['Air Programs']
['Volatile Organic Compounds']
06/09/2022
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(a) If you are the regulated entity identified in §59.501(a) as being responsible for recordkeeping for a product, and no other person has certified that they will fulfill your recordkeeping responsibilities as provided in §59.511(g), you must comply with paragraphs (a)(1) through (a)(5) of this section:
(1) All records must be maintained on and after the applicable compliance date listed in §59.502.
(2) You are required to maintain records of the following at the location specified in §59.511(b)(4) for each product subject to the PWR limits in Table 1 of this subpart: The product category, all product calculations, the PWR, and the weight fraction of all ingredients including: Water, total solids, each VOC, and any other compounds assigned a RF of zero as specified in §59.505. Solids do not have to be listed individually in these records. If an individual VOC is present in an amount less than 0.1 percent by weight, then it does not need to be reported as an ingredient. An impurity that meets the definition provided in §59.503 does not have to be reported as an ingredient. For each batch of each product subject to the PWR limits, you must maintain records of the date the batch was manufactured, the volume of the batch, the recipe used for formulating the batch, and the number of cans manufactured in each batch and each formulation.
(3) You must maintain a copy of each notification and report that you submit to comply with this subpart, the documentation supporting each notification, and a copy of the label for each product.
(4) If you claim the exemption under §59.501(e), you must maintain a copy of the initial report and each annual report that you submit to EPA, and the documentation supporting such report.
(5) You must maintain all records required by this subpart for a minimum of 5 years. The records must be in a form suitable and readily available for inspection and review.
(b) By providing the written certification to the Administrator in accordance with §59.511(g), the certifying entity accepts responsibility for compliance with the recordkeeping requirements of this section with respect to any products covered by the written certification, as detailed in the written certification. Failure to maintain the required records may result in enforcement action by EPA against the certifying entity in accordance with the enforcement provisions applicable to violation of these provisions by regulated entities. If the certifying entity revokes its certification, as allowed by §59.511(h), the regulated entity must assume responsibility for maintaining all records required by this section.
[73 FR 15621, Mar. 24, 2008, as amended at 74 FR 29603, June 23, 2009]
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