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 20162 RULE IDENTIFICATION

-

Agency San Diego County Air Pollution Control District (SD C APCD)

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

– SD C APCD 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) fo r a rch itectural 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 Rule 67.0.1 replaces repealed

SD C APCD 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 , i t ha s 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 rule s are curren tly SI P 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

- SD C APCD 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 SD C APCD to Air Pollution Control Bo a rd

SD C APCD, Jun e 24, 2015.3 offered for sale or manufactured for use within the SD C APCD

. Architectural coatings are applied to stationary structures and their a ppurtenances . 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 “ s ell

- t hrough” of coatings that were manufactured before January 1, 2016 and complied with R ule 67.0 , the predecessor

rule to Rule 67.0.1

. Those coatings c an 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 St ate 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

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

mod ification 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.4 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 R ule

67.0.1 consistently. Therefore, we determine that rule 67.0.1 adequately fulfil l s 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. T herefore

, 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 CA A §110 and part D requirements. Therefore, EPA staff recommends approval of Rule 67.0.1 pursuant to CAA § §110(k)(3) and §301(a).5 REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) E PA 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 D

National Volatile Organic Compoun d Emission Standards for Architectural Coatings (40 CFR §59.400).

4. SD C APCD 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. L etter from Robert J. Kard, Air Pollution Control Officer of the SD C APCD

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

7. SD C APCD Rule 67.0.1, “Architectural Coatings,” adopted June 24, 2015

.