For the reasons set out in the preamble, part 59 of
title 40 of the Code of Federal Regulations is amended as
follows:
PART 59--NATIONAL VOLATILE ORGANIC COMPOUND EMISSION
STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS
1. The authority citation for part 59 continues to
read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 59 is amended by adding subpart D to read as
follows:
Subpart D--National Volatile Organic Compound Emission
Standards for Architectural Coatings
Secs.
59.400 Applicability and compliance dates.
59.401 Definitions.
59.402 VOC content limits.
59.403 Exceedance fees.
59.404 Tonnage exemption.
59.405 Container labeling requirements.
59.406 Compliance provisions.
59.407 Recordkeeping requirements.
59.408 Reporting requirements.
59.409 Addresses of EPA Regional Offices.
59.410 State authority.
59.411 Circumvention.
59.412 Incorporations by reference.
59.413 Availability of information and confidentiality.
Appendix A to subpart D--Determination of Volatile Matter
Content of Methacrylate Multicomponent Coatings Used as
Traffic Marking Coatings
Subpart D--National Volatile Organic Compound Emission
Standards for Architectural Coatings
59.400 Applicability and compliance dates.
(a) Except as provided in paragraphs (b) and (c) of
this section, the provisions of this subpart apply to each
architectural coating manufactured on or after [insert date
1 year after date of publication in the FEDERAL REGISTER]
for sale or distribution in the United States.
(b) For any architectural coating registered under the
Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. Section 136, et seq.), the provisions of this
subpart apply to any such coating manufactured on or after
[insert date 18 months after date of publication in the
FEDERAL REGISTER] for sale or distribution in the United
States.
(c) The provisions of this subpart do not apply to any
architectural coating described in paragraphs (c)(1) through
(c)(5) of this section:
(1) A coating that is manufactured for sale or
distribution to architectural coating markets outside the
United States; such a coating must not be sold or
distributed within the United States as an architectural
coating.
(2) A coating that is manufactured prior to [insert
date 1 year after date of publication in the FEDERAL
REGISTER].
(3) A coating that is sold in a nonrefillable aerosol
container.
(4) A coating that is collected and redistributed at a
paint exchange.
(5) A coating that is sold in a container with a volume
of one liter or less.
59.401 Definitions.
Act means the Clean Air Act (42 U.S.C. 7401, et seq.,
as amended by Pub. L. 101-549, 104 Stat. 2399).
Adhesive means any chemical substance that is applied
for the purpose of bonding two surfaces together other than
by mechanical means. Under this subpart, adhesives are not
considered coatings.
Administrator means the Administrator of the United
States Environmental Protection Agency (U.S. EPA) or an
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. Section 136, et seq.) and nontoxic
foul-release coatings.
Anti-graffiti coating means a clear or opaque high
performance coating 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; 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. This definition excludes adhesives and coatings
recommended by the manufacturer or importer solely for shop
applications or solely for application to non-stationary
structures, such as airplanes, ships, boats, and railcars.
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. Section 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.
Calcimine recoater means a flat solventborne coating
formulated and recommended specifically for recoating
calcimine-painted ceilings and other calcimine-painted
substrates.
Chalkboard resurfacer means a coating formulated and
recommended for application to chalkboards to restore a
suitable surface for writing with chalk.
Clear means allowing light to pass through, so that the
substrate may be distinctly seen.
Coating means a material applied onto or impregnated
into a substrate for protective, decorative, or functional
purposes. Such materials include, but are not limited to,
paints, varnishes, sealants, inks, maskants, and temporary
coatings. Protective, decorative, or functional materials
that consist only of solvents, acids, bases, or any
combination of these substances are not considered coatings
for the purposes 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 at the site of
application to produce the desired color.
Concrete curing compound means a coating formulated and
recommended for application to freshly placed concrete to
retard the evaporation of water.
Concrete curing and sealing compound means a liquid
membrane-forming compound marketed and sold solely for
application to concrete surfaces to reduce the loss of water
during the hardening process and to seal old and new
concrete providing resistance against alkalis, acids, and
ultraviolet light, and provide adhesion promotion qualities.
The coating must meet the requirements of American Society
for Testing and Materials (ASTM) C 1315-95, Standard
Specification for Liquid Membrane-Forming Compounds Having
Special Properties for Curing and Sealing Concrete
(incorporated by reference--see 59.412 of this subpart).
