SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT

RULE 442 - ARCHITECTURAL COATINGS
(Adopted 12-6-78; Amended 8-31-82, 11-29-83, 4-28-87, 10-2-90, 11-16-93, 9-5-96, 5-24-01)

INDEX


100 GENERAL

101 PURPOSE
102 APPLICABILITY
103 SEVERABILITY
110 EXEMPTIONS


200 DEFINITIONS

201 ADHESIVE
202 AEROSOL COATING PRODUCT
203 ANTENNA COATING
204 ANTIFOULING COATING
205 APPURTENANCES
206 ARCHITECTURAL COATINGS
207 BITUMENS
208 BITUMINOUS ROOF COATING
209 BITUMINOUS ROOF PRIMER
210 BOND BREAKERS
211 CLEAR BRUSHING LACQUERS
212 CLEAR WOOD COATINGS
213 COATING
214 COLORANT
215 CONCRETE CURING COMPOUND
216 DRY FOG COATING
217 EXEMPT COMPOUND
218 FAUX FINISHING COATING
219 FIRE-RESISTIVE COATING
220 FIRE-RETARDANT COATING
221 FLAT COATING
222 FLOOR COATING
223 FLOW COATING
224 FORM-RELEASE COMPOUND
225 GRAPHIC ARTS COATING OR SIGN PAINT
226 HIGH-TEMPERATURE COATING
227 INDUSTRIAL MAINTENANCE COATING
228 LACQUER
229 LOW-SOLIDS COATING
230 MAGNESITE CEMENT COATING
231 MASTIC TEXTURE COATING
232 METALLIC PIGMENTED COATING
233 MULTI-COLORED COATING
234 NONFLAT COATING
235 NONFLAT - HIGH GLOSS COATING
236 NONINDUSTRIAL USE
237 POST-CONSUMER COATING
238 PRE-TREATMENT WASH PRIMER
239 PRIMER
240 QUICK-DRY ENAMEL
241 QUICK-DRY PRIMER, SEALER AND UNDERCOATER
242 RECYCLED COATING
243 RESIDENCE
244 ROOF COATING
245 RUST PREVENTATIVE COATING
246 SANDING SEALER
247 SEALER
248 SECONDARY COATING (REWORK)
249 SHELLAC
250 SHOP APPLICATION
251 SOLICIT
252 SPECIALTY PRIMER, SEALER AND UNDERCOATER
253 STAIN
254 SWIMMING POOL COATING
255 SWIMMING POOL REPAIR AND MAINTENANCE COATING
256 TEMPERATURE-INDICATOR SAFETY COATING
257 TINT BASE
258 TRAFFIC MARKING COATING
259 UNDERCOATER
260 VARNISH
261 VOLATILE ORGANIC COMPOUND (VOC)
262 VOC CONTENT
263 WATERPROOFING SEALER
264 WATERPROOFING CONCRETE/MASONRY SEALER
265 WOOD PRESERVATIVE


300 STANDARDS

301 VOC CONTENT LIMITS
302 MOST RESTRICTIVE VOC LIMITS
303 SELL-THROUGH OF COATINGS
304 PAINTING PRACTICES
305 THINNING
306 RUST PREVENTATIVE COATINGS
307 COATINGS NOT LISTED IN SECTION 301
308 LACQUERS
309 AVERAGING COMPLIANCE OPTION


400 ADMINISTRATIVE REQUIREMENTS

401 CONTAINER LABELING REQUIREMENTS
402 CALCULATION OF VOC CONTENT


500 MONITORING AND RECORDS

501 REPORTING REQUIREMENTS
502 TESTING PROCEDURE


APPENDIX A - AVERAGING PROVISION



100 GENERAL

101 PURPOSE: To limit the quantity of volatile organic compounds in architectural coatings supplied, sold, offered for sale, applied, solicited for application, or manufactured for use within the District.

102 APPLICABILITY: Except as provided in Section 110, this rule is applicable to any person who supplies, sells, offers for sale, or manufacturers any architectural coating for use within the District, as well as any person who applies or solicits the application of any architectural coating within the District.

103 SEVERABILITY: If a court of competent jurisdiction issues an order that any provision of this rule is invalid, it is the intent of the Board of Directors of the District that other provisions of this rule remain in full force and affect, to the extent allowed by law.

110 EXEMPTIONS: This rule does not apply to:

110.1 Any architectural coating that is sold or manufactured for use outside of the District or for shipment to other manufacturers for reformulation or repackaging;

110.2 Any aerosol coating product; or

110.3 Any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less.


200 DEFINITIONS

201 ADHESIVE: Any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

202 AEROSOL COATING PRODUCT: A pressurized coating product containing pigments or resins that dispense product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications.

