[Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
[Proposed Rules]
[Pages 46410-46417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22266]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 59
[AD-FRL-5604-1]
National Volatile Organic Compound Emission Standards for
Architectural Coatings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of public comment period.
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SUMMARY: The EPA is publishing the proposed regulatory text and
extending the public comment period for the proposed National Volatile
Organic Emission Standards for Architectural Coatings. As initially
published in the Federal Register on June 25, 1996 (61 FR 32729),
written comments on the proposed rule were to be submitted to the EPA
on or before August 30, 1996 (a 60-day public comment period). The
public comment period is being extended and will end on September 30,
1996.
Two errors in the proposed rule are being corrected in this notice,
and the text of the corrected proposed rule is printed herein for the
convenience of interested parties.
In addition, this document discusses the definition of ``small
entity'' used to evaluate impacts under the Regulatory Flexibility Act
since it is different than the definition used by the Small Business
Administration (SBA). The EPA requests comments on this alternative
definition.
DATES: Written comments must be submitted by September 30, 1996.
ADDRESSES: Comments. Comments should be submitted (in duplicate) to:
Air and Radiation Docket and Information Center (6102), Attention:
Docket No. A-92-18, U.S. Environmental Protection Agency, 401 M Street,
SW, Washington, DC 20460. Comments and data may also be submitted
electronically by sending electronic mail (e-mail) to: docket@epamail.epa.gov. Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on diskette in
WordPerfect 5.1 file format or ASCII file format. All comments and data
in electronic form must be identified by the docket number A-92-18. No
Confidential Business Information (CBI) should be submitted through e-
mail.
Docket. The proposed regulatory text and other materials related to
this rulemaking, excepting any information claimed as CBI, are
available for public review. This public record has been established
for the rulemaking under Docket No. A-92-18 and contains supporting
information used in developing the proposed rule. The docket, including
paper versions of electronic comments, is available for public
inspection and copying between 8:30 a.m. and 5:30 p.m., Monday through
Friday, at the U.S. Environmental Protection Agency Air and Radiation
Docket and Information Center (6102), Waterside Mall, Room M1500, 401 M
Street, SW, Washington, DC 20460; telephone number (202) 260-7548, FAX
(202) 260-4400. A reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Ducey, Coatings and Consumer
Products Group, Emission Standards Division (MD-13), U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-5408.
SUPPLEMENTARY INFORMATION: On June 25, 1996, at 61 FR 32729, the EPA
published the proposed National Volatile Organic Compound Emission
Standards for Architectural Coatings and provided a 60-day public
comment period. Requests have been received to extend the public
comment period beyond the 60 days originally provided. In consideration
of these requests, some of which were from small businesses that will
be affected by the rule, the EPA is extending the comment period by 30
days (until September 30, 1996), in order to give all interested
persons the opportunity to comment fully.
The proposed rule text is included in this notice to enhance its
availability to commenters. Corrections of two errors in the previous
version of the rule text are highlighted below.
The first correction is in the definition of volatile organic
compound (VOC) content in Section 59.401. Both Equation 1 and Equation
2 define the term Ws. This term is used to represent ``the weight
of volatiles, in grams.'' In the previous version of the proposed rule,
it was incorrectly defined as ``the weight of VOC, in grams.'' The
EPA's Method 24--Determination of volatile matter content, water
content, density, volume solids, and weight solids of surface coatings
details the standard methods used to determine the VOC content of a
coating, including the volatile content of coatings.
The second correction is in Section 59.403 which details container
labeling requirements. The error in the rule text
[[Page 46411]]
was in paragraph (a)(3), which describes the VOC content type of
information that must be on the label. The incorrect portion of the
proposed rule text required the label to include a statement of the VOC
content in the container. This is being corrected to specify that the
VOC content statement on the label shall refer to the maximum VOC
content of the coating in the container, displayed in units of grams of
VOC per liter of coating thinned to the manufacturer's recommendation,
excluding the volume of any water, exempt compounds, or colorant added
to tint bases.
Information on the label about the maximum VOC content of the
coating may not allow consumers to compare VOC contents of different
coatings. This is because manufacturers would tend to specify on the
label that the maximum VOC content of the coating is the applicable
standard. Use of a maximum VOC content on the label that is well above
the actual VOC content of the coating would allow a manufacturer to
account for fluctuations in VOC content of the coating due to batch
variation, as well as formulation modifications without requiring a
label change to reflect the actual VOC content adjustment. The EPA
requests comment on whether consumers would benefit from a VOC labeling
requirement that more accurately reflects the actual VOC content of the
coating. For example, the requirement could specify that the VOC
content of the coating must be within 75 grams of the VOC content on
the label. Alternatively, the EPA requests comment on the use of a
label which would specify ``this coating meets all applicable State and
Federal VOC requirements.''
