1143 - 1

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

RULE 1143. CO
SUMER PAI
T THI

ERS & MULTI-PURPOSE

SOLVE
TS

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

their VOC content.

(b) Applicability This rule is applicable to any person who supplies, sells, off ers for sale, or manufactures consumer paint thinners and multi-purpose solvents for sa le in the District, as well as any person who uses or solicits the use of any consumer paint thinner and multi-purpose solvent within the District.

(c) Definitions For the purpose of this rule, the following definitions shall apply: (1) ARTIST SOLVENTS/THINNERS are any liquid products that meet and are labeled to meet the requirements of ASTM D4236-94 (Reapproved 2005) Standard Practice for Labeling Art Materials for Chronic H ealth Hazards, which is incorporated by reference herein, and have been re fined to remove impurities for artistic use for the purpose of reduci ng the viscosity of, or removing, art coating compositions or components. Art ist Solvents/Thinners do not include commercial-grade solvents or thinners. (2) CONSUMER MULTI-PURPOSE SOLVENTS are any liquid produc ts designed or labeled to be used for dispersing or dissolving or rem oving contaminants or other organic materials for personal, family, household, or institutional use including but not limited to the following: (1) product s that do not display specific use instructions on the 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 reagents used in analytical, educational, research, scientific or other laboratories, (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 surfaces for painting. For th e purpose of this definition only, “Paint clean-up” means any liquid product labeled for cleaning oil-based or water-based paint, lacquer, va rnish, or related coatings from, but not limited to, painting equipment or tool s, plastics or metals. “Consumer Multi-purpose Solvents” do not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film clea ning machines, or solvents that are incorporated into, or used exclusively i n the manufacture or construction of, the goods or commodities at the site of the establishment. “Multi-purpose Solvents” also do not include any pr oducts making any representation that the product may be used as, or is suitable for use as a consumer product which qualifies under another definit ion 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 components for personal, family, household, or institutional use, including, but not limite d to, products that prominently display the term “Paint Thinner,” “L acquer Thinner,” “Thinner,” or “Reducer” on the front panel of its packaging. (4) DISTRIBUTOR means any person to whom consumer products are sold or supplied for the purposes of resale or distribution in commerc e, except that manufacturers, retailers, and consumers are not distributors. (5) EXEMPT COMPOUND is as defined in Rule 102. (6) FORMULATION DATA is the actual product recipe which ite mizes all the ingredients contained in a product including VOCs and the quantities thereof used by the manufacturer to create the product. Materia l Safety Data Sheets (MSDS) are not considered formulation data. (7) GRAMS OF VOC PER LITER OF MATERIAL is the weight of VOC per volume of material and can be calculated by the following 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, includi ng primers, sealers, undercoaters, intermediate coatings and topcoat s, 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 solutions (a queous 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 mixtures, or solutions; (C) repeated exposure to temperatures in excess of 250 degrees Fahrenheit; (D) repeated heavy abrasion, including mechanical wear and repea ted scrubbing with industrial solvents, cleaners, or scouring agents; or (E) exterior exposure of metal structures. (9) LACQUER THINNERS are solvents that are manufactured for the purpose of thinning, diluting, dissolving, and for clean-up of lacquer coatings. (10) MANUFACTURER means any person, company, firm, or establ ishment who imports, manufactures, blends, assembles, produces, packages, repackages, or re-labels a consumer paint thinner or multi-purpose sol vent. The manufacturers listed on the product’s label shall be primar ily responsible for compliance with applicable provisions of this r ule. If the label lists two or more manufacturers, they may mutually des ignate in writing a manufacturer responsible for compliance with 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, supplie r,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 governmental age ncy or public district or any other officer or employee thereof. “ Person” also means the United States or its agencies to the extent authoriz ed by Federal

law. (12) RESPONSIBLE PARTY for a corporation is a corporate offic er or an authorized representative so delegated by a corporate officer. D elegation of an authorized representative must be made in writing to t he Executive Officer. A responsible party for a partnership or sole prop rietorship 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, by written or oral contract

. (15) SOLVENTS include diluents and thinners and are defined as organi c materials which are liquids at standard conditions and which are use d as dissolvers, viscosity reducers or cleaning agents. (16) SOLVENT CLEANING is the removal of adhesives, inks, coatin gs, and contaminants which include, but are not limited to, dirt, soil, and greas e from parts, products, tools, machinery, equipment, and general work areas. (17) SOLVENT FLUSHING is the use of a solvent to remove adhesives , inks, coatings, or contaminants from the internal surfaces and passages of the equipment by inducing a rapid flow of solvent through 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 e xpressed as a percentage of the product weight or as a mass-based concent ration expressed in grams per liter of material (g/L) or pounds per gallon (lb/Gal).

