal, state and local building code requirements. The fireretardant coating and the testing agency must be approved by buildi ng code officials. The fire-retardant coating shall be test ed in accordance with ASTM Designation E 84-07, incorporated by reference in subs ection VII.C.7. Effective January 1, 2011, the Fire Retardant coating category is eliminated and coatings with fire retardant properties will be subject to the VOC lim it of their primary category (e.g., Flat Nonflat, ECT.).

U. Flat Coating : A coating not defined under any othe r definition in this Rule and that registers gloss less than 15 on an 85 degree meter or less than five on a 60 degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in

Subsection VII.C.9.

V. Floor Coating : An opaque coating labeled and form ulated for application to flooring, including, but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces which may be subj ect to foot traffic.

W. Form-Release Compound : A coating labeled and formulated for application to a concrete form to prevent freshly poured c oncrete from bonding to the form. The form may consist of wood, metal or some material other than concrete.

X. Graphic Arts Coating or Sign Paint : A coating labeled and formulated for handapplication by artists using brush, air brush, or roller techniques to indoor and outdoor signs (excluding structural components) and murals including lettering enamels, poster colors, copy blockers and bulletin enamels.410.1A Final Staff Report – Adopted Rule

Appendix A A-5 Draft 4/5/2010 Y. High-Temperature Coating : A high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

Z. Industrial Maintenance Coating : High performance architect ural coatings including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, in cluding floors, exposed to one or more of the following

extreme environmental conditions listed in Subsections V.Z.1. through V.Z.5. and labeled as specified in Subsection VII.A.5

1. Immersion in water, wastewater orchemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surf aces to moisture condensation;

2. Acute or chronic exposure to corrosive , caustic or acidic agents or to chemicals, chemical fumes or ch emical mixtures or solution;

3. Frequent exposure to temper atures above 121°C (250°F);

4. Frequent heavy abrasion, including mech anical wear and frequent scrubbing with industrial solvents, clean sers or scouring agents; or

5. Exterior exposure of metal struct ures and structural components.

AA. Low Solids Coating : A coating containing 0.12 kilogram or less of solid s per liter (1 pound or less of solids per gallon) of coating material as recommended for application by the manufactur er. The VOC content for Low Solids Coatings shall be

calculated in accordance with section V.JJJ.

BB. Magnesite Cement Coating : A coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by

water.

CC. Manufacture’s Maximum Th inning Recommendations : The maximum recommendation for thinning that is indicate d on the label or lid of the coating

container.

DD. Mastic Texture Coating : A coating labeled and formul ated to cover holes and minor

cracks and to conceal surface ir regularities, and applied in a single coat of at least 10 mils (at least0.010 inch) dry film thickness.

EE. Medium Density Fiberboard (MDF) : A composite wood product, panel, molding, or other building material composed of cellu losic fibers (usually wood) made by dry forming and pressing a resinated fiber mat.

FF. Metallic Pigmented Coating : A coating that is labeled and formulated to provide a metallic appearance. Metallic Pigmented coatings must contain at least 48 grams of elemental metallic pigment (excluding zinc) pe r liter of coating as applied (at least 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by reference in Subsection VII.C.10. The Metallic Pigmented Coating category does not include coatings applied to roof s or Zinc-Rich Primers.410.1A Final Staff Report – Adopted Rule

Appendix A A-6 Draft 4/5/2010 GG. Multicolor Coating : A coating packaged in a single container and that is labeled and

formulated to exhibit more than one color when applied in a single coat.

HH. Nonflat Coating : coating not defined under any other definition in this Rule and that registers a gloss of 15 or greater on an 85 degree meter and 5 or greater on a 60 degree meter according to ASTM Designation D 523-89 (1999), incorporated by

reference in Subsection VII.C.9.

II. Nonflat - High Gloss Coating : A nonflat coating that registers a gloss of 70 or above on a 60 degree meter according to ASTM De signation D 523-89 (1999), incorporated by reference in Subsection VII.C.9. Nonflat - High Gloss coatings must be labeled in

accordance with subsection VII.A.10.

JJ. Particleboard : A composite wood produc t panel, molding, or ot her building material composed of cellulosic material (usually wood) in the form of discrete particles, as distinguished from fibers, flakes, or stra nds, which are pressed together with resin.

KK. Pearlescent : Exhibiting various colo rs depending on the angles of illumination and viewing, as observed in mother-of-pear.

LL. Plywood : A panel product consisting of laye rs of wood veneers or composite core pressed together with resin. Plywood include s panel products made by either hot or cold pressing (with resin) veneers to a platform.

MM. Post Consumer Coating : Finished coatings generate d by a business or consumer that have served their intended end uses, and ar e recovered from or otherwise diverted

from the waste stream for the purpose of recycling.

NN. Pre-Treatment Wash Primer : A primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordan ce with ASTM Designation D 1613-06, incorporated by reference in Subsecti on VII.C.11. labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

OO. Primer, Sealer, and Undercoater : A coating labeled and formulated for one or more of the following purposes:

1. To provide a firm bond between the substr ate and the subsequent coatings; or

2. To prevent subsequent coatings from being absorbed by the substrate; or

3. To prevent harm to subsequent coatin gs by materials in the substrate; or

4. To provide a smooth surface for the subsequent application of coatings; or

5. To provide a clear finish coat to seal the substrate; or

6. To block materials from penetrating in to or leaching out of a substrate.

PP. Reactive Penetrating Sealer : A clear or pigmented co ating that is labeled and formulated for application to above-grade c oncrete and masonry substrates to provide protection from water and waterborne contaminates, including but not limited to alkalis, acids, and salts. R eactive Penetrating Sealers must penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally410.1A Final Staff Report – Adopted Rule

Appendix A A-7 Draft 4/5/2010 occurring minerals in the s ubstrate. Reactive Penetrati ng Sealers line the pores of concrete and masonry substrates with a hydrophobic coating, but do not form a

surface film. Reactive Penetra ting Sealers must meet all of the following criteria:

1. The Reactive Penetrating Sealer must improve water repellency at least 80 percent after application on a concrete or masonry substrate. This performance must be verified on standardized test specimens, in accordance with one or more of the following standards, inco rporated by refere nce in subsection VII.C.22: ASTM C67-07, or ASTM C97-02, or ASTM C140-06; and

2. The Reactive Penetrating Sealer must not reduce the water vapor transmission rate by more than 2 percent after ap plication on a concrete or masonry substrate. This performance must be ve rified on standardized test specimens, in accordance with ASTM E96/E96M-05, incorporated by reference in subsection VII.C.23; and

3. Products labeled and formulated for vehicular traffic surface chloride screening applications must meet the performance criteria listed n the National Cooperative highway Research Report 244 (1981), incorporated by reference in subsection VII.C.24; and

4. Reactive Penetrating Sealers must be labeled in accordance with subsection

VII.A.8.

QQ. Recycled Coating : An architectural coating formulated such that it contains a minimum of 50% by volume post-consumer coating, with a maximum of 50% by volume secondary industrial materi als or virgin materials.

RR. Residential : Areas where people reside or lodge , including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes,

motels and hotels.

SS. Roof Coating : A non-bituminous coating labeled a nd formulated for application to roofs for the primary purpose of preventing water penetration, re flecting ultraviolet light, or reflecting solar radiation.

TT. Rust Preventative Coating : A coating formulated to prevent corrosion of metal surfaces for one or more of the following applications:

1. Direct-to-metal coating; or

2. Coating intended for application over rusty, previously coated surfaces.

The Rust Preventative category does not include the following:

3. Coatings that are required to be a pplied as a topcoat over a primer; or

4. Coatings that are intended for use on wood or any other nonmetallic surface.

Rust Preventative coatings are for metal s ubstrates only and must be labeled as such,

in subsection VII.A.6.

UU. Secondary Industrial Materials : Products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose.410.1A Final Staff Report – Adopted Rule

Appendix A A-8 Draft 4/5/2010 VV. Semitransparent Coating : A coating that contains bi nders and colored pigments and is formulated to change the color of the surface, but not conceal the grain pattern or

texture.

WW. Shellac : A clear or opaque coating formulated solely with resinous secretions of the lac beetle ( Laciffer lacca ), and formulated to dry by ev aporation without a chemical

reaction.

XX. Shop Application : Application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production or repairing process (e.g., original eq uipment manufacturing coatings).

YY. Solicit : To require for use or to specify, by written or oral contract.

ZZ. Specialty Primer, Sealer and Undercoater : A coating that is formulated for application to a substrate to block water- soluble stains resulting from: fire damage; smoke damage; or water damage. Specialty Pr imers, Sealers, and Undercoaters must

be labeled in accordance w ith subsection VII.A.7.

AAA. Stain : A semitransparent or opaque coating labeled and formulated to change the

color of a surface but not conceal grain pattern or texture.

BBB. Stone Consolidant : A coating that is la beled and formulated for application to stone substrates to repair histori cal structures that have been damaged by weather or other decay mechanisms. Stone Consolidants must penetrate into substr ates to create bonds between particles and consolid ate deteriorated material. St one Consolidants must be specified and used in accordance with AS TM E2167-01, incorporated by reference in

subsection VII.C.25. Stone Consolidants are for professional us e only and must be labeled as such, in accordance with the labeling requi rements in subsection VII.C.10.

CCC. Swimming Pool Coating : A coating labeled and formulat ed to coat the interior of swimming pools and to resist swimming pool chemicals. Swimming pool coatings include coatings used for swimmi ng pool repair and maintenance.

DDD. Tint Base : An architectural coating to which colo rant is added after packaging in sale units to produce a desired color.

EEE. Traffic Marking Coating : A coating labeled and formul ated for marking and striping streets, highways or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, side walks and airport runways.

FFF. Tub and Tile Refinish Coating : A clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop. Tub and Tile Refini sh coatings must meet all of the following criteria:

1. The coating must have a scratch ha rdness of 3H or harder and a gouge

hardness of 4H or harder. This mu st be determined on bonderite 1000, in410.1A Final Staff Report – Adopted Rule

Appendix A A-9 Draft 4/5/2010 accordance with ASTM D3363-05, incorpor ated by reference in subsection VII.C.17; and

2. The coating must have a weight lo ss of 20 milligrams or less after 1000 cycles. This must be determined with CS-17 wheels on bonderite 1000, in accordance with ASTM D4060-07, incorpor ated by reference in subsection VII.C.18; and

3. The coating must withstand 1000 hours or more of exposure with few or no #8 blisters. This must be determined on unscribed bonderite, in accordance with ASTM D4585-99, and ASTM D714-02e 1, incorporated by reference in subsection VII.C.19; and

4. The coating must have an adhesion rati ng of 4B or better after 24 hours of recovery. This must be determined on unscribed bonderite, in accordance with ASTM D4585-99 and ASTM D3359-02, incorporated by reference in

subsection VII.C.16.