Request for Comment on Definition of Small Business
The Regulatory Flexibility Act of 1980 requires special
consideration of the effect of Federal regulations on small entities.
Results of the initial regulatory flexibility analysis were summarized
in Section VII.D of the June 25, 1996 Federal Register notice for the
architectural coatings proposed rule. Docket No. A-92-18 contains the
complete initial regulatory flexibility analysis.
To conduct a regulatory flexibility analysis, small entities may be
defined using the criteria prescribed in the Regulatory Flexibility Act
or some other criteria identified by the EPA. The SBA's general size
standard definitions for Standard Industrial Classification (SIC) codes
is one way to define small businesses. These size standards are
presented either by number of employees or by annual receipt levels,
depending on the SIC code. For SIC 2851, Paint and Allied Products, the
SBA defines small business as fewer than 500 employees. Because the
coating manufacturing industry is not labor intensive, a revenue value
cut-off rather than a number of employees cut-off appears to be a
better measure to reflect the ability of a manufacturer to devote time
as well as research and development resources to meet regulation
requirements. Based on input from stakeholders, the EPA has defined
small manufacturers as having less than $10 million in annual
architectural coating sales and less than $50 million in total annual
sales of all products. Using this alternative definition, between 70
and 85 percent of the architectural coating industry would be
classified as small. The EPA requests comment on use of this
alternative definition to identify small entities under the Regulatory
Flexibility Act.
List of Subjects in 40 CFR Part 59
Environmental protection, Air pollution control, Architectural
coatings, Ozone, Volatile organic compound.
Dated: August 23, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, it is proposed that 40 CFR
Part 59 be added consisting of subpart D to read as follows:
PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR
CONSUMER AND COMMERCIAL PRODUCTS
Subpart D--National Volatile Organic Compound Emission Standards for
Architectural Coatings
Secs.
59.400 Applicability and designation of source.
59.401 Definitions.
59.402 Standards.
59.403 Container labeling requirements.
59.404 Test methods.
59.405 Recordkeeping requirements.
59.406 Reporting requirements.
59.407 Variances.
Authority: 42 U.S.C. 7401 et seq.
Subpart D--National Volatile Organic Compound Emission Standards
for Architectural Coatings
Sec. 59.400 Applicability and designation of source.
(a) The provisions of this subpart apply to architectural coatings
manufactured or imported on or after April 1, 1997 for sale or
distribution in the United States.
(b) The provisions of this subpart apply to each manufacturer or
importer of architectural coatings that sells or distributes these
coatings in the United States.
(c) The provisions of this subpart do not apply to architectural
coatings meeting the requirements in paragraphs (c)(1), (c)(2), (c)(3),
(c)(4), or (c)(5) of this section.
(1) Coatings that are manufactured exclusively for sale or
distribution outside the United States.
(2) Coatings that are manufactured or imported prior to April 1,
1997.
(3) Coatings that are sold in nonrefillable aerosol containers.
(4) Coatings that are collected and redistributed at community-
based paint exchanges.
(5) Coatings that are sold in containers with a volume of one liter
or less.
Sec. 59.401 Definitions.
Administrator means the Administrator of the United States
Environmental Protection Agency (U.S. EPA) or his or her authorized
representative.
Antenna coating means a coating formulated and recommended for
application to equipment and associated structural appurtenances that
are used to receive or transmit electromagnetic signals.
Anti-fouling coating means a coating formulated and recommended for
application to submerged stationary structures and their appurtenances
to prevent or reduce the attachment of marine or freshwater biological
organisms, including, but not limited to, coatings registered with the
EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136, et seq.) and nontoxic foul-release coatings.
Anti-graffiti coating means a clear or opaque high performance
coating specifically labeled as an anti-graffiti coating and formulated
and recommended for application to interior and exterior walls, doors,
partitions, fences, signs, and murals to deter adhesion of graffiti and
to resist repeated scrubbing and exposure to harsh solvents, cleansers,
or scouring agents used to remove graffiti.
Appurtenance means any accessory to a stationary structure, whether
installed or detached at the proximate site of installation, including
but not limited to: bathroom and kitchen fixtures; cabinets; concrete
forms; doors; elevators; fences; hand railings; heating equipment, air
conditioning equipment, and other fixed mechanical equipment or
stationary tools; lamp posts;
[[Page 46412]]
partitions; pipes and piping systems; rain gutters and downspouts;
stairways, fixed ladders, catwalks, and fire escapes; and window
screens.
Architectural coating means a coating recommended for field
application to stationary structures and their appurtenances, to
portable buildings, to pavements, or to curbs.
Architectural coating importer or importer means a company, group,
or individual that brings architectural coatings from a location
outside the United States into the United States for sale or
distribution within the United States.
