# Presentation: 483985

## EPA’s New Air Quality Rule for Auto Body Shops:  Paint Stripping and Miscellaneous Surface Coating at Area Sources 

- Roy Crystal
- Mary Dever-Putnam
- Susan Lancey
- U.S. Environmental Protection Agency – New England

## Overview

- Background: Why did EPA create this regulation?
- Affected sources and activities
- Compliance dates
- General requirements
- Paint Stripping
- Motor Vehicle, Mobile Equipment and Miscellaneous Surface Coating
- Notification and reporting
- Recordkeeping

**Notes:**
Here’s what I’ll cover in this presentation.

## Background: Why did EPA create this regulation?

- The Clean Air Act (CAA) requires EPA to develop air emission standards for a list of 187 hazardous air pollutants (HAPs). EPA developed standards for HAPs for “major sources.”
- The CAA also requires EPA to identify and regulate the sources that pose the greatest potential health threat from these pollutants in urban areas. In urban areas, these are generally sources that are individually small, but large in number and collectively may pose health risks  (“area sources”).
- EPA has identified 70 different area source categories for these air toxics that need to be regulated. _Autobody refinishing has been identified as one of the source categories that needs to be regulated_.

**Notes:**
Initial listing of 16 categories in 1999 included paint stripping.
Then listing in June 2002 included Auto body refinishing.
November 2002 final listing included plastic parts and products.

## Background: Why did EPA create this regulation? (cont’d.)

- The CAA requires EPA to reduce exposure to HAPs because these chemicals are known, or suspected, to cause cancer or other serious health effects, such as birth defects. Data from paint suppliers has shown that coatings used in automobile and mobile equipment refinishing contain HAPs, such as chromium (Cr), lead (Pb), cadmium (Cd), manganese  (Mn) and nickel (Ni) compounds (“target HAPs”).

**Notes:**
The reason EPA created this rule is because the metals, chromium, lead, cadmium, manganese and nickel are known or suspected toxic chemicals that impact shop workers and residents in urban communities and it’s our job to create rules that protect human health.

## Background cont’d.

- New National Emission Standard for Hazardous Air Pollutants (NESHAP): Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources published 1/9/08 (73 FR 1738)
- Area Sources - federal **potential **HAP emissions less than 10 tons per year (TPY) of any one, and less than 25 TPY of all combined

**Notes:**
The new rule was published in the federal register on January 9th, 2008 and it covers sources including body shops that emit less than 10 tons per yr of potential emissions of any 1 target HAP and less than 25 tons per yr potential emissions of all target HAPs combined.  So we’re throwing a big net to cover all these sources.

## Why We are Here – EPA’s Assistance and Enforcement

- One of EPA’s roles is to see that environmental laws are carried out (that pollution is reduced or eliminated)
- EPA provides compliance assistance but also monitors compliance through inspections, inquiries, data review, etc.
- With new regulations there is generally an initial period of assistance and training before they take effect (three years for existing shops for this new air pollution rule)
- These workshops are designed to help you understand what you have to do to comply with the regulations well in advance of the compliance deadline

## EPA’s Civil and Criminal Enforcement Programs

- EPA may assess penalties for violations of federal environmental laws
- EPA can enforce environmental laws under both civil and criminal authorities
- It’s your affirmative duty to find out about, and comply with, all federal environmental compliance requirements
- You are still subject to civil enforcement even if you don’t know about a law or regulation
- Criminal enforcement is taken for knowing violations of environmental laws and regulations
- You can report any suspected violations to EPA at _[http://www.epa.gov/compliance/complaints](http://www.epa.gov/compliance/complaints)__ in English or Spanish_

## State and Local Requirements

- In addition to federal regulations, you should be aware that states and municipalities also create laws and regulations and carry out enforcement.  You are urged to find out about state and municipal requirements that pertain to your operations.
- For this new air regulation, state environmental agencies may elect to accept delegation of authority.

**Notes:**
This slide provides a reminder that shops are subject to requirements at the local and state level as well as federal level.  For this new regulation, states may decide that they want enforcement authority and if your state accepts the enf authority, state inspectors could inspect your facility after the compliance dates.  Currently no NE state has expressed interest in accepting enf authority but that may change.  Several states outside NE are moving toward accepting delegation of authority.

