[Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
[Proposed Rules]
[Pages 46410-46417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[AD-FRL-5604-1]


National Volatile Organic Compound Emission Standards for 
Architectural Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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SUMMARY: The EPA is publishing the proposed regulatory text and 
extending the public comment period for the proposed National Volatile 
Organic Emission Standards for Architectural Coatings. As initially 
published in the Federal Register on June 25, 1996 (61 FR 32729), 
written comments on the proposed rule were to be submitted to the EPA 
on or before August 30, 1996 (a 60-day public comment period). The 
public comment period is being extended and will end on September 30, 
1996.
    Two errors in the proposed rule are being corrected in this notice, 
and the text of the corrected proposed rule is printed herein for the 
convenience of interested parties.
    In addition, this document discusses the definition of ``small 
entity'' used to evaluate impacts under the Regulatory Flexibility Act 
since it is different than the definition used by the Small Business 
Administration (SBA). The EPA requests comments on this alternative 
definition.

DATES: Written comments must be submitted by September 30, 1996.

ADDRESSES: Comments. Comments should be submitted (in duplicate) to: 
Air and Radiation Docket and Information Center (6102), Attention: 
Docket No. A-92-18, U.S. Environmental Protection Agency, 401 M Street, 
SW, Washington, DC 20460. Comments and data may also be submitted 
electronically by sending electronic mail (e-mail) to: a-and-r-
[email protected]. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on diskette in 
WordPerfect 5.1 file format or ASCII file format. All comments and data 
in electronic form must be identified by the docket number A-92-18. No 
Confidential Business Information (CBI) should be submitted through e-
mail.
    Docket. The proposed regulatory text and other materials related to 
this rulemaking, excepting any information claimed as CBI, are 
available for public review. This public record has been established 
for the rulemaking under Docket No. A-92-18 and contains supporting 
information used in developing the proposed rule. The docket, including 
paper versions of electronic comments, is available for public 
inspection and copying between 8:30 a.m. and 5:30 p.m., Monday through 
Friday, at the U.S. Environmental Protection Agency Air and Radiation 
Docket and Information Center (6102), Waterside Mall, Room M1500, 401 M 
Street, SW, Washington, DC 20460; telephone number (202) 260-7548, FAX 
(202) 260-4400. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Ducey, Coatings and Consumer 
Products Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5408.

SUPPLEMENTARY INFORMATION: On June 25, 1996, at 61 FR 32729, the EPA 
published the proposed National Volatile Organic Compound Emission 
Standards for Architectural Coatings and provided a 60-day public 
comment period. Requests have been received to extend the public 
comment period beyond the 60 days originally provided. In consideration 
of these requests, some of which were from small businesses that will 
be affected by the rule, the EPA is extending the comment period by 30 
days (until September 30, 1996), in order to give all interested 
persons the opportunity to comment fully.
    The proposed rule text is included in this notice to enhance its 
availability to commenters. Corrections of two errors in the previous 
version of the rule text are highlighted below.
    The first correction is in the definition of volatile organic 
compound (VOC) content in Section 59.401. Both Equation 1 and Equation 
2 define the term Ws. This term is used to represent ``the weight 
of volatiles, in grams.'' In the previous version of the proposed rule, 
it was incorrectly defined as ``the weight of VOC, in grams.'' The 
EPA's Method 24--Determination of volatile matter content, water 
content, density, volume solids, and weight solids of surface coatings 
details the standard methods used to determine the VOC content of a 
coating, including the volatile content of coatings.
    The second correction is in Section 59.403 which details container 
labeling requirements. The error in the rule text

