The EPA wants to stop old-car restoration

[obsidianspider]

The EPA wants to stop old-car restorations
Hemmings Classic Car - FEBRUARY 1, 2008 - BY RICHARD LENTINELLO

My column in HCC #38, "Alternative Painting Techniques," didn't seem to go over too well with one of our readers. Obviously a spineless, environmental-extremist wacko, this reader forwarded a copy of my column to the United States Environmental Protection Agency of New England, whereupon we received a pleasant letter from Susan Lancey of the Air Permit, Toxics and Indoor Programs Unit. Susan was kind enough to advise us of some pending legislation that will soon be signed into law, and sent us a copy of the new regulation.

Ms. Lancey's letter reads:
"I was recently forwarded a copy of an article titled "Alternative Painting Techniques" published in the November 2007 issue of Hemmings Classic Car magazine. I noted that the article did not mention environmental regulations that may apply to the painting discussed in the article. I am writing to inform you that on September 17, 2007, the U.S. Environmental Protection Agency (EPA) proposed federal regulations in the Federal Register which, when finalized, will regulate surface coating of metal parts and plastic parts, including auto body refinishing. I have enclosed a copy of the proposed regulation and a fact sheet for your review.

"This regulation is scheduled to be finalized in December 2007, after consideration of public comment on the proposed rule. For surface coating operations, the proposed rule would require sources to implement equipment and management practices that minimize the amount of coating required and to capture toxic metal particulates from the process. The equipment practices include confining spray operations to within a properly filtered spray booth or preparation station, using high volume low pressure (HVLP) or equivalent spray equipment, and either cleaning spray guns manually or by using an enclosed spray gun washer. The management practices include proper training and certification of painters.

"When published in the Federal Register, the final rule will specify how it may apply to any person refinishing an automobile. At that time you may want to inform your readers of the new regulations. You should also be aware that states have environmental regulations that may also apply to these types of activities."

Susan was kind enough to include a Fact Sheet, which gave a brief outline of the impending regulations. Listed among the Action items, one bullet point read: "The proposed standards apply to area sources that engage in:

* paint stripping operations that use methylene chloride (MeCl)-containing paint
* surface coating operations that involve paints that contain metal HAP compounds
* autobody refinishing

But what's truly scary is the following bullet point:

* Area sources are those that 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. If sources emit more than these amounts, they are called 'major' sources.

I'm concerned with the use of the word "less" in the above bullet point. Although no home restorer will ever produce 10 tons per year of a toxic air pollutant, all of us will certainly produce less than that amount. And therein lies the issue. Basically, what this regulation is saying, is that no one will be allowed to spray a toxic finish-i.e. auto body paint-outside of the confines of a properly filtered spray booth. In short, folks, we're screwed.

To find out more details, I called Susan about this regulation. I asked if the EPA took into consideration how much harm they will be doing to not only home restorers, but the entire collector-car hobby and associated industry, too, and was told that the EPA did take into consideration public comment on the regulation.

When I asked where the EPA obtained these public comments, Susan said they were gathered from their Web site. So, because this and other proposed federal regulations are only posted on the EPA Web site, and, let's face it, how many citizens know to go there, virtually no one knew about it to protest. Oh yeah, there was only a 30-day window in which to submit an objection to the regulation, and that window was slammed shut on us back in September. How nice.

And it's going to get worse. I just learned from another source that, by the year 2011, the EPA is looking into restricting the sale of auto body paints to only those who are certified to use the product. It's the EPA's way of reducing the amount of volatile organic compounds (VOCs) released into the atmosphere. Unless you are certified, and have a $100,000 filtered paint booth, you won't be able to buy the necessary paints to restore old cars, trucks or motorcycles.

All these regulations prove once again just how misguided the EPA folks really are, and how little consideration they have for us. The amount of VOCs that body shops and hobbyists emit into the air is probably less than 1/100th of 1 percent of the total amount produced each year. I bet Al Gore creates more pollution flying around in his private jet each day than 10,000 hobbyists create in a year of painting old cars. Restoring old cars is the ultimate form of recycling, yet the EPA wants to stop it. How smart is that?

Although it's too late to stop the anti-painting law, there's still time to do something to protect your freedom to buy auto body paint. Go to the EPA Web site, www.epa.gov, and voice your concerns now, before it's too late.

