40 CFR Part 59 — National Volatile Organic Compound Emission Standards for Consumer and Commercial Products

PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS Authority: 42 U.S.C. 7414 and 7511b(e). Source: 64 FR 48815, Sept. 11, 1998, unless otherwise noted. Subpart A—General Source: 71 FR 58753, Oct. 5, 2006, unless otherwise noted. § 59.1 Final determinations under Section 183(e)(3)(C) of the CAA. This section identifies the consumer and commercial product categories for which EPA has determined that CTGs will be substantially as effective as regulations in reducing VOC emissions in ozone nonattainment areas: (a) Wood furniture coatings; (b) Aerospace coatings; (c) Shipbuilding and repair coatings; (d) Lithographic printing materials; (e) Letterpress printing materials; (f) Flexible packaging printing materials; (g) Flat wood paneling coatings; (h) Industrial cleaning solvents; (i) Paper, film, and foil coatings; (j) Metal furniture coatings; (k) Large appliance coatings; (l) Miscellaneous metal products coatings; (m) Plastic parts coatings; (n) Auto and light-duty truck assembly coatings; (o) Fiberglass boat manufacturing materials; and (p) Miscellaneous industrial adhesives. [73 FR 58491, Oct. 7, 2008] Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings § 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. § 59.101 Definitions. Adhesion promoter Administrator Automobile Automobile refinish coating component Automobile refinish coating or coating component importer, or importer, Automobile refinish coating or coating component manufacturer, or manufacturer, Automobile refinishing Container Cut-in, or jambing, clearcoat Elastomeric coating Exempt compounds Hardener Impact-resistant coating Label Lacquer Low-gloss coating Mixing instructions Mobile equipment Multi-colored topcoat Pretreatment wash primer Primer Primer-sealer Primer-surfacer Reducer Underbody coating Single-stage topcoat Specialty coatings Thinner Three-stage topcoat Topcoat Touch-up coating Two-stage topcoat Uniform finish blender United States Volatile organic compounds VOC VOC content Water hold-out coating Weld-through primer § 59.102 Standards. (a) Except as provided in § 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 § 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. § 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. § 59.104 Compliance provisions. (a) For the purpose of determining compliance with the VOC content limits in § 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 mixing instructions, excluding the volume of any water or exempt compounds. VOC content shall be calculated using the following equation: Where: VOC content = grams of VOC per liter of coating; W v W w W ec V = volume of coating, in liters; V w V ec (2) The VOC content of a multi-stage topcoat shall be calculated using the following equation: Where: VOC multi VOC bc VOC mci VOC cc 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 § 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 § 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 § 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 § 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 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] § 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 § 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. § 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 (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 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. § 59.107 Addresses of EPA Regional Offices. All requests, reports, submittals, and other communications to the Administrator pursuant to this subpart 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 table. Table 1 to § 59.107 Region Address State I Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. II Director, Division of Enforcement and Compliance Assistance, 290 Broadway, New York, NY 10007-1866 New Jersey, New York, Puerto Rico, Virgin Islands. III Air Protection Division, 1650 Arch Street, Philadelphia, PA 19103 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. IV Director, Air and Radiation Division, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. V Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. VI Director, Enforcement and Compliance Assurance Division, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. VII Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219 Iowa, Kansas, Missouri, Nebraska. VIII Director, Air and Toxics Division, 999 18th Street, 1 Denver Place, Suite 500, Denver, Colorado 80202-2405 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. IX Director, Air Division, 75 Hawthorne Street, San Francisco, CA 94105 Arizona, California, Hawaii and Nevada; the territories of American Samoa and Guam; the Commonwealth of the Northern Mariana Islands; the territories of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Islands; and certain U.S. Government activities in the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. X Director, Air and Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101 Alaska, Oregon, Idaho, Washington. [64 FR 48815, Sept. 11, 1998, as amended at 75 FR 69349, Nov. 12, 2010; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013; 84 FR 34068, July 17, 2019; 84 FR 44229, Aug. 23, 2019; 89 FR 86745, Oct. 31, 2024] § 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. § 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. § 59.110 Incorporations by Reference. (a) The following material is incorporated by reference in the paragraphs noted in § 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 § 59.104(d). (2) ASTM D 523-89, Standard Test Method for Specular Gloss, IBR approved for § 59.104(e). (b) The materials are available for inspection at 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, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. [64 FR 48815, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004] § 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 of Part 59—Volatile Organic Compound (VOC) Content Limits for Automobile Refinish Coatings Coating category Grams VOC per liter Pounds VOC per gallon 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 Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products Source: 63 FR 48831, Sept. 11, 1998, unless otherwise noted. § 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 § 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 § 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 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 §§ 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. § 59.202 Definitions. The terms used in this subpart are defined in the Clean Air Act (Act) or in this section as follows: Administrator Aerosol cooking spray Aerosol product Agricultural use (1) Household use; (2) Use in structural pest control; or (3) Institutional use. Air freshener All other forms Automotive windshield washer fluid Bathroom and tile cleaner Carburetor and choke cleaner Charcoal lighter material (1) Electrical starters and probes; (2) Metallic cylinders using paper tinder; (3) Natural gas; and (4) Propane. Construction and panel adhesive Consumer Consumer product Contact adhesive (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 Crawling bug insecticide Distributor Double-phase aerosol air freshener Dusting aid Engine degreaser Fabric protectant Flea and tick insecticide Flexible flooring material Floor polish or wax Floor seam sealer Flying bug insecticide Fragrance Furniture maintenance product Gel General purpose adhesive General purpose cleaner Glass cleaner Hair mousse Hair styling gel Hairspray High-volatility organic compound or HVOC Household adhesive Household product Household use Importer Industrial use Insecticide (1) For agricultural use; or (2) A restricted use pesticide. Insecticide fogger Institutional product Institutional use Label Laundry prewash Laundry starch product Lawn and garden insecticide Liquid Manufacturer (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 Nonagricultural pesticide Nonresilient flooring Oven cleaner Person Principal display panel(s) Product category Product form Pump spray Representative consumer product Restricted use pesticide Shaving cream Single-phase aerosol air freshener Solid Spray buff product Structural waterproof adhesive Underarm antiperspirant Underarm deodorant United States Usage directions Volatile organic compound or VOC Wasp and hornet insecticide Wax Wood floor wax [63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998] § 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 §§ 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 § 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 § 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 § 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: (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. § 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 § 59.202, that complies with the VOC standards specified in § 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 § 59.203(a). The VOC emissions shall be calculated by using Equation 1. Where E R E NC VOC STD VOC NC (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 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 § 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] § 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 shall be labeled according to the provisions of § 59.203(d)(2). § 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 (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. § 59.207 Test methods. Each manufacturer or importer subject to the provisions of § 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. § 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 § 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 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. (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. (1) Baseline VOC emissions b 2 (2) Emission limit for VOC r 2 (3) Equivalent (4) Ignition (5) Ignition VOC emissions I 2 (6) labeled directions (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 (8) Reference VOC emissions ep 2 (9) Resultant VOC emissions r I e b (10) Start (f) Test structure, equipment specifications, and reference materials. (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 Δ 1 1 Note: (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 (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 Δ (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 KurzΔ 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 KurzΔ digital air velocity meter, DavisΔ DTA 4000 vane anemometer, or equivalent to method 1A of 40 CFR part 60, appendix A. (v) Continuous organic emissions monitor—CenturyΔ Model 128 Organic Vapor Analyzer, RatfischΔ 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). (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—NuproΔ inline filter, Catalog Number SS-4FW-2 with 0.64 centimeter ( 1/4 (xii) Barbecue Grill—The charcoal shall be ignited in a WeberΔ “Go Anywhere” barbecue grill (Model Number #121001), 39.4 centimeters × 24 centimeters × 12.7 centimeters (15.5 inch × 9.5 inch × 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 KingsfordΔ “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. (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—§ 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 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. (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 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. (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. (j) Post-run procedure. (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 § 59.213 of this subpart), or equivalent. (4) Thoroughly clean grill surfaces of all residue before conducting next ignition run. (k) Calculations. (1) Calculate the average stack reference point temperature during sampling (t sr (2) Calculate the average measured velocities (in meters per minute [feet per minute]): Traverse (u t tr sr (3) Calculate the corrected average sampling velocity (u s (4) Calculate the average flow rate (Q s Where A = Duct cross-sectional area, (square meters [square feet] (5) Correct the flow rate to dry standard conditions (Q ds Where T s T S 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 CH 2 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 CO 2 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 (E r Where e i 2 e ep 2 = 0 grams VOC/start (0 pounds VOC/start) for treated or impregnated charcoal E b 2 = 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. (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. (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 NuproΔ 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 § 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] § 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. (1) Records or formulations being manufactured or imported on or after December 10, 1998 for all consumer products subject to § 59.213(a), or December 10, 1999 for all consumer products subject to § 59.203(c) and (2) Accurate records for each batch of production, starting on December 10, 1998 for all consumer products subject to § 59.203(a) or December 10, 1999 for all consumer products subject to § 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 § 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 § 59.203(a). (c) Each manufacturer or importer subject to the provisions of § 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 § 59.208(b) and all information and data specified in § 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 § 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 § 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 (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 § 49.204 shall submit notifications as indicated in § 59.204(d) and (e). § 59.210 Addresses of EPA Regional Offices. All requests, reports, submittals, and other communications to the Administrator pursuant to this subpart 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 table. Table 1 to § 59.210 Region Address State I Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. II Director, Division of Environmental Planning and Protection, 290 Broadway, New York, NY 10007 New Jersey, New York, Puerto Rico, Virgin Islands. III Director, Air, Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. IV Director, Air and Radiation Division, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. V Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. VI Director, Enforcement and Compliance Assurance Division, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, Texas 75270-2102 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. VII Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219 Iowa, Kansas, Missouri, Nebraska. VIII Director, Office of Pollution Prevention, State, and Tribal Assistance, 999 18th Street, Suite 500, Denver, Colorado 80202-2466 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. IX Director, Air Division, 75 Hawthorne Street, San Francisco, CA 94105 Arizona, California, Hawaii and Nevada; the territories of American Samoa and Guam; the Commonwealth of the Northern Mariana Islands; the territories of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Islands; and certain U.S. Government activities in the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. X Director, Office of Air Quality, 1200 Sixth Avenue, Seattle, WA 98101 Alaska, Oregon, Idaho, Washington. [63 FR 48831, Sept. 11, 1998, as amended at 75 FR 69349, Nov. 12, 2010; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013; 84 FR 34068, July 17, 2019; 84 FR 44229, Aug. 23, 2019; 89 FR 86745, Oct. 31, 2024] § 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] § 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. § 59.213 Incorporations by reference. (a) The materials listed in this section are incorporated by reference in the paragraphs noted in § 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. