[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: 40CFR59.407]

[Page 334]
 
                   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. 59.407  Recordkeeping requirements.

    (a) Each manufacturer and importer using the provisions of Sec. 
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 Sec. 59.406(a)(3) of this subpart for each recycled 
coating.
    (b) Each manufacturer and importer using the exceedance fee 
provisions in Sec. 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 Sec. 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 
Sec. 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 Sec. 59.404(b) of this subpart.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]

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