Proposed Rules Title 30

TITLE 30. ENVIRONMENTAL QUALITY

PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CHAPTER 115. CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS

SUBCHAPTER E. SOLVENT-USING PROCESSES

DIVISION 7. MISCELLANEOUS INDUSTRIAL ADHESIVES

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) proposes amendments to 30 Texas Administrative Code (TAC) §§115.470, 115.471, and 115.473.

If adopted, the amended sections will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan (SIP).

Background and Summary of the Factual Basis for the Proposed Rules

Effective November 7, 2022, EPA reclassified nonattainment areas under the 2008 ozone National Ambient Air Quality Standards (NAAQS) (87 Federal Register (FR) 60926). A 10-county Dallas-Fort Worth (DFW) area (Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise Counties) and an eight-county Houston-Galveston-Brazoria (HGB) area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties) were reclassified from serious to severe nonattainment with a 2026 attainment year and an attainment deadline of July 20, 2027. Reclassification to severe nonattainment triggered emission control evaluation, emission reduction quantification, rule writing, and SIP submission requirements for the DFW and HGB 2008 ozone NAAQS nonattainment areas that were submitted to EPA on May 7, 2024, to meet the deadline established in EPA's reclassification action for the 2008 ozone NAAQS.

The proposed rule revisions would address federal Clean Air Act (FCAA) contingency measure requirements for the DFW and HGB ozone nonattainment areas. Contingency measures are control requirements that would take effect and result in emissions reductions if an area fails to attain a NAAQS by the applicable attainment date or fails to demonstrate reasonable further progress (RFP). Requirements for SIP contingency measures are established under FCAA, §172(c)(9) and §182(c)(9). This rule proposal specifically addresses the requirement for a contingency measure that would take effect if either or both of the DFW and HGB nonattainment areas fail to attain or fail to demonstrate RFP under the 2008 eight-hour ozone NAAQS. Contingency measures for the DFW and HGB 2008 eight-hour ozone nonattainment areas were developed and submitted to EPA in a 30 TAC Chapter 115 rulemaking (Project No. 2023-116-115-AI) and three SIP revisions adopted April 24, 2024: the DFW 2008 Ozone NAAQS Severe Attainment Demonstration (AD) SIP Revision (Project No. 2023-107-SIP-NR), the HGB 2008 Ozone NAAQS Severe AD SIP Revision (Project No. 2023-110-SIP-NR), and the DFW-HGB 2008 Ozone NAAQS Severe RFP SIP Revision (Project No. 2023-108-SIP-NR). The contingency measures included in this proposed rulemaking were inadvertently omitted from the Chapter 115 rulemaking adopted April 24, 2024.

Prior to adoption of the previous Chapter 115 rulemaking (Project No. 2023-116-115-AI), TCEQ staff determined there were omissions and incorrect limits in 30 TAC Chapter 115, Subchapter E, Division 7 rule revisions relating to Miscellaneous Industrial Adhesives. Omissions and incorrect limits in the rulemaking for the industrial adhesive volatile organic compounds (VOC) category resulted in an adopted industrial adhesive contingency measure that was insufficient to achieve the intended emission reductions in the associated SIP revisions. The industrial adhesives contingency measure was developed and intended to achieve VOC emissions reductions of 3.31 tons per day (tpd) in the DFW area and 3.12 tpd in the HGB area. However, the April 24, 2024 rulemaking implemented a measure that would only achieve 1.05 tpd in the DFW area and 0.99 tpd in the HGB area. If adopted and the contingency measures were triggered, this proposed rule revision would result in additional VOC emissions reductions of 2.26 tpd in the DFW area and 2.13 tpd in the HGB area. These additional SIP contingency emissions reductions would achieve the total contingency emissions reductions originally intended, 3.31 tpd in the DFW area and 3.12 tpd in the HGB area. Therefore, if adopted, this rulemaking would restore the emissions reductions to the amounts described in the contingency plan narratives in the adopted DFW AD SIP revision (Project No. 2023-107-SIP-NR), the HGB AD SIP revision (Project No. 2023-110-SIP-NR), and the DFW-HGB RFP SIP revision (Project No. 2023-108-SIP-NR).

