BOARD MEETING DATE: July 13, 2007 AGENDA NO. 28 

PROPOSAL: Amend Rule 1113 - Architectural Coatings 

SYNOPSIS: The proposed amendments to Rule 1113 - Architectural Coatings 

amend the definition of metallic pigmented coatings to remove 

reference to mica to be consistent with the federal architectural 

coating rule, update the test method used to determine the weight 

percent of elemental metal in metallic coatings to reflect current 

practice, and delete obsolete language. 

COMMITTEE: Stationary Source, February 23, 2007, March 23, 2007 and May 25, 

2007, Reviewed 

RECOMMENDED ACTION: 

Adopt the attached resolution: 

1. Certifying the Notice of Exemption for Proposed Amended Rule 1113 – 

Architectural Coatings; and 

2. Amending Rule 1113 – Architectural Coatings. 

Barry R. Wallerstein, D.Env. 

Executive Officer 

EC:LT:LB 

Background 

Rule 1113 – Architectural Coatings was first adopted in 1977 and has been amended 

numerous times. It is applicable to manufacturers, distributors, and end-users of 

architectural coatings. In November 1996, the Board amended Rule 1113 to include 

an averaging compliance provision as a flexibility option providing a more costeffective and flexible approach for manufacturers to transition compliant product lines 

into the marketplace. To use the Averaging Compliance Option (ACO) successfully, 

a manufacturer must be able to distribute sufficient volumes of products with VOC 
-2- 

content below applicable limits in order to offset the excess emissions from products 

with VOC content above the limits. One limitation of the ACO is that a manufacturer 

is required to have a broad array of commercial products, with sufficient volume of 

sales of products that are below the applicable VOC limit. 

One manufacturer, affected by the limitation of the ACO described above, recently 

requested that the Stationary Source Committee, a subcommittee of the Board, direct 

staff to prepare amendments to Rule 1113 to remove the specialty primer category 

from the ACO provision because they were at a competitive disadvantage. The 

Stationary Source Committee, as a result of these discussions, directed staff to propose 

an amendment to Rule 1113 – Architectural Coatings to remove specialty primers 

from the ACO provision. After staff commenced rule making and subsequent to the 

Stationary Source Committee’s direction to staff, the manufacturer withdrew its 

request. The Stationary Source Committee then directed staff to not include the 

original request as a part of the proposed amendments. 

However, in unrelated matters, during implementation of recent amendments to the 

rule, it became apparent that by adding mica to the definition of metallic pigmented 

coatings it is improperly less restrictive than the federal definition and a correction to 

delete mica from the definition is therefore necessary. Staff also became aware that 

the test method in the rule used to determine the metal content of metallic pigmented 

coatings was outdated. In addition, during the public outreach it was pointed out that 

a sentence in the Appendix to the Rule is obsolete and therefore it is proposed to be 

deleted. 

The proposed amendments do not affect air quality or emissions and have no cost 

impact. 

Proposal 

Staff is proposing the following amendments to clarify issues related to rule 

implementation. 

− Amend the definition of metallic pigmented coatings to make it consistent with 

the federal Architectural and Industrial Maintenance (AIM) Coatings rule. 

− Update the test method used to determine the weight percent of elemental metal 

in metallic coatings, to reflect current practice. 

− Delete obsolete sentence from Appendix A, Section A of the rule. 

Emission Inventory and Emission Reduction 

There is no change in emission inventory or emission reduction associated with the 

proposed amendments. 
-3- 

Cost-Effectiveness 

There will be no additional compliance cost associated with the proposed changes; 

therefore, a cost-effectiveness and an incremental cost-effectiveness analysis are not 

applicable. 

CEQA 

The AQMD has reviewed the proposed project pursuant to State CEQA Guidelines 

§15002 (k)(1). Since the proposed amendments to Rule 1113 only address clarity and 

enforceability and it can be seen with certainty that there is no possibility that the activity 

in question may have a significant effect on the environment, the project is exempt from 

the requirements of CEQA, pursuant to state CEQA Guidelines §15061(b)(3). A Notice 

of Exemption has been prepared in accordance with state CEQA Guidelines §15062 for 

the proposed project and will be filed with the county clerks immediately following the 

adoption of the proposed amendments to the rule. A copy of that notice has been 

included as Attachment G of this letter. 

Socioeconomic Analysis 

The proposed amendments do not affect air quality or emissions limitations. Therefore, a 

socioeconomic assessment is not necessary or required. 

