Specifically, the new rule requires existing area sources affected by the rule to implement these standards no later than three years from the January 9th publication date in the Federal Register. Area sources are defined as 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. Through compliance, these practices are designed to reduce overall toxic material consumption, which generally result in savings for the facility.

The proposed rule was published September 17, 2007. The Automotive Service Association (ASA) submitted comments, generally supporting the automotive refinishing regulation. Specific changes evident in the final rule include clarification on the sources subject to the rule and distinguishing between motor vehicles and mobile equipment surface coating.

The final rule also clarifies that these standards do not apply to paint stripping and surface coating performed by individuals as part of a hobby, for maintenance of their personal vehicles, possessions and property, or when these activities are performed without compensation. For motor vehicle and mobile equipment surface coating, all sources and individuals that spray more than two motor vehicles or pieces of mobile equipment per year are subject to the terms in the final rule.

In the data-gathering stage, ASA urged the EPA to consider training qualifications, equipment requirements, and enforcement as three critical components of the regulation. ASA believes this final rule adequately addresses these elements.

The regulation is a result of the Clean Air Act of 1990, which requires the U.S. EPA to identify sources that emit one or more of the 188 listed toxic air pollutants.

To view the final regulation, visit www.TakingTheHill.com.