[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.104]
[Page 293-295]
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 B--National Volatile Organic Compound Emission Standards for
Automobile Refinish Coatings
Sec. 59.104 Compliance provisions.
(a) For the purpose of determining compliance with the VOC content
limits in Sec. 59.102(a) of this subpart, each regulated entity shall
determine the VOC content of a coating using the procedures described in
paragraph (a)(1) or (a)(2) of this section, as appropriate.
(1) Determine the VOC content in grams of VOC per liter of coating
prepared for application according to its
[[Page 294]]
mixing instructions, excluding the volume of any water or exempt
compounds. VOC content shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR11SE98.000
Where:
VOC content = grams of VOC per liter of coating;
Wv = mass of total volatiles, in grams;
Ww = mass of water, in grams;
Wec = mass of exempt compounds, in grams;
V = volume of coating, in liters;
Vw = volume of water, in liters; and
Vec = volume of exempt compounds, in liters.
(2) The VOC content of a multi-stage topcoat shall be calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TN23NO98.000
Where:
VOCmulti = VOC content of a multi-stage topcoat, in grams of
VOC per liter of coating;
VOCbc = VOC content of the basecoat, as determined in
paragraph (a)(1) or (f) of this section;
VOCmci = VOC content of midcoat i, as determined in paragraph
(a)(1) or (f) of this section;
VOCcc = VOC content of the clearcoat, as determined in
paragraph (a)(1) or (f) of this section; and
M = Number of midcoats.
(b) To determine the composition of a coating in order to perform
the calculations in paragraph (a) of this section, the reference method
for VOC content is Method 24 of appendix A of 40 CFR part 60, except as
provided in paragraph (f) of this section. To determine the VOC content
of a coating, the regulated entity may use Method 24 of appendix A of 40
CFR part 60, an alternative method as provided in paragraph (f) of this
section, or any other reasonable means for predicting that the coating
has been formulated as intended (e.g., quality assurance checks,
recordkeeping). However, if there are any inconsistencies between the
results of a Method 24 test and any other means for determining VOC
content, the Method 24 test results will govern. The Administrator may
require the regulated to conduct a Method 24 analysis.
(c) If a regulated entity recommends that its coating component(s)
be combined with coating components of another regulated entity, and if
the coating resulting from such a combination does not comply with the
VOC content limit in Sec. 59.102 (a) of this subpart, then the former
regulated entity is out of compliance, unless the entity submits Method
24 data to the Administrator demonstrating that its recommended
combination of coating components meets the VOC content limit in
Sec. 59.102(a). If the latter regulated entity does not make the
recommendation of such use of the coating components, then that entity
is not out of compliance for purposes of that resulting coating.
(d) Pretreatment wash primers: Except as provided in paragraph (f)
of this section, the acid weight percent of pretreatment wash primers
must be determined using the American Society for Testing and Materials
Test Method D 1613-96 (incorporated by reference in Sec. 59.110). If the
pigment in a pretreatment wash primer prevents the use of this test
method for determining the acid weight percent of the coating, then the
test method shall be used for the nonpigmented component of the coating,
and the acid weight percent shall be calculated based on the acid
content of the nonpigmented component and the mixing ratio of the
nonpigmented component to the remaining components recommended by the
regulated entity.
(e) Low-gloss coatings: Except as provided in paragraph (f) of this
section, the gloss reading of low-gloss coatings must be determined
using the American Society for Testing and Materials Test Method D 523-
89 (incorporated by reference in Sec. 59.110).
(f) The Administrator may approve, on a case-by-case basis, a
regulated entity's use of an alternative method in lieu of Method 24 for
determining the VOC content of coatings if the alternative method is
demonstrated to the Administrator's satisfaction to provide results that
are acceptable for purposes
[[Page 295]]
of determining compliance with this subpart.
(g) The Administrator may determine a regulated entity's compliance
with the provisions of this subpart based on information required by
this subpart or any other information available to the Administrator.
[63 FR 48815, Sept. 11, 1998; 63 FR 64761, Nov. 23, 1998]