The revisions proposed in this draft rule proposal (Project No. 2024-024-115-AI) would apply independently and separately for the DFW and HGB 2008 ozone NAAQS nonattainment areas. Implementation of a contingency measure would be triggered upon EPA publication of a notice in the Federal Register that the specified area(s) failed to meet the applicable ozone NAAQS by the applicable attainment date or demonstrate RFP and the commission's subsequent publication in the Texas Register that compliance with the contingency measure is required. Affected sources would be required to comply with the contingency rules by no later than 270 days after Texas Register publication.

Demonstrating Noninterference under Federal Clean Air Act, §110(l)

Under FCAA, §110(l), EPA cannot approve a SIP revision if it "would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of [the FCAA]." The commission provides the following information to demonstrate why the proposed changes to the Chapter 115, Subchapter E, Division 7 rules in §115.470 (relating to Applicability and Definitions) and §115.473 (relating to Control Requirements) would not negatively impact the state's progress towards attainment, interfere with control measures, or prevent reasonable further progress toward attainment of the ozone NAAQS in the DFW or HGB nonattainment areas.

The commission proposes changes to Subchapter E, Division 7, Miscellaneous Industrial Adhesives, to implement a SIP contingency measure, as required by FCAA, §172(c)(9) and §182(c)(9). This measure, if triggered, would reduce VOC emissions in the DFW and/or HGB areas by revising VOC content limits on various types of industrial adhesives. The changes add new and revised VOC content limits in 30 TAC §115.473(e) and (f) that would apply if the contingency measure were triggered for the DFW or HGB area, respectively. These limits would, upon triggering, replace the current Chapter 115 VOC content limits in §115.473(a) for the DFW and/or HGB areas with limits taken from South Coast Air Quality Management District (SCAQMD) Rule 1168, as amended November 4, 2022.

Existing limits for industrial adhesives in 30 TAC §115.473(a) were developed to meet reasonably available control technology (RACT) requirements established by the 2008 EPA Control Techniques Guidelines (CTG) for Miscellaneous Industrial Adhesives. The emission limit recommended in the CTG is based on the 2005 version of SCAQMD Rule 1168. Since 2005, SCAQMD Rule 1168 has been amended to establish emission limits for bonding specific substrates. After the 2005 amendment of SCAQMD Rule 1168, several industry groups commented that no available adhesives could meet the VOC content limits for several categories of materials, and SCAQMD amended the rule in 2005 to allow higher interim VOC content adhesives while lower VOC content adhesives were being developed. This process continued through 2022, with multiple studies, interim limits, and revised lower VOC content limits once compliant adhesives were developed.

The six VOC content limits reduced in this proposed rule are beyond the limits in the rulemaking adopted April 24, 2024 (Project No. 2023-116-115-AI), which were set at the interim limits for those materials categories in SCAQMD Rule 1168. The proposed limits would replace the Rule 1168 interim limits previously adopted with the SCAQMD Rule 1168 final limits for those materials categories. Changes in SCAQMD Rule 1168 since 2005 for pressure sensitive adhesive primers, adhesives to join two specialty plastics, adhesives used in the manufacturing of computer diskettes, and adhesives for structural wood components have increased VOC content limits beyond the VOC content in §115.473(a). The adhesive applications in these categories were new subcategories of previous SCAQMD Rule 1168 and TCEQ adhesive rule categories. TCEQ chose its industrial adhesive contingency measure VOC content limits to equal the SCAQMD Rule 1168 limits adopted November 4, 2022, because TCEQ agrees with SCAQMD's analysis on technological feasibility for these limits. SCAQMD's analysis can be found in SCAQMD's Preliminary Draft Staff Report for Rule 1168 - Adhesive and Sealant Applications, dated August 2022.