[[Page 46411]]

was in paragraph (a)(3), which describes the VOC content type of 
information that must be on the label. The incorrect portion of the 
proposed rule text required the label to include a statement of the VOC 
content in the container. This is being corrected to specify that the 
VOC content statement on the label shall refer to the maximum VOC 
content of the coating in the container, displayed in units of grams of 
VOC per liter of coating thinned to the manufacturer's recommendation, 
excluding the volume of any water, exempt compounds, or colorant added 
to tint bases.
    Information on the label about the maximum VOC content of the 
coating may not allow consumers to compare VOC contents of different 
coatings. This is because manufacturers would tend to specify on the 
label that the maximum VOC content of the coating is the applicable 
standard. Use of a maximum VOC content on the label that is well above 
the actual VOC content of the coating would allow a manufacturer to 
account for fluctuations in VOC content of the coating due to batch 
variation, as well as formulation modifications without requiring a 
label change to reflect the actual VOC content adjustment. The EPA 
requests comment on whether consumers would benefit from a VOC labeling 
requirement that more accurately reflects the actual VOC content of the 
coating. For example, the requirement could specify that the VOC 
content of the coating must be within 75 grams of the VOC content on 
the label. Alternatively, the EPA requests comment on the use of a 
label which would specify ``this coating meets all applicable State and 
Federal VOC requirements.''

Request for Comment on Definition of Small Business

    The Regulatory Flexibility Act of 1980 requires special 
consideration of the effect of Federal regulations on small entities. 
Results of the initial regulatory flexibility analysis were summarized 
in Section VII.D of the June 25, 1996 Federal Register notice for the 
architectural coatings proposed rule. Docket No. A-92-18 contains the 
complete initial regulatory flexibility analysis.
    To conduct a regulatory flexibility analysis, small entities may be 
defined using the criteria prescribed in the Regulatory Flexibility Act 
or some other criteria identified by the EPA. The SBA's general size 
standard definitions for Standard Industrial Classification (SIC) codes 
is one way to define small businesses. These size standards are 
presented either by number of employees or by annual receipt levels, 
depending on the SIC code. For SIC 2851, Paint and Allied Products, the 
SBA defines small business as fewer than 500 employees. Because the 
coating manufacturing industry is not labor intensive, a revenue value 
cut-off rather than a number of employees cut-off appears to be a 
better measure to reflect the ability of a manufacturer to devote time 
as well as research and development resources to meet regulation 
requirements. Based on input from stakeholders, the EPA has defined 
small manufacturers as having less than $10 million in annual 
architectural coating sales and less than $50 million in total annual 
sales of all products. Using this alternative definition, between 70 
and 85 percent of the architectural coating industry would be 
classified as small. The EPA requests comment on use of this 
alternative definition to identify small entities under the Regulatory 
Flexibility Act.

List of Subjects in 40 CFR Part 59

    Environmental protection, Air pollution control, Architectural 
coatings, Ozone, Volatile organic compound.

    Dated: August 23, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, it is proposed that 40 CFR 
Part 59 be added consisting of subpart D to read as follows:

PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR 
CONSUMER AND COMMERCIAL PRODUCTS

Subpart D--National Volatile Organic Compound Emission Standards for 
Architectural Coatings
Secs.
59.400  Applicability and designation of source.
59.401  Definitions.
59.402  Standards.
59.403  Container labeling requirements.
59.404  Test methods.
59.405  Recordkeeping requirements.
59.406  Reporting requirements.
59.407  Variances.

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--National Volatile Organic Compound Emission Standards 
for Architectural Coatings


Sec. 59.400  Applicability and designation of source.

    (a) The provisions of this subpart apply to architectural coatings 
manufactured or imported on or after April 1, 1997 for sale or 
distribution in the United States.
    (b) The provisions of this subpart apply to each manufacturer or 
importer of architectural coatings that sells or distributes these 
coatings in the United States.
    (c) The provisions of this subpart do not apply to architectural 
coatings meeting the requirements in paragraphs (c)(1), (c)(2), (c)(3), 
(c)(4), or (c)(5) of this section.
    (1) Coatings that are manufactured exclusively for sale or 
distribution outside the United States.
    (2) Coatings that are manufactured or imported prior to April 1, 
1997.
    (3) Coatings that are sold in nonrefillable aerosol containers.
    (4) Coatings that are collected and redistributed at community-
based paint exchanges.
    (5) Coatings that are sold in containers with a volume of one liter 
or less.