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (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 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 § 59,208(m)(4). (2) ASTM Method E380-82 Metric Practice, IBR approved for § 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 § 59.208(g)(2). [63 FR 48831, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004] § 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 of Part 59—VOC Content Limits by Product Category Product category VOC content 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 Table 2 to Subpart C of Part 59—HVOC 1 Product category Percent HVOC content limit (weight-percent HVOC) Underarm antiperspirants—aerosol 60 Underarm deodorants—aerosol 20 1 Appendix A to Subpart C of Part 59—Figures Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings Source: 63 FR 48877, Sept. 11, 1998, unless otherwise noted. § 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. (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. § 59.401 Definitions. Act et seq., Adhesive Administrator Antenna coating Anti-fouling coating et seq. Anti-graffiti coating Appurtenance Architectural coating Below-ground wood preservative et seq. Bituminous coating and mastic Bond breaker Calcimine recoater Chalkboard resurfacer Clear Coating Colorant Concrete curing compound Concrete curing and sealing compound Concrete protective coating Concrete surface retarder Container Conversion varnish Dry fog coating Exempt compounds Exterior coating Extreme high durability coating Faux-finishing/glazing Fire-retardant/resistive coating Flat coating Floor coating Flow coating Form release compound Graphic arts coating sign paint Heat reactive coating (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 Impacted immersion coating Imported Importer Industrial maintenance coating (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 °C (250 °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 Interior coating Label Lacquer Low solids Magnesite cement coating Manufactured Manufacturer Mastic texture coating Megagram Metallic pigmented coating Multi-colored coating Nonferrous ornamental metal lacquers and surface protectant Nonflat coating Nuclear coating Opaque Paint exchange Person Pigmented Post-consumer coating Pretreatment wash primer Primer Quick-dry enamel (1) Is capable of being applied directly from the container under normal conditions with ambient temperatures between 16 and 27 °C (60 and 80 °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 § 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 1/2 Recycled coating Repackage Repair and maintenance thermoplastic coating Roof coating Rust preventative coating Sanding sealer Sealer Semitransparent Shellac Laciffer lacca Shop application Stain Stain controller Swimming pool coating Thermoplastic rubber coating and mastic Tint base Traffic marking coating Undercoater United States Varnish Volatile organic compound VOC VOC content Waterproofing sealer and treatment Wood preservative et seq. Zone marking coating [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] § 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 §§ 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 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] § 59.403 Exceedance fees. (a) Except as provided in § 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: Where: Annual Exceedance Fee = The total annual exceedance fee for a manufacturer or importer, in dollars. Coating Fee c n = number of coatings to which a fee applies. (c) The exceedance fee to be paid for each coating must be determined using equation 2 as follows: 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 § 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 § 59.409(b). [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 65 FR 7737, Feb. 16, 2000] § 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 § 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 § 59.405 of this subpart. (3) The recordkeeping requirements of § 59.407(c) of this subpart. (4) The reporting requirements of § 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. Where: Total VOC = Total megagrams of VOC contained in all coatings being claimed under the exemption. VOC c n = Number of coatings for which exemption is claimed. 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] § 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 °C (250 °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 § 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] § 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 (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: Where: VOC content = grams of VOC per liter of coating W s W w W ec V m V w V ec (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: Where: VOC content 1s W s W w W ec V m (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: 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) 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. 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 §§ 59.407 and 59.408 of this subpart) or any other information available to the Administrator. § 59.407 Recordkeeping requirements. (a) Each manufacturer and importer using the provisions of § 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 § 59.406(a)(3) of this subpart for each recycled coating. (b) Each manufacturer and importer using the exceedance fee provisions in § 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 § 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 § 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 § 59.404(b) of this subpart. [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] § 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 § 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 § 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 § 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 § 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 § 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 § 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. (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 § 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 § 59.404(b) of this subpart. [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] § 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 subpart 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 table. Table 1 to Paragraph ( a Region Address State I Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. II Director, Division of Enforcement and Compliance Assistance, 290 Broadway, New York, NY 10007-1866 New Jersey, New York, Puerto Rico, Virgin Islands. III Director, Air Protection Division, 1650 Arch Street, Philadelphia, PA 19103 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. IV Director, Air and Radiation Division, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. V Director, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, IL 60604-3507 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. VI Director, Enforcement and Compliance Assurance Division, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, Texas 75270-21022 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. VII Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219 Iowa, Kansas, Missouri, Nebraska. VIII Director, Office of Partnerships and Regulatory Assistance, 999 18th Street, Suite 500, Denver, Colorado 80202-2466 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. IX Director, Air Division, 75 Hawthorne Street, San Francisco, CA 94105 American Samoa, Arizona, California, Guam, Hawaii, Nevada. X Director, Office of Air Quality, 1200 Sixth Avenue, Seattle, WA 98101 Alaska, Oregon, Idaho, Washington. (b) Each manufacturer and importer who uses the exceedance fee provisions of § 59.403 shall submit the exceedance fee payment required by § 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 § 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; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013; 84 FR 34068, July 17, 2019; 84 FR 44229, Aug. 23, 2019; 89 FR 86746, Oct. 31, 2024] § 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. § 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. § 59.412 Incorporations by reference. (a) The materials listed in this section are incorporated by reference in the paragraphs noted in § 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. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (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 § 59.401, Concrete curing and sealing compound. (2) ASTM Method D 523-89, Standard Test Method for Specular Gloss, incorporation by reference approved for § 59.401, Flat coating 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 § 59.401, Quick-dry enamel 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 § 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 § 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 § 59.401, Extreme high durability coating. (2) [Reserved] [63 FR 48877, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004] § 59.413 Availability of information and confidentiality. (a) Availability of information. (b) Confidentiality. 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.] Coating category Grams VOC per liter Pounds VOC per gallon a Antenna coatings 530 4.4 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 sealers) 680 5.7 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 and surface protectants 870 7.3 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 coatings 650 5.4 Roof coatings 250 2.1 Rust preventative coatings 400 3.3 Sanding sealers (other than lacquer sanding sealers) 550 4.6 Sealers (including interior clear wood sealers) 400 3.3 Shellacs: Clear 730 6.1 Opaque 550 4.6 Stains: Clear and semitransparent 550 4.6 Opaque 350 2.9 Low solids b b Stain controllers 720 6.0 Swimming pool coatings 600 5.0 Thermoplastic rubber coatings and mastics 550 4.6 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 b Zone marking coatings 450 3.8 a b [63 FR 48877, Sept. 11, 1998; 63 FR 55175, Oct. 14, 1998; 63 FR 32103, June 15, 1999; 64 FR 35002, June 30, 1999] Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings Source: 73 FR 15621, Mar. 24, 2008, unless otherwise noted. § 59.500 What is the purpose of this subpart? This subpart establishes the product-weighted reactivity (PWR) limits regulated entities must meet in order to comply with the national rule for volatile organic compounds (VOC) emitted from aerosol coatings. This subpart also establishes labeling, recordkeeping, and reporting requirements for regulated entities. § 59.501 Am I subject to this subpart? (a) The regulated entities for an aerosol coating product are the manufacturer or importer of an aerosol coating product and a distributor of an aerosol coating product if it is named on the label or if it specifies the formulation of the product. Distributors include retailers who fall within the definition of “distributor” in § 59.503. (b) Except as provided in paragraph (e) of this section, the responsibilities of each regulated entity are detailed in paragraphs (b)(1) through (b)(4) of this section. (1) If you are a manufacturer or importer, you are a regulated entity responsible for ensuring that all aerosol coatings manufactured or imported by you meet the PWR limits presented in § 59.504, even if your name is not on the label. (2) If you are a distributor named on the label, you are a regulated entity responsible for compliance with all sections of this subpart except for the limits presented in § 59.504. If you are a distributor that has specified formulations to be used by a manufacturer, then you are a regulated entity responsible for compliance with all sections of this subpart. (3) If there is no distributor named on the label, then the manufacturer or importer is a regulated entity responsible for compliance with all sections of this subpart. (4) If you are a manufacturer, importer, or distributor, you can choose to certify that you will provide any or all of the recordkeeping and reporting requirements of §§ 59.510 and 59.511 by following the procedures of § 59.511(g) and (h). (c) Except as provided in paragraph (e) of this section, the provisions of this subpart apply to aerosol coatings manufactured on or after July 1, 2009, for sale or distribution in the United States. Aerosol coatings that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136-136y) (FIFRA). For FIFRA registered aerosol coatings, the provisions of this subpart apply to aerosol coatings manufactured on or after January 1, 2010, for sale or distribution in the United States. (d) You are not a regulated entity under this subpart for the aerosol coatings products that you manufacture (in or outside of the United States) that are exclusively for sale outside the United States. (e) If you meet the definition of small quantity manufacturer for a given year, the products you manufacture in that year are not subject to the PWR limits presented in § 59.504 or the labeling requirements of § 59.507. To qualify for this exemption, small aerosol coating manufacturers must comply with the applicable recordkeeping and reporting requirements in §§ 59.510 and 59.511. (f) If you are a person who manufactures or processes aerosol coatings outside of the United States, you may qualify for the small quantity manufacturer exemption in paragraph (e) of this section if you meet the requirements of paragraphs (f)(1) through (f)(3) of this section. (1) The total VOC by mass included in all aerosol coatings you manufacture, at all facilities, in a given calendar year, in the aggregate, is less than 7,500 kilograms. (2) You comply with the recordkeeping and reporting requirements in §§ 59.510 and 59.511. (3) You commit to and comply with the requirements of paragraphs (f)(3)(i) through (f)(3)(vii) of this section. (i) You must submit an initial notification no later than July 31, 2009, or on or before the date that you start manufacturing aerosol coating products that are sold in the United States, whichever is later. This initial notification must state that you are a foreign manufacturer that is intending to qualify for the small quantity manufacturer exemption in paragraph (e) of this section, provide all of the information specified in § 59.511(b), and provide all the information in paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section. (A) The name, address, telephone number, and e-mail address of an agent located in the United States who will serve as your point of contact for communications with EPA. (B) The address of each of your facilities that is manufacturing aerosol coatings for sale in the United States. (ii) You must notify the Administrator of any changes in the information provided in your initial notification within 30 days following the change. (iii) The agent identified above must maintain a copy of the compliance records specified in § 59.510(b). Those records must be kept by the agent such that the agent will be able to provide the written report which must be submitted upon 60 days notice under § 59.511(d) and able to make those records available for inspection and review under § 59.511(e). (iv) You must give any EPA inspector or auditor full, complete, and immediate access to your facilities and records to conduct inspections and audits of your manufacturing facilities. (v) You must agree that United States substantive and procedural law shall apply to any civil or criminal enforcement action against you under this subpart, and that the forum for any civil or criminal enforcement action under this subpart shall be governed by the CAA, including the EPA administrative forum where allowed under the CAA. (vi) Any person certifying any notification, report, or other communication from you to EPA must state in the certification that United States substantive and procedural law shall apply to any civil or criminal enforcement action against him or her under this subpart, and that the forum for any civil or criminal enforcement action under this section shall be governed by the CAA, including the EPA administrative forum where allowed under the CAA. (vii) All reports and other communications with EPA must be in English. To the extent that you provide any documents as part of any report or other communication with EPA, an English language translation of that document must be provided with the report or communication. [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 15425, Mar. 24, 2008; 73 FR 78996, Dec. 24, 2008; 74 FR 29603, June 23, 2009] § 59.502 When do I have to comply with this subpart? (a) Except as provided in § 59.509 and paragraphs (b) and (c) of this section, you must be in compliance with all provisions of this subpart by January 17, 2027. (b) The Administrator will consider issuance of a special compliance extension that extends the date of compliance until January 1, 2011, to regulated entities that have never manufactured, imported, or distributed aerosol coatings for sale or distribution in California that are in compliance with California's Regulation for Reducing Ozone Formed From Aerosol Coating Product Emissions, Title 17, California Code of Regulations, sections 94520-94528. In order to be considered for an extension of the compliance date, you must submit a special compliance extension application to the EPA Administrator no later than 90 days before the compliance date or within 90 days before the date that you first manufacture aerosol coatings, whichever is later. This application must contain the information in paragraphs (b)(1) through (b)(5) of this section. If a regulated entity remains unable to comply with the limits of this rule by January 1, 2011, the regulated entity may seek a variance in accordance with § 59.509. (1) Company name; (2) A signed certification by a responsible company official that the regulated entity has not at any time manufactured, imported, or distributed for sale or distribution in California any product in any category listed in Table 1 of this subpart that complies with California's Regulation for Reducing Ozone Formed From Aerosol Coating Product Emissions, Title 17, California Code of Regulations, sections 94520-94528; (3) A statement that the regulated entity will, to the extent possible within its reasonable control, take appropriate action to achieve compliance with this subpart by January 1, 2011; (4) A list of the product categories in Table 1 of this subpart that the regulated entity manufactures, imports, or distributes; and, (5) Name, title, address, telephone, e-mail address, and signature of the certifying company official. (c) Except as provided in paragraph (b) of this section, the compliance date for aerosol coatings that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C 136-136y) (FIFRA) is January 1, 2010. (d) Until January 17, 2027, appendix A—table 1, appendix A—table 2A, appendix A—table 2B, appendix A—table 2C and the test methods listed in appendix A table 3 to