kenc
12-30-2005, 01:41 PM
Hi all,
I got a response from Kim Teal at the EPA today. I have included her attachment below - it doesn't look too bad for hobbiests if it goes through as currently envisioned. It looks all we hobbiests who wrote/emailed the epa have had some effect on their thinking. At least I hope so.
attachment is in two posts since was too long for one apparently
************************************************
This email message is to provide clarification on some of the
requirements under consideration at this time for the Autobody
Refinishing rule EPA is developing. My sense is that there is a great
deal of misinformation, confusion, and anxiety over some recent articles
in trade journals; to ensure receiving feedback from you on what is
being considered in its entirety (so far) I wanted to send out the
attached file and webpage. The file is a set of frequently asked
questions and answers which I hope will clarify my present position, the
questions were developed based on email messages and letters I have
received from hobbyists over the past 3 months. The webpage is a forum
for anyone to gain access to our progress as we move forward in the
regulatory development process. Please feel free to contact me with
comments, concerns or feedback at any time. If you'd like me to call
you, send an email message with your phone number and I'll be happy to
call you and talk about this rulemaking with you. Thank you for taking
the time to review the attached FAQ sheet and provide comments.
http://www.epa.gov/ttn/atw/area/auto/autobody_area.html
ATTACHMENT HERE:
Frequently Asked Questions (FAQ) for Autobody Refinishing Area Source Rule
Why is this rule being considered?
The Clean Air Act (CAA) requires EPA to develop air emission standards for a list of 187 hazardous air pollutants (HAP). Since 1990, EPA has developed emission standards for the largest sources of these pollutants, known as “major sources.” However, 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. They have been termed “area sources.” The EPA has identified 70 different area source categories for these air toxics that need to be regulated. So far, regulations have been developed for 15 categories and regulations for the remaining 55 categories are under development. Autobody refinishing has been identified as one of the 55 source categories that still need to be regulated. More information on the regulation of these area source categories can be found at http://www.epa.gov/ttn/atw/urban/arearules.html
Would this rule target automobile hobbyists?
No. This rule would not target hobbyists; it targets HAP emissions from automobile refinish operations. Therefore, anyone (professional or hobbyist) performing automobile or mobile equipment refinishing would be affected. However, it would not prevent hobbyists from using coatings in a responsible manner. (See further details below.)
Who would be regulated by this new rule?
This rule would likely regulate all persons and businesses that are engaged in automobile and mobile equipment refinishing, including collision repair shops, “one day” vehicle paint shops, fleet maintenance facilities, professional restoration shops, professional race car teams, shops that customize vans and limousines, and automobile hobbyists (for example, restorers, customizers, racers).
What pollutants would EPA be targeting with this action?
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 autobody refinishing contain HAP, such as hexavalent chrome, lead, toluene, xylene, methyl isobutyl ketone, and isocyanates.
Is this action similar to previous EPA or State actions to reduce volatile organic compound (VOC) emissions from paints?
No. State and Federal VOC rules were intended to reduce chemicals that form ground-level ozone. This rule would limit emissions of, and exposure to, toxic chemicals that have other adverse health effects, but this rule would not change the regulation of the VOC content of coatings.
What impact would this rule have on professional refinishers (e.g., collision repair shops)?
The proposed rule is still under development, but it would likely require professional shops to do the following:
$ All shop (not office) personnel would need to complete training in the proper use of refinish materials and be certified through a national certification body, such as I-CAR and ASE, to buy and use auto refinish materials.
$ All professional shops would need to have a filtered spray booth and all spraying of coatings would need to be done in the spray booth, or in a similar filtered enclosure, such as a prep station.
$ All spraying of coatings would need to be done with an HVLP spray gun, or one with equivalent transfer efficiency.
$ All professional shops would need to have an enclosed spray gun cleaner.
What kind of impact would this have on a home hobbyist?
The proposed rule is still under development, but it would likely require automobile hobbyists to do the following:
$ Hobbyists would not need to acquire the same training as professional refinishers, although such training is encouraged since these paints are intended for professional use, and they can be dangerous to the user’s health if mishandled or applied without properly used personal protective equipment.
$ Hobbyists that use spray coatings would need to use HVLP spray guns, or one with equivalent transfer efficiency, determined by the manufacturer of the gun.
$ If a hobbyist is spraying coatings that contain lead or hexavalent chrome pigments, they would be required to do so in a filtered spray booth.
$ If a hobbyist is spraying a whole car, they would be required to do so in a filtered spray booth. Spraying of parts or subassemblies with coatings that do not contain lead or hexavalent chrome pigments could be done outside of a filtered spray booth.
