What happens if I have started a new shop in the last two years and I have not submitted
the Initial Notification or Compliance Certification?
The Rule requires that shops opened after September 17, 2007 to be in full compliance with
the rule as of January 9, 2008. These shops are considered "new sources" and if they are not
in compliance with the rule they can face penalties. Pursue Compliance Certification and
submit as soon as possible.
What if I haven't submitted the Initial Notification that was due in January 2010?
You are in violation of the Rule. Submit the Initial Notification as soon as possible.
Can the EPA shut my shop down if I am not in compliance when they come in or is there a
window of opportunity to fix the problem after I get caught?
While EPA may not specifically "shut down" a shop, they can impose fines that may be difficult
for a small business to cover. There is a window of opportunity between now and January 10,
2011 for shops to come into compliance with the rule. Use this time to get your shop in
compliance with the rule NOW.
Can a painter be fined for working in a shop that is not in compliance or just the
shop owner?
The ultimate responsibility for compliance with the rule is on the owner of the shop,
not the individual painters.
What are key requirements for an approved spray booth? Prep station?
Spray booths for spray painting vehicles must be fully enclosed and be ventilated at negative
pressure or up to 0.05 inches water gauge positive pressure. Booths must have seals on all
doors and other openings and an automatic pressure balancing system.
Prep stations for spray painting parts off of vehicles must have a full roof, at least three
complete walls or side curtains (up to the roof). They must be ventilated so air is drawn into
the prep station.
Do I have to do all painting and priming in the booth if I don't have a prep station or
prep area set-up the right way?
All spray priming and painting must be done in an appropriate booth or prep station.
Parts can be primed and painted in an approved prep station.
Vehicles or parts on a vehicle must be sprayed in an approved booth.
When re-doing a prep station that is currently not to code (lights, electrical, and motor)
does it have to be brought up to code, or do you just have to do just what the EPA
wants, and not worry about anything else? Forexample, if it is a room with three
walls and a pull down door, does it still need a top?
The federal rule is silent on code issues as those can vary at the local level. However,
compliance with the federal rule is NOT an excuse to disregard local code or safety
requirements which still apply as do all applicable OSHA requirements.
A room with three walls and a pull down door may be considered a booth, but it must also
meet the filter requirements and must function as a booth (with no storage of extra parts,
old materials, etc.) The room's ceiling may then function as the roof of the booth.
If all I do is sand in the prep station, do I still have to install a roof and sides?
No, the rule only applies to "spray application" of products, so sanding is not a covered
activity under this rule.
Can I paint a fender on a vehicle in my spray booth? How about parts?
Parts attached to the vehicle can only be sprayed in your spray booth. Any part not
attached to the vehicle may be sprayed in either an approved prep station or the
spray booth.
What are the painter training and certification requirements?
Painter Training
The EPA's NESHAP 6H regulation has specific painter training requirements.
Painter training content must include:
Spray gun selection, set-up, and operation
Techniques to improve transfer efficiency and minimize overspray
Routine spray booth and filter maintenance
Filter selection and installation
Proper spray gun cleaning
NESHAP compliance requirements
In addition to this training content, HANDS ON TRAINING DEMONSTRATING
THESE PROCEDURES IS ALSO REQUIRED. Required hands on training must include
the following:
Successful completion of content training
HVLP or equivalent gun usage
Proper mixing of materials
Spray gun set-up, usage, and cleaning consistent with training and regulation
Spraying only in booth and / or approved prep station
Proper spray techniques
Booth maintenance procedures implemented and documented
Owner / Operator Certification
We recommend that this hands-on training be done as part of the painter training
certification in the shop. This certification must be signed only by the owner / operator
of the business, not a paint company, jobber, equipment supplier, EnviroSafe or other
vendor. Details on certification are found in EnviroSafe's NESHAP Manager's Handbook.
Please note that this NESHAP painter training requirements are distinct from the 60-Minute
Annual Compliance SP2 Training requirements.
Does a class covering these requirements cover me as far as the NESHAP painter
training requirement?
No. As is noted above, hands on training demonstrating required procedures are also
required. Finally, the certification process can only be completed by the owner / operator,
not a vendor or trade association or even EPA trainer.
What happens if I don't have the paper work that shows how I have certified my people
and I just fill in and sign the log?
The owner or operator of the shop is the responsible party under the requirements of the
federal rule, and paperwork and recordkeeping are part of the rule requirements. It is
important to maintain all records in a location that is easily accessible if an inspector comes
to your shop. If you do not have the necessary recordkeeping and documentation you can
be found to be in violation of the rule and can face penalties.
Return to EPA NESHAP information page