Original Article

EPA Proposed Rule

 

[obsidianspider]

Where's SEMA in all of this?

 

[obsidianspider]

Coincidentally, I just received my monthly SEMA Action Network email. I emailed the SAN about this issue. If there's any group that would be interested in this type of development, it's the SAN.

 

[jaystang]

wow, thats awful. Its also going to hurt all of those old timers who spray as a side job! You know, those old hobbiest who don't charge nearly as much as going to an auto body shop, but do 10x the job!

 

[wally05]

I'd like to see the EPA actually enforce this. More rules with no one to actually enforce. I could see how they could through restricting sale of the stuff. But, I'd just find someone certified and have them buy it for me.... idiots... The EPA is horribly misguided. With the recent energy bill about to be passed and this... they really don't care who it hurts as long as they get whatever they want through the house and senate.

 

[J_Speegle]

I'd like to see the EPA actually enforce this. More rules with no one to actually enforce. I could see how they could through restricting sale of the stuff. But, I'd just find someone certified and have them buy it for me.... idiots....

Looked into this and the problem with that is that the guy buying it for you gets credited with shooting the product and his total limit for the year/period is reduced by that amount. Just one limiting proposal.

Calif has been discussing this for a while and basically one of the thoughts would limit each booth to "X" number of paint jobs or a specific volume of filtered air, per period of time.

Remember these people do not care about the shops, jobs or us... they are SAVING THE PLANET

 

[Mosesatm]

I thought all automotive paints were going to be water-based in the near future. Will the new rules affect those paints?

 

[XR7G428]

Response from the EPA

After reading this thread I wrote AZ Senator John Kyl. He forwarded my letter to the EPA and they actually responded with some good news. It appears that they have now made an exemption to the rule to allow hobbiest restorers to paint two cars per year.

From the EPA:

Mr. William Basore -

Nice talking with you on the phone. Please see the attached messages that look into the issue you raised to Sen. Jon Kyl on hobbiest automotive restorers who paint their vehicles and a section of a recently finalized rule that addresses that subject.

I hope you find this as welcome news, and if you have any questions or need any additional information, please get back in touch with me or my colleague Wienke Tax at 520.622.1622 and is the one who did the research
on this issue. I will also share this information with Senator Kyl's staff who forwarded on your concern to us.

Regards,

Brent Maier

******************************************************
Brent Maier
Congressional Liaison
U.S. Environmental Protection Agency - Region IX
75 Hawthorne St. (OPA-3)
San Francisco, CA 94105

Telephone: 415.947.4256
Fax: 415.947.3519

E-mail: maier.brent@epa.gov
----- Forwarded by Brent Maier/R9/USEPA/US on 01/15/2008 01:58 PM -----


Wienke Tax/R9/USEPA/US
To
01/15/2008 12:54
Brent Maier/R/USEPA/US@EPAPM cc
Colleen McKaughan/R9/USEPA/US@EPA

Subject

Fw: Sen. John Kyl - Forwarding Constituent Concern for Hobbiest Automotive Restorers to Paint Their Vehicles

Hi Brent -

it turns out we finalized a rule on this National Emissions Standards for Hazardous Air Pollutants (NESHAP) last week. Here is a section of the notice that is relevant. So unless the constituent is coating more than 2 vehicles, he should be ok.

(3) Surface coating or paint stripping
performed by individuals on their
personal vehicles, possessions, or
property, either as a hobby or for
maintenance of their personal vehicles,
possessions, or property. This subpart
also does not apply when these
operations are performed by individuals
for others without compensation. An
individual who spray applies surface
coating of more than two motor vehicles
or pieces of mobile equipment per year
is subject to the requirements in this
subpart that pertain to motor vehicle
and mobile equipment surface coating
regardless of whether compensation is
received.

