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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 28:28:2.0.1.1.16.0.1.1 | 28 | Judicial Administration | I | 59 | PART 59—GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES | § 59.1 Introduction. | DOJ | (a) A search for documentary materials necessarily involves intrusions into personal privacy. First, the privacy of a person's home or office may be breached. Second, the execution of such a search may require examination of private papers within the scope of the search warrant, but not themselves subject to seizure. In addition, where such a search involves intrusions into professional, confidential relationships, the privacy interests of other persons are also implicated. (b) It is the responsibility of federal officers and employees to recognize the importance of these personal privacy interests, and to protect against unnecessary intrusions. Generally, when documentary materials are held by a disinterested third party, a subpoena, administrative summons, or governmental request will be an effective alternative to the use of a search warrant and will be considerably less intrusive. The purpose of the guidelines set forth in this part is to assure that federal officers and employees do not use search and seizure to obtain documentary materials in the possession of disinterested third parties unless reliance on alternative means would substantially jeopardize their availability ( e.g., by creating a risk of destruction, etc.) or usefulness ( e.g., by detrimentally delaying the investigation, destroying a chain of custody, etc.). Therefore, the guidelines in this part establish certain criteria and procedural requirements which must be met before a search warrant may be used to obtain documentary materials held by disinterested third parties. The guidelines in this part are not intended to inhibit the use of less intrusive means of obtaining documentary materials such as the use of a subpoena, summons, or formal or informal request. | |||||||
| 28:28:2.0.1.1.16.0.1.2 | 28 | Judicial Administration | I | 59 | PART 59—GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES | § 59.2 Definitions. | DOJ | As used in this part— (a) The term attorney for the government shall have the same meaning as is given that term in Rule 54(c) of the Federal Rules of Criminal Procedure; (b) The term disinterested third party means a person or organization not reasonably believed to be— (1) A suspect in the criminal offense to which the materials sought under these guidelines relate; or (2) Related by blood or marriage to such a suspect; (c) The term documentary materials means any materials upon which information is recorded, and includes, but is not limited to, written or printed materials, photographs, films or negatives, audio or video tapes, or materials upon which information is electronically or magnetically recorded, but does not include materials which constitute contraband, the fruits or instrumentalities of a crime, or things otherwise criminally possessed; (d) The term law enforcement officer shall have the same meaning as the term “federal law enforcement officer” as defined in Rule 41(h) of the Federal Rules of Criminal Procedure; and (e) The term supervisory official of the Department of Justice means the supervising attorney for the section, office, or branch within the Department of Justice which is responsible for the investigation or prosecution of the offense at issue, or any of his superiors. | |||||||
| 28:28:2.0.1.1.16.0.1.3 | 28 | Judicial Administration | I | 59 | PART 59—GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES | § 59.3 Applicability. | DOJ | [Order No. 942-81, 46 FR 22364, Apr. 17, 1981, as amended by AG Order No. 3420-2014, 79 FR 10994, Feb. 27, 2014] | (a) The guidelines set forth in this part apply, pursuant to section 201 of the Privacy Protection Act of 1980 (Sec. 201, Pub. L. 96-440, 94 Stat. 1879, (42 U.S.C. 2000aa-11)), to the procedures used by any federal officer or employee, in connection with the investigation or prosecution of a criminal offense, to obtain documentary materials in the private possession of a disinterested third party. (b) The guidelines set forth in this part do not apply to: (1) Audits, examinations, or regulatory, compliance, or administrative inspections or searches pursuant to federal statute or the terms of a federal contract; (2) The conduct of foreign intelligence or counterintelligence activities by a government authority pursuant to otherwise applicable law; (3) The conduct, pursuant to otherwise applicable law, of searches and seizures at the borders of, or at international points of entry into, the United States in order to enforce the customs laws of the United States; (4) Governmental access to documentary materials for which valid consent has been obtained; or (5) Methods of obtaining documentary materials whose location is known but which have been abandoned or which cannot be obtained through subpoena or request because they are in the possession of a person whose identity is unknown and cannot with reasonable effort be ascertained. (c) The use of search and seizure to obtain documentary materials which are believed to be possessed for the purpose of disseminating to the public a book, newspaper, broadcast, or other form of public communication is subject to title I of the Privacy Protection Act of 1980 (Sec. 101, et seq., Pub. L. 96-440, 94 Stat. 1879 (42 U.S.C. 2000aa, et seq. )), which strictly prohibits the use of search and seizure to obtain such materials except under specified circumstances. (d) These guidelines are not intended to supersede any other statutory, regulatory, or policy limitations on access to, or the use or disclosure of particular types of documentary materials, including, but not li… | ||||||
| 28:28:2.0.1.1.16.0.1.4 | 28 | Judicial Administration | I | 59 | PART 59—GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES | § 59.4 Procedures. | DOJ | 1 Notwithstanding the provisions of this section, any application for a warrant to search for evidence of a criminal tax offense under the jurisdiction of the Tax Division must be specifically approved in advance by the Tax Division pursuant to section 6-2.330 of the U.S. Attorneys' Manual. (a) Provisions governing the use of search warrants generally. (1) A search warrant should not be used to obtain documentary materials believed to be in the private possession of a disinterested third party unless it appears that the use of a subpoena, summons, request, or other less intrusive alternative means of obtaining the materials would substantially jeopardize the availability or usefulness of the materials sought, and the application for the warrant has been authorized as provided in paragraph (a)(2) of this section. (2) No federal officer or employee shall apply for a warrant to search for and seize documentary materials believed to be in the private possession of a disinterested third party unless the application for the warrant has been authorized by an attorney for the government. Provided, however, that in an emergency situation in which the immediacy of the need to seize the materials does not permit an opportunity to secure the authorization of an attorney for the government, the application may be authorized by a supervisory law enforcement officer in the applicant's department or agency, if the appropriate U.S. Attorney (or where the case is not being handled by a U.S. Attorney's Office, the appropriate supervisory official of the Department of Justice) is notified of the authorization and the basis for justifying such authorization under this part within 24 hours of the authorization. (b) Provisions governing the use of search warrants which may intrude upon professional, confidential relationships. (1) A search warrant should not be used to obtain documentary materials believed to be in the private possession of a disinterested third party physician, 2 lawyer, or clergyman, under circumstances… | |||||||
| 28:28:2.0.1.1.16.0.1.5 | 28 | Judicial Administration | I | 59 | PART 59—GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES | § 59.5 Functions and authorities of the Deputy Assistant Attorneys General. | DOJ | The functions and authorities of the Deputy Assistant Attorneys General set out in this part may at any time be exercised by an Assistant Attorney General, the Associate Attorney General, the Deputy Attorney General, or the Attorney General. | |||||||
| 28:28:2.0.1.1.16.0.1.6 | 28 | Judicial Administration | I | 59 | PART 59—GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES | § 59.6 Sanctions. | DOJ | (a) Any federal officer or employee violating the guidelines set forth in this part shall be subject to appropriate disciplinary action by the agency or department by which he is employed. (b) Pursuant to section 202 of the Privacy Protection Act of 1980 (sec. 202, Pub. L. 96-440, 94 Stat. 1879 (42 U.S.C. 2000aa-12)), an issue relating to the compliance, or the failure to comply, with the guidelines set forth in this part may not be litigated, and a court may not entertain such an issue as the basis for the suppression or exclusion of evidence. | |||||||
| 38:38:2.0.1.1.23.0.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.1 Purpose. | VA | This part sets forth the mechanism for a State to obtain a grant: (a) To construct State home facilities (or to acquire facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans, and (b) To expand, remodel, or alter existing buildings for furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes. | |||||||
| 38:38:2.0.1.1.23.0.360.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.50 Priority list. | VA | [66 FR 33847, June 26, 2001, as amended at 71 FR 46104, Aug. 11, 2006; 77 FR 10665, Feb. 23, 2012; 78 FR 21265, Apr. 10, 2013] | (a) The Secretary will make a list prioritizing the applications that were received on or before April 15 and that were approved under § 59.20 of this part. Except as otherwise provided in this section, applications will be prioritized from the highest to the lowest in the following order: (1) Priority group 1. An application from a State that has made sufficient funds available for the project for which the grant is requested so that such project may proceed upon approval of the grant without further action required by the State (such as subsequent issuance of bonds) to make such funds available for the project. To meet this criteria, the State must provide to VA a letter from an authorized State budget official certifying that the State funds are, or will be, available for the project, so that if VA awards the grant, the project may proceed without further State action to make such funds available (such as further action to issue bonds). If the certification is based on an Act authorizing the project and making available the State's matching funds for the project, a copy of the Act must be submitted with the certification. (i) Priority group 1—subpriority 1. An application for a life or safety project, which means a project to remedy a condition, or conditions, at an existing facility that have been cited as threatening to the lives or safety of one or more of the residents or program participants in the facility by a VA safety office, VA engineering office, or other VA office with responsibility for life and safety inspections; a State or local government agency (including a Fire Marshal); or an accrediting institution (including the Joint Commission on Accreditation of Healthcare Organizations). Unless an addition or replacement of building utility systems or features is necessary to remedy a cited threat to the lives or safety of residents and program participants, this priority group does not include applications for the addition or replacement of building utility systems or features; such application… | ||||||
| 38:38:2.0.1.1.23.0.360.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.60 Additional application requirements. | VA | [66 FR 33847, June 26, 2001, as amended at 73 FR 58880, Oct. 8, 2008] | For a project to be eligible for a grant under this part for the fiscal year for which the priority list was made, during that fiscal year the State must submit to VA an original and a copy of the following: (a) Complete, updated Standard Forms 424 (mark the box labeled application and submit the information requested for an application), 424C, and 424D (these forms are available on the internet Web site provided in § 59.170 of this part), and (b) A completed VA Form 10-0388-5 and all information and documentation specified by VA Form 10-0388-5 (this form is available on the internet Web site provided in § 59.170). | ||||||
| 38:38:2.0.1.1.23.0.360.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.70 Award of grants. | VA | [66 FR 33847, June 26, 2001, as amended at 77 FR 10665, Feb. 23, 2012] | (a) The Secretary, during the fiscal year for which a priority list is made under this part, will: (1) Award a grant for each application that has been approved under § 59.20, that is sufficiently high on the priority list so that funding is available for the application, that meets the additional application requirements in § 59.60, and that meets all other requirements under this part for obtaining a grant, or (2) Conditionally approve a grant for a project for which a State has submitted an application that substantially meets the requirements of this part if the State representative requests conditional approval and provides written assurance that the State will meet all requirements for a grant not later than 180 calendar days after the date of conditional approval. If a State that has obtained conditional approval for a project does not meet all of the requirements within 180 calendar days after the date of conditional approval, the Secretary will rescind the conditional approval and the project will be ineligible for a grant in the fiscal year in which the State failed to fully complete the application. The funds that were conditionally obligated for the project will be deobligated. (b) As a condition of receiving a grant, a State must make sufficient funds available for the project for which the grant is requested so that such project may proceed upon approval of the grant without further action required by the State (such as subsequent issuance of bonds) to make such funds available for such purpose. To meet this criteria, the State must provide to VA a letter from an authorized State budget official certifying that the State funds are, or will be, available for the project, so that if VA awards the grant, the project may proceed without further State action to make such funds available (such as further action to issue bonds). If the certification is based on an Act authorizing the project and making available the State's matching funds for the project, a copy of the Act must be submitted with the cer… | ||||||
