311 

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 submit

by each regulated e

this section shall be 

ance with 40 CFR par

TABLE 1 TO SUBPART B OF PART 59—VOLATILE ORGANIC COMPOU

LIMITS FOR AUTOMOBILE REFINISH COATINGS

Coating category 

Pretreatment wash primers ..................................................................................................................

Primers/primer surfacers ......................................................................................................................

Primer sealers ......................................................................................................................................

Single/two-stage topcoats ....................................................................................................................

Topcoats of more than two stages ......................................................................................................

Multi-colored topcoats ..........................................................................................................................

Specialty coatings ................................................................................................................................

aEnglish units are provided for information only. Compliance will be determined based on the VO

in metric units. 

Subpart C—National Volatile Organic Compound Emission 

Standards for Consumer Products 

SOURCE: 63 FR 48831, Sept. 11, 1998, unless 

other noted. 

§ 59.201 Applicability and designation 

of regulated entity. 

(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 

graph (c)(1) through 

tion. 

(1) Any consumer 

turer in the United S

and use outside of th

(2) Insecticides a

containing at 

paradichlorobenzene 

cent naphthalene. 

(3) Adhesives sold 

0.03 liter (1 ounce) or 

(4) Bait station in

purpose of this subpa

secticides are conta

insecticidal bait th

more than 14 grams 

bait is designed to 

sects and is compose

feeding stimulants w

cent by weight activ

(5) Air fresheners 

stituents, as define

59.203(f), consist o

grance. 

(6) Non-aerosol m

ucts that are princip

tion of fabric from 

and other fabric pe

nile, or larval forms. 

(7) Flooring seam s

or fill the seam betw

pieces of flexible she


erowe on DSK5CLS3C1PROD with CFR
312 

§ 59.202 Definitions. 

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 institutional and industrial channels of distribution. To determine whether a prod

ener, all verbal and 

tions regarding pro

label or packaging a

literature and adver

sidered. The presenc

tations about, a p

and ability to deodor

surface application

stitute a claim of air 

All other forms m

product forms for w

cific VOC standard i

specified otherwise 

VOC standard, ‘‘all 

clude, but are not 

ids,liquids, wicks, 

and cloth or paper w

Automotive windsh

means any liquid de

motor vehicle wind

tem either as an an

purpose of cleaning

ting the windshie

windshield washer f

clude fluids placed 

turer in a new vehicl

Bathroom and tile 

product designed to 

faces in bathrooms

tile cleaner’’ does no

specifically designe

bowls or toilet tanks

Carburetor and cho

product designed to 

other contaminants 

or choke. ‘‘Carbureto

er’’ does not include 

to be introduced dir

lines or fuel storage 

troduction into the 

vent use regulated u

63, subpart T (halog

tional emission st

ardous air pollutants 

Charcoal lighter m

combustible materi

applied on, incorpor

or used with charcoa

tion. ‘‘Charcoal ligh

not include any of th

(1) Electrical start

(2) Metallic cylinde

der; 

(3) Natural gas; an

(4) Propane. 

Construction and pa

any one-component h


erowe on DSK5CLS3C1PROD with CFR
313 

having gap-filling capabilities that distributes stress uniformly throughout 

the bonded area resulting in a reduction or elimination of mechanical fasteners. 

Consumer means any person who purchases or acquires any consumer product for personal, family, household, or 

institutional use. Persons acquiring a 

consumer product for resale are not 

‘‘consumers’’ of that product. 

Consumer product means any household or institutional product (including 

paints, coatings, and solvents), or substance, or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of 

which may result in the release of 

VOC. For the purposes of this subpart, 

consumer product means any product 

listed in tables 1 or 2 of this subpart. 

Contact adhesive means any household adhesive that: 

(1) When applied to two substrates, 

forms an instantaneous, 

nonrepositionable bond; 

(2) When dried to touch, exhibits a 

minimum 30-minute bonding range; 

and 

(3) Bonds only to itself without the 

need for reactivation by solvents or 

heat. 

Container or packaging means the part 

or parts of the consumer product that 

serve only to contain, enclose, incorporate, deliver, dispense, wrap, or store 

the chemically formulated substance 

or mixture of substances that is solely 

responsible for accomplishing the purposes for which the product was designed or intended. ‘‘Container or packaging’’ includes any article onto or 

into which the principal display panel 

is incorporated, etched, printed, or attached. 

Crawling bug insecticide means any insecticide product that is designed for 

use against crawling arthropods including, but not limited to, ants, cockroaches, mites (but not house dust 

mites), silverfish, or spiders. ‘‘Crawling 

bug insecticide’’ does not include products for agricultural use or products 

designed to be used exclusively on humans or animals. 

Distributor means any person to 

whom a consumer product is sold or 

supplied for the pur

distribution in comm

Double-phase aero

means an aerosol a

liquid contents in tw

phases that requires 

tainer to be shaken 

the phases, producin

Dusting aid means 

to assist in removi

soils from floors a

without leaving a wa

coating. ‘‘Dusting a

clude products that 

compressed gases fo

or other specialty ar

Engine degreaser 

product designed t

grime, oil, and ot

from the external s

and other mechanic

degreaser’’ does not 

vent used in parts w

or any solvent use 

CFR part 63, subpa

solvent NESHAP). 

Fabric protectant m

signed to be appli

strates to protect th

ing from dirt and o

to reduce absorption 

fabric’s fibers. ‘‘F

does not include si

ucts whose function 

repellency, or produc

solely on fabrics tha

clean only.’’ 

Flea and tick insect

secticide product th

use against fleas, ti

vae, or their eggs. ‘‘F

ticide’’ does not inc

are designed to be u

humans or animals o

Flexible flooring m

phalt, cork, linoleum

seamless vinyl, and 

flooring. 

Floor polish or wax 

ish, or any other pr

polish, protect, or 

faces by leaving a 

that is designed to 

plenished. ‘‘Floor po

not include ‘‘spray 

products designed s

pose of cleaning f

strippers, products d

ished wood floors, an


erowe on DSK5CLS3C1PROD with CFR
314 

to 40 CFR part 59, subpart D—National 

Volatile Organic Compound Emission 

Standards for Architectural Coatings. 

Floor seam sealer means any low viscosity specialty adhesive used in small 

quantities for the sole purpose of bonding adjoining rolls of installed flexible 

sheet flooring or to fill any minute 

gaps between and adjoining rolls. 

Flying bug insecticide means any insecticide product that is designed for 

use against flying insects including, 

but not limited to, flies, mosquitoes, 

and gnats. ‘‘Flying bug insecticide’’ 

does not include ‘‘wasp and hornet insecticide’’ or products that are designed to be used exclusively on humans or animals or their bedding. 

