UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Rulemaking

for the

California State Implementation Plan

San Diego County Air Pollution Control District Rule 67.0.1

Architectural Coatings 

Prepared by: Arnold Lazarus

Reviewed by: Andrew Steckel

July 2016
2

RULE IDENTIFICATION -

Agency San Diego County Air Pollution Control District (SDCAPCD)

Subject of this 

TSD

Rule 67.0.1, Architectural Coatings

Adopted – June 24, 2015

Submitted – November 13, 2015

Completeness 

Finding Determination of Completeness Letter: January 19, 2016.

BACKGROUND – SDCAPCD regulates air quality in San Diego County, which is 

classified as a “moderate” nonattainment area for the 2008 8-hour ozone National 

Ambient Air Quality Standard (NAAQS).1 The Clean Air Act (CAA) requires that for 

areas classified as moderate nonattainment or greater, the State must submit provisions 

to the State Implementation Plan (SIP) to require implementation of reasonably 

available control technology (RACT) (see section 182(b)(2)). There is no Control 

Techniques Guidance (CTG) for architectural coatings, and architectural coatings are 

considered to be “area sources,” not major sources, and therefore RACT requirements 

do not apply to the rule. There are, however, national VOC content limits for AC that 

apply largely to coating manufacturers, importers and purveyors. These limits are 

described in Code of Federal Regulations (CFR), Title 40, Part 59.400, Subpart D -

National Volatile Organic Compound Emission Standards for Architectural Coatings (40 

CFR §59.400).

Rule 67.0.1 is a new rule designed to align with the 2007 California Air Resources 

Board’s (CARB) “Suggested Control Measure for Architectural Coating” (SCM). The 

SCM is a model rule designed to provide state-wide consistency in the regulation of 

volatile organic compounds (VOCs) emitted from AC. Rule 67.0.1 replaces repealed 

SDCAPCD Rule 67.0 “Architectural Coatings.” The replacement rule has VOC content 

limits that are equal or lower than those of the rule it is replacing.

Proposed new Rule 67.0.1 applies to manufacturers, suppliers, distributors, sellers and 

users of architectural coatings. While it is based on CARB’s 2007 SCM, it has a different 

heading and numbering system than the SCM.

According to CARB, thirteen California air districts have adopted the 2007 SCM 

requirements, and eight of those district rules are currently SIP approved.

2 According to

Robert J. Kard, air pollution control officer for SDCAPCD, Rule 67.0.1 will reduce VOC 

emissions from architectural coating in San Diego County by approximately 32%, or 840 

tons per year.3

RULE SUMMARY - SDCAPCD Rule 67.0.1 controls VOC emissions from architectural 

coating by establishing VOC limits on any architectural coating that is supplied, sold, 

 1 40 CFR 81.305. 2 http://www.arb.ca.gov/coatings/arch/meetings/schedule2007.htm. 3 Letter, Robert J. Kard, Air Pollution Control Officer of SDCAPCD to Air Pollution Control Board

SDCAPCD, June 24, 2015.
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offered for sale or manufactured for use within the SDCAPCD. Architectural coatings 

are applied to stationary structures and their appurtenances. They include house paints, 

stains, industrial maintenance coatings, traffic coatings, and many other products. 

VOCs are emitted from the coatings during application, curing, and from the associated 

solvents used for thinning and clean-up.

Rule 67.0.1 has provided for a three year “sell-through” of coatings that were 

manufactured before January 1, 2016 and complied with Rule 67.0, the predecessor 

rule to Rule 67.0.1. Those coatings can be sold, supplied or offered for sale for up to 

three years after January 1, 2016. Such coatings may also be applied at any time 

before or after January 1, 2016.

EVALUATION CRITERIA - 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), the Little Bluebook (Guidance 

Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 

9, August 21, 2001), and State Implementation Plans, General Preamble for the 

Implementation of Title I of the Clean Air Amendments of 1990 (57 FR 13498, 

April 16, 1992) were used to help evaluate compliance with the CAA 

§110(a)(2)(A) requirement for enforceability.