## Three Affected Source Categories

- Paint stripping operations
-  using Methylene Chloride (MeCl) to remove dried paint from wood, plastic, metal or other
- Motor vehicle and mobile equipment spray-applied surface coating operations
- Miscellaneous surface coating
- spray application of coatings containing Cr, Pb, Mn, Ni, or Cd (target HAPs) to any metal or plastic parts or products that are not motor vehicles or mobile equipment

**Notes:**
Businesses that conduct paint stripping operations that consist of using methylene chloride to remove paint are subject to this regulation.  Businesses that apply surface coatings to motor vehicles are subject to this regulation.  Businesses that spray coatings that contain chrome, lead, manganese, nickel or cadmium to a metal or plastic parts that are not motor vehicles or mobile equipment are all subject to this regulation.  So, the rule doesn’t just impact body shops, it impacts paint strippers (such as floor strippers, some marinas and other businesses.)

## Sources NOT affected

- Armed Forces, NASA, or National Nuclear Security Administration operations performing affected activities
- Affected activities performed on military munitions or equipment for use by Armed Forces
- Affected activities performed by individuals on personal vehicles, possessions, or property as a hobby or maintenance, or done by individuals for others without compensation (pay).  However, if you spray-apply coatings to more than two motor vehicles per year, you are subject regardless of whether compensation is received

**Notes:**
This slide represents the list of sources that are not subject to this regulation and are mostly military-related surface coating operations, hobbyists (people who are not in the business of surface coating but do it as a hobby)

## Sources NOT affected contd.

- Research and laboratory activities
- Quality control activities
- Activities covered under any other area source NESHAP
- Motor vehicle and mobile equipment spray-applied surface coating operations who successfully _**petition**_ EPA for exemption, demonstrating that no target HAPs used in any coatings

**Notes:**
Also exempted are research labs and quality control activities.
The rule allows for sources or shops to make a case that they are using coatings that don’t contain targeted metals.  
You can petition EPA to be exempted from the rule but you have to provide data such as the manufacturer’s formulation data (MSDS sheets) or testing data (expensive) to prove that your operations don’t result in emission of the targeted metals.  See example of MSDS in your folder –pg 2.

## Activities NOT included

- Spray-applied applications:
- using hand-held device with a cup capacity no more than 3.0 fluid ounces (89 cc)
- powder coating
- hand-held, non-refillable aerosol containers
- non-atomizing technology
- brushes, rollers, hand wiping
- coating techniques – flow, dip, electrodeposition, web, coil
- touch up markers or marking pens
- thermal spray operations using solid metallic or non-metallic materials

**Notes:**
This slide represents a list of activities not covered by the rule.  If you’re only performing these types of activities, you are not covered by the rule. (unlikely for your typical body shop due to coating quality concerns) 

## Activities NOT included contd.

- affected coatings1 do not include:
- decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination
- paper film or plastic film that may be pre-coated with adhesive
- adhesives, sealants, maskants, or caulking materials
- temporary protective coatings, lubricants, or surface preparation materials
- in-mold coatings that are spray-applied in the manufacture of reinforced plastic composite parts
- 1 Coating means a material spray applied to a substrate for decorative, protective, or functional purposes.

**Notes:**
More activities not included in the regulation.

## How Can My Shop Become Exempt from this Rule?

- You must send a request for an exemption (“petition”)  to EPA Region 1
- Your “petition” must include a description of all the coatings that you spray-apply
- You must certify that you do not spray-apply any coatings that contain any of the five key metals called “target HAPs” – compounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni) or cadmium (Cd)

**Notes:**
This new rule is designed to encourage shops to switch away from use of toxic metals by allowing auto body shops the opportunity to become completely exempt from it if you demonstrate that you do not use them. Petitioning for an exemption may seem complicated but it’s a great way to go. 

## Advantages of Switching to Coatings that Don’t ContainToxic Metals

- Understanding what you and your employees are breathing
- Protecting health – you, your employees, your customers, your neighbors
- Save time and money - cost of complying with new EPA air rule
- Manufacturers have been reducing metals content so alternative coatings not containing metals may be available

**Notes:**
Through the research you do  you will understand the impact of metals on the health and safety of you and your employees.  Switching away fro using the target HAP metals will reduce the health risk you face. If you get can get an exemption it will save you the time and money you would have had to spend to comply with EPA’s new air regulation. Manufacturers have been cutting the levels of metals in coatings so alternative coatings not containing metals are increasingly available for all of your needs.