Fragrance means a substance or mixture of aroma chemicals, natural essential oils, and other functional components that is added to a consumer product to impart an order or scent, or to 

counteract a malodor. 

Furniture maintenance product means 

a wax, polish, conditioner, or any other 

product designed for the product designed for the purpose of polishing, protecting, or enhancing finished wood 

surfaces other than floors. Furniture 

maintenance product’’ does not include 

dusting aids, products designed solely 

for the purpose of cleaning, and products designed to leave a permanent finish such as stains, sanding sealers, and 

lacquers. 

Gel means a colloid in which the dispersed phase has combined with the 

continuous phase to produce a semisolid material, such as jelly. 

General purpose adhesive means any 

nonaerosol household adhesive designed for use on a variety of substrates. General purpose adhesives do 

not include contact adhesives or construction and panel adhesives. 

General purpose cleaner means a product designed for general all-purpose 

cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. ‘‘General 

purpose cleaner’’ includes products designed for general floor cleaning, 

kitchen or countertop cleaning, and 

cleaners designed to be used on a variety of hard surfaces. 

Glass cleaner means a cleaning product designed primarily for cleaning 

surfaces made of glass. Glass cleaner 

does not include 

solely for the purpos

cal materials used in 

graphic equipment, 

ment, and photocopy

Hair mousse means 

designed to facilit

coiffure and provid

power. 

Hair styling gel m

cosity, often gelati

contains a resin and 

application to hair 

and sculpting of the 

Hairspray means a 

designed primarily 

dispensing droplets 

into a hair coiffure t

rigidity to the coiff

retain the style for a 

High-volatility org

HVOC means any 

that exerts a vapo

than 80 millimeters 

measured at 20 degre

Household adhesive 

hold product that is 

surface to another 

‘‘Household adhesive

products used on hu

adhesive tape, conta

shelf liners, or any 

an adhesive incorpor

inert substrate. 

Household product 

sumer product that 

signed to be used in

living quarters or re

the immediate surr

occupied or intended 

individuals. 

Household use mea

in a home or its im

ment. 

Importer means 

brings a consumer 

manufactured, filled

location outside of 

into the United Sta

tribution in the Unit

Industrial use mean

manufacturing, min

process or use in th

tories, processing p

sites. 

Insecticide means a 

that is designed for 

or other arthropod

product that is: 


erowe on DSK5CLS3C1PROD with CFR
315 

(1) For agricultural use; or 

(2) A restricted use pesticide. 

Insecticide fogger means any insecticide product designed to release all or 

most of its content as a fog or mist 

into indoor areas during a single application. Foggers may target a variety of 

pests including (but not limited to) 

fleas and ticks, crawling insects, lawn 

and garden pests, and flying insects. 

Foggers are not subject to the specific 

VOC limitations or other categories of 

insecticides list in table 1 of this subpart. 

Institutional product means a consumer product that is designed for use 

in the maintenance or operation of an 

establishment that manufactures, 

transports, or sells goods or commodities, or provides services for profit; or 

is engaged in the nonprofit promotion 

of a particular public, educational, or 

charitable cause. ‘‘Establishments’’ include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile 

service and parts centers, health clubs, 

theaters, or transportation companies. 

‘‘Institutional product’’ does not include household products and products 

that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities 

that are produced by the establishment. 

Institutional use means use within the 

confines of or on property necessary for 

the operation of buildings’ including, 

but not limited to, government agencies, factories, sanitariums, prisons, 

restaurants, hotels, stores, automobile 

service and parts centers, health clubs, 

theaters, transportation companies, 

hospitals, schools, libraries, auditoriums, and office complexes. 

Label means any written, printed, or 

graphic matter affixed to, applied to, 

attached to, blown into, formed, molded into, embossed on, or appearing 

upon any consumer product package 

for purposes of branding, identifying, 

or giving information with respect to 

the product or to the contents of the 

package. 

Laundry prewash means a product 

that is designed for application to a 

fabric prior to laundering and that supplements and contributes to the effectiveness of laundry 

provides specialized 

Laundry starch pro

uct that is designed 

a fabric, either dur

dering, to impart a

look and may also fa

the fabric. ‘‘Laundr

includes, but it not 

finish, sizing, and sta

Lawn and garden in

insecticide product 

to be used in househ

den areas to protec

sects or other arthro

Liquid means a sub

of substances that 

unlike a gas, does 

nitely (i.e., a substa

volume but not cons

uid’’ does not includ

materials that are 

of solid particles. 

Manufacturer mean

manufacturers or pr

product. Manufactur

(1) Processors wh

consumer products, 

(2) Contract filler

mulas and packag

under a distributor’s 

(3) Contract fillers 

products using form

distributor; and 

(4) Distributors wh

to be used by a cont

essor. 

Nail polish remover 

designed to remove n

ings from fingernails 

Nonagricultural pe

includes any substa

substances that is 

fined in section 2(u) 

secticide, Fungicide

Act (7 U.S.C. 136–136y

Nonresilient flooring 

mineral content th

‘‘Nonresilient floorin

not limited to, terra

granite, brick, stone

concrete. 

Oven cleaner mea

product designed to 

move dried food dep

teriors. 

Person means an i

tion, partnership, a


erowe on DSK5CLS3C1PROD with CFR
316 

any agency, department, or instrumentality of the United States, and any officer, agent, or employee thereof. 

Principal display panel(s) means that 

part, or those parts, of a label that are 

so designed as to most likely be displayed, presented, shown, or examined 

under normal and customary conditions of display or purchase. Whenever 

a principal display panel appears more 

than once, all requirements pertaining 

to the ‘‘principal display panel’’ shall 

pertain to all such ‘‘principal display 

panels.’’ 

Product category means that applicable category which best describes the 

product as listed in tables 1 or 2 of this 

subpart and which appears on the product’s principal display panel. 

Product form means the form that 

most accurately describes the product’s dispensing from including 

aerosols, gels, liquids, pump sprays, 

and solids. 

Pump spray means a packaging system in which the product ingredients 

are expelled only while a pumping action is applied to a button, trigger, or 

other actuator. Pump spray product ingredients are not under pressure. 

Representative consumer product 

means a consumer product that is subject to the same VOC limit in §59.203 as 

the innovative product. 

Restricted use pesticide means a pesticide that has been classified for restricted use under the provisions of 

section 3(d) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 

U.S.C. 136–136y). 

Shaving cream means an aerosol product that dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system in the removal of facial or other 

body hair. 

Single-phase aerosol air freshener 

means an aerosol air freshener with 

liquid contents in a single homogeneous phase that does not require 

that the product container be shaken 

before use. 

