[Title 40 CFR 59]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 59 - NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT52002-07-012002-07-01falseNATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS59PART 59PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCYAIR PROGRAMS (CONTINUED)
PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS--Table of Contents
Sec.
Subpart A [Reserved]
Subpart B--National Volatile Organic Compound Emission Standards for
Automobile Refinish Coatings
59.100 Applicability and designation of regulated entity.
59.101 Definitions.
59.102 Standards.
59.103 Container labeling requirements.
59.104 Compliance provisions.
59.105 Reporting requirements.
59.106 Variance.
59.107 Addresses of EPA Regional offices.
59.108 State authority.
59.109 Circumvention.
59.110 Incorporations by reference.
59.111 Availability of information and confidentiality.
Table 1 to Subpart B--Volatile Organic Compound (VOC) Content Limits for
Automobile Refinish Coatings
[[Page 292]]
Subpart C--National Volatile Organic Compound Emission Standards for
Consumer Products
59.201 Applicability and designation of regulated 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 protocol.
59.209 Recordkeeping and reporting requirements.
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 confidentiality.
Table 1 to Subpart C--VOC Content Limits by Product Category
Table 2 to Subpart C--HVOC Content Limits for Underarm Deodorants and
Underarm AntiPerspirants
Appendix A to Subpart C of Part 59--Figures
Subpart D--National Volatile Organic Compound Emission Standards for
Architectural 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 confidentiality.
Appendix A to Subpart D of Part 59--Determination of Volatile Matter
Content of Methacrylate Multicomponent Coatings Used as
Traffic Marking Coatings
Table 1 to Subpart D--Volatile Organic Compound (VOC) Content Limits for
Architectural Coatings
Authority: 42 U.S.C. 7511b(e).
Source: 64 FR 48815, Sept. 11, 1998, unless otherwise noted..
Subpart A [Reserved]
Subpart B--National Volatile Organic Compound Emission Standards for
Automobile Refinish Coatings
Sec. 59.100 Applicability and designation of regulated entity.
(a) The provisions of this subpart apply to automobile refinish
coatings and coating components manufactured on or after January 11,
1999 for sale or distribution in the United States.
(b) Regulated entities are manufacturers and importers of automobile
refinish coatings or coating components that sell or distribute these
coatings or coating components in the United States.
(c) The provisions of this subpart do not apply to automobile
refinish coatings or coating components meeting the criteria in
paragraphs (c)(1) through (c)(6) of this section.
(1) Coatings or coating components that are manufactured (in or
outside the United States) exclusively for sale outside the United
States.
(2) Coatings or coating components that are manufactured (in or
outside the United States) before January 11, 1999.
(3) Coatings or coating components that are manufactured (in or
outside the United States) for use by original equipment manufacturers.
(4) Coatings that are sold in nonrefillable aerosol containers.
(5) Lacquer topcoats or their components.
(6) Touch-up coatings.
Sec. 59.101 Definitions.
Adhesion promoter means a coating designed to facilitate the bonding
of a primer or topcoat on surfaces such as trim moldings, door locks,
and door sills, where sanding is impracticable, and on plastic parts and
the edges of sanded areas.
Administrator means the Administrator of the United States
Environmental Protection Agency (U.S. EPA) or an authorized
representative.
Automobile means passenger cars, vans, motorcycles, trucks, and all
other mobile equipment.
Automobile refinish coating component means any portion of a
coating, such as
[[Page 293]]
a reducer or thinner, hardener, additive, etc., recommended (by its
manufacturer or importer) to distributors or end-users for automobile
refinishing. The raw materials used to produce the components that are
mixed by the end-user to prepare a coating for application are not
considered automobile refinish coating components. Any reference to
automobile refinishing made by a manufacturer or importer on a container
or in product literature constitutes a recommendation for automobile
refinishing.
Automobile refinish coating or coating component importer, or
importer, means any company, group, or individual that brings automobile
refinish coatings or coating components from a location outside the
United States into the United States for sale or distribution in the
United States.
Automobile refinish coating or coating component manufacturer, or
manufacturer, means any company, group, or individual that produces or
packages automobile refinish coatings or coating components for sale or
distribution in the United States, including an entity which produces or
packages such coatings or coating components under a private label for
another party.
Automobile refinishing means the process of coating automobiles or
their parts, including partial body collision repairs, that is
subsequent to the original coating applied at an automobile original
equipment manufacturing plant.
Container means the individual receptacle that holds a coating or
coating component for storage and distribution.
Cut-in, or jambing, clearcoat means a fast-drying, ready-to-spray
clearcoat applied to surfaces such as door jambs and trunk and hood
edges to allow for quick closure.
Elastomeric coating means a coating designed for application over
flexible parts, such as elastomeric bumpers.
Exempt compounds means specific organic compounds that are not
considered volatile organic compounds due to negligible photochemical
reactivity. The exempt compounds are specified in Sec. 51.100(s) of this
chapter.
Hardener means a coating component specifically designed to promote
a faster cure of an enamel finish.
Impact-resistant coating means a coating designed to resist chipping
caused by road debris.
Label means any written, printed, or graphic matter affixed to or
appearing upon any automobile refinish coating or coating component
container or package for purposes of identifying or giving information
on the product, use of the product, or contents of the container or
package.
Lacquer means a thermoplastic coating which dries primarily by
solvent evaporation, and which is resoluble in its original solvent.
Low-gloss coating means a coating which exhibits a gloss reading
less than or equal to 25 on a 60 deg. glossmeter.
Mixing instructions means the coating or coating component
manufacturer's or importer's specification of the quantities of coating
components for mixing a coating.
Mobile equipment means any equipment that is physically capable of
being driven or drawn upon a highway including, but not limited to, the
following types of equipment: construction vehicles (such as mobile
cranes, bulldozers, concrete mixers); farming equipment (wheel tractor,
plow, pesticide sprayer); hauling equipment (truck trailers, utility
bodies, camper shells); and miscellaneous equipment (street cleaners,
golf carts).
Multi-colored topcoat means a topcoat that exhibits more than one
color, is packaged in a single container, and camouflages surface
defects on areas of heavy use, such as cargo beds and other surfaces of
trucks and other utility vehicles.
Pretreatment wash primer means a primer that contains a minimum of
0.5 percent acid, by weight, that is applied directly to bare metal
surfaces to provide corrosion resistance and to promote adhesion of
subsequent coatings.
Primer means any coating applied prior to the application of a
topcoat for the purpose of corrosion resistance and/or adhesion.
Primer-sealer means any coating applied prior to the application of
a topcoat for the purpose of corrosion resistance, adhesion of the
topcoat, and/or
[[Page 294]]
color uniformity and to promote the ability of an undercoat to resist
penetration by the topcoat.
Primer-surfacer means any coating applied prior to the application
of a topcoat for the purpose of filling surface imperfections in the
substrate, corrosion resistance, and/or adhesion of the topcoat.
Reducer means any solvent used to thin enamels.
Underbody coating means a coating designed for protection and sound
deadening that is typically applied to the wheel wells and underbody of
an automobile.
Single-stage topcoat means a topcoat consisting of only one coating.
Specialty coatings means adhesion promoters, low-gloss coatings,
bright metal trim repair coatings, jambing (cut-in) clearcoats,
elastomeric coatings, impact resistant coatings, underbody coatings,
uniform finish blenders, and weld-through primers.
Thinner means any solvent used to reduce the viscosity or solids
content of a coating.
Three-stage topcoat means a topcoat composed of a pigmented
basecoat, a midcoat, and a transparent clearcoat.
Topcoat means any coating or series of coatings applied over a
primer or an existing finish for the purpose of protection or
beautification.
Touch-up coating means a coating applied by brush, air-brush, or
nonrefillable aerosol can to cover minor surface damage.
Two-stage topcoat means a topcoat consisting of a pigmented basecoat
and a transparent clearcoat.
Uniform finish blender means a coating designed to blend a repaired
topcoat into an existing topcoat.
United States means the United States of America, including the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and Commonwealth of the Northern Mariana Islands.
Volatile organic compounds or VOC means any compound of carbon,
other than those organic compounds that the Administrator has excluded
in 40 CFR part 51, Sec. 51.100 from this definition.
VOC content means the weight of VOC per volume of coating,
calculated according to the procedures in Sec. 59.104(a) of this
subpart.
Water hold-out coating means a coating applied to the interior
cavity areas of doors, quarter panels and rocker panels for the purpose
of corrosion resistance to prolonged water exposure.
Weld-through primer means a primer that is applied to an area before
welding is performed, and that provides corrosion resistance to the
surface after welding has been performed.
Sec. 59.102 Standards.
(a) Except as provided in Sec. 59.106 of this subpart, any coating
resulting from the mixing instructions of a regulated entity must meet
the VOC content limit given in table 1 of this subpart. VOC content is
determined according to Sec. 59.104(a).
(b) Different combinations or mixing ratios of coating components
constitute different coatings. For example, coating components may be
mixed one way to make a primer, and mixed another way to make a primer
sealer. Each of these coatings must meet its corresponding VOC content
limit in table 1 of this subpart. If the same combination and mixing
ratio of coating components is recommended by a regulated entity for use
in more than one category in table 1 of this subpart, then the most
restrictive VOC content limit shall apply.
Sec. 59.103 Container labeling requirements.
Each regulated entity subject to this subpart must clearly display
on each automobile refinish coating or coating component container or
package, the day, month, and year on which the product was manufactured,
or a code indicating such date.
Sec. 59.104 Compliance provisions.
(a) For the purpose of determining compliance with the VOC content
limits in Sec. 59.102(a) of this subpart, each regulated entity shall
determine the VOC content of a coating using the procedures described in
paragraph (a)(1) or (a)(2) of this section, as appropriate.
(1) Determine the VOC content in grams of VOC per liter of coating
prepared for application according to its
[[Page 295]]
mixing instructions, excluding the volume of any water or exempt
compounds. VOC content shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR11SE98.000
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; and
Vec = volume of exempt compounds, in liters.
(2) The VOC content of a multi-stage topcoat shall be calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TN23NO98.000
Where:
VOCmulti = VOC content of a multi-stage topcoat, in grams of
VOC per liter of coating;
VOCbc = VOC content of the basecoat, as determined in
paragraph (a)(1) or (f) of this section;
VOCmci = VOC content of midcoat i, as determined 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 calculations in paragraph (a) of this section, the reference method
for VOC content is Method 24 of appendix A of 40 CFR part 60, except as
provided in paragraph (f) of this section. To determine the VOC content
of a coating, the regulated entity may use Method 24 of appendix A of 40
CFR part 60, an alternative method as provided in paragraph (f) of this
section, or any other reasonable means for predicting that the coating
has been formulated as intended (e.g., quality assurance checks,
recordkeeping). However, if there are any inconsistencies between the
results of a Method 24 test and any other means for determining VOC
content, the Method 24 test results will govern. The Administrator may
require the regulated to conduct a Method 24 analysis.
(c) If a regulated entity recommends that its coating component(s)
be combined with coating components of another regulated entity, and if
the coating resulting from such a combination does not comply with the
VOC content limit in Sec. 59.102 (a) of this subpart, then the former
regulated entity is out of compliance, unless the entity submits Method
24 data to the Administrator demonstrating that its recommended
combination of coating components meets the VOC content limit in
Sec. 59.102(a). If the latter regulated entity does not make the
recommendation of such use of the coating components, then that entity
is not out of compliance for purposes of that resulting coating.
(d) Pretreatment wash primers: Except as provided in paragraph (f)
of this section, the acid weight percent of pretreatment wash primers
must be determined using the American Society for Testing and Materials
Test Method D 1613-96 (incorporated by reference in Sec. 59.110). If the
pigment in a pretreatment wash primer prevents the use of this test
method for determining the acid weight percent of the coating, then the
test method shall be used for the nonpigmented component of the coating,
and the acid weight percent shall be calculated based on the acid
content of the nonpigmented component and the mixing ratio of the
nonpigmented component to the remaining components recommended by the
regulated entity.
(e) Low-gloss coatings: Except as provided in paragraph (f) of this
section, the gloss reading of low-gloss coatings must be determined
using the American Society for Testing and Materials Test Method D 523-
89 (incorporated by reference in Sec. 59.110).
(f) The Administrator may approve, on a case-by-case basis, a
regulated entity's use of an alternative method in lieu of Method 24 for
determining the VOC content of coatings if the alternative method is
demonstrated to the Administrator's satisfaction to provide results that
are acceptable for purposes
[[Page 296]]
of determining compliance with this subpart.
(g) The Administrator may determine a regulated entity's compliance
with the provisions of this subpart based on information required by
this subpart or any other information available to the Administrator.
[63 FR 48815, Sept. 11, 1998; 63 FR 64761, Nov. 23, 1998]
Sec. 59.105 Reporting requirements.
(a) Each regulated entity must submit an initial report no later
than January 11, 1999 or within 180 days of the date that the regulated
entity first manufactures or imports automobile refinish coatings or
coating components, whichever is later. The initial report must include
the information in paragraphs (a)(1) through (a)(4) of this section.
(1) The name and mailing address of the regulated entity.
(2) An explanation of each date code, if such codes are used to
represent the date of manufacture, as provided in Sec. 59.103.
(3) The street address of each of the regulated entity's facilities
in the United States that is producing, packaging, or importing
automobile refinish coatings or coating components subject to the
provisions of this subpart.
(4) A list of the categories from table 1 of this subpart for which
the regulated entity recommends the use of automobile refinish coatings
or coating components.
(b) Each regulated entity must submit an explanation of any new date
codes used by the regulated entity no later than 30 days after products
bearing the new date code are first introduced into commerce.
Sec. 59.106 Variance.
(a) Any regulated entity that cannot comply with the requirements of
this subpart because of circumstances beyond its reasonable control may
apply in writing to the Administrator for a temporary variance. The
variance application must include the information specified in
paragraphs (a)(1) through (a)(3).
(1) The specific grounds upon which the variance is sought.
(2) The proposed date(s) by which the regulated entity will achieve
compliance with the provisions of this subpart. This date must be no
later than 5 years after the issuance of a variance.
(3) A compliance plan detailing the method(s) by which the regulated
entity will achieve compliance with the provisions of this subpart.
(b) Upon receipt of a variance application containing the
information required in paragraph (a) of this section, the Administrator
will publish a notice of such application in the Federal Register and,
if requested by any party, will hold a public hearing to determine
whether, under what conditions, and to what extent, a variance from the
requirements of this subpart is necessary and will be granted. If
requested, a hearing will be held no later than 75 days after receipt of
a variance application. Notice of the time and place of the hearing will
be sent to the applicant by certified mail not less than 30 days prior
to the hearing. At least 30 days prior to the hearing, the variance
application will be made available to the public for inspection.
Information submitted to the Administrator by a variance applicant may
be claimed as confidential. The Administrator may consider such
confidential information in reaching a decision on a variance
application. Interested members of the public will be allowed a
reasonable opportunity to testify at the hearing.
(c) The Administrator will issue a variance if the criteria
specified in paragraphs (c)(1) and (c)(2) are met to the satisfaction of
the Administrator.
(1) If complying with the provisions of this subpart would not be
technologically or economically feasible, and
(2) The compliance plan proposed by the applicant can reasonably be
implemented and will achieve compliance as expeditiously as possible.
(d) Any variance will specify dates by which the regulated entity
will achieve increments of progress towards compliance, and will specify
a final compliance date by which the regulated entity will achieve
compliance with this subpart.
(e) A variance will cease to be effective upon failure of the party
to whom
[[Page 297]]
the variance was issued to comply with any term or condition of the
variance.
(f) Upon the application of any party, the Administrator may review
and, for good cause, modify or revoke a variance after holding a public
hearing in accordance with the provisions of paragraph (b) of this
section.
Sec. 59.107 Addresses of EPA Regional Offices.
All requests, reports, submittals, and other communications to the
Administrator pursuant to this regulation shall be submitted to the
Regional Office of the EPA which serves the State or territory in which
the corporate headquarters of the regulated entity resides. These areas
are indicated in the following list of EPA Regional Offices.
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont), Director, Office of Environmental Stewardship,
Mailcode: SAA, JFK Building, Boston, MA 02203.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Division of Enforcement and Compliance Assistance, 290
Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia), Air Protection Division, 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 Division, 345 Courtland Street, NE., Atlanta, GA
30365.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio,
Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd.,
Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Air, Pesticides and Toxics Division, 1445 Ross Avenue, 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, Wyoming), Director, Air and Toxics Division, 999 18th Street, 1
Denver Place, Suite 500, Denver, Colorado 80202-2405.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air and Toxics Division, 75 Hawthorne Street, San
Francisco, CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Air and
Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.
Sec. 59.108 State Authority.
The provisions in this regulation shall not be construed in any
manner to preclude any State or political subdivision thereof from:
(a) Adopting and enforcing any emission standard or limitation
applicable to a manufacturer or importer of automobile refinish coatings
or components in addition to the requirements of this subpart.
(b) Requiring the manufacturer or importer of automobile refinish
coatings or components to obtain permits, licenses, or approvals prior
to initiating construction, modification, or operation of a facility for
manufacturing an automobile refinish coating component.
