Air Toxics Notebook
Chemical Preparation Ind. -  Subpart BBBBBBB

Applicability: eCFR Subpart BBBBBBB [ecfr.gov]

Subpart BBBBBBB applies to new and existing chemical preparation at area sources of HAP* with mixing, blending, milling, and extruding operations to manufacture chemical preparations. Chemical preparation means a target HAP-containing product, or intermediate used in manufacturing other products, manufactured in a process described by NAICS code 325998 if the operation manufactures target HAP-containing products.

Target HAPs are: Chromium (IV), lead, and nickel > .1% by weight and Chromium (III) and manganese > 1.0% by weight.

Not subject to this rule: Manufacturing of indelible ink, India ink, writing ink, and stamp pad ink or sources subject to 40 CFR Part 63 Subpart VVVVVV or CCCCCCC.

*An area source of HAP has the potential to emit <10 tons per year (tpy) of a single HAP or <25 tpy of a combination of HAPs.
Rules apply to small, area sources? Yes
Known Sources in NDEQ Jurisdiction:
Date of Original Final Rule: 12/30/09
Amendments Dates: 12/30/2009 - Final Rule
State Regulations (Title 129): As of September 28, 2022: Title 129, Chapter 13, 002.117

Previously: Title 129, Chapter 28, Section 001.117.

Sources are also responsible for ensuring they are in compliance with current federal requirements found for this subpart in the CFR.
Federal Regulations: 40 CFR 63.11579
Related Rules:

NESHAP - 40 CFR Part 63

Subpart VVVVVV - Chemical Mfg. - Area Sources
Subpart CCCCCC - Paint & Allied Products
Regulations and Federal Registers: eCFR Subpart BBBBBBB [ecfr.gov]

(See attached file: 7B - Fed. Reg. 12-30-2009 - final rule.pdf)

(See attached file: 7B - Fed. Reg. 09-05-2009 - proposed rule.pdf)

SizeFile Name
183 KB 7B - Fed. Reg. 12-30-2009 - final rule.pdf
256 KB 7B - Fed. Reg. 09-05-2009 - proposed rule.pdf
Forms: (See attached file: 6B - Compliance and Initial Notification Form.docx)(See attached file: 6B - Compliance and Initial Notification Form.pdf)(See attached file: 6B - Notice of Intent Op Limits.docx)(See attached file: 6B - Notice of Intent Op Limits.pdf)
SizeFile Name
46 KB 6B - Compliance and Initial Notification Form.docx
197 KB 6B - Compliance and Initial Notification Form.pdf
47 KB 6B - Notice of Intent Op Limits.docx
130 KB 6B - Notice of Intent Op Limits.pdf
Important Dates: Source Classification
  • Existing Source = constructed or reconstructed before 8/5/09
  • New Source = constructed or reconstructed on or after 8/5/09
Initial Notification
  • Existing source = 4/29/10
  • New source = 4/29/10 or 120 days after startup
Compliance Dates
  • Existing source = 12/30/2010
  • New source = 12/30/09 or upon startup
Notice of Intent to Test
  • 60 days prior to test
Compliance Status Notification
  • Existing Source = 2/28/11 or 60 days after performance test
    • New Source = 2/28/10 or 60 days after compliance date or performance test
Compliance Reports
  • No deviations
    • Annual
    • First report covers period beginning on compliance date up to December 31
    • Subsequent reports cover January 1- December 31
    • Submit by January 31
  • Deviations
    • Semiannual
    • Covers period beginning on compliance date up to June 30 or December 31, whichever is the first date following the end of the first calendar half after compliance date
    • Due July 31 or January 31, whichever follows the above period
    • Subsequent reports
      • January 1 – June 30 and due July 31
      • July 1 – December 31 and due January 31

FAQs, Fact Sheets, and Rule Summaries:
EPA's Subpart BBBBBBB Website [epa.gov]

(See attached file: 7B EPA Webinar 32310.pdf)

SizeFile Name
37 KB 7B EPA Webinar 32310.pdf
Presentations, Training and Articles:
Other Information and Resources:
Notes:
Page Last Updated: 11/1/22