The South Coast Air Quality Management District will ask the state Supreme Court to review a lower court ruling that strikes down a major clean air regulation reducing emissions from house paints and other coatings.
Last month, as the result of an appeal filed by the National Paint & Coatings Association, Inc., the Fourth Appellate District Court of Appeal in Santa Ana ruled that AQMD in May 1999 had not properly adopted amendments to its Rule 1113, which further reduced smog-forming ingredients in architectural coatings.
"Architectural coatings are one of the largest sources of smog-forming emissions in our region," said Barry Wallerstein, AQMD’s executive officer.
"This legal action is another attempt by the paint industry to shirk its corporate responsibility to help clean up Southern California’s smog."
AQMD intends to submit an appeal – formally known as a petition for review -- to the state Supreme Court within the next seven days. In addition, the agency already has started laying the groundwork to readopt its Rule 1113.
The rule is a key element in AQMD’s clean air strategy since architectural coatings contribute more than 50 tons per day of volatile organic compounds (VOCs) – five times the amount emitted by all of the area’s oil refineries. VOCs combine with oxides of nitrogen from combustion sources to form ozone, one of the region’s most harmful pollutants.
Following a public hearing on May 14, 1999, AQMD adopted amendments to its Rule 1113 to further reduce the amount of VOCs in paints, varnishes and other coatings. AQMD estimated the amendments would reduce nearly 22 tons per day of VOCs when all provisions took effect.
A few days prior to the May 1999 public hearing, representatives of small paint manufacturers requested additional time to comply with the rule. In addition, essential public service providers, such as wastewater treatment plants and water agencies, requested a higher VOC limit for an interim compliance date in 2002. (The final compliance limit in 2006 was not changed.) AQMD’s Board deemed their requests justified and incorporated them into the amendments adopted.
If the state Supreme Court grants AQMD’s petition for review, the 1999 amendments to the coatings rule will remain in effect. If the court denies AQMD’s petition for review, the appellate court will instruct the trial court to order AQMD to vacate the 1999 rule amendments. The 1996 version of the rule with the 2001 amendments would remain in effect.
"AQMD’s architectural coatings rule is a major tool in our arsenal against smog," Wallerstein said. "We intend to pursue all measures to ensure we can use this rule to protect the public’s health."
AQMD is the air pollution control agency for Orange County and major portions of Los Angeles, San Bernardino and Riverside counties.
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This page updated: April 09, 2004
URL: http://www.aqmd.gov/news1/paint_appeal.htm