Department of Environment & Conservation
Robert Martineau, Commissioner

Paints and Allied Products Manufacturing

**Federal Rule Affecting Paints and Allied Products Manufacturing at Area/Small Sources**

National Emission Standards for Hazardous

Air Pollutants [40 CFR 63 Subpart CCCCCCC (7C)]

The Environmental Protection Agency (EPA) published a rule on December 3, 2009 that impacts manufacturers of paints, inks, adhesives, stains, varnishes, shellacs, putties, sealers, caulks, and other coatings at area/small sources*.

This Rule is the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Paints and Allied Products Manufacturing at area/small sources 40 CFR 63 Subpart CCCCCCC (7C).  The affected sources of this Rule will consist of all paints and allied products manufacturing processes at the facility.

*Areas sources are those that do not emit or have the potential to emit more than 10 tons per year of a single hazardous air pollutant (HAP) or more than 25 tons per year of any combination of HAP.

Who must comply with this Rule?

You are subject to this Rule if you:

  » Own or operate an area source facility that performs paints and allied products manufacturing which are generally produced from raw materials by physical means, such as blending and mixing, as opposed to chemical synthesis means (reactions/distillations)

  » Process, use, or generate materials containing one or more of the following hazardous air pollutant(s) (HAPs): benzene, methylene chloride, and compounds of cadmium, chromium, lead, and nickel

7C does not include the manufacture of the following:

• Products that do not leave a dried film of solid material on the substrate, such as thinners, paint removers, brush cleaners, and mold release agents
• Electroplated and electroless metal films
• Raw materials such as resins, pigments and solvents used in the production of paints and products
• Resin which is covered by the chemical manufacturing area source NESHAP standard - (40 CFR 63 Subpart VVVVVV)
  [Note: Facilities that manufacture both resins and coatings must comply with both rules.]

 

What are My Compliance Dates?

New Operations [commenced construction or reconstruction on or after June 1, 2009]

• Must be in compliance with the rules upon start-up
• Must submit both an Initial Notice and Notice of Compliance - No later than 180 days after initial start-up of the operations or June 1, 2010, whichever is later
  
  

Existing Operations [commenced construction or reconstruction before June 1, 2009]

• Must submit an Initial Notification - No later than June 1, 2010
• Must be in compliance with the rules by December 3, 2012
• Must submit a Notice of Compliance by June 3, 2013
  
  

The Most Significant Rule Requirements Include:

• A particulate control device must be used to capture particulate emissions while adding dry pigments and other solids that contain compounds of cadmium, chromium, lead, or nickel to a process vessel or milling and grinding equipment

• During the grinding and milling of materials containing compounds of cadmium, chromium, lead, or nickel at least one of the following control techniques must be performed:
  • particulate emissions must be captured and route to a particulate control device, or
  • grinding and milling equipment is fully enclosed, or
  • must ensure pigments and solids are in the solution
• Limit visible emissions from control device to 10% opacity for particulate control devices that vent to the atmosphere [This requirement does not apply to particulate control devices that do not vent to the atmosphere]

• Performance tests must be performed on required particulate control devices per rule instructions

• A lid or cover must be used on any process vessel that contains benzene or methylene chloride and the lid or cover must maintain contact along at least 90 percent of the rim

• Leaks and spills of materials containing benzene or methylene chloride must be minimized and cleaned up as soon as practical, but no longer than 1 hour from the time of detection

• Rags or other material that contain solvents that include benzene or methylene chloride must be kept in a closed container.
  

Resources

Tennessee Small Business Environmental Assistance Program (SBEAP)

Initial Notice:
  » SBEAP Initial Notice Letter
  » SBEAP Initial Notification Sample
  » SBEAP 7C Summary

 

Notification of Compliance Status:

  » SBEAP Notification of Compliance Status Letter

  » SBEAP Sample Notification of Compliance Status

  » SBEAP Annual Compliance Certification Report

  » SBEAP Deviation Report

State of Tennessee

Division of Air Pollution Control

Visible Emissions Evaluation Certification (Smoke School)

EPA Material

40 CFR 63 Subpart CCCCCCC (Electronic Code of Federal Registration)

Federal Register  (final) [December 3, 2009]
  » Amended –Technical Corrections [March 5 2010]
  » Amendments [June 3, 2010]

Summary of the Regulation

Simplified Method 22 Instructions [10/2008]

Test Methods 203A, 203B and 203C
  » Opacity Determination for Time-Averaged Regulations
  » Field Data Forms

EPA Presentation:
  » Paints and Allied Products Manufacturing - Area Source NESHAP, July 2009