GGG. Veneer : Thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, or other products.

HHH. Virgin Materials : Materials that contain no post- consumer coatings or secondary

industrial materials.

III. Volatile Organic Compound (VOC) : Any volatile compound c ontaining at least one atom of carbon, excluding Exempt Compounds as listed in Rule 102 Definitions.

JJJ. VOC Actual : VOC Actual is the weight of VOC per volume of coating and it is calculated with the following equation:

VOC Actual = (Ws – Ww – Wec) (Vm)

Where: VOC Actual = the grams of VOC per liter of coating (also known as Material VOC)

Ws = weight of volatiles, in grams Ww = weight of water, in grams Wec = weight of exempt compounds, in grams Vm = volume of coating, in liters

KKK. VOC Content : The weight of VOC per volume of coating. VOC content is VOC Regulatory, as defined in section V.LLL, fo r all coatings except those in the Low Solids category. For all coatings in th e Low Solids category, the VOC Content is VOC Actual, as defined in section V.JJJ. If the coating is a multi-component product, the VOC content is VOC Regulatory as mixe d or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing.410.1A Final Staff Report – Adopted Rule

Appendix A A-10 Draft 4/5/2010 LLL. VOC Regulatory : VOC Regulatory is the weight of VOC per volume of coating, less the volume of water and exempt compounds. It is calculated with the following equation:

VOC Regulatory = (Ws – Ww – Wec) (Vm – Vw – Vec)

Where: VOC Regulatory = grams of VOC pe r liter of coating, less water and exempt compounds (also known as Coating VOC)

Ws = weight of volatiles, in grams Ww = weight of water, in grams Wec = weight of exempt compounds, in grams Vm = volume of coating, in liters

Vw = volume of water, in liters Vec = volume of exempt compounds, in liters

MMM. Waterproofing Membrane : A clear or opaque coating th at is labeled and formulated for application to concrete and masonry su rfaces to provide a seamless waterproofing membrane that prevents any penetrati on of liquid water into the substrate. Waterproofing Membranes are intended for the following waterproofing applications: below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing Membranes must meet the following

criteria:

1. Coating must be applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness; and

2. Coatings must meet or exceed the requirements contained in ASTM C836- 06, incorporated by reference in subsection VII.C.20. The Waterproofing Membrane ca tegory does not include topc oats that are included in the Concrete/Masonry Sealer category (e.g., parking deck topcoats, pedestrian deck topcoats, etc.).

NNN. Wood Coatings : Coatings labeled and formulated for application to wood substrates only. The Wood Coatings category includes the following clear and semitransparent coatings: lacquers; varnishes; sanding seal ers; penetrating oils; clear stains; wood conditioners used as undercoats; and w ood sealers used as topcoats. The Wood Coatings category also includes the following opaque wood coatings: opaque lacquers; opaque sanding sealers; an d opaque lacquer unde rcoaters. The Wood Coatings category does not include the follo wing: clear sealers that are labeled and formulated for use on concrete/masonry surfaces; or coatings intended for substrates

other than wood.

Wood Coatings must be labeled “For Wood Substrates Only”, in accordance with

subsection VII.A.11.

OOO. Wood Preservative : A coating labeled and formulat ed to protect exposed wood from decay or insect attack, registered wi th both the U.S. EPA under the Federal410.1A Final Staff Report – Adopted Rule

Appendix A A-11 Draft 4/5/2010 Insecticide, Fungicide, and R odenticide Act (7 United Stat es Code (U.S.C.) Section 136, et seq.) and with the California Department of Pesticide Regulation.

PPP. Wood Substrates : A substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood Products do not include items comprised of simulated wood.

QQQ. Zinc-Rich Primer : Is a coating that meets all of the following specifications:

1. Coating contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids; and

2. Coating is formulated for application to metal substrates to provide a firm bond between the substrate and subseque nt applications of coatings; and

3. Coating is intended for professional us e only and is labeled as such, in accordance with the labeling require ments in subsection VII.A.12.

VI. Requirements

A. VOC Content Limits : No person except as provided in Subsections VI.B.and VI.C.,

shall:

1. Manufacture, blend, or repackage for sale within the District;

2. Supply, sell or offer for sale within the District; or

3. Solicit for application or apply within the District, any architectural coating

with a VOC content in excess of the corresponding VOC Content limit specified in the Table of Standards, af ter the specified effective date in the Table of Standards. Limits are expres sed as VOC Regulatory, thinned to the manufacture’s maximum thinning reco mmendation, excluding any colorant

added to tint bases.

B. Most Restrictive VOC Limit : If a coating meets the definition in Section V for one or more specialty coating categories that are li sted in the Table of Standards, then that coating is not required to meet the VOC li mits for Flat, Nonflat, or Nonflat – High Gloss coatings, but is required to meet the VOC limit for the applicable specialty coating listed in the Table of Standards.

With the exception of the specialty coating categories specified in subsections VI.B.1 through VI.B.12, if a coating is recommende d for use in more than one of the specialty coating categories listed in the Ta ble of Standards, the most restrictive (or lowest) VOC content shall apply. This requirement applies to: usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, adve rtising, or technical literature supplied by a manufacturer or anyone acting on their behalf.

1. Metallic pigmented coatings.

2. Shellacs.

3. Pretreatment wash primers.

4. Industrial maintenance coatings.

5. Low-solids coatings.

6. Wood preservatives.410.1A Final Staff Report – Adopted Rule

Appendix A A-12 Draft 4/5/2010 7. High-temperature coatings.

8. Bituminous roof primers.

9. Specialty primers, sealers and undercoaters.

10. Aluminum roof coatings.

11. Zinc-rich primers.

12. Wood Coatings.

C. Sell-Through/Existing Stock of Coatings : A coating manufactured prior to the VOC Content limit effective date(s) specified for that coating in the Table of Standards, that complied with the VOC Content limit in effect at the time the coating was manufactured, may be sold, suppl ied, or offered for sale for up to three years after the specified VOC Content limit effective date(s) listed in the Table of Standards. Such a coating may be applied at any time, both be fore and after the specified effective date. This subsection VI.C does not apply to any coating that does not display the date or date-code required by subsection VII.A.1.

D. Painting Practices : All architectural coating contai ners used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means, sh all be closed when not in use. Such architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays or other appli cation containers. Contai ners of any VOC-containing materials used for thinning and cleanup sha ll also be closed when not in use.

E. Thinning : No person who applies or solicits ap plication of any ar chitectural coating shall apply a coating thinned to exceed the applicable VOC limit specified in the

Table of Standards.

F. Coatings Not Listed in the Table of Standards : For any coating that does not meet any of the definitions for specialty coa tings categories listed in the Table of Standards, the VOC content limit shall be de termined by classifying the coating as a Flat, Nonflat, or Nonflat-High Gloss coa ting, based on its gloss, as defined in Subsections V.U., V.HH. and V.II. and th e corresponding Flat, Nonflat, or NonflatHigh Gloss VOC limit in the Tabl e of Standards shall apply.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK410.1A Final Staff Report – Adopted Rule

Appendix A A-13 Draft 4/5/2010 TABLE OF STANDARDS

VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS

Coating Category Effective 1/1/2011 Effective 1/1/2012 Flat Coatings 50 Nonflat Coatings 100 Nonflat - High Gloss Coatings 150 Specialty Coatings: Aluminum Roof Coatings 400 Basement Specialty Coatings 400 Bituminous Roof Coatings 50

Bituminous Roof Primers 350

Bond Breakers 350 Concrete Curing Compounds 350 Concrete/Masonry Sealers 100 Driveway Sealers 50 Dry Fog Coatings 150 Faux Finishing Coatings 350 Fire Resistive Coatings 350 Floor Coatings 100 Form-Release Compounds 250 Graphic Arts Coatings (Sign Paints) 500 High Temperature Coatings 420 Industrial Maintenance Coatings 250 Low Solids Coatings 2 120 Magnesite Cement Coatings 450 Mastic Texture Coatings 100 Metallic Pigmented Coatings 500 Multi-Color Coatings 250

Pre-Treatment Wash Primers 420
Primers, Sealers, and Undercoaters 100 Reactive Penetrating Sealers 350 Recycled Coatings 250 Roof Coatings 50 Rust Preventative Coatings 400 250

Shellacs:

 Clear

 Opaque 730

550
Specialty Primers, Sealers, and U ndercoaters 350 100

Stains 250

Stone Consolidants 450 Swimming Pool Coatings 340 Traffic Marking Coatings 100 Tub and Tile Refinish Coatings 420 Waterproofing Membranes 250 Wood Coatings 275

Wood Preservatives 350

Zinc-Rich Primers 340

1. Limits are expressed as VOC Regulatory thinned to the manufacturer’s maximum thinning recommendation, excluding any colorant added to tint bases.

2. Limit is expressed as VOC Actual.410.1A Final Staff Report – Adopted Rule

Appendix A A-14 Draft 4/5/2010 VII. Administrative Requirements

A. Labeling Requirements : Each manufacturer of any ar chitectural coating subject to this Rule shall display information listed in Subsections VII. A.1. through VII.A.12 on coating container (or label) in whic h coating is sold or distributed.

1. Date Code : The date coating was manufactur ed, or date code representing date, shall be indicated on label, lid or bottom of container. If manufacturer uses a date code for any coating, manuf acturer shall file an explanation of

each code with the Executive Officer of the ARB.

2. Thinning Recommendations : A statement of manufacturer's recommendation regarding thinning of coati ng shall be indicated on la bel or lid of container. This requirement does not apply to thi nning of architectural coatings with water. If thinning of co ating prior to use is not necessary, recommendation must specify coating is to be applied without thinning.

3. VOC Content : Each container of any coating su bject to this rule shall display one of the following values in gram s of VOC per liter of coating:

a. Maximum VOC Content as determ ined from all potential product formulations; or

b. VOC Content as determined from actual formulation data; or

c. VOC Content as determined using the test methods in subsection

VII.C.2.

If the manufacturer does not recommend th inning, the container must display the VOC Content, as supplied. If the ma nufacturer recommen ds thinning, the container must display the VOC Cont ent including the maximum amount of thinning solvent recommended by the manu facturer. If the coating is a multicomponent product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing. VOC Content shall be determined as defined in subsections V.JJJ, V.KKK, and V.LLL.

4. Faux Finishing Coatings : The labels of all clear topcoat Faux Finishing coatings shall prominently display the statement “This product can only be sold or used as part of a Fa ux Finishing coating system.”

5. Industrial Maintenance Coatings : The labels of all Industrial Maintenance coatings shall prominently display the statement “For industrial use only” or “For professional use only” or “Not fo r residential use” or “Not intended for

residential use”.