Sec. 59.401  Definitions.

    Administrator means the Administrator of the United States 
Environmental Protection Agency (U.S. EPA) or his or her 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. 136, et seq.) and nontoxic foul-release coatings.
    Anti-graffiti coating means a clear or opaque high performance 
coating specifically labeled as an anti-graffiti coating and 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;

[[Page 46412]]

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.
    Architectural coating importer or importer means a company, group, 
or individual that brings architectural coatings from a location 
outside the United States into the United States for sale or 
distribution within the United States.
    Architectural coating manufacturer or manufacturer means a company, 
group, or individual that produces, packages, or repackages 
architectural coatings for sale or distribution in the United States. A 
company, group, or individual that repackages architectural coatings as 
part of a community-based 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.
    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 Rodenticide Act (7 U.S.C. 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.
    Chalkboard resurfacer means a coating formulated and recommended 
for application to chalkboards to restore a suitable surface for 
writing with chalk.
    Clear coating means a coating that produces a dry film that allows 
light to pass through, so that the substrate may be distinctly seen.
    Clear and semitransparent wood preservative means a coating that is 
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. 136, et seq.), that may change 
the color of the substrate but does not conceal the substrate.
    Coating means a protective, decorative, or functional film applied 
to a surface. Such materials include, but are not limited to, paints, 
topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, 
and temporary protective coatings.
    Coating product means all coatings produced by one manufacturer or 
imported by one importer that have the same formulation and are defined 
within the same architectural coating category listed in Table 1 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 on-site to produce the desired color.
    Community-based paint exchange means a program in which members of 
the general public may drop off and pick up usable post-consumer 
architectural coatings in order to reduce household hazardous waste.
    Concrete curing compound means a coating formulated and recommended 
for application to freshly placed concrete to retard the evaporation of 
water.
    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.
    Container means the individual receptacle that holds the coating 
for storage and distribution.
    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 due to negligible photochemical 
reactivity. The exempt compounds are specified in Sec. 51.100(s) of 
this chapter.
    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 fluoropolymer-
based coating that is formulated and recommended for the protection of 
architectural subsections and that meets the weathering requirements of 
American Architectural Manufacturer's Association specification 605.2 
Section 7.9.
    Fire-retardant/resistive coating means a clear or opaque 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 
American Society for Testing and Materials Method D523, Standard Test 
Method for Specular Gloss.
    Floor coating means a coating that is formulated and recommended 
for application to flooring including, but not limited to, decks, 
porches, and steps and that has a high degree of abrasion resistance.
    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 either on site or in shop 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 to 90 to 98 percent 
sulfuric acid or oleum;
    (2) Continuous or repeated immersion exposure to strong organic 
solvents;

[[Page 46413]]