Concrete surface retarder means a mixture of retarding
ingredients such as extender pigments, primary pigments,
resin, and solvent that interact chemically with the cement
to prevent hardening on the surface where the retarder is
applied, allowing the retarded mix of cement and sand at the
surface to be washed away to create an exposed aggregate
finish.
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/or sale or distribution.
Conversion varnish means a clear acid curing coating
with an alkyd or other resin blended with amino resins and
supplied as a single component or two-component product.
Conversion varnishes produce a hard, durable, clear finish
designed for professional application to wood flooring. The
film formation is the result of an acid-catalyzed
condensation reaction, affecting a transetherification at
the reactive ethers of the amino resins.
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 (VOC) due to
negligible photochemical reactivity. The exempt compounds
are specified in 40 CFR 51.100.
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
coating, including a fluoropolymer-based coating, that is
formulated and recommended for touchup of precoated
architectural aluminum extrusions and panels and to ensure
the protection of architectural subsections, and that meets
the weathering requirements of American Architectural
Manufacturer's Association (AAMA) specification 605-98,
Voluntary Specification Performance Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum
Extrusions and Panels, Section 7.9 (incorporated by
reference--see 59.412 of this subpart).
Faux-finishing/glazing means a coating used for
wet-in-wet techniques, such as faux woodgrain, faux marble,
and simulated aging, which require the finish to remain wet
for an extended period of time.
Fire-retardant/resistive coating means a 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 ASTM Method D 523-89, Standard
Test Method for Specular Gloss (incorporated by reference--see 59.412 of this subpart).
Floor coating means an opaque coating with a high
degree of abrasion resistance that is formulated and
recommended for application to flooring including, but not
limited to, decks, porches, and steps in a residential
setting.
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 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 oC (375 oF) to 204 oC (400 oF) 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 of 90 to
98 percent sulfuric acid, or oleum;
2. continuous or repeated immersion exposure to
strong organic solvents;
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 202oC (400oF).
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.
Imported means that a coating manufactured outside the
United States has been brought into the United States for
sale or distribution.
Importer means a person that brings architectural
coatings into the United States for sale or distribution
within the United States. This definition does not include
any person that brings a coating into the United States and
repackages the coating by transferring it from one container
to another, provided the coating VOC content is not altered
and the coating is not sold or distributed to another party.
For purposes of applying this definition, divisions of a
company, subsidiaries, and parent companies are considered
to be a single importer.
Industrial maintenance coating means a high performance
architectural coating, including primers, sealers,
undercoaters, intermediate coats, and topcoats formulated
and recommended for application to substrates exposed to one
or more of the following extreme environmental conditions in
an industrial, commercial, or institutional setting:
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 oC
(250 oF);
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 coating means an architectural coating
formulated and recommended for use in conditions not exposed
to natural weathering.
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.
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.
Lacquer stains are considered stains, not lacquers.
Low solids means containing 0.12 kilogram or less of
solids per liter (1 pound or less of solids per gallon) of
coating material and for which at least half of the volatile
component is water.
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.
Manufactured means that coating ingredients have been
combined and put into containers that have been labeled and
made available for sale or distribution.
Manufacturer means a person that produces, packages, or
repackages architectural coatings for sale or distribution
in the United States. A person that repackages
architectural coatings as part of a 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. A person that repackages a
coating by transferring it from one container to another is
excluded from this definition, provided the coating VOC
content is not altered and the coating is not sold or
distributed to another party. For purposes of applying this
definition, divisions of a company, subsidiaries, and parent
companies are considered to be a single manufacturer.
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 inch) dry film thickness.
Metallic pigmented coating means a nonbituminous
coating containing at least 0.048 kilogram of metallic
pigment per liter of coating (0.4 pound per gallon)
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
5 or greater on a 60-degree meter according to ASTM Method D
523-89, Standard Test Method for Specular Gloss
(incorporated by reference--see 59.412 of this subpart). Nuclear coating means a protective coating
formulated and recommended 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 (ASTM Method D 4082-89, Standard Test Method for
Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants (incorporated by reference--see
59.412 of this subpart)), relatively easy to decontaminate,
and resistant to various chemicals to which the coatings are
likely to be exposed (ASTM Method D 3912-80 (Reapproved
1989), Standard Test Method for Chemical Resistance of
Coatings Used in Light-Water Nuclear Power Plants
(incorporated by reference--see 59.412 of this subpart)).
Opaque means not allowing light to pass through, so
that the substrate is concealed from view.
Paint exchange means a program in which consumers,
excluding architectural coating manufacturers and importers,
may drop off and pick up usable post-consumer architectural
coatings in order to reduce hazardous waste.
