New York State Air Pollution Control Requirement Changes
for Automotive Refinishing in 2005

Autobody shops in New York State (NYS) number in the thousands and are required to meet certain air emission control requirements. As of January 1, 2005, autobody shops will need to comply with the revised coating standards of New York State’s Air Pollution Control Regulation, Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Part 228 (6 NYCRR Part 228).

Part 228 requires businesses that perform surface coating processes to use certain equipment and materials designed to reduce solvent emissions. Additionally, all auto body shops, except for small operations located in Upstate New York, are required to obtain a registration with NYS Department of Environmental Conservation (DEC).

Reason for the Change

The reason for the change is to control volatile organic compounds (VOC’s) in NYS. VOC’s (often found in paints and reducers/thinners) evaporate during the surface coating operations and contribute to air pollution, which is harmful to low atmosphere ozone in NYS.

Effective January 1, 2005, autobody facilities will have to comply with several important changes:

• Part 228 now applies to all auto body facilities in the state of New York, not just the New York City Metropolitan facilities as in the past.
• Regardless of paint usage rates, all autobody refinishers will have to use complying coatings, high efficiency spray equipment, and new cleaning methods.

New Requirements for Paint & Equipment

Part 228 requires the use of compliant coatings (listed below) AND the use of high transfer efficiency application techniques.

In response to federal and state requirements to reduce VOC emissions, the new compliant coatings have a lower solvent content.

In order to meet the VOC limits, you must specify to your vendor that you need compliant coatings, and mix them (proper amount of reducer) according to the manufacturer’s directions. The limits vary according to the coating type, shown in the chart below.

Most autobody and refinishing shops are expected to use High Volume Low Pressure (HVLP) paint spray guns to comply with the new high transfer efficiency requirement in Part 228. This type of spray equipment is designed to minimize paint and solvent waste by reducing overspray and bounce back of paint droplets.

Part 228 requires that a maximum cap pressure of 10.0 pounds per square inch gauge (psig) be maintained during spraying. If used properly, this equipment will result in some real savings in material costs per job and reduce solvent emissions. To maximize the efficiencies that can be achieved with this type of equipment, training is highly recommended.

Recordkeeping

All facilities must keep records on site to verify the actual VOC content of each coating as applied. Records of purchases and usage of coatings and solvent must also be maintained in a format acceptable to the NYS DEC. Copies of purchase receipts and a simple log showing material usage on a monthly basis must be maintained. The records must be submitted to DEC if requested. In addition, information about the application equipment including the paint spray booth should be kept. All records must be maintained at the facility for five years.

Materials Handling and Storage

Containers used to store paints, solvents, rags or any other items that contain solvents must be kept closed when not being used. Spills must be minimized during handling and transfer of materials. Coating application equipment must be cleaned using methods that capture or minimize VOC emissions.

The "WRONG" way to store your containers

Air Facility Registration

The table below is a guide you should use to determine if your shop/shops are required to apply for a DEC Registration Certificate.

Geographic Location	Total Facility Usage	Regulatory Responsibility
New York City metropolitan area. All of the city of New York, and Nassau, Suffolk, Westchester and Rockland Counties. And: Lower Orange County metropolitan area. The area including the towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury.	Your actual VOC emissions are less than 12.5 tons per year	You must comply with Part 228 and obtain a registration from your Regional DEC
REMAINDER of New York State	If you use less than 25 gal. of coating materials (paints) and cleaning solvents, combined per month.	You must comply with Part 228, however no registration from DEC is required; though records must be maintained as described above.
	More than 25 gal. month of coating materials (paints) and cleaning solvents, combined per month and less than 25 tons per year of actual VOC emissions.	You must comply with Part 228 and obtain a Registration from your Regional DEC

New Special Exemption

If you only paint small areas, 9.0 square feet or less,, and use no more than 55 gallons of coatings and cleaning solvents on an annual basis, then you may be exempt from registration requirements. This exemption is only provided after the painting area is vented through a filter to remove particulate/paint emissions, and the shop complies with all of the requirements of Part 228 described above.

Further Assistance

If you have more questions or need further guidance pertaining to Part 228, contact the New York State Environmental Facilities Corporation, Small Business Assistance Program (NYSEFC, SBAP) Ph: 1-800-780-7227 in NYS, (518) 402-7462 outside NYS, Fax: (518) 486-9248, Email: sbap@nysefc.org.

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