SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Adopted Sept. 2, 1977)(Amended Dec. 2, 1977)(Amended Feb. 3, 1978)
(Amended Sept. 5, 1980)(Amended Apr. 3, 1981)(Amended July 3, 1981)
(Amended by California Air Resources Board Oct. 21, 1981)
(Amended Aug. 5, 1983)(Amended Mar. 16, 1984)(Amended Aug. 2, 1985)
(Amended Nov. 1, 1985)(Amended Feb. 6, 1987)(Amended Jan. 5, 1990)
(Amended Feb. 2, 1990)(Amended Nov. 2, 1990)(Amended Dec. 7, 1990)
(Amended Sept. 6, 1991)(Amended March 8, 1996)(Amended August 9, 1996)
(Amended November 8, 1996)(Amended May 14, 1999)

RULE 1113 - ARCHITECTURAL COATINGS

(a) Applicability
This rule is applicable to any person who supplies, sells, offers for sale, or manufactures any architectural coating for use in the District that is intended to be applied to stationary structures or their appurtenances, and to mobile homes, pavements or curbs; as well as any person who applies or solicits the application of any architectural coating within the District. The purpose of this rule is to limit the VOC content of architectural coatings used in the District or to allow the averaging of such coatings, as specified, so their actual emissions do not exceed the allowable emissions if all the averaged coatings had complied with the specified limits.

(b) Definitions
For the purpose of this rule, the following definitions shall apply:

    (1) AEROSOL COATING PRODUCT means a pressurized coating product containing pigments or resins that dispenses 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 marking and traffic marking applications.

    (2) APPURTENANCES are accessories to a stationary 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, signs, motion picture and television production sets, and concrete forms.

    (3) ARCHITECTURAL COATINGS are any coatings applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

    (4) BELOW-GROUND WOOD PRESERVATIVES are wood preservatives formulated to protect below-ground wood.

    (5) BITUMINOUS COATINGS MATERIALS are black or brownish coating materials, soluble in carbon disulfide, consisting mainly of hydrocarbons and which are obtained from natural deposits, or as residues from the distillation of crude petroleum oils, or of low grades of coal.

    (6) BITUMINOUS ROOF COATINGS are coatings formulated and recommended for roofing that incorporate bituminous coatings materials.

    (7) BOND BREAKERS are coatings applied between layers of concrete to prevent the freshly poured top layer of concrete from bonding to the substrate over which it is poured.

    (8) CHEMICAL STORAGE TANK COATINGS are coatings used as interior tank linings for the storage of oxygenated solvents, oxygenated solvent mixtures, and acid based products

    (9) CLEAR WOOD FINISHES are clear and semi-transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film.

    (10) COATING is a material which is applied to a surface in order to beautify, protect, or provide a barrier to such surface.

    (11) COLORANTS are solutions of dyes or suspensions of pigments.

    (12) CONCRETE-CURING COMPOUNDS are coatings applied to freshly poured concrete to retard the evaporation of water.

    (13) DRY-FOG COATINGS are coatings which are formulated only for spray application so that when sprayed, overspray droplets dry before falling on floors and other surfaces.

    (14) ESSENTIAL PUBLIC SERVICE COATING is a protective (functional) coating applied to components of power, municipal wastewater, water, bridges and other roadways; transmission or distribution systems during repair and maintenance procedures.

    (15) EXEMPT COMPOUNDS (See Rule 102-Definition of Terms.)

    (16) FIRE-PROOFING EXTERIOR COATINGS are opaque coatings formulated to protect the structural integrity of outdoor steel and other outdoor construction materials and listed by Underwriter's Laboratories, Inc. for the fire protection of steel.

    (17) FIRE-RETARDANT COATINGS are coatings listed by Underwriter's Laboratories, Inc. as fire-retardant coatings with a flame spread index of less than 25.

    (18) FLAT COATINGS are coatings that register a gloss of less than 15 on an 85-degree meter or less than 5 on a 60-degree meter.