| 38:38:2.0.1.1.23.0.360.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.80 Amount of grant. | VA | (a) The total cost of a project (VA and State) for which a grant is awarded under this part may not be less than $400,000 and, except as provided in paragraph (i) of this section, the total cost of a project will not exceed the total cost of new construction. The amount of a grant awarded under this part will be the amount requested by the State and approved in accordance with this part, not to exceed 65 percent of the total cost of the project except that: (1) The total cost of a project will not include the cost of space that exceeds the maximum allowable space specified in this part, and (2) The amount of the grant may be less than 65 percent of the total cost of the project if the State accepts less because VA did not have sufficient funds to award the full amount of the grant requested. (b) The total cost of a project under this part for acquisition of a facility may also include construction costs. (c) The total cost of a project under this part will not include any costs incurred before the date VA sent the State written notification that the application in § 59.20 was approved. (d) The total cost of a project under this part may include administration and production costs, e.g., architectural and engineering fees, inspection fees, and printing and advertising costs. (e) The total cost of a project under this part may include the cost of projects on the grounds of the facility, e.g., parking lots, landscaping, sidewalks, streets, and storm sewers, only if they are inextricably involved with the construction of the project. (f) The total cost of a project under this part may include the cost of equipment necessary for the operation of the State home facility. This may include the cost of: (1) Fixed equipment included in the construction or acquisition contract. Fixed equipment must be permanently affixed to the building or connected to the heating, ventilating, air conditioning, or other service distributed through the building via ducts, pipes, wires, or other connecting device. Fixed equipment mus… | |||||||
| 38:38:2.0.1.1.23.0.360.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.90 Line item adjustments to grants. | VA | After a grant has been awarded, upon request from the State representative, VA may approve a change in a line item (line items are identified in Form 424C which is set forth in § 59.170(o) of this part) of up to 10 percent (increase or decrease) of the cost of the line item if the change would be within the scope or objective of the project and would not change the amount of the grant. | |||||||
| 38:38:2.0.1.1.23.0.360.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.100 Payment of grant award. | VA | [73 FR 58880, Oct. 8, 2008] | The amount of the grant award will be paid to the State or, if designated by the State representative, the State home for which such project is being carried out or any other State agency or instrumentality. Such amount shall be paid by way of reimbursement, and in such installments consistent with the progress of the project as the Chief Consultant, Geriatrics and Extended Care, may determine and certify for payment to the appropriate Federal institution. Funds paid under this section for an approved project shall be used solely for carrying out such project as so approved. As a condition for the final payment, the State must comply with the requirements of this part based on an architectural and engineering inspection approved by VA, must obtain VA approval of the final equipment list submitted by the State representative, and must submit to VA a completed VA Form 10-0388-13 (this form is available on the internet Web site provided in § 59.170). The equipment list and the completed VA Form 10-0388-13 must be submitted to the Chief Consultant, Geriatrics and Extended Care (114), VHA Headquarters; 810 Vermont Avenue, NW.; Washington, DC 20420. | ||||||
| 38:38:2.0.1.1.23.0.360.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.110 Recapture provisions. | VA | If a facility for which a grant has been awarded ceases to be operated as a State home for the purpose for which the grant was made, the United States shall be entitled to recover from the State which was the recipient of the grant or from the then owner of such construction as follows: (a) If less than 20 years has lapsed since the grant was awarded, and VA provided 65 percent of the estimated cost to construct, acquire or renovate a State home facility principally for furnishing domiciliary care, nursing home care, adult day health care, hospital care, or non-institutional care to veterans, VA shall be entitled to recover 65 percent of the current value of such facility (but in no event an amount greater than the amount of assistance provided for such under these regulations), as determined by agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated. (b) Based on the time periods for grant amounts set forth below, if VA provided between 50 and 65 percent of the estimated cost of expansion, remodeling, or alteration of an existing State home facility, VA shall be entitled to recover the amount of the grant as determined by agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated: (c) If the magnitude of the VA contribution is below 50 percent of the estimated cost of the expansion, remodeling, or alteration of an existing State home facility recognized by the Department of Veterans Affairs, the Under Secretary for Health may authorize a recovery period between 7 and 20 years depending on the grant amount involved and the magnitude of the project. (d) This section does not apply to any portion of a State home in which VA has established and operates an outpatient clinic. | |||||||
| 38:38:2.0.1.1.23.0.360.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.120 Hearings. | VA | If the Secretary determines that a submission from a State does not meet the requirements of this part, the Secretary will advise the State by letter that a grant is tentatively denied, explain the reasons for the tentative denial, and inform the State of the opportunity to appeal to the Board of Veterans' Appeals pursuant to 38 U.S.C. 7105. Decisions under this part are not subject to the provisions of § 17.133 of this order. | |||||||
| 38:38:2.0.1.1.23.0.360.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.121 Amendments to application. | VA | Any amendment of an application that changes the scope of the application or changes the cost estimates by 10 percent or more shall be subject to approval in the same manner as an original application. | |||||||
| 38:38:2.0.1.1.23.0.360.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.122 Withdrawal of application. | VA | A State representative may withdraw an application by submitting to VA a written document requesting withdrawal. | |||||||
| 38:38:2.0.1.1.23.0.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.2 Definitions. | VA | [66 FR 33847, June 26, 2001, as amended at 75 FR 17860, Apr. 8, 2010] | For the purpose of this part: Acquisition means the purchase of a facility in which to establish a State home for the provision of domiciliary and/or nursing home care to veterans. Adult day health care is a therapeutically-oriented outpatient day program, which provides health maintenance and rehabilitative services to participants. The program must provide individualized care delivered by an interdisciplinary health care team and support staff, with an emphasis on helping participants and their caregivers to develop the knowledge and skills necessary to manage care requirements in the home. Adult day health care is principally targeted for complex medical and/or functional needs of elderly veterans. Construction means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, or adult day health care, or hospital care in State homes, and the provision of initial equipment for any such buildings. Domiciliary care means providing shelter, food, and necessary medical care on an ambulatory self-care basis (this is more than room and board). It assists eligible veterans who are suffering from a disability, disease, or defect of such a degree that incapacitates veterans from earning a living, but who are not in need of hospitalization or nursing care services. It assists in attaining physical, mental, and social well-being through special rehabilitative programs to restore residents to their highest level of functioning. Nursing home care means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing care and related medical services. Secretary means the Secretary of the United States Department of Veterans Affairs. State means each of the several states, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.… | ||||||
| 38:38:2.0.1.1.23.0.360.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.123 Conference. | VA | At any time, VA may recommend that a conference (such as a design development conference) be held in VA Central Office in Washington, DC, to provide an opportunity for the State and its architects to discuss requirements for a grant with VA officials. | |||||||
| 38:38:2.0.1.1.23.0.360.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.124 Inspections, audits, and reports. | VA | [66 FR 33847, June 26, 2001, as amended at 80 FR 43323, July 22, 2015] | (a) A State will allow VA inspectors and auditors to conduct inspections and audits as necessary to ensure compliance with the provisions of this part. The State will provide evidence that it has met its responsibility under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR part 200 and submit that evidence to VA. (b) A State will make such reports in such form and containing such information as the Chief Consultant, Geriatrics and Extended Care, may from time to time reasonably require and give the Chief Consultant, Geriatrics and Extended Care, upon demand, access to the records upon which such information is based. | ||||||
| 38:38:2.0.1.1.23.0.360.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.130 General requirements for all State home facilities. | VA | [66 FR 33847, June 26, 2001, as amended at 76 FR 10249, Feb. 24, 2011; 80 FR 44862, July 28, 2015] | As a condition for receiving a grant and grant funds under this part, States must comply with the requirements of this section. (a) The physical environment of a State home must be designed, constructed, equipped, and maintained to protect the health and safety of participants, personnel and the public. (b) A State home must meet the general conditions of the American Institute of Architects, or other general conditions required by the State, for awarding contracts for State home grant projects. Facilities must meet all Federal, State, and local requirements, including the Uniform Federal Accessibility Standards (UFAS) (24 CFR part 40, appendix A), during the design and construction of projects subject to this part. If the State or local requirements are different from the Federal requirements, compliance with the most stringent provisions is required. A State must design and construct the project to provide sufficient space and equipment in dining, health services, recreation, and program areas to enable staff to provide residents with needed services as required by this part and as identified in each resident's plan of care. (c) State homes should be planned to approximate the home atmosphere as closely as possible. The interior and exterior should provide an attractive and home-like environment for elderly residents. The site will be located in a safe, secure, residential-type area that is accessible to acute medical care facilities, community activities and amenities, and transportation facilities typical of the area. (d)(1) State homes must meet the applicable provisions of NFPA 101, Life Safety Code, except that the NFPA requirement in paragraph 19.3.5.1 for all buildings containing nursing homes to have an automatic sprinkler system is not applicable until February 24, 2016 for “existing buildings” with nursing home facilities as of June 25, 2001 (paragraph 3.3.36.5 in the NFPA 101 defines an “[e]xisting [b]uilding” as “[a] building erected or officially authorized prior to the effective date of the ad… | ||||||
| 38:38:2.0.1.1.23.0.360.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.140 Nursing home care requirements. | VA | As a condition for receiving a grant and grant funds for a nursing home facility under this part, States must comply with the requirements of this section. (a) Resident rooms must be designed and equipped for adequate nursing care, comfort, and privacy of residents. Resident rooms must: (1) Accommodate no more than four residents; (2) Have direct access to an exit corridor; (3) Have at least one window to the outside; (4) Be equipped with, or located near, toilet and bathing facilities (VA recommends that public toilet facilities also be located near the residents dining and recreational areas); (5) Be at or above grade level; (6) Be designed or equipped to ensure full visual privacy for each resident; (7) Except in private rooms, each bed must have ceiling suspended curtains that extend around the bed to provide total visual privacy in combination with adjacent walls and curtains; (8) Have a separate bed for each resident of proper size and height for the safety of the resident; (9) Have a clean, comfortable mattress; (10) Have bedding appropriate to the weather and climate; (11) Have functional furniture appropriate to the resident's needs, and (12) Have individual closet space with clothes racks and shelves accessible to the resident. (b) Unless determined by VA as necessary to accommodate an increased quality of care for patients, a nursing home project may propose a deviation of no more than 10 percent (more or less) from the following net square footage for the State to be eligible for a grant of 65 percent of the total estimated cost of the project. If the project proposes building more than the following net square footage and VA makes a determination that it is not needed, the cost of the additional net square footage will not be included in the estimated total cost of construction. Table to Paragraph ( b )—Nursing Home 1 The size to be determined by the Chief Consultant, Geriatrics and Extended Care, as necessary to accommodate projected patient care needs (must be justified by State in… | |||||||
| 38:38:2.0.1.1.23.0.360.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.150 Domiciliary care requirements. | VA | As a condition for receiving a grant and grant funds for a domiciliary under this part, the domiciliary must meet the requirements for a nursing home specified in § 59.140 of this part. | |||||||
