[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: 40CFR59.406]

[Page 331-333]
 
                   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. 59.406  Compliance provisions.

    (a) For the purpose of determining compliance with the VOC content 
limits in table 1 of this subpart, each manufacturer and importer shall 
determine the VOC content of a coating using the procedures described in 
paragraph (a)(1), (a)(2), or (a)(3) of this section, as appropriate. The 
VOC content of a tint base shall be determined without colorant that is 
added after the tint base is manufactured or imported.
    (1) With the exception of low solids stains and low solids wood 
preservatives, determine the VOC content in grams of VOC per liter of 
coating thinned to the manufacturer's maximum recommendation, excluding 
the volume of any water and exempt compounds. Calculate the VOC content 
using equation 5 as follows:

[[Page 332]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.018

Where:

VOC content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters

    (2) For low solids stains and low solids wood preservatives, 
determine the VOC content in units of grams of VOC per liter of coating 
thinned to the manufacturer's maximum recommendation, including the 
volume of any water and exempt compounds. Calculate the VOC content 
using equation 6 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.019

Where:

VOC content 1s = the VOC content of a low solids coating in 
grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters

    (3) For recycled coatings, the manufacturer or importer has the 
option of calculating an adjusted VOC content to account for the post-
consumer coating content. If this option is used, the manufacturer or 
importer shall determine the adjusted VOC content using equations 7 and 
8 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.020

Where:

Adjusted VOC content = The VOC content assigned to the recycled coating 
for purposes of complying with the VOC content limits in table 1 of this 
subpart.
Actual VOC content = The VOC content of the coating as determined using 
equation 5 in paragraph (a)(1) of this section.
Percent Post-consumer Coating = The volume percent of a recycled coating 
that is post-consumer coating materials (as determined in equation 8)
[GRAPHIC] [TIFF OMITTED] TR11SE98.021

Where:

Percent Post-consumer Coating = The volume percent of a recycled coating 
that is post-consumer coating materials.
Volume of Post-consumer Coating = The volume, in liters, of post-
consumer coating materials used in the production of a recycled coating.
Volume of Virgin Materials = The volume, in liters, of virgin coating 
materials used in the production of a recycled coating.

    (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 paragraphs (c) and (d) of this section. To determine the VOC 
content of a coating, the manufacturer or importer may use Method 24 of 
appendix A of 40 CFR part 60, an alternative method as provided in 
paragraph (c) of this section, formulation data, 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, except as provided in paragraph (c) of this section. The 
Administrator may

[[Page 333]]

require the manufacturer or importer to conduct a Method 24 analysis.
    (c) The Administrator may approve, on a case-by-case basis, a 
manufacturer's or importer'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 of determining compliance with 
this subpart.
    (d) Analysis of methacrylate multicomponent coatings used as traffic 
marking coatings shall be conducted according to the procedures 
specified in appendix A to this subpart. Appendix A to this subpart is a 
modification of Method 24 of appendix A of 40 CFR part 60. The 
modification of Method 24 provided in appendix A to this subpart has not 
been approved for methacrylate multicomponent coatings used for other 
purposes than as traffic marking coatings or for other classes of 
multicomponent coatings.
    (e) The Administrator may determine a manufacturer's or importer's 
compliance with the provisions of this subpart based on information 
required by this subpart (including the records and reports required by 
Secs. 59.407 and 59.408 of this subpart) or any other information 
available to the Administrator.