1143 - 1

(Adopted March 6, 2009) (Amended June 4, 2010)(Amended July 9, 2010) (Amended December 3, 2010)

RULE 1143. CONSUMER PAINT THINNERS & MULTI-PURPOSE

SOLVENTS

(a) Purpose The purpose of this rule is to reduce emissions of volatile organic compounds (VOCs) from the use, storage and disposal of consum er paint thinners and multipurpose solvents commonly used in thinning of coati ng materials, cleaning of coating application equipment, and other solvent cl eaning operations by limiting

their VOC content.

(b) Applicability This rule is applicable to any person who supplies, sells, offers for sale, or manufactures consumer paint thinners and multi-purp ose solvents for sale in the District, as well as any person who uses or solicit s the use of any consumer paint thinner and multi-purpose solvent within the Distri ct.

(c) Definitions For the purpose of this rule, the following definit ions shall apply: (1) ARTIST SOLVENTS/THINNERS are any liquid product s that meet and are labeled to meet the requirements of ASTM D4236- 94 (Reapproved 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, which is incorporated by reference herein, and have been refined to remove impurities for artistic use for the purpo se of reducing the viscosity of, or removing, art coating compositions or components. Artist Solvents/Thinners do not include commercial-grade s olvents or thinners. (2) CONSUMER MULTI-PURPOSE SOLVENTS are any liquid products designed or labeled to be used for dispersing or di ssolving or removing contaminants or other organic materials for persona l, family, household, or institutional use including but not limited to the following: (1) products that do not display specific use instructions on th e product container or packaging, (2) products that do not specify an end- use function or application on the product container or packaging, (3) solvents used in institutional facilities, except for laboratory rea gents used in analytical, educational, research, scientific or other laborato ries, (4) “Paint clean-up”Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 2 products, and (5) products labeled to prepare surfa ces for painting. For the purpose of this definition only, “Paint clean-up” m eans any liquid product labeled for cleaning oil-based or water-based paint , lacquer, varnish, or related coatings from, but not limited to, painting equipment or tools, plastics or metals. “Consumer Multi-purpose Solvents” do not include so lvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, o r used exclusively in the manufacture or construction of, the goods or commod ities at the site of the establishment. “Multi-purpose Solvents” also do no t include any products making any representation that the product may be u sed as, or is suitable for use as a consumer product which qualifies under another definition in California Code of Regulations Title 17, § 94508 as of the date of adoption. (3) CONSUMER PAINT THINNERS are any liquid products used for reducing the viscosity of coating compositions or c omponents for personal, family, household, or institutional use, including, but not limited to, products that prominently display the term “Pai nt Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer” on the front pane l of its packaging. (4) DISTRIBUTOR means any person to whom consumer p roducts are sold or supplied for the purposes of resale or distribut ion in commerce, except that manufacturers, retailers, and consumers are no t distributors. (5) EXEMPT COMPOUND is as defined in Rule 102. (6) FORMULATION DATA is the actual product recipe w hich itemizes all the ingredients contained in a product including VO Cs and the quantities thereof used by the manufacturer to create the prod uct. Material Safety Data Sheets (MSDS) are not considered formulation d ata. (7) GRAMS OF VOC PER LITER OF MATERIAL is the weigh t of VOC per volume of material and can be calculated by the fol lowing equation:Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 3 Grams of VOC per Liter of Material = W s - W w - W es

V m

Where: W s = weight of volatile compounds in grams

W w = weight of water in grams

W es = weight of exempt compounds in grams

V m = volume of the material in liters (8) INDUSTRIAL MAINTENANCE COATINGS are coatings, i ncluding primers, sealers, undercoaters, intermediate coatin gs and topcoats, formulated for or applied to substrates, including floors that are exposed to one or more of the following extreme environmental conditions: (A) immersion in water, wastewater, or chemical sol utions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation; (B) acute or chronic exposure to corrosive, caustic or acidic agents, or similar chemicals, chemical fumes, chemical mixture s, or solutions; (C) repeated exposure to temperatures in excess of 250 degrees Fahrenheit; (D) repeated heavy abrasion, including mechanical w ear and repeated scrubbing with industrial solvents, cleaners, or sc ouring agents; or (E) exterior exposure of metal structures. (9) LACQUER THINNERS are solvents that are manufact ured for the purpose of thinning, diluting, dissolving, and for clean-up of lacquer coatings. (10) MANUFACTURER means any person, company, firm, or establishment who imports, manufactures, blends, assembles, produ ces, packages, repackages, or re-labels a consumer paint thinner o r multi-purpose solvent. The manufacturers listed on the product’s label sha ll be primarily responsible for compliance with applicable provisio ns of this rule. If the label lists two or more manufacturers, they may mut ually designate in writing a manufacturer responsible for compliance w ith this rule. That writing shall be filed with the Executive Officer. (11) PERSON means any individual, firm, association , organization, partnership, business trust, corporation, company, contractor, supplier,Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 4 installer, user or owner, or any state or local gov ernmental agency or public district or any other officer or employee th ereof. “Person” also means the United States or its agencies to the exte nt authorized by Federal

