UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA’s Proposed Rulemaking

for the

California State Implementation Plan

San Joaquin Valley Unified Air Pollution Control District, Rule 4601, Architectural Coatings

Prepared by: David Grounds

Reviewed by: Andrew Steckel

April 12 , 2011RULE IDENTIFICATION

Agency: San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

SIP Approved Rule: Rule 4601

– Architectural Coatings

Adopted

– October 31, 2001
Submitted

– March 15, 2002 EPA Approved

– January 2, 2004 (69 FR 34)

Subject of this TSD: Rule 4601

– Architectural Coatings

Adopted

– December 17, 2009
Submitted

– May 17, 2010

RULE SUMMARY

- SJVUAPCD Rule 4601, A rchitectural Coatings is a rule designed to limit volatile organic compound (VOC) emissions during architectural coating, storage and clean

- up operations. The rule applies to any person who supplies, sells, offers for sale, applies, or solicits the applica tion of any architectural coating, or who manufactures or blends or repackages an architectural coating for use in the District. Architectural coatings are coatings that are applied to stationary structures and their accessories. They include house paints, stains, industrial maintenance coatings, traffic coatings, and many other products. VOCs are emitted from the coatings during application and from the associated solvents used for thinning and clean

- up.

Rule 4601 has been revised to match the “Suggested Control Measure for Architectural Coatings” (SCM) approved by California Air Resources Board (CARB) in 2007. The SCM is a model rule which seeks to provide statewide consistency for the regulation of architectural coatings. The SCM was developed for districts that need additional emission reductions for the attainment or maintenance of state or federal ambient air quality standards. C ARB amended the SCM to lower the VOC limits, improve definitions for coatings, and to promot e consistency and uniformity among district rules.

T his rule revision would amend Rule 4601 to implement the emission control requirements
listed in the SJVUAPCD 2007 Ozone Plan and requirements in the SCM for architectural coatings. According to the 2007 Ozone Plan, total VOC emissions from sources subject to Rule 4601 are estimated to be 9.7 tons per day (tpd) in 2012. The total VOC emission reductions associated with amendments to rule language is expected to be 2.8 tpd by 2012.

There is no Control T echnique Guidelines (CTG), Alternative Control Technology (ACT), or
Standards of Performance for N ew Stationary Sources (NSPS) for this source category.Additionally, t here is no National Emission Standards for Hazardous Air Pollutants (NESHAP) or

Maximum Achievable Control Technologies (MACT) for this source category.

SJVUAPCD regulates an extreme 8

- hour ozone non

- attainment area, and SJVUAPCD designed Rule 4601 partly to address the requirements for ozone non

- attainment areas as described in
Clean Air Ac t (CAA) section 182(e).

Changes from the approved SIP rule include the following to more closely follow the CARB SCM : Numerous definitions have been added, deleted or modified

. Added a reporting requirement for any architectural coating that is sold with a volume
of one liter or less

. Eliminated and added several coating categories

. Coatings meeting the definition of eliminated categories will be subject to the VOC limit for the applicable category in the Table of Standards 2, except as provided in Section 5.2 (Most Restrictive VOC). Therefore, eliminated coatings do not represent SIP relaxation. Updated Table of Standard for coating VOC content limits

. Updated reporting requirements

. Expanded section for T est M ethods

. Deleted A veraging C ompliance O ption

.

EPA EVALUATION CRITERIA

–

1. Enforceability

– Section 110(a)(2)(A) of the CAA requires that regulations submitted to EPA for incorporation into the SIP must be clear and legally enforceable.

2. Stringency

– SJVUAPCD regulates an ozone nonattainment area (see 40 CFR 81). However, because Rule 4601 regulates sources that are not covered by a CTG and that

are non

- major area sources 1 , it is not subject to Reasonably Available Control Technology ( RACT ) requiremen ts in CAA Section 182(b)(2) . While it appears RACT is not required, we have compared Rule 4601 against analogous rules in other areas and relevant national guidance including EPA’s Control Technique Guidelines (CTG) titled, “Industrial Cleaning Solvents” (EPA

- 453/R

- 06

- 001, 9/06) ; “Control of Volatile Organic Emissions from Existing Stationary Sources, Volume I: Control Methods for Surface Coating Operations” (EPA

- 450/2

- 76

- 028, 11/76 ); and EPA’s national rule for architectural coating manufacturers, “Nation al VOC Emission Standards for Architectural Coatings” (40 CFR 59, Subpart D, 9/11/98).

1 Confirmed via telephone conversation of February 9, 2011 with Sandra Lowe

- Leseth (SJVUAPCD).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.

EPA EVALUATION

– The submitted SJVUAPCD Rule 4601 is more stringent than the approved SIP, largely because of the expanded sections for test methods and reporting requirement details. The current SIP submittal generally contains sufficient testing and recordke eping requirements to satisfy enforcement requirements. W hile RACT is not required for this source category, we believe that Rule 4601 is adequately stringent , particularly with respect to EPA’s
national rule.

RULE DEFICIENCIES

– We have identified no deficiencies with Rule 424 sufficient for EPA to

propose less than full approval.

RECOMMENDATIONS

- The following revision is not currently the basis for rule disapproval, but
is recommended for the next time the rule is amended.

We r ecommend adding a ‘ S everability ’ section similar to CARB’s 2007 SCM

.

EPA ACTION

– Rule 4601 largely fulfills the relevant CAA §110 and part D requirements. EPA staff recommends full approval of Rule 4601 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

-
SJVUAPCD Rule 4601, Architectural Coatings, Approved January 2, 2004.

SJVUAPCD Rule 4601, Architectural Coatings, Amended December 17, 2009. SJVUAPCD Final Staff Report, December 17, 2009. “Suggested Control Measure for Architectural Coatings”, 2007. EPA Rule Review Comments, September 29, 2009