## How to Show that Your Coatings Don’t Contain Target HAPs

- A coating contains the target HAP if it contains any “individual target HAP” that is a carcinogen as defined by OSHA at more than 0.1% by mass, or more than 1% for any other individual target HAP
- You need to determine what metal HAPs are in your coatings – review available information and contact your manufacturer or paint distributor
- You can check the manufacturers’ website, or rely on material safety data sheets (MSDSs) from the manufacturer, as long as they represent each target HAP compound in the material; or conduct testing (expensive)
- Water-based coatings may not be free of target HAP; you need to check

**Notes:**
What EPA really wants you to do is to find out what metals are in all of your coatings by looking at the info you have, especially MSDSs for all your and contacting your paint distributor, manufacturer, or trade association representative.   This was not a focus of the state and federal regulations previously so this information may have been hard to come by but manufacturers are focusing on it now, and EPA is doing training along with your trade associations, and collecting information. so it should gradually become readily available.  EPA will work with you to help you figure it out.  Don’t be afraid to contact us. 

## Submitting a Petition for Exemption

- Sources in New England must submit the request to U.S. EPA New England
- Petition must include a description of the coatings you spray-apply, including product lines, manufacturers and types of coatings used; and your certification that you do not spray-apply any coatings containing the target HAP (signed by responsible official)
- Additional information will be requested as needed (e.g., the documentation you relied upon, copies of MSDS sheets)
- EPA regions and individual facilities may vary in information needed and requested
- Sources in New England may contact Susan Lancey with questions at 617-918-1656, _[Lancey.Susan@epa.gov](mailto:Lancey.Susan@epa.gov)__ _

**Notes:**
A number of sources in EPA Region 4 and elsewhere  are now applying for exemptions, so the details of how to do so are being worked out.   The first few applications will be a learning curve but over time it will become more routine.  Regions will vary.  In Region 1 we are working to make this process as easy as possible for shops.  EPA will work with you to help you figure it out.  Don’t be afraid to contact us. 

## New Sources

- A source is new if
- Source commenced construction after September 17, 2007 by installing new equipment; and
- The new equipment is used at a source not actively engaged in paint stripping and/or surface coating prior to September 17, 2007
- construction of new paint booths, enclosed spray gun cleaners, paint stripping equipment to reduce MeCl emissions, or spray guns to comply with the rule do not make an existing source new

**Notes:**
New auto body shops have an earlier compliance requirement date.  If your shop started construction by installing new eqpt by Sept 17 2007 and you weren’t conducting paint stripping or surface coating before 9/17, you are considered to be a new source.

## Compliance Dates

- New sources must comply by January 9, 2008 or start-up of operations
- Existing sources must comply by January 10, 2011

**Notes:**
New sources are required to comply with these regulations beginning Jan 9th 2008 today or when they commence operations.

Existing sources, you get a bit of a break – you have three years to come into compliance – by Jan 9 2011.

## Requirements for Paint Stripping

**Minimize emissions of MeCl** using the following management practices
- Evaluate each application for need to remove paint (e.g. can part be re-coated)
- Evaluate each application for alternative to MeCl
- Reduce exposure of MeCl strippers to air
- Optimize conditions when using MeCl to reduce evaporation (e.g., if heating, use lowest possible temperature)
- Use proper storage and disposal techniques

**Notes:**
As mentioned, paint stripping requirements in the rule effect sources that use Methylene Chloride.  Here are the activities required to minimize the emissions of Methylene Chloride.  Review each application and decide if the paint needs to be removed – maybe it could be recoated.  Decide whether there is a better option than using MeCl.  Reduce exposure of MeCl to the air (reduce amounts, cover containers, etc.) Reduce evaporation by using MeCl at low temperatures.  Properly store (close) and dispose of MeCl containers, waste.

## Requirements for Paint Stripping

- If operation uses more than one ton of MeCl in a year
- Develop and implement a written MeCl minimization plan
- Post the plan in areas where activity occurs
- If operation uses one ton of MeCl or less
- No written plan is required, but must comply with minimization management practices

**Notes:**
Over a certain threshold (>1 ton/yr) you’ll need to develop a plan to minimize MeCl.  If you use less than 1 ton/yr, you’ll still need to practice minimization techniques but no plan will be req’d.

## Motor Vehicle, Mobile Equipment and Misc. Surface Coating Compliance

- Painters must be certified as completing training in proper spray application of surface coatings, setup and maintenance of spray equipment
- Except students of accredited surface coating training program who are under the direct supervision of an instructor who is certified

**Notes:**
SO what are the painting requirements?  Painters need to be certified as having completed training that covers spray application techniques, as well as setup and maint of spray eqpt.  Only students at training programs who are under direct supervision of a certified trainer are not required to be certified.  So, students in an auto body vocational training course wouldn’t be req’d to be certified but their instructor would be req’d to be certified.