$ Hobbyists would be required to review material that explains the requirements of this rule and sign a certification that they understand these rule requirements and accept responsibility for complying with these requirements. This certification in the safe use of coatings may be required to purchase auto refinish coatings. The certification is similar to the license required for hunting or fishing.
$ If a hobbyist is found by a state regulator to be using auto refinish coatings, and did not have the certification, or was otherwise not complying with the provisions of the rule, the hobbyist would be subject to a warning, and asked to review the rule and complete the certification.
$ Upon a second violation, a hobbyist could be subject to a notice of violation and penalties.
EPA is still in the early stages of developing rule requirements and criteria for certification. We welcome your input and participation in developing the rule. It is not our intent to prohibit certified hobbyists from purchasing refinishing materials and working with these materials.
How would the rule define who is a hobbyist?
A hobbyist would be defined as someone who paints personally owned automobiles for personal use, or for the purpose of restoring, collecting, or customizing automobiles.
A hobbyist would NOT be someone who refinishes automobiles as side work, or receives compensation for their work, either as payment for time or materials, or from the sale of the car once it is complete. A hobbyist typically paints no more than two cars per year.
Would hobbyists be able to buy paint?
Yes. A hobbyist would be able to buy paints and coatings, but would be required to certify that they understand the requirements of this rule and accept responsibility for using these coatings. They would also need to abide by some work practice standards for spray coating as described above. The EPA currently envisions a recertification requirement of every five years.
Why would a certificate be necessary to buy paints and coatings?
The paints and coatings that are readily available and widely used in automotive refinishing are intended for professional use. The potential to emit harmful pollutants increases if the operator is not properly trained, or sprays coatings using improper equipment in a residential area. The certificate would establish that the user understands the requirements of this regulation and accepts responsibility for using these materials properly to protect the environment.
Would these regulations cover the use of aerosol cans or touch-up paint?
No, aerosol cans and touch-up paint would be exempt from these regulations. These regulations would only regulate coatings that are applied with compressed air spray guns.
Would hobbyists be able to paint in their garage at home in a residential area?
Available information leads EPA to believe that most hobbyists who spray in a garage with uncontrolled conditions typically only paint a part or piece of a car such as a fender or hood. Hobbyists that paint an entire car typically wish to do so in a controlled environment, such as a filtered spray booth, to increase the quality of the paint job. Paint suppliers agree that a quality paint job in which hobbyist would be proud of is difficult to achieve in an uncontrolled environment. Most hobbyists that do not own a spray booth probably have access to renting or borrowing the use of one.
I got a response from Kim Teal at the EPA today. I have included her attachment below - it doesn't look too bad for hobbiests if it goes through as currently envisioned. It looks all we hobbiests who wrote/emailed the epa have had some effect on their thinking. At least I hope so.
attachment is in two posts since was too long for one apparently
************************************************
This email message is to provide clarification on some of the
requirements under consideration at this time for the Autobody
Refinishing rule EPA is developing. My sense is that there is a great
deal of misinformation, confusion, and anxiety over some recent articles
in trade journals; to ensure receiving feedback from you on what is
being considered in its entirety (so far) I wanted to send out the
attached file and webpage. The file is a set of frequently asked
questions and answers which I hope will clarify my present position, the
questions were developed based on email messages and letters I have
received from hobbyists over the past 3 months. The webpage is a forum
for anyone to gain access to our progress as we move forward in the
regulatory development process. Please feel free to contact me with
comments, concerns or feedback at any time. If you'd like me to call
you, send an email message with your phone number and I'll be happy to
call you and talk about this rulemaking with you. Thank you for taking
the time to review the attached FAQ sheet and provide comments.
http://www.epa.gov/ttn/atw/area/auto/autobody_area.html
ATTACHMENT HERE:
Frequently Asked Questions (FAQ) for Autobody Refinishing Area Source Rule
Why is this rule being considered?
The Clean Air Act (CAA) requires EPA to develop air emission standards for a list of 187 hazardous air pollutants (HAP). Since 1990, EPA has developed emission standards for the largest sources of these pollutants, known as “major sources.” However, 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. They have been termed “area sources.” The EPA has identified 70 different area source categories for these air toxics that need to be regulated. So far, regulations have been developed for 15 categories and regulations for the remaining 55 categories are under development. Autobody refinishing has been identified as one of the 55 source categories that still need to be regulated. More information on the regulation of these area source categories can be found at http://www.epa.gov/ttn/atw/urban/arearules.html
Would this rule target automobile hobbyists?
No. This rule would not target hobbyists; it targets HAP emissions from automobile refinish operations. Therefore, anyone (professional or hobbyist) performing automobile or mobile equipment refinishing would be affected. However, it would not prevent hobbyists from using coatings in a responsible manner. (See further details below.)
Who would be regulated by this new rule?
