[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: 40CFR59.204]
[Page 304-305]
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 C--National Volatile Organic Compound Emission Standards for
Consumer Products
Sec. 59.204 Innovative product provisions.
(a) Upon notification to the Administrator, a consumer product that
is subject to this subpart may exceed the applicable limit in table 1 or
2 of this subpart if the regulated entity demonstrates that, due to some
characteristic of the product formulation, design, delivery systems, or
other factors, the use of the product will result in equal or less VOC
emissions that specified in paragraph (a)(1) or (a)(2) of this section.
(1) The VOC emissions from a representative consumer product, as
described in Sec. 59.202, that complies with the VOC standards specified
in Sec. 59.203(a); or
(2) The calculated VOC emissions from a noncomplying representative
product, if the product had been reformulated to comply with the VOC
standards specified in Sec. 59.203(a). The VOC emissions shall be
calculated by using Equation 1.
[GRAPHIC] [TIFF OMITTED] TR11SE98.002
Where
ER=The VOC emissions from the noncomplying representative
product, had it been reformulated.
ENC=The VOC emissions from the noncomplying representative
product in its current formulation.
VOCSTD=The VOC standard specified in Sec. 59.203(a).
VOCNC=The VOC content of the noncomplying product in its
current formulation.
(b) If a regulated entity demonstrates to the satisfaction of the
Administrator that the equation in paragraph (a)(2) of the this section
yields inaccurate results due to some characteristic of the product
formulation or other factors, an alternate method that accurately
calculates emissions may be used upon approval of the Administrator.
(c) A regulated entity shall notify the Administrator in writing of
its intent to enter into the market an innovative product meeting the
requirements of paragraph (a) of this section. The Administrator must
receive the written notification by the time the innovative product is
available for sale or distribution to consumers. Notification shall
include the information specified in paragraph (c)(1) and (c)(2) of this
section.
(1) Supporting documentation that demonstrates the emissions from
the innovate product, including the actual physical test methods used to
generate the data and, if necessary, the consumer testing undertaken to
document product usage;
(2) Any information necessary to enable the Administrator to
establish enforceable conditions for the innovative product, including
the VOC content of the innovative product expressed as a weight-
percentage, and test methods for determining the VOC content.
(d) At the option of the regulated entity, the regulated entity may
submit
[[Page 305]]
a written request for the Administrator's written concurrence that the
innovative product fulfills the requirements of paragraph (a) of this
section. If such a request is made, the Administrator will respond as
specified in paragraphs (d)(1) through (d)(3) of this section.
(1) The Administrator will determine within 30 days of receipt
whether the documentation submitted in accordance with paragraph (d) of
this section is complete.
(2) The Administrator will determine whether the innovative product
shall be exempt from the requirements of Sec. 59.203(a) within 90 days
after an application has been deemed complete. The applicant and the
Administrator may mutually agree to a longer time period for reaching a
decision, and additional supporting documentation may be submitted by
the applicant before a decision has been reached. The Administrator will
notify the applicant of the decision in writing and specify such terms
and conditions that are necessary to insure that emissions from the
product will meet the emissions reductions specified in paragraph (a) of
this section, and that such emissions reductions can be enforced.
(3) If an applicant has been granted an exemption to a State or
local regulation for an innovative product by a State or local agency
whose criteria for exemption meet or exceed those provided for in this
section, the applicant may submit the factual basis for such an
exemption as part of the documentation required under paragraph (d) of
this section. In such case, the Administrator will make the
determination required under this paragraph within 45 days after the
applications is considered complete.
(e) In granting an exemption for a product, the Administrator will
establish conditions that are enforceable. These conditions may include
the VOC content of the innovative product, dispensing rates, application
rates, and any other parameters determined by the Administrator to be
necessary. The Administrator will also specify the test methods for
determining conformance to the conditions established, including
criteria for reproducibility, accuracy, and sampling and laboratory
procedures.
(f) For any product for which an exemption has been granted pursuant
to this section, the regulated entity to whom the exemption was granted
shall notify the Administrator in writing within 30 days after any
change in the product formulation or recommended product usage
directions, and shall also notify the Administrator within 30 days after
the regulated entity learns of any information that would alter the
emissions estimates submitted to the Administrator in support of the
exemption application.
(g) If lower VOC content limits are promulgated for a product
category through any subsequent rulemaking, all exemptions granted under
this section for products in the product category shall no longer apply
unless the innovative product has been demonstrated to have VOC
emissions less than the applicable revised VOC content limits.
(h) If the Administrator determines that a consumer product for
which an exemption has been granted no longer meets the VOC emissions
criteria specified in paragraph (a) of this section for an innovative
product, the Administrator may modify or revoke the exemption as
necessary to assure that the product will meet these criteria. The
Administrator will not modify or revoke an exemption without first
affording the applicant an opportunity for a public hearing to determine
if the exemption should be modified or revoked.
[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]