203 ANTENNA COATING: A coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

204 ANTIFOULING COATING: A coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered with both the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136, et seq.) and with the California Department of Pesticide Regulation.

205 APPURTENANCES: Any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain-gutters and down-spouts; stairways, fixed ladders, catwalks, and fire escapes; and window screens.

206 ARCHITECTURAL COATING:
A coating to be applied to stationary structures and their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purpose of this rule.

207 BITUMENS: Black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

208 BITUMINOUS ROOF COATING: A coating which incorporates bitumens that is labeled and formulated exclusively for roofing.

209 BITUMINOUS ROOF PRIMER: A primer which incorporates bitumens that is labeled and formulated exclusively for roofing.

210 BOND BREAKERS:
A coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

211 CLEAR BRUSHING LACQUERS: Clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush, and which are labeled as specified in Section 401.5.

212 CLEAR WOOD COATINGS: Clear and semi-transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film.

213 COATING: A material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

214 COLORANT: A concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sale units to produce the desired color.

215 CONCRETE CURING COMPOUND: A coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.

216 DRY FOG COATING: A coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

217 EXEMPT COMPOUND: For the purposes of this rule, "exempt compound" has the same meaning as in Rule 101-GENERAL PROVISIONS AND DEFINITIONS. Exempt compounds content of a coating shall be determined by South Coast Air Quality Management District Method 303-91 (Revised February 1993), incorporated by reference in Section 502.4.j.

218 FAUX FINISHING COATING: A coating labeled and formulated as a stain or glaze to create artistic effects including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain.

219 FIRE-RESISTIVE COATING: An opaque coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency approved by building code officials for use in bringing assemblies of structural materials into compliance with federal, state, and local building code requirements. The fire-resistive coating and the testing agency must be approved by building code officials. The fire-resistant coating shall be tested in accordance with ASTM Designation E 119-98, incorporated by reference in Section 502.4.b.

220 FIRE-RETARDANT COATING:
A coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by building code officials for use in bringing building and construction materials into compliance with federal, state, and local building code requirements. The fire-retardant coating and the testing agency must be approved by building code officials. The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-99, incorporated by reference in Section 502.4.a.

221 FLAT COATING: A coating that is not defined under any other definition in this rule and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in Section 502.4.c.

222 FLOOR COATING: An opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to foot traffic.

223 FLOW COATING: A coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.

224 FORM-RELEASE COMPOUND: A coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal, or some other material other than concrete.

225 GRAPHIC ARTS COATING OR SIGN PAINT: A coating labeled and formulated for hand-application 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.

226 HIGH-TEMPERATURE COATING: A high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204oC (400oF).

227 INDUSTRIAL MAINTENANCE COATING: A high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions listed in Sections 227.1 through 227.5, and labeled as specified in Section 401.4:

227.1 Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation;

227.2 Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

227.3 Repeated exposure to temperatures above 121oC (250oF);

227.4 Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or

227.5 Exterior exposure of metal structures and structural components.


228 LACQUER: A clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

229 LOW-SOLIDS COATING: A coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per gallon) of coating material.

230 MAGNESITE CEMENT COATING: A coatings labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

231 MASTIC TEXTURE COATING: A coatings labeled and formulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

232 METALLIC PIGMENTED COATING: A coating containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with South Coast Air Quality Management District Method 318-95, incorporated by reference in Section 502.4.d.

233 MULTI-COLOR COATING: A coating that is packaged in a single container and that exhibits more than one color when applied in a single coat.

234 NONFLAT COATING:
A coating that is not defined under any other definition in this rule and that registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in Section 502.4.c.

235 NONFLAT - HIGH GLOSS COATING: A nonflat coating that registers a gloss of 70 or above on a 60 degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in Section 502.4.c.

236 NONINDUSTRIAL USE: Nonindustrial use means any use of architectural coatings except in the construction or maintenance of any of the following: facilities used in the manufacturing of goods and commodities; transportation infrastructure, including highways, bridges, airports and railroads; facilities used in mining activities, including petroleum extraction; and utilities infrastructure, including power generation and distribution, and water treatment and distribution systems.

237 POST-CONSUMER COATING: A finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.

238 PRE-TREATMENT WASH PRIMER: A primer that contains a minimum of 0.5 percent by acid, by weight, when tested in accordance with ASTM Designation D 1613-96, incorporated by reference in Section 502.4.e, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

239 PRIMER:
A coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats.

240 QUICK-DRY ENAMEL: A nonflat coating that is labeled as specified in Section 401.8 and that is formulated to have the following characteristics:

240.1 Is capable of being applied directly from the container under normal conditions with ambient temperatures between 16 and 27oC (60 and 80oF);

240.2 When tested in accordance with ASTM Designation D-1640-95, incorporated by reference in Section 502.4.f., sets to touch in 2 hours or less, is tack free in 4 hours or less, and dries hard in 8 hours or less by the mechanical test method; and

240.3 Has a dried film gloss of 70 or above on a 60 degree meter.


241 QUICK DRY PRIMER, SEALER AND UNDERCOATER: A primer, sealer or undercoater that is dry to the touch in 30 minutes and can be recoated in 2 hours when tested in accordance with ASTM Designation 1640-95, incorporated by reference in Section 502.4.f.