subpart E of part 59 are applicable to this subpart. Prior to January 17, 2027, regulated entities may elect to use tables 1, 2A, 2B, and 2C. If a regulated entity elects to do so, it shall use the test methods specified in § 59.508 of this subpart. After January 17, 2027, tables 1, 2A, 2B, and 2C, and the test methods specified in § 59.508 of this subpart are applicable. [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008; 90 FR 5704, Jan. 17, 2025; 90 FR 28908, July 2, 2025] § 59.503 What definitions apply to this subpart? The following terms are defined for the purposes of this subpart only. Administrator Aerosol coating product Art fixative or sealant ASTM means Autobody primer Automotive bumper and trim product Aviation or marine primer Aviation propeller coating Clear coating Coating Coating solids Commercial application Corrosion resistant brass, bronze, or copper coating Distributor Electrical/electronic/conformal coating Enamel Engine paint Exact match finish, automotive (1) The product is designed and labeled exclusively to exactly match the color of an original, factory-applied automotive coating during the touch-up of automobile finishes; (2) The product is labeled with the manufacturer's name for which it is formulated; and (3) The product is labeled with one of the following: (i) The original equipment manufacturer's (O.E.M.) color code number; (ii) The color name; or (iii) Other designation identifying the specific O.E.M. color to the purchaser. Notwithstanding the foregoing, automotive clear coatings designed and labeled exclusively for use over automotive exact match finishes to replicate the original factory-applied finish shall be considered to be automotive exact match finishes. Exact match finish, engine enamel coating (1) The product is designed and labeled exclusively to exactly match the color of an original, factory-applied engine paint; (2) The product is labeled with the manufacturer's name for which it is formulated; and (3) The product is labeled with one of the following: (i) The O.E.M. color code number; (ii) The color name; or (iii) Other designation identifying the specific O.E.M. color to the purchaser. Exact match finish, industrial (1) The product is designed and labeled exclusively to exactly match the color of an original, factory-applied industrial coating during the touch-up of manufactured products; (2) The product is labeled with the manufacturer's name for which it is formulated; and (3) The product is labeled with one of the following: (i) O.E.M. color code number; (ii) The color name; or (iii) Other designation identifying the specific O.E.M. color to the purchaser. Extender Flat coating Flatting agent Flexible coating Floral spray Fluorescent coating Formulation data, General coating Glass coating Ground traffic/marking coating High temperature coating Hobby/model/craft coating Importer Impurity (1) For individual compounds that are carcinogens, each compound must be present in an amount less than 0.1 percent by weight; (2) For all other compounds present in a raw material, a compound must be present in an amount less than 1 percent by weight. Ingredient Label Manufacturer (1) Processors who blend and mix aerosol coatings; (2) Contract fillers who develop formulas and package these formulations under a distributor's name; and (3) Contract fillers who manufacture products using formulations provided by a distributor. Marine spar varnish Metallic coating Mold release coating Multi-component kit e.g., Non-flat coating Ozone 3 Person Photographic coating Pigment Plasticizer Pleasure craft Pleasure craft finish primer/surfacer/undercoater Pleasure craft topcoat Polyolefin adhesion promoter Primer Product-Weighted Reactivity (PWR) Limit 3 Propellant Reactivity Factor (RF) Resin Retailer Retail outlet Rust converter Shellac sealer Laccifer lacca Slip-resistant coating Small quantity manufacturer Spatter coating/multicolor coating/stucco coating Specialty coating Stain Two-component coating Uniform finish coating United States Vinyl/fabric/leather/polycarbonate coating Volatile Organic Compound (VOC) Webbing/veiling coating Weight fraction Weld-through primer Wood stain Wood touch-up/repair/restoration Working day [90 FR 5704, Jan. 17, 2025] § 59.504 What limits must I meet? (a) Except as provided in § 59.509, each aerosol coating product you manufacture, distribute or import for sale or use in the United States must meet the PWR limits presented in Table 1 of this subpart. These limits apply to the final aerosol coating, including the propellant. The PWR limits specified in Table 1 of this subpart are also applicable to any aerosol coating product that is assembled by adding bulk coating to aerosol containers of propellant. (b) If a product can be included in both a general coating category and a specialty coating category and the product meets all of the criteria of the specialty coating category, then the specialty coating limit will apply instead of the general coating limit, unless the product is a high temperature coating. High-temperature coatings that contain at least 0.5 percent by weight of an elemental metallic pigment in the formulation, including propellant, are subject to the limit specified for metallic coatings. (c) Except as provided in paragraph (b) of this section, if anywhere on the container of any aerosol coating product subject to the limits in Table 1 of this subpart, or on any sticker or label affixed to such product, or in any sales or advertising literature, the manufacturer, importer or distributor of the product makes any representation that the product may be used as, or is suitable for use as a product for which a lower limit is specified, then the lowest applicable limit will apply. § 59.505 How do I demonstrate compliance with the reactivity limits? (a) To demonstrate compliance with the PWR limits presented in Table 1 of this subpart, you must calculate the PWR for each coating as described in paragraphs (a)(1) through (2) of this section: (1) Calculate the weighted reactivity factor (WRF) for each propellant and coating component using Equation 1: Where: WRF i 3 RF i 3 WF i (2) Calculate the PWR of each product using Equation 2: Where: PWR p 3 WRF 1 3 WRF 2 3 WRF n 3 (b) In calculating the PWR, you must follow the guidelines in paragraphs (b)(1) through (b)(4) of this section. (1) Any ingredient which does not contain carbon is assigned a RF value of 0. (2) Any aerosol coating solid, including but not limited to resins, pigments, fillers, plasticizers, and extenders is assigned a RF of 0. These items do not have to be identified individually in the calculation. (3) All individual compounds present in the coating in an amount equal to or exceeding 0.1 percent will be considered ingredients regardless of whether or not the ingredient is reported to the manufacturer. (4) All individual compounds present in the coating in an amount less than 0.1 percent will be assigned an RF value of 0. (5) Any component that is a VOC but is not listed in Table 2A, 2B, or 2C of this subpart is assigned an RF value as detailed in paragraph (e) of this section. (c) You may use either formulation data (including information for both the liquid and propellant phases), CARB Method 310 (2018) (incorporated by reference, see § 59.515), or EPA's Method 311 (40 CFR part 63, appendix A), to calculate the PWR. However, if there are inconsistencies between the formulation data and the CARB Method 310 (2018) or EPA Method 311 results, the CARB Method 310 (2018) or EPA Method 311 results will govern. (d) If you manufacture a coating containing either an aromatic or aliphatic hydrocarbon solvent mixture, you must use the appropriate RF for that mixture provided in table 2B or 2C to this subpart when calculating the PWR using formulation data. However, when calculating the PWR for a coating containing these mixtures using data from CARB Method 310 (2018) (incorporated by reference, see § 59.515), or EPA Method 311—(40 CFR part 63, appendix A), you must identify the individual compounds that are present in the solvent mixture and use the weight fraction of those individual compounds and their RF from table 2A to this subpart in the calculation. (e) The Reactivity Factor (RF) is assigned according to paragraphs (e)(1) through (4): (1) If a VOC is used in a product and listed in table 2A, 2B, or 2C to this subpart, then the assigned RF shall be used; (2) If a product contains a mixture and/or multiple isomers of a VOC, the highest RF of the mixture or multiple isomers from table 2A to this subpart shall be used; (3) If a VOC is used in a product but not listed in table 2A to this subpart, but more than one isomer or mixtures of isomers of the VOC is listed in table 2A to this subpart, then the highest RF associated with the listed isomers or isomer mixtures shall be used; and (4) If a VOC is used in a product but not listed in table 2A to this subpart, the assigned default RF of 18.50 g O 3 (f) In calculating the PWR value for a coating containing an aromatic hydrocarbon solvent with a boiling range different from the ranges specified in Table 2C of this subpart, you must assign an RF as described in paragraphs (f)(1) and (f)(2) of this section: (1) If the solvent boiling point is lower than or equal to 420 degrees F, then you must use the RF in Table 2C of this subpart specified for bin 23; (2) If the solvent boiling point is higher than 420 degrees F, then you must use the RF specified in Table 2C of this subpart for bin 24. (g) For purposes of compliance with the PWR limits, all compounds listed in Tables 2A, 2B, or 2C that are used in the aerosol coating products must be included in the calculation. This includes compounds that may otherwise be exempted from the definition of VOC in § 59.100(s). (h) Until January 17, 2027, the test methods listed in table 3 of appendix A to subpart E of part 59 are applicable to this subpart. [73 FR 15621, Mar. 24, 2008, as amended at 90 FR 5707, Jan. 17, 2025; 90 FR 28908, July 2, 2025] § 59.506 How do I demonstrate compliance if I manufacture multi-component kits? (a) If you manufacture multi-component kits as defined in § 59.503, then the Kit PWR must not exceed the Total Reactivity Limit. (b) You must calculate the Kit PWR and the Total Reactivity Limit as follows: (1) KIT PWR = (PWR (1) 1 (2) 2 (n) n (2) Total Reactivity Limit = (RL 1 1 2 2 n n (3) Kit PWR ≤Total Reactivity Limit. Where: W = the weight of the product contents (excluding container). RL = the PWR Limit specified in Table 1 of this subpart. Subscript 1 denotes the first component product in the kit. Subscript 2 denotes the second component product in the kit. Subscript n denotes any additional component product. § 59.507 What are the labeling requirements for aerosol coatings? (a) The labels of all aerosol products manufactured on and after the applicable compliance date listed in § 59.502 must contain the information listed in paragraphs (a)(1) through (4) of this section. (1) The aerosol coating category code for the coating, based on the category definitions in § 59.503. This code can be the default category code shown in Table 1 of this subpart or a company-specific code, if that code is explained as required by § 59.511(a); (2) The applicable PWR limit for the product specified in Table 1 of this subpart; (3) The day, month, and year on which the product was manufactured, or a code indicating such date; (4) The name and a contact address for the manufacturer, distributor, or importer that is the regulated entity under this subpart. (b) The label on the product must be displayed in such a manner that it is readily observable without removing or disassembling any portion of the product container or packaging. The information may be displayed on the bottom of the container as long as it is clearly legible without removing any product packaging. § 59.508 What test methods must I use? (a) Except as provided in § 59.505(c), you must use the procedures in CARB Method 310 (2018) (incorporated by reference, see § 59.515) or EPA's Method 311 (40 CFR part 63, appendix A) to determine the speciated ingredients and weight percentage of each ingredient of each aerosol coating product. EPA Method 311 (40 CFR part 63, appendix A) must be used in conjunction with ASTM Method D3063-94 or D3074-94 for analysis of the propellant portion of the coating. Those choosing to use CARB Method 310 (2018) must follow the procedures specified in section 5.0 of that method with the exception of section 5.3.1, which requires the analysis of the VOC content of the coating. For the purposes of this subpart, you are not required to determine the VOC content of the aerosol coating. For both CARB Method 310 (2018) and EPA Method 311 (40 CFR part 63, appendix A), you must have a listing of the VOC ingredients in the coating before conducting the analysis. (b) To determine the metal content of metallic aerosol coating products, you must use SCAQMD Method 318-95 (incorporated by reference, see § 59.515). (c) To determine the specular gloss of flat and non-flat coatings, you must use ASTM Method D523-08 (incorporated by reference, see § 59.515). [90 FR 5707, Jan. 17, 2025] § 59.509 Can I get a 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 (6) of this section. (1) The specific products for which the variance is sought. (2) The specific provisions of the subpart for which the variance is sought. (3) The specific grounds upon which the variance is sought. (4) 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 3 years after the issuance of a variance. (5) A compliance plan detailing the method(s) by which the regulated entity will achieve compliance with the provisions of this subpart. (6) All identification information included in § 59.511(b)(1) and (2). (b) Within 30 days of receipt of the original application and within 30 days of receipt of any supplementary information that is submitted, the Administrator will send a regulated entity written notification of whether the application contains sufficient information to make a determination. If an application is incomplete, the Administrator will specify the information needed to complete the application, and provide the opportunity for the regulated entity to submit written supplementary information or arguments to the Administrator to enable further action on the application. The regulated entity must submit this information to the Administrator within 30 days of being notified that its application is incomplete. (c) Within 60 days of receipt of sufficient information to evaluate the application, the Administrator will send a regulated entity written notification of approval or disapproval of a variance application. This 60-day period will begin after the regulated entity has been sent written notification that its application is complete. (d) The Administrator will issue a variance if the criteria specified in paragraphs (d)(1) and (d)(2) of this section are met to the satisfaction of the Administrator. (1) Complying with the provisions of this subpart would not be technologically or economically feasible. (2) The compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (e) A variance must 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. (f) A variance will cease to be effective upon failure of the party to whom the variance was issued to comply with any term or condition of the variance. (g) Beginning on January 17, 2027, or once the notification/report template for this subpart has been available on the CEDRI website for six months, whichever date is later, submit the request for a variance with the information in paragraphs (a)(1) through (6) following the procedure specified in § 59.511(l). [73 FR 15621, Mar. 24, 2008, as amended at 90 FR 5707, Jan. 17, 2025; 90 FR 28908, July 2, 2025] § 59.510 What records am I required to maintain? (a) If you are the regulated entity identified in § 59.501(a) as being responsible for recordkeeping for a product, and no other person has certified that they will fulfill your recordkeeping responsibilities as provided in § 59.511(g), you must comply with paragraphs (a)(1) through (a)(5) of this section: (1) All records must be maintained on and after the applicable compliance date listed in § 59.502. (2) You are required to maintain records of the following at the location specified in § 59.511(b)(4) for each product subject to the PWR limits in Table 1 of this subpart: The product category, all product calculations, the PWR, and the weight fraction of all ingredients including: Water, total solids, each VOC, and any other compounds assigned a RF of zero as specified in § 59.505. Solids do not have to be listed individually in these records. If an individual VOC is present in an amount less than 0.1 percent by weight, then it does not need to be reported as an ingredient. An impurity that meets the definition provided in § 59.503 does not have to be reported as an ingredient. For each batch of each product subject to the PWR limits, you must maintain records of the date the batch was manufactured, the volume of the batch, the recipe used for formulating the batch, and the number of cans manufactured in each batch and each formulation. (3) You must maintain a copy of each notification and report that you submit to comply with this subpart, the documentation supporting each notification, and a copy of the label for each product. (4) If you claim the exemption under § 59.501(e), you must maintain a copy of the initial report and each