313 

Environmental Protection Agency § 59.201 

operation of a facility for manufacturing an automobile refinish coating 

component. 

§ 59.109 Circumvention. 

Each manufacturer and importer of 

any automobile refinish coating or 

component subject to the provisions of 

this subpart must not alter, destroy, or 

falsify any record or report, to conceal 

what would otherwise be noncompliance with this subpart. Such concealment includes, but is not limited to, refusing to provide the Administrator access to all required records and datecoding information, altering the VOC 

content of a coating or component 

batch, or altering the results of any required tests to determine VOC content. 

§ 59.110 Incorporations by Reference. 

(a) The following material is incorporated by reference in the paragraphs 

noted in §59.104. These incorporations 

by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. These materials are incorporated as they exist on the date of the 

approval, and notice of any changes in 

these materials will be published in the 

FEDERAL REGISTER. 

(1) ASTM D 1613–96, Standard Test 

Method for Acidity in Volatile Solvents and Chemical Intermediates Used 

in Paint, Varnish, Lacquer, and Related Products, IBR approved for 

§59.104(d). 

(2) ASTM D 523–89, Standard Test 

Method for Specular Gloss, IBR approved for §59.104(e). 

(b) The materials are available for inspection at the Air and Radiation 

Docket and Information Center, U.S. 

EPA, 401 M St., SW., Washington, DC; 

and at the EPA Library (MD–35), U.S. 

EPA, Research Triangle Park, North 

Carolina, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call 202–741– 

6030, or go to: http://www.archives.gov/ 

federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. The materials are 

available for purchase from the following address: American Society for 

Testing and Materials (ASTM), 100 

Barr Harbor Drive, West 

Conshohocken, PA, 19428, telephone 

number (610) 832–9500. 

[64 FR 48815, Sept. 11, 1998, as amended at 69 

FR 18803, Apr. 9, 2004] 

§ 59.111 Availability of information 

and confidentiality. 

(a) Availability of information. The 

availability to the public of information provided to or otherwise obtained 

by the Administrator under this part 

shall be governed by part 2 of this 

chapter. 

(b) Confidentiality. All confidential 

business information entitled to protection under section 114(c) of the Act 

that must be submitted or maintained 

by each regulated entity pursuant to 

this section shall be treated in accordance with 40 CFR part 2, subpart B. 

TABLE 1 TO SUBPART B OF PART 59— 

VOLATILE ORGANIC COMPOUND (VOC) 

CONTENT LIMITS FOR AUTOMOBILE

REFINISH COATINGS

Coating category 

Grams 

VOC per 

liter 

Pounds 

VOC per 

gallon a

Pretreatment wash primers ........... 780 6.5 

Primers/primer surfacers ............... 580 4.8 

Primer sealers ............................... 550 4.6 

Single/two-stage topcoats ............. 600 5.0 

Topcoats of more than two stages 630 5.2 

Multi-colored topcoats ................... 680 5.7 

Specialty coatings ......................... 840 7.0 

aEnglish units are provided for information only. Compliance will be determined based on the VOC content limit, as 

expressed 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 

314 

§ 59.202 40 CFR Ch. I (7–1–12 Edition) 

the volatile organic compounds (VOC) 

content or emission limits in §49.203, 

regardless of whether the manufacturer 

or importer is named on the label or 

not. The distributor, if named on the 

label, is the regulated entity for purposes of compliance with all sections of 

this part except for §59.203. Distributors whose names do not appear on the 

label are not regulated entities. If no 

distributor is named on the label, then 

the manufacturer or importer is responsible for compliance with all sections of this part. 

(c) The provisions of this subpart do 

not apply to consumer products that 

meet the criteria specified in paragraph (c)(1) through (c)(7) of this section. 

(1) Any consumer product manufacturer in the United States for shipment 

and use outside of the United States. 

(2) Insecticides and air fresheners 

containing at least 98-percent 

paradichlorobenzene or at least 98-percent naphthalene. 

(3) Adhesives sold in containers of 

0.03 liter (1 ounce) or less. 

(4) Bait station insecticides. For the 

purpose of this subpart, bait station insecticides are containers enclosing an 

insecticidal bait that does not weigh 

more than 14 grams (0.5 ounce), where 

bait is designed to be ingested by insects and is composed of solid material 

feeding stimulants with less than 5-percent by weight active ingredients. 

(5) Air fresheners whose VOC constituents, as defined in §§59.202 and 

59.203(f), consist of 100-percent fragrance. 

(6) Non-aerosol moth proofing products that are principally for the protection of fabric from damage by moths 

and other fabric pests in adult, juvenile, or larval forms. 

(7) Flooring seam sealers used to join 

or fill the seam between two adjoining 

pieces of flexible sheet flooring. 

§ 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 product is an air freshener, all verbal and visual representations regarding product use on the 

label or packaging and in the product’s 

literature and advertising may be considered. The presence of, and representations about, a product’s fragrance 

and ability to deodorize (resulting from 

315 

Environmental Protection Agency § 59.202 

surface application) shall not constitute a claim of air freshening. 

All other forms means all consumer 

product forms for which no form-specific VOC standard is specified. Unless 

specified otherwise by the applicable 

VOC standard, ‘‘all other forms’’ include, but are not limited to, solids,liquids, wicks, powders, crystals, 

and cloth or paper wipes (towelettes). 

