American Coatings Association

Compliance dates are looming for facilities subject two U.S. Environmental Protection Agency (EPA) “Area Source” rules. Facilities subject to the U.S. Environmental Protection Agency’s (EPA) Paint and Allied Products Area Source Rule will need to comply by Dec. 3, 2012. Facilities subject to EPA’s Chemical Manufacturing Area Source Rule will need to comply by Oct. 29, 2012.

EPA several years ago finalized the two area source rules that may impact coatings, ink, adhesive, and resin 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."

These rules are only applicable if the facilities utilized raw materials containing the representative “HAPs of concern” as specified in each of the rules above the U.S. Occupational Safety and Health Administration’s (OSHA) thresholds of 0.1 percent for carcinogens or 1.0 percent for noncarcinogens.

EPA promulgated the Paint and Allied Products Area source rule on Dec. 3, 2009. The rule applies to coating, 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 above the OSHA thresholds of  0.1 percent for carcinogens and 1.0 percent for non-carcinogens (e.g., trivalent chromium): benzene, methylene chloride, compounds of cadmium, chromium, lead or nickel. Facilities that meet these conditions would need to comply with the rule by Dec. 3, 2012, and would need to install baghouses (or use pigments in paste form) for the metal HAPs and install covers for the organic HAPs. Additional work practices, recordkeeping, and reporting requirements also apply.

EPA promulgated its Chemical Manufacturing Area source rule on Oct. 29, 2009. The rule 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. Affected facilities would need to comply with the rule by Oct. 29, 2012.

Of note, on Jan. 20, 2012, EPA published a proposed rule, notice of reconsideration of final rule to address issues. It is hoped the issues will be resolved before the Oct. 29, 2012 compliance date.

The notice of reconsideration is available at:  http://www.epa.gov/ttn/atw/area/fr30ja12.pdf.  

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