Sec. 59.109 Circumvention.
Each manufacturer and importer of any automobile refinish coating or
component subject to the provisions of this subpart must not alter,
destroy, or falsify any record or report, to conceal what would
otherwise be noncompliance with this subpart. Such concealment includes,
but is not limited to, refusing to provide the Administrator access to
all required records and date-coding information, altering the VOC
content of a coating or component batch, or altering the results of any
required tests to determine VOC content.
Sec. 59.110 Incorporations by Reference.
(a) The following material is incorporated by reference in the
paragraphs noted in Sec. 59.104. These incorporations by reference were
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as
they exist on the date of the approval, and notice of any changes in
these materials will be published in the Federal Register.
(1) ASTM D 1613-96, Standard Test Method for Acidity in Volatile
Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and
Related Products, IBR approved for Sec. 59.104(d).
(2) ASTM D 523-89, Standard Test Method for Specular Gloss, IBR
approved for Sec. 59.104(e).
(b) The materials are available for inspection at the Office of the
Federal
[[Page 298]]
Register, 800 North Capitol Street, NW, suite 700, Washington, DC; the
Air and Radiation Docket and Information Center, U.S. EPA, 401 M St.,
SW., Washington, DC; and at the EPA Library (MD-35), U.S. EPA, Research
Triangle Park, North Carolina. The materials are available for purchase
from the following address: American Society for Testing and Materials
(ASTM), 100 Barr Harbor Drive, West Conshohocken, PA, 19428, telephone
number (610) 832-9500.
Sec. 59.111 Availability of information and confidentiality.
(a) Availability of information. The availability to the public of
information provided to or otherwise obtained by the Administrator under
this part shall be governed by part 2 of this chapter.
(b) Confidentiality. All confidential business information entitled
to protection under section 114(c) of the Act that must be submitted or
maintained by each regulated entity pursuant to this section shall be
treated in accordance with 40 CFR part 2, subpart B.
Table 1 to Subpart B--Volatile Organic Compound (VOC) Content Limits for
Automobile Refinish Coatings
------------------------------------------------------------------------
Pounds VOC
Coating category Grams VOC per gallon
per liter a
------------------------------------------------------------------------
Pretreatment wash primers..................... 780 6.5
Primers/primer surfacers...................... 580 4.8
Primer sealers................................ 550 4.6
Single/two-stage topcoats..................... 600 5.0
Topcoats of more than two stages.............. 630 5.2
Multi-colored topcoats........................ 680 5.7
Specialty coatings............................ 840 7.0
------------------------------------------------------------------------
a English units are provided for information only. Compliance will be
determined based on the VOC content limit, as expressed in metric
units.
Subpart C--National Volatile Organic Compound Emission Standards for
Consumer Products
Source: 63 FR 48831, Sept. 11, 1998, unless other noted.
Sec. 59.201 Applicability and designation of regulated entity.
(a) The provisions of the subpart apply to consumer products
manufactured or imported on or after December 10, 1998 for sale or
distribution in the United States.
(b) The regulated entity is: the manufacturer or importer of the
product; and any distributor that is named on the product label. The
manufacturer or importer of the product is a regulated entity for
purposes of compliance with the volatile organic compounds (VOC) content
or emission limits in Sec. 49.203, regardless of whether the
manufacturer or importer is named on the label or not. The distributor,
if named on the label, is the regulated entity for purposes of
compliance with all sections of this part except for Sec. 59.203.
Distributors whose names do not appear on the label are not regulated
entities. If no distributor is named on the label, then the manufacturer
or importer is responsible for compliance with all sections of this
part.
(c) The provisions of this subpart do not apply to consumer products
that meet the criteria specified in paragraph (c)(1) through (c)(7) of
this section.
(1) Any consumer product manufacturer in the United States for
shipment and use outside of the United States.
(2) Insecticides and air fresheners containing at least 98-percent
paradichlorobenzene or at least 98-percent naphthalene.
(3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.
(4) Bait station insecticides. For the purpose of this subpart, bait
station insecticides are containers enclosing an insecticidal bait that
does not weigh more than 14 grams (0.5 ounce), where
[[Page 299]]
bait is designed to be ingested by insects and is composed of solid
material feeding stimulants with less than 5-percent by weight active
ingredients.
(5) Air fresheners whose VOC constituents, as defined in
Secs. 59.202 and 59.203(f), consist of 100-percent fragrance.
(6) Non-aerosol moth proofing products that are principally for the
protection of fabric from damage by moths and other fabric pests in
adult, juvenile, or larval forms.
(7) Flooring seam sealers used to join or fill the seam between two
adjoining pieces of flexible sheet flooring.
Sec. 59.202 Definitions.
The terms used in this subpart are defined in the Clean Air Act
(Act) or in this section as follows:
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or an authorized representative.
Aerosol cooking spray means any aerosol product designed either to
reduce sticking on cooking and baking surfaces or to be directly applied
on food for the purpose of reducing sticking on cooking and baking
surfaces, or both.
Aerosol product means a product characterized by a pressurized spray
system that dispenses product ingredients in aerosol form by means of a
propellant (i.e., a liquefied or compressed gas that is used in whole or
in part, such as a co-solvent, to expel a liquid or any other material
from the same self-pressurized container or from a separate container)
or mechanically induced force. ``Aerosol product'' does not include pump
sprays.
Agricultural use means the use of any pesticide or method or device
for the control of pests in connection with the commercial production,
storage, or processing of any animal or plant crop. ``Agricultural use''
does not include the sale or use of pesticides in properly labeled
packages or containers that are intended 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 crystals designed for the purpose of
masking odors, or freshening, cleaning, scenting, or deodorizing the
air. This does not include products that are used on the human body,
products that function primarily as cleaning products, disinfectant
products claiming to deodorize by killing germs on surfaces, or
institutional/industrial disinfectants when offered for sale solely
through institutional and industrial channels of distribution. It does
include spray disinfectants and other products that are expressly
represented for use as air fresheners, except institutional and
industrial disinfectants when offered for sale through institutional and
industrial channels of distribution. To determine whether a product is
an air freshener, all verbal and visual representations regarding
product use on the label or packaging and in the product's literature
and advertising may be considered. The presence of, and representations
about, a product's fragrance and ability to deodorize (resulting from
surface application) shall not constitute a claim of air freshening.
All other forms means all consumer product forms for which no form-
specific VOC standard is specified. Unless specified otherwise by the
applicable VOC standard, ``all other forms'' include, but are not
limited to, solids,liquids, wicks, powders, crystals, and cloth or paper
wipes (towelettes).
Automotive windshield washer fluid means any liquid designed for use
in a motor vehicle windshield washer system either as an antifreeze or
for the purpose of cleaning, washing, or wetting the windshield.
``Automotive windshield washer fluid'' does not include fluids placed by
the manufacturer in a new vehicle.
Bathroom and tile cleaner means a product designed to clean tile or
surfaces in bathrooms. ``Bathroom and tile cleaner'' does not include
products specifically designed to clean toilet bowls or toilet tanks.
Carburetor and choke cleaner means a product designed to remove dirt
and other contaminants from a carburetor or choke. ``Carburetor and
choke cleaner'' does not include products designed to be introduced
directly into the fuel lines or fuel storage tank prior to introduction
into the carburetor, or solvent use regulated under 40 CFR part
[[Page 300]]
63, subpart T (halogenated solvent national emission standards for
hazardous air pollutants (NESHAP)).
Charcoal lighter material means any combustible material designed to
be applied on, incorporated in, added to, or used with charcoal to
enhance ignition. ``Charcoal lighter material'' does not include any of
the following:
(1) Electrical starters and probes;
(2) Metallic cylinders using paper tinder;
(3) Natural gas; and
(4) Propane.
Construction and panel adhesive means any one-component household
adhesive having gap-filling capabilities that distributes stress
uniformly throughout the bonded area resulting in a reduction or
elimination of mechanical fasteners.
Consumer means any person who purchases or acquires any consumer
product for personal, family, household, or institutional use. Persons
acquiring a consumer product for resale are not ``consumers'' of that
product.
Consumer product means any household or institutional product
(including paints, coatings, and solvents), or substance, or article
(including any container or packaging) held by any person, the use,
consumption, storage, disposal, destruction, or decomposition of which
may result in the release of VOC. For the purposes of this subpart,
consumer product means any product listed in tables 1 or 2 of this
subpart.
Contact adhesive means any household adhesive that:
(1) When applied to two substrates, forms an instantaneous,
nonrepositionable bond;
(2) When dried to touch, exhibits a minimum 30-minute bonding range;
and
(3) Bonds only to itself without the need for reactivation by
solvents or heat.
Container or packaging means the part or parts of the consumer
product that serve only to contain, enclose, incorporate, deliver,
dispense, wrap, or store the chemically formulated substance or mixture
of substances that is solely responsible for accomplishing the purposes
for which the product was designed or intended. ``Container or
packaging'' includes any article onto or into which the principal
display panel is incorporated, etched, printed, or attached.
Crawling bug insecticide means any insecticide product that is
designed for use against crawling arthropods including, but not limited
to, ants, cockroaches, mites (but not house dust mites), silverfish, or
spiders. ``Crawling bug insecticide'' does not include products for
agricultural use or products designed to be used exclusively on humans
or animals.
Distributor means any person to whom a consumer product is sold or
supplied for the purposes of resale or distribution in commerce.
Double-phase aerosol air freshener means an aerosol air freshener
with liquid contents in two or more distinct phases that requires the
product container to be shaken before use to mix the phases, producing
an emulsion.
Dusting aid means a product designed to assist in removing dust and
other soils from floors and other surfaces without leaving a wax or
silicone-based coating. ``Dusting aid'' does not include products that
consist entirely of compressed gases for use in electronic or other
specialty areas.
Engine degreaser means a cleaning product designed to remove grease,
grime, oil, and other contaminants from the external surfaces of engines
and other mechanical parts. ``Engine degreaser'' does not include any
solvent used in parts washing equipment, or any solvent use regulated
under 40 CFR part 63, subpart T (halogenated solvent NESHAP).
Fabric protectant means a product designed to be applied to fabric
substrates to protect the surface from soiling from dirt and other
impurities or to reduce absorption of water into the fabric's fibers.
``Fabric protectant'' does not include silicone-based products whose
function is to provide water repellency, or products designed for use
solely on fabrics that are labeled ``dry clean only.''
Flea and tick insecticide means any insecticide product that is
designed for use against fleas, ticks, and their larvae, or their eggs.
``Flea and tick insecticide'' does not include products that are
designed to be used exclusively on humans or animals or their bedding.
[[Page 301]]
Flexible flooring material means asphalt, cork, linoleum, no-wax,
rubber, seamless vinyl, and vinyl composite flooring.
Floor polish or wax means a wax, polish, or any other product
designed to polish, protect, or enhance floor surfaces by leaving a
protective coating that is designed to be periodically replenished.
``Floor polish or wax'' does not include ``spray buff products,''
products designed solely for the purpose of cleaning floors, floor
finish strippers, products designed for unfinished wood floors, and
coatings subject to 40 CFR part 59, subpart D--National Volatile Organic
Compound Emission Standards for Architectural Coatings.
Floor seam sealer means any low viscosity specialty adhesive used in
small quantities for the sole purpose of bonding adjoining rolls of
installed flexible sheet flooring or to fill any minute gaps between and
adjoining rolls.
Flying bug insecticide means any insecticide product that is
designed for use against flying insects including, but not limited to,
flies, mosquitoes, and gnats. ``Flying bug insecticide'' does not
include ``wasp and hornet insecticide'' or products that are designed to
be used exclusively on humans or animals or their bedding.
Fragrance means a substance or mixture of aroma chemicals, natural
essential oils, and other functional components that is added to a
consumer product to impart an order or scent, or to counteract a
malodor.
Furniture maintenance product means a wax, polish, conditioner, or
any other product designed for the product designed for the purpose of
polishing, protecting, or enhancing finished wood surfaces other than
floors. Furniture maintenance product'' does not include dusting aids,
products designed solely for the purpose of cleaning, and products
designed to leave a permanent finish such as stains, sanding sealers,
and lacquers.
Gel means a colloid in which the dispersed phase has combined with
the continuous phase to produce a semisolid material, such as jelly.
General purpose adhesive means any nonaerosol household adhesive
designed for use on a variety of substrates. General purpose adhesives
do not include contact adhesives or construction and panel adhesives.
General purpose cleaner means a product designed for general all-
purpose cleaning, in contrast to cleaning products designed to clean
specific substrates in certain situations. ``General purpose cleaner''
includes products designed for general floor cleaning, kitchen or
countertop cleaning, and cleaners designed to be used on a variety of
hard surfaces.
Glass cleaner means a cleaning product designed primarily for
cleaning surfaces made of glass. Glass cleaner does not include products
designed solely for the purpose of cleaning optical materials used in
eyeglasses, photographic equipment, scientific equipment, and
photocopying machines.
Hair mousse means a hairstyling foam designed to facilitate styling
of a coiffure and provide limited holding power.
Hair styling gel means a high-viscosity, often gelatinous product
that contains a resin and is designed for the application to hair to aid
in styling and sculpting of the hair coiffure.
Hairspray means a consumer product designed primarily for the
purpose of dispensing droplets of a resin on and into a hair coiffure to
impart sufficient rigidity to the coiffure to establish or retain the
style for a period of time.
High-volatility organic compound or HVOC means any organic compound
that exerts a vapor pressure greater than 80 millimeters of mercury when
measured at 20 degrees Celsius.
Household adhesive means any household product that is used to bond
one surface to another by attachment. ``Household adhesive'' does not
include products used on humans or animals, adhesive tape, contact
paper, wallpaper shelf liners, or any other product with an adhesive
incorporated onto or in an inert substrate.
Household product means any consumer product that is primarily
designed to be used inside or outside of living quarters or residences,
including the immediate surroundings, that are occupied or intended for
occupation by individuals.
Household use means use of a product in a home or its immediate
environment.
[[Page 302]]
Importer means any person who brings a consumer product that was
manufactured, filled, or packaged at a location outside of the United
States into the United States for sale or distribution in the United
States.
Industrial use means use for, or in, a manufacturing, mining, or
chemical process or use in the operation of factories, processing
plants, and similar sites.
Insecticide means a pesticide product that is designed for use
against insects or other arthropods, excluding any product that is:
(1) For agricultural use; or
(2) A restricted use pesticide.
Insecticide fogger means any insecticide product designed to release
all or most of its content as a fog or mist into indoor areas during a
single application. Foggers may target a variety of pests including (but
not limited to) fleas and ticks, crawling insects, lawn and garden
pests, and flying insects. Foggers are not subject to the specific VOC
limitations or other categories of insecticides list in table 1 of this
subpart.
Institutional product means a consumer product that is designed for
use in the maintenance or operation of an establishment that
manufactures, transports, or sells goods or commodities, or provides
services for profit; or is engaged in the nonprofit promotion of a
particular public, educational, or charitable cause. ``Establishments''
include, but are not limited to, government agencies, factories,
schools, hospitals, sanitariums, prisons, restaurants, hotels, stores,
automobile service and parts centers, health clubs, theaters, or
transportation companies. ``Institutional product'' does not include
household products and products that are incorporated into or used
exclusively in the manufacture or construction of the goods or
commodities that are produced by the establishment.
Institutional use means use within the confines of or on property
necessary for the operation of buildings' including, but not limited to,
government agencies, factories, sanitariums, prisons, restaurants,
hotels, stores, automobile service and parts centers, health clubs,
theaters, transportation companies, hospitals, schools, libraries,
auditoriums, and office complexes.
Label means any written, printed, or graphic matter affixed to,
applied to, attached to, blown into, formed, molded into, embossed on,
or appearing upon any consumer product package for purposes of branding,
identifying, or giving information with respect to the product or to the
contents of the package.
Laundry prewash means a product that is designed for application to
a fabric prior to laundering and that supplements and contributes to the
effectiveness of laundry detergents and/or provides specialized
performance.
Laundry starch product means a product that is designed for
application to a fabric, either during or after laundering, to impart
and prolong a crisp look and may also facilitate ironing of the fabric.
``Laundry starch product'' includes, but it not limited to, fabric
finish, sizing, and starch.
Lawn and garden insecticide means an insecticide product designed
primarily to be used in household lawn and garden areas to protect
plants from insects or other arthropods.
Liquid means a substance or mixture of substances that flows
readily, but, unlike a gas, does not expand indefinitely (i.e., a
substance with constant volume but not constant shape). ``Liquid'' does
not include powders or other materials that are composed entirely of
solid particles.
Manufacturer means any person who manufacturers or processes a
consumer product. Manufacturers include:
(1) Processors who blend and mix consumer products,
(2) Contract fillers who develop formulas and package these formulas
under a distributor's label;
(3) Contract fillers who manufacture products using formulas
provided by a distributor; and
(4) Distributors who specify formulas to be used by a contract
filler or processor.
Nail polish remover means a product designed to remove nail polish
or coatings from fingernails or toenails.