Automotive windshield washer fluid 

means any liquid designed for use in a 

motor vehicle windshield washer system either as an antifreeze or for the 

purpose of cleaning, washing, or wetting the windshield. ‘‘Automotive 

windshield washer fluid’’ does not include fluids placed by the manufacturer in a new vehicle. 

Bathroom and tile cleaner means a 

product designed to clean tile or surfaces in bathrooms. ‘‘Bathroom and 

tile cleaner’’ does not include products 

specifically designed to clean toilet 

bowls or toilet tanks. 

Carburetor and choke cleaner means a 

product designed to remove dirt and 

other contaminants from a carburetor 

or choke. ‘‘Carburetor and choke cleaner’’ does not include products designed 

to be introduced directly into the fuel 

lines or fuel storage tank prior to introduction into the carburetor, or solvent use regulated under 40 CFR part 

63, subpart T (halogenated solvent national emission standards for hazardous air pollutants (NESHAP)). 

Charcoal lighter material means any 

combustible material designed to be 

applied on, incorporated in, added to, 

or used with charcoal to enhance ignition. ‘‘Charcoal lighter material’’ does 

not include any of the following: 

(1) Electrical starters and probes; 

(2) Metallic cylinders using paper tinder; 

(3) Natural gas; and 

(4) Propane. 

Construction and panel adhesive means 

any one-component household adhesive 

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 purposes of resale or 

distribution in commerce. 

Double-phase aerosol air freshener 

means an aerosol air freshener with 

liquid contents in two or more distinct 

phases that requires the product container to be shaken before use to mix 

the phases, producing an emulsion. 

Dusting aid means a product designed 

to assist in removing dust and other 

316 

§ 59.202 40 CFR Ch. I (7–1–12 Edition) 

soils from floors and other surfaces 

without leaving a wax or silicone-based 

coating. ‘‘Dusting aid’’ does not include products that consist entirely of 

compressed gases for use in electronic 

or other specialty areas. 

Engine degreaser means a cleaning 

product designed to remove grease, 

grime, oil, and other contaminants 

from the external surfaces of engines 

and other mechanical parts. ‘‘Engine 

degreaser’’ does not include any solvent used in parts washing equipment, 

or any solvent use regulated under 40 

CFR part 63, subpart T (halogenated 

solvent NESHAP). 

Fabric protectant means a product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or 

to reduce absorption of water into the 

fabric’s fibers. ‘‘Fabric protectant’’ 

does not include silicone-based products whose function is to provide water 

repellency, or products designed for use 

solely on fabrics that are labeled ‘‘dry 

clean only.’’ 

Flea and tick insecticide means any insecticide product that is designed for 

use against fleas, ticks, and their larvae, or their eggs. ‘‘Flea and tick insecticide’’ does not include products that 

are designed to be used exclusively on 

humans or animals or their bedding. 

Flexible flooring material means asphalt, cork, linoleum, no-wax, rubber, 

seamless vinyl, and vinyl composite 

flooring. 

Floor polish or wax means a wax, polish, or any other product designed to 

polish, protect, or enhance floor surfaces by leaving a protective coating 

that is designed to be periodically replenished. ‘‘Floor polish or wax’’ does 

not include ‘‘spray buff products,’’ 

products designed solely for the purpose of cleaning floors, floor finish 

strippers, products designed for unfinished wood floors, and coatings subject 

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 products designed 

solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment, and photocopying machines. 

Hair mousse means a hairstyling foam 

designed to facilitate styling of a 

coiffure and provide limited holding 

power. 

317 

Environmental Protection Agency § 59.202 

Hair styling gel means a high-viscosity, often gelatinous product that 

contains a resin and is designed for the 

application to hair to aid in styling 

and sculpting of the hair coiffure. 

Hairspray means a consumer product 

designed primarily for the purpose of 

dispensing droplets of a resin on and 

into a hair coiffure to impart sufficient 

rigidity to the coiffure to establish or 

retain the style for a period of time. 

High-volatility organic compound or 

HVOC means any organic compound 

that exerts a vapor pressure greater 

than 80 millimeters of mercury when 

measured at 20 degrees Celsius. 

Household adhesive means any household product that is used to bond one 

surface to another by attachment. 

‘‘Household adhesive’’ does not include 

products used on humans or animals, 

adhesive tape, contact paper, wallpaper 

shelf liners, or any other product with 

an adhesive incorporated onto or in an 

inert substrate. 

Household product means any consumer product that is primarily designed to be used inside or outside of 

living quarters or residences, including 

the immediate surroundings, that are 

occupied or intended for occupation by 

individuals. 

Household use means use of a product 

in a home or its immediate environment. 

Importer means any person who 

brings a consumer product that was 

manufactured, filled, or packaged at a 

location outside of the United States 

into the United States for sale or distribution in the United States. 

Industrial use means use for, or in, a 

manufacturing, mining, or chemical 

process or use in the operation of factories, processing plants, and similar 

sites. 

Insecticide means a pesticide product 

that is designed for use against insects 

or other arthropods, excluding any 

product that is: 

(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 detergents and/or 

provides specialized performance. 

Laundry starch product means a product that is designed for application to 

a fabric, either during or after laundering, to impart and prolong a crisp 

look and may also facilitate ironing of 

the fabric. ‘‘Laundry starch product’’ 

318 

§ 59.202 40 CFR Ch. I (7–1–12 Edition) 

includes, but it not limited to, fabric 

finish, sizing, and starch. 

Lawn and garden insecticide means an 

insecticide product designed primarily 

to be used in household lawn and garden areas to protect plants from insects or other arthropods. 