Calculated emissions reductions for this measure sum the reductions in some adhesive categories and the increases in other categories to produce net emission reductions. In the current proposed rulemaking, TCEQ provides the contingency measure emission reductions in a manner that avoids negatively impacting the status of the state's progress towards attainment or preventing reasonable further progress toward attainment of the ozone NAAQS in the DFW and HGB nonattainment areas or any other applicable requirement of the FCAA.

Section by Section Discussion

In addition to the information provided above for a background and summary of the proposed rules, including a demonstration of noninterference with §110(l) of the FCAA, the commission also proposes non-substantive changes to update the rules in accordance with current Texas Register style and format requirements, improve readability, establish consistency in the rules, and conform to the standards in the Texas Legislative Council Drafting Manual, September 2020. The specific substantive changes are discussed in greater detail in this Section by Section Discussion in the corresponding portions related to the affected rule sections.

SUBCHAPTER E: SOLVENT-USING PROCESSES

DIVISION 7. MISCELLANEOUS INDUSTRIAL ADHESIVES

The commission proposes amendments to Subchapter E, Division 7 to establish lower contingency VOC content limits for some existing industrial adhesive source categories, to add new subcategories of industrial adhesives with associated contingency measure VOC content limits, and to specify that the contingency VOC content limits, if triggered, would apply to adhesives used in the field. All contingency measure VOC content limits proposed in this rulemaking are the same or lower than the contingency measure limits added in the rulemaking adopted April 24, 2024 (Project No. 2023-116-115-AI). These amendments would be implemented in the DFW and/or HGB 2008 ozone NAAQS nonattainment areas if triggered for SIP contingency purposes.

In the rulemaking adopted April 24, 2024 (Project No. 2023-116-115-AI), staff inadvertently used interim higher VOC content limits from SCAQMD Rule 1168 for six industrial adhesive categories in Figures 30 TAC §115.473(e) and §115.473(f): acrylonitrile-butadiene-styrene (ABS) to polyvinyl chloride (PVC) Transition Cement, chlorinated polyvinyl chloride (CPVC) Welding Cement, Higher Viscosity CPVC, PVC Welding Cement, Rubber Vulcanization Adhesive, and Top and Trim Adhesive. This proposed rulemaking would correct each of these unintended VOC content limits with limits that are more stringent, as previously intended. The proposed rulemaking would also specify that the contingency VOC content limits, if triggered, would apply to adhesives used in the field. The proposed VOC content limits and applicability specification would align the SIP contingency rules in Chapter 115 with the limits used to calculate SIP contingency measure VOC emission reductions in the SIP revisions adopted April 24, 2024: the DFW AD SIP revision (Project No. 2023-107-SIP-NR), the HGB AD SIP revision (Project No. 2023-110-SIP-NR), and the DFW-HGB RFP SIP revision (Project No. 2023-108-SIP-NR).

Four of the contingency VOC content limits included in the Chapter 115 rulemaking adopted April 24, 2024, (Project No. 2023-116-115-AI) would be revised in this proposed rulemaking to be higher than the associated non-contingency VOC content limits in existing §115.473(a): ABS to PVC Transition Cement, PVC Welding Cement, Rubber Vulcanization Adhesive, and Top and Trim Adhesive. These changes will not interfere with meeting FCAA requirements in the DFW or HGB areas, as described elsewhere in this preamble, with all changes collectively producing net emission reductions.

This proposal would also add 20 industrial adhesive subcategories and establish industrial adhesive VOC content limits that, if triggered for SIP contingency purposes, would achieve VOC emissions reductions consistent with the limits used to calculate VOC emissions reductions in the SIP revisions adopted April 24, 2024: the DFW AD SIP revision (Project No. 2023-107-SIP-NR), the HGB AD SIP revision (Project No. 2023-110-SIP-NR), and the DFW-HGB RFP SIP revision (Project No. 2023-108-SIP-NR). The 20 industrial adhesive category VOC content limits were inadvertently omitted from the Chapter 115 rulemaking adopted April 24, 2024 (Project No. 2023-116-115-AI).

