The amended Chemical Manufacturing Area Source (CMAS) Rule, 40 CFR Part 63, Subpart VVVVVV, was signed at the end of last week. This amendment addresses several reconsideration requests, including the requirement for facilities with subject Chemical Manufacturing Process Units (CMPUs) to obtain a Title V operating permit. According to the signed rule, "Any area source that installed a federally-enforceable control device on an affected CMPU is required to obtain a permit under 40 CFR part 70 or 40 CFR part 71 if the control device on the affected CMPU is necessary to maintain the source's emissions at area source levels." Please note that this is slightly different than what was proposed in the January 2012 amendments. Additionally, it should be noted that while these facilities are already required to have a Federally-Enforceable State Operating Permit (FESOP), the USEPA cannot confirm that FESOPs from all state programs provide the same level of information and public participation as the Title V program.
Additional updates to the CMAS Rule include the following:
- The stays related to the Title V permit requirement and the final rule will be lifted.
- The compliance date for existing sources will be March 21, 2013.
- Sources subject to the CMAS Rule that are required to obtain a Title V permit, must submit the Title V application by December 21, 2013.
- Leak inspections are to be conducted via quarterly sensory inspections instead of "direct and proximal" inspections. The inspections may be completed when equipment is in volatile organic compound (VOC) service, and does not necessarily have to be in organic hazardous air pollutant (HAP) service.
- Startup, Shutdown, Malfunction (SSM) provisions have been added, including recordkeeping and reporting, as necessary. An "affirmative defense" provision for malfunctions has also been added, consistent with other recent rulemaking.
- The "family of products" definition is no longer incorporated by reference from the Miscellaneous Organics National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 63, Subpart FFFF (MON). The USEPA has provided a new CMAS‑specific definition, which states that the grouping of materials into a family is based on whether the materials “are produced using the same basic feedstocks, the same manufacturing equipment configuration and in the same sequence of steps, and whose production results in emissions of the same Table 1 HAP at approximately the same rate per pound of product produced”. In addition, the materials must have the same basic composition or the same basic end use or functionality.
- Requirements for covers and lids have been adjusted such that covers and lids can be open when access is required during manual operations as well as when metal HAP is in a form which will not result in particulate emissions.
- Several technical corrections have also been finalized.
For any CMAS Rule compliance assistance, including assistance in determining whether your facility is required to obtain a Title V operating permit or for assistance in preparation and submittal of a Title V operating permit application, please contact Michele Hammond or Inaas Darrat of Trinity's Chemical Sector Services at (713) 552-1371 ext. 209 or contact your local Trinity office at (800) 229-6655.