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.
