| (a) Except as specified in subsection (d) of this section,
the owner or operator of application processes located on a property
with actual combined emissions of volatile organic compounds (VOC)
less than 3.0 tons per calendar year, when uncontrolled, from all
adhesives, adhesive primers, and solvents used during related cleaning
operations, is exempt from the requirements of this division, except
as specified in §115.478(b)(2) of this title (relating to Monitoring
and Recordkeeping Requirements). When calculating the VOC emissions,
adhesives and adhesive primers that are exempt under subsections (b)
and (c) of this section are excluded.
(b) Except as specified in subsection (d) of this section,
the following application processes are exempt from the VOC limits
in §115.473(a) of this title (relating to Control Requirements)
and the application system requirements in §115.473(b) of this
title:
(1) adhesives or adhesive primers being tested or evaluated
in any research and development, quality assurance, or analytical
laboratory;
(2) adhesives or adhesive primers used in the assembly,
repair, or manufacture of aerospace components or undersea-based weapon
system components;
(3) adhesives or adhesive primers used in medical equipment
manufacturing operations;
(4) cyanoacrylate adhesive application processes;
(5) aerosol adhesive and aerosol adhesive primer application
processes;
(6) polyester-bonding putties used to assemble fiberglass
parts at fiberglass boat manufacturing properties and at other reinforced
plastic composite manufacturing properties; and
(7) processes using adhesives and adhesive primers
that are supplied to the manufacturer in containers with a net volume
of 16 ounces or less or a net weight of 1.0 pound or less.
(c) Except as specified in subsection (d) of this section,
the owner or operator of any process or operation subject to another
division of this chapter that specifies VOC content limits for adhesives
or adhesive primers used during any of the application processes listed
in §115.473(a) of this title, is exempt from the requirements
in this division. Adhesives and adhesive primers used for miscellaneous
metal and plastic parts surface coating processes in §115.453(a)(1)(C)
- (F) and (2) of this title (related to Control Requirements) meeting
a specialty application process definition in §115.470 of this
title (relating to Applicability and Definitions) are not included
in this exemption. Contact adhesives are not included in this exemption.
When an adhesive or adhesive primer meets more than one adhesive application
process definition in §115.470 of this title, the least stringent
applicable VOC content limit applies.
(d) If the commission publishes notice in the Texas Register, as provided in §115.479(c)
of this title (relating to Compliance Schedules) for either the Dallas-Fort
Worth area or §115.479(d) of this title for the Houston-Galveston-Brazoria
area, or both areas, to require compliance with the contingency measure
control requirements of §115.473(e) of this title for the Dallas-Fort
Worth area and/or §115.473(f) of this title for the Houston-Galveston-Brazoria
area, then the exemptions in subsections (a) - (c) of this section
are no longer available, and the following exemptions apply in the
applicable area as of the compliance date specified in §115.479(c)
or (e) of this title.
(1) The owner or operator of application processes
who demonstrates that the total volume of noncompliant products, including
all adhesives, adhesive primers, and solvents used during related
cleaning operations, located on the property is less than 55 gallons
per calendar year is exempt from the requirements of this division,
except as specified in §115.478(b)(2) of this title. The owner
or operator may not use this paragraph to exclude noncompliant adhesives
used in architectural applications; contact adhesives; special purpose
contact adhesives; adhesives used on porous substrates; rubber vulcanization
adhesives and top and trim adhesives.
(2) The requirements in §115.473(e) and (f) do
not apply to:
(A) adhesives or adhesive primers used in the assembly,
repair, or manufacture of aerospace components;
(B) adhesive tape;
(C) aerosol adhesives and primers dispensed from non-refillable
aerosol spray systems;
(D) regulated products sold in quantities of one fluid
ounce or less;
(E) adhesives used to glue flowers to parade floats;
(F) adhesives used to fabricate orthotics and prosthetics
under a medical doctor's prescription;
(G) shoe repair, luggage, and handbag adhesives;
(H) research and development programs and quality assurance
labs;
(I) solvent welding operations used in the manufacturing
of medical devices; or
(J) adhesives used in tire repair.
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| Source Note: The provisions of this §115.471 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 |
