Skip to Content
Questions or Comments: airperm@tceq.texas.gov

Outdated Title 30 TAC 116 Standard Exemption 103, October 4, 1995

Outdated Title 30 TAC 116 Standard Exemptions organized by exemption number and date.

Exemption

Clicking on a highlighted number below links you to the standard exemption.

122 | 123 | 124

122. Any silo used to store hot mix asphalt or asphalt emulsion concrete mixtures which meets the following conditions:

(a) No cutback asphalt mixtures are stored;

(b) For silos on location for more than six months, all truck traffic areas are paved and cleaned as necessary to achieve maximum control of dust emissions and for those silos on location for six months or less, the truck traffic areas are sprinkled with water and/or chemicals as necessary to achieve maximum control of dust emissions.

(c) Fuel used for heating the silo is sweet natural gas as defined in 30 TAC Chapter 101 as adopted by the Texas Natural Resource Conservation Commission (TNRCC) or liquid petroleum gas or first run refinery grade diesel or Number 2 fuel oil that is not a blend containing waste oils or solvents and that contains less than 0.5% by weight sulfur.

(d) The silo(s) is located at least 300 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the silo(s) is located.

(e) Before construction begins, written site approval is received from the Executive Director of the TNRCC and the facility is registered with the TNRCC Office of Air Quality in Austin using Form PI-7.

123. Any new aerospace equipment and parts manufacturing plant, or physical and operational change to an existing aerospace equipment and parts manufacturing plant, provided that the following conditions are satisfied:

(a) For purposes of this exemption, aerospace equipment and parts manufacturing plant means the entire operation on the property which engages in the fabrication or assembly of parts, tools, or completed components of any aircraft, helicopter, dirigible, balloon, missile, drone, rocket, or space vehicle. This exemption will not include composite aerospace equipment and parts manufacturing plants. Composite plants are defined to be plants whose products are less than 50% metal, by weight, based on annual production figures. This definition excludes those operations specifically authorized by other exemptions. For example, a boiler would not be considered a part of the aerospace manufacturing plant, but could be authorized under Standard Exemption Number 7 if all pertinent requirements were met.

(b) Emission points associated with the aerospace equipment and parts manufacturing plant or changes to that plant shall be located at least 100 feet from any off-plant receptor*.

(c) The total annual emissions, in tons per year, of the following air contaminants authorized under this exemption, on a cumulative basis, from the entire aerospace manufacturing plant does not exceed the values specified:

Inhalable Particulate matter 5 tpy
Volatile Organic Compounds (VOC) 15 tpy
Acid gases or vapors 5 tpy
Non VOC carbon compound emissions 10 tpy
Total of all the above air contaminants 25 tpy

(d) Hourly emissions of total new or increased emissions, including fugitives, of particulate matter or chemicals listed or referenced in Table 118A of Standard Exemption 118 shall not exceed the hourly emission rate, E, as determined using the equation, E = L/K lb/hr and Table 123A, where:

E = maximum allowable hourly emission, lb/hr,
L = limit value (see Table 118A), milligrams per cubic meter,
K = value from Table 123A (interpolate intermediate values), and
D = distance to the nearest off-plant receptor from the closest affected emission point.

Table 123A

D, Feet K
100 326
200 200
300 139
400 104
500 81
600 65
700 54
800 46
900 39
1000 34
2000 14
3000 or more 1

(e) Before construction or change in operation begins, registration shall be submitted to the Texas Natural Resource Conservation Commission Office of Air Quality in Austin using a completed Form PI-7.

The emission data provided in the PI-7 shall include all process emission sources at the plant, both existing and proposed, and shall be the maximum allowed emissions for permitted units, the actual emissions for existing grandfathered or exempted units, and the projected maximum allowable emissions for proposed units. Emissions shall be speciated by chemical compound and the stack parameters, as appropriate, for each emission source shall be provided.

Registration shall include a description of the project, calculations, and data identifying specific chemical names, "L" values, "D" values, and a description of pollution control equipment, if any.

(f) An emissions inventory shall be compiled and/or updated on an annual basis for all process emission sources on the property, maintained on a two-year rolling retention cycle, and made available upon request by the Executive Director. The inventory records should include the basis for all emissions estimates, sample calculations, and material usage records. Material and solvent usage records shall be maintained in sufficient detail to document compliance with this standard exemption.

(g) Emissions from each existing and proposed stack, hood, vent, or opening to the atmosphere shall have no visible emissions.

(h) Any facility in which any chemical listed in paragraph (4) of this condition will be handled or stored as a liquid or a compressed gas in a compound mixture of a concentration greater than 10% by weight or an aqueous solution of any chemical listed in (4) greater than 50% by weight shall comply with paragraphs (1)-(3) below:

(1) The facility shall be located at least 300 feet from the nearest property line and 600 feet from any off-plant receptor.

(2) The cumulative amount of any one of the chemicals listed in paragraph (4) of this condition, resulting from one or more authorizations under this exemption, shall not exceed 500 pounds on the plant property.