6. Rust Preventative Coatings : The labels of all rust preventative coatings shall prominently display statement “F or Metal Substrates Only”.410.1A Final Staff Report – Adopted Rule

Appendix A A-15 Draft 4/5/2010 7. Specialty Primers, Sealers and Undercoaters : Until January 1, 2012, the labels of all specialty primers, sealers and undercoaters shall prominently display one or more of following descriptions:

a. For fire damaged substrates;

b. For smoke damaged substrates;

c. For water damaged substrates; or

8. Reactive Penetrating Sealers : The labels of all Reactive Penetrating Sealers shall prominently display the statem ent “Reactive Penetrating Sealer”.

9. Stone Consolidants : The labels of all Stone Consolidants shall prominently display the statement “Stone Consol idant – For Professional Use Only”.

10. Nonflat-High Gloss Coatings : The labels of all nonf lat-high gloss coatings shall prominently display words “High Gloss”.

11. Wood Coatings : The labels of all Wood Coatings shall prominently display the statement “For Wood Substrates Only”.

12. Zinc Rich Primers : The labels of all Zinc Rich Primers shall prominently display one of the followi ng statements “Not For Re sidential Use” or “Not

Intended For Residential Use” or “F or Industrial Use Only” or “For professional use only”.

B. Reporting Requirements

1. Sales Data : A responsible official from each manufacturer shall upon request of the Executive Officer of the ARB, or his or her delegate, provide data concerning the distribution and sales of architectural coatings. The responsible official shall within 180 days provide information including, but not limited

to:

a. The name and mailing address of the manufacturer;

b. The name, address and telephone number of a contact person;

c. The name of the coating product as it appears on the label and the applicable coating category;

d. Whether the product is marketed for in terior or exteri or use or both;

e. The number of gallons sold in Californ ia in containers greater than one liter (1.057 quart) and equal to or less than one liter (1.057 quart);

f. The VOC Actual content and VOC Regulatory content in grams per liter. If thinning is recommended, list the VOC Actual content and VOC Regulatory content after ma ximum recommended thinning. If

containers less than one liter ha ve a different VOC content than containers greater than one liter, list separately. If the coating is a multi-component product, provide the VOC content as mixed or catalyzed;

g. The names and CAS numbers of the VOC constituents in the product;410.1A Final Staff Report – Adopted Rule

Appendix A A-16 Draft 4/5/2010 h. The names and CAS numbers of any compounds in the product specifically exempted from the VOC definition, as listed in Rule 102 Definitions;

i. Whether the product is marketed as solventborne, waterborne, or 100% solids; j. Description of resin or binder in the product;

k. Whether the coating is a singl e-component or multi-component product;

l. The density of the product in pounds per gallon;

m. The percent by weight of: solids, all volatile materials, water, and any compounds in the product specifi cally exempted from the VOC; definition, as listed in Rule 102 Definitions

n. The percent by volume of: solids, water, and any compounds in the product specifically exempted from the VOC definition, as listed in

Rule 102 Definitions.

2. All sales data listed in subsection VII. B.1.a to VII.B.1.n shall be maintained by the responsible official for a minimum of three years. Sales data submitted by the responsible official to the Executive Officer of the ARB may be claimed as confidential, and such info rmation shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations

Sections 91000-91022.

C. Test Methods

1. Calculation of VOC Content : For the purpose of determining compliance with

the VOC content limits in the Table of Standards, the VOC content of a coating shall be determined as defined in subsection V.JJJ, V.KKK, or

V.LLL. The VOC content of a tint base sh all be determined without colorant

that is added after the tint base is manufactured. If the ma nufacturer does not recommend thinning, the VOC content mu st be calculated for the product as supplied. If the manufacturer recomme nds thinning, the VOC content must be calculated including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the VOC

content must be calculated as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredient s that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing.

2. VOC Content of Coatings : To determine physical properties of a coating in order to perform calculations in Subsections V.LLL. or V.JJJ., the reference

method for VOC content shall be U.S. EPA Method 24, except as provided in

Subsections VII.C.3 and VII.C.4. An alternative method to determine VOC content of coatings is SCAQMD Method 304-91 (Revised 1996), incorporated by reference in Subsection VII.C.4. Th e exempt compounds content shall be determined by SCAQMD Method 303-91 (Revised 1993), BAAQMD Method 43 (Revised 1996), or BAAQMD Method 41 (Revised 1995), as applicable, incorporated by reference in Subs ection VII.C.12, VII.C.13, and VII.C.14,410.1A Final Staff Report – Adopted Rule

Appendix A A-17 Draft 4/5/2010 respectively. To determine VOC conten t of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method as provided in Subsection VII.C.3., formulation data, or any ot her reasonable means for predicting coating has been formulated as inte nded (e.g., quality assurance checks, recordkeeping). However, if there are any inconsistencies between results of a Method 24 test and any other means for determining VOC content, Method 24 test results will govern, except when an alternative method is approved as specified in Subsection VII.C.3. The District Air Pollution Control Officer (APCO) may require manufacturer to conduct a Method 24 analysis.

3. Alternative Test Methods : Other test methods demons trated to provide results acceptable for purposes of determining compliance with Subsection VII.C.2., after review and approved in writing by the staffs of Dist rict, ARB and U.S. EPA, may also be used.

4. Alternative VOC Content of Coatings : The VOC content of coatings may be analyzed either by U.S. EPA Method 24 or SCAQMD Method 304-91 (Revised 1996), “Determination of Vo latile Organic Compounds (VOC) in Various Materials”, “SCAQMD Labora tory Methods of Analysis for Enforcement Samples” (see Subsection VII.C.2.).

5. VOC Content of Coatings : The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, “Determination of Volatile Matter Content, Water Content, Density, Volume Solids and We ight Solids of Surface Coatings” (see Subsection VII.C.2.).

6. Methacrylate Traffic Marking Coatings : The VOC content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by procedures in 40 CFR Part 59, Subpart D, Appendix A, “Determination of

Volatile Matter Content of Methacrylate Multicompone nt Coatings Used as Traffic Marking Coatings”. (This method has not been approved for methacrylate multicomponent coatings used for other purposes than traffic marking coatings or for other classes of multicomponent coatings).

7. Flame Spread Index : The flame spread index of a fire retardant coating shall be determined by ASTM E 84-07, “Standard Test Method for Surface Burning Characteristics of Building Materials” (see Subsection V.T., Fire Retardant Coating).

8. Fire Resistance Rating : The fire resistance rating of a fire resistive coating shall be determined by ASTM E 119-07, “Standard Test Methods for Fire Tests of Building Construction Materials” (see Subsection V.S., Fire Resistive Coating).410.1A Final Staff Report – Adopted Rule

Appendix A A-18 Draft 4/5/2010 9. Gloss Determination : Gloss of a coating shall be determined by ASTM D 523-89 (1999), “Standard Test Method fo r Specular Gloss” (see Subsections V.U., V.HH., and V.II. Flat Coating, Nonflat Coati ng, and Nonflat-High Gloss Coating).

10. Metal Content of Coatings : Metallic content of a co ating shall be determined by SCAQMD Method 318-95, “Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction,” SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see Subsections V.C., V.R., and V.FF; Aluminum Roof, Faux Finishing, a nd Metallic Pigmented Coating).

11. Acid Content of Coatings : The acid content of a co ating shall be determined by ASTM D 1613-06, “Standard Test Method for Acidity in Volatile Solvents

and Chemical Intermediaries Used in Paint, Varnish, Lacquer and Related Products” (see Subsection V.NN., Pr etreatment Wash Primer).

12. Exempt Compounds : The content of compound s pursuant to U.S. EPA Method 24 shall be analyzed by SC AQMD Method 303-91 (Revised 1993), “Determination of Exempt Compounds”, “SCAQMD Laboratory Methods of Analysis for Enforcement Samples” (see Subsection V.III., Volatile Organic Compound and Subsection VII.C.2.).

13. Exempt Compounds–Siloxanes : Exempt compounds that are cyclic, branched or linear completely methylated siloxa nes, shall be analyzed as exempt compounds for compliance with Se ction VIII by BAAQMD Method 43, “Determination of Volatile Methylsiloxa nes in Solvent-Based Coatings, Inks, and Related Materials”, “BAAQMD Manua l of Procedures”, Volume III, adopted 11/6/96 (see Subsection V.III ., Volatile Organic Compound and Subsection VII.C.2.).

14. Exempt Compounds– Parachlo robenzotrifluoride (PCBTF) : The exempt compound parachlorobenzotrifluoride sh all be analyzed as an exempt compound for compliance with Se ction VIII by BAAQMD Method 41, “Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Pa rachlorobenzotrifluoride”, “BAAQMD Manual of Procedures”, Volume III, adopted 12/20/95 (see Subsection V.III., Volatile Organic Compounds and Subsection VII.C.2.).

15. Hydrostatic Pressure for Basement Specialty Coatings : ASTM D7088-04, “Standard Practice for Resistance to Hydr ostatic Pressure for Coatings Used in Below Grade Applications Applied to Masonry” (see section V.F., Basement Specialty Coating).

16. Tub and Tile Refinish Coating Adhesion : ASTM D 4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D3359-02, “Sta ndard Test Methods for Measuring Adhesion by Tape Test” (see section V.FFF ., Tub and Tile Refinish Coating).410.1A Final Staff Report – Adopted Rule

Appendix A A-19 Draft 4/5/2010 17. Tub and Tile Refinish Coating Hardness : ASTM D 3363-05, “Standard Test Method for Film Hardness by Pencil Test ” (see section V.FFF., Tub and Tile Refinish Coating).

18. Tub and Tile Refinish Co ating Abrasion Resistance : ASTM D 4060-07,

“Standard Test Methods for Abrasion Resistance of Organic Coatings by the Taber Abraser” (see section V.FFF., Tub and Tile Refinish Coating).

19. Tub and Tile Refinish Coating Water Resistance : ASTM D 4585-99, “Standard Practice for Testing Water Re sistance of Coatings Using Controlled Condensation” and ASTM D714-02e1, “Standard Test Method for Evaluating Degree of Blistering of Paints” (see s ection V.FFF., Tub and Tile Refinish Coating).

20. Waterproofing Membrane : ASTM C836-06, “Standard Specification for High Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Cours e” (see section V.MMM., Waterproofing Membrane).

21. Mold and Mildew Growth for Basement Specialty Coatings : ASTM D3273- 00, “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Envi ronmental Chamber” and ASTM D3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation” (see section V.F., Basement Specialty Coating).

22. Reactive Penetrating Sealer Water Repellency : ASTM C67-07, “Standard Test Methods for Sampling and Testing Br ick and Structural Clay Tile”; or ASTM C97-02, “Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone”; or AS TM C140-06, “Standard Test Methods for Sampling and Testing Concrete Ma sonry Units and Related Units” (see section V.PP., Reactive Penetrating Sealer).