242 RECYCLED COATING: An architectural coating formulated such that not less than 50 percent of the total weight consists of secondary and post-consumer coating, with not less than 10 percent of the total weight consisting of post-consumer coating.

243 RESIDENTIAL: Areas where people reside or lodge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels, and hotels.

244 ROOF COATING: A non-bituminous coating labeled and formulated exclusively for application to 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 Coating shall not be considered to be in this category, but shall be considered to be in the Metallic Pigmented Coating category.

245 RUST PREVENTATIVE COATING:
A coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in Section 401.6.

246 SANDING SEALER: A clear or semi-transparent wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a lacquer is not included in this category, but is included in the lacquer category.

247 SEALER: A coating labeled and formulated for application to a substrate for one or more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

248 SECONDARY COATING (REWORK): A fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process.

249 SHELLAC:
A clear or opaque coating 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.

250 SHOP APPLICATION:
Application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process (e.g., original equipment manufacturing coatings).

251 SOLICIT:
To require for use or to specify, by written or oral contract.

252 SPECIALTY PRIMER, SEALER AND UNDERCOATER: A coating labeled as specified in Section 401.7 and that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces, or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM Designation D 4214-98, incorporated by reference in Section 502.4.g.

253 STAIN: A clear, semitransparent, or opaque coating labeled and formulated to change the color of a surface but not conceal the grain pattern or texture.

254 SWIMMING POOL COATING: A coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals.

255 SWIMMING POOL REPAIR AND MAINTENANCE COATING: A rubber based coating labeled and formulated to be used over existing rubber based coatings for the repair and maintenance of swimming pools.

256 TEMPERATURE-INDICATOR SAFETY COATING: A coating labeled and formulated as a color-changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204oC (400oF).

257 TINT BASE: An architectural coating to which colorant is added after packaging in sale units to produce a desired color.

258 TRAFFIC MARKING COATING: A coating labeled and formulated for marking and stripping streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks, and airport runways.

259 UNDERCOATER:
A coating labeled and formulated to provide a smooth surface for subsequent coats.

260 VARNISH: A clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.

261 VOLATILE ORGANIC COMPOUND (VOC): For the purposes of this rule, "volatile organic compound" has the same meaning as in Rule 101-GENERAL PROVISIONS AND DEFINITIONS.

262 VOC CONTENT:
The weight of VOC per volume of coating, calculated according to the procedures specified in Section 402.

263 WATERPROOFING SEALER: A coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.

264 WATERPROOFING CONCRETE/MASONRY SEALER:
A clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.

265 WOOD PRESERVATIVE:
A coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered with both the U.S. Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 United States Code (U.S.C.) Section 136, et seq.) and with the California Department of Pesticide Regulation.)


300 STANDARDS

301 VOC CONTENT LIMITS: Except as provided in Sections 302, 303, 308, and 309, no person shall: (i) manufacture, blend, or repackage for sale within the District; (ii) supply, sell, or offer for sale within the District; or (iii) solicit for application or apply within the District, any architectural coating with a VOC content in excess of the corresponding limit specified in the following table. Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to the tint bases. "Manufacturer's maximum recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.

Coating Category

Limit1

Effective
8/24/01

Effective
1/1/2003

Effective 1/1/2004

Flat Coatings

250

 

100

 
Nonflat coatings

250

 

150

 
Nonflat - High Gloss

250

     
Specialty Coatings:        
Antenna Coatings

530

     
Antifouling Coatings

400

     
Bituminous Roof Coatings

300

     
Bituminous Roof Primers

350

     
Bond Breakers

350

     
Clear Wood Coatings:        

Clear Brushing Lacquer

680

     

Lacquers (including lacquer sanding sealers)

680

 

550

 

Sanding Sealers (other than lacquer sanding sealers)

350

     

Varnishes

350

     
Concrete Curing Compounds

350

     
Dry Fog Coatings

400

     
Faux Finishing Coatings

350

     
Fire Resistive Coatings

350

     
Fire Retardant Coatings:        

Clear

650

     

Opaque

350

     
Floor Coatings

400

250

   
Flow Coatings

420

     
Form-Release Compounds

250

     
Graphic Arts Coatings (Sign Paints)

500

     
High Temperature Coatings

420

     
Industrial Maintenance Coatings

340

   

