[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: 40CFR59.408]

[Page 335-336]
 
                   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. 59.408  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 Sec. 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 Sec. 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 Sec. 
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 Sec. 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 Sec. 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 Sec. 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 Sec. 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.

[[Page 336]]

    (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 Sec. 59.404(b) of this subpart.

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