Person means an individual, corporation, partnership,
association, State municipality, political subdivision of a
State, and any agency, department, or instrumentality of the
United States and any officer, agent, or employee thereof.
Pigmented means containing finely ground insoluble
powder used to provide one or more of the following
properties: color; corrosion inhibition; conductivity;
fouling resistance; opacity; or improved mechanical
properties.
Post-consumer coating means an architectural coating
that has previously been purchased by a consumer or
distributed to a consumer 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 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 formulated
and recommended for application 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 a substrate to provide a firm bond between
the substrate and subsequent coatings.
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 27oC (60 and 80oF);
2. when tested in accordance with ASTM Method D 1640-83 (Reapproved 1989), Standard Test Methods for
Drying, Curing, or Film Formation of Organic
Coatings at Room Temperature (incorporated by
reference--see 59.412), sets to touch in 2 hours
or less, is tack free in 4 hours or less, and
dries hard in 8 hours or less by the mechanical
test method; and
3. has a dried film gloss of 70 or above on a
60 degree meter.
Quick-dry primer, sealer, and undercoater means a
primer, sealer, or undercoater that is dry to the touch in a
1/2 hour and can be recoated in 2 hours when tested in
accordance with ASTM Method D 1640-83 (Reapproved 1989),
Standard Test Methods for Drying, Curing, or Film Formation
of Organic Coatings at Room Temperature (incorporated by
reference--see 59.412 of this subpart).
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.
Repackage means to transfer an architectural coating
from one container to another.
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 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. This
does not include thermoplastic rubber coatings.
Rust preventative coating means a coating formulated
and recommended for use in preventing the corrosion of
ferrous metal surfaces in residential situations.
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 is not included in this category,
but is included in the lacquer category.
Sealer means a coating formulated and recommended for
application to a substrate 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 means not completely concealing the
surface of a substrate or its natural texture or grain
pattern.
Shellac means a clear or pigmented coating formulated
with natural resins (except nitrocellulose 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.
Shop application means that a coating is applied to a
product or a component of a product in a factory, shop, or
other structure as part of a manufacturing, production, or
repairing process (e.g., original equipment manufacturing
coatings).
Stain means a coating that produces a dry film with
minimal coloring. This includes lacquer stains.
Stain controller means a conditioner or pretreatment
coating formulated and recommended for application to wood
prior to the application of a stain in order to prevent
uneven penetration of the stain.
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 in
a paint store or at the site of application to produce a
desired color.
Traffic marking coating means a coating formulated and
recommended for marking and striping streets, highways, or
other traffic surfaces including, but not limited to, curbs,
berms, driveways, parking lots, sidewalks, and airport
runways.
Undercoater means a coating formulated and recommended
to provide a smooth surface for subsequent coatings.
United States means the United States of America,
including the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
Varnish means a clear or semi-transparent coating,
excluding lacquers and shellacs, formulated and recommended
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(s).
VOC content means the weight of VOC per volume of
coating, calculated according to the procedures in
59.406(a) of this subpart.
Waterproofing sealer and treatment means a coating
formulated and recommended for application to a porous
substrate for the primary purpose of preventing the
penetration of water.
Wood preservative means a coating 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. Section 136, et seq.).
Zone marking coating means a coating formulated and
recommended for marking and striping driveways, parking
lots, sidewalks, curbs, or airport runways, and sold or
distributed in a container with a volume of 19 liters
(5 gallons) or less.
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 59.403
and 59.404 of this subpart. TABLE 1 TO SUBPART D - VOLATILE ORGANIC COMPOUND (VOC)
CONTENT LIMITS FOR ARCHITECTURAL COATINGS
(Unless otherwise specified, limits are expressed 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.)