§115.470 Applicability and Definitions

The commission proposes to add a provision to §115.470(a) which, upon triggering for SIP contingency purposes for either the DFW or HGB area, or both, would make adhesives and adhesive primers applied for compensation subject to this rule division. This is intended to exclude consumer use while including institutional, commercial, and industrial uses. It would also exclude use by volunteers such as a Habitat for Humanity home build or volunteers repairing homes. Home building and remodeling contractors would be included since they are compensated for their work applying adhesives. Adhesive use in commercial, institutional, and industrial settings is included because those uses are assumed to be for compensation. Emissions from consumer use were not included in the emissions reductions calculation for this contingency measure. Prior to triggering for contingency, field use of adhesives would continue not to be subject to the division.

The commission proposes to add 43 new definitions and to amend three existing definitions in §115.470(b). The new definitions were inadvertently omitted from the Chapter 115 rulemaking adopted April 24, 2024, (Project No. 2023-116-115-AI) and would be necessary to implement VOC content limits for the proposed industrial adhesive source categories. New definitions are proposed to differentiate the new application-specific adhesives VOC content limits proposed in §115.473(e) and (f); to clarify the proposed lower VOC content limits for existing application-specific adhesive content limits in proposed §115.473(e) and (f); to clarify the applicability of existing control requirements in §115.473(b); and to clarify the applicability of exemptions in existing §115.471(d)(2)(A), §115.471(d)(2)(G), and §115.471(d)(2)(I).

New definitions are proposed for architectural application; building envelope; building envelope membrane adhesive; carpet pad adhesive; chlorinated polyvinyl chloride (CPVC) welding or CPVC welding cement for life safety systems; computer diskette manufacturing; dry wall adhesive; ethylene propylene diene terpolymer (EPDM) and thermoplastic polyolefin (TPO) single-ply roof membrane adhesive; glass, porcelain, and stone tile adhesive; hot applied modified bitumen or built up roof adhesive; modified bituminous material; modified bituminous primer; panel adhesive; roof adhesive primer; rubber flooring adhesive; rubber vulcanization adhesive; shingle laminating adhesive; structural glazing adhesive; structural wood member adhesive; subfloor adhesive; vinyl compositions tile (VCT); vinyl compositions tile or VCT adhesive; and wood flooring adhesive. The proposed new definitions in §115.470(b) would specify the meaning of VOC limits for the application-specific adhesives included in the tables in proposed §115.473(e) and §115.473(f).

The commission also proposes new definitions in §115.470(b) for acrylonitrile-butadiene-styrene (ABS); acrylonitrile-butadiene-styrene or ABS to polyvinyl chloride (PVC) transition cement; acrylonitrile-butadiene-styrene or ABS welding cement; edge glue; fiberglass; higher viscosity CPVC welding cement; pressure sensitive adhesive; tire tread adhesive; top and trim adhesive; traffic marking tape; and vehicle glass adhesive primer. The proposed new definitions would clarify which adhesives and primers would be subject to the lower VOC content limits in proposed §115.473(e) and (f) if triggered for contingency purposes.

The commission also proposes new definitions in §115.470(b) for dip coat; electrostatic spray; flow coat; hand application methods; high volume low-pressure (HVLP) spray; and transfer efficiency. The proposed new definitions would clarify the applicability of control requirements in existing §115.473(b).

The commission also proposes new terms and definitions for adhesive tapes; shoe repair, luggage, and handbag adhesive; and solvent welding in §115.470(b). The proposed new terms and definitions would clarify the applicability of exemptions in existing §115.471(d)(2)(A), §115.471(d)(2)(G), and §115.471(d)(2)(I).