250

Low Solids Coatings2

120

     
Magnesite Cement Coatings

450

     
Mastic Texture Coatings

300

     
Metallic Pigmented Coatings

500

     
Multi-Color Coatings

420

 

250

 
Pre-Treatment Wash Primers

420

     
Primers, Sealers, and Undercoaters

350

 

200

 
Quick-Dry Enamels

400

 

250

 
Quick-Dry Primers, Sealers, Undercoaters

450

 

200

 
Recycled Coatings

250

     
Roof Coatings

300

250

   
Rust Preventative Coatings

400

     
Shellacs:        

Clear

730

     

Opaque

550

     
Specialty Primers, Sealers and Undercoaters

350

     
Stains

350

 

250

 
Swimming Pool Coatings

340

     
Swimming Pool Repair and Maintenance Coatings

340

     
Temperature-Indicator Safety Coatings

550

     
Traffic Marking Coatings

250

150

   
Waterproofing Sealers

400

 

250

 
Waterproofing Concrete/Masonry Sealers

400

     
Wood Preservatives

350

     
1The specified limits remain in effect unless revised limits are listed in subsequent columns in the table.

2Units are grams of VOC per liter (pounds of VOC per gallon) or coating, including water and exempt compounds.

Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams VOC per liter.

302 MOST RESTRICTIVE VOC LIMITS: If anywhere on the container of any architectural coating or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in the table in Section 301, then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories specified in Section 302.1 through 302.15.

302.1 Lacquer coatings (including lacquer sanding sealers).
302.2 Metallic pigmented coatings.
302.3 Shellacs.
302.4 Fire-retardant coatings.
302.5 Pretreatment wash primers.
302.6 Industrial maintenance coatings.
302.7 Low-solids coatings.
302.8 Wood preservatives.
302.9 High temperature coatings.
302.10 Temperature-indicator safety coatings.
302.11 Antenna coatings.
302.12 Antifouling coatings.
302.13 Flow coatings.
302.14 Bituminous roof primers.
302.15 Specialty primers, sealers, and undercoaters.


303 SELL-THROUGH OF COATINGS:

303.1 A coating manufactured prior to the January 1, 2003 or January 1, 2004 effective date specified for that coating in the table in Section 301 may be sold, supplied, or offered for sale for up to three years after the specified effective date. In addition, a coating manufactured before the effective date specified for that coating in the table in Section 301 may be applied at any time, both before and after the specified effective date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This Section 303 does not apply to any coating that complies with the future effective January 1, 2003 or January 1, 2004 limits or that does not display the date or date-code required by Section 401.1.

303.2 A coating included in an approved Averaging Program that does not comply with the specified limit in the table in Section 301 may be sold, supplied, or offered for sale for up to three years after the end of the compliance period specified in the approved Averaging Program. In addition, such a coating may be applied at any time, both during and after the compliance period. This Section 303.2 does not apply to any coating that does not display on the container either the statement: "This product is subject to architectural coatings averaging provisions in California" or a substitute symbol specified by the Executive Officer of the California Air Resources Board. This Section 303.2 shall remain in effect until January 1, 2008.


304 PAINTING PRACTICES: All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means, shall be closed when not in use. These architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

305 THINNING: No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in the table in Section 301.

306 RUST PREVENTATIVE COATINGS: Effective January 1, 2004, no person shall apply or solicit the application of any rust preventative coating for industrial use, unless such a rust preventative coating complies with the industrial maintenance VOC limit specified in the table in Section 301.

307 COATINGS NOT LISTED IN SECTION 301: For any coating that does not meet any of the definitions for the specialty coatings categories listed in the table in Section 301, the VOC content limit shall be determined by classifying the coating as a flat coating or a nonflat coating, based on its gloss, as defined in Section 221, 234 and 235 and the corresponding flat or nonflat VOC limit shall apply.

308 LACQUERS: Notwithstanding the provisions of Sections 301 and 305, a person or facility may add up to 10 percent by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70 percent and temperature below 65 degrees Fahrenheit, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

309 AVERAGING COMPLIANCE OPTION: On or after January 1, 2003, in lieu of compliance with the specified limits in the table in Section 301 for floor coatings; industrial maintenance coatings; primers, sealers, and undercoaters; quick-dry primers, sealers, and undercoaters; quick-dry enamels; roof coatings; bituminous roof coatings; rust preventative coatings; stains; waterproofing sealers, as well as flats and nonflats (excluding recycled coatings), manufacturers may average designated coatings such that their actual cumulative emissions from the averaged coatings are less than or equal to the cumulative emissions that would have been allowed under those limits over a compliance period not to exceed one year. Such manufacturers must also comply with the averaging provisions contained in Appendix A, as well as maintain and make available for inspection records for at least three years after the end of the compliance period. This Section 309 and Appendix A shall cease to be effective on January 1, 2005, after which averaging will no longer be allowed.


