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- 1 (Adopted March 6, 2009) (Amended July 9, 2010)

RULE 1143. CONSUMER PAINT THINNERS & MULTI

- PURPOSE

SOLVENTS
(a) Purpose The purpose of this rule is to reduce emissions of volatile organic compounds (VOCs) from the use, storage and disposal of consumer pa int thinners and multi

purpose solvents commonly used in thinning of coating materials, cleaning 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, offers for sale, or manufactures consumer paint thinners and multi

- purpose solvents for sale 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 Distric t.
(c) Definitions For the purpose of this rule, the following definitions shall apply: ( 1 ) CONSUMER MULTI

- PURPOSE SOLVENTS are any liquid product s designed or labeled to be used for dispersing or dissolving or removing contaminants or other organic materi als for personal

, family

, household , or institutional use including but not limited to the following: (1) products 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” products, and (5) products la beled to prepare surfaces for painting. For the purpose of this definition only, “Paint clean

- up” means any liquid product labeled for cleaning oil

- based or water

- based paint, lacquer, varnish, or related coatings from, but not limited to, painting equipm ent or tools, plastics or metals

.
“Consumer M ulti

- purpose S olvent s” do not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in theRule 1143 (Cont.) (Amended July9, 2010)

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- 2 manuf acture or construction of, the goods or commodities at the site of the
establishment. “ Multi

- purpose S olvent s” also do not include any product s making any representation that the product may be used as, or is suitable
for use as a consumer product which q ualifies under another definition in
Cal ifornia Code of Reg ulation s T it le 17, § 94508 as of the date of adoption

. (2) 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 limited to, products that prominently display the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer” on the front panel of its packaging

. (3) DISTRIBUTOR means any person to whom consumer products are sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. (4) EXEMPT COMPOUND is as defined in Rule 102. (5) FORMULATION DATA is the actual product recipe which itemizes all the ingredients contained in a product including VOCs and the quantities thereof used by the manufacturer to create the product. Material Safety Data Sheets (MSDS) are not considered formulation data. (6) GRAMS OF VOC PER LITER OF MATE RIAL is the weight of VOC per volume of material and can be calculated by the following equation:

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 (7) INDUSTRIAL MAINTENAN CE COATINGS are coatings, including primers, sealers, undercoaters, intermediate coatings and topcoats, formulated for or applied to substrates, including floors tha t are exposed to one or more of the following extreme environmental conditions:Rule 1143 (Cont.) (Amended July9, 2010)

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- 3 (A) immersion in water, wastewater, or chemical solutions (aqueous
and non

- aqueous solutions), or chronic exposure of interior surfaces to moisture condensation; (B) acute or c hronic 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 repeated scrubbing with industrial solvents, cleaners, or scouring agents; or (E) exterior exposure of metal structures. (8) LACQUER THINNERS are solvents that are manufactured for the purpose of thinning, diluting, dissolving, and for clean

- up of lac quer coatings. (9) MANUFACTURER means any person, company, firm, or establishment who imports, manufactures, blends, assembles, produces, packages, repackages, or re

- labels a consumer paint thinner or multi

- purpose solvent

. The manufacturers listed on the product‟s label shall be primarily responsible for compliance with applicable provisions of this Rule. If the label lists two or more manufacturers, they may mutually designate in writing a manufacturer responsible for compliance with this rule. That

wr iting shall be filed with the Executive Officer. (10) PERSON means any individual, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local governmental agency or public district or any other officer or employee thereof. PERSON also means the United States or its agencies to the extent authorized by Federal
law. (11) RESPONSIBLE PARTY for a corporation is a corporate officer or an authorized representative so d elegated by a corporate officer. Delegation of an authorized representative must be made in writing to the Executive Officer. A responsible party for a partnership or sole proprietorship is the general partner or proprietor, respectively. (12) RETAIL OUTLE T means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers. (13) SOLICIT is to require for use or to specify, by written or oral contract.Rule 1143 (Cont.) (Amended July9, 2010)

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- 4 (14) SOLVENTS include diluents and thinners and are defined a s organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents

. (15) SOLVENT CLEANING is the removal of adhesives, inks, coatings, and contaminants which include, but are not limited to, dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas. (16) SOLVENT FLUSHING is the use of a solvent to remove adhesives, inks, coatings, or contaminants from the internal surfaces and passages of the equipment b y inducing a rapid flow of solvent through the equipment. (17) VOC (VOLATILE ORGANIC COMPOUND) is as defined in Rule 102. (18) VOC CONTENT means the total weight of VOC in a product expressed 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 supply, sell, offer for sale, manufacture, blend, package or repackage any consumer paint
thin ner 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:

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 Multi

Purpose 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 th e implementation date, 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 maintenanceRule 1143 (Cont.) (Amended July9, 2010)

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- 5 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

- purpose

solvents provided that the product was sold to an independent distributor that was informed in writing by the manufacturer about the compliance status of the product in the District. (4) Any solvent container in which the contents therein are applied directly to
a surface from said container by pouring, siphoning, brushing, rolling, 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, package, or repackage any consumer paint thinner or multi

- purpose solvent for use in the District subject to the provisions of this rule with any material s that contain in the excess of 0.1% by weight any Group II exempt compounds listed in Rule 102. Cyclic, branched, or linear, completely methylated siloxanes (VMS) are not subject to this prohibition.