annual report that you submit to EPA, and the documentation supporting such report. (5) You must maintain all records required by this subpart for a minimum of 5 years. The records must be in a form suitable and readily available for inspection and review. (b) By providing the written certification to the Administrator in accordance with § 59.511(g), the certifying entity accepts responsibility for compliance with the recordkeeping requirements of this section with respect to any products covered by the written certification, as detailed in the written certification. Failure to maintain the required records may result in enforcement action by EPA against the certifying entity in accordance with the enforcement provisions applicable to violation of these provisions by regulated entities. If the certifying entity revokes its certification, as allowed by § 59.511(h), the regulated entity must assume responsibility for maintaining all records required by this section. [73 FR 15621, Mar. 24, 2008, as amended at 74 FR 29603, June 23, 2009] § 59.511 What notifications and reports must I submit? (a) If you are the regulated entity identified in § 59.501(a) and (b) as being responsible for notifications and reporting for a product, and no other person has certified that they will fulfill your notification and reporting responsibilities as provided in paragraph (g) of this section, you are responsible for all notifications and reports included in this section. If no distributor is named on the label, the manufacturer or importer of the aerosol coating is responsible for all requirements of this section, even if not listed on the label. (b) You must submit an initial notification no later than July 31, 2009, or on or before the date that you first manufacture, distribute, or import aerosol coatings, whichever is later. The initial notification must include the information in paragraphs (b)(1) through (b)(11) of this section. (1) Company name; (2) Name, title, address, telephone number, e-mail address and signature of certifying company official; (3) A list of the product categories from Table 1 of this subpart that you manufacture, import, or distribute; (4) The street address of each of your facilities in the United States that is manufacturing, packaging, or importing aerosol coatings that are subject to the provisions of this subpart, and the street address where compliance records are maintained for each site, if different; (5) A description of date coding systems, clearly explaining how the date of manufacture is marked on each sales unit; (6) An explanation of the product category codes that will be used on all required labels, or a statement that the default category codes in Table 1 of this subpart will be used; (7) For each product category, an explanation of how the manufacturer, distributor, or importer will define a batch for the purpose of the recordkeeping requirements; (8) [Reserved] (9) For each product category, VOC formulation data for each formulation that you anticipate manufacturing, importing, or distributing for calendar year 2009 or for the first year that includes your compliance date, if different than 2009. If a regulated entity can certify that the reporting is being completed by another regulated entity for any product, no second report is required. The formulation data must include the weight fraction (g compound/g product) for each VOC ingredient used in the product in an amount greater than or equal to 0.1 percent. For each VOC ingredient reported, the formulation data must also include the information in either paragraph (b)(9)(i), (ii), or (iii) of this section. (i) For compounds listed in table 2A to this subpart, the chemical name, CAS number, and the applicable reactivity factor; (ii) For the hydrocarbon solvent mixtures listed in either table 2B or 2C to this subpart, the trade name, solvent mixture manufacturer, bin number, and the applicable reactivity factor; or (iii) For compounds not listed in table 2A to this subpart, the chemical name, CAS number, and the default RF in § 59.505(e). (10) For each product formulation, a list of the unique product codes by Universal Product Code (UPC), or other unique identifier; and (11) A statement certifying that all products manufactured by the company that are subject to the limits in Table 1 of this subpart will be in compliance with those limits. (c) If you change any information included in the initial notification required by paragraph (b) of this section, including the list of aerosol categories, contact information, records location, the category or date coding system, you must notify the Administrator of such changes within 30 days following the change. You are not required to notify the Administrator within 30 days of changes to the information provided as required by paragraph (b)(9) of this section. Changes in formulation are to be reported in the triennial reporting required by paragraph (i) of this section. (d) Upon 60 days written notice, you must submit to the Administrator a written report with all the information in paragraphs (d)(1) through (6) of this section for each product you manufacture, distribute, or import under your name or another company's name. (1) The brand name of the product; (2) A copy of the product label; (3) The owner of the trademark or brand names; (4) The product category as defined in § 59.503; (5) For each product, formulation data for each formulation that manufactured, imported, or distributed in the requested time period. The formulation data must include the weight fraction (g compound/g product) for each VOC ingredient used in the product in an amount greater than or equal to 0.1 percent, plus the weight fraction of all other ingredients, including: Water, total solids, and any other compounds assigned an RF of zero. The formulation data must also include the information in either paragraph (d)(5)(i), (ii), or (iii) of this section. (i) For compounds listed in table 2A to this subpart, the chemical name, CAS number, and the applicable reactivity factor; (ii) For the hydrocarbon solvent mixtures listed in either table 2B or 2C to this subpart, the trade name, solvent mixture manufacturer, bin number, and the applicable reactivity factor; or (iii) For compounds not listed in table 2A to this subpart, the chemical name, CAS number, and the default RF in § 59.505(e). (6) All identification information included in paragraphs (b)(1) and (2) of this section. (e) If you claim the exemption under § 59.501(e), you must submit an initial notification no later than July 31, 2009, or on or before the date that you first manufacture aerosol coatings, whichever is later.The initial notification must include the information in paragraphs (e)(1) through (e)(6) of this section. (1) Company name; (2) Name, title, number, address, telephone number, e-mail address, and signature of certifying company official; (3) A list of the product categories from Table 1 of this subpart that you manufacture; (4) The total amount of product you manufacture in each category and the total VOC mass content of such products for the preceding calendar year; (5) The street address of each of your facilities in the United States that is manufacturing aerosol coatings that are subject to the provisions of this subpart and the street address where compliance records are maintained for each site, if different; and (6) A list of the States in which you sell or otherwise distribute the products you manufacture. (f) If you claim the exemption under § 59.501(e), you must file an annual report for each year in which you claim an exemption from the limits of this subpart. Such annual report must be filed by March 1 of the year following the year in which you manufactured the products. The annual report shall include the same information required in paragraphs (e)(1) through (e)(6) of this section. (g) If you are a manufacturer, importer, or distributor who chooses to certify that you will maintain records for a regulated entity for all or part of the purposes of § 59.510 and this section, you must submit a notice to the appropriate EPA Regional Office listed in § 59.512. At the same time that this notice is sent to the appropriate EPA Regional Office, a copy of the notice must be sent to the regulated entity for which you are accepting responsibility for recordkeeping and reporting requirements. After the certifying entity submits this notice to the appropriate EPA Regional Office, both the certifying entity and the regulated entity are liable for any failure to keep records or submit records and for any inaccurate records or reports covered by the notice, and one or both may be subject to an enforcement action in accordance with the enforcement provisions applicable to violation of these provisions. This notice must include the information contained in paragraphs (g)(1) though (g)(5) of this section. (1) Name and address of certifying entity; (2) Name and address(es) of the regulated entity for which you are accepting responsibility; (3) Description of specific requirements in § 59.510 and this section for which you are assuming responsibility and explanation of how all required information under this subpart will be maintained and submitted, as required, by you or the regulated entity; including identification of the products covered by the notice and the location or locations where the records will be maintained; (4) A statement that the certifying entity understands that the failure to fulfill the responsibilities that it is assuming may result in an enforcement action against it in accordance with the enforcement provisions applicable to violation of these provisions by regulated entities; and (5) The signature of the responsible official for the certifying entity. (h) An entity that has provided certification under paragraph (g) of this section (the “certifying entity”) may revoke the written certification by sending a written statement to the appropriate Regional Office listed in § 59.512 and to the regulated entity for which the certifying had accepted responsibility, giving a minimum of 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the requirements outlined in the certification letter. Upon expiration of the notice period, the regulated entity must assume responsibility for all applicable requirements. (i) As a regulated entity in accordance with paragraph (a) of this section, you must provide the information requested in paragraphs (i)(1) through (i)(4) of this section every three years beginning in 2011 for reporting year 2010. The report shall be submitted by March 31 of the year following the reporting year to the appropriate Regional Office listed in § 59.512. The first report is due March 31, 2011, for calendar year 2010. (1) All identification information included in paragraphs (b)(1), (b)(2), and (b)(4) of this section; (2) For each product category, VOC formulation data for each formulation that was manufactured, imported, or distributed in the reporting year. If a regulated entity can certify that the reporting is being completed by another regulated entity for any product, no second report is required. The formulation data must include the weight fraction (g compound/g product) for each VOC ingredient used in the product in an amount greater than or equal to 0.1 percent. For each VOC ingredient reported, the formulation data must include the information in paragraph (i)(2)(i), (ii), or (iii) of this section. (i) For compounds listed in table 2A to this subpart, the chemical name, CAS number, and the applicable reactivity factor; (ii) For the hydrocarbon solvent mixtures listed in either table 2B or 2C to this subpart, the trade name, solvent mixture manufacturer, bin number, and the applicable reactivity factor; or (iii) For compounds not listed in table 2A to this subpart, the chemical name, CAS number, and the default RF in § 59.505(e). (3) For each formulation, the total mass of each individual VOC species present in an amount greater than or equal to 0.1 percent of the formulation, that was manufactured, imported, or distributed in the reporting year; and (4) For each formulation, a list of the individual product codes by UPC or other unique identifier. (j) If a regulated entity identifies a VOC that is needed for an aerosol formulation that is not listed in table 2A to this subpart, it is assigned a default RF of 18.50 g O 3 (k) Beginning on January 17, 2027, or once the notification/report template for this subpart has been available on the CEDRI website for six months, whichever date is later, regulated entities shall submit all notifications, reports, and other information required in paragraphs (b) through (j) of this section following the procedure specified in paragraph (l) of this section. (l) If you are required to submit notifications or reports following the procedure specified in this paragraph (l), you must submit reports to the EPA via CEDRI, which can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ www.epa.gov/electronic-reporting-air-emissions/cedri [email protected] [email protected] (m) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (m)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed, and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (n) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (n)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the regulated entity, its contractors, or any entity controlled by the regulated entity that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008; 74 FR 29604, June 23, 2009; 90 FR 5707, Jan. 17, 2025; 90 FR 28908, July 2, 2025] § 59.512 Addresses of EPA regional offices. (a) All requests (including variance requests), reports, submittals, and other communications to the Administrator pursuant to this regulation shall be submitted to the Regional Office of the EPA through CEDRI which serves the State or territory for the address that is listed on the aerosol coating product in question. These areas are indicated in the following list of EPA Regional Offices: (1) EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont) Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk. (2) 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. (3) EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia), Chief, Air Section, Enforcement & Compliance Assurance Division, Air, RCRA and Toxics Branch, U.S. EPA Region 3, 1650 Arch Street—3ED21, Philadelphia, PA 19103. (4) EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Director, Air and Radiation Division, 61 Forsyth Street SW, Atlanta, GA 30303-3104. (5) EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507. (6) EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), Chief, Air Enforcement Branch, Enforcement and Compliance Assurance Division, Mail Code ECDA, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102. (7) EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219. (8) EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming), Chief, Air and Toxics Enforcement Branch, 1595 Wynkoop Street, Denver, CO 80202-1129. (9) EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada), Chief, Air Division, 75 Hawthorne Street, San Francisco, CA 94105. (10) EPA Region X (Alaska, Oregon, Idaho, Washington), Chief, Air Permits and Toxics Branch, Air and Radiation Division, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101. (b) Beginning on January 17, 2027, or once the notification/report template for this subpart has been available on the CEDRI website for six months, whichever date is later, regulated entities shall submit all notifications, reports, and other information required in § 59.511(b) through (j) following the procedure specified in § 59.511(l). [90 FR 5709, Jan. 17, 2025, as amended at 90 FR 28908, July 2, 2025] § 59.513 State authority. The provisions in this regulation will 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, distributor or importer of aerosol coatings or components in addition to the requirements of this subpart. (b) Requiring the manufacturer, distributor or importer of aerosol coatings or components to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing an aerosol coating or component. § 59.514 Circumvention. Each manufacturer, distributor, and importer of an aerosol 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, misstating the PWR content of a coating or component batch, or altering the results of any required tests to determine the PWR. § 59.515 Incorporations by reference. Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the U.S. Environmental Protection Agency (EPA) and at the National Archives and Records Administration (NARA). Contact the EPA at: EPA Docket Center, Public Reading Room, EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC; phone: (202) 566-1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations [email protected]. (a) ASTM, International (ASTM), 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-2959; phone: (800) 262-1373; website: www.astm.org. (1) ASTM Method D523-08, Standard Test Method for Specular Gloss (June 1, 2008), IBR approved for § 59.508(c). (2) ASTM Method D523-89 (Reapproved 1999), Standard Test Method for Specular Gloss (May 10, 1999), IBR approved for table 3 of appendix A to subpart E of part 59. (b) California Air Resources Board (CARB), 1001 I Street, P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900, www.arb.ca.gov. (1) California Air Resources Board Method 310—Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (May 25, 2018) (CARB Method 310 (2018)), IBR approved for §§ 59.505(c) and 59.508(a). (2) California Air Resources Board Method 310—Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (May 5, 2005) (CARB Method 310 (2005)), IBR approved for table 3 of appendix A to subpart E of part 59. (c) South Coast Air Quality Management District (SCAQMD), 21865 Copley Dr, Diamond Bar, CA 91765, Telephone (909-396-2000), www.aqmd.gov. (1) South Coast Air Quality Management District Test Method 318-95, Determination of Weight Percent Elemental Metal in Coatings by X-ray Diffraction, (July, 1996) (SCAQMD Test Method 318-95), IBR approved for § 59.508(b) and table 3 of appendix A to subpart E of part 59. (2) [Reserved] [90 FR 5709, Jan. 17, 2025] § 59.516 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 Clean Air Act (CAA) that must be submitted or maintained by each regulated entity pursuant to this subpart shall be treated in accordance with 40 CFR part 2, subpart B. (c) Reports and Applications. The content of all reports and applications required to be submitted to the Agency under § 59.511, § 59.509, or § 59.502 are not entitled to protection under Section 114(c) of the CAA. Table 1 to Subpart E of Part 59—Product-Weighted Reactivity Limits by Coating Category Coating category Category code a Reactivity limit 3 Art Fixatives or Sealants AFS 1.75 Auto Body Primers ABP 0.95 Automotive Bumper and Trim Products ABT 1.70 Aviation or Marine Primers AMP 1.25 Aviation Propeller Coatings APC 1.40 Clear Coatings CCP 0.85 Corrosion Resistant Brass, Bronze, or Copper Coatings CRB 1.80 Electrical/Electronic/Conformal Coatings ECC 2.00 Exact Match Finish—Automotive EFA 0.95 Exact Match Finish—Engine Enamel EEE 0.95 Exact Match Finish—Industrial EFI 1.20 Flat Coatings FCP 0.80 Flexible Coatings FCC 1.60 Floral Sprays FSP 0.85 Fluorescent Coatings FLP 1.30 Glass Coatings GCP 1.35 Ground Traffic/Marking GTM 0.85 High Temperature Coatings HTC 1.85 Hobby/Model/Craft Coatings HMC 1.60 Marine Spar Varnishes MSV 0.90 Metallic Coatings MCP 1.25 Mold Release Coating MRC 1.10 Non-Flat Coatings NFP 0.95 Photograph Coatings PHC 0.75 Pleasure Craft Primers, Surfacers or Undercoaters PCS 0.90 Pleasure Craft Topcoats PCT 0.60 Polyolefin Adhesion Promoters PAP 2.50 Primers PCP 0.70 Rust Converter Coating RCC 1.10 Shellac Sealers SSC 1.00 Slip-Resistant Coatings SRC 2.10 Spatter/Multicolor Coatings SMC 1.05 Two Component Coating TWC 1.20 Uniform Finish Coating UFC 1.30 Vinyl/Fabric/Leather/Polycarbonate Coatings VFL 1.45 Webbing/Veiling Coatings WFC 0.75 Weld-Through Primers WTP 1.00 Wood Stains WSP 0.90 Wood Touch-up/Repair or Restoration Coatings WTR 1.45 a [77 FR 14283, Mar. 9, 2012, as amended at 90 FR 5710, Jan. 17, 2025] Table 2A to Subpart E of Part 59—Reactivity Factors Compound CAS No. Reactivity factor 3 Formaldehyde 50-00-0 9.46 Glycerol (1,2,3-Propanetriol) 56-81-5 3.15 Propylene Glycol 57-55-6 2.58 Ethanol 64-17-5 1.53 Formic Acid 64-18-6 0.06 Acetic Acid 64-19-7 0.68 Methanol 67-56-1 0.67 Isopropyl Alcohol (2-Propanol) 67-63-0 0.61 Acetone (Propanone) 67-64-1 0.36 n-Propanol (n-Propyl Alcohol) 71-23-8 2.50 n-Butyl Alcohol (Butanol) 71-36-3 2.88 n-Pentanol (Amyl Alcohol) 71-41-0 2.83 Benzene 71-43-2 0.72 1,1,1-Trichloroethane 71-55-6 0.01 Propane 74-98-6 0.49 Vinyl Chloride 75-01-4 2.83 Acetaldehyde 75-07-0 6.54 Methylene Chloride (Dichloromethane) 75-09-2 0.04 Ethylene Oxide 75-21-8 0.03 Isobutane 75-28-5 1.23 HFC-152A (1,1-Difluoroethane) 75-37-6 0.02 Propylene Oxide 75-56-9 0.29 t-Butyl Alcohol 75-65-0 0.41 Methyl t-Butyl Ketone 75-97-8 0.65 Isophorone (3,5,5-Trimethyl-2-Cyclohexenone) 78-59-1 4.63 Isopentane 78-78-4 1.45 Isobutanol 78-83-1 2.51 2-Butanol (s-butyl alcohol) 78-92-2 1.36 Methyl Ethyl Ketone (2-Butanone) 78-93-3 1.48 Monoisopropanol Amine (1-Amino-2-Propanol) 78-96-6 5.42 Trichloroethylene 79-01-6 0.64 Propionic Acid 79-09-4 1.22 Acrylic Acid 79-10-7 11.38 Methyl Acetate 79-20-9 0.07 Nitroethane 79-24-3 0.06 Methacrylic Acid 79-41-4 18.50 2-Nitropropane 79-46-9 0.11 a-Pinene (Pine Oil) 80-56-8 4.51 Methyl Methacrylate 80-62-6 15.61 Diethyl Phthalate 84-66-2 1.62 Dibutyl Phthalate 84-74-2 1.25 Naphthalene 91-20-3 3.34 2-Ethyl-1,3-hexanediol 94-96-2 2.05 Xylene, ortho- 95-47-6 7.64 o-Cresol 95-48-7 2.40 1,2,4-Trimethylbenzene 95-63-6 8.87 3-Pentanone 96-22-0 1.24 Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxime) 96-29-7 1.58 gamma-Butyrolactone 96-48-0 0.96 Ethyl Lactate 97-64-3 2.48 Isobutyl Isobutyrate 97-85-8 0.60 Isobutyl Methacrylate 97-86-9 8.62 Butyl Methacrylate 97-88-1 8.70 Tert-butyl benzene 98-06-6 1.95 Benzotrifluoride 98-08-8 0.29 PCBTF (p-Trifluoromethyl-Cl-Benzene) 98-56-6 0.13 Cumene (Isopropyl Benzene) 98-82-8 2.52 a-Methyl Styrene 98-83-9 1.53 Ethyl Benzene 100-41-4 3.04 Styrene 100-42-5 1.73 Benzyl Alcohol 100-51-6 5.11 Benzaldehyde 100-52-7 0.00 Triethanolamine 102-71-6 4.21 2-Ethyl-Hexyl Acetate 103-09-3 0.66 2-Ethyl-Hexyl Acrylate 103-11-7 2.52 2-Ethyl-1-Hexanol (Ethyl Hexyl Alcohol) 104-76-7 2.00 Ethyl Propionate 105-37-3 0.77 s-Butyl Acetate 105-46-4 1.32 Diethyl Carbonate 105-58-8 0.71 n-Propyl Propionate 106-36-5 0.84 Xylene, para- 106-42-3 5.84 p-Dichlorobenzene 106-46-7 0.18 Dimethyl Succinate 106-65-0 0.23 1,2-Epoxybutane (Ethyl Oxirane) 106-88-7 0.91 n-Propyl Bromide 106-94-5 0.42 Butane 106-97-8 1.15 1,3-Butadiene 106-99-0 12.61 Ethylene Glycol 107-21-1 3.13 2-Methyl-2,4-Pentanediol 107-41-5 1.45 Hexamethyldisiloxane 107-46-0 0.00 Isohexane Isomers 107-83-5 1.50 Methyl n-Propyl Ketone (2-Pentanone) 107-87-9 2.81 Propylene Glycol Monomethyl Ether (1-Methoxy-2-Propanol) 107-98-2 2.44 n,n-Dimethylethanolamine 108-01-0 5.62 1-Nitropropane 108-03-2 0.22 Vinyl Acetate 108-05-4 3.20 Methyl Isobutyl Ketone 108-10-1 3.88 Isopropyl Acetate 108-21-4 1.07 Propylene Carbonate (4-Methyl-1,3-Dioxolan-2one) 108-32-7 0.28 Xylene, meta- 108-38-3 9.75 Propylene Glycol Monomethyl Ether Acetate (1-Methoxy-2-Propyl Acetate) 108-65-6 1.70 1,3,5-Trimethyl Benzene 108-67-8 11.76 Di-Isobutyl Ketone (2,6-Dimethyl-4-Heptanone) 108-83-8 2.68 Methylcyclohexane 108-87-2 1.70 Toluene 108-88-3 4.00 Monochlorobenzene 108-90-7 0.32 Cyclohexanol 108-93-0 1.95 Cyclohexanone 108-94-1 1.35 n-Butyl Butyrate 109-21-7 1.08 Propyl Acetate 109-60-4 0.78 Pentane 109-66-0 1.31 Ethylene Glycol Monomethyl Ether (2-Methoxyethanol) 109-86-4 2.93 Dimethoxy Methane 109-87-5 0.94 Tetrahydrofuran 109-99-9 4.31 Methyl Isoamyl Ketone (5-Methyl-2-Hexanone) 110-12-3 2.41 Isobutyl Acetate 110-19-0 0.62 Methyl Amyl Ketone 110-43-0 2.36 Hexane 110-54-3 1.24 n-Propyl Formate 110-74-7 0.78 2-Ethoxyethanol 110-80-5 3.71 Cyclohexane 110-82-7 1.25 Morpholine 110-91-8 1.98 Dipropylene Glycol 110-98-5 2.31 Ethylene Glycol Monoethyl Ether Acetate (2-Ethoxyethyl Acetate) 111-15-9 1.84 Diethylenetriamine 111-40-0 15.53 Diethanolamine 111-42-2 2.47 Diethylene Glycol 111-46-6 3.35 n-Octane 111-65-9 0.90 2-Butoxy-1-Ethanol (Ethylene Glycol Monobutyl Ether) 111-76-2 2.90 Diethylene Glycol Methyl Ether (2-(2-Methoxyethoxy) Ethanol) 111-77-3 2.66 n-Nonane 111-84-2 0.78 2-(2-Ethoxyethoxy) Ethanol 111-90-0 3.26 Ethylene Glycol Monobutyl Ether Acetate (2-Butoxyethyl Acetate) 112-07-2 1.62 2-(2-Ethoxyethoxy) Ethyl Acetate 112-15-2 1.48 2-(2-Butoxyethoxy)-Ethanol 112-34-5 2.39 Dimethyl Ether 115-10-6 0.81 Triethylamine 121-44-8 3.84 2-Phenoxyethanol; Ethylene Glycol Phenyl Ether 122-99-6 4.49 Diacetone Alcohol 123-42-2 0.60 2,4-Pentanedione 123-54-6 1.01 Butanal 123-72-8 5.97 Butyl Acetate, n 123-86-4 0.83 3-Methyl-Butyl Acetate 123-92-2 1.09 2-(2-Butoxyethoxy) Ethyl Acetate 124-17-4 1.38 2-Amino-2-Methyl-1-Propanol 124-68-5 0.25 Perchloroethylene 127-18-4 0.03 Ethanolamine 141-43-5 6.81 Ethyl acetate 141-78-6 0.63 Heptane 142-82-5 1.07 n-Hexyl Acetate (Hexyl Acetate) 142-92-7 0.69 2-Ethyl Hexanoic Acid 149-57-5 3.32 trans-1,2-Dichloroethene 156-60-5 1.70 1,2,3-Trimethyl Benzene 526-73-8 11.97 t-Butyl Acetate 540-88-5 0.18 Methyl Isobutyrate 547-63-7 0.61 Methyl Lactate 547-64-8 2.67 Methyl Propionate 554-12-1 0.66 1,2-Butanediol 584-03-2 2.52 n-Butyl Propionate 590-01-2 0.84 Methyl n-Butyl Ketone (2-Hexanone) 591-78-6 3.14 Dimethyl carbonate 616-38-6 0.06 2-Methyl-1-Butyl Acetate 624-41-9 1.08 n-Pentyl Propionate 624-54-4 0.71 Ethyl Isopropyl Ether 625-54-7 3.74 Dimethyl Adipate 627-93-0 1.80 Methyl n-Butyl Ether 628-28-4 3.15 Amyl Acetate (Pentyl Ethanoate, Pentyl Acetate) 628-63-7 0.84 Ethyl n-Butyl Ether 628-81-9 3.48 Ethyl t-Butyl Ether 637-92-3 2.01 1,3-Dioxolane 646-06-0 4.96 Ethyl-3-Ethoxypropionate 763-69-9 3.58 Methyl Pyrrolidone (n-Methyl-2-Pyrrolidone) 872-50-4 2.41 Dimethyl Gluterate 1119-40-0 0.42 C8 Disubstituted Benzenes 1330-20-7 7.76 Ethylene Glycol 2-Ethylhexyl Ether [2-(2-Ethylhexyloxy) Ethanol] 1559-35-9 1.55 Propylene Glycol Monopropyl Ether (1-Propoxy-2-Propanol) 1569-01-3 2.68 Propylene Glycol Monoethyl Ether (1-Ethoxy-2-Propanol) 1569-02-4 3.09 2-Methoxy-1-Propanol 1589-47-5 3.01 Methyl t-Butyl Ether 1634-04-4 0.73 trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) 1645-83-6 0.10 Ethylcyclohexane 1678-91-7 1.47 Isoamyl Isobutyrate 2050-01-3 0.82 2-Propoxy-ethanol (Ethylene Glycol Monopropyl Ether) 2807-30-9 3.30 n-Butoxy-2-Propanol 5131-66-8 2.72 d-Limonene (Dipentene or Orange Terpene) 5989-27-5 4.55 2,2,4-trimethyl-1,3-pentanediol diisobutyrate 6846-50-0 0.38 Dipropylene Glycol Methyl Ether Isomer (2-[2Methoxypropoxy]-1-Propanol) 13588-28-8 2.58 C9 Styrenes 25013-15-4 1.53 Texanol (1,3 Pentanediol, 2,2,4-Trimethyl, 1-Isobutyrate) 25265-77-4 0.81 Isodecyl Alcohol (8-Methyl-1-Nonanol) 25339-17-7 1.06 Tripropylene Glycol Monomethyl Ether 25498-49-1 1.92 Glycol Ether DPNB (1-(2-Butoxy-1-Methylethoxy) 2-Propanol) 29911-28-2 1.83 Dipropylene Glycol Monomethyl Ether (mixture of isomers) 34590-94-8 2.58 Propylene Glycol t-Butyl Ether (1-tert-Butoxy-2-Propanol) 57018-52-7 1.61 2-Methoxy-1-Propyl Acetate 70657-70-4 1.12 Dipropylene Glycol Methyl Ether Acetate Isomers 88917-22-0 1.45 Oxo-Heptyl Acetate 90438-79-2 0.83 2-tert-Butoxy-1-Propanol 94023-15-1 1.81 trans-1-chloro-3,3,3-trifluoropropene (HFO-1233zdE) 102687-65-0 0.04 Oxo-Octyl Acetate 108419-32-5 0.81 [77 FR 14284, Mar. 9, 2012, as amended at 90 FR 5710, Jan. 17, 2025] Table 2B to Subpart E of Part 59—Reactivity Factors for Aliphatic Hydrocarbon Solvent Mixtures Bin Average Criteria Reactivity 3 1 80-205 Alkanes (<2% Aromatics) 1.42 2 80-205 N- & Iso-Alkanes (≥90% and <2% Aromatics) 1.31 3 80-205 Cyclo-Alkanes (≥90% and <2% Aromatics) 1.63 4 80-205 Alkanes (2 to <8% Aromatics) 1.47 5 80-205 Alkanes (8 to 22% Aromatics) 1.56 6 >205-340 Alkanes (<2% Aromatics) 1.17 7 >205-340 N- & Iso-Alkanes (≥90% and <2% Aromatics) 1.03 8 >205-340 Cyclo-Alkanes (≥90% and <2% Aromatics) 1.44 9 >205-340 Alkanes (2 to <8% Aromatics) 1.44 10 >205-340 Alkanes (8 to 22% Aromatics) 1.98 11 >340-460 Alkanes (<2% Aromatics) 0.70 12 >340-460 N- & Iso-Alkanes (≥90% and <2% Aromatics 0.62 13 >340-460 Cyclo-Alkanes (≥90% and <2% Aromatics) 0.86 14 >340-460 Alkanes (2 to <8% Aromatics) 0.99 15 >340-460 Alkanes (8 to 22% Aromatics) 1.57 16 >460-580 Alkanes (<2% Aromatics) 0.52 17 >460-580 N- & Iso-Alkanes (≥90% and <2% Aromatics) 0.48 18 >460-580 Cyclo-Alkanes (≥90% and <2% Aromatics) 0.60 19 >460-580 Alkanes (2 to <8% Aromatics) 0.66 20 >460-580 Alkanes (8 to 22% Aromatics) 0.95 [77 FR 14286, Mar. 9, 2012, as amended at 90 FR 5710, Jan. 17, 2025] Table 2C to Subpart E of Part 59—Reactivity Factors for Aromatic Hydrocarbon Solvent Mixtures Bin Boiling Criteria Reactivity 3 21 280-290 Aromatic Content (≥98%) 7.64 22 320-350 Aromatic Content (≥98%) 7.60 23 355-420 Aromatic Content (≥98%) 6.85 24 450-535 Aromatic Content (≥98%) 3.82 [77 FR 14286, Mar. 9, 2012, as amended at 90 FR 5710, Jan. 17, 2025] Appendix A to Subpart E of Part 59—In compliance with 40 CFR Part 59, Subpart E, the following standards will remain applicable prior to January 17, 2027. I. Appendix A—Table 1 Under 40 CFR Part 59, Subpart E Appendix A—Table 1 to Subpart E of Part 59—Product-Weighted Reactivity Limits by Coating Category Applicable Prior to January 17, 2027 Coating category Category a Reactivity limit 3 Clear Coatings CCP 1.50 Flat Coatings FCP 1.20 Fluorescent Coatings FLP 1.75 Metallic Coatings MCP 1.90 Non-Flat Coatings NFP 1.40 Primers PCP 1.20 Ground Traffic/Marking GTM 1.20 Art Fixatives or Sealants AFS 1.80 Auto Body Primers ABP 1.55 Automotive Bumper and Trim Products ABT 1.75 Aviation or Marine Primers AMP 2.00 Aviation Propellor Coatings APC 2.50 Corrosion Resistant Brass, Bronze, or Copper Coatings CRB 1.80 Exact Match Finish—Engine Enamel EEE 1.70 Exact Match Finish—Automotive EFA 1.50 Exact Match Finish—Industrial EFI 2.05 Floral Sprays FSP 1.70 Glass Coatings GCP 1.40 High Temperature Coatings HTC 1.85 Hobby/Model/Craft Coatings, Enamel HME 1.45 Hobby/Model/Craft Coatings, Lacquer HML 2.70 Hobby/Model/Craft Coatings, Clear or Metallic HMC 1.60 Marine Spar Varnishes MSV 0.90 Photograph Coatings PHC 1.00 Pleasure Craft Primers, Surfacers or Undercoaters PCS 1.05 Pleasure Craft Topcoats PCT 0.60 Polyolefin Adhesion Promoters PAP 2.50 Shellac Sealers, Clear SSC 1.00 Shellac Sealers, Pigmented SSP 0.95 Slip-Resistant Coatings SRC 2.45 Spatter/Multicolor Coatings SMC 1.05 Vinyl/Fabric/Leather/Polycarbonate Coatings VFL 1.55 Webbing/Veiling Coatings WFC 0.85 Weld-Through Primers WTP 1.00 Wood Stains WSP 1.40 Wood Touch-up/Repair or Restoration Coatings WTR 1.50 a II. Appendix A—Table 2A Under 40 CFR Part 59, Subpart E Appendix A—Table 2A to Subpart E of Part 59—Reactivity Factors—Applicable Prior to January 17, 2027 Compound CAS No. Reactivity factor 3 Formaldehyde 50-00-0 8.97 Glycerol (1,2,3-Propanetriol) 56-81-5 3.27 Propylene Glycol 57-55-6 2.75 Ethanol 64-17-5 1.69 Formic Acid 64-18-6 0.08 Acetic Acid 64-19-7 0.71 Methanol 67-56-1 0.71 Isopropyl Alcohol (2-Propanol) 67-63-0 0.71 Acetone (Propanone) 67-64-1 0.43 n-Propanol (n-Propyl Alcohol) 71-23-8 2.74 n-Butyl Alcohol (Butanol) 71-36-3 3.34 n-Pentanol (Amyl Alcohol) 71-41-0 3.35 Benzene 71-43-2 0.81 1,1,1-Trichloroethane 71-55-6 0.00 Propane 74-98-6 0.56 Vinyl Chloride 75-01-4 2.92 Acetaldehyde 75-07-0 6.84 Methylene Chloride (Dichloromethane) 75-09-2 0.07 Ethylene Oxide 75-21-8 0.05 Isobutane 75-28-5 1.35 HFC-152A (1,1-Difluoroethane) 75-37-6 0.00 Propylene Oxide 75-56-9 0.32 t-Butyl Alcohol 75-65-0 0.45 Methyl t-Butyl Ketone 75-97-8 0.78 Isophorone (3,5,5-Trimethyl-2-Cyclohexenone) 78-59-1 10.58 Isopentane 78-78-4 1.68 Isobutanol 78-83-1 2.24 2-Butanol (s-Butyl Alcohol) 78-92-2 1.60 Methyl Ethyl Ketone (2-Butanone) 78-93-3 1.49 Monoisopropanol Amine (1-Amino-2-Propanol) 78-96-6 13.42 Trichloroethylene 79-01-6 0.60 Propionic Acid 79-09-4 1.16 Acrylic Acid 79-10-7 11.66 Methyl Acetate 79-20-9 0.07 Nitroethane 79-24-3 12.79 Methacrylic Acid 79-41-4 18.78 a-Pinene (Pine Oil) 80-56-8 4.29 Methyl Methacrylate 80-62-6 15.84 Naphthalene 91-20-3 3.26 Xylene, ortho- 95-47-6 7.49 o-Cresol 95-48-7 2.34 1,2,4-Trimethylbenzene 95-63-6 7.18 3-Pentanone 96-22-0 1.45 Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxime) 96-29-7 22.04 gamma-Butyrolactone 96-48-0 1.15 Ethyl Lactate 97-64-3 2.71 Isobutyl Isobutyrate 97-85-8 0.61 Isobutyl Methacrylate 97-86-9 8.99 Butyl Methacrylate 97-88-1 9.09 Benzotrifluoride 98-08-8 0.26 PCBTF (p-Trifluoromethyl-Cl-Benzene) 98-56-6 0.11 Cumene (Isopropyl Benzene) 98-82-8 2.32 a-Methyl Styrene 98-83-9 1.72 Ethyl Benzene 100-41-4 2.79 Styrene 100-42-5 1.95 Benzaldehyde 100-52-7 0.00 Triethanolamine 102-71-6 2.76 2-Ethyl-Hexyl Acetate 103-09-3 0.79 2-Ethyl-Hexyl Acrylate 103-11-7 2.42 2-Ethyl-1-Hexanol (Ethyl Hexyl Alcohol) 104-76-7 2.20 Ethyl Propionate 105-37-3 0.79 s-Butyl Acetate 105-46-4 1.43 n-Propyl Propionate 106-36-5 0.93 Xylene, para- 106-42-3 4.25 p-Dichlorobenzene 106-46-7 0.20 Dimethyl Succinate 106-65-0 0.23 1,2-Epoxybutane (Ethyl Oxirane) 106-88-7 1.02 n-Propyl Bromide 106-94-5 0.35 Butane 106-97-8 1.33 1,3-Butadiene 106-99-0 13.58 Ethylene Glycol 107-21-1 3.36 2-Methyl-2,4-Pentanediol 107-41-5 1.04 Hexamethyldisiloxane 107-46-0 0.00 Isohexane Isomers 107-83-5 1.80 Methyl n-Propyl Ketone (2-Pentanone) 107-87-9 3.07 Propylene Glycol Monmethyl Ether (1-Methoxy-2-Propanol) 107-98-2 2.62 n,n-Dimethylethanolamine 108-01-0 4.76 1-Nitropropane 108-03-2 16.16 Vinyl Acetate 108-05-4 3.26 Methyl Isobutyl Ketone 108-10-1 4.31 Isopropyl Acetate 108-21-4 1.12 Propylene Carbonate 107-46-0 0.00 (4-Methyl-1,3-Dioxolan-2one) 108-32-7 0.25 Xylene, meta- 108-38-3 10.61 Propylene Glycol Monomethyl Ether Acetate (1-Methoxy-2-Propyl Acetate) 108-65-6 1.71 1,3,5-Trimethyl Benzene 108-67-8 11.22 Di-Isobutyl Ketone (2,6-Dimethyl-4-Heptanone) 108-83-8 2.94 Methylcyclohexane 108-87-2 1.99 Toluene 108-88-3 3.97 Monochlorobenzene 108-90-7 0.36 Cyclohexanol 108-93-0 2.25 Cyclohexanone 108-94-1 1.61 n-Butyl Butyrate 109-21-7 1.12 Propyl Acetate 109-60-4 0.87 Pentane 109-66-0 1.54 Ethylene Glycol Monomethyl Ether (2-Methoxyethanol) 109-86-4 2.98 Tetrahydrofuran 109-99-9 4.95 Methyl Isoamyl Ketone (5-Methyl-2-Hexanone) 110-12-3 2.10 Isobutyl Acetate 110-19-0 0.67 Methyl Amyl Ketone 110-43-0 2.80 Hexane 110-54-3 1.45 n-Propyl Formate 110-74-7 0.93 2-Ethoxyethanol 110-80-5 3.78 Cyclohexane 110-82-7 1.46 Morpholine 110-91-8 15.43 Dipropylene Glycol 110-98-5 2.48 Ethylene Glycol Monoethyl Ether Acetate (2-Ethoxyethyl Acetate) 111-15-9 1.90 Diethylenetriamine 111-40-0 13.03 Diethanolamine 111-42-2 4.05 Diethylene Glycol 111-46-6 3.55 n-Octane 111-65-9 1.11 2-Butoxy-1-Ethanol (Ethylene Glycol Monobutyl Ether) 111-76-2 2.90 Diethylene Glycol Methyl Ether (2-(2-Methoxyethoxy) Ethanol) 111-77-3 2.90 