    (19) FLOOR COATINGS are opaque coatings that are formulated for application to flooring; including but not limited to decks, porches, gymnasiums, bowling alleys; for purposes of abrasion resistance.

    (20) GRAMS OF VOC PER LITER OF COATING, LESS WATER AND LESS EXEMPT COMPOUNDS, is the weight of VOC per combined volume of VOC and coating solids and can be calculated by the following equation:

     
    Grams of VOC per Liter of Coating, Less

    =

    Ws - Ww - Wes
       
      Water and Less Exempt Compounds  

    Vm

    -

    Vw

    -

    Ves

      Where: Ws = weight of volatile compounds in grams
        Ww = weight of water in grams
        Wes = weight of exempt compounds in grams
        Vm = volume of material in liters
        Vw = volume of water in liters
        Ves = volume of exempt compounds in liters

    For coatings that contain reactive diluents, the Grams of VOC per Liter of Coating, Less Water and Less Exempt Compounds, shall be calculated by the following equation:

      Grams of VOC per Liter of Coating, Less

    =

    Ws - Ww - Wes
       
     
    Water and Less Exempt Compounds
      Vm - Vw - Ves
      Where: Ws = weight of volatile compounds emitted during curing, in grams
        Ww = weight of water emitted during curing, in grams
        Wes = weight of exempt compounds emitted during curing, in grams
        Vm = volume of the material prior to reaction, in liters
        Vw = volume of water emitted during curing, in liters
        Ves = volume of exempt compounds emitted during curing, in liters

    (21) GRAMS OF VOC PER LITER OF MATERIAL is the weight of VOC per volume of material and can be calculated by the following equation:

      Grams of VOC per Liter of Material = Ws - Ww - Wes
         
            Vm    
      Where: Ws = weight of volatile compounds in grams
        Ww = weight of water in grams
        Wes = weight of exempt compounds in grams
        Vm = volume of the material in liters

    (22) GRAPHIC ARTS COATINGS (Sign Paints) are 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.

    (23) HIGH-TEMPERATURE INDUSTRIAL MAINTENANCE COATINGS are industrial maintenance coatings formulated for and applied to substrates exposed continuously or intermittently to temperatures above 400 degrees Fahrenheit.

    (24) INDUSTRIAL MAINTENANCE COATINGS are coatings, including primers, sealers, undercoaters, intermediate coatings and topcoats formulated for and applied to substrates that are exposed to one or more of the following extreme environmental conditions:

    (25) JAPANS/FAUX FINISHING COATINGS are glazes designed for wet-in-wet techniques used 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.

    (26) LACQUERS are clear or pigmented wood finishes, including clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by evaporation without chemical reaction.

    (27) LOW-SOLIDS COATINGS are coatings containing one pound or less of solids per gallon of material.

    (28) MAGNESITE CEMENT COATINGS are coatings formulated for and applied to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

    (29) MASTIC COATINGS are 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).

    (30) METALLIC PIGMENTED COATINGS are coatings containing at least 0.4 pound of elemental metallic pigment per gallon (50 grams/liter) of coating as applied.

    (31) MULTI-COLOR COATINGS are coatings which exhibit more than one color when applied and which are packaged in a single container and applied in a single coat.

    (32) NONFLAT COATINGS are coatings that register a gloss of 5 or greater on a 60-degree meter and a gloss of 15 or greater on an 85-degree meter.

    (33) PRE-TREATMENT WASH PRIMERS are coatings which contain a minimum of 1/2 percent acid, by weight, applied directly to bare metal surfaces to provide necessary surface etching.

    (34) PRIMERS are coatings applied to a surface to provide a firm bond between the substrate and subsequent coats.

    (35) QUICK-DRY ENAMELS are non-flat coatings which comply with the following:

    (i) Shall be capable of being applied directly from the container by brush or roller under normal conditions, normal conditions being ambient temperatures between 60°F and
    80°F;

    (ii) 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 test method; and

    (iii) Shall have a 60° dried film gloss of no less than 70.