(e) Administrative Requirements (1) No person shall se ll, supply, offer for sale, manufacture, blend, package,

o r 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 inRule 1143 (Cont.) (Amended July9, 2010)

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- 6 the product meeting the criteria for „Flammable‟ or „Extremely Flammable‟]”. (C) Products which include an attached “hang tag” as a second Principal Display Panel that displays, at a minimum, the fo llowing statement: “Formulated to meet low VOC limits” placed adjacent 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 tha n, 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 required 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 product meeting the criteria for “Flammable” or “Extremely Flammable .” (F) Products that meet the labeling requirements of the CARB Consumer Product Regulation specified in title 17, CC R, section 94512(e) as adopted. (G) Products that are manufactured on or before July 9, 2010. None of the above labeling or notice requirem ents 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 is “Flammable” or “Extremely Flammable” if it is labeled as “Flammable” or “Extremely Flammable” on the produc t container, or if the product meets the criteria for these specified in title 16, Code of Federal Regulations, section 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) shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. (6) No person shall remove, alter, conceal, or deface the information required by paragraphs (e)(1) through (e)(3) prior to final sale of the product.Rule 1143 (Cont.) (Amended July9, 2010)

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- 7 (7) In conjunction with the changes in VOC content limits, the Executive Officer shall develop a public education and outreach progr am 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 English 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 in several languages from November 2010 to January 2012; alerts through Twitter, and placement of electronic brochures and Public Service Announcements (PSAs) on AQMD, CARB, YouTube, local fire department and local city websites from November 2010 to Janu ary 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 beyo nd January 2012, if he determines
that additional consumer education is needed. (8) Point of sale containers, for sale or distribution, of any consumer paint
thinner or multi

- purpose solvent subject to this rule shall display the maximum VOC content, as su pplied, and the maximum VOC content after any dilution as recommended by the manufacturer. (9) Point of sale containers, for sale or distribution, of any consumer paint
thinner and multi

- purpose solvent subject to this rule shall display the date
of manufa cture 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 an explanation
of each code. (10) Any manufacturer that supplies consume r paint thinners and multi

- purpose solvents with intent to sell in the District shall submit an application as specified by the Executive Officer to apply for a manufacturer identification (ID) number by the applicable date in subdivision (g). The applica tion form shall be signed by the responsible party for manufacturer certifying that all information submitted (including electronic submittals) is true and correct. The Executive Officer shall be notified in writingRule 1143 (Cont.) (Amended July9, 2010)

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- 8 within 30 days of any change in the res ponsible party for the
manufacturer. (11) On or before May 1, 2010, and each subsequent January 1 thereafter, all 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 this rule, including but not limited to private label and toll manufactured products. The list shall be in a format determined by the Executive Officer and shall include the distributor‟s name, address, contact person and phone number. (12) Effective Apr il 1, 2010, each manufacturer shall, on or before April 1 of each subsequent calendar year, submit an annual quantity and emissions report to the Executive Officer.
(f) Recordkeeping (1) Manufacturers shall maintain a copy of the application receipt from t he District. The receipt shall be maintained for five (5) years and made available upon request by the Executive Officer. (2) Manufacturers shall maintain records to verify data necessary to determine
annual consumer paint thinner and multi

- purpose solven t sales subject to this rule and VOC emissions in the District, and compliance with applicable rules and regulations. The records shall be maintained for five (5) years and made available upon request by the Executive Officer. Such
records shall include but not be limited to: (A) Product formulation records (to include VOC content): (i) Laboratory reports [including percent weight of non

volatiles, water, and exempts (if applicable); density of the product ; and raw laboratory data] of test methods
conducted a s 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 weigh t and volume; and (C) Distribution records: (i) Customer lists or store distribution lists or both (as applicable) andRule 1143 (Cont.) (Amended July9, 2010)

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- 9 (ii) Shipping manifests or bills of lading or both (as applicable); and (D) Sales records consisting of point of sale receipts or invoices to
loc al 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 paint thinners
and multi

- purpose solvents subject to this rul e and for use in the District after July 1, 2009 shall submit the application required in paragraph (e)(10) no later than thirty (30) calendar days prior to manufacturing, supplying, selling, or offering for sale, any consumer paint thinner and
multi

- purpo se 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 s ubmit the application 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.

(h) Information exempt from Disclosure
Information submitted to the Executive Officer may be designated 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 Volatile Matter Content, Water Content, Density, Volume Soli ds, 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 Enforcemen t Samples" manual; orRule 1143 (Cont.) (Amended July9, 2010)

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- 10 (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 compo unds: cyclic, branched, or linear, completely fluorinated alkanes cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
sulfur

- contai ning 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 formu lations. 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. (2) Equivalent Test Methods Other test methods determined to be equivalent upon a pproval in writing 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 specified for any testing, a violation of any requirement of this rule established 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 District or for shipment to other manufacturers for repackaging. (B) Solvents provided that they are labeled and designated exclusively
for the clean

- up of polyaspartic and polyurea coatings application equipment. This exemption does not apply if there are anyRule 1143 (Cont.) (Amended July9, 2010)

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- 11 additional use claims on the label or any other product literature. This exemption does not apply to any person selling or using the

o therwise exempt solvent for a non

- exempt purpose. (C) Thinners provided that they are labeled and designated exclusively for the thinning of Industrial Maintenance (IM) coatings, Zinc

Rich 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.
(k) Severability If any provision of this ru le is held by judicial order to be invalid, or invalid or inapplicable to any person or circumstance, such order shall not affect the validity of the remainder of this rule, or the validity or applicability of such provision to other persons or circumstanc es. 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.