subpart b national volatile or- ganic compound emission...

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40 CFR Ch. I (7–1–01 Edition)§ 59.100

Subpart C—National Volatile OrganicCompound Emission Standards forConsumer Products

59.201 Applicability and designation of regu-lated entity.

59.202 Definitions.59.203 Standards for consumer products.59.204 Innovative product provisions.59.205 Labeling.59.206 Variances.59.207 Test methods.59.208 Charcoal lighter material testing pro-

tocol.59.209 Recordkeeping and reporting require-

ments.59.210 Addresses of EPA Regional Offices.59.211 State authority.59.212 Circumvention.59.213 Incorporations by reference.59.214 Availability of information and con-

fidentiality.

TABLE 1 TO SUBPART C—VOC CONTENT LIMITSBY PRODUCT CATEGORY

TABLE 2 TO SUBPART C—HVOC CONTENT LIM-ITS FOR UNDERARM DEODORANTS AND UN-DERARM ANTIPERSPIRANTS

APPENDIX A TO SUBPART C OF PART 59—FIG-URES

Subpart D—National Volatile OrganicCompound Emission Standards for Ar-chitectural Coatings

59.400 Applicability and compliance dates.59.401 Definitions.59.402 VOC content limits.59.403 Exceedance fees.59.404 Tonnage exemption.59.405 Container labeling requirements.59.406 Compliance provisions.59.407 Recordkeeping requirements.59.408 Reporting requirements.59.409 Addresses of EPA Offices.59.410 State authority.59.411 Circumvention.59.412 Incorporations by reference.59.413 Availability of information and con-

fidentiality.

APPENDIX A TO SUBPART D OF PART 59—DE-TERMINATION OF VOLATILE MATTER CON-TENT OF METHACRYLATE MULTICOMPONENTCOATINGS USED AS TRAFFIC MARKINGCOATINGS

TABLE 1 TO SUBPART D—VOLATILE ORGANICCOMPOUND (VOC) CONTENT LIMITS FORARCHITECTURAL COATINGS

AUTHORITY: 42 U.S.C. 7511b(e).

SOURCE: 64 FR 48815, Sept. 11, 1998, unlessotherwise noted..

Subpart A—[Reserved]

Subpart B—National Volatile Or-ganic Compound EmissionStandards for Automobile Re-finish Coatings

§ 59.100 Applicability and designationof regulated entity.

(a) The provisions of this subpartapply to automobile refinish coatingsand coating components manufacturedon or after January 11, 1999 for sale ordistribution in the United States.

(b) Regulated entities are manufac-turers and importers of automobile re-finish coatings or coating componentsthat sell or distribute these coatings orcoating components in the UnitedStates.

(c) The provisions of this subpart donot apply to automobile refinish coat-ings or coating components meetingthe criteria in paragraphs (c)(1)through (c)(6) of this section.

(1) Coatings or coating componentsthat are manufactured (in or outsidethe United States) exclusively for saleoutside the United States.

(2) Coatings or coating componentsthat are manufactured (in or outsidethe United States) before January 11,1999.

(3) Coatings or coating componentsthat are manufactured (in or outsidethe United States) for use by originalequipment manufacturers.

(4) Coatings that are sold in non-refillable aerosol containers.

(5) Lacquer topcoats or their compo-nents.

(6) Touch-up coatings.

§ 59.101 Definitions.Adhesion promoter means a coating

designed to facilitate the bonding of aprimer or topcoat on surfaces such astrim moldings, door locks, and doorsills, where sanding is impracticable,and on plastic parts and the edges ofsanded areas.

Administrator means the Adminis-trator of the United States Environ-mental Protection Agency (U.S. EPA)or an authorized representative.

Automobile means passenger cars,vans, motorcycles, trucks, and allother mobile equipment.

Automobile refinish coating componentmeans any portion of a coating, such as

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Environmental Protection Agency § 59.101

a reducer or thinner, hardener, addi-tive, etc., recommended (by its manu-facturer or importer) to distributors orend-users for automobile refinishing.The raw materials used to produce thecomponents that are mixed by the end-user to prepare a coating for applica-tion are not considered automobile re-finish coating components. Any ref-erence to automobile refinishing madeby a manufacturer or importer on acontainer or in product literature con-stitutes a recommendation for auto-mobile refinishing.

Automobile refinish coating or coatingcomponent importer, or importer, meansany company, group, or individual thatbrings automobile refinish coatings orcoating components from a locationoutside the United States into theUnited States for sale or distributionin the United States.

Automobile refinish coating or coatingcomponent manufacturer, or manufac-turer, means any company, group, orindividual that produces or packagesautomobile refinish coatings or coatingcomponents for sale or distribution inthe United States, including an entitywhich produces or packages such coat-ings or coating components under aprivate label for another party.

Automobile refinishing means the proc-ess of coating automobiles or theirparts, including partial body collisionrepairs, that is subsequent to the origi-nal coating applied at an automobileoriginal equipment manufacturingplant.

Container means the individual recep-tacle that holds a coating or coatingcomponent for storage and distribu-tion.

Cut-in, or jambing, clearcoat means afast-drying, ready-to-spray clearcoatapplied to surfaces such as door jambsand trunk and hood edges to allow forquick closure.

Elastomeric coating means a coatingdesigned for application over flexibleparts, such as elastomeric bumpers.

Exempt compounds means specific or-ganic compounds that are not consid-ered volatile organic compounds due tonegligible photochemical reactivity.The exempt compounds are specified in§ 51.100(s) of this chapter.

Hardener means a coating componentspecifically designed to promote a fast-er cure of an enamel finish.

Impact-resistant coating means a coat-ing designed to resist chipping causedby road debris.

Label means any written, printed, orgraphic matter affixed to or appearingupon any automobile refinish coatingor coating component container orpackage for purposes of identifying orgiving information on the product, useof the product, or contents of the con-tainer or package.

Lacquer means a thermoplastic coat-ing which dries primarily by solventevaporation, and which is resoluble inits original solvent.

Low-gloss coating means a coatingwhich exhibits a gloss reading less thanor equal to 25 on a 60° glossmeter.

Mixing instructions means the coatingor coating component manufacturer’sor importer’s specification of the quan-tities of coating components for mix-ing a coating.

Mobile equipment means any equip-ment that is physically capable ofbeing driven or drawn upon a highwayincluding, but not limited to, the fol-lowing types of equipment: construc-tion vehicles (such as mobile cranes,bulldozers, concrete mixers); farmingequipment (wheel tractor, plow, pes-ticide sprayer); hauling equipment(truck trailers, utility bodies, campershells); and miscellaneous equipment(street cleaners, golf carts).

Multi-colored topcoat means a topcoatthat exhibits more than one color, ispackaged in a single container, andcamouflages surface defects on areas ofheavy use, such as cargo beds and othersurfaces of trucks and other utility ve-hicles.

Pretreatment wash primer means aprimer that contains a minimum of 0.5percent acid, by weight, that is applieddirectly to bare metal surfaces to pro-vide corrosion resistance and to pro-mote adhesion of subsequent coatings.

Primer means any coating appliedprior to the application of a topcoat forthe purpose of corrosion resistance and/or adhesion.

Primer-sealer means any coating ap-plied prior to the application of a top-coat for the purpose of corrosion resist-ance, adhesion of the topcoat, and/or


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40 CFR Ch. I (7–1–01 Edition)§ 59.102

color uniformity and to promote theability of an undercoat to resist pene-tration by the topcoat.

Primer-surfacer means any coating ap-plied prior to the application of a top-coat for the purpose of filling surfaceimperfections in the substrate, corro-sion resistance, and/or adhesion of thetopcoat.

Reducer means any solvent used tothin enamels.

Underbody coating means a coatingdesigned for protection and sound dead-ening that is typically applied to thewheel wells and underbody of an auto-mobile.

Single-stage topcoat means a topcoatconsisting of only one coating.

Specialty coatings means adhesionpromoters, low-gloss coatings, brightmetal trim repair coatings, jambing(cut-in) clearcoats, elastomeric coat-ings, impact resistant coatings,underbody coatings, uniform finishblenders, and weld-through primers.

Thinner means any solvent used toreduce the viscosity or solids contentof a coating.

Three-stage topcoat means a topcoatcomposed of a pigmented basecoat, amidcoat, and a transparent clearcoat.

Topcoat means any coating or seriesof coatings applied over a primer or anexisting finish for the purpose of pro-tection or beautification.

Touch-up coating means a coating ap-plied by brush, air-brush, or nonrefill-able aerosol can to cover minor surfacedamage.

Two-stage topcoat means a topcoatconsisting of a pigmented basecoat anda transparent clearcoat.

Uniform finish blender means a coat-ing designed to blend a repaired top-coat into an existing topcoat.

United States means the UnitedStates of America, including the Dis-trict of Columbia, Puerto Rico, theVirgin Islands, Guam, AmericanSamoa, and Commonwealth of theNorthern Mariana Islands.

Volatile organic compounds or VOCmeans any compound of carbon, otherthan those organic compounds that theAdministrator has excluded in 40 CFRpart 51, § 51.100 from this definition.

VOC content means the weight ofVOC per volume of coating, calculated

according to the procedures in§ 59.104(a) of this subpart.

Water hold-out coating means a coat-ing applied to the interior cavity areasof doors, quarter panels and rockerpanels for the purpose of corrosion re-sistance to prolonged water exposure.

Weld-through primer means a primerthat is applied to an area before weld-ing is performed, and that provides cor-rosion resistance to the surface afterwelding has been performed.

§ 59.102 Standards.(a) Except as provided in § 59.106 of

this subpart, any coating resultingfrom the mixing instructions of a regu-lated entity must meet the VOC con-tent limit given in table 1 of this sub-part. VOC content is determined ac-cording to § 59.104(a).

(b) Different combinations or mixingratios of coating components con-stitute different coatings. For example,coating components may be mixed oneway to make a primer, and mixed an-other way to make a primer sealer.Each of these coatings must meet itscorresponding VOC content limit intable 1 of this subpart. If the samecombination and mixing ratio of coat-ing components is recommended by aregulated entity for use in more thanone category in table 1 of this subpart,then the most restrictive VOC contentlimit shall apply.

§ 59.103 Container labeling require-ments.

Each regulated entity subject to thissubpart must clearly display on eachautomobile refinish coating or coatingcomponent container or package, theday, month, and year on which theproduct was manufactured, or a codeindicating such date.

§ 59.104 Compliance provisions.(a) For the purpose of determining

compliance with the VOC content lim-its in § 59.102(a) of this subpart, eachregulated entity shall determine theVOC content of a coating using theprocedures described in paragraph(a)(1) or (a)(2) of this section, as appro-priate.

(1) Determine the VOC content ingrams of VOC per liter of coating pre-pared for application according to its


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mixing instructions, excluding the vol-ume of any water or exempt com-pounds. VOC content shall be cal-culated using the following equation:

VOCW W W

V V Vv w ec

w ec

=− −( )− −( )

Where:VOC content = grams of VOC per liter

of coating;Wv = mass of total volatiles, in grams;Ww = mass of water, in grams;Wec = mass of exempt compounds, in

grams;V = volume of coating, in liters;Vw = volume of water, in liters; andVec = volume of exempt compounds, in

liters.(2) The VOC content of a multi-stage

topcoat shall be calculated using thefollowing equation:

VOC

VOC VOC VOC

Mmulti

bc mci cci

M

=+ +

+=∑ 2

30

( )

Where:VOCmulti = VOC content of a multi-stage

topcoat, in grams of VOC per literof coating;

VOCbc = VOC content of the basecoat,as determined in paragraph (a)(1) or(f) of this section;

VOCmci = VOC content of midcoat i, asdetermined in paragraph (a)(1) or(f) of this section;

VOCcc = VOC content of the clearcoat,as determined in paragraph (a)(1) or(f) of this section; and

M = Number of midcoats.(b) To determine the composition of a

coating in order to perform the cal-culations in paragraph (a) of this sec-tion, the reference method for VOCcontent is Method 24 of appendix A of40 CFR part 60, except as provided inparagraph (f) of this section. To deter-mine the VOC content of a coating, theregulated entity may use Method 24 ofappendix A of 40 CFR part 60, an alter-native method as provided in para-graph (f) of this section, or any otherreasonable means for predicting thatthe coating has been formulated as in-tended (e.g., quality assurance checks,recordkeeping). However, if there areany inconsistencies between the resultsof a Method 24 test and any other

means for determining VOC content,the Method 24 test results will govern.The Administrator may require theregulated to conduct a Method 24 anal-ysis.

(c) If a regulated entity recommendsthat its coating component(s) be com-bined with coating components of an-other regulated entity, and if the coat-ing resulting from such a combinationdoes not comply with the VOC contentlimit in § 59.102 (a) of this subpart, thenthe former regulated entity is out ofcompliance, unless the entity submitsMethod 24 data to the Administratordemonstrating that its recommendedcombination of coating componentsmeets the VOC content limit in§ 59.102(a). If the latter regulated entitydoes not make the recommendation ofsuch use of the coating components,then that entity is not out of compli-ance for purposes of that resultingcoating.

(d) Pretreatment wash primers: Ex-cept as provided in paragraph (f) of thissection, the acid weight percent ofpretreatment wash primers must be de-termined using the American Societyfor Testing and Materials Test MethodD 1613–96 (incorporated by reference in§ 59.110). If the pigment in apretreatment wash primer prevents theuse of this test method for determiningthe acid weight percent of the coating,then the test method shall be used forthe nonpigmented component of thecoating, and the acid weight percentshall be calculated based on the acidcontent of the nonpigmented compo-nent and the mixing ratio of the non-pigmented component to the remainingcomponents recommended by the regu-lated entity.

(e) Low-gloss coatings: Except as pro-vided in paragraph (f) of this section,the gloss reading of low-gloss coatingsmust be determined using the Amer-ican Society for Testing and MaterialsTest Method D 523–89 (incorporated byreference in § 59.110).

(f) The Administrator may approve,on a case-by-case basis, a regulated en-tity’s use of an alternative method inlieu of Method 24 for determining theVOC content of coatings if the alter-native method is demonstrated to theAdministrator’s satisfaction to provideresults that are acceptable for purposes


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.105

of determining compliance with thissubpart.

(g) The Administrator may deter-mine a regulated entity’s compliancewith the provisions of this subpartbased on information required by thissubpart or any other information avail-able to the Administrator.

[63 FR 48815, Sept. 11, 1998; 63 FR 64761, Nov.23, 1998]

§ 59.105 Reporting requirements.(a) Each regulated entity must sub-

mit an initial report no later than Jan-uary 11, 1999 or within 180 days of thedate that the regulated entity firstmanufactures or imports automobilerefinish coatings or coating compo-nents, whichever is later. The initialreport must include the information inparagraphs (a)(1) through (a)(4) of thissection.

(1) The name and mailing address ofthe regulated entity.

(2) An explanation of each date code,if such codes are used to represent thedate of manufacture, as provided in§ 59.103.

(3) The street address of each of theregulated entity’s facilities in theUnited States that is producing, pack-aging, or importing automobile refin-ish coatings or coating componentssubject to the provisions of this sub-part.

(4) A list of the categories from table1 of this subpart for which the regu-lated entity recommends the use ofautomobile refinish coatings or coatingcomponents.

(b) Each regulated entity must sub-mit an explanation of any new datecodes used by the regulated entity nolater than 30 days after products bear-ing the new date code are first intro-duced into commerce.

§ 59.106 Variance.(a) Any regulated entity that cannot

comply with the requirements of thissubpart because of circumstances be-yond its reasonable control may applyin writing to the Administrator for atemporary variance. The variance ap-plication must include the informationspecified in paragraphs (a)(1) through(a)(3).

(1) The specific grounds upon whichthe variance is sought.

(2) The proposed date(s) by which theregulated entity will achieve compli-ance with the provisions of this sub-part. This date must be no later than 5years after the issuance of a variance.

(3) A compliance plan detailing themethod(s) by which the regulated enti-ty will achieve compliance with theprovisions of this subpart.

(b) Upon receipt of a variance appli-cation containing the information re-quired in paragraph (a) of this section,the Administrator will publish a noticeof such application in the FEDERALREGISTER and, if requested by anyparty, will hold a public hearing to de-termine whether, under what condi-tions, and to what extent, a variancefrom the requirements of this subpartis necessary and will be granted. If re-quested, a hearing will be held no laterthan 75 days after receipt of a varianceapplication. Notice of the time andplace of the hearing will be sent to theapplicant by certified mail not lessthan 30 days prior to the hearing. Atleast 30 days prior to the hearing, thevariance application will be madeavailable to the public for inspection.Information submitted to the Adminis-trator by a variance applicant may beclaimed as confidential. The Adminis-trator may consider such confidentialinformation in reaching a decision on avariance application. Interested mem-bers of the public will be allowed a rea-sonable opportunity to testify at thehearing.

(c) The Administrator will issue avariance if the criteria specified inparagraphs (c)(1) and (c)(2) are met tothe satisfaction of the Administrator.

(1) If complying with the provisionsof this subpart would not be techno-logically or economically feasible, and

(2) The compliance plan proposed bythe applicant can reasonably be imple-mented and will achieve compliance asexpeditiously as possible.

(d) Any variance will specify dates bywhich the regulated entity will achieveincrements of progress towards compli-ance, and will specify a final compli-ance date by which the regulated enti-ty will achieve compliance with thissubpart.

(e) A variance will cease to be effec-tive upon failure of the party to whom


297


the variance was issued to comply withany term or condition of the variance.

(f) Upon the application of any party,the Administrator may review and, forgood cause, modify or revoke a vari-ance after holding a public hearing inaccordance with the provisions of para-graph (b) of this section.

§ 59.107 Addresses of EPA Regional Of-fices.

All requests, reports, submittals, andother communications to the Adminis-trator pursuant to this regulation shallbe submitted to the Regional Office ofthe EPA which serves the State or ter-ritory in which the corporate head-quarters of the regulated entity re-sides. These areas are indicated in thefollowing list of EPA Regional Offices.

EPA Region I (Connecticut, Maine, Massa-chusetts, New Hampshire, Rhode Island,Vermont), Director, Office of EnvironmentalStewardship, Mailcode: SAA, JFK Building,Boston, MA 02203.

EPA Region II (New Jersey, New York,Puerto Rico, Virgin Islands), Director, Divi-sion of Enforcement and Compliance Assist-ance, 290 Broadway, New York, NY 10007–1866.

EPA Region III (Delaware, District of Co-lumbia, Maryland, Pennsylvania, Virginia,West Virginia), Air Protection Division, 1650Arch Street, Philadelphia, PA 19103.

EPA Region IV (Alabama, Florida, Geor-gia, Kentucky, Mississippi, North Carolina,South Carolina, Tennessee), Director, Air,Pesticides and Toxics, Management Division,345 Courtland Street, NE., Atlanta, GA 30365.

EPA Region V (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin), Director, Airand Radiation Division, 77 West JacksonBlvd., Chicago, IL 60604–3507.

EPA Region VI (Arkansas, Louisiana, NewMexico, Oklahoma, Texas), Director, Air,Pesticides and Toxics Division, 1445 Ross Av-enue, Dallas, TX 75202–2733.

EPA Region VII (Iowa, Kansas, Missouri,Nebraska), Director, Air and Toxics Division,726 Minnesota Avenue, Kansas City, KS 66101.

