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:

Electronic reporting is now required for various notifications through EPA’s Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI).
The definition of “target HAP containing coating” is modified so the definition is based on the HAP content of the applied coating and not the HAP content of the coating purchased from the supplier.
The definition of “spray-applied coating operations” is amended to clarify the allowance to use spray guns outside of a spray booth is based on the volume of the spray gun cup liner and not the volume of the paint cup, when a liner is used.
References to OSHA-defined carcinogens are updated.
The definition of “non-HAP solvent” is removed as no requirement exists for such a solvent.
The referenced spray booth filter test method is changed as the older method was retired in 2009.
A simplified petition for exemption process is added for motor vehicle and mobile equipment surface coating operations that do not spray-apply coatings containing the target HAP. A notification and recordkeeping will suffice to claim the exemption rather than direct approval from EPA.
The preamble clarifies surface coating and paint stripping of military equipment is still regulated under the standard if the activity is not occurring at a military installation, such as at the manufacturer’s facility. [87 FR 67797] No change was made to the military equipment exemption located at §63.11169(d)(2).

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.