As part of the Clean Air Act (CAA) Amendments of 1990 (CAAA), the United States Environmental Protection Agency (EPA) promulgated new surface coating regulations that applied to a specific domain of pollutants referred to as air toxins, or more formally as hazardous air pollutants (HAPs). The list of HAPs can be found online. These regulations, known as National Emissions Standards for Hazardous Air Pollutants (NESHAPs), were established for specific source categories of operations, including surface coating operations related to the manufacture or repair of items such as large appliances, metal furniture, automobiles and light-duty trucks, and other miscellaneous metal and plastic parts. A list of the current NESHAPs can be found online

With few exceptions, the original NESHAPs publicly declared in the 1990s and early 2000s applied only to major sources of HAPs. A major source of HAPs is defined as a facility that emits, or has the potential to emit, at least 10 tons per year of a single HAP or at least 25 tons per year of aggregate HAPs. A facility that does not meet the major source threshold is referred to as a minor, or area, source.

A facility that is a major source of HAPs with operations meeting the definition of a NESHAP source category (regardless of whether that source operation is the primary activity at the facility) is required to employ the maximum available control technology (MACT) to reduce HAP emissions. As such, NESHAPs are commonly referred to as MACT standards. As with NSPS and state and local agency regulations, the focus of surface coating MACT standards was organic compounds (VOCs for NSPS, organic HAPs for NESHAPs).

Many facilities with activities that would potentially be regulated under the major source surface coating MACT standards recognized that they could accept enforceable emissions limits through a permitting process that reduced emissions below the major source HAP thresholds and thereby avoided the MACT standards entirely. These facilities thought that MACT was a thing of the past and would not be an issue for them to contend with in the future. However, lurking in the background since the declaration of the original major source NESHAP standards of the 1990s and 2000s has been the concept of “area source standards,” one of which is the topic of this article. But before reviewing this particular rule, a review of the background of the area source standards is warranted. Following the review, this article will provide an overview of the affected operations, present the timeframe for compliance, describe the requirements for affected operations, and summarize the notification, reporting, and recordkeeping requirements.

Area Source Standards

At the direction of the CAA and as part of its Integrated Urban Air Toxics Strategy (IUATS), the EPA has and continues to develop standards to control toxic air pollutants from area sources. The CAA required the EPA to identify a list of at least 30 air toxins that pose the greatest potential health threat in urban areas. The CAA also required the EPA to identify and list the area source categories that represent 90% of the emissions of the 30 urban air toxins associated with area sources and regulate them under CAA [section 112(d)]. Through three separate listings, the EPA has identified a total of 70 area source categories that represent 90% of the emissions of the 30 listed air toxins. Of these 70 area source categories, 28 were regulated by June 2007, and the remaining area source standards are under development. Details regarding the area source standards can be found at online.

In January 2008, the EPA promulgated a NESHAP for paint stripping and miscellaneous surface coating operations at area sources (40 CFR Part 63, Subpart HHHHHH). The rule can be found in the January 9, 2008, issue of the Federal Register (Vol. 73, No. 6, pages 1737–68). Therefore, facilities not previously subject to a major source MACT standard due to its area source status may now be subject to this new rule. Although compliance with this area source MACT is not expected to be as onerous as a MACT standard for major sources, a facility will need to develop and implement management and work practice standards for the life of its operations, in addition to notification, reporting, and recordkeeping requirements. The following sections provide an overview of Subpart HHHHHH, beginning with the question: “Does this rule apply to my operations?”

What Operations Are Affected by Subpart HHHHHH?

Subpart HHHHHH establishes emissions standards for area sources involved in the following activities:

• Paint stripping operations that use chemical strippers that contain methylene chloride for the removal of dried paint from wood, metal, plastic, and other substrates as either an independent activity where paint stripping is the principal activity or an activity incidental to the principal activity at the source. For the purposes of this rule, paint includes enamel, varnish, shellac, and lacquer.
• Autobody refinishing operations that consist of motor vehicle and mobile equipment spray-applied surface coating operations, including mobile repair and refinishing operations that travel to the customer’s location.
• Spray application of surface coatings containing compounds of chromium, lead, manganese, nickel or cadmium (these five metal HAPs are referred to as “target HAPs”) to any part or product made of metal and/or plastic (but that are not motor vehicle or mobile equipment).

The affected activities include:

• Mixing rooms and equipment spray booths, ventilated prep stations, curing ovens, and associated equipment.
• Spray guns and associated equipment.
• Spray gun cleaning equipment.
• Equipment used for storage, handling, recovery, or recycling of cleaning solvent or waste paint.
• Equipment used for paint stripping activities.