23. Reactive Penetrating Sealer W ater Vapor Transmission : ASTM E96/E96M05, “Standard Test Method for Water Vapor Transmission of Materials” (see section V.PP., Reactive Penetrating Sealer).

24. Reactive Penetrating Sealer - Ch lor ide Screenin g Applications : National Cooperative Highway Research Report 244 (1981), “Concrete Sealers for the Protection of Bridge Stru ctures” (see section V.PP., Reactive Penetrating Sealer).

25. Stone Consolidants : ASTM E2167-01, “Standard Guide for Selection and Use of Stone Consolidants” (see section V.BBB., Stone Consolidant).

## APPENDIX B:

ADOPTED RULE 410.1A

ARCHITECTURAL COATING CONTROLS

STRIKEOUT UNDERLINE WORKSHOP VERSION410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-1 Draft 4/5/2010 RULE 410.1A Architectural Coating Controls Adopted 3/11/10 Effective as of

1/1/2011

I. Purpose

The purpose of this rule is to limit VOC emi ssions from architectural coatings. This rule specifies VOC Content limits, storage, cleanup

, and labeling requirements for architectural coatings.

II. Applicability

Except as provided in subsection I V, the provisions of this rule are applicable to architectural coatings as defined in this ru le and to any person who manufactures, blends, repackages, supplies, sells, offers for sale, so licits, or applies any ar chitectural coating for

use within the District.

III. Severability

Each provision of this rule sh all be deemed severable, and in the event that any provision of this rule is held to be invalid, the remainde r of this rule shall c ontinue in full force and

effect.

IV. Exemptions

A. Provisions of this Rule shall not apply to : 1. Any architectural coating that is supplied, sold, offered for sale, or manufactured for use outside of the District or for shipment to other manufacturers for reformulation or repackaging.

2. Any aerosol coating product.

B. a ny architectural coating that is su pplied, sold, offered for sale, or manufactured for

use outside of the District or for shipment to other manufacturers for reformulation or repackaging.

B. Provisions of section VI and subsection V II.A shall not apply to any architectural coating sold in a container with a vo lume of one liter (1.057 quarts) or less.

C. Provisions of section VI and subsection VII.A shall not apply to a ny architectural coating sold in a container with a vo lume of one liter (1.057 quarts) or less.

IV V . Definitions

A. Adhesive : Any chemical substance applied for the purpose of bonding two surfaces together other than by mechanical means.

B. Aerosol Coating Product : A pressurized coating pr oduct containing pigments or resins that dispense s product ingredients by means of a propellant and are is packaged in a disposable can for hand-held applicati on, or for use in speci alized equipment for ground traffic/marking applications.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-2 Draft 4/5/2010 C. Aluminum Roof Coating : A coating labeled and formulated exclusively for application to roofs and cont aining at least 84 grams of elemental aluminum pigment per liter of coating (at le ast 0.7 pounds per gallon). Pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference

in subsection VII.C. 9 10

.

D. Appurtenance : Any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipmen t and other fixed mechanical equipment or stationary tools; lamppos ts; partitions; pipes and pipi ng systems; rain gutters and downspouts; stairways, fixed ladders, catwa lks and fire escapes; and window screens.

E. Architectural Coating : A coating to be applied to stationary structures or their appurtenances at the site of in stallation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings app lied in shop applications or to nonstationary structures such as airplanes, airships , ships, boats, locomotives, railcars and automobiles, and adhesives are not consider ed architectural coatings for the purposes

of this Rule.

F. Basement Specialty Coating : A clear or opaque coa ting that is labeled and formulated for application to concrete a nd masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces. Basement Specialty Coatings must meet the following criteria:

1. Coating must be capable of withstan ding at least 10 psi of hydrostatic pressure, as determined in accordance with ASTM D7088-04, which is incorporated by referenc e in subsection VII.C. 14 15 ; 2. Coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or more , as determined in accordance with ASTM D3273-00 and ASTM D3274-95, incorporated by reference in

subsection VII.C. 20 21

.

G. Bitumens : Black or brown materials including, but not limited to, asphalt, tar, pitch and asphaltite that are soluble in carbon di sulfide, consist mainly of hydrocarbons and are obtained from natural deposits or are as residues from distillation of crude petroleum or coal.

H. Bituminous Roof Coating : A coating which incorporates bitumens that is labeled and formulated exclusively for roofing.

I. Bituminous Roof Primer : A primer which incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing

components.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-3 Draft 4/5/2010 J. Bond Breaker : A coating labeled and formulated for application between layers of concrete to prevent a freshly poured top la yer of concrete from bonding to the layer over which it is poured.

K. Coating : A material applied onto or impre gnated into a substrate for protective, decorative or functional purposes. Such ma terials include, but are not limited to, paints, varnishes, sealers and stains.

L. Colorant : A concentrated pigment dispersed in water, solvent and/or binder that is

added to an architectural co ating after packaging in sale units to produce the desired

color.

M. Concrete Curing Compound : A coating labeled and form ulated for application to freshly poured concrete to perform one or more of the following functions:

1. Retard the evaporation of water; or

2. Harden or dustproof the surface of freshly poured concrete.

N. Concrete/Masonry Sealer : A clear or opaque coating th at is labeled and formulated primarily for application to concrete and ma sonry surfaces to perform one or more of the following functions:

1. Prevent penetration of water; or

2. Provide resistance against abrasion, al kalis, acids, mildew, staining, or ultraviolet light; or

3. Harden or dustproof the surface of aged or cured concrete.

O. Driveway Sealer : A coating labeled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:

1. Fill cracks; or

2. Seal the surface to provide protection; or

3. Restore or preserve the appearance.

P. Dry Fog Coating : A coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

Q. Exempt Compound : A compound identified as exempt pursuant to the definition of Volatile Organic Compound (VOC), Subsection I V. KKK III . Exempt compounds content of a coating shall be determined by U.S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised August

1996 1993 ), incorporated by reference in Subsection VII.C. 11 12

.

R. Faux Finish Coating : A coating labeled and formulated to meet one or more of the following criteria:

1. A glaze or textured coating used to create artistic effect s including, but not limited to: dirt, suede, old age, smoke damage, and simulated marble or wood grain; or

2. A decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of pearlescent mica pigment or410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-4 Draft 4/5/2010 other iridescent pigment pe r liter of coating as ap plied (at least 0.4 pounds per gallon); or

3. A decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pi gment per liter of coating as applied (less than 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by re ference in subsection VII.C. 9 10 ; or 4. A decorative coating used to create a metallic appearance that contains greater than 48 grams of elemental metallic pi gment per liter of coating as applied (greater than 0.4 pounds per gallon) a nd which requires a clear topcoat to prevent the degradation of the fini sh under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by refe rence in subsection VII.C.10; or

5. A clear topcoat to seal and protect a Faux Finishi ng coating that meets the requirements of subsection IV.R.1, IV .R.2, IV.R.3, or VR.4. These clear topcoats must be sold and used solely as part of a Faux Finishing coating system, and must be labeled in accordance with subsection VII.A.4.

S. Fire Resistive Coating : A coating labeled and formul ated to protect structural integrity by increasing fire endurance of interi or or exterior steel and other structural materials. The Fire Resistive category incl udes sprayed fire resistive materials and intumescent fire resistive coatings that ar e used to bring struct ural materials into compliance with Federal, State and local building code requirements. Any fire resistive coating and a testing agency must be approved by building code officials. Any fire resistive coating shall be test ed in accordance with ASTM Designation E 119-07, incorporated by refere nce in Subsection VII.C. 7 8

.

T. Fire Retardant Coating : A coating labeled and formulat ed to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by building code officials for use in bringi ng building and construction materials into compliance with federal, state and local building code requirements. The fireretardant coating and the testing agency must be approved by buildi ng code officials. The fire-retardant coating shall be test ed in accordance with ASTM Designation E 84-07, incorporated by reference in subs ection VII.C.7. Effective January 1, 2011, the Fire Retardant coating category is eliminated and Coatings coatings with fire retardant properties will be subject to th e VOC limit of their primary category (e.g., Flat Nonflat, ECT.). Any fire retardant coating shall be tested in accordance with ASTM Designation E 84

- 99, incorporated by refere nce in Subsection VII.C. 6

.

U. Flat Coating : A coating not defined under any othe r definition in this Rule and that registers gloss less than 15 on an 85 degree meter or less than five on a 60 degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in

Subsection VII.C. 8 9

.

V. Floor Coating : An opaque coating labeled and form ulated for application to flooring, including, but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces which may be subj ect to foot traffic.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-5 Draft 4/5/2010 W. Form-Release Compound : A coating labeled and formulated for application to a concrete form to prevent freshly poured c oncrete from bonding to the form. The form may consist of wood, metal or some material other than concrete.

X. Gonioapparent : A change in appearance with a change in the angle of il lumination or the angle of view, as defined according to ASTM E

- 284

- 06b, incorporated by

reference in subsection VII.C 1 5

.

Y. X. Graphic Arts Coating or Sign Paint : A coating labeled and formulated for handapplication by artists using brush , air brush, or roller techniques to indoor and outdoor signs (excluding structural components) and murals including lettering enamels, poster colors, copy blockers and bulletin enamels.

Z. Y. High-Temperature Coating : A high performance coating labeled and formulated for application to substrates exposed con tinuously or intermittently to temperatures above 204°C (400°F).

AA. Z. Industrial Maintenance Coating : High performance ar chitectural coatings including antenna, antifouling, intermediate coats, primers, sealers, undercoaters, intermediate coats, and topcoats , and undercoaters formulated for application to

substrates , including floors, exposed to one or more of the following extreme

environmental conditions listed in Subsections I V. AA Z .1. through I V. AA Z .5. and labeled as specified in Subsection VII.A. 5

1. Immersion in water, wastewater orchemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surf aces to moisture condensation;

2. Acute or chronic exposure to corrosive , caustic or acidic agents or to chemicals, chemical fumes or ch emical mixtures or solution;

3. Frequent exposure to temper atures above 121°C (250°F);

4. Frequent heavy abrasion, including mech anical wear and frequent scrubbing with industrial solvents, clean sers or scouring agents; or

5. Exterior exposure of metal struct ures and structural components.

BB. AA. Low Solids Coating : A coating containing 0.12 kilogr am or less of solids per liter (1 pound or less of solids per gallon) of coating material as recommended for application by the manufactur er. The VOC content for Low Solids Coatings shall be

calculated in accordance with section V. LLL JJJ

.

CC. BB. Magnesite Cement Coating : A coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by

water.

DD. CC. Manufacture’s Maximum Th inning Recommendations : The maximum recommendation for thinning that is indicate d on the label or lid of the coating

container.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-6 Draft 4/5/2010 EE. DD. Mastic Texture Coating : A coating labeled and formulated to cover holes and minor cracks and to conceal surface irregulariti es, and applied in a single coat of at least 10 mils (at least0.010 inch) dry film thickness.

