[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: 40CFR59.403]

[Page 329-330]
 
                   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. 59.403  Exceedance fees.

    (a) Except as provided in Sec. 59.404 of this subpart, each 
manufacturer and importer of any architectural coating subject to the 
provisions of this subpart may exceed the applicable VOC content limit 
in table 1 of this subpart for the coating if the manufacturer or 
importer pays an annual exceedance fee. The exceedance fee must be 
calculated using the procedures in paragraphs (b) and (c) of this 
section.
    (b) The exceedance fee paid by a manufacturer or importer, which is 
equal to the sum of the applicable exceedance fees for all coatings, 
must be calculated using equation 1 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.014

Where:

Annual Exceedance Fee=The total annual exceedance fee for a manufacturer 
or importer, in dollars.
Coating Feec=The annual exceedance fee for each coating (c), 
for which a fee applies, in dollars.
n=number of coatings to which a fee applies.

    (c) The exceedance fee to be paid for each coating must be 
determined using equation 2 as follows:

[[Page 330]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.015

Where:

Fee Rate = The rate of $0.0028 per gram of excess VOC.
Excess VOC = The VOC content of the coating, or adjusted VOC content of 
a recycled coating (if applicable), in grams of VOC per liter of 
coating, minus the applicable VOC content limit from table 1 of this 
subpart (that is, VOC content of the coating minus VOC content limit).
Volume Manufactured or Imported = The volume of the coating manufactured 
or imported per year, in liters, including the volume of any water and 
exempt compounds and excluding the volume of any colorant added to tint 
bases. Any volume for which a tonnage exemption is claimed under 
Sec. 59.404 of this subpart is also excluded.

    (d) The exceedance fee shall be submitted to EPA by March 1 
following the calendar year in which the coatings are manufactured or 
imported and shall be sent to the address provided in Sec. 59.409(b).

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 
65 FR 7737, Feb. 16, 2000]