[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: 40CFR59.402]

[Page 323-324]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND 
 
  Subpart D_National Volatile Organic Compound Emission Standards for 
 
Sec. 59.402  VOC content limits.

    (a) Each manufacturer and importer of any architectural coating 
subject to this subpart shall ensure that the VOC content of the coating 
does not exceed the applicable limit in table 1 of this subpart, except 
as provided in Sec. Sec. 59.403 and 59.404 of this subpart. Compliance 
with the VOC content limits will be determined based on the VOC content, 
as expressed in metric units.
    (b) Except as provided in paragraph (c) of this section, if anywhere 
on the container of any architectural coating, or any label or sticker 
affixed to the container, or in any sales, advertising, or technical 
literature supplied by a manufacturer or importer or anyone acting on 
their behalf, any representation is made that indicates that the coating 
meets the definition of more than one of the coating categories listed 
in table 1 of this subpart, then the most restrictive VOC content limit 
shall apply.
    (c) The provision in paragraph (b) of this section does not apply to 
the coatings described in paragraphs (c)(1) through (c)(15) of this 
section.
    (1) High temperature coatings that also meet the definition for 
metallic pigmented coatings are subject only to the VOC content limit in 
table 1 of this subpart for high temperature coatings.
    (2) Lacquer coatings (including lacquer sanding sealers) that are 
also recommended for use in other architectural coating applications to 
wood, except as stains, are subject only to the VOC content limit in 
table 1 of this subpart for lacquers.
    (3) Metallic pigmented coatings that also meet the definition for 
roof coatings, industrial maintenance coatings, or primers are subject 
only to the VOC content limit in table 1 of this subpart for metallic 
pigmented coatings.
    (4) Shellacs that also meet the definition for any other 
architectural coating are subject only to the VOC content limit in table 
1 of this subpart for shellacs.
    (5) Fire-retardant/resistive coatings that also meet the definition 
for any other architectural coating are subject only to the VOC content 
limit in table 1 of this subpart for fire-retardant/resistive coatings.
    (6) Pretreatment wash primers that also meet the definition for 
primers or that meet the definition for industrial maintenance coatings 
are subject only to the VOC content limit in table 1 of this subpart for 
pretreatment wash primers.
    (7) Industrial maintenance coatings that also meet the definition 
for primers, sealers, undercoaters, or mastic

[[Page 324]]

texture coatings are subject only to the VOC content limit in table 1 of 
this subpart for industrial maintenance coatings.
    (8) Varnishes and conversion varnishes that also meet the definition 
for floor coatings are subject only to the VOC content limit in table 1 
of this subpart for varnishes and conversion varnishes, respectively.
    (9) Anti-graffiti coatings, high temperature coatings, impacted 
immersion coatings, thermoplastic rubber coatings and mastics, repair 
and maintenance thermoplastic coatings, and flow coatings that also meet 
the definition for industrial maintenance coatings are subject only to 
the VOC content limit in table 1 of this subpart for their respective 
categories (i.e., they are not subject to the industrial maintenance 
coatings VOC content limit in table 1 of this subpart).
    (10) Waterproofing sealers and treatments that also meet the 
definition for quick-dry sealers are subject only to the VOC content 
limit in table 1 of this subpart for waterproofing sealers and 
treatments.
    (11) Sanding sealers that also meet the definition for quick-dry 
sealers are subject only to the VOC content limit in table 1 of this 
subpart for sanding sealers.
    (12) Nonferrous ornamental metal lacquers and surface protectants 
that also meet the definition for lacquers are subject only to the VOC 
content limit in table 1 of this subpart for nonferrous ornamental metal 
lacquers and surface protectants.
    (13) Quick-dry primers, sealers, and undercoaters that also meet the 
definition for primers, sealers, or undercoaters are subject only to the 
VOC content limit in table 1 of this subpart for quick-dry primers, 
sealers, and undercoaters.
    (14) Antenna coatings that also meet the definition for industrial 
maintenance coatings or primers are subject only to the VOC content 
limit in table 1 of this subpart for antenna coatings.
    (15) Bituminous coatings and mastics that also meet the definition 
for any other architectural coatings are subject only to the VOC content 
limit in table 1 of this subpart for bituminous coatings and mastics.
    (16) Zone marking coatings that also meet the definition for traffic 
marking coatings are subject only to the VOC content limit in table 1 of 
this subpart for zone marking coatings.
    (17) Rust preventative coatings that also meet the definition for 
primers or undercoaters are subject only to the VOC content limit in 
table 1 of this subpart for rust preventative coatings.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]