---
kind: "section"
citation: "40 C.F.R. § 59.403"
title: "40"
number: "59.403"
heading: "Exceedance fees."
url: "https://uscodex.org/cfr/40/59.403"
---

# §59.403. Exceedance fees.

- (a) Except as provided in [§ 59.404](/cfr/40/59.404.md) of this subpart, each manufacturer and importer of any architectural coating subject to the provisions of this subpart may exceed the applicable VOC content limit in table 1 of this subpart for the coating if the manufacturer or importer pays an annual exceedance fee. The exceedance fee must be calculated using the procedures in paragraphs [(b)](#b) and [(c)](#c) of this section.
- (b) The exceedance fee paid by a manufacturer or importer, which is equal to the sum of the applicable exceedance fees for all coatings, must be calculated using equation 1 as follows:
- (c) The exceedance fee to be paid for each coating must be determined using equation 2 as follows:
- (d) The exceedance fee shall be submitted to EPA by March 1 following the calendar year in which the coatings are manufactured or imported and shall be sent to the address provided in [§ 59.409(b)](/cfr/40/59.409.md?p=b).

## Notes

### Amendments

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 65 FR 7737, Feb. 16, 2000]

### Source

Source: 63 FR 48877, Sept. 11, 1998, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414 and 7511b(e).

### Source

Source: 64 FR 48815, Sept. 11, 1998, unless otherwise noted.

### Amendments

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 65 FR 7737, Feb. 16, 2000]