"Classic" or "Antique" vehicle restoration facilities (the terms "classic" and "antique" vehicle as determined by the Texas Department of Public Safety Vehicle Inspection and Registration Section under Texas Transportation Code, Chapter 502, §502.274 (concerning Classic Motor Vehicles) or §502.275 (concerning Certain Antique Vehicles; Offense)) qualify for this permit by rule if all of the following conditions of this section are met.
  (1) All automobile body/chassis abrasive blast cleaning and coating operations shall be performed in a closed building or enclosure that is located at least 50 feet away from any property lines; or the facility shall be located a minimum of 300 feet from any recreational area or residence not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located, except that structures occupied by security or watch personnel may be located contiguously.
  (2) Total abrasive usage shall be less than 100 pounds per hour, 500 pounds per day, and five tons per year.
  (3) Combined clean-up material and paint usage, including solvents used for cleaning or thinning purposes, shall be less than five gallons per day and 100 gallons per year.
  (4) All waste coatings, solvents, and spent automotive fluids shall be stored in covered containers and disposed of properly.
  (5) The owner or operator of the restoration facilities shall maintain daily and annual records in sufficient detail to verify the usage limits in paragraphs (2) and (3) of this section. These records shall be maintained for a minimum of two years and made available at the request of personnel from the commission or any local pollution control program having jurisdiction.
  (6) Facilities conducting vehicle repair and refinishing operations under §106.436 of this title (relating to Auto Body Refinishing Facility) may also conduct classic or antique vehicle restoration.

Source Note: The provisions of this §106.435 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective August 4, 1998, 23 TexReg 7830; amended to be effective September 4, 2000, 25 TexReg 8653