Outdated Exemption List, Subchapter S - March 14, 1997
Subchapter S: Surface Coating
106.431. Milling and Grinding of Coatings and
Molding Compounds (Previously SE 16)
106.432. Dipping Tanks and Containers (Previously SE 50)
106.433. Surface Coat Facility (Previously SE 75)
106.434. Powder Coating Facility (Previously SE 104)
106.435. Classic or Antique Automobile Restoration Facility (Previously SE 116)
106.436. Auto Body Refinishing Facility (Previously SE 124)
Equipment used exclusively to mill or grind coatings and molding compounds where all materials charged are in a paste form is exempt.
Containers, reservoirs, or tanks used exclusively for dipping operations for coating objects with oils, waxes, or greases where no organic solvents, diluents, or thinners are used; or dipping operations for applying coatings of natural or synthetic resins which contain no organic solvents are exempt.
Surface coating or stripping facilities, excluding vehicle repair and refinishing shops, shall meet the following conditions of this section to be exempt.
(1) This section does not cover metalizing (spraying molten metal onto a surface to form a coating). However, this section does cover the use of coatings which contain metallic pigments.
(2) All facilities covered by this section at a site shall implement good housekeeping procedures to minimize fugitive emissions, including the following.
(A) All spills shall be cleaned up immediately.
(B) The booth or work area exhaust fans shall be operating when cleaning spray guns and other equipment.
(C) All new and used coatings and solvents shall be stored in closed containers. All waste coatings and solvents shall be removed from the site by an authorized disposal service or disposed of at a permitted on-site waste management facility.
(3) Drying or curing ovens shall either be electric or meet the following conditions:
(A) The maximum heat input to any oven must not exceed 40 million British thermal units per hour (Btu/hr).
(B) Heat shall be provided by the combustion of one of the following: sweet natural gas; liquid petroleum gas; fuel gas containing no more than 5.0 grains of total sulfur compounds (calculated as sulfur) per 100 dry standard cubic foot; or Number 2 fuel oil with not more than 0.3% sulfur by weight.
(4) No add-on control equipment shall be used to meet the emissions limits of this section. The total uncontrolled emissions from the coating materials (as applied) and cleanup solvents shall not exceed the following for all operations:
(A) 25 tons per year (tpy) of volatile organic compounds (VOC) and ten tpy of exempt solvents for all surface coating and stripping operations covered by section at a site;
(B) 30 pounds per hour (lb/hr) of VOC and 5.0 lb/hr of exempt solvents for all surface coating and stripping operations covered by this section at a site;
(C) if emissions are less than 0.25 lb/hr of VOC and/or exempt solvents, a facility is exempt from the remaining requirements of this section, including paragraphs (5) - (9) of this section.
(5) Opacity of visible emissions shall not exceed 5.0%. Compliance shall be determined by the United States Environmental Protection Agency Method 9 averaged over a six-minute period.
(6) The following conditions apply to surface coating operations performed indoors, in a booth, or in an enclosed work area:
(A) no more than six lb/hr of VOC emissions, averaged over any five-hour period, and 500 pounds per week per booth or enclosed work area;
(B) minimum face velocity at the intake opening of each booth or work area is 100 feet per minute (ft/min). Emissions shall be exhausted through elevated stacks that extend at least 1.5 times the building height above ground level. All stacks shall discharge vertically; rain protection shall not restrict or obstruct vertical flow;
(C) for spraying operations, emissions of particulate matter must be controlled using either a water wash system or a dry filter system with a 95% removal efficiency as documented by the manufacturer. The face velocity at the filter shall not exceed 250 ft/min or that specified by the filter manufacturer, whichever is less. Filters shall be replaced whenever the pressure drop across the filter no longer meets the manufacturer's recommendation.
(7) For surface coating operations that are performed outdoors or in a non-enclosed work area, or for indoor operations that do not meet the conditions of paragraph (6) of this section, the following conditions apply.
(A) No more than six lb/hr of VOC emissions, averaged over any five-hour period, and 500 pounds per week shall be emitted at any time for all operations authorized by this paragraph.
(B) If coatings applied with spray equipment contain more than 0.1% by weight of chromates, lead, cadmium, selenium, strontium, or cobalt, then total VOC emissions shall be further limited to 240 pounds per week and 2,000 pounds per year. If coatings are applied with non-spray equipment (such as brushes, rollers, dipping or flow coating), the additional restrictions in this paragraph do not apply.
