UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX AIR DIVISION 

Technical Support Document 

For 

EPA’s Notice of Direct Final Rulemaking for the 

California State Implementation Plan 

Mojave Desert Air Quality Management District Rule 1113, 

Architectural Coatings 

Prepared by Nicole Law 

June 2013 
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Agency: Mojave Desert Air Quality Management District (MDAQMD) 

SIP Approved Rule: Rule 1113, Architectural Coatings, amended February 24, 2003, 

submitted April 1, 2003, EPA limited approval on January 2, 2004 (69 FR 34). 

Superseded Submittals: There are no superseded submittals. 

Subject of this TSD: Rule 1113, Architectural Coatings, amended April 23, 2012, 

submitted February 6, 2013.

Rule Summary 

MDAQMD Rule 1113 controls volatile organic compound (VOC) emissions from 

architectural coatings by establishing VOC limits on manufacture, distribution and use of 

various coatings. 

Changes from the SIP Approved Rule 

Changes to the SIP approved version of Rule 67.0 include the following: 

· Section (A)(2) Applicability was revised to include persons who blend or 

repackage architectural coatings for use in the district. 

· Section (A)(3)(c) was edited to require that records and labeling be kept even for 

small containers. 

· Several new terms were added to section (B) Definitions. The terms are: 

Aluminum Roof, Basement Specialty Coating, Concrete/Masonry Sealer, 

Driveway Sealer, Manufacturer’s Maximum Thinning Recommendation, Medium 

Density Fiberboard, Particleboard, Pearlescent, Plywood, Primer, Sealer, and 

Undercoater, Reactive Penetrating Sealer, Secondary Industrial Materials, 

Semitransparent Coating, Stone Consolidant, Tub and Tile Refinish Coating, 

Veneer, Virgin Materials, Waterproofing Membrane, Wood Coatings, Wood 

Substrate, and Zinc-Rich Primer. 

· Several definitions were revised in section (B) Definitions. The terms are: 

Bituminous Roof Primer, Concrete Curing Compound, Exempt Compounds, Faux 

Finishing Coating, Fire Resistive Coating, Fire-Retardant Coating, Flat Coating, 

Floor Coating, Graphic Arts Coating or Sign Paint, Industrial Maintenance 

Coating, Low Solids Coating, Metallic Pigmented Coating, Multi-Color Coating, 

Nonflat Coating, Nonflat-High Gloss Coating, Post-Consumer Coating, PreTreatment Wash Primer, Recycled Coating, Roof Coating, Rust Preventative 

Coating, Shellac, Specialty Primer, Sealer, and Undercoater, Stain, Swimming 

Pool Coating, and VOC Content. 

· Some terms were deleted from section (B) Definitions. The terms are: Bay Area 

Air Quality Management District, Primer, Sealer, South Coast Air Quality 

Management District, and Undercoater. 

· Section (C) Requirements was revised. 
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o In section (C)(1)(a), it is specified that VOC content limits are expressed 

as thinned to the Manufacturer’ Maximum Thinning Recommendations. 

o Section (C)(2) Most Restrictive VOC limit was revised to include a new 

set of coating categories which are not to be included in the most 

restrictive VOC limit provision. 

o Sections (C)(3) and (C)(4) were added describing specialty coatings and 

eliminated categories. 

o Section (C)(5) Sell-Through of Coatings was updated to address this 

current rule revision and to remove averaging program provisions. 

o Former section (C)(7) Coatings Not Listed in Table 1 was removed and 

the same information is covered in section (C)(3)(b). 

o Former section (C)(8) Lacquers was removed, as this coating category is 

eliminated after January 1, 2013. 

o Former section (C)(9) Averaging Compliance Option has been deleted as 

the averaging option expired on January 1, 2008. 

o Section (C)(9) Early Compliance Provision has been added. 