It is interesting to note that Subpart HHHHHH specifically excludes surface coating operations (but not paint stripping activities) that meet the definition of “facility maintenance” under Subpart HHHHHH. In summary, the definition of facility maintenance under Subpart HHHHHH means surface coating performed as part of the routine repair or renovation of the tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity. However, the exclusion does not include surface coating of motor vehicles, mobile equipment, or items that routinely leave and return to the facility, such as delivery trucks, rental equipment, or containers used to transport, deliver, distribute, or dispense commercial products to customers, such as compressed gas canisters.

Subpart HHHHHH further excludes additional activities [refer to 40 CFR §63.11169(d) for a complete description], such as surface coating or paint stripping activities that meet the Subpart HHHHHH definition of “research and laboratory activities” or “quality control activities.” Surface coating or paint stripping that is specifically covered by another area source NESHAP is exempt from Subpart HHHHHH.

The applicability of Subpart HHHHHH is fairly straightforward with respect to paint stripping operations. If your paint stripping operation uses methylene chloride or methylene chloride–containing materials, then you are affected by this subpart. However, the applicability of Subpart HHHHHH to surface coating operations hinges on the subpart’s definition of “coating.”

Under Subpart HHHHHH, coating means a material spray applied to a substrate for decorative, protective, or functional purposes. Similar to other surface coating NESHAPs, the term “coating” does not include decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances. However, contrary to other surface coating NESHAPs that affected surface coating operations regardless of the application method, Subpart HHHHHH is limited to spray-applied coatings. It does not include hand-held, non-refillable aerosol containers.

Manual or non-atomized application techniques such as brushes, rollers, dip coatings, or thermal spray coatings are not regulated under Subpart HHHHHH. In addition, adhesives, sealants, maskants, or caulking materials are not considered coatings under Subpart HHHHHH, which is also contrary to other surface coating NESHAPs.

At this point, an environmental, health, and safety (EHS) professional or a facility manager should have a good idea as to whether Subpart HHHHHH applies to a particular facility. If a facility does not have a regulated activity at its location, no further action is required. However, if it appears that your facility will be affected by this regulation, the next question should be: “When do I have to comply with this rule?” The next section of the article discusses the compliance timeline for “new sources” and “existing sources.”

Timeframe for Compliance

Subpart HHHHHH established September 12, 2007, as the applicability date to classify a facility as a new source or an existing source. This classification will establish a facility’s compliance date. Simply put, if a facility was using equipment to perform affected paint stripping or surface coating equipment activities prior to September 12, 2007, it is considered an existing source for the purposes of Subpart HHHHHH and has until January 10, 2011, to comply with the requirements. The audience for this article most likely comprises facilities that are considered existing sources.

For facilities that commenced construction of an affected source after September 17, 2007, but before January 9, 2008, the compliance date was January 9, 2008. If construction commenced after January 9, 2008, the compliance date is the date of initial startup of the affected source. These dates are important to remember for companies proposing or currently undergoing expansions at established facilities or considering the construction of new facilities that will include affected activities.

Now that we have discussed whether a facility is subject to Subpart HHHHHH and when it must comply, let us examine the NESHAP requirements for the three regulated activities, beginning with paint stripping operations.

Requirements for Paint Stripping Operations

Compliance with requirements for paint stripping operations is based on the implementation of management practices that minimize evaporative losses of methylene chloride. Each paint stripping operation that has an annual usage of more than one ton of methylene chloride must develop and implement a written methylene chloride minimization plan to minimize the use and emissions of methylene chloride. Management practices involve using a methylene chloride–containing paint stripping material when an alternative on-site stripping method or material is not adequate (or as the stated in the Federal Register, “incapable of accomplishing the work as determined by the operator”), and they must address the following five requirements:

1. evaluate each application to establish a need for paint stripping (e.g., evaluate whether it is possible to recoat the substrate without removing the existing coating);
2. evaluate each application where a paint stripper containing methylene chloride is used to establish that there is no alternative paint stripping technology that can be used (e.g., non- or low methylene chloride–containing strippers, mechanical stripping, dry or wet media blasting, or thermal and cryogenic decomposition);
3. reduce exposure of paint strippers containing methylene chloride to the air;
4. optimize application conditions when using paint strippers containing methylene chloride to reduce methylene chloride evaporation (e.g., if the stripper must be heated, maintain the temperature as low as possible to reduce evaporation); and
5. practice proper storage and disposal of paint strippers containing methylene chloride (e.g., maintain closed, air-tight containers).