(C) Coating operations shall be conducted at least 50 feet from the property line and at least 250 feet from any recreational area, residence, or other structure not occupied or used solely by the owner or operator of the facility or the owner of the property upon which the facility is located.
(D) Before construction of the facility begins, written site approval shall be received from the appropriate regional office of the commission or any local program having jurisdiction.
(8) The following records shall be maintained at the plant site for the most recent 24 months and be made immediately available to the commission or any pollution control agency with jurisdiction:
(A) material safety data sheets for all coating materials and solvents;
(B) data of daily coatings and solvent use and the actual hours of operation of each coating or stripping operation;
(C) a monthly report that represents actual hours of operation each day, and emissions from each operation in the following categories:
(i) pounds per hour;
(ii) pounds per day;
(iii) pounds per week; and
(iv) tons emitted from the site during the previous 12 months;
(D) examples of the method of data reduction including units, conversion factors, assumptions, and the basis of the assumptions.
(9) Before construction begins, the facility shall be registered with the commission using Form PI-7.
Surface coating operations utilizing powder coating materials with the powder applied by an electrostatic powder spray gun or an electrostatic fluidized bed are exempt.
"Classic" or "Antique" vehicle restoration facilities (the terms "classic" and "antique" vehicle as determined by the Texas Department of Public Safety Vehicle Inspection and Registration Section pursuant to Texas Traffic Laws (Texas Civil Statutes, Article 6675a-5n. CLASSIC MOTOR VEHICLES: REGISTRATION AND LICENSE PLATES)) qualify for this exemption from permitting if all of the following conditions of this section are met.
(1) All automobile body/chassis abrasive blast cleaning and coating operations shall be performed in a closed building or enclosure that is located at least 50 feet away from any property lines; or the facility shall be located a minimum of 300 feet from any recreational area or residence not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located, except that structures occupied by security or watch personnel may be located contiguously.
(2) Total abrasive usage shall be less than 100 pounds per hour, 500 pounds per day, and five tons per year.
(3) Combined clean-up material and paint usage, including solvents used for cleaning or thinning purposes, shall be less than five gallons per day and 100 gallons per year.
(4) All waste coatings, solvents, and spent automotive fluids shall be stored in covered containers and disposed of properly.
(5) The owner or operator of the restoration facilities shall maintain daily and annual records in sufficient detail to verify the usage limits in paragraphs (2) and (3) of this section. These records shall be maintained for a minimum of two years and made available at the request of personnel from the commission or any local pollution control program having jurisdiction.
(6) Facilities conducting vehicle repair and refinishing operations under 106.436 of this title (relating to Auto Body Refinishing Facility (Previously SE 124)) may also conduct classic or antique vehicle restoration.
Body repair and refinishing of motorcycle, passenger car, van, light truck and heavy truck and other vehicle body parts, bodies, and cabs is exempt, provided that all the following conditions of this section are met.
(1) Before construction begins, the facility shall be registered with the commission's Office of Air Quality in Austin using Form PI-7-124.
(2) Facilities which satisfy one of the following conditions.
(A) Spray operations that use less than 1/2 pint of coatings and solvents per hour are exempt from all of the requirements of this section except for paragraphs (3), (4), (16), and (17) of this section.
(B) Spray operations that use less than two gallons of coatings and solvents per week are exempt from all of the requirements of this section except for paragraphs (3), (4), (8), (11), (12), (14), (16), and (17) of this section unless additional controls are specified in 115.421 of this title (relating to Emission Specifications). Additionally, all overspray emissions must be vented through a filter system that meets the requirements of paragraph (7) of this section.
(3) Good housekeeping is practiced: spills are cleaned up as soon as possible, equipment is maintained according to manufacturers' instructions, and property is kept clean. In addition, all waste coatings, solvents, and spent automotive fluids including, but not limited to, engine oil, gear oil, transmission fluid, brake fluid, anti-freeze, fresh or waste fuels, and spray booth filters or water wash sludge are disposed of properly. Prior to disposal, all liquid waste shall be stored in covered containers.
(4) There are no visible emissions leaving the property.
(5) All spray coating operations which coat more than nine square feet (one panel) shall be performed in a totally enclosed filtered spray booth or totally enclosed filtered spray area with an air intake area of less than 100 square feet. All spray areas shall be equipped with a fan that achieves one of the following requirements:
(A) a flow capacity of at least 10,000 cubic feet per minute;
(B) a face velocity of at least 100 feet per minute.
(6) All spray coating operations which coat less than nine square feet (one panel) and are not in a totally enclosed booth shall be performed on or in a dedicated preparation area which meets the following requirements.