Nonagricultural pesticide means and includes any substance or
mixture of
[[Page 303]]
substances that is a pesticide as defined in section 2(u) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
Nonresilient flooring means floor of a mineral content that is not
flexible. ``Nonresilient flooring'' includes, but is not limited to,
terrazzo, marble, slate, granite, brick, stone, ceramic tile, and
concrete.
Oven cleaner means any cleaning product designed to clean and to
remove dried food deposits from oven interiors.
Person means an individual corporation, partnership, association,
State, any agency, department, or instrumentality of the United States,
and any officer, agent, or employee thereof.
Principal display panel(s) means that part, or those parts, of a
label that are so designed as to most likely be displayed, presented,
shown, or examined under normal and customary conditions of display or
purchase. Whenever a principal display panel appears more than once, all
requirements pertaining to the ``principal display panel'' shall pertain
to all such ``principal display panels.''
Product category means that applicable category which best describes
the product as listed in tables 1 or 2 of this subpart and which appears
on the product's principal display panel.
Product form means the form that most accurately describes the
product's dispensing from including aerosols, gels, liquids, pump
sprays, and solids.
Pump spray means a packaging system in which the product ingredients
are expelled only while a pumping action is applied to a button,
trigger, or other actuator. Pump spray product ingredients are not under
pressure.
Representative consumer product means a consumer product that is
subject to the same VOC limit in Sec. 59.203 as the innovative product.
Restricted use pesticide means a pesticide that has been classified
for restricted use under the provisions of section 3(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
Shaving cream means an aerosol product that dispenses a foam lather
intended to be used with a blade or cartridge razor, or other wet-
shaving system in the removal of facial or other body hair.
Single-phase aerosol air freshener means an aerosol air freshener
with liquid contents in a single homogeneous phase that does not require
that the product container be shaken before use.
Solid means a substance or mixture of substances that does not flow
or expand readily (i.e., a substance with constant volume such as the
particles constituting a powder). ``Solid'' does not include liquids or
gels.
Spray buff product means a product designed to restore a worn floor
finish in conjunction with a floor buffing machine and special pad.
Structural waterproof adhesive means an adhesive whose bond lines
are resistant to conditions of continuous immersion in fresh or salt
water, and that conforms with Federal Specification MMM-A-181 (Type 1,
Grade A), and MIL-A-4605 (Type A, Grade A and Grade C).
Underarm antiperspirant means any aerosol product that is intended
by the manufacturer to be used to reduce perspiration in the human
axilla by at least 20 percent in at least 50 percent of a target
population.
Underarm deodorant means any aerosol product that is intended by the
manufacturer to be used minimize odor in the human axilla by retarding
the growth of bacteria that cause the decomposition of perspiration.
United States means the United States of America, including the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Usage directions means the text or graphics on the consumer
product's label or accompanying literature that describes to the end
user how and in what quantity the product is to be used.
Volatile organic compound or VOC means any compound that meets the
definition of a VOC, as defined under 40 CFR part 51, subpart F, and in
subsequent amendments.
Wasp and hornet insecticide means any insecticide product that is
designed for
[[Page 304]]
use against wasps, hornets, yellow jackets, or bees by allowing the user
to spray a high-volume directed stream or burst from a safe distance at
the intended pest or its hiding place.
Wax means an organic mixture or compound with low melting point and
high molecular weight, which is solid at room temperature. Waxes are
generally similar in composition to fats and oils except that they
contain no glycerides. ``Wax'' includes, but is not limited to,
substances such as carnauba wax, lanolin, and beeswax derived from the
secretions of plants and animals; substances of a mineral origin such as
ozocerite, montan, and paraffin; and synthetic substances such as
chlorinated naphthalenes and ethylenic polymers.
Wood floor wax means wax-based products for use solely on wood
floors.
[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]
Sec. 59.203 Standards for consumer products.
(a) The manufacturer or importer of any consumer product subject to
this subpart small ensure that the VOC content levels in table 1 of this
subpart and HVOC content levels in table 2 of this subpart are not
exceeded for any consumer product manufactured or imported on or after
December 10, 1998, except as provided in paragraphs (b) and (c) of this
section, or in Secs. 59.204 or 59.206.
(b) For consumer products for which the label, packaging, or
accompanying literature specifically states that the product should be
diluted prior to use, the VOC content limits specified in paragraph (a)
of this section shall apply to the product only after the minimum
recommended dilution has taken place. For purposes of this paragraph,
``minimum recommended dilution'' shall not include recommendations for
incidental use of a concentrated product to deal with limited special
applications such as hard-to-remove soils or stains.
(c) For those consumer products that are registered under the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section
136-136y) (FIFRA), the compliance date of the VOC standards specified in
paragraph (a) of this section is December 10, 1999.
(d) The provisions specified in paragraphs (d)(1) through (d)(4) of
this section apply to charcoal lighter materials.
(1) No person shall manufacture or import any charcoal lighter
material after December 10, 1998 that emits, on average, greater than 9
grams of VOC per start, as determined by the procedures specified in
Sec. 59.208.
(2) The regulated entity for a charcoal lighter material shall label
the product with usage directions that specify the quantity of charcoal
lighter material per pound of charcoal that was used in the testing
protocol specified in Sec. 59.208 for that product unless the provisions
in either paragraph (e)(2)(i) or (e)(2)(ii) of this section apply.
(i) The charcoal lighter material is intended to be used in fixed
amounts independent of the amount of charcoal used, such as paraffin
cubes; or
(ii) The charcoal lighter material is already incorporated into the
charcoal, such as certain ``bag light,'' ``instant light,'' or ``match
light'' products.
(3) Records of emission testing results for all charcoal lighter
materials must be made available upon request to the Administrator for
enforcement purposes within 30 days of receipt of such requests.
(4) If a manufacturer or importer has submitted records of emission
testing of a charcoal lighter material to a State or local regulatory
agency, such existing records may be submitted under paragraph (d)(3) of
this section in lieu of new test data, provided the product formulation
is unchanged from that which was previously tested. Such previous
testing must have been conducted in accordance with the test protocol
described in Sec. 59.208 or a test protocol that is approved by the
Administrator as an alternate.
(e) Fragrances incorporated into a consumer product up to a combined
level of 2 weight-percent shall not be included in the weight-percent
VOC calculation.
(f) The VOC content limits in table 1 of this subpart shall not
include any VOC that:
[[Page 305]]
(1) Has a vapor pressure of less than 0.1 millimeters of mercury at
20 degrees Celsius; or
(2) Consists of more than 12 carbon atoms, if the vapor pressure is
unknown; or
(3) Has a melting point higher than 20 degrees Celsius and does not
sublime (i.e., does not change directly from a solid into a gas without
melting), if the vapor pressure is unknown.
(g) The requirements of paragraph (a) of this Section shall not
apply to those VOC in antiperspirants or deodorants that contain more
than 10 carbon atoms per molecule and for which the vapor pressure is
unknown, or that have a vapor pressure of 2 millimeters of mercury or
less at 20 degrees Celsius.
(h) a manufacturer or importer may use the vapor pressure
information provided by the raw material supplier as long as the
supplier uses a method to determine vapor pressure that is generally
accepted by the scientific community.
(i) For hydrocarbon solvents that are complex mixtures of many
different compounds and that are supplied on a specification basis for
use in a consumer product, the vapor pressure of the hydrocarbon blend
may be used to demonstrate compliance with the VOC content limits of
this section. Identification of the concentration and vapor pressure for
each such component in the blend is not required for compliance with
this subpart.
Sec. 59.204 Innovative product provisions.
(a) Upon notification to the Administrator, a consumer product that
is subject to this subpart may exceed the applicable limit in table 1 or
2 of this subpart if the regulated entity demonstrates that, due to some
characteristic of the product formulation, design, delivery systems, or
other factors, the use of the product will result in equal or less VOC
emissions that specified in paragraph (a)(1) or (a)(2) of this section.
(1) The VOC emissions from a representative consumer product, as
described in Sec. 59.202, that complies with the VOC standards specified
in Sec. 59.203(a); or
(2) The calculated VOC emissions from a noncomplying representative
product, if the product had been reformulated to comply with the VOC
standards specified in Sec. 59.203(a). The VOC emissions shall be
calculated by using Equation 1.
[GRAPHIC] [TIFF OMITTED] TR11SE98.002
Where
ER=The VOC emissions from the noncomplying representative
product, had it been reformulated.
ENC=The VOC emissions from the noncomplying representative
product in its current formulation.
VOCSTD=The VOC standard specified in Sec. 59.203(a).
VOCNC=The VOC content of the noncomplying product in its
current formulation.
(b) If a regulated entity demonstrates to the satisfaction of the
Administrator that the equation in paragraph (a)(2) of the this section
yields inaccurate results due to some characteristic of the product
formulation or other factors, an alternate method that accurately
calculates emissions may be used upon approval of the Administrator.
(c) A regulated entity shall notify the Administrator in writing of
its intent to enter into the market an innovative product meeting the
requirements of paragraph (a) of this section. The Administrator must
receive the written notification by the time the innovative product is
available for sale or distribution to consumers. Notification shall
include the information specified in paragraph (c)(1) and (c)(2) of this
section.
(1) Supporting documentation that demonstrates the emissions from
the innovate product, including the actual physical test methods used to
generate the data and, if necessary, the consumer testing undertaken to
document product usage;
(2) Any information necessary to enable the Administrator to
establish enforceable conditions for the innovative product, including
the VOC content of the innovative product expressed as a weight-
percentage, and test methods for determining the VOC content.
(d) At the option of the regulated entity, the regulated entity may
submit
[[Page 306]]
a written request for the Administrator's written concurrence that the
innovative product fulfills the requirements of paragraph (a) of this
section. If such a request is made, the Administrator will respond as
specified in paragraphs (d)(1) through (d)(3) of this section.
(1) The Administrator will determine within 30 days of receipt
whether the documentation submitted in accordance with paragraph (d) of
this section is complete.
(2) The Administrator will determine whether the innovative product
shall be exempt from the requirements of Sec. 59.203(a) within 90 days
after an application has been deemed complete. The applicant and the
Administrator may mutually agree to a longer time period for reaching a
decision, and additional supporting documentation may be submitted by
the applicant before a decision has been reached. The Administrator will
notify the applicant of the decision in writing and specify such terms
and conditions that are necessary to insure that emissions from the
product will meet the emissions reductions specified in paragraph (a) of
this section, and that such emissions reductions can be enforced.
(3) If an applicant has been granted an exemption to a State or
local regulation for an innovative product by a State or local agency
whose criteria for exemption meet or exceed those provided for in this
section, the applicant may submit the factual basis for such an
exemption as part of the documentation required under paragraph (d) of
this section. In such case, the Administrator will make the
determination required under this paragraph within 45 days after the
applications is considered complete.
(e) In granting an exemption for a product, the Administrator will
establish conditions that are enforceable. These conditions may include
the VOC content of the innovative product, dispensing rates, application
rates, and any other parameters determined by the Administrator to be
necessary. The Administrator will also specify the test methods for
determining conformance to the conditions established, including
criteria for reproducibility, accuracy, and sampling and laboratory
procedures.
(f) For any product for which an exemption has been granted pursuant
to this section, the regulated entity to whom the exemption was granted
shall notify the Administrator in writing within 30 days after any
change in the product formulation or recommended product usage
directions, and shall also notify the Administrator within 30 days after
the regulated entity learns of any information that would alter the
emissions estimates submitted to the Administrator in support of the
exemption application.
(g) If lower VOC content limits are promulgated for a product
category through any subsequent rulemaking, all exemptions granted under
this section for products in the product category shall no longer apply
unless the innovative product has been demonstrated to have VOC
emissions less than the applicable revised VOC content limits.
(h) If the Administrator determines that a consumer product for
which an exemption has been granted no longer meets the VOC emissions
criteria specified in paragraph (a) of this section for an innovative
product, the Administrator may modify or revoke the exemption as
necessary to assure that the product will meet these criteria. The
Administrator will not modify or revoke an exemption without first
affording the applicant an opportunity for a public hearing to determine
if the exemption should be modified or revoked.
[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]
Sec. 59.205 Labeling.
(a) The container or package of each consumer product that is
subject to this subpart shall clearly display the day, month, and year
on which the product was manufactured, or a code indicating such date.
The requirements of this provision shall not apply to products that are
offered to consumers free of charge for the purposes of sampling the
product.
(b) In addition, the container or package for each charcoal lighter
material that is subject to this subpart
[[Page 307]]
shall be labeled according to the provisions of Sec. 59.203(d)(2).
Sec. 59.206 Variances.
(a) Any regulated entity who cannot comply with the requirements of
this subpart because of extraordinary circumstances beyond reasonable
control may apply in writing to the Administrator for a variance. The
variance application shall include the information specified in
paragraph (a)(1) through (a)(3) of this section.
(1) The specific grounds up on which the variance is sought,
(2) The proposed date(s) by which compliance with the provisions of
this subpart will be achieved. Such date(s) shall be no later than 5
years after the issuance of a variance; and
(3) A compliance plan detailing the method(s) by which compliance
will be achieved.
(b) Upon receipt of a variance application containing the
information required in paragraph (a) of this section, the Administrator
will publish a notice of such application in the Federal Register and,
if requested by any party, will hold a public hearing to determine
whether, under what conditions, and to what extent, a variance from the
requirements of this subpart is necessary and will be granted. If
requested, a hearing will be held no later than 75 days after receipt of
a variance application. Notice of the time and place of the hearing will
be sent to the applicant by certified mail not less than 30 days prior
to the hearing. At least 30 days prior to the hearing, the variance
application will be made available to the public for inspection.
Information submitted to the Administrator by a variance applicant may
be claimed as confidential. The Administrator may consider such
confidential information in reaching a decision on a variance
application. Interested members of the public will be allowed a
reasonable opportunity to testify at the hearing.
(c) The Administrator will grant a variance if the criteria
specified in paragraphs (c)(1) and (c)(2) of this section are met.
(1) If there are circumstances beyond the reasonable control of the
applicant so that complying with the provisions of this subpart by the
compliance date would not be technologically or economically feasible,
and
(2) The compliance plan proposed by the applicant can be implemented
and will achieve compliance as expeditiously as possible.
(d) Any variance order will specify a final compliance date by which
the requirements of this subpart will be achieved and increments of
progress necessary to assure timely compliance.
(e) A variance shall cease to be effective upon failure of the
regulated entity to comply with any term or condition of the variance.
(f) Upon the application of any party, the Administrator may review,
and for good cause, modify or revoke a variance after holding a public
hearing in accordance with the procedures described in paragraph (b) of
this section.
Sec. 59.207 Test methods.
Each manufacturer or importer subject to the provisions of
Sec. 59.203(a) shall demonstrate compliance with the requirements of
this subpart through calculation of the VOC content using records of the
amounts of constituents used to manufacture the product.
Sec. 59.208 Charcoal lighter material testing protocol.
(a) Each manufacturer or importer of charcoal lighter material
subject to this subpart shall demonstrate compliance with the applicable
requirements of Sec. 59.203(d) using the procedures specified in this
section. Any lighter material that has received certification from
California South Coast Air Quality Management District (SCAQMD) under
their Rule 1174, Ignition Method Compliance Certification Testing
Protocol, will be considered as having demonstrated compliance with the
applicable requirements of this subpart using the procedures in this
section.
(b) The manufacturer or importer shall obtain from the testing
laboratory conducting the testing, a report of findings, including all
raw data sheets/charts and laboratory analytical data. The testing must
demonstrate that VOC emissions resulting from the ignition of the
barbecue charcoal are, on average, less than or equal to 9 grams
[[Page 308]]
per start. The manufacturer or importer shall maintain the report of
findings.
(c) When a charcoal lighter material does not fall within the
testing guidelines of this protocol, the protocol may be modified
following a determination by the Administrator that the modified
protocol is an acceptable alternative to the method described in this
section and written approval of the Administrator.
(d) Meteorological and environmental criteria. (1) Testing shall be
conducted under the following conditions:
(i) Inlet combustion air temperature is 16 to 27 degrees Celsius (60
to 80 degrees Fahrenheit) with a relative humidity of 20 to 80 percent;
(ii) The charcoal and lighter material are stored 72 hours before
testing in a location with a relative humidity between 45 and 65
percent, and a temperature between 18 and 24 degrees Celsuis (65 to 75
degrees Fahrenheit); and
(iii) The outside wind speed, including gusts, may be no more than
16 kilometers per hour (10 miles per hour) if the test stack is
exhausted outdoors, or, if the test stack is exhausted indoors, indoor
air must be stagnant.
(2) Temperature and relative humidity of the combustion air shall be
continuously monitored during the test. Temperature and relative
humidity of the place where the charcoal and lighter material are stored
prior to the test shall be monitored and recorded during the 72 hours
immediately prior to the test. If the stack is exhausted outdoors, the
continuous outdoor wind speed monitor shall be observed or recorded
continuously during testing. If the wind speed monitor is manually
observed rather than electronically recorded, the maximum wind speed
observed during the test shall be recorded.
(e) Definitions. For the purposes of this test protocol, the
following definitions shall apply:
(1) Baseline VOC emissions (Eb) means the 3.6 grams
(0.008 pounds) per start of subject VOC mass emissions (calculated as
CH2) resulting from the ignition of charcoal by electric
probe.