law. (12) RESPONSIBLE PARTY for a corporation is a corpo rate officer or an authorized representative so delegated by a corpora te officer. Delegation of an authorized representative must be made in wri ting to the Executive Officer. A responsible party for a partnership or s ole proprietorship is the general partner or proprietor, respectively. (13) RETAIL OUTLET means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers. (14) SOLICIT is to require for use or to specify, b y written or oral contract. (15) SOLVENTS include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents. (16) SOLVENT CLEANING is the removal of adhesives, inks, coatings, and contaminants which include, but are not limited to, dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas. (17) SOLVENT FLUSHING is the use of a solvent to re move adhesives, inks, coatings, or contaminants from the internal surface s and passages of the equipment by inducing a rapid flow of solvent throu gh the equipment. (18) VOC (VOLATILE ORGANIC COMPOUND) is as defined in Rule 102. (19) VOC CONTENT means the total weight of VOC in a product expressed as a percentage of the product weight or as a mass- based concentration expressed in grams per liter of material (g/L) or p ounds per gallon (lb/Gal).

(d) Requirements (1) Except as provided in paragraph (d)(2), no pers on shall supply, sell, offer for sale, manufacture, blend, package or repackage any consumer paint thinner or multi-purpose solvent for use in the Dis trict unless the consumer paint thinner or multi-purpose solvent com plies with the applicable VOC content limits set forth in the tabl e below:Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 5 EFFECTIVE

1/1/2010 EFFECTIVE

1/1/2011 CATEGORY VOC Content

g/L or (lb/Gal) VOC Content

g/L or (lb/Gal) Consumer Paint Thinner 300 (2.50) 25

(0.21)Consumer MultiPurpose Solvent 300 (2.50) 25

(0.21)

(2) Sell-Through Provision (A) Any consumer paint thinner or multi-purpose sol vent that is manufactured prior to the effective date of the app licable limit specified in paragraph (d)(1), and that has a VOC c ontent above that limit (but not above the limit in effect on th e date of manufacture), may be sold, supplied, offered for sa le, or used for up to one year after the specified effective date. (B) Consumer paint thinners manufactured prior to J uly 9, 2010 and labeled for more than one use including industrial maintenance coating thinning, may be sold, supplied, offered fo r sale, or used up to April 1, 2011. (3) The prohibition of sale specified in paragraphs (d)(1) and (d)(5) shall not apply to any manufacturer of consumer paint thinner s or multi-purposesolvents provided that the product was sold to an i ndependent distributor that was informed in writing by the manufacturer ab out the compliance status of the product in the District. (4) Any solvent container in which the contents the rein are applied directly to a surface from said container by pouring, siphoning , brushing, rolling, padding, rag application or other means, shall be c losed when not in use. These solvent containers include, but shall not be limited to: drums, buckets, cans, pails, trays or other application co ntainers. (5) General Prohibition No person shall supply, sell, offer for sale, manuf acture, blend, package, or repackage any consumer paint thinner or multi-pu rpose solvent for use in the District subject to the provisions of this r ule with any materials that contain in the excess of 0.1% by weight any Group I I exempt compounds listed in Rule 102. Cyclic, branched, or linear, c ompletely methylated siloxanes (VMS) are not subject to this prohibition

.Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 6 (e) Administrative Requirements (1) No person shall sell, supply, offer for sale, m anufacture, blend, package, or repackage for use in the District any “Flammable ” or “Extremely Flammable” Consumer Paint Thinner or Multi-purpose Solvent named, on the Principal Display Panel as “Paint Thinner”, “Mu lti-purpose Solvent”, “Clean-up Solvent”, or “Paint Clean-up”. (2) Paragraph (e)(1) does not apply to products tha t meet any of the following