FF. EE. Medium Density Fiberboard (MDF) : A composite wood product, panel, molding, or other building material composed of ce llulosic fibers (usually wood) made by dry forming and pressing a resinated fiber mat.

GG. Metallic : Similar to the appearan ce of a gonioapparent materi al, as defined herein, containing metal flakes.

HH. FF. Metallic Pigmented Coating : A coating that is labele d and formulated to provide a metallic appearance. Metallic Pigmented coatings must contain at least 48 grams of elemental metallic pigment (excluding zinc) pe r liter of coating as applied (at least 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by referenc e in Subsection VII.C. 9 10 . The Metallic Pigmented Coating category does not include coatings applied to roof s or Zinc-Rich Primers.

II. GG. Multicolor Coating : A coating packaged in a single container and that is labeled and formulated to exhibit more than one color when applied in a single coat.

JJ. HH. Nonflat Coating : coating not defined under any ot her definition in this Rule and that registers a gloss of 15 or greater on an 85 degree meter and 5 or greater on a 60 degree meter according to ASTM Designation D 523-89 (1999), incorporated by

reference in Subsection VII.C. 8 9

.

KK. II. Nonflat - High Gloss Coating : A nonflat coating that re gisters a gloss of 70 or above on a 60 degree meter accordin g to ASTM Designation D 523-89 (1999), incorporated by referenc e in Subsection VII.C. 8 9 . Nonflat - High Gloss coatings must

be labeled in accordance with subsection VII.A. 9 10

.

LL. JJ. Particleboard : A composite wood product pane l, molding, or other building material composed of cellulosic material (usually wood) in the form of discrete particles, as distinguished fr om fibers, flakes, or strands , which are pressed together

with resin.

MM. KK. Pearlescent : Exhibiting various colors dependi ng on the angles of illumination and viewing, as observed in mother-of-pear.

NN. LL. Plywood : A panel product consisting of la yers of wood veneers or composite core pressed together with resin. Plywood in cludes panel products made by either hot or cold pressing (with resin) veneers to a platform.

OO. MM. Post Consumer Coating : Finished coatings genera ted by a business or consumer that have served their intended end uses, a nd are recovered from or otherwise diverted

from the waste stream for the purpose of recycling.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-7 Draft 4/5/2010 PP. NN. Pre-Treatment Wash Primer : A primer that contains a minimum of 0.5 percent acid, by weight, when tested in acco rdance with ASTM Designation D 1613- 96 06

, incorporated by referenc e in Subsection VII.C. 10 11 . labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

QQ. OO. Primer, Sealer, and Undercoater : A coating labeled and formulated for one or more of the following purposes:

1. To provide a firm bond between the substr ate and the subsequent coatings; or

2. To prevent subsequent coatings from being absorbed by the substrate; or

3. To prevent harm to subsequent coatin gs by materials in the substrate; or

4. To provide a smooth surface for the subsequent application of coatings; or

5. To provide a clear finish coat to seal the substrate; or

6. To block materials from penetrating in to or leaching out of a substrate.

RR. PP. Reactive Penetrating Sealer : A clear or pigmented co ating that is labeled and formulated for application to above-grade c oncrete and masonry substrates to provide protection from water and waterborne contaminates, including but not limited to alkalis, acids, and salts. R eactive Penetrating Sealers must penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the s ubstrate. Reactive Penetrati ng Sealers line the pores of concrete and masonry substrates with a hydrophobic coating, but do not form a

surface film. Reactive Penetra ting Sealers must meet all of the following criteria:

1. The Reactive Penetrating Sealer must improve water repellency at least 80 percent after application on a concrete or masonry substrate. This performance must be verified on standardized test specimens, in accordance with one or more of the following standards, inco rporated by refere nce in subsection VII.C.22: ASTM C67-07, or ASTM C97-02, or ASTM C140-06; and

2. The Reactive Penetrating Sealer must not reduce the water vapor transmission rate by more than 2 percent after ap plication on a concrete or masonry substrate. This performance must be ve rified on standardized test specimens, in accordance with ASTM E96/E96M-05, incorporated by reference in subsection VII.C.23; and

3. Products labeled and formulated for vehicular traffic surface chloride screening applications must meet the performance criteria listed n the National Cooperative highway Research Report 244 (1981), incorporated by reference in subsection VII.C.24; and

4. Reactive Penetrating Sealers must be labeled in accordance with subsection

VII.A.8.

SS. QQ. Recycled Coating : An architectural coating formulated such that it contains a minimum of 50% by volume post-consumer coating, with a maximum of 50% by volume secondary industrial materi als or virgin materials.

TT. RR. Residential : Areas where people reside or l odge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels and hotels.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-8 Draft 4/5/2010 UU. SS. Roof Coating : A non-bituminous coating labeled and formulated for application to roofs for the primary purpose of preventi ng water penetration, re flecting ultraviolet light, or reflecting solar radiation.

VV. TT. Rust Preventative Coating : A coating formulated to prevent corrosion of metal surfaces for one or more of the following applications:

1. Direct-to-metal coating; or

2. Coating intended for application over rusty, previously coated surfaces.

The Rust Preventative category does not include the following:

3. Coatings that are required to be a pplied as a topcoat over a primer; or

4. Coatings that are intended for use on wood or any other nonmetallic surface.

Rust Preventative coatings are for metal s ubstrates only and must be labeled as such,

in subsection VII.A.6.

WW. UU. Secondary Industrial Materials : Products of or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose.

XX. VV. Semitransparent Coating : A coating that contains binders and colored pigments and is formulated to change the color of th e surface, but not conceal the grain pattern

of or texture.

YY. WW. Shellac : A clear or opaque coating fo rmulated solely with resinous secretions of the lac beetle ( Laciffer lacca ), and formulated to dry by evaporation

without a chemical reaction.

ZZ. XX. Shop Application : Application of a coating to a product or a component of a product in or on the premises of a factor y or a shop as part of a manufacturing, production or repairing proce ss (e.g., original equipment manufacturing coatings).

AAA. YY. Solicit : To require for use or to specify, by written or oral contract.

ZZ. Specialty Primer, Sealer and Undercoater : A coating that is formulated for application to a substrate to block water- soluble stains resulting from: fire damage; smoke damage; or water damage. Specialty Pr imers, Sealers, and Undercoaters must

be labeled in accordance w ith subsection VII.A.7.

CCC. AAA. Stain : A semitransparent or opaque co ating labeled and formulated to change the color of a surface but not conceal grain pattern or texture.

DDD. BBB. Stone Consolidant : A coating that is la beled and formulated for application to stone substrates to repair historical struct ures that have been damaged by weather or other decay mechanisms. St one Consolidants mu st penetrate into

substrates to create bonds be tween particles and consolid ate deteriorated material. Stone Consolidants must be specified and used in accordance with ASTM E2167-01, incorporated by reference in subsection VII.C.25.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-9 Draft 4/5/2010 Stone Consolidants are for professional us e only and must be labeled as such, in accordance with the labeling requi rements in subsection VII.C. 12 10

.

EEE. CCC. Swimming Pool Coating : A coating labeled and formulat ed to coat the interior of swimming pools and to resist swimming pool chemicals. Swimming pool coatings include coatings used for swimmi ng pool repair and maintenance.

FFF. DDD. Tint Base : An architectural coating to which colorant is added after packaging in sale units to produ ce a desired color.

GGG. EEE. Traffic Marking Coating : A coating labeled and formulated for marking and striping streets, highways or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks and airport runways.

HHH. FFF. Tub and Tile Refinish Coating : A clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop. Tub and Tile Refini sh coatings must meet all of the following criteria:

1. The coating must have a scratch ha rdness of 3H or harder and a gouge

hardness of 4H or harder. This mu st be determined on bonderite 1000, in accordance with ASTM D3363-05, incorpor ated by reference in subsection VII.C.17; and

2. The coating must have a weight lo ss of 20 milligrams or less after 1000 cycles. This must be determined with CS-17 wheels on bonderite 1000, in accordance with ASTM D4060-07, incorpor ated by reference in subsection VII.C.18; and

3. The coating must withstand 1000 hours or more of exposure with few or no #8 blisters. This must be determined on unscribed bonderite, in accordance with ASTM D4585-99, and ASTM D714-02e 1, incorporated by reference in subsection VII.C.19; and

4. The coating must have an adhesion rati ng of 4B or better after 24 hours of recovery. This must be determined on unscribed bonderite, in accordance with ASTM D4585-99 and ASTM D3359-02, incorporated by reference in

subsection VII.C.16.

III. GGG. Veneer : Thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as pl ywood, laminated veneer lumber, or other products.

JJJ. HHH. Virgin Materials : Materials that contain no post-consumer coatings or secondary industrial materials.

KKK. III. Volatile Organic Compound (VOC) : Any volatile compound containing at least one atom of carbon, excluding Exempt Compounds as listed in Rule 102 Definitions.

LLL. JJJ. VOC Actual : VOC Actual is the weight of VOC per volume of coating and it is calculated with the following equation:

VOC Actual = (Ws – Ww – Wec)410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-10 Draft 4/5/2010 (Vm)

Where: VOC Actual = the grams of VOC per liter of coating (also known as Material VOC)

Ws = weight of volatiles, in grams Ww = weight of water, in grams Wec = weight of exempt compounds, in grams Vm = volume of coating, in liters

MMM. KKK. VOC Content Calculation : The weight of VOC per volume of coating

. VOC content is VOC Regulator y, as defined in section I V. NNN LLL , for all coatings except those in the Low Solids category. Fo r all coatings in the Low Solids category,

the VOC Content is VOC Actu al, as defined in section I V. LLL JJJ . If the coating is a multi-component product, the VOC conten t is VOC Regulatory as mixed or catalyzed. If The the coating contains silanes, siloxa nes, or other ingredients that generate ethanol or other VOCs during th e curing process, the VOC content must include the VOCs emitted during curing.

NNN. LLL. VOC Regulatory : VOC Regulatory is the weight of VOC per volume of coating, less the volume of water and exempt compounds. It is calculated with the following equation:

VOC Regulatory = (Ws – Ww – Wec) (Vm – Vw – Vec)

Where: VOC Regulatory = grams of VOC pe r liter of coating, less water and exempt compounds (also known as Coating VOC)

Ws = weight of volatiles, in grams Ww = weight of water, in grams Wec = weight of exempt compounds, in grams Vm = volume of coating, in liters

Vw = volume of water, in liters Vec = volume of exempt compounds, in liters

OOO. MMM. Waterproofing Membrane : A clear or opaque coa ting that is labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents a ny penetration of liq uid water into the substrate. Waterproofing Membranes are intended for the following waterproofing applications: below-grade surfaces, between c oncrete slabs, inside tunnels, inside concrete planters, and under flooring materi als. Waterproofing Membranes must meet the following criteria:

1. Coating must be applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness; and

2. Coatings must meet or exceed the re quirements contained in ASTM C836-06, incorporated by referenc e in subsection VII.C.20.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-11 Draft 4/5/2010 The Waterproofing Membrane ca tegory does not include topc oats that are included in the Concrete/Masonry Sealer category (e.g., parking deck topcoats, pedestrian deck topcoats, etc.).

