PART A OF THE SUPPORTING STATEMENT

1. Identification of the Information Collection

(a) Title and Number of Information Collection.

"National Volatile Organic Compound Emission Standards for Architectural Coatings." 

The Environmental Protection Agency (EPA) tracking number for this information collection 

request (ICR) is 1750.06. This is a renewal of a continuing ICR, OMB No. 2060-0393, which is 

due to expire December 31, 2011.

(b) Short Characterization.

(i) Type of collection.

Compliance with the architectural coatings rule was required by September 1999. The 

regulation requires that manufacturers and importers of architectural coatings adhere to volatile 

organic compound (VOC) content limits in the regulation. Information collection requirements 

for manufacturers and importers complying with the VOC content limits consist of product 

labeling; an initial notification report, which includes an explanation of any date code used; and 

subsequent explanations of any date codes revised after submittal of the initial report. The 

regulation does not contain any additional reporting or recordkeeping requirements unless a 

manufacturer or importer chooses to comply through one of the optional provisions in lieu of 

meeting the VOC content limits (i.e., the tonnage exemption, exceedance fee, or recycled coating 

credit provisions).

 

The rule contains an optional tonnage exemption that allows each manufacturer and 

importer to exempt a specified total mass of VOC in architectural coatings. The tonnage 

exemption would be used for products that do not comply with the VOC content limits and for 

which no exceedance fee is paid. Additional information collection requirements for the tonnage 

exemption include records of VOC calculations and volumes of coating manufactured or 

imported and an annual report.

The rule includes an exceedance fee alternative compliance option to provide additional 

compliance flexibility. This is an economic incentive approach whereby manufacturers and 

importers may choose to comply with the VOC requirements in the rule by paying a fee in lieu of 

meeting the VOC content limits. The per product exceedance fee is calculated based on both the 

volume of product manufactured or imported and the amount of VOC above the VOC content 

limit for that product. Additional information collection requirements for the exceedance fee 

option include records of fee calculations and inputs and an annual report.

Manufacturers and importers of recycled coatings have the option to take credit for the 

post-consumer coating content when determining the VOC content of the coating, which results 
in a less stringent control requirement. Additional information collection requirements for the 

recycled coating option include records of VOC calculations, additional labeling, and an annual 

report. 

All records required under the rule must be retained for 3 years.

The rule requires that the labels or lids of all subject architectural coatings display the 

date of manufacture, the manufacturer's recommended thinning, and the VOC content of the 

coating. Many manufacturers already include this information on their coating labels as a part of 

normal and usual practice. For additional flexibility, the date of manufacture can be expressed as 

a code and can be located either on the label, lid, or bottom of the container. The rule also 

requires that the labels or lids of all subject industrial maintenance coatings display a statement 

indicating that industrial maintenance coatings are primarily intended for industrial and 

professional use. In addition, each manufacturer and importer using the adjusted VOC content 

for a recycled coating is required to include a statement indicating the post-consumer coating 

content on the coating container label or lid.

(c) Terms of OMB Clearance. 

The Office of Management and Budget (OMB) approved the previous ICR 1750.05 on 

December 2, 2008, with the following terms of clearance: “This Collection of Information is 

approved. Before resubmission of this request, the Agency should update its estimates of the 

number of businesses subject to the requirements of the Architectural Coatings Rule. In addition, 

the agency should update its estimates of the burden for each business subject to these 

information collection requirements.”

2. Need for and Use of the Collection

(a) Need/Authority for the Collection. 

Section 183(e) of the Clean Air Act (CAA) requires EPA to regulate categories of 

consumer and commercial products that account for at least 80 percent of the VOC emissions, on 

a reactivity-adjusted basis, in areas that violate the National Ambient Air Quality Standards for 

ozone. The EPA determined that the architectural coating category is one of the largest VOC 

emission sources among the consumer and commercial products categories, in many States 

represents a significant source of unregulated VOC emissions, and that VOC emissions from the 

use of architectural coatings contribute to ground-level ozone formation in ozone nonattainment 

areas. Therefore, EPA published standards regulating VOC emissions from architectural 

coatings under section 183(e) of the CAA on September 11, 1998 (40 CFR part 59, subpart D).