| 38:38:2.0.1.1.23.0.360.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.160 Adult day health care requirements. | VA | As a condition for receiving a grant and grant funds under this part for an adult day health care facility, States must meet the requirements of this section. (a) Each adult day health care program, when it is co-located in a nursing home, domiciliary, or other care facility, must have its own separate designated space during operational hours. (b) The indoor space for an adult day health care program must be at least 100 square feet per participant including office space for staff, and must be 60 square feet per participant excluding office space for staff. (c) Each program will need to design and partition its space to meet its own needs, but the following functional areas must be available: (1) A dividable multipurpose room or area for group activities, including dining, with adequate table setting space. (2) Rehabilitation rooms or an area for individual and group treatments for occupational therapy, physical therapy, and other treatment modalities. (3) A kitchen area for refrigerated food storage, the preparation of meals and/or training participants in activities of daily living. (4) An examination and/or medication room. (5) A quiet room (with at least one bed), which functions to isolate participants who become ill or disruptive, or who require rest, privacy, or observation. It should be separate from activity areas, near a restroom, and supervised. (6) Bathing facilities adequate to facilitate bathing of participants with functional impairments. (7) Toilet facilities and bathrooms easily accessible to people with mobility problems, including participants in wheelchairs. There must be at least one toilet for every eight participants. The toilets must be equipped for use by persons with limited mobility, easily accessible from all programs areas, i.e. , preferably within 40 feet from that area, designed to allow assistance from one or two staff, and barrier free. (8) Adequate storage space. There should be space to store arts and crafts materials, personal clothing and belongings, wheelchairs, … | |||||||
| 38:38:2.0.1.1.23.0.360.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.170 Forms. | VA | [73 FR 58880, Oct. 8, 2008] | All forms required by this part are available on the internet at “ http://www.va.gov/forms/” for VA Forms and at “ http://www.gsa.gov” for Standard Forms, or at the Veterans Health Administration, Room 789, 810 Vermont Ave., NW., Washington, DC 20420. | ||||||
| 38:38:2.0.1.1.23.0.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.3 Federal Application Identifier. | VA | Once VA has provided the State representative with a Federal Application Identifier Number for a project, the number must be included on all subsequent written communications to VA from the State, or its agent, regarding a request for a grant for that project under this part. | |||||||
| 38:38:2.0.1.1.23.0.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.4 Decisionmakers, notifications, and additional information. | VA | [66 FR 33847, June 26, 2001, as amended at 78 FR 21265, Apr. 10, 2013] | The decisionmaker for decisions required under this part will be the Director, Capital Asset Management and Support, unless specified to be the Secretary or other VA official. The VA decisionmaker will provide written notice to affected States of approvals, denials, or requests for additional information under this part. | ||||||
| 38:38:2.0.1.1.23.0.360.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.5 Submissions of information and documents to VA. | VA | [66 FR 33847, June 26, 2001, as amended at 78 FR 21265, Apr. 10, 2013] | All submissions of information and documents required to be presented to VA must be made, unless otherwise specified under this part, to the Director, Capital Asset Management and Support (10NA5), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. | ||||||
| 38:38:2.0.1.1.23.0.360.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.10 General requirements for a grant. | VA | For a State to obtain a grant under this part and grant funds, its initial application for the grant must be approved under § 59.20, and the project must be ranked sufficiently high on the priority list for the current fiscal year so that funding is available for the project. It must meet the additional application requirements in § 59.60, and it must meet all other requirements under this part for obtaining a grant and grant funds. | |||||||
| 38:38:2.0.1.1.23.0.360.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.20 Initial application requirements. | VA | [66 FR 33847, June 26, 2001, as amended at 73 FR 58880, Oct. 8, 2008; 77 FR 10665, Feb. 23, 2012] | (a) For a project to be considered for inclusion on the priority list in § 59.50 of this part for the next fiscal year, a State must submit to VA an original and one copy of a completed VA Form 10-0388-1 and all information, documentation, and other forms specified by VA Form 10-0388-1 (these forms are available on the internet Web sites provided in § 59.170 of this part). (b) The Secretary, based on the information submitted for a project pursuant to paragraph (a) of this section, will approve the project for inclusion on the priority list in § 59.50 of this part if the submission includes all of the information requested under paragraph (a) of this section and if the submission represents a project that, if further developed, could meet the requirements for a grant under this part. (c) The items requested under paragraph (a) of this section must be received by VA no later than April 15 in order for VA to include the application on the priority list for the award of grants during the next fiscal year. See § 59.50, Priority List. (d) If a State representative believes that VA may not award a grant to the State for a grant application during the current fiscal year and wants to ensure that VA includes the application on the priority list for the next fiscal year, the State representative must, prior to April 15 of the current fiscal year, (1) Request VA to include the application in those recommended to the Secretary for inclusion on the priority list, and (2) Send any updates to VA. | ||||||
| 38:38:2.0.1.1.23.0.360.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.30 Documentation. | VA | For a State to obtain a grant and grant funds under this part, the State must submit to VA documentation that the site of the project is in reasonable proximity to a sufficient concentration and population of veterans that are 65 years of age and older and that there is a reasonable basis to conclude that the facility when complete will be fully occupied. This documentation must be included in the initial application submitted to VA under § 59.20. | |||||||
| 38:38:2.0.1.1.23.0.360.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.40 Maximum number of nursing home care and domiciliary care beds for veterans by State. | VA | [66 FR 33847, June 26, 2001, as amended at 75 FR 17860, Apr. 8, 2010] | (a) Except as provided in paragraph (b) of this section, a state may not request a grant for a project to construct or acquire a new state home facility, to increase the number of beds available at a state home facility, or to replace beds at a state home facility if the project would increase the total number of state home nursing home and domiciliary beds in that state beyond the maximum number designated for that state, as shown in the following chart. The provisions of 38 U.S.C. 8134 require VA to prescribe for each state the number of nursing home and domiciliary beds for which grants may be furnished ( i.e. , the unmet need). A state's unmet need for state home nursing home and domiciliary beds is the number in the following chart for that state minus the sum of the number of nursing home and domiciliary beds in operation at state home facilities and the number of state home nursing home and domiciliary beds not yet in operation but for which a grant has either been requested or awarded under this part. The provisions of 38 U.S.C. 8134 require that the “un-met need” numbers be based on a 10-year projection of demand for nursing home and domiciliary care by veterans who at such time are 65 years of age or older and who reside in that state. In determining the projected demand, VA must take into account travel distances for veterans and their families. (b) A State may request a grant for a project that would increase the total number of State nursing home and domiciliary beds beyond the maximum number for that State, if the State submits to VA, documentation to establish a need for the exception based on travel distances of at least two hours (by land transportation or any other usual mode of transportation if land transportation is not available) between a veteran population center sufficient for the establishment of a State home and any existing State home. The determination regarding a request for an exception will be made by the Secretary. | ||||||
| 40:40:6.0.1.1.7.1.6.1 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | A | Subpart A—General | § 59.1 Final determinations under Section 183(e)(3)(C) of the CAA. | EPA | [73 FR 58491, Oct. 7, 2008] | This section identifies the consumer and commercial product categories for which EPA has determined that CTGs will be substantially as effective as regulations in reducing VOC emissions in ozone nonattainment areas: (a) Wood furniture coatings; (b) Aerospace coatings; (c) Shipbuilding and repair coatings; (d) Lithographic printing materials; (e) Letterpress printing materials; (f) Flexible packaging printing materials; (g) Flat wood paneling coatings; (h) Industrial cleaning solvents; (i) Paper, film, and foil coatings; (j) Metal furniture coatings; (k) Large appliance coatings; (l) Miscellaneous metal products coatings; (m) Plastic parts coatings; (n) Auto and light-duty truck assembly coatings; (o) Fiberglass boat manufacturing materials; and (p) Miscellaneous industrial adhesives. | |||
| 40:40:6.0.1.1.7.2.6.1 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.100 Applicability and designation of regulated entity. | EPA | (a) The provisions of this subpart apply to automobile refinish coatings and coating components manufactured on or after January 11, 1999 for sale or distribution in the United States. (b) Regulated entities are manufacturers and importers of automobile refinish coatings or coating components that sell or distribute these coatings or coating components in the United States. (c) The provisions of this subpart do not apply to automobile refinish coatings or coating components meeting the criteria in paragraphs (c)(1) through (c)(6) of this section. (1) Coatings or coating components that are manufactured (in or outside the United States) exclusively for sale outside the United States. (2) Coatings or coating components that are manufactured (in or outside the United States) before January 11, 1999. (3) Coatings or coating components that are manufactured (in or outside the United States) for use by original equipment manufacturers. (4) Coatings that are sold in nonrefillable aerosol containers. (5) Lacquer topcoats or their components. (6) Touch-up coatings. | ||||
| 40:40:6.0.1.1.7.2.6.10 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.109 Circumvention. | EPA | Each manufacturer and importer of any automobile refinish coating or component 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 or component batch, or altering the results of any required tests to determine VOC content. | ||||
| 40:40:6.0.1.1.7.2.6.11 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.110 Incorporations by Reference. | EPA | [64 FR 48815, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004] | (a) The following material is incorporated by reference in the paragraphs noted in § 59.104. 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. (1) ASTM D 1613-96, Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products, IBR approved for § 59.104(d). (2) ASTM D 523-89, Standard Test Method for Specular Gloss, IBR approved for § 59.104(e). (b) The materials are available for inspection at the Air and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC; and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The materials are available for purchase from the following address: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA, 19428, telephone number (610) 832-9500. | |||
| 40:40:6.0.1.1.7.2.6.12 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.111 Availability of information and confidentiality. | EPA | (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 regulated entity pursuant to this section shall be treated in accordance with 40 CFR part 2, subpart B. | ||||
| 40:40:6.0.1.1.7.2.6.2 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.101 Definitions. | EPA | Adhesion promoter means a coating designed to facilitate the bonding of a primer or topcoat on surfaces such as trim moldings, door locks, and door sills, where sanding is impracticable, and on plastic parts and the edges of sanded areas. Administrator means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or an authorized representative. Automobile means passenger cars, vans, motorcycles, trucks, and all other mobile equipment. Automobile refinish coating component means any portion of a coating, such as a reducer or thinner, hardener, additive, etc., recommended (by its manufacturer or importer) to distributors or end-users for automobile refinishing. The raw materials used to produce the components that are mixed by the end-user to prepare a coating for application are not considered automobile refinish coating components. Any reference to automobile refinishing made by a manufacturer or importer on a container or in product literature constitutes a recommendation for automobile refinishing. Automobile refinish coating or coating component importer, or importer, means any company, group, or individual that brings automobile refinish coatings or coating components from a location outside the United States into the United States for sale or distribution in the United States. Automobile refinish coating or coating component manufacturer, or manufacturer, means any company, group, or individual that produces or packages automobile refinish coatings or coating components for sale or distribution in the United States, including an entity which produces or packages such coatings or coating components under a private label for another party. Automobile refinishing means the process of coating automobiles or their parts, including partial body collision repairs, that is subsequent to the original coating applied at an automobile original equipment manufacturing plant. Container means the individual receptacle that holds a coating or coating component for storage and distr… | ||||