criteria: (A) Products which include an attached “hang tag” o r sticker that displays, at a minimum, the following statement: “F ormulated to meet low VOC limits: see warnings on label”. (B) Products which include an attached “hang tag” o r sticker that displays, at a minimum, the following statement: “F ormulated to meet low VOC limits with [the common name of the ch emical compound (e.g., ‘Acetone’, ‘Methyl Acetate’, etc.) that results in the product meeting the criteria for ‘Flammable’ or ‘Extremely Flammable’]”. (C) Products which include an attached “hang tag” a s a second Principal Display Panel that displays, at a minimum , the following statement: “Formulated to meet low VOC limits” plac ed adjacent to and associated with the required Consumer Produc t Safety Commission (CPSC) warning. (D) Products where the Principal Display Panel disp lays, in a font size as large as, or larger than, the largest font size of any other words on the panel, the following statement: “Formulated to meet low VOC limits” placed adjacent to and associated with the required CPSC warning. (E) Products where the Principal Display Panel disp lays, in a font size as large as, or larger than, the largest font size of any other words on the panel, the common name of the chemical compo und (e.g., “Acetone,” “Methyl Acetate,” etc.) that results in the product meeting the criteria for “Flammable” or “Extremely Flammable.” (F) Products that meet the labeling requirements of the CARB Consumer Product Regulation specified in title 17, CCR, section 94512(e) as adopted. (G) Products that are manufactured on or before Jul y 9, 2010.Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 7 None of the above labeling or notice requirements p reclude the use of any additional labeling or notice for consumer educatio n. (3) For the purposes of paragraphs (e)(1) and (e)(2 ) a product is “Flammable” or “Extremely Flammable” if it is labeled as “Flamm able” or “Extremely Flammable” on the product container, or if the prod uct meets the criteria for these specified in title 16, Code of Federal Re gulations, section 1500.3 (c)(6). (4) Each product container shall clearly display th e VOC content as determined from the actual product formulation data

. (5) The information required by paragraphs (e)(1) t hrough (e)(3) shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of th e product container or packaging. (6) No person shall remove, alter, conceal, or defa ce the information required by paragraphs (e)(1) through (e)(3) prior to final sale of the product. (7) In conjunction with the changes in VOC content limits, the Executive Officer shall develop a public education and outrea ch program to inform consumers of potential product changes that use mor e flammable substances by jointly working with the local fire d epartments to include, but not be limited to: public service announcements in both English and Spanish to be aired on television and radio from Oc tober 2010 to January 2012; training retailers, including big box retaile rs at their corporate headquarters, in November 2010 about these potentia l changes so that they may alert their consumers; dissemination of 25,000 hardcopy brochures in several languages from November 2010 to January 201 2; alerts through Twitter, and placement of electronic brochures and Public Service Announcements (PSAs) on AQMD, CARB, YouTube, local fire department and local city websites from November 20 10 to January 2012. The Executive Officer shall report the status of th e public education and outreach program to the Stationary Source Committee in November 2010 and in November 2011. The Executive Officer may ex tend the public education and outreach program beyond January 2012, if he determines

that additional consumer education is needed. (8) Point of sale containers, for sale or distribut ion, of any consumer paint thinner or multi-purpose solvent subject to this ru le shall display theRule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 8 maximum VOC content, as supplied, and the maximum V OC content after any dilution as recommended by the manufacturer. (9) Point of sale containers, for sale or distribut ion, of any consumer paint thinner and multi-purpose solvent subject to this r ule shall display the date of manufacture of the contents or a code indicating the date of manufacture. The manufacturers of such consumer pa int thinners and multi-purpose solvents shall file with the Executiv e Officer an explanation

of each code. (10) Any manufacturer that supplies consumer paint thinners and multi-purpose

solvents with intent to sell in the District shall submit an application as specified by the Executive Officer to apply for a m anufacturer identification (ID) number by the applicable date i n subdivision (g). The application form shall be signed by the responsible party for manufacturer certifying that all information submitted (includin g electronic submittals)

is true and correct. The Executive Officer shall b e notified in writing within 30 days of any change in the responsible par ty for the

manufacturer. (11) On or before May 1, 2010, and each subsequent January 1 thereafter, all manufacturers subject to this rule shall provide to the District a list of all their U.S. distributors to whom they supply product s subject to this rule, including but not limited to private label and toll manufactured products. The list shall be in a format determined by the Exe cutive Officer and shall include the distributor’s name, address, contact pe rson and phone number. (12) On or before April 1, 2010, and every subsequent April 1 (the official due date), each manufacturer subject to this rule shall submit an annual quantity and emissions report to the Executive Offi cer.

(f) Recordkeeping (1) Manufacturers shall maintain a copy of the appl ication receipt from the District. The receipt shall be maintained for five (5) years and made available upon request by the Executive Officer. (2) Manufacturers shall maintain records to verify data necessary to determine annual consumer paint thinner and multi-purpose sol vent sales subject to this rule and VOC emissions in the District, and co mpliance with applicable rules and regulations. The records shal l be maintained for fiveRule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 9 (5) years and made available upon request by the Ex ecutive Officer. Such

records shall include but not be limited to: (A) Product formulation records (to include VOC content ): (i) Laboratory reports [including percent weight ofnonvolatiles, water, and exempts (if applicable); dens ity of the product; and raw laboratory data] of test methods conducted as specified in paragraph (i)(1), or (ii) Product formulation data, including physical p roperties analyses, as applicable, with a VOC content calcula tion demonstration; and (B) Production records including batch tickets with the date of manufacture, batch weight and volume; and (C) Distribution records: (i) Customer lists or store distribution lists or b oth (as applicable) and (ii) Shipping manifests or bills of lading or both (as applicable); and (D) Sales records consisting of point of sale receipts or invoices to local distributors or both, as applicable.

