National Volatile Or g anic Compound Emission Standards for Architectural Coatin g s Back g round for Promul g ated Standards E PA Air United States Environmental Protection Agency Office of Air Quality Planning and Standards Research Triangle Park NC 27711 EPA-453/R-98-006b August 1998 EPA-453/R-98-006b National Volatile Organic Compound Emission Standards for Architectural Coatings Background for Promulgated Standards (Architectural Coating Background Information Document) U.S. Environmental Protection Agency Office of Air and Radiation Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 27711 August 1998 ii Disclaimer This report has been reviewed by the Emission Standards Division of the Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, and approved for publication. Mention of trade names or commercial products is not intended to constitute endorsement or recommendation for use. Copies of this report are available through the Library Services Offices (MD-35), U.S. Environmental Protection Agency, Research Triangle Park, N.C. 27711, (919)541-2777, from National Technical Information Services, 5285 Port Royal Road, Springfield, Virginia 22161, (703)487-4650, or from the Internet (http://www.epa.gov/ttn/). iii TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 1-1 1.1 SUMMARY OF CHANGES SINCE PROPOSAL 1-1 1.1.1 Applicability and compliance dates 1-1 1.1.2 Definitions 1-1 1.1.3 VOC Content Limits 1-4 1.1.4 Overlap Concerns 1-4 1.1.5 Container labeling requirements 1-5 1.1.6 Variances provision 1-6 1.1.7 Tonnage Exemption 1-6 1.1.8 Exceedance Fee Option 1-6 1.1.9 Recordkeeping and Reporting 1-6 1.1.10 Compliance Provisions 1-6 1.1.11 Reorganization of Rule Text 1-7 2.0 SUMMARY OF PUBLIC COMMENTS AND RESPONSES 2-1 2.1 METHOD OF REGULATION 2-37 2.1.1 Section 183(e) Requirements 2-37 2.1.2 National Rule Versus Other Strategies . . 2-39 2.1.3 Miscellaneous 2-53 2.2 PROPOSED STANDARDS 2-55 2.2.1 Applicability of the Standards 2-55 2.2.1.1 General 2-55 2.2.1.2 Low-Volume Exemption 2-80 2.2.1.3 Small Container Exemption . . . 2-88 2.2.2 Processors as Regulated Entities 2-90 2.2.3 Definitions 2-94 2.2.3.1 General 2-94 2.2.3.2 Pigmented 2-95 2.2.3.3 Lacquers 2-95 2.2.3.4 Quick-dry Enamel 2-97 2.2.3.5 Traffic Marking Coating . . . 2-98 2.2.3.6 Sealer 2-99 2.2.3.7 Industrial Maintenance Coatings 2-99 2.2.3.8 High Temperature Coating . . . 2-103 2.2.3.9 Extreme High Durability Coating 2-103 2.2.3.10 Swimming Pool Coatings 2-104 2.2.3.11 Reformulation 2-104 2.2.3.12 Shellac 2-105 2.2.3.13 Flow Coating 2-107 2.2.3.14 Overlap Issues 2-108 2.2.4 Coating Categories and VOC Content Limits 2-124 2.2.4.1 General 2-125 2.2.4.2 Requests for New Categories . 2-143 2.2.4.3 Proposed Categories 2-192 TABLE OF CONTENTS (CONTINUED) Section Page iv 2.2.4.4 Recycled Coatings 2-242 2.2.5 Compliance Time Requirements 2-244 2.2.5.1 General 2-244 2.2.5.2 Small Business Compliance Time Extension 2-252 2.2.6 Labeling, Recordkeeping and Reporting . . 2-256 2.2.6.1 Labeling 2-256 2.2.6.2 Recordkeeping and Reporting . 2-268 2.2.7 Determination of Volatile Organic Compound Content 2-272 2.2.8 Variance Provisions 2-279 2.2.9 Clarifications 2-286 2.3 IMPACTS 2-289 2.3.1 Environmental and Energy 2-289 2.3.1.1 HAP Implications 2-289 2.3.1.2 Emission Reduction Estimate . . 2-290 2.3.1.3 Wastewater/Solid Waste Impacts 2-302 2.3.1.4 Energy Impacts 2-304 2.3.2 Cost/Economic 2-304 2.3.2.1 Reformulation Cost Estimate . . 2-304 2.3.2.2 Annual Cost to Industry 2-320 2.3.2.3 Costs not Considered 2-338 2.3.2.4 Cost-effectiveness 2-342 2.3.2.5 Disproportionate Impacts on Small Businesses 2-347 2.3.2.6 Effect of Rule on Competition . 2-360 2.3.2.7 Economic Hardship 2-367 2.3.2.8 Small Business Administration . 2-372 2.3.2.9 Definition of “Small Business” 2-373 2.3.2.10 Cost-Benefit Perspective . . . 2-375 2.3.2.11 Executive Order 12866, Small Business Regulatory Enforcement Fairness Act,Unfunded Mandates Reform Act 2-376 2.3.2.12 Adverse Socioeconomic and Related Impacts. 