EPA Region VIII (Colorado, Montana,North Dakota, South Dakota, Utah, Wyo-ming), Director, Air and Toxics Division, 99918th Street, 1 Denver Place, Suite 500, Den-ver, Colorado 80202–2405.

EPA Region IX (American Samoa, Arizona,California, Guam, Hawaii, Nevada), Director,Air and Toxics Division, 75 HawthorneStreet, San Francisco, CA 94105.

EPA Region X (Alaska, Oregon, Idaho,Washington), Director, Air and Toxics Divi-sion, 1200 Sixth Avenue, Seattle, WA 98101.

§ 59.108 State Authority.The provisions in this regulation

shall not be construed in any mannerto preclude any State or political sub-division thereof from:

(a) Adopting and enforcing any emis-sion standard or limitation applicableto a manufacturer or importer of auto-mobile refinish coatings or componentsin addition to the requirements of thissubpart.

(b) Requiring the manufacturer orimporter of automobile refinish coat-ings or components to obtain permits,licenses, or approvals prior to initi-ating construction, modification, oroperation of a facility for manufac-turing an automobile refinish coatingcomponent.

§ 59.109 Circumvention.Each manufacturer and importer of

any automobile refinish coating orcomponent subject to the provisions ofthis subpart must not alter, destroy, orfalsify any record or report, to concealwhat would otherwise be noncompli-ance with this subpart. Such conceal-ment includes, but is not limited to, re-fusing to provide the Administrator ac-cess to all required records and date-coding information, altering the VOCcontent of a coating or componentbatch, or altering the results of any re-quired tests to determine VOC content.

§ 59.110 Incorporations by Reference.(a) The following material is incor-

porated by reference in the paragraphsnoted in § 59.104. These incorporationsby reference were approved by the Di-rector of the Federal Register in ac-cordance with 5 U.S.C. 552(a) and 1 CFRpart 51. These materials are incor-porated as they exist on the date of theapproval, and notice of any changes inthese materials will be published in theFEDERAL REGISTER.

(1) ASTM D 1613–96, Standard TestMethod for Acidity in Volatile Sol-vents and Chemical Intermediates Usedin Paint, Varnish, Lacquer, and Re-lated Products, IBR approved for§ 59.104(d).

(2) ASTM D 523–89, Standard TestMethod for Specular Gloss, IBR ap-proved for § 59.104(e).

(b) The materials are available for in-spection at the Office of the Federal


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.111

Register, 800 North Capitol Street, NW,suite 700, Washington, DC; the Air andRadiation Docket and InformationCenter, U.S. EPA, 401 M St., SW.,Washington, DC; and at the EPA Li-brary (MD–35), U.S. EPA, Research Tri-angle Park, North Carolina. The mate-rials are available for purchase fromthe following address: American Soci-ety for Testing and Materials (ASTM),100 Barr Harbor Drive, WestConshohocken, PA, 19428, telephonenumber (610) 832–9500.

§ 59.111 Availability of informationand confidentiality.

(a) Availability of information. Theavailability to the public of informa-tion provided to or otherwise obtainedby the Administrator under this partshall be governed by part 2 of thischapter.

(b) Confidentiality. All confidentialbusiness information entitled to pro-tection under section 114(c) of the Actthat must be submitted or maintainedby each regulated entity pursuant tothis section shall be treated in accord-ance with 40 CFR part 2, subpart B.

TABLE 1 TO SUBPART B—VOLATILE ORGANIC COMPOUND (VOC) CONTENT LIMITS FOR AUTOMOBILEREFINISH COATINGS

Coating category Grams VOCper liter

PoundsVOC pergallon a

Pretreatment wash primers ................................................................................................................... 780 6.5Primers/primer surfacers ....................................................................................................................... 580 4.8Primer sealers ....................................................................................................................................... 550 4.6Single/two-stage topcoats ..................................................................................................................... 600 5.0Topcoats of more than two stages ....................................................................................................... 630 5.2Multi-colored topcoats ........................................................................................................................... 680 5.7Specialty coatings ................................................................................................................................. 840 7.0

a English units are provided for information only. Compliance will be determined based on the VOC content limit, as expressedin metric units.

Subpart C— National Volatile Or-ganic Compound EmissionStandards for Consumer Prod-ucts

SOURCE: 63 FR 48831, Sept. 11, 1998, unlessother noted.

§ 59.201 Applicability and designationof regulated entity.

(a) The provisions of the subpartapply to consumer products manufac-tured or imported on or after December10, 1998 for sale or distribution in theUnited States.

(b) The regulated entity is: the man-ufacturer or importer of the product;and any distributor that is named onthe product label. The manufacturer orimporter of the product is a regulatedentity for purposes of compliance withthe volatile organic compounds (VOC)content or emission limits in § 49.203,regardless of whether the manufactureror importer is named on the label ornot. The distributor, if named on thelabel, is the regulated entity for pur-

poses of compliance with all sections ofthis part except for § 59.203. Distribu-tors whose names do not appear on thelabel are not regulated entities. If nodistributor is named on the label, thenthe manufacturer or importer is re-sponsible for compliance with all sec-tions of this part.

(c) The provisions of this subpart donot apply to consumer products thatmeet the criteria specified in para-graph (c)(1) through (c)(7) of this sec-tion.

(1) Any consumer product manufac-turer in the United States for shipmentand use outside of the United States.

(2) Insecticides and air freshenerscontaining at least 98-percentparadichlorobenzene or at least 98-per-cent naphthalene.

(3) Adhesives sold in containers of0.03 liter (1 ounce) or less.

(4) Bait station insecticides. For thepurpose of this subpart, bait station in-secticides are containers enclosing aninsecticidal bait that does not weighmore than 14 grams (0.5 ounce), where


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bait is designed to be ingested by in-sects and is composed of solid materialfeeding stimulants with less than 5-per-cent by weight active ingredients.

(5) Air fresheners whose VOC con-stituents, as defined in §§ 59.202 and59.203(f), consist of 100-percent fra-grance.

(6) Non-aerosol moth proofing prod-ucts that are principally for the protec-tion of fabric from damage by mothsand other fabric pests in adult, juve-nile, or larval forms.

(7) Flooring seam sealers used to joinor fill the seam between two adjoiningpieces of flexible sheet flooring.

§ 59.202 Definitions.The terms used in this subpart are

defined in the Clean Air Act (Act) or inthis section as follows:

Administrator means the Adminis-trator of the United States Environ-mental Protection Agency (EPA) or anauthorized representative.

Aerosol cooking spray means any aer-osol product designed either to reducesticking on cooking and baking sur-faces or to be directly applied on foodfor the purpose of reducing sticking oncooking and baking surfaces, or both.

Aerosol product means a product char-acterized by a pressurized spray systemthat dispenses product ingredients inaerosol form by means of a propellant(i.e., a liquefied or compressed gas thatis used in whole or in part, such as aco-solvent, to expel a liquid or anyother material from the same self-pres-surized container or from a separatecontainer) or mechanically inducedforce. ‘‘Aerosol product’’ does not in-clude pump sprays.

Agricultural use means the use of anypesticide or method or device for thecontrol of pests in connection with thecommercial production, storage, orprocessing of any animal or plant crop.‘‘Agricultural use’’ does not includethe sale or use of pesticides in properlylabeled packages or containers that areintended for:

(1) Household use;(2) Use in structural pest control; or(3) Institutional use.Air freshener means any consumer

product including, but not limited to,sprays, wicks, powders, and crystalsdesigned for the purpose of masking

odors, or freshening, cleaning, scent-ing, or deodorizing the air. This doesnot include products that are used onthe human body, products that func-tion primarily as cleaning products,disinfectant products claiming to de-odorize by killing germs on surfaces, orinstitutional/industrial disinfectantswhen offered for sale solely through in-stitutional and industrial channels ofdistribution. It does include spray dis-infectants and other products that areexpressly represented for use as airfresheners, except institutional and in-dustrial disinfectants when offered forsale through institutional and indus-trial channels of distribution. To deter-mine whether a product is an air fresh-ener, all verbal and visual representa-tions regarding product use on thelabel or packaging and in the product’sliterature and advertising may be con-sidered. The presence of, and represen-tations about, a product’s fragranceand ability to deodorize (resulting fromsurface application) shall not con-stitute a claim of air freshening.

All other forms means all consumerproduct forms for which no form-spe-cific VOC standard is specified. Unlessspecified otherwise by the applicableVOC standard, ‘‘all other forms’’ in-clude, but are not limited to, sol-ids,liquids, wicks, powders, crystals,and cloth or paper wipes (towelettes).

Automotive windshield washer fluidmeans any liquid designed for use in amotor vehicle windshield washer sys-tem either as an antifreeze or for thepurpose of cleaning, washing, or wet-ting the windshield. ‘‘Automotivewindshield washer fluid’’ does not in-clude fluids placed by the manufac-turer in a new vehicle.

Bathroom and tile cleaner means aproduct designed to clean tile or sur-faces in bathrooms. ‘‘Bathroom andtile cleaner’’ does not include productsspecifically designed to clean toiletbowls or toilet tanks.

Carburetor and choke cleaner means aproduct designed to remove dirt andother contaminants from a carburetoror choke. ‘‘Carburetor and choke clean-er’’ does not include products designedto be introduced directly into the fuellines or fuel storage tank prior to in-troduction into the carburetor, or sol-vent use regulated under 40 CFR part


300

40 CFR Ch. I (7– 1– 01 Edition)§ 59.202

63, subpart T (halogenated solvent na-tional emission standards for haz-ardous air pollutants (NESHAP)).

Charcoal lighter material means anycombustible material designed to beapplied on, incorporated in, added to,or used with charcoal to enhance igni-tion. ‘‘Charcoal lighter material’’ doesnot include any of the following:

(1) Electrical starters and probes;(2) Metallic cylinders using paper tin-

der;(3) Natural gas; and(4) Propane.Construction and panel adhesive means

any one-component household adhesivehaving gap-filling capabilities that dis-tributes stress uniformly throughoutthe bonded area resulting in a reduc-tion or elimination of mechanical fas-teners.

Consumer means any person who pur-chases or acquires any consumer prod-uct for personal, family, household, orinstitutional use. Persons acquiring aconsumer product for resale are not‘‘consumers’’ of that product.

Consumer product means any house-hold or institutional product (includingpaints, coatings, and solvents), or sub-stance, or article (including any con-tainer or packaging) held by any per-son, the use, consumption, storage, dis-posal, destruction, or decomposition ofwhich may result in the release ofVOC. For the purposes of this subpart,consumer product means any productlisted in tables 1 or 2 of this subpart.

Contact adhesive means any house-hold adhesive that:

(1) When applied to two substrates,forms an instantaneous,nonrepositionable bond;

(2) When dried to touch, exhibits aminimum 30-minute bonding range;and

(3) Bonds only to itself without theneed for reactivation by solvents orheat.

Container or packaging means the partor parts of the consumer product thatserve only to contain, enclose, incor-porate, deliver, dispense, wrap, or storethe chemically formulated substanceor mixture of substances that is solelyresponsible for accomplishing the pur-poses for which the product was de-signed or intended. ‘‘Container or pack-aging’’ includes any article onto or

into which the principal display panelis incorporated, etched, printed, or at-tached.

Crawling bug insecticide means any in-secticide product that is designed foruse against crawling arthropods includ-ing, but not limited to, ants, cock-roaches, mites (but not house dustmites), silverfish, or spiders. ‘‘Crawlingbug insecticide’’ does not include prod-ucts for agricultural use or productsdesigned to be used exclusively on hu-mans or animals.

Distributor means any person towhom a consumer product is sold orsupplied for the purposes of resale ordistribution in commerce.

Double-phase aerosol air freshenermeans an aerosol air freshener withliquid contents in two or more distinctphases that requires the product con-tainer to be shaken before use to mixthe phases, producing an emulsion.

Dusting aid means a product designedto assist in removing dust and othersoils from floors and other surfaceswithout leaving a wax or silicone-basedcoating. ‘‘Dusting aid’’ does not in-clude products that consist entirely ofcompressed gases for use in electronicor other specialty areas.

Engine degreaser means a cleaningproduct designed to remove grease,grime, oil, and other contaminantsfrom the external surfaces of enginesand other mechanical parts. ‘‘Enginedegreaser’’ does not include any sol-vent used in parts washing equipment,or any solvent use regulated under 40CFR part 63, subpart T (halogenatedsolvent NESHAP).

Fabric protectant means a product de-signed to be applied to fabric sub-strates to protect the surface from soil-ing from dirt and other impurities orto reduce absorption of water into thefabric’s fibers. ‘‘Fabric protectant’’does not include silicone-based prod-ucts whose function is to provide waterrepellency, or products designed for usesolely on fabrics that are labeled ‘‘dryclean only.’’

Flea and tick insecticide means any in-secticide product that is designed foruse against fleas, ticks, and their lar-vae, or their eggs. ‘‘Flea and tick insec-ticide’’ does not include products thatare designed to be used exclusively onhumans or animals or their bedding.


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Flexible flooring material means as-phalt, cork, linoleum, no-wax, rubber,seamless vinyl, and vinyl compositeflooring.

Floor polish or wax means a wax, pol-ish, or any other product designed topolish, protect, or enhance floor sur-faces by leaving a protective coatingthat is designed to be periodically re-plenished. ‘‘Floor polish or wax’’ doesnot include ‘‘spray buff products,’’products designed solely for the pur-pose of cleaning floors, floor finishstrippers, products designed for unfin-ished wood floors, and coatings subjectto 40 CFR part 59, subpart D—NationalVolatile Organic Compound EmissionStandards for Architectural Coatings.

Floor seam sealer means any low vis-cosity specialty adhesive used in smallquantities for the sole purpose of bond-ing adjoining rolls of installed flexiblesheet flooring or to fill any minutegaps between and adjoining rolls.

Flying bug insecticide means any in-secticide product that is designed foruse against flying insects including,but not limited to, flies, mosquitoes,and gnats. ‘‘Flying bug insecticide’’does not include ‘‘wasp and hornet in-secticide’’ or products that are de-signed to be used exclusively on hu-mans or animals or their bedding.

Fragrance means a substance or mix-ture of aroma chemicals, natural essen-tial oils, and other functional compo-nents that is added to a consumer prod-uct to impart an order or scent, or tocounteract a malodor.

Furniture maintenance product meansa wax, polish, conditioner, or any otherproduct designed for the product de-signed for the purpose of polishing, pro-tecting, or enhancing finished woodsurfaces other than floors. Furnituremaintenance product’’ does not includedusting aids, products designed solelyfor the purpose of cleaning, and prod-ucts designed to leave a permanent fin-ish such as stains, sanding sealers, andlacquers.

Gel means a colloid in which the dis-persed phase has combined with thecontinuous phase to produce a semi-solid material, such as jelly.

General purpose adhesive means anynonaerosol household adhesive de-signed for use on a variety of sub-strates. General purpose adhesives do

not include contact adhesives or con-struction and panel adhesives.

General purpose cleaner means a prod-uct designed for general all-purposecleaning, in contrast to cleaning prod-ucts designed to clean specific sub-strates in certain situations. ‘‘Generalpurpose cleaner’’ includes products de-signed for general floor cleaning,kitchen or countertop cleaning, andcleaners designed to be used on a vari-ety of hard surfaces.

Glass cleaner means a cleaning prod-uct designed primarily for cleaningsurfaces made of glass. Glass cleanerdoes not include products designedsolely for the purpose of cleaning opti-cal materials used in eyeglasses, photo-graphic equipment, scientific equip-ment, and photocopying machines.

Hair mousse means a hairstyling foamdesigned to facilitate styling of acoiffure and provide limited holdingpower.

Hair styling gel means a high-vis-cosity, often gelatinous product thatcontains a resin and is designed for theapplication to hair to aid in stylingand sculpting of the hair coiffure.

Hairspray means a consumer productdesigned primarily for the purpose ofdispensing droplets of a resin on andinto a hair coiffure to impart sufficientrigidity to the coiffure to establish orretain the style for a period of time.

High-volatility organic compound orHVOC means any organic compoundthat exerts a vapor pressure greaterthan 80 millimeters of mercury whenmeasured at 20 degrees Celsius.

Household adhesive means any house-hold product that is used to bond onesurface to another by attachment.‘‘Household adhesive’’ does not includeproducts used on humans or animals,adhesive tape, contact paper, wallpapershelf liners, or any other product withan adhesive incorporated onto or in aninert substrate.

Household product means any con-sumer product that is primarily de-signed to be used inside or outside ofliving quarters or residences, includingthe immediate surroundings, that areoccupied or intended for occupation byindividuals.

Household use means use of a productin a home or its immediate environ-ment.


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Importer means any person whobrings a consumer product that wasmanufactured, filled, or packaged at alocation outside of the United Statesinto the United States for sale or dis-tribution in the United States.

Industrial use means use for, or in, amanufacturing, mining, or chemicalprocess or use in the operation of fac-tories, processing plants, and similarsites.

Insecticide means a pesticide productthat is designed for use against insectsor other arthropods, excluding anyproduct that is:

(1) For agricultural use; or(2) A restricted use pesticide.Insecticide fogger means any insecti-

cide product designed to release all ormost of its content as a fog or mistinto indoor areas during a single appli-cation. Foggers may target a variety ofpests including (but not limited to)fleas and ticks, crawling insects, lawnand garden pests, and flying insects.Foggers are not subject to the specificVOC limitations or other categories ofinsecticides list in table 1 of this sub-part.

Institutional product means a con-sumer product that is designed for usein the maintenance or operation of anestablishment that manufactures,transports, or sells goods or commod-ities, or provides services for profit; oris engaged in the nonprofit promotionof a particular public, educational, orcharitable cause. ‘‘Establishments’’ in-clude, but are not limited to, govern-ment agencies, factories, schools, hos-pitals, sanitariums, prisons, res-taurants, hotels, stores, automobileservice and parts centers, health clubs,theaters, or transportation companies.‘‘Institutional product’’ does not in-clude household products and productsthat are incorporated into or used ex-clusively in the manufacture or con-struction of the goods or commoditiesthat are produced by the establish-ment.

Institutional use means use within theconfines of or on property necessary forthe operation of buildings’ including,but not limited to, government agen-cies, factories, sanitariums, prisons,restaurants, hotels, stores, automobileservice and parts centers, health clubs,theaters, transportation companies,

hospitals, schools, libraries, audito-riums, and office complexes.

Label means any written, printed, orgraphic matter affixed to, applied to,attached to, blown into, formed, mold-ed into, embossed on, or appearingupon any consumer product packagefor purposes of branding, identifying,or giving information with respect tothe product or to the contents of thepackage.

Laundry prewash means a productthat is designed for application to afabric prior to laundering and that sup-plements and contributes to the effec-tiveness of laundry detergents and/orprovides specialized performance.

Laundry starch product means a prod-uct that is designed for application toa fabric, either during or after laun-dering, to impart and prolong a crisplook and may also facilitate ironing ofthe fabric. ‘‘Laundry starch product’’includes, but it not limited to, fabricfinish, sizing, and starch.

Lawn and garden insecticide means aninsecticide product designed primarilyto be used in household lawn and gar-den areas to protect plants from in-sects or other arthropods.

Liquid means a substance or mixtureof substances that flows readily, but,unlike a gas, does not expand indefi-nitely (i.e., a substance with constantvolume but not constant shape). ‘‘Liq-uid’’ does not include powders or othermaterials that are composed entirelyof solid particles.