    (36) QUICK-DRY PRIMERS, SEALERS, AND UNDERCOATERS are 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-touch in one-half hour and can be recoated in two hours (ASTM D 1640). This category will be subsumed by the primers, sealers, and undercoaters category effective January 1, 2002.

    (37) REACTIVE DILUENT is a liquid which is a VOC during application and one in which, through chemical and/or physical reaction, such as polymerization, becomes an integral part of the coating.

    (38) RECYCLED COATINGS are coatings collected through Household Hazardous Waste Collection Programs or other waste minimization and resource recovery programs. Recycled coatings shall be formulated such that not less than 50% of the total weight consists of secondary post-consumer waste paint, with not less than 10% of the total weight consisting of post-consumer waste paint.

    (39) ROOF COATINGS are non-bituminous coatings formulated for application to exterior roofs and 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.

    (40) RUST PREVENTATIVE COATINGS are coatings formulated for use in preventing the corrosion of metal surfaces in residential and commercial situations.

    (41) SANDING SEALERS are clear wood coatings formulated for and applied to bare wood for sanding and to seal the wood for subsequent application of coatings. To be considered a sanding sealer a coating must be clearly labeled as such.

    (42) SEALERS are coatings applied to substrates to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

    (43) SHELLACS are 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.

    (44) SOLICIT is to require for use or to specify, by written or oral contract.

    (45) SPECIALTY PRIMERS is a coating formulated and recommended for application to a substrate to seal fire, smoke or water damage; or to condition excessively chalky surfaces. An excessively chalky surface is one that is defined as having chalk rating of four or less as determined by ASTM D-4214 – Photographic Reference Standard No. 1 or the Federation of Societies for Coatings Technology "Pictorial Standards for Coatings Defects".

    (46) STAINS are opaque or semi-transparent coatings which are formulated to change the color but not conceal the grain pattern or texture.

    (47) SWIMMING POOL COATINGS are coatings specifically formulated to coat the interior of swimming pools and to resist swimming pool chemicals.

    (48) SWIMMING POOL REPAIR COATINGS are chlorinated, rubber-based coatings used for the repair and maintenance of swimming pools over existing chlorinated, rubber-based coatings.

    (49) TINT BASE is an architectural coating to which colorants are added.

    (50) TRAFFIC COATINGS are coatings formulated for and applied to public streets, highways, and other surfaces including, but not limited to, curbs, berms, driveways, and parking lots.

    (51) UNDERCOATERS are coatings formulated and applied to substrates to provide a smooth surface for subsequent coats.

    (52) VARNISHES are clear wood finishes formulated with various resins to dry by chemical reaction on exposure to air.

    (53) VOLATILE ORGANIC COMPOUND (VOC)
    See Rule 102.

    (54) WATERPROOFING WOOD SEALERS are colorless coatings which are formulated for the sole purpose of preventing penetration of porous substrates by water on wood substrates.

    (55) WATERPROOFING CONCRETE/MASONRY SEALERS are clear or pigmented film forming compounds that are formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.

    (56) WOOD PRESERVATIVES are coatings formulated to protect wood from decay or insect attack by the addition of a wood preservative chemical registered by the California Environmental Protection Agency.

(c) Requirements

    (1) Except as provided in paragraphs (c)(2), (c)(3), (c)(4), and specified coatings averaged under (c)(6), no person shall supply, sell, offer for sale, manufacture, blend, or repackage any architectural coating for use in the District which, at the time of sale or manufacture, contains more than 250 grams of VOC per liter of coating (2.08 pounds per gallon), less water, less exempt compounds, and less any colorant added to tint bases, and no person shall apply or solicit the application of any architectural coating within the District that exceeds 250 grams of VOC per liter of coating as calculated in this paragraph.