Sources are required to notify the EPA or the delegated state permit authority that they have developed a methylene chloride minimization plan. Sources must maintain a copy of the plan on site. The plan must be reviewed annually and updated as needed based on the experiences of the previous year or the availability of new stripping methods. Records of the reviews and changes made to the plan must be maintained on site. Also, a sign outlining the methylene chloride minimization plan must be posted in each area where affected paint stripping operations occur.

Paint stripping operations with an annual usage of less than one ton per year must comply with the five aforementioned requirements, but they are not required to develop and implement a written methylene chloride minimization plan.

Finally, each paint stripping operation must, at all times, maintain on-site records of annual usage of paint strippers containing methylene chloride.

Requirements for Surface Coating Operations

The requirements for surface coating operations are based largely on spray application techniques and painter training. Therefore, this may result in new capital and resource expenditures for affected facilities. The following summarizes the requirements for motor vehicle and mobile equipment surface coating operations and miscellaneous surface coating operations that spray-apply coatings containing the target HAP. Remember that you are not subject to Subpart HHHHHH if your operations do not meet the applicability criteria, previously described in detail.

All affected surface coating operations that spray-apply coatings must apply the coatings with a high-volume, low-pressure (HVLP) spray gun, electrostatic spray gun, airless spray gun, air-assisted airless spray gun, or a gun demonstrated to be equal in transfer efficiency to an HVLP spray gun. All spray-applied coatings must be applied in a prep station or spray booth. For motor vehicle and mobile equipment surface coating, prep stations and spray booths that are large enough to hold a complete vehicle must have four complete side walls or curtains and a complete roof. For motor vehicle and mobile equipment sub-assemblies and for miscellaneous surface coating, coatings must be spray applied in a booth with a full roof and at least three walls or side curtains.

Openings are allowed in the side walls and roof of booths used for miscellaneous surface coating to allow for parts conveyors, if needed. The exhaust from the prep station or spray booth must be fitted with filters demonstrated to achieve at least 98% filter efficiency of paint overspray. Additionally, surface coating sources subject to the standards are required to comply with management practices by demonstrating that all painters that spray apply coatings have completed training in techniques to minimize paint overspray and that no spray gun cleaning is performed by spraying solvent through the gun, thereby creating an atomized mist (i.e., spray guns are cleaned in an enclosed spray gun cleaner or by cleaning the disassembled gun parts by hand).

Initial painter training will be valid for a period of five years, and refresher training must be repeated at least once every five years. Painters that have completed training in the last five years before the compliance date will be able to use that training to satisfy this requirement. To comply with the painter training requirements, all spray painters at new sources must complete training no later than 180 days after hiring or 180 days from the Subpart HHHHHH notice date, whichever is later. All spray painters at existing sources must complete training no later than three years from the Subpart HHHHHH notice date or no later than 180 days after hiring, whichever is later. The initial and refresher training (both hands-on and classroom instruction) must address the following topics to reduce coating overspray and emissions:

1. Spray gun equipment selection, set up, and operation, including measuring coating viscosity, selecting the proper fluid tip or nozzle, and achieving the proper spray pattern, air pressure and volume, and fluid delivery rate.
2. Spray technique for different types of coatings to improve transfer efficiency and minimize coating usage and overspray, including maintaining the correct spray gun distance and angle to the part, using proper banding and overlap, and reducing lead and lag spraying at the beginning and end of each stroke.
3. Routine spray booth and filter maintenance, including filter selection and installation.
4. Environmental compliance with the requirements of this subpart.

The training program must include a list of all current personnel, by name and job description, who are required to be trained. The program must also include a description of the methods to be used at the completion of initial or refresher training to demonstrate, document, and provide certification of successful completion of the required training.

It is important to note that spray application of surface coatings is prohibited by persons who are not certified as having completed the required training.

Notifications, Reporting, and Recordkeeping Requirements

An affected facility’s work is not limited to compliance with the aforementioned requirements. As with other NESHAPs, initial and continuous compliance is demonstrated through notifications, reporting, and recordkeeping requirements. Since many facilities subject to Subpart HHHHHH are not familiar with the typical notification, reporting, and recordkeeping requirements under a NESHAP, the requirements for Subpart HHHHHH are subsequently provided in detail. These requirements include an initial notification, a Notification of Compliance Status (NOCS), annual Notification of Changes Report, and equipment (e.g., spray gun documentation and filter efficiency) and painter training records. The reader is referred to Subpart HHHHHH for the minimum contents of the required notification, reports, and records.