(A) The preparation area ventilation system shall be operating during spraying, and the exhaust air shall either be vented through a stack to the atmosphere or the air shall be recirculated back into the shop through a carbon adsorption system.
(B) If the preparation area is equipped with a carbon adsorption system, the carbon shall be replaced at the manufacturer's recommended intervals to minimize solvent emissions.
(C) The preparation area ventilation system shall be equipped with a filter or filter system to control paint overspray.
(7) All paint booth, spray area, and preparation area overspray (exhaust) filters or filter systems shall have a particulate control efficiency of at least 90%.
(8) High transfer efficiency coating application equipment shall be used, such as high volume low pressure spray guns. Electrostatic spray guns or other methods, if demonstrated to provide equivalent or better transfer efficiency are acceptable.
(9) Cleanup emissions shall be minimized by implementing the following procedures:
(A) spray and other equipment cleanup is totally enclosed during washing, rinsing, and draining. Non-enclosed cleaners may be used if the vapor pressure of the cleaning solvent is less than 100 millimeters of mercury at 68 degrees Fahrenheit and the solvent is directed toward a drain that leads directly to a remote reservoir;
(B) all wash solvents are kept in an enclosed reservoir that is covered at all times, except when being refilled with fresh solvents;
(C) all waste solvents and other cleaning materials are kept in closed containers.
(10) All spray booth spray area, preparation area, and shop heaters that are not electrically heated must use pipeline quality natural gas or liquified petroleum gas only and the heaters are five million British thermal units per hour or smaller. No firing of waste coatings, solvents, oils, or other automotive fluids shall be permitted on-site.
(11) All spray booth, spray area, and preparation area stack heights shall meet the following requirements.
(A) If the stack is located within 200 feet of a building that is taller than the body shop building, the stack height shall be at least 1.2 times the height of the tallest building or higher as measured from ground level.
(B) If the stack is located greater than 200 feet from a building taller than the body shop building, the stack height shall be at least 1.2 times the height of the body shop building as measured from ground level.
(C) If any ground level elevation within 250 feet of the spray booth stack is greater than the stack height required in subparagraphs (A) and (B) of this paragraph, this section cannot be used.
(12) Spray booth, spray area, and preparation area stacks shall be located at least 50 feet away from any residence, recreation area, church, school, child care facility, or medical or dental facility.
(13) Rain caps, goose neck exhaust, or other stack heads that would restrict or obstruct vertical discharge of air contaminants shall not be allowed.
(14) The volatile organic compound (VOC) content limits specified in 115.421 of this title, concerning automobile and light-duty truck coatings, shall apply to the facility regardless of its location.
(15) Definitions of the coating types specified in subparagraphs (A) - (H) of this paragraph are based on 115.10 of this title (relating to Definitions), and the VOC content limits shall be those listed in 115.421 of this title. Shop use of the coating categories listed in subparagraphs (A) - (H) of this paragraph in gallons per month shall not be exceeded:
(A) cleanup solvents - 50 gallons per month;
(B) wipe solvents - 50;
(C) precoat - 50;
(D) pretreatment - 50;
(E) sealers - 50;
(F) primers/primer surfacer - 175;
(G) top coats - 320;
(H) specialty coatings - 50.
(16) The following records and reports shall be maintained at the shop site for a consecutive 24-month period and be made immediately available upon request of personnel from the commission or any other air pollution control agency with jurisdiction:
(A) material safety data sheet (MSDS) or other coating data sheets on paint and solvent systems used during the previous 24-month period or currently in use at the shop. The MSDS or coating data sheets should clearly indicate the VOC content of the product and the VOC content of multiple component coatings when mixed according to manufacturers instructions;
(B) records of monthly coating and solvent purchases (invoices from suppliers are acceptable);
(C) records of monthly paint and solvent use if purchase volumes are above the levels specified for any category in paragraph (15) of this section;
(D) additional records are kept in sufficient detail, if necessary, to allow an annual emission inventory to be submitted according to the requirements in 101.10 of this title (relating to Emissions Inventory Requirements);
(E) records of the United States Environmental Protection Agency and the commission's Office of Waste Management registration or identification numbers for each waste generator.
(17) Compliance with the requirements of this section does not eliminate the requirement to comply with all rules of the commission, including 101.4 of this title (relating to Nuisance). The commission may require a facility to cease operation until the matter is resolved.
(18) After December 31, 1994, the conditions of this exemption
are effective as to facilities in existence prior to the adoption
of this section.
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