(d) Requirements (1) Except as provided in paragraph (d)(2), no person shall sup ply, sell, offer for sale, manufacture, blend, package or repackage any consumer p aint thinner or multi-purpose solvent for use in the District unless the consumer paint thinner or multi-purpose solvent complies with the applicable VOC content limits set forth in the table below:Rule 1143 (Cont.) (Adopted March 6, 2009)(Amended June 4, 2010) (Amended July 9, 2010 ) (Amended December 3, 2010)

1143 - 5 CATEGORY EFFECTIVE 1/1/2010 EFFECTIVE

1/1/2011 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 solvent that is manufactured prior to the effective date of the applicable limi t specified in paragraph (d)(1), and that has a VOC content above that limit (but not above the limit in effect on the date of manufacture), may be sold, supplied, offered for sale, or used for up to one year after the specified effective date. (B) Consumer paint thinners manufactured prior to July 9, 2010 and labeled for more than one use including industrial maintenance coating thinning, may be sold, supplied, offered for 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 thinners or multi-purpos esolvents provided that the product was sold to an independent distributor that was informed in writing by the manufacturer about the compl iance status of the product in the District. (4) Any solvent container in which the contents therein are appli ed directly to a surface from said container by pouring, siphoning, brushing, roll ing, padding, rag application or other means, shall be closed when not in use. These solvent containers include, but shall not be limited to: drums, buckets, cans, pails, trays or other application containers. (5) General Prohibition No person shall supply, sell, offer for sale, manufacture, blend, p ackage, or repackage any consumer paint thinner or multi-purpose solvent f or use in the District subject to the provisions of this rule with any materials that contain in the excess of 0.1% by weight any Group II exempt c ompounds listed in Rule 102. Cyclic, branched, or linear, completely methy lated 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, manufacture, 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”, “Multi-purpose Solvent”, “Clean-up Solvent”, or “Paint Clean-up”. (2) Paragraph (e)(1) does not apply to products that meet any of the following

criteria: (A) Products which include an attached “hang tag” or sticker that displays, at a minimum, the following statement: “Formulated to meet low VOC limits: see warnings on label”. (B) Products which include an attached “hang tag” or sticker that displays, at a minimum, the following statement: “Formulated to meet low VOC limits with [the common name of the chemical compound (e.g., ‘Acetone’, ‘Methyl Acetate’, etc.) that results in the product meeting the criteria for ‘Flammable’ or ‘Extre mely Flammable’]”. (C) Products which include an attached “hang tag” as a second Principal Display Panel that displays, at a minimum, the fol lowing statement: “Formulated to meet low VOC limits” placed adja cent to and associated with the required Consumer Product Safety Commission (CPSC) warning. (D) Products where the Principal Display Panel displays, 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 require d CPSC warning. (E) Products where the Principal Display Panel displays, 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 compound (e.g., “Acetone,” “Methyl Acetate,” etc.) that results in the produc t meeting the criteria for “Flammable” or “Extremely Flammabl e.” (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 July 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 preclude the use of any additional labeling or notice for consumer education. (3) For the purposes of paragraphs (e)(1) and (e)(2) a product i s “Flammable” or “Extremely Flammable” if it is labeled as “Flamma ble” or “Extremely Flammable” on the product container, or if the product meets the c riteria for these specified in title 16, Code of Federal Regulations, sect ion 1500.3 (c)(6). (4) Each product container shall clearly display the VOC content as determined from the actual product formulation data. (5) The information required by paragraphs (e)(1) through (e)(3) sha ll be displayed on the product container such that it is readily obse rvable without removing or disassembling any portion of the product containe r or packaging. (6) No person shall remove, alter, conceal, or deface the inform ation 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 Exec utive Officer shall develop a public education and outreach program to inform consumers of potential product changes that use more flammable substances by jointly working with the local fire departments to include, but not be limited to: public service announcements in both Engli sh and Spanish to be aired on television and radio from October 2010 to January 2012; training retailers, including big box retailers at their corporate headquarters, in November 2010 about these potential changes so that they may alert their consumers; dissemination of 25,000 hardcopy brochures i n several languages from November 2010 to January 2012; alerts through Twitter, and placement of electronic brochures and Public Servic e Announcements (PSAs) on AQMD, CARB, YouTube, local fire department and local city websites from November 2010 to January 2012. The Executive Officer shall report the status of the public education and outreach program to the Stationary Source Committee in November 2010 and in November 2011. The Executive Officer may extend 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 distribution, of any consum er paint thinner or multi-purpose solvent subject to this rule 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 VOC content after any dilution as recommended by the manufacturer. (9) Point of sale containers, for sale or distribution, of any consum er paint thinner and multi-purpose solvent subject to this rule shall display the date of manufacture of the contents or a code indicating the date of manufacture. The manufacturers of such consumer paint thinners and multi-purpose solvents shall file with the Executive Officer a n explanation