The reporting, labeling, and recordkeeping activities required under the architectural 

coatings rule enable EPA to determine whether or not coatings manufactured or imported for sale 

or distribution in the United States are in compliance with the requirements in the rule. Reports 

and records are used to determine whether exceedance fees (if applicable) are paid for coatings 
for which the manufacturer or importer has chosen the exceedance fee option. For the tonnage 

exemption, the reports and records are used to ensure that the allowed exemption levels are not 

exceeded. Reports, records, and product labels associated with the recycled coatings provision 

are used to ensure that the adjusted VOC content is calculated properly.

(b) Practical Utility/Users of the Data

The data collected under this ICR are essential to ensure compliance with the rule and to 

evaluate its effectiveness. Specifically, Agency enforcement personnel use the information 

collected to: (1) identify manufacturers and importers subject to the rule; (2) ensure that 

architectural coatings comply with VOC content standards, including accounting for recycled 

coating content; (3) verify that exceedance fees are calculated properly and paid in the correct 

amounts; (4) determine the volume of coating manufactured or imported for which fees are paid; 

(5) determine the total revenues paid in exceedance fees; and (6) verify that the VOC content of 

the coatings is calculated properly for the tonnage exemption and that the exemption levels are 

not exceeded. The reported information assists EPA in deciding which architectural coating 

manufacturers or importers should be inspected. The requirement for date of manufacture (or 

date code) to be placed on coating containers is useful to EPA for comparison to manufacturers’ 

records and reports to determine compliance with VOC content limits, and with the exceedance 

fee and tonnage exemption requirements.

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication.

The information collected pursuant to the regulation consists primarily of the VOC

content information for architectural coating products, the calculation of exceedance fees due, 

the calculation of total VOC emissions from particular products claimed under the tonnage 

exemption, and the calculation of the post-consumer coating content of recycled coatings. This 

information is not collected by any other Federal agency. 

(b) Public Notice Required Prior to ICR Submission to OMB

On June 27, 2011 EPA published a notice in the Federal Register (76 FR 37347) entitled,

Agency Information Collection Activities: Proposed Collection; Comment Request; National 

Volatile Organic Compound Emission Standards for Architectural Coatings. The purpose of the 

notice was to announce that EPA was planning to submit this continuing ICR to OMB for review 

and approval, and to solicit comments on the proposed continued collection. EPA received no 

comments during the comment period.

(c) Consultations

Significant input and information was received from the affected industry, State and local 

governments, and environmental groups during development of the rule. In addition, in 
preparing to submit this ICR to OMB for renewal, EPA contacted parties within the affected 

industry to obtain information on the universe of affected sources and feedback on accuracy of 

the burden estimates.

TABLE 1

CONSULTATIONS

David Darling National Paint and Coatings Association

Madelyn Harding Sherwin Williams 

David Mazzocco PPG

(d) Effects of Less Frequent Collection.

This ICR includes a one-time initial notification report for all manufacturers and 

importers. For those reporting VOC content adjusted for post-consumer coating content, an 

annual report is required. For those using the tonnage exemption option, an annual report is 

required. For those using the exceedance fee option, an annual report is required. Less frequent 

reporting would not allow for effective or timely compliance determination. The EPA believes 

annual reporting is frequent enough to provide the information needed for compliance tracking 

without being too burdensome on the industry or the Agency.

(e) General Guidelines.

This ICR adheres to the guidelines for Federal data requesters, as provided at 5 CFR 

1320.6. The regulation requires that records be maintained for 3 years. This period of record 

retention is consistent with other ongoing similar programs and allows enough record history for 

inspectors to adequately monitor compliance. 

