[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.201]

[Page 298-299]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER 
AND COMMERCIAL PRODUCTS--Table of Contents
 
  Subpart C_National Volatile Organic Compound Emission Standards for 
                            Consumer Products
 
Sec. 59.201  Applicability and designation of regulated entity.

    Source: 63 FR 48831, Sept. 11, 1998, unless other noted.


    (a) The provisions of the subpart apply to consumer products 
manufactured or imported on or after December 10, 1998 for sale or 
distribution in the United States.
    (b) The regulated entity is: the manufacturer or importer of the 
product; and any distributor that is named on the product label. The 
manufacturer or importer of the product is a regulated entity for 
purposes of compliance with the volatile organic compounds (VOC) content 
or emission limits in Sec. 49.203, regardless of whether the 
manufacturer or importer is named on the label or not. The distributor, 
if named on the label, is the regulated entity for purposes of 
compliance with all sections of this part except for Sec. 59.203. 
Distributors whose names do not appear on the label are not regulated 
entities. If no distributor is named on the label, then the manufacturer 
or importer is responsible for compliance with all sections of this 
part.
    (c) The provisions of this subpart do not apply to consumer products 
that meet the criteria specified in paragraph (c)(1) through (c)(7) of 
this section.
    (1) Any consumer product manufacturer in the United States for 
shipment and use outside of the United States.
    (2) Insecticides and air fresheners containing at least 98-percent 
paradichlorobenzene or at least 98-percent naphthalene.
    (3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.
    (4) Bait station insecticides. For the purpose of this subpart, bait 
station insecticides are containers enclosing an insecticidal bait that 
does not weigh

[[Page 299]]

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 Sec. Sec. 
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.