Coating category
Grams VOC per
liter
Pounds VOC per
gallona
Antenna coatings
530
4.4
Anti-fouling coatings
450
3.3
Anti-graffiti coatings
600
5.0
Bituminous coatings and mastics
500
4.2
Bond breakers
600
5.0
Calcimine recoater
475
4.0
Chalkboard resurfacers
450
3.8
Concrete curing compounds
350
2.9
Concrete curing and sealing compounds
700
5.8
Concrete protective coatings
400
3.3
Concrete surface retarders
780
6.5
Conversion varnish
725
6.0
Dry fog coatings
400
3.3
Extreme high durability coatings
800
6.7
Faux finishing/glazing
700
5.8
Fire-retardant/resistive coatings:
Clear
850
7.1
Opaque
450
3.8
Flat coatings:
Exterior coatings
250
2.1
Interior coatings
250
2.1
Floor coatings
400
3.3
Flow coatings
650
5.4
Form release compounds
450
3.8
Graphic arts coatings
(sign paints)
500
4.2
Heat reactive coatings
420
3.5
High temperature coatings
650
5.4
Impacted immersion coatings
780
6.5
Industrial maintenance coatings
450
3.8
Lacquers (including lacquer sanding sealers)
680
5.7
Magnesite cement coatings
600
5.0
Mastic texture coatings
300
2.5
Metallic pigmented coatings
500
4.2
Multi-colored coatings
580
4.8
Nonferrous ornamental metal lacquers and
surface protectants
870
7.3
Nonflat coatings:
Exterior coatings
380
3.2
Interior coatings
380
3.2
Nuclear coatings
450
3.8
Pretreatment wash primers
780
6.5
Primers and undercoaters
350
2.9
Quick-dry coatings:
Enamels
450
3.8
Primers, sealers, and undercoaters
450
3.8
Repair and maintenance thermoplastic
coatings
650
5.4
Roof coatings
250
2.1
Rust preventative coatings
400
3.3
Sanding sealers (other than lacquer
sanding sealers)
550
4.6
Sealers (including interior clear wood
sealers)
400
3.3
Shellacs:
Clear
730
6.1
Opaque
550
4.6
Stains:
Clear and semitransparent
550
4.6
Opaque
350
2.9
Low solids
120b
1.0b
Stain controllers
720
6.0
Swimming pool coatings
600
5.0
Thermoplastic rubber coatings and mastics
550
4.6
Traffic marking coatings
150
1.3
Varnishes
450
3.8
Waterproofing sealers and treatments
600
5.0
Wood preservatives:
Below ground wood preservatives
550
4.6
Clear and semitransparent
550
4.6
Opaque
350
2.9
Low solids
120b
1.0b
Zone marking coatings
450
3.8
aEnglish units are provided for information only. Compliance will be determined based on
the VOC content limit, as expressed in metric units.
bUnits are grams of VOC per liter (pounds of VOC per gallon) of coating, including water
and exempt compounds, thinned to the maximum thinning recommended by the manufacturer.
(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 are also
recommended for use as 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 are also
recommended for use as 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 are also recommended for use as 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 are also
recommended for use as 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 are also
recommended for use as 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 are also
recommended for use as primers, sealers, undercoaters, or
mastic 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 are
recommended for use as 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 and 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 are
recommended for use as any other architectural coatings are
subject only to the VOC content limit in table 1 of this
subpart for bituminous coatings and mastics.
59.403 Exceedance fees.
(a) Except as provided in 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.
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.
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,
excluding any volume for which a tonnage
exemption is claimed under 59.404 of
this subpart.
(d) The exceedance fee shall be paid no later than
March 1 of the year following the calendar year in which the
coatings are manufactured or imported, and shall be sent to
the Regional Office of the U.S. Environmental Protection
Agency, as listed in 59.409 of this subpart, that serves
the State or Territory in which the corporate headquarters
of the manufacturer or importer is located.
59.404 Tonnage exemption.
(a) Each manufacturer and importer of any
architectural coating subject to the provisions of this
subpart may designate a limited quantity of coatings to be
exempt from the VOC content limits in table 1 of this
subpart and the exceedance fee provisions of 59.403 of this
subpart, provided all of the requirements in
paragraphs (a)(1) through (a)(4) of this section are met.
(1) The total amount of VOC contained in all the
coatings selected for exemption must be equal to or less
than 23 megagrams (25 tons) for the period of time from
[insert date 1 year after date of publication in the FEDERAL
REGISTER] through December 31, 2000; 18 megagrams (20 tons)
in the year 2001; and 9 megagams (10 tons) per year in the
year 2002 and each subsequent year. The amount of VOC
contained in each coating shall be calculated using the
procedure in paragraph (b) of this section.
(2) The container labeling requirements of 59.405 of
this subpart.
(3) The recordkeeping requirements of 59.407(c) of
this subpart.
(4) The reporting requirements of 59.408(b), (e), and
(f) of this subpart.
(b) Each manufacturer and importer choosing to use the
exemption described in paragraph (a) of this section must
use equations 3 and 4 to calculate the total amount of VOC
for each time period the exemption is elected.
where:
Total VOC = Total megagrams of VOC contained in all
coatings being claimed under the exemption.