(2) Emission limit for VOC means 9 grams per start of resultant VOC
emissions (Er), (expressed as CH2).
(3) Equivalent means equipment that has been demonstrated to meet or
exceed the performance, design, and operation specifications of the
prescribed equipment. A demonstration that equipment or a test method is
a suitable alternative requires written approval from the Administrator
prior to compliance testing, based on an evaluation of comparative
performance specifications and/or actual performance test data.
(4) Ignition means the ready-to-cook condition of the charcoal
determined by the temperature above the charcoal, the organic vapor
concentration measured by the continuous organic emission monitor, and
percent ash.
(5) Ignition VOC emissions (eI)--means the grams (pounds)
per start of total subject VOC mass emissions (expressed as
CH2) resulting from the ignition of charcoal by the lighter
material undergoing evaluation, including both charcoal and lighter
material emissions.
(6) labeled directions means those directions affixed to the
charcoal lighter material which specify:
(1) The amount of lighter material to use per kilogram (or pound) of
charcoal, unless the lighter material is already impregnated or treated
in the charcoal;
(2) How to use or apply the lighter material; and
(3) How and when to light the lighter material.
(7) Percent ash means a qualitative observation of the ratio of
visible charcoal surface area ignited (grayish/white ash) to total
charcoal surface area times 100.
(8) Reference VOC emissions (Eep)--means the grams
(pounds) per start of subject VOC mass emissions (calculated as
CH2) resulting from the ignition of charcoal by the reference
electric 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 period commencing from the instant that
emissions may be released from the lighter material, either by
evaporation or combustion, and further characterized such that by the
end of said 25-minute period, ignition is achieved.
[[Page 309]]
(f) Test structure, equipment specifications, and reference
materials. (1) The test structure is to be located in a building or
fabricated total enclosure (i.e., with enclosed sides and top). The
enclosure shall be such that there are no constant or intermittent air
flows within it that cause fluctuations in the stack velocity and/or
disruptions of air flow patterns within the test chamber containing the
reference grill . (WARNING: If the stack is vented into the building
enclosure, caution must be taken to avoid carbon monoxide poisoning and
the reduction of oxygen.)
(2) Test structure components. The following test structure
components, as shown in figures 1 and 2 of Appendix A of this subpart,
shall be used:
(i) Test chamber--Standard large, prefabricated fireplace
manufactured by Marco[Delta],\1\ Model No. C41CF, with flue
damper removed; or a fabricated structure with the same dimensions.
Spacers are required at the rear of the test chamber to ensure a
constant 5-centimeter (2-inch) distance between the reference grill and
the rear wall of the test chamber.
---------------------------------------------------------------------------
\1\Note: Mention of trade names or specific products does not
constitute endorsement by the EPA.
---------------------------------------------------------------------------
(ii) Test stack--25-centimeter (10-inch) diameter galvanized steel
ducting with velocity traverse port holes located approximately 8
diameters downstream from the stack outlet of the fireplace chamber and
sampling ports located approximately 2\1/2\ diameters downstream of the
velocity traverse ports.
(iii) Fan--25-centimeter (10-inch) diameter axial fan (duct fan)
capable of maintaining an air velocity of 140 9 meters per
minute (450 30 feet per minute) and located in the stack
approximately 3 diameters downstream of the sampling ports.
(iv) Test stack insulation--The stack shall be insulated with
fiberglass blanket insulation (or equivalent) with a minimum R-value of
6.4, that totally surrounds the stack from the top of the fireplace to
the level of the blower which minimizes temperature gradients in the
stack and prevents hydrocarbons from condensing on the stack wall.
(v) Stack mounts--Supports for fixing in position the stack velocity
measurement device for measuring reference point velocity readings and
the continuous organic emission monitor probe/meter.
(vi) Blower speed control--A rheostat for controlling voltage to the
fan.
(3) Test equipment and materials. The following test equipment and
materials shall be used:
(i) Continuous recording device--A YEW[Delta] model 4088
dot matrix, roster scanning chart recorder, Omega strip recorder with a
Strawberry Tree Data Acquisition System, or equivalent, shall be used to
continuously (6-second cycle) record temperatures, velocity, and
continuous organic emission monitor output signals. The recording may be
done manually, recording temperature using a digital potentiometer (20-
second intervals), reference point velocity with a Pitot tube (20-second
intervals), and continuous organic emission monitor readings with the
analyzer's meter (10-second intervals).
(ii) Grill temperature probe--A type ``K'' thermocouple silver
soldered to a 7.6 centimeter (3-inch) square brass plate 0.083-
centimeter (0.033 inches) thick painted flat black using high
temperature ( 370 degrees Celsius [ 700 degrees
Fahrenheit]) paint; set on an adjustable stand to maintain 11
centimeters (4.5 inches) above the maximum height of the briquette pile
and made such that it can be removed and replaced within the chamber.
(iii) Stack temperature probe--The Kurz[Delta] digital air velocity
meter or a type ``K'' thermocouple shall be used.
(iv) Stack velocity measurement device--The velocity in meters
(feet) per minute for the reference point using a Kurz[Delta] digital
air velocity meter, Davis[Delta] DTA 4000 vane anemometer, or equivalent
to method 1A of 40 CFR part 60, appendix A.
(v) Continuous organic emissions monitor--Century[Delta] Model 128
Organic Vapor Analyzer, Ratfisch[Delta] RS55 total hydrocarbon analyzer,
or equivalent, with response in parts per million (ranges 0 to 10 parts
per million, 0 to 100 parts per million, 0 to 1,000 parts per million).
[[Page 310]]
(vi) Temperature and humidity monitor--A chart recorder type with
humidity accuracy of 3 percent from 15 to 85 percent.
(vii) Wind speed and direction monitor--A wind speed and direction
device meeting a tolerance of 10 percent.
(viii) Analytical balance--An electronic scale with a resolution of
a 2 grams.
(ix) Charcoal stacking ring--Rigid metal cylinder 21.6 centimeters
(8.5 inches) in diameter with indicators to determine that the pile of
briquettes does not exceed 12.7 centimeters (5 inches) in height.
(x) Camera--To document ignition condition of charcoal at the end of
each start.
(xi) Particulate filter--Nupro[Delta] inline filter, Catalog Number
SS-4FW-2 with 0.64 centimeter (\1/4\-inch) Swagelok inlet and outlet or
equivalent.
(xii) Barbecue Grill--The charcoal shall be ignited in a
Weber[Delta] ``Go Anywhere'' barbecue grill (Model Number
121001), 39.4 centimeters x 24 centimeters x 12.7 centimeters
(15.5 inch x 9.5 inch x 5.0 inch) with the grate 4.4 centimeters (1.75
inches) above the bottom of the grill, or another grill that meets these
specifications. The grill shall be set on its bottom when placed in the
test chamber and all grill air vents shall be in full open position.
(xiii) Electric probe--A 600-watt electric probe shall be used for
electric probe ignition tests.
(xiv) Untreated charcoal--The laboratory conducting the testing
shall purchase ``off the shelf'' untreated charcoal from a retail
outlet. Charcoal shall not be provided by the manufacturer of the
charcoal lighter material to be tested or by the charcoal manufacturer.
The charcoal to be used is Kingsford[Delta] ``Original Charcoal
Briquets.'' All untreated charcoal used in the certification testing of
a single ignition source is to come from the same lot as indicated by
the number printed on the bag.
(xv) Treated or impregnated charcoal--If the charcoal lighter
material to be tested is a substance used to treat or impregnate
charcoal, the regulated entity shall provide to the laboratory
conducting the tests a sample of impregnated charcoal. The sample shall
be impregnated or treated barbecue charcoal that is ignited either
outside of package or ignited by the package. If commercially available,
the independent testing laboratory conducting the test shall purchase
``off the shelf'' from a retail outlet.
(g) Sampling and analytical methods. (1) Gas volumetric flow rate.
Conduct a full velocity traverse using the stack velocity measurement
device as shown in figure 3 of this Appendix A to this Subpart, or use
Method 1A of 40 CFR part 60, appendix A. Continuously record a velocity
reference point reading during each test run using a chart recorder or
once every 20 seconds if using Method 1A. Calculate the volumetric flow
rate using the gas velocity, moisture content, and the stack cross-
sectional area. For the purposes of this protocol, the static pressure
shall be assumed to be atmospheric, the molar density correction factor
in the stack to be 1.0, and the moisture content to be 2 percent.
(2) Integrated VOC sample. Collect integrated VOC gas samples at the
sampling port in the exhaust stack using a 40 CFR part 60, appendix A,
Method 25 Total Combustion Analysis (TCA) sampling apparatus consisting
of two evacuated 9-liter tanks, each equipped with flow controllers,
vacuum gauges, and probes, as shown in figure 4 of Appendix A of this
Subpart. Use 40 CFR part 60, appendix A, Method 25, SCAQMD Method 25.1
(incorporated by reference--Sec. 59.213 of this subpart), or equivalent,
for analysis. Carbon monoxide, carbon dioxide, methane, and non-methane
organic carbon are analyzed by the TCA and TCA/Flame Ionization Detector
(FID) methods. Oxygen content is determined by gas chromatography using
a thermal conductivity detector. Clean particulate filters between use
by heating to 760 degrees Celsius (1400 degrees Fahrenheit) while using
compressed air as a carrier for cleaning and purging.
(3) Continuous organic emissions monitor. A continuous organic
emissions monitor which uses a continuous FID shall be used for each
test run to measure the real time organic concentration of the exhaust
as methane. Record the emission monitor response
[[Page 311]]
in parts per million continuously during the sampling period using a
chart recorder or at least once every 10 seconds. The VOC analyzer shall
be operated as prescribed in the manufacturer's directions unless
otherwise noted in this protocol.
(h) Pretest procedure. (1) Charcoal lighter material--charcoal.
Before each test run, remove charcoal from a sealed bag that has been
stored for at least 72 hours in a humidity and temperature controlled
room which satisfies the requirements of paragraph (d)(1) of this
section and weight out 0.9 kilograms (2 pounds) of charcoal briquettes,
to the nearest whole briquette over 0.9 kilograms (2 pounds), of uniform
shape with no broken pieces using an analytical balance. Reseal the bag.
Charcoal must be ignited within 10 minutes after removal from bag. A
sealed or resealed bag of charcoal cannot be stored at the test site for
greater than 45 minutes. It must be returned to a humidity and
temperature controlled room from 72 hours. The lighter material must be
purchased, stored, weighed, and handled the same as the barbecue
charcoal.
(i) For the reference VOC emission tests using an electric probe,
place a single layer of charcoal, slightly larger than the area/circle
of the electric probe heating element, onto the grate. Place the heating
element on top of this first layer and cover the heating element with
the remaining charcoal briquettes.
(ii) For the ignition VOC emissions tests, arrange the briquettes on
the barbecue grate in the manner specified by the ignition
manufacturer's directions. If these manufacturer's directions do not
specify a stacking arrangement for the briquettes, randomly stack the
briquettes in a pile using the stacking ring described in paragraph
(f)(3)(ix) of this section.
(2) Charcoal lighter material--or impregnated charcoal. Store,
handle, weigh, and stack barbecue charcoal that is designed to be lit
without the packaging, the same as in paragraph (h)(1) of this section.
For those products which require both the package and charcoal be lit,
weigh the whole package--do not remove charcoal. Weigh an empty package
(not the same one to be used during the test). Subtract the package
weight from the overall weight of the package and charcoal. The full
package and empty package must be stored, handled, and weighed the same
as in paragraph (h)(1) of this section. If the difference (the charcoal
weight) is between 0.7 to 1.4 kilograms (1.5 to 3.0 pounds), the test
may proceed. The emissions measured (E) in Equation 5 of paragraph
(k)(7) of this section must be adjusted to a 0.9 kilogram (2-pound)
charge. Place packaged barbecue charcoal on the grate in the manner
specified by the manufacturer's directions.
(3) Initial meteorological and environmental criteria in paragraph
(d) shall be complied with.
(4) The stack velocity must be set before each day of testing at 140
9 meters per minute (450 30 feet per minute)
by performing a velocity traverse as specified in paragraph (g)(1) of
this section. The velocity will be attained by adjusting the axial fan
speed using a rheostat.
(5) The fireplace shall be conditioned at the start of each day
before sampling tests by using a grill ignited by the electric probe. If
a time period of over 60 minutes between sampling test runs occur, the
condition step must be repeated.
(6) Before each test run, leak check the continuous organic
emissions monitor by blocking the flow to the probe. Allow the
instrument to warm up for the duration specified by the manufacturer's
directions. Select the 0 to 100 parts per million range. Check the
battery level and hydrogen pressure. Zero with hydrocarbon-free air
(<0.1 parts per million hydrocarbons as methane) span with 90 parts per
million methane in ultra pure air. Zero and span another instrument
selection range if needed for test purposes.
(7) Before the testing program begins, establish a point of average
concentration of organics in the stack by using a continuous organic
emissions monitor and a grill with charcoal ignited by the electric
probe 40 minutes after initial release of emissions. Record the
continuous organic emissions monitor traverse data.
(8) Prepare the integrated VOC sampling equipment and perform the
required leak checks. Fit the probes with
[[Page 312]]
nozzles housing two micron particulate filters. Insert the probes and
nozzles into the sampling port to draw a sample of the exhaust gas from
the point of average organic concentration as determined from the
continuous organic emissions monitor sample traverse described in
paragraph (h)(4) of this section. Also, position the nozzles such that
they point downstream in the stack. Obtain the samples concurrently and
continuously over the test run.
(9) Insert the continuous organic emissions monitor probe into the
sampling port to draw a sample of the exhaust gas from the point of
average organic concentration as determined from the continuous organic
emissions monitor sample traverse described in paragraph (h)(7) of this
section.
(i) Test procedure. The labeled directions, as defined in paragraph
(e) of this section, shall be followed throughout the course of the
testing. In cases where the directions are incompatible with this
protocol, circumvent the intent of this protocol, or are unclear
(subject to different interpretations) and inadequate, the Administrator
must be informed in writing of the nature of the conflict, as well as
the proposed resolution, prior to commencing testing. When the labeled
directions for a charcoal lighter material do not fall within the
testing guidelines of this protocol, the protocol may only be modified
upon written approval of the Administrator.
(1) Place the bottom of the barbecue grill on the floor of the
fireplace, 5 centimeters (2 inches) from the rear wall. Ignite charcoal
as specified by manufacturer's labeled directions.
(2) For electric probe ignition, carefully remove probe without
disturbing charcoal after 10 minutes of operation.
(3) For fluid ignition, simultaneously match light fluid on charcoal
and fluid that has fallen to the bottom of the grill.
(4) Place the grill temperature probe 11 centimeters (4.5 inches)
above the top of the charcoal immediately after the charcoal lighter
material flame goes out, or before, if the lighter material does not
flame.
(5) Conduct at least six test runs for both the electric probe
ignition and for the lighter material being evaluated. Alternate these
lighter material for all 12 runs. All runs must be conducted over 3
consecutive days or less. Alternatively, baseline emissions testing
(using the electric probe) may be applied to other test runs provided
the test runs occur within 4 months of the baseline testing. Integrated
VOC sampling and continuous organic emissions monitoring begin for each
test run when the charcoal lighter material and/or materials start to
generate/release organics (this will be the time of pouring for lighter
fluids and the time of ignition for most other ignition sources).
Option: Because the manufacturer of treated or impregnated charcoal
supplies both the lighter material and barbecue charcoal, they may apply
the 9 grams VOC per start emission limit as an absolute value without an
adjustment for the VOC emissions from an electric probe.
(6) Sampling ends for each test run when all the following
conditions are met:
(i) The temperature 11 centimeters (4.5 inches) above the maximum
height of the briquette pile, using the grill temperature probe
described in paragraph (d)(3)(ii) of this section, is at least 93
degrees Celsius (200 degrees Fahrenheit);
(ii) The continuous organic emissions monitor is reading below 30
parts per million for at least 2 minutes;
(iii) The test sampling has continued for 25 minutes (but not more)
and
(iv) The charcoal surface is 70 percent covered with ash (to be
documented with photograph on top and 60 degrees above the horizon).
(7) During the sampling test runs, temperatures (excluding ambient)
and continuous organic emission monitor readings shall be recorded and
shall comply with the requirements in paragraph (b) of this section.
Humidity, wind speed, and ambient temperature readings shall be
monitored and shall comply with the requirements in paragraph (b) of
this section.
(8) Collect one blank sample for VOC and one ambient air sample
during one run of each day per paragraph (k) of this section.
[[Page 313]]
(j) Post-run procedure. (1) Record temperatures (including ambient),
humidity, wind speed, and continuous organic emissions monitor reading.
(2) Record the drift using zero and span gases. Leak check and span
the continuous organic emissions monitor as described in paragraph
(h)(6) of this section for the next run.
(3) Leak check and disassemble the integrated VOC sampling equipment
as described in Method 25 of 40 CFR part 60, appendix A or SCAQMD Method
25.1 (incorporated by reference--see Sec. 59.213 of this subpart), or
equivalent.