2-378 2.4 EXCEEDANCE FEE 2-381 2.4.1 Exceedance Fee Concept 2-381 2.4.2 Exceedance Fee Levels 2-389 2.4.3 Use of Collected Exceedance Fees 2-394 2.4.4 Exceedance Fee Recordkeeping and Reporting 2-395 2.5 REGULATORY NEGOTIATION 2-396 2.5.1 Section 183(e) Requirements and the Architectural Coatings Regulatory Negotiations 2-396 TABLE OF CONTENTS (CONTINUED) Section Page v 2.5.2 Regulatory Negotiations Committee Was Not Properly Constituted 2-400 2.5.3 Regulatory Negotiations Procedure 2-405 2.5.4 Miscellaneous 2-409 2.6 FUTURE STUDY 2-411 2.7 LEGAL ISSUES 2-420 2.7.1 Publication requirements of the Clean Air Act and the Administrative Procedure Act 2-420 2.7.2 Compliance With the Regulatory Flexibility Act (RFA) and the Small Business Regulatory Enforcement Fairness Act (SBREFA) 2-423 2.7.3 Unfunded Mandate Reform Act (UMRA) . . . 2-430 2.7.4 Environmental Justice 2-432 2.7.5 Executive Order 12866 2-434 2.7.6 The U.S. Constitution 2-436 2.7.6.1 Interstate Commerce Clause . . 2-436 2.7.6.2 Coating Manufacturers' First Amendment Rights (Freedom of Speech, Association) 2-438 2.7.6.3 Taking Under the Fifth Amendment 2-444 2.7.6.4 The Tenth Amendment (Delegation Powers) 2-450 2.8 OUTREACH 2-452 vi LIST OF TABLES Table Page 2-1 LIST OF COMMENTERS ON THE PROPOSED NATIONAL ARCHITECTURAL COATINGS RULE 2-2 2-2 CONCRETE CURING AND SEALING DATA 2-128 1-1 1.0 INTRODUCTION 1.1 SUMMARY OF CHANGES SINCE PROPOSAL Several changes have been made to the proposed rule as a result of public comments. The significant changes to the proposed rule are presented in this section. All of the changes made to the proposed rule and the rationale for these changes are discussed more fully in responses to comments in chapter 2 of this document. 1.1.1 Applicability and compliance dates The compliance date for manufacturers and importers of architectural coatings, except coatings registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 USC 136 et seq.) has been extended to 12 months after the date the final rule is published in the Federal Register. The compliance date for coatings registered under FIFRA is 18 months after publication of the final rule. 1.1.2 Definitions Several changes have been made in the definitions section: 1. Definitions for the following seven new coating categories have been added: calcimine recoaters, concrete curing and sealing compounds, concrete surface retarders, conversion varnishes, faux finishing, stain controllers, and zone markings. These categories are defined in section 2.2.4.2 of this document. 2. A sentence has been added to the definition of lacquer to clarify that lacquer stains must meet the volatile organic compound (VOC) content limit for stains rather than lacquers. Also, a definition for stains, including lacquer stains, has been added. 3. The term “community-based paint exchange” in the definitions section of the rule has been changed to 1-2 “paint exchange” to include other paint exchanges besides community-based ones, and the definition has been amended to exclude architectural coating manufacturers and importers. 4. The definition of “industrial maintenance coating” has been revised to reflect that the use of such a coating is intended for extreme environmental conditions in an industrial, commercial, or institutional setting. 5. In the definition of “shellac”, nitrocellulose has been excluded because of overlap with lacquers (the lacquer definition in the rule includes cellulosic or synthetic resins). 6. The definition of “extreme high durability coatings” has been expanded to include in this category lower VOC coatings, in addition to fluoropolymer-based coatings, that also meet the weathering requirements of the American Architectural Manufacturer’s Association (AAMA) Specification 605.2. 