January 19, 2023

Subpart 6H Technology Review Finalized

On November 10, 2022, EPA finalized its technology review of the paint stripping and miscellaneous surface coating operation NESHAP for area sources. [87 FR 67791] This review of Part 63, Subpart HHHHHH finalized the November 2021 proposal (86 FR 66130) without changes and is effective November 10, 2022. Affected sources must achieve compliance by May 9, 2023. Though the technology review does not revise any numerical emission limits, numerous minor revisions were made for technical updates, clarifications, and elimination of the startup, shutdown, and malfunction (SSM) exemption. The agency estimates approximately 40,000 facilities are subject to the standard.

Removal of the SSM exemption aligns the standard with the requirements set forth in Sierra Club vs. EPA (U.S. Circuit Court of Appeals, D.C. Circuit, Docket No. 02-1135, 551 F.3d 1019). Since the court vacated that exemption, EPA has removed that provision from air toxics standards when they are reviewed. A general duty clause has been added to Subpart HHHHHH, requiring the minimization of emissions at all times, even during SSM events. The regulated HAPs in Subpart HHHHHH include one organic HAP, methylene chloride, and five metal HAPs, cadmium, chromium, lead, manganese, and nickel.

Additional requirements and clarifications include:

Affected sources must achieve compliance with these amendments by May 9, 2023. More information on this rulemaking is available at Docket ID No. EPA-HQ-OAR-2021-0016.


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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.