VOCc = The amount of VOC, in megagrams, for each
coating (c) claimed under the exemption, as
computed by equation 4.
n = Number of coatings for which exemption is
claimed.
VOCc =(Volume Manufactured or Imported)*
(VOC Content)/1x106 (4)
where:
Volume
Manufactured
or Imported = Volume of the coating manufactured
or imported, in liters, for the
time period the exemption is
claimed.
VOC Content = VOC content of the coating in grams
of VOC per liter of coating thinned
to the manufacturer's maximum
recommendation, including the
volume of any water, exempt
compounds, or colorant added to
tint bases.
59.405 Container labeling requirements.
(a) Each manufacturer and importer of any architectural
coating subject to the provisions of this subpart shall
provide the information listed in paragraphs (a)(1) through
(a)(3) of this section on the coating container in which the
coating is sold or distributed.
(1) The date the coating was manufactured, or a date
code representing the date shall be indicated on the label,
lid, or bottom of the container.
(2) A statement of the manufacturer's recommendation
regarding thinning of the coating shall be indicated on the
label or lid of the container. 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 must specify that the coating is to be
applied without thinning.
(3) The VOC content of the coating as described in
paragraph (3)(i) or (3)(ii) of this section shall be
indicated on the label or lid of the container.
(i) The VOC content of the coating, displayed in units
of grams of VOC per liter of coating; or
(ii) The VOC content limit in table 1 of this subpart
with which the coating is required to comply and does
comply, displayed in units of grams of VOC per liter of
coating.
(b) In addition to the information specified in
paragraph (a) of this section, each manufacturer and
importer of any industrial maintenance coating subject to
the provisions of this subpart shall display on the label or
lid of the container in which the coating is sold or
distributed one or more of the descriptions listed in
paragraphs (b)(1) through (b)(4) of this section.
(1) "For industrial use only."
(2) "For professional use only."
(3) "Not for residential use" or "Not intended for
residential use."
(4) "This coating is intended for use under the
following condition(s):" (Include each condition in
paragraphs (b)(4)(i) through (b)(4)(v) of this section that
applies to the coating.)
(i) Immersion in water, wastewater, or chemical
solutions (aqueous and nonaqueous solutions), or chronic
exposure of interior surfaces to moisture condensation;
(ii) Acute or chronic exposure to corrosive, caustic,
or acidic agents, or to chemicals, chemical fumes, or
chemical mixtures or solutions;
(iii) Repeated exposure to temperatures above 120oC
(250oF);
(iv) Repeated (frequent) heavy abrasion, including
mechanical wear and repeated (frequent) scrubbing with
industrial solvents, cleansers, or scouring agents; or
(v) Exterior exposure of metal structures and
structural components.
(c) In addition to the information specified in
paragraph (a) of this section, each manufacturer and
importer of any recycled coating who calculates the VOC
content using equations 7 and 8 in 59.406(a)(3) of this
subpart shall include the following statement indicating the
post-consumer coating content on the label or lid of the
container in which the coating is sold or distributed:
"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.
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.
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.
where:
VOC contentls = 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.
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).
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 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 59.407 and 59.408 of this
subpart) or any other information available to the
Administrator.
59.407 Recordkeeping requirements.
(a) Each manufacturer and importer using the
provisions of 59.406(a)(3) of this subpart to determine the
VOC content of a recycled coating shall maintain in written
or electronic form records of the information specified in
paragraphs (a)(1) through (a)(6) of this section for a
period of 3 years.
(1) The minimum volume percent post-consumer coating
content for each recycled coating.
(2) The volume of post-consumer coating received for
recycling.
(3) The volume of post-consumer coating received that
was unusable.
(4) The volume of virgin materials.
(5) The volume of the final recycled coating
manufactured or imported.
(6) Calculations of the adjusted VOC content as
determined using equation 7 in 59.406(a)(3) of this subpart
for each recycled coating.
(b) Each manufacturer and importer using the exceedance
fee provisions in 59.403 of this subpart, as an alternative
to achieving the VOC content limits in table 1 of this
subpart, shall maintain in written or electronic form the
records specified in paragraphs (b)(1) through (b)(7) of
this section for a period of 3 years.
(1) A list of the coatings and the associated coating
categories in table 1 of this subpart for which the
exceedance fee is used.
(2) Calculations of the annual fee for each coating
and the total annual fee for all coatings using the
procedure in 59.403 (b) and (c) of this subpart.
(3) The VOC content of each coating in grams of VOC
per liter of coating.
(4) The excess VOC content of each coating in grams of
VOC per liter of coating.