    (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 260  deg.C (500 
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.
    Importer (See the definition for architectural coating importer.)
    Industrial maintenance coatings mean high performance architectural 
coatings including primers, sealers, undercoaters, and intermediate and 
topcoats formulated for substrates in industrial, commercial, or 
institutional situations that are exposed to one or more of the 
following extreme environmental conditions:
    (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.
    Low solids stain means a stain containing one pound or less of 
solids per gallon (0.12 kilograms per liter) of coating material and 
for which at least half of the volatile component is water.
    Low solids wood preservative means a wood preservative containing 
one pound or less of solids per gallon (0.12 kilograms per liter) of 
coating material and for which at least half of the volatile component 
is water.
    Manufacturer (See the definition for architectural coating 
manufacturer.)
    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.
    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 inches; dry 
film thickness).
    Metallic pigmented coating means a nonbituminous coating containing 
at least 0.4 pounds of metallic pigment per gallon (0.048 kilograms per 
liter) of coating 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 five or greater on a 60-degree meter according 
to American Society for Testing and Materials Method D523, Standard 
Test Method for Specular Gloss.
    Nuclear coating means any protective coating used 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 (American 
Society for Testing and Materials Method D4082), relatively easy to 
decontaminate (American Society for Testing and Materials Method 
D4256), and resistant to various chemicals to which the coatings are 
likely to be exposed (American Society for Testing and Materials Method 
D3912). General protective requirements are outlined by the Department 
of Energy (formerly U.S. Atomic Energy Commission Regulatory Guide 
1.54).
    Opaque coating means a coating producing a dry film that does not 
allow light to pass through, so that the substrate is concealed from 
view.
    Opaque stain means a coating labeled as a stain and formulated and 
recommended to hide the surface but not conceal its texture.
    Opaque wood preservative means a coating formulated and recommended 
to protect wood from decay or insect attack that is not classified as a 
clear, semitransparent, or below-ground wood preservative and that is 
registered with the EPA under the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.).
    Pigmented means containing finely ground insoluble powder dispersed 
to give a characteristic color.
    Post-consumer coating means an architectural coating that has 
previously been purchased or distributed 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 community-based household 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 applied 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 substrates to provide a firm bond between the substrate and 
subsequent coats.
    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 American Society for Testing 
Materials Method D1640, Standard Test Methods for Drying, Curing, or 
Film Formation of Organic Coatings at Room Temperature, sets to touch 
in two hours or less, is tack free in four hours or less, and dries 
hard in eight hours or less by the mechanical test method; and
    (3) Has a dried film gloss of 70 or above on a 60 degree meter.

[[Page 46414]]

    Quick-dry primer, sealer, and undercoater means a primer, sealer, 
or undercoater that is dry to the touch in one-half hour and can be 
recoated in two hours when tested in accordance with American Society 
for Testing and Materials Method D1640, Standard Test Methods for 
Drying, Curing, or Film Formation of Organic Coatings at Room 
Temperature.
    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.
    Repackaging means to transfer an architectural coating from one 
container to another container for sale or distribution in the final 
container.
    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 nonbituminous coating or a nonthermoplastic 
rubber 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.
    Rust preventive coating means a coating formulated and recommended 
for use in preventing the corrosion of ferrous metal surfaces in 
residential situations.
    Sales means the introduction of a coating product into U.S. 
commerce.
    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 sanding sealer shall 
not be considered in this category, but shall be considered to be in 
the lacquer category.
    Sealer means a coating formulated and recommended for application 
to substrates 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 stain means a coating formulated and recommended 
for application to substrates to impart a desired color without 
completely concealing the surface or its natural texture or grain 
pattern.
    Shellac means a clear or pigmented coating formulated with natural 
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.
    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 to produce a 
desired color.
    Traffic marking coating means a coating formulated and recommended 
for marking and striping streets, highways, and other traffic surfaces 
including, but not limited to, curbs, berms, driveways, parking lots, 
and airport runways.
    Undercoater means a coating formulated and recommended to provide a 
smooth surface for subsequent coats.
    Varnish means a clear or semi-transparent coating (excluding 
lacquers and shellacs) formulated 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.
    VOC content. (1) VOC content means the amount of VOC, in grams, in 
one 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 of VOC per liter of material means 
the weight of VOC per volume of material and is calculated by using 
equation 1 unless the coating meets the definition of a ``low solids'' 
stain or wood preservative, in which case, Equation 2 is used.
[GRAPHIC] [TIFF OMITTED] TP03SE96.000

where:

VOC = 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) Equation 2 may be used to calculate the VOC content of the 
coating for low solids stains and wood preservatives:
[GRAPHIC] [TIFF OMITTED] TP03SE96.001

where:

VOCls = 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
    Waterproofing (treatment) sealer means a coating that is applied to 
porous substrates for the primary purpose of preventing the penetration 
of water.


Sec. 59.402  Standards.

    (a) Effective April 1, 1997 and thereafter, manufacturers and 
importers of architectural coatings subject to this subpart shall limit 
the VOC content of each architectural coating manufactured or imported 
to the VOC levels in Table 1, except as provided in Sec. 59.407.