Solid means a substance or mixture of 

substances that does not flow or expand readily (i.e., a substance with 

constant volume such as the particles 

constituting a powder). ‘‘Solid’’ does 

not include liquids or gels. 

Spray buff product 

designed to restore 

in conjunction with 

chine and special pad

Structural waterpro

an adhesive whose 

sistant to conditions 

mersion in fresh or s

conforms with Fed

MMM-A-181 (Type 

MIL-A-4605 (Type 

Grade C). 

Underarm antipers

aerosol product that 

manufacturer to be 

spiration in the hu

least 20 percent in at 

a target population. 

Underarm deodoran

osol product that i

manufacturer to be u

in the human axilla 

growth of bacteria 

composition of persp

United States m

States of America, 

trict of Columbia, t

of Puerto Rico, th

Guam, American Sa

monwealth of the No

lands. 

Usage directions m

graphics on the co

label or accompanyi

describes to the end 

what quantity the 

used. 

Volatile organic c

means any compoun

definition of a VOC, 

CFR part 51, subpar

quent amendments. 

Wasp and hornet in

insecticide product t

use against wasps

jackets, or bees by a

spray a high-volume 

burst from a safe d

tended pest or its hid

Wax means an or

compound with low 

high molecular weig

at room temperatur

erally similar in co

and oils except tha

glycerides. ‘‘Wax’’ in

limited to, substan

nauba wax, lanolin

rived from the secre


erowe on DSK5CLS3C1PROD with CFR
317 

animals; substances of a mineral origin 

such as ozocerite, montan, and paraffin; and synthetic substances such as 

chlorinated naphthalenes and ethylenic 

polymers. 

Wood floor wax means wax-based 

products for use solely on wood floors. 

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 

30, 1998] 

§ 59.203 Standards for consumer products. 

(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 

was used in the test

fied in §59.208 for th

the provisions in 

(e)(2)(i) or (e)(2)(ii

apply. 

(i) The charcoal l

intended to be used 

independent of the a

used, such as paraffin 

(ii) The charcoal 

already incorporated 

such as certain ‘‘ba

light,’’ or ‘‘match lig

(3) Records of em

sults for all charcoa

must be made avail

to the Administrato

purposes within 30 

such requests. 

(4) If a manufactur

submitted records o

of a charcoal light

State or local regula

existing records m

under paragraph (d)(

lieu of new test d

product formulation 

that which was prev

previous testing mu

ducted in accordance 

tocol described in §5

tocol that is approve

trator as an alternat

(e) Fragrances in

consumer product u

level of 2 weight-pe

included in the we

calculation. 

(f) The VOC conten

of this subpart shal

VOC that: 

(1) Has a vapor pr

0.1 millimeters of m

grees Celsius; or 

(2) Consists of mo

atoms, if the vapo

known; or 

(3) Has a melting p

degrees Celsius and 

(i.e., does not chang

solid into a gas with

vapor pressure is unk

(g) The requiremen

of this Section shall 

VOC in antiperspira

that contain more 

atoms per molecule 

vapor pressure is u


erowe on DSK5CLS3C1PROD with CFR
318 

have a vapor pressure of 2 millimeters 

of mercury or less at 20 degrees Celsius. 

(h) a manufacturer or importer may 

use the vapor pressure information provided by the raw material supplier as 

long as the supplier uses a method to 

determine vapor pressure that is generally accepted by the scientific community. 

(i) For hydrocarbon solvents that are 

complex mixtures of many different 

compounds and that are supplied on a 

specification basis for use in a consumer product, the vapor pressure of 

the hydrocarbon blend may be used to 

demonstrate compliance with the VOC 

content limits of this section. Identification of the concentration and vapor 

pressure for each such component in 

the blend is not required for compliance with this subpart. 

§ 59.204 Innovative product provisions. 

(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. 

E E VOC

VOC R NC Equation STD

NC

= × 1

Where 

ER=The VOC emissions from the noncomplying representative product, had it been 

reformulated. 

ENC=The VOC emissions from the noncomplying representative product in its current formulation. 

VOCSTD=The VOC standard specified in 

§59.203(a). 

VOCNC=The VOC cont

plying product in its 

(b) If a regulated e

to the satisfaction 

trator that the equa

(a)(2) of the this se

curate results due 

acteristic of the pr

or other factors, an 

that accurately ca

may be used upon a

ministrator. 

(c) A regulated e

the Administrator in 

tent to enter into th

vative product mee

ments of paragraph 

The Administrator 

written notification 

novative product is 

or distribution to co

tion shall include 

specified in paragra

of this section. 

(1) Supporting do

demonstrates the e

innovate product, in

physical test method

the data and, if ne

sumer testing under

product usage; 

(2) Any informatio

able the Administrat

forceable conditions 

product, including t

the innovative prod

weight-percentage, 

for determining the V

(d) At the option o

tity, the regulated e

a written request fo

tor’s written concur

novative product fu

ments of paragraph 

If such a request is m

trator will respond a

graphs (d)(1) through 

tion. 

(1) The Administra

within 30 days of re

documentation subm

ance with paragraph 

is complete. 

(2) The Administra

whether the innova

be exempt from th

§59.203(a) within 90 d

cation has been deem

applicant and the A


erowe on DSK5CLS3C1PROD with CFR
319 

mutually agree to a longer time period 

for reaching a decision, and additional 

supporting documentation may be submitted by the applicant before a decision has been reached. The Administrator will notify the applicant of the 

decision in writing and specify such 

terms and conditions that are necessary to insure that emissions from 

the product will meet the emissions reductions specified in paragraph (a) of 

this section, and that such emissions 

reductions can be enforced. 

(3) If an applicant has been granted 

an exemption to a State or local regulation for an innovative product by a 

State or local agency whose criteria for 

exemption meet or exceed those provided for in this section, the applicant 

may submit the factual basis for such 

an exemption as part of the documentation required under paragraph 

(d) of this section. In such case, the Administrator will make the determination required under this paragraph 

within 45 days after the applications is 

considered complete. 

(e) In granting an exemption for a 

product, the Administrator will establish conditions that are enforceable. 

These conditions may include the VOC 

content of the innovative product, dispensing rates, application rates, and 

any other parameters determined by 

the Administrator to be necessary. The 

Administrator will also specify the test 

methods for determining conformance 

to the conditions established, including 

criteria for reproducibility, accuracy, 

and sampling and laboratory procedures. 

(f) For any product for which an exemption has been granted pursuant to 

this section, the regulated entity to 

whom the exemption was granted shall 

notify the Administrator in writing 

within 30 days after any change in the 

product formulation or recommended 

product usage directions, and shall also 

notify the Administrator within 30 

days after the regulated entity learns 

of any information that would alter 

the emissions estimates submitted to 

the Administrator in support of the exemption application. 