Liquid means a substance or mixture 

of substances that flows readily, but, 

unlike a gas, does not expand indefinitely (i.e., a substance with constant 

volume but not constant shape). ‘‘Liquid’’ does not include powders or other 

materials that are composed entirely 

of solid particles. 

Manufacturer means any person who 

manufacturers or processes a consumer 

product. Manufacturers include: 

(1) Processors who blend and mix 

consumer products, 

(2) Contract fillers who develop formulas and package these formulas 

under a distributor’s label; 

(3) Contract fillers who manufacture 

products using formulas provided by a 

distributor; and 

(4) Distributors who specify formulas 

to be used by a contract filler or processor. 

Nail polish remover means a product 

designed to remove nail polish or coatings from fingernails or toenails. 

Nonagricultural pesticide means and 

includes any substance or mixture of 

substances that is a pesticide as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide 

Act (7 U.S.C. 136–136y). 

Nonresilient flooring means floor of a 

mineral content that is not flexible. 

‘‘Nonresilient flooring’’ includes, but is 

not limited to, terrazzo, marble, slate, 

granite, brick, stone, ceramic tile, and 

concrete. 

Oven cleaner means any cleaning 

product designed to clean and to remove dried food deposits from oven interiors. 

Person means an individual corporation, partnership, association, State, 

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 means a product 

designed to restore a worn floor finish 

in conjunction with a floor buffing machine and special pad. 

Structural waterproof adhesive means 

an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that 

conforms with Federal Specification 

MMM-A-181 (Type 1, Grade A), and 

319 

Environmental Protection Agency § 59.203 

MIL-A-4605 (Type A, Grade A and 

Grade C). 

Underarm antiperspirant means any 

aerosol product that is intended by the 

manufacturer to be used to reduce perspiration in the human axilla by at 

least 20 percent in at least 50 percent of 

a target population. 

Underarm deodorant means any aerosol product that is intended by the 

manufacturer to be used minimize odor 

in the human axilla by retarding the 

growth of bacteria that cause the decomposition of perspiration. 

United States means the United 

States of America, including the District of Columbia, the Commonwealth 

of Puerto Rico, the Virgin Islands, 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 

Usage directions means the text or 

graphics on the consumer product’s 

label or accompanying literature that 

describes to the end user how and in 

what quantity the product is to be 

used. 

Volatile organic compound or VOC 

means any compound that meets the 

definition of a VOC, as defined under 40 

CFR part 51, subpart F, and in subsequent amendments. 

Wasp and hornet insecticide means any 

insecticide product that is designed for 

use against wasps, hornets, yellow 

jackets, or bees by allowing the user to 

spray a high-volume directed stream or 

burst from a safe distance at the intended pest or its hiding place. 

Wax means an organic mixture or 

compound with low melting point and 

high molecular weight, which is solid 

at room temperature. Waxes are generally similar in composition to fats 

and oils except that they contain no 

glycerides. ‘‘Wax’’ includes, but is not 

limited to, substances such as carnauba wax, lanolin, and beeswax derived from the secretions of plants and 

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 of charcoal that 

was used in the testing protocol specified in §59.208 for that product unless 

the provisions in either paragraph 

(e)(2)(i) or (e)(2)(ii) of this section 

apply. 

(i) The charcoal lighter material is 

intended to be used in fixed amounts 

independent of the amount of charcoal 

used, such as paraffin cubes; or 

320 

§ 59.204 40 CFR Ch. I (7–1–12 Edition) 

(ii) The charcoal lighter material is 

already incorporated into the charcoal, 

such as certain ‘‘bag light,’’ ‘‘instant 

light,’’ or ‘‘match light’’ products. 

(3) Records of emission testing results for all charcoal lighter materials 

must be made available upon request 

to the Administrator for enforcement 

purposes within 30 days of receipt of 

such requests. 

(4) If a manufacturer or importer has 

submitted records of emission testing 

of a charcoal lighter material to a 

State or local regulatory agency, such 

existing records may be submitted 

under paragraph (d)(3) of this section in 

lieu of new test data, provided the 

product formulation is unchanged from 

that which was previously tested. Such 

previous testing must have been conducted in accordance with the test protocol described in §59.208 or a test protocol that is approved by the Administrator as an alternate. 

(e) Fragrances incorporated into a 

consumer product up to a combined 

level of 2 weight-percent shall not be 

included in the weight-percent VOC 

calculation. 

(f) The VOC content limits in table 1 

of this subpart shall not include any 

VOC that: 

(1) Has a vapor pressure of less than 

0.1 millimeters of mercury at 20 degrees Celsius; or 

(2) Consists of more than 12 carbon 

atoms, if the vapor pressure is unknown; or 

(3) Has a melting point higher than 20 

degrees Celsius and does not sublime 

(i.e., does not change directly from a 

solid into a gas without melting), if the 

vapor pressure is unknown. 

(g) The requirements of paragraph (a) 

of this Section shall not apply to those 

VOC in antiperspirants or deodorants 

that contain more than 10 carbon 

atoms per molecule and for which the 

vapor pressure is unknown, or that 

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 content of the noncomplying product in its current formulation. 

(b) If a regulated entity demonstrates 

to the satisfaction of the Administrator that the equation in paragraph 

(a)(2) of the this section yields inaccurate results due to some characteristic of the product formulation 

or other factors, an alternate method 


ER11SE98.002</GPH>
321 

Environmental Protection Agency § 59.204 

that accurately calculates emissions 

may be used upon approval of the Administrator. 