(g) Compliance Dates (1) Consumer paint thinner and multi-purpose solven t manufacturers that begin to manufacture, supply, sell or offer for sal e consumer paint thinners and multi-purpose solvents subject to this rule and for use in the District after July 1, 2009 shall submit the application req uired in paragraph (e)(10) no later than thirty (30) calendar days pri or to manufacturing, supplying, selling, or offering for sale, any consu mer paint thinner and multi-purpose solvent subject to this rule and for use in the District. (2) Within thirty (30) calendar days after a change of consumer paint thinner and multi-purpose solvent manufacturer, the new con sumer paint thinner and multi-purpose solvent manufacturer shall submit the application for a company ID number as required in paragraph (e)(10). That filing shall include the previous consumer paint thinner and mul ti-purpose solvent

manufacturer’s ID number.Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 10 (h) Information exempt from Disclosure Information submitted to the Executive Officer may be designated as exempt

from disclosure consistent with District guidelines implementing th e California Public Records Act (Govt. Code §§ 6250-6276.48).

(i) Test Methods For the purpose of this rule, the following test me thods shall be used: (1) Determination of VOC Content The VOC content of materials subject to the provisi ons of this rule shall be determined by: (A) U.S. EPA Reference Test Method 24 (Determinatio n of Volatile Matter Content, Water Content, Density, Volume Soli ds, and Weight Solids of Surface Coatings, Code of Federal Regulations Title 40, Part 60, Appendix A) with the exempt comp ound content determined by Method 303 (Determination of Exempt Compounds) in the SCAQMD "Laboratory Methods of Ana lysis for Enforcement Samples" manual; or (B) Method 304 [Determination of Volatile Organic C ompounds (VOC) in Various Materials] in the SCAQMD "Laborato ry Methods of Analysis for Enforcement Samples" manual

. (C) Exempt Perfluorocarbon Compounds The following classes of compounds: cyclic, branched, or linear, completely fluorinated alkanes cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perfluorocarbons with no unsatura tions and with sulfur bonds only to carbon and fluorine will be analyzed as exempt compounds for compliance with subdivision (d), only when manufacturers specify wh ich individual compounds are used in the solvent formulations. In addition, the manufacturers must identify the U.S. EPA, CARB, and SCAQMD approved test methods, which can be used to quantif y the amount of each exempt compound.Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 11 (2) Equivalent Test Methods Other test methods determined to be equivalent upon approval in writing by the Executive Officer, CARB, and the U.S. EPA ma y also be used. (3) Multiple Test Methods

When more than one test method or set of test metho ds are specified for any testing, a violation of any requirement of this rule established by any one of the specified test methods or set of test me thods shall constitute a

violation of the rule. (4) All test methods referenced in this subdivision shall be the version most recently approved by the appropriate governmental e ntities.

(j) Exemptions (1) The provisions of this rule shall not apply to: (A) Solvents sold in this District for shipment out side of this District or for shipment to other manufacturers for repackaging

. (2) Paragraph (d)(1) of this rule shall not apply t o: (A) Solvents provided that they are labeled and des ignated exclusively for the clean-up of polyaspartic and polyurea coati ngs application equipment. This exemption does not apply if there are any additional use claims on the label or any other pro duct literature. This exemption does not apply to any person selling or using the otherwise exempt solvent for a non-exempt purpose. (B) Thinners provided that they are labeled and des ignated exclusively for the thinning of Industrial Maintenance (IM) coa tings, ZincRich IM Primers, and High Temperature IM Coatings. This exemption does not apply if there are any additiona l use claims on the label or any other product literature. This ex emption does not apply to any person selling or using the otherwise exempt thinner for a non-exempt purpose. (C) Artist solvents/thinners provided that they are labeled and designated exclusively to reduce the viscosity of, or remove, art coating compositions or components and are individu ally packaged in containers having a total capacity equal to or l ess than 1 liter.Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 12 (k) Severability If any provision of this rule is held by judicial o rder to be invalid, or invalid or inapplicable to any person or circumstance, such or der shall not affect the validity of the remainder of this rule, or the validity or a pplicability of such provision to other persons or circumstances. In the event any of the exceptions to this rule is held by judicial order to be invalid, the persons o r circumstances covered by the exception shall instead be required to comply with the remainder of this rule.