(g) If lower VOC content limits are 

promulgated for a product category 

through any subsequent rulemaking, 

all exemptions granted under this section for products in 

egory shall no longe

innovative product 

onstrated to have V

than the applicable 

tent limits. 

(h) If the Admini

that a consumer pro

exemption has been 

meets the VOC emis

ified in paragraph (a

an innovative prod

trator may modify 

emption as necessa

the product will m

The Administrator w

revoke an exemptio

fording the applica

for a public hearing 

exemption should b

voked. 

[63 FR 48815, Sept. 11, 1

30, 1998] 

§ 59.205 Labeling. 

(a) The container 

consumer product t

this subpart shall c

day, month, and y

product was manufa

indicating such date

of this provision s

products that are of

free of charge for th

pling the product. 

(b) In addition, 

package for each ch

terial that is subje

shall be labeled acco

sions of §59.203(d)(2). 

§ 59.206 Variances. 

(a) Any regulated 

comply with the re

subpart because of 

cumstances beyond 

may apply in writin

trator for a variance

plication shall inclu

specified in paragra

(a)(3) of this section. 

(1) The specific gr

the variance is sough

(2) The proposed 

compliance with the 

subpart will be achi

shall be no later tha

issuance of a varianc


erowe on DSK5CLS3C1PROD with CFR
320 

(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 economically feasible, and 

(2) The compliance plan proposed by 

the applicant can be implemented and 

will achieve compliance as expeditiously as possible. 

(d) Any variance order will specify a 

final compliance date by which the requirements of this subpart will be 

achieved and increments of progress 

necessary to assure timely compliance. 

(e) A variance shall cease to be effective upon failure of the regulated entity to comply with any term or condition of the variance. 

(f) Upon the application of any party, 

the Administrator may review, and for 

good cause, modify or revoke a variance after holding a public hearing in 

accordance with th

scribed in paragraph 

§ 59.207 Test method

Each manufacture

ject to the provision

demonstrate compli

quirements of this su

culation of the VO

records of the amou

used to manufacture 

§ 59.208 Charcoal lig

ing protocol. 

(a) Each manufact

charcoal lighter m

this subpart shall de

ance with the applic

of §59.203(d) using th

fied in this section. 

rial that has rece

from California Sou

ity Management D

under their Rule 117

Compliance Certific

tocol, will be con

demonstrated compl

plicable requiremen

using the procedures 

(b) The manufact

shall obtain from t

tory conducting the 

findings, including a

charts and laborator

The testing must 

VOC emissions resul

tion of the barbecu

average, less than o

per start. The ma

porter shall mainta

findings. 

(c) When a charco

does not fall within 

lines of this protocol

be modified followin

by the Administrato

protocol is an accept

the method describ

and written approva

trator. 

(d) Meteorological 

criteria. (1) Testing 

under the following c

(i) Inlet combustio

is 16 to 27 degrees C

grees Fahrenheit) w

midity of 20 to 80 per

(ii) The charcoal a

are stored 72 hours 


erowe on DSK5CLS3C1PROD with CFR
321 

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 combustion air shall be continuously monitored during the test. 

Temperature and relative humidity of 

the place where the charcoal and lighter material are stored prior to the test 

shall be monitored and recorded during 

the 72 hours immediately prior to the 

test. If the stack is exhausted outdoors, the continuous outdoor wind 

speed monitor shall be observed or recorded continuously during testing. If 

the wind speed monitor is manually observed rather than electronically recorded, the maximum wind speed observed during the test shall be recorded. 

(e) Definitions. For the purposes of 

this test protocol, the following definitions shall apply: 

(1) Baseline VOC emissions (Eb) means 

the 3.6 grams (0.008 pounds) per start of 

subject VOC mass emissions (calculated as CH2) resulting from the ignition of charcoal by electric probe. 

(2) Emission limit for VOC means 9 

grams per start of resultant VOC emissions (Er), (expressed as CH2). 

(3) Equivalent means equipment that 

has been demonstrated to meet or exceed the performance, design, and operation specifications of the prescribed 

equipment. A demonstration that 

equipment or a test method is a suitable alternative requires written approval from the Administrator prior to 

compliance testing, based on an evaluation of comparative performance 

specifications and/or actual performance test data. 

(4) Ignition means the ready-to-cook 

condition of the charcoal determined 

by the temperature above the charcoal, 

the organic vapor concentration measured by the continuous organic emission monitor, and percent ash. 

(5) Ignition VOC emissions (eI)—means 

the grams (pounds) per start of total 

subject VOC mass emissions (expressed 

as CH2) resulting fr

charcoal by the light

going evaluation, in

coal and lighter mat

(6) labeled direction

rections affixed to th

material which speci

(1) The amount of 

use per kilogram (o

coal, unless the ligh

ready impregnated 

charcoal; 

(2) How to use or 

material; and 

(3) How and when 

material. 

(7) Percent ash m

observation of the ra

coal surface area ign

ash) to total char

times 100. 

(8) Reference VOC 

means the grams (p

subject VOC mass 

culated as CH2) resul

tion of charcoal by 

tric probe during the 

(9) Resultant VO

means the ignition 

less the reference V

plus baseline emissio

(10) Start means a 

commencing from 

emissions may be 

lighter material, eit

or combustion, and 

ized such that by t

minute period, igniti

(f) Test structure, e

tions, and reference 

test structure is to 

building or fabricat

(i.e., with enclosed s

enclosure shall be s

no constant or inte

within it that cause 

stack velocity and/o

flow patterns within 

containing the refere

ING: If the stack i

building enclosure, 

taken to avoid carb

soning and the reduc

(2) Test structure 

following test stru

as shown in figures 1 

A of this subpart, sha

(i) Test chamber

prefabricated firepl


erowe on DSK5CLS3C1PROD with CFR
322 

1 NOTE: Mention of trade names or specific 

products does not constitute endorsement by 

the EPA. 

by MarcoD, 1 Model No. C41CF, with 

flue damper removed; or a fabricated 

structure with the same dimensions. 

Spacers are required at the rear of the 

test chamber to ensure a constant 5- 

centimeter (2-inch) distance between 

the reference grill and the rear wall of 

the test chamber. 

(ii) Test stack—25-centimeter (10- 

inch) diameter galvanized steel ducting 

with velocity traverse port holes located approximately 8 diameters downstream from the stack outlet of the 

fireplace chamber and sampling ports 

located approximately 21⁄2 diameters 

downstream of the velocity traverse 

ports. 