| 40:40:6.0.1.1.7.2.6.3 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.102 Standards. | EPA | (a) Except as provided in § 59.106 of this subpart, any coating resulting from the mixing instructions of a regulated entity must meet the VOC content limit given in table 1 of this subpart. VOC content is determined according to § 59.104(a). (b) Different combinations or mixing ratios of coating components constitute different coatings. For example, coating components may be mixed one way to make a primer, and mixed another way to make a primer sealer. Each of these coatings must meet its corresponding VOC content limit in table 1 of this subpart. If the same combination and mixing ratio of coating components is recommended by a regulated entity for use in more than one category in table 1 of this subpart, then the most restrictive VOC content limit shall apply. | ||||
| 40:40:6.0.1.1.7.2.6.4 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.103 Container labeling requirements. | EPA | Each regulated entity subject to this subpart must clearly display on each automobile refinish coating or coating component container or package, the day, month, and year on which the product was manufactured, or a code indicating such date. | ||||
| 40:40:6.0.1.1.7.2.6.5 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.104 Compliance provisions. | EPA | [63 FR 48815, Sept. 11, 1998; 63 FR 64761, Nov. 23, 1998] | (a) For the purpose of determining compliance with the VOC content limits in § 59.102(a) of this subpart, each regulated entity shall determine the VOC content of a coating using the procedures described in paragraph (a)(1) or (a)(2) of this section, as appropriate. (1) Determine the VOC content in grams of VOC per liter of coating prepared for application according to its mixing instructions, excluding the volume of any water or exempt compounds. VOC content shall be calculated using the following equation: Where: VOC content = grams of VOC per liter of coating; W v = mass of total volatiles, in grams; W w = mass of water, in grams; W ec = mass of exempt compounds, in grams; V = volume of coating, in liters; V w = volume of water, in liters; and V ec = volume of exempt compounds, in liters. Where: VOC content = grams of VOC per liter of coating; W v = mass of total volatiles, in grams; W w = mass of water, in grams; W ec = mass of exempt compounds, in grams; V = volume of coating, in liters; V w = volume of water, in liters; and V ec = volume of exempt compounds, in liters. (2) The VOC content of a multi-stage topcoat shall be calculated using the following equation: Where: VOC multi = VOC content of a multi-stage topcoat, in grams of VOC per liter of coating; VOC bc = VOC content of the basecoat, as determined in paragraph (a)(1) or (f) of this section; VOC mci = VOC content of midcoat i, as determined in paragraph (a)(1) or (f) of this section; VOC cc = VOC content of the clearcoat, as determined in paragraph (a)(1) or (f) of this section; and M = Number of midcoats. Where: VOC multi = VOC content of a multi-stage topcoat, in grams of VOC per liter of coating; VOC bc = VOC content of the basecoat, as determined in paragraph (a)(1) or (f) of this section; VOC mci = VOC content of midcoat i, as determined in paragraph (a)(1) or (f) of this section; VOC cc = VOC content of the clearcoat, as determined in paragraph (a)(1) or (f) of this section… | |||
| 40:40:6.0.1.1.7.2.6.6 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.105 Reporting requirements. | EPA | (a) Each regulated entity must submit an initial report no later than January 11, 1999 or within 180 days of the date that the regulated entity first manufactures or imports automobile refinish coatings or coating components, whichever is later. The initial report must include the information in paragraphs (a)(1) through (a)(4) of this section. (1) The name and mailing address of the regulated entity. (2) An explanation of each date code, if such codes are used to represent the date of manufacture, as provided in § 59.103. (3) The street address of each of the regulated entity's facilities in the United States that is producing, packaging, or importing automobile refinish coatings or coating components subject to the provisions of this subpart. (4) A list of the categories from table 1 of this subpart for which the regulated entity recommends the use of automobile refinish coatings or coating components. (b) Each regulated entity must submit an explanation of any new date codes used by the regulated entity no later than 30 days after products bearing the new date code are first introduced into commerce. | ||||
| 40:40:6.0.1.1.7.2.6.7 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.106 Variance. | EPA | (a) Any regulated entity that cannot comply with the requirements of this subpart because of circumstances beyond its reasonable control may apply in writing to the Administrator for a temporary variance. The variance application must 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 the regulated entity will achieve compliance with the provisions of this subpart. This date must be no later than 5 years after the issuance of a variance. (3) A compliance plan detailing the method(s) by which the regulated entity will achieve compliance with the provisions of this subpart. (b) Upon receipt of a variance application containing the information required in paragraph (a) of this section, the Administrator will publish a notice of such application in the Federal Register and, if requested by any party, will hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements of this subpart is necessary and will be granted. If requested, a hearing will be held 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. 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. (c) The Administrator will issue a variance if the criteria specified in paragraphs (c)(1) and (c)(2) are met to the satisfaction of the Administrator. (1) If complying with the provisions of this subpart would not be technologically or economically feasible, and (2) The compli… | ||||
| 40:40:6.0.1.1.7.2.6.8 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.107 Addresses of EPA Regional Offices. | EPA | [64 FR 48815, Sept. 11, 1998, as amended at 75 FR 69349, Nov. 12, 2010; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013; 84 FR 34068, July 17, 2019; 84 FR 44229, Aug. 23, 2019; 89 FR 86745, Oct. 31, 2024] | All requests, reports, submittals, and other communications to the Administrator pursuant to this subpart shall be submitted to the Regional Office of the EPA which serves the State or territory in which the corporate headquarters of the regulated entity resides. These areas are indicated in the following table. Table 1 to § 59.107 | |||
| 40:40:6.0.1.1.7.2.6.9 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | B | Subpart B—National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings | § 59.108 State Authority. | EPA | The provisions in this regulation shall not be construed in any manner to preclude any State or political subdivision thereof from: (a) Adopting and enforcing any emission standard or limitation applicable to a manufacturer or importer of automobile refinish coatings or components in addition to the requirements of this subpart. (b) Requiring the manufacturer or importer of automobile refinish coatings or components to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing an automobile refinish coating component. | ||||
| 40:40:6.0.1.1.7.3.6.1 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.201 Applicability and designation of regulated entity. | EPA | (a) The provisions of the subpart apply to consumer products manufactured or imported on or after December 10, 1998 for sale or distribution in the United States. (b) The regulated entity is: the manufacturer or importer of the product; and any distributor that is named on the product label. The manufacturer or importer of the product is a regulated entity for purposes of compliance with the volatile organic compounds (VOC) content or emission limits in § 49.203, regardless of whether the manufacturer or importer is named on the label or not. The distributor, if named on the label, is the regulated entity for purposes of compliance with all sections of this part except for § 59.203. Distributors whose names do not appear on the label are not regulated entities. If no distributor is named on the label, then the manufacturer or importer is responsible for compliance with all sections of this part. (c) The provisions of this subpart do not apply to consumer products that meet the criteria specified in paragraph (c)(1) through (c)(7) of this section. (1) Any consumer product manufacturer in the United States for shipment and use outside of the United States. (2) Insecticides and air fresheners containing at least 98-percent paradichlorobenzene or at least 98-percent naphthalene. (3) Adhesives sold in containers of 0.03 liter (1 ounce) or less. (4) Bait station insecticides. For the purpose of this subpart, bait station insecticides are containers enclosing an insecticidal bait that does not weigh more than 14 grams (0.5 ounce), where bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5-percent by weight active ingredients. (5) Air fresheners whose VOC constituents, as defined in §§ 59.202 and 59.203(f), consist of 100-percent fragrance. (6) Non-aerosol moth proofing products that are principally for the protection of fabric from damage by moths and other fabric pests in adult, juvenile, or larval forms. (7) Flooring seam sealers used to join or fill… | ||||
| 40:40:6.0.1.1.7.3.6.10 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.210 Addresses of EPA Regional Offices. | EPA | [63 FR 48831, Sept. 11, 1998, as amended at 75 FR 69349, Nov. 12, 2010; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013; 84 FR 34068, July 17, 2019; 84 FR 44229, Aug. 23, 2019; 89 FR 86745, Oct. 31, 2024] | All requests, reports, submittals, and other communications to the Administrator pursuant to this subpart shall be submitted to the Regional Office of the EPA which serves the State or territory in which the corporate headquarters of the regulated entity resides. These areas are indicated in the following table. Table 1 to § 59.210 | |||
| 40:40:6.0.1.1.7.3.6.11 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.211 State authority. | EPA | (a) The provisions in this regulation shall not be construed in any manner to preclude any State or political subdivision thereof from: (1) Adopting and enforcing any emission standard or limitation applicable to a regulated entity. (2) Requiring the regulated entity to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing a consumer product. (b) [Reserved] | ||||
| 40:40:6.0.1.1.7.3.6.12 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.212 Circumvention. | EPA | No regulated entity subject to these standards shall alter, destroy, or falsify any record or report to conceal what would otherwise be noncompliance with these standards. Such concealment includes, but is not limited to refusing to provide the Administrator access to all required records and date-coding information, altering the percent VOC content of a product batch, or altering the results of any required performance tests. | ||||
| 40:40:6.0.1.1.7.3.6.13 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.213 Incorporations by reference. | EPA | [63 FR 48831, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004] | (a) The materials listed in this section are incorporated by reference in the paragraphs noted in § 59.207. 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 Air and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC 20460, the EPA Library (MD-35), U.S. EPA, Research Triangle Park, NC 27711, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The materials listed below are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD Subscription Services, P.O. Box 4932; 21865 Copley Drive, Diamond Bar, CA 91765-0932; or University Microfilms International, 300 North Zeeb Road, Ann Arbor MI, 48106. (1) ASTM Method E220-86 Standard Method for Calibration of Thermocouples by Comparisons Techniques, incorporation by reference (IBR) approved for § 59,208(m)(4). (2) ASTM Method E380-82 Metric Practice, IBR approved for § 59.208(k). (3) SCAQMD Method 25.1, March 1989 Determination of Total Gaseous Non-Methane Organic Emissions as Carbon (amended February 26, 1991) IBR approved for § 59.208(g)(2). | |||
| 40:40:6.0.1.1.7.3.6.14 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.214 Availability of information and confidentiality. | EPA | (a) Availability of information. Specific reports or records required by this subpart are not available to the public. The Administrator will, upon request, provide information as to the compliance status of a product or regulated entity. (b) Confidentiality. All confidential business information entitled to protection under section 114(c) of the CAA that must be submitted or maintained by a regulated entity pursuant to this section shall be treated in accordance with 40 CFR part 2, Subpart B. | ||||
| 40:40:6.0.1.1.7.3.6.2 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.202 Definitions. | EPA | [63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998] | The terms used in this subpart are defined in the Clean Air Act (Act) or in this section as follows: Administrator means the Administrator of the United States Environmental Protection Agency (EPA) or an authorized representative. Aerosol cooking spray means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be directly applied on food for the purpose of reducing sticking on cooking and baking surfaces, or both. Aerosol product means a product characterized by a pressurized spray system that dispenses product ingredients in aerosol form by means of a propellant (i.e., a liquefied or compressed gas that is used in whole or in part, such as a co-solvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container) or mechanically induced force. “Aerosol product” does not include pump sprays. Agricultural use means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage, or processing of any animal or plant crop. “Agricultural use” does not include the sale or use of pesticides in properly labeled packages or containers that are intended for: (1) Household use; (2) Use in structural pest control; or (3) Institutional use. Air freshener means any consumer product including, but not limited to, sprays, wicks, powders, and crystals designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. This does not include products that are used on the human body, products that function primarily as cleaning products, disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution. It does include spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institut… | |||