The commission proposes to amend three existing definitions in §115.470(b). Language would be added to the definition for chlorinated polyvinyl chloride or CPVC welding to clarify that the VOC content limit in §115.473 (e) and (f) would apply to adhesives used in CPVC components for shower pan liner, drain, closet flange, and backwater valve systems as well as CPVC pipe and fittings. The commission also proposes amendments to the definitions for the existing terms indoor floor covering installation adhesive and multipurpose construction adhesive. The commission proposes to add language to each of these two definitions that would maintain the existing definition for use with the existing exemption provisions in §115.471(a) - (c) and add a revised definition for use with the exemption provisions in §115.471(d) and the control requirements in §115.473(e) and (f) if a contingency scenario is triggered in the DFW area, the HGB area, or both areas. Existing definitions in §115.470 would be renumbered and reordered accordingly but would not otherwise be substantively changed.

§115.471 Exemptions

The commission proposes to amend the last sentence of §115.471(d) to reference §115.479(c) or (d), rather than §115.479(c) or (e). This amendment would correctly stipulate the compliance schedule for a contingency scenario in either the DFW or HGB area, or both areas.

§115.473 Control Requirements

The commission proposes to adjust VOC content limits associated with the miscellaneous industrial adhesives to correct contingency measure deficiencies in existing subsection §115.473(e) for the DFW area and §115.473(f) for the HGB area. The existing contingency control requirements are the same for both areas and specify that the limits must be met by applying low-VOC adhesives or adhesive primers. Proposed changes would correct some VOC content limits included in a Chapter 115 rulemaking adopted April 24, 2024, and would add VOC content limits meant to be included in that previous rulemaking. The proposed revisions would establish emissions limits in §115.473(e) and §115.473(f) that are consistent with the current SCAQMD Rule 1168, as originally intended for the previously adopted rulemaking.

Proposed VOC content limits in the architectural applications category consist of building envelope membrane adhesive; carpet pad adhesive; ceramic tile installation adhesive; cove base installation adhesive, dry wall adhesive, glass, porcelain, and stone tile adhesive; multipurpose construction adhesives; and panel adhesive

Proposed VOC content limits in the roofing category consist of hot applied modified bitumen or built up roof adhesive, ethylene propylene diene terpolymer (EPDM) and thermoplastic polyolefin (TPO) single-ply roof membrane adhesive, single-ply roof installation and repair membrane adhesive (except EPDM and TPO), shingle laminating adhesive, and all other roof adhesives.

Other individual VOC content limits for application-specific adhesives are proposed for rubber floor adhesive, structural glazing adhesive, structural wood member adhesive, subfloor adhesive, vinyl compositions tile (VCT) and asphalt tile adhesive, wood flooring adhesive, all other indoor floor covering adhesives, and all other outdoor floor covering adhesives.

Fiscal Note: Costs to State and Local Government

Kyle Girten, Analyst in the Budget and Planning Division, has determined that for the first five-year period the proposed rules are in effect, no fiscal implications are anticipated for the agency or for other units of state or local government as a result of administration or enforcement of the proposed rule.

Public Benefits and Costs

Mr. Girten determined that for each year of the first five years the proposed rules are in effect, the public benefit anticipated would be compliance with federal law and continued protection of the environment and public health and safety combined with efficient and fair administration of VOC emission standards for the DFW and HGB areas. The proposed rulemaking is not anticipated to result in fiscal implications for individuals.

Proposed rulemaking in Subchapter E, Division 7 would incorporate additional contingency control provisions for the DFW and HGB areas. Should contingency requirements be triggered in these areas, this rulemaking would result in an estimated $1.6 million annual costs for all sources in the DFW area and $1.5 million annual costs for all sources in the HGB area. The total fiscal impact estimated to implement contingency requirements remains identical to that specified in an earlier rulemaking adopted on April 24, 2024 (Project No. 2023-116-115-AI). It is conservatively estimated at $2.3 million annually for all sources in the DFW area and $2.2 million annually for all sources in the HGB area as necessary to achieve VOC emission reductions of 1,208 and 1,139 tons VOC per year for the DFW area and the HGB area, respectively.

