KERN COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 410.1 - ARCHITECTURAL COATINGS
(Adopted 4/18/72, Amended 5/16/78, 1/9/79, 1/28/83, 5/6/91, 3/7/96, 5/1/97)

I. Applicability

This Rule is applicable to any person who supplies, sells, offers for sale, applies or solicits the application of any architectural coating, or who manufactures any architectural coating for use within the District.

II. Definitions

A. Appurtenances: accessories to an architectural structure, including, but not limited to; hand railings, cabinets, bathroom and kitchen fixtures, fences, rain gutters and down-spouts, window screens, lamp posts, heating and air conditioning equipment, other mechanical equipment, large fixed stationary tools and concrete forms.

B. Architectural Coatings: coatings applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

C. Below Ground Wood Preservatives: coatings formulated to protect below-ground wood from decay or insect attack and which contain a wood preservative chemical registered by the California Department of Food and Agriculture.

D. Bituminous Coatings: black or brownish coating materials which are soluble in carbon disulfide, which consist mainly of hydrocarbons, and which are obtained from natural deposits or as residues from the distillation of crude oil or of low grades of coal.

E. Bond Breakers: coatings applied between layers of concrete to prevent the freshly poured top layer of concrete from bonding to the layer over which it is poured.

F. Clear Wood Finishes: clear and semi-transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film.

G. Concrete Curing Compounds: coatings applied to freshly poured concrete to retard the evaporation of water.

H. Dry Fog Coatings (Mill White Coatings): coatings formulated only for spray application such that over spray droplets dry before subsequent contact with other surfaces.

I. Enamel Undercoaters: coatings which are designed to be applied to a new surface over a primer or over a previous coat of paint in order to improve the seal, provide better adhesion and make a smoother base for non-flat coatings.

J. Exempt Compounds: compounds identified as exempt under the definition of Volatile Organic Compounds, Rule 102, Subsection L.

K. Fire Retardant Coatings: coatings which have a flame spread index of less than 25 when tested in accordance with ASTM Designation E-84-87, "Standard Test Method for Surface Burning Characteristics of Building Material", after application to Douglas Fir according to the manufacturer's recommendations.

L. Form-Release Compounds: coatings applied to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal, or any material other than concrete.

M. Graphic Arts Coatings (Sign Paints): coatings formulated for and hand-applied by artists using brush or roller techniques to indoor and outdoor signs (excluding structural components) and murals, including lettering enamels, poster colors, copy blockers, and bulletin enamels.

N. High-Temperature Industrial Maintenance Coatings: industrial maintenance coatings formulated for and applied to substrates exposed continuously or intermittently to temperatures above 400°F.

O. Industrial Maintenance Anti-Graffiti Coatings: two-component clear industrial maintenance coatings formulated for application to exterior walls and murals to resist repeated scrubbing and exposure to harsh solvents.

P. Industrial Maintenance Coatings: high performance coating formulated for and applied to substrates in that are exposed to one or more of the following extreme environmental conditions:

  1. immersion in water, wastewater, or chemical solution (aqueous and non-aqueous solutions), or chronic exposure of interior surface to moisture condensation;

  2. acute or chronic exposure to corrosive, caustic or acidic agents, or to chemicals, chemical fumes, chemical mixtures solutions;

  3. repeated exposure to temperatures in excess of 250°F;

  4. repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial solvents, cleansers, or scouring agents; or

  5. exterior exposure of metal structures.

Q. Lacquers: clear wood finishes or pigmented coatings formulated with nitrocellulose or synthetic resins to dry by evaporation without chemical reaction, including clear lacquer sanding sealers.

R. Magnesite Cement Coatings: coatings formulated for and applied to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

S. Mastic Texture Coatings: coatings formulated to cover holes and minor cracks and to conceal surface irregularities, and applied in a thickness of at least 10 mils (dry, single coat).

T. Metallic Pigmented Coatings: coatings containing at least 0.4 pounds of metallic pigment per gallon of coating as applied.

U. Multi-Colored Coatings: coatings which exhibit more than one color when applied and which are packaged in a single container and applied in a single coat.

V. Opaque Stains: all stains that are not classified as semi-transparent stains.

W. Opaque Wood Preservatives: all wood preservatives not classified as clear or semi-transparent wood preservatives or as below-ground wood preservatives.

X. Pre-Treatment Wash Primers: coatings which contain a minimum of 1/2% acid by weight, applied directly to bare metal surfaces to provide necessary surface etching.

Y. Primers: coatings formulated and applied to substrates to provide a firm bond between the substrate and subsequent coatings.