(f) Confidentiality.

(i) Confidentiality. 

All information submitted to the Agency for which a claim of confidentiality is made will 

be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart 

B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36092, September 1, 1976; 

amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, 

March 23, 1979).

(ii) Sensitive Questions. 

This section is not applicable because this ICR does not involve matters of a sensitive 

nature.
4. The Respondents and the Information Requested

(a) Respondents/SIC and NAICS Codes. 

Respondents to this information collection are manufacturers and importers of 

architectural coatings. Manufacturers of architectural coatings fall within North American 

Industry Classification System (NAICS) 325510, "Paint and Coating Manufacturers," and 

Standard Industrial Classification (SIC) 2851, "Paints, Varnishes, Lacquers, Enamels, and Allied 

Products." Importers of architectural coatings fall within NAICS 424950 "Paint, Varnish and 

Supplies Merchant Wholesalers," and SIC 5198, "Wholesale Trade: Paints, Varnishes, and 

Supplies."

(b) Information Requested.

(i) Data items, including recordkeeping requirements. 

Attachment 1, Source Data and Information Requirements, summarizes the labeling, 

recordkeeping, and reporting requirements. All records required under the rule must be retained 

for 3 years.

(ii) Respondent activities. 

Table 2 presents the labeling, recordkeeping and reporting activities, and burdens for the 

rule. The respondent activities required by the standards are listed in the first column of Table 2.

Several States regulate architectural coatings and require certain labeling, recordkeeping, 

and reporting activities. The regulation includes similar requirements to the extent practical in 

order to minimize the cumulative burden to the industry.
TABLE 2. AVERAGE ANNUAL INDUSTRY BURDEN AND COST OF REPORTING AND RECORDKEEPING

OVER THE 3-YEAR PERIOD BEGINNING JANUARY 1, 2012, FOR MANUFACTURERS COMPLYING

WITH THE STANDARDS FOR ARCHITECTURAL COATINGS

Burden Item

(A)

Person Hours Per 

Occurrence 

(hrs/manufacturer)

(B) 

Number of 

Occurrences Per 

Respondent Per 

Year

(C)

Person Hours 

Per 

Respondent 

Per Year (a) 

(C=AxB)

Dollars Per 

Houra

(D)

Respondents per 

Year

(E)

Total Hours Per Year 

(E=CxD)

(F)

Total Cost Per Yearb

1. Applications Not applicable

2. Surveys and Studies Not applicable

3. Reporting Requirements

A. Read Instructions 2 1 2 $86 5

c 10 $860

B. Gathering Existing 

Information Included in 3.C

C. Write Report

Initial Report 2 1 2 $86 5

c 10 $860

Date Code Explanation 1 1 1 $86 5

c 5 $430

Update Date Codes 2 1 2 $86 50d 100 $8,600

Recycled Coatings 

Report - Mass Balance 6 1 6 $86 12.5e 75 $6,450

Recycled Coatings 

Report - Formulation 4 1 4 $86 12.5e 50 $4,300

Exceedance Fee Annual 

Report 8 1 8 $86 45f 360 $30,960

Tonnage Exemption 

Annual Report 8 1 8 $86 75g 600 $51,600

4. Recordkeeping Requirements

A. Read Instructions Included in 3.A

B. Plan Activities 8 1 8 $103a 5

c 40 $4,120
Burden Item

(A)

Person Hours Per 

Occurrence 

(hrs/manufacturer)

(B) 

Number of 

Occurrences Per 

Respondent Per 

Year

(C)

Person Hours 

Per 

Respondent 

Per Year (a) 

(C=AxB)

Dollars Per 

Houra

(D)

Respondents per 

Year

(E)

Total Hours Per Year 

(E=CxD)

(F)