[[Page 46415]]



Table 1.--Architectural Coating Volatile Organic Compound Content Levels
   [Unless otherwise specified, units are 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]                                 
------------------------------------------------------------------------
                                                               Effective
                       Coating category                         April 1,
                                                                  1997  
------------------------------------------------------------------------
Antenna coatings.............................................        530
Anti-fouling coatings........................................        400
Anti-graffiti coatings.......................................        600
Bituminous coatings and mastics..............................        500
Bond breakers................................................        600
Chalkboard resurfacers.......................................        450
Concrete curing compounds....................................        350
Concrete protective coatings.................................        400
Dry fog coatings.............................................        400
Extreme high durability coatings.............................        800
Fire-retardant/resistive coatings:                                      
    Clear....................................................        850
    Opaque...................................................        450
Flat coatings:                                                          
    Exterior.................................................        250
    Interior.................................................        250
Floor coatings...............................................        400
Flow coatings................................................        650
Form release compounds.......................................        450
Graphic arts coatings (sign paints)..........................        500
Heat reactive coatings.......................................        420
High temperature coatings....................................        650
Impacted immersion coatings..................................        780
Industrial maintenance coatings..............................        450
Lacquers (including lacquer sanding sealers).................        680
Magnesite cement coatings....................................        600
Mastic texture coatings......................................        300
Metallic pigmented coatings..................................        500
Multi-colored coatings.......................................        580
Nonferrous ornamental metal lacquers and surface protectants.        870
Nonflat coatings:                                                       
    Exterior.................................................        380
    Interior.................................................        380
Nuclear coatings.............................................        420
Pretreatment wash primers....................................        780
Primers and undercoaters.....................................        350
Quick-dry coatings:                                                     
    Enamels..................................................        450
    Primers, sealers, and undercoaters.......................        450
Repair and maintenance thermoplastic coatings................        650
Roof coatings................................................        250
Rust preventative coatings...................................        400
Sanding sealers (other than lacquer sanding sealers).........        550
Sealers (including interior clear wood sealers)..............        400
Shellacs:                                                               
    Clear....................................................        650
    Opaque...................................................        550
Stains:                                                                 
    Clear and semitransparent................................        550
    Opaque...................................................        350
    Low solids...............................................      a 120
Swimming pool coatings.......................................        600
Thermoplastic rubber coatings and mastics....................        550
Traffic marking coatings.....................................        150
Varnishes....................................................        450
Waterproofing sealers and treatments:                                   
    Clear....................................................        600
    Opaque...................................................        400
Wood preservatives:                                                     
    Below ground wood preservatives..........................        550
    Clear and semitransparent................................        550
    Opaque...................................................        350
    Low solids...............................................      a 120
------------------------------------------------------------------------
a Units are grams of VOC per liter of coating, including water and      
  exempt compounds, thinned to the maximum thinning recommended by the  
  manufacturer.                                                         


[[Page 46416]]


    (b) 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 the coating may be suitable for use in more than one of the 
coating categories listed in Table 1, then the most restrictive VOC 
level shall apply. This requirement does not apply to the 
representation of the following coatings in paragraphs (b)(1) through 
(b)(7).
    (1) High temperature coatings that may also be suitable for use as 
metallic pigmented coatings shall only be subject to the VOC level in 
Table 1 for high temperature coatings.
    (2) Lacquer sanding sealers that may also be suitable for use as 
sanding sealers in conjunction with clear lacquer topcoats shall only 
be subject to the VOC level in Table 1 for lacquer sanding sealers.
    (3) Metallic pigmented coatings that may also be suitable for use 
as roof coatings, industrial maintenance coatings, or primers shall 
only be subject to the VOC level in Table 1 for metallic pigmented 
coatings.
    (4) Shellacs that may also be suitable for use as primers, sealers, 
or undercoaters shall only be subject to the VOC level in Table 1 for 
shellacs.
    (5) Fire-retardant/resistive coatings that may be suitable for use 
as any other architectural coating shall only be subject to the VOC 
level in Table 1 for fire-retardant/resistive coatings.
    (6) Pretreatment wash primers that may be suitable for use as 
primers shall only be subject to the VOC level in Table 1 for 
pretreatment wash primers.
    (7) Industrial maintenance coatings that may also be suitable for 
use as primers shall only be subject to the VOC level in Table 1 for 
industrial maintenance coatings.
    (c) For the purpose of determining compliance with the standards of 
this subpart, the VOC content shall be determined using the procedure 
in Sec. 59.404. With the exception of low solids stains and low solids 
wood preservatives, the VOC content shall be determined 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. For low solids stains and low solids wood 
preservatives, the VOC content shall be determined 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.
    (d) For the purpose of determining compliance with the requirements 
of this subpart, manufacturers or importers of recycled architectural 
coatings may calculate an adjusted VOC content to account for the post-
consumer coating content. The adjusted VOC content shall be determined 
using Equation 3.
[GRAPHIC] [TIFF OMITTED] TP03SE96.002