Manufacturer means any person whomanufacturers or processes a consumerproduct. Manufacturers include:

(1) Processors who blend and mixconsumer products,

(2) Contract fillers who develop for-mulas and package these formulasunder a distributor’s label;

(3) Contract fillers who manufactureproducts using formulas provided by adistributor; and

(4) Distributors who specify formulasto be used by a contract filler or proc-essor.

Nail polish remover means a productdesigned to remove nail polish or coat-ings from fingernails or toenails.

Nonagricultural pesticide means andincludes any substance or mixture of


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substances that is a pesticide as de-fined in section 2(u) of the Federal In-secticide, Fungicide, and RodenticideAct (7 U.S.C. 136–136y).

Nonresilient flooring means floor of amineral content that is not flexible.‘‘Nonresilient flooring’’ includes, but isnot limited to, terrazzo, marble, slate,granite, brick, stone, ceramic tile, andconcrete.

Oven cleaner means any cleaningproduct designed to clean and to re-move dried food deposits from oven in-teriors.

Person means an individual corpora-tion, partnership, association, State,any agency, department, or instrumen-tality of the United States, and any of-ficer, agent, or employee thereof.

Principal display panel(s) means thatpart, or those parts, of a label that areso designed as to most likely be dis-played, presented, shown, or examinedunder normal and customary condi-tions of display or purchase. Whenevera principal display panel appears morethan once, all requirements pertainingto the ‘‘principal display panel’’ shallpertain to all such ‘‘principal displaypanels.’’

Product category means that applica-ble category which best describes theproduct as listed in tables 1 or 2 of thissubpart and which appears on the prod-uct’s principal display panel.

Product form means the form thatmost accurately describes the prod-uct’s dispensing from includingaerosols, gels, liquids, pump sprays,and solids.

Pump spray means a packaging sys-tem in which the product ingredientsare expelled only while a pumping ac-tion is applied to a button, trigger, orother actuator. Pump spray product in-gredients are not under pressure.

Representative consumer productmeans a consumer product that is sub-ject to the same VOC limit in § 59.203 asthe innovative product.

Restricted use pesticide means a pes-ticide that has been classified for re-stricted use under the provisions ofsection 3(d) of the Federal Insecticide,Fungicide, and Rodenticide Act (7U.S.C. 136–136y).

Shaving cream means an aerosol prod-uct that dispenses a foam lather in-tended to be used with a blade or car-

tridge razor, or other wet-shaving sys-tem in the removal of facial or otherbody hair.

Single-phase aerosol air freshenermeans an aerosol air freshener withliquid contents in a single homo-geneous phase that does not requirethat the product container be shakenbefore use.

Solid means a substance or mixture ofsubstances that does not flow or ex-pand readily (i.e., a substance withconstant volume such as the particlesconstituting a powder). ‘‘Solid’’ doesnot include liquids or gels.

Spray buff product means a productdesigned to restore a worn floor finishin conjunction with a floor buffing ma-chine and special pad.

Structural waterproof adhesive meansan adhesive whose bond lines are re-sistant to conditions of continuous im-mersion in fresh or salt water, and thatconforms with Federal SpecificationMMM–A–181 (Type 1, Grade A), andMIL–A–4605 (Type A, Grade A andGrade C).

Underarm antiperspirant means anyaerosol product that is intended by themanufacturer to be used to reduce per-spiration in the human axilla by atleast 20 percent in at least 50 percent ofa target population.

Underarm deodorant means any aer-osol product that is intended by themanufacturer to be used minimize odorin the human axilla by retarding thegrowth of bacteria that cause the de-composition of perspiration.

United States means the UnitedStates of America, including the Dis-trict of Columbia, the Commonwealthof Puerto Rico, the Virgin Islands,Guam, American Samoa, and the Com-monwealth of the Northern Mariana Is-lands.

Usage directions means the text orgraphics on the consumer product’slabel or accompanying literature thatdescribes to the end user how and inwhat quantity the product is to beused.

Volatile organic compound or VOCmeans any compound that meets thedefinition of a VOC, as defined under 40CFR part 51, subpart F, and in subse-quent amendments.

Wasp and hornet insecticide means anyinsecticide product that is designed for


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use against wasps, hornets, yellowjackets, or bees by allowing the user tospray a high-volume directed stream orburst from a safe distance at the in-tended pest or its hiding place.

Wax means an organic mixture orcompound with low melting point andhigh molecular weight, which is solidat room temperature. Waxes are gen-erally similar in composition to fatsand oils except that they contain noglycerides. ‘‘Wax’’ includes, but is notlimited to, substances such as car-nauba wax, lanolin, and beeswax de-rived from the secretions of plants andanimals; substances of a mineral originsuch as ozocerite, montan, and par-affin; and synthetic substances such aschlorinated naphthalenes and ethylenicpolymers.

Wood floor wax means wax-basedproducts for use solely on wood floors.

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept.30, 1998]

§ 59.203 Standards for consumer prod-ucts.

(a) The manufacturer or importer ofany consumer product subject to thissubpart small ensure that the VOC con-tent levels in table 1 of this subpartand HVOC content levels in table 2 ofthis subpart are not exceeded for anyconsumer product manufactured or im-ported on or after December 10, 1998,except as provided in paragraphs (b)and (c) of this section, or in §§ 59.204 or59.206.

(b) For consumer products for whichthe label, packaging, or accompanyingliterature specifically states that theproduct should be diluted prior to use,the VOC content limits specified inparagraph (a) of this section shallapply to the product only after theminimum recommended dilution hastaken place. For purposes of this para-graph, ‘‘minimum recommended dilu-tion’’ shall not include recommenda-tions for incidental use of a con-centrated product to deal with limitedspecial applications such as hard-to-re-move soils or stains.

(c) For those consumer products thatare registered under the Federal Insec-ticide, Fungicide, and Rodenticide Act(7 U.S.C. section 136–136y) (FIFRA), thecompliance date of the VOC standards

specified in paragraph (a) of this sec-tion is December 10, 1999.

(d) The provisions specified in para-graphs (d)(1) through (d)(4) of this sec-tion apply to charcoal lighter mate-rials.

(1) No person shall manufacture orimport any charcoal lighter materialafter December 10, 1998 that emits, onaverage, greater than 9 grams of VOCper start, as determined by the proce-dures specified in § 59.208.

(2) The regulated entity for a char-coal lighter material shall label theproduct with usage directions thatspecify the quantity of charcoal lightermaterial per pound of charcoal thatwas used in the testing protocol speci-fied in § 59.208 for that product unlessthe provisions in either paragraph(e)(2)(i) or (e)(2)(ii) of this sectionapply.

(i) The charcoal lighter material isintended to be used in fixed amountsindependent of the amount of charcoalused, such as paraffin cubes; or

(ii) The charcoal lighter material isalready incorporated into the charcoal,such as certain ‘‘bag light,’’ ‘‘instantlight,’’ or ‘‘match light’’ products.

(3) Records of emission testing re-sults for all charcoal lighter materialsmust be made available upon requestto the Administrator for enforcementpurposes within 30 days of receipt ofsuch requests.

(4) If a manufacturer or importer hassubmitted records of emission testingof a charcoal lighter material to aState or local regulatory agency, suchexisting records may be submittedunder paragraph (d)(3) of this section inlieu of new test data, provided theproduct formulation is unchanged fromthat which was previously tested. Suchprevious testing must have been con-ducted in accordance with the test pro-tocol described in § 59.208 or a test pro-tocol that is approved by the Adminis-trator as an alternate.

(e) Fragrances incorporated into aconsumer product up to a combinedlevel of 2 weight-percent shall not beincluded in the weight-percent VOCcalculation.

(f) The VOC content limits in table 1of this subpart shall not include anyVOC that:


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(1) Has a vapor pressure of less than0.1 millimeters of mercury at 20 de-grees Celsius; or

(2) Consists of more than 12 carbonatoms, if the vapor pressure is un-known; or

(3) Has a melting point higher than 20degrees Celsius and does not sublime(i.e., does not change directly from asolid into a gas without melting), if thevapor pressure is unknown.

(g) The requirements of paragraph (a)of this Section shall not apply to thoseVOC in antiperspirants or deodorantsthat contain more than 10 carbonatoms per molecule and for which thevapor pressure is unknown, or thathave a vapor pressure of 2 millimetersof mercury or less at 20 degrees Celsius.

(h) a manufacturer or importer mayuse the vapor pressure information pro-vided by the raw material supplier aslong as the supplier uses a method todetermine vapor pressure that is gen-erally accepted by the scientific com-munity.

(i) For hydrocarbon solvents that arecomplex mixtures of many differentcompounds and that are supplied on aspecification basis for use in a con-sumer product, the vapor pressure ofthe hydrocarbon blend may be used todemonstrate compliance with the VOCcontent limits of this section. Identi-fication of the concentration and vaporpressure for each such component inthe blend is not required for compli-ance with this subpart.

§ 59.204 Innovative product provisions.(a) Upon notification to the Adminis-

trator, a consumer product that is sub-ject to this subpart may exceed the ap-plicable limit in table 1 or 2 of this sub-part if the regulated entity dem-onstrates that, due to some char-acteristic of the product formulation,design, delivery systems, or other fac-tors, the use of the product will resultin equal or less VOC emissions thatspecified in paragraph (a)(1) or (a)(2) ofthis section.

(1) The VOC emissions from a rep-resentative consumer product, as de-scribed in § 59.202, that complies withthe VOC standards specified in§ 59.203(a); or

(2) The calculated VOC emissionsfrom a noncomplying representative

product, if the product had been refor-mulated to comply with the VOCstandards specified in § 59.203(a). TheVOC emissions shall be calculated byusing Equation 1.

E EVOC

VOCEquationR NC

STD

NC

= × 1

WhereER=The VOC emissions from the non-

complying representative product,had it been reformulated.

ENC=The VOC emissions from the non-complying representative productin its current formulation.

VOCSTD=The VOC standard specified in§ 59.203(a).

VOCNC=The VOC content of the non-complying product in its currentformulation.

(b) If a regulated entity demonstratesto the satisfaction of the Adminis-trator that the equation in paragraph(a)(2) of the this section yields inac-curate results due to some char-acteristic of the product formulationor other factors, an alternate methodthat accurately calculates emissionsmay be used upon approval of the Ad-ministrator.

(c) A regulated entity shall notifythe Administrator in writing of its in-tent to enter into the market an inno-vative product meeting the require-ments of paragraph (a) of this section.The Administrator must receive thewritten notification by the time the in-novative product is available for saleor distribution to consumers. Notifica-tion shall include the informationspecified in paragraph (c)(1) and (c)(2)of this section.

(1) Supporting documentation thatdemonstrates the emissions from theinnovate product, including the actualphysical test methods used to generatethe data and, if necessary, the con-sumer testing undertaken to documentproduct usage;

(2) Any information necessary to en-able the Administrator to establish en-forceable conditions for the innovativeproduct, including the VOC content ofthe innovative product expressed as aweight-percentage, and test methodsfor determining the VOC content.

(d) At the option of the regulated en-tity, the regulated entity may submit


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a written request for the Administra-tor’s written concurrence that the in-novative product fulfills the require-ments of paragraph (a) of this section.If such a request is made, the Adminis-trator will respond as specified in para-graphs (d)(1) through (d)(3) of this sec-tion.

(1) The Administrator will determinewithin 30 days of receipt whether thedocumentation submitted in accord-ance with paragraph (d) of this sectionis complete.

(2) The Administrator will determinewhether the innovative product shallbe exempt from the requirements of§ 59.203(a) within 90 days after an appli-cation has been deemed complete. Theapplicant and the Administrator maymutually agree to a longer time periodfor reaching a decision, and additionalsupporting documentation may be sub-mitted by the applicant before a deci-sion has been reached. The Adminis-trator will notify the applicant of thedecision in writing and specify suchterms and conditions that are nec-essary to insure that emissions fromthe product will meet the emissions re-ductions specified in paragraph (a) ofthis section, and that such emissionsreductions can be enforced.

(3) If an applicant has been grantedan exemption to a State or local regu-lation for an innovative product by aState or local agency whose criteria forexemption meet or exceed those pro-vided for in this section, the applicantmay submit the factual basis for suchan exemption as part of the docu-mentation required under paragraph(d) of this section. In such case, the Ad-ministrator will make the determina-tion required under this paragraphwithin 45 days after the applications isconsidered complete.

(e) In granting an exemption for aproduct, the Administrator will estab-lish conditions that are enforceable.These conditions may include the VOCcontent of the innovative product, dis-pensing rates, application rates, andany other parameters determined bythe Administrator to be necessary. TheAdministrator will also specify the testmethods for determining conformanceto the conditions established, includingcriteria for reproducibility, accuracy,

and sampling and laboratory proce-dures.

(f) For any product for which an ex-emption has been granted pursuant tothis section, the regulated entity towhom the exemption was granted shallnotify the Administrator in writingwithin 30 days after any change in theproduct formulation or recommendedproduct usage directions, and shall alsonotify the Administrator within 30days after the regulated entity learnsof any information that would alterthe emissions estimates submitted tothe Administrator in support of the ex-emption application.

(g) If lower VOC content limits arepromulgated for a product categorythrough any subsequent rulemaking,all exemptions granted under this sec-tion for products in the product cat-egory shall no longer apply unless theinnovative product has been dem-onstrated to have VOC emissions lessthan the applicable revised VOC con-tent limits.

(h) If the Administrator determinesthat a consumer product for which anexemption has been granted no longermeets the VOC emissions criteria spec-ified in paragraph (a) of this section foran innovative product, the Adminis-trator may modify or revoke the ex-emption as necessary to assure thatthe product will meet these criteria.The Administrator will not modify orrevoke an exemption without first af-fording the applicant an opportunityfor a public hearing to determine if theexemption should be modified or re-voked.

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept.30, 1998]

§ 59.205 Labeling.

(a) The container or package of eachconsumer product that is subject tothis subpart shall clearly display theday, month, and year on which theproduct was manufactured, or a codeindicating such date. The requirementsof this provision shall not apply toproducts that are offered to consumersfree of charge for the purposes of sam-pling the product.

(b) In addition, the container orpackage for each charcoal lighter ma-terial that is subject to this subpart


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shall be labeled according to the provi-sions of § 59.203(d)(2).

§ 59.206 Variances.(a) Any regulated entity who cannot

comply with the requirements of thissubpart because of extraordinary cir-cumstances beyond reasonable controlmay apply in writing to the Adminis-trator for a variance. The variance ap-plication shall include the informationspecified in paragraph (a)(1) through(a)(3) of this section.

(1) The specific grounds up on whichthe variance is sought,

(2) The proposed date(s) by whichcompliance with the provisions of thissubpart will be achieved. Such date(s)shall be no later than 5 years after theissuance of a variance; and

(3) A compliance plan detailing themethod(s) by which compliance will beachieved.

(b) Upon receipt of a variance appli-cation containing the information re-quired in paragraph (a) of this section,the Administrator will publish a noticeof such application in the FEDERALREGISTER and, if requested by anyparty, will hold a public hearing to de-termine whether, under what condi-tions, and to what extent, a variancefrom the requirements of this subpartis necessary and will be granted. If re-quested, a hearing will be held no laterthan 75 days after receipt of a varianceapplication. Notice of the time andplace of the hearing will be sent to theapplicant by certified mail not lessthan 30 days prior to the hearing. Atleast 30 days prior to the hearing, thevariance application will be madeavailable to the public for inspection.Information submitted to the Adminis-trator by a variance applicant may beclaimed as confidential. The Adminis-trator may consider such confidentialinformation in reaching a decision on avariance application. Interested mem-bers of the public will be allowed a rea-sonable opportunity to testify at thehearing.

(c) The Administrator will grant avariance if the criteria specified inparagraphs (c)(1) and (c)(2) of this sec-tion are met.

(1) If there are circumstances beyondthe reasonable control of the applicantso that complying with the provisions

of this subpart by the compliance datewould not be technologically or eco-nomically feasible, and

(2) The compliance plan proposed bythe applicant can be implemented andwill achieve compliance as expedi-tiously as possible.

(d) Any variance order will specify afinal compliance date by which the re-quirements of this subpart will beachieved and increments of progressnecessary to assure timely compliance.

(e) A variance shall cease to be effec-tive upon failure of the regulated enti-ty to comply with any term or condi-tion of the variance.

(f) Upon the application of any party,the Administrator may review, and forgood cause, modify or revoke a vari-ance after holding a public hearing inaccordance with the procedures de-scribed in paragraph (b) of this section.

§ 59.207 Test methods.

Each manufacturer or importer sub-ject to the provisions of § 59.203(a) shalldemonstrate compliance with the re-quirements of this subpart through cal-culation of the VOC content usingrecords of the amounts of constituentsused to manufacture the product.

§ 59.208 Charcoal lighter material test-ing protocol.

(a) Each manufacturer or importer ofcharcoal lighter material subject tothis subpart shall demonstrate compli-ance with the applicable requirementsof § 59.203(d) using the procedures speci-fied in this section. Any lighter mate-rial that has received certificationfrom California South Coast Air Qual-ity Management District (SCAQMD)under their Rule 1174, Ignition MethodCompliance Certification Testing Pro-tocol, will be considered as havingdemonstrated compliance with the ap-plicable requirements of this subpartusing the procedures in this section.

(b) The manufacturer or importershall obtain from the testing labora-tory conducting the testing, a report offindings, including all raw data sheets/charts and laboratory analytical data.The testing must demonstrate thatVOC emissions resulting from the igni-tion of the barbecue charcoal are, onaverage, less than or equal to 9 grams


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.208

per start. The manufacturer or im-porter shall maintain the report offindings.

(c) When a charcoal lighter materialdoes not fall within the testing guide-lines of this protocol, the protocol maybe modified following a determinationby the Administrator that the modifiedprotocol is an acceptable alternative tothe method described in this sectionand written approval of the Adminis-trator.

(d) Meteorological and environmentalcriteria. (1) Testing shall be conductedunder the following conditions:

(i) Inlet combustion air temperatureis 16 to 27 degrees Celsius (60 to 80 de-grees Fahrenheit) with a relative hu-midity of 20 to 80 percent;

(ii) The charcoal and lighter materialare stored 72 hours before testing in alocation with a relative humidity be-tween 45 and 65 percent, and a tempera-ture between 18 and 24 degrees Celsuis(65 to 75 degrees Fahrenheit); and

(iii) The outside wind speed, includ-ing gusts, may be no more than 16 kilo-meters per hour (10 miles per hour) ifthe test stack is exhausted outdoors,or, if the test stack is exhausted in-doors, indoor air must be stagnant.

(2) Temperature and relative humid-ity of the combustion air shall be con-tinuously monitored during the test.Temperature and relative humidity ofthe place where the charcoal and light-er material are stored prior to the testshall be monitored and recorded duringthe 72 hours immediately prior to thetest. If the stack is exhausted out-doors, the continuous outdoor windspeed monitor shall be observed or re-corded continuously during testing. Ifthe wind speed monitor is manually ob-served rather than electronically re-corded, the maximum wind speed ob-served during the test shall be re-corded.

(e) Definitions. For the purposes ofthis test protocol, the following defini-tions shall apply:

(1) Baseline VOC emissions (Eb) meansthe 3.6 grams (0.008 pounds) per start ofsubject VOC mass emissions (cal-culated as CH2) resulting from the igni-tion of charcoal by electric probe.

