BOARD MEETING DATE: September 10, 2010
AGENDA NO. 13

PROPOSAL:

Authorize Funds for Coatings and Solvents Acquisition 

SYNOPSIS:

Architectural coatings and solvent usage contribute over 40 tons per day of VOC emissions under the regulatory authority of the AQMD. Compliance reviews and investigations require the acquisition of coatings and solvents from various points of sale with an associated cost. This action is to authorize $50,000 from Rule 314 - Fees for Architectural Coatings for the purchase of products relative to compliance activities.

COMMITTEE:

Administrative, July 16, 2010, Recommended for Approval

RECOMMENDED ACTION:

Authorize $50,000 of the Rule 314 fees collected in FY 2010-11 to be used by Planning, Rule Development and Area Sources for the acquisition of coatings and solvents from retail points of sale and other distribution centers.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Area Sources of emissions, including architectural coatings, solvent usage, and solvent cleaning, are the largest source categories of volatile organic compound (VOC) emissions under the regulatory authority of the South Coast Air Quality Management District (AQMD) and one of the largest non-mobile sources of VOC emissions in the South Coast Air Basin (Basin) contributing over 40 tons per day. More than 23 tons per day of VOC emissions result from architectural coatings applications alone, a significant contributor of ozone formation in the Basin, which continues to be a critical component for attainment of Federal and State standards. Rule 1113 – Architectural Coatings, mandates VOC limits in the AQMD and is applicable to manufacturers, distributors, specifiers and end-users of architectural coatings. These coatings are used to enhance the appearance of and to protect homes, office buildings, factories and other structures, and their appurtenances on a variety of substrates. The coatings are applied by homeowners, painting contractors, or maintenance personnel primarily by brush, roller, or spray guns. Rule 1171 - Solvent Cleaning Operations requires the use of low-VOC materials to reduce VOC emissions from solvent cleaning activities related to the use of architectural coatings. The combination of all cleaning activities and all other non-permitted solvent usage contribute more than 7 tons per day of VOC emissions.

Consumer products are the largest source of VOC emissions that need to be reduced to meet federal and state air quality standards. More than 100 tons per day of VOC result from the use of consumer products. While consumer products fall under the purview of CARB, the AQMD does have the regulatory authority over any category that is currently not being regulated. Therefore, Rule 1143 – Multipurpose Solvents and Paint Thinners, was adopted in March 2009 to limit the VOC content of materials, and is expected to further reduce VOC emissions by 9.8 tons per day by 2012. Staff is continuing to work with CARB to explore additional opportunities to reduce VOC emissions from consumer products. 

Rule 314 – Fees for Architectural Coatings, adopted on June 8, 2006, was developed to recover the cost of regulating architectural coatings with a focus on enhancing the compliance program. This cost recovery has resulted in the use of additional inspectors to conduct field compliance activities associated with coating sales and uses, often requiring the purchase of products presumed to be non-compliant. For example, AQMD inspectors may purchase multiple containers of paints from various retail outlets or multiple locations of the same vendor, as well as other points of distribution where they suspect rule infractions. Some products may be purchased simply to confirm rule compliance.

Proposal

Staff is proposing to authorize $50,000 from the Rule 314 fees collected in FY 2010-11 to be used by Planning, Rule Development and Area Sources for the acquisition of coatings and solvents from retail points of sale and other distribution centers to continue the compliance activities and support investigations of potential non-compliance.