UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX AIR DIVISION

Technical Support Document

For

EPA’s Notice of Proposed Rulemaking for the

California State Implementation Plan

South Coast Air Quality Management District Rule 1113,

Architectural Coatings

Prepared by Nicole Law

October 2012 2

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Agency: South Coast Air Quality Management District (SCAQMD)

SIP Approved Rule : Rule 1113, Architectural Coatings, amended July 12, 2007, submitted March 7, 2008, EPA approved August 17, 2011 (76 FR 50891)

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Superseded Submittals : There are no superseded submittals

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Subject of this TSD: Rule 1113, Architectural Coatings, amended June 3, 2011, submitted September 27, 2011

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Rule Summary SCAQMD Rule 1113 controls volatile organic compound (VOC) emissions from architectural coatings by establishing VOC limits on manufacture, distribution and use of various coatings. SCAQMD first adopted it in September 1977 and has amended it
several times since initial adoption.

Changes from the SIP Approved Rule Changes to the SIP approved version of Rule 1113 include the following:

 Section (a) Applicability was revised to include persons who market architectural coatings in the district. Market is later defined in the definitions section to include catalog or ecommerce sales. The section has also included architectural coatings applied to fields and lawns and stored at a worksite. The applicability section no longer includes architectural coatings applied to mobil es homes and pavements or curbs because those are included in the new definition for stationary

structures.

 The following terms and definitions were added to Section (b) Definitions : concrete surface retarders, driveway sealers, faux fin ishing coatings (and subcategories), form release compounds, gonioapparent, manufacturer, market,

non

- sacrificial anti

- graffiti coatings, pearlescent, pigmented, reactive penetrating sealers, restoration architect, retail outlet, sacrificial anti

- graffiti coatings, stationary structures, stone consolidants, and worksite.

 The following terms and definitions were removed from Section (b) Definitions : clear brushing lacquers, fire retardant coatings, japans/faux finishing coatings, and nonflat high gloss coati ngs.

 T he definitions for the following terms in Section (b) Definitions were revised : architectural coatings, fire

- proofing coatings, floor coatings, grams of VOC per liter of coating or colorant, less water and less exempt compounds, metallic pigmented c oatings, product line, quick

- dry primers, sealers, and undercoatings, sanding sealers, swimming pool coatings, varnishes, volatile organic compound (VOC), waterproofing concrete/masonry sealers.

 Section (c)(1) Requirements was moved to a new subsection of (c)(1)(B)

. This section provided a general 250 grams of VOC per liter limit on architectural coatings no t covered in other sections and continues to do that in the new section. 3

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 Section (c)( 2) under Requirements was renumbered to (c)(1) and now includes coatings marketed and coating applied or stored at a worksite within the District. It requires the coatings comply with limits in the Table of Standards 1 if the category is listed or comply with the 250 g/L limit if the category is not listed in
the Table of Standards 1.

 A new section (c)(2) was created to prohibit adding colorants at the point of sale
which exceed VOC content limitations in the Table of Standards 2.

 Several VOC limits have b een revised and outdated limits deleted in the Table of Standards 1. The following categories have been added :

o Concrete surface retarder (250 g/L),

o Faux finishing coatings

 Clear topcoat (current limit: 350 g/L, limit effective 1/1/12: 200 g/L)

 Decorative coatings (350 g/L)

 Glazes (350 g/L)

 Japan (350 g/L)

 Trowel applied coatings (current limit: 350 g/L, limit effective 1/1/12: 150 g/L)

o Form release compound (250 g/L),

o Non

- sacrificial anti

- graffiti coatings (100 g/L),

o Reactive penetrating sealers (350 g/L),

o Stone consolidant (450 g/L),

o Sacrificial anti

- graffiti coatings (100 g/L)

 A second Table of Standards was created to provide limits on colorants. The categories (all effective January 1, 2014) are:

o Architectural coatings, excluding IM coatings (50 g/L),

o Solvent

- base IM (600 g/L),

o Waterborne IM (50 g/L)

 Section (c)(4)(B) under Sell

- Through Provision was removed , but sales of products qualifying for the one liter exemption and manufactured prior to July 1,
2011 may be sold until January 1, 2012 as is descri bed in section (f)(1)(C)

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 Section (c)(6) Average Compliance Option was significantly modified so it could eventually be phased out. The averaging compliance option may be used until January 1, 2015.