(2) Emission limit for VOC means 9grams per start of resultant VOC emis-sions (Er), (expressed as CH2).

(3) Equivalent means equipment thathas been demonstrated to meet or ex-ceed the performance, design, and oper-ation specifications of the prescribedequipment. A demonstration thatequipment or a test method is a suit-able alternative requires written ap-proval from the Administrator prior tocompliance testing, based on an eval-uation of comparative performancespecifications and/or actual perform-ance test data.

(4) Ignition means the ready-to-cookcondition of the charcoal determinedby the temperature above the charcoal,the organic vapor concentration meas-ured by the continuous organic emis-sion monitor, and percent ash.

(5) Ignition VOC emissions (eI)—meansthe grams (pounds) per start of totalsubject VOC mass emissions (expressedas CH2) resulting from the ignition ofcharcoal by the lighter material under-going evaluation, including both char-coal and lighter material emissions.

(6) labeled directions means those di-rections affixed to the charcoal lightermaterial which specify:

(1) The amount of lighter material touse per kilogram (or pound) of char-coal, unless the lighter material is al-ready impregnated or treated in thecharcoal;

(2) How to use or apply the lightermaterial; and

(3) How and when to light the lightermaterial.

(7) Percent ash means a qualitativeobservation of the ratio of visible char-coal surface area ignited (grayish/whiteash) to total charcoal surface areatimes 100.

(8) Reference VOC emissions (Eep)—means the grams (pounds) per start ofsubject VOC mass emissions (cal-culated as CH2) resulting from the igni-tion of charcoal by the reference elec-tric probe during the testing.

(9) Resultant VOC emissions (Er)—means the ignition VOC emission (EI)less the reference VOC emissions (Eep)plus baseline emissions (Eb).

(10 Start means a 25-minute periodcommencing from the instant thatemissions may be released from thelighter material, either by evaporationor combustion, and further character-ized such that by the end of said 25-minute period, ignition is achieved.


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1NOTE: Mention of trade names or specificproducts does not constitute endorsement bythe EPA.

(f) Test structure, equipment specifica-tions, and reference materials. (1) Thetest structure is to be located in abuilding or fabricated total enclosure(i.e., with enclosed sides and top). Theenclosure shall be such that there areno constant or intermittent air flowswithin it that cause fluctuations in thestack velocity and/or disruptions of airflow patterns within the test chambercontaining the reference grill . (WARN-ING: If the stack is vented into thebuilding enclosure, caution must betaken to avoid carbon monoxide poi-soning and the reduction of oxygen.)

(2) Test structure components. Thefollowing test structure components,as shown in figures 1 and 2 of AppendixA of this subpart, shall be used:

(i) Test chamber—Standard large,prefabricated fireplace manufacturedby Marco∆,1 Model No. C41CF, with fluedamper removed; or a fabricated struc-ture with the same dimensions. Spac-ers are required at the rear of the testchamber to ensure a constant 5-centi-meter (2-inch) distance between thereference grill and the rear wall of thetest chamber.

(ii) Test stack—25-centimeter (10-inch) diameter galvanized steel ductingwith velocity traverse port holes lo-cated approximately 8 diameters down-stream from the stack outlet of thefireplace chamber and sampling portslocated approximately 21⁄2 diametersdownstream of the velocity traverseports.

(iii) Fan—25-centimeter (10-inch) di-ameter axial fan (duct fan) capable ofmaintaining an air velocity of 140 ± 9meters per minute (450 ± 30 feet perminute) and located in the stack ap-proximately 3 diameters downstream ofthe sampling ports.

(iv) Test stack insulation—The stackshall be insulated with fiberglass blan-ket insulation (or equivalent) with aminimum R-value of 6.4, that totallysurrounds the stack from the top of thefireplace to the level of the blowerwhich minimizes temperature gra-dients in the stack and prevents hydro-carbons from condensing on the stackwall.

(v) Stack mounts—Supports for fix-ing in position the stack velocitymeasurement device for measuring ref-erence point velocity readings and thecontinuous organic emission monitorprobe/meter.

(vi) Blower speed control—A rheostatfor controlling voltage to the fan.

(3) Test equipment and materials.The following test equipment and ma-terials shall be used:

(i) Continuous recording device—AYEW∆ model 4088 dot matrix, rosterscanning chart recorder, Omega striprecorder with a Strawberry Tree DataAcquisition System, or equivalent,shall be used to continuously (6-secondcycle) record temperatures, velocity,and continuous organic emission mon-itor output signals. The recording maybe done manually, recording tempera-ture using a digital potentiometer (20-second intervals), reference point ve-locity with a Pitot tube (20-second in-tervals), and continuous organic emis-sion monitor readings with the ana-lyzer’s meter (10-second intervals).

(ii) Grill temperature probe—A type‘‘K’’ thermocouple silver soldered to a7.6 centimeter (3-inch) square brassplate 0.083-centimeter (0.033 inches)thick painted flat black using hightemperature (> 370 degrees Celsius [>700 degrees Fahrenheit]) paint; set onan adjustable stand to maintain 11 cen-timeters (4.5 inches) above the max-imum height of the briquette pile andmade such that it can be removed andreplaced within the chamber.

(iii) Stack temperature probe—TheKurz∆ digital air velocity meter or atype ‘‘K’’ thermocouple shall be used.

(iv) Stack velocity measurement de-vice—The velocity in meters (feet) perminute for the reference point using aKurz∆ digital air velocity meter,Davis∆ DTA 4000 vane anemometer, orequivalent to method 1A of 40 CFR part60, appendix A.

(v) Continuous organic emissionsmonitor—Century∆ Model 128 OrganicVapor Analyzer, Ratfisch∆ RS55 totalhydrocarbon analyzer, or equivalent,with response in parts per million(ranges 0 to 10 parts per million, 0 to100 parts per million, 0 to 1,000 partsper million).


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(vi) Temperature and humidity mon-itor—A chart recorder type with hu-midity accuracy of ± 3 percent from 15to 85 percent.

(vii) Wind speed and direction mon-itor—A wind speed and direction devicemeeting a tolerance of ± 10 percent.

(viii) Analytical balance—An elec-tronic scale with a resolution of a ± 2grams.

(ix) Charcoal stacking ring—Rigidmetal cylinder 21.6 centimeters (8.5inches) in diameter with indicators todetermine that the pile of briquettesdoes not exceed 12.7 centimeters (5inches) in height.

(x) Camera—To document ignitioncondition of charcoal at the end of eachstart.

(xi) Particulate filter—Nupro∆ inlinefilter, Catalog Number SS–4FW–2 with0.64 centimeter (1⁄4-inch) Swagelokinlet and outlet or equivalent.

(xii) Barbecue Grill—The charcoalshall be ignited in a Weber∆ ‘‘Go Any-where’’ barbecue grill (Model Number#121001), 39.4 centimeters × 24 centi-meters × 12.7 centimeters (15.5 inch ×9.5 inch × 5.0 inch) with the grate 4.4centimeters (1.75 inches) above the bot-tom of the grill, or another grill thatmeets these specifications. The grillshall be set on its bottom when placedin the test chamber and all grill airvents shall be in full open position.

(xiii) Electric probe—A 600-watt elec-tric probe shall be used for electricprobe ignition tests.

(xiv) Untreated charcoal—The lab-oratory conducting the testing shallpurchase ‘‘off the shelf’’ untreatedcharcoal from a retail outlet. Charcoalshall not be provided by the manufac-turer of the charcoal lighter materialto be tested or by the charcoal manu-facturer. The charcoal to be used isKingsford∆ ‘‘Original Charcoal Bri-quets.’’ All untreated charcoal used inthe certification testing of a single ig-nition source is to come from the samelot as indicated by the number printedon the bag.

(xv) Treated or impregnated char-coal—If the charcoal lighter materialto be tested is a substance used totreat or impregnate charcoal, the regu-lated entity shall provide to the lab-oratory conducting the tests a sampleof impregnated charcoal. The sample

shall be impregnated or treated bar-becue charcoal that is ignited eitheroutside of package or ignited by thepackage. If commercially available, theindependent testing laboratory con-ducting the test shall purchase ‘‘off theshelf’’ from a retail outlet.

(g) Sampling and analytical methods.(1) Gas volumetric flow rate. Conduct afull velocity traverse using the stackvelocity measurement device as shownin figure 3 of this Appendix A to thisSubpart, or use Method 1A of 40 CFRpart 60, appendix A. Continuouslyrecord a velocity reference point read-ing during each test run using a chartrecorder or once every 20 seconds ifusing Method 1A. Calculate the volu-metric flow rate using the gas velocity,moisture content, and the stack cross-sectional area. For the purposes of thisprotocol, the static pressure shall beassumed to be atmospheric, the molardensity correction factor in the stackto be 1.0, and the moisture content tobe 2 percent.

(2) Integrated VOC sample. Collectintegrated VOC gas samples at thesampling port in the exhaust stackusing a 40 CFR part 60, appendix A,Method 25 Total Combustion Analysis(TCA) sampling apparatus consisting oftwo evacuated 9-liter tanks, eachequipped with flow controllers, vacuumgauges, and probes, as shown in figure4 of Appendix A of this Subpart. Use 40CFR part 60, appendix A, Method 25,SCAQMD Method 25.1 (incorporated byreference—§ 59.213 of this subpart), orequivalent, for analysis. Carbon mon-oxide, carbon dioxide, methane, andnon-methane organic carbon are ana-lyzed by the TCA and TCA/Flame Ion-ization Detector (FID) methods. Oxy-gen content is determined by gas chro-matography using a thermal conduc-tivity detector. Clean particulate fil-ters between use by heating to 760 de-grees Celsius (1400 degrees Fahrenheit)while using compressed air as a carrierfor cleaning and purging.

(3) Continuous organic emissionsmonitor. A continuous organic emis-sions monitor which uses a continuousFID shall be used for each test run tomeasure the real time organic con-centration of the exhaust as methane.Record the emission monitor response


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in parts per million continuously dur-ing the sampling period using a chartrecorder or at least once every 10 sec-onds. The VOC analyzer shall be oper-ated as prescribed in the manufactur-er’s directions unless otherwise notedin this protocol.

(h) Pretest procedure. (1) Charcoallighter material—charcoal. Before eachtest run, remove charcoal from a sealedbag that has been stored for at least 72hours in a humidity and temperaturecontrolled room which satisfies the re-quirements of paragraph (d)(1) of thissection and weight out 0.9 kilograms (2pounds) of charcoal briquettes, to thenearest whole briquette over 0.9 kilo-grams (2 pounds), of uniform shapewith no broken pieces using an analyt-ical balance. Reseal the bag. Charcoalmust be ignited within 10 minutes afterremoval from bag. A sealed or resealedbag of charcoal cannot be stored at thetest site for greater than 45 minutes. Itmust be returned to a humidity andtemperature controlled room from 72hours. The lighter material must bepurchased, stored, weighed, and han-dled the same as the barbecue charcoal.

(i) For the reference VOC emissiontests using an electric probe, place asingle layer of charcoal, slightly largerthan the area/circle of the electricprobe heating element, onto the grate.Place the heating element on top ofthis first layer and cover the heatingelement with the remaining charcoalbriquettes.

(ii) For the ignition VOC emissionstests, arrange the briquettes on thebarbecue grate in the manner specifiedby the ignition manufacturer’s direc-tions. If these manufacturer’s direc-tions do not specify a stacking ar-rangement for the briquettes, ran-domly stack the briquettes in a pileusing the stacking ring described inparagraph (f)(3)(ix) of this section.

(2) Charcoal lighter material—or im-pregnated charcoal. Store, handle,weigh, and stack barbecue charcoalthat is designed to be lit without thepackaging, the same as in paragraph(h)(1) of this section. For those prod-ucts which require both the packageand charcoal be lit, weigh the wholepackage—do not remove charcoal.Weigh an empty package (not the sameone to be used during the test). Sub-

tract the package weight from theoverall weight of the package and char-coal. The full package and empty pack-age must be stored, handled, andweighed the same as in paragraph (h)(1)of this section. If the difference (thecharcoal weight) is between 0.7 to 1.4kilograms (1.5 to 3.0 pounds), the testmay proceed. The emissions measured(E) in Equation 5 of paragraph (k)(7) ofthis section must be adjusted to a 0.9kilogram (2-pound) charge. Place pack-aged barbecue charcoal on the grate inthe manner specified by the manufac-turer’s directions.

(3) Initial meteorological and envi-ronmental criteria in paragraph (d)shall be complied with.

(4) The stack velocity must be set be-fore each day of testing at 140 ± 9 me-ters per minute (450 ± 30 feet perminute) by performing a velocity tra-verse as specified in paragraph (g)(1) ofthis section. The velocity will be at-tained by adjusting the axial fan speedusing a rheostat.

(5) The fireplace shall be conditionedat the start of each day before sam-pling tests by using a grill ignited bythe electric probe. If a time period ofover 60 minutes between sampling testruns occur, the condition step must berepeated.

(6) Before each test run, leak checkthe continuous organic emissions mon-itor by blocking the flow to the probe.Allow the instrument to warm up forthe duration specified by the manufac-turer’s directions. Select the 0 to 100parts per million range. Check the bat-tery level and hydrogen pressure. Zerowith hydrocarbon-free air (<0.1 partsper million hydrocarbons as methane)span with 90 parts per million methanein ultra pure air. Zero and span an-other instrument selection range ifneeded for test purposes.

(7) Before the testing program begins,establish a point of average concentra-tion of organics in the stack by using acontinuous organic emissions monitorand a grill with charcoal ignited by theelectric probe 40 minutes after initialrelease of emissions. Record the con-tinuous organic emissions monitor tra-verse data.

(8) Prepare the integrated VOC sam-pling equipment and perform the re-quired leak checks. Fit the probes with


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nozzles housing two micron particulatefilters. Insert the probes and nozzlesinto the sampling port to draw a sam-ple of the exhaust gas from the point ofaverage organic concentration as de-termined from the continuous organicemissions monitor sample traverse de-scribed in paragraph (h)(4) of this sec-tion. Also, position the nozzles suchthat they point downstream in thestack. Obtain the samples concurrentlyand continuously over the test run.

(9) Insert the continuous organicemissions monitor probe into the sam-pling port to draw a sample of the ex-haust gas from the point of average or-ganic concentration as determinedfrom the continuous organic emissionsmonitor sample traverse described inparagraph (h)(7) of this section.

(i) Test procedure. The labeled direc-tions, as defined in paragraph (e) ofthis section, shall be followed through-out the course of the testing. In caseswhere the directions are incompatiblewith this protocol, circumvent the in-tent of this protocol, or are unclear(subject to different interpretations)and inadequate, the Administratormust be informed in writing of the na-ture of the conflict, as well as the pro-posed resolution, prior to commencingtesting. When the labeled directions fora charcoal lighter material do not fallwithin the testing guidelines of thisprotocol, the protocol may only bemodified upon written approval of theAdministrator.

(1) Place the bottom of the barbecuegrill on the floor of the fireplace, 5 cen-timeters (2 inches) from the rear wall.Ignite charcoal as specified by manu-facturer’s labeled directions.

(2) For electric probe ignition, care-fully remove probe without disturbingcharcoal after 10 minutes of operation.

(3) For fluid ignition, simultaneouslymatch light fluid on charcoal and fluidthat has fallen to the bottom of thegrill.

(4) Place the grill temperature probe11 centimeters (4.5 inches) above thetop of the charcoal immediately afterthe charcoal lighter material flamegoes out, or before, if the lighter mate-rial does not flame.

(5) Conduct at least six test runs forboth the electric probe ignition and forthe lighter material being evaluated.

Alternate these lighter material for all12 runs. All runs must be conductedover 3 consecutive days or less. Alter-natively, baseline emissions testing(using the electric probe) may be ap-plied to other test runs provided thetest runs occur within 4 months of thebaseline testing. Integrated VOC sam-pling and continuous organic emissionsmonitoring begin for each test runwhen the charcoal lighter materialand/or materials start to generate/re-lease organics (this will be the time ofpouring for lighter fluids and the timeof ignition for most other ignitionsources). Option: Because the manufac-turer of treated or impregnated char-coal supplies both the lighter materialand barbecue charcoal, they may applythe 9 grams VOC per start emissionlimit as an absolute value without anadjustment for the VOC emissions froman electric probe.

(6) Sampling ends for each test runwhen all the following conditions aremet:

(i) The temperature 11 centimeters(4.5 inches) above the maximum heightof the briquette pile, using the grilltemperature probe described in para-graph (d)(3)(ii) of this section, is atleast 93 degrees Celsius (200 degreesFahrenheit);

(ii) The continuous organic emissionsmonitor is reading below 30 parts permillion for at least 2 minutes;

(iii) The test sampling has continuedfor 25 minutes (but not more) and

(iv) The charcoal surface is 70 percentcovered with ash (to be documentedwith photograph on top and 60 degreesabove the horizon).

(7) During the sampling test runs,temperatures (excluding ambient) andcontinuous organic emission monitorreadings shall be recorded and shallcomply with the requirements in para-graph (b) of this section. Humidity,wind speed, and ambient temperaturereadings shall be monitored and shallcomply with the requirements in para-graph (b) of this section.

(8) Collect one blank sample for VOCand one ambient air sample during onerun of each day per paragraph (k) ofthis section.


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(j) Post-run procedure. (1) Record tem-peratures (including ambient), humid-ity, wind speed, and continuous organicemissions monitor reading.

(2) Record the drift using zero andspan gases. Leak check and span thecontinuous organic emissions monitoras described in paragraph (h)(6) of thissection for the next run.

(3) Leak check and disassemble theintegrated VOC sampling equipment asdescribed in Method 25 of 40 CFR part60, appendix A or SCAQMD Method 25.1(incorporated by reference—see § 59.213of this subpart), or equivalent.

(4) Thoroughly clean grill surfaces ofall residue before conducting next igni-tion run.

(k) Calculations. Calculations shall becarried out to at least one significantdigit beyond that of the acquired data,and then rounded off after final cal-culation to two significant digits foreach run. All rounding off of numbersshould be in accordance with the Amer-ican Society for Testing and Materials(ASTM) E 380–93, Standard Practice forUse of the SI International System ofUnits, procedures (incorporated by ref-erence—see § 59.213 of this subpart).

(1) Calculate the average stack ref-erence point temperature during sam-pling (tsr).

(2) Calculate the average measuredvelocities (in meters per minute [feetper minute]): Traverse (ut), traversereference point (utr), and referencepoint during sampling (usr).

(3) Calculate the corrected averagesampling velocity (us) by applyingEquation 2:

u uu

uEquations sr

t

tr

= 2

(4) Calculate the average flow rate(Qs) in cubic meters per minute (cubicfeet per minute) by applying Equation3:

Q u A Equations s= 3

WhereA=Duct cross-sectional area, (square

meters [square feet](5) Correct the flow rate to dry stand-

ard conditions (Qds) by applyingEquation 4. Assume the static pres-sure to be atmospheric and the

molar density correction factor tobe 1.0

QT

T tH Q Equationds

s

S sr

s=+( )

−( )1 4

Where

Ts=289 K (520 R)TS=273 K (460 R)H=Percent moisture-100=0.02

(6) Calculate the average total gas-eous non-methane organic carbon foreach duplicate sample run analyzed.