(c) A regulated entity shall notify 

the Administrator in writing of its intent to enter into the market an innovative product meeting the requirements of paragraph (a) of this section. 

The Administrator must receive the 

written notification by the time the innovative product is available for sale 

or distribution to consumers. Notification shall include the information 

specified in paragraph (c)(1) and (c)(2) 

of this section. 

(1) Supporting documentation that 

demonstrates the emissions from the 

innovate product, including the actual 

physical test methods used to generate 

the data and, if necessary, the consumer testing undertaken to document 

product usage; 

(2) Any information necessary to enable the Administrator to establish enforceable conditions for the innovative 

product, including the VOC content of 

the innovative product expressed as a 

weight-percentage, and test methods 

for determining the VOC content. 

(d) At the option of the regulated entity, the regulated entity may submit 

a written request for the Administrator’s written concurrence that the innovative product fulfills the requirements of paragraph (a) of this section. 

If such a request is made, the Administrator will respond as specified in paragraphs (d)(1) through (d)(3) of this section. 

(1) The Administrator will determine 

within 30 days of receipt whether the 

documentation submitted in accordance with paragraph (d) of this section 

is complete. 

(2) The Administrator will determine 

whether the innovative product shall 

be exempt from the requirements of 

§59.203(a) within 90 days after an application has been deemed complete. The 

applicant and the Administrator may 

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 the product category shall no longer apply unless the 

innovative product has been demonstrated to have VOC emissions less 

than the applicable revised VOC content limits. 

(h) If the Administrator determines 

that a consumer product for which an 

exemption has been granted no longer 

322 

§ 59.205 40 CFR Ch. I (7–1–12 Edition) 

meets the VOC emissions criteria specified in paragraph (a) of this section for 

an innovative product, the Administrator may modify or revoke the exemption as necessary to assure that 

the product will meet these criteria. 

The Administrator will not modify or 

revoke an exemption without first affording the applicant an opportunity 

for a public hearing to determine if the 

exemption should be modified or revoked. 

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

30, 1998] 

§ 59.205 Labeling. 

(a) The container or package of each 

consumer product that is subject to 

this subpart shall clearly display the 

day, month, and year on which the 

product was manufactured, or a code 

indicating such date. The requirements 

of this provision shall not apply to 

products that are offered to consumers 

free of charge for the purposes of sampling the product. 

(b) In addition, the container or 

package for each charcoal lighter material that is subject to this subpart 

shall be labeled according to the provisions of §59.203(d)(2). 

§ 59.206 Variances. 

(a) Any regulated entity who cannot 

comply with the requirements of this 

subpart because of extraordinary circumstances beyond reasonable control 

may apply in writing to the Administrator for a variance. The variance application shall include the information 

specified in paragraph (a)(1) through 

(a)(3) of this section. 

(1) The specific grounds up on which 

the variance is sought, 

(2) The proposed date(s) by which 

compliance with the provisions of this 

subpart will be achieved. Such date(s) 

shall be no later than 5 years after the 

issuance of a variance; and 

(3) A compliance plan detailing the 

method(s) by which compliance will be 

achieved. 

(b) Upon receipt of a variance application containing the information required in paragraph (a) of this section, 

the Administrator will publish a notice 

of such application in the FEDERAL

REGISTER and, if requested by any 

party, will hold a public hearing to determine whether, under what conditions, and to what extent, a variance 

from the requirements of this subpart 

is necessary and will be granted. If requested, a hearing will be held no later 

than 75 days after receipt of a variance 

application. Notice of the time and 

place of the hearing will be sent to the 

applicant by certified mail not less 

than 30 days prior to the hearing. At 

least 30 days prior to the hearing, the 

variance application will be made 

available to the public for inspection. 

Information submitted to the Administrator by a variance applicant may be 

claimed as confidential. The Administrator may consider such confidential 

information in reaching a decision on a 

variance application. Interested members of the public will be allowed a reasonable opportunity to testify at the 

hearing. 

(c) The Administrator will grant a 

variance if the criteria specified in 

paragraphs (c)(1) and (c)(2) of this section are met. 

(1) If there are circumstances beyond 

the reasonable control of the applicant 

so that complying with the provisions 

of this subpart by the compliance date 

would not be technologically or 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 the procedures described in paragraph (b) of this section. 

§ 59.207 Test methods. 

Each manufacturer or importer subject to the provisions of §59.203(a) shall 

demonstrate compliance with the requirements of this subpart through calculation of the VOC content using 

323 

Environmental Protection Agency § 59.208 

records of the amounts of constituents 

used to manufacture the product. 

§ 59.208 Charcoal lighter material testing protocol. 

(a) Each manufacturer or importer of 

charcoal lighter material subject to 

this subpart shall demonstrate compliance with the applicable requirements 

of §59.203(d) using the procedures specified in this section. Any lighter material that has received certification 

from California South Coast Air Quality Management District (SCAQMD) 

under their Rule 1174, Ignition Method 

Compliance Certification Testing Protocol, will be considered as having 

demonstrated compliance with the applicable requirements of this subpart 

using the procedures in this section. 

(b) The manufacturer or importer 

shall obtain from the testing laboratory conducting the testing, a report of 

findings, including all raw data sheets/ 

charts and laboratory analytical data. 

The testing must demonstrate that 

VOC emissions resulting from the ignition of the barbecue charcoal are, on 

average, less than or equal to 9 grams 

per start. The manufacturer or importer shall maintain the report of 

findings. 

