(a) The volatile organic compounds (VOC) from coatings
and solvents used in surface coating processes and associated cleaning
operations not addressed by the surface coating categories in §115.421(3)
- (7), (9), (10), and (13) - (16) of this title (relating to Emission
Specifications) or §115.453 of this title (relating to Control
Requirements) are excluded from the VOC emission calculations for
the purposes of paragraphs (1) - (3) of this subsection. For example,
architectural coatings applied in the field to stationary structures
and their appurtenances, portable buildings, pavements, or curbs at
a property would not be included in the calculations, except as specified
in paragraphs (4) and (5) of this subsection.
(1) All surface coating processes on a property that,
when uncontrolled, will emit a combined weight of VOC of less than
3.0 pounds per hour and 15 pounds in any consecutive 24-hour period
are exempt from all of the requirements in §115.453 of this title
except §115.453(f) - (i) of this title.
(2) Surface coating processes on a property that, when
uncontrolled, will emit a combined weight of VOC of less than 100
pounds in any consecutive 24-hour period are exempt from §115.453(a)
of this title if documentation is provided to and approved by both
the executive director and the United States Environmental Protection
Agency to demonstrate that necessary coating performance criteria
cannot be achieved with coatings that satisfy applicable VOC limits
and that control equipment is not technologically or economically
feasible.
(3) Surface coating processes on a property where total
coating and solvent usage does not exceed 150 gallons in any consecutive
12-month period are exempt from the VOC limits in §115.453(a)
of this title.
(4) As of the applicable compliance date in §115.459(e)
or (g) of this title, if the commission has published notice for the
Dallas-Fort Worth and/or Houston-Galveston-Brazoria area in the Texas Register, as provided in §115.459(e)
or (g) of this title, to require compliance for the applicable area
with the industrial maintenance coatings contingency measure control
requirements of §115.453(f) or (g) of this title, respectively,
the exemptions in paragraphs (1) through (3) of this subsection no
longer apply to industrial maintenance coatings. The owner or operator
of a site may continue to exclude industrial maintenance coatings
from the criteria in paragraphs (1) through (3) of this subsection
for the purposes of determining applicability of this division for
the purposes of coatings other than industrial maintenance coatings.
(5) As of the applicable compliance date in §115.459(f)
or (h) of this title, if the commission has published notice for the
Dallas-Fort Worth and/or Houston-Galveston-Brazoria area in the Texas Register, as provided in §115.459(f)
or (h) of this title, to require compliance for the applicable area
with the traffic marking coatings contingency measure control requirements
of §115.453(h) or (i) of this title, respectively, the exemptions
in paragraphs (1) through (3) of this subsection no longer apply to
traffic marking coatings. The owner or operator of a site may continue
to exclude traffic marking coatings from the criteria in paragraphs
(1) through (3) of this subsection for the purposes of determining
applicability of this division for the purposes of coatings other
than traffic marking coatings.
(b) The following surface coating processes are exempt
from the VOC limits for miscellaneous metal and plastic parts coatings
in §115.453(a)(1)(C) - (F) of this title and motor vehicle materials
in §115.453(a)(2) of this title:
(1) large appliance surface coating;
(2) metal furniture surface coating;
(3) automobile and light-duty truck assembly surface
coating; and
(4) surface coating processes specified in §115.420(a)(1)
- (9) and (11) - (16) of this title (relating to Applicability and
Definitions).
(c) Paper, film, and foil surface coating processes
are exempt from the coating application system requirements in §115.453(c)
of this title and the coating use work practice requirements in §115.453(d)(1)
of this title.
(d) Automobile and light-duty truck assembly surface
coating processes are exempt from the coating application system requirements
in §115.453(c) of this title and the cleaning-related work practice
requirements in §115.453(d)(2) of this title.
(e) Automobile and light-duty truck assembly surface
coating materials supplied in containers with a net volume of 16 ounces
or less, or a net weight of 1.0 pound or less, are exempt from the
VOC limits in Table 2 in §115.453(a)(3) of this title.
(f) The following miscellaneous metal part and product
surface coatings and surface coating processes are exempt from the
coating application system requirements in §115.453(c) of this
title:
(1) touch-up coatings, repair coatings, and textured
finishes;
(2) stencil coatings;
(3) safety-indicating coatings;
(4) solid-film lubricants;
(5) electric-insulating and thermal-conducting coatings;
(6) magnetic data storage disk coatings; and
(7) plastic extruded onto metal parts to form a coating.
(g) All miscellaneous plastic part airbrush surface
coatings and surface coating processes where total coating usage is
less than 5.0 gallons per year are exempt from the coating application
system requirements in §115.453(c) of this title.
(h) The application of extreme high-gloss coatings
to pleasure craft is exempt from the coating application system requirements
in §115.453(c) of this title.
(i) The following miscellaneous plastic parts surface
coatings and surface coating processes are exempt from the coating
VOC limits in §115.453(a)(1)(D) of this title:
(1) touch-up and repair coatings;
(2) stencil coatings applied on clear or transparent
substrates;
(3) clear or translucent coatings;
(4) any individual coating type used in volumes less
than 50 gallons in any one year, if substitute compliant coatings
are not available, provided that the total usage of all such coatings
does not exceed 200 gallons per year, per property;
(5) reflective coating applied to highway cones;
(6) mask coatings that are less than 0.5 mil thick
dried and the area coated is less than 25 square inches;
(7) electromagnetic interference/radio frequency interference
(EMI/RFI) shielding coatings; and
(8) heparin-benzalkonium chloride-containing coatings
applied to medical devices, if the total usage of all such coatings
does not exceed 100 gallons per year, per property.
(j) The following automotive/transportation and business
machine plastic part surface coatings and surface coating processes
are exempt from the VOC limits in §115.453(a)(1)(E) of this title:
(1) texture coatings;
(2) vacuum-metalizing coatings;
(3) gloss reducers;
(4) texture topcoats;
(5) adhesion primers;
(6) electrostatic preparation coatings;
(7) resist coatings; and
(8) stencil coatings.
(k) Powder coatings and ultraviolet curable coatings
applied during metal and plastic parts surface coating processes specified
in §115.453(a)(1)(C) - (F) and (2) of this title are exempt from
the requirements in this division, except as specified in §115.458(b)(5)
of this title (relating to Monitoring and Recordkeeping Requirements).
(l) Aerosol coatings (spray paint) are exempt from
the requirements in this division, except for §115.453(f) - (i)
of this title.
(m) Coatings applied to test panels and coupons as
part of research and development, quality control, or performance
testing activities at paint research or manufacturing facilities are
exempt from the requirements in this division.
(n) Pleasure craft touch-up and repair coatings supplied
in containers less than or equal to 1.0 quart, are exempt from the
VOC limits in §115.453(a)(1)(F) of this title provided that the
total usage of all such coatings does not exceed 50 gallons per calendar
year per property.
(o) Pleasure craft surface coating processes are exempt
from the VOC limits in §115.453(a)(1)(C) and (D) of this title.
(p) Adhesives applied to miscellaneous metal and plastic
parts listed in §115.453(a)(1)(C) - (F) and (2) of this title
that meet a specific adhesive or adhesive primer application process
definition in §115.470 of this title (relating to Applicability
and Definitions) and are listed in Table 2 of §115.473(a) of
this title (relating to Control Requirements) are not subject to the
requirements in this division. Contact adhesives are not included
in this exemption.
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Source Note: The provisions of this §115.451 adopted to be effective December 29, 2011, 36 TexReg 8897; amended to be effective June 25, 2015, 40 TexReg 3907; amended to be effective May 16, 2024, 49 TexReg 3292 |