(iii) Fan—25-centimeter (10-inch) diameter axial fan (duct fan) capable of 

maintaining an air velocity of 140 ±9 

meters per minute (450 ±30 feet per 

minute) and located in the stack approximately 3 diameters downstream of 

the sampling ports. 

(iv) Test stack insulation—The stack 

shall be insulated with fiberglass blanket insulation (or equivalent) with a 

minimum R-value of 6.4, that totally 

surrounds the stack from the top of the 

fireplace to the level of the blower 

which minimizes temperature gradients in the stack and prevents hydrocarbons from condensing on the stack 

wall. 

(v) Stack mounts—Supports for fixing in position the stack velocity 

measurement device for measuring reference point velocity readings and the 

continuous organic emission monitor 

probe/meter. 

(vi) Blower speed control—A rheostat 

for controlling voltage to the fan. 

(3) Test equipment and materials. 

The following test equipment and materials shall be used: 

(i) Continuous recording device—A 

YEWD model 4088 dot matrix, roster 

scanning chart recorder, Omega strip 

recorder with a Strawberry Tree Data 

Acquisition System, or equivalent, 

shall be used to continuously (6-second 

cycle) record temperatures, velocity, 

and continuous organic emission monitor output signals. The recording may 

be done manually, recording temperature using a digital 

second intervals), r

locity with a Pitot 

tervals), and continu

sion monitor readin

lyzer’s meter (10-seco

(ii) Grill temperat

‘‘K’’ thermocouple s

7.6 centimeter (3-in

plate 0.083-centime

thick painted flat 

temperature (> 370 

700 degrees Fahrenh

an adjustable stand t

timeters (4.5 inches

imum height of the 

made such that it c

replaced within the c

(iii) Stack tempe

KurzD digital air ve

type ‘‘K’’ thermocou

(iv) Stack velocity 

vice—The velocity i

minute for the refer

KurzD digital air 

DavisD DTA 4000 van

equivalent to metho

60, appendix A. 

(v) Continuous o

monitor—CenturyD 

Vapor Analyzer, Ra

hydrocarbon analyz

with response in 

(ranges 0 to 10 part

100 parts per millio

per million). 

(vi) Temperature a

itor—A chart recor

midity accuracy of 

to 85 percent. 

(vii) Wind speed a

itor—A wind speed a

meeting a tolerance 

(viii) Analytical 

tronic scale with a 

grams. 

(ix) Charcoal sta

metal cylinder 21.6 

inches) in diameter 

determine that the 

does not exceed 12

inches) in height. 

(x) Camera—To d

condition of charcoa

start. 

(xi) Particulate fil

filter, Catalog Numb

0.64 centimeter (1

inlet and outlet or eq


erowe on DSK5CLS3C1PROD with CFR
323 

(xii) Barbecue Grill—The charcoal 

shall be ignited in a WeberD ‘‘Go Anywhere’’ barbecue grill (Model Number 

#121001), 39.4 centimeters × 24 centimeters × 12.7 centimeters (15.5 inch × 

9.5 inch × 5.0 inch) with the grate 4.4 

centimeters (1.75 inches) above the bottom of the grill, or another grill that 

meets these specifications. The grill 

shall be set on its bottom when placed 

in the test chamber and all grill air 

vents shall be in full open position. 

(xiii) Electric probe—A 600-watt electric probe shall be used for electric 

probe ignition tests. 

(xiv) Untreated charcoal—The laboratory conducting the testing shall 

purchase ‘‘off the shelf’’ untreated 

charcoal from a retail outlet. Charcoal 

shall not be provided by the manufacturer of the charcoal lighter material 

to be tested or by the charcoal manufacturer. The charcoal to be used is 

KingsfordD ‘‘Original Charcoal Briquets.’’ All untreated charcoal used in 

the certification testing of a single ignition source is to come from the same 

lot as indicated by the number printed 

on the bag. 

(xv) Treated or impregnated charcoal—If the charcoal lighter material 

to be tested is a substance used to 

treat or impregnate charcoal, the regulated entity shall provide to the laboratory conducting the tests a sample 

of impregnated charcoal. The sample 

shall be impregnated or treated barbecue charcoal that is ignited either 

outside of package or ignited by the 

package. If commercially available, the 

independent testing laboratory conducting the test shall purchase ‘‘off the 

shelf’’ from a retail outlet. 

(g) Sampling and analytical methods. 

(1) Gas volumetric flow rate. Conduct a 

full velocity traverse using the stack 

velocity measurement device as shown 

in figure 3 of this Appendix A to this 

Subpart, or use Method 1A of 40 CFR 

part 60, appendix A. Continuously 

record a velocity reference point reading during each test run using a chart 

recorder or once every 20 seconds if 

using Method 1A. Calculate the volumetric flow rate using the gas velocity, 

moisture content, and the stack crosssectional area. For the purposes of this 

protocol, the static pressure shall be 

assumed to be atmospheric, the molar 

density correction f

to be 1.0, and the m

be 2 percent. 

(2) Integrated VO

integrated VOC ga

sampling port in t

using a 40 CFR par

Method 25 Total Co

(TCA) sampling appa

two evacuated 9-l

equipped with flow c

gauges, and probes, 

4 of Appendix A of th

CFR part 60, appen

SCAQMD Method 25

reference—§59.213 of 

equivalent, for anal

oxide, carbon dioxi

non-methane organi

lyzed by the TCA an

ization Detector (F

gen content is deter

matography using a 

tivity detector. Cle

ters between use by 

grees Celsius (1400 d

while using compres

for cleaning and purg

(3) Continuous o

monitor. A continu

sions monitor which 

FID shall be used fo

measure the real t

centration of the ex

Record the emission 

in parts per million 

ing the sampling pe

recorder or at least 

onds. The VOC anal

ated as prescribed i

er’s directions unles

in this protocol. 

(h) Pretest proced

lighter material—ch

test run, remove cha

bag that has been st

hours in a humidity 

controlled room whi

quirements of parag

section and weight o

pounds) of charcoal 

nearest whole briqu

grams (2 pounds), 

with no broken piece

ical balance. Reseal 

must be ignited with

removal from bag. A 

bag of charcoal cann

test site for greater 


erowe on DSK5CLS3C1PROD with CFR
324 

must be returned to a humidity and 

temperature controlled room from 72 

hours. The lighter material must be 

purchased, stored, weighed, and handled the same as the barbecue charcoal. 

(i) For the reference VOC emission 

tests using an electric probe, place a 

single layer of charcoal, slightly larger 

than the area/circle of the electric 

probe heating element, onto the grate. 

Place the heating element on top of 

this first layer and cover the heating 

element with the remaining charcoal 

briquettes. 

