Body repair and refinishing of motorcycle, passenger car, van, light truck and heavy truck and other vehicle body parts, bodies, and cabs is permitted by rule, provided that all the following conditions of this section are met.
  (1) Before construction begins, the facility shall be registered with the commission's Office of Permitting, Remediation, and Registration in Austin using Form PI-7-124.
  (2) Facilities which satisfy one of the following conditions.
    (A) Spray operations that use less than 1/2 pint of coatings and solvents per hour are exempt from all of the requirements of this section except for paragraphs (3), (4), (16), and (17) of this section.
    (B) Spray operations that use less than two gallons of coatings and solvents per week are exempt from all of the requirements of this section except for paragraphs (3), (4), (8), (11), (12), (14), (16), and (17) of this section unless additional controls are specified in §115.421 of this title (relating to Emission Specifications). Additionally, all overspray emissions must be vented through a filter system that meets the requirements of paragraph (7) of this section.
  (3) 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, and 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.
  (4) There are no visible emissions leaving the property.
  (5) 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:
    (A) a flow capacity of at least 10,000 cubic feet per minute;
    (B) a face velocity of at least 100 feet per minute.
  (6) 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.
    (A) 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 into the shop through a carbon adsorption system.
    (B) If the preparation area is equipped with a carbon adsorption system, the carbon shall be replaced at the manufacturer's recommended intervals to minimize solvent emissions.
    (C) The preparation area ventilation system shall be equipped with a filter or filter system to control paint overspray.
  (7) All paint booth, spray area, and preparation area overspray (exhaust) filters or filter systems shall have a particulate control efficiency of at least 90%.
  (8) 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.
  (9) Cleanup emissions shall be minimized by implementing the following procedures:
    (A) 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 toward a drain that leads directly to a remote reservoir;
    (B) all wash solvents are kept in an enclosed reservoir that is covered at all times, except when being refilled with fresh solvents;
    (C) all waste solvents and other cleaning materials are kept in closed containers.
  (10) 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.
  (11) All spray booth, spray area, and preparation area stack heights shall meet the following requirements.
    (A) 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.
    (B) 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.
    (C) If any ground level elevation within 250 feet of the spray booth stack is greater than the stack height required in subparagraphs (A) and (B) of this paragraph, this section cannot be used.
  (12) 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.
  (13) Rain caps, goose neck exhaust, or other stack heads that would restrict or obstruct vertical discharge of air contaminants shall not be allowed.
  (14) The volatile organic compound (VOC) content limits specified in §115.421 of this title, concerning automobile and light-duty truck coatings, shall apply to the facility regardless of its location.
  (15) Definitions of the coating types specified in subparagraphs (A) - (H) of this paragraph are based on §115.10 of this title (relating to Definitions), and the VOC content limits shall be those listed in §115.421 of this title. Shop use of the coating categories listed in subparagraphs (A) - (H) of this paragraph in gallons per month shall not be exceeded:
    (A) cleanup solvents--50 gallons per month;
    (B) wipe solvents--50;
    (C) precoat--50;
    (D) pretreatment--50;
    (E) sealers--50;
    (F) primers/primer surfacer--175;
    (G) top coats--320;
    (H) specialty coatings--50.
  (16) 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 commission or any other air pollution control agency with jurisdiction:
    (A) material safety data sheet (MSDS) 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;
    (B) records of monthly coating and solvent purchases (invoices from suppliers are acceptable);
    (C) records of monthly paint and solvent use if purchase volumes are above the levels specified for any category in paragraph (15) of this section;
    (D) additional records are kept in sufficient detail, if necessary, to allow an annual emission inventory to be submitted according to the requirements in §101.10 of this title (relating to Emissions Inventory Requirements);
    (E) records of the United States Environmental Protection Agency and the commission's Office of Permitting, Remediation, and Registration registration or identification numbers for each waste generator.
  (17) Compliance with the requirements of this section does not eliminate the requirement to comply with all rules of the commission, including §101.4 of this title (relating to Nuisance). The commission may require a facility to cease operation until the matter is resolved.
  (18) After December 31, 1994, the conditions of this permit by rule are effective as to facilities in existence prior to the adoption of this section.

Source Note: The provisions of this §106.436 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653