Architectural coating manufacturer or manufacturer means a company,
group, or individual that produces, packages, or repackages
architectural coatings for sale or distribution in the United States. A
company, group, or individual that repackages architectural coatings as
part of a community-based paint exchange, and does not produce,
package, or repackage any other architectural coatings for sale or
distribution in the United States, is excluded from this definition.
Below-ground wood preservative means a coating that is formulated
and recommended to protect below-ground wood from decay or insect
attack and that is registered with the EPA under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.).
Bituminous coating and mastic means a coating or mastic formulated
and recommended for roofing, pavement sealing, or waterproofing that
incorporates bitumens. Bitumens are black or brown materials including,
but not limited to, asphalt, tar, pitch, and asphaltite that are
soluble in carbon disulfide, consist mainly of hydrocarbons, and are
obtained from natural deposits of asphalt or as residues from the
distillation of crude petroleum or coal.
Bond breaker means a coating formulated and recommended for
application between layers of concrete to prevent a freshly poured top
layer of concrete from bonding to the layer over which it is poured.
Chalkboard resurfacer means a coating formulated and recommended
for application to chalkboards to restore a suitable surface for
writing with chalk.
Clear coating means a coating that produces a dry film that allows
light to pass through, so that the substrate may be distinctly seen.
Clear and semitransparent wood preservative means a coating that is
formulated and recommended to protect exposed wood from decay or insect
attack, registered with the EPA under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.), that may change
the color of the substrate but does not conceal the substrate.
Coating means a protective, decorative, or functional film applied
to a surface. Such materials include, but are not limited to, paints,
topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels,
and temporary protective coatings.
Coating product means all coatings produced by one manufacturer or
imported by one importer that have the same formulation and are defined
within the same architectural coating category listed in Table 1 of
this subpart.
Colorant means a concentrated pigment dispersion of water, solvent,
and/or binder that is added to an architectural coating in a paint
store or on-site to produce the desired color.
Community-based paint exchange means a program in which members of
the general public may drop off and pick up usable post-consumer
architectural coatings in order to reduce household hazardous waste.
Concrete curing compound means a coating formulated and recommended
for application to freshly placed concrete to retard the evaporation of
water.
Concrete protective coating means a high build coating formulated
and recommended for application in a single coat over concrete,
plaster, or other cementitious surfaces. These coatings are formulated
to be primerless, one-coat systems that can be applied over form oils
and/or uncured concrete. These coatings prevent spalling of concrete in
freezing temperatures by providing long-term protection from water and
chloride ion intrusion.
Container means the individual receptacle that holds the coating
for storage and distribution.
Dry fog coating means a coating formulated and recommended only for
spray application such that overspray droplets dry before subsequent
contact with incidental surfaces in the vicinity of the surface coating
activity.
Exempt compounds means specific organic compounds that are not
considered volatile organic compounds due to negligible photochemical
reactivity. The exempt compounds are specified in Sec. 51.100(s) of
this chapter.
Exterior coating means an architectural coating formulated and
recommended for use in conditions exposed to the weather.
Extreme high durability coating means an air dry fluoropolymer-
based coating that is formulated and recommended for the protection of
architectural subsections and that meets the weathering requirements of
American Architectural Manufacturer's Association specification 605.2
Section 7.9.
Fire-retardant/resistive coating means a clear or opaque coating
formulated and recommended to retard ignition and flame spread, or to
delay melting or structural weakening due to high heat that has been
fire tested and rated by a certified laboratory for use in bringing
buildings and construction materials into compliance with Federal,
State, and local building code requirements.
Flat coating means a coating that is not defined under any other
definition in this section and that registers gloss less than 15 on an
85-degree meter or less than 5 on a 60-degree meter according to
American Society for Testing and Materials Method D523, Standard Test
Method for Specular Gloss.
Floor coating means a coating that is formulated and recommended
for application to flooring including, but not limited to, decks,
porches, and steps and that has a high degree of abrasion resistance.
Flow coating means a coating that is used by electric power
companies or their subcontractors to maintain the protective coating
systems present on utility transformer units.
Form release compound means a coating formulated and recommended
for application to a concrete form to prevent the freshly placed
concrete from bonding to the form. The form may consist of wood, metal,
or some material other than concrete.
Graphic arts coating or sign paint means a coating formulated and
recommended for hand-application either on site or in shop by artists
using brush or roller techniques to indoor or outdoor signs (excluding
structural components) and murals including lettering enamels, poster
colors, copy blockers, and bulletin enamels.
Heat reactive coating means a high performance phenolic-based
coating requiring a minimum temperature of 191 deg.C (375 deg.F) to
204 deg.C (400 deg.F) to obtain complete polymerization or cure.