· Section (D) Container Labeling Requirements was revised. 

o Section (D)(1)(c) lists various values the VOC content may be listed on 

containers. 

o Section was added to address labeling requirements for faux finishing 

coatings. 

o Section (D)(1)(e) Industrial Maintenance Coatings was revised to make 

the section consistent with other labeling requirements. 

o Section (D)(1)(h) Special Primers, Sealers, and Undercoaters was revised 

to remove past dates, edit labeling requirements to match those in the 

SCM, and add language describing how the category includes coatings 

formulated to seal excessively chalky surfaces until January 1, 2013. 

o Sections (D)(1)(d) Faux Finishing Coatings, (D)(1)(i) Reactive 

Penetrating Sealers, (D)(1)(j) Stone Consolidants, (D)(1)(m) Wood 

Coatings, and (D)(1)(n) Zinc Rich Primers were added to address labeling 

requirements for those coating categories. 

· Section (E) Reporting Requirements was revised. 

o Former sections (E)(1) Clear Brushing Lacquers, (E)(2) Rust Preventative 

Coatings, (E)(3) Specialty Primers, Sealers, and Undercoaters, (E)(4) 

Toxic Exempt Compounds, (E)(5) Recycled Coatings, and (E)(6) 

Bituminous Coatings were deleted as this type of reporting is no longer 

being collected by CARB. 

o The new section (E)(1) Sales Data was added describing the data 

manufacturers need to have available, the length of time the records need 

to be maintained, and the partial exemption of TBAc. 

· Section (F)(2) Severability was added to declare parts of the rule are severable. 

· Section (G) (1) Calculation of VOC Content was revised to address calculating 

VOC content after thinning, with use of multi-component products, and with use 

of silanes, siloxanes, or other ingredients that generate ethanol or other VOCs 

during curing. 
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· Several changes were made to section (G)(5) Test Methods to update test 

methods, add additional methods, and delete no longer applicable test methods. 

· Table 1 was updated to remove categories and VOC limits that are no longer 

applicable, limits have also been lowered for several categories. 

· Table 2 was added to include categories and their corresponding VOC limits 

which are effective until January 1, 2013. 

· Appendix A: Averaging Provision was deleted from the rule since the provision 

expired on January 1, 2008. 

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 Common 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 to help evaluate the rule stringency. 

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 requirement 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. 

The submitted rule has VOC limits more stringent than EPA’s rule for architectural 

coatings, VOC limits just as stringent as CARB’s most recent 2007 Suggested Control 

Measure, and VOC limits just as stringent as other California District rules for this 

category. The 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 

complies with Section 110(l) and Section 193. 

Rule Evaluation Discussion 

EPA’s last action on MDAQMD Rule 1113 was a limited approval/limited disapproval of 

the rule on January 2, 2004. In the TSD for that action, EPA found deficiencies with the 

rule’s averaging compliance option. The submitted Rule 1113 has completely removed 

the averaging provision and there are no other deficiencies to cause any action less than a 

full approval. 
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The 2004 TSD also listed suggested changes for the rule. The submitted Rule 1113 

addresses all the suggestions that do not pertain to the averaging compliance option. For 

example, Rule 1113 references Rule 442 which was previously not in the SIP, but now has 

been approved into the SIP. 

Lastly, the submitted Rule 1113 makes all changes recommended in EPA’s February 16, 

2012 comment letter to the District. 

Additional Recommendations for the Next Rule Revision 

The following revisions are not currently the basis for rule disapproval, but are 

recommended for the next time the rule is amended. 

1. A typographical error in section (B)(4) can be corrected. The term “Aluminium 

Roof” should also contain the word “coating” to clarify the definition is for a type 

of coating. 

2. In section (G)(5)(a), the acid content test method can be updated from ASTM 

D1613-96 to ASTM D1613-06. 

3. In section (G)(1)(a), the rule should address how to calculate VOC Content if the 

manufacturer recommends thinning. We suggest adding the following sentence, 

“If the manufacturer recommends thinning, the VOC Content must be calculated 

including the maximum amount of thinning solvent recommended by the 

manufacturer.” 

4. Consider addressing colorants which are added at the point of sale. South Coast 

Air Quality Management District Rule 1113 Architectural Coatings section (c)(2) 

requirements and Table of Standards 2 sets VOC limits for colorants added to 

coatings at the point of sale. 

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 Mojave Desert Air Quality Management 

District.

References

1. MDAQMD Rule 1113, Architectural Coatings, as submitted on February 6, 2013. 

2. MDAQMD Rule 1113, Architectural Coatings, as approved into the SIP on 

January 2, 2004. 

3. “Issues Relating to VOC Regulation Cutpoints, 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