IS YOUR AVIATION FACILITY ON EPA’S RADAR?

New Painting Regulation Impacts Small and Mid-Scale Aviation Facilities—Fines & Penalties Could Be Severe

Which Facilities Does the Rule Affect?

Any aviation facility that engages in painting of aircraft, aircraft parts, or ground support equipment or that uses paint strippers containing methylene chloride is affected.

What is Methylene Chloride and how do you know if you facility uses it?

Methylene Chloride is a chlorinated solvent that is widely used in chemical paint stripper formulations. The best way to determine if your facility uses methylene chloride is to review the Material Safety Data Sheets (MSDS) for all of your paint stripping compounds; the presence of methylene chloride should be indicated in the section on hazardous ingredients.

What Does the Rule Require?

The upcoming regulation requires that all affected facilities comply with the following standards:

1. Implement a written Best Management Plan illustrating the facility’s approach to reducing the use of paint strippers that contain methylene chloride;
2. Ensure that all painters successfully complete a certification course every five years;
3. Implement new filtration systems and enclosed paint spray booths or similar enclosures;
4. Utilize high transfer efficiency paint spray guns; and
5. Utilize specialized machines to clean paint spray guns.

What Are The Compliance Dates?

New and reconstructed sources that began operating on or after September 17, 2007 must be in compliance upon startup. Existing facilities (in operation prior to September 17, 2007) have until January 10, 2011 to comply with all the requirements of this regulation.

How long will it take to implement the required changes at your facility?

Taking a proactive approach is generally more budget friendly than taking a reactive approach. Evaluations, equipment design, ordering, and installation — not to mention your painters’ training and certification could take in excess of six months. Keep in mind that as the deadline approaches, inventories typically become exhausted.

What Are The Reporting and Record Keeping Requirements?

Affected facilities must submit an Initial Notification Report and an Initial Compliance Report. Additionally, annual reports may also be required. There are numerous record-keeping requirements associated with these new standards, including records of the painter training certifications. These records must be maintained in a designated format for at least five years and must be available for unannounced inspections by the EPA.

What are the financial impacts if your facility does not comply by the set date?

It’s not uncommon for a rule of this nature to command fines of up to $27,500 per violation, per day. “Economic Benefit of Non-Compliance Fines” can also be assessed; meaning, EPA will estimate how much money a facility saved by not complying with the rule and add back that amount to the initial fine.

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