| 40:40:6.0.1.1.7.3.6.3 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.203 Standards for consumer products. | EPA | (a) The manufacturer or importer of any consumer product subject to this subpart small ensure that the VOC content levels in table 1 of this subpart and HVOC content levels in table 2 of this subpart are not exceeded for any consumer product manufactured or imported on or after December 10, 1998, except as provided in paragraphs (b) and (c) of this section, or in §§ 59.204 or 59.206. (b) For consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted prior to use, the VOC content limits specified in paragraph (a) of this section shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this paragraph, “minimum recommended dilution” shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains. (c) For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136-136y) (FIFRA), the compliance date of the VOC standards specified in paragraph (a) of this section is December 10, 1999. (d) The provisions specified in paragraphs (d)(1) through (d)(4) of this section apply to charcoal lighter materials. (1) No person shall manufacture or import any charcoal lighter material after December 10, 1998 that emits, on average, greater than 9 grams of VOC per start, as determined by the procedures specified in § 59.208. (2) The regulated entity for a charcoal lighter material shall label the product with usage directions that specify the quantity of charcoal lighter material per pound of charcoal that was used in the testing protocol specified in § 59.208 for that product unless the provisions in either paragraph (e)(2)(i) or (e)(2)(ii) of this section apply. (i) The charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as paraffin cubes; or (ii) The charcoal lighter material is alre… | ||||
| 40:40:6.0.1.1.7.3.6.4 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.204 Innovative product provisions. | EPA | [63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998] | (a) Upon notification to the Administrator, a consumer product that is subject to this subpart may exceed the applicable limit in table 1 or 2 of this subpart if the regulated entity demonstrates that, due to some characteristic of the product formulation, design, delivery systems, or other factors, the use of the product will result in equal or less VOC emissions that specified in paragraph (a)(1) or (a)(2) of this section. (1) The VOC emissions from a representative consumer product, as described in § 59.202, that complies with the VOC standards specified in § 59.203(a); or (2) The calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC standards specified in § 59.203(a). The VOC emissions shall be calculated by using Equation 1. Where E R = The VOC emissions from the noncomplying representative product, had it been reformulated. E NC = The VOC emissions from the noncomplying representative product in its current formulation. VOC STD = The VOC standard specified in § 59.203(a). VOC NC = The VOC content of the noncomplying product in its current formulation. Where E R = The VOC emissions from the noncomplying representative product, had it been reformulated. E NC = The VOC emissions from the noncomplying representative product in its current formulation. VOC STD = The VOC standard specified in § 59.203(a). VOC NC = The VOC content of the noncomplying product in its current formulation. (b) If a regulated entity demonstrates to the satisfaction of the Administrator that the equation in paragraph (a)(2) of the this section yields inaccurate results due to some characteristic of the product formulation or other factors, an alternate method that accurately calculates emissions may be used upon approval of the Administrator. (c) A regulated entity shall notify the Administrator in writing of its intent to enter into the market an innovative product meeting the requirements of paragraph (a) of this section. The Admin… | |||
| 40:40:6.0.1.1.7.3.6.5 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.205 Labeling. | EPA | (a) The container or package of each consumer product that is subject to this subpart shall clearly display the day, month, and year on which the product was manufactured, or a code indicating such date. The requirements of this provision shall not apply to products that are offered to consumers free of charge for the purposes of sampling the product. (b) In addition, the container or package for each charcoal lighter material that is subject to this subpart shall be labeled according to the provisions of § 59.203(d)(2). | ||||
| 40:40:6.0.1.1.7.3.6.6 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.206 Variances. | EPA | (a) Any regulated entity who 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 paragraph (a)(1) through (a)(3) of this section. (1) The specific grounds up on which the variance is sought, (2) The proposed date(s) by which compliance with the provisions of this subpart will be achieved. Such date(s) shall be no later than 5 years after the issuance of a variance; and (3) A compliance plan 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 publish a notice of such application in the Federal Register and, if requested by any party, will hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements of this subpart is necessary and will be granted. If requested, a hearing will be held 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. 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. (c) The Administrator will grant a variance if the criteria specified in paragraphs (c)(1) and (c)(2) of this section are met. (1) If there are circumstances beyond the reasonable control of the applicant so that complying with the provisions of this subpart by the compliance date would not be technologically or economicall… | ||||
| 40:40:6.0.1.1.7.3.6.7 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.207 Test methods. | EPA | Each manufacturer or importer subject to the provisions of § 59.203(a) shall demonstrate compliance with the requirements of this subpart through calculation of the VOC content using records of the amounts of constituents used to manufacture the product. | ||||
| 40:40:6.0.1.1.7.3.6.8 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.208 Charcoal lighter material testing protocol. | EPA | [63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998] | (a) Each manufacturer or importer of charcoal lighter material subject to this subpart shall demonstrate compliance with the applicable requirements of § 59.203(d) using the procedures specified in this section. Any lighter material that has received certification from California South Coast Air Quality Management District (SCAQMD) under their Rule 1174, Ignition Method Compliance Certification Testing Protocol, will be considered as having demonstrated compliance with the applicable requirements of this subpart using the procedures in this section. (b) The manufacturer or importer shall obtain from the testing laboratory conducting the testing, a report of findings, including all raw data sheets/charts and laboratory analytical data. The testing must demonstrate that VOC emissions resulting from the ignition of the barbecue charcoal are, on average, less than or equal to 9 grams per start. The manufacturer or importer shall maintain the report of findings. (c) When a charcoal lighter material does not fall within the testing guidelines of this protocol, the protocol may be modified following a determination by the Administrator that the modified protocol is an acceptable alternative to the method described in this section and written approval of the Administrator. (d) Meteorological and environmental criteria. (1) Testing shall be conducted under the following conditions: (i) Inlet combustion air temperature is 16 to 27 degrees Celsius (60 to 80 degrees Fahrenheit) with a relative humidity of 20 to 80 percent; (ii) The charcoal and lighter material are stored 72 hours before testing in a location with a relative humidity between 45 and 65 percent, and a temperature between 18 and 24 degrees Celsuis (65 to 75 degrees Fahrenheit); and (iii) The outside wind speed, including gusts, may be no more than 16 kilometers per hour (10 miles per hour) if the test stack is exhausted outdoors, or, if the test stack is exhausted indoors, indoor air must be stagnant. (2) Temperature and relative humidity of the combus… | |||
| 40:40:6.0.1.1.7.3.6.9 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | C | Subpart C—National Volatile Organic Compound Emission Standards for Consumer Products | § 59.209 Recordkeeping and reporting requirements. | EPA | (a) The distributor that is named on the product label shall maintain the records specified in paragraphs (a)(1) and (a)(2) of this section, unless the manufacturer or importer has submitted to the Administrator a written certification that the manufacturer or importer will maintain the records for the distributor in accordance with paragraph (a)(3) of this section. If no distributor is named on the label, the manufacturer or importer must maintain the specified records. The records must be retained for at least 3 years and must be in a form suitable and readily available for inspection and review. (1) Records or formulations being manufactured or imported on or after December 10, 1998 for all consumer products subject to § 59.213(a), or December 10, 1999 for all consumer products subject to § 59.203(c) and (2) Accurate records for each batch of production, starting on December 10, 1998 for all consumer products subject to § 59.203(a) or December 10, 1999 for all consumer products subject to § 59.203(c), of the weight-percent and chemical composition of the individual product constituents. (3) By providing this written certification to the Administrator, the certifying manufacturer accepts responsibility for compliance with the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this section with respect to any products covered by the written certification. Failure to maintain the required records may result in enforcement action by the EPA against the certifying manufacturer in accordance with the enforcement provisions applicable to violations of these provisions by regulated entities. The certifying manufacturer may revoke the written certification by sending a written statement to the Administrator and the regulated entity giving at least 90 days notice that the certifying manufacturer is rescinding acceptance of responsibility for compliance with the recordkeeping requirements listed in this paragraph. Upon expiration of the notice period, the regulated entity must assume responsibility for main… | ||||
| 40:40:6.0.1.1.7.4.6.1 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.400 Applicability and compliance dates. | EPA | (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 September 13, 1999 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 March 13, 2000 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 September 13, 1999. (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. | ||||
| 40:40:6.0.1.1.7.4.6.10 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.409 Addresses of EPA Offices. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 65 FR 7737, Feb. 16, 2000; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013; 84 FR 34068, July 17, 2019; 84 FR 44229, Aug. 23, 2019; 89 FR 86746, Oct. 31, 2024] | (a) Except for exceedance fee payments, each manufacturer and importer of any architectural coating subject to the provisions of this subpart shall submit all requests, reports, submittals, and other communications to the Administrator pursuant to this subpart 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 table. Table 1 to Paragraph ( a ) (b) Each manufacturer and importer who uses the exceedance fee provisions of § 59.403 shall submit the exceedance fee payment required by § 59.408(d) to the following address: Environmental Protection Agency, AIM Exceedance Fees, Post Office Box 371293M, Pittsburgh, PA 15251. This address is for the fee payment only; the exceedance fee report required by § 59.408(d) is to be submitted to the appropriate EPA Regional Office listed in paragraph (a) of this section. The exceedance fee payment in the form of a check or money order must be made payable to “U.S. Environmental Protection Agency” or “US EPA.” | |||
| 40:40:6.0.1.1.7.4.6.11 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.410 State authority. | EPA | 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. | ||||
| 40:40:6.0.1.1.7.4.6.12 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.411 Circumvention. | EPA | 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. | ||||
| 40:40:6.0.1.1.7.4.6.13 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.412 Incorporations by reference. | EPA | [63 FR 48877, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004] | (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 Air and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., Washington, DC 20460; at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (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 408… | |||
| 40:40:6.0.1.1.7.4.6.14 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.413 Availability of information and confidentiality. | EPA | (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. | ||||
| 40:40:6.0.1.1.7.4.6.2 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.401 Definitions. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] | 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 bui… | |||
| 40:40:6.0.1.1.7.4.6.3 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.402 VOC content limits. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] | (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. Compliance with the VOC content limits will be determined based on the VOC content, as expressed in metric units. (b) Except as provided in paragraph (c) of this section, if anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or importer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of more than one of the coating categories listed in table 1 of this subpart, then the most restrictive VOC content limit shall apply. (c) The provision in paragraph (b) of this section does not apply to the coatings described in paragraphs (c)(1) through (c)(15) of this section. (1) High temperature coatings that also meet the definition for metallic pigmented coatings are subject only to the VOC content limit in table 1 of this subpart for high temperature coatings. (2) Lacquer coatings (including lacquer sanding sealers) that are also recommended for use in other architectural coating applications to wood, except as stains, are subject only to the VOC content limit in table 1 of this subpart for lacquers. (3) Metallic pigmented coatings that also meet the definition for roof coatings, industrial maintenance coatings, or primers are subject only to the VOC content limit in table 1 of this subpart for metallic pigmented coatings. (4) Shellacs that also meet the definition for any other architectural coating are subject only to the VOC content limit in table 1 of this subpart for shellacs. (5) Fire-retardant/resistive coatings that also meet the definition for any other architectural coating are subject only to the VOC content limit in table 1 of this subpart for fire-ret… | |||
