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Chemicals Manufacturing

Existing facilities subject to the Chemical Manufacturing rule (40 CFR 63 Subpart 6V) are required to submit a Notification of Compliance Status (NoCS) by October 29, 2012. A new or reconstructed facility should submit a NoCS upon startup. A sample Notification of Compliance Status can be found on the EPA website. Submit the NoCS to the State of TN Division of Air Pollution Contol:

Air Pollution Control
ATTN: Chemical Manufacturing Notification of Compliance Status
15th Floor William R. Snodgrass Tennessee Tower
312 Rosa L. Parks Avenue
Nashville, Tennessee 37243

The Environmental Protection Agency published new regulations on October 29, 2009, that impact chemical manufacturing facilities. The rule was issued to reduce air toxics from affected facilities that use or make any of 15 different chemicals.

Affected facilities are the owners or operators of a Chemical Manufacturing facility that:

  • 1. has emissions of less than 10 tons per year of any single hazardous air pollutant (HAP) listed below or less than 25 tons per year of a combination of two or more of the HAPs listed below.
  • 2. uses as feedstock, generates as byproducts, or produces as products any of the following chemicals:
  • a. Organic compounds: 1,3 butadiene; 1,3 dichloropropene; Acetaldehyde; Chloroform; Ethylene dichloride; Hexachlorobenzene; Methylene chloride; Quinoline; Hydrazine
  • b. Metal Compounds: Arsenic compounds; Cadmium compounds; Chromium compounds; Lead compounds; Manganese compounds; Nickel compounds
  • 3. One or more of the above chemicals are present in feedstocks, are generated, or produced by the CMPU and are present in process fluid at concentrations greater than 0.1 percent for carcinogens and greater than 1.0 percent for noncarcinogens.

What does the Rule Require?

An Initial Notification

The regulations require affected sources to notify regulatory agencies that the rule applies to them. This notification requirement is referred to as an Initial Notification. Existing sources (started on or before October 6, 2008) needed to have submitted Initial Notification to the TN Division of Air Pollution Control by February 26, 2010. Please submit as soon as possible if you have not done so. New sources (constructed after October 6, 2008) must submit no later than 120 days after start-up. You must state that the Notification is submitted to meet the requirements of the Federal National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources 40 CFR 63 Subpart VVVVVV. A sample initial notification is available.

A Notification of Compliance

Please note that existing facilities have until October 29, 2012 to actually comply with the rules' operating requirements. A Notification of Compliance Status must be submitted once a facility is in compliance with the rule, not later than October 29, 2012 for existing affected source. New affected sources (commenced construction/reconstruction after October 6, 2008) must comply with the rule, and submit both an Initial Notification and a Notification of Compliance Status upon startup.

Who is NOT required to submit the notifications?

If your facility is subject to any of the following Federal regulations or listed activities, you are not subject to the Chemical Manufacturing Area Source rule:

  • 1. Subject to the requirements of the following Federal rules:
  • 2. A research and development process unit
  • 3. A manufacturer of radioactive elements or isotopes, radium chloride, radium luminous compounds, strontium, or uranium
  • 4. The manufacturer of photographic film, paper, or plate where the material is coated with or contains chemicals is exempt. The manufacture of photographic chemicals is NOT exempt.
  • 5. Fabricating operations such as spinning or compressing a solid polymer into its end use; compounding operations; or resolidification of a solid polymer.
  • 6. Quality assurance/quality control laboratories
  • 7. Ancillary activities such as boilers, incinerators, chillers, and other equipment and activities not directly involved (operate within a closed system) with the manufacturing process.
  • 8. Metal HAP in structures or existing as articles

Sample initial notification

EPA Brochure on the Chemical Manufacturing Area Source rule

Link to the complete rule for National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources 40 CFR 63 Subpart VVVVVV

You may also need additional permits. The Environmental Permit Handbook contains links and information about the different permits as well as flow charts to determine if your facility requires a particular permit. Some of the more commonly needed permits are listed below.

Air Pollution

In Tennessee, air pollution is regulated in five geographical areas:
Davidson County
Hamilton County
Knox County
Shelby County

If you are in one of the above listed counties, please contact your local air pollution control as their rules may be different from the state rules. The other ninety one counties are regulated directly by state Air Pollution Control.

Hazardous Waste

Chemical manufacturers may be classified as small quantity generators or large quantity generators of hazardous waste by the state Division of Solid and Hazardous Waste Management. A permit would be required for the treatment, storage, or disposal of hazardous waste from manufacturing processes.

Water Pollution

Chemical manufacturers who discharge process water to a publicly owned treatment works (POTW) must obtain a permit from the operator of the POTW. A state NPDES Permit is required for discharge of process water to surface waters.Manufacturers may also need a permit for storm water runoff.

For more information about Tennessee's Small Business Environmental Assistance Program, please contact the program at 1-800-734-3619 or by email at bgsbeap@tn.gov