Where:

Adjusted VOC = The VOC content assigned to the recycled coating for 
purposes of complying with provisions of this section (grams 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.)
Actual VOC = The VOC content of the coating product as determined using 
the procedure in Sec. 59.404.
Percent Post-consumer Coating = The volume percent of the coating 
product that is post-consumer architectural coating as determined in 
paragraph (e) of this section.

    (e) Manufacturers or importers of recycled architectural coatings 
calculating an adjusted VOC as described in Sec. 59.402(d) of this 
section shall determine the post-consumer architectural coating content 
of each recycled coating using Equation 4.
[GRAPHIC] [TIFF OMITTED] TP03SE96.003

Where:

Percent Post-consumer = The volume percent of a recycled coating that 
is post-consumer coating materials.
Volume of Post-consumer Coating = The volume of post-consumer coating 
materials per gallon used in the production of a recycled coating.
Volume of Virgin Materials = The volume of virgin coating materials per 
gallon used in the production of a recycled coating.


Sec. 59.403  Container labeling requirements.

    (a) Manufacturers and importers subject to the provisions of this 
subpart shall include the information listed in paragraphs (a)(1) 
through (a)(3) of this section on the label or lid of all architectural 
coatings subject to this subpart that are manufactured or imported on 
or after April 1, 1997.
    (1) The date of manufacture of the contents or a code indicating 
the date of manufacture.
    (2) A statement of the manufacturer's recommendation regarding 
thinning of the coating. 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 shall specify 
that the coating is to be applied without thinning.
    (3) The maximum VOC content of the coating in the container, 
including any recommended thinning. With the exception of low solids 
stains and low solids wood preservatives, this VOC content shall be 
displayed in units of 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. For low 
solids stains and low solids wood preservatives, the VOC content shall 
be displayed 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.
    (b) Manufacturers and importers of industrial maintenance coatings 
manufactured or imported on or after April 1, 1997 that are subject to 
the provisions of this subpart shall display on the label or lid of the 
container the phrase ``NOT INTENDED FOR RESIDENTIAL USE.''

[[Page 46417]]

    (c) Manufacturers or importers of recycled coatings complying with 
the requirements of Sec. 59.402(d) shall indicate the post-consumer 
coating content by including the following statement on the container 
label or lid: ``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.


Sec. 59.404  Test methods.

    (a) Except as provided in paragraph (b) of this section, the EPA's 
Reference Method 24 of Appendix A of Part 60 of this chapter shall be 
used to determine compliance with the VOC levels in Table 1 of 
Sec. 59.402. Analysis of waterborne coating VOC content determined by 
Reference Method 24 shall be adjusted as described in Section 4.4 of 
Reference Method 24.
    (b) The Administrator may approve, on a case-by-case basis, 
alternative methods of determining the VOC content of coatings if they 
are demonstrated to the Administrator's satisfaction to provide results 
equivalent to or more accurate than those obtained using Reference 
Method 24.