2. Rule Stringency - The district has no obligation to satisfy RACT for this rule as 

discussed above. Nonetheless, we have evaluated the rule for RACT-level 

controls as well as against EPA’s National Volatile Organic Compound Emission 

Standard for AC (40 CFR Part 59 Subpart D), and CARB’s SCM for AC, which is 

the basis for the most stringent architectural coating requirements in California. 

3. SIP Relaxation - Where previous versions of rules have been SIP approved, 

new submittals must comply with CAA §110(l) and §193 regarding SIP 

relaxations. CAA §110(l) prohibits EPA from approving any SIP revisions that 

would interfere with any applicable requirement concerning attainment and 

reasonable further progress (RFP). In addition, CAA §193 prohibits the 

modification of any SIP approved control requirement in effect before November 

15, 1990, in a nonattainment area. 

In addition to the documents mentioned above, in applying these criteria to the 

submitted rule, we also referred to the following guidance and policy document:

1. Final Rule To Implement the 8-Hour Ozone NAAQS – Phase 2, 70 FR 71612 

(Nov. 25, 2005).

EPA EVALUATION - A summary of our evaluation of the three criteria follows.
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1. Enforceability - The rule requirements and applicability are clear, and the 

monitoring, recordkeeping, reporting and other provisions sufficiently ensure that 

affected sources and regulators can evaluate and determine compliance with Rule 

67.0.1 consistently. Therefore, we determine that rule 67.0.1 adequately fulfills the

enforceability requirements summarized in paragraph #1 of “Evaluation Criteria.”

2. Rule Stringency – Rule 67.0.1 is as stringent as the SCM and more stringent 

than 40 CFR Part 59 Subpart D. Therefore, we determine that it implements 

RACT-level controls.

3. SIP Relaxation - The SIP is strengthened by the alignment of Rule 67.0.1 to 

CARB’s SCM. We propose to determine that our approval of the submittal would 

comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would 

not interfere with the on-going process for ensuring that requirements for RFP 

and attainment of the NAAQS are met, and (2) the emission limits in the 

submitted rule are more stringent than the existing SIP-approved control

requirements that they would replace.

RULE DEFICIENCIES - We find no deficiencies with Rule 67.0.1 to preclude a full 

approval of Rule 67.0.1.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - The 

following revision is not currently the basis for rule disapproval, but is recommended for 

the next time the rule is amended.

To prevent the practice of “bundling” small containers with high VOC coatings, we 

recommend revising paragraph (b)(4) as follows:

Any architectural coating sold in a container with a volume of one liter (1.057 

quart or less, provided that:

(A) sales data of such coatings are submitted in accordance with the 

requirements of Subsection (f)(1), upon request of the Executive Officer of 

CARB or San Diego County Air Pollution Control Officer;

(B) The container is not bundled together to be sold as a unit that exceeds one

liter, excluding containers packed together for shipping to a retail outlet; 

and

(C)The label or any other product literature does not suggest combining

multiple containers so that the combination exceeds one liter.

EPA ACTION

The submitted Rule 67.0.1 strengthens the SIP, and the associated District staff report 

projects it will reduce VOC emissions by approximately 32% or 840 tons per year. The 

rule fulfills the relevant CAA §110 and part D requirements. Therefore, EPA staff 

recommends approval of Rule 67.0.1 pursuant to CAA §§110(k)(3) and §301(a). 
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REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.

2. “Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.

3. Code of Federal Regulations (CFR), Title 40, Part 59.400, Subpart DNational Volatile Organic Compound Emission Standards for Architectural 

Coatings (40 CFR §59.400).

4. SDCAPCD Rule 67.0 “Architectural Coatings” adopted on December 12, 

2001, submitted on March 7, 2003 and approved into the SIP on June 20,

2013 (78 FR 37130).

5. “Suggested Control Measure for Architectural Coatings,” CARB, October 

2007. 

6. Letter from Robert J. Kard, Air Pollution Control Officer of the SDCAPCD,

to the San Diego Air Pollution Control Board, June 24, 2015.

7. SDCAPCD Rule 67.0.1, “Architectural Coatings,” adopted June 24, 2015.