(7) Calculate the grams (pounds) ofVOC as CH2 emitted per start (normal-ized to 0.9 kilograms [2 pounds] of char-coal) for each run using Equation 5:

EA

B

CD d

N

MQ Equationds= ∗ ∗ ∗ ∗

1056

Where

E=Emissions of VOC per start for eachtest run (grams VOC/start [poundsVOC/start])

A=Hydrocarbon molecular weight=14.0268 grams per gram-mole (14.0268

pounds per pound-mole)B=Carbon number

=1C=Average concentration for each du-

plicate run of total gaseous non-methane organic compounds as CO2

(parts per million, from lab anal-ysis sheet)

D=Sampling duration=25 minutes

d=Molar density of gas at standardconditions

=42.33 gram-mole per cubic meter(0.0026353 pound-mole per cubicfoot)

N=Normalized mass (0.9 kilograms [2pounds])

M=Mass of charge (kilograms [pounds])

(8) Calculate the average VOC emis-sions for each lighter material tested.Identify and discard statisticaloutliers. Note a minimum of five validresults are required for a determina-tion. This procedure for eliminating anoutlier may only be performed once foreach lighter material tested.

(9) Using Equation 6, calculate theresultant VOC emissions per start (Er)and determine if it is less than or equal


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to the 9 grams VOC per start emissionlimit.

E e e E Equationr i ep b= − + 6

Whereei=Average emissions of VOC per start

from the charcoal lighter materialbeing evaluated (grams VOC/start[pounds VOC/start] expressed asCH2)

eep=Average reference VOC emissionsper start from the ignition by elec-tric probe (grams VOC/start[pounds VOC/start] expressed asCH2)

=0 grams VOC/start (0 pounds VOC/start) for treated or impregnatedcharcoal

Eb=Standard baseline VOC emissionsper start from the ignition by elec-tric probe (expressed as CH2)

=0 grams VOC/start (0 pounds VOC/start) for treated or impregnatedcharcoal

=3.6 grams VOC/start (0.008 poundsVOC/start) for all other charcoallighter material

(l) Recordkeeping. A record of the fol-lowing charcoal lighter material com-pliance test information shall be keptfor at least 5 years:

(1) Real time temperature and con-tinuous organic emissions monitorreadings from continuous chart re-corder and/or manual reading of tem-peratures and the continuous organicemissions monitor output.

(2) A description of quality assur-ance/quality control (QA/QC) proce-dures followed for all measuring equip-ment and calibration test data.

(3) A description of QA/QC proceduresfollowed for all sampling and analysisequipment and calibration test data.

(4) Time and quantity of blanks andambient air samples.

(5) Chain of custody for samples.(6) Labeled directions.(7) Field notes and data sheets.(8) Calculation/averaging sheets/

printouts.(9) Sample (in its normal package

from the same lot) of barbecue char-coal and lighter material used for test-ing.

(10) Formulation of lighter materialtested (indicate if the information is tobe handled confidentially).

(11) Photographs documenting char-coal surface ash coverage.

(m) Quality Assurance/Quality Control(QA/QC) Requirements. The QA/QCguidelines in the EPA’s Quality Assist-ance Handbook (EPA 600.4–77–027b)shall be followed. In addition, the fol-lowing procedures shall be used:

(1) A blank sample for VOC shall beperformed once each day, during thestart period of one of the lighter mate-rials, using the integrated VOC sam-pling apparatus.

(2) An ambient air sample for VOCshall be taken once each day, duringthe start period of one of the lightermaterials, using the integrated VOCsampling apparatus with Nupro∆ 2 mi-cron filters.

(3) Traceability certificates shall beprovided for all calibration gases usedfor the continuous organic emissionsmonitor and integrated VOC analysis.

(4) Grill temperature probe shall becalibrated using the procedures inASTM Method E220–86 (incorporated byreference as specified in United States§ 59.213).

(5) Supply documentation for place ofpurchase ( or origin if experimental)and chain of custody for lighter mate-rial tested. Documentation to be in-cluded for both treated and impreg-nated charcoal.

(6) Supply documentation for place ofpurchase and chain of custody for un-treated charcoal.

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept.30, 1998]

§ 59.209 Recordkeeping and reportingrequirements.

(a) The distributor that is named onthe product label shall maintain therecords specified in paragraphs (a)(1)and (a)(2) of this section, unless themanufacturer or importer has sub-mitted to the Administrator a writtencertification that the manufacturer orimporter will maintain the records forthe distributor in accordance withparagraph (a)(3) of this section. If nodistributor is named on the label, themanufacturer or importer must main-tain the specified records. The recordsmust be retained for at least 3 yearsand must be in a form suitable andreadily available for inspection and re-view.


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(1) Records or formulations beingmanufactured or imported on or afterDecember 10, 1998 for all consumerproducts subject to § 59.213(a), or De-cember 10, 1999 for all consumer prod-ucts subject to § 59.203(c) and

(2) Accurate records for each batch ofproduction, starting on December 10,1998 for all consumer products subjectto § 59.203(a) or December 10, 1999 for allconsumer products subject to§ 59.203(c), of the weight-percent andchemical composition of the individualproduct constituents.

(3) By providing this written certifi-cation to the Administrator, the certi-fying manufacturer accepts responsi-bility for compliance with the record-keeping requirements in paragraphs(a)(1) and (a)(2) of this section with re-spect to any products covered by thewritten certification. Failure to main-tain the required records may result inenforcement action by the EPA againstthe certifying manufacturer in accord-ance with the enforcement provisionsapplicable to violations of these provi-sions by regulated entities. The certi-fying manufacturer may revoke thewritten certification by sending a writ-ten statement to the Administratorand the regulated entity giving at least90 days notice that the certifying man-ufacturer is rescinding acceptance ofresponsibility for compliance with therecordkeeping requirements listed inthis paragraph. Upon expiration of thenotice period, the regulated entitymust assume responsibility for main-taining the records specified in thisparagraph. Written certifications andrevocation statements, to the Adminis-trator from the certifying manufac-turer shall be signed by the responsibleofficial of the certifying manufacturer,provide the name and address of thecertifying manufacturer, and be sent tothe appropriate EPA Regional Office atthe addresses listed in § 59.210 of thissubpart. Such written certificationsare not transferable by the manufac-turer.

(b) If requested by the Administrator,product VOC content must be dem-onstrated to the Administrator’s satis-faction to comply with the VOC con-tent limits presented in § 59.203(a).

(c) Each manufacturer or importersubject to the provisions of § 59.203(d)

shall maintain records specified in ei-ther paragraph (c)(1) or (c)(2) of thissection for each charcoal lighter mate-rial.

(1) Test report from each certifi-cation test performed as specified in§ 59.208(b) and all information and dataspecified in § 59.208(l); or

(2) Records of emission testing, whichwas performed by a method determinedby the Administrator to be an accept-able alternative to that described in§ 59.208, previously submitted to a Stateor local regulatory agency.

(d) The distributor that is named onthe product label, or if no distributor isnamed on the label, the manufactureror importer, shall submit by the appli-cable compliance date, or within 30days after becoming a regulated entity,a one-time Initial Notification Reportincluding the information specified inparagraphs (d)(1) through (d)(5) of thissection.

(1) Company name;(2) Name, title, phone number, ad-

dress, and signature or certifying com-pany official;

(3) A list of product categories andsubcategories subject to § 59.203 forwhich the company is currently theregulated entity;

(4) A description of date coding sys-tems, clearly explaining how the dateof manufacture is marked on each salesunit of subject consumer products; and

(5) The name and location of the des-ignated recordkeeping agent, if therecords specified in paragraphs (a)(1)and (a)(2) are to be maintained by themanufacturer.

(e) If a regulated entity changes thedate coding system reported accordingto paragraph (d)(4) of this section, theregulated entity shall notify the Ad-ministrator of such changes within 30days following the change.

(f) If requested by the Administrator,the following information shall bemade available within 30 days after re-ceiving the request:

(1) Location of facility(ies) manufac-turing, importing, or distributing sub-ject consumer products;

(2) A list of product categories andsubcategories, as found in tables 1 and2 of this subpart, that are manufac-tured, imported, or distributed at eachfacility; and


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.210

(3) Location where VOC contentrecords are kept for each subject con-sumer product.

(g) Each manufacturer or importersubject to the innovative product pro-visions in § 49.204 shall submit notifica-tions as indicated in § 59.204(d) and (e).

§ 59.210 Addresses of EPA Regional Of-fices.

All requests, reports, submittals, andother communications to the Adminis-trator pursuant to this regulation shallbe submitted to the Regional Office ofthe EPA which serves the State or ter-ritory in which the corporate head-quarters of the regulated entity re-sides. These areas are indicated in thefollowing list of EPA Regional Offices:

EPA Region I (Connecticut, Maine, Massa-chusetts, New Hampshire, Rhode Island,Vermont), Director, Office of Ecosystem Pro-tection, J.F.K. Federal Building, Boston, MA02203–2211.

EPA Region II (New Jersey, New York,Puerto Rico, Virgin Islands), Director, Divi-sion of Environmental Planning and Protec-tion, 290 Broadway, New York, NY 10007.

EPA Region III (Delaware, District of Co-lumbia, Maryland, Pennsylvania, Virginia,West Virginia), Director, Air, Radiation, andToxics Division, 841 Chestnut Building,Philadelphia, PA 19107.

EPA Region IV (Alabama, Florida, Geor-gia, Kentucky, Mississippi, North Carolina,South Carolina, Tennessee), Director, Air,Pesticides, and Toxics Management Division,61 Forsyth Street, Atlanta, GA 30303.

EPA Region V (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin), Director, Airand Radiation Division, 77 West JacksonBlvd., Chicago, IL 60604–3507.

EPA Region VI (Arkansas, Louisiana, NewMexico, Oklahoma, Texas), Director, Multi-media Planning and Permitting Division,1445 Ross Avenue, Dallas, TX 75202–2733.

EPA Region VII (Iowa, Kansas, Missouri,Nebraska), Director, Air, RCRA, and ToxicsDivision, 726 Minnesota Avenue, KansasCity, KS 66101.

EPA Region VIII (Colorado, Montana,North Dakota, South Dakota, Utah, Wyo-ming), Director, Office of Pollution Preven-tion, State, and Tribal Assistance, 999 18thStreet, Suite 500, Denver, Colorado 80202–2466.

EPA Region IX (American Samoa, Arizona,California, Guam, Hawaii, Nevada) Director,Air Divisions, 75 Hawthorne Street, SanFrancisco, CA 94105.

EPA Region X (Alaska, Oregon, Idaho,Washington), Director, Office of Air Quality,1200 Sixth Avenue, Seattle, WA 98101.

§ 59.211 State authority.(a) The provisions in this regulation

shall not be construed in any mannerto preclude any State or political sub-division thereof from:

(1) Adopting and enforcing any emis-sion standard or limitation applicableto a regulated entity.

(2) Requiring the regulated entity toobtain permits, licenses, or approvalsprior to initiating construction, modi-fication, or operation of a facility formanufacturing a consumer product.

(b) [Reserved]

§ 59.212 Circumvention.No regulated entity subject to these

standards shall alter, destroy, or fal-sify any record or report to concealwhat would otherwise be noncompli-ance with these standards. Such con-cealment includes, but is not limited torefusing to provide the Administratoraccess to all required records and date-coding information, altering the per-cent VOC content of a product batch,or altering the results of any requiredperformance tests.

§ 59.213 Incorporations by reference.(a) The materials listed in this sec-

tion are incorporated by reference inthe paragraphs noted in § 59.207. Theseincorporations by reference were ap-proved by the Director of the FederalRegister in accordance with 5 U.S.C.552(a) and 1 CFR part 51. These mate-rials are incorporated as they exist onthe date of the approval, and notice ofany changes in these materials will bepublished in the FEDERAL REGISTER.The materials are available for pur-chase at the corresponding addressesnoted below, and all are available forinspection at the Office of the FederalRegister, 800 North Capitol Street,NW., Suite 700, Washington, DC 20408,at the Air and Radiation Docket andInformation Center, U.S. EPA, 401 MSt., SW., Washington, DC 20460, and atthe EPA Library (MD–35), U.S. EPA,Research Triangle Park, NC 27711.

(b) The materials listed below areavailable for purchase from at leastone of the following addresses: Amer-ican Society for Testing and Materials(ASTM), 1916 Race Street, Philadel-phia, PA, 19103; SCAQMD SubscriptionServices, P.O. Box 4932; 21865 Copley


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Drive, Diamond Bar, CA 91765–0932; orUniversity Microfilms International,300 North Zeeb Road, Ann Arbor MI,48106.

(1) ASTM Method E220–86 StandardMethod for Calibration ofThermocouples by Comparisons Tech-niques, incorporation by reference(IBR) approved for § 59,208(m)(4).

(2) ASTM Method E380–82 MetricPractice, IBR approved for § 59.208(k).

(3) SCAQMD Method 25.1, March 1989Determination of Total Gaseous Non-Methane Organic Emissions as Carbon(amended February 26, 1991) IBR ap-proved for § 59.208(g)(2).

§ 59.214 Availability of informationand confidentiality

(a) Availability of information. Spe-cific reports or records required by thissubpart are not available to the public.The Administrator will, upon request,provide information as to the compli-ance status of a product or regulatedentity.

(b) Confidentiality. All confidentialbusiness information entitled to pro-tection under section 114(c) of the CAAthat must be submitted or maintainedby a regulated entity pursuant to thissection shall be treated in accordancewith 40 CFR part 2, Subpart B.

TABLE 1 TO SUBPART C.—VOC CONTENT LIMITS BY PRODUCT CATEGORY

Product categoryVOC contentlimit (weight-percent VOC)

Air fresheners:Single-phase ...................................................................................................................................................... 70Double-phase ..................................................................................................................................................... 30Liquids/pump sprays .......................................................................................................................................... 18Solids/gels .......................................................................................................................................................... 3

Automotive windshield washer fluid .......................................................................................................................... 35Bathroom and tile cleaners:

Aerosols ............................................................................................................................................................. 7All other forms .................................................................................................................................................... 5

Carburetor and choke cleaners ................................................................................................................................. 75Cooking sprays—aerosol ................................................................................................................................... 18

Dusting aids:Aerosols ............................................................................................................................................................. 35All other forms .................................................................................................................................................... 7

Engine degreasers .................................................................................................................................................... 75Fabric protectants ...................................................................................................................................................... 75Floor polishes/waxes:

Products for flexible flooring materials ............................................................................................................... 7Products for nonresilient flooring ....................................................................................................................... 10Wood floor wax .................................................................................................................................................. 90

Furniture maintenance products-aerosol .................................................................................................................. 25General purpose cleaners ......................................................................................................................................... 10Glass cleaners:

Aerosols ............................................................................................................................................................. 12All other forms .................................................................................................................................................... 8

Hairsprays ................................................................................................................................................................. 80Hair mousses ............................................................................................................................................................ 16Hair Styling gels ........................................................................................................................................................ 6Household adhesives:

Aerosols ............................................................................................................................................................. 75Contact ............................................................................................................................................................... 80Construction and panel ...................................................................................................................................... 40General purpose ................................................................................................................................................ 10Structural waterproof .......................................................................................................................................... 15

Insecticides:Crawling bug ...................................................................................................................................................... 40Flea and tick ....................................................................................................................................................... 25Flying bug ........................................................................................................................................................... 35Foggers .............................................................................................................................................................. 45Lawn and Garden .............................................................................................................................................. 20

Laundry prewash:Aerosols/solids ................................................................................................................................................... 22All other forms .................................................................................................................................................... 5

Laundry starch products ............................................................................................................................................ 5Nail polish removers .................................................................................................................................................. 85Oven cleaners:

Aerosols/pump ................................................................................................................................................... 8Liquids ................................................................................................................................................................ 5

Shaving creams ......................................................................................................................................................... 5


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.214

TABLE 2 TO SUBPART C.—HVOC 1 CONTENT LIMITS FOR UNDERARM DEODORANTS AND UNDERARMANTIPERSPIRANTS

Product category

Percent HVOCcontent limit(weight-per-cent HVOC)

Underarm antiperspirants—aerosol .......................................................................................................................... 60Underarm deodorants—aerosol ................................................................................................................................ 20

1 High-volatility organic compound (HVOC) are VOC with vapor pressure greater than 80 millimeters of mercury at 20 degreesCelsius.


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Subpart D— National Volatile Or-ganic Compound EmissionStandards for ArchitecturalCoatings

SOURCE: 63 FR 48877, Sept. 11, 1998, unlessotherwise noted.

§ 59.400 Applicability and compliancedates.

(a) Except as provided in paragraphs(b) and (c) of this section, the provi-sions of this subpart apply to each ar-chitectural coating manufactured on orafter September 13, 1999 for sale or dis-tribution in the United States.

(b) For any architectural coating reg-istered under the Federal Insecticide,Fungicide, and Rodenticide Act (7U.S.C. Section 136, et seq.), the provi-sions of this subpart apply to any suchcoating manufactured on or afterMarch 13, 2000 for sale or distributionin the United States.

(c) The provisions of this subpart donot apply to any architectural coatingdescribed in paragraphs (c)(1) through(c)(5) of this section:

(1) A coating that is manufacturedfor sale or distribution to architecturalcoating markets outside the UnitedStates; such a coating must not be soldor distributed within the United Statesas an architectural coating.

(2) A coating that is manufacturedprior to September 13, 1999.

(3) A coating that is sold in a non-refillable aerosol container.

(4) A coating that is collected and re-distributed at a paint exchange.

(5) A coating that is sold in a con-tainer with a volume of one liter orless.

§ 59.401 Definitions.Act means the Clean Air Act (42

U.S.C. 7401, et seq., as amended by Pub.L. 101–549, 104 Stat. 2399).

Adhesive means any chemical sub-stance that is applied for the purposeof bonding two surfaces together otherthan by mechanical means. Under thissubpart, adhesives are not consideredcoatings.

Administrator means the Adminis-trator of the United States Environ-mental Protection Agency (U.S. EPA)or an authorized representative.

Antenna coating means a coating for-mulated and recommended for applica-tion to equipment and associatedstructural appurtenances that are usedto receive or transmit electromagneticsignals.

Anti-fouling coating means a coatingformulated and recommended for appli-cation to submerged stationary struc-tures and their appurtenances to pre-vent or reduce the attachment of ma-rine or freshwater biological orga-nisms, including, but not limited to,coatings registered with the EPA underthe Federal Insecticide, Fungicide, andRodenticide Act (7 U.S.C. Section 136,et seq.) and nontoxic foul-release coat-ings.

Anti-graffiti coating means a clear oropaque high performance coating for-mulated and recommended for applica-tion to interior and exterior walls,doors, partitions, fences, signs, andmurals to deter adhesion of graffiti andto resist repeated scrubbing and expo-sure to harsh solvents, cleansers, orscouring agents used to remove graf-fiti.

Appurtenance means any accessory toa stationary structure, whether in-stalled or detached at the proximatesite of installation, including but notlimited to: bathroom and kitchen fix-tures; cabinets; concrete forms; doors;elevators; fences; hand railings; heat-ing equipment, air conditioning equip-ment, and other fixed mechanicalequipment or stationary tools; lampposts; partitions; pipes and piping sys-tems; rain gutters and downspouts;stairways, fixed ladders, catwalks, andfire escapes; and window screens.