This rule would likely regulate all persons and businesses that are engaged in automobile and mobile equipment refinishing, including collision repair shops, “one day” vehicle paint shops, fleet maintenance facilities, professional restoration shops, professional race car teams, shops that customize vans and limousines, and automobile hobbyists (for example, restorers, customizers, racers).
What pollutants would EPA be targeting with this action?
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 autobody refinishing contain HAP, such as hexavalent chrome, lead, toluene, xylene, methyl isobutyl ketone, and isocyanates.
Is this action similar to previous EPA or State actions to reduce volatile organic compound (VOC) emissions from paints?
No. State and Federal VOC rules were intended to reduce chemicals that form ground-level ozone. This rule would limit emissions of, and exposure to, toxic chemicals that have other adverse health effects, but this rule would not change the regulation of the VOC content of coatings.
What impact would this rule have on professional refinishers (e.g., collision repair shops)?
The proposed rule is still under development, but it would likely require professional shops to do the following:
$ All shop (not office) personnel would need to complete training in the proper use of refinish materials and be certified through a national certification body, such as I-CAR and ASE, to buy and use auto refinish materials.
$ All professional shops would need to have a filtered spray booth and all spraying of coatings would need to be done in the spray booth, or in a similar filtered enclosure, such as a prep station.
$ All spraying of coatings would need to be done with an HVLP spray gun, or one with equivalent transfer efficiency.
$ All professional shops would need to have an enclosed spray gun cleaner.
What kind of impact would this have on a home hobbyist?
The proposed rule is still under development, but it would likely require automobile hobbyists to do the following:
$ Hobbyists would not need to acquire the same training as professional refinishers, although such training is encouraged since these paints are intended for professional use, and they can be dangerous to the user’s health if mishandled or applied without properly used personal protective equipment.
$ Hobbyists that use spray coatings would need to use HVLP spray guns, or one with equivalent transfer efficiency, determined by the manufacturer of the gun.
$ If a hobbyist is spraying coatings that contain lead or hexavalent chrome pigments, they would be required to do so in a filtered spray booth.
$ If a hobbyist is spraying a whole car, they would be required to do so in a filtered spray booth. Spraying of parts or subassemblies with coatings that do not contain lead or hexavalent chrome pigments could be done outside of a filtered spray booth.
$ Hobbyists would be required to review material that explains the requirements of this rule and sign a certification that they understand these rule requirements and accept responsibility for complying with these requirements. This certification in the safe use of coatings may be required to purchase auto refinish coatings. The certification is similar to the license required for hunting or fishing.
$ If a hobbyist is found by a state regulator to be using auto refinish coatings, and did not have the certification, or was otherwise not complying with the provisions of the rule, the hobbyist would be subject to a warning, and asked to review the rule and complete the certification.
$ Upon a second violation, a hobbyist could be subject to a notice of violation and penalties.
EPA is still in the early stages of developing rule requirements and criteria for certification. We welcome your input and participation in developing the rule. It is not our intent to prohibit certified hobbyists from purchasing refinishing materials and working with these materials.
How would the rule define who is a hobbyist?
A hobbyist would be defined as someone who paints personally owned automobiles for personal use, or for the purpose of restoring, collecting, or customizing automobiles.
A hobbyist would NOT be someone who refinishes automobiles as side work, or receives compensation for their work, either as payment for time or materials, or from the sale of the car once it is complete. A hobbyist typically paints no more than two cars per year.
Would hobbyists be able to buy paint?
Yes. A hobbyist would be able to buy paints and coatings, but would be required to certify that they understand the requirements of this rule and accept responsibility for using these coatings. They would also need to abide by some work practice standards for spray coating as described above. The EPA currently envisions a recertification requirement of every five years.
Why would a certificate be necessary to buy paints and coatings?
The paints and coatings that are readily available and widely used in automotive refinishing are intended for professional use. The potential to emit harmful pollutants increases if the operator is not properly trained, or sprays coatings using improper equipment in a residential area. The certificate would establish that the user understands the requirements of this regulation and accepts responsibility for using these materials properly to protect the environment.
Would these regulations cover the use of aerosol cans or touch-up paint?
No, aerosol cans and touch-up paint would be exempt from these regulations. These regulations would only regulate coatings that are applied with compressed air spray guns.
Would hobbyists be able to paint in their garage at home in a residential area?
Available information leads EPA to believe that most hobbyists who spray in a garage with uncontrolled conditions typically only paint a part or piece of a car such as a fender or hood. Hobbyists that paint an entire car typically wish to do so in a controlled environment, such as a filtered spray booth, to increase the quality of the paint job. Paint suppliers agree that a quality paint job in which hobbyist would be proud of is difficult to achieve in an uncontrolled environment. Most hobbyists that do not own a spray booth probably have access to renting or borrowing the use of one.