400 ADMINISTRATIVE REQUIREMENTS

401 CONTAINER LABELING REQUIREMENTS: Each manufacturer of any architectural coating subject to this rule shall display the information listed in Sections 401.1 through 401.9 on the coating container (or label) in which the coating is sold or distributed.

401.1 DATE CODE: The date the coating was manufactured, or a date code representing the date, shall be indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code with the Executive Officer of the California Air Resources Board.

401.2 THINNING RECOMMENDATIONS: A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning.

401.3 VOC CONTENT: Each container of any coating subject to this rule shall display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed as grams of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test method in Section 502. The equations in Section 402 shall be used to calculate VOC content.

401.4 INDUSTRIAL MAINTENANCE COATINGS: In addition to the information specified in Sections 401.1, 401.2 and 401.3, each manufacturer of any industrial maintenance coating subject to this rule shall display on the label or lid of the container in which the coating is sold or distributed one or more of the descriptions listed in Sections 401.4.a. through 401.4.c.

a. "For industrial use only."

b. "For professional use only."

c. "Not for residential use" or "Not intended for residential use."

401.5 CLEAR BRUSHING LACQUERS: Effective January 1, 2003, the labels of all clear brushing lacquers shall prominently display the statements "For brush application only," and "This product must not be thinned or sprayed."

401.6 RUST PREVENTATIVE COATINGS: Effective January 1, 2003, the labels of all rust preventative coatings shall prominently display the statement "For Metal Substrates Only."

401.7 SPECIALTY PRIMERS, SEALERS, AND UNDERCOATERS: Effective January 1, 2003, the labels of all specialty primers, sealers, and undercoaters shall prominently display one or more of the descriptions listed in Sections 401.7.a. through 401.7.e.

a. For blocking stains.

b. For fire-damaged substrates.

c. For smoke-damaged substrates.

d. For water-damaged substrates.

e. For excessively chalky substrates.


401.8 QUICK-DRY ENAMELS: Effective January 1, 2003, the labels of all quick dry enamels shall prominently display the words "Quick Dry" and the dry hard time.

401.9 NON-FLAT - HIGH GLOSS COATINGS: Effective January 1, 2003, the labels of all non-flat - high gloss coatings shall prominently display the words "High Gloss."


402 CALCULATION OF VOC CONTENT: For the purpose of determining compliance with the VOC content limits in the table in Section 301, the VOC content of a coating shall be determined by using the procedures described in Sections 402.1 or 402.2, as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured.

402.1 With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Content = (Ws - Ww - Wec) / (Vm - Vw - Vec)

Where: VOC content = grams of VOC per liter of coating

Ws = weight of all volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters


402.2 For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Contentls = (Ws - Ww - Wec) / (Vm)

Where: VOC contentls = the VOC content of a low solids coating in grams of VOC per liter of coating

Ws = weight of all volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters


500 MONITORING AND RECORDS

501 REPORTING REQUIREMENTS:

501.1 CLEAR BRUSHING LACQUERS: Each manufacturer of clear brushing lacquers shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual report to the Executive Officer of the California Air Resources Board. The report shall specify the number of gallons of clear brushing lacquers sold in California during the preceding calendar year, and shall describe the method used by the manufacturer to calculate State sales.

501.2 RUST PREVENTATIVE COATINGS: Each manufacturer of rust preventative coatings shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual report to the Executive Officer of the California Air Resources Board. The report shall specify the number of gallons of rust preventative coatings sold in California during the preceding calendar year, and shall describe the method used by the manufacturer to calculate State sales.

501.3 SPECIALTY PRIMERS, SEALERS, AND UNDERCOATERS: Each manufacturer of specialty primers, sealers, and undercoaters shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual report to the Executive Officer of the California Air Resources Board. The report shall specify the number of gallons of specialty primers, sealers, and undercoaters sold in California during the preceding calendar year, and shall describe the method used by the manufacturer to calculate State sales.

501.4 TOXIC EXEMPT COMPOUNDS: For each architectural coating that contains perchloroethylene or methylene chloride, the manufacturer shall, on or before April 1 of each calendar year beginning in the year 2004, report to the Executive Officer of the California Air Resources Board the following information for products sold in California during the preceding year:

a. the product brand name and a copy of the product label with legible usage instructions;

b. the product category listed in the table in Section 301 to which the coating belongs;

c. the total sales in California during the calendar year to the nearest gallon;

d. the volume percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the coating.