(4) Thoroughly clean grill surfaces of all residue before conducting
next ignition run.
(k) Calculations. Calculations shall be carried out to at least one
significant digit beyond that of the acquired data, and then rounded off
after final calculation to two significant digits for each run. All
rounding off of numbers should be in accordance with the American
Society for Testing and Materials (ASTM) E 380-93, Standard Practice for
Use of the SI International System of Units, procedures (incorporated by
reference--see Sec. 59.213 of this subpart).
(1) Calculate the average stack reference point temperature during
sampling (tsr).
(2) Calculate the average measured velocities (in meters per minute
[feet per minute]): Traverse (ut), traverse reference point
(utr), and reference point during sampling (usr).
(3) Calculate the corrected average sampling velocity
(us) by applying Equation 2:
[GRAPHIC] [TIFF OMITTED] TR11SE98.003
(4) Calculate the average flow rate (Qs) in cubic meters
per minute (cubic feet per minute) by applying Equation 3:
[GRAPHIC] [TIFF OMITTED] TR11SE98.004
Where
A=Duct cross-sectional area, (square meters [square feet]
(5) Correct the flow rate to dry standard conditions (Qds) by
applying Equation 4. Assume the static pressure to be atmospheric and
the molar density correction factor to be 1.0
[GRAPHIC] [TIFF OMITTED] TR11SE98.005
Where
Ts=289 K (520 R)
TS=273 K (460 R)
H=Percent moisture-100
=0.02
(6) Calculate the average total gaseous non-methane organic carbon
for each duplicate sample run analyzed.
(7) Calculate the grams (pounds) of VOC as CH2 emitted
per start (normalized to 0.9 kilograms [2 pounds] of charcoal) for each
run using Equation 5:
[GRAPHIC] [TIFF OMITTED] TR11SE98.006
Where
E=Emissions of VOC per start for each test run (grams VOC/start [pounds
VOC/start])
A=Hydrocarbon molecular weight
=14.0268 grams per gram-mole (14.0268 pounds per pound-mole)
B=Carbon number
=1
C=Average concentration for each duplicate run of total gaseous
nonmethane organic compounds as CO2 (parts per million, from
lab analysis sheet)
D=Sampling duration
=25 minutes
d=Molar density of gas at standard conditions
=42.33 gram-mole per cubic meter (0.0026353 pound-mole per cubic foot)
N=Normalized mass (0.9 kilograms [2 pounds])
M=Mass of charge (kilograms [pounds])
(8) Calculate the average VOC emissions for each lighter material
tested. Identify and discard statistical outliers. Note a minimum of
five valid results are required for a determination. This procedure for
eliminating an outlier may only be performed once for each lighter
material tested.
(9) Using Equation 6, calculate the resultant VOC emissions per
start (Er) and determine if it is less than or equal
[[Page 314]]
to the 9 grams VOC per start emission limit.
[GRAPHIC] [TIFF OMITTED] TR11SE98.007
Where
ei=Average emissions of VOC per start from the charcoal
lighter material being evaluated (grams VOC/start [pounds VOC/start]
expressed as CH2)
eep=Average reference VOC emissions per start from the
ignition by electric probe (grams VOC/start [pounds VOC/start] expressed
as CH2)
=0 grams VOC/start (0 pounds VOC/start) for treated or impregnated
charcoal
Eb=Standard baseline VOC emissions per start from the
ignition by electric probe (expressed as CH2)
=0 grams VOC/start (0 pounds VOC/start) for treated or impregnated
charcoal
=3.6 grams VOC/start (0.008 pounds VOC/start) for all other charcoal
lighter material
(l) Recordkeeping. A record of the following charcoal lighter
material compliance test information shall be kept for at least 5 years:
(1) Real time temperature and continuous organic emissions monitor
readings from continuous chart recorder and/or manual reading of
temperatures and the continuous organic emissions monitor output.
(2) A description of quality assurance/quality control (QA/QC)
procedures followed for all measuring equipment and calibration test
data.
(3) A description of QA/QC procedures followed for all sampling and
analysis equipment and calibration test data.
(4) Time and quantity of blanks and ambient 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
charcoal and lighter material used for testing.
(10) Formulation of lighter material tested (indicate if the
information is to be handled confidentially).
(11) Photographs documenting charcoal surface ash coverage.
(m) Quality Assurance/Quality Control (QA/QC) Requirements. The QA/
QC guidelines in the EPA's Quality Assistance Handbook (EPA 600.4-77-
027b) shall be followed. In addition, the following procedures shall be
used:
(1) A blank sample for VOC shall be performed once each day, during
the start period of one of the lighter materials, using the integrated
VOC sampling apparatus.
(2) An ambient air sample for VOC shall be taken once each day,
during the start period of one of the lighter materials, using the
integrated VOC sampling apparatus with Nupro[Delta] 2 micron filters.
(3) Traceability certificates shall be provided for all calibration
gases used for the continuous organic emissions monitor and integrated
VOC analysis.
(4) Grill temperature probe shall be calibrated using the procedures
in ASTM Method E220-86 (incorporated by reference as specified in United
States Sec. 59.213).
(5) Supply documentation for place of purchase ( or origin if
experimental) and chain of custody for lighter material tested.
Documentation to be included for both treated and impregnated charcoal.
(6) Supply documentation for place of purchase and chain of custody
for untreated charcoal.
[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]
Sec. 59.209 Recordkeeping and reporting requirements.
(a) The distributor that is named on the product label shall
maintain the records specified in paragraphs (a)(1) and (a)(2) of this
section, unless the manufacturer or importer has submitted to the
Administrator a written certification that the manufacturer or importer
will maintain the records for the distributor in accordance with
paragraph (a)(3) of this section. If no distributor is named on the
label, the manufacturer or importer must maintain the specified records.
The records must be retained for at least 3 years and must be in a form
suitable and readily available for inspection and review.
[[Page 315]]
(1) Records or formulations being manufactured or imported on or
after December 10, 1998 for all consumer products subject to
Sec. 59.213(a), or December 10, 1999 for all consumer products subject
to Sec. 59.203(c) and
(2) Accurate records for each batch of production, starting on
December 10, 1998 for all consumer products subject to Sec. 59.203(a) or
December 10, 1999 for all consumer products subject to Sec. 59.203(c),
of the weight-percent and chemical composition of the individual product
constituents.
(3) By providing this written certification to the Administrator,
the certifying manufacturer accepts responsibility for compliance with
the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this
section with respect to any products covered by the written
certification. Failure to maintain the required records may result in
enforcement action by the EPA against the certifying manufacturer in
accordance with the enforcement provisions applicable to violations of
these provisions by regulated entities. The certifying manufacturer may
revoke the written certification by sending a written statement to the
Administrator and the regulated entity giving at least 90 days notice
that the certifying manufacturer is rescinding acceptance of
responsibility for compliance with the recordkeeping requirements listed
in this paragraph. Upon expiration of the notice period, the regulated
entity must assume responsibility for maintaining the records specified
in this paragraph. Written certifications and revocation statements, to
the Administrator from the certifying manufacturer shall be signed by
the responsible official of the certifying manufacturer, provide the
name and address of the certifying manufacturer, and be sent to the
appropriate EPA Regional Office at the addresses listed in Sec. 59.210
of this subpart. Such written certifications are not transferable by the
manufacturer.
(b) If requested by the Administrator, product VOC content must be
demonstrated to the Administrator's satisfaction to comply with the VOC
content limits presented in Sec. 59.203(a).
(c) Each manufacturer or importer subject to the provisions of
Sec. 59.203(d) shall maintain records specified in either paragraph
(c)(1) or (c)(2) of this section for each charcoal lighter material.
(1) Test report from each certification test performed as specified
in Sec. 59.208(b) and all information and data specified in
Sec. 59.208(l); or
(2) Records of emission testing, which was performed by a method
determined by the Administrator to be an acceptable alternative to that
described in Sec. 59.208, previously submitted to a State or local
regulatory agency.
(d) The distributor that is named on the product label, or if no
distributor is named on the label, the manufacturer or importer, shall
submit by the applicable compliance date, or within 30 days after
becoming a regulated entity, a one-time Initial Notification Report
including the information specified in paragraphs (d)(1) through (d)(5)
of this section.
(1) Company name;
(2) Name, title, phone number, address, and signature or certifying
company official;
(3) A list of product categories and subcategories subject to
Sec. 59.203 for which the company is currently the regulated entity;
(4) A description of date coding systems, clearly explaining how the
date of manufacture is marked on each sales unit of subject consumer
products; and
(5) The name and location of the designated recordkeeping agent, if
the records specified in paragraphs (a)(1) and (a)(2) are to be
maintained by the manufacturer.
(e) If a regulated entity changes the date coding system reported
according to paragraph (d)(4) of this section, the regulated entity
shall notify the Administrator of such changes within 30 days following
the change.
(f) If requested by the Administrator, the following information
shall be made available within 30 days after receiving the request:
(1) Location of facility(ies) manufacturing, importing, or
distributing subject consumer products;
(2) A list of product categories and subcategories, as found in
tables 1 and 2 of this subpart, that are manufactured, imported, or
distributed at each facility; and
[[Page 316]]
(3) Location where VOC content records are kept for each subject
consumer product.
(g) Each manufacturer or importer subject to the innovative product
provisions in Sec. 49.204 shall submit notifications as indicated in
Sec. 59.204(d) and (e).
Sec. 59.210 Addresses of EPA Regional Offices.
All requests, reports, submittals, and other communications to the
Administrator pursuant to this regulation shall be submitted to the
Regional Office of the EPA which serves the State or territory in which
the corporate headquarters of the regulated entity resides. These areas
are indicated in the following list of EPA Regional Offices:
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont), Director, Office of Ecosystem Protection, J.F.K.
Federal Building, Boston, MA 02203-2211.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Division of Environmental Planning and Protection, 290
Broadway, New York, NY 10007.
EPA Region III (Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia), Director, Air, Radiation, and
Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107.
EPA Region IV (Alabama, Florida, Georgia, 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, Air and Radiation Division, 77 West Jackson Blvd.,
Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Multimedia Planning and Permitting Division, 1445 Ross Avenue,
Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air,
RCRA, and Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota,
Utah, Wyoming), Director, Office of Pollution Prevention, State, and
Tribal Assistance, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada) Director, Air Divisions, 75 Hawthorne Street, San Francisco, CA
94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Office
of Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.
Sec. 59.211 State authority.
(a) The provisions in this regulation shall not be construed in any
manner to preclude any State or political subdivision thereof from:
(1) Adopting and enforcing any emission standard or limitation
applicable to a regulated entity.
(2) Requiring the regulated entity to obtain permits, licenses, or
approvals prior to initiating construction, modification, or operation
of a facility for manufacturing a consumer product.
(b) [Reserved]
Sec. 59.212 Circumvention.
No regulated entity subject to these standards shall alter, destroy,
or falsify any record or report to conceal what would otherwise be
noncompliance with these standards. Such concealment includes, but is
not limited to refusing to provide the Administrator access to all
required records and date-coding information, altering the percent VOC
content of a product batch, or altering the results of any required
performance tests.
Sec. 59.213 Incorporations by reference.
(a) The materials listed in this section are incorporated by
reference in the paragraphs noted in Sec. 59.207. These incorporations
by reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice of
any changes in these materials will be published in the Federal
Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC 20408, at the Air and Radiation Docket and
Information Center, U.S. EPA, 401 M St., SW., Washington, DC 20460, and
at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, NC 27711.
(b) The materials listed below are available for purchase from at
least one of the following addresses: American Society for Testing and
Materials (ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD
Subscription Services, P.O. Box 4932; 21865 Copley
[[Page 317]]
Drive, Diamond Bar, CA 91765-0932; or University Microfilms
International, 300 North Zeeb Road, Ann Arbor MI, 48106.
(1) ASTM Method E220-86 Standard Method for Calibration of
Thermocouples by Comparisons Techniques, incorporation by reference
(IBR) approved for Sec. 59,208(m)(4).
(2) ASTM Method E380-82 Metric Practice, IBR approved for
Sec. 59.208(k).
(3) SCAQMD Method 25.1, March 1989 Determination of Total Gaseous
Non-Methane Organic Emissions as Carbon (amended February 26, 1991) IBR
approved for Sec. 59.208(g)(2).
Sec. 59.214 Availability of information and confidentiality
(a) Availability of information. Specific reports or records
required by this subpart are not available to the public. The
Administrator will, upon request, provide information as to the
compliance status of a product or regulated entity.
(b) Confidentiality. All confidential business information entitled
to protection under section 114(c) of the CAA that must be submitted or
maintained by a regulated entity pursuant to this section shall be
treated in accordance with 40 CFR part 2, Subpart B.
Table 1 to Subpart C.--VOC Content Limits by Product Category
------------------------------------------------------------------------
VOC content
Product category limit (weight-
percent VOC)
------------------------------------------------------------------------
Air fresheners:
Single-phase........................................ 70
Double-phase........................................ 30
Liquids/pump sprays................................. 18
Solids/gels......................................... 3
Automotive windshield washer fluid...................... 35
Bathroom and tile cleaners:
Aerosols............................................ 7
All other forms..................................... 5
Carburetor and choke cleaners........................... 75
Cooking sprays--aerosol............................. 18
Dusting aids:
Aerosols............................................ 35
All other forms..................................... 7
Engine degreasers....................................... 75
Fabric protectants...................................... 75
Floor polishes/waxes:
Products for flexible flooring materials............ 7
Products for nonresilient flooring.................. 10
Wood floor wax...................................... 90
Furniture maintenance products-aerosol.................. 25
General purpose cleaners................................ 10
Glass cleaners:
Aerosols............................................ 12
All other forms..................................... 8
Hairsprays.............................................. 80
Hair mousses............................................ 16
Hair Styling gels....................................... 6
Household adhesives:
Aerosols............................................ 75
Contact............................................. 80
Construction and panel.............................. 40
General purpose..................................... 10
Structural waterproof............................... 15
Insecticides:
Crawling bug........................................ 40
Flea and tick....................................... 25
Flying bug.......................................... 35
Foggers............................................. 45
Lawn and Garden..................................... 20
Laundry prewash:
Aerosols/solids..................................... 22
All other forms..................................... 5
Laundry starch products................................. 5
Nail polish removers.................................... 85
Oven cleaners:
Aerosols/pump....................................... 8
Liquids............................................. 5
Shaving creams.......................................... 5
------------------------------------------------------------------------
[[Page 318]]
Table 2 to Subpart C.--HVOC \1\ Content Limits for Underarm Deodorants
and Underarm Antiperspirants
------------------------------------------------------------------------
Percent HVOC
content limit
Product category (weight-
percent HVOC)
------------------------------------------------------------------------
Underarm antiperspirants--aerosol....................... 60
Underarm deodorants--aerosol............................ 20
------------------------------------------------------------------------
\1\ High-volatility organic compound (HVOC) are VOC with vapor pressure
greater than 80 millimeters of mercury at 20 degrees Celsius.
[[Page 319]]
Appendix A to Subpart C of Part 59--Figures
[GRAPHIC] [TIFF OMITTED] TR11SE98.008
[[Page 320]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.009
[[Page 321]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.010
[[Page 322]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.011
[[Page 323]]
Subpart D--National Volatile Organic Compound Emission Standards for
Architectural Coatings
Source: 63 FR 48877, Sept. 11, 1998, unless otherwise noted.
Sec. 59.400 Applicability and compliance dates.
(a) Except as provided in paragraphs (b) and (c) of this section,
the provisions of this subpart apply to each architectural coating
manufactured on or after September 13, 1999 for sale or distribution in
the United States.
(b) For any architectural coating registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136, et
seq.), the provisions of this subpart apply to any such coating
manufactured on or after March 13, 2000 for sale or distribution in the
United States.
(c) The provisions of this subpart do not apply to any architectural
coating described in paragraphs (c)(1) through (c)(5) of this section:
(1) A coating that is manufactured for sale or distribution to
architectural coating markets outside the United States; such a coating
must not be sold or distributed within the United States as an
architectural coating.
(2) A coating that is manufactured prior to September 13, 1999.
(3) A coating that is sold in a nonrefillable aerosol container.
(4) A coating that is collected and redistributed at a paint
exchange.
(5) A coating that is sold in a container with a volume of one liter
or less.
Sec. 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 substance that is applied for the
purpose of bonding two surfaces together other than by mechanical means.
Under this subpart, adhesives are not considered coatings.
Administrator means the Administrator of the United States
Environmental Protection Agency (U.S. EPA) or an authorized
representative.
Antenna coating means a coating formulated and recommended for
application to equipment and associated structural appurtenances that
are used to receive or transmit electromagnetic signals.
Anti-fouling coating means a coating formulated and recommended for
application to submerged stationary structures and their appurtenances
to prevent or reduce the attachment of marine or freshwater biological
organisms, including, but not limited to, coatings registered with the
EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. Section 136, et seq.) and nontoxic foul-release coatings.
Anti-graffiti coating means a clear or opaque high performance
coating formulated and recommended for application to interior and
exterior walls, doors, partitions, fences, signs, and murals to deter
adhesion of graffiti and to resist repeated scrubbing and exposure to
harsh solvents, cleansers, or scouring agents used to remove graffiti.