n-Nonane 111-84-2 0.95 2-(2-Ethoxyethoxy) Ethanol 111-90-0 3.19 Ethylene Glycol Monobutyl Ether Acetate (2-Butoxyethyl Acetate) 112-07-2 1.67 2-(2-Ethoxyethoxy) Ethyl Acetate 112-15-2 1.50 2-(2-Butoxyethoxy)-Ethanol 112-34-5 2.70 Dimethyl Ether 115-10-6 0.93 Triethylamine 121-44-8 16.60 2-Phenoxyethanol; Ethylene Glycol Phenyl Ether 122-99-6 3.61 Diacetone Alcohol 123-42-2 0.68 2,4-Pentanedione 123-54-6 1.02 Butanal 123-72-8 6.74 Butyl Acetate, n 123-86-4 0.89 2-(2-Butoxyethoxy) Ethyl Acetate 124-17-4 1.38 2-Amino-2-Methyl-1-Propanol 124-68-5 15.08 Perchloroethylene 127-18-4 0.04 Ethanolamine 141-43-5 5.97 Ethyl acetate 141-78-6 0.64 Heptane 142-82-5 1.28 n-Hexyl Acetate (Hexyl Acetate) 142-92-7 0.87 2-Ethyl Hexanoic Acid 149-57-5 4.41 1,2,3-Trimethyl Benzene 526-73-8 11.26 t-Butyl Acetate 540-88-5 0.20 Methyl Isobutyrate 547-63-7 0.70 Methyl Lactate 547-64-8 2.75 Methyl Propionate 554-12-1 0.71 1,2 Butanediol 584-03-2 2.21 n-Butyl Propionate 590-01-2 0.89 Methyl n-Butyl Ketone (2-Hexanone) 591-78-6 3.55 Dimethyl carbonate 616-38-6 0.06 Ethyl Isopropyl Ether 625-54-7 3.86 Dimethyl Adipate 627-93-0 1.95 Methy n-Butyl Ether 628-28-4 3.66 Amyl Acetate (Pentyl Ethanoate, Pentyl Acetate) 628-63-7 0.96 Ethyl n-Butyl Ether 628-81-9 3.86 Ethyl t-Butyl Ether 637-92-3 2.11 1,3-Dioxolane 646-06-0 5.47 Ethyl-3-Ethoxypropionate 763-69-9 3.61 Methyl Pyrrolidone (n-Methyl-2-Pyrrolidone) 872-50-4 2.56 Dimethyl Gluterate 1119-40-0 0.51 Ethylene Glycol 2-Ethylhexyl Ether [2-(2-Ethylhexyloxy) Ethanol] 1559-35-9 1.71 Propylene Glycol Monopropyl Ether (1-Propoxy-2-Propanol) 1569-01-3 2.86 Propylene Glycol Monoethyl Ether (1-Ethoxy-2-Propanol) 1569-02-4 3.25 2-Methoxy-1-Propanol 1589-47-5 3.01 Methyl t-Butyl Ether 1634-04-4 0.78 Ethylcyclohexane 1678-91-7 1.75 Isoamyl Isobutyrate 2050-01-3 0.89 2-Propoxyethanol (Ethylene Glycol Monopropyl Ether) 2807-30-9 3.52 n-Butoxy-2-Propanol 5131-66-8 2.70 d-Limonene (Dipentene or Orange Terpene) 5989-27-5 3.99 Dipropylene Glycol Methyl Ether Isomer (2-[2Methoxypropoxy]-1-Propanol) 13588-28-8 3.02 Texanol (1,3 Pentanediol, 2,2,4-Trimethyl, 1-Isobutyrate) 25265-77-4 0.89 Isodecyl Alcohol (8-Methyl-1-Nonanol) 25339-17-7 1.23 Tripropylene Glycol Monomethyl Ether 25498-49-1 1.90 Glycol Ether DPNB (1-(2-Butoxy-1-Methylethoxy) 2-Propanol) 29911-28-2 1.96 Propylene Glycol t-Butyl Ether (1-tert-Butoxy-2-Propanol) 57018-52-7 1.71 2-Methoxy-1-Propyl Acetate 70657-70-4 1.12 Oxo-Heptyl Acetate 90438-79-2 0.97 2-tert-Butoxy-1-Propanol 94023-15-1 1.81 Oxo-Octyl Acetate 108419-32-5 0.96 C8 Disubstituted Benzenes na 7.48 C9 Styrenes na 1.72 III. Appendix A—Table 2B Under 40 CFR Part 59, Subpart E Appendix A—Table 2B to Subpart E of Part 59—Reactivity Factors for Aliphatic Hydrocarbon Solvent Mixtures—Applicable Prior to January 17, 2027 Bin Average Criteria Reactivity 3 1 80-205 Alkanes (<2% Aromatics) 2.08 2 80-205 N- & Iso-Alkanes (≥90% and <2% Aromatics) 1.59 3 80-205 Cyclo-Alkanes (≥90% and <2% Aromatics) 2.52 4 80-205 Alkanes (2 to <8% Aromatics) 2.24 5 80-205 Alkanes (8 to 22% Aromatics) 2.56 6 >205-340 Alkanes (<2% Aromatics) 1.41 7 >205-340 N- & Iso-Alkanes (≥90% and <2% Aromatics) 1.17 8 >205-340 Cyclo-Alkanes (≥90% and <2% Aromatics) 1.65 9 >205-340 Alkanes (2 to <8% Aromatics) 1.62 10 >205-340 Alkanes (8 to 22% Aromatics) 2.03 11 >340-460 Alkanes (<2% Aromatics) 0.91 12 >340-460 N- & Iso-Alkanes (≥90% and <2% Aromatics) 0.81 13 >340-460 Cyclo-Alkanes (≥90% and <2% Aromatics) 1.01 14 >340-460 Alkanes (2 to <8% Aromatics) 1.21 15 >340-460 Alkanes (8 to 22% Aromatics) 1.82 16 >460-580 Alkanes (<2% Aromatics) 0.57 17 >460-580 N- & Iso-Alkanes (≥90% and <2% Aromatics) 0.51 18 >460-580 Cyclo-Alkanes (≥90% and <2% Aromatics) 0.63 19 >460-580 Alkanes (2 to <8% Aromatics) 0.88 20 >460-580 Alkanes (8 to 22% Aromatics) 1.49 * Average Boiling Point = (Initial Boiling Point + Dry Point)/2(b) Aromatic Hydrocarbon Solvents. IV. Appendix A—Table 2C Under 40 CFR Part 59, Subpart E Appendix A—Table 2C to Subpart E of Part 59—Reactivity Factors for Aromatic Hydrocarbon Solvent Mixtures—Applicable Prior to January 17, 2027 Bin Boiling range Criteria Reactivity 3 21 280-290 Aromatic Content (≥98%) 7.37 22 320-350 Aromatic Content (≥98%) 7.51 23 355-420 Aromatic Content (≥98%) 8.07 24 450-535 Aromatic Content (≥98%) 5.00 V. Appendix A—Table 3 Under 40 CFR Part 59, Subpart E Appendix A—Table 3 to Subpart E of Part 59—Methods—Applicable Prior to January 17, 2027 Method name Description CARB 310 (2005) or Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (May 5, 2005), (incorporated by reference, see § 59.515) or Method EPA 311 Analysis of Hazardous Air Pollutant Compounds in Paints and Coatings by Direct Injection into a Gas Chromatograph; SCAQMD Method 318-95 Determination of Weight Percent Elemental Metal in Coatings by X-ray Diffraction, July, 1996, (incorporated by reference, see § 59.515). ASTM Method D523-89 (Reapproved 1999) Standard Test Method for Specular Gloss, (incorporated by reference, see § 59.515). [90 FR 5714, Jan. 17, 2025, as amended at 90 FR 28909, July 2, 2025] Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers Source: 72 FR 8533, Feb. 26, 2007, unless otherwise noted. Overview and Applicability § 59.600 Does this subpart apply for my products? (a) Except as provided in § 59.605 and paragraph (b) of this section, the regulations in this subpart F apply for all portable fuel containers (defined in § 59.680) that are manufactured on or after January 1, 2009. (b) See § 59.602 (a) and (b) to determine how to apply the provisions of this subpart for containers that were manufactured before January 1, 2009. § 59.601 Do the requirements of this subpart apply to me? (a) Unless specified otherwise in this subpart, the requirements and prohibitions of this subpart apply to all manufacturers and importers of portable fuel containers. Certain prohibitions in § 59.602 apply to all other persons. (b) New portable fuel containers that are subject to the emissions standards of this part must be covered by a certificate of conformity that is issued to the manufacturer of the container. If more than one person meets the definition of manufacturer for a portable fuel container, see § 59.621 to determine if you are the manufacturer who may apply for and receive a certificate of conformity. (c) Unless specifically noted otherwise, the term “you” means manufacturers, as defined in § 59.680. § 59.602 What are the general prohibitions and requirements of this subpart? (a) General prohibition for manufacturers and importers. (b) General prohibition for wholesale distributors. (c) Reporting and recordkeeping. (2) No person may alter, destroy, or falsify any record or report required by this subpart. (d) Testing and access to facilities. (e) Warranty. (f) Replacement components. (g) Violations. (h) Assessment of penalties and injunctions. § 59.603 How must manufacturers apply good engineering judgment? (a) In addition to other requirements and prohibitions set forth in this subpart, you must use good engineering judgment for decisions related to any requirements under this subpart. This includes your applications for certification, any testing you do to show that your portable fuel containers comply with requirements that apply to them, and how you select, categorize, determine, and apply these requirements. (b) Upon request, you must provide EPA a written description of the engineering judgment in question. Such information must be provided within 15 working days unless EPA specifies a different period of time to respond. (c) We may reject your decision if it is not based on good engineering judgment or is otherwise inconsistent with the requirements that apply, and we may— (1) Suspend, revoke, or void a certificate of conformity if we determine you used incorrect or incomplete information or failed to consider relevant information, or that your decision was not based on good engineering judgment; or (2) Notify you that we believe any aspect of your application or other information submission may be incorrect or invalid due to lack of good engineering judgment or other cause. Unless a different period is specified, you will have 30 days to respond to our notice and specifically address our concerns. After considering your information, we will notify you regarding our finding, which may include the actions provided in paragraph (c)(1) of this section. (d) If you disagree with our conclusions under paragraph (c) of this section, you may file a request for a hearing with the Designated Compliance Officer as described in § 59.699. In your request, you must specifically state your objections, and include relevant data or supporting analysis. The request must be signed by your authorized representative. If we agree that your request raises a substantial factual issue, we will hold the hearing according to § 59.699. § 59.605 What portable fuel containers are excluded from this subpart's requirements? This section describes exclusions that apply to certain portable fuel containers. The prohibitions and requirements of this subpart do not apply for containers excluded under this section. Exclusions under this section are based on inherent characteristics of the containers. See § 59.660 for exemptions that apply based on special circumstances. (a) Containers approved as safety cans consistent with the requirements of 29 CFR 1926.150 through 1926.152 are excluded. Such cans generally have a flash-arresting screens, spring-closing lids and spout covers and have been approved by a nationally recognized testing laboratory such as Factory Mutual Engineering Corp. or Underwriters Laboratories, Inc., or Federal agencies such as Bureau of Mines, or U.S. Coast Guard. (b) Containers with a nominal capacity of less than 0.25 gallons or more than 10.0 gallons are excluded. (c) Containers designed and marketed solely to deliver fuel directly to nonroad engines during engine operation, such as containers with a connection for a fuel line and a reserve fuel area, are considered to be nonroad fuel tanks, and are thus excluded. § 59.607 Submission of information. (a) You are responsible for all statements you make to us related to this subpart F, including information not required during certification. You are required to provide truthful and complete information. This subpart describes the consequences of failing to meet this obligation. The consequences also may include prosecution under 18 U.S.C. 1001 and 42 U.S.C. 7431(c)(2). (b) We may require an officer or authorized representative of your company with knowledge of the information contained in the submittal to approve and sign any submission of information to us, and to certify that all the information submitted is accurate and complete. Emission Standards and Related Requirements § 59.611 What evaporative emission requirements apply under this subpart? (a) Hydrocarbon emissions from portable fuel containers may not exceed 0.3 grams per gallon per day when measured with the test procedures in §§ 59.650 through 59.653. This procedure measures diurnal venting emissions and permeation emissions. (b) For the purpose of this section, portable fuel containers include spouts, caps, gaskets, and other parts provided with the container. (c) The following general requirements also apply for all portable fuel containers subject to the standards of this subpart: (1) Prohibited controls. (i) For anyone to design, manufacture, or install emission control systems so they cause or contribute to an unreasonable risk to public health, welfare, or safety while operating. (ii) For anyone to design, manufacture, or install emission control systems with features that disable, deactivate, reduce effectiveness, or bypass the emission controls, either actively or passively. However, you may include a vent that the operator can open to bypass emission controls if that vent closes automatically ( i.e., (2) Leaks. (3) Refueling. (d) Portable fuel containers must meet the standards and requirements specified in this subpart throughout the useful life of the container. The useful life of the container is five years beginning on the date of sale to the ultimate purchaser. [72 FR 8533, Feb. 26, 2007, as amended at 80 FR 9089, Feb. 19, 2015] § 59.612 What emission-related warranty requirements apply to me? (a) General requirements. (1) Designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this subpart. (2) Is free from defects in materials and workmanship that may keep it from meeting these requirements. (b) Warranty notice and period. (c) Notice. § 59.613 What operation and maintenance instructions must I give to buyers? You must provide the ultimate purchaser of the new portable fuel container written instructions for properly maintaining and using the emission-control system. § 59.615 How must I label and identify the portable fuel containers I produce? This section describes how you must label your portable fuel containers. (a) At the time of manufacture, indelibly mark the month and year of manufacture on each container. (b) Mold into or affix a legible label identifying each portable fuel container. The label must be: (1) Attached so it is not easily removable. (2) Secured to a part of the container that can be easily viewed when the can is in use, not on the bottom of the container. (3) Written in English. (c) The label must include: (1) The heading “EMISSION CONTROL INFORMATION”. (2) Your full corporate name, trademark and warranty contact information. (3) A standardized identifier such as EPA's standardized designation for the emission families, the model number, or the part number. (4) This statement: “THIS CONTAINER COMPLIES WITH U.S. EPA EMISSION REGULATIONS FOR PORTABLE FUEL CONTAINERS (40 CFR Part 59).”. (5) This statement: “THE EMISSIONS WARRANTY IS VALID FOR A MINIMUM OF ONE YEAR FROM DATE OF PURCHASE.”. (d) You may add information to the emission control information label to identify other emission standards that the container meets or does not meet (such as California standards). You may also add other information to ensure that the portable fuel container will be properly maintained and used. (e) You may request that we approve modified labeling requirements in this subpart F if you show that it is necessary or appropriate. We will approve your request if your alternate label is consistent with the requirements of this subpart. (f) You may identify the name and trademark of another company instead of their own on your emission control information label, subject to the following provisions: (1) You must have a contractual agreement with the other company that obligates that company to take the following steps: (i) Meet the emission warranty requirements that apply under § 59.612. This may involve a separate agreement involving reimbursement of warranty-related expenses. (ii) Report all warranty-related information to the certificate holder. (2) In your application for certification, identify the company whose trademark you will use and describe the arrangements you have made to meet your requirements under this section. (3) You remain responsible for meeting all the requirements of this subpart. Certifying Emission Families § 59.621 Who may apply for a certificate of conformity? A certificate of conformity may be issued only to the manufacturer that completes the construction of the portable fuel container. In unusual circumstances, upon a petition by a manufacturer, we may allow another manufacturer of the container to hold the certificate of conformity. However, in order to hold the certificate, the manufacturer must demonstrate day-to-day ability to ensure that containers produced under the certificate will comply with the requirements of this subpart. § 59.622 What are the general requirements for obtaining a certificate of conformity and producing portable fuel containers under it? (a) You must send us a separate application for a certificate of conformity for each emission family. A certificate of conformity for containers is valid from the indicated effective date until the end of the production period for which it is issued. We may require new certification prior to the end of the production period if we finds that containers are not meeting the standards in use during their useful life. (b) The application must be written in English and contain all the information required by this subpart and must not include false or incomplete statements or information (see §§ 59.607 and 59.629). (c) We may ask you to include less information than we specify in this subpart, as long as you maintain all the information required by § 59.628. (d) You must use good engineering judgment for all decisions related to your application (see § 59.603). (e) An authorized representative of your company must approve and sign the application. (f) See § 59.629 for provisions describing how we will process your application. (g) If we approve your application, we will issue a certificate that will allow you to produce the containers that you described in your application for a specified production period. Certificates do not allow you to produce containers that were not described in your application, unless we approve the additional containers under § 59.624. § 59.623 What must I include in my application? This section specifies the information that must be in your application, unless we ask you to include less information under § 59.622(c). We may require you to provide additional information to evaluate your application. (a) Describe the emission family's specifications and other basic parameters of the emission controls. List each distinguishable configuration in the emission family. Include descriptions and part numbers for all detachable components such as spouts and caps and describe any devices designed for venting pressure, if applicable. (b) Describe and explain the method of emission control. (c) Describe the products you selected for testing and the reasons for selecting them. (d) Describe the test equipment and procedures that you used, including any special or alternate test procedures you used (see § 59.650). (e) List the specifications of the test fuel to show that it falls within the required ranges specified in § 59.650. (f) Include the maintenance and use instructions and warranty information you will give to the ultimate purchaser of each new portable fuel container (see § 59.613). (g) Describe your emission control information label (see § 59.615). (h) State that your product was tested as described in the application (including the test procedures, test parameters, and test fuels) to show you meet the requirements of this subpart. (i) Present emission data to show your products meet the applicable emission standards. Where applicable, §§ 59.626 and 59.627 may allow you to submit an application in certain cases without new emission data. (j) Report all test results, including those from invalid tests or from any other tests, whether or not they were conducted according to the test procedures of §§ 59.650 through 59.653. We may ask you to send other information to confirm that your tests were valid under the requirements of this subpart. (k) Unconditionally certify that all the products in the emission family comply with the requirements of this subpart, other referenced parts of the CFR, and the Clean Air Act. (l) Include estimates of U.S.