(c) When a charcoal lighter material 

does not fall within the testing guidelines of this protocol, the protocol may 

be modified following a determination 

by the Administrator that the modified 

protocol is an acceptable alternative to 

the method described in this section 

and written approval of the Administrator. 

(d) Meteorological and environmental 

criteria. (1) Testing shall be conducted 

under the following conditions: 

(i) Inlet combustion air temperature 

is 16 to 27 degrees Celsius (60 to 80 degrees Fahrenheit) with a relative humidity of 20 to 80 percent; 

(ii) The charcoal and lighter material 

are stored 72 hours before testing in a 

location with a relative humidity between 45 and 65 percent, and a temperature between 18 and 24 degrees Celsuis 

(65 to 75 degrees Fahrenheit); and 

(iii) The outside wind speed, including gusts, may be no more than 16 kilometers per hour (10 miles per hour) if 

the test stack is exhausted outdoors, 

or, if the test stack is exhausted indoors, indoor air must be stagnant. 

(2) Temperature and relative humidity of the 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 from the ignition of 

charcoal by the lighter material undergoing evaluation, including both charcoal and lighter material emissions. 

(6) labeled directions means those directions affixed to the charcoal lighter 

material which specify: 

324 

§ 59.208 40 CFR Ch. I (7–1–12 Edition) 

1 NOTE: Mention of trade names or specific 

products does not constitute endorsement by 

the EPA. 

(1) The amount of lighter material to 

use per kilogram (or pound) of charcoal, unless the lighter material is already impregnated or treated in the 

charcoal; 

(2) How to use or apply the lighter 

material; and 

(3) How and when to light the lighter 

material. 

(7) Percent ash means a qualitative 

observation of the ratio of visible charcoal surface area ignited (grayish/white 

ash) to total charcoal surface area 

times 100. 

(8) Reference VOC emissions (Eep)— 

means the grams (pounds) per start of 

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

(9) Resultant VOC emissions (Er)— 

means the ignition VOC emission (EI) 

less the reference VOC emissions (Eep) 

plus baseline emissions (Eb). 

(10) Start means a 25-minute period 

commencing from the instant that 

emissions may be released from the 

lighter material, either by evaporation 

or combustion, and further characterized such that by the end of said 25- 

minute period, ignition is achieved. 

(f) Test structure, equipment specifications, and reference materials. (1) The 

test structure is to be located in a 

building or fabricated total enclosure 

(i.e., with enclosed sides and top). The 

enclosure shall be such that there are 

no constant or intermittent air flows 

within it that cause fluctuations in the 

stack velocity and/or disruptions of air 

flow patterns within the test chamber 

containing the reference grill . (WARNING: If the stack is vented into the 

building enclosure, caution must be 

taken to avoid carbon monoxide poisoning and the reduction of oxygen.) 

(2) Test structure components. The 

following test structure components, 

as shown in figures 1 and 2 of Appendix 

A of this subpart, shall be used: 

(i) Test chamber—Standard large, 

prefabricated fireplace manufactured 

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 potentiometer (20- 

second intervals), reference point velocity with a Pitot tube (20-second intervals), and continuous organic emission monitor readings with the analyzer’s meter (10-second intervals). 

325 

Environmental Protection Agency § 59.208 

(ii) Grill temperature probe—A type 

‘‘K’’ thermocouple silver soldered to a 

7.6 centimeter (3-inch) square brass 

plate 0.083-centimeter (0.033 inches) 

thick painted flat black using high 

temperature (> 370 degrees Celsius [> 

700 degrees Fahrenheit]) paint; set on 

an adjustable stand to maintain 11 centimeters (4.5 inches) above the maximum height of the briquette pile and 

made such that it can be removed and 

replaced within the chamber. 

(iii) Stack temperature probe—The 

KurzD digital air velocity meter or a 

type ‘‘K’’ thermocouple shall be used. 

(iv) Stack velocity measurement device—The velocity in meters (feet) per 

minute for the reference point using a 

KurzD digital air velocity meter, 

DavisD DTA 4000 vane anemometer, or 

equivalent to method 1A of 40 CFR part 

60, appendix A. 

(v) Continuous organic emissions 

monitor—CenturyD Model 128 Organic 

Vapor Analyzer, RatfischD RS55 total 

hydrocarbon analyzer, or equivalent, 

with response in parts per million 

(ranges 0 to 10 parts per million, 0 to 

100 parts per million, 0 to 1,000 parts 

per million). 

(vi) Temperature and humidity monitor—A chart recorder type with humidity accuracy of ±3 percent from 15 

to 85 percent. 

(vii) Wind speed and direction monitor—A wind speed and direction device 

meeting a tolerance of ±10 percent. 

(viii) Analytical balance—An electronic scale with a resolution of a ±2 

grams. 

(ix) Charcoal stacking ring—Rigid 

metal cylinder 21.6 centimeters (8.5 

inches) in diameter with indicators to 

determine that the pile of briquettes 

does not exceed 12.7 centimeters (5 

inches) in height. 

(x) Camera—To document ignition 

condition of charcoal at the end of each 

start. 

(xi) Particulate filter—NuproD inline 

filter, Catalog Number SS–4FW–2 with 

0.64 centimeter (1⁄4-inch) Swagelok 

inlet and outlet or equivalent. 

(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 factor in the stack 

to be 1.0, and the moisture content to 

be 2 percent. 

