[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: 40CFR59.404]

[Page 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. 59.404  Tonnage exemption.

    (a) Each manufacturer and importer of any architectural coating 
subject to the provisions of this subpart may designate a limited 
quantity of coatings to be exempt from the VOC content limits in table 1 
of this subpart and the exceedance fee provisions of Sec. 59.403 of 
this subpart, provided all of the requirements in paragraphs (a)(1) 
through (a)(4) of this section are met.
    (1) The total amount of VOC contained in all the coatings selected 
for exemption must be equal to or less than 23 megagrams (25 tons) for 
the period of time from September 13, 1999 through December 31, 2000; 18 
megagrams (20 tons) in the year 2001; and 9 megagams (10 tons) per year 
in the year 2002 and each subsequent year. The amount of VOC contained 
in each coating shall be calculated using the procedure in paragraph (b) 
of this section. Compliance with the tonnage exemption will be 
determined based on the amount of VOC, as expressed in metric units.
    (2) The container labeling requirements of Sec. 59.405 of this 
subpart.
    (3) The recordkeeping requirements of Sec. 59.407(c) of this 
subpart.
    (4) The reporting requirements of Sec. 59.408(b) and (e) of this 
subpart.
    (b) Each manufacturer and importer choosing to use the exemption 
described in paragraph (a) of this section must use equations 3 and 4 to 
calculate the total amount of VOC for each time period the exemption is 
elected. The VOC amount shall be determined without colorant that is 
added after the tint base is manufactured or imported.
[GRAPHIC] [TIFF OMITTED] TR11SE98.016

Where:

Total VOC = Total megagrams of VOC contained in all coatings being 
claimed under the exemption.
VOCc = Megagrams of VOC, for each coating (c) claimed under 
the exemption, as computed by equation 4.
n = Number of coatings for which exemption is claimed.
[GRAPHIC] [TIFF OMITTED] TR11SE98.017

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]

[[Page 332]]