    (2) Except as provided in paragraphs (c)(3), (c)(4), and designated coatings averaged under (c)(6), no person shall supply, sell, offer for sale, manufacture, blend, or repackage, for use within the District, any architectural coating listed in the Table of Standards which contains VOC (excluding any colorant added to tint bases) in excess of the corresponding VOC limit specified in the table, after the effective date specified, and no person shall apply or solicit the application of any architectural coating within the District that exceeds the VOC limit as specified in this paragraph. No person shall apply or solicit the application within the District of any industrial maintenance coatings for residential use; or of any rust-preventative coating for industrial use.

    TABLE OF STANDARDS VOC LIMITS Grams of VOC Per Liter of Coating,
    Less Water And Less Exempt Compounds

    COATING

    Limit*

    Effective

    1/1/1998

    Effective

    1/1/1999

    Effective

    5/14/99

    Effective

    7/1/2001

    Effective

    7/1/2002

    Effective

    1/1/2005

    Effective

    7/1/2006

    Effective

    7/1/2008

    Bond Breakers

    350

     

     

     

     

     

     

     

     

    Chemical Storage Tank Coatings

    420

     

     

     

     

     

     

    100

     

    Clear Wood Finishes

     

     

     

     

     

     

     

     

     

    Varnish

    350

     

     

     

     

     

     

     

     

    Sanding Sealers

    350

     

     

     

     

     

     

     

     

    Lacquer

    680

    550

     

     

     

     

    275

     

     

    Concrete-Curing Compounds

    350

     

     

     

     

     

     

     

     

    Dry-Fog Coatings

    400

     

     

     

     

     

     

     

     

    Essential Public Service Coating

    420

     

     

     

     

    340

     

    100

     

    Fire-proofing Exterior Coatings

    450

     

    350

     

     

     

     

     

     

    Fire-Retardant Coatings

     

     

     

     

     

     

     

     

     

    Clear

    650

     

     

     

     

     

     

     

     

    Pigmented

    350

     

     

     

     

     

     

     

     

    Flats

    250

     

     

     

    100

     

     

     

    50

    Floor Coatings

    420

     

     

     

     

    100

     

    50

     

    Graphic Arts (Sign) Coatings

    500

     

     

     

     

     

     

     

     

    High Temperature Industrial Maintenance Coatings

     

     

     

     

     

    550

     

    420

     

    Industrial Maintenance Coatings

    420

     

     

     

     

    250

     

    100

     

    Japans/Faux Finishing Coatings

    700

     

    350

     

     

     

     

     

     

    Magnesite Cement Coatings

    600

     

    450

     

     

     

     

     

     

    Mastic Coatings

    300

     

     

     

     

     

     

     

     

    Metallic Pigmented Coatings

    500

     

     

     

     

     

     

     

     

    Multi-Color Coatings

    420

    250

     

     

     

     

     

     

     

    Non-Flat Coatings

    250

     

     

     

     

    150

     

    50

     

    Pigmented Lacquer

    680

    550

     

     

     

     

    275

     

     

    Pre-Treatment Wash Primers

    780

     

     

     

     

     

     

     

     

    Primers, Sealers, and Undercoaters

    350

     

     

     

     

    200

     

    100

     

    Quick-Dry Enamels

    400

     

     

     

     

    250

     

    50

     

    Quick-Dry Primers, Sealers, and Undercoaters

    350**

     

     

     

     

    200

     

    100

     

    Recycled Coatings

     

     

     

    250

     

    250

     

    100

     

    Roof Coatings

    300

     

     

    250

     

     

     

     

     

    Bituminous Roof Coatings

    300

     

     

     

     

    250

     

     

     

    Rust Preventative Coatings

    420

     

     

    400

     

     

     

    100

     

    Shellac

     

     

     

     

     

     

     

     

     

    Clear

    730

     

     

     

     

     

     

     

     

    Pigmented

    550

     

     

     

     

     

     

     

     

    Specialty Primers

    350

     

     

     

     

     

     

    100

     

    Stains

    350

     

     

     

     

    250

     

     

     

    Swimming Pool Coatings

     

     

     

     

     

     

     

     

     

    Repair

    650

     