(5) The total volume of each coating manufactured or
imported per calendar year in liters of coating, excluding
the volume of any water and exempt compounds.
(6) The annual fee for each coating.
(7) The total annual fee for all coatings.
(c) Each manufacturer and importer claiming the
tonnage exemption in 59.404 of this subpart shall maintain
in written or electronic form the records specified in
paragraphs (c)(1) through (c)(4) of this section for a
period of 3 years.
(1) A list of all coatings and associated coating
categories in table 1 of this subpart for which the
exemption is claimed.
(2) The VOC content, in grams of VOC per liter of
coating, including water, of each coating for which the
exemption is claimed.
(3) The planned and actual sales, in liters, for each
coating for which the exemption is claimed for the time
period the exemption is claimed.
(4) The total megagrams of VOC contained in each
coating for which the exemption is claimed, and for all
coatings combined for which the exemption is claimed, for
the time period the exemption is claimed, as calculated in
59.404(b) of this subpart.
59.408 Reporting requirements.
(a) Each manufacturer and importer of any architectural
coating subject to the provisions of this subpart shall
submit reports and exceedance fees specified in this section
to the appropriate address as listed in 59.409 of this
subpart.
(b) Each manufacturer and importer of any
architectural coating subject to the provisions of this
subpart shall submit an initial notification report no later
than [insert date 1 year after date of publication in the
FEDERAL REGISTER] or within 180 days after the date that the
first architectural coating is manufactured or imported,
whichever is later. The initial report must include the
information in paragraphs (b)(1) through (b)(3) of this
section.
(1) The name and mailing address of the manufacturer
or importer.
(2) The street address of each one of the
manufacturer's or importer's facilities in the United States
that is producing, packaging, or repackaging any
architectural coating subject to the provisions of this
subpart.
(3) A list of the categories from table 1 of this
subpart for which the manufacturer's or importer's coatings
meet the definitions in 59.401 of this subpart.
(4) If a date code is used on a coating container to
represent the date a coating was manufactured, as allowed in
59.405(a)(1) of this subpart, the manufacturer or importer
of the coating shall include an explanation of each date
code in the initial notification report and shall submit an
explanation of any new date code no later than 30 days after
the new date code is first used on the container for a
coating.
(c) Each manufacturer and importer of a recycled
coating that chooses to determine the adjusted VOC content
according to the provisions of 59.406(a)(3) to demonstrate
compliance with the applicable VOC content limit in table 1
of this subpart shall submit a report containing the
information in paragraphs (c)(1) through (c)(5) of this
section. The report must be submitted for each coating for
which the adjusted VOC content is used to demonstrate
compliance. This report must be submitted by March 1 of the
year following any calendar year in which the adjusted VOC
content provision is used.
(1) The minimum volume percent post-consumer coating
content for each recycled coating.
(2) The volume of post-consumer coating received for
recycling.
(3) The volume of post-consumer coating received that
was unusable.
(4) The volume of virgin materials used.
(5) The volume of the final recycled coating
manufactured or imported.
(d) Each manufacturer and importer that uses the
exceedance fee provisions of 59.403 of this subpart shall
report the information in paragraphs (d)(1) through (d)(7)
of this section for each coating for which the exceedance
fee provisions are used. This report and the exceedance fee
payment must be submitted by March 1 following the calendar
year in which the coating is manufactured or imported.
(1) Manufacturer's or importer's name and mailing
address.
(2) A list of all coatings and the associated coating
categories in table 1 of this subpart for which the
exceedance fee provision is being used.
(3) The VOC content of each coating that exceeds the
applicable VOC content limit in table 1 of this subpart.
(4) The excess VOC content of each coating in grams of
VOC per liter of coating.
(5) The total volume of each coating manufactured or
imported per calendar year, in liters.
(6) The annual fee for each coating.
(7) The total annual fee for all coatings.
(e) Each manufacturer and importer of architectural
coatings for which a tonnage exemption under 59.404 of this
subpart is claimed shall submit a report no later than
March 1 of the year following the calendar year in which the
exemption was claimed. The report must include the
information in paragraphs (f)(1) through (f)(4) of this
section.
(1) A list of all coatings and the associated coating
categories in table 1 of this subpart for which the
exemption was claimed.
(2) The VOC content, in grams of VOC per liter of
coating, including water, of each coating for which the
exemption was claimed.
(3) The actual sales, in liters, for each coating for
which the exemption was claimed for the time period the
exemption was claimed.