Initial Notification

All sources must submit an initial notification to the EPA or to a delegated state or local air pollution control agency (with a copy sent to the EPA unless the EPA regional office has waived the dual-reporting requirement). New sources need to submit the initial notification no later than 180 days after initial startup, or no later than 180 days after the Subpart HHHHHH notice date, whichever is later. Existing sources need to submit the initial notification no later than one year before their compliance date (i.e., the initial notification is due January 10, 2010). For new sources, the initial notification will also serve as an announcement on whether the source is in compliance. For existing sources, the initial notification must indicate whether the source is already in compliance or that it will be brought into compliance by the existing source compliance date.

NOCS

All existing sources that did not state in their initial notification that they were already in compliance with the management practices and equipment requirements prescribed in the final rule must also submit a NOCS. The NOCS must be submitted no later than 60 days after the compliance date for existing sources (March 11, 2011). The NOCS must certify that the source is in compliance with the applicable requirements for the activities being performed.

Annual Notification of Changes Report

Sources are only required to submit an annual report to the EPA or to state or local air pollution control agencies if any information in the initial notification, NOCS, or in a previous annual report has changed in the previous calendar year. If an annual report is needed, it must be submitted prior to March 1 of each calendar year in which the reportable changes have occurred.

Recordkeeping

All sources must keep records sufficient to demonstrate that they are in compliance at all times. You must maintain copies of the records for a period of at least five years after the date of each record. Copies of records must be kept on site and in a printed or electronic form that is readily accessible for inspection for at least the first two years after their date, and they may be kept off site after that two-year period.

Conclusions

The key concepts and requirements of Subpart HHHHHH were presented to provide affected sources with a basic understanding of the regulation. As with any new regulation, environmental managers and plant management want (and need) to know how it will affect their facility on many levels, including the economic impact. New regulations such as Subpart HHHHHH might mean capital expenditures to comply with the rule (e.g., purchasing of HVLP spray guns, upgrading spray booth filters, or purchasing dry media blasting equipment in lieu of performing chemical paint stripping). In addition, training of current painters also requires time away from production and money. Hiring of only certified and trained painters could result in an increase in hourly wages, making the candidate hiring pool smaller and potentially affecting already-established operating budgets for a facility.

In the case of other NESHAPs that apply to major sources, a facility could avoid being an affected source by accepting enforceable permit limitations on their facility’s HAP emissions by the NESHAP’s compliance deadline. If implemented successfully, the NEHSAP’s impact is minimized. However, in the case of Subpart HHHHHH, there is no permit mechanism available to avoid its applicability. Therefore, a facility is essentially forced to comply or abandon (e.g., discontinue or outsource) the Subpart HHHHHH–regulated activities. Ironically, an area source NESHAP such as Subpart HHHHHH, which applies to “minor” HAP sources, may have a greater impact on facilities that are (or were potentially) affected by a major source NESHAP.

As stated earlier, compliance with Subpart HHHHHH for existing sources is not required until January 2011. However, a facility should begin evaluating its available compliance options as soon as possible, including whether continuing the subject activities is both technically and economically feasible. The key to the evaluation is to be proactive, keeping in mind that some options such as requiring material suppliers to reformulate materials to provide new alternate compliant materials (e.g., paint strippers without methylene chloride or coatings without target HAP) may require time and money. New sources, which must comply with Subpart HHHHHH, must be prepared to comply upon startup. Therefore, the evaluation of available compliance options for new sources must be included as part of the overall design, engineering, and planning activities from the onset.

The EPA’s Subpart HHHHHH website and general NESHAP website can serve as valuable resources for complying with this regulation.

For additional questions regarding Subpart HHHHHH, please contact the EPA’s technical contact, Ms. Kim Teal, via phone at (919) 541-5580, by e-mail, or contact the author of this article.

Bio

Mark Wenclawiak works for O'Brien & Gere in its Atlanta, Ga., office and leads the environmental compliance services for the firm’s Southeast region. He has more than 14 years of experience in providing nationwide, multi-media environmental compliance services, including permitting, auditing, and regulatory applicability and compliance and applicability evaluations in various industrial sectors. Wenclawiak’s expertise resides in air quality services, including New Source Review permitting and NESHAP compliance services. He has authored three previous articles for Metal Finishing regarding surface coating NESHAPs that focused on the impact for the automotive industry.