Federal Clean Air Act

Florida Protective Coatings compliance - July 18 2007

Federal clean air act audit check list

Requirement

yes

no

N/A

Are We Subject to this Regulation - See text Below

X

Labeling

 Does Our Product Label Contain the following
1. The date of manufacture or a code indicating manufacturing date

X (ExampleDate.jpg)
2. Recomended Thinning Requirements

X (WB)

X
3. VOC Content

X (temp TBD)
4. Special information if it’s an industrial maintenance or recycled coating.

X

VOC content of coatings
1.Is the VOC content I determined for my coating compliant with the content limit in the regulation?

X
2.Did I use EPA Method 24or another means to determine VOC content?

X

temp/interim Formulation Data and use of EPA VOC Calculator from EPA Web Site -- Ongoing work to qualifiy using M-24 (Results Link)
3.If I did not use EPA Method 24, am I confident that the coating would be in compliance if tested with Method 24?

X

Reporting: Did I submit the required reports to EPA?
1. Initial notification report of manufacturing facility locations, coating categories being manufactured or imported, and date code explanation.

X

(linkto PDF)
2.Periodic reports with the required information:

X

(this living Doc)

Recordkeeping:Did I keep the following records for 3 years?

X

Section 183(e) Clean Air Act


(c) Alternative Control Techniques.- Within 3 years after the date of the enactment of the Clean Air Act Amendments of 1990, the Administrator shall issue technical documents which identify alternative controls for all categories of stationary sources of volatile organic compounds and oxides of nitrogen which emit, or have the potential to emit 25 tons per year or more of such air pollutant. The Administrator shall revise and update such documents as the Administrator determines necessary.

(e) Control of Emissions From Certain Sources.- (1) Definitions.- For purposes of this subsection- (A) Best available controls.- The term "best avail- able controls" means the degree of emissions reduction that the Administrator determines, on the basis of technological and economic feasibility, health, environmental, and energy impacts, is achievable through the application of the most effective equip- ment, measures, processes, methods, systems or techniques, including chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or disposal. (B) Consumer or commercial product.- The term "con- sumer or commercial product" means any substance, pro- duct (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of volatile organic compounds. The term does not include fuels or fuel additives regulated under section 211, or motor vehicles, non-road vehicles, and non-road engines as defined under section 216. (C) Regulated entities.- The term "regulated enti- ties" means- (i) manufacturers, processors, wholesale distribu- tors, or importers of consumer or commercial products for sale or distribution in interstate commerce in the United States; or (ii) manufacturers, processors, wholesale distributors, or importers that supply the entities listed under clause (i) with such products for sale or distribution in interstate commerce in the United States.

Section 114 Clean Air Act

Sec. 114. (a) For the purpose (i) of developing or assisting in the development of any implementation plan under section 110 or 111(d), any standard of performance under section 111, any emis- sion standard under section 112, [, or any regulation of solid waste combustion under section 129,] [or any regulation under sec-tion 129 (relating to solid waste combustion),]1 (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or (iii) carrying out any provision of this Act (except a provision of title II with respect to a manu-facturer of new motor vehicles or new motor vehicle engines) - (1) the Administrator may require any person who owns or operates any emission source, who manufactures emission control equipment or process equipment, who the Administrator believes may have information necessary for the purposes set forth in this subsection, or who is subject to any requirement of this Act (other than a manufacturer subject to the provisions of section 206(c) or 208 with respect to a provision of title II) on a one-time, periodic or continuous basis to - (A) establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such proce- dures or methods, at such locations, at such intervals, during such periods and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, produc- tion variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require; and (2) the Administrator or his authorized representative, upon presentation of his credentials - (A) shall have a right of entry to, upon, or through any premises of such person or in which any records required to be maintained under paragraph (1) of this section are located, and (B) may at reasonable times have access to and copy any records, inspect any monitoring equipment and method required under paragraph (1), and sample any emissions which such person is required to sample under paragraph (1). (3) The Administrator shall in the case of any person which is the owner or operator of a major stationary source, and may, in the case of any other person, require enhanced monitoring and submission of compliance certifications. Compliance certifications shall include (A) identification of the applica- ble requirement that is the basis of the certification, (B) the method used for determining the compliance status of the source, (C) the compliance status, (D) whether compliance is continuous or intermittent, (E) such other facts as the Administrator may require. Compliance certifications and monitoring data shall be subject to subsection (c) of this section. Submission of a compliance certification shall in no way limit the Administrator's authorities to investigate or otherwise implement this Act. The Administrator shall promul- gate rules to provide guidance and to implement this paragraph within 2 years after the enactment of the Clean Air Act Amendments of 1990. (b)(1) Each State may develop and submit to the Administrator a procedure for carrying out this section in such State. If the Ad- ministrator finds the State procedure is adequate, he may delegate to such State any authority he has to carry out this section. (2) Nothing in this subsection shall prohibit the Administrator from carrying out this section in a State. (c) Any records, reports, or information obtained under subsection (a) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof (other than emission data), to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or informa- tion or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act. (d)(1) In the case of any emission standard or limitation or other requirement which is adopted by a State, as part of an ap- plicable implementation plan or as part of an order under section 113(d), before carrying out an entry, inspection, or monitoring under paragraph (2) of subsection (a) with respect to such stan- dard, limitation, or other requirement, the Administrator (or his representatives) shall provide the State air pollution control ag-ency with reasonable prior notice of such action, indicating the purpose of such action. No State agency which receives notice un-der this paragraph of an action proposed to be taken may use the information contained in the notice to inform the person whose property is proposed to be affected of the proposed action. If the Administrator has reasonable basis for believing that a State agency is so using or will so use such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency will no longer so use information contained in a notice under this paragraph. Nothing in this section shall be construed to require notification to any State agency of any action taken by the Administrator with respect to any standard, limitation, or other requirement which is not part of an applicable implementation plan or which was promulgated by the Administrator under section 110(c). (2) Nothing in paragraph (1) shall be construed to provide that any failure of the Administrator to comply with the requirements of such paragraph shall be a defense in any enforcement action brought by the Administrator or shall make inadmissible as evidence in any such action any information or material obtained notwithstanding such failure to comply with such requirements. [42 U.S.C. 7414]