| 40:40:6.0.1.1.7.4.6.4 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.403 Exceedance fees. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 65 FR 7737, Feb. 16, 2000] | (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 as follows: Where: Annual Exceedance Fee = The total annual exceedance fee for a manufacturer or importer, in dollars. Coating Fee c = The annual exceedance fee for each coating (c), for which a fee applies, in dollars. n = number of coatings to which a fee applies. Where: Annual Exceedance Fee = The total annual exceedance fee for a manufacturer or importer, in dollars. Coating Fee c = 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 as follows: 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, including the volume of any water and exempt compounds and excluding the volume of any colorant added to tint bases. Any volume for which a tonnage exemption is claimed under § 59.404 of this subpart is also excluded. 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 (… | |||
| 40:40:6.0.1.1.7.4.6.5 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.404 Tonnage exemption. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] | (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 September 13, 1999 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. Compliance with the tonnage exemption will be determined based on the amount of VOC, as expressed in metric units. (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) and (e) 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. The VOC amount shall be determined without colorant that is added after the tint base is manufactured or imported. Where: Total VOC = Total megagrams of VOC contained in all coatings being claimed under the exemption. VOC c = Megagrams of VOC, for each coating (c) claimed under the exemption, as computed by equation 4. n = Number of coatings for which exemption is claimed. Where: Total VOC = Total megagrams of VOC contained in all coatings being claimed under the exemption. VOC c = Megagrams of VOC, for each coating (c) claimed under the exemption, as computed by equation 4. n = Number of coatings for which exemption is claimed. Where: Volume Manufacture… | |||
| 40:40:6.0.1.1.7.4.6.6 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.405 Container labeling requirements. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] | (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 (a)(3)(i) or (a)(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 in units of pounds of VOC per gallon 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 or in units of pounds of VOC per gallon 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, wastew… | |||
| 40:40:6.0.1.1.7.4.6.7 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.406 Compliance provisions. | EPA | (a) For the purpose of determining compliance with the VOC content limits in table 1 of this subpart, each manufacturer and importer shall determine the VOC content of a coating using the procedures described in paragraph (a)(1), (a)(2), or (a)(3) of this section, as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured or imported. (1) With the exception of low solids stains and low solids wood preservatives, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Calculate the VOC content using equation 5 as follows: Where: VOC content = grams of VOC per liter of coating W s = weight of volatiles, in grams W w = weight of water, in grams W ec = weight of exempt compounds, in grams V m = volume of coating, in liters V w = volume of water, in liters V ec = volume of exempt compounds, in liters Where: VOC content = grams of VOC per liter of coating W s = weight of volatiles, in grams W w = weight of water, in grams W ec = weight of exempt compounds, in grams V m = volume of coating, in liters V w = volume of water, in liters V ec = volume of exempt compounds, in liters (2) For low solids stains and low solids wood preservatives, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Calculate the VOC content using equation 6 as follows: Where: VOC content 1s = the VOC content of a low solids coating in grams of VOC per liter of coating W s = weight of volatiles, in grams W w = weight of water, in grams W ec = weight of exempt compounds, in grams V m = volume of coating, in liters Where: VOC content 1s = the VOC content of a low solids coating in grams of VOC per liter of coating W s = weight of volatiles, in grams W w = weight… | ||||
| 40:40:6.0.1.1.7.4.6.8 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.407 Recordkeeping requirements. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] | (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, including the volume of any water and exempt compounds and excluding the volume of any colorant added to tint bases. (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 f… | |||
| 40:40:6.0.1.1.7.4.6.9 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | D | Subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings | § 59.408 Reporting requirements. | EPA | [63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999] | (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 the applicable compliance date specified in § 59.400, 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 … | |||
| 40:40:6.0.1.1.7.5.6.1 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.500 What is the purpose of this subpart? | EPA | This subpart establishes the product-weighted reactivity (PWR) limits regulated entities must meet in order to comply with the national rule for volatile organic compounds (VOC) emitted from aerosol coatings. This subpart also establishes labeling, recordkeeping, and reporting requirements for regulated entities. | ||||
| 40:40:6.0.1.1.7.5.6.10 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.509 Can I get a variance? | EPA | [73 FR 15621, Mar. 24, 2008, as amended at 90 FR 5707, Jan. 17, 2025; 90 FR 28908, July 2, 2025] | (a) Any regulated entity that cannot comply with the requirements of this subpart because of circumstances beyond its reasonable control may apply in writing to the Administrator for a temporary variance. The variance application must include the information specified in paragraphs (a)(1) through (6) of this section. (1) The specific products for which the variance is sought. (2) The specific provisions of the subpart for which the variance is sought. (3) The specific grounds upon which the variance is sought. (4) The proposed date(s) by which the regulated entity will achieve compliance with the provisions of this subpart. This date must be no later than 3 years after the issuance of a variance. (5) A compliance plan detailing the method(s) by which the regulated entity will achieve compliance with the provisions of this subpart. (6) All identification information included in § 59.511(b)(1) and (2). (b) Within 30 days of receipt of the original application and within 30 days of receipt of any supplementary information that is submitted, the Administrator will send a regulated entity written notification of whether the application contains sufficient information to make a determination. If an application is incomplete, the Administrator will specify the information needed to complete the application, and provide the opportunity for the regulated entity to submit written supplementary information or arguments to the Administrator to enable further action on the application. The regulated entity must submit this information to the Administrator within 30 days of being notified that its application is incomplete. (c) Within 60 days of receipt of sufficient information to evaluate the application, the Administrator will send a regulated entity written notification of approval or disapproval of a variance application. This 60-day period will begin after the regulated entity has been sent written notification that its application is complete. (d) The Administrator will issue a variance if the criteria specifie… | |||
| 40:40:6.0.1.1.7.5.6.11 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.510 What records am I required to maintain? | EPA | [73 FR 15621, Mar. 24, 2008, as amended at 74 FR 29603, June 23, 2009] | (a) If you are the regulated entity identified in § 59.501(a) as being responsible for recordkeeping for a product, and no other person has certified that they will fulfill your recordkeeping responsibilities as provided in § 59.511(g), you must comply with paragraphs (a)(1) through (a)(5) of this section: (1) All records must be maintained on and after the applicable compliance date listed in § 59.502. (2) You are required to maintain records of the following at the location specified in § 59.511(b)(4) for each product subject to the PWR limits in Table 1 of this subpart: The product category, all product calculations, the PWR, and the weight fraction of all ingredients including: Water, total solids, each VOC, and any other compounds assigned a RF of zero as specified in § 59.505. Solids do not have to be listed individually in these records. If an individual VOC is present in an amount less than 0.1 percent by weight, then it does not need to be reported as an ingredient. An impurity that meets the definition provided in § 59.503 does not have to be reported as an ingredient. For each batch of each product subject to the PWR limits, you must maintain records of the date the batch was manufactured, the volume of the batch, the recipe used for formulating the batch, and the number of cans manufactured in each batch and each formulation. (3) You must maintain a copy of each notification and report that you submit to comply with this subpart, the documentation supporting each notification, and a copy of the label for each product. (4) If you claim the exemption under § 59.501(e), you must maintain a copy of the initial report and each annual report that you submit to EPA, and the documentation supporting such report. (5) You must maintain all records required by this subpart for a minimum of 5 years. The records must be in a form suitable and readily available for inspection and review. (b) By providing the written certification to the Administrator in accordance with § 59.511(g), the certifying entity accep… | |||
| 40:40:6.0.1.1.7.5.6.12 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.511 What notifications and reports must I submit? | EPA | [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008; 74 FR 29604, June 23, 2009; 90 FR 5707, Jan. 17, 2025; 90 FR 28908, July 2, 2025] | (a) If you are the regulated entity identified in § 59.501(a) and (b) as being responsible for notifications and reporting for a product, and no other person has certified that they will fulfill your notification and reporting responsibilities as provided in paragraph (g) of this section, you are responsible for all notifications and reports included in this section. If no distributor is named on the label, the manufacturer or importer of the aerosol coating is responsible for all requirements of this section, even if not listed on the label. (b) You must submit an initial notification no later than July 31, 2009, or on or before the date that you first manufacture, distribute, or import aerosol coatings, whichever is later. The initial notification must include the information in paragraphs (b)(1) through (b)(11) of this section. (1) Company name; (2) Name, title, address, telephone number, e-mail address and signature of certifying company official; (3) A list of the product categories from Table 1 of this subpart that you manufacture, import, or distribute; (4) The street address of each of your facilities in the United States that is manufacturing, packaging, or importing aerosol coatings that are subject to the provisions of this subpart, and the street address where compliance records are maintained for each site, if different; (5) A description of date coding systems, clearly explaining how the date of manufacture is marked on each sales unit; (6) An explanation of the product category codes that will be used on all required labels, or a statement that the default category codes in Table 1 of this subpart will be used; (7) For each product category, an explanation of how the manufacturer, distributor, or importer will define a batch for the purpose of the recordkeeping requirements; (8) [Reserved] (9) For each product category, VOC formulation data for each formulation that you anticipate manufacturing, importing, or distributing for calendar year 2009 or for the first year that includes your com… | |||
| 40:40:6.0.1.1.7.5.6.13 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.512 Addresses of EPA regional offices. | EPA | [90 FR 5709, Jan. 17, 2025, as amended at 90 FR 28908, July 2, 2025] | (a) All requests (including variance requests), reports, submittals, and other communications to the Administrator pursuant to this regulation shall be submitted to the Regional Office of the EPA through CEDRI which serves the State or territory for the address that is listed on the aerosol coating product in question. These areas are indicated in the following list of EPA Regional Offices: (1) EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont) Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk. (2) EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, Division of Enforcement and Compliance Assistance, 290 Broadway, New York, NY 10007-1866. (3) EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia), Chief, Air Section, Enforcement & Compliance Assurance Division, Air, RCRA and Toxics Branch, U.S. EPA Region 3, 1650 Arch Street—3ED21, Philadelphia, PA 19103. (4) EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Director, Air and Radiation Division, 61 Forsyth Street SW, Atlanta, GA 30303-3104. (5) EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507. (6) EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), Chief, Air Enforcement Branch, Enforcement and Compliance Assurance Division, Mail Code ECDA, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102. (7) EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219. (8) EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming), Chief, Air and Toxics Enforcement Branch, 1595 Wynkoop Street, Denver, CO 80202-1129. (9) EPA Region IX (American Samoa, Arizona, California, Guam, … | |||