-directed production volumes. (m) Include the information required by other sections of this subpart. (n) Include other relevant information, including any additional information requested by EPA. (o) Name an agent for service located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this subpart. [72 FR 8533, Feb. 26, 2007, as amended at 80 FR 9089, Feb. 19, 2015] § 59.624 How do I amend my application for certification? Before we issue you a certificate of conformity, you may amend your application to include new or modified configurations, subject to the provisions of this section. After we have issued your certificate of conformity, you may send us an amended application requesting that we include new or modified configurations within the scope of the certificate, subject to the provisions of this section. You must amend your application if any changes occur with respect to any information included in your application. (a) You must amend your application before you take either of the following actions: (1) Add a configuration to an emission family. In this case, the configuration added must be consistent with other configurations in the emission family with respect to the criteria listed in § 59.625. (2) Change a configuration already included in an emission family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the portable fuel containers' lifetime. (b) To amend your application for certification, send the Designated Compliance Officer the following information: (1) Describe in detail the addition or change in the configuration you intend to make. (2) Include engineering evaluations or data showing that the amended emission family complies with all applicable requirements. You may do this by showing that the original emission data are still appropriate with respect to showing compliance of the amended family with all applicable requirements. (3) If the original emission data for the emission family are not appropriate to show compliance for the new or modified configuration, include new test data showing that the new or modified configuration meets the requirements of this subpart. (c) We may ask for more test data or engineering evaluations. You must give us these within 30 days after we request them. (d) For emission families already covered by a certificate of conformity, we will determine whether the existing certificate of conformity covers your new or modified configuration. You may ask for a hearing if we deny your request (see § 59.699). (e) For emission families already covered by a certificate of conformity and you send us a request to amend your application, you may sell and distribute the new or modified configuration before we make a decision under paragraph (d) of this section, subject to the provisions of this paragraph. If we determine that the affected configurations do not meet applicable requirements, we will notify you to cease production of the configurations and any containers from the new or modified configuration will not be considered covered by the certificate. In addition, we may require you to recall any affected containers that you have already distributed, including those sold to the ultimate purchasers. Choosing to produce containers under this paragraph (e) is deemed to be consent to recall all containers that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformity at no expense to the owner. If you do not provide information required under paragraph (c) of this section within 30 days, you must stop producing the new or modified containers. § 59.625 How do I select emission families? (a) Divide your product line into families of portable fuel containers that are expected to have similar emission characteristics throughout the useful life. (b) Group containers in the same emission family if they are the same in all the following aspects: (1) Type of material (including pigments, plasticizers, UV inhibitors, or other additives that may affect control of emissions). (2) Production method. (3) Spout and cap design. (4) Gasket material and design. (5) Emission control strategy. (6) Strategy for venting pressure. (c) You may subdivide a group of containers that is identical under paragraph (b) of this section into different emission families if you show the expected emission characteristics are different. (d) You may group containers that are not identical with respect to the things listed in paragraph (b) of this section in the same emission family if you show that their emission characteristics will be similar throughout their useful life. [72 FR 8533, Feb. 26, 2007, as amended at 80 FR 9089, Feb. 19, 2015] § 59.626 What emission testing must I perform for my application for a certificate of conformity? This section describes the emission testing you must perform to show compliance with the emission standards in § 59.611. (a) Test your products using the procedures and equipment specified in §§ 59.650 through 59.653. (b) Select an emission-data unit from each emission family for testing. You must test a production sample or a preproduction product that will represent actual production. Select the configuration that is most likely to exceed (or have emissions nearest to) the applicable emission standard. For example, for a family of multilayer portable fuel containers, test the container with the thinnest barrier layer. Test three identical containers. (c) We may measure emissions from any of your products from the emission family. You must supply your products to us if we choose to perform confirmatory testing. (d) You may ask to use emission data from a previous production period (carryover) instead of doing new tests, but only if the emission-data from the previous production period remains the appropriate emission-data unit under paragraph (b) of this section. For example, you may not carryover emission data for your family of containers if you have added a thinner-walled container than was tested previously. (e) We may require you to test units of the same or different configuration in addition to the units tested under paragraph (b) of this section. (f) If you use an alternate test procedure under § 59.652 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in this subpart, we may reject data you generated using the alternate procedure and base our compliance determination on the later testing. [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] § 59.627 How do I demonstrate that my emission family complies with evaporative emission standards? (a) For purposes of certification, your emission family is considered in compliance with an evaporative emission standard in § 59.611(a) if the test results from all portable fuel containers in the family that have been tested show measured emissions levels that are at or below the applicable standard. (b) Your emissions family is deemed not to comply if any container representing that family has test results showing an official emission level above the standard. (c) Round the measured emission level to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard. § 59.628 What records must I keep and what reports must I send to EPA? (a) Organize and maintain the following records: (1) A copy of all applications and any other information you send us. (2) Any of the information we specify in § 59.623 that you were not required to include in your application. (3) A detailed history of each emission-data unit. For each emission-data unit, include all of the following: (i) The emission-data unit's construction, including its origin and buildup, steps you took to ensure that it represents production containers, any components you built specially for it, and all the components you include in your application for certification. (ii) All your emission tests, including documentation on routine and standard tests, as specified in §§ 59.650 through 59.653, and the date and purpose of each test. (iii) All tests to diagnose emission-control performance, giving the date and time of each and the reasons for the test. (iv) Any other relevant events or information. (4) Production figures for each emission family divided by assembly plant. (5) If you identify your portable fuel containers by lot number or other identification numbers, keep a record of these numbers for all the containers you produce under each certificate of conformity. (b) Keep required data from emission tests and all other information specified in this subpart for five years after we issue the associated certificate of conformity. If you use the same emission data or other information for a later production period, the five-year period restarts with each new production period if you continue to rely on the information. (c) Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any time. (d) Send us copies of any maintenance instructions or explanations if we ask for them. (e) Send us an annual warranty report summarizing successful warranty claims by emission family under § 59.612, including the reason for the claim. You must submit the report by July 1 for the preceding calendar year. [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] § 59.629 What decisions may EPA make regarding my certificate of conformity? (a) If we determine your application is complete and shows that the emission family meets all the requirements of this subpart and the Act, we will issue a certificate of conformity for your emission family for the specified production period. We may make the approval subject to additional conditions. (b) We may deny your application for certification if we determine that your emission family fails to comply with emission standards or other requirements of this subpart or the Act. Our decision may be based on a review of all information available to us. If we deny your application, we will explain why in writing. (c) In addition, we may deny your application or suspend, revoke, or void your certificate if you do any of the following: (1) Refuse to comply with any testing or reporting requirements. (2) Submit false or incomplete information. (3) Render inaccurate any test data. (4) Deny us from completing authorized activities (see § 59.698). This includes a failure to provide reasonable assistance. (5) Produce portable fuel containers for importation into the United States at a location where local law prohibits us from carrying out authorized activities. (6) Fail to supply requested information or amend your application to include all portable fuel containers being produced. (7) Take any action that otherwise circumvents the intent of the Act or this subpart. (d) If we deny your application or suspend, revoke, or void your certificate, you may ask for a hearing (see § 59.699). § 59.630 EPA testing. We may test any portable fuel container subject to the standards of this subpart. (a) Certification and production sample testing. (b) In-use testing. § 59.650 General testing provisions. (a) The test procedures of this subpart are addressed to you as a manufacturer, but they apply equally to anyone who does testing for you. (b) Unless we specify otherwise, the terms “procedures” and “test procedures” in this subpart include all aspects of testing, including the equipment specifications, calibrations, calculations, and other protocols and procedural specifications needed to measure emissions. (c) The specification for gasoline to be used for testing is given in 40 CFR 1065.710(c). Use the grade of gasoline specified for general testing. Blend this grade of gasoline with reagent grade ethanol in a volumetric ratio of 90.0 percent gasoline to 10.0 percent ethanol to achieve a blended fuel that has 10.0 ±1.0 percent ethanol by volume. You may use ethanol that is less pure if you can demonstrate that it will not affect your ability to demonstrate compliance with the applicable emission standards. (d) Accuracy and precision of all temperature measurements must be ±2.2 °C or better. (e) Accuracy and precision of mass balances must be sufficient to ensure accuracy and precision of two percent or better for emission measurements for products at the maximum level allowed by the standard. The readability of the display may not be coarser than half of the required accuracy and precision. [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] § 59.652 Other procedures. (a) Your testing. (b) Our testing. (c) Exceptions. (1) You may request to use special procedures if your portable fuel containers cannot be tested using the specified procedures. We will approve your request if we determine that it would produce emission measurements that represent in-use operation and we determine that it can be used to show compliance with the requirements of § 59.611. (2) You may ask to use emission data collected using other procedures, such as those of the California Air Resources Board. We will approve this only if you show us that using these other procedures do not affect your ability to show compliance with the applicable emission standards. This generally requires emission levels to be far enough below the applicable emission standards so that any test differences do not affect your ability to state unconditionally that your containers will meet all applicable emission standards when tested using the specified test procedures. (3) You may request to use alternate procedures that are equivalent to allowed procedures, or more accurate or more precise than allowed procedures. (4) You may not use other procedures under this paragraph (c) until we approve your request. § 59.653 How do I test portable fuel containers? You must test the portable fuel container as described in your application, with the applicable spout attached except as otherwise noted. Tighten fittings in a manner representative of how they would be tightened by a typical user. (a) Preconditioning for durability. (1) Pressure cycling (2) UV exposure. 