501.5 RECYCLED COATING: Manufacturers of recycled coatings must submit a letter to the Executive Officer of the California Air Resources Board certifying their status as a Recycled Paint Manufacturer. The manufacturer shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual report to the Executive Officer of the California Air Resources Board. The report shall include, for all recycled coatings, the total number of gallons distributed in California during the preceding year, and shall describe the method used by the manufacturer to calculate California's distribution.

501.6 BITUMINOUS COATINGS: Each manufacturer of bituminous roof coatings or bituminous roof primers shall, on or before April 1 of each calendar year beginning in the year 2004, submit an annual report to the Executive Officer of the California Air Resources Board. The report shall specify the number of gallons of bituminous roof coatings or bituminous roof primers sold in California during the preceding calendar year, and shall describe the method used by the manufacturer to calculate California's sales.


502 TESTING PROCEDURE:

502.1 VOC CONTENT: To determine the physical properties of a coating in order to perform the calculation in Section 402, the reference method for VOC content is U.S. Environmental Protection Agency Method 24, incorporated by reference in Section 502.4.k., except as provided in Sections 502.2 and 502.3. An alternative method to determine the VOC content of coatings is South Coast Air Quality Management District Method 304-91 (Revised February 1996), incorporated by reference in Section 502.4.l. The exempt compounds content shall be determined by South Coast Air Quality Management District Method 303-91 (Revised August 1996), incorporated by reference in Section 502.4.j. To determine the VOC content of a coating, the manufacturer may use U.S. Environmental Protection Agency Method 24, or an alternative method as provided in Section 502.2, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 test results will govern, except when an alternative method is approved as specified in Section 502.2. The District Air Pollution Control Officer may require the manufacturer to conduct a Method 24 analysis.

502.2 ALTERNATIVE TEST METHOD: Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with Section 502.1, after review and approved in writing by the staffs of the District, the California Air Resources Board, and the U.S. Environmental Protection Agency, may also be used.

502.3 METHACRYLATE TRAFFIC MARKING COATINGS: Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to a modification of U.S. Environmental Protection Agency Method 24 (40 CFR 59, subpart D, Appendix A), incorporated by reference in Section 502.4.m. This method has not been approved for methacrylate multicomponent coatings used for purposes other than as traffic marking coatings or for other classes of multicomponent coatings.

502.4 TEST METHODS: The following test methods are incorporated by reference herein, and shall be used to test coatings subject to provisions of this rule:

a. Flame Spread Index: The flame spread index of a fire-retardant coating shall be determined by ASTM Designation E 84-99, "Standard Test Method for Surface Burning Characteristics of Building Materials," (see Section 220, Fire-Retardant Coating).

b. Fire Resistance Rating: The fire resistance rating of a fire-resistive coating shall be determined by ASTM Designation E 119-98, "Standard Test Methods for Fire Tests of Building Construction Materials, " (see Section 219, Fire-Resistive Coating).

c. Gloss Determination: The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), "Standard Test Method for Specular Gloss," (see Section 221, 234, 235 and 240, Flat Coating, Nonflat Coating, Nonflat High Gloss Coating, and Quick-Dry Enamels).

d. Metal Content of Coatings: The metallic content of a coating shall be determined by South Coast Air Quality Management District Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," South Coast Air Quality Management District "Laboratory Methods of Analysis for Enforcement Samples," (see Section 232, Metallic Pigmented Coating).

e. Acid Content of Coatings: The acid content of a coating shall be determined by ASTM Designation D 1613-96, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products," (see Section 238, Pre-Treatment Wash Primers).

f. Drying Times: The set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating shall be determined by ASTM Designation D 1640-95, "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, " (see Section 240 and 241, Quick-Dry Enamel and Quick-Dry Primer, Sealer, and Undercoater). The tack-free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM Designation D 1640-95.

g. Surface Chalkiness: The chalkiness of a surface shall be determined using ASTM Designation D 4214-98, "Standard test Methods for Evaluating the Degree of Chalking of Exterior Paint Films," (see Section 252, Specialty Primer, Sealer, and Undercoater).

h. Exempt Compounds - Siloxanes: Exempt compounds that are cyclic, branched, or linear completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with Section 502 by Bay Area Air Quality Management District Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials," Bay Area Air Quality Management District Manual of Procedures, Volume III, adopted 11/6/96, (see Section 261, Volatile Organic Compounds and Section 502.1).

i. Exempt Compounds - Parachlorobenzotrifluoride (PCBTF): The exempt compound parachlorobenzotrifluoride, shall be analyzed as an exempt compound for compliance with Section 502 by Bay Area Air Quality Management District Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, Bay Area Air Quality Management District Manual of Procedures, Volume III, adopted 12/20/95, (see Section 261, Volatile Organic Compound and Section 502.1).

