New EPA Rule for Body Shops: Guilty Until Proven Innocent

Every shop in the country has less than two months to comply with the initial notification requirement of the EPA's new surface coating rule, but there is free help available if you know who to call.

The U.S. Environmental Protection Agency is working to implement a new rule to reduce pollutants emitted by the collision repair industry and every automotive refinishing shop in the country now has less than two months to comply with the rule's initial notification requirement.

The EPA passed a new regulation (40 CFR Part 63, Subpart HHHHHH) that affects all automotive refinishing shops. This regulation specifically addresses the hazardous metal compounds of lead, cadmium, manganese, nickel and chromium (referred to as target HAPs) that are components in many automotive coatings. These five target HAPs are released to the atmosphere when atomized through spray guns- exactly what this new rule is trying to prevent.

While most shops are not required to be in compliance with this new rule until January 10, 2011, all shops are now required to submit an initial notification form to the EPA before January 11, 2010- less than 60 days away.

The good news is that there is help available for shops that would like assistance wading through these new regulatory requirements, and it's free.

Every state in the country operates a Small Business Environmental Assistance Program (SBEAP). These programs were established through the Clean Air Act and exist to assist small businesses with environmental compliance and provide sustainable business information.

Rule Overview All auto body shops must meet the following requirements unless you can certify that you do not spray coatings that contain target HAPs. 1. Have 98% removal efficient filters on the exhaust of all spray operations. 2. Use only high volume, low pressure (HVLP) spray guns or equivalent technology. 3. Do not spray solvent to clean the guns unless using a container that captures all of the bounce back spray, or mist. 4. For body shops that refinish complete motor vehicles or other mobile equipment, spray painting operations must occur in a fully enclosed spray booth or station and operated under negative pressure. (fully enclosed booths using an automatic pressure balancing system can be operated up to 0.05 inches water gauge positive pressure) 5. For spraying parts or vehicle "subassemblies", spray painting must occur in an area that has a full roof, at least three complete walls or side curtains and is vented to draw air through the area. 6. Mobile spot repair operations need to enclose the area being coated, capture paint overspray and filter the exhaust. 7. Train and certify all spray painters. Re-certify every five years. 8. Submit an Initial Notification & Notification of Compliance Status.

According to Tony Pendola, Environmental Engineer with the North Carolina Small Business Assistance Program, the SBEAPs are "confidential non-regulatory group that helps small businesses for free to help make sure they are aware of compliance requirements of environmental rules."

In a presentation before the Society of Collision Repair Specialists Board of Directors, Pendola characterized the rule as a "guilty until proven innocent" type of rule. In other words, all auto body shops must meet the requirements and deadlines of the rule unless you can certify that you do not spray coatings that contain the target HAPs.

CollisionWeek met with Pendola to discuss the new rule. He provided a short overview of what the rule entails, and what shops need to do in order to make sure they are complying with the rule.

"Everybody is subject to it," Pendola said. "You just say that you are a body shop and you are covered by the rule."

"Full compliance is required by January 10, 2011," Pendola said. "It involves things like having HVLP guns, having automatic gun washers, training, record-keeping, having booths with 98 percent efficiency filters..."

Pendola also warned that this is not a waterborne rule. Waterborne coatings can also have these five heavy metals in it, so you do need to be careful," said Pendola.

To take advantage of the services offered by your state's SBEAP office visit the Small Business Environmental Web site to find lists of individual state programs and contacts here.