Architectural coating means a coatingrecommended for field application tostationary structures and their appur-tenances, to portable buildings, topavements, or to curbs. This definitionexcludes adhesives and coatings rec-ommended by the manufacturer or im-porter solely for shop applications orsolely for application to non-stationarystructures, such as airplanes, ships,boats, and railcars.

Below-ground wood preservative meansa coating that is formulated and rec-ommended to protect below-groundwood from decay or insect attack andthat is registered with the EPA underthe Federal Insecticide, Fungicide, and


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.401

Rodenticide Act (7 U.S.C. Section 136,et seq.).

Bituminous coating and mastic means acoating or mastic formulated and rec-ommended for roofing, pavement seal-ing, or waterproofing that incorporatesbitumens. Bitumens are black or brownmaterials including, but not limited to,asphalt, tar, pitch, and asphaltite thatare soluble in carbon disulfide, consistmainly of hydrocarbons, and are ob-tained from natural deposits of asphaltor as residues from the distillation ofcrude petroleum or coal.

Bond breaker means a coating formu-lated and recommended for applicationbetween layers of concrete to prevent afreshly poured top layer of concretefrom bonding to the layer over which itis poured.

Calcimine recoater means a flatsolventborne coating formulated andrecommended specifically for recoatingcalcimine-painted ceilings and othercalcimine-painted substrates.

Chalkboard resurfacer means a coatingformulated and recommended for appli-cation to chalkboards to restore a suit-able surface for writing with chalk.

Clear means allowing light to passthrough, so that the substrate may bedistinctly seen.

Coating means a material appliedonto or impregnated into a substratefor protective, decorative, or func-tional purposes. Such materials in-clude, but are not limited to, paints,varnishes, sealants, inks, maskants,and temporary coatings. Protective,decorative, or functional materialsthat consist only of solvents, acids,bases, or any combination of these sub-stances are not considered coatings forthe purposes of this subpart.

Colorant means a concentrated pig-ment dispersion of water, solvent, and/or binder that is added to an architec-tural coating in a paint store or at thesite of application to produce the de-sired color.

Concrete curing compound means acoating formulated and recommendedfor application to freshly placed con-crete to retard the evaporation ofwater.

Concrete curing and sealing compoundmeans a liquid membrane-formingcompound marketed and sold solely forapplication to concrete surfaces to re-

duce the loss of water during the hard-ening process and to seal old and newconcrete providing resistance againstalkalis, acids, and ultraviolet light,and provide adhesion promotion quali-ties. The coating must meet the re-quirements of American Society forTesting and Materials (ASTM) C 1315–95, Standard Specification for LiquidMembrane-Forming Compounds HavingSpecial Properties for Curing and Seal-ing Concrete (incorporated by ref-erence—see § 59.412 of this subpart).

Concrete protective coating means ahigh-build coating, formulated and rec-ommended, for application in a singlecoat over concrete, plaster, or other ce-mentitious surfaces. These coatings areformulated to be primerless, one-coatsystems that can be applied over formoils and/or uncured concrete. Thesecoatings prevent spalling of concrete infreezing temperatures by providinglong-term protection from water andchloride ion intrusion.

Concrete surface retarder means a mix-ture of retarding ingredients such asextender pigments, primary pigments,resin, and solvent that interact chemi-cally with the cement to prevent hard-ening on the surface where the retarderis applied, allowing the retarded mix ofcement and sand at the surface to bewashed away to create an exposed ag-gregate finish.

Container means the individual recep-tacle that holds the coating for storageand/or sale or distribution.

Conversion varnish means a clear acidcuring coating with an alkyd or otherresin blended with amino resins andsupplied as a single component or two-component product. Conversion var-nishes produce a hard, durable, clearfinish designed for professional applica-tion to wood flooring. The film forma-tion is the result of an acid-catalyzedcondensation reaction, affecting atransetherification at the reactiveethers of the amino resins.

Dry fog coating means a coating for-mulated and recommended only forspray application such that overspraydroplets dry before subsequent contactwith incidental surfaces in the vicinityof the surface coating activity.

Exempt compounds means specific or-ganic compounds that are not consid-ered volatile organic compounds (VOC)


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due to negligible photochemical reac-tivity. The exempt compounds arespecified in 40 CFR 51.100.

Exterior coating means an architec-tural coating formulated and rec-ommended for use in conditions ex-posed to the weather.

Extreme high durability coating meansan air dry coating, including afluoropolymer-based coating, that isformulated and recommended fortouchup of precoated architectural alu-minum extrusions and panels and toensure the protection of architecturalsubsections, and that meets the weath-ering requirements of American Archi-tectural Manufacturer’s Association(AAMA) specification 605–98, VoluntarySpecification Performance Require-ments and Test Procedures for HighPerformance Organic Coatings on Alu-minum Extrusions and Panels, Section7.9 (incorporated by reference—see§ 59.412 of this subpart).

Faux-finishing/glazing means a coat-ing used for wet-in-wet techniques,such as faux woodgrain, faux marble,and simulated aging, which require thefinish to remain wet for an extendedperiod of time.

Fire-retardant/resistive coating means acoating formulated and recommendedto retard ignition and flame spread, orto delay melting or structural weak-ening due to high heat, that has beenfire tested and rated by a certified lab-oratory for use in bringing buildingsand construction materials into com-pliance with Federal, State, and localbuilding code requirements.

Flat coating means a coating that isnot defined under any other definitionin this section and that registers glossless than 15 on an 85-degree meter orless than 5 on a 60-degree meter accord-ing to ASTM Method D 523–89, Stand-ard Test Method for Specular Gloss (in-corporated by reference—see § 59.412 ofthis subpart).

Floor coating means an opaque coat-ing with a high degree of abrasion re-sistance that is formulated and rec-ommended for application to flooringincluding, but not limited to, decks,porches, and steps in a residential set-ting.

Flow coating means a coating that isused by electric power companies ortheir subcontractors to maintain the

protective coating systems present onutility transformer units.

Form release compound means a coat-ing formulated and recommended forapplication to a concrete form to pre-vent the freshly placed concrete frombonding to the form. The form mayconsist of wood, metal, or some mate-rial other than concrete.

Graphic arts coating or sign paintmeans a coating formulated and rec-ommended for hand-application by art-ists using brush or roller techniques toindoor or outdoor signs (excludingstructural components) and murals in-cluding lettering enamels, poster col-ors, copy blockers, and bulletin enam-els.

Heat reactive coating means a highperformance phenolic-based coating re-quiring a minimum temperature of 191°C (375 °F) to 204 °C (400 °F) to obtaincomplete polymerization or cure.These coatings are formulated and rec-ommended for commercial and indus-trial use to protect substrates fromdegradation and maintain product pu-rity in which one or more of the fol-lowing extreme conditions exist:

(1) Continuous or repeated immersionexposure of 90 to 98 percent sulfuricacid, or oleum;

(2) Continuous or repeated immersionexposure to strong organic solvents;

(3) Continuous or repeated immersionexposure to petroleum processing athigh temperatures and pressures; and

(4) Continuous or repeated immersionexposure to food or pharmaceuticalproducts which may or may not requirehigh temperature sterilization.

High temperature coating means a highperformance coating formulated andrecommended for application to sub-strates exposed continuously or inter-mittently to temperatures above 202°C(400°F).

Impacted immersion coating means ahigh performance maintenance coatingformulated and recommended for appli-cation to steel structures subject toimmersion in turbulent, debris-ladenwater. These coatings are specificallyresistant to high-energy impact dam-age caused by floating ice or debris.

Imported means that a coating manu-factured outside the United States hasbeen brought into the United States forsale or distribution.


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.401

Importer means a person that bringsarchitectural coatings into the UnitedStates for sale or distribution withinthe United States. This definition doesnot include any person that brings acoating into the United States and re-packages the coating by transferring itfrom one container to another, pro-vided the coating VOC content is notaltered and the coating is not sold ordistributed to another party. For pur-poses of applying this definition, divi-sions of a company, subsidiaries, andparent companies are considered to bea single importer.

Industrial maintenance coating meansa high performance architectural coat-ing, including primers, sealers,undercoaters, intermediate coats, andtopcoats formulated and recommendedfor application to substrates exposed toone or more of the following extremeenvironmental conditions in an indus-trial, commercial, or institutional set-ting:

(1) Immersion in water, wastewater,or chemical solutions (aqueous andnonaqueous solutions), or chronic expo-sure of interior surfaces to moisturecondensation;

(2) Acute or chronic exposure to cor-rosive, caustic, or acidic agents, or tochemicals, chemical fumes, or chem-ical mixtures or solutions;

(3) Repeated exposure to tempera-tures above 120 °C (250 °F);

(4) Repeated (frequent) heavy abra-sion, including mechanical wear andrepeated (frequent) scrubbing with in-dustrial solvents, cleansers, or scour-ing agents; or

(5) Exterior exposure of metal struc-tures and structural components.

Interior clear wood sealer means a lowviscosity coating formulated and rec-ommended for sealing and preparingporous wood by penetrating the woodand creating a uniform smooth sub-strate for a finish coat of paint or var-nish.

Interior coating means an architec-tural coating formulated and rec-ommended for use in conditions not ex-posed to natural weathering.

Label means any written, printed, orgraphic matter affixed to, applied to,attached to, blown into, formed, mold-ed into, embossed on, or appearingupon any architectural coating con-

tainer for purposes of branding, identi-fying, or giving information with re-spect to the product, use of the prod-uct, or contents of the container.

Lacquer means a clear or pigmentedwood finish, including clear lacquersanding sealers, formulated with cel-lulosic or synthetic resins to dry byevaporation without chemical reactionand to provide a solid, protective film.Lacquer stains are considered stains,not lacquers.

Low solids means containing 0.12 kilo-gram or less of solids per liter (1 poundor less of solids per gallon) of coatingmaterial and for which at least half ofthe volatile component is water.

Magnesite cement coating means acoating formulated and recommendedfor application to magnesite cementdecking to protect the magnesite ce-ment substrate from erosion by water.

Manufactured means that coating in-gredients have been combined and putinto containers that have been labeledand made available for sale or distribu-tion.

Manufacturer means a person thatproduces, packages, or repackages ar-chitectural coatings for sale or dis-tribution in the United States. A per-son that repackages architectural coat-ings as part of a paint exchange, anddoes not produce, package, or repack-age any other architectural coatingsfor sale or distribution in the UnitedStates, is excluded from this defini-tion. A person that repackages a coat-ing by transferring it from one con-tainer to another is excluded from thisdefinition, provided the coating VOCcontent is not altered and the coatingis not sold or distributed to anotherparty. For purposes of applying thisdefinition, divisions of a company, sub-sidiaries, and parent companies areconsidered to be a single manufacturer.

Mastic texture coating means a coatingformulated and recommended to coverholes and minor cracks and to concealsurface irregularities, and is applied ina single coat of at least 10 mils (0.010inch) dry film thickness.

Megagram means one million gramsor 1.102 tons.

Metallic pigmented coating means anonbituminous coating containing atleast 0.048 kilogram of metallic pig-ment per liter of coating (0.4 pound per


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gallon) including, but not limited to,zinc pigment.

Multi-colored coating means a coatingthat is packaged in a single containerand exhibits more than one color whenapplied.

Nonferrous ornamental metal lacquersand surface protectant means a clearcoating formulated and recommendedfor application to ornamental architec-tural metal substrates (bronze, stain-less steel, copper, brass, and anodizedaluminum) to prevent oxidation, corro-sion, and surface degradation.

Nonflat coating means a coating thatis not defined under any other defini-tion in this section and that registers agloss of 15 or greater on an 85-degreemeter or 5 or greater on a 60-degreemeter according to ASTM Method D523–89, Standard Test Method forSpecular Gloss (incorporated by ref-erence—see § 59.412 of this subpart).

Nuclear coating means a protectivecoating formulated and recommendedto seal porous surfaces such as steel (orconcrete) that otherwise would be sub-ject to intrusion by radioactive mate-rials. These coatings must be resistantto long-term (service life) cumulativeradiation exposure (ASTM Method D4082–89, Standard Test Method for Ef-fects of Gamma Radiation on Coatingsfor Use in Light-Water Nuclear PowerPlants (incorporated by reference—see§ 59.412 of this subpart)), relatively easyto decontaminate, and resistant to var-ious chemicals to which the coatingsare likely to be exposed (ASTM MethodD 3912–80 (Reapproved 1989), StandardTest Method for Chemical Resistanceof Coatings Used in Light-Water Nu-clear Power Plants (incorporated byreference—see § 59.412 of this subpart)).

Opaque means not allowing light topass through, so that the substrate isconcealed from view.

Paint exchange means a program inwhich consumers, excluding architec-tural coating manufacturers and im-porters, may drop off and pick up usa-ble post-consumer architectural coat-ings in order to reduce hazardouswaste.

Person means an individual, corpora-tion, partnership, association, Statemunicipality, political subdivision of aState, and any agency, department, orinstrumentality of the United States

and any officer, agent, or employeethereof.

Pigmented means containing finelyground insoluble powder used to pro-vide one or more of the following prop-erties: color; corrosion inhibition; con-ductivity; fouling resistance; opacity;or improved mechanical properties.

Post-consumer coating means an archi-tectural coating that has previouslybeen purchased by a consumer or dis-tributed to a consumer but not applied,and reenters the marketplace to bepurchased by or distributed to a con-sumer. Post-consumer coatings in-clude, but are not limited to, coatingscollected during hazardous waste col-lection programs for repackaging orblending with virgin coating materials.

Pretreatment wash primer means aprimer that contains a minimum of 0.5percent acid, by weight, that is formu-lated and recommended for applicationdirectly to bare metal surfaces in thinfilms to provide corrosion resistanceand to promote adhesion of subsequenttopcoats.

Primer means a coating formulatedand recommended for application to asubstrate to provide a firm bond be-tween the substrate and subsequentcoatings.

Quick-dry enamel means a nonflatcoating that has the following charac-teristics:

(1) Is capable of being applied di-rectly from the container under normalconditions with ambient temperaturesbetween 16 and 27°C (60 and 80°F);

(2) When tested in accordance withASTM Method D 1640–83 (Reapproved1989), Standard Test Methods for Dry-ing, Curing, or Film Formation of Or-ganic Coatings at Room Temperature(incorporated by reference—see§ 59.412), sets to touch in 2 hours or less,is tack free in 4 hours or less, and drieshard in 8 hours or less by the mechan-ical test method; and

(3) Has a dried film gloss of 70 orabove on a 60 degree meter.

Quick-dry primer, sealer, andundercoater means a primer, sealer, orundercoater that is dry to the touch ina 1⁄2 hour and can be recoated in 2 hourswhen tested in accordance with ASTMMethod D 1640–83 (Reapproved 1989),Standard Test Methods for Drying,Curing, or Film Formation of Organic


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40 CFR Ch. I (7– 1– 01 Edition)§ 59.401

Coatings at Room Temperature (incor-porated by reference—see § 59.412 of thissubpart).

Recycled coating means an architec-tural coating that contains some por-tion of post-consumer coating. Recy-cled architectural coatings include, butare not limited to, post-consumer coat-ings that have been repackaged orblended with virgin coating materials.

Repackage means to transfer an ar-chitectural coating from one containerto another.

Repair and maintenance thermoplasticcoating means an industrial mainte-nance coating that has vinyl orchlorinated rubber as a primary resinand is recommended solely for the re-pair of existing vinyl or chlorinatedrubber coatings without the full re-moval of the existing coating system.

Roof coating means a coating formu-lated and recommended for applicationto exterior roofs for the primary pur-pose of preventing penetration of thesubstrate by water or reflecting heatand reflecting ultraviolet radiation.This does not include thermoplasticrubber coatings.

Rust preventative coating means acoating formulated and recommendedfor use in preventing the corrosion offerrous metal surfaces in residentialsituations.

Sanding sealer means a clear woodcoating formulated and recommendedfor application to bare wood to seal thewood and to provide a coat that can besanded to create a smooth surface. Asanding sealer that also meets the defi-nition of a lacquer is not included inthis category, but is included in thelacquer category.

Sealer means a coating formulatedand recommended for application to asubstrate for one or more of the fol-lowing purposes: to prevent subsequentcoatings from being absorbed by thesubstrate; to prevent harm to subse-quent coatings by materials in the sub-strate; to block stains, odors, or efflo-rescence; to seal fire, smoke, or waterdamage; or to condition chalky sur-faces.

Semitransparent means not com-pletely concealing the surface of a sub-strate or its natural texture or grainpattern.

Shellac means a clear or pigmentedcoating formulated with natural resins(except nitrocellulose resins) soluble inalcohol (including, but not limited to,the resinous secretions of the lac bee-tle, Laciffer lacca). Shellacs dry byevaporation without chemical reactionand provide a quick-drying, solid pro-tective film that may be used forblocking stains.

Shop application means that a coatingis applied to a product or a componentof a product in a factory, shop, or otherstructure as part of a manufacturing,production, or repairing process (e.g.,original equipment manufacturingcoatings).

Stain means a coating that producesa dry film with minimal coloring. Thisincludes lacquer stains.

Stain controller means a conditioneror pretreatment coating formulatedand recommended for application towood prior to the application of a stainin order to prevent uneven penetrationof the stain.

Swimming pool coating means a coat-ing formulated and recommended tocoat the interior of swimming poolsand to resist swimming pool chemicals.

Thermoplastic rubber coating and mas-tic means a coating or mastic formu-lated and recommended for applicationto roofing or other structural surfacesand that incorporates no less than 40percent by weight of thermoplasticrubbers in the total resin solids andmay also contain other ingredients in-cluding, but not limited to, fillers, pig-ments, and modifying resins.

Tint base means a coating to whichcolorant is added in a paint store or atthe site of application to produce a de-sired color.

Traffic marking coating means a coat-ing formulated and recommended formarking and striping streets, high-ways, or other traffic surfaces includ-ing, but not limited to, curbs, berms,driveways, parking lots, sidewalks, andairport runways.

Undercoater means a coating formu-lated and recommended to provide asmooth surface for subsequent coat-ings.

United States means the UnitedStates of America, including the Dis-trict of Columbia, the Commonwealthof Puerto Rico, the Virgin Islands,


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Guam, American Samoa, and the Com-monwealth of the Northern Mariana Is-lands.

Varnish means a clear or semi-trans-parent coating, excluding lacquers andshellacs, formulated and recommendedto provide a durable, solid, protectivefilm. Varnishes may contain smallamounts of pigment to color a surface,or to control the final sheen or gloss ofthe finish.

Volatile organic compound or VOCmeans any organic compound that par-ticipates in atmospheric photo-chemical reactions, that is, any or-ganic compound other than thosewhich the Administrator designates ashaving negligible photochemical reac-tivity. For a list of compounds that theAdministrator has designated as hav-ing negligible photochemical reac-tivity, also referred to as exempt com-pounds, refer to 40 CFR 51.100(s).

VOC content means the weight ofVOC per volume of coating, calculatedaccording to the procedures in§ 59.406(a) of this subpart.

Waterproofing sealer and treatmentmeans a coating formulated and rec-ommended for application to a poroussubstrate for the primary purpose ofpreventing the penetration of water.

Wood preservative means a coatingformulated and recommended to pro-tect exposed wood from decay or insectattack, registered with the EPA underthe Federal Insecticide, Fungicide, andRodenticide Act (7 U.S.C. Section 136,et seq.).

Zone marking coating means a coatingformulated and recommended formarking and striping driveways, park-ing lots, sidewalks, curbs, or airportrunways, and sold or distributed in acontainer with a volume of 19 liters (5gallons) or less.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999]

§ 59.402 VOC content limits.

