(a) Each applicant to register a copper-based antifouling paint or coating shall submit the daily mean copper release rate for the product using the International Organization for Standardization (ISO) method 10890:2010, “Paints and varnishes -- Modelling of biocide release rate from antifouling paints by mass-balance calculation,” hereby incorporated by reference, and supporting data used for the calculation.

(b) Using the rate and data provided pursuant to (a) of this section and a correction factor of 2.9, the Director will calculate an adjusted daily mean copper release rate to account for environmental conditions.

(c) The provisions in this subsection pertain to copper-based antifouling paint or coating products except when labeled for commercial vessel use only or prohibited from use on recreational vessels. For the purposes of this subsection, “recreational vessel” means any vessel manufactured or used primarily for pleasure or leased, rented, or chartered to a person for the person's pleasure, and/or used as a residence. “Commercial vessel” means any private, commercial, government, or military marine vessel that does not otherwise meet the definition of recreational vessel, including, but not limited to, passenger ferries; excursion vessels; tugboats; ocean-going tugboats; towboats; push-boats; crew and supply vessels; work boats; pilot vessels; supply boats; fishing vessels; research vessels; U.S. Coast Guard vessels; hovercraft; emergency response harbor craft; and barge vessels.