Appurtenance means any accessory to a stationary structure, whether
installed or detached at the proximate site of installation, including
but not limited to: bathroom and kitchen fixtures; cabinets; concrete
forms; doors; elevators; fences; hand railings; heating equipment, air
conditioning equipment, and other fixed mechanical equipment or
stationary tools; lamp posts; partitions; pipes and piping systems; rain
gutters and downspouts; stairways, fixed ladders, catwalks, and fire
escapes; and window screens.
Architectural coating means a coating recommended for field
application to stationary structures and their appurtenances, to
portable buildings, to pavements, or to curbs. This definition excludes
adhesives and coatings recommended by the manufacturer or importer
solely for shop applications or solely for application to non-stationary
structures, such as airplanes, ships, boats, and railcars.
Below-ground wood preservative means a coating that is formulated
and recommended to protect below-ground wood from decay or insect attack
and that is registered with the EPA under the Federal Insecticide,
Fungicide, and
[[Page 324]]
Rodenticide Act (7 U.S.C. Section 136, et seq.).
Bituminous coating and mastic means a coating or mastic formulated
and recommended for roofing, pavement sealing, or waterproofing that
incorporates bitumens. Bitumens are black or brown materials including,
but not limited to, asphalt, tar, pitch, and asphaltite that are soluble
in carbon disulfide, consist mainly of hydrocarbons, and are obtained
from natural deposits of asphalt or as residues from the distillation of
crude petroleum or coal.
Bond breaker means a coating formulated and recommended for
application between layers of concrete to prevent a freshly poured top
layer of concrete from bonding to the layer over which it is poured.
Calcimine recoater means a flat solventborne coating formulated and
recommended specifically for recoating calcimine-painted ceilings and
other calcimine-painted substrates.
Chalkboard resurfacer means a coating formulated and recommended for
application to chalkboards to restore a suitable surface for writing
with chalk.
Clear means allowing light to pass through, so that the substrate
may be distinctly seen.
Coating means a material applied onto or impregnated into a
substrate for protective, decorative, or functional purposes. Such
materials include, but are not limited to, paints, varnishes, sealants,
inks, maskants, and temporary coatings. Protective, decorative, or
functional materials that consist only of solvents, acids, bases, or any
combination of these substances are not considered coatings for the
purposes of this subpart.
Colorant means a concentrated pigment dispersion of water, solvent,
and/or binder that is added to an architectural coating in a paint store
or at the site of application to produce the desired color.
Concrete curing compound means a coating formulated and recommended
for application to freshly placed concrete to retard the evaporation of
water.
Concrete curing and sealing compound means a liquid membrane-forming
compound marketed and sold solely for application to concrete surfaces
to reduce the loss of water during the hardening process and to seal old
and new concrete providing resistance against alkalis, acids, and
ultraviolet light, and provide adhesion promotion qualities. The coating
must meet the requirements of American Society for Testing and Materials
(ASTM) C 1315-95, Standard Specification for Liquid Membrane-Forming
Compounds Having Special Properties for Curing and Sealing Concrete
(incorporated by reference--see Sec. 59.412 of this subpart).
Concrete protective coating means a high-build coating, formulated
and recommended, for application in a single coat over concrete,
plaster, or other cementitious surfaces. These coatings are formulated
to be primerless, one-coat systems that can be applied over form oils
and/or uncured concrete. These coatings prevent spalling of concrete in
freezing temperatures by providing long-term protection from water and
chloride ion intrusion.
Concrete surface retarder means a mixture of retarding ingredients
such as extender pigments, primary pigments, resin, and solvent that
interact chemically with the cement to prevent hardening on the surface
where the retarder is applied, allowing the retarded mix of cement and
sand at the surface to be washed away to create an exposed aggregate
finish.
Container means the individual receptacle that holds the coating for
storage and/or sale or distribution.
Conversion varnish means a clear acid curing coating with an alkyd
or other resin blended with amino resins and supplied as a single
component or two-component product. Conversion varnishes produce a hard,
durable, clear finish designed for professional application to wood
flooring. The film formation is the result of an acid-catalyzed
condensation reaction, affecting a transetherification at the reactive
ethers of the amino resins.
Dry fog coating means a coating formulated and recommended only for
spray application such that overspray droplets dry before subsequent
contact with incidental surfaces in the vicinity of the surface coating
activity.
Exempt compounds means specific organic compounds that are not
considered volatile organic compounds (VOC)
[[Page 325]]
due to negligible photochemical reactivity. The exempt compounds are
specified in 40 CFR 51.100.
Exterior coating means an architectural coating formulated and
recommended for use in conditions exposed to the weather.
Extreme high durability coating means an air dry coating, including
a fluoropolymer-based coating, that is formulated and recommended for
touchup of precoated architectural aluminum extrusions and panels and to
ensure the protection of architectural subsections, and that meets the
weathering requirements of American Architectural Manufacturer's
Association (AAMA) specification 605-98, Voluntary Specification
Performance Requirements and Test Procedures for High Performance
Organic Coatings on Aluminum Extrusions and Panels, Section 7.9
(incorporated by reference--see Sec. 59.412 of this subpart).
Faux-finishing/glazing means a coating used for wet-in-wet
techniques, such as faux woodgrain, faux marble, and simulated aging,
which require the finish to remain wet for an extended period of time.
Fire-retardant/resistive coating means a coating formulated and
recommended to retard ignition and flame spread, or to delay melting or
structural weakening due to high heat, that has been fire tested and
rated by a certified laboratory for use in bringing buildings and
construction materials into compliance with Federal, State, and local
building code requirements.
Flat coating means a coating that is not defined under any other
definition in this section and that registers gloss less than 15 on an
85-degree meter or less than 5 on a 60-degree meter according to ASTM
Method D 523-89, Standard Test Method for Specular Gloss (incorporated
by reference--see Sec. 59.412 of this subpart).
Floor coating means an opaque coating with a high degree of abrasion
resistance that is formulated and recommended for application to
flooring including, but not limited to, decks, porches, and steps in a
residential setting.
Flow coating means a coating that is used by electric power
companies or their subcontractors to maintain the protective coating
systems present on utility transformer units.
Form release compound means a coating formulated and recommended for
application to a concrete form to prevent the freshly placed concrete
from bonding to the form. The form may consist of wood, metal, or some
material other than concrete.
Graphic arts coating or sign paint means a coating formulated and
recommended for hand-application by artists using brush or roller
techniques to indoor or outdoor signs (excluding structural components)
and murals including lettering enamels, poster colors, copy blockers,
and bulletin enamels.
Heat reactive coating means a high performance phenolic-based
coating requiring a minimum temperature of 191 deg.C (375 deg.F) to
204 deg.C (400 deg.F) to obtain complete polymerization or cure. These
coatings are formulated and recommended for commercial and industrial
use to protect substrates from degradation and maintain product purity
in which one or more of the following extreme conditions exist:
(1) Continuous or repeated immersion exposure of 90 to 98 percent
sulfuric acid, or oleum;
(2) Continuous or repeated immersion exposure to strong organic
solvents;
(3) Continuous or repeated immersion exposure to petroleum
processing at high temperatures and pressures; and
(4) Continuous or repeated immersion exposure to food or
pharmaceutical products which may or may not require high temperature
sterilization.
High temperature coating means a high performance coating formulated
and recommended for application to substrates exposed continuously or
intermittently to temperatures above 202 deg.C (400 deg.F).
Impacted immersion coating means a high performance maintenance
coating formulated and recommended for application to steel structures
subject to immersion in turbulent, debris-laden water. These coatings
are specifically resistant to high-energy impact damage caused by
floating ice or debris.
Imported means that a coating manufactured outside the United States
has been brought into the United States for sale or distribution.
[[Page 326]]
Importer means a person that brings architectural coatings into the
United States for sale or distribution within the United States. This
definition does not include any person that brings a coating into the
United States and repackages the coating by transferring it from one
container to another, provided the coating VOC content is not altered
and the coating is not sold or distributed to another party. For
purposes of applying this definition, divisions of a company,
subsidiaries, and parent companies are considered to be a single
importer.
Industrial maintenance coating means a high performance
architectural coating, including primers, sealers, undercoaters,
intermediate coats, and topcoats formulated and recommended for
application to substrates exposed to one or more of the following
extreme environmental conditions in an industrial, commercial, or
institutional setting:
(1) Immersion in water, wastewater, or chemical solutions (aqueous
and nonaqueous solutions), or chronic exposure of interior surfaces to
moisture condensation;
(2) Acute or chronic exposure to corrosive, caustic, or acidic
agents, or to chemicals, chemical fumes, or chemical mixtures or
solutions;
(3) Repeated exposure to temperatures above 120 deg.C (250 deg.F);
(4) Repeated (frequent) heavy abrasion, including mechanical wear
and repeated (frequent) scrubbing with industrial solvents, cleansers,
or scouring agents; or
(5) Exterior exposure of metal structures and structural components.
Interior clear wood sealer means a low viscosity coating formulated
and recommended for sealing and preparing porous wood by penetrating the
wood and creating a uniform smooth substrate for a finish coat of paint
or varnish.
Interior coating means an architectural coating formulated and
recommended for use in conditions not exposed to natural weathering.
Label means any written, printed, or graphic matter affixed to,
applied to, attached to, blown into, formed, molded into, embossed on,
or appearing upon any architectural coating container for purposes of
branding, identifying, or giving information with respect to the
product, use of the product, or contents of the container.
Lacquer means a clear or pigmented wood finish, including clear
lacquer sanding sealers, formulated with cellulosic or synthetic resins
to dry by evaporation without chemical reaction and to provide a solid,
protective film. Lacquer stains are considered stains, not lacquers.
Low solids means containing 0.12 kilogram or less of solids per
liter (1 pound or less of solids per gallon) of coating material and for
which at least half of the volatile component is water.
Magnesite cement coating means a coating formulated and recommended
for application to magnesite cement decking to protect the magnesite
cement substrate from erosion by water.
Manufactured means that coating ingredients have been combined and
put into containers that have been labeled and made available for sale
or distribution.
Manufacturer means a person that produces, packages, or repackages
architectural coatings for sale or distribution in the United States. A
person that repackages architectural coatings as part of a paint
exchange, and does not produce, package, or repackage any other
architectural coatings for sale or distribution in the United States, is
excluded from this definition. A person that repackages a coating by
transferring it from one container to another is excluded from this
definition, provided the coating VOC content is not altered and the
coating is not sold or distributed to another party. For purposes of
applying this definition, divisions of a company, subsidiaries, and
parent companies are considered to be a single manufacturer.
Mastic texture coating means a coating formulated and recommended to
cover holes and minor cracks and to conceal surface irregularities, and
is applied in a single coat of at least 10 mils (0.010 inch) dry film
thickness.
Megagram means one million grams or 1.102 tons.
Metallic pigmented coating means a nonbituminous coating containing
at least 0.048 kilogram of metallic pigment per liter of coating (0.4
pound per
[[Page 327]]
gallon) including, but not limited to, zinc pigment.
Multi-colored coating means a coating that is packaged in a single
container and exhibits more than one color when applied.
Nonferrous ornamental metal lacquers and surface protectant means a
clear coating formulated and recommended for application to ornamental
architectural metal substrates (bronze, stainless steel, copper, brass,
and anodized aluminum) to prevent oxidation, corrosion, and surface
degradation.
Nonflat coating means a coating that is not defined under any other
definition in this section and that registers a gloss of 15 or greater
on an 85-degree meter or 5 or greater on a 60-degree meter according to
ASTM Method D 523-89, Standard Test Method for Specular Gloss
(incorporated by reference--see Sec. 59.412 of this subpart).
Nuclear coating means a protective coating formulated and
recommended to seal porous surfaces such as steel (or concrete) that
otherwise would be subject to intrusion by radioactive materials. These
coatings must be resistant to long-term (service life) cumulative
radiation exposure (ASTM Method D 4082-89, Standard Test Method for
Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear
Power Plants (incorporated by reference--see Sec. 59.412 of this
subpart)), relatively easy to decontaminate, and resistant to various
chemicals to which the coatings are likely to be exposed (ASTM Method D
3912-80 (Reapproved 1989), Standard Test Method for Chemical Resistance
of Coatings Used in Light-Water Nuclear Power Plants (incorporated by
reference--see Sec. 59.412 of this subpart)).
Opaque means not allowing light to pass through, so that the
substrate is concealed from view.
Paint exchange means a program in which consumers, excluding
architectural coating manufacturers and importers, may drop off and pick
up usable post-consumer architectural coatings in order to reduce
hazardous waste.
Person means an individual, corporation, partnership, association,
State municipality, political subdivision of a State, and any agency,
department, or instrumentality of the United States and any officer,
agent, or employee thereof.
Pigmented means containing finely ground insoluble powder used to
provide one or more of the following properties: color; corrosion
inhibition; conductivity; fouling resistance; opacity; or improved
mechanical properties.
Post-consumer coating means an architectural coating that has
previously been purchased by a consumer or distributed to a consumer but
not applied, and reenters the marketplace to be purchased by or
distributed to a consumer. Post-consumer coatings include, but are not
limited to, coatings collected during hazardous waste collection
programs for repackaging or blending with virgin coating materials.
Pretreatment wash primer means a primer that contains a minimum of
0.5 percent acid, by weight, that is formulated and recommended for
application directly to bare metal surfaces in thin films to provide
corrosion resistance and to promote adhesion of subsequent topcoats.
Primer means a coating formulated and recommended for application to
a substrate to provide a firm bond between the substrate and subsequent
coatings.
Quick-dry enamel means a nonflat coating that has the following
characteristics:
(1) Is capable of being applied directly from the container under
normal conditions with ambient temperatures between 16 and 27 deg.C (60
and 80 deg.F);
(2) When tested in accordance with ASTM Method D 1640-83 (Reapproved
1989), Standard Test Methods for Drying, Curing, or Film Formation of
Organic Coatings at Room Temperature (incorporated by reference--see
Sec. 59.412), sets to touch in 2 hours or less, is tack free in 4 hours
or less, and dries hard in 8 hours or less by the mechanical test
method; and
(3) Has a dried film gloss of 70 or above on a 60 degree meter.
Quick-dry primer, sealer, and undercoater means a primer, sealer, or
undercoater that is dry to the touch in a \1/2\ hour and can be recoated
in 2 hours when tested in accordance with ASTM Method D 1640-83
(Reapproved 1989), Standard Test Methods for Drying, Curing, or Film
Formation of Organic
[[Page 328]]
Coatings at Room Temperature (incorporated by reference--see Sec. 59.412
of this subpart).
Recycled coating means an architectural coating that contains some
portion of post-consumer coating. Recycled architectural coatings
include, but are not limited to, post-consumer coatings that have been
repackaged or blended with virgin coating materials.
Repackage means to transfer an architectural coating from one
container to another.
Repair and maintenance thermoplastic coating means an industrial
maintenance coating that has vinyl or chlorinated rubber as a primary
resin and is recommended solely for the repair of existing vinyl or
chlorinated rubber coatings without the full removal of the existing
coating system.
Roof coating means a coating formulated and recommended for
application to exterior roofs for the primary purpose of preventing
penetration of the substrate by water or reflecting heat and reflecting
ultraviolet radiation. This does not include thermoplastic rubber
coatings.
Rust preventative coating means a coating formulated and recommended
for use in preventing the corrosion of ferrous metal surfaces in
residential situations.
Sanding sealer means a clear wood coating formulated and recommended
for application to bare wood to seal the wood and to provide a coat that
can be sanded to create a smooth surface. A sanding sealer that also
meets the definition of a lacquer is not included in this category, but
is included in the lacquer category.
Sealer means a coating formulated and recommended for application to
a substrate for one or more of the following purposes: to prevent
subsequent coatings from being absorbed by the substrate; to prevent
harm to subsequent coatings by materials in the substrate; to block
stains, odors, or efflorescence; to seal fire, smoke, or water damage;
or to condition chalky surfaces.
Semitransparent means not completely concealing the surface of a
substrate or its natural texture or grain pattern.
Shellac means a clear or pigmented coating formulated with natural
resins (except nitrocellulose resins) soluble in alcohol (including, but
not limited to, the resinous secretions of the lac beetle, Laciffer
lacca). Shellacs dry by evaporation without chemical reaction and
provide a quick-drying, solid protective film that may be used for
blocking stains.
Shop application means that a coating is applied to a product or a
component of a product in a factory, shop, or other structure as part of
a manufacturing, production, or repairing process (e.g., original
equipment manufacturing coatings).
Stain means a coating that produces a dry film with minimal
coloring. This includes lacquer stains.
Stain controller means a conditioner or pretreatment coating
formulated and recommended for application to wood prior to the
application of a stain in order to prevent uneven penetration of the
stain.
Swimming pool coating means a coating formulated and recommended to
coat the interior of swimming pools and to resist swimming pool
chemicals.