     

     

     

     

     

     

     

    Other

    340

     

     

     

     

     

     

     

     

    Traffic Coatings

    250

    150

     

     

     

     

     

     

     

    Waterproofing Sealers

    Wood

    Concrete/Masonry

    400

    400

     

     

     

     

    250

     

     

     

    Wood Preservatives

     

     

     

     

     

     

     

     

     

    Below-Ground

    350

     

     

     

     

     

     

     

     

    Other

    350

     

     

     

     

     

     

     

     

    * The specified limits remain in effect unless revised limits are listed in subsequent columns in the Table of Standards

    ** The specified limit applies unless the manufacturer submits a report pursuant to Rule 1113(g)(2).

    TABLE OF STANDARDS (cont.)
    VOC LIMITS Grams of VOC Per Liter of Material

    COATING Limit
    Low-Solids Coating 120

    (3) If anywhere on the container of any coating listed in the Table of Standards, on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the coating may be used as, or is suitable for use as, a coating for which a lower VOC standard is specified in the table or in paragraph (c)(1), then the lowest VOC standard shall apply. This requirement does not apply to the representation of the following coatings in the manner specified:

    (4) Except where already required to be in compliance with the previous version of this rule, sale or application of a coating manufactured prior to the effective date of the corresponding standard in the Table of Standards, and not complying with that standard, shall not constitute a violation of paragraph (c)(2) until three years after the effective date of the standard.

    (5) All architectural coating containers used to apply the contents therein to a surface direct from said container by pouring, siphoning, brushing, rolling, padding, ragging or other means, shall be closed when not in use. These architectural coating containers include, but should not be limited to: drums, buckets, cans, pails, trays or other application containers.

    (6) Averaging Compliance Option
    On or after January 1, 2001, in lieu of specific compliance with the applicable limits in the Table of Standards for floor; primers, sealers, and undercoaters; quick-dry primers, sealers, and undercoaters; quick-dry enamels; rust preventative; roof; stains; waterproofing wood sealers; industrial maintenance coatings, as well as flats and non-flats (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.

(d) Administrative Requirements

    (1) Containers for all coatings subject to this rule shall display the date of manufacture of the contents or a code indicating the date of manufacture. The manufacturers of such coatings shall file with the Executive Officer of the District and the Executive Officer of the Air Resources Board an explanation of each code.

    (2) Containers for all coatings subject to the requirements of this rule shall carry a statement of the manufacturer's recommendation regarding thinning of the coating. This recommendation 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 any thinning recommended on the label for normal environmental and application conditions does not cause a coating to exceed its applicable standard.

    (3) Each container of any coating subject to this rule shall display the maximum VOC content of the coating, as supplied, and after any thinning as recommended by the manufacturer. The VOC content of low-solids coatings shall be displayed as grams of VOC per liter of material (excluding any colorant added to the tint bases) and the VOC content of any other coating shall be displayed as grams of VOC per liter of coating (less water and less 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 subdivision (e).

    (4) After January 1, 1998, the coating container label or container shall include the words "Quick-Dry" or shall list the following:

    (5) The labels of all rust preventative coatings shall include the statement "For Metal Substrates Only" prominently displayed, effective July 1, 2002.

    (6) The labels of all specialty primers shall include the statement "For Fire-, Smoke-, Water-Damaged, or Excessively Chalky Substrates Only" prominently displayed, effective July 1, 2002.

(e) Test Methods
For the purpose of this rule, the following test methods shall be used

    (1) VOC Content of Coatings
    The VOC content of coatings subject to the provisions of this rule shall be determined by:
    will be analyzed as exempt compounds for compliance with subdivision (c), only when manufacturers specify which individual compounds are used in the coating formulations. In addition, the manufacturers must identify the USEPA, ARB, and SCAQMD approved test methods, which can be used to quantify the amount of each exempt compound.

    (2) Acid Content of Coatings
    The acid content of a coating subject to the provisions of this rule shall be determined by ASTM Test Method D 1613-85 (Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products).

