New law requires training, spray booths; includes enforcement provision
The Environmental Protection Agency (EPA) enacted stricter national emission standards for auto body refinishing businesses that paint cars. The new regulation, which became law when it was published in the Federal Register Jan. 9, also addresses paint stripping operations and surface coating that involves paint containing metal hazardous air pollutant compounds.
The new regulation requires repair shops affected by the rule to use paint booths and spray guns to minimize air pollution. Those repair shops must implement the required changes by Jan. 9, 2011. Shops that are affected by the rule have the potential to emit less than 10 tons per year of a single toxic air pollutant or less than 25 tons per year of any combination of toxic air pollutants.The new law is a result of the Clean Air Act of 1990, which requires the EPA to identify sources that emit one or more of the 188 listed toxic air pollutants. It is designed to reduce overall toxic material consumption.
The Automotive Service Association (ASA) and other interested parties worked closely with the EPA for several years to help them craft a meaningful and effective law. The EPA gathered information through focus groups, by attending the International Autobody Congress & Exposition (NACE), and by meeting with ASA's operations committee and industry leaders, according to Bob Redding, ASA's Washington D.C. representative who handles all federal and state legislation.
"We have been involved in this process the last few years and we appreciate EPA's time and effort in drafting this regulation," Redding says. "It meets the three key pieces that ASA is interested in: training, equipment requirements and enforcement. This is a very positive initiative for the industry."Les Young of Applied Automotive Strategies LLC, a consulting firm, agrees.
"The reaction from the association and industry has been very positive," says Young, a Massachusetts Institute of Technology trained chemist. "The EPA was very diligent about engaging various players, including the Collision Industry Conference committee, in its information-gathering process. Nothing in the regulation came as a surprise, and that is good."
ASA supports the regulation, despite the fact that it will result in additional governmental controls. The association believes it will be good for the industry as a whole, according to Redding.
"Our members make significant investments in equipment and training so they can do the job the right way, which safeguards employees and the environment," Redding says. "Those that don't should be held to the same standards. This is not about putting anybody out of business, it is about uplifting the industry. It levels the playing field because significant investments made by our members are now required of all repairers. There will be no more cutting corners and getting an edge on pricing. It sets a baseline for the industry that most of our members are already meeting."
Young agrees that most ASA members already have the spray booths and spray guns that the regulation requires.
"Most of the better shops already meet this for quality and efficiency reasons," Young says. "It levels the playing field at a higher standard. It also addresses the needs of the Small Business Association and hobbyists by exempting very small users, such as car restorers and hobbyists." Also exempted are those maintaining their own personal vehicles or those performing the activity for others without compensation.
The EPA estimates that about 25 percent of existing surface coating facilities will need to take some action to comply with the new standards. It estimates the capital costs of the final standards at $20 million. It said that initial cost will be offset and recovered over time by cost savings due to more efficient use of labor and materials.
Young said the regulation also is positive for the paint industry.
"This helps the paint companies move forward on a technology-driven basis," says Young, who retired from DuPont after a 39-year career. "By having uniform standards, companies have the confidence they are not on the wrong track and will be legislated out of existence."
Redding said ASA supported enforcing the regulation at the point of sale.
"We proposed that before buying paint, a business would have to show it had the appropriate equipment and training," he says. "EPA decided early on not to do that. We thought that would be the best approach from an enforcement standpoint."
Instead, state EPAs are responsible for enforcing the regulation. If the state EPAs do not follow through, enforcement falls under the authority of the federal EPA.
In addition to the three-year grace period for equipment, shops have 180 days to train painters. After the three-year grace period expires, shops will continue to have 180 days to train newly hired painters. Training is focused on reducing coating overspray and emissions.
Initial painter training will be effective for five years, and refresher training must be repeated at least once every five years. Training must address spray gun equipment selection, setup and operation, including measuring coating viscosity, selecting the proper fluid tip or nozzle, and achieving the proper spray pattern, air pressure and volume, and fluid delivery rate. It also must cover spraying techniques for different types of coatings to improve transfer efficiency.
The regulation's equipment and training requirements may spur investments in those areas, according to Young. "I-CAR has training in development to address this regulation."
Redding said most third-party trainers, such as vocational schools, that target painting procedures already have a curriculum that meets the regulation's requirement. "If they don't, they will make sure that their training program meets the new standards so they can stay in the training business."
