The letter specifically addresses the growing use of 3 oz. paint cups to potentially exempt affected businesses.

"Unfortunately, the application of the rule has created a practice where some businesses are claiming to be exempt by filling 3 oz. cups multiple times while doing traditional collision repair operations in an attempt to continue to perform the work in an uncontained or mobile environment," the letter states. "It is our position that an exemption which invalidates pollution controls based solely on the size of the tool being used rather than the amount of pollution being generated is ineffective and harmful policy; because the rule is silent on the refilling of the 3 oz. cups, there exists a continued potential to circumvent the rule."

"This is an extremely sensitive issue in markets like ours in New Jersey that have a growing population of mobile refinishers," said Alliance of Automotive Service Providers of New Jersey (AASP/NJ) Executive Director Charles Bryant. "Our member repair facilities are working diligently to meet and often exceed the standards of environmental responsibility, and that advancement often requires an investment on their part. It is important to ensure that everyone operating within the market is meeting these requirements, and that we don't have entities undermining the intent of the regulations so that they can compete unsafely without needing to recover the investment in the standard. AASP/NJ is so appreciative to have an organization with such size and credibility like SCRS, and its affiliates, to work with on these issues."

SCRS and the endorsing associations recommended that the EPA Regional offices refer to language found in the comments documented in the federal register that indicate that the initial purpose of the exemption was specifically to address stone chip, scratch and small graphic airbrush work – and to distinguish that work from work done in a conventional collision repair environment.

The letter suggests "that this exemption of 3.0 fluid ounces (89 cubic centimeters (cc)) or less should be changed to read that a hand-held device with a paint cup capacity that is equal to or less than 3.0 fluid ounces (89 cc) cannot be refilled or be able to spray more than 3.0 fluid ounces of spray-applied coating per vehicle repair."

The letter also reiterates additional comments in the federal register that specifically say that mobile refinishers are still subject to the rule requirements for "training, spray equipment and use of a spraybooth or other ventilated and filtered enclosure" if they're performing more traditional collision repair functions.

The letter specifically requests a documented response from the EPA on three items:

• The exemption for coatings applied with a paint cup equal to or less than 3 fluid oz., and clarification that the rule applies to the type of work being performed

• That a 3 fluid oz. cup cannot be used and repeatedly filled to circumvent the rule.

• Clarification that while a business applying coatings may be exempt from Rule 6H by meeting certain stated requirements, the exemption does not negate other additional regulatory requirements (such as OSHA, local zoning codes or fire ordinances) that may prohibit spraying flammable solvent or coatings with Hazardous Air Pollutants (HAPs) outside of a contained environment.

"Efforts such as this, where SCRS is working side-by-side with our affiliates to address real issues in the marketplace, speaks directly to the foundation which SCRS was built upon," said SCRS Executive Director Aaron Schulenburg. "We have been fortunate to grow this network of strong and active associations, and harnessing our collective voice is perhaps one of the most effective resources we have to work with. This approach has proven to be succesful in other situations, and I am confident that as we continue to apply this approach of working together with our affiliates, and other interested associations, we will realize the tangible betterment for our collective membership that we seek."

Once received and compiled, the responses will be distributed through the SCRS Affiliate Associations and posted to the SCRS website. 

Read the full letter

SCRS