Local Employment Impact Statement

The commission reviewed this proposed rulemaking and determined that a Local Employment Impact Statement is not required because the proposed rulemaking does not adversely affect a local economy in a significant way for the first five years that the proposed rule is in effect.

Rural Communities Impact Assessment

The commission reviewed this proposed rulemaking and determined that the proposed rulemaking does not adversely affect rural communities in a material way for the first five years that the proposed rules are in effect. The amendments are specific to sources in the DFW and HGB areas. These areas have large urban populations, though there are some communities in these counties which are rural. The amendments would not disproportionately affect rural communities.

Small Business and Micro-Business Assessment

No adverse fiscal implications are anticipated for small or micro-businesses due to the implementation or administration of the proposed rule for the first five-year period the proposed rules are in effect.

Small Business Regulatory Flexibility Analysis

The commission reviewed this proposed rulemaking and determined that a Small Business Regulatory Flexibility Analysis is not required because the proposed rule does not adversely affect a small or micro-business in a material way for the first five years the proposed rules are in effect.

Government Growth Impact Statement

The commission prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program and would not require an increase or decrease in future legislative appropriations to the agency. The proposed rulemaking does not require the creation of new employee positions, eliminate current employee positions, or require an increase or decrease in fees paid to the agency. The proposed rulemaking amends an existing regulation, and it does not create, expand, repeal, or limit this regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years, the proposed rule should not impact positively or negatively the state's economy.

Draft Regulatory Impact Analysis Determination

Takings Impact Assessment

Under Texas Government Code, §2007.002(5), taking means a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or §17 or §19, Article I, Texas Constitution; or a governmental action that affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action; and is the producing cause of a reduction of at least 25 percent in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect. The commission completed a takings impact analysis for the proposed rulemaking action under the Texas Government Code, §2007.043.

The primary purpose of this proposed rulemaking action, as discussed elsewhere in this preamble, is to meet federal requirements for the implementation of control strategies necessary to attain and maintain the NAAQS for ozone mandated by 42 United States Code (USC), 7410, FCAA, §110, and required to be included in operating permits by 42 USC, §7661a, FCAA, §502. The proposed rule addresses contingency measure requirements for the DFW and HGB 2008 eight-hour ozone nonattainment areas, as discussed elsewhere in this preamble. States are required to adopt SIPs with enforceable emission limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of the FCAA. If a state does not comply with its obligations under 42 USC, §7410, FCAA, §110 to submit SIPs, states are subject to discretionary sanctions under 42 USC, §7410(m) or mandatory sanctions under 42 USC, §7509, FCAA, §179; as well as the imposition of a federal implementation plan under 42 USC, §7410, FCAA, §110(c). Under 42 USC, §7661a, FCAA, §502, states are required to have federal operating permit programs that provide authority to issue permits and assure compliance with each applicable standard, regulation, or requirement under the FCAA, including enforceable emission limitations and other control measures, means, or techniques, which are required under 42 USC, §7410, FCAA, §110. Similar to requirements in 42 USC, §7410, FCAA, §110, regarding the requirement to adopt and implement plans to attain and maintain the national ambient air quality standards, states are not free to ignore requirements in 42 USC, §7661a, FCAA, §502 and must develop and submit programs to provide for operating permits for major sources that include all applicable requirements of the FCAA. Lastly, states are also subject to the imposition of sanctions under 42 USC, §7661a(d) and (i), FCAA, §502(d) and (i) for failure to submit an operating permits program, the disapproval of any operating permits program, or failure to adequately administer and enforce the approved operating permits program.

The proposed rules would not create any additional burden on private real property beyond what is required under federal law, as the proposed rules, if adopted by the commission and approved by EPA, will become federal law as part of the approved SIP required by 42 U.S.C. §7410, FCAA, §110. The proposed rules would not affect private real property in a manner that would require compensation to private real property owners under the United States Constitution or the Texas Constitution. The proposal also would not affect private real property in a manner that restricts or limits an owner's right to the property that would otherwise exist in the absence of the governmental action. Therefore, the proposed rulemaking would not cause a taking under Texas Government Code, Chapter 2007.