Total Cost Per Yearb

C. Implement Activities

Calculate VOC content 

for Each Product 42h 1 42 $86 5

c 210 $18,060

Calculate Adjusted 

VOC for Recycled 

Coatings 20 1 20 $86 25i 500 $43,000

Exceedance Fee -

Calculations 64 1 64 $86 45f 2,880 $247,680

Tonnage Exemption 

Calculations 16 1 16 $86 75g

1,200 $103,200

D. Record Data

Recycling Volumes 8 12 96 $86 25i 2,400 $206,400

Exceedance Fee 8 1 8 $86 45f 360 $30,960

Tonnage Exemption 4 1 4 $86 75g 300 $25,800

E. Time to Train Personnel Not applicable

5. Labeling 67j 1 67 $86 83k 5,561 $478,246

Total 14,661 $1,261,526
Key for Table 2

a All tasks are assumed to be performed by a technical person ($86/hr) unless otherwise noted. 

Activities planning is assumed to be performed by a manager ($103/hr).

b Costs were calculated by multiplying the total number of hours by the hourly wages.

c Total number of manufacturers is estimated to be 500; 1 percent or 5 new respondents per year 

are assumed.

d Assumed that 10 percent of manufacturers update some date codes each year. 

(500 manufacturers)(0.10) = 50 manufacturers.

e Assumed that 5 percent of manufacturers recycle coatings (500 manufacturers)(0.05) = 

25 manufacturers. Of the 25 manufacturers, assumed half of the recycle coating manufacturers 

would demonstrate compliance using mass balance and the other half using formulations.

f Based on exceedance fee reports received in 2009 (52) and 2010 (39), it is estimated that 45

exceedance fee reports will be submitted per year.

g Assumed that 75 manufacturers will use the tonnage exemption option.

h Based on a time estimate of 1 hour per coating product. (1 hour/product)(42 

products/manufacturer) = 42 hours/manufacturer.

i Assumed that 5 percent of manufacturers recycle coatings. (500 manufacturers)(0.05) = 25 

manufacturers.

j Based on an industry estimate of 320 hours needed to modify labels for a company with 200 paint 

products, or 1.6 hours per product.

(1.6 hours/product)(42 products/manufacturer) = 67 hours/manufacturer.

k Assumed that half of the manufacturers would have to modify their labels over 3 years. 

(500 manufacturers)(0.5)/(3 years) = 83 manufacturers per year.
5. The Information Collected--Agency Activities, Collection Methodology, and 

Information Management.

(a) Agency Activities.

A list of activities required of the EPA is provided in Table 3. 

(b) Collection Methodology and Management

The information collected under this rule will be maintained in a computerized database. 

As noted in section 2(b) of this ICR, the information collected is a necessary part of compliance 

determination.

(c) Small Entity Flexibility.

Although the rule does not contain any specific small entity provisions, the rule contains 

two provisions that may reduce the burden of this rule on small entities. These provisions are the 

exceedance fee provision and the tonnage exemption. 

(d) Collection Schedule.

The rule requires all manufacturers and importers of subject coatings to submit an initial 

notification report no later than September 13, 1999 (March 13, 2000 for products registered 

under the Federal Insecticide, Fungicide, and Rodenticide Act, or within 180 days after 

becoming subject to the rule, whichever is later. All manufacturers and importers of subject 

coatings must submit an explanation of any new date code no later than 30 days after the new 

date code is first used.

Manufacturers and importers choosing the recycled coating provision must submit an 

annual report by March 1 following the year in which the recycled coating provision is used. 