(2) Integrated VOC sample. Collect 

integrated VOC gas samples at the 

sampling port in the exhaust stack 

326 

§ 59.208 40 CFR Ch. I (7–1–12 Edition) 

using a 40 CFR part 60, appendix A, 

Method 25 Total Combustion Analysis 

(TCA) sampling apparatus consisting of 

two evacuated 9-liter tanks, each 

equipped with flow controllers, vacuum 

gauges, and probes, as shown in figure 

4 of Appendix A of this Subpart. Use 40 

CFR part 60, appendix A, Method 25, 

SCAQMD Method 25.1 (incorporated by 

reference—§59.213 of this subpart), or 

equivalent, for analysis. Carbon monoxide, carbon dioxide, methane, and 

non-methane organic carbon are analyzed by the TCA and TCA/Flame Ionization Detector (FID) methods. Oxygen content is determined by gas chromatography using a thermal conductivity detector. Clean particulate filters between use by heating to 760 degrees Celsius (1400 degrees Fahrenheit) 

while using compressed air as a carrier 

for cleaning and purging. 

(3) Continuous organic emissions 

monitor. A continuous organic emissions monitor which uses a continuous 

FID shall be used for each test run to 

measure the real time organic concentration of the exhaust as methane. 

Record the emission monitor response 

in parts per million continuously during the sampling period using a chart 

recorder or at least once every 10 seconds. The VOC analyzer shall be operated as prescribed in the manufacturer’s directions unless otherwise noted 

in this protocol. 

(h) Pretest procedure. (1) Charcoal 

lighter material—charcoal. Before each 

test run, remove charcoal from a sealed 

bag that has been stored for at least 72 

hours in a humidity and temperature 

controlled room which satisfies the requirements of paragraph (d)(1) of this 

section and weight out 0.9 kilograms (2 

pounds) of charcoal briquettes, to the 

nearest whole briquette over 0.9 kilograms (2 pounds), of uniform shape 

with no broken pieces using an analytical balance. Reseal the bag. Charcoal 

must be ignited within 10 minutes after 

removal from bag. A sealed or resealed 

bag of charcoal cannot be stored at the 

test site for greater than 45 minutes. It 

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 the axial fan speed 

using a rheostat. 

(5) The fireplace shall be conditioned 

at the start of each day before sampling tests by using a grill ignited by 

327 

Environmental Protection Agency § 59.208 

the electric probe. If a time period of 

over 60 minutes between sampling test 

runs occur, the condition step must be 

repeated. 

(6) Before each test run, leak check 

the continuous organic emissions monitor by blocking the flow to the probe. 

Allow the instrument to warm up for 

the duration specified by the manufacturer’s directions. Select the 0 to 100 

parts per million range. Check the battery level and hydrogen pressure. Zero 

with hydrocarbon-free air (<0.1 parts 

per million hydrocarbons as methane) 

span with 90 parts per million methane 

in ultra pure air. Zero and span another instrument selection range if 

needed for test purposes. 

(7) Before the testing program begins, 

establish a point of average concentration of organics in the stack by using a 

continuous organic emissions monitor 

and a grill with charcoal ignited by the 

electric probe 40 minutes after initial 

release of emissions. Record the continuous organic emissions monitor traverse data. 

(8) Prepare the integrated VOC sampling equipment and perform the required leak checks. Fit the probes with 

nozzles housing two micron particulate 

filters. Insert the probes and nozzles 

into the sampling port to draw a sample of the exhaust gas from the point of 

average organic concentration as determined from the continuous organic 

emissions monitor sample traverse described in paragraph (h)(4) of this section. Also, position the nozzles such 

that they point downstream in the 

stack. Obtain the samples concurrently 

and continuously over the test run. 

(9) Insert the continuous organic 

emissions monitor probe into the sampling port to draw a sample of the exhaust gas from the point of average organic concentration as determined 

from the continuous organic emissions 

monitor sample traverse described in 

paragraph (h)(7) of this section. 

(i) Test procedure. The labeled directions, as defined in paragraph (e) of 

this section, shall be followed throughout the course of the testing. In cases 

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 for each test run 

when all the following conditions are 

met: 

(i) The temperature 11 centimeters 

(4.5 inches) above the maximum height 

of the briquette pile, using the grill 

328 

§ 59.208 40 CFR Ch. I (7–1–12 Edition) 

temperature probe described in paragraph (d)(3)(ii) of this section, is at 

least 93 degrees Celsius (200 degrees 

Fahrenheit); 

(ii) The continuous organic emissions 

monitor is reading below 30 parts per 

million for at least 2 minutes; 

(iii) The test sampling has continued 

for 25 minutes (but not more) and 

(iv) The charcoal surface is 70 percent 

covered with ash (to be documented 

with photograph on top and 60 degrees 

above the horizon). 

(7) During the sampling test runs, 

temperatures (excluding ambient) and 

continuous organic emission monitor 

readings shall be recorded and shall 

comply with the requirements in paragraph (b) of this section. Humidity, 

wind speed, and ambient temperature 

readings shall be monitored and shall 

comply with the requirements in paragraph (b) of this section. 

(8) Collect one blank sample for VOC 

and one ambient air sample during one 

run of each day per paragraph (k) of 

this section. 

(j) Post-run procedure. (1) Record temperatures (including ambient), humidity, wind speed, and continuous organic 

emissions monitor reading. 

(2) Record the drift using zero and 

span gases. Leak check and span the 

continuous organic emissions monitor 

as described in paragraph (h)(6) of this 

section for the next run. 

