The Ozone Transport Commission (OTC) may propose auto refinishing restrictions that would affect our industry. The OTC is focusing on coating issues, application equipment issues, gun cleaner issues and training. ASA is reviewing the OTC's draft and will make formal comments.

The Ozone Transport Commission (OTC) is taking a serious look at auto refinishing controls in member states. The commission's membership is comprised of Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Virginia. These 12 states and the District of Columbia are “investigating for the mobile equipment repair and refinishing industry as potentially producing emission reductions in a time frame appropriate for assisting with attainment and maintenance of the one-hour ozone standard.”

The decision whether to proceed with a refinishing initiative will be made in early 2001. The Commonwealth of Pennsylvania hosted a meeting on this issue at the state capitol in July.

The OTC developed a draft regulatory strategy for the meeting that focused on four principle areas: coating issues, application equipment issues, gun cleaner issues and training. Many Northeastern and Mid-Atlantic collision repairers will recall the debate of these same areas during the early stages of Pennsylvania's auto refinishing regulations. Although the Automotive Service Association (ASA) and the National Automobile Dealers Association (NADA) had encouraged regulators to be more aggressive on equipment, training and enforcement provisions, it was not meant to be in Pennsylvania. Paint manufacturers and distributors were reluctant to support any formal restrictions on the sale of paint products. Independent repairers and new car dealers advocated a more aggressive program for assuring that only “professionals” were allowed to use these paint products. Those professionals would have to adhere to strict equipment and training guidelines.

Under the OTC proposal, paint restrictions would apply to automobiles, trucks, buses, motorcycles, heavy equipment, golf carts and farm equipment. The draft is directed at entities applying mobile equipment repair and refinishing or color-matched coatings to mobile equipment or mobile equipment components. Excluded entities include:

a. The surface coating process is subject to other requirements (such as the miscellaneous metal parts finishing requirements relating to surface coating processes).
b.The surface coating process is at an automobile assembly plant.
c.The person applying the coatings does not receive compensation for the application of the coatings.

Collision repairers will be required to provide documentation concerning the VOC content of the coatings calculated in accordance with standards published by the OTC.

Existing facilities will be required to use one or more of the following application techniques to apply any finish material:

a. Flow/curtain coating
b. Dip coating
c. Roller coating
d. Brush coating
e. Cotton-tipped swab application
f. Electrodeposition coating
g. High volume low pressure (HVLP) spraying
h. Electrostatic spray
i. Airless spray
j. Other coating application methods that the person has demonstrated and has been determined to achieve emission reductions equivalent to HVLP or electrostatic spray application methods.

New facilities would have similar application requirements.

Three situations are exempt from these application requirements:

a. The use of airbrush application methods for stenciling, lettering and other identification markings.
b. The application of coatings sold in nonrefillable aerosol containers.
c. The application of automotive touch-up repair refinish materials.

Spray guns used to apply refinishing coatings would also have to be cleaned by one of the following:

a. An enclosed spray gun cleaning system that is kept closed when not in use.
b. Unatomized discharge of solvent into a paint waste container that is kept closed when not in use.
c. Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use.
d. Atomized spray into a paint waste container that is fitted with a device designed to capture atomized solvent emissions.

Although sparse, the proposed draft has pollution prevention and training measures:

a. Fresh and used coatings, solvent and cleaning solvents shall be stored in nonabsorbent, nonleaking containers. The containers shall be kept closed at all times except when filling or emptying.
b. Cloth and paper, or other absorbent applicators, moistened with coatings, solvents, or cleaning solvents, shall be stored in closed, nonabsorbent, nonleaking containers.
c. Handling and transfer procedures shall minimize spills during the transfer of coatings, solvents and cleaning solvents.
d. Ensure that a person who applies mobile equipment repair and refinishing coatings has completed training in the proper use and handling of the mobile equipment repair and refinishing coatings, solvents and waste products in order to minimize the emission of air contaminants and to comply with this section.

ASA is reviewing the OTC's draft and will make formal comments. Initial concern by ASA has to do with how limited the proposal appears. ASA will work with the OTC staff and member jurisdictions to achieve the best possible paint control program.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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