7. The definition of “pigmented” has been expanded to include the following properties of pigments: color, corrosion inhibition, conductivity, fouling resistance, opacity, and improved mechanical properties. 8. The minimum temperature requirement in the definition of “high temperature coating” has been lowered to 400 degrees F. to be consistent with industry practice and existing State architectural coating rules. 9. The definition of “anti-graffiti coating” has been amended to remove the phrase “specifically labeled as an anti-graffiti coating” to be consistent with labeling requirements for other coating categories. 10. A definition of “shop application” has been added to clarify that coatings applied in a shop setting or during a manufacturing process are not subject to the rule. 11. The definition of “coating” has been amended to remove reference to application as a film because the EPA did not intend to limit rule applicability based upon the product thickness as applied. Also, a sentence has been added to further clarify what coatings are regulated. The revised definition follows: “Coating means a material applied onto or impregnated into a substrate for protective, decorative or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealants, inks, maskants, and temporary coatings. Protective, decorative or 1-3 functional materials that consist only of solvents, acids, bases, or any combination of these substances are not considered coatings for the purpose of this subpart.” 12. The definition of “architectural coating” has been amended to exclude adhesives, coatings recommended solely for shop application, and coatings recommended solely for application to non-stationary structures, such as airplanes, ships, boats and railcars because they were not intended to be covered. Also, definitions of “adhesive” and “shop application” have been added to the rule for further clarification. 13. A definition of “United States” has been added to clarify that the rule applies to the 50 States, the District of Columbia, and United States territories. 14. The definitions of “importer” and “manufacturer” have been amended to clarify that any person who repackages a coating by transferring it from one container to another is excluded from these definitions, provided the coating VOC content is not altered and the coating is not sold or distributed to another party. Also, a sentence has been added in these definitions for further clarification of applicability and a definition of "person" has been added to clarify its use in these definitions. 15. Definitions of “imported” and “manufactured” have been added to clarify the point at which an architectural coating becomes subject to the requirements in the rule. 16. The definition of “graphic arts coating” has been revised to delete the reference to “in shop” since shop applications are not regulated under this rule. 17. In the definition of “floor coating”, the word “opaque” has been added to further define these coatings, and a definition of “opaque” has been added to the rule. In addition, the words “in a residential setting” have been added to distinguish coatings meant to be subject to the 400 g/l limit for floor coatings from those floor coatings intended for use in an industrial, institutional, or commercial setting, which would be subject to the 450 g/l limit for industrial maintenance coatings. 18. Although there were no comments on the definition of "sale" in the Definitions section of the proposed rule, the Agency deleted this term because it was unnecessary. [...]