Z. Quick Dry Enamels: Non-Flat coatings which comply with the following:

  1. Shall be capable of being applied directly from the container by brush or roller when the ambient temperature is between 60°F and 80°F.

  2. When tested in accordance with ASTM D 1640 they shall: set to touch in two hours or less, dry hard in eight hours or less, and be tack free in four hours or less by the mechanical method test.

  3. Shall have a 60° dried film gloss of no less than 70.

AA. Quick Dry Primers and Sealers: primers, sealers and undercoaters which are intended to be applied to a surface to provide a firm bond between the substrate and subsequent coats and which are dry to the touch in one-half hour and can be recoated in two hours. (ASTM 1640)

BB. Residential Use: use in areas where people reside or lodge including, but not limited to single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels, and hotels.

CC. Roof Coatings: coatings formulated for application to exterior roofs for the primary purpose of preventing penetration of the substrate by water, or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings which qualify as metallic pigmented coatings shall not be considered to be in this category, but shall be considered to be in the metallic pigmented coatings category.

DD. Sanding Sealers: clear wood coatings formulated for and applied to bare wood to prepare it for sanding and to seal the wood for subsequent application of varnish. To be considered a sanding sealer, a coating must be clearly labelled as such.

EE. Sealers: coatings formulated for and applied to a substrate to prevent subsequent coatings from be adsorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

FF. Semi-Transparent Stains: coatings formulated to change the color of a surface but not conceal the surface.

GG. Semi-Transparent Wood Preservatives: wood preservative stains formulated and used to protect exposed wood from decay or insect attack by the addition of a wood preservative chemical registered by the California Department of Food and Agriculture, which change the color of a surface but do not conceal the surface, including clear wood preservatives.

HH. Shellacs: clear or pigmented coatings formulated solely with the resinous secretions of the lac beetle (laccifer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

II. Solicit: to require for use or to specify, by written or oral contract.

JJ. Specialty Flat Products: self priming flat products used only to perform one of the following functions: repair fire; smoke or water damage; neutralize odors; block stains; or coat acoustical materials without affecting their acoustical abilities.

KK. Swimming Pool Coatings: coatings formulated for and used to coat the interior of swimming pools and to resist swimming pool chemicals.

LL. Swimming Pool Repair Coatings: chlorinated rubber based coatings used for the repair and maintenance of swimming pools over existing chlorinated rubber based coatings.

MM. Tile-Like Glaze Coatings: coatings which are formulated to provide a tough, extra-durable coating system, which are applied as a continuous (seamless) highbuild film and which cure to a hard glaze finish.

NN. Traffic Coatings: coatings formulated for and applied to public streets, highways, and other surfaces including, but not limited to curbs, berms, driveways, and parking lots.

OO. Undercoaters: coatings formulated and applied to substrates to provide a smooth surface for subsequent coats.

PP. Varnishes: clear wood finishes formulated with various resins to dry by chemical reaction or exposure to air.

QQ. Volatile Organic Compound (VOC): any compound containing at least one atom of carbon except for compounds exempted by Rule 102, Subsection L.

RR. Waterproofing Mastic Coatings: weatherproof and waterproof coatings which are formulated to cover holes and minor cracks and to conceal surface irregularities, and which are to be applied in thickness of at least 15 mils.

SS. Waterproofing Sealers: colorless coatings which are formulated and applied for the sole purpose of protecting porous substrates by preventing the penetration of water and which do not alter surface appearance or texture.

III. Exemptions

The provisions of this Rule shall not apply to:

A. Architectural coatings manufactured for use outside the District or for shipment to other manufacturers for repackaging.

B. Architectural coatings supplied in and applied from containers having capacities of one liter (1.1 quarts) or less.

C. Architectural coatings sold in non-refillable aerosol containers having capacities of one liter (1.1 quarts) or less.

D. Architectural coatings recommended by the manufacturer for use solely as emulsion-type bituminous pavement sealers.

IV. Requirements

A. Except as provided in Subsections IV.B and IV.C, no person shall supply, sell, solicit, offer for sale, or apply any architectural coating which, at the time of sale or manufacture, contains more than 250 grams of volatile organic compounds per liter of coating (less water and exempt compounds, and excluding any colorant added to tint bases), or manufacture, blend, or repackage such a coating for use within the District.

B. Specialty Coating Limitations: Except as provided in Subsection IV.C, no person shall sell, solicit, offer for sale, or apply any architectural coating listed in the Table of Standards, nor manufacture, blend, or repackage such coating for use within the District, which contains volatile organic compounds (less water and exempt compounds, excluding any colorant added to tint bases) in excess of the specified limits.