Manufacturers and importers choosing the exceedance fee provision must submit an annual 

report by March 1 following the calendar year in which the coatings for which the fee provision 

is used are manufactured or imported. Manufacturers and importers choosing the tonnage 

exemption must submit an annual report by March 1 of the year following the calendar year in 

which the exemption was claimed.
TABLE 3. AGENCY BURDEN FOR THE ARCHITECTURAL COATINGS RULE

A B C D E F

Reports

EPA 

Technical 

Hours Per 

Occurrence

Occurrences Per 

Year

Person Hours Per 

Year 

(Technical)

C = A x B

Person Hours Per 

Year (Management)

D = C x 0.05

Person Hours Per 

Year 

(Clerical)

E = C x 0.1

Total Cost

Per Yeara

Initial Reportb 1.0 5 5 0.3 0.5 $481

Annual Report: Manufacture of 

Recycled Coatings - Mass Balancec 1.0 12.5 12.5 0.6 1.3 $1,203

Annual Report: Manufacture of 

Recycled Coatings - Formulationc 0.5 12.5 6.3 0.3 0.6 $602

Date Code 

Reportsb 0.5 5 2.5 0.1 0.3 $241

Date Code Updatesd 0.5 50 25 1.3 2.5 $2,406

Annual Report: Exceedance Feee 4.0 45 180 9 18 $17,325

Annual Report:

Tonnage Exemptionf 2.0 75 150 7.5 15 $14,438

Maintenance of implementation 

database 60 1 60 3 6 $5,775

Totals 441 22 44 $42,470

a Total cost per year = (column C)($86/hr) + (column D)($103/hr) + (column E)($51/hr).

b Total number of manufacturers is estimated to be 500; 1 percent or 5 new respondents per year are assumed.

c Assumed 25 recycled coating manufacturers; assumed half use mass balance option and half use formulation option.

d Assumed 10 percent of all manufacturers update some date codes each year. (500 manufacturers)(0.10) = 50 manufacturers.

e Assumed 45 manufacturers will pay fees on some coatings (see footnote f in Table 2). 

f Assumed 75 manufacturers will use tonnage exemption option.
11

6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

The average annual burden estimates for reporting, recordkeeping, and labeling 

requirements are presented in Table 2 for all manufacturers. These numbers were derived from 

estimates based on EPA's experience with other standards and from information obtained from the 

industry representatives listed in Table 1. Because this is a renewal of an existing ICR, these 

estimates represent the average annual burden that will be incurred by the affected industry in the 

3-year period beginning January 1, 2012. The hours shown in column A of Table 2 are the burden 

estimate per manufacturer.

(b) Estimating Respondent Costs.

Table 2 also presents estimated costs for the required recordkeeping and reporting activities. 

Industry labor rates are based on an average of occupational wage rates for the affected NAICS 

groupings 3256 and 3259 (from the United States Department of Labor, Bureau of Labor Statistics, 

2006, http://data.bls.gov/oes/search.jsp?data_tool=OES). Management wages were based on 

industrial production managers, technical wages were based on health and safety engineers, and 

clerical rates were based on production, planning, and expediting clerks. The resultant average 

wage rates were: management ($45.82); technical ($38.13); and clerical ($22.85). To estimate the 

actual labor costs to be used in Table 3, an overhead of 125 percent was added to the raw labor 

rates resulting in the following loaded labor rates: management ($103); technical ($86); and 

clerical ($51). There are no capital or O&M costs associated with the ICR.

(c) Estimating Agency Burden and Cost.

Because the information collection requirements were estimated as an incidental part of the 

standard development, no costs can be attributed to the development of the information collection 

requirements. Because reporting and recordkeeping requirements on the part of respondents are 

required under section 183(e) of the Act, no operational costs will be incurred by the Federal 

government. Examination of records to be maintained by the respondents will occur incidentally as 

a part of the periodic inspection of sources that is part of the EPA's overall compliance and 

enforcement program and is not attributable to this ICR. The only costs that the Federal 

government will incur are costs associated with the review of reported information, as presented in 

Table 3. 

 Labor rates and associated costs are based on the hourly rates estimated above in 

paragraph 6.(b) as follows: $51 for clerical personnel, $86 for technical personnel, and $103 for 

management personnel. The number of management hours is assumed to equal 5 percent of the 

number of technical hours; the number of clerical hours is assumed to equal 10 percent of the 

number of technical hours (see Table 3).
12

(d) Estimating the Respondent Universe and Total Burden and Costs 

The respondent universe consists of 500 architectural coating manufacturers. Of these, 75 

are considered large manufacturers and 425 are considered small manufacturers. Due to importers' 

small market presence (less than 1 percent of total coating sales volume in 1990) and the lack of 

detailed product data on imported coatings, importers have not been included in this burden 

estimate.