    (3) Metal Content of Coatings
    The metallic content of a coating subject to the provisions of this rule shall be determined by Method 311 (Determination of Percent Metal in Metallic Coatings by Spectrographic Method) in the SCAQMD's "Laboratory Methods of Analysis for Enforcement Samples" manual.

    (4) Flame Spread Index
    The flame spread index of a fire-retardant coating subject to the provisions of this rule shall be determined by ASTM Test Method E 84-91A (Standard Test Method for Surface Burning Characteristics of Building Material) after application to an organic or inorganic substrate, based on the manufacturer's recommendations.

    (5) Drying Times
    The set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating subject to the provisions of this rule shall be determined by ASTM Test Method D 1640 (Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature). The tack-free time of a coating subject to the provisions of this rule shall be determined by ASTM Test Method D 1640, according to the Mechanical Test Method.

    (6) Gloss Determination
    The gloss shall be determined by ASTM Test Method D 523 (Specular Gloss).

    (7) Equivalent Test Methods
    Other test methods determined to be equivalent after review by the staffs of the District, the California Air Resources Board, and the USEPA, and approved in writing by the District Executive Officer may also be used.

    (8) 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.

    (9) All test methods referenced in this subdivision shall be the version most recently approved by the appropriate governmental entities.

(f) Technology Assessment for Flats; Nonflats; Primers, Sealers, and Undercoaters; Quick-dry Primers, Sealers, and Undercoaters; Quick-dry Enamels; Waterproofing Wood Sealers; Stains; Floor; Rust Preventative; Industrial Maintenance Coatings; and Lacquer Coatings
The Executive Officer shall conduct:

    (1) A technology assessment for the future VOC limit for flat coatings as specified in paragraph (c)(2) by July 1, 2000 and July 1, 2007.

    (2) A technology assessment for the future VOC limit for lacquers specified in paragraph (c)(2) by January 1, 2004.

    (3) A technology assessment for the future VOC limit for nonflats; primers, sealers, and undercoaters; quick-dry primers, sealers, and undercoaters; quick-dry enamels; waterproofing wood sealers; stains floor, rust preventative, and industrial maintenance coatings as specified in paragraph (c)(2) by July 1, 2001 and July 1, 2005.

In conducting the above technology assessments, the Executive Officer shall consider any applicable future California Air Resources Board surveys on architectural coatings.

After each technology assessment, the Executive Officer shall report to the Governing Board as to the appropriateness of maintaining the future VOC limit.
The Executive Officer shall conduct a study to further assess reactivity of architectural coatings.

(g) Exemptions

    (1) The provisions of this rule shall not apply to:

    (2) Until July 1, 2002, architectural coatings recommended by the manufacturer for use solely as quick-dry primers, sealers and undercoaters, need not comply with the provisions of subdivision (c), so long as the manufacturer submits an annual report to the Executive Officer within three months of the end of each calendar year reporting the number of gallons of coatings sold in California under this exemption.

    (3) Notwithstanding the provisions of paragraph (c)(2), 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:

    (4) The January 1, 2005 VOC limit for lacquers shall not be applicable until January 1, 2007 and the July 1, 2008 VOC limit for flat coatings shall not be applicable to any manufacturer which meets all of the following criteria:

    For the purposes of determining the total gross annual receipts and the total number of employees, a manufacturer shall include data from all facilities (both within and outside of the District) which they own, operate, have an ownership interest, or are legally affiliated. If a manufacturer exceeds the criteria specified in subparagraphs (g)(4)(A) or (g)(4)(B) any time after the initial request is filed with the Executive Officer, this exemption shall be immediately terminated, the manufacturer shall forfeit any future eligibility for this exemption, and the manufacturer shall be considered in violation of this rule for each and every day that lacquers or flat coatings which do not comply with the respective VOC limit in the Table of Standards are supplied, sold, or offered for sale within the District. The loss of this exemption due to the manufacturer exceeding the criteria in subparagraphs (g)(4)(A) or (g)(4)(B) shall apply only to the manufacturer.