(3) Leak check and disassemble the 

integrated VOC sampling equipment as 

described in Method 25 of 40 CFR part 

60, appendix A or SCAQMD Method 25.1 

(incorporated by reference—see §59.213 

of this subpart), or equivalent. 

(4) Thoroughly clean grill surfaces of 

all residue before conducting next ignition run. 

(k) Calculations. Calculations shall be 

carried out to at least one significant 

digit beyond that of the acquired data, 

and then rounded off after final calculation to two significant digits for 

each run. All rounding off of numbers 

should be in accordance with the American Society for Testing and Materials 

(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 per start for each test 

run (grams VOC/start [pounds VOC/start]) 

A=Hydrocarbon molecular weight 


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Environmental Protection Agency § 59.208 

=14.0268 grams per gram-mole (14.0268 pounds 

per pound-mole) 

B=Carbon number 

=1 

C=Average concentration for each duplicate 

run of total gaseous nonmethane organic 

compounds as CO2 (parts per million, from 

lab analysis sheet) 

D=Sampling duration 

=25 minutes 

d=Molar density of gas at standard conditions 

=42.33 gram-mole per cubic meter (0.0026353 

pound-mole per cubic foot) 

N=Normalized mass (0.9 kilograms [2 

pounds]) 

M=Mass of charge (kilograms [pounds]) 

(8) Calculate the average VOC emissions for each lighter material tested. 

Identify and discard statistical 

outliers. Note a minimum of five valid 

results are required for a determination. This procedure for eliminating an 

outlier may only be performed once for 

each lighter material tested. 

(9) Using Equation 6, calculate the 

resultant VOC emissions per start (Er) 

and determine if it is less than or equal 

to the 9 grams VOC per start emission 

limit. 

E e e E Equation r i ep b =− + 6

Where 

ei=Average emissions of VOC per start from 

the charcoal lighter material being evaluated (grams VOC/start [pounds VOC/start] 

expressed as CH2) 

eep=Average reference VOC emissions per 

start from the ignition by electric probe 

(grams VOC/start [pounds VOC/start] expressed as CH2) 

=0 grams VOC/start (0 pounds VOC/start) 

for treated or impregnated charcoal 

Eb=Standard baseline VOC emissions per 

start from the ignition by electric probe 

(expressed as CH2) 

=0 grams VOC/start (0 pounds VOC/start) 

for treated or impregnated charcoal 

=3.6 grams VOC/start (0.008 pounds VOC/ 

start) for all other charcoal lighter material 

(l) Recordkeeping. A record of the following charcoal lighter material compliance test information shall be kept 

for at least 5 years: 

(1) Real time temperature and continuous organic emissions monitor 

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. 


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§ 59.209 40 CFR Ch. I (7–1–12 Edition) 

(6) Supply documentation for place of 

purchase and chain of custody for untreated charcoal. 

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

30, 1998] 

§ 59.209 Recordkeeping and reporting 

requirements. 

(a) The distributor that is named on 

the product label shall maintain the 

records specified in paragraphs (a)(1) 

and (a)(2) of this section, unless the 

manufacturer or importer has submitted to the Administrator a written 

certification that the manufacturer or 

importer will maintain the records for 

the distributor in accordance with 

paragraph (a)(3) of this section. If no 

distributor is named on the label, the 

manufacturer or importer must maintain the specified records. The records 

must be retained for at least 3 years 

and must be in a form suitable and 

readily available for inspection and review. 

(1) Records or formulations being 

manufactured or imported on or after 

December 10, 1998 for all consumer 

products subject to §59.213(a), or December 10, 1999 for all consumer products subject to §59.203(c) and 

(2) Accurate records for each batch of 

production, starting on December 10, 

1998 for all consumer products subject 

to §59.203(a) or December 10, 1999 for all 

consumer products subject to 

§59.203(c), of the weight-percent and 

chemical composition of the individual 

product constituents. 

(3) By providing this written certification to the Administrator, the certifying manufacturer accepts responsibility for compliance with the recordkeeping requirements in paragraphs 

(a)(1) and (a)(2) of this section with respect to any products covered by the 

written certification. Failure to maintain the required records may result in 

enforcement action by the EPA against 

the certifying manufacturer in accordance with the enforcement provisions 

applicable to violations of these provisions by regulated entities. The certifying manufacturer may revoke the 

written certification by sending a written statement to the Administrator 

and the regulated entity giving at least 

90 days notice that the certifying manufacturer is rescinding acceptance of 

responsibility for compliance with the 

recordkeeping requirements listed in 

this paragraph. Upon expiration of the 

notice period, the regulated entity 

must assume responsibility for 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 

331 

Environmental Protection Agency § 59.212 

of manufacture is marked on each sales 

unit of subject consumer products; and 

(5) The name and location of the designated recordkeeping agent, if the 

records specified in paragraphs (a)(1) 

and (a)(2) are to be maintained by the 

manufacturer. 

(e) If a regulated entity changes the 

date coding system reported according 

to paragraph (d)(4) of this section, the 

regulated entity shall notify the Administrator of such changes within 30 

days following the change. 

(f) If requested by the Administrator, 

the following information shall be 

made available within 30 days after receiving the request: 

(1) Location of facility(ies) manufacturing, importing, or distributing subject consumer products; 

(2) A list of product categories and 

subcategories, as found in tables 1 and 

2 of this subpart, that are manufactured, imported, or distributed at each 

facility; and 

(3) Location where VOC content 

records are kept for each subject consumer product. 