2 2 (3) Slosh testing (4) Spout actuation. (i) Perform one complete actuation/inversion cycle per day for ten days. (ii) One actuation/inversion cycle consists of the following steps: (A) Remove and replace the spout to simulate filling the container. (B) Slowly invert the container and keep it inverted for at least 5 seconds to ensure that the spout and mechanisms become saturated with fuel. Any fuel leaking from any part of the container will denote a leak and must be reported as part of certification. Once completed, place the container on a flat surface in the upright position. (C) Actuate the spout by fully opening and closing without dispensing fuel. The spout must return to the closed position without the aid of the operator ( e.g. (D) Repeat the step contained in paragraph (a)(4)(ii)(B) of this section (i.e., the inversion step). (E) Repeat the steps contained in paragraph (a)(4)(ii)(C) of this section (i.e., ten actuations). (b) Preconditioning fuel soak. (1) Fill the portable fuel container with the specified fuel to its nominal capacity, seal it using the spout, and allow it to soak at 28 ±5 °C for 20 weeks. Alternatively, the container may be soaked for 10 weeks at 43 ±5 °C. You may count the time of the preconditioning steps in paragraph (a) of this section as part of the preconditioning fuel soak, as long as the ambient temperature remains within the specified temperature range and the fuel tank is at least 40 percent full; you may add or replace fuel as needed to conduct the specified durability procedures. (2) Pour the fuel out of the container and immediately refill to 50 percent of nominal capacity. Be careful to not spill any fuel on the container. Wipe the outside of the container as needed to remove any liquid fuel that may have spilled on it. (3) Install the spout assembly that will be used in the production containers. The spout and other openings (such as vents) on the container must be tested in their open condition unless they close automatically and are unlikely to be left open by the user during typical storage. All manual closures such as caps must be left off the container and spout during testing. (c) Reference container. (1) Obtain a second container of the same model as the test tank. You may not use a container that has previously contained fuel or any other contents that might affect the stability of its mass. (2) Fill the reference container with enough dry sand (or other inert material) so that the mass of the reference container is approximately the same as the test container when filled with fuel. Use good engineering judgment to determine how similar the mass of the reference container needs to be to the mass of the test container considering the performance characteristics of your balance. (3) Ensure that the sand (or other inert material) is dry. This may require heating the container or applying a vacuum to it. (4) Seal the container. (d) Diurnal test run. (1) Stabilize the fuel temperature within the portable fuel container at 22.2 °C. Vent the container at this point to relieve any positive or negative pressure that may have developed during stabilization. (2) Weigh the sealed reference container and record the weight. Place the reference on the balance and tare it so that it reads zero. Place the sealed test container on the balance and record the difference between the test container and the reference container. This value is M initial (3) Immediately place the portable fuel container within a well ventilated, temperature-controlled room or enclosure. Do not spill or add any fuel. (4) Close the room or enclosure. (5) Follow the temperature profile in the following table for all portable fuel containers. Use good engineering judgment to follow this profile as closely as possible. You may use linearly interpolated temperatures or a spline fit for temperatures between the hourly setpoints. Table 1 of § 59.653—Diurnal Temperature Profile for Portable Fuel Containers Time Ambient Temperature 0 22.2 1 22.5 2 24.2 3 26.8 4 29.6 5 31.9 6 33.9 7 35.1 8 35.4 9 35.6 10 35.3 11 34.5 12 33.2 13 31.4 14 29.7 15 28.2 16 27.2 17 26.1 18 25.1 19 24.3 20 23.7 21 23.3 22 22.9 23 22.6 24 22.2 (6) At the end of the diurnal period, retare the balance using the reference container and weigh the portable fuel container. Record the difference in mass between the reference container and the test. This value is M final (7) Subtract M final initial Emission rate = (M initial final (8) Round your result to the same number of decimal places as the emission standard. (9) Instead of determining emissions by weighing the container before and after the diurnal temperature cycle, you may place the container in a SHED meeting the specifications of 40 CFR 86.107-96(a)(1) and measure emissions directly. Immediately following the stabilization in paragraph (d)(1) of this section, purge the SHED and follow the temperature profile from paragraph (d)(4) of this section. Start measuring emissions when you start the temperature profile and stop measuring emissions when the temperature profile concludes. (e) For metal containers, you may demonstrate for certification that your portable fuel containers comply with the evaporative emission standards without performing the pre-soak or container durability cycles (i.e., the pressure cycling, UV exposure, and slosh testing) specified in this section. For other containers, you may demonstrate compliance without performing the durability cycles specified in this section only if we approve it after you have presented data clearly demonstrating that the cycle or cycles do not negatively impact the permeation rate of the materials used in the containers. [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] Special Compliance Provisions § 59.660 Exemption from the standards. In certain circumstances, we may exempt portable fuel containers from the evaporative emission standards and requirements of § 59.611 and the prohibitions and requirements of § 59.602. You do not need an exemption for any containers that you own but do not sell, offer for sale, introduce or deliver for introduction into U.S. commerce, or import into the United States. Submit your request for an exemption to the Designated Compliance Officer. (a) Portable fuel containers that are intended for export only and are in fact exported are exempt provided they are clearly labeled as being for export only. Keep records for five years of all portable fuel containers that you manufacture for export. Any introduction into U.S. commerce of such portable fuel containers for any purpose other than export is considered to be a violation of § 59.602 by the manufacturer. You do not need to request this exemption. (b) Manufacturers and other persons subject to the prohibitions in § 59.602 may ask us to exempt portable fuel containers to purchase, sell, or distribute them for the sole purpose of testing them. (c) You may ask us to exempt portable fuel containers for the purpose of national security, as long as your request is endorsed by an agency of the federal government responsible for national defense. In your request, explain why you need the exemption. (d) You may ask us to exempt containers that are designed and marketed solely for rapidly refueling racing applications which are designed to create a leak proof seal with the target tank or are designed to connect with a receiver installed on the target tank. This exemption is generally intended for containers used to rapidly refuel a race car during a pit stop and similar containers. In your request, explain how why these containers are unlikely to be used for nonracing applications. We may limit these exemptions to those applications that are allowed to use gasoline exempted under 40 CFR 80.200(a). (e) EPA may impose reasonable conditions on any exemption, including a limit on the number of containers that are covered by an exemption. [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] § 59.662 What temporary provisions address hardship due to unusual circumstances? (a) After considering the circumstances, we may exempt you from the evaporative emission standards and requirements of § 59.611 of this subpart and the prohibitions and requirements of § 59.602 for specified portable fuel containers that do not comply with emission standards if all the following conditions apply: (1) Unusual circumstances that are clearly outside your control and that could not have been avoided with reasonable discretion prevent you from meeting requirements from this subpart. (2) You exercised prudent planning and were not able to avoid the violation; you have taken all reasonable steps to minimize the extent of the nonconformity. (3) Not having the exemption will jeopardize the solvency of your company. (4) No other allowances are available under the regulations in this chapter to avoid the impending violation, including the provisions of § 59.663. (b) To apply for an exemption, you must send the Designated Compliance Officer a written request as soon as possible before you are in violation. In your request, show that you meet all the conditions and requirements in paragraph (a) of this section. (c) Include in your request a plan showing how you will meet all the applicable requirements as quickly as possible. (d) You must give us other relevant information if we ask for it. (e) We may include reasonable additional conditions on an approval granted under this section, including provisions to recover or otherwise address the lost environmental benefit or paying fees to offset any economic gain resulting from the exemption. (f) We may approve renewable extensions of up to one year. We may review and revise an extension as reasonable under the circumstances. (g) Add a legible label, written in English, to a readily visible part of each container exempted under this section. This label must prominently include at least the following items: (1) Your corporate name and trademark. (2) The statement “EXEMPT UNDER 40 CFR 59.662.”. § 59.663 What are the provisions for extending compliance deadlines for manufacturers under hardship? (a) After considering the circumstances, we may extend the compliance deadline for you to meet new emission standards, as long as you meet all the conditions and requirements in this section. (b) To apply for an extension, you must send the Designated Compliance Officer a written request. In your request, show that all the following conditions and requirements apply: (1) You have taken all possible business, technical, and economic steps to comply. (2) Show that the burden of compliance costs prevents you from meeting the requirements of this subpart by the required compliance date. (3) Not having the exemption will jeopardize the solvency of your company. (4) No other allowances are available under the regulations in this subpart to avoid the impending violation. (c) In describing the steps you have taken to comply under paragraph (b)(1) of this section, include at least the following information: (1) Describe your business plan, showing the range of projects active or under consideration. (2) Describe your current and projected financial standing, with and without the burden of complying in full with the applicable regulations in this subpart by the required compliance date. (3) Describe your efforts to raise capital to comply with regulations in this subpart. (4) Identify the engineering and technical steps you have taken or plan to take to comply with regulations in this subpart. (5) Identify the level of compliance you can achieve. For example, you may be able to produce containers that meet a somewhat less stringent emission standard than the regulations in this subpart require. (d) Include in your request a plan showing how you will meet all the applicable requirements as quickly as possible. (e) You must give us other relevant information if we ask for it. (f) An authorized representative of your company must sign the request and include the statement: “All the information in this request is true and accurate, to the best of my knowledge.”. (g) Send your request for this extension at least nine months before the relevant deadline. (h) We may include reasonable requirements on an approval granted under this section, including provisions to recover or otherwise address the lost environmental benefit. For example, we may require that you meet a less stringent emission standard. (i) We may approve renewable extensions of up to one year. We may review and revise an extension as reasonable under the circumstances. (j) Add a permanent, legible label, written in English, to a readily visible part of each container exempted under this section. This label must prominently include at least the following items: (1) Your corporate name and trademark. (2) The statement “EXEMPT UNDER 40 CFR 59.663.”. § 59.664 What are the requirements for importing portable fuel containers into the United States? As specified in this section, we may require you to post a bond if you import into the United States containers that are subject to the standards of this subpart. See paragraph (f) of this section for the requirements related to importing containers that have been certified by someone else. (a) Prior to importing containers into the U.S., we may require you to post a bond to cover any potential compliance or enforcement actions under the Clean Air Act if you cannot demonstrate to us that you have assets of an appropriate liquidity readily available in the United States with a value equal to the retail value of the containers that you will import during the calendar year. (b) We may set the value of the bond up to five dollars per container. (c) You may meet the bond requirements of this section by obtaining a bond from a third-party surety that is cited in the U.S. Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” ( https://www.fiscal.treasury.gov/surety-bonds/circular-570.html (d) If you forfeit some or all of your bond in an enforcement action, you must post any appropriate bond for continuing importation within 90 days after you forfeit the bond amount. (e) You will forfeit the proceeds of the bond posted under this section if you need to satisfy any United States administrative final order or judicial judgment against you arising from your conduct in violation of this subpart. (f) This paragraph (f) applies if you import for resale containers that have been certified by someone else. You and the certificate holder are each responsible for compliance with the requirements of this subpart and the Clean Air Act. No bond is required under this section if either you or the certificate holder meet the conditions in paragraph (a) of this section. Otherwise, the importer must comply with the bond requirements of this section. [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] Definitions and Other Reference Information § 59.680 What definitions apply to this subpart? The following definitions apply to this subpart. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow: Act Adjustable parameter Certification Configuration Container Designated Compliance Officer Designated Enforcement Officer Emission-control system Emission-data unit Emission-related maintenance Emission family Evaporative Good engineering judgment Hydrocarbon (HC) Manufacture Manufacturer Nominal capacity Official emission result Portable fuel container Production period Revoke Round Suspend Total hydrocarbon Ultimate purchaser Ultraviolet light United States U.S.-directed production volume Useful life Void ab initio We (us, our) [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] § 59.685 What symbols, acronyms, and abbreviations does this subpart use? The following symbols, acronyms, and abbreviations apply to this subpart: CFR Code of Federal Regulations EPA Environmental Protection Agency HC hydrocarbon NIST National Institute of Standards and Technology THC total hydrocarbon U.S.C. United States Code § 59.695 What provisions apply to confidential information? The provisions of 40 CFR 1068.10 and 1068.11 apply for information you submit under this part. [88 FR 4471, Jan. 24, 2023] § 59.697 State actions. The provisions in this subpart do not preclude any State or any political subdivision of a State from: (a) Adopting and enforcing any emission standard or limitation applicable to anyone subject to the provisions of this part; or (b) 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. § 59.698 May EPA enter my facilities for inspections? (a) We may inspect your portable fuel containers, testing, manufacturing processes, storage facilities (including port facilities for imported containers or other relevant facilities), or records, as authorized by the Act, to enforce the provisions of this subpart. Inspectors will have authorizing credentials and will limit inspections to reasonable times—usually, normal operating hours. (b) If we come to inspect, we may or may not have a warrant or court order. (1) If we do not have a warrant or court order, you may deny us entry. (2) If we have a warrant or court order, you must allow us to enter the facility and carry out the activities it describes. (c) We may seek a warrant or court order authorizing an inspection described in this section, whether or not we first tried to get your permission to inspect. (d) We may select any facility to do any of the following: (1) Inspect and monitor any aspect of portable fuel container manufacturing, assembly, storage, or other procedures, and any facilities where you do them. (2) Inspect and monitor any aspect of test procedures or test-related activities, including test container selection, preparation, durability cycles, and maintenance and verification of your test equipment's calibration. (3) Inspect and copy records or documents related to assembling, storing, selecting, and testing a container. (4) Inspect and photograph any part or aspect of containers or components use for assembly. (e) You must give us reasonable help without charge during an inspection authorized by the Act. For example, you may need to help us arrange an inspection with the facility's managers, including clerical support, copying, and translation. You may also need to show us how the facility operates and answer other questions. If we ask in writing to see a particular employee at the inspection, you must ensure that he or she is present (legal counsel may accompany the employee). (f) If you have facilities in other countries, we expect you to locate them in places where local law does not keep us from inspecting as described in this section. We will not try to inspect if we learn that local law prohibits it, but we may suspend your certificate if we are not allowed to inspect. § 59.699 How do I request a hearing? (a) You may request a hearing under certain circumstances, as described elsewhere in this subpart. To do this, you must file a written request with the Designated Compliance Officer, including a description of your objection and any supporting data, within 30 days after we make a decision. (b) For a hearing you request under the provisions of this subpart, we will approve your request if we find that your request raises a substantial factual issue. (c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G.

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