(a) Each manufacturer and importerof any architectural coating subject tothis subpart shall ensure that the VOCcontent of the coating does not exceedthe applicable limit in table 1 of thissubpart, except as provided in §§ 59.403and 59.404 of this subpart. Compliancewith the VOC content limits will be de-

termined based on the VOC content, asexpressed in metric units.

(b) Except as provided in paragraph(c) of this section, if anywhere on thecontainer of any architectural coating,or any label or sticker affixed to thecontainer, or in any sales, advertising,or technical literature supplied by amanufacturer or importer or anyoneacting on their behalf, any representa-tion is made that indicates that thecoating meets the definition of morethan one of the coating categories list-ed in table 1 of this subpart, then themost restrictive VOC content limitshall apply.

(c) The provision in paragraph (b) ofthis section does not apply to the coat-ings described in paragraphs (c)(1)through (c)(15) of this section.

(1) High temperature coatings thatalso meet the definition for metallicpigmented coatings are subject only tothe VOC content limit in table 1 of thissubpart for high temperature coatings.

(2) Lacquer coatings (including lac-quer sanding sealers) that are also rec-ommended for use in other architec-tural coating applications to wood, ex-cept as stains, are subject only to theVOC content limit in table 1 of thissubpart for lacquers.

(3) Metallic pigmented coatings thatalso meet the definition for roof coat-ings, industrial maintenance coatings,or primers are subject only to the VOCcontent limit in table 1 of this subpartfor metallic pigmented coatings.

(4) Shellacs that also meet the defini-tion for any other architectural coat-ing are subject only to the VOC con-tent limit in table 1 of this subpart forshellacs.

(5) Fire-retardant/resistive coatingsthat also meet the definition for anyother architectural coating are subjectonly to the VOC content limit in table1 of this subpart for fire-retardant/re-sistive coatings.

(6) Pretreatment wash primers thatalso meet the definition for primers orthat meet the definition for industrialmaintenance coatings are subject onlyto the VOC content limit in table 1 ofthis subpart for pretreatment washprimers.

(7) Industrial maintenance coatingsthat also meet the definition for prim-ers, sealers, undercoaters, or mastic


330

40 CFR Ch. I (7– 1– 01 Edition)§ 59.403

texture coatings are subject only tothe VOC content limit in table 1 of thissubpart for industrial maintenancecoatings.

(8) Varnishes and conversion var-nishes that also meet the definition forfloor coatings are subject only to theVOC content limit in table 1 of thissubpart for varnishes and conversionvarnishes, respectively.

(9) Anti-graffiti coatings, high tem-perature coatings, impacted immersioncoatings, thermoplastic rubber coat-ings and mastics, repair and mainte-nance thermoplastic coatings, and flowcoatings that also meet the definitionfor industrial maintenance coatingsare subject only to the VOC contentlimit in table 1 of this subpart for theirrespective categories (i.e., they are notsubject to the industrial maintenancecoatings VOC content limit in table 1of this subpart).

(10) Waterproofing sealers and treat-ments that also meet the definition forquick-dry sealers are subject only tothe VOC content limit in table 1 of thissubpart for waterproofing sealers andtreatments.

(11) Sanding sealers that also meetthe definition for quick-dry sealers aresubject only to the VOC content limitin table 1 of this subpart for sandingsealers.

(12) Nonferrous ornamental metallacquers and surface protectants thatalso meet the definition for lacquersare subject only to the VOC contentlimit in table 1 of this subpart for non-ferrous ornamental metal lacquers andsurface protectants.

(13) Quick-dry primers, sealers, andundercoaters that also meet the defini-tion for primers, sealers, orundercoaters are subject only to the

VOC content limit in table 1 of thissubpart for quick-dry primers, sealers,and undercoaters.

(14) Antenna coatings that also meetthe definition for industrial mainte-nance coatings or primers are subjectonly to the VOC content limit in table1 of this subpart for antenna coatings.

(15) Bituminous coatings and masticsthat also meet the definition for anyother architectural coatings are sub-ject only to the VOC content limit intable 1 of this subpart for bituminouscoatings and mastics.

(16) Zone marking coatings that alsomeet the definition for traffic markingcoatings are subject only to the VOCcontent limit in table 1 of this subpartfor zone marking coatings.

(17) Rust preventative coatings thatalso meet the definition for primers orundercoaters are subject only to theVOC content limit in table 1 of thissubpart for rust preventative coatings.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999]

§ 59.403 Exceedance fees.(a) Except as provided in § 59.404 of

this subpart, each manufacturer andimporter of any architectural coatingsubject to the provisions of this sub-part may exceed the applicable VOCcontent limit in table 1 of this subpartfor the coating if the manufacturer orimporter pays an annual exceedancefee. The exceedance fee must be cal-culated using the procedures in para-graphs (b) and (c) of this section.

(b) The exceedance fee paid by a man-ufacturer or importer, which is equalto the sum of the applicable exceed-ance fees for all coatings, must be cal-culated using equation 1 as follows:

Annual Exceedance Fee = Coating Feec ( )11c

n

=∑

Where:

Annual Exceedance Fee=The total an-nual exceedance fee for a manufac-turer or importer, in dollars.

Coating Feec=The annual exceedancefee for each coating (c), for which afee applies, in dollars.

n=number of coatings to which a feeapplies.


331


(c) The exceedance fee to be paid foreach coating must be determined usingequation 2 as follows:

Coating Fee = Fee Rate Excess VOC Volume Manufactured or Imported (2)c × ×

Where:Fee Rate = The rate of $0.0028 per gram

of excess VOC.Excess VOC = The VOC content of the

coating, or adjusted VOC content ofa recycled coating (if applicable),in grams of VOC per liter of coat-ing, minus the applicable VOC con-tent limit from table 1 of this sub-part (that is, VOC content of thecoating minus VOC content limit).

Volume Manufactured or Imported =The volume of the coating manu-factured or imported per year, in li-ters, including the volume of anywater and exempt compounds andexcluding the volume of anycolorant added to tint bases. Anyvolume for which a tonnage exemp-tion is claimed under § 59.404 of thissubpart is also excluded.

(d) The exceedance fee shall be sub-mitted to EPA by March 1 followingthe calendar year in which the coatingsare manufactured or imported andshall be sent to the address provided in§ 59.409(b).

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999, as amended at 65 FR 7737, Feb. 16,2000]

§ 59.404 Tonnage exemption.(a) Each manufacturer and importer

of any architectural coating subject tothe provisions of this subpart may des-ignate a limited quantity of coatingsto be exempt from the VOC contentlimits in table 1 of this subpart and theexceedance fee provisions of § 59.403 ofthis subpart, provided all of the re-quirements in paragraphs (a)(1)through (a)(4) of this section are met.

(1) The total amount of VOC con-tained in all the coatings selected for

exemption must be equal to or lessthan 23 megagrams (25 tons) for the pe-riod of time from September 13, 1999through December 31, 2000; 18megagrams (20 tons) in the year 2001;and 9 megagams (10 tons) per year inthe year 2002 and each subsequent year.The amount of VOC contained in eachcoating shall be calculated using theprocedure in paragraph (b) of this sec-tion. Compliance with the tonnage ex-emption will be determined based onthe amount of VOC, as expressed inmetric units.

(2) The container labeling require-ments of § 59.405 of this subpart.

(3) The recordkeeping requirementsof § 59.407(c) of this subpart.

(4) The reporting requirements of§ 59.408(b) and (e) of this subpart.

(b) Each manufacturer and importerchoosing to use the exemption de-scribed in paragraph (a) of this sectionmust use equations 3 and 4 to calculatethe total amount of VOC for each timeperiod the exemption is elected. TheVOC amount shall be determined with-out colorant that is added after thetint base is manufactured or imported.

Total VOC VOCcc

n

==∑

1

3( )

Where:

Total VOC = Total megagrams of VOCcontained in all coatings beingclaimed under the exemption.

VOCc = Megagrams of VOC, for eachcoating (c) claimed under the ex-emption, as computed by equation4.

n = Number of coatings for which ex-emption is claimed.

VOCc = ∗ ×( ( ( )Volume Manufactured or Imported) VOC Amount)/1 106 4


332

40 CFR Ch. I (7– 1– 01 Edition)§ 59.405

Where:Volume Manufactured or Imported =

Volume of the coating manufac-tured or imported, in liters, includ-ing the volume of any water andexempt compounds and excludingthe volume of any colorant addedto tint bases, for the time periodthe exemption is claimed.

VOC Amount = Grams of VOC per literof coating thinned to the manufac-turer’s maximum recommendation,including the volume of any waterand exempt compounds.’’

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999]

§ 59.405 Container labeling require-ments.

(a) Each manufacturer and importerof any architectural coating subject tothe provisions of this subpart shall pro-vide the information listed in para-graphs (a)(1) through (a)(3) of this sec-tion on the coating container in whichthe coating is sold or distributed.

(1) The date the coating was manu-factured, or a date code representingthe date shall be indicated on the label,lid, or bottom of the container.

(2) A statement of the manufactur-er’s recommendation regardingthinning of the coating shall be indi-cated on the label or lid of the con-tainer. This requirement does notapply to the thinning of architecturalcoatings with water. If thinning of thecoating prior to use is not necessary,the recommendation must specify thatthe coating is to be applied withoutthinning.

(3) The VOC content of the coating asdescribed in paragraph (a)(3)(i) or(a)(3)(ii) of this section shall be indi-cated on the label or lid of the con-tainer.

(i) The VOC content of the coating,displayed in units of grams of VOC perliter of coating or in units of pounds ofVOC per gallon of coating; or

(ii) The VOC content limit in table 1of this subpart with which the coatingis required to comply and does comply,displayed in units of grams of VOC perliter of coating or in units of pounds ofVOC per gallon of coating.

(b) In addition to the informationspecified in paragraph (a) of this sec-tion, each manufacturer and importer

of any industrial maintenance coatingsubject to the provisions of this sub-part shall display on the label or lid ofthe container in which the coating issold or distributed one or more of thedescriptions listed in paragraphs (b)(1)through (b)(4) of this section.

(1) ‘‘For industrial use only.’’(2) ‘‘For professional use only.’’(3) ‘‘Not for residential use’’ or ‘‘Not

intended for residential use.’’(4) ‘‘This coating is intended for use

under the following condition(s):’’ (In-clude each condition in paragraphs(b)(4)(i) through (b)(4)(v) of this sectionthat applies to the coating.)

(i) Immersion in water, wastewater,or chemical solutions (aqueous andnonaqueous solutions), or chronic expo-sure of interior surfaces to moisturecondensation;

(ii) Acute or chronic exposure to cor-rosive, caustic, or acidic agents, or tochemicals, chemical fumes, or chem-ical mixtures or solutions;

(iii) Repeated exposure to tempera-tures above 120° C (250° F);

(iv) Repeated (frequent) heavy abra-sion, including mechanical wear andrepeated (frequent) scrubbing with in-dustrial solvents, cleansers, or scour-ing agents; or

(v) Exterior exposure of metal struc-tures and structural components.

(c) In addition to the informationspecified in paragraph (a) of this sec-tion, each manufacturer and importerof any recycled coating who calculatesthe VOC content using equations 7 and8 in § 59.406(a)(3) of this subpart shallinclude the following statement indi-cating the post-consumer coating con-tent on the label or lid of the containerin which the coating is sold or distrib-uted: ‘‘CONTAINS NOT LESS THAN XPERCENT BY VOLUME POST-CON-SUMER COATING,’’ where ‘‘X’’ is re-placed by the percent by volume ofpost-consumer architectural coating.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999]

§ 59.406 Compliance provisions.(a) For the purpose of determining

compliance with the VOC content lim-its in table 1 of this subpart, each man-ufacturer and importer shall determinethe VOC content of a coating using theprocedures described in paragraph


333


(a)(1), (a)(2), or (a)(3) of this section, asappropriate. The VOC content of a tintbase shall be determined withoutcolorant that is added after the tintbase is manufactured or imported.

(1) With the exception of low solidsstains and low solids wood preserva-tives, determine the VOC content ingrams of VOC per liter of coatingthinned to the manufacturer’s max-imum recommendation, excluding thevolume of any water and exempt com-pounds. Calculate the VOC contentusing equation 5 as follows:

VOC ContentW W W

V V Vs w ec

m w ec

=− −( )− −( ) ( )5

Where:VOC content = grams of VOC per liter

of coatingWs = weight of volatiles, in gramsWw = weight of water, in gramsWec = weight of exempt compounds, in

gramsVm = volume of coating, in litersVw = volume of water, in litersVec = volume of exempt compounds, in

liters(2) For low solids stains and low sol-

ids wood preservatives, determine the

VOC content in units of grams of VOCper liter of coating thinned to the man-ufacturer’s maximum recommenda-tion, including the volume of anywater and exempt compounds. Cal-culate the VOC content using equation6 as follows:

VOC ContentW W W

Vlss w ec

m

=− −( )

( ) ( )6

Where:

VOC content 1s = the VOC content of alow solids coating in grams of VOCper liter of coating

Ws = weight of volatiles, in gramsWw = weight of water, in gramsWec = weight of exempt compounds, in

gramsVm = volume of coating, in liters

(3) For recycled coatings, the manu-facturer or importer has the option ofcalculating an adjusted VOC content toaccount for the post-consumer coatingcontent. If this option is used, themanufacturer or importer shall deter-mine the adjusted VOC content usingequations 7 and 8 as follows:Where:

Adjusted VOC Content = Actual VOC Content OC ContentPercent Post-consumer Coating

−

Actual V100

7( )

Adjusted VOC content = The VOC con-tent assigned to the recycled coat-ing for purposes of complying withthe VOC content limits in table 1 ofthis subpart.

Actual VOC content = The VOC con-tent of the coating as determined

using equation 5 in paragraph (a)(1)of this section.

Percent Post-consumer Coating = Thevolume percent of a recycled coat-ing that is post-consumer coatingmaterials (as determined in equa-tion 8)

Percent Post-consumer Coating =Volume of Post-consumer Coating

(Volume of Post-consumer Coating + Volume of Virgin Materials) Percent (8)×100

Where:

Percent Post-consumer Coating = Thevolume percent of a recycled coat-ing that is post-consumer coatingmaterials.

Volume of Post-consumer Coating =The volume, in liters, of post-con-sumer coating materials used inthe production of a recycled coat-ing.


334

40 CFR Ch. I (7– 1– 01 Edition)§ 59.407

Volume of Virgin Materials = The vol-ume, in liters, of virgin coating ma-terials used in the production of arecycled coating.

(b) To determine the composition of acoating in order to perform the cal-culations in paragraph (a) of this sec-tion, the reference method for VOCcontent is Method 24 of appendix A of40 CFR part 60, except as provided inparagraphs (c) and (d) of this section.To determine the VOC content of acoating, the manufacturer or importermay use Method 24 of appendix A of 40CFR part 60, an alternative method asprovided in paragraph (c) of this sec-tion, formulation data, or any otherreasonable means for predicting thatthe coating has been formulated as in-tended (e.g., quality assurance checks,recordkeeping). However, if there areany inconsistencies between the resultsof a Method 24 test and any othermeans for determining VOC content,the Method 24 test results will govern,except as provided in paragraph (c) ofthis section. The Administrator mayrequire the manufacturer or importerto conduct a Method 24 analysis.

(c) The Administrator may approve,on a case-by-case basis, a manufactur-er’s or importer’s use of an alternativemethod in lieu of Method 24 for deter-mining the VOC content of coatings ifthe alternative method is dem-onstrated to the Administrator’s satis-faction to provide results that are ac-ceptable for purposes of determiningcompliance with this subpart.

(d) Analysis of methacrylate multi-component coatings used as trafficmarking coatings shall be conductedaccording to the procedures specifiedin appendix A to this subpart. Appen-dix A to this subpart is a modificationof Method 24 of appendix A of 40 CFRpart 60. The modification of Method 24provided in appendix A to this subparthas not been approved for methacry-late multicomponent coatings used forother purposes than as traffic markingcoatings or for other classes of multi-component coatings.

(e) The Administrator may determinea manufacturer’s or importer’s compli-ance with the provisions of this sub-part based on information required bythis subpart (including the records andreports required by §§ 59.407 and 59.408

of this subpart) or any other informa-tion available to the Administrator.

§ 59.407 Recordkeeping requirements.(a) Each manufacturer and importer

using the provisions of § 59.406(a)(3) ofthis subpart to determine the VOC con-tent of a recycled coating shall main-tain in written or electronic formrecords of the information specified inparagraphs (a)(1) through (a)(6) of thissection for a period of 3 years.

(1) The minimum volume percentpost-consumer coating content for eachrecycled coating.

(2) The volume of post-consumercoating received for recycling.

(3) The volume of post-consumercoating received that was unusable.

(4) The volume of virgin materials.(5) The volume of the final recycled

coating manufactured or imported.(6) Calculations of the adjusted VOC

content as determined using equation 7in § 59.406(a)(3) of this subpart for eachrecycled coating.

(b) Each manufacturer and importerusing the exceedance fee provisions in§ 59.403 of this subpart, as an alter-native to achieving the VOC contentlimits in table 1 of this subpart, shallmaintain in written or electronic formthe records specified in paragraphs(b)(1) through (b)(7) of this section for aperiod of 3 years.

(1) A list of the coatings and the as-sociated coating categories in table 1of this subpart for which the exceed-ance fee is used.

(2) Calculations of the annual fee foreach coating and the total annual feefor all coatings using the procedure in§ 59.403 (b) and (c) of this subpart.

(3) The VOC content of each coatingin grams of VOC per liter of coating.

(4) The excess VOC content of eachcoating in grams of VOC per liter ofcoating.

(5) The total volume of each coatingmanufactured or imported per calendaryear, in liters, including the volume ofany water and exempt compounds andexcluding the volume of any colorantadded to tint bases.

(6) The annual fee for each coating.(7) The total annual fee for all coat-

ings.(c) Each manufacturer and importer

claiming the tonnage exemption in


335


§ 59.404 of this subpart shall maintainin written or electronic form therecords specified in paragraphs (c)(1)through (c)(4) of this section for a pe-riod of 3 years.

(1) A list of all coatings and associ-ated coating categories in table 1 ofthis subpart for which the exemption isclaimed.

(2) The VOC amount as used in equa-tion 4.

(3) The volume manufactured or im-ported, in liters, for each coating forwhich the exemption is claimed for thetime period the exemption is claimed.

(4) The total megagrams of VOC con-tained in each coating for which theexemption is claimed, and for all coat-ings combined for which the exemptionis claimed, for the time period the ex-emption is claimed, as calculated in§ 59.404(b) of this subpart.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999]

§ 59.408 Reporting requirements.

(a) Each manufacturer and importerof any architectural coating subject tothe provisions of this subpart shall sub-mit reports and exceedance fees speci-fied in this section to the appropriateaddress as listed in § 59.409 of this sub-part.

(b) Each manufacturer and importerof any architectural coating subject tothe provisions of this subpart shall sub-mit an initial notification report nolater than the applicable compliancedate specified in § 59.400, or within 180days after the date that the first archi-tectural coating is manufactured orimported, whichever is later. The ini-tial report must include the informa-tion in paragraphs (b)(1) through (b)(3)of this section.

(1) The name and mailing address ofthe manufacturer or importer.