The annual respondent burden will vary depending on the actual compliance choices that 

are made by the manufacturer or importer. Specifically, the burden will vary depending on whether 

the recycled coating, exceedance fee, or tonnage exemption provisions are chosen.

In order to estimate the industry burden, assumptions were made about the number of 

manufacturers that would choose each of the optional provisions (see appropriate footnotes in 

Table 2). Other assumptions were that the number of new respondents submitting the one-time 

Initial Notification Report and date code explanations will be 1 percent of the total respondent 

universe of 500, or about 5 per year. 

(e) Bottom Line Burden Hours and Cost Tables.

(i) Respondent Tally 

The bottom line industry burden hours and costs, presented in Table 2, are calculated by 

summing the total hours per year column (column E) and by summing the total cost per year 

column (column F). The annual burden and cost to the industry averaged over the 3-year period 

beginning January 1, 2012, is 14,661 hours and $1,261,526. This is a reduction of 1,980 hours and

increase of $37,019 from the burden calculation for the ICR approved in 2008. The hour reduction

is due to the smaller estimated number of exceedance fee reports and tonnage exemption reports. 

These estimates were updated based on actual reports submitted in 2009 and 2010. This is further 

discussed below in paragraph 6.(f), “Reasons for Change in Burden.” The cost increase is due to an 

increase in labor rates.

The average annual base reporting, recordkeeping, and labeling burden per manufacturer for 

this ICR is 29 hours (14,661 hours/500 manufacturers = 29 hours per manufacturer). The actual 

burden for each manufacturer will vary depending on the compliance choices that they make. 

Manufacturers that meet all of the mandatory requirements and do not select any of the optional 

requirements will have an annual reporting, recordkeeping, and labeling burden of approximately

12 hours (5,936 hours/500 manufacturers = 12 hours per manufacturer). 

Manufacturers that choose the recycled coating provision will have an annual reporting, 

recordkeeping, and labeling burden of approximately 133 hours (3,025 hours/25 manufacturers = 

121 hours per manufacturer; 12 hours + 121 hours = 133 hours per manufacturer). Manufacturers 

that choose the exceedance fee provision will have an annual reporting, recordkeeping, and labeling 

burden of approximately 100 hours (5,280 hours/60 manufacturers = 88 hours per manufacturer; 88

hours + 12 hours = 100 hours per manufacturer). Manufacturers that choose the tonnage exemption 

will have an annual reporting, recordkeeping, and labeling burden of approximately 44 hours 

(2,400 hours/75 manufacturers = 32 hours per manufacturer; 32 hours + 12 hours = 44 hours per 

manufacturer).
13

The total per manufacturer reporting, recordkeeping, and labeling burden is the lowest for 

manufacturers that meet the VOC content limits, and would be higher for those that choose the 

optional tonnage exemption, exceedance fee provision, or recycled coating provision.

(ii) Agency Tally 

The bottom line Agency burden and cost, presented in Table 3 is calculated in the same 

manner as the industry burden and cost. The estimated annual burden and cost averaged over the 3-

year period beginning January 1, 2012, are 441 hours and $42,470.

(iii) Variations in the annual bottom line. 

No significant variations in the annual respondent burden or cost are expected over the 3-

year period beginning on January 1, 2012.

(f) Reasons for Change in Burden. 