(ii) For the ignition VOC emissions 

tests, arrange the briquettes on the 

barbecue grate in the manner specified 

by the ignition manufacturer’s directions. If these manufacturer’s directions do not specify a stacking arrangement for the briquettes, randomly stack the briquettes in a pile 

using the stacking ring described in 

paragraph (f)(3)(ix) of this section. 

(2) Charcoal lighter material—or impregnated charcoal. Store, handle, 

weigh, and stack barbecue charcoal 

that is designed to be lit without the 

packaging, the same as in paragraph 

(h)(1) of this section. For those products which require both the package 

and charcoal be lit, weigh the whole 

package—do not remove charcoal. 

Weigh an empty package (not the same 

one to be used during the test). Subtract the package weight from the 

overall weight of the package and charcoal. The full package and empty package must be stored, handled, and 

weighed the same as in paragraph (h)(1) 

of this section. If the difference (the 

charcoal weight) is between 0.7 to 1.4 

kilograms (1.5 to 3.0 pounds), the test 

may proceed. The emissions measured 

(E) in Equation 5 of paragraph (k)(7) of 

this section must be adjusted to a 0.9 

kilogram (2-pound) charge. Place packaged barbecue charcoal on the grate in 

the manner specified by the manufacturer’s directions. 

(3) Initial meteorological and environmental criteria in paragraph (d) 

shall be complied with. 

(4) The stack velocity must be set before each day of testing at 140 ±9 meters per minute (450 ±30 feet per 

minute) by performing a velocity traverse as specified in paragraph (g)(1) of 

this section. The velocity will be attained by adjusting 

using a rheostat. 

(5) The fireplace sh

at the start of each 

pling tests by using 

the electric probe. I

over 60 minutes betw

runs occur, the cond

repeated. 

(6) Before each te

the continuous organ

itor by blocking the 

Allow the instrumen

the duration specifie

turer’s directions. S

parts per million ran

tery level and hydro

with hydrocarbon-fr

per million hydroca

span with 90 parts pe

in ultra pure air. Z

other instrument s

needed for test purpo

(7) Before the testi

establish a point of 

tion of organics in th

continuous organic 

and a grill with char

electric probe 40 mi

release of emissions

tinuous organic emis

verse data. 

(8) Prepare the int

pling equipment an

quired leak checks. F

nozzles housing two 

filters. Insert the p

into the sampling po

ple of the exhaust ga

average organic con

termined from the c

emissions monitor s

scribed in paragraph 

tion. Also, position 

that they point do

stack. Obtain the sam

and continuously ove

(9) Insert the c

emissions monitor p

pling port to draw a 

haust gas from the p

ganic concentratio

from the continuous 

monitor sample tra

paragraph (h)(7) of th

(i) Test procedure. 

tions, as defined in 

this section, shall be 

out the course of th


erowe on DSK5CLS3C1PROD with CFR
325 

where the directions are incompatible 

with this protocol, circumvent the intent of this protocol, or are unclear 

(subject to different interpretations) 

and inadequate, the Administrator 

must be informed in writing of the nature of the conflict, as well as the proposed resolution, prior to commencing 

testing. When the labeled directions for 

a charcoal lighter material do not fall 

within the testing guidelines of this 

protocol, the protocol may only be 

modified upon written approval of the 

Administrator. 

(1) Place the bottom of the barbecue 

grill on the floor of the fireplace, 5 centimeters (2 inches) from the rear wall. 

Ignite charcoal as specified by manufacturer’s labeled directions. 

(2) For electric probe ignition, carefully remove probe without disturbing 

charcoal after 10 minutes of operation. 

(3) For fluid ignition, simultaneously 

match light fluid on charcoal and fluid 

that has fallen to the bottom of the 

grill. 

(4) Place the grill temperature probe 

11 centimeters (4.5 inches) above the 

top of the charcoal immediately after 

the charcoal lighter material flame 

goes out, or before, if the lighter material does not flame. 

(5) Conduct at least six test runs for 

both the electric probe ignition and for 

the lighter material being evaluated. 

Alternate these lighter material for all 

12 runs. All runs must be conducted 

over 3 consecutive days or less. Alternatively, baseline emissions testing 

(using the electric probe) may be applied to other test runs provided the 

test runs occur within 4 months of the 

baseline testing. Integrated VOC sampling and continuous organic emissions 

monitoring begin for each test run 

when the charcoal lighter material 

and/or materials start to generate/release organics (this will be the time of 

pouring for lighter fluids and the time 

of ignition for most other ignition 

sources). Option: Because the manufacturer of treated or impregnated charcoal supplies both the lighter material 

and barbecue charcoal, they may apply 

the 9 grams VOC per start emission 

limit as an absolute value without an 

adjustment for the VOC emissions from 

an electric probe. 

(6) Sampling ends 

when all the follow

met: 

(i) The temperatu

(4.5 inches) above th

of the briquette pil

temperature probe 

graph (d)(3)(ii) of t

least 93 degrees Ce

Fahrenheit); 

(ii) The continuous 

monitor is reading 

million for at least 2 

(iii) The test samp

for 25 minutes (but n

(iv) The charcoal s

covered with ash (

with photograph on 

above the horizon). 

(7) During the sa

temperatures (exclu

continuous organic 

readings shall be r

comply with the req

graph (b) of this s

wind speed, and am

readings shall be m

comply with the req

graph (b) of this sect

(8) Collect one bla

and one ambient air 

run of each day pe

this section. 

(j) Post-run procedu

peratures (including 

ity, wind speed, and 

emissions monitor re

(2) Record the dr

span gases. Leak ch

continuous organic 

as described in para

section for the next r

(3) Leak check an

integrated VOC sam

described in Method 

60, appendix A or SC

(incorporated by ref

of this subpart), or e

(4) Thoroughly cle

all residue before con

tion run. 

(k) Calculations. Ca

carried out to at le

digit beyond that of 

and then rounded o

culation to two sig

each run. All round

should be in accorda

ican Society for Tes


erowe on DSK5CLS3C1PROD with CFR
326 

(ASTM) E 380–93, Standard Practice for 

Use of the SI International System of 

Units, procedures (incorporated by reference—see §59.213 of this subpart). 

(1) Calculate the average stack reference point temperature during sampling (tsr). 

(2) Calculate the average measured 

velocities (in meters per minute [feet 

per minute]): Traverse (ut), traverse 

reference point (utr), and reference 

point during sampling (usr). 