 Until December 31, 2011, the following architectural coating categories may be averaged as described in Section (c)(6)(A) :

o Bituminous roof primers,

o Floor coatings,

o I ndustrial maintenance coatings,

o Interior stains,

o Metallic pigmented coatings,

o Primers, sealers, and undercoaters,

o Roof coatings,

o Rust preventative coatings,

o Sanding sealers,

o Specialty primers, 4

 o Stains,

o Waterproofing concrete/masonry sealers,

o Waterproofing sealers,

o Varnishes,

o Zinc

- rich industrial maintenance primers,

o Flats and non flats

 Beginning January 1, 2012, only the following categor ies may be averaged:

o Floor coatings,

o Industrial maintenance coatings,

o Interior stains,

o Metallic pigmented coatings,

o Rust preventative coatings,

o Sanding sealers,

o Stains,

o Varnishes,

o Flats and non flats

 Section (c)(7) was added prohibiting the application or solicitation of application of industrial maintenance coatings, except for non

- sacrificial anti

- graffiti coatings, for residential use or in areas not exposed to such extreme environmental
conditions described in the definition of industrial maintenance c oatings.

 Section (c)(8) General Prohibition was added

. B eginning on January 1, 2012, architectural coatings which contain in excess of 0.1% by weight of Group II exempt compounds from SCAQMD Rule 102 are prohibited from supply, sales, marketing, manufactu re, blend, and repackaging in the District.

 Section (d)(3) under Administrative Requirements has been revised to require the VOC content be displayed on the coating container in a clear manner. The
section has further specific requirements.

 The former sec tion (d)(4) was removed describing labeling requirements for quick dry primers, sealers, and undercoaters. Those categories have been removed from
the rule.

 Sections (d)(4)

- (6) removed the effective dates which have passed. These requirements are indefin itely effective.

 The former section (d)(8) was removed describing annual reporting of recycled coatings, shellacs, and specialty primer.

 Section (d)(7) was added requiring labels for Clear Topcoat for Faux Finishing coatings prominently display the stateme nt, “This product can only be sold as a part of a Faux Finishing coating system.”

 Section (e)(1) under Test Methods has been revised to include testing VOC
content of colorants.

 The former section (e)(4) section Flame Spread Index has been removed. The category of Fire Retardant Coatings has been removed.

 Section (e)(6) Gonioapparent Characteristics for Coatings has been added to include the test method for determining gonioapparent appearance.

 Section (e)(7) has been added to provide test methods for determining Water Repellency for Reactive Penetrating Sealers. 5

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 Section (e)(8) has been added to provide a test method for determining Water Vapor Transmission for Reactive Penetrating Sealers.

 Section (e)(9) has been added to provide a test method for dete rmining Selection
and Use of Stone Consolidants.

 Section (e)(10) has been added to provide a test method for Chloride Screening for Reactive Penetrating Sealer.

 The former section (f) Technology Assessment has been removed.

 Section (f) exemptions have been significantly revised.

o Section (f)(1) describes the small container exemption for architectural coatings excluding clear wood finishes, varnishes, sanding sealers, lacquers, and pigmented lacquers. Changes to the exemption include changing the size capac ity from 1 quart to 1 liter to be consistent with
CARB and EPA rules. New requirements for the small container exemption are prohibiting the bundling of coating containers and labeling that does not suggest combining multiple containers are to be combined.

o Section (f)(2) has been revised to exempt architectural coatings supplied, offered for sale, marketed, manufactured, blended, repackaged, or store d in the District for shipment outside of the district and to exempt stains and lacquers for sale and use in areas of elevation of 4,000 feet or greater
above sea level

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o The former sections (f)(2), (f)(3), (f)(4), and (f)(5) regarding exemptions for lacquer use

, the 2006 limits for various coating categories, and roof coatings were delete d

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EPA Evaluation The following criteria were used to evaluate the submitted rule.

1. Enforceability

- The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Co mmon VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the
CAA § 110(a)(2)(A) requirement for enforceability.

2. Rule stringency

– EPA’s National Volatile Organic Compound Emission Standard for Architectural Coatings (40 CFR Part 59 Subpart D), CARB’s Suggested Control Measures for Architectural Coatings (October 26, 2007), and other state and local rules for this category were used t o help evaluate the rule stringency

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3. SIP Relaxation

- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable r equirement of the CAA. In addition, CAA § 193 prohibits the modification of any SIP

- approved control requirement in effect before November 15, 1990, in a nonattainment area.

