EPA Finalizes Chemical Preparations Area Source Rule

The U.S. Environmental Protection Agency (EPA) on Dec. 20, 2009, finalized the Chemical Preparations Area Source rule (40 CFR Part 63, Subpart BBBBBBB) affecting facilities classified as 325998 NAICS code and use chromium, lead, manganese and nickel. Please note: any material that contains compounds of chromium (VI), lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), or manganese or chromium (III) compounds in amounts greater than or equal to 1.0 percent by weight (as the metal) is considered to be target HAP containing.

All existing area source facilities subject to this final rule are required to comply with the rule requirements no later than Dec. 30, 2010.

Through its comments to the agency, ACA was successful in preventing overlap of this rule with the recently promulgated Paint and Allied Products and Chemical Manufacturing Area Source rules. The final rule only applies to facilities classified by the 325998 NAICS code.

A facility is exempt from the requirements specified in the chemical preparations rule if the chemical preparations operations at the facility are subject to the requirements specified in subpart VVVVVV (Chemical Manufacturing Area Source) or subpart CCCCCCC (Paint and Allied Product Area Source).

A rule summary is available at: http://www.paint.org/member/committee/emc_chemical_prep_area_summary.pdf

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

Date Posted: January 29, 2010