| 40:40:6.0.1.1.7.5.6.14 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.513 State authority. | EPA | The provisions in this regulation will not be construed in any manner to preclude any State or political subdivision thereof from: (a) Adopting and enforcing any emission standard or limitation applicable to a manufacturer, distributor or importer of aerosol coatings or components in addition to the requirements of this subpart. (b) Requiring the manufacturer, distributor or importer of aerosol coatings or components to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing an aerosol coating or component. | ||||
| 40:40:6.0.1.1.7.5.6.15 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.514 Circumvention. | EPA | Each manufacturer, distributor, and importer of an aerosol coating or component 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, misstating the PWR content of a coating or component batch, or altering the results of any required tests to determine the PWR. | ||||
| 40:40:6.0.1.1.7.5.6.16 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.515 Incorporations by reference. | EPA | [90 FR 5709, Jan. 17, 2025] | Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the U.S. Environmental Protection Agency (EPA) and at the National Archives and Records Administration (NARA). Contact the EPA at: EPA Docket Center, Public Reading Room, EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC; phone: (202) 566-1744. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the following sources: (a) ASTM, International (ASTM), 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-2959; phone: (800) 262-1373; website: www.astm.org. (1) ASTM Method D523-08, Standard Test Method for Specular Gloss (June 1, 2008), IBR approved for § 59.508(c). (2) ASTM Method D523-89 (Reapproved 1999), Standard Test Method for Specular Gloss (May 10, 1999), IBR approved for table 3 of appendix A to subpart E of part 59. (b) California Air Resources Board (CARB), 1001 I Street, P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900, www.arb.ca.gov. (1) California Air Resources Board Method 310—Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (May 25, 2018) (CARB Method 310 (2018)), IBR approved for §§ 59.505(c) and 59.508(a). (2) California Air Resources Board Method 310—Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (May 5, 2005) (CARB Method 310 (2005)), IBR approved for table 3 of appendix A to subpart E of part 59. (c) South Coast Air Quality Management District (SCAQMD), 21865 Copley Dr, Diamond Bar, CA 91765, Telephone (909-396-2000), www.aqmd.gov. (1) South Coast Air Quality Management District Test Me… | |||
| 40:40:6.0.1.1.7.5.6.17 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.516 Availability of information and confidentiality. | EPA | (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 Clean Air Act (CAA) that must be submitted or maintained by each regulated entity pursuant to this subpart shall be treated in accordance with 40 CFR part 2, subpart B. (c) Reports and Applications. The content of all reports and applications required to be submitted to the Agency under § 59.511, § 59.509, or § 59.502 are not entitled to protection under Section 114(c) of the CAA. | ||||
| 40:40:6.0.1.1.7.5.6.2 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.501 Am I subject to this subpart? | EPA | [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 15425, Mar. 24, 2008; 73 FR 78996, Dec. 24, 2008; 74 FR 29603, June 23, 2009] | (a) The regulated entities for an aerosol coating product are the manufacturer or importer of an aerosol coating product and a distributor of an aerosol coating product if it is named on the label or if it specifies the formulation of the product. Distributors include retailers who fall within the definition of “distributor” in § 59.503. (b) Except as provided in paragraph (e) of this section, the responsibilities of each regulated entity are detailed in paragraphs (b)(1) through (b)(4) of this section. (1) If you are a manufacturer or importer, you are a regulated entity responsible for ensuring that all aerosol coatings manufactured or imported by you meet the PWR limits presented in § 59.504, even if your name is not on the label. (2) If you are a distributor named on the label, you are a regulated entity responsible for compliance with all sections of this subpart except for the limits presented in § 59.504. If you are a distributor that has specified formulations to be used by a manufacturer, then you are a regulated entity responsible for compliance with all sections of this subpart. (3) If there is no distributor named on the label, then the manufacturer or importer is a regulated entity responsible for compliance with all sections of this subpart. (4) If you are a manufacturer, importer, or distributor, you can choose to certify that you will provide any or all of the recordkeeping and reporting requirements of §§ 59.510 and 59.511 by following the procedures of § 59.511(g) and (h). (c) Except as provided in paragraph (e) of this section, the provisions of this subpart apply to aerosol coatings manufactured on or after July 1, 2009, for sale or distribution in the United States. Aerosol coatings that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136-136y) (FIFRA). For FIFRA registered aerosol coatings, the provisions of this subpart apply to aerosol coatings manufactured on or after January 1, 2010, for sale or distribution in the United States. (d) You are n… | |||
| 40:40:6.0.1.1.7.5.6.3 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.502 When do I have to comply with this subpart? | EPA | [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008; 90 FR 5704, Jan. 17, 2025; 90 FR 28908, July 2, 2025] | (a) Except as provided in § 59.509 and paragraphs (b) and (c) of this section, you must be in compliance with all provisions of this subpart by January 17, 2027. (b) The Administrator will consider issuance of a special compliance extension that extends the date of compliance until January 1, 2011, to regulated entities that have never manufactured, imported, or distributed aerosol coatings for sale or distribution in California that are in compliance with California's Regulation for Reducing Ozone Formed From Aerosol Coating Product Emissions, Title 17, California Code of Regulations, sections 94520-94528. In order to be considered for an extension of the compliance date, you must submit a special compliance extension application to the EPA Administrator no later than 90 days before the compliance date or within 90 days before the date that you first manufacture aerosol coatings, whichever is later. This application must contain the information in paragraphs (b)(1) through (b)(5) of this section. If a regulated entity remains unable to comply with the limits of this rule by January 1, 2011, the regulated entity may seek a variance in accordance with § 59.509. (1) Company name; (2) A signed certification by a responsible company official that the regulated entity has not at any time manufactured, imported, or distributed for sale or distribution in California any product in any category listed in Table 1 of this subpart that complies with California's Regulation for Reducing Ozone Formed From Aerosol Coating Product Emissions, Title 17, California Code of Regulations, sections 94520-94528; (3) A statement that the regulated entity will, to the extent possible within its reasonable control, take appropriate action to achieve compliance with this subpart by January 1, 2011; (4) A list of the product categories in Table 1 of this subpart that the regulated entity manufactures, imports, or distributes; and, (5) Name, title, address, telephone, e-mail address, and signature of the certifying company official. (… | |||
| 40:40:6.0.1.1.7.5.6.4 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.503 What definitions apply to this subpart? | EPA | [90 FR 5704, Jan. 17, 2025] | The following terms are defined for the purposes of this subpart only. Administrator means the Administrator of the United States Environmental Protection Agency (EPA) or an authorized representative. Aerosol coating product means a pressurized coating product containing pigments or resins that is dispensed by means of a propellant and is packaged in a disposable container for hand-held application, or for use in specialized equipment for ground traffic/marking applications. For this regulation, applicable aerosol coatings categories are listed in table 1 of this subpart. Art fixative or sealant means a clear coating, including art varnish, workable art fixative and ceramic coating, which is designed and labeled exclusively for application to paintings, pencil, chalk, or pastel drawings, ceramic art pieces or other closely related art uses, in order to provide a final protective coating or to fix preliminary stages of artwork while providing a workable surface for subsequent revisions. ASTM means ASTM International. Autobody primer means an automotive primer or primer surfacer coating designed and labeled exclusively to be applied to a vehicle body substrate for the purposes of corrosion resistance, increased intercoat adhesion, or building a repair area to a condition in which, after drying, it can be sanded to a smooth surface. Automotive bumper and trim product means a product, including adhesion promoters and chip sealants, designed, and labeled exclusively to repair and refinish automotive bumpers and plastic trim parts. Aviation or marine primer means a coating designed and labeled exclusively to meet federal specification TT-P-1757. Aviation propeller coating means a coating designed and labeled exclusively to provide abrasion resistance and corrosion protection for aircraft propellers. Clear coating means a coating which is colorless or transparent, containing resins but no pigments except flatting agents, and is designed and labeled to form a transparent or translucent solid film. Coat… | |||
| 40:40:6.0.1.1.7.5.6.5 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.504 What limits must I meet? | EPA | (a) Except as provided in § 59.509, each aerosol coating product you manufacture, distribute or import for sale or use in the United States must meet the PWR limits presented in Table 1 of this subpart. These limits apply to the final aerosol coating, including the propellant. The PWR limits specified in Table 1 of this subpart are also applicable to any aerosol coating product that is assembled by adding bulk coating to aerosol containers of propellant. (b) If a product can be included in both a general coating category and a specialty coating category and the product meets all of the criteria of the specialty coating category, then the specialty coating limit will apply instead of the general coating limit, unless the product is a high temperature coating. High-temperature coatings that contain at least 0.5 percent by weight of an elemental metallic pigment in the formulation, including propellant, are subject to the limit specified for metallic coatings. (c) Except as provided in paragraph (b) of this section, if anywhere on the container of any aerosol coating product subject to the limits in Table 1 of this subpart, or on any sticker or label affixed to such product, or in any sales or advertising literature, the manufacturer, importer or distributor of the product makes any representation that the product may be used as, or is suitable for use as a product for which a lower limit is specified, then the lowest applicable limit will apply. | ||||
| 40:40:6.0.1.1.7.5.6.6 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.505 How do I demonstrate compliance with the reactivity limits? | EPA | [73 FR 15621, Mar. 24, 2008, as amended at 90 FR 5707, Jan. 17, 2025; 90 FR 28908, July 2, 2025] | (a) To demonstrate compliance with the PWR limits presented in Table 1 of this subpart, you must calculate the PWR for each coating as described in paragraphs (a)(1) through (2) of this section: (1) Calculate the weighted reactivity factor (WRF) for each propellant and coating component using Equation 1: Where: WRF i = weighted reactivity factor of component i, g O 3 /g component i. RF i = reactivity factor of component i, g O 3 /g component i, from Table 2A, 2B, or 2C. WF i = weight fraction of component i in the product, Where: WRF i = weighted reactivity factor of component i, g O 3 /g component i. RF i = reactivity factor of component i, g O 3 /g component i, from Table 2A, 2B, or 2C. WF i = weight fraction of component i in the product, (2) Calculate the PWR of each product using Equation 2: Where: PWR p = PWR for product P, g O 3 /g product. WRF 1 = weighted reactivity factor for component 1, g O 3 /g component. WRF 2 = weighted reactivity factor for component 2, g O 3 /g component. WRF n = weighted reactivity factor for component n, g O 3 /g component. Where: PWR p = PWR for product P, g O 3 /g product. WRF 1 = weighted reactivity factor for component 1, g O 3 /g component. WRF 2 = weighted reactivity factor for component 2, g O 3 /g component. WRF n = weighted reactivity factor for component n, g O 3 /g component. (b) In calculating the PWR, you must follow the guidelines in paragraphs (b)(1) through (b)(4) of this section. (1) Any ingredient which does not contain carbon is assigned a RF value of 0. (2) Any aerosol coating solid, including but not limited to resins, pigments, fillers, plasticizers, and extenders is assigned a RF of 0. These items do not have to be identified individually in the calculation. (3) All individual compounds present in the coating in an amount equal to or exceeding 0.1 percent will be considered ingredients regardless of whether or not the ingredient is reported to the manufacturer. (4) All individual compounds present in th… | |||
| 40:40:6.0.1.1.7.5.6.7 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.506 How do I demonstrate compliance if I manufacture multi-component kits? | EPA | (a) If you manufacture multi-component kits as defined in § 59.503, then the Kit PWR must not exceed the Total Reactivity Limit. (b) You must calculate the Kit PWR and the Total Reactivity Limit as follows: (1) KIT PWR = (PWR (1) × W 1 ) + (PWR (2) × W 2 ) + . ... + (PWR (n) × W n ) (2) Total Reactivity Limit = (RL 1 × W 1 ) + (RL 2 × W 2 ) + ... + (RL n × W n ). (3) Kit PWR ≤Total Reactivity Limit. Where: W = the weight of the product contents (excluding container). RL = the PWR Limit specified in Table 1 of this subpart. Subscript 1 denotes the first component product in the kit. Subscript 2 denotes the second component product in the kit. Subscript n denotes any additional component product. Where: W = the weight of the product contents (excluding container). RL = the PWR Limit specified in Table 1 of this subpart. Subscript 1 denotes the first component product in the kit. Subscript 2 denotes the second component product in the kit. Subscript n denotes any additional component product. | ||||