PPP. NNN. Wood Coatings : Coatings labeled and formul ated for application to wood

substances substrates only. The Wood Coatings categor y includes the following clear and semitransparent coatings: lacquers; varn ishes; sanding sealers; penetrating oils; clear stains; wood conditioners used as undercoats; and wood sealers used as topcoats. The Wood Coatings category also includes the following opaque wood coatings: opaque lacquers; opaque sanding se alers; and opaque l acquer undercoaters. The Wood Coatings category does not include the following: clear sealers that are

labeled and formulated for use on concrete /masonry surfaces; or coatings intended for

substrates other than wood.

Wood Coatings must be labeled “For W ood Substrates Only”, in accordance with

subsection VII.A.11.

QQQ. OOO. Wood Preservative : A coating labeled and form ulated to protect exposed wood from decay or insect attack, registered with bot h the U.S. EPA under the Federal Insecticide, Fungicide, and Roden ticide Act (7 United States Code (U.S.C.) Section 136, et seq.) and with the Califo rnia Department of Pesticide Regulation.

RRR. PPP. Wood Substrates : A substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood Products do not include items comprised of simulated wood.

SSS. QQQ. Zinc-Rich Primer : Is a coating that meets all of the following specifications:

1. Coating contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids; and

2. Coating is formulated for application to metal substrates to provide a firm bond between the substrate and subseque nt applications of coatings; and

3. Coating is intended for professional us e only and is labeled as such, in

accordance with the labe ling requirements in subsection VII.A.12.

V. Exemptions

A. Provisions of this Rule shall not apply to a ny architectural coati ng that is supplied, sold, offered for sale, or manufactured for use outside of the District or for shipme nt
to other manufacturers for re formulation or repackaging.

B. Provisions of section VI and subsection VII.A shall not apply to a ny architectural coating sold in a container with a vo lume of one liter (1.057 quarts) or less.

VI. Requirements

A. VOC Content Limits : No person except as provided in Subsections VI.B

., .and VI.C.,

and VI.H. shall:

1. Manufacture, blend, or repackage for sale within the District;410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-12 Draft 4/5/2010 2. Supply, sell or offer for sale within the District; or

3. Solicit for application or apply within the District, any architectural coating

with a VOC content in ex cess of the corresponding VOC Content limit specified in the Table of Standards, af ter the specified effective date in the Table of Standards. Limits are expres sed as VOC Regulatory, thinned to the

manufacture’s maximum thinni ng recommendation, excluding and any colorant added to tint bases.

B. Most Restrictive VOC Limit : If a coating meets the definition in Section I V for one or more specialty coating categories that are li sted in the Table of Standards, then that coating is not required to meet the VOC li mits for Flat, Nonflat, or Nonflat – High Gloss coatings, but is required to meet the VOC limit for the applicable specialty coating listed in the Table of Standards.

With the exception of the specialty coating categories specified in subsections VI.B.1 through VI.B.12, if a coating is recommende d for use in more than one of the specialty coating categories listed in the Ta ble of Standards, the most restrictive (or lowest) VOC content shall apply. This requirement applies to: usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, adve rtising, or technical literature supplied by a manufacturer or anyone acting on their behalf.

1. Metallic pigmented coatings.

2. Shellacs.

3. Pretreatment wash primers.

4. Industrial maintenance coatings.

5. Low-solids coatings.

6. Wood preservatives.

7. High-temperature coatings.

8. Bituminous roof primers.

9. Specialty primers, sealers and undercoaters.

10. Aluminum roof coatings.

11. Zinc-rich primers.

12. Wood Coatings.

C. Sell-Through/Existing Stock of Coatings : A coating manufactured prior to the VOC

Content limit effective date (s) specified for that coating in the Table of Standards

, that complied with the VOC Content limit in effect at the time the coating was manufactured, may be sold, supplied, or offered for sale for up to three years after the specified VOC Content limit effective date (s) listed in the Table of Standards

. In addition, a Such a coating manufacture d before the effective date specified for that coating in the Table of Standards may be applied at any time, both before and after the specified effective date

. , so long as the coating comp lied with the standards in effect at the time the coating was manu factured. This subsection VI.C does not apply to any coating that does not display the date or date-code required by subsection

VII.A.1.410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-13 Draft 4/5/2010 D. Painting Practices : All architectural coating contai ners used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means, sh all be closed when not in use. Such architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays or other appli cation containers. Contai ners of any VOC-containing materials used for thinning and cleanup sha ll also be closed when not in use.

E. Thinning : No person who applies or solicits ap plication of any ar chitectural coating shall apply a coating thinned to exceed the applicable VOC limit specified in the

Table of Standards.

F. Coatings Not Listed in the Table of Standards : For any coating that does not meet any of the definitions for specialty coa tings categories listed in the Table of Standards, the VOC content limit shall be de termined by classifying the coating as a Flat, Nonflat, or Nonflat-High Gloss coa ting, based on its gloss, as defined in

Subsections I V.U., I V. LL HH . and I V. MM II . and the corresponding Flat, Nonflat, or Nonflat-High Gloss VOC limit in the Table of Standards shall apply.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-14 Draft 4/5/2010 TABLE OF STANDARDS

VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS

Coating Category Effective 1/1/2011 Effective 1/1/2012 Flat Coatings 50 Nonflat Coatings 100 Nonflat - High Gloss Coatings 150 Specialty Coatings: Aluminum Roof Coatings 400 Basement Specialty Coatings 400 Bituminous Roof Coatings 50

Bituminous Roof Primers 350

Bond Breakers 350 Concrete Curing Compounds 350 Concrete/Masonry Sealers 100 Driveway Sealers 50 Dry Fog Coatings 150 Faux Finishing Coatings 350 Fire Resistive Coatings 350 Floor Coatings 100 Form-Release Compounds 250 Graphic Arts Coatings (Sign Paints) 500 High Temperature Coatings 420 Industrial Maintenance Coatings 250 Low Solids Coatings 2 120 Magnesite Cement Coatings 450 Mastic Texture Coatings 100 Metallic Pigmented Coatings 500 Multi-Color Coatings 250

Pre-Treatment Wash Primers 420
Primers, Sealers, and Undercoaters 100 Reactive Penetrating Sealers 350 Recycled Coatings 250 Roof Coatings 50 Rust Preventative Coatings 400 250

Shellacs:

 Clear

 Opaque 730

550
Specialty Primers, Sealers, and U ndercoaters 350 100

Stains 250

Stone Consolidants 450 Swimming Pool Coatings 340 Traffic Marking Coatings 100 Tub and Tile Refinish Coatings 420 Waterproofing Membranes 250 Wood Coatings 275410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-15 Draft 4/5/2010 Wood Preservatives 350

Zinc-Rich Primers 340

1. Limits are expressed as VOC Regulatory thinned to the manufacturer’s maximum thinning recommendation, excluding any colorant added to tint bases.

2. Limit is expressed as VOC Actual.

VII. Administrative Requirements

A. Labeling Requirements : Each manufacturer of any ar chitectural coating subject to this Rule shall display information listed in Subsections VII. A.1. through VII.A.12 on coating container (or label) in whic h coating is sold or distributed.

1. Date Code : The date coating was manufactur ed, or date code representing date, shall be indicated on label, lid or bottom of container. If manufacturer uses a date code for any coating, manuf acturer shall file an explanation of

each code with the Executive Officer of the ARB.

2. Thinning Recommendations : A statement of manufacturer's recommendation regarding thinning of coati ng shall be indicated on la bel or lid of container. This requirement does not apply to thi nning of architectural coatings with water. If thinning of co ating prior to use is not necessary, recommendation must specify coating is to be applied without thinning.

3. VOC Content : Each container of any coating su bject to this rule shall display one of the following values in gram s of VOC per liter of coating:

a. Maximum VOC Content as determ ined from all potential product formulations; or

b. VOC Content as determined from actual formulation data; or

c. VOC Content as determined using the test methods in subsection

VII.C. 1 2

.

If the manufacturer does not recommend th inning, the container must display the VOC Content, as supp lied. If the manufacture r recommends thinning, the container must display the VOC Cont ent including the maximum amount of thinning solvent recommended by the manu facturer. If the coating is a multicomponent product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing. VOC Content shall be

determined as defined in subsections I V. LLL JJJ

, I V. MMM KKK , and

I V. NNN LLL

.

4. Faux Finishing Coatings : The labels of all clear topcoat Faux Finishing coatings shall prominently display the statement “This product can only be sold or used as part of a Fa ux Finishing coating system.”

5. Industrial Maintenance Coatings : The labels of all Industrial Maintenance coatings shall prominently display the statement “For industrial use only” or410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-16 Draft 4/5/2010 “For professional use only” or “Not for residential use” or “Not intended for

residential use”

.

6. Rust Preventative Coatings : The labels of all rust preventative coatings shall prominently display statement “F or Metal Substrates Only”.

7. Specialty Primers, Sealers and Undercoaters : Until January 1, 2012, the labels of all specialty primers, sealers and undercoaters shall prominently display one or more of following descriptions:

a. For fire damaged substrates;

b. For smoke damaged substrates;

c. For water damaged substrates; or

8. Reactive Penetrating Sealers : The labels of all Reactive Penetrating Sealers shall prominently display the statem ent “Reactive Penetrating Sealer”.

9. Stone Consolidants : The labels of all Stone Consolidants shall prominently display the statement “Stone Consol idant – For Professional Use Only”.

10. Nonflat-High Gloss Coatings : The labels of all nonf lat-high gloss coatings shall prominently display words “High Gloss”.

11. Wood Coatings : The labels of all Wood Coatings shall prominently display the statement “For Wood Substrates Only”.

12. Zinc Rich Primers : The labels of all Zinc Rich Primers shall prominently display one of the following the statement s “For Professional Use Only” “Not

For Residential Use” or “Not Intended For Residential Use” or “For Industrial Use Only” or “For professional use only”.