These coatings are formulated and recommended for commercial and
industrial use to protect substrates from degradation and maintain
product purity in which one or more of the following extreme conditions
exist:
(1) Continuous or repeated immersion exposure to 90 to 98 percent
sulfuric acid or oleum;
(2) Continuous or repeated immersion exposure to strong organic
solvents;
[[Page 46413]]
(3) Continuous or repeated immersion exposure to petroleum
processing at high temperatures and pressures; and
(4) Continuous or repeated immersion exposure to food or
pharmaceutical products which may or may not require high temperature
sterilization.
High temperature coating means a high performance coating
formulated and recommended for application to substrates exposed
continuously or intermittently to temperatures above 260 deg.C (500
deg.F).
Impacted immersion coating means a high performance maintenance
coating formulated and recommended for application to steel structures
subject to immersion in turbulent, debris-laden water. These coatings
are specifically resistant to high-energy impact damage caused by
floating ice or debris.
Importer (See the definition for architectural coating importer.)
Industrial maintenance coatings mean high performance architectural
coatings including primers, sealers, undercoaters, and intermediate and
topcoats formulated for substrates in industrial, commercial, or
institutional situations that are exposed to one or more of the
following extreme environmental conditions:
(1) Immersion in water, wastewater, or chemical solutions (aqueous
and nonaqueous solutions), or chronic exposure of interior surfaces to
moisture condensation;
(2) Acute or chronic exposure to corrosive, caustic, or acidic
agents, or to chemicals, chemical fumes, or chemical mixtures or
solutions;
(3) Repeated exposure to temperatures above 120 deg.C (250
deg.F);
(4) Repeated (frequent) heavy abrasion, including mechanical wear
and repeated (frequent) scrubbing with industrial solvents, cleansers,
or scouring agents; or
(5) Exterior exposure of metal structures and structural
components.
Interior clear wood sealer means a low viscosity coating formulated
and recommended for sealing and preparing porous wood by penetrating
the wood and creating a uniform smooth substrate for a finish coat of
paint or varnish.
Interior coating means an architectural coating formulated and
recommended for use in conditions not exposed to natural weathering.
Label means any written, printed, or graphic matter affixed to,
applied to, attached to, blown into, formed, molded into, embossed on,
or appearing upon any architectural coating container for purposes of
branding, identifying, or giving information with respect to the
product, use of the product, or contents of the container.
Lacquer means a clear or pigmented wood finish including clear
lacquer sanding sealers formulated with cellulosic or synthetic resins
to dry by evaporation without chemical reaction and to provide a solid,
protective film.
Low solids stain means a stain containing one pound or less of
solids per gallon (0.12 kilograms per liter) of coating material and
for which at least half of the volatile component is water.
Low solids wood preservative means a wood preservative containing
one pound or less of solids per gallon (0.12 kilograms per liter) of
coating material and for which at least half of the volatile component
is water.
Manufacturer (See the definition for architectural coating
manufacturer.)
Magnesite cement coating means a coating formulated and recommended
for application to magnesite cement decking to protect the magnesite
cement substrate from erosion by water.
Mastic texture coating means a coating formulated and recommended
to cover holes and minor cracks and to conceal surface irregularities,
and is applied in a single coat of at least 10 mils (0.010 inches; dry
film thickness).
Metallic pigmented coating means a nonbituminous coating containing
at least 0.4 pounds of metallic pigment per gallon (0.048 kilograms per
liter) of coating including, but not limited to, zinc pigment.
Multi-colored coating means a coating that is packaged in a single
container and exhibits more than one color when applied.
Nonferrous ornamental metal lacquers and surface protectant means a
clear coating formulated and recommended for application to ornamental
architectural metal substrates (bronze, stainless steel, copper, brass,
and anodized aluminum) to prevent oxidation, corrosion, and surface
degradation.
Nonflat coating means a coating that is not defined under any other
definition in this section and that registers a gloss of 15 or greater
on an 85-degree meter or five or greater on a 60-degree meter according
to American Society for Testing and Materials Method D523, Standard
Test Method for Specular Gloss.
Nuclear coating means any protective coating used to seal porous
surfaces such as steel (or concrete) that otherwise would be subject to
intrusion by radioactive materials. These coatings must be resistant to
long-term (service life) cumulative radiation exposure (American
Society for Testing and Materials Method D4082), relatively easy to
decontaminate (American Society for Testing and Materials Method
D4256), and resistant to various chemicals to which the coatings are
likely to be exposed (American Society for Testing and Materials Method
D3912). General protective requirements are outlined by the Department
of Energy (formerly U.S. Atomic Energy Commission Regulatory Guide
1.54).
Opaque coating means a coating producing a dry film that does not
allow light to pass through, so that the substrate is concealed from
view.
Opaque stain means a coating labeled as a stain and formulated and
recommended to hide the surface but not conceal its texture.
Opaque wood preservative means a coating formulated and recommended
to protect wood from decay or insect attack that is not classified as a
clear, semitransparent, or below-ground wood preservative and that is
registered with the EPA under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
Pigmented means containing finely ground insoluble powder dispersed
to give a characteristic color.