j. Exempt Compounds: The content of compounds exempt under U.S. Environmental Protection Agency Method 24 shall be analyzed by South Coast Air Quality Management District Method 304-91 (Revised 1993), "Determination of exempt compounds," South Coast Air Quality Management District "Laboratory Methods of Analysis for Enforcement Samples, (see Section 261, Volatile Organic Compound and Section 502.1.

k. VOC Content of Coatings: The VOC content of a coating shall be determined by U.S. Environmental Protection Agency Method 24 as it exists in appendix A of 40 Code of Federal Regulations (CFR) part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings," (see Section 502.1)

l. Alternative VOC Content of Coatings: The VOC content of coatings may be analyzed either by U.S. Environmental Protection Agency Method 24 or South Coast Air Quality Management District Method 304-91 (Revised 1996), "Determination of Volatile Organic Compounds (VOC) in Various Materials," South Coast Air Quality Management District "Laboratory Methods of Analysis for Enforcement Samples," (see Section 502.1)

m. Methacrylate Traffic Marking Coatings: The VOC content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR part 59, subpart D, appendix A, "Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, " (September 11, 1998), (see Section 502.1).

Appendix A
AVERAGING PROVISION


A. AVERAGING PROVISION

A.1 The manufacturer shall demonstrate that actual emissions from the coatings being averaged are less than or equal to the allowable emissions, for the specified compliance period using the following equation:

Where:


Gi = Total Gallons of Product (i) subject to Averaging;
Mi = Material VOC Content of Product (I), in pounds per gallon;

Vi = Percent by Volume Solids and VOC in Product (i);


Where: Ws, Ww, Wec, Vm, Vw, and Vec are defined in Section 402, except that in this Appendix weights are in pounds and volumes are in gallons.

For Non-Zero VOC Coatings:

Where:


For Zero VOC Coatings:

Vi = Percent Solids by Volume

Li = Regulatory VOC Content Limit for Porduct (I), in pounds per gallon (as listed in the table in Section 301)

The averaging is limited to coatings that are designated by the manufacturer. Any coating not designated in the averaging Program shall comply with the VOC limit in the table in Section 301. The manufacturer shall not include any quantity of coatings that it knows or should have known will not be used in California, if statewide coatings data are used. If district-specific coatings data are used, the manufacturer shall not include any quantity of coatings that it knows or should have known will not be used in the District.

A.1.1 In addition to the requirements specified in Section A.1, manufacturers shall not include in an Averaging Program any coating with a VOC content in excess of the following maximum VOC content, for the applicable categories.

Averaging Categories and VOC Ceiling (Maximum VOC Allowed)

Category

Rule VOC Limit
(In effect of effective 1/1/2003 or 1/1/2004)

Averaging VOC Ceiling
(Maximum)

Flat Coating

100

250

Nonflat Coating

150

250

Floor Coatings

250

400

Industrial Maintenance Coatings

250

420

Primers, Sealers, and Undercoaters

200

350

Quick-Dry Primers, Sealers, and Undercoaters

200

450

Quick-Dry Enamels

250

400

Roof Coatings

250

300

Bituminous Roof Coatings

300

300

Rust Preventative Coatings

400

400

Stains

250

350

Waterproofing Sealers

250

400

A.2 AVERAGING PROGRAM (PROGRAM)

At least six months prior to the start of the compliance period, manufacturers shall submit an Averaging Program to the Executive Officer of the Air Resources Board. As used in this Appendix A, "Executive Officer" means the Executive Officer of the Air Resources Board. Averaging may not be implemented until the Program is approved in writing by the Executive Officer.

Within 45 days of submittal of a complete Program, the Executive Officer shall either approve or disapprove the Program. The Program applicant and the Executive Officer may agree to an extension of time for the Executive Officer to take action on the Program.


A.3 GENERAL REQUIREMENTS

The Program shall include all necessary information for the Executive Officer to make a determination as to whether the manufacturer may comply with the averaging requirements over the specified compliance period in an enforceable manner. Such information shall include, but is not limited to, the following:

A.3.1 An identification of the contact persons, telephone numbers, and name of the manufacturer who is submitting the Program.

A.3.2 An identification of each coating that has been selected by the manufacturer for inclusion in this program that exceeds the applicable VOC limit in the table in Section 301, its VOC content specified in units of both VOC actual and VOC regulatory, and the designation of the coating category.

A.3.3 A detailed demonstration showing that the projected actual emissions will not exceed the allowable emissions for a single compliance period that the Program will be in effect. In addition, the demonstration shall include VOC content information for each coating that is below the compliance limit in the table in Section 301. The demonstration shall use the equation specified in Section A.1 of this Appendix for projecting the actual emissions and allowable emissions during each compliance period. The demonstration shall also include all VOC content levels and projected volume sold within the State for each coating listed in the Program during each compliance period. The requested data can be summarized in a matrix form.