Let me know if you need anything else.

thanks
Wienke


Wienke Tax
USEPA Region 9
Air Planning Office
3755 N. Camino de Oeste
Tucson, AZ 85745-9772
Phone: 520.622.1622
Fax: 520.743.2393
tax.wienke@epa.gov
----- Forwarded by Wienke Tax/R9/USEPA/US on 01/15/2008 11:40 AM -----


Mae Wang/R9/USEPA/US
To
01/15/2008 09:58
Wienke Tax/R9/USEPA/US@EPA
cc
Jerry Wamsley/R9/USEPA/US@EPA,
Sona Chilingaryan/R9/USEPA/US@EPA,
Stanley Tong/R9/USEPA/US@EPA
Subject

Re: Fw: Re: Sen. John Kyl -

Forwarding Constituent Concern

for Hobbiest Automotive Restorers

to Paint Their Vehicles(Document

link: Wienke Tax)

Hi -
Here's the final rule:
(See attached file: auto-refinish.pdf)

Check out p. 1740
WienkeTax/R9/USEPA/US
To

01/15/2008 08:37
Jerry Wamsley/R9/USEPA/US@EPA,

Sona Chilingaryan/R9/USEPA/US@EPA,
Mae Wang/R9/USEPA/US@EPA
cc
Stanley Tong/R9/USEPA/US@EPA

Subject

Fw: Re: Sen. John Kyl -

Forwarding Constituent Concern

for Hobbiest Automotive Restorers

to Paint Their Vehicles

Hi all -

this is the inquirey Stan forwarded my voicemail about.

here is the link to the proposed NESHAP:

http://www.epa.gov/fedrgstr/EPA-AIR/2007/September/Day-17/a17973.pdf

It refers repeatedly to "area sources", and a quick skim didn't make it clear (at least to a member of the public) whether it would apply to an individual auto hobbiest.

thanks
Wienke

Wienke Tax
USEPA Region 9
Air Planning Office
3755 N. Camino de Oeste
Tucson, AZ 85745-9772
Phone: 520.622.1622
Fax: 520.743.2393
tax.wienke@epa.gov

-----Forwarded by Wienke Tax/R9/USEPA/US on 01/15/2008 09:35AM -----

To: Brent Maier/R9/USEPA/US@EPA
From: Wienke Tax/R9/USEPA/US
Date: 01/10/2008 10:50AM
cc: Allyn Stern/R9/USEPA/US@EPA, Colleen McKaughan/R9/USEPA/US@EPA
Subject: Re: Sen. John Kyl - Forwarding Constituent Concern for
Hobbiest Automotive Restorers to Paint Their Vehicles

Hi Brent -

I am not familiar with the rule Senator Kyl's constituent refers to, but I have looked it up on the web (the link in the letter didn't work). It's about a NESHAP (National Emissions Standard for Hazardous Air Pollutants, and the summary of the rule indicates it refers to "area sources". While auto body refinishing is included in the applicable list of practices, I very much doubt we would regulate
individual use - "area sources" includes auto body repair shops but probably not individual garages. I will make some inquiries and get back to you.

thanks
Wienke

Wienke Tax
USEPA Region 9
Air Planning Office
3755 N. Camino de Oeste
Tucson, AZ 85745-9772
Phone: 520.622.1622
Fax: 520.743.2393
tax.wienke@epa.gov
Inactive hide details for Brent Maier/R9/USEPA/USBrent
Maier/R9/USEPA/US



Brent To Maier/R9/USEPA/US

WienkeTax/R/USEPA/US@EPA
Colleen R McKaughan/R9/USEPA/US@EPA,

Allyn Stern/R9/USEPA/US@EPA

Subject



Sen. John Kyl - Forwarding

Constituent Concern for Hobbiest Automotive Restorers to Paint Their Vehicles

Wienke -

Please take a look at the attached PDF file and see if you think we should respond with any information that would be helpful to the constituent to know who wrote to Sen. Kyl. If so, we can then copy the Senator's office on our reply. The Senator is not specifically asking us to respond to him, but rather sharing the letter with our office for
"consideration".


[attachment "Sen. Jon Kyl - Forwarding Constituent Concerns on
Hobbiest
Automotive Restorers to Paint Vehicles.pdf" deleted by Wienke
Tax/R9/USEPA/US]


******************************************************
Brent Maier
Congressional Liaison
U.S. Environmental Protection Agency - Region IX
75 Hawthorne St. (OPA-3)
San Francisco, CA 94105

Telephone: 415.947.4256
Fax: 415.947.3519

E-mail: maier.brent@epa.gov[/[/QUOTE]email]