| 40:40:6.0.1.1.7.5.6.8 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.507 What are the labeling requirements for aerosol coatings? | EPA | (a) The labels of all aerosol products manufactured on and after the applicable compliance date listed in § 59.502 must contain the information listed in paragraphs (a)(1) through (4) of this section. (1) The aerosol coating category code for the coating, based on the category definitions in § 59.503. This code can be the default category code shown in Table 1 of this subpart or a company-specific code, if that code is explained as required by § 59.511(a); (2) The applicable PWR limit for the product specified in Table 1 of this subpart; (3) The day, month, and year on which the product was manufactured, or a code indicating such date; (4) The name and a contact address for the manufacturer, distributor, or importer that is the regulated entity under this subpart. (b) The label on the product must be displayed in such a manner that it is readily observable without removing or disassembling any portion of the product container or packaging. The information may be displayed on the bottom of the container as long as it is clearly legible without removing any product packaging. | ||||
| 40:40:6.0.1.1.7.5.6.9 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | E | Subpart E—National Volatile Organic Compound Emission Standards for Aerosol Coatings | § 59.508 What test methods must I use? | EPA | [90 FR 5707, Jan. 17, 2025] | (a) Except as provided in § 59.505(c), you must use the procedures in CARB Method 310 (2018) (incorporated by reference, see § 59.515) or EPA's Method 311 (40 CFR part 63, appendix A) to determine the speciated ingredients and weight percentage of each ingredient of each aerosol coating product. EPA Method 311 (40 CFR part 63, appendix A) must be used in conjunction with ASTM Method D3063-94 or D3074-94 for analysis of the propellant portion of the coating. Those choosing to use CARB Method 310 (2018) must follow the procedures specified in section 5.0 of that method with the exception of section 5.3.1, which requires the analysis of the VOC content of the coating. For the purposes of this subpart, you are not required to determine the VOC content of the aerosol coating. For both CARB Method 310 (2018) and EPA Method 311 (40 CFR part 63, appendix A), you must have a listing of the VOC ingredients in the coating before conducting the analysis. (b) To determine the metal content of metallic aerosol coating products, you must use SCAQMD Method 318-95 (incorporated by reference, see § 59.515). (c) To determine the specular gloss of flat and non-flat coatings, you must use ASTM Method D523-08 (incorporated by reference, see § 59.515). | |||
| 40:40:6.0.1.1.7.6.10.28 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.680 What definitions apply to this subpart? | EPA | [72 FR 8533, Feb. 26, 2007, as amended at 86 FR 34357, June 29, 2021] | The following definitions apply to this subpart. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow: Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q. Adjustable parameter means any device, system, or element of design that someone can adjust and that, if adjusted, may affect emissions. You may ask us to exclude a parameter if you show us that it will not be adjusted in use in a way that affects emissions. Certification means relating to the process of obtaining a certificate of conformity for an emission family that complies with the emission standards and requirements in this subpart. Configuration means a unique combination of hardware (material, geometry, and size) and calibration within an emission family. Units within a single configuration differ only with respect to normal production variability. Container means portable fuel container. Designated Compliance Officer means the Manager, Engine Programs Group (6403-J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Designated Enforcement Officer means the Director, Air Enforcement Division (2242A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460. Emission-control system means any device, system, or element of design that controls or reduces the regulated evaporative emissions from. Emission-data unit means a portable fuel container that is tested for certification. This includes components tested by EPA. Emission-related maintenance means maintenance that substantially affects emissions or is likely to substantially affect emission deterioration. Emission family has the meaning given in § 59.625. Evaporative means relating to fuel emissions that result from permeation of fuel through the portable fuel container materials and from ventilation of the container. Good engineering judgment means judgments made consistent with generally accepted scient… | |||
| 40:40:6.0.1.1.7.6.10.29 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.685 What symbols, acronyms, and abbreviations does this subpart use? | EPA | The following symbols, acronyms, and abbreviations apply to this subpart: CFR Code of Federal Regulations EPA Environmental Protection Agency HC hydrocarbon NIST National Institute of Standards and Technology THC total hydrocarbon U.S.C. United States Code | ||||
| 40:40:6.0.1.1.7.6.10.30 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.695 What provisions apply to confidential information? | EPA | [88 FR 4471, Jan. 24, 2023] | The provisions of 40 CFR 1068.10 and 1068.11 apply for information you submit under this part. | |||
| 40:40:6.0.1.1.7.6.10.31 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.697 State actions. | EPA | The provisions in this subpart do not preclude any State or any political subdivision of a State from: (a) Adopting and enforcing any emission standard or limitation applicable to anyone subject to the provisions of this part; or (b) Requiring the regulated entity to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing a consumer product. | ||||
| 40:40:6.0.1.1.7.6.10.32 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.698 May EPA enter my facilities for inspections? | EPA | (a) We may inspect your portable fuel containers, testing, manufacturing processes, storage facilities (including port facilities for imported containers or other relevant facilities), or records, as authorized by the Act, to enforce the provisions of this subpart. Inspectors will have authorizing credentials and will limit inspections to reasonable times—usually, normal operating hours. (b) If we come to inspect, we may or may not have a warrant or court order. (1) If we do not have a warrant or court order, you may deny us entry. (2) If we have a warrant or court order, you must allow us to enter the facility and carry out the activities it describes. (c) We may seek a warrant or court order authorizing an inspection described in this section, whether or not we first tried to get your permission to inspect. (d) We may select any facility to do any of the following: (1) Inspect and monitor any aspect of portable fuel container manufacturing, assembly, storage, or other procedures, and any facilities where you do them. (2) Inspect and monitor any aspect of test procedures or test-related activities, including test container selection, preparation, durability cycles, and maintenance and verification of your test equipment's calibration. (3) Inspect and copy records or documents related to assembling, storing, selecting, and testing a container. (4) Inspect and photograph any part or aspect of containers or components use for assembly. (e) You must give us reasonable help without charge during an inspection authorized by the Act. For example, you may need to help us arrange an inspection with the facility's managers, including clerical support, copying, and translation. You may also need to show us how the facility operates and answer other questions. If we ask in writing to see a particular employee at the inspection, you must ensure that he or she is present (legal counsel may accompany the employee). (f) If you have facilities in other countries, we expect you to locate them in places where local law … | ||||
| 40:40:6.0.1.1.7.6.10.33 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.699 How do I request a hearing? | EPA | (a) You may request a hearing under certain circumstances, as described elsewhere in this subpart. To do this, you must file a written request with the Designated Compliance Officer, including a description of your objection and any supporting data, within 30 days after we make a decision. (b) For a hearing you request under the provisions of this subpart, we will approve your request if we find that your request raises a substantial factual issue. (c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G. | ||||
| 40:40:6.0.1.1.7.6.6.1 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.600 Does this subpart apply for my products? | EPA | (a) Except as provided in § 59.605 and paragraph (b) of this section, the regulations in this subpart F apply for all portable fuel containers (defined in § 59.680) that are manufactured on or after January 1, 2009. (b) See § 59.602 (a) and (b) to determine how to apply the provisions of this subpart for containers that were manufactured before January 1, 2009. | ||||
| 40:40:6.0.1.1.7.6.6.2 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.601 Do the requirements of this subpart apply to me? | EPA | (a) Unless specified otherwise in this subpart, the requirements and prohibitions of this subpart apply to all manufacturers and importers of portable fuel containers. Certain prohibitions in § 59.602 apply to all other persons. (b) New portable fuel containers that are subject to the emissions standards of this part must be covered by a certificate of conformity that is issued to the manufacturer of the container. If more than one person meets the definition of manufacturer for a portable fuel container, see § 59.621 to determine if you are the manufacturer who may apply for and receive a certificate of conformity. (c) Unless specifically noted otherwise, the term “you” means manufacturers, as defined in § 59.680. | ||||
| 40:40:6.0.1.1.7.6.6.3 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.602 What are the general prohibitions and requirements of this subpart? | EPA | (a) General prohibition for manufacturers and importers. No manufacturer or importer may sell, offer for sale, introduce or deliver for introduction into commerce in the United States, or import any new portable fuel container that is subject to the emissions standards of this subpart and is manufactured after December 31, 2008 unless it is covered by a valid certificate of conformity, it is labeled as required, and it complies with all of the applicable requirements of this subpart, including compliance with the emissions standards for its useful life. After June 30, 2009, no manufacturer or importer may sell, offer for sale, introduce or deliver into commerce in the United States, or import any new portable fuel container that was manufactured prior to January 1, 2009 unless it meets the requirements of this subpart. (b) General prohibition for wholesale distributors. No wholesale distributor may sell, offer for sale, or distribute any portable fuel container in the United States that is subject to the emissions standards of this subpart and is manufactured after December 31, 2008 unless it is covered by a valid certificate of conformity and is labeled as required. After December 31, 2009, no wholesale distributor may sell, offer for sale, or distribute in the United States any portable fuel container that was manufactured prior to January 1, 2009 unless it meets the requirements of this subpart. After December 31, 2009, all new portable fuel containers shall be deemed to be manufactured after December 31, 2008 unless they are in retail inventory. (c) Reporting and recordkeeping. (1) You must keep the records and submit the reports specified in § 59.628. Records must be retained for at least 5 years from the date of manufacture or importation and must be supplied to EPA upon request. (2) No person may alter, destroy, or falsify any record or report required by this subpart. (d) Testing and access to facilities. You may not keep us from entering your facility to observe tests or inspect facilities if… | ||||
| 40:40:6.0.1.1.7.6.6.4 | 40 | Protection of Environment | I | C | 59 | PART 59—NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND COMMERCIAL PRODUCTS | F | Subpart F—Control of Evaporative Emissions From New and In-Use Portable Fuel Containers | § 59.603 How must manufacturers apply good engineering judgment? | EPA | (a) In addition to other requirements and prohibitions set forth in this subpart, you must use good engineering judgment for decisions related to any requirements under this subpart. This includes your applications for certification, any testing you do to show that your portable fuel containers comply with requirements that apply to them, and how you select, categorize, determine, and apply these requirements. (b) Upon request, you must provide EPA a written description of the engineering judgment in question. Such information must be provided within 15 working days unless EPA specifies a different period of time to respond. (c) We may reject your decision if it is not based on good engineering judgment or is otherwise inconsistent with the requirements that apply, and we may— (1) Suspend, revoke, or void a certificate of conformity if we determine you used incorrect or incomplete information or failed to consider relevant information, or that your decision was not based on good engineering judgment; or (2) Notify you that we believe any aspect of your application or other information submission may be incorrect or invalid due to lack of good engineering judgment or other cause. Unless a different period is specified, you will have 30 days to respond to our notice and specifically address our concerns. After considering your information, we will notify you regarding our finding, which may include the actions provided in paragraph (c)(1) of this section. (d) If you disagree with our conclusions under paragraph (c) of this section, you may file a request for a hearing with the Designated Compliance Officer as described in § 59.699. In your request, you must specifically state your objections, and include relevant data or supporting analysis. The request must be signed by your authorized representative. If we agree that your request raises a substantial factual issue, we will hold the hearing according to § 59.699. |
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