EPA "Area Source" Rules that May Impact Your Manufacturing Operations

In the last several months the U.S. Environmental Protection Agency (EPA) has finalized three area source rules that may impact coatings, ink, adhesive, resin, and chemical preparation manufacturing operations by requiring add-on pollution controls and work-practice standards to reduce hazardous air pollutants (HAP). "Area Sources," also known as "minor sources," are those facilities with the potential to emit less than 10 tons per year of any HAP or less than 25 tons per year of aggregate HAPs. This includes facilities permitted as "synthetic minor sources." It is important to note that these rules would only be applicable if the facilities utilized raw materials containing the representative "HAPs of concern" as specified in each of the rules above the Occupational Safety and Health Administration (OSHA) thresholds of 0.1% for carcinogens or 1.0 % for noncarcinogens. These "affected" sources would have to submit an initial notification and would have from 1 to 3 years to comply, depending on the rulemaking. Specific details on each rulemaking are provided below.

The Paint and Allied Products area source rule was promulgated on December 3, 2009, and applies to coatings, adhesive, and ink area source manufacturing operations that have the following North American Industry Classification System (NAICS) codes 325510, 325520, and 325910/325998. Affected sources are those facilities that use, generate, or produce the following HAPs of concern - benzene, methylene chloride, compounds of cadmium, chromium, lead or nickel - above the OSHA thresholds. While EPA states in the final rule that the OSHA cutoff of chromium compounds is 0.1%, it will revise the rulemaking this spring to include the higher threshold for trivalent chromium, which is 1.0%. Only affected sources would need to submit an Initial Notification of Applicability by the June 1, 2010 deadline. An example Initial Notification Form for this rule is available at http://www.epa.gov/ttn/atw/area/paints_example.pdf. Affected facilities would need to comply with the rule by Dec. 3, 2012.

The Chemical Manufacturing area source rule was promulgated on October 29, 2009, and applies to chemical manufacturing operations under NAICS code 325 and includes resin manufacturing operations. Affected sources are those facilities that generate or produce the following HAPs of concern above the OSHA thresholds – 1,3-butadiene, 1,3-dichloropropene, Acetaldehyde, Chloroform, Ethylene dichloride, Hexachlorobenzene, Methylene chloride, Quinoline, Hydrazine and compounds of Arsenic, Cadmium, Chromium, Lead, Manganese, and Nickel. Only affected sources would need to submit an Initial Notification of Applicability by the Feb. 26, 2010 deadline. An example form is available at http://www.epa.gov/ttn/atw/gp/initialvf.pdf. Affected facilities would need to comply with the rule by Oct. 29, 2012.

The Chemical Preparations area source rule was promulgated on Dec. 30, 2009, and applies to chemical preparations operations under NAICS code 325998. Affected sources are those facilities that use, generate, or produce the following HAPs of concern: metal compounds of chromium, lead, manganese, or nickel above the OSHA thresholds; chromium (VI), lead, or nickel in amounts greater than or equal to 0.1% by weight (as the metal); and manganese or chromium (III) in amounts greater than or equal to 1.0% by weight (as the metal). Only affected sources would need to submit an Initial Notification of Applicability by the April 29, 2010 deadline. An example form is available at http://www.epa.gov/ttn/atw/gp/initialvf.pdf. Affected facilities would need to comply with the rule by Dec. 30, 2010.

For more information: contact ACA's David Darling, Alison Keane or John Hopewell.

Date Posted: February 16, 2010