AQMP and Legal Mandates 

The proposed amendment to the definition of metallic pigmented coatings to make it no 

less stringent than the federal rule for architectural and industrial maintenance coatings is 

necessary for Rule 1113 to be approvable by U.S. EPA for inclusion into the SIP. 

Moreover, California State law requires AQMD to enforce federal standards. 

Implementations and Resources 

Existing AQMD resources will be sufficient to implement the proposed changes to 

this rule with minimal impact on the budget.

Attachments 

A. Summary of Proposed Amendments 

B. Rule Development Process Flow Chart 

C. Key Contacts 

D. Resolution 

E. Rule Language 

F. Staff Report 

G. CEQA – Notice of Exemption 
-4- 

ATTACHMENT A 

Summary of Proposed Amendments to Rule 1113 – Architectural Coatings 

Staff proposes amending Rule 1113 as follows:

• Amend the definition of metallic pigmented coatings to make it consistent with the 

federal AIM rule by removing the words “mica particles or any combination of 

metallic pigments and mica particles.” 

• Update the Test Method used to determine the weight percent of elemental metal 

in metallic coatings, to reflect current practice. 

• Delete the following obsolete sentence from Appendix A, Section A of the rule: 

“Manufacturers that submitted an annual exemption report in 2002 for quick-dry 

primers, sealers and undercoaters and included those coatings in their most recent 

approved ACO Program, may continue to average those coatings until July 1, 

2006, so long as these coatings do not exceed 450 grams of VOC per liter of 

coating less water and less exempt compounds, in lieu of the otherwise applicable 

VOC limit of 350 grams per liter.” 
-5- 

April 17, 2007 

Zinsser withdraws request to eliminate specialty 

primers from averaging provision. 

February 23, 2007 

Stationary Source Committee (SSC) Meeting 

Staff directed to review Rule 1113 Averaging 

Compliance Option (ACO) provision with Zinsser 

to determine feasibility. 

March 23, 2007 SSC Meeting 

Staff directed to amend Rule 1113 to remove 

specialty primers from averaging provision.

March 23, 2007 

Initial rule development to remove 

primers from ACO to provide relief, as 

well as other clarifications 

February and March 

Staff works with Zinsser, 

averaging provision deemed a 

partial resolution only 

April 19, 2007 

Public Workshop: 

Public Notice in Newspapers

May 25, 2007 SSC Meeting 

Staff directed not to remove primers from ACO. 

Precede with rule clarification amendments. 

June 1, 2007 

Set Hearing 

June 6, 2007 

Public Hearing Notice Published and 

Mailed for Public Hearing. 

July 13, 2007 

Public Hearing

California Environmental Quality Act 

(CEQA) 

Notice of Exemption Will Be Filed 

with the County Clerks 

ATTACHMENT B 

RULE DEVELOPMENT PROCESS

PROPOSED AMENDED RULE 1113 - Architectural Coatings
ATTACHMENT C 

KEY CONTACTS

Mike Butler Behr 

Ron Widner Benjamin Moore 

Lisa King BonaKemi 

Andy Rogerson Caltrans 

Barbara Fry CARB 

Jim Nyarady CARB 

Robert Wendoll Dunn-Edwards Paints 

Howard Berman Dutko Worldwide 

Joseph Tashjian Ellis Paint Company 

Fred Anwari Frazee Paint 

Jeff Margulies Fulbright & Jaworski 

Jim Kantola ICI Dulux Sinclair 

Katy Wolf IRTA 

Dave Sibbrel Life Paint 

Dan Pourreau Lyondell Chemical 

Carol Kaufman Metropolitan Water District 

John Wallace Metropolitan Water District 

Dave Darling National Paint & Coatings Association 

Jim Sell National Paint & Coatings Association 

Madelyn Harding Sherwin-Williams Company 

Tony Hobbs Tnemec Company 

Sona Chilingaryan U.S. EPA 

Dave Salman U.S. EPA 

Andy Steckel U.S. EPA 

Stanley Tong U.S. EPA 

John Long Vista Paint Corporation 

Mike Jurist Zinsser 

Tim O’Reilly Zinsser 
A T T A C H M E N T D 

RESOLUTION FOR 

PROPOSED AMENDED RULE 1113 - ARCHITECTURAL COATINGS
RESOLUTION NO. 2007 - _______ 

A Resolution of the Governing Board of the South Coast Air Quality 

Management District certifying that the proposed amendments to Rule 1113 – 

Architectural Coatings are exempt from the requirements of the California 

Environmental Quality Act (CEQA). 