Thermoplastic rubber coating and mastic means a coating or mastic
formulated and recommended for application to roofing or other
structural surfaces and that incorporates no less than 40 percent by
weight of thermoplastic rubbers in the total resin solids and may also
contain other ingredients including, but not limited to, fillers,
pigments, and modifying resins.
Tint base means a coating to which colorant is added in a paint
store or at the site of application to produce a desired color.
Traffic marking coating means a coating formulated and recommended
for marking and striping streets, highways, or other traffic surfaces
including, but not limited to, curbs, berms, driveways, parking lots,
sidewalks, and airport runways.
Undercoater means a coating formulated and recommended to provide a
smooth surface for subsequent coatings.
United States means the United States of America, including the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands,
[[Page 329]]
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
Varnish means a clear or semi-transparent coating, excluding
lacquers and shellacs, formulated and recommended to provide a durable,
solid, protective film. Varnishes may contain small amounts of pigment
to color a surface, or to control the final sheen or gloss of the
finish.
Volatile organic compound or VOC means any organic compound that
participates in atmospheric photochemical reactions, that is, any
organic compound other than those which the Administrator designates as
having negligible photochemical reactivity. For a list of compounds that
the Administrator has designated as having negligible photochemical
reactivity, also referred to as exempt compounds, refer to 40 CFR
51.100(s).
VOC content means the weight of VOC per volume of coating,
calculated according to the procedures in Sec. 59.406(a) of this
subpart.
Waterproofing sealer and treatment means a coating formulated and
recommended for application to a porous substrate for the primary
purpose of preventing the penetration of water.
Wood preservative means a coating formulated and recommended to
protect exposed wood from decay or insect attack, registered with the
EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. Section 136, et seq.).
Zone marking coating means a coating formulated and recommended for
marking and striping driveways, parking lots, sidewalks, curbs, or
airport runways, and sold or distributed in a container with a volume of
19 liters (5 gallons) or less.
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]
Sec. 59.402 VOC content limits.
(a) Each manufacturer and importer of any architectural coating
subject to this subpart shall ensure that the VOC content of the coating
does not exceed the applicable limit in table 1 of this subpart, except
as provided in Secs. 59.403 and 59.404 of this subpart. Compliance with
the VOC content limits will be determined based on the VOC content, as
expressed in metric units.
(b) Except as provided in paragraph (c) of this section, if anywhere
on the container of any architectural coating, or any label or sticker
affixed to the container, or in any sales, advertising, or technical
literature supplied by a manufacturer or importer or anyone acting on
their behalf, any representation is made that indicates that the coating
meets the definition of more than one of the coating categories listed
in table 1 of this subpart, then the most restrictive VOC content limit
shall apply.
(c) The provision in paragraph (b) of this section does not apply to
the coatings described in paragraphs (c)(1) through (c)(15) of this
section.
(1) High temperature coatings that also meet the definition for
metallic pigmented coatings are subject only to the VOC content limit in
table 1 of this subpart for high temperature coatings.
(2) Lacquer coatings (including lacquer sanding sealers) that are
also recommended for use in other architectural coating applications to
wood, except as stains, are subject only to the VOC content limit in
table 1 of this subpart for lacquers.
(3) Metallic pigmented coatings that also meet the definition for
roof coatings, industrial maintenance coatings, or primers are subject
only to the VOC content limit in table 1 of this subpart for metallic
pigmented coatings.
(4) Shellacs that also meet the definition for any other
architectural coating are subject only to the VOC content limit in table
1 of this subpart for shellacs.
(5) Fire-retardant/resistive coatings that also meet the definition
for any other architectural coating are subject only to the VOC content
limit in table 1 of this subpart for fire-retardant/resistive coatings.
(6) Pretreatment wash primers that also meet the definition for
primers or that meet the definition for industrial maintenance coatings
are subject only to the VOC content limit in table 1 of this subpart for
pretreatment wash primers.
(7) Industrial maintenance coatings that also meet the definition
for primers, sealers, undercoaters, or mastic
[[Page 330]]
texture coatings are subject only to the VOC content limit in table 1 of
this subpart for industrial maintenance coatings.
(8) Varnishes and conversion varnishes that also meet the definition
for floor coatings are subject only to the VOC content limit in table 1
of this subpart for varnishes and conversion varnishes, respectively.
(9) Anti-graffiti coatings, high temperature coatings, impacted
immersion coatings, thermoplastic rubber coatings and mastics, repair
and maintenance thermoplastic coatings, and flow coatings that also meet
the definition for industrial maintenance coatings are subject only to
the VOC content limit in table 1 of this subpart for their respective
categories (i.e., they are not subject to the industrial maintenance
coatings VOC content limit in table 1 of this subpart).
(10) Waterproofing sealers and treatments that also meet the
definition for quick-dry sealers are subject only to the VOC content
limit in table 1 of this subpart for waterproofing sealers and
treatments.
(11) Sanding sealers that also meet the definition for quick-dry
sealers are subject only to the VOC content limit in table 1 of this
subpart for sanding sealers.
(12) Nonferrous ornamental metal lacquers and surface protectants
that also meet the definition for lacquers are subject only to the VOC
content limit in table 1 of this subpart for nonferrous ornamental metal
lacquers and surface protectants.
(13) Quick-dry primers, sealers, and undercoaters that also meet the
definition for primers, sealers, or undercoaters are subject only to the
VOC content limit in table 1 of this subpart for quick-dry primers,
sealers, and undercoaters.
(14) Antenna coatings that also meet the definition for industrial
maintenance coatings or primers are subject only to the VOC content
limit in table 1 of this subpart for antenna coatings.
(15) Bituminous coatings and mastics that also meet the definition
for any other architectural coatings are subject only to the VOC content
limit in table 1 of this subpart for bituminous coatings and mastics.
(16) Zone marking coatings that also meet the definition for traffic
marking coatings are subject only to the VOC content limit in table 1 of
this subpart for zone marking coatings.
(17) Rust preventative coatings that also meet the definition for
primers or undercoaters are subject only to the VOC content limit in
table 1 of this subpart for rust preventative coatings.
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]
Sec. 59.403 Exceedance fees.
(a) Except as provided in Sec. 59.404 of this subpart, each
manufacturer and importer of any architectural coating subject to the
provisions of this subpart may exceed the applicable VOC content limit
in table 1 of this subpart for the coating if the manufacturer or
importer pays an annual exceedance fee. The exceedance fee must be
calculated using the procedures in paragraphs (b) and (c) of this
section.
(b) The exceedance fee paid by a manufacturer or importer, which is
equal to the sum of the applicable exceedance fees for all coatings,
must be calculated using equation 1 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.014
Where:
Annual Exceedance Fee=The total annual exceedance fee for a manufacturer
or importer, in dollars.
Coating Feec=The annual exceedance fee for each coating (c),
for which a fee applies, in dollars.
n=number of coatings to which a fee applies.
[[Page 331]]
(c) The exceedance fee to be paid for each coating must be
determined using equation 2 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.015
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 of
a recycled coating (if applicable), in grams of VOC per liter of
coating, minus the applicable VOC content limit from table 1 of this
subpart (that is, VOC content of the coating minus VOC content limit).
Volume Manufactured or Imported = The volume of the coating manufactured
or imported per year, in liters, including the volume of any water and
exempt compounds and excluding the volume of any colorant added to tint
bases. Any volume for which a tonnage exemption is claimed under
Sec. 59.404 of this subpart is also excluded.
(d) The exceedance fee shall be submitted to EPA by March 1
following the calendar year in which the coatings are manufactured or
imported and shall be sent to the address provided in Sec. 59.409(b).
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at
65 FR 7737, Feb. 16, 2000]
Sec. 59.404 Tonnage exemption.
(a) Each manufacturer and importer of any architectural coating
subject to the provisions of this subpart may designate a limited
quantity of coatings to be exempt from the VOC content limits in table 1
of this subpart and the exceedance fee provisions of Sec. 59.403 of this
subpart, provided all of the requirements in paragraphs (a)(1) through
(a)(4) of this section are met.
(1) The total amount of VOC contained in all the coatings selected
for exemption must be equal to or less than 23 megagrams (25 tons) for
the period of time from September 13, 1999 through December 31, 2000; 18
megagrams (20 tons) in the year 2001; and 9 megagams (10 tons) per year
in the year 2002 and each subsequent year. The amount of VOC contained
in each coating shall be calculated using the procedure in paragraph (b)
of this section. Compliance with the tonnage exemption will be
determined based on the amount of VOC, as expressed in metric units.
(2) The container labeling requirements of Sec. 59.405 of this
subpart.
(3) The recordkeeping requirements of Sec. 59.407(c) of this
subpart.
(4) The reporting requirements of Sec. 59.408(b) and (e) of this
subpart.
(b) Each manufacturer and importer choosing to use the exemption
described in paragraph (a) of this section must use equations 3 and 4 to
calculate the total amount of VOC for each time period the exemption is
elected. The VOC amount shall be determined without colorant that is
added after the tint base is manufactured or imported.
[GRAPHIC] [TIFF OMITTED] TR11SE98.016
Where:
Total VOC = Total megagrams of VOC contained in all coatings being
claimed under the exemption.
VOCc = Megagrams of VOC, for each coating (c) claimed under
the exemption, as computed by equation 4.
n = Number of coatings for which exemption is claimed.
[GRAPHIC] [TIFF OMITTED] TR11SE98.017
[[Page 332]]
Where:
Volume Manufactured or Imported = Volume of the coating manufactured or
imported, in liters, including the volume of any water and exempt
compounds and excluding the volume of any colorant added to tint bases,
for the time period the exemption is claimed.
VOC Amount = Grams of VOC per liter of coating thinned to the
manufacturer's maximum recommendation, including the volume of any water
and exempt compounds.''
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]
Sec. 59.405 Container labeling requirements.
(a) Each manufacturer and importer of any architectural coating
subject to the provisions of this subpart shall provide the information
listed in paragraphs (a)(1) through (a)(3) of this section on the
coating container in which the coating is sold or distributed.
(1) The date the coating was manufactured, or a date code
representing the date shall be indicated on the label, lid, or bottom of
the container.
(2) A statement of the manufacturer's recommendation regarding
thinning of the coating shall be indicated on the label or lid of the
container. This requirement does not apply to the thinning of
architectural coatings with water. If thinning of the coating prior to
use is not necessary, the recommendation must specify that the coating
is to be applied without thinning.
(3) The VOC content of the coating as described in paragraph
(a)(3)(i) or (a)(3)(ii) of this section shall be indicated on the label
or lid of the container.
(i) The VOC content of the coating, displayed in units of grams of
VOC per liter of coating or in units of pounds of VOC per gallon of
coating; or
(ii) The VOC content limit in table 1 of this subpart with which the
coating is required to comply and does comply, displayed in units of
grams of VOC per liter of coating or in units of pounds of VOC per
gallon of coating.
(b) In addition to the information specified in paragraph (a) of
this section, each manufacturer and importer of any industrial
maintenance coating subject to the provisions of this subpart shall
display on the label or lid of the container in which the coating is
sold or distributed one or more of the descriptions 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):'' (Include each condition in paragraphs (b)(4)(i) through
(b)(4)(v) of this section that applies to the coating.)
(i) Immersion in water, wastewater, or chemical solutions (aqueous
and nonaqueous solutions), or chronic exposure of interior surfaces to
moisture condensation;
(ii) Acute or chronic exposure to corrosive, caustic, or acidic
agents, or to chemicals, chemical fumes, or chemical mixtures or
solutions;
(iii) Repeated exposure to temperatures above 120 deg. C (250 deg.
F);
(iv) Repeated (frequent) heavy abrasion, including mechanical wear
and repeated (frequent) scrubbing with industrial solvents, cleansers,
or scouring agents; or
(v) Exterior exposure of metal structures and structural components.
(c) In addition to the information specified in paragraph (a) of
this section, each manufacturer and importer of any recycled coating who
calculates the VOC content using equations 7 and 8 in Sec. 59.406(a)(3)
of this subpart shall include the following statement indicating the
post-consumer coating content on the label or lid of the container in
which the coating is sold or distributed: ``CONTAINS NOT LESS THAN X
PERCENT BY VOLUME POST-CONSUMER COATING,'' where ``X'' is replaced by
the percent by volume of post-consumer architectural coating.
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]
Sec. 59.406 Compliance provisions.
(a) For the purpose of determining compliance with the VOC content
limits in table 1 of this subpart, each manufacturer and importer shall
determine the VOC content of a coating using the procedures described in
paragraph
[[Page 333]]
(a)(1), (a)(2), or (a)(3) of this section, as appropriate. The VOC
content of a tint base shall be determined without colorant that is
added after the tint base is manufactured or imported.
(1) With the exception of low solids stains and low solids wood
preservatives, determine the VOC content in grams of VOC per liter of
coating thinned to the manufacturer's maximum recommendation, excluding
the volume of any water and exempt compounds. Calculate the VOC content
using equation 5 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.018
Where:
VOC content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters
(2) For low solids stains and low solids wood preservatives,
determine the VOC content in units of grams of VOC per liter of coating
thinned to the manufacturer's maximum recommendation, including the
volume of any water and exempt compounds. Calculate the VOC content
using equation 6 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.019
Where:
VOC content 1s = the VOC content of a low solids coating in
grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
(3) For recycled coatings, the manufacturer or importer has the
option of calculating an adjusted VOC content to account for the post-
consumer coating content. If this option is used, the manufacturer or
importer shall determine the adjusted VOC content using equations 7 and
8 as follows:
Where:
[GRAPHIC] [TIFF OMITTED] TR11SE98.020
Adjusted VOC content = The VOC content assigned to the recycled coating
for purposes of complying with the VOC content limits in table 1 of this
subpart.
Actual VOC content = The VOC content of the coating as determined using
equation 5 in paragraph (a)(1) of this section.
Percent Post-consumer Coating = The volume percent of a recycled coating
that is post-consumer coating materials (as determined in equation 8)
[GRAPHIC] [TIFF OMITTED] TR11SE98.021
Where:
Percent Post-consumer Coating = The volume percent of a recycled coating
that is post-consumer coating materials.
Volume of Post-consumer Coating = The volume, in liters, of post-
consumer coating materials used in the production of a recycled coating.
[[Page 334]]
Volume of Virgin Materials = The volume, in liters, of virgin coating
materials used in the production of a recycled coating.
(b) To determine the composition of a coating in order to perform
the calculations in paragraph (a) of this section, the reference method
for VOC content is Method 24 of appendix A of 40 CFR part 60, except as
provided in paragraphs (c) and (d) of this section. To determine the VOC
content of a coating, the manufacturer or importer may use Method 24 of
appendix A of 40 CFR part 60, an alternative method as provided in
paragraph (c) of this section, formulation data, or any other reasonable
means for predicting that the coating has been formulated as intended
(e.g., quality assurance checks, recordkeeping). However, if there are
any inconsistencies between the results of a Method 24 test and any
other means for determining VOC content, the Method 24 test results will
govern, except as provided in paragraph (c) of this section. The
Administrator may require the manufacturer or importer to conduct a
Method 24 analysis.
(c) The Administrator may approve, on a case-by-case basis, a
manufacturer's or importer's use of an alternative method in lieu of
Method 24 for determining the VOC content of coatings if the alternative
method is demonstrated to the Administrator's satisfaction to provide
results that are acceptable for purposes of determining compliance with
this subpart.
(d) Analysis of methacrylate multicomponent coatings used as traffic
marking coatings shall be conducted according to the procedures
specified in appendix A to this subpart. Appendix A to this subpart is a
modification of Method 24 of appendix A of 40 CFR part 60. The
modification of Method 24 provided in appendix A to this subpart has not
been approved for methacrylate multicomponent coatings used for other
purposes than as traffic marking coatings or for other classes of
multicomponent coatings.
(e) The Administrator may determine a manufacturer's or importer's
compliance with the provisions of this subpart based on information
required by this subpart (including the records and reports required by
Secs. 59.407 and 59.408 of this subpart) or any other information
available to the Administrator.
Sec. 59.407 Recordkeeping requirements.
(a) Each manufacturer and importer using the provisions of
Sec. 59.406(a)(3) of this subpart to determine the VOC content of a
recycled coating shall maintain in written or electronic form records of
the information specified in paragraphs (a)(1) through (a)(6) of this
section for a period of 3 years.
(1) The minimum volume percent post-consumer coating content for
each recycled coating.
(2) The volume of post-consumer coating received for recycling.
(3) The volume of post-consumer coating 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 7 in Sec. 59.406(a)(3) of this subpart for each recycled
coating.
(b) Each manufacturer and importer using the exceedance fee
provisions in Sec. 59.403 of this subpart, as an alternative to
achieving the VOC content limits in table 1 of this subpart, shall
maintain in written or electronic form the records specified in
paragraphs (b)(1) through (b)(7) of this section for a period of 3
years.
(1) A list of the coatings and the associated coating categories in
table 1 of this subpart for which the exceedance fee is used.
(2) Calculations of the annual fee for each coating and the total
annual fee for all coatings using the procedure in Sec. 59.403 (b) and
(c) of this subpart.
(3) The VOC content of each coating in grams of VOC per liter of
coating.
(4) The excess VOC content of each coating in grams of VOC per liter
of coating.