(4) The total megagrams of VOC contained in all
coatings for which the exemption was claimed for the time
period the exemption was claimed, as calculated in
59.404(b) of this subpart.
59.409 Addresses of EPA Regional Offices.
Each manufacturer and importer of any architectural
coating subject to the provisions of this subpart shall
submit all requests, reports, submittals, exceedance fee
payments, and other communications to the Administrator
pursuant to this regulation to the Regional Office of the
U.S. Environmental Protection Agency that serves the State
or Territory in which the corporate headquarters of the
manufacturer or importer resides. These areas are indicated
in the following list of EPA Regional Offices:
EPA Region I (Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont), Director, Office of
Environmental Stewardship, Mailcode: SAA, J.F.K. Federal
Building, Boston, MA 02203-2211.
EPA Region II (New Jersey, New York, Puerto Rico,
Virgin Islands), Director, Division of Environmental
Planning and Protection, 290 Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia, West Virginia), Director,
Air Protection Division, 1650 Arch Street, Philadelphia, PA
19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee),
Director, Air, Pesticides, and Toxics Management Division,
61 Forsyth Street, Atlanta, GA 30303.
EPA Region V (Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin), Director, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico,
Oklahoma, Texas), Director, Multimedia Planning and
Permitting Division, 1445 Ross Avenue, Dallas, TX
75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska),
Director, Air, RCRA, and Toxics Division, 726 Minnesota
Avenue, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming), Director, Office of Partnerships and
Regulatory Assistance, 999 18th Street, Suite 500, Denver,
Colorado 80202-2466.
EPA Region IX (American Samoa, Arizona, California,
Guam, Hawaii, Nevada), Director, Air Division, 75 Hawthorne
Street, San Francisco, CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington),
Director, Office of Air Quality, 1200 Sixth Avenue, Seattle,
WA 98101.
59.410 State authority.
The provisions of this subpart must not be construed in
any manner to preclude any State or political subdivision
thereof from:
(a) Adopting and enforcing any emissions standard or
limitation applicable to a manufacturer or importer of
architectural coatings; or
(b) Requiring the manufacturer or importer of
architectural coatings to obtain permits, licenses, or
approvals prior to initiating construction, modification, or
operation of a facility for manufacturing an architectural
coating.
59.411 Circumvention.
Each manufacturer and importer of any architectural
coating subject to the provisions of this subpart must not
alter, destroy, or falsify any record or report, to conceal
what would otherwise be noncompliance with this subpart.
Such concealment includes, but is not limited to, refusing
to provide the Administrator access to all required records
and date-coding information, altering the VOC content of a
coating batch, or altering the results of any required tests
to determine VOC content.
59.412 Incorporations by reference.
(a) The materials listed in this section are
incorporated by reference in the paragraphs noted in
59.401. These incorporations by reference were approved by
the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and
notice of any changes in these materials will be published
in the Federal Register. The materials are available for
purchase at the corresponding addresses noted below, and all
are available for inspection at the Office of the Federal
Register, 800 North Capitol Street, NW, Suite 700,
Washington, DC; at the Air and Radiation Docket and
Information Center, U.S. EPA, 401 M Street, SW, Washington,
DC 20460; and at the EPA Library (MD-35), U.S. EPA, Research
Triangle Park, North Carolina.
(b) The materials listed below are available for
purchase at the following address: American Society for
Testing and Materials (ASTM), 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
(1) ASTM Method C 1315-95, Standard Specification for
Liquid Membrane-Forming Compounds Having Special Properties
for Curing and Sealing Concrete, incorporation by reference
approved for 59.401, Concrete curing and sealing compound.
(2) ASTM Method D 523-89, Standard Test Method for
Specular Gloss, incorporation by reference approved for
59.401, Flat coating and Nonflat coating.
(3) ASTM Method D 1640-83 (Reapproved 1989), Standard
Test Methods for Drying, Curing, or Film Formation of
Organic Coatings at Room Temperature, incorporation by
reference approved for 59.401, Quick-dry enamel and
Quick-dry primer, sealer, and undercoater.
(4) ASTM Method D 3912-80 (Reapproved 1989), Standard
Test Method for Chemical Resistance of Coatings Used in
Light-Water Nuclear Power Plants, incorporation by reference
approved for 59.401, Nuclear coating.
(5) ASTM Method D 4082-89, Standard Test Method for
Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, incorporation by reference
approved for 59.401, Nuclear coating.
