[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: 40CFR59.403]
[Page 330-331]
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 D_National Volatile Organic Compound Emission Standards for
Architectural Coatings
Sec. 59.403 Exceedance fees.
(a) Except as provided in Sec. 59.404 of this subpart, each
manufacturer and importer of any architectural coating subject to the
provisions of this subpart may exceed the applicable VOC content limit
in table 1 of this subpart for the coating if the manufacturer or
importer pays an annual exceedance fee. The exceedance fee must be
calculated using the procedures in paragraphs (b) and (c) of this
section.
(b) The exceedance fee paid by a manufacturer or importer, which is
equal to the sum of the applicable exceedance fees for all coatings,
must be calculated using equation 1 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.014
Where:
Annual Exceedance Fee=The total annual exceedance fee for a manufacturer
or importer, in dollars.
Coating Feec=The annual exceedance fee for each coating (c),
for which a fee applies, in dollars.
n=number of coatings to which a fee applies.
(c) The exceedance fee to be paid for each coating must be
determined using equation 2 as follows:
[[Page 331]]
[GRAPHIC] [TIFF OMITTED] TR11SE98.015
Where:
Fee Rate = The rate of $0.0028 per gram of excess VOC.
Excess VOC = The VOC content of the coating, or adjusted VOC content of
a recycled coating (if applicable), in grams of VOC per liter of
coating, minus the applicable VOC content limit from table 1 of this
subpart (that is, VOC content of the coating minus VOC content limit).
Volume Manufactured or Imported = The volume of the coating manufactured
or imported per year, in liters, including the volume of any water and
exempt compounds and excluding the volume of any colorant added to tint
bases. Any volume for which a tonnage exemption is claimed under Sec.
59.404 of this subpart is also excluded.
(d) The exceedance fee shall be submitted to EPA by March 1
following the calendar year in which the coatings are manufactured or
imported and shall be sent to the address provided in Sec. 59.409(b).
[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at
65 FR 7737, Feb. 16, 2000]