A Resolution of the AQMD Governing Board adopting Amended Rule 1113 - 

Architectural Coatings. 

WHEREAS, the South Coast Air Quality Management District Governing Board 

finds and determines that Proposed Amended Rule 1113 – Architectural Coatings, is 

considered a "project" pursuant to the CEQA; however, South Coast Air Quality 

Management District staff reviewed the proposed project and determined with certainty 

that the proposed amendments to Rule 1113 – Architectural Coatings are exempt from 

the requirements of CEQA pursuant to CEQA Guidelines §15061(b)(3); and 

WHEREAS, the staff report, the CEQA Notice Of Exemption, this July 13, 2007 

Board letter, and other supporting documentation was presented to the AQMD Governing 

Board and that the Board has reviewed and considered the entirety of this information 

prior to approving the project; and 

WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend, 

or repeal rules and regulations from Sections 39002, 40000, 40001, 40440, 40441, 40702, 

and 41508 of the California Health and Safety Code; and 

WHEREAS, the AQMD Governing Board has determined that a need exists to 

amend Rule 1113 - Architectural Coatings to achieve United States Environmental 

Protection Agency approval for inclusion in the California State Implementation Plan; 

and 

WHEREAS, the AQMD Governing Board has determined that Rule 1113 - 

Architectural Coatings, as proposed to be amended, is written and displayed so that its 

meaning can be easily understood by persons directly affected by them; and 

WHEREAS, the AQMD Governing Board has determined that Rule 1113 - 

Architectural Coatings, as proposed to be amended, is in harmony with, and not in 

conflict with, or contradictory to, existing statutes, court decisions, or state or federal 

regulations; and 

WHEREAS, the AQMD Governing Board has determined that Rule 1113 - 

Architectural Coatings, as proposed to be amended, does not impose the same 

requirements as any existing state or federal regulation, and the proposed amended rule is 

necessary and proper to execute the powers and duties granted to, and imposed upon, the 

AQMD; and 
2 

WHEREAS, the AQMD Governing Board in amending the regulation, references 

the following statutes which the AQMD hereby implements, interprets or makes specific: 

Health and Safety Code Sections 40001(a) (air quality standards and enforcement of 

federal standards), 40440(a) (rules to carry out plan), 40702 (adopt regulation to execute 

duties), and Federal Clean Air Act Sections 116 (state standards at least as stringent as 

federal standards) and 172 (c)(1) (RACT); and 

WHEREAS, the AQMD Governing Board determines that there is a problem that 

Proposed Amended Rule 1113 - Architectural Coatings will alleviate, the proposed 

amendment will address the concerns of the United States Environmental Protection 

Agency for approval for inclusion in the California State Implementation Plan; and 

WHEREAS, the AQMD Governing Board has determined that the 

Socioeconomic Impact Assessment is not necessary because this amendment has no 

significant impact on air quality, emissions limitations or costs to manufacturers; and 

WHEREAS, a public hearing has been properly noticed in accordance with all 

provisions of Health and Safety Code, Section 40725; and 

WHEREAS, the AQMD Governing Board has held a public hearing in 

accordance with all provisions of law; and 

WHEREAS, the AQMD specifies the manager of Rule 1113 as the custodian of 

the documents or other materials which constitute the record of proceedings upon which 

the adoption of this proposed amendment is based, which are located at the South Coast 

Air Quality Management District, 21865 Copley Drive, Diamond Bar, California. 

NOW, THEREFORE, BE IT RESOLVED, that the South Coast Air Quality 

Management District Board does hereby certify the Notice of Exemption for Rule 1113 – 

Architectural Coatings, as proposed to be amended, completed in compliance with CEQA 

Guidelines §15002(k)(1) - Three Step Process and §15061(b)(3) – Review for Exemption 

(General Rule Exemption). This information was presented to the Governing Board, 

whose members reviewed, considered, and approved the information therein prior to 

acting on Proposed Amended Rule 1113; and 

BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby 

amend, pursuant to the authority granted by law, Rule 1113 - Architectural Coatings, as 

set forth in the attached, and incorporated herein by this reference. 

