April 18, 2023

Miscellaneous Coating Manufacturing Receives Particulate Matter Limits

When EPA finalized its risk and technology review for the miscellaneous coating manufacturing (MCM) NESHAP on August 14, 2020 (85 FR 49724), not all hazardous air pollutant (HAP) emissions were addressed. In Louisiana Environmental Action Network vs. EPA (U.S. Circuit Court of Appeals, D.C. Circuit; Docket No. 17-1257; April 21, 2020), the court held EPA must address unregulated HAP emissions from a major source category during a standard’s periodic review. Consequently, the agency finalized a new rule for Part 63, Subpart HHHHH on February 22, 2023 regulating metal HAPs via a particulate matter (PM) surrogate. [88 FR 10842]

Only applicable when an affected source is not already subject to another subpart of Part 63, the MCM source category controls organic HAP emissions from process vessels, storage tanks, pipe runs, and other equipment during the manufacturing of paints, inks and resins. [§63.7985] The 2023 final rule sets PM emission limits for process vessels of 0.014 grains per dry standard cubic foot (gr/dscf) for existing sources and 0.0079 gr/dscf for new sources. Compliance with this standard is demonstrated through an initial performance test followed by periodic performance testing every five years. Continuous compliance with the emission limits must also be demonstrated through control device parameter monitoring. Facilities must submit semi-annual compliance summary reports documenting compliance with and any deviations from the standard.

Affected sources that commence construction or reconstruction on or before June 7, 2022 are considered existing sources and must comply with the PM provisions by February 22, 2024, or upon startup, whichever is later. Affected sources that commence construction or reconstruction after June 7, 2022 would be considered new sources and must comply with the PM provisions of this rule by February 22, 2023, or upon startup, whichever is later. [88 FR 10846]

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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.