B. Reporting Requirements

1. Sales Data : A responsible official from each manufacturer shall upon request of the Executive Officer of the ARB, or his or her delegate, provide data concerning the distribution and sales of architectural coatings. The responsible official shall within 180 days provide information including, but not limited

to:

a. The name and mailing address of the manufacturer;

b. The name, address and telephone number of a contact person;

c. The name of the coating product as it appears on the label and the applicable coating category;

d. Whether the product is marketed for in terior or exteri or use or both;

e. The number of gallons sold in Californ ia in containers greater than one liter (1.057 quart) and equal to or less than one liter (1.057 quart);

f. The VOC Actual content and VOC Regulatory content in grams per liter. If thinning is recommended, list the VOC Actual content and VOC Regulatory content after ma ximum recommended thinning. If

containers less than one liter ha ve a different VOC content than410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-17 Draft 4/5/2010 containers greater than one liter, list separately. If the coating is a multi-component product, provide the VOC content as mixed or catalyzed;

g. The names and CAS numbers of the VOC constituents in the product;

h. The names and CAS numbers of any compounds in the product specifically exempted from th e VOC definition, as listed in Subsection

IV.KKK Rule 102 Definitions ; i. Whether the product is marketed as solventborne, waterborne, or 100% solids; j. Description of resin or binder in the product;

k. Whether the coating is a singl e-component or multi-component product;

l. The density of the product in pounds per gallon;

m. The percent by weight of: solids, all volatile materials, water, and any compounds in the product specifi cally exempted from the VOC ; definition, as listed in Subsection IV. KKK ; and Rule 102 Definitions

n. The percent by volume of: solids, water, and any compounds in the product specifically exempted from the VOC definition, as listed in

Subsection IV. KKK

. Rule 102 Definitions.

2. All sales data listed in subsection VII. B.1.a to VII.B.1.n shall be maintained by the responsible official for a minimum of three years. Sales data submitted by the responsible official to the Executive Officer of the ARB may be claimed as confidential, and such info rmation shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations

Sections 91000-91022.

C. Test Methods

1. Calculation of VOC Content: For the purpose of determining compliance with

the VOC content limits in the Table of Standards, the VOC content of a coating shall be determined as defined in subsection V.JJJ, V.KKK, or

V.LLL. The VOC content of a tint base sh all be determined without colorant

that is added after the tint base is manufactured. If the ma nufacturer does not recommend thinning, the VOC content mu st be calculated for the product as supplied. If the manufacturer recomme nds thinning, the VOC content must be calculated including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the VOC

content must be calculated as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredient s that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing.

1. 2. VOC Content Determination of Coatings : To determine physical properties of a coating in order to perform calculations in Subsections I V. NNN LLL . or
I V. LLL JJJ ., the reference method for VOC content shall be U.S. EPA Method 24, except as provided in Subsections VII.C. 2 3 and VII.C. 3 4 . An alternative method to determine VOC content of coatings is SCAQMD Method 304-91410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-18 Draft 4/5/2010 (Revised 1996), incorporated by reference in Subsection VII.C. 3 4 . The exempt compounds content shall be determined by SCAQMD Method 303-91 (Revised 1993), BAAQMD Method 43 (Revised 1996), or BAAQMD Method 41 (Revised 1995), as appli cable, incorporated by reference in Subsection

VII.C. 11 12 , VII.C. 12 13 , and VII.C. 1 3 14 , respectively. To determine VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method as provi ded in Subsection VII.C. 2 3 ., formulation data, or any other reasonable means for predicti ng coating has been formulated as intended (e.g., quality assurance checks, recordkeeping). However, if there are any inconsistencies between result s of a Method 24 test and any other means for determining VOC cont ent, Method 24 test results shall will govern, except when an alternative method is approved as specified in Subsection

VII.C. 2 3

. The District Air Pollution Contro l Officer (APCO) may require

manufacturer to conduct a Method 24 analysis.

2. 3. Alternative Test Methods : Other test methods demons trated to provide results acceptable for purposes of determining compliance with Subsection VII.C. 1 2

., after review and approved in writing by the staffs of Dist rict, ARB and U.S. EPA, may also be used.

3. 4. Alternative VOC Content of Coatings : The VOC content of coatings may be analyzed either by U.S. EPA Method 24 of or SCAQMD Method 304-91 (Revised 1996), “Determination of Vo latile Organic Compounds (VOC) in Various Materials”, “SCAQMD Labora tory Methods of Analysis for Enforcement Samples” (see Subsection VII.C. 1 2 .).

4. 5. VOC Content of Coatings : The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, “Determination of Volatile Matter Content, Water Content, Density, Volume Solids and We ight Solids of Surface Coatings” (see

Subsection VII.C. 1 2 .).

5. 6. Methacrylate Traffic Marking Coatings : The VOC content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by procedures in 40 CFR Part 59, Subpart D, Appendix A, “Determination of

Volatile Matter Content of Methacrylate Multicompone nt Coatings Used as Traffic Marking Coatings” , incorporated by referen ce in Subsection VII.C.3

. (This method has not been approve d for methacrylate multicomponent coatings used for other purposes than traffic marking coatings or for other

classes of multicom ponent coatings).

6. 7. Flame Spread Index : The flame spread index of a fire retardant coating shall be determined by ASTM E 84-07, “Standard Test Method for Surface Burning Characteristics of Building Materials” (see Subsection I V.T., Fire Retardant Coating).

7. 8. Fire Resistance Rating : The fire resistance rating of a fire resistive coating shall be determined by ASTM E 119-07, “Standard Test Methods for Fire410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-19 Draft 4/5/2010 Tests of Building Constructi on Materials” (see Subsection I V.S., Fire Resistive Coating).

8. 9. Gloss Determination : Gloss of a coating shall be determined by ASTM D 523-89 (1999), “Standard Test Method fo r Specular Gloss” (see Subsections

I V.U., I V. JJ HH ., and I V. KK II . Flat Coating, Nonfla t Coating, and NonflatHigh Gloss Coating).

9. 10. Metal Content of Coatings : Metallic content of a coating shall be determined by SCAQMD Method 318-95, “D etermination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction,” SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see Subsections I V.C., I V.R.,

and I V. HH FF ; Aluminum Roof, Faux Finish ing, and Metallic Pigmented Coating).

10. 11. Acid Content of Coatings : The acid content of a coating shall be determined by ASTM D 1613-06, “Standa rd Test Method for Acidity in Volatile Solvents and Chemical Intermediaries Used in Paint, Varnish, Lacquer and Related Products” (see Subsection I V. PP NN ., Pretreatment Wash Primer).

11. 12. Exempt Compounds : The content of compound s pursuant to U.S. EPA Method 24 shall be analyzed by SCAQMD Method 303-91 (Revised

1996 1993 ), “Determination of Exempt Compounds”, “SCAQMD Laboratory Methods of Analysis for Enforcement Samples” (see Subsection I V. KKK III

., Volatile Organic Compound and Subsection VII.C. 1 2 .).

12. 13. Exempt Compounds–Siloxanes : Exempt compounds that are cyclic, branched or linear completely methylat ed siloxanes, shall be analyzed as exempt compounds for compliance with Section VII I by BAAQMD Method 43, “Determination of Volatile Methyls iloxanes in Solvent-Based Coatings, Inks, and Related Materials”, “BAAQM D Manual of Procedures”, Volume

I V III , adopted 11/6/96 (see Subsection I V. KKK III ., Volatile Organic Compound and Subsection VII.C. 1 2 .).

13. 14. Exempt Compounds– Parachlo robenzotrifluoride (PCBTF) : The exempt compound parachlorobenzotrifluoride sh all be analyzed as an exempt compound for compliance with Section VII I by BAAQMD Method 41, “Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Pa rachlorobenzotrifluoride”, “BAAQMD Manual of Procedures”, Volume IV III , adopted 12/20/95 (see Subsection

I V. KKK III ., Volatile Organic Compounds and Subsection VII.C. 1 2 .).

14. 15. Hydrostatic Pressure for Basement Specialty Coatings : ASTM D7088-04, “Standard Practice for Resistance to Hydr ostatic Pressure for Coatings Used in Below Grade Applications A pplied to Masonry” (see section I V.F., Basement Specialty Coating).410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-20 Draft 4/5/2010 15. Gonioapparent Characteristics for Coatings : ASTM E

- 284

- 07, “Standard Terminology of Appearance” (see section IV.X., Gonioapparent).

16. Tub and Tile Refinish Coating Adhesion : ASTM D 4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D3359-02, “Sta ndard Test Methods for Measuring Adhesion by Tape Test” (see section I V. HHH FFF ., Tub and Tile Refinish Coating).

17. Tub and Tile Refinish Coating Hardness : ASTM D 3363-05, “Standard Test Method for Film Hardness by Pencil Test” (see section I V. HHH FFF ., Tub and Tile Refinish Coating).

18. Tub and Tile Refinish Co ating Abrasion Resistance : ASTM D 4060-07,

“Standard Test Methods for Abrasion Resistance of Organic Coatings by the Taber Abraser” (see section I V. HHH FFF ., Tub and Tile Refinish Coating).

19. Tub and Tile Refinish Coating Water Resistance : ASTM D 4585-99, “Standard Practice for Testing Water Re sistance of Coatings Using Controlled Condensation” and ASTM D714-02e1, “Standard Test Method for Evaluating Degree of Blistering of Paints” (see section I V. HHH FFF ., Tub and Tile Refinish Coating).

20. Waterproofing Membrane : ASTM C836-06, “Standard Specification for High Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course” (see section I V. OOO MMM

., Waterproofing Membrane).

21. Mold and Mildew Growth for Basement Specialty Coatings : ASTM D3273- 00, “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Envi ronmental Chamber” and ASTM D3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation” (see section I V.F., Basement Specialty Coating).

22. Reactive Penetrating Sealer Water Repellency : ASTM C67-07, “Standard Test Methods for Sampling and Testing Br ick and Structural Clay Tile”; or ASTM C97-02, “Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone”; or AS TM C140-06, “Standard Test Methods for Sampling and Testing Concrete Ma sonry Units and Related Units” (see

section I V. RR PP ., Reactive Penetrating Sealer).

23. Reactive Penetrating Sealer Water Vapor Transmission : ASTM E96/E96M05, “Standard Test Method for Water Vapor Transmission of Materials” (see

section I V. RR PP ., Reactive Penetrating Sealer).

24. Reactive Penetrating Sealer - Ch loride Screenin g Applications : National Cooperative Highway Research Report 244 (1981), “Concrete Sealers for the410.1A Final Staff Report – Stri keout and Underlin e Adopted Rule

Appendix B B-21 Draft 4/5/2010 Protection of Bridge St ructures” (see section I V. RR PP ., Reactive Penetrating Sealer).

25. Stone Consolidants : ASTM E2167-01, “Standard Guide for Selection and Use of Stone Consolidants” (see section I V. DDD BBB ., Stone Consolidant).

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## APPENDIX C:

ADOPTED RULE 410.1A

ARCHITECTURAL COATING CONTROLS

RESPONSE TO COMMENTS410.1A Final Staff Report - Response to Comments

Appendix C C -1 Draft 4/5/2010 I. ARB & EPA COMMENTS

The California Air Resources Board (ARB) and U.S. EPA (EPA) had very similar comments regarding draft Rule 410.1A. Both ARB and the EPA supported each other’s suggested changes to the Rule . KCAPCD incorporated ARB and EPA’s comments and suggested changes in to the revised version of draft Rule 410.1A.