Consistency with the Coastal Management Program

The commission reviewed the proposed rulemaking and found that the proposal is subject to the Texas Coastal Management Program (CMP) in accordance with the Coastal Coordination Act, Texas Natural Resources Code, §§33.201 et seq., and therefore must be consistent with all applicable CMP goals and policies. The commission conducted a consistency determination for the proposed rules in accordance with Coastal Coordination Act Implementation Rules, 31 TAC §29.22 and found the proposed rulemaking is consistent with the applicable CMP goals and policies. The CMP goal applicable to the proposed rulemaking is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (31 TAC §26.12(l)). The CMP policy applicable to the proposed rulemaking is the policy that commission rules comply with federal regulations in 40 CFR, to protect and enhance air quality in the coastal areas (31 TAC §26.32). The proposed rulemaking would not increase emissions of air pollutants and is therefore consistent with the CMP goal in 31 TAC §26.12(1) and the CMP policy in 31 TAC §26.32. Promulgation and enforcement of these rules would not violate or exceed any standards identified in the applicable CMP goals and policies because the proposed rules are consistent with these CMP goals and policies and because these rules do not create or have a direct or significant adverse effect on any coastal natural resource areas. Therefore, in accordance with 31 TAC §29.22(e), the commission affirms that this rulemaking action is consistent with CMP goals and policies. Written comments on the consistency of this rulemaking may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Effect on Sites Subject to the Federal Operating Permits Program

Chapter 115 is an applicable requirement under 30 TAC Chapter 122, Federal Operating Permits Program. If the proposed rules are adopted, owners or operators of affected sites subject to the federal operating permit program must, consistent with the revision process in Chapter 122, upon the effective date of the rulemaking, revise their operating permit to include the new Chapter 115 requirements.

Announcement of Hearing

The commission will hold a hold a virtual public hearing on this proposal on July 25, 2024, at 10:00 a.m. Central Daylight Time (CDT). The hearing is structured for the receipt of oral comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing at 9:30 a.m. CDT.

Individuals who plan to attend the hearing virtually and want to provide oral comments and/or want their attendance on record must register by July 23, 2024. To register for the hearing, please e-mail Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your e-mail address, your phone number, and whether or not you plan to provide oral comments during the hearing. Instructions for participating in the hearing will be sent on July 24, 2024, to those who register for the hearing.

For the public who do not wish to provide oral comments but would like to view the hearing may do so at no cost at: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_OTZiNTAyNjgtN2Y3My00MDhhLTg2ODEtMDNlZGRiYzk4NDc1%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%22e74a40ea-69d4-469d-a8ef-06f2c9ac2a80%22%7d.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/comment/search. File size restrictions may apply to comments being submitted via the TCEQ Public Comments system. All comments should reference Rule Project Number 2024-024-115-AI. The comment period closes on July 29, 2024. Please choose one of the methods provided to submit your written comments.

Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Kimberly Sauceda, Air Quality Planning Section, at (512) 239-1493 or kimberly.sauceda@tceq.texas.gov, Stationary Source Programs Team, 12100 Park 35 Circle, Bldg. F, Austin, Texas 78753, Mail: MC-206, P.O. Box 13087, Austin, Texas 78711-3087.

Statutory Authority

The amendments are proposed under Texas Water Code (TWC), §5.102, concerning general powers; §5.103, concerning Rules; TWC, §5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §7.002, concerning Enforcement Authority, which authorizes the commission to enforce the provisions of the Water Code and the Health and Safety Code within the commission's jurisdiction; and under Texas Health and Safety Code (THSC), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purpose of the Texas Clean Air Act.

The amendments are also proposed under THSC, §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state's air; THSC, §382.012, concerning the State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air; THSC, §382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to prescribe reasonable requirements for measuring and monitoring the emissions of air contaminants; and THSC, §382.021, concerning Sampling Methods and