Paints and Allied Products Manufacturing

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

National Emission Standards for Hazardous Air Pollutants [40 CFR 63 Subpart CCCCCCC]

The Environmental Protection Agency (EPA) published a new proposed rule on July 1, 2009 that impacts manufacturers of paints, inks, adhesives, stains, varnishes, shellacs, putties, sealers, caulks, and other coatings at area/small sources.

This new proposed rule is the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Paints and Allied Products Manufacturing at area/small sources as published in 40 CFR Part 63, Subpart CCCCCCCC. 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

» 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

Paints and allied product manufacturing covers coatings but does not include the manufacture of:

» 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 standard (VVVVVV)
(Facilities that manufacture both resins and coatings would be required to comply with both rules.)

Source Definitions

New Source

» Commenced construction or reconstruction after June 1, 2009

Existing Source

» Commenced construction or reconstruction of the affected source on or before June 1, 2009

Deadlines:

Check back for the final publication of the NESHAP for Paints and Allied Products Manufacturing. The tentative deadline for EPA to finalize the Rule is by Aug. 15, 2009.

Compliance Dates:

New Sources:

» achieve compliance on or before the date of publication of the final rule in the Federal Register or upon start-up, whichever is later

Existing Sources:

» achieve compliance with the Rule on or before 2 years after the date of publication of the final rule in the Federal Register

Initial Notification of Applicability

New Sources:

» submit an initial notification no later than 120 days after initial start-up or 120 days after the date of publication in the Federal Register, whichever is later

Existing Sources:

» submit an initial notification no later than 120 days after of the date of publication of the final rule in the Federal Register

Notification of Compliance Status

New Sources:

» submit a Notification of Compliance Status within 120 days after initial start-up or on or before 120 days after the date of publication of the final rule in the Federal Register, whichever is later

Existing Sources:

» submit a Notification of Compliance Status within 2 years and 120 days after the date of publication of the final rule in the Federal Register