Section 115.427 - ExemptionsIn the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas as defined in § 115.10 of this title (relating to Definitions) and in Gregg, Nueces, and Victoria Counties, the following exemptions apply.
(1) The following coating operations are exempt from the miscellaneous metal parts and products surface coating emission specifications in § 115.421(8) of this title (relating to Emission Specifications): (A) aerospace vehicles and components;(B) in the Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas, vehicle refinishing (body shops); and(C) in the Beaumont-Port Arthur and Houston-Galveston-Brazoria areas, ships and offshore oil or gas drilling platforms.(2) The following coating operations are exempt from the factory surface coating of flat wood paneling emission specifications in § 115.421(9) of this title: (A) the manufacture of exterior siding;(C) particle board used as a furniture component.(3) In the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas, the following exemptions apply to surface coating processes, except for vehicle refinishing (body shops) controlled by § 115.421(12) of this title. Excluded from the volatile organic compounds (VOC) emission calculations are coatings and solvents used in surface coating activities that are not addressed by the surface coating categories of §115.421(1) - (16) or § 115.453 of this title (relating to Control Requirements). For example, architectural coatings (i.e., coatings that are applied in the field to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs) at a property would not be included in the calculations. (A) Surface coating operations 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 § 115.421 of this title and § 115.423 of this title (relating to Alternate Control Requirements).(B) Surface coating operations 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 § 115.421 and § 115.423 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 emission specifications and that control equipment is not technically or economically feasible.(C) Surface coating operations on a property for which total coating and solvent usage does not exceed 150 gallons in any consecutive 12-month period are exempt from § 115.421 and § 115.423 of this title.(D) Mirror backing coating operations located on a property that, when uncontrolled, emit a combined weight of VOC less than 25 tons in one year (based on historical coating and solvent usage) are exempt from this division.(E) Wood furniture manufacturing facilities that are subject to and are complying with § 115.421(15) of this title and § 115.422(3) of this title (relating to Control Requirements) are exempt from § 115.421(14) of this title. These wood furniture manufacturing facilities must continue to comply with § 115.421(14) of this title until these facilities are in compliance with § 115.421(15) and § 115.422(3) of this title.(F) Wood furniture manufacturing facilities that, when uncontrolled, emit a combined weight of VOC from wood furniture manufacturing operations less than 25 tons per year (tpy) are exempt from § 115.421(15) and § 115.422(3) of this title.(G) In Hardin, Jefferson, and Orange Counties, wood parts and products coating facilities are exempt from § 115.421(14) of this title.(H) In Hardin, Jefferson, and Orange Counties, shipbuilding and ship repair operations that, when uncontrolled, emit a combined weight of VOC from ship and offshore oil or gas drilling platform surface coating operations less than 50 tpy are exempt from § 115.421(16) and § 115.422(4) of this title.(I) In Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties, shipbuilding and ship repair operations that, when uncontrolled, emit a combined weight of VOC from ship and offshore oil or gas drilling platform surface coating operations less than 25 tpy are exempt from § 115.421(16) and § 115.422(4) of this title.(J) The following activities where cleaning and coating of aerospace vehicles or components may take place are exempt from this division: research and development, quality control, laboratory testing, and electronic parts and assemblies, except for cleaning and coating of completed assemblies.(4) Vehicle refinishing (body shops) in Hardin, Jefferson, and Orange Counties are exempt from §115.421(12) and § 115.422(1) and (2) of this title.(5) The coating of vehicles at in-house (fleet) vehicle refinishing operations and the coating of vehicles by private individuals are exempt from §115.421(11)(B) and § 115.422(1) and (2) of this title. This exemption is not applicable if the coating of a vehicle by a private individual occurs at a commercial operation.(6) Aerosol coatings (spray paint) are exempt from this division. (7) In Gregg, Nueces, and Victoria Counties, surface coating operations located at any property that, when uncontrolled, will emit a combined weight of VOC less than 550 pounds (249.5 kilograms) in any continuous 24-hour period are exempt from § 115.421 of this title. Excluded from this calculation are coatings and solvents used in surface coating activities that are not addressed by the surface coating categories of §115.421(1) - (10) of this title. For example, architectural coatings (i.e., coatings that are applied in the field to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs) at a property would not be included in the calculation. (8) In the Dallas-Fort Worth and Houston-Galveston-Brazoria areas, the following surface coating categories that are subject to the requirements of Chapter 115, Subchapter E, Division 5 of this title (relating to Control Requirements for Surface Coating Processes) are exempt from the requirements in this division: (A) large appliance coating;(B) metal furniture coating;(C) miscellaneous metal parts and products coating;(D) each paper coating line with the potential to emit equal to or greater than 25 tpy of VOC from all coatings applied; and(E) automobile and light-duty truck manufacturing coating.(9) In the Dallas-Fort Worth area, except in Wise County, and the Houston-Galveston-Brazoria area, the re-coating of used miscellaneous metal parts and products at a designated on-site maintenance shop that was exempt from § 115.421(8) of this title prior to January 1, 2012, or that begins operation on or after January 1, 2012, is exempt from all requirements in this division. The re-coating of used miscellaneous metal parts and products at a designated on-site maintenance shop that was subject to § 115.421(8) of this title prior to January 1, 2012, remains subject to this division. For purposes of this exemption, a designated on-site maintenance shop is an area at a site where used miscellaneous metal parts or products are re-coated on a routine basis. Miscellaneous metal parts and products coating processes in Wise County are not subject to this division.30 Tex. Admin. Code § 115.427
The provisions of this §115.427 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective July 17, 1991, 16 TexReg 3726; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective November 16, 1992, 17 TexReg 7782; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective March 7, 1996, 21 TexReg 1548; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective April 7, 1998, 23 TexReg 3503; amended to be effective July 20, 2000, 25 TexReg 6752; amended to be effective August 29, 2001, 26 TexReg 6303;amended to be effective January 17, 2003, 28 TexReg 113; amended to be effective October 20, 2005, 30 TexReg 6738; amended to be effective December 29, 2011, 36 TexReg 8897; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3947, eff. 6/25/2015