... are recommended for use as floor coatings are only subject to the VOC content limit for varnishes and conversion varnishes, respectively 2 Anti-graffiti coatings, high temperature coatings, impacted immersion coatings, thermoplastic rubber coatings and mastics, repair and maintenance thermoplastic coatings, and flow coatings that also meet the definition for industrial maintenance coatings are only... to the VOC content limit for antenna coatings 8 Bituminous coatings and mastics that are recommended for use as any other architectural coating are subject only to the limit for bituminous coatings and mastics 1.1.5 Container labeling requirements 1 The proposed labeling requirements were amended to clarify that to meet the labeling requirements for containers of architectural coatings, manufacturers... definition for lacquers are only subject to the VOC content limit for nonferrous ornamental metal lacquers and surface protectants 6 Quick-dry primers, sealers, and undercoaters that also meet the definition for primers and undercoaters are only subject to the VOC content limit for quick-dry primers, sealers, and undercoaters 7 Antenna coatings that also meet the definition for industrial maintenance coatings. .. market non-compliant coatings while they develop compliant or new coatings This provision is a market-based incentive to encourage manufacturers and importers to develop compliant coatings while at the same time recognizing that for some manufacturers of some coatings, additional time is needed 1.1.9 Recordkeeping and Reporting Recordkeeping and reporting requirements have been included for manufacturers... 44711 IV-D-154 Mr James K Crawford General Manager EDOCO 22039 South Westward Avenue Long Beach, California 90810-1681 2-21 TABLE 2-1 LIST OF COMMENTERS ON THE PROPOSED NATIONAL ARCHITECTURAL COATINGS RULE (CONTINUED) Docket Number Commenter and affiliation IV-D-155 Mr Robert E Mitchell Chairman of the Board Dunn-Edwards Corporation 4885 East 52nd Place Los Angeles, California 90040 IV-D-156 Mr Christopher... understanding 1-7 2.0 SUMMARY OF PUBLIC COMMENTS AND RESPONSES The U.S Environmental Protection Agency (EPA) received a total of 243 letters commenting on the proposed standards and the background information document (BID) for the proposed standards The EPA held a public hearing on July 30, 1996 in Durham, North Carolina, at which 19 commenters presented oral comments In addition, the EPA held a public... 43216-0899 2-5 TABLE 2-1 LIST OF COMMENTERS ON THE PROPOSED NATIONAL ARCHITECTURAL COATINGS RULE (CONTINUED) Docket Number Commenter and affiliation IV-D-25 Mr Robert Senior Wm Zinsser & Company, Inc 39 Belmont Drive Somerset, New Jersey 08875-1285 IV-D-26 Mr Alaistair MacDonald CEO Specialty Coatings & Chemicals, Inc 7360 Varna Avenue North Hollywood, California 91605 IV-D-27 Mr T Leon Everett President &... TABLE 2-1 LIST OF COMMENTERS ON THE PROPOSED NATIONAL ARCHITECTURAL COATINGS RULE (CONTINUED) Docket Number Commenter and affiliation IV-D-49 Mr Edward D Edwards Owner Dunn-Edwards Corporation 4885 East 52nd Place Los Angeles, California 90040 IV-D-50 Mr Robert E Mitchell Chairman of the Board Dunn-Edwards Corporation 4885 East 52nd Place Los Angeles, California 90040 IV-D-51 Mr Richard B Cunningham... Place Los Angeles, California 90040 IV-D-56 Mr Matthew G Martinez, Michael Bilirakis, Julian C Dixon, and Lucille Roybal-Allard United States House of Representatives 2442 Rayburn Building Washington, DC 20515 2-9 TABLE 2-1 LIST OF COMMENTERS ON THE PROPOSED NATIONAL ARCHITECTURAL COATINGS RULE (CONTINUED) Docket Number Commenter and affiliation IV-D-57 C.W Glover Chief Counsel for Advocacy U.S Small... THE PROPOSED NATIONAL ARCHITECTURAL COATINGS RULE (CONTINUED) Docket Number Commenter and affiliation IV-D-99 Mr Dave J McVey D & M Striping 6437 South Kedvale Chicago, Illinois 60629 IV-D-100 Mr David Bollinger Cascade Pacific Floor Distributors, Inc 5021 S.E 26th Avenue Portland, Oregon 97202 IV-D-101 Mr Ned B Kisner President Triangle Coatings, Inc 1930 Fairway Drive San Leandro, California 94577 . National Volatile Or g anic Compound Emission Standards for Architectural Coatin g s Back g round for Promul g ated Standards E PA Air United. and Standards Research Triangle Park NC 27711 EPA-453/R-98-006b August 1998 EPA-453/R-98-006b National Volatile Organic Compound Emission Standards for Architectural