Attachment 

DATE: _____________________________ 

CLERK OF THE BOARD 

A T T A C H M E N T D 

RESOLUTION FOR 

PROPOSED AMENDED RULE 1113 - ARCHITECTURAL COATINGS
RESOLUTION NO. 2007 - _______ 

A Resolution of the Governing Board of the South Coast Air Quality 

Management District certifying that the proposed amendments to Rule 1113 – 

Architectural Coatings are exempt from the requirements of the California 

Environmental Quality Act (CEQA). 

A Resolution of the AQMD Governing Board adopting Amended Rule 1113 - 

Architectural Coatings. 

WHEREAS, the South Coast Air Quality Management District Governing Board 

finds and determines that Proposed Amended Rule 1113 – Architectural Coatings, is 

considered a "project" pursuant to the CEQA; however, South Coast Air Quality 

Management District staff reviewed the proposed project and determined with certainty 

that the proposed amendments to Rule 1113 – Architectural Coatings are exempt from 

the requirements of CEQA pursuant to CEQA Guidelines §15061(b)(3); and 

WHEREAS, the staff report, the CEQA Notice Of Exemption, this July 13, 2007 

Board letter, and other supporting documentation was presented to the AQMD Governing 

Board and that the Board has reviewed and considered the entirety of this information 

prior to approving the project; and 

WHEREAS, the AQMD Governing Board obtains its authority to adopt, amend, 

or repeal rules and regulations from Sections 39002, 40000, 40001, 40440, 40441, 40702, 

and 41508 of the California Health and Safety Code; and 

WHEREAS, the AQMD Governing Board has determined that a need exists to 

amend Rule 1113 - Architectural Coatings to achieve United States Environmental 

Protection Agency approval for inclusion in the California State Implementation Plan; 

and 

WHEREAS, the AQMD Governing Board has determined that Rule 1113 - 

Architectural Coatings, as proposed to be amended, is written and displayed so that its 

meaning can be easily understood by persons directly affected by them; and 

WHEREAS, the AQMD Governing Board has determined that Rule 1113 - 

Architectural Coatings, as proposed to be amended, is in harmony with, and not in 

conflict with, or contradictory to, existing statutes, court decisions, or state or federal 

regulations; and 

WHEREAS, the AQMD Governing Board has determined that Rule 1113 - 

Architectural Coatings, as proposed to be amended, does not impose the same 

requirements as any existing state or federal regulation, and the proposed amended rule is 

necessary and proper to execute the powers and duties granted to, and imposed upon, the 

AQMD; and 
2 

WHEREAS, the AQMD Governing Board in amending the regulation, references 

the following statutes which the AQMD hereby implements, interprets or makes specific: 

Health and Safety Code Sections 40001(a) (air quality standards and enforcement of 

federal standards), 40440(a) (rules to carry out plan), 40702 (adopt regulation to execute 

duties), and Federal Clean Air Act Sections 116 (state standards at least as stringent as 

federal standards) and 172 (c)(1) (RACT); and 

WHEREAS, the AQMD Governing Board determines that there is a problem that 

Proposed Amended Rule 1113 - Architectural Coatings will alleviate, the proposed 

amendment will address the concerns of the United States Environmental Protection 

Agency for approval for inclusion in the California State Implementation Plan; and 

WHEREAS, the AQMD Governing Board has determined that the 

Socioeconomic Impact Assessment is not necessary because this amendment has no 

significant impact on air quality, emissions limitations or costs to manufacturers; and 

WHEREAS, a public hearing has been properly noticed in accordance with all 

provisions of Health and Safety Code, Section 40725; and 

WHEREAS, the AQMD Governing Board has held a public hearing in 

accordance with all provisions of law; and 

WHEREAS, the AQMD specifies the manager of Rule 1113 as the custodian of 

the documents or other materials which constitute the record of proceedings upon which 

the adoption of this proposed amendment is based, which are located at the South Coast 

Air Quality Management District, 21865 Copley Drive, Diamond Bar, California. 

NOW, THEREFORE, BE IT RESOLVED, that the South Coast Air Quality 

Management District Board does hereby certify the Notice of Exemption for Rule 1113 – 

Architectural Coatings, as proposed to be amended, completed in compliance with CEQA 

Guidelines §15002(k)(1) - Three Step Process and §15061(b)(3) – Review for Exemption 

(General Rule Exemption). This information was presented to the Governing Board, 

whose members reviewed, considered, and approved the information therein prior to 

acting on Proposed Amended Rule 1113; and 

BE IT FURTHER RESOLVED, that the AQMD Governing Board does hereby 

amend, pursuant to the authority granted by law, Rule 1113 - Architectural Coatings, as 

set forth in the attached, and incorporated herein by this reference. 

