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PROPOSAL:
Amend Rule 1113 - Architectural Coatings
SYNOPSIS:
The proposed amendments to Rule 1113 - Architectural Coatings amend the
definition of metallic pigmented coatings to remove reference to mica to be
consistent with the federal architectural coating rule, update the test method
used to determine the weight percent of elemental metal in metallic coatings to
reflect current practice, and delete obsolete language.
COMMITTEE:
Stationary Source, February 23, 2007, March 23, 2007 and May 25, 2007,
Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Certifying the Notice of Exemption for Proposed Amended Rule 1113 –
Architectural Coatings; and
- Amending Rule 1113 – Architectural Coatings.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
Rule 1113 – Architectural Coatings was first adopted in 1977 and has been
amended numerous times. It is applicable to manufacturers, distributors, and
end-users of architectural coatings. In November 1996, the Board amended Rule
1113 to include an averaging compliance provision as a flexibility option
providing a more cost-effective and flexible approach for manufacturers to
transition compliant product lines into the marketplace. To use the Averaging
Compliance Option (ACO) successfully, a manufacturer must be able to distribute
sufficient volumes of products with VOC content below applicable limits in order
to offset the excess emissions from products with VOC content above the limits.
One limitation of the ACO is that a manufacturer is required to have a broad
array of commercial products, with sufficient volume of sales of products that
are below the applicable VOC limit.
One manufacturer, affected by the limitation of the ACO described above,
recently requested that the Stationary Source Committee, a subcommittee of the
Board, direct staff to prepare amendments to Rule 1113 to remove the specialty
primer category from the ACO provision because they were at a competitive
disadvantage. The Stationary Source Committee, as a result of these discussions,
directed staff to propose an amendment to Rule 1113 – Architectural Coatings to
remove specialty primers from the ACO provision. After staff commenced rule
making and subsequent to the Stationary Source Committee’s direction to staff,
the manufacturer withdrew its request. The Stationary Source Committee then
directed staff to not include the original request as a part of the proposed
amendments.
However, in unrelated matters, during implementation of recent amendments to
the rule, it became apparent that by adding mica to the definition of metallic
pigmented coatings it is improperly less restrictive than the federal definition
and a correction to delete mica from the definition is therefore necessary.
Staff also became aware that the test method in the rule used to determine the
metal content of metallic pigmented coatings was outdated. In addition, during
the public outreach it was pointed out that a sentence in the Appendix to the
Rule is obsolete and therefore it is proposed to be deleted.
The proposed amendments do not affect air quality or emissions and have no
cost impact.
Proposal
Staff is proposing the following amendments to clarify issues related to rule
implementation.
- Amend the definition of metallic pigmented coatings to make it consistent
with the federal Architectural and Industrial Maintenance (AIM) Coatings rule.
- Update the test method used to determine the weight percent of elemental
metal in metallic coatings, to reflect current practice.
- Delete obsolete sentence from Appendix A, Section A of the rule.
Emission Inventory and Emission Reduction
There is no change in emission inventory or emission reduction associated
with the proposed amendments.
Cost-Effectiveness
There will be no additional compliance cost associated with the proposed
changes; therefore, a cost-effectiveness and an incremental cost-effectiveness
analysis are not applicable.
CEQA
The AQMD has reviewed the proposed project pursuant to State CEQA Guidelines
§15002 (k)(1). Since the proposed amendments to Rule 1113 only address clarity
and enforceability and it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the project is exempt from the requirements of CEQA, pursuant to
state CEQA Guidelines §15061(b)(3). A Notice of Exemption has been prepared in
accordance with state CEQA Guidelines §15062 for the proposed project and will
be filed with the county clerks immediately following the adoption of the
proposed amendments to the rule. A copy of that notice has been included as
Attachment G of this letter.
Socioeconomic Analysis
The proposed amendments do not affect air quality or emissions limitations.
Therefore, a socioeconomic assessment is not necessary or required.
AQMP and Legal Mandates
The proposed amendment to the definition of metallic pigmented coatings to
make it no less stringent than the federal rule for architectural and industrial
maintenance coatings is necessary for Rule 1113 to be approvable by U.S. EPA for
inclusion into the SIP. Moreover, California State law requires AQMD to enforce
federal standards.
Implementations and Resources
Existing AQMD resources will be sufficient to implement the proposed changes
to this rule with minimal impact on the budget.
Attachments (EXE 3.34mb)
- Summary of Proposed Amendments
- Rule Development Process Flow Chart
- Key Contacts
- Resolution
- Rule Language
- Staff Report
- CEQA – Notice of Exemption
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