Taking The Hill

By Matthew T. Brown

VOC Regulations
The U.S. Environmental Protection Agency (EPA) has issued new regulations for volatile organic compounds (VOC) emission standards for automobile refinish coatings. The new rule impacts manufacturers, processors, wholesale distributors, and importers. EPA anticipates that the regulation will result in a reduction of 31,900 tons of VOC annually.

EPA is targeting VOC emissions because smog is formed when VOCs combine with oxides of nitrogen. By reducing VOC emissions, EPA hopes to reduce ground level ozone. Prior to this ruling, VOCs were not federally regulated, although some states had regulated VOCs. The new rules will apply uniformly throughout the nation, while states will be allowed to promulgate more stringent regulations.

In addition to the VOC limitations imposed by the rule, regulated entities must file a report with the EPA with information such as the manufacturer's name, address, the code to translate the date of manufacture printed on the container, and the address of the production location. All coating containers must contain information about the date of manufacture.

EPA estimates that the annual cost of the new rule will be $4.5 million, about $160 per megagram of VOC emission reduction. EPA believes that this is an economically efficient way to obtain VOC emission reductions.

EPA Solicits Comments on Class V Well Regulations
The EPA is soliciting comments for new regulations for Class V Injection Wells. The proposed regulations would affect industrial wells, large-capacity cesspools and motor vehicle waste disposal wells.

EPA estimates that 3,400 entities would be affected, including 270 motor vehicle repair and maintenance facilities. Examples include floor drains that empty into septic tanks and automobile-related fluids that are injected into the ground.

Two options are being proposed for motor vehicle waste disposal wells: banning the wells completely in source water protection areas and allowing the well to remain open if the waste met drinking water standards at the point of injection. States must complete Source Water Assessment programs to determine source water protection areas by May 2003, or the proposed regulations apply throughout the entire state.

If EPA decides all wells must be closed in source water protection areas, the regulations do not require site cleanup, but do require compliance with state and regional EPA offices. Under existing authority, entities could be required to clean up their sites. Some have expressed concern that the proposed regulations do not give entities with Class V wells specific closure and cleanup instructions and fear that they may be subject to the whims of local administrators.

Clean Air Act
Sen. James Inhofe (R-Okla.) plans to reauthorize the Clean Air Act in 2000. Hearings may begin as early as next year.

The act is currently authorized under the 1990 Amendments. If Congress decides to reauthorize the act, Inhofe hopes to curb lawsuits by environmental groups. These lawsuits are often the cause of new federal regulations, including those for stormwater and the national ambient air quality standards for ozone and particulate matter. Inhofe has been especially critical of the new regulations for ozone and particulate matter.

Inhofe also hopes to include language to ensure new regulations and standards based on science and are cost-effective.

In 1990, ASA fought hard to include effective inspection and maintenance programs in the amendments because it believes that they are one of the best ways to improve air quality.

ASA Asks for Refrigerant Regulations
The EPA issued new regulations for motor vehicle refrigerants that would affect hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs). First, the regulations would establish certification requirements. Next, the regulations would require air conditioning systems to be repaired or serviced only by certified technicians. Technicians already certified to handle CFCs and HCFCs would not have to be retested, however, the new tests would incorporate HFCs and PFCs. Third, the current sales restriction applied to CFCs and HCFCs would be extended to HFCs and PFCs. Other proposed changes include safe disposal and purity requirements.

ASA has called for changes in new proposed regulations for refrigerants issued by the EPA. While generally supportive of the new regulations, ASA has asked EPA to address the sale of retrofit kits to the public.

Some members have expressed concern that in some cases consumers begin to retrofit their motor vehicle air conditioning system and are unable to complete the job. Later, if technicians are not made aware of this, recovery equipment can become contaminated.

ASA has recommended that its members use only HFC-134a when retrofitting CFC-12 systems. ASA supports the Significant New Alternatives Policy (SNAP), but believes that the extensive testing and development efforts that went into the decision to use HFC-134a by automobile manufacturers indicates that it is the best alternative refrigerant at the current time.

ASA supports the technician certification currently required for the handling of CFC and HCFC refrigerants and believes the inclusion of HFC and PFC refrigerants in this certification is necessary. Furthermore, ASA supports technician certification and sales restrictions on all refrigerants.

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AutoInc. Magazine ® Vol. XLVI, November 1998 (http://www.asashop.org)