A.3.4 A specification of the compliance period(s) and applicable reporting dates. The length of the compliance period shall not be more than one year or less than six months.

A.3.5 An identification and description of all records to be made available to the Executive Officer upon request, if different than those identified under Section A.3.6.

A.3.6 An identification and description of specific records to be used in calculating emissions for the Program and subsequent reporting, and a detailed explanation as to how those records will be used by the manufacturer to verify compliance with the averaging requirements.

A.3.7 A statement, signed by a responsible party for the manufacturer, that all information submitted is true and correct, and that records will be made available to the Executive Officer upon request.


A.4 REPORTING REQUIREMENTS

A.4.1 For every single compliance period, the manufacturer shall submit a mid-term report listing all coatings subject to averaging during the first half of the compliance period, detailed analysis of the actual and allowable emissions at the end of the mid-term, and an explanation as to how the manufacturer intends to achieve compliance by the end of the compliance period. The report shall be signed by the responsible party for the manufacturer, attesting that all information submitted is true and correct. The mid-term report shall be submitted within 45 days after the midway date of the compliance period. A manufacturer may request, in writing, an extension of up to 15 days for submittal of the mid-term report.

A.4.2 Within 60 days after the end of the compliance period or upon termination of the Program, whichever is sooner, the manufacturer shall submit to the Executive Officer a report listing all coatings subject to averaging during the compliance period, providing a detailed demonstration of the balance between the actual and allowable emissions for the compliance period, any identification and description of specific records used by the manufacturer to verify compliance with the averaging requirement, and any other information requested by the Executive Officer to determine whether the manufacturer complied with the averaging requirements over the specified compliance period. The report shall be signed by the responsible party for the manufacturer, attesting that all information submitted is true and correct, and that records will be made available to the Executive Officer upon request. A manufacturer may request, in writing, an extension of up to 30 days for submittal of the final report.


A.5 RENEWAL OF A PROGRAM

A Program automatically expires at the end of the compliance period. The manufacturer may request a renewal of the Program by submitting a renewal request that shall include an updated Program, meeting all applicable Program requirements. The renewal request will be considered conditionally approved until the Executive Officer makes a final decision to deny or approve the renewal request based on a determination of whether the manufacturer is likely to comply with the averaging requirements. The Executive Officer shall base such determination on all available information, including but not limited to, the mid-term and the final reports of the preceding compliance period. The Executive Officer shall make a decision to deny or approve a renewal request no later than 45 days from the date of the final report submittal, unless the manufacturer and the Executive Officer agree to an extension of time for the Executive Officer to take action on the renewal request.


A.6 MODIFICATION OF A PROGRAM

A manufacturer may request a modification of the Program at any time prior to the end of the compliance period. The Executive Officer shall take action to approve or disapprove the modification request no longer than 45 days from the date of its submittal. No modification of the compliance period shall be allowed. A Program need not be modified to specify additional coatings to be averaged that are below the applicable VOC limits.


A.7 TERMINATION OF A PROGRAM

A.7.1 A manufacturer may terminate its Program at any time by filing a written notification to the Executive Officer. The filing date shall be considered the effective date of the termination, and all other provisions of this rule including the VOC limits shall immediately thereafter apply. The manufacturer shall also submit a final report 60 days after the termination date. Any exceedance of the actual emissions over the allowable emissions over the period that the Program was in effect shall constitute a separate violation for each day of the entire compliance period.

A.7.2 The Executive Officer may terminate a Program if any of the following circumstances occur:

A.7.2.1 The manufacturer violates the requirements of the approved Program, and at the end of the compliance period, the actual emissions exceed the allowable emissions.

A.7.2.2 The manufacturer demonstrates a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations.


A.8 CHANGE IN VOC LIMITS

If the VOC limits of a coating listed in the Program are amended such that its effective date is less than one year from the date of adoption, the affected manufacturer may base its averaging on the prior limits of that coating until the end of the compliance period immediately following the date of adoption.


A.9 LABELING

Each container of any coating that is included in averaging program, and that exceeds the applicable VOC limit in the table in Section 301 shall display the following statement: "This product is subject to architectural coatings averaging provisions in California." A symbol specified by the Executive Officer may be used as a substitute.


A.10 VIOLATIONS

The exceedance of the allowable emissions for any compliance period shall constitute a separate violation for each day of the compliance period. However, any violation of the requirements of the Averaging Provision of this rule, which the violator can demonstrate, to the Executive Officer, did not cause or allow the emission of an air contaminant and was not the result of negligent or knowing activity may be considered a minor violation.


A.11 SUNSET OF AVERAGING PROVISION

The averaging provision set forth in Appendix A shall cease to be effective on January 1, 2005, after which averaging will no longer be allowed.