TABLE OF STANDARDS

(grams of VOC per liter of coating as applied, less water and exempt compounds, excluding any colorant added to tint bases.)
Below-Ground Wood Preservatives 350
Bond Breakers 350
Clear Wood Finishes:
Lacquer 680
Sanding Sealers 350
Varnish 350
Concrete Curing Compounds 350
Dry Fog Coatings 400
Enamel Undercoaters 350
Fire-Retardant Coatings:
Clear 650
Pigmented 350
Form-Release Compounds 250
Graphic Arts (Sign) Coatings 500
Industrial Maintenance Coatings:
Anti-Graffiti Coatings 420
High Temperature Industrial 420
Other 420
Magnesite Cement Coatings 450
Mastic Texture Coatings 300
Metallic Pigmented Coatings 500
Multi-Color Coatings 420
Opaque Stains 350
Opaque Wood Preservatives 350
Pre-Treatment Wash Primers 420
Primers Sealers & Undercoaters 350
Quick Dry Enamels 400
Quick Dry Primers & Sealers 450
Roof Coatings 300
Semi-Transparent Stains 350
Semi-Transparent and Clear Wood Preservatives 350
Shellac:
Clear 730
Pigmented 550
Specialty Flat Products 400
Swimming Pool Coatings 340
Swimming Pool Repair and Maintenance Coatings 600
Traffic Paints:
Public Streets & Highways 250
Other Surfaces 250
Black Traffic Coatings 250
Waterproofing Mastic Coatings 300
Waterproofing Sealers 400

C. Special Coating Purpose: If anywhere on the container of any coating listed on the Subsection IV.B, on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the coating may be used or is suitable for use as a coating for which a lower VOC standard is specified in the Table or in Subsection IV.A or IV.B, then the lowest VOC standard shall apply. This requirement does not apply to the representation of the following coatings in the manner specified:

  1. High-Temperature Industrial Maintenance Coatings, which may be represented as metallic pigmented coatings for use consistent with the definition of High Temperature Industrial Maintenance Coatings;

  2. Lacquer Sanding Sealers, which may be recommended for use as sanding sealers in conjunction with clear lacquer topcoats;

  3. Metallic Pigmented Coatings, which may be recommended for use as primers, sealers, undercoaters, roof coatings, or industrial maintenance coatings; and

  4. Shellacs, represented in any other manner.

D. Storage Requirements: All VOC-containing materials shall be stored in closed containers when not in use. In use includes, but is not limited to: being accessed, filled, emptied, maintained or repaired.

E. Cleanup Requirements: A person shall not use volatile organic compounds for the cleanup of spray equipment unless equipment for collection of the cleaning compounds and minimizing its evaporation to the atmosphere is used.

V. Administrative Requirements

A. Labeling Requirements:

  1. Date of Manufacture: Each container of any coating subject to this Rule shall display the date on which the contents were manufactured or a code indicating the date of manufacture. Each manufacturer of such coatings shall file with the Control Officer and the Executive Officer of the California Air Resources Board, an explanation of each code.

  2. Thinning Recommendations: Each container of any coating subject to this Rule shall display a statement of the manufacturer's recommendation regarding thinning of the coating. This requirement shall not apply to the thinning of architectural coatings with water. The recommendation shall specify that the coating is to be employed without thinning or diluting under normal environmental and application conditions, unless the recommended thinning for normal environmental and application conditions does not cause a coating to exceed its applicable VOC standard.

  3. VOC Content: Each container of any coating subject to this Rule shall display the maximum VOC content of the coating, as applied, and after any thinning as recommended by the manufacturer. VOC content shall be displayed as grams of VOC per liter of coating (less water and exempt compounds, and excluding any colorant added to tint bases). VOC content displayed may be calculated using product formulation data, or may be determined using the test method in Subsection V.B.

B. Test Methods:

  1. Analysis of Samples: VOC content of samples as specified in this Rule shall be analyzed by EPA Method 24 and analysis of halogenated exempt compounds shall be analyzed by ARB Method 432.

  2. Metallic Content: Measurement of metallic content of Metallic Pigmented Coatings shall be conducted and reported in accordance with South Coast Air Quality Management District Method 318 using X-ray diffraction.

  3. Acid Content: Measurement of acid content of Pre-Treatment Wash Primers shall be conducted and reported in accordance with South Coast Air Quality Management District "Laboratory Methods of Analysis for Enforcement Samples, ASTM D1613-81 Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates used in Paint, Varnish, Lacquer, and Related Products", December, 1986.

  4. Gloss Measurement: Measurement of dried film gloss shall be conducted and reported in accordance with ASTM Method D523-89 "Standard Test Method for Specular Gloss".