BOARD MEETING

DATE: November 17, 1995

AGENDA NO. 7

PROPOSAL:

Set a Public Hearing to Rescind Rule 1129 - Aerosol Coatings, and Amend Rule 1106.1 - Pleasure Craft Coating Operations, Rule 1107 - Coating of Metal Parts and Products, Rule 1128 - Paper, Fabric, and Film Coating Operations, Rule 1130 - Graphic Arts, Rule 1145 - Plastic, Rubber, and Glass Coatings, and Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations

SYNOPSIS:

The rescinding of Rule 1129 and proposed amendment of the other coating rules are necessary to make AQMD rules consistent with Section 41712 of the state Health and Safety Code which prohibits local districts from enforcing or regulating VOC limits on aerosol coatings. In addition, the proposed amendment of the definition of "exempt compounds" in each rule will reference Rule 102 - Definition of Terms, to provide a consistent definition between rules.

RECOMMENDED ACTION:

Set a public hearing December 7, 1995, to Rescind Rule 1129 - Aerosol Coatings, and Amend Rule 1106.1 - Pleasure Craft Coating Operations, Rule 1107 - Coating of Metal Parts and Products, Rule 1128 - Paper, Fabric, and Film Coating Operations, Rule 1130 - Graphic Arts, Rule 1145 - Plastic, Rubber, and Glass Coatings, and Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations.

James M. Lents, Ph.D.

Executive Officer

Background

Rule 1129 - Aerosol Coatings, and associated coating rule amendments were adopted November 2, 1990, to reduce volatile organic compound emissions from aerosol coatings. Subsequently, Dunn Edwards Corporation and two groups of aerosol paint manufacturers each filed a lawsuit challenging the Rule 1129 adoption and other amendments on numerous grounds. While the Los Angeles County Superior Court ruled in favor of the plaintiffs in July of 1991, suspending Rule 1129 and the associated amendments, the AQMD prevailed in its appeal in May of 1993, allowing the reinstatement.

In October of 1993, the state legislature adopted amendments to the State Health and Safety Code Section 41712, requiring the California Air Resources Board (CARB) to adopt an aerosol paint regulation and prohibiting local districts from adopting and enforcing local aerosol paint regulations. Subsequently, CARB adopted a statewide Aerosol Coatings Products Rule on March 23, 1995.

Proposal

To be consistent with state law, staff proposes to rescind Rule 1129 and to amend Rules 1106.1, 1107, 1128, 1130, 1145 and 1151 to exempt aerosol coatings products (aerosol coating products do not include aerosol adhesives.) Additionally, staff is proposing language to adopt the CARB definition of "aerosol coating products" in order to provide rule consistency with the recently-adopted CARB Aerosol Coatings Products Rule. Finally, staff proposes to amend the definition of "exempt compounds" in each rule to reference its definition in Rule 102 - Definition of Terms, which already controls in the event of a conflict in the rules.

AQMP

The proposed amendments have no impact on emissions, and are consistent with the AQMP.

CEQA & Socioeconomic Analysis

Staff has analyzed the proposed rule amendments and has found there will be no impact on emission limits or air quality due to these proposed changes. The proposed rule changes regarding aerosol coatings are mandated by state law. The proposed amendments regarding the definition of exempt compounds simply clarify the existing rule requirements. Due to the limited nature of the amendments, no socioeconomic assessment is required. The amendments will not have any effect on the cost of compliance with the amended rules.

Staff has reviewed the proposed rescinding of Rule 1129 and the proposed amendments to Rules 1106.1, 1107, 1128, 1130, 1145, and 1151, and has determined that they are exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15061(b)(1) and (b)(3). Therefore, a Notice of Exemption will be prepared for the proposed amendments and will be filed with the county clerks immediately following the adoption of the proposed amendments.

Attachments

A. Staff Report

B. Rule Language

PL:JB:RRP:MLK:AHB

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