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Code · CFR · Title 40 — Protection of Environment · Part 59 · § 59.502

§ 59.502. When do I have to comply with this subpart?

477 words·~2 min read·/us/cfr/t40/s§ 59.502·

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(a)Except as provided in § 59.509 and paragraphs
(b)and
(c)of this section, you must be in compliance with all provisions of this subpart by January 17, 2027.
(b)The Administrator will consider issuance of a special compliance extension that extends the date of compliance until January 1, 2011, to regulated entities that have never manufactured, imported, or distributed aerosol coatings for sale or distribution in California that are in compliance with California's Regulation for Reducing Ozone Formed From Aerosol Coating Product Emissions, Title 17, California Code of Regulations, sections 94520-94528. In order to be considered for an extension of the compliance date, you must submit a special compliance extension application to the EPA Administrator no later than 90 days before the compliance date or within 90 days before the date that you first manufacture aerosol coatings, whichever is later. This application must contain the information in paragraphs (b)(1) through (b)(5) of this section. If a regulated entity remains unable to comply with the limits of this rule by January 1, 2011, the regulated entity may seek a variance in accordance with § 59.509.
(1)Company name;
(2)A signed certification by a responsible company official that the regulated entity has not at any time manufactured, imported, or distributed for sale or distribution in California any product in any category listed in Table 1 of this subpart that complies with California's Regulation for Reducing Ozone Formed From Aerosol Coating Product Emissions, Title 17, California Code of Regulations, sections 94520-94528;
(3)A statement that the regulated entity will, to the extent possible within its reasonable control, take appropriate action to achieve compliance with this subpart by January 1, 2011;
(4)A list of the product categories in Table 1 of this subpart that the regulated entity manufactures, imports, or distributes; and,
(5)Name, title, address, telephone, e-mail address, and signature of the certifying company official.
(c)Except as provided in paragraph
(b)of this section, the compliance date for aerosol coatings that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C 136-136y) (FIFRA) is January 1, 2010.
(d)Until January 17, 2027, appendix A—table 1, appendix A—table 2A, appendix A—table 2B, appendix A—table 2C and the test methods listed in appendix A table 3 to subpart E of part 59 are applicable to this subpart. Prior to January 17, 2027, regulated entities may elect to use tables 1, 2A, 2B, and 2C. If a regulated entity elects to do so, it shall use the test methods specified in § 59.508 of this subpart. After January 17, 2027, tables 1, 2A, 2B, and 2C, and the test methods specified in § 59.508 of this subpart are applicable. [73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008; 90 FR 5704, Jan. 17, 2025; 90 FR 28908, July 2, 2025]
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  • 7 USC 136-136y
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§ 59.502
When do I have to comply with this subpart?
Fed. Reg.×3
Cite7 USC 136-136y
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