(g) Each manufacturer or importer 

subject to the innovative product provisions in §49.204 shall submit notifications as indicated in §59.204(d) and (e). 

§ 59.210 Addresses of EPA Regional Offices. 

All requests, reports, submittals, and 

other communications to the Administrator pursuant to this regulation shall 

be submitted to the Regional Office of 

the EPA which serves the State or territory in which the corporate headquarters of the regulated entity resides. These areas are indicated in the 

following list of EPA Regional Offices: 

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 

Vermont), Director, Office of Ecosystem 

Protection, 5 Post Office Square—Suite 

100, Boston, MA 02109–3912. 

EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, Division 

of Environmental Planning and Protection, 290 Broadway, New York, NY 10007. 

EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, 

West Virginia), Director, Air, Radiation, 

and Toxics Division, 841 Chestnut Building, 

Philadelphia, PA 19107. 

EPA Region IV (Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina, Tennessee), Director, Air, 

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

EPA Region V (Illinois, Indiana, Michigan, 

Minnesota, Ohio, Wisconsin), Director, Air 

and Radiation Division, 77 West Jackson 

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 (Arizona, California, Hawaii 

and Nevada; the territories of American 

Samoa and Guam; the Commonwealth of 

the Northern Mariana Islands; the territories of Baker Island, Howland Island, 

Jarvis Island, Johnston Atoll, Kingman 

Reef, Midway Atoll, Palmyra Atoll, and 

Wake Islands; and certain U.S. Government activities in the freely associated 

states of the Republic of the Marshall Islands, the Federated States of Micronesia, 

and the Republic of Palau), Director, Air 

Division, 75 Hawthorne Street, San Francisco, CA 94105. 

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

1200 Sixth Avenue, Seattle, WA 98101. 

[63 FR 48831, Sept. 11, 1998, as amended at 75 

FR 69349, Nov. 12, 2010; 76 FR 49672, Aug. 11, 

2011] 

§ 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 

332 

§ 59.213 40 CFR Ch. I (7–1–12 Edition) 

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 reference were approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. These materials are incorporated as they exist on 

the date of the approval, and notice of 

any changes in these materials will be 

published in the FEDERAL REGISTER. 

The materials are available for purchase at the corresponding addresses 

noted below, and all are available for 

inspection at the Air and Radiation 

Docket and Information Center, U.S. 

EPA, 401 M St., SW., Washington, DC 

20460, the EPA Library (MD–35), U.S. 

EPA, Research Triangle Park, NC 

27711, or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or 

go to: http://www.archives.gov/ 

federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. 

(b) The materials listed below are 

available for purchase from at least 

one of the following addresses: American Society for Testing and Materials 

(ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD Subscription 

Services, P.O. Box 4932; 21865 Copley 

Drive, Diamond Bar, CA 91765–0932; or 

University Microfilms International, 

300 North Zeeb Road, Ann Arbor MI, 

48106. 

(1) ASTM Method E220–86 Standard 

Method for Calibration of 

Thermocouples by Comparisons Techniques, incorporation by reference 

(IBR) approved for §59,208(m)(4). 

(2) ASTM Method E380–82 Metric 

Practice, IBR approved for §59.208(k). 

(3) SCAQMD Method 25.1, March 1989 

Determination of Total Gaseous NonMethane Organic Emissions as Carbon 

(amended February 26, 1991) IBR approved for §59.208(g)(2). 

[63 FR 48831, Sept. 11, 1998, as amended at 69 

FR 18803, Apr. 9, 2004] 

§ 59.214 Availability of information 

and confidentiality 

(a) Availability of information. Specific reports or records required by this 

subpart are not available to the public. 

The Administrator will, upon request, 

provide information as to the compliance status of a product or regulated 

entity. 

(b) Confidentiality. All confidential 

business information entitled to protection under section 114(c) of the CAA 

that must be submitted or maintained 

by a regulated entity pursuant to this 

section shall be treated in accordance 

with 40 CFR part 2, Subpart B. 

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 

Household adhesives: 

Aerosols .......................................... 75 

Contact ............................................ 80 

Construction and panel ................... 40 

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

Structural waterproof ....................... 15 

Insecticides: 

Crawling bug ................................... 40 

Flea and tick .................................... 25 

Flying bug ........................................ 35 

Foggers ........................................... 45 

Lawn and Garden ........................... 20 

333 

Environmental Protection Agency Pt. 59, Subpt. C, Table 2 

Product category 

VOC content 

limit (weightpercent VOC) 

Laundry prewash: 

Aerosols/solids ................................ 22 

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

Laundry starch products ................................ 5 

Nail polish removers ...................................... 85 

Oven cleaners: 

Aerosols/pump ................................ 8 

Liquids ............................................. 5 

Shaving creams ............................................. 5 

TABLE 2 TO SUBPART C—HVOC 1 CONTENT LIMITS FOR UNDERARM DEODORANTS AND UNDERARM ANTIPERSPIRANTS

Product category 

Percent HVOC 

content limit 

(weight-percent HVOC) 

Underarm antiperspirants—aerosol ............... 60 

Underarm deodorants—aerosol .................... 20 

1 High-volatility organic compound (HVOC) are VOC with 

vapor pressure greater than 80 millimeters of mercury at 20 

degrees Celsius. 

334 

Pt. 59, Subpt. C, App. A 40 CFR Ch. I (7–1–12 Edition) 

APPENDIX A TO SUBPART C OF PART 59—FIGURES


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