(3) Calculate the corrected average 

sampling velocity (us) by applying 

Equation 2: 

u u

u

u s sr Equation t

tr

= 2

(4) Calculate the average flow rate 

(Qs) in cubic meters per minute (cubic 

feet per minute) by applying Equation 

3: 

Q u A Equation s s = 3

Where 

A=Duct cross-sectional area, (square meters 

[square feet] 

(5) Correct the flow rate to dry standard conditions (Qds) by applying Equation 4. Assume the static pressure to be 

atmospheric and the molar density correction factor to be 1.0 

Q

T

T t

H Q Equation ds

s

S sr

s =

( ) +

( ) 1 4 −

Where 

Ts=289 K (520 R) 

TS=273 K (460 R) 

H=Percent moisture-100 

=0.02 

(6) Calculate the average total gaseous non-methane organic carbon for 

each duplicate sample run analyzed. 

(7) Calculate the grams (pounds) of 

VOC as CH2 emitted per start (normalized to 0.9 kilograms [2 pounds] of charcoal) for each run using Equation 5: 

E A

B

C D d N

M = ∗ ∗ ∗∗ Q Equation ds 10

5 6

Where 

E=Emissions of VOC p

run (grams VOC/start 

A=Hydrocarbon molecu

=14.0268 grams per gram

per pound-mole) 

B=Carbon number 

=1 

C=Average concentrati

run of total gaseous 

compounds as CO2 (pa

lab analysis sheet) 

D=Sampling duration 

=25 minutes 

d=Molar density of ga

tions 

=42.33 gram-mole per 

pound-mole per cubic 

N=Normalized mass 

pounds]) 

M=Mass of charge (kilo

(8) Calculate the a

sions for each lighte

Identify and di

outliers. Note a min

results are required 

tion. This procedure 

outlier may only be 

each lighter materia

(9) Using Equatio

resultant VOC emiss

and determine if it is 

to the 9 grams VOC 

limit. 

E e e E 

r i ep b =− + 

Where 

ei=Average emissions o

the charcoal lighter 

ated (grams VOC/star

expressed as CH2) 

eep=Average reference 

start from the igniti

(grams VOC/start [p

pressed as CH2) 

=0 grams VOC/start 

for treated or impregn

Eb=Standard baseline 

start from the igniti

(expressed as CH2) 

=0 grams VOC/start 

for treated or impregn

=3.6 grams VOC/star

start) for all other c

rial 

(l) Recordkeeping. A 

lowing charcoal ligh

pliance test informa

for at least 5 years: 

(1) Real time tem

tinuous organic e


erowe on DSK5CLS3C1PROD with CFR
327 

readings from continuous chart recorder and/or manual reading of temperatures and the continuous organic 

emissions monitor output. 

(2) A description of quality assurance/quality control (QA/QC) procedures followed for all measuring equipment and calibration test data. 

(3) A description of QA/QC procedures 

followed for all sampling and analysis 

equipment and calibration test data. 

(4) Time and quantity of blanks and 

ambient air samples. 

(5) Chain of custody for samples. 

(6) Labeled directions. 

(7) Field notes and data sheets. 

(8) Calculation/averaging sheets/ 

printouts. 

(9) Sample (in its normal package 

from the same lot) of barbecue charcoal and lighter material used for testing. 

(10) Formulation of lighter material 

tested (indicate if the information is to 

be handled confidentially). 

(11) Photographs documenting charcoal surface ash coverage. 

(m) Quality Assurance/Quality Control 

(QA/QC) Requirements. The QA/QC 

guidelines in the EPA’s Quality Assistance Handbook (EPA 600.4–77–027b) 

shall be followed. In addition, the following procedures shall be used: 

(1) A blank sample for VOC shall be 

performed once each day, during the 

start period of one of the lighter materials, using the integrated VOC sampling apparatus. 

(2) An ambient air sample for VOC 

shall be taken once each day, during 

the start period of one of the lighter 

materials, using the integrated VOC 

sampling apparatus with NuproD 2 micron filters. 

(3) Traceability certificates shall be 

provided for all calibration gases used 

for the continuous organic emissions 

monitor and integrated VOC analysis. 

(4) Grill temperature probe shall be 

calibrated using the procedures in 

ASTM Method E220–86 (incorporated by 

reference as specified in United States 

§59.213). 

(5) Supply documentation for place of 

purchase ( or origin if experimental) 

and chain of custody for lighter material tested. Documentation to be included for both treated and impregnated charcoal. 

(6) Supply documen

purchase and chain 

treated charcoal. 

[63 FR 48815, Sept. 11, 1

30, 1998] 

§ 59.209 Recordkeep

requirements. 

(a) The distributor 

the product label s

records specified in 

and (a)(2) of this s

manufacturer or im

mitted to the Admin

certification that th

importer will maint

the distributor in 

paragraph (a)(3) of 

distributor is named 

manufacturer or im

tain the specified re

must be retained fo

and must be in a 

readily available for 

view. 

(1) Records or f

manufactured or im

December 10, 1998 

products subject to 

cember 10, 1999 for a

ucts subject to §59.20

(2) Accurate record

production, starting 

1998 for all consume

to §59.203(a) or Decem

consumer produc

§59.203(c), of the w

chemical compositio

product constituents

(3) By providing th

cation to the Admin

fying manufacturer 

bility for complianc

keeping requiremen

(a)(1) and (a)(2) of th

spect to any produc

written certification

tain the required rec

enforcement action b

the certifying manu

ance with the enfor

applicable to violati

sions by regulated e

fying manufacturer 

written certification 

ten statement to 

and the regulated en

90 days notice that t

ufacturer is rescind


erowe on DSK5CLS3C1PROD with CFR
328 

responsibility for compliance with the 

recordkeeping requirements listed in 

this paragraph. Upon expiration of the 

notice period, the regulated entity 

must assume responsibility for maintaining the records specified in this 

paragraph. Written certifications and 

revocation statements, to the Administrator from the certifying manufacturer shall be signed by the responsible 

official of the certifying manufacturer, 

provide the name and address of the 

certifying manufacturer, and be sent to 

the appropriate EPA Regional Office at 

the addresses listed in §59.210 of this 

subpart. Such written certifications 

are not transferable by the manufacturer. 

(b) If requested by the Administrator, 

product VOC content must be demonstrated to the Administrator’s satisfaction to comply with the VOC content limits presented in §59.203(a). 

(c) Each manufacturer or importer 

subject to the provisions of §59.203(d) 

shall maintain records specified in either paragraph (c)(1) or (c)(2) of this 

section for each charcoal lighter material. 

(1) Test report from each certification test performed as specified in 

§59.208(b) and all information and data 

specified in §59.208(l); or 

(2) Records of emission testing, which 

was performed by a method determined 

by the Administrator to be an acceptable alternative to that described in 

§59.208, previously submitted to a State 

or local regulatory agency. 

(d) The distributor that is named on 

the product label, or if no distributor is 

named on the label, the manufacturer 

or importer, shall submit by the applicable compliance date, or within 30 

days after becoming a regulated entity, 

a one-time Initial Notification Report 

including the information specified in 

paragraphs (d)(1) through (d)(5) of this 

section. 

