[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.104]

[Page 289-290]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND 
 
  Subpart B_National Volatile Organic Compound Emission Standards for 
 
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 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

[[Page 290]]

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 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]