A. Applicability
The architectural coatings rule applies to manufacturers and importers of architectural coatings that are manufactured after September 13, 1999 for sale or distribution in the United States, including the District of Columbia and all United States territories.   For architectural coatings registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136, et seq.,) (FIFRA), the applicable date is March 10, 2000.

The regulated entity under this rule is the manufacturer or importer of a regulated architectural coating. The regulated entities include any manufacturers or importers that produce, package, or repackage architectural coatings for sale or distribution in the United States, including the District of Columbia and all United States territories. A person that repackages architectural coatings as part of a paint exchange and does not produce, package, or repackage any other architectural coatings for sale or distribution in the United States, is not included in the definition of manufacturer. Similarly, a person that repackages an architectural coating by transferring it from one container to another is not included in the definitions of importer and manufacturer, provided the VOC content of the coating is not altered and the coating is not sold or distributed to another party.

Architectural coatings that are subject to the rule are divided into a number of coating categories, such as "exterior flats" or "industrial maintenance coatings." These coating categories are defined in the rule for purposes of specifying the applicable emission limits. In determining if a coating is subject to this rule, a coating must first meet the general definition of an architectural coating. 
     The standards do not apply to the following:
     (1) Coatings manufactured exclusively for sale or             distribution outside the United States;
     (2) Coatings manufactured prior to September 13, 1999;
     (3) Coatings sold in nonrefillable aerosol containers;
     (4) Coatings that are collected and redistributed at paint             exchanges in accordance with this rule; and
     (5) coatings sold in containers with a volume of 1 liter or             less.

F. Recordkeeping
There are no recordkeeping requirements for coatings complying with the VOC content limits in Table 1 of this subpart. However, the rule does include recordkeeping requirements for compliance with the recycled coating, exceedance fee, and tonnage exemption provisions.   For recycled coatings, the manufacturer or importer must keep records of the volume of coatings received for recycling, the volume of coatings received that is unusable, the volume of virgin coatings used with recycled coatings, and the volume of final recycled coatings manufactured or imported. In addition, manufacturers and importers of recycled coatings must keep records of the calculation of adjusted-VOC contents.

For compliance with the exceedance fee provisions, manufacturers and importers must keep records on an annual basis for each coating of the VOC content, the VOC content in excess of the applicable limit, and the volume manufactured or imported. Manufacturers and importers must also keep records of the calculation of fees, the annual fee for each coating, and the total annual fee.

For the tonnage exemption, manufacturers and importers must keep records of the products claimed under the exemption, the VOC content and actual sales or distribution for each exempt product, and the total mass of VOC contained in all products claimed under the exemption.

All required records must be retained for a period of 3 years in a form suitable for inspection.

Although the retention of test data is not required by this rule, the EPA encourages facilities to keep any information resulting from either Method 24 or any other acceptable method to determine compliance. This information will help the EPA make a preliminary assessment of compliance for the coatings subject to this rule. In the absence of demonstrable indications of compliance, the EPA may require Method 24 testing by the facility in accordance with Sec. 59.406(b).

G. Reporting
All manufacturers and importers of subject coatings must file an initial notification report listing the coating categories from table 1 of this subpart that they manufacture or import and the locations of facilities that manufacture architectural coatings in the United States. The initial notification report must be submitted no later than September 13, 1999 or 180 days after the date that the manufacturer or importer first manufactures or imports a subject coating, whichever is later.

In addition, if a manufacturer or importer uses a date coding system, an explanation of the coding system must be submitted with the initial report. Explanations of new codes must be filed within 30 days after their first use.

There are no reporting requirements beyond the initial notification and date code explanation for manufacturers and importers who meet the VOC content limits in table 1. There are additional reporting requirements for manufacturers and importers who choose to take advantage of optional provisions, including: (1) the calculation of an adjusted-VOC content for recycled coatings (based on post-consumer coating content); (2) the payment of the exceedance fee; and (3) the tonnage exemption. An annual report is required for each of these provisions.