Post-consumer coating means an architectural coating that has
previously been purchased or distributed but not applied, and reenters
the marketplace to be purchased by or distributed to a consumer. Post-
consumer coatings include, but are not limited to, coatings collected
during community-based household hazardous waste collection programs
for repackaging or blending with virgin coating materials.
Pretreatment wash primer means a primer that contains a minimum of
0.5 percent acid, by weight, that is applied directly to bare metal
surfaces in thin films to provide corrosion resistance and to promote
adhesion of subsequent topcoats.
Primer means a coating formulated and recommended for application
to substrates to provide a firm bond between the substrate and
subsequent coats.
Quick-dry enamel means a nonflat coating that has the following
characteristics:
(1) Is capable of being applied directly from the container under
normal conditions with ambient temperatures between 16 and 27 deg.C
(60 and 80 deg.F);
(2) When tested in accordance with American Society for Testing
Materials Method D1640, Standard Test Methods for Drying, Curing, or
Film Formation of Organic Coatings at Room Temperature, sets to touch
in two hours or less, is tack free in four hours or less, and dries
hard in eight hours or less by the mechanical test method; and
(3) Has a dried film gloss of 70 or above on a 60 degree meter.
[[Page 46414]]
Quick-dry primer, sealer, and undercoater means a primer, sealer,
or undercoater that is dry to the touch in one-half hour and can be
recoated in two hours when tested in accordance with American Society
for Testing and Materials Method D1640, Standard Test Methods for
Drying, Curing, or Film Formation of Organic Coatings at Room
Temperature.
Recycled coating means an architectural coating that contains some
portion of post-consumer coating. Recycled architectural coatings
include, but are not limited to, post-consumer coatings that have been
repackaged or blended with virgin coating materials.
Repackaging means to transfer an architectural coating from one
container to another container for sale or distribution in the final
container.
Repair and maintenance thermoplastic coating means an industrial
maintenance coating that has vinyl or chlorinated rubber as a primary
resin and is recommended solely for the repair of existing vinyl or
chlorinated rubber coatings without the full removal of the existing
coating system.
Roof coating means a nonbituminous coating or a nonthermoplastic
rubber coating formulated and recommended for application to exterior
roofs for the primary purpose of preventing penetration of the
substrate by water or reflecting heat and reflecting ultraviolet
radiation.
Rust preventive coating means a coating formulated and recommended
for use in preventing the corrosion of ferrous metal surfaces in
residential situations.
Sales means the introduction of a coating product into U.S.
commerce.
Sanding sealer means a clear wood coating formulated and
recommended for application to bare wood to seal the wood and to
provide a coat that can be sanded to create a smooth surface. A sanding
sealer that also meets the definition of a lacquer sanding sealer shall
not be considered in this category, but shall be considered to be in
the lacquer category.
Sealer means a coating formulated and recommended for application
to substrates for one or more of the following purposes: to prevent
subsequent coatings from being absorbed by the substrate; to prevent
harm to subsequent coatings by materials in the substrate; to block
stains, odors, or efflorescence; to seal fire, smoke, or water damage;
or to condition chalky surfaces.
Semitransparent stain means a coating formulated and recommended
for application to substrates to impart a desired color without
completely concealing the surface or its natural texture or grain
pattern.
Shellac means a clear or pigmented coating formulated with natural
resins soluble in alcohol (including, but not limited to, the resinous
secretions of the lac beetle, Laciffer lacca). Shellacs dry by
evaporation without chemical reaction and provide a quick-drying, solid
protective film that may be used for blocking stains.
Swimming pool coating means a coating formulated and recommended to
coat the interior of swimming pools and to resist swimming pool
chemicals.
Thermoplastic rubber coating and mastic means a coating or mastic
formulated and recommended for application to roofing or other
structural surfaces and that incorporates no less than 40 percent by
weight of thermoplastic rubbers in the total resin solids and may also
contain other ingredients including, but not limited to, fillers,
pigments, and modifying resins.
Tint Base means a coating to which colorant is added to produce a
desired color.
Traffic marking coating means a coating formulated and recommended
for marking and striping streets, highways, and other traffic surfaces
including, but not limited to, curbs, berms, driveways, parking lots,
and airport runways.
Undercoater means a coating formulated and recommended to provide a
smooth surface for subsequent coats.
Varnish means a clear or semi-transparent coating (excluding
lacquers and shellacs) formulated to provide a durable, solid,
protective film. Varnishes may contain small amounts of pigment to
color a surface, or to control the final sheen or gloss of the finish.
Volatile organic compound or VOC means any organic compound that
participates in atmospheric photochemical reactions, that is, any
organic compound other than those which the Administrator designates as
having negligible photochemical reactivity. For a list of compounds
that the Administrator has designated as having negligible
photochemical reactivity, also referred to as exempt compounds, refer
to 40 CFR 51.100.