This renewal of a continuing ICR includes the following one-time burden and cost items: 

reading instructions, the initial report, explanation of date codes, planning activities, and calculating 

VOC content. To develop the estimates of annual average burden, these one-time activities were 

averaged over 3 years, beginning after the rule has been effective for more than 5 years. Therefore, 

EPA assumes that the vast majority of one-time initial reports already will have been submitted by

August 2011 and only new notifications will be submitted during the period covered by this ICR 

renewal. The assumptions used as a basis for the burden calculations more fully explain this 

concept (see footnotes in Table 2).

We have reduced the estimated number of exceedance fee reports from 50 to 45 per year, 

based on actual exceedance fee reports submitted in calendar year 2009 and 2010. The number of 

tonnage exemption reports should be more than the number of exceedance fee reports because the 

tonnage exemption allows some coatings to exceed their VOC content limit without incurring an 

exceedance fee.

(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is 

estimated to average 29 hours per respondent. The total reporting and recordkeeping burden for an 

individual respondent will vary depending on the compliance option(s) chosen. Respondents 

meeting the VOC content limits will have the lowest reporting and recordkeeping burden. 

Manufacturers and importers that choose the option of calculating an adjusted VOC content for 

recycled coatings, paying an exceedance fee, or exercising the tonnage exemption will have a 

higher reporting and recordkeeping burden. The final rule requires an initial one-time notification 

from each respondent. Respondents whose coating products have a VOC content that is less than 

or equal to the VOC content limits have no periodic requirements. Respondents using the recycled 

coatings provision must keep records and submit annual reports. Respondents taking advantage of 

the tonnage exemption must file an annual report and must maintain records for the coatings being 

claimed under the exemption. Respondents paying an exceedance fee must keep records for each 

coating product on which fees are paid and submit an annual report.
14

Burden means the total time, effort, or financial resources expended by persons to generate, 

maintain, retain, or disclose or provide information to or for a Federal agency. This includes the 

time needed to review instructions; develop, acquire, install, and utilize technology and systems for 

the purposes of collecting, validating, and verifying information, processing and maintaining 

information, and disclosing and providing information; adjust the existing ways to comply with any 

previously applicable instructions and requirements; train personnel to be able to respond to a 

collection of information; search data sources; complete and review the collection of information; 

and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information unless it displays a currently valid 

OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 

and 48 CFR chapter 15.

To comment on the Agency’s need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the use 

of automated collection techniques, EPA has established a docket for this ICR under Docket ID No. 

EPA-HQ-OAR-2011-0371, which is available for online viewing at www.regulations.gov, or in 

person viewing at the Air and Radiation docket in the EPA Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA/DC Public Reading 

Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air 

and Radiation Docket Center is 202-566-1742. An electronic version of the public docket is 

available at www.regulations.gov. This site can be used to submit or view public comments, access 

the index listing of the contents of the public docket, and to access those documents in the public 

docket that are available electronically. When in the system, select “search,” then key in the 

Docket ID Number identified above. Also, you can send comments to the Office of Information 

and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 

20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number EPA-HQOAR-2011-0371 and OMB Control Number 2060-0393 in any correspondence.
15

Attachment 1

Source Data and Information Requirements

Requirement Regulation Reference

LABELING

 Date of Manufacture 59.405(a)(1)

 Recommendation for thinning 59.405(a)(2)

 VOC content 59.405(a)(3)

In addition, for each industrial maintenance coating:

 One of the following statements of use 59.405(b)

For industrial use only.

For professional use only.

Not for residential use. or Not intended for residential use. or, 

This coating is intended for use under the following condition(s): (Include 

each condition that applies to the coating.)

