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, 2011
RULE 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 – Architectural Coating Controls

Adopted – March 11, 2010

Submitted – July 20, 2010

RULE SUMMARY – KCAPCD Rule 410.1A, Architectural Coating 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 architectural 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 

applied, 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 for 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 regulation 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 promote 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 address the requirements for ozone non-attainment areas as described in 

Clean Air Act (CAA) section 182.

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

Adds a “sell-through” provision allowing three 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 into previously existing categories.

Removes averaging compliance option.

Deletes definitions for Gonioapparent and Metallic to maintain consistency with other 

air districts.

Deletes test method Gonioapparent Characteristics for Coatings because it is no longer 

needed.

EPA EVALUATION CRITERIA –

1. Enforceability – Section 110(a)(2)(A) of the Clean Air Act (CAA) requires that regulations 

submitted to EPA for incorporation into the SIP must be clear and legally enforceable.

2. Stringency - KCAPCD 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-06-001, 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 Standards for Architectural Coatings” (40 CFR 50 Part D, 9/98); and 

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 current 
SIP 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. While 

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.

EPA 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.