[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: 40CFR59.209]

[Page 313-314]
 
                   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. 59.209  Recordkeeping and reporting requirements.

    (a) The distributor that is named on the product label shall 
maintain the records specified in paragraphs (a)(1) and (a)(2) of this 
section, unless the manufacturer or importer has submitted to the 
Administrator a written certification that the manufacturer or importer 
will maintain the records for the distributor in accordance with 
paragraph (a)(3) of this section. If no distributor is named on the 
label, the manufacturer or importer must maintain the specified records. 
The records must be retained for at least 3 years and must be in a form 
suitable and readily available for inspection and review.
    (1) Records or formulations being manufactured or imported on or 
after December 10, 1998 for all consumer products subject to 
Sec. 59.213(a), or December 10, 1999 for all consumer products subject 
to Sec. 59.203(c) and
    (2) Accurate records for each batch of production, starting on 
December 10, 1998 for all consumer products subject to Sec. 59.203(a) or 
December 10, 1999 for all consumer products subject to

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Sec. 59.203(c), of the weight-percent and chemical composition of the 
individual product constituents.
    (3) By providing this written certification to the Administrator, 
the certifying manufacturer accepts responsibility for compliance with 
the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this 
section with respect to any products covered by the written 
certification. Failure to maintain the required records may result in 
enforcement action by the EPA against the certifying manufacturer in 
accordance with the enforcement provisions applicable to violations of 
these provisions by regulated entities. The certifying manufacturer may 
revoke the written certification by sending a written statement to the 
Administrator and the regulated entity giving at least 90 days notice 
that the certifying manufacturer is rescinding acceptance of 
responsibility for compliance with the recordkeeping requirements listed 
in this paragraph. Upon expiration of the notice period, the regulated 
entity must assume responsibility for maintaining the records specified 
in this paragraph. Written certifications and revocation statements, to 
the Administrator from the certifying manufacturer shall be signed by 
the responsible official of the certifying manufacturer, provide the 
name and address of the certifying manufacturer, and be sent to the 
appropriate EPA Regional Office at the addresses listed in Sec. 59.210 
of this subpart. Such written certifications are not transferable by the 
manufacturer.
    (b) If requested by the Administrator, product VOC content must be 
demonstrated to the Administrator's satisfaction to comply with the VOC 
content limits presented in Sec. 59.203(a).
    (c) Each manufacturer or importer subject to the provisions of 
Sec. 59.203(d) shall maintain records specified in either paragraph 
(c)(1) or (c)(2) of this section for each charcoal lighter material.
    (1) Test report from each certification test performed as specified 
in Sec. 59.208(b) and all information and data specified in 
Sec. 59.208(l); or
    (2) Records of emission testing, which was performed by a method 
determined by the Administrator to be an acceptable alternative to that 
described in Sec. 59.208, previously submitted to a State or local 
regulatory agency.
    (d) The distributor that is named on the product label, or if no 
distributor is named on the label, the manufacturer or importer, shall 
submit by the applicable compliance date, or within 30 days after 
becoming a regulated entity, a one-time Initial Notification Report 
including the information specified in paragraphs (d)(1) through (d)(5) 
of this section.
    (1) Company name;
    (2) Name, title, phone number, address, and signature or certifying 
company official;
    (3) A list of product categories and subcategories subject to 
Sec. 59.203 for which the company is currently the regulated entity;
    (4) A description of date coding systems, clearly explaining how the 
date of manufacture is marked on each sales unit of subject consumer 
products; and
    (5) The name and location of the designated recordkeeping agent, if 
the records specified in paragraphs (a)(1) and (a)(2) are to be 
maintained by the manufacturer.
    (e) If a regulated entity changes the date coding system reported 
according to paragraph (d)(4) of this section, the regulated entity 
shall notify the Administrator of such changes within 30 days following 
the change.
    (f) If requested by the Administrator, the following information 
shall be made available within 30 days after receiving the request:
    (1) Location of facility(ies) manufacturing, importing, or 
distributing subject consumer products;
    (2) A list of product categories and subcategories, as found in 
tables 1 and 2 of this subpart, that are manufactured, imported, or 
distributed at each facility; and
    (3) Location where VOC content records are kept for each subject 
consumer product.
    (g) Each manufacturer or importer subject to the innovative product 
provisions in Sec. 49.204 shall submit notifications as indicated in 
Sec. 59.204(d) and (e).

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