UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Kern County Air Pollution Control District, Rule 410.1A, Architectural Coating Controls

Prepared by: David Grounds

Reviewed by: Andrew Steckel

February 10 , 2011RULE IDENTIFICATION

Agency: Kern County Air Pollution Control District (KCAPCD)

SIP Approved Rule : Rule 410.1

– Architectural Coatings

Adopted

– March 7, 1996
Submitted

– May 10, 1996 EPA Approved

– February 6, 1998 (63 FR 6073)

Subject of this TSD : Rule 410.1A

– Architect ur al Coating Controls

Adopted

– March 11, 2010
Submitted

– July 20, 2010

RULE SUMMARY

– KCAPCD Rule 410.1A, Architectural C oating Controls, is a rule designed to substantially reduce volatile organic compound (VOC) emissions that result from the application of architectural coatings. This rule specifies VOC content limits, storage, cleanup, and labeling requirements for archit ectural coatings. 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 other products. When these coatings are

ap plied, VOCs are emitted from the coatings and from solvents that are used for thinning and
clean

- up. Rule 410.1A applies to any person who manufactures, blends, repackages, supplies, sells, offers for sale, solicits, or applies any architectural coating fo r use within the KCAPCD.

The provisions of Rule 410.1A are based on California Air Resources Board’s (CARB) 2007 “Suggested Control Measure for Architectural Coatings (SCM) .” The SCM is a model rule which seeks to provide statewide consistency for the re gulation of architectural coatings. The SCM was developed for districts that need additional emission reductions for the attainment or maintenance of state or federal ambient air quality standards. CARB amended the SCM to lower the VOC limits, improve definitions for coatings, and to promot e consistency and uniformity among district rules.

KCAPCD regulates an ozone nonattainment subpart 1 area (Eastern Kern County) for the 8

- hour ozone national ambient air quality standard (NAAQS)(40 CFR 81), and KCAPCD designed Rule
410.1A partly to addres s the requirements for ozone non

- attainment areas as described in Clean Air Act (CAA) section 182.

C hanges from the SIP approved Rule 410.1 include:Requires sales data submittal from each manufacturer to ARB

.

Adds a “sell

- through” provision allowing th ree years to sell products manufactured prior
to the effective date of a VOC limit. Adds a thinning provision specifying allowable thinning practices

. Adds a “painting practices” provision designed to limit VOC emissions from open paint
containers.
Adds container labeling requirements regarding the date of manufacture, VOC content, thinning recommendations, and labeling specific to selected coating categories. Adds 20 new product categories.
Revised 23 revised definitions. Incorporates 18 deleted categories in to previously existing categor ies. Removes averaging compliance option. Deletes definitions for Gonioapparent and Metallic to maintain consistency with other
air districts.
Deletes test method Gonioapparent Characteristics for Coati ngs because it is no longer
needed.

EPA EVALUATION CRITERIA

– 1. Enforceability

– Section 110(a)(2)(A) of the C lean Air Act (C AA ) requires that regulations submitted to EPA for incorporation into the SIP must be clear and legally enforceable.

2. Stringency

- K CAPCD Rule 410.1A regulates sources that are not covered by a CTG in an ozone nonattainment subpart 1 area and is not required to meet Reasonably Available Control Technology ( RACT ) requirements. While it appears RACT is not required, we have compared Rule 410.1A against analogous rules in other areas and relevant national guidance including EPA’s Control Technique Guidelines (CTG) titled, “Industrial Cleaning Solvents” (EPA

- 453/R

- 0 6

- 001, 9/06) and “Control of Volatile Organic Emissions from Existing Stationary Sources, Volume I: Control Methods for Surface Coating Operations” (EPA

- 450/2

- 76

- 028, 11/76 ); EPA’s national rule for architectural coating manufacturers, “National Emission S tandards for Architectural Coatings” (40 CFR 50 Part D, 9/98); a nd other state and local rules for this category.

3. SIP Relaxation

– Where previous versions of rules have been SIP approved, new submittals must comply with CAA §110(l) and §193 regarding SIP relaxations.

EPA EVALUATION

– The submitted KCAPCD Rule 410.1A is more stringent than the approved SIP, largely because of the lowered VOC content limits for architectural coatings. The currentSIP submittal generally contains sufficient testing and recordkeeping requirements to satisfy

enforcement requirements. The stringency of requirements in submitted Rule 410.1A is also generally consistent with relevant national guidance and analogous rules in other areas

. W hile RACT may not be required for this source category, we believe that Rule 410.1A is adequately stringent.

RULE DEFICIENCIES

– We have identified no deficiencies with Rule 410.1A sufficient for EPA to

propose less than full approval.

E PA ACTION

– Rule 410.1A largely fulfills the relevant CAA §110 and part D requirements. EPA staff recommends full approval of Rule 410.1A pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

– KCAPCD Rule 410.1A, Architectural Coating Controls, Adopted March 11, 2010. KCAPCD Final Staff Report, April 5, 2010. EPA Comment Letter, October 26, 2009. CARB’s “Suggested Control Measure for Architectural Coatings,” 2007.