## Motor Vehicle, Mobile Equipment and Misc Surface Coating Compliance

- Spray-applied coatings must be applied in spray booth, preparation station, or mobile enclosure that is:
- Fitted with filter system demonstrated to have 98% collection efficiency, using vendor provided test data, or using waterwash spray booths operated to manufacturer’s specs

**Notes:**
This slide covers spray booth requirements:  booths need to be fitted with a filtration system that achieves a collection efficiency rating of 98% and you should rely on the vendor data for this.  Shops don’t need to test filters (costly) and the filter mfr data should show that the booth filter system achieves this 98% efficiency rating. Keep this data onsite.

The final rule added the option of using a booth with a slight positive pressure (no more than 0.05 inches water gauge (w.g.) positive pressure because a negative pressure booth could drag in particulates. 

## Motor Vehicle, Mobile Equipment and Misc Surface Coating Compliance

- Booths and prep stations for complete motor vehicles or mobile equipment must:
- Have full roof and four walls or side curtains, and operate at negative pressure;  OR
- Be fully enclosed with seals on all openings, automatic pressure balancing system, operated at _<_ 0.05 inches water gauge positive pressure

## Motor Vehicle, Mobile Equipment and Misc. Surface Coating Compliance

- Booths or prep stations for miscellaneous coating or vehicle subassemblies must:
- Have full roof, at least 3 complete walls or side curtains, and ventilated so air is drawn into the booth
- Roof and walls may have openings for conveyors

**Notes:**
More Booth requirements.

Some comments rec’d on the proposed rule indicated that EPA was establishing a new requirement for motor vehicle spray coating in a booth, however, EPA kept the requirements since OSHA requires the use of a booth for motor vehicle spraying and EPA clarified that this requirement applies when spray coatings contain those target HAPs. Chrome, Cadmium, Lead, Manganese and Nickel compounds.

Booth spraying is typically required to achieve a quality coating so really it has been the industry standard for quite some time.

## Motor Vehicle, Mobile Equipment and Misc Surface Coating Compliance

- Mobile ventilated enclosures for spot repairs must:
- Enclose and seal against the surface around the area being coated
- Retain paint overspray within the enclosure and direct it to a filter

## Motor Vehicle, Mobile Equipment and Misc. Surface Coating Compliance

- Spray-applied coatings must be applied with one of the following gun technologies:
- High volume, low pressure (HVLP)
- Electrostatic
- Airless
- Air-assisted airless
- With written approval from EPA, other spray technology demonstrated to achieve equivalent transfer efficiency

**Notes:**
The rule covers painters that spray apply coatings using hand-held devices (not automated or fixed spraying eqpt)
HVLP or electrostatic guns have been industry standard for quite some time so this requirement shouldn’t impact most of you.  But for review purposes, spray guns have to be one of these listed technologies.  Based on comments on the proposed rule, the final rule now includes airless and air-assisted airless spray gun options.

## Requirements for Motor Vehicle, Mobile Equipment and Misc. Surface Coating

- Listed spray technologies are not required if:
- Painting is performed by students and instructors at paint training centers
- Coating certain aerospace vehicle coating applications

## Motor Vehicle, Mobile Equipment and Misc. Surface Coating Compliance

- Spray gun cleaning operation should prevent atomized mist or avoid spraying cleaning solvent and paint residue outside container used to collect waste solvent
- Acceptable options include:
- Hand cleaning of disassembled gun
- Flush gun with solvent, without spraying
- Use fully enclosed gun cleaner
- Combination of non-atomizing methods

**Notes:**
This slide covers spray gun cleaner requirements.  The regulation is requiring that you must prevent creating “fumes” or mist from the cleaning solvents/materials and that you should avoid spraying solvent and paint residuals outside the gun cleaner eqpt.  Here are some options...

Note that enclosed gun cleaners are not required but it is a good option (safer for workers and saves solvent/product by limiting dispersion).

## General RequirementsSurface Coating

- Train all workers, including contractors, who spray apply coatings
- _Initial training_
- New sources must train workers by January 9, 2008 or 180 days after hire, whichever is later
- Existing sources must train new workers 180 days after hire or by January 10, 2011 (can use training completed up to five years prior to date training is required, if it met elements of training program required in the rule)
- _Refresher training_, at least once every five years following first training date

## General RequirementsSurface Coating

- Training program must include:
- List of workers requiring training
- Hands on and classroom instruction including:
- Spray gun equipment selection, set up, and operation
- Best spray technique for different types of coatings to improve transfer efficiency and minimize overspray
- Routine booth and filter maintenance, filter selection and installation
- Compliance with requirements of the NESHAP
- Description of methods to document and certify training

**Notes:**
Here’s what the training course needs to cover: list on slide.
EPA is not establishing a training certification program.  No particular entity or group of trainers are being identified as “approved” or “endorsed.”