Immersion in water, wastewater, or chemical solutions (aqueous and 

nonaqueous solutions), or chronic exposure of interior surfaces to moisture 

condensation;

Acute or chronic exposure to corrosive, caustic, or acidic agents, or to 

chemicals, chemical fumes, or chemical mixtures or solutions;

Repeated exposure to temperatures above 120 degrees Celsius (250 degrees 

Fahrenheit); 

Repeated (frequent) heavy abrasion, including mechanical wear and repeated 

(frequent) scrubbing with industrial solvents, cleansers, or scouring agents; 

or, 

Exterior exposure of metal structures and structural components

In addition, for each coating using the optional recycled coating credit:

 The statement "Contains not less than X percent by volume post-consumer 

coating." Where "X" is replaced with the percent, by volume, of post-consumer 

coating

59.405(c)

RECORDKEEPING

For each coating for which the optional recycled coating credit is applied:

 Minimum volume percent post-consumer coating content 59.407(a)(1)

 Volume of post-consumer coating received for recycling 59.407(a)(2)

 Volume of post-consumer coating received that was unusable 59.407(a)(3)
16

Requirement Regulation Reference

 Volume of virgin materials 59.407(a)(4)

 Volume of final recycled coating 59.407(a)(5)

 Calculation of adjusted VOC content 59.407(a)(6)

For each manufacturer and importer using the optional exceedance fee provision:

 A list of the coatings and the associated coating categories in Table 1 of the 

regulation for which the exceedance fee is used

59.407(b)(1)

 Calculation of the annual fee for each coating and the total annual fee for all 

coatings 

59.407(b)(2)

 The VOC content of each coating 59.407(b)(3)

 The excess VOC content of each coating 59.407(b)(4)

 The total volume manufactured or imported per period for each coating 59.407(b)(5)

 The annual fee for each coating 59.407(b)(6)

 The total annual fee for all coatings 59.407(b)(7)

For each manufacturer or importer using the optional tonnage exemption:

 A list of all coatings and the associated coating categories in Table 1 of the 

regulation for which the tonnage exemption is claimed

59.407(c)(1)

 The VOC content of each coating for which the exemption is claimed 59.407(c)(2)

 The annual sales for each coating for which the exemption is claimed 59.407(c)(3)

 The megagrams of VOC contained in each coating for which the exemption is 

claimed, and for all coatings combined for which the exemption is claimed, for the 

time period the exemption is claimed

59.407(c)(4)

REPORTS

Initial report for all manufacturers and importers:

 Name and mailing address of the manufacturer or importer 59.408(b)(1)

 The street address of each one of the manufacturer’s or importer’s facilities in the 

U.S. producing, packaging, or repackaging any architectural coating subject to this 

subpart.

59.408(b)(2)

 List of categories of coatings in Table 1 of the regulation for which the 

manufacturer’s or importer’s coatings meet the definition

59.408(b)(3)

 Explanation of date code, if applicable 59.408(b)(4)

Annual report for coatings for which the optional recycled coating credit is applied:

 Minimum post-consumer content of coatings 59.408(c)(1)
17

Requirement Regulation Reference

 Volume of post-consumer coating received for recycling 59.408(c)(2)

 Volume of post-consumer coating received that was unusable 59.408(c)(3)

 Volume of virgin materials used 59.408(c)(4)

 Volume of recycled coating manufactured or imported 59.408(c)(5)

Annual report for manufacturers and importers using the optional exceedance fee: 

 Name and address 59.408(d)(1)

 A list of all coatings and the associated coating categories for which the 

exceedance fee is being used 

59.408(d)(2)

 VOC content of each coating that exceeds the applicable VOC content limit in 

Table 1 of the regulation

59.408(d)(3)

 Excess VOC content of each coating product for which a fee is paid 59.408(d)(4)

 Total annual volume of all coatings for which a fee is paid 59.408(d)(5)

 The annual fee for each coating 59.408(d)(6)

 The total annual fee for all coatings 59.408(d)(7)

Annual report for manufacturers and importers using the optional tonnage exemption: 

 A list of all coatings and the associated coating categories in Table 1 of the 

regulation for which the tonnage exemption was claimed

59.408(e)(1)

 The VOC content of each coating for which the exemption was claimed 59.408(e)(2)

 The actual sales for each coating for which the exemption was claimed 59.408(e)(3)

 The total megagrams of VOC contained in all the coatings for which the exemption 

was claimed

59.408(e)(4)