Sec. 59.405  Recordkeeping requirements.

    (a) Each manufacturer or importer complying with the recycled 
coating provisions in Sec. 59.402(d) shall maintain records in written 
or electronic form of the information specified in paragraphs (a)(1) 
through (a)(6) of this section for a period of three years.
    (1) The minimum percent post-consumer coating content for each 
recycled coating.
    (2) Calculations of the adjusted VOC as determined using Equation 3 
in Sec. 59.402(d) for each recycled coating.
    (3) The volume of coating received for recycling.
    (4) The volume of coating received that was unusable.
    (5) The volume of virgin materials.
    (6) The volume of the final recycled coating manufactured or 
imported.


Sec. 59.406  Reporting requirements.

    (a) All reports in this section shall be submitted to the 
appropriate address as listed in Sec. 60.4 of subpart A of this 
chapter.
    (b) Each manufacturer and importer of coatings subject to the 
provisions of this subpart shall submit an initial report no later than 
April 1, 1997 or within 180 days after the date of the first 
architectural coating manufactured or imported. The initial report 
shall include the information in paragraphs (b)(1) and (b)(2) of this 
section.
    (1) The name and mailing address of the manufacturer or importer.
    (2) A list of the categories from Table 1 in Sec. 59.402 in which 
coating products are manufactured or imported.
    (c) Manufacturers or importers of recycled architectural coatings 
shall report to the Administrator the information in paragraphs (c)(1) 
through (c)(5) of this section for each coating product for which the 
adjusted VOC content, as determined in Sec. 59.402(d) is to be used to 
demonstrate compliance. This report shall be submitted by February 1 of 
the calendar year following the year in which the coating(s) is (are) 
introduced into commerce.
    (1) The volume of coating received for recycling.
    (2) The volume of coating received that was unusable.
    (3) The volume of virgin materials used.
    (4) The minimum post-consumer content of the coatings manufactured 
or imported.
    (5) The volume of the final recycled coating manufactured or 
imported.
    (d) In cases where codes are used to represent the date of 
manufacture, as provided in Sec. 59.403(a)(1), the manufacturer or 
importer shall submit an explanation of each date code to the 
Administrator by April 1, 1997 or within 30 days after becoming subject 
to the requirements of this subpart. This report may be included with 
the initial compliance report. An explanation of any new date codes 
shall be filed with the Administrator no later than 30 days after the 
new data code is first introduced into commerce.


Sec. 59.407  Variances.

    (a) Any manufacturer or importer of architectural coatings subject 
to the provisions of this subpart that 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 paragraphs (a)(1) through (a)(3).
    (1) The specific grounds upon which the variance is sought.
    (2) The proposed date(s) by which compliance with the provisions of 
this subpart will be achieved.
    (3) A compliance report reasonably 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 hold a public hearing to determine whether, under 
what conditions, and to what extent, a variance from the requirements 
in this subpart is necessary and will be permitted. A hearing will be 
initiated 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. Notice of the hearing will also be published in the Federal 
Register and sent to every person who requests such notice, 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 and their testimony 
will be considered.
    (c) The Administrator may grant a variance if the criteria 
specified in paragraphs (c)(1) through (c)(3) are met.
    (1) If there are reasons beyond the reasonable control of the 
applicant that complying with the provisions of this subpart would 
result in economic hardship,
    (2) The public interest in mitigating the extraordinary hardship to 
the applicant by issuing the variance outweighs the public interest in 
avoiding any increased emissions or air contaminants that would result 
from issuing the variance, and
    (3) The compliance report proposed by the applicant can reasonably 
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. Any variance 
order will contain a condition that specifies increments of progress 
necessary to assure timely compliance.
    (e) A variance shall cease to be effective upon failure of the 
party to whom the variance was granted 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 from 
requirements of this subpart after holding a public hearing in 
accordance with the provisions of paragraph (b) of this section.

[FR Doc. 96-22266 Filed 8-30-96; 8:45 am]
BILLING CODE 6560-50-P