(3) Any chemical listed in paragraph (4) of this condition shall be handled only in containers operated in compliance with United States Department of Transportation regulations (49 Code of Federal Regulations Parts 171 through 178).

(4) Listed chemicals are: acrolein, ammonia, bromine, carbon disulfide, chlorine, ethyl mercaptan, hydrogen chloride, hydrogen bromide, hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, phosphine, sulfur dioxide, methyl bromide, methyl isocyanate, methyl mercaptan, nickel carbonyl, phosgene.

*Off-plant receptor means any recreational area or residence or other structure not occupied or used solely by the owner or operator of the aerospace equipment and parts manufacturing plant or the owner of the property upon which the aerospace plant is located. Controlled access recreational areas owned by the property owner or the owner or operator of the aerospace plant are not off-plant receptors.

124. Body Repair and refinishing of motorcycle, passenger car, vans, light truck and heavy truck and other vehicle body parts, bodies, and cabs provided that all the following conditions are met:

(a) Before construction begins, the facility shall be registered with the Texas Natural Resource Conservation Commission (TNRCC) Office of Air Quality in Austin using Form PI-7-124.

(b) Facilities which satisfy one of the following conditions:

(1) Spray operations that use less than one half pint of coatings and solvents per hour are exempt from all of the requirements of this exemption except for (c), (d), (p) and (q).

(2) Spray operations that use less than two gallons of coatings and solvents per week are exempt from all of the requirements of this exemption except for (c), (d), (h), (k), (l), (n), (p) and (q) unless additional controls are specified in 30 TAC Section 115.421. Additionally all overspray emissions must be vented through a filter system that meets the requirements of condition (g).

(c) 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, 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.

(d) There are no visible emissions leaving the property.

(e) 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:

(1) A flow capacity of at least 10,000 cubic feet per minute.

(2) A face velocity of at least 100 feet per minute.

(f) 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:

(1) 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 in to the shop through a carbon adsorption system.

(2) If the preparation area is equipped with a carbon adsorption system, the carbon shall be replaced at the manufacturers recommended intervals to minimize solvent emissions.

(3) The preparation area ventilation system shall be equipped with a filter or filter system to control paint overspray.

(g) All paint booth, spray area, and preparation area over spray (exhaust) filters or filter systems shall have a particulate control efficiency of at least 90%.

(h) 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.

(i) Cleanup emissions shall be minimized by implementing the following procedures:

(1) 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 towards a drain that leads directly to a remote reservoir.

(2) All wash solvents are kept in an enclosed reservoir that is covered at all times, except when being refilled with fresh solvents.

(3) All waste solvents and other cleaning materials are kept in closed containers.

(j) 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.

(k) All spray booth, spray area, and preparation area stack heights shall meet the following requirements:

(1) 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.

(2) 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.

(3) If any ground level elevation within 250 feet of the spray booth stack is greater than the stack height required above, this Standard Exemption cannot be used.

(l) 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.

(m) Rain caps, goose neck exhaust, or other stack heads that would restrict or obstruct vertical discharge of air contaminants shall not be allowed.

(n) The volatile organic compounds (VOC) content limits specified in 30 TAC Section 115.421, concerning automobile and light-duty truck coatings, shall apply to the facility regardless of its location.

(o) Definitions of the coating types specified below are based on 30 TAC Section 115.10, and the VOC content limits shall be those listed in 30 TAC Section 115.421. Shop use of the coating categories listed below in gallons per month shall not be exceeded;

Cleanup Solvents 50 gallons per month
Wipe solvents 50
Precoat 50
Pretreatment 50
Sealers 50
Primers/Primer Surfacer 175
Top coats 320
Specialty coatings 50

(p) 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 Texas Natural Resource Conservation Commission (TNRCC) or any other air pollution control agency with jurisdiction:

(1) Material Safety Data Sheet 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.

(2) Records of monthly coating and solvent purchases (invoices from suppliers are acceptable).

(3) Records of monthly paint and solvent use if purchase volumes are above the levels specified for any category in Condition (o).

(4) Additional records are kept in sufficient detail, if necessary, to allow an annual emission inventory to be submitted according to the requirements in 30 TAC Section 101.10, concerning emission inventory requirements.

(5) Records of EPA and the TNRCC Office of Waste Management, registration or identification numbers for each waste generator.

(q) Compliance with the requirements of this exemption does not eliminate the requirement to comply with all rules of the TNRCC, including 30 TAC Section 101.4, regarding nuisance. The TNRCC may require a facility to cease operation until the matter is resolved.

(r) After December 31, 1994, the conditions of this exemption are effective as to facilities in existence prior to the adoption of this exemption.

Note: After July 31, 1994 paragraphs (h), (i), (n), and (p) become effective in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Liberty, Montgomery, Tarrant, and Waller Counties as required by 30 TAC Chapter 115.


Questions? We Can Help

If you have questions contact us.