Attachment 

DATE: _____________________________ 

CLERK OF THE BOARD 

A T T A C H M E N T G 

C E Q A N O T I C E O F E X E M P T I O N 
South Coast 

Air Quality Management District 

21865 Copley Drive, Diamond Bar, CA 91765-4182 

(909) 396-2000 • www.aqmd.gov

SUBJECT: NOTICE OF EXEMPTION FROM THE CALIFORNIA 

ENVIRONMENTAL QUALITY ACT 

PROJECT TITLE: PROPOSED AMENDED RULE 1113 – ARCHITECTURAL 

COATINGS 

Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the South Coast Air 

Quality Management District (SCAQMD) is the Lead Agency and will prepare a Notice of 

Exemption for the project identified above. 

The SCAQMD has reviewed the proposed project mentioned above pursuant to CEQA 

Guidelines §15002 (k)(1). Since it can be seen with certainty that there is no possibility that the 

activity in question may have a significant effect on the environment, the project is exempt from 

the requirements of CEQA pursuant to state CEQA Guidelines §15061(b)(3). A Notice of 

Exemption has been prepared pursuant to CEQA Guidelines §15062 - Notice of Exemption. The 

Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and 

San Bernardino counties immediately following the adoption of the proposed project. 

Any questions regarding this Notice of Exemption should be sent to Michael Krause (c/o 

Planning, Rule Development & Area Sources) at the above address. Mr. Krause can also be 

reached at (909) 396-2706. 

Date: June 1, 2007 Signature: 

 Steve Smith, Ph.D. 

 Program Supervisor 

 Planning, Rule Development & 

Area Sources 

Reference: California Code of Regulations, Title 14 
NOTICE OF EXEMPTION 

To: County Clerks 

Riverside, Los Angeles, 

Orange, San Bernardino

From: South Coast Air Quality Management District 

21865 Copley Drive 

Diamond Bar, CA 91765

Project Title: 

Proposed Amended Rule 1113 – Architectural Coatings

Project Location: 

South Coast Air Quality Management District (SCAQMD) area of jurisdiction consisting of the fourcounty South Coast Air Basin (Orange County and the non-desert portions of Los Angeles, Riverside 

and San Bernardino counties), and the Riverside County portions of the Salton Sea Air Basin and the 

Mojave Desert Air Basin.

Description of Nature, Purpose, and Beneficiaries of Project: 

Proposed amended Rule (PAR) 1113 will clarify the existing definition of metallic pigmented coatings 

to remove reference to mica to be consistent with the federal architectural coating rule. In addition, PAR 

1113 will update the test method used to determine the weight percent of elemental metal in metallic 

coatings to reflect current practice and delete obsolete, outdated language.

Public Agency Approving Project: 

South Coast Air Quality Management District

Agency Carrying Out Project: 

South Coast Air Quality Management District

Exempt Status: 

General Concepts [CEQA Guidelines §15002 (k)(1)]; and 

General Rule Exemption [CEQA Guidelines §15061 (b)(3)]; 

Reasons why project is exempt: 

The SCAQMD has reviewed the proposed project pursuant to State CEQA Guidelines §15002 (k)(1). 

Since the proposed amendments to Rule 1113 only address clarity and enforceability and it can be seen 

with certainty that there is no possibility that the activity in question may have a significant effect on the 

environment, the project is exempt from the requirements of CEQA pursuant to state CEQA Guidelines 

§15061(b)(3) - Review for Exemption. 

Certification Date: 

SCAQMD Governing Board Hearing: July 13, 2007, 9:00 a.m.; SCAQMD Headquarters 

CEQA Contact Person: 

Mr. Michael Krause

Phone Number: 

(909) 396-2706

Fax Number: 

(909) 396-3324

Email: 

<mkrause@aqmd.gov>

Rule Contact Person: 

Mr. Dan Russell

Phone Number: 

(909) 396-2333 

Fax Number: 

(909) 396-3324

Email: 

<drussell@aqmd.gov>

Date Received for Filing Signature Signed upon certification 

 Steve Smith, Ph.D. 

 Program Supervisor 

Planning, Rule Development 

 and Area Sources