4. Economic Incentive Program

- Because Rule 11 1 3 includes an averaging provision , EPA considers this program an economic incentive program. EPA’s 6

 guidance contained in the document entitled, “Improving Air Quality with Economic Incentive Programs,” EPA

- 452/R

- 01

- 001, January 2001, ( http://www.epa.gov/ttncaaa1/t1/meta/m1201.html ), frequently referred to as the
EIP Guidance , was used to evaluate the economic incentive program

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The submitted rule has VOC limits more stringent than EPA’s rule for architectural coatings, CARB’s suggested control measure, and other California District rules for this category. Rule 1113 has also included colorants used at the point of sale in the applicability of the rule. As a result, we have determined that this rule is sufficiently stringent. T he labeling

, test methods, and other requirements generally ensure that the submitted rule can be enforced. Lastly, the submitted rule is more stringent than the version previously approved into the SIP, so the submitted rule does not relax the SIP and

com plies with Section 110(l) and Section 193.

Rule Evaluation Discussion Several specific issues are discussed below.

Rule 1113 section (b)( 71 ), the definition for volatile organic compound, exempts tertiary butyl acetate (TBAc) as a VOC in the architectur al coating category of industrial maintenance coatings but considers it a VOC for the purposes of recordkeeping, emissions reporting, photochemical dispersion modeling , and inventory requirements

. This amendment to the rule is consistent with EPA’s definition of a VOC (see 40 CFR 51.100(s)(5)) and adopts the recommendation from EPA’s proposed approval of the last
amendment to rule 1113 (75 FR 61367).

EPA’s other two recommendations from the proposed approval of the last amendment to rule 1113 (75 FR 61367) regarded the Averaging Compliance Option (ACO) . The firs t recommend ation was to include a discount of emissions reductions of at least 10% and the second recommendation was to reduce the averaging period to 30 days or less as recommended by the EIP guidance. While the D istrict has not adopted these revisions, significant improvements to the ACO have been made.

The District is on track to phase out the entire ACO by January 1, 2015. Effective January 1, 2012, only nine categories may be averaged. This is eleven less categories than what was allowed in the previous SIP approved version of rule 1113. Additionally,
the District states that the number of manufacturers utilizing the ACO has decreased from
10 manufacturers in 2007 to 6 manufacturers in 2011. Lastly

, ceiling limits for several categories have been lowered from the last SIP approved version of rule 1113. Ceiling
li mits are only applicable to products sold under the ACO and several of the limits now
match the general limits in CARB’s SCM.

Rule 1113 does not explicitly require a 10% dis count of emissions reductions. However,
the combinations of the new revisions de scribed above do provide emission reductions
from the previous amendment of the rule and EPA still believes that Rule 1113 Section (c)(6) fulfills the EIP’s environmental benefit because the averaging provision was important in enabling SCAQMD to adopt VOC limits which are lower than the national 7

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and existing local architectural coating regulations. The rule also has not reduced the averaging period to 30 days or less

, but after review of other improvements to the provision , including the sunset provision

, EPA believes an averaging period longer than 30 days is acceptable for this rule at this time

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Additional Recommendations for the Next Rule Revision After the averaging provision in section (c)(6) expires in 2015, we recommend the District clearly remove the averaging compliance option from the rule.

EPA Action EPA staff recommends full approval of Rule 1113 pursuant to §110(k)(3) of the CAA,
and its inclusion in the California SIP for the South Coast Air Quality Management
District.

References
1. SCAQMD Rule 1113, Architectural Coatings, as submitted on September 27,
2011

. 2. SCAQMD Rule 1113, Architectural Coatings, as approved into the SIP on August 17, 2011

. 3. “Issues Relating to VOC Regulation Cut points, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
4. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
5. “Suggested Control Measure for Architectural Coatings,” CARB, October 2007

. http://www.arb.ca.gov/coatings/arch/Approved_2007_SCM.pdf
6. “Improving Air Quality with Economic Incentive Programs,” EPA

- 452/R

- 01

- 001, January 2001, ( http://www.epa.gov/ttncaaa1/t1/meta/m1201.html ).
7. “2005 Architectural Coatings Survey Final,” CARB, December 2007

. 8. “Final Staff Report for Proposed Amended Rule 1113

- Architectural Coatings,” SCAQMD, May 2011.