BOARD MEETING
DATE: January 12, 1996
AGENDA NO. 26
PROPOSAL: Rescind: Rule 1129 - Aerosol Coatings
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
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
volatile organic compound (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:
1. Approve the Notice of Exemption for Rules 1106.1, 1107, 1128, 1129, 1130, 1145, and 1151.
2. Rescind Rule 1129 - Aerosol Coatings.
3. Amend Rules 1106.1, 1107, 1128, 1130, 1145, and
1151.
James M. Lents, Ph.D.
Executive Officer
PL:JB:MLK:AHB
(i:\stream\1129\bdletx2.doc)
Background
Rule 1129 - Aerosol Coatings, and associated coating
rule amendments were adopted November 2, 1990, to reduce VOC 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 Coating 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 coating 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 Coating 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
AQMD Staff has reviewed the proposed project pursuant
to state CEQA Guidelines Section 15002(k)(1). The proposed recission
implements currently existing state law over which the AQMD has
no discretionary authority. Therefore, the project is exempt from
the requirements of CEQA pursuant to state CEQA Guidelines Section
15268. In addition, the project does not have the potential to
adversely impact the environment and is exempt pursuant to state
CEQA Guidelines section 15061(b)(3).
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
Summary of Proposed Amendments
Rule Development Flow Chart
Resolution
Notice of Exemption from CEQA
Rule Language
Staff Report