EPA announces new rules on national emission standards for hazardous air pollutants

Source: Texas Commission on Environmental Quality, The Advocate, Volume 13, Issue 2/April-June 2008

On Jan. 9, the EPA published in the Federal Register the final rule on National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources. This rule applies to paint stripping operations, auto body shops, and miscellaneous surface coating of plastic and metal parts.

Many businesses affected by these new rules are authorized in Texas by Title 30 of the Texas Administrative Code, Chapter 106, §106.433 (surface coating) and §106.436 (auto-body refinishing). The new federal rules are in addition to, and are more stringent than, state requirements and may cause Texas air rules to change in the future.

Coating operations exempt from the new rule are:

• hand application of coatings with brushes or rollers;

• facility maintenance of stationary structures/process equipment;

• hobbyists; and

• individuals who apply surface coating on their personal vehicles, property, or possessions without compensation, unless coating two or more cars or pieces of mobile equipment per year.

Paint stripping operations that use methylene chloride (MeCl) must develop and implement management practices that minimize its evaporation. If the operation consumes more than 1 ton per year of MeCl, they must develop and implement a plan to reduce MeCl consumption.

Facilities that offer spray coating services (including body shops) must implement equipment and management practices that minimize coating usage and capture toxic particulates, such as cadmium, chromium, lead, manganese, and nickel (target hazardous air pollutants). Practices include: confining spray operations in a filtered booth/preparation station; using high-volume, low-pressure guns or equivalent, and cleaning spray guns manually or in an enclosed gun washer. Training and certification of painters is required initially and every five years thereafter.

Miscellaneous surface coaters that discontinue all uses of target hazardous air pollutants will not have to comply. Auto body refinishing shops that petition the EPA and certify that they do not use the hazardous air pollutant coatings will not have to comply.

New sources must comply upon startup and send an initial notification to the EPA by July 7, 2008, or within 180 days after startup, whichever is later. Existing sources must comply by Jan. 10, 2011, and send initial notification to the EPA by Jan. 10, 2010.

If you own or operate a paint stripping, miscellaneous surface-coating facility, or auto body shop, you may visit the EPA Federal Register Web site to review the rule at the EPA website, or call the TCEQ Small Business and Local Government Assistance hotline at 800-447-2827 to obtain confidential compliance assistance information.