PARTNERS IN PREVENTION

New EPA ‘Reg Nav’ Tool for Body Shops: Do You Qualify for a 6H Exemption?

Auto body and collision repair shops that apply coatings to motor vehicles or mobile equipment are automatically subject to an Environmental Protection Agency rule known as the “6H rule” (40 CFR Part 63 Subpart HHHHHH NESHAP). To qualify for an exemption, a shop needs to document that it does not spray coatings containing target hazardous air pollutants (HAPs).

The EPA has a new screening tool to help businesses decide if they are exempt. The tool is a huge timesaver with product data from major manufacturers all in one place. Enter “epa reg nav” in a search engine to find the Regulation Navigation Tool webpage. Then click on “Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources: determining exemption eligibility.”

Note that if you use any amount of paint stripper containing methylene chloride, you are still subject to the stripping portions of the rule even if you are exempted from the spraying portion.

About the Reg Nav tool

The Reg Nav tool starts by reviewing definitions to confirm your shop’s activities are under the rule. If a shop does not apply coatings to motor vehicles or mobile equipment, or sprays exclusively out of threeounce or smaller cups, then an exemption petition is not needed, as the shop is already exempt.

Next, the Reg Nav tool asks up to three questions:

The first question asks whether your paints contain target HAPs. Target HAPs are cadmium, chromium, lead, manganese and nickel. If the paints are target HAP-free, then you can petition for an exemption. The tool provides lists from major paint manufacturers showing which products contain target HAPs.

If you have target HAPs, the second question asks if you can switch to target HAP-free coatings. You can search the manufacturers’ paint lists for alternative formulas to see if a switch is possible.

The last question asks about the composition of the paint. This is important because some paints, such as pearlescents, will have target HAPs above the threshold levels; however, the paint must be evaluated as sprayed, not as supplied. Since pearls are such a small paint component after toner and reducer are added, it is likely that the pearlescent paint will be below the thresholds (Pendola, 2021, para. 9).

After completing the questionnaire, exempt shops are provided with an example petition form and contact information for sending the form.

What if I’m not exempt?

The 6H rule went into effect over a decade ago, and since then, most manufacturers have removed target HAPs below allowable thresholds. Many auto body shops can demonstrate they are exempt from the 6H rule. If you are not exempt, employee training requirements and technical specifications for spray booths, control equipment and spray guns apply.

Air Permitting Exemption

In addition to 6H, body shops must assess if an air permit is needed. Most body shops don’t need an air permit, because most can qualify as an insignificant facility or as a conditionally exempt facility by following certain operational, recordkeeping and notification requirements that are similar to 6H.

Questions?

If you have questions about 6H or air permitting, contact the Small Business Environmental Assistance Program at the Minnesota Pollution Control Agency by phone at (651) 282-6143 or e-mail smallbizhelp. pca@state.mn.us.

In addition to 6H, body shops must assess if an air permit is needed. Most body shops don’t need an air permit, because most can qualify as an insignificant facility or as a conditionally exempt facility by following certain operational, recordkeeping and notification requirements that are similar to 6H.