## Notification and Reporting

- Initial Notification
- New sources - due 180 days after start up, or January 9, 2008, whichever is later
**If you are a new source and have not sent this in yet, do so immediately**
- Existing sources – due by January 11, 2010
- New sources – must include compliance certification
- Existing sources – may include compliance certification with initial notification
- Notification example
- http://www.epa.gov/ttn/atw/area/paint_strip_example.doc

## Notification and Reporting

- Notification of Compliance Status
- Existing sources not able to demonstrate compliance in the initial notification must submit this notification by March 10, 2011
- Include same basic information as initial notification
- Indicate date of compliance with all relevant requirements
- Paint stripping sources using more than one ton of MeCl in a year must certify they have written and are implementing their minimization plan

## Notification and Reporting

- Annual Notification of Changes Report
- Sources must submit report each year prior to March 1st if any previously reported information changed during the previous year
- Changes include paint stripping sources that increase usage of MeCl to more than one ton in a _calendar_ year
- Submit changes report by March 1st following year usage went over one ton of MeCl
- Develop & implement a written minimization plan by December 31st
- Submit a notification of compliance status by March 1st the following year

## Where to Send Notifications

- Sources in New England send notifications to:
- 	U.S. EPA – New England
- 	Air Compliance Clerk
- 	1 Congress Street
- 	Suite 1100 (SEA)
- 	Boston MA 02114

**Notes:**
This is where you should send initial notifications, notifications of compliance status and any changes to operations or compliance status.

## Where to Send Petitions for Exemption

- Sources in New England send petitions for exemption to:
- 	U.S. EPA - New England
- 	Air Programs Branch
- 	One Congress Street
- 	Suite 1100 (CAP)
- 	Boston, MA 02114

## Recordkeeping

- Paint stripping
- Records of paint strippers containing MeCl, including the MeCl content sufficient to verify annual usage
- Copy of minimization plan kept on site, if required
- including annual review and updates to plan
- Records of any “deviations” (failures to meet a requirement in the rule), including date and time period it occurred, a description of deviation, and corrective actions taken

**Notes:**
Here are the items you need to keep as records in your shops for paint stripping.

## Recordkeeping

- Surface coating
- Painter training certification
- Documentation of filter efficiency
- If spray gun does not meet definition of acceptable technologies and has cup capacity at least 3.0 oz, documentation from spray gun manufacturer that EPA has determined equivalent transfer efficiency
- Copies of all notifications and reports required
- Records of any deviations from requirements in the rule, including date and time period it occurred, a description of deviation, and corrective actions taken

**Notes:**
It can’t be stressed enough how important it is that you maintain records of training, and compliance with these requirements onsite.  If you are inspected by City officials, state officials and/or EPA officials, you should be able to show these documents once the compliance date is in effect.  Right now, EPA has the enforcement authority but States including MA can accept responsibility for enforcement of these regulations and in fact states can and typically do create more stringent requirements.  No matter what inspector arrives at your door, you should be prepared to show this material.  You should also keep records that show you are changing paint booth filters as recommended by paint manufacturers and maintaining your paint booth as recommended.

## Additional Resources

- 	**Roy Crystal**
- 	U.S. Environmental Protection Agency
- 	1 Congress Street
- 	Suite 1100 (SPN)
- 	Boston MA 02114
- 	617-918-1745
- 	_[crystal.Roy@epa.gov](mailto:crystal.Roy@epa.gov)_

- Visit any of the following sites for more information:
- _[http://www.epa.gov/ttn/atw/area/arearules.html](http://www.epa.gov/ttn/atw/area/arearules.html)_
- _[http://www.epa.gov/air/toxicair/community/collision.html](http://www.epa.gov/air/toxicair/community/collision.html)_
- _[http://www.epa.gov/region1/assistance/auto/index.html](http://www.epa.gov/region1/assistance/auto/index.html)_

**Mary Dever-Putnam**
- U.S. Environmental Protection Agency
- 1 Congress Street
- Suite 1100 (SPN)
- Boston MA 02114
- 617-918-1717
- _[dever.mary@epa.gov](mailto:dever.mary@epa.gov)_

**Susan Lancey**
- U.S. Environmental Protection Agency
- 1 Congress Street
- Suite 1100
- Boston MA 02114
- 617-918-1656
- _[lancey.susan@epa.gov](mailto:lancey.susan@epa.gov)_

**Notes:**
Here’s our contact information.  As we learn more about how the rule impacts shops and what’s happening in the industry, we may need to provide updates. We may have more clarifications on the rule.
This may not be the last you’ll see me!