(5) The total volume of each coating manufactured or imported per
calendar year, in liters, including the volume of any water and exempt
compounds and excluding the volume of any colorant added to tint bases.
(6) The annual fee for each coating.
(7) The total annual fee for all coatings.
(c) Each manufacturer and importer claiming the tonnage exemption in
[[Page 335]]
Sec. 59.404 of this subpart shall maintain in written or electronic form
the records specified in paragraphs (c)(1) through (c)(4) of this
section for a period of 3 years.
(1) A list of all coatings and associated coating categories in
table 1 of this subpart for which the exemption is claimed.
(2) The VOC amount as used in equation 4.
(3) The volume manufactured or imported, in liters, for each coating
for which the exemption is claimed for the time period the exemption is
claimed.
(4) The total megagrams of VOC contained in each coating for which
the exemption is claimed, and for all coatings combined for which the
exemption is claimed, for the time period the exemption is claimed, as
calculated in Sec. 59.404(b) of this subpart.
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]
Sec. 59.408 Reporting requirements.
(a) Each manufacturer and importer of any architectural coating
subject to the provisions of this subpart shall submit reports and
exceedance fees specified in this section to the appropriate address as
listed in Sec. 59.409 of this subpart.
(b) Each manufacturer and importer of any architectural coating
subject to the provisions of this subpart shall submit an initial
notification report no later than the applicable compliance date
specified in Sec. 59.400, or within 180 days after the date that the
first architectural coating is manufactured or imported, whichever is
later. The initial report must include the information in paragraphs
(b)(1) through (b)(3) of this section.
(1) The name and mailing address of the manufacturer or importer.
(2) The street address of each one of the manufacturer's or
importer's facilities in the United States that is producing, packaging,
or repackaging any architectural coating subject to the provisions of
this subpart.
(3) A list of the categories from table 1 of this subpart for which
the manufacturer's or importer's coatings meet the definitions in
Sec. 59.401 of this subpart.
(4) If a date code is used on a coating container to represent the
date a coating was manufactured, as allowed in Sec. 59.405(a)(1) of this
subpart, the manufacturer or importer of the coating shall include an
explanation of each date code in the initial notification report and
shall submit an explanation of any new date code no later than 30 days
after the new date code is first used on the container for a coating.
(c) Each manufacturer and importer of a recycled coating that
chooses to determine the adjusted VOC content according to the
provisions of Sec. 59.406(a)(3) to demonstrate compliance with the
applicable VOC content limit in table 1 of this subpart shall submit a
report containing the information in paragraphs (c)(1) through (c)(5) of
this section. The report must be submitted for each coating for which
the adjusted VOC content is used to demonstrate compliance. This report
must be submitted by March 1 of the year following any calendar year in
which the adjusted VOC content provision is used.
(1) The minimum volume percent post-consumer coating content for
each recycled coating.
(2) The volume of post-consumer coating received for recycling.
(3) The volume of post-consumer coating received that was unusable.
(4) The volume of virgin materials used.
(5) The volume of the final recycled coating manufactured or
imported.
(d) Each manufacturer and importer that uses the exceedance fee
provisions of Sec. 59.403 of this subpart shall report the information
in paragraphs (d)(1) through (d)(7) of this section for each coating for
which the exceedance fee provisions are used. This report and the
exceedance fee payment must be submitted by March 1 following the
calendar year in which the coating is manufactured or imported.
(1) Manufacturer's or importer's name and mailing address.
(2) A list of all coatings and the associated coating categories in
table 1 of this subpart for which the exceedance fee provision is being
used.
(3) The VOC content of each coating that exceeds the applicable VOC
content limit in table 1 of this subpart.
[[Page 336]]
(4) The excess VOC content of each coating in grams of VOC per liter
of coating.
(5) The total volume of each coating manufactured or imported per
calendar year, in liters, including the volume of any water and exempt
compounds and excluding the volume of any colorant added to tint bases.
(6) The annual fee for each coating.
(7) The total annual fee for all coatings.
(e) Each manufacturer and importer of architectural coatings for
which a tonnage exemption under Sec. 59.404 of this subpart is claimed
shall submit a report no later than March 1 of the year following the
calendar year in which the exemption was claimed. The report must
include the information in paragraphs (f)(1) through (f)(4) of this
section.
(1) A list of all coatings and the associated coating categories in
table 1 of this subpart for which the exemption was claimed.
(2) The VOC amount as used in equation 4.
(3) The volume manufactured or imported, in liters, for each coating
for which the exemption is claimed for the time period the exemption is
claimed.
(4) The total megagrams of VOC contained in all coatings for which
the exemption was claimed for the time period the exemption was claimed,
as calculated in Sec. 59.404(b) of this subpart.
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]
Sec. 59.409 Addresses of EPA Offices.
(a) Except for exceedance fee payments, each manufacturer and
importer of any architectural coating subject to the provisions of this
subpart shall submit all requests, reports, submittals, and other
communications to the Administrator pursuant to this regulation to the
Regional Office of the U.S. Environmental Protection Agency that serves
the State or Territory in which the corporate headquarters of the
manufacturer or importer resides. These areas are indicated in the
following list of EPA Regional Offices:
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Office of Environmental Stewardship,
Mailcode: SAA, One Congress Street, Boston, MA 02114-2023.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Division of Enforcement and Compliance Assistance, 290
Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Director, Air Protection Division, 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 Division, 61 Forsyth Street, Atlanta, GA 30303.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas),
Director, Multimedia Planning and Permitting Division, 1445 Ross Avenue,
Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA,
and Toxics Division, 901 North 5th Street, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), Director, Office of Partnerships and Regulatory Assistance,
999 18th Street, Suite 500, Denver, Colorado 80202-2466.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air Division, 75 Hawthorne Street, San Francisco, CA
94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Office of
Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.
(b) Each manufacturer and importer who uses the exceedance fee
provisions of Sec. 59.403 shall submit the exceedance fee payment
required by Sec. 59.408(d) to the following address: Environmental
Protection Agency, AIM Exceedance Fees, Post Office Box 371293M,
Pittsburgh, PA 15251. This address is for the fee payment only; the
exceedance fee report required by Sec. 59.408(d) is to be submitted to
the appropriate EPA Regional Office listed in paragraph (a) of this
section. The exceedance fee payment in the form of a check or money
order must be made payable to ``U.S. Environmental Protection Agency''
or ``US EPA.''
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at
65 FR 7737, Feb. 16, 2000]
[[Page 337]]
Sec. 59.410 State authority.
The provisions of this subpart must not be construed in any manner
to preclude any State or political subdivision thereof from:
(a) Adopting and enforcing any emissions standard or limitation
applicable to a manufacturer or importer of architectural coatings; or
(b) Requiring the manufacturer or importer of architectural coatings
to obtain permits, licenses, or approvals prior to initiating
construction, modification, or operation of a facility for manufacturing
an architectural coating.
Sec. 59.411 Circumvention.
Each manufacturer and importer of any architectural coating subject
to the provisions of this subpart must not alter, destroy, or falsify
any record or report, to conceal what would otherwise be noncompliance
with this subpart. Such concealment includes, but is not limited to,
refusing to provide the Administrator access to all required records and
date-coding information, altering the VOC content of a coating batch, or
altering the results of any required tests to determine VOC content.
Sec. 59.412 Incorporations by reference.
(a) The materials listed in this section are incorporated by
reference in the paragraphs noted in Sec. 59.401. These incorporations
by reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice of
any changes in these materials will be published in the Federal
Register. The materials are available for purchase at the corresponding
addresses noted below, and all are available for inspection at the
Office of the Federal Register, 800 North Capitol Street, NW, Suite 700,
Washington, DC; at the Air and Radiation Docket and Information Center,
U.S. EPA, 401 M St., SW., Washington, DC 20460; and at the EPA Library
(MD-35), U.S. EPA, Research Triangle Park, North Carolina.
(b) The materials listed below are available for purchase at the
following address: American Society for Testing and Materials (ASTM),
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(1) ASTM Method C 1315-95, Standard Specification for Liquid
Membrane-Forming Compounds Having Special Properties for Curing and
Sealing Concrete, incorporation by reference approved for Sec. 59.401,
Concrete curing and sealing compound.
(2) ASTM Method D 523-89, Standard Test Method for Specular Gloss,
incorporation by reference approved for Sec. 59.401, Flat coating and
Nonflat coating.
(3) ASTM Method D 1640-83 (Reapproved 1989), Standard Test Methods
for Drying, Curing, or Film Formation of Organic Coatings at Room
Temperature, incorporation by reference approved for Sec. 59.401, Quick-
dry enamel and Quick-dry primer, sealer, and undercoater.
(4) ASTM Method D 3912-80 (Reapproved 1989), Standard Test Method
for Chemical Resistance of Coatings Used in Light-Water Nuclear Power
Plants, incorporation by reference approved for Sec. 59.401, Nuclear
coating.
(5) ASTM Method D 4082-89, Standard Test Method for Effects of Gamma
Radiation on Coatings for Use in Light-Water Nuclear Power Plants,
incorporation by reference approved for Sec. 59.401, Nuclear coating.
(c) The following material is available from the AAMA, 1827 Walden
Office Square, Suite 104, Schaumburg, IL 60173.
(1) AAMA 605-98, Voluntary Specification Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum Extrusions
and Panels, incorporation by reference approved for Sec. 59.401, Extreme
high durability coating.
(2) [Reserved]
Sec. 59.413 Availability of information and confidentiality.
(a) Availability of information. The availability to the public of
information provided to or otherwise obtained by the Administrator under
this part shall be governed by part 2 of this chapter.
(b) Confidentiality. All confidential business information entitled
to protection under section 114(c) of the Act that must be submitted or
maintained by each manufacturer or importer of
[[Page 338]]
architectural coatings pursuant to this section shall be treated in
accordance with 40 CFR part 2, subpart B.
Appendix A to Subpart D of Part 59--Determination of Volatile Matter
Content of Methacrylate Multicomponent Coatings Used as Traffic Marking
Coatings
1.0 Principle and Applicability
1.1 Applicability. This modification to Method 24 of appendix A of
40 CFR part 60 applies to the determination of volatile matter content
of methacrylate multicomponent coatings used as traffic marking
coatings.
1.2 Principle. A known amount of methacrylate multicomponent
coating is dispersed in a weighing dish using a stirring device before
the volatile matter is removed by heating in an oven.
2.0 Procedure
2.1 Prepare about 100 milliliters (mL) of sample by mixing the
components in a storage container, such as a glass jar with a screw top
or a metal can with a cap. The storage container should be just large
enough to hold the mixture. Combine the components (by weight or volume)
in the ratio recommended by the manufacturer. Tightly close the
container between additions and during mixing to prevent loss of
volatile materials. Most manufacturers' mixing instructions are by
volume. Because of possible error caused by expansion of the liquid when
measuring the volume, it is recommended that the components be combined
by weight. When weight is used to combine the components and the
manufacturer's recommended ratio is by volume, the density must be
determined by section 3.5 of Method 24 of appendix A of 40 CFR part 60.
2.2 Immediately after mixing, take aliquots from this 100 mL sample
for determination of the total volatile content, water content, and
density. To determine water content, follow section 3.4 of Method 24 of
appendix A of 40 CFR part 60. To determine density, follow section 3.5
of Method 24. To determine total volatile content, use the apparatus and
reagents described in section 3.8.2 of Method 24 and the following
procedures:
2.2.1 Weigh and record the weight of an aluminum foil weighing dish
and a metal paper clip. Using a syringe as specified in section 3.8.2.1
of Method 24, weigh to 1 milligrams (mg), by difference, a sample of
coating into the weighing dish. For methacrylate multicomponent coatings
used for traffic marking use 3.0 0.1 g.
2.2.2 Add the specimen and use the metal paper clip to disperse the
specimen over the surface of the weighing dish. If the material forms a
lump that cannot be dispersed, discard the specimen and prepare a new
one. Similarly, prepare a duplicate. The sample shall stand for a
minimum of 1 hour, but no more than 24 hours before being oven dried at
110 5 degrees Celsius for 1 hour.
2.2.3 Heat the aluminum foil dishes containing the dispersed
specimens in the forced draft oven for 60 minutes at 110 5
degrees Celsius. Caution--provide adequate ventilation, consistent with
accepted laboratory practice, to prevent solvent vapors from
accumulating to a dangerous level.
2.2.4 Remove the dishes from the oven, place immediately in a
desiccator, cool to ambient temperature, and weigh to within 1 mg. After
weighing, break up the film of the coating using the metal paper clip.
Weigh dish to within 1 mg. Return to forced draft oven for an additional
60 minutes at 110 5 degrees Celsius.
2.2.5 Remove the dishes from the oven, place immediately in a
desiccator, cool to ambient temperature, and weigh to within 1 mg.
2.2.6 Run analyses in pairs (duplicate sets for each coating
mixture until the criterion in section 4.3 of Method 24 of appendix A of
40 CFR part 60 is met. Calculate the weight of volatile matter for each
heating period following Equation 24-2 of Method 24 and record the
arithmetic average. Add the arithmetic average for the two heating
periods to obtain the weight fraction of the volatile matter.
3.0 Data Validation Procedure
3.1 Follow the procedures in Section 4 of Method 24 of appendix A
to 40 CFR part 60.
3.2 If more than 10 percent of the sample is lost when the sample
is being broken up in 2.2.4, the sample is invalid.
4.0 Calculations
Follow the calculation procedures in Section 5 of Method 24 of
appendix A of 40 CFR part 60.
Table 1 To Subpart D of Part 59--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.]
------------------------------------------------------------------------
Grams VOC per Pounds VOC per
Coating category liter gallon a
------------------------------------------------------------------------
Antenna coatings........................ 530 4.4
[[Page 339]]
Anti-fouling coatings................... 450 3.8
Anti-graffiti coatings.................. 600 5.0
Bituminous coatings and mastics......... 500 4.2
Bond breakers........................... 600 5.0
Calcimine recoater...................... 475 4.0
Chalkboard resurfacers.................. 450 3.8
Concrete curing compounds............... 350 2.9
Concrete curing and sealing compounds... 700 5.8
Concrete protective coatings............ 400 3.3
Concrete surface retarders.............. 780 6.5
Conversion varnish...................... 725 6.0
Dry fog coatings........................ 400 3.3
Extreme high durability coatings........ 800 6.7
Faux finishing/glazing.................. 700 5.8
Fire-retardant/resistive coatings:
Clear................................. 850 7.1
Opaque................................ 450 3.8
Flat coatings:
Exterior coatings..................... 250 2.1
Interior coatings..................... 250 2.1
Floor coatings........................ 400 3.3
Flow coatings......................... 650 5.4
Form release compounds................ 450 3.8
Graphic arts coatings (sign paints)... 500 4.2
Heat reactive coatings................ 420 3.5
High temperature coatings............. 650 5.4
Impacted immersion coatings........... 780 6.5
Industrial maintenance coatings....... 450 3.8
Lacquers (including lacquer sanding 680 5.7
sealers).............................
Magnesite cement coatings............. 600 5.0
Mastic texture coatings............... 300 2.5
Metallic pigmented coatings........... 500 4.2
Multi-colored coatings................ 580 4.8
Nonferrous ornamental metal lacquers 870 7.3
and surface protectants..............
Nonflat coatings:
Exterior coatings..................... 380 3.2
Interior coatings..................... 380 3.2
Nuclear coatings...................... 450 3.8
Pretreatment wash primers............. 780 6.5
Primers and undercoaters.............. 350 2.9
Quick-dry coatings:
Enamels............................... 450 3.8
Primers, sealers, and undercoaters.... 450 3.8
Repair and maintenance thermoplastic 650 5.4
coatings.............................
Roof coatings......................... 250 2.1
Rust preventative coatings............ 400 3.3
Sanding sealers (other than lacquer 550 4.6
sanding sealers).....................
Sealers (including interior clear wood 400 3.3
sealers).............................
Shellacs:
Clear................................. 730 6.1
Opaque................................ 550 4.6
Stains:
Clear and semitransparent............. 550 4.6
Opaque................................ 350 2.9
Low solids............................ b 120 b 1.0
Stain controllers..................... 720 6.0
Swimming pool coatings................ 600 5.0
Thermoplastic rubber coatings and 550 4.6
mastics..............................
Traffic marking coatings.............. 150 1.3
Varnishes............................. 450 3.8
Waterproofing sealers and treatments.. 600 5.0
Wood preservatives:
Below ground wood preservatives....... 550 4.6
Clear and semitransparent............. 550 4.6
Opaque................................ 350 2.9
Low solids............................ b 120 b 1.0
Zone marking coatings................. 450 3.8
------------------------------------------------------------------------
a English units are provided for information only. Compliance will be
determined based on the VOC content limit, as expressed in metric
units.
b Units are grams of VOC per liter (pounds of VOC per gallon) of
coating, including water and exempt compounds, thinned to the maximum
thinning recommended by the manufacturer.
[[Page 340]]
[63 FR 48877, Sept. 11, 1998; 63 FR 55175, Oct. 14, 1998; 63 FR 32103,
June 15, 1999; 64 FR 35002, June 30, 1999]