BOARD MEETING DATE: June 4, 2010
AGENDA NO. 35

PROPOSAL:

Amend Rule 1143 – Consumer Paint Thinners and Multi-Purpose Solvents

SYNOPSIS:

On April 1, 2010, the Los Angeles County Superior Court kept Rule 1143 in effect with the exception of the final VOC limit of 25 g/L for consumer paint thinners and multi-purpose solvents. Staff is proposing to rescind the 25 g/L VOC limit to comply with the judgment and writ issued. This proposed amendment will result in foregoing 3.81 tons per day of VOC emission reductions. Staff plans to readopt the 25 g/L VOC limit subsequent to addressing the CEQA-related issues raised by the Court.

COMMITTEE:

Stationary Source, April 16, 2010, Reviewed

RECOMMENDED ACTIONS:

Adopt the resolution:

1. Certifying the Notice of Exemption for Proposed Amended Rule 1143 – Consumer Paint Thinners and Multi-Purpose Solvents; and

2. Amending Rule 1143 - Consumer Paint Thinners and Multi-Purpose Solvents

 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Rule 1143 – Consumer Paint Thinners and Multi-purpose Solvents was adopted on March 6, 2009 to limit the VOCs from paint thinners and multi-purposes solvents in two time increments; a maximum VOC limit of 300 or less grams per liter by January 1, 2010
and a further reduction down to 25 g/L VOC on January 1, 2011, with a one-year sell-through period. Staff calculated the emission reductions for the first limit, effective January 1, 2010, at 5.94 tons per day and the final limit, effective January 1, 2011, at 3.81 tons per day which provided an aggregate total reduction of 9.75 tons of VOC emissions by year 2012.

On April 1, 2009, W.M. Barr filed a challenge to the rule alleging numerous violations of CEQA and the District’s certified regulatory program codified in District Rule 110. The court rejected these claims except that it found that the CEQA document inadequately analyzed the potential substitution of mineral spirits with the more flammable VOC exempt compound acetone. In response, the District filed a notice to limit the court remedy. On April 1, 2010, the District’s motion was granted in part, but the judgment and writ requires the District to vacate the final VOC limits of 25 g/L, and prepare a CEQA document that addresses the fire hazard issue.

Affected Facilities

The facilities subject to the proposed amended rule include suppliers, distributors and retailers of consumer paint thinners and multi-purpose solvents and anyone who uses or solicits the use of any consumer paint thinner and multi-purpose solvent within the District.

Proposal

Staff proposes to rescind the January 1, 2011 25 g/L VOC limit set forth in Rule 1143 for paint thinners and multi-purpose solvents to comply with the judgment and writ issued. Staff, however, plans to readopt the 25 g/L VOC limit subsequent to addressing CEQA-related flammability issues with the use of acetone, as required by the court.

Emissions Forgone

This proposed amendment will result in foregoing 3.81 tons per day of VOC emission reductions, beginning January 1, 2011. However, prior to that date, staff will be proposing another amendment to Rule 1143 to reinstate the rescinded limit if justified. 

AQMP and Legal Mandates

This amendment to Rule 1143 is to comply with a judgment and writ issued by the Los Angeles Superior Court.

California Environmental Quality Act (CEQA)

SCAQMD staff has reviewed the proposed project pursuant to CEQA Guidelines §15002 (k)(1), the first step of a three-step process for deciding which document to prepare for a project subject to CEQA. Based upon staff’s review, it has been determined that the proposed amendments are exempt from CEQA pursuant to CEQA Guidelines §15268 – Ministerial Projects. Because the SCAQMD has no discretion with regard to the proposed project, it is considered to be ministerially exempt.

A Notice of Exemption has been prepared pursuant to CEQA Guidelines §15062 - Notice of Exemption. If approved, the Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties.

Socioeconomic Impact Assessment

The proposed amendment to Rule 1143 rescinds the final VOC limit of 25 g/L for consumer paint thinners and multi-purpose solvents, and this action will reduce the resulting socioeconomic impacts previously analyzed during the March 6, 2009 adoption. 

Implementation and Resource Impacts

Staff believes that the implementation and enforcement of the Proposed Amended Rule at both the manufacturer and retail levels can be conducted with existing resources.

ATTACHMENTS: (EXE, 116k)

A. Summary of Proposed Amended Rule

B. Rule Development Process

C. Key Contacts List

D. Resolution

E. Proposed Amended Rule Language

F. CEQA – Notice of Exemption (NOE)