    (5) Manufacturers of recycled coatings must submit a letter to the Executive Officer certifying their status as a Recycled Paint Manufacturer. The manufacturer shall submit an annual report to the Executive Officer within three months of the end of the calendar year. The report shall include for each recycled coating, gallons repackaged and distributed in the District.

    (6) Manufacturers of rust preventative coatings shall submit an annual report to the Executive Officer within three months of the end of the calendar year. The report shall include for each rust preventative coating, the number of gallons sold in the District.

    (7) Essential Public Service Agencies shall submit an annual report to the Executive Officer within three months of the end of the calendar year. The report shall include for each essential public service coating, the number of gallons used in the District.

    (8) The provisions of paragraph (c) shall not apply to manufacturing facilities which apply coatings to test specimens for purposes of research and development of those coatings.

    (9) The July 1, 2006 VOC limit for nonflats, primers, sealers, and undercoaters, quick-dry enamels, and rust-preventative coatings shall not be applicable until July 1, 2008 to any manufacturer which meets all of the following criteria: (A) The total gross annual receipts are $5,000,000 or less, and

    (B) The total number of employees is 100 or less, and

    (C) The manufacturer requesting this exemption files a written request with the Executive Officer annually which includes, but is not limited to,

    (i) The total gross annual receipts for each of the last three years.

    (ii) The total number of employees for each of the last three years

For the purposes of determining the total gross annual receipts and the total number of employees, a manufacturer shall include data from all facilities (both within and outside of the District) which they own, operate, have an ownership interest, or are legally affiliated. If a manufacturer exceeds the criteria specified in subparagraphs (g)(9)(A) or (g)(9)(B) any time after the initial request is filed with the Executive Officer, this exemption shall be immediately terminated, the manufacturer shall forfeit any future eligibility for this exemption, and the manufacturer shall be considered in violation of this rule for each and every day that lacquers or flat coatings which do not comply with the respective VOC limit in the Table of Standards are supplied, sold, or offered for sale within the District. The loss of this exemption due to the manufacturer exceeding the criteria in subparagraphs (g)(9)(A) or (g)(9)(B) shall apply only to the manufacturer.

(10) Manufacturers of specialty primers shall submit an annual report to the Executive Officer within three months of the end of the calendar year. The report shall include for each specialty primer, the number of gallons sold in the District.



APPENDIX A: Averaging Provision

(A) 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:

  Undisplayed Graphic Undisplayed Graphic

Where:

Undisplayed Graphic = Actual Emissions

Undisplayed Graphic = Allowable Emissions

Gi = Total Gallons of Product (i) subject to Averaging;
Mi = Material VOC content of Product (i), as pounds per gallon; (as defined in paragraph (b)(21))
Vi = Percent by Volume Solids and VOC in Product I

Undisplayed Graphic= Undisplayed Graphic

    (as defined in paragraph (b)(20))
    For Non-Zero VOC Coatings:

= Undisplayed Graphic

  = For Zero VOC coatings:
    % solids by volume
Li = Regulatory VOC Content Limit for Product (i), as pounds per gallon; (as listed in paragraph (c)(2) Table of Standards)

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 of Standards. The manufacturer shall not include any quantity of coatings that it knows or should have known will not be used in the District.

(B) Averaging Program (Program)

At least six months prior to the start of the compliance period, manufacturers shall submit an Averaging Program, which is subject to all the provisions of Rule 221 - Plans and Rule 306 - Plan Fees, to the Executive Officer. 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.

(C) 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:

(D) Reporting Requirements

(E) 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 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.

(F) 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.

(G) Termination of a Program

(H) 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.

(I) Labeling

Each container of any coating that is included in averaging program, and that exceeds the applicable VOC limit in the Table of Standards shall display the following statement: "This product is subject to the averaging provisions of SCAQMD Rule 1113". A symbol specified by the Executive Officer may be used as a substitute.

(J) 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