(2) The street address of each one ofthe manufacturer’s or importer’s facili-ties in the United States that is pro-ducing, packaging, or repackaging anyarchitectural coating subject to theprovisions of this subpart.

(3) A list of the categories from table1 of this subpart for which the manu-facturer’s or importer’s coatings meetthe definitions in § 59.401 of this sub-part.

(4) If a date code is used on a coatingcontainer to represent the date a coat-ing was manufactured, as allowed in§ 59.405(a)(1) of this subpart, the manu-facturer or importer of the coatingshall include an explanation of eachdate code in the initial notification re-port and shall submit an explanation ofany new date code no later than 30 daysafter the new date code is first used onthe container for a coating.

(c) Each manufacturer and importerof a recycled coating that chooses todetermine the adjusted VOC contentaccording to the provisions of§ 59.406(a)(3) to demonstrate compliancewith the applicable VOC content limitin table 1 of this subpart shall submita report containing the information inparagraphs (c)(1) through (c)(5) of thissection. The report must be submittedfor each coating for which the adjustedVOC content is used to demonstratecompliance. This report must be sub-mitted by March 1 of the year fol-lowing any calendar year in which theadjusted VOC content provision isused.

(1) The minimum volume percentpost-consumer coating content for eachrecycled coating.

(2) The volume of post-consumercoating received for recycling.

(3) The volume of post-consumercoating received that was unusable.

(4) The volume of virgin materialsused.

(5) The volume of the final recycledcoating manufactured or imported.

(d) Each manufacturer and importerthat uses the exceedance fee provisionsof § 59.403 of this subpart shall reportthe information in paragraphs (d)(1)through (d)(7) of this section for eachcoating for which the exceedance feeprovisions are used. This report andthe exceedance fee payment must besubmitted by March 1 following thecalendar year in which the coating ismanufactured or imported.

(1) Manufacturer’s or importer’sname and mailing address.

(2) A list of all coatings and the asso-ciated coating categories in table 1 ofthis subpart for which the exceedancefee provision is being used.

(3) The VOC content of each coatingthat exceeds the applicable VOC con-tent limit in table 1 of this subpart.


336

40 CFR Ch. I (7– 1– 01 Edition)§ 59.409

(4) The excess VOC content of eachcoating in grams of VOC per liter ofcoating.

(5) The total volume of each coatingmanufactured or imported per calendaryear, in liters, including the volume ofany water and exempt compounds andexcluding the volume of any colorantadded to tint bases.

(6) The annual fee for each coating.(7) The total annual fee for all coat-

ings.(e) Each manufacturer and importer

of architectural coatings for which atonnage exemption under § 59.404 of thissubpart is claimed shall submit a re-port no later than March 1 of the yearfollowing the calendar year in whichthe exemption was claimed. The reportmust include the information in para-graphs (f)(1) through (f)(4) of this sec-tion.

(1) A list of all coatings and the asso-ciated coating categories in table 1 ofthis subpart for which the exemptionwas claimed.

(2) The VOC amount as used in equa-tion 4.

(3) The volume manufactured or im-ported, in liters, for each coating forwhich the exemption is claimed for thetime period the exemption is claimed.

(4) The total megagrams of VOC con-tained in all coatings for which the ex-emption was claimed for the time pe-riod the exemption was claimed, as cal-culated in § 59.404(b) of this subpart.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999]

§ 59.409 Addresses of EPA Offices.(a) Except for exceedance fee pay-

ments, each manufacturer and im-porter of any architectural coatingsubject to the provisions of this sub-part shall submit all requests, reports,submittals, and other communicationsto the Administrator pursuant to thisregulation to the Regional Office of theU.S. Environmental Protection Agencythat serves the State or Territory inwhich the corporate headquarters ofthe manufacturer or importer resides.These areas are indicated in the fol-lowing list of EPA Regional Offices:

EPA Region I (Connecticut, Maine, Massa-chusetts, New Hampshire, Rhode Island,Vermont), Director, Office of Environ-

mental Stewardship, Mailcode: SAA, OneCongress Street, Boston, MA 02114–2023.

EPA Region II (New Jersey, New York, Puer-to Rico, Virgin Islands), Director, Divisionof Enforcement and Compliance Assist-ance, 290 Broadway, New York, NY 10007–1866.

EPA Region III (Delaware, District of Co-lumbia, Maryland, Pennsylvania, Virginia,West Virginia), Director, Air ProtectionDivision, 1650 Arch Street, Philadelphia,PA 19103.

EPA Region IV (Alabama, Florida, Georgia,Kentucky, Mississippi, North Carolina,South Carolina, Tennessee), Director, Air,Pesticides, and Toxics Management Divi-sion, 61 Forsyth Street, Atlanta, GA 30303.

EPA Region V (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin), Director, Airand Radiation Division, 77 West JacksonBoulevard, Chicago, IL 60604–3507.

EPA Region VI (Arkansas, Louisiana, NewMexico, Oklahoma, Texas), Director,Multimedia Planning and Permitting Divi-sion, 1445 Ross Avenue, Dallas, TX 75202–2733.

EPA Region VII (Iowa, Kansas, Missouri, Ne-braska), Director, Air, RCRA, and ToxicsDivision, 901 North 5th Street, KansasCity, KS 66101.

EPA Region VIII (Colorado, Montana, NorthDakota, South Dakota, Utah, Wyoming),Director, Office of Partnerships and Regu-latory Assistance, 999 18th Street, Suite500, Denver, Colorado 80202–2466.

EPA Region IX (American Samoa, Arizona,California, Guam, Hawaii, Nevada), Direc-tor, Air Division, 75 Hawthorne Street, SanFrancisco, CA 94105.

EPA Region X (Alaska, Oregon, Idaho, Wash-ington), Director, Office of Air Quality,1200 Sixth Avenue, Seattle, WA 98101.(b) Each manufacturer and importer

who uses the exceedance fee provisionsof § 59.403 shall submit the exceedancefee payment required by § 59.408(d) tothe following address: EnvironmentalProtection Agency, AIM ExceedanceFees, Post Office Box 371293M, Pitts-burgh, PA 15251. This address is for thefee payment only; the exceedance feereport required by § 59.408(d) is to besubmitted to the appropriate EPA Re-gional Office listed in paragraph (a) ofthis section. The exceedance fee pay-ment in the form of a check or moneyorder must be made payable to ‘‘U.S.Environmental Protection Agency’’ or‘‘US EPA.’’

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June30, 1999, as amended at 65 FR 7737, Feb. 16,2000]


337


§ 59.410 State authority.The provisions of this subpart must

not be construed in any manner to pre-clude any State or political subdivisionthereof from:

(a) Adopting and enforcing any emis-sions standard or limitation applicableto a manufacturer or importer of archi-tectural coatings; or

(b) Requiring the manufacturer orimporter of architectural coatings toobtain permits, licenses, or approvalsprior to initiating construction, modi-fication, or operation of a facility formanufacturing an architectural coat-ing.

§ 59.411 Circumvention.Each manufacturer and importer of

any architectural coating subject tothe provisions of this subpart must notalter, destroy, or falsify any record orreport, to conceal what would other-wise be noncompliance with this sub-part. Such concealment includes, but isnot limited to, refusing to provide theAdministrator access to all requiredrecords and date-coding information,altering the VOC content of a coatingbatch, or altering the results of any re-quired tests to determine VOC content.

§ 59.412 Incorporations by reference.(a) The materials listed in this sec-

tion are incorporated by reference inthe paragraphs noted in § 59.401. Theseincorporations by reference were ap-proved by the Director of the FederalRegister in accordance with 5 U.S.C.552(a) and 1 CFR part 51. These mate-rials are incorporated as they exist onthe date of the approval, and notice ofany changes in these materials will bepublished in the FEDERAL REGISTER.The materials are available for pur-chase at the corresponding addressesnoted below, and all are available forinspection at the Office of the FederalRegister, 800 North Capitol Street, NW,Suite 700, Washington, DC; at the Airand Radiation Docket and InformationCenter, U.S. EPA, 401 M St., SW.,Washington, DC 20460; and at the EPALibrary (MD–35), U.S. EPA, ResearchTriangle Park, North Carolina.

(b) The materials listed below areavailable for purchase at the followingaddress: American Society for Testingand Materials (ASTM), 100 Barr Harbor

Drive, West Conshohocken, PA 19428–2959.

(1) ASTM Method C 1315–95, StandardSpecification for Liquid Membrane-Forming Compounds Having SpecialProperties for Curing and Sealing Con-crete, incorporation by reference ap-proved for § 59.401, Concrete curing andsealing compound.

(2) ASTM Method D 523–89, StandardTest Method for Specular Gloss, incor-poration by reference approved for§ 59.401, Flat coating and Nonflat coating.

(3) ASTM Method D 1640–83 (Re-approved 1989), Standard Test Methodsfor Drying, Curing, or Film Formationof Organic Coatings at Room Tempera-ture, incorporation by reference ap-proved for § 59.401, Quick-dry enamel andQuick-dry primer, sealer, andundercoater.

(4) ASTM Method D 3912–80 (Re-approved 1989), Standard Test Methodfor Chemical Resistance of CoatingsUsed in Light-Water Nuclear PowerPlants, incorporation by reference ap-proved for § 59.401, Nuclear coating.

(5) ASTM Method D 4082–89, StandardTest Method for Effects of Gamma Ra-diation on Coatings for Use in Light-Water Nuclear Power Plants, incorpo-ration by reference approved for§ 59.401, Nuclear coating.

(c) The following material is avail-able from the AAMA, 1827 Walden Of-fice Square, Suite 104, Schaumburg, IL60173.

(1) AAMA 605–98, Voluntary Speci-fication Requirements and Test Proce-dures for High Performance OrganicCoatings on Aluminum Extrusions andPanels, incorporation by reference ap-proved for § 59.401, Extreme high dura-bility coating.

(2) [Reserved]

§ 59.413 Availability of informationand confidentiality.

(a) Availability of information. Theavailability to the public of informa-tion provided to or otherwise obtainedby the Administrator under this partshall be governed by part 2 of thischapter.

(b) Confidentiality. All confidentialbusiness information entitled to pro-tection under section 114(c) of the Actthat must be submitted or maintainedby each manufacturer or importer of


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40 CFR Ch. I (7– 1– 01 Edition)Pt. 59, Subpt. D, App. A

architectural coatings pursuant to thissection shall be treated in accordancewith 40 CFR part 2, subpart B.

APPENDIX A TO SUBPART D OF PART 59—DETERMINATION OF VOLATILE MAT-TER CONTENT OF METHACRYLATEMULTICOMPONENT COATINGS USED ASTRAFFIC MARKING COATINGS

1.0 PRINCIPLE AND APPLICABILITY

1.1 Applicability. This modification toMethod 24 of appendix A of 40 CFR part 60 ap-plies to the determination of volatile mattercontent of methacrylate multicomponentcoatings used as traffic marking coatings.

1.2 Principle. A known amount of meth-acrylate multicomponent coating is dis-persed in a weighing dish using a stirring de-vice before the volatile matter is removed byheating in an oven.

2.0 PROCEDURE

2.1 Prepare about 100 milliliters (mL) ofsample by mixing the components in a stor-age container, such as a glass jar with ascrew top or a metal can with a cap. Thestorage container should be just largeenough to hold the mixture. Combine thecomponents (by weight or volume) in theratio recommended by the manufacturer.Tightly close the container between addi-tions and during mixing to prevent loss ofvolatile materials. Most manufacturers’ mix-ing instructions are by volume. Because ofpossible error caused by expansion of the liq-uid when measuring the volume, it is rec-ommended that the components be combinedby weight. When weight is used to combinethe components and the manufacturer’s rec-ommended ratio is by volume, the densitymust be determined by section 3.5 of Method24 of appendix A of 40 CFR part 60.

2.2 Immediately after mixing, takealiquots from this 100 mL sample for deter-mination of the total volatile content, watercontent, and density. To determine watercontent, follow section 3.4 of Method 24 ofappendix A of 40 CFR part 60. To determinedensity, follow section 3.5 of Method 24. Todetermine total volatile content, use the ap-paratus and reagents described in section3.8.2 of Method 24 and the following proce-dures:

2.2.1 Weigh and record the weight of analuminum foil weighing dish and a metal

paper clip. Using a syringe as specified insection 3.8.2.1 of Method 24, weigh to 1 milli-grams (mg), by difference, a sample of coat-ing into the weighing dish. For methacrylatemulticomponent coatings used for trafficmarking use 3.0 ± 0.1 g.

2.2.2 Add the specimen and use the metalpaper clip to disperse the specimen over thesurface of the weighing dish. If the materialforms a lump that cannot be dispersed, dis-card the specimen and prepare a new one.Similarly, prepare a duplicate. The sampleshall stand for a minimum of 1 hour, but nomore than 24 hours before being oven driedat 110 ± 5 degrees Celsius for 1 hour.

2.2.3 Heat the aluminum foil dishes con-taining the dispersed specimens in the forceddraft oven for 60 minutes at 110 ± 5 degreesCelsius. Caution—provide adequate ventila-tion, consistent with accepted laboratorypractice, to prevent solvent vapors from ac-cumulating to a dangerous level.

2.2.4 Remove the dishes from the oven,place immediately in a desiccator, cool toambient temperature, and weigh to within 1mg. After weighing, break up the film of thecoating using the metal paper clip. Weighdish to within 1 mg. Return to forced draftoven for an additional 60 minutes at 110 ± 5degrees Celsius.

2.2.5 Remove the dishes from the oven,place immediately in a desiccator, cool toambient temperature, and weigh to within 1mg.

2.2.6 Run analyses in pairs (duplicate setsfor each coating mixture until the criterionin section 4.3 of Method 24 of appendix A of40 CFR part 60 is met. Calculate the weightof volatile matter for each heating periodfollowing Equation 24–2 of Method 24 andrecord the arithmetic average. Add thearithmetic average for the two heating peri-ods to obtain the weight fraction of the vola-tile matter.

3.0 DATA VALIDATION PROCEDURE

3.1 Follow the procedures in Section 4 ofMethod 24 of appendix A to 40 CFR part 60.

3.2 If more than 10 percent of the sampleis lost when the sample is being broken up in2.2.4, the sample is invalid.

4.0 CALCULATIONS

Follow the calculation procedures in Sec-tion 5 of Method 24 of appendix A of 40 CFRpart 60.

TABLE 1 TO SUBPART D—VOLATILE ORGANIC COMPOUND (VOC), CONTENT LIMITS

FOR ARCHITECTURAL COATINGS[Unless otherwise specified, limits are expressed in grams of VOC per liter of coating thinned to the manufacturer’s maximum

recommendation excluding the volume of any water, exempt compounds, or colorant added to tint bases.]


Pounds VOCper gallon a

Antenna coatings ........................................................................................................................... 530 4.4


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Environmental Protection Agency Pt. 59, Subpt. D, Table 1

[Unless otherwise specified, limits are expressed in grams of VOC per liter of coating thinned to the manufacturer’s maximumrecommendation excluding the volume of any water, exempt compounds, or colorant added to tint bases.]


Pounds VOCper gallon a

Anti-fouling coatings ...................................................................................................................... 450 3.8Anti-graffiti coatings ....................................................................................................................... 600 5.0Bituminous coatings and mastics .................................................................................................. 500 4.2Bond breakers ............................................................................................................................... 600 5.0Calcimine recoater ........................................................................................................................ 475 4.0Chalkboard resurfacers ................................................................................................................. 450 3.8Concrete curing compounds ......................................................................................................... 350 2.9Concrete curing and sealing compounds ..................................................................................... 700 5.8Concrete protective coatings ......................................................................................................... 400 3.3Concrete surface retarders ........................................................................................................... 780 6.5Conversion varnish ........................................................................................................................ 725 6.0Dry fog coatings ............................................................................................................................ 400 3.3Extreme high durability coatings ................................................................................................... 800 6.7Faux finishing/glazing .................................................................................................................... 700 5.8Fire-retardant/resistive coatings:

Clear .......................................................................................................................................... 850 7.1Opaque ...................................................................................................................................... 450 3.8

Flat coatings:Exterior coatings ........................................................................................................................ 250 2.1Interior coatings ......................................................................................................................... 250 2.1Floor coatings ............................................................................................................................ 400 3.3Flow coatings ............................................................................................................................. 650 5.4Form release compounds .......................................................................................................... 450 3.8Graphic arts coatings (sign paints) ............................................................................................ 500 4.2Heat reactive coatings ............................................................................................................... 420 3.5High temperature coatings ........................................................................................................ 650 5.4Impacted immersion coatings .................................................................................................... 780 6.5Industrial maintenance coatings ................................................................................................ 450 3.8Lacquers (including lacquer sanding sealers) ........................................................................... 680 5.7Magnesite cement coatings ....................................................................................................... 600 5.0Mastic texture coatings .............................................................................................................. 300 2.5Metallic pigmented coatings ...................................................................................................... 500 4.2Multi-colored coatings ................................................................................................................ 580 4.8Nonferrous ornamental metal lacquers and surface protectants .............................................. 870 7.3

Nonflat coatings:Exterior coatings ........................................................................................................................ 380 3.2Interior coatings ......................................................................................................................... 380 3.2Nuclear coatings ........................................................................................................................ 450 3.8Pretreatment wash primers ....................................................................................................... 780 6.5Primers and undercoaters ......................................................................................................... 350 2.9

Quick-dry coatings:Enamels ..................................................................................................................................... 450 3.8Primers, sealers, and undercoaters .......................................................................................... 450 3.8Repair and maintenance thermoplastic coatings ...................................................................... 650 5.4Roof coatings ............................................................................................................................. 250 2.1Rust preventative coatings ........................................................................................................ 400 3.3Sanding sealers (other than lacquer sanding sealers) ............................................................. 550 4.6Sealers (including interior clear wood sealers) ......................................................................... 400 3.3

Shellacs:Clear .......................................................................................................................................... 730 6.1Opaque ...................................................................................................................................... 550 4.6

Stains:Clear and semitransparent ........................................................................................................ 550 4.6Opaque ...................................................................................................................................... 350 2.9Low solids .................................................................................................................................. b 120 b 1.0Stain controllers ......................................................................................................................... 720 6.0Swimming pool coatings ............................................................................................................ 600 5.0Thermoplastic rubber coatings and mastics .............................................................................. 550 4.6Traffic marking coatings ............................................................................................................ 150 1.3Varnishes ................................................................................................................................... 450 3.8Waterproofing sealers and treatments ...................................................................................... 600 5.0

Wood preservatives:Below ground wood preservatives ............................................................................................ 550 4.6Clear and semitransparent ........................................................................................................ 550 4.6Opaque ...................................................................................................................................... 350 2.9Low solids .................................................................................................................................. b 120 b 1.0Zone marking coatings .............................................................................................................. 450 3.8

a English units are provided for information only. Compliance will be determined based on the VOC content limit, as expressedin metric units.

b Units are grams of VOC per liter (pounds of VOC per gallon) of coating, including water and exempt compounds, thinned tothe maximum thinning recommended by the manufacturer.


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40 CFR Ch. I (7– 1– 01 Edition)Pt. 59, Subpt. D, Table 1

[63 FR 48877, Sept. 11, 1998; 63 FR 55175, Oct.14, 1998; 63 FR 32103, June 15, 1999; 64 FR35002, June 30, 1999]


subpart b national volatile or- ganic compound emission...

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