On January 9, the U.S. Environmental Protection Agency (EPA) finalized a rule to regulate Area Source Emission Standards for paint stripping and surface coating that was significantly revised based on comments submitted by the National Marine Manufacturers Association (NMMA) on behalf of the recreational marine industry.
NMMA applauds EPA for making appropriate changes to the rule, entitled “National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.”
As originally proposed in September 2007, the rule would have regulated area sources which, in the case of the marine industry, include boatyards, marinas and small boatbuilders with emissions of hazardous air pollutants (HAPs) under 10 tons.
HAPs consist of a list of 187 chemicals, including xylene and toluene, found in marine paints and styrene, used in reinforced plastics. The proposed rule targeted facilities that use methylene chloride in paint stripping operations or apply surface coatings that contain HAPs. For these facilities, the originally-drafted rule would require owners to implement a series of work practice standards and conduct all surface coating operations inside a spray booth.
“In formal written comments, NMMA expressed its view to EPA that the spray booth requirement would prevent boatyards and marinas from conducting outdoor bottom painting or maintenance touch-up painting,” explains John McKnight, director or Environmental Safety & Compliance for NMMA. “NMMA also noted the proposed rule would force small boatbuilders to comply with what is, essentially, a plastic and metal parts MACT standard, while major source boatbuilders are currently exempt from this regulation.”
As a result of NMMA’s comments, EPA made significant changes to the final rule, which remedy concerns for the recreational marine industry.
First, EPA has agreed to limit the rule’s application to what it defines as “HAPs of concern” to surface coatings that contain cadmium, chromium, lead, manganese and nickel compoundsânone of which are used in marine applications. The final rule also exempts adhesives, caulks, sealants and maskants, and coatings from aerosol cans, which is consistent with the boatbuilder exemption in the major source plastic and metal parts MACT standards. Finally, in the definition of a coating, EPA exempts “in-mold coatings that are spray applied in the manufacture reinforced plastic composite parts,” which, in practice, means boatbuilding.
NMMA recommends small boatbuilders, marinas and boatyards review the chemicals in their surface coatings to determine if they contain one of the five HAPs of concern. In addition, if you are an area source and are using methylene chloride in paint stripping operations, you may be out of compliance with this new regulation. Providing your facility does not use a HAP of concern, it is exempt from the rule.
For additional information about the Area Source Emission Standards ruling, contact John McKnight at (202) 737-9757; [email protected].
National Marine Manufacturers Association (NMMA) is the leading association representing the recreational boating industry. NMMA member companies produce more than 80 percent of the boats, engines, trailers, accessories and gear used by boaters in the United States. The association is dedicated to industry growth through programs in public policy, market research and data, product quality assurance and marketing communications.By: Lindsey Savin Johnson