(1) Company name; 

(2) Name, title, phone number, address, and signature or certifying company official; 

(3) A list of product categories and 

subcategories subject to §59.203 for 

which the company is currently the 

regulated entity; 

(4) A description of date coding systems, clearly explaining how the date 

of manufacture is ma

unit of subject consu

(5) The name and l

ignated recordkeepi

records specified in 

and (a)(2) are to be 

manufacturer. 

(e) If a regulated 

date coding system 

to paragraph (d)(4) o

regulated entity sh

ministrator of such 

days following the ch

(f) If requested by 

the following info

made available with

ceiving the request: 

(1) Location of fac

turing, importing, o

ject consumer produ

(2) A list of produ

subcategories, as fou

2 of this subpart, t

tured, imported, or d

facility; and 

(3) Location wh

records are kept for 

sumer product. 

(g) Each manufac

subject to the innov

visions in §49.204 sha

tions as indicated in 

§ 59.210 Addresses o

fices. 

All requests, repor

other communicatio

trator pursuant to th

be submitted to the 

the EPA which serve

ritory in which th

quarters of the reg

sides. These areas a

following list of EPA 

EPA Region I (Connec

chusetts, New Hamp

Vermont), Director, 

Protection, J.F.K. F

ton, MA 02203–2211. 

EPA Region II (New Jer

to Rico, Virgin Island

of Environmental P

tion, 290 Broadway, N

EPA Region III (Delaw

lumbia, Maryland, Pe

West Virginia), Dire

and Toxics Division, 8

Philadelphia, PA 1910

EPA Region IV (Alaba

Kentucky, Mississip

South Carolina, Tenn


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Pesticides, and Toxics Management Division, 61 Forsyth Street, Atlanta, GA 30303. 

EPA Region V (Illinois, Indiana, Michigan, 

Minnesota, Ohio, Wisconsin), Director, Air 

and Radiation Division, 77 West Jackson 

Blvd., Chicago, IL 60604–3507. 

EPA Region VI (Arkansas, Louisiana, New 

Mexico, Oklahoma, Texas), Director, 

Multimedia Planning and Permitting Division, 1445 Ross Avenue, Dallas, TX 75202– 

2733. 

EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA, and Toxics 

Division, 726 Minnesota Avenue, Kansas 

City, KS 66101. 

EPA Region VIII (Colorado, Montana, North 

Dakota, South Dakota, Utah, Wyoming), 

Director, Office of Pollution Prevention, 

State, and Tribal Assistance, 999 18th 

Street, Suite 500, Denver, Colorado 80202– 

2466. 

EPA Region IX (American Samoa, Arizona, 

California, Guam, Hawaii, Nevada) Director, Air Divisions, 75 Hawthorne Street, 

San Francisco, CA 94105. 

EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Office of Air Quality, 

1200 Sixth Avenue, Seattle, WA 98101. 

§ 59.211 State authority. 

(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] 

§ 59.212 Circumvention. 

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 datecoding information, altering the percent VOC content of a product batch, 

or altering the results of any required 

performance tests. 

§ 59.213 Incorporations by reference. 

(a) The materials listed in this section are incorporated by reference in 

the paragraphs noted in §59.207. These 

incorporations by r

proved by the Direc

Register in accorda

552(a) and 1 CFR pa

rials are incorporate

the date of the appr

any changes in thes

published in the F

The materials are 

chase at the corres

noted below, and al

inspection at the A

Docket and Informa

EPA, 401 M St., SW

20460, the EPA Libr

EPA, Research Tr

27711, or at the Nat

Records Administra

information on the 

material at NARA, c

go to: http

federallregister/ 

codeloflfederallreg

ibrllocations.html. 

(b) The materials 

available for purch

one of the following 

ican Society for Tes

(ASTM), 1916 Race 

phia, PA, 19103; SCA

Services, P.O. Box 

Drive, Diamond Bar

University Microfil

300 North Zeeb Roa

48106. 

(1) ASTM Method 

Method for 

Thermocouples by C

niques, incorporati

(IBR) approved for §5

(2) ASTM Metho

Practice, IBR approv

(3) SCAQMD Meth

Determination of T

Methane Organic Em

(amended February 

proved for §59.208(g)(

[63 FR 48831, Sept. 11, 1

FR 18803, Apr. 9, 2004] 

§ 59.214 Availability 

and confidentiali

(a) Availability of 

cific reports or recor

subpart are not avai

The Administrator w

provide information 

ance status of a pr

entity. 


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(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. 

TABLE 1 TO SUBPART C—VOC CONTENT

LIMITS BY PRODUCT CATEGORY

Product category 

VOC content 

limit (weightpercent VOC) 

Air fresheners: 

Single-phase ................................... 70 

Double-phase .................................. 30 

Liquids/pump sprays ....................... 18 

Solids/gels ....................................... 3 

Automotive windshield washer fluid .............. 35 

Bathroom and tile cleaners: 

Aerosols .......................................... 7 

All other forms ................................. 5 

Carburetor and choke cleaners ..................... 75 

Cooking sprays—aerosol ................ 18 

Dusting aids: 

Aerosols .......................................... 35 

All other forms ................................. 7 

Engine degreasers ........................................ 75 

Fabric protectants .......................................... 75 

Floor polishes/waxes: 

Products for flexible flooring materials .............................................. 7 

Products for nonresilient flooring .... 10 

Wood floor wax ............................... 90 

Furniture maintenance products-aerosol ....... 25 

General purpose cleaners ............................. 10 

Glass cleaners: 

Aerosols .......................................... 12 

All other forms ................................. 8 

Hairsprays ...................................................... 80 

Hair mousses ................................................. 16 

Hair Styling gels ............................................ 6 

Product category 

Household adhesives: 

Aerosols .....................

Contact .......................

Construction and panel 

General purpose ........

Structural waterproof ..

Insecticides: 

Crawling bug ..............

Flea and tick ...............

Flying bug ...................

Foggers ......................

Lawn and Garden ......

Laundry prewash: 

Aerosols/solids ...........

All other forms ............

Laundry starch products ...........

Nail polish removers .................

Oven cleaners: 

Aerosols/pump ...........

Liquids ........................

Shaving creams ........................

TABLE 2 TO SUBPAR

TENT LIMITS FO

ODORANTS AND 

PERSPIRANTS

Product category 

Underarm antiperspirants—aero

Underarm deodorants—aerosol 

1 High-volatility organic comp

vapor pressure greater than 80 

degrees Celsius. 


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APPENDIX A TO SUBPART C OF PART 59—FIGURE


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