VOC content. (1) VOC content means the amount of VOC, in grams, in
one liter of coating thinned to the manufacturer's maximum
recommendation excluding the volume of any water, exempt compounds, or
colorant added to tint bases. Grams of VOC per liter of material means
the weight of VOC per volume of material and is calculated by using
equation 1 unless the coating meets the definition of a ``low solids''
stain or wood preservative, in which case, Equation 2 is used.
[GRAPHIC] [TIFF OMITTED] TP03SE96.000
where:
VOC = 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) Equation 2 may be used to calculate the VOC content of the
coating for low solids stains and wood preservatives:
[GRAPHIC] [TIFF OMITTED] TP03SE96.001
where:
VOCls = 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
Waterproofing (treatment) sealer means a coating that is applied to
porous substrates for the primary purpose of preventing the penetration
of water.
Sec. 59.402 Standards.
(a) Effective April 1, 1997 and thereafter, manufacturers and
importers of architectural coatings subject to this subpart shall limit
the VOC content of each architectural coating manufactured or imported
to the VOC levels in Table 1, except as provided in Sec. 59.407.
[[Page 46415]]
Table 1.--Architectural Coating Volatile Organic Compound Content Levels
[Unless otherwise specified, units are in grams of VOC per liter of
coating thinned to the manufacturer's maximum recommendation excluding
the volume of any water, exempt compounds, or colorant added to tint
bases]
------------------------------------------------------------------------
Effective
Coating category April 1,
1997
------------------------------------------------------------------------
Antenna coatings............................................. 530
Anti-fouling coatings........................................ 400
Anti-graffiti coatings....................................... 600
Bituminous coatings and mastics.............................. 500
Bond breakers................................................ 600
Chalkboard resurfacers....................................... 450
Concrete curing compounds.................................... 350
Concrete protective coatings................................. 400
Dry fog coatings............................................. 400
Extreme high durability coatings............................. 800
Fire-retardant/resistive coatings:
Clear.................................................... 850
Opaque................................................... 450
Flat coatings:
Exterior................................................. 250
Interior................................................. 250
Floor coatings............................................... 400
Flow coatings................................................ 650
Form release compounds....................................... 450
Graphic arts coatings (sign paints).......................... 500
Heat reactive coatings....................................... 420
High temperature coatings.................................... 650
Impacted immersion coatings.................................. 780
Industrial maintenance coatings.............................. 450
Lacquers (including lacquer sanding sealers)................. 680
Magnesite cement coatings.................................... 600
Mastic texture coatings...................................... 300
Metallic pigmented coatings.................................. 500
Multi-colored coatings....................................... 580
Nonferrous ornamental metal lacquers and surface protectants. 870
Nonflat coatings:
Exterior................................................. 380
Interior................................................. 380
Nuclear coatings............................................. 420
Pretreatment wash primers.................................... 780
Primers and undercoaters..................................... 350
Quick-dry coatings:
Enamels.................................................. 450
Primers, sealers, and undercoaters....................... 450
Repair and maintenance thermoplastic coatings................ 650
Roof coatings................................................ 250
Rust preventative coatings................................... 400
Sanding sealers (other than lacquer sanding sealers)......... 550
Sealers (including interior clear wood sealers).............. 400
Shellacs:
Clear.................................................... 650
Opaque................................................... 550
Stains:
Clear and semitransparent................................ 550
Opaque................................................... 350
Low solids............................................... a 120
Swimming pool coatings....................................... 600
Thermoplastic rubber coatings and mastics.................... 550
Traffic marking coatings..................................... 150
Varnishes.................................................... 450
Waterproofing sealers and treatments:
Clear.................................................... 600
Opaque................................................... 400
Wood preservatives:
Below ground wood preservatives.......................... 550
Clear and semitransparent................................ 550
Opaque................................................... 350
Low solids............................................... a 120
------------------------------------------------------------------------
a Units are grams of VOC per liter of coating, including water and
exempt compounds, thinned to the maximum thinning recommended by the
manufacturer.
[[Page 46416]]
(b) 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 the coating may be suitable for use in more than one of the
coating categories listed in Table 1, then the most restrictive VOC
level shall apply. This requirement does not apply to the
representation of the following coatings in paragraphs (b)(1) through
(b)(7).
(1) High temperature coatings that may also be suitable for use as
metallic pigmented coatings shall only be subject to the VOC level in
Table 1 for high temperature coatings.
(2) Lacquer sanding sealers that may also be suitable for use as
sanding sealers in conjunction with clear lacquer topcoats shall only
be subject to the VOC level in Table 1 for lacquer sanding sealers.
(3) Metallic pigmented coatings that may also be suitable for use
as roof coatings, industrial maintenance coatings, or primers shall
only be subject to the VOC level in Table 1 for metallic pigmented
coatings.
(4) Shellacs that may also be suitable for use as primers, sealers,
or undercoaters shall only be subject to the VOC level in Table 1 for
shellacs.
(5) Fire-retardant/resistive coatings that may be suitable for use
as any other architectural coating shall only be subject to the VOC
level in Table 1 for fire-retardant/resistive coatings.
(6) Pretreatment wash primers that may be suitable for use as
primers shall only be subject to the VOC level in Table 1 for
pretreatment wash primers.
(7) Industrial maintenance coatings that may also be suitable for
use as primers shall only be subject to the VOC level in Table 1 for
industrial maintenance coatings.
(c) For the purpose of determining compliance with the standards of
this subpart, the VOC content shall be determined using the procedure
in Sec. 59.404. With the exception of low solids stains and low solids
wood preservatives, the VOC content shall be determined in grams of VOC
per liter of coating thinned to the manufacturer's maximum
recommendation excluding the volume of any water, exempt compounds, or
colorant added to tint bases. For low solids stains and low solids wood
preservatives, the VOC content shall be determined 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.
(d) For the purpose of determining compliance with the requirements
of this subpart, manufacturers or importers of recycled architectural
coatings may calculate an adjusted VOC content to account for the post-
consumer coating content. The adjusted VOC content shall be determined
using Equation 3.
[GRAPHIC] [TIFF OMITTED] TP03SE96.002
Where:
Adjusted VOC = The VOC content assigned to the recycled coating for
purposes of complying with provisions of this section (grams VOC per
liter of coating thinned to the manufacturer's maximum recommendation
excluding the volume of any water, exempt compounds, or colorant added
to tint bases.)
Actual VOC = The VOC content of the coating product as determined using
the procedure in Sec. 59.404.
Percent Post-consumer Coating = The volume percent of the coating
product that is post-consumer architectural coating as determined in
paragraph (e) of this section.
(e) Manufacturers or importers of recycled architectural coatings
calculating an adjusted VOC as described in Sec. 59.402(d) of this
section shall determine the post-consumer architectural coating content
of each recycled coating using Equation 4.
[GRAPHIC] [TIFF OMITTED] TP03SE96.003
Where:
Percent Post-consumer = The volume percent of a recycled coating that
is post-consumer coating materials.
Volume of Post-consumer Coating = The volume of post-consumer coating
materials per gallon used in the production of a recycled coating.
Volume of Virgin Materials = The volume of virgin coating materials per
gallon used in the production of a recycled coating.
Sec. 59.403 Container labeling requirements.
(a) Manufacturers and importers subject to the provisions of this
subpart shall include the information listed in paragraphs (a)(1)
through (a)(3) of this section on the label or lid of all architectural
coatings subject to this subpart that are manufactured or imported on
or after April 1, 1997.
(1) The date of manufacture of the contents or a code indicating
the date of manufacture.
(2) A statement of the manufacturer's recommendation regarding
thinning of the coating. This requirement does not apply to the
thinning of architectural coatings with water. If thinning of the
coating prior to use is not necessary, the recommendation shall specify
that the coating is to be applied without thinning.
(3) The maximum VOC content of the coating in the container,
including any recommended thinning. With the exception of low solids
stains and low solids wood preservatives, this VOC content shall be
displayed in units of grams of VOC per liter of coating thinned to the
manufacturer's maximum recommendation excluding the volume of any
water, exempt compounds, or colorant added to tint bases. For low
solids stains and low solids wood preservatives, the VOC content shall
be displayed 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.
(b) Manufacturers and importers of industrial maintenance coatings
manufactured or imported on or after April 1, 1997 that are subject to
the provisions of this subpart shall display on the label or lid of the
container the phrase ``NOT INTENDED FOR RESIDENTIAL USE.''
[[Page 46417]]
(c) Manufacturers or importers of recycled coatings complying with
the requirements of Sec. 59.402(d) shall indicate the post-consumer
coating content by including the following statement on the container
label or lid: ``CONTAINS NOT LESS THAN X PERCENT BY VOLUME POST-
CONSUMER COATING,'' where ``X'' is replaced by the percent, by volume,
of post-consumer architectural coating.
Sec. 59.404 Test methods.
(a) Except as provided in paragraph (b) of this section, the EPA's
Reference Method 24 of Appendix A of Part 60 of this chapter shall be
used to determine compliance with the VOC levels in Table 1 of
Sec. 59.402. Analysis of waterborne coating VOC content determined by
Reference Method 24 shall be adjusted as described in Section 4.4 of
Reference Method 24.
(b) The Administrator may approve, on a case-by-case basis,
alternative methods of determining the VOC content of coatings if they
are demonstrated to the Administrator's satisfaction to provide results
equivalent to or more accurate than those obtained using Reference
Method 24.