(c) The following material is available from the AAMA,
1827 Walden Office Square, Suite 104, Schaumburg, IL 60173.
(1) AAMA 605-98, Voluntary Specification Requirements
and Test Procedures for High Performance Organic Coatings on
Aluminum Extrusions and Panels, incorporation by reference
approved for 59.401, Extreme high durability coating.
59.413 Availability of information and confidentiality.
(a) Availability of information. The availability to
the public of information provided to or otherwise obtained
by the Administrator under this part shall be governed by
part 2 of this chapter.
(b) Confidentiality. All confidential business
information entitled to protection under section 114(c) of
the Act that must be submitted or maintained by each
manufacturer or importer of architectural coatings pursuant
to this section shall be treated in accordance with
40 CFR part 2, subpart B.
Appendix A to subpart D--Determination of Volatile Matter
Content of Methacrylate Multicomponent Coatings Used as
Traffic Marking Coatings
1.0 Principle and Applicability
1.1 Applicability. This modification to Method 24 of
appendix A of 40 CFR part 60 applies to the determination of
volatile matter content of methacrylate multicomponent
coatings used as traffic marking coatings.
1.2 Principle. A known amount of methacrylate
multicomponent coating is dispersed in a weighing dish using
a stirring device before the volatile matter is removed by
heating in an oven.
2.0 Procedure
2.1 Prepare about 100 milliliters (mL) of sample by
mixing the components in a storage container, such as a
glass jar with a screw top or a metal can with a cap. The
storage container should be just large enough to hold the
mixture. Combine the components (by weight or volume) in
the ratio recommended by the manufacturer. Tightly close
the container between additions and during mixing to prevent
loss of volatile materials. Most manufacturers' mixing
instructions are by volume. Because of possible error
caused by expansion of the liquid when measuring the volume,
it is recommended that the components be combined by weight.
When weight is used to combine the components and the
manufacturer's recommended ratio is by volume, the density
must be determined by section 3.5 of Method 24 of appendix A
of 40 CFR part 60.
2.2 Immediately after mixing, take aliquots from this
100 mL sample for determination of the total volatile
content, water content, and density. To determine water
content, follow section 3.4 of Method 24 of appendix A of 40
CFR part 60. To determine density, follow section 3.5 of
Method 24. To determine total volatile content, use the
apparatus and reagents described in section 3.8.2 of
Method 24 and the following procedures:
2.2.1 Weigh and record the weight of an aluminum foil
weighing dish and a metal paper clip. Using a syringe as
specified in section 3.8.2.1 of Method 24, weigh to 1
milligrams (mg), by difference, a sample of coating into the
weighing dish. For methacrylate multicomponent coatings
used for traffic marking use 3.0 + 0.1 g.
2.2.2 Add the specimen and use the metal paper clip to
disperse the specimen over the surface of the weighing dish.
If the material forms a lump that cannot be dispersed,
discard the specimen and prepare a new one. Similarly,
prepare a duplicate. The sample shall stand for a minimum
of 1 hour, but no more than 24 hours before being oven dried
at 110 + 5 degrees Celsius for 1 hour.
2.2.3 Heat the aluminum foil dishes containing the
dispersed specimens in the forced draft oven for 60 minutes
at 110 + 5 degrees Celsius. Caution--provide adequate
ventilation, consistent with accepted laboratory practice,
to prevent solvent vapors from accumulating to a dangerous
level.
2.2.4 Remove the dishes from the oven, place
immediately in a desiccator, cool to ambient temperature,
and weigh to within 1 mg. After weighing, break up the film
of the coating using the metal paper clip. Weigh dish to
within 1 mg. Return to forced draft oven for an additional
60 minutes at 110 + 5 degrees Celsius.
2.2.5 Remove the dishes from the oven, place
immediately in a desiccator, cool to ambient temperature,
and weigh to within 1 mg.
2.2.6 Run analyses in pairs (duplicate sets for each
coating mixture until the criterion in section 4.3 of Method
24 of appendix A of 40 CFR part 60 is met. Calculate the
weight of volatile matter for each heating period following
Equation 24-2 of Method 24 and record the arithmetic
average. Add the arithmetic average for the two heating
periods to obtain the weight fraction of the volatile
matter.
3.0 Data Validation Procedure
3.1 Follow the procedures in Section 4 of Method 24 of
appendix A to 40 CFR part 60.
3.2 If more than 10 percent of the sample is lost when
the sample is being broken up in 2.2.4, the sample is
invalid.
4.0 Calculations
Follow the calculation procedures in Section 5 of
Method 24 of appendix A of 40 CFR part 60.
* * * * *
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