of each code. (10) Any manufacturer that supplies consumer paint thinners and multi-purpos e solvents with intent to sell in the District shall submit an a pplication as specified by the Executive Officer to apply for a manufacture r identification (ID) number by the applicable date in subdivisi on (g). The application form shall be signed by the responsible party f or manufacturer certifying that all information submitted (including electronic submittals)

is true and correct. The Executive Officer shall be notified i n writing within 30 days of any change in the responsible party for the

manufacturer. (11) On or before May 1, 2010, and each subsequent January 1 thereafter, a ll manufacturers subject to this rule shall provide to the District a list of all their U.S. distributors to whom they supply products subject to thi s rule, including but not limited to private label and toll manufactured produ cts. The list shall be in a format determined by the Executive Of ficer and shall include the distributor’s name, address, contact person 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 Officer.

(f) Recordkeeping (1) Manufacturers shall maintain a copy of the application rec eipt from the District. The receipt shall be maintained for five (5) year s and made available upon request by the Executive Officer. (2) Manufacturers shall maintain records to verify data necessa ry to determine annual consumer paint thinner and multi-purpose solvent sales subject to this rule and VOC emissions in the District, and compliance with applicable rules and regulations. The records shall be maintai ned 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 Executive Off icer. Such

records shall include but not be limited to: (A) Product formulation records (to include VOC content):(i) Laboratory reports [including percent weight of nonvolatiles, water, and exempts (if applicable); density of t he product; and raw laboratory data] of test methods conducted as specified in paragraph (i)(1), or (ii) Product formulation data, including physical properties analyses, as applicable, with a VOC content calculation 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 both (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 solvent manufacturers that begin to manufacture, supply, sell or offer for sale consumer pai nt thinners and multi-purpose solvents subject to this rule and for use in the Di strict after July 1, 2009 shall submit the application required in paragra ph (e)(10) no later than thirty (30) calendar days prior to manufactur ing, supplying, selling, or offering for sale, any consumer paint t hinner 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 consumer paint thinner and multi-purpose solvent manufacturer shall submit the applicati on for a company ID number as required in paragraph (e)(10). That filing shall include the previous consumer paint thinner and multi-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 designa ted as exempt

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

(i) Test Methods For the purpose of this rule, the following test methods shall be used: (1) Determination of VOC Content The VOC content of materials subject to the provisions of this rule shall be determined by: (A) U.S. EPA Reference Test Method 24 (Determination of Volati le Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, Code of Federal Regulations Title 40, Part 60, Appendix A) with the exempt compound content determined by Method 303 (Determination of Exempt Compounds) in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; or (B) Method 304 [Determination of Volatile Organic Compounds (VOC) in Various Materials] in the SCAQMD "Laboratory 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 wit h no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine will be analyzed as exempt compounds for compliance with subdivision (d), only when manufacturers specify which 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 quantify 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 writi ng by the Executive Officer, CARB, and the U.S. EPA may also be used. (3) Multiple Test Methods When more than one test method or set of test methods are specif ied for any testing, a violation of any requirement of this rule establ ished by any one of the specified test methods or set of test methods 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 entities.

(j) Exemptions (1) The provisions of this rule shall not apply to: (A) Solvents sold in this District for shipment outside of this D istrict or for shipment to other manufacturers for repackaging. (2) Paragraph (d)(1) of this rule shall not apply to: (A) Solvents provided that they are labeled and designated exclusivel y for the clean-up of polyaspartic and polyurea coatings applic ation equipment. This exemption does not apply if there are any additional use claims on the label or any other product literatur e. 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 designated exclusive lyfor the thinning of Industrial Maintenance (IM) coatings, ZincRich IM Primers, and High Temperature IM Coatings. This exemption does not apply if there are any additional use claims on the label or any other product literature. This exemption 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, ar t coating compositions or components and are individually packaged in containers having a total capacity equal to or less 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 order to be inva lid, or invalid or inapplicable to any person or circumstance, such order shall not a ffect the validity of the remainder of this rule, or the validity or applicability 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 or circumstances covered by the exception shall instead be required to comply with the remainder of this rule

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