Sec. 59.405 Recordkeeping requirements.
(a) Each manufacturer or importer complying with the recycled
coating provisions in Sec. 59.402(d) shall maintain records in written
or electronic form of the information specified in paragraphs (a)(1)
through (a)(6) of this section for a period of three years.
(1) The minimum percent post-consumer coating content for each
recycled coating.
(2) Calculations of the adjusted VOC as determined using Equation 3
in Sec. 59.402(d) for each recycled coating.
(3) The volume of coating received for recycling.
(4) The volume of coating received that was unusable.
(5) The volume of virgin materials.
(6) The volume of the final recycled coating manufactured or
imported.
Sec. 59.406 Reporting requirements.
(a) All reports in this section shall be submitted to the
appropriate address as listed in Sec. 60.4 of subpart A of this
chapter.
(b) Each manufacturer and importer of coatings subject to the
provisions of this subpart shall submit an initial report no later than
April 1, 1997 or within 180 days after the date of the first
architectural coating manufactured or imported. The initial report
shall include the information in paragraphs (b)(1) and (b)(2) of this
section.
(1) The name and mailing address of the manufacturer or importer.
(2) A list of the categories from Table 1 in Sec. 59.402 in which
coating products are manufactured or imported.
(c) Manufacturers or importers of recycled architectural coatings
shall report to the Administrator the information in paragraphs (c)(1)
through (c)(5) of this section for each coating product for which the
adjusted VOC content, as determined in Sec. 59.402(d) is to be used to
demonstrate compliance. This report shall be submitted by February 1 of
the calendar year following the year in which the coating(s) is (are)
introduced into commerce.
(1) The volume of coating received for recycling.
(2) The volume of coating received that was unusable.
(3) The volume of virgin materials used.
(4) The minimum post-consumer content of the coatings manufactured
or imported.
(5) The volume of the final recycled coating manufactured or
imported.
(d) In cases where codes are used to represent the date of
manufacture, as provided in Sec. 59.403(a)(1), the manufacturer or
importer shall submit an explanation of each date code to the
Administrator by April 1, 1997 or within 30 days after becoming subject
to the requirements of this subpart. This report may be included with
the initial compliance report. An explanation of any new date codes
shall be filed with the Administrator no later than 30 days after the
new data code is first introduced into commerce.
Sec. 59.407 Variances.
(a) Any manufacturer or importer of architectural coatings subject
to the provisions of this subpart that cannot comply with the
requirements of this subpart because of extraordinary circumstances
beyond reasonable control may apply in writing to the Administrator for
a variance. The variance application shall include the information
specified in paragraphs (a)(1) through (a)(3).
(1) The specific grounds upon which the variance is sought.
(2) The proposed date(s) by which compliance with the provisions of
this subpart will be achieved.
(3) A compliance report reasonably detailing the method(s) by which
compliance will be achieved.
(b) Upon receipt of a variance application containing the
information required in paragraph (a) of this section, the
Administrator will hold a public hearing to determine whether, under
what conditions, and to what extent, a variance from the requirements
in this subpart is necessary and will be permitted. A hearing will be
initiated no later than 75 days after receipt of a variance
application. Notice of the time and place of the hearing will be sent
to the applicant by certified mail not less than 30 days prior to the
hearing. Notice of the hearing will also be published in the Federal
Register and sent to every person who requests such notice, not less
than 30 days prior to the hearing. At least 30 days prior to the
hearing, the variance application will be made available to the public
for inspection. Information submitted to the Administrator by a
variance applicant may be claimed as confidential. The Administrator
may consider such confidential information in reaching a decision on a
variance application. Interested members of the public will be allowed
a reasonable opportunity to testify at the hearing and their testimony
will be considered.
(c) The Administrator may grant a variance if the criteria
specified in paragraphs (c)(1) through (c)(3) are met.
(1) If there are reasons beyond the reasonable control of the
applicant that complying with the provisions of this subpart would
result in economic hardship,
(2) The public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions or air contaminants that would result
from issuing the variance, and
(3) The compliance report proposed by the applicant can reasonably
be implemented and will achieve compliance as expeditiously as
possible.
(d) Any variance order will specify a final compliance date by
which the requirements of this subpart will be achieved. Any variance
order will contain a condition that specifies increments of progress
necessary to assure timely compliance.
(e) A variance shall cease to be effective upon failure of the
party to whom the variance was granted to comply with any term or
condition of the variance.
(f) Upon the application of any party, the Administrator may
review, and for good cause, modify, or revoke a variance from
requirements of this subpart after holding a public hearing in
accordance with the provisions of paragraph (b) of this section.
[FR Doc. 96-22266 Filed 8-30-96; 8:45 am]
BILLING CODE 6560-50-P