In addition to minor typographical errors that have been addressed, the revised
version of draft Rule 410.1.A reflects t he following changes made in response to the comments and suggested changes made by the ARB and EPA:

Definitions

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, the following provision has been added to Subsection
V.R.4 of the Faux Finish Coating definition: “ A decorative coating used to create a metallic appearance that c ontains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pou nds per gallon) and which requires a clear t opcoat to prevent the degradat ion of the finish under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference in
subsection VII.C.10. ”

It was recommended to combine Subsections V.R.4 and V.R.5 of the Faux Finish Coating definition of into one Subs ection. KCAPCD has combined the two
sections. Subsection V.R.5 now reads: “ A clear topcoat to seal and protect a Faux Finishing coating that meets the r equirements of subsecti on IV.R.1, IV.R.2, IV.R.3, or IV.R.4. These clear topcoats must be sold and used solely as part of a Faux Finishing coating system, and mu st be labeled in accordance with

subsection VII.A.4. ”

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, the following changes have been made to Section V.T, Fire Retardant Coating: “ A coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by building code officials for use in br inging building and construction materials into compliance with federal, state and lo cal building code requirements. The fire-retardant coating and the testing agency must be approved by building code officials. The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-07, incorporated by reference in subsection VII.C.7. Effective January 1, 2011, the Fire Retardant coating category is eliminated and Coatings coatings with fire retardant properties will be subject to the VOC limit of their primary category (e.g., Flat Nonflat, ECT.). Any fire retardant coating shall be tested in accordance with ASTM Designation E 84

- 99, incor porated by reference
in Subsection VII.C.6. ”410.1A Final Staff Report - Response to Comments

Appendix C C -2 Draft 4/5/2010 As recommended, “airbrush” has been adde d to Section V.X, Graphic Arts Coating or Sign Paint.

As recommend, Section V.Z, Industrial Maintenance Coating has been changed

as follows: “ High performance architectural coatings including antenna, antifouling, intermediate coats, primers, sealers, undercoaters, intermediate coats, and topcoats , and undercoaters formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental
conditions listed in Subsections V.Z.1. th rough V.Z.5. and labele d as specified in
Subsection VII.A.5. ”

As recommend, Section V.NN, Pre-Treat ment Wash Primer Coating has been changed as follows: “ A primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordance with ASTM Designation D 1613 96 06

, incorporated by reference in Subsec tion VII.C.11. labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats. ”

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, Sections IV .X, Gonioapparent, and IV.GG, Metallic have

been deleted.

As recommended, “Calculation” has been delet ed from the title of Section V.KKK,
VOC Content Calculation. Section V.KKK now reads “VOC Content.”

As recommended, the word “substances” has been replaced with the word “substrates” in Section V.NNN, Wood Coat ings. The first sentence of Section

V.NNN now reads: “Coatings labeled and formulated for application to wood substrates only.”

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, “ accordance with the l abeling requirements in ” has been
added to Subsection V.QQQ.3 of the Zinc- Rich Primer definition. Subsection
V.QQQ.3 now reads: “ Coating is intended for professional use only and is labeled as such, in accordance with the labeling requirements in subsection

VII.A.12.”

Exemptions

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, Subsection IV.A.2 “Provisions of this Rule shall not apply to any aerosol coating product” has been added to Section IV Exemptions.

Administrative Requirements

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, “c lear topcoat” has been added to Subsection VII.A.4,410.1A Final Staff Report - Response to Comments

Appendix C C -3 Draft 4/5/2010 Faux Finishing Coatings. S ubsection VII.A.4 now reads: “The labels of all clear topcoat Faux Finishing coatings shall prom inently display the statement ‘This product can only be sold or used as part of a Faux Finishing coating system.’”

To maintain consistency with other districts adopting ARB’s 2007 SCM for Architectural Coatings, t he following provision has been added to Subsection
VII.C.1 Test Methods: “ Calculation of VOC Content : For the purpose of determining compliance with the VOC content limits in the Table of Standards,
the VOC content of a coat ing shall be determined as defined in subsection V.JJJ, V.KKK, or V.LLL. The VOC c ontent of a tint base s hall be determined without
colorant that is added after the tint bas e is manufactured. If the manufacturer does not recommend thinning, the VOC c ontent must be calculated for the product as supplied. If the manufacturer recommends thinning, the VOC content must be calculated including the ma ximum amount of thinning solvent recommended by the manufactu rer. If the coating is a multi-component product, the VOC content must be calculated as mixed or catalyzed. If the coating contains silanes, siloxanes, or other i ngredients that generat e ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing.”

Section VII.C.15, Gonioapparent Characteristics for Coatings has been deleted from the Rule because it is no longer needed after deleting Section IV.X, Gonioapparent.

II. INDUSTRY COMMENTS

KCAPCD evaluated all comments and sugge sted changes made by the Coatings Industry in regarding draft Rule 410.1A. Many of the comments were very similar to what ARB and EPA proposed. Industr y comments and suggested changes to

the Rule that are similar in nature to those previously addressed in the ARB EPA Comments section of Appendi x C, will not be mentioned again in this section.

Suggested changes that woul d aid the Coatings Indus try with compliance without modifying the intent or VOC Content Limits of the Rule were incorporated into draft Rule 410.1A. Some of Industry’s suggested changes were not incorporated into the Rule because they were: infeasible and would alter the in tent of the Rule, inapplicable to the Rule, or KCAPCD believed there was no benefit in making the change.

An industry official at the workshop stated that creat ing and adopting a new architectural coatings rule instead of amending the current rule may create
confusion and allow sources to decide wh ich rule to follow. KCAPCD does not

believe that this will be an issue of c oncern because the current architectural rule, Rule 410.1 will sunset when the new rule, Rule 410.1A becomes effective.
Sources will not have the choice of whic h rule to follow because there will only be one architectural coatings rule in effect at any given time.410.1A Final Staff Report - Response to Comments

Appendix C C -4 Draft 4/5/2010 Exemptions

KCAPCD was commended by industry for updating the Exempt Compounds list
in Rule 102 Definitions to include Tert iary Butyl Acetate (t-butyl acetate) informally known as TBAC or TBAc along with Dimethyl Carbonate and Propylene Carbonate which are com pounds used in various coatings.

As requested, the Exemptions Secti on has been moved up from Section V to Section IV, immediately after Severabi lity and directly before Definitions.

Requirements

Industry noted an inadvertent error in the Section VI.C. “Sell-Through” provision. As written, the condition that a coating must have “c omplied with the standards in
effect at the time the coat ing was manufactured” relates only to that part of the provision allowing coatings to be “appli ed at any time,” and not to that part allowing coatings to be “sold, supplied, or offered for sale...”

Section VI.C has been changed to the following: Sell-Through/Existing Stock of Coatings : A coating manufactured prior to the VOC Content limit effective date(s) specified for that coating in the Table of Standards, that complied with the
VOC Content limit in effect at the time the coating was manufactured, may be sold, supplied, or offered for sale for up to three years after the specified VOC Content limit effective date( s) listed in the Table of Standards. Such a coating may be applied at any time, both before and after the s pecified effective date. This subsection VI.C does not apply to any coating that does not display the date or date-code required by subsection VII.A.1.

Table of Standards

It was recommended that KCAPCD push the VOC Content limit requirements for certain coatings back one year to give manufacturers extra time to develop formulas that would comply with the regulation. KCAPCD sought ARB’s input on this matter and received this response from ARB: “We (ARB) would not support Dunn-Edwards’ request to delay the flat and PSU effective dates. We believe the
SCM VOC limits are feasible without av eraging. In fact, t hat’s why we have higher limits than the SCAQMD’s rule 1113 in some categories. We believe a 36% complying market share for PSUs back in 2004 is good evidence that the limit is feasible without averaging. And although the flat comp lying market share was low in 2004 (7%), there is significant consensus that that is the easiest category to formulate at low VOC levels . They have made this request to both
BAAQMD and SJVAPCD and both district s decided against their request”.

It has been suggested that the effective date of several categories of coatings (Tub and Tile Refinish; Stone Consolidant s; Reactive Penetrating Sealers and410.1A Final Staff Report - Response to Comments

Appendix C C -5 Draft 4/5/2010 Basement Specialty Coating among others) be se t at the time of adoption since these are new and needed “niche” categories. As such, these categories have higher VOC content limits than the default categories and are currently only

available in small containers.

KCAPCD has decided not to include a pr ovision that would allow the VOC
Content limits of The Tabl e of Standards to become e ffective at the date of adoption for the following reasons:

1. Rule 410.1 (the current architectura l coatings rule) is not being amended to include “New Categories”;

2. Proposed Rule 410.1A along with the VO C Content Limits listed in the Table of Standards is structured to not go into effect until 1/1/2011 regardless of an earlier Rule adoption date.

The Table of Standards and Effective Da tes of the VOC C ontent limits will be unchanged and remain the same as origi nally stated in the September 21, 2009 draft of Rule 410.1A, Architectural Coatings Controls.

Administrative Requirements

As requested, KCAPCD added the terms “N ot for residential use” or “Not
intended for residential use” to Section V II.A.5, Industrial Maintenance Coatings.
Section VII.A.5 now reads: “The labels of all Industria l Maintenance coatings shall prominently display the statement “For industrial use only” or “For professional use only” or “Not for resident ial use” or “Not intended for residential

use.’”

III. PUBLIC COMMENTS

There were no comments made by the general public.

IV. ARB & EPA RULE REVIEW RESULTS

KCAPCD submitted the Final Revised Draft of Rule 410.1A Architectural Coating Controls to ARB and EPA for a 30-day review period. At the close of the 30-day review period ARB and EPA each stat ed that there were no additional

comments.

V. UPDATE TO SECTION VII.A.12, ZINC RICH PRIMERS

After public notice was give for Rule adoption, the American Coatings Association (ACA) requested that KCAP CD update Section VII.A.12, Zinc Rich410.1A Final Staff Report - Response to Comments

Appendix C C -6 Draft 4/5/2010 Primers of Rule 410.1A to include the following provisions: “Not For Residential Use”, “Not Intended For Residential Use” or “For Industrial Use Only.” KCAPCD considered this change to be a minor correction to the rule that was overlooked in the draft and will not be a signific ant change. ARB staff has been consulted and agrees.

KCAPCD added the terms “Not For Resi dential Use” or “Not Intended For
Residential Use” or “For Industrial Use Only” to Section VII.A.12, Zinc Rich
Primers. Section VII.A.12 now reads: “The labels of all Zinc Rich Primers shall prominently display one of the following the statemen ts “For Professional Use Only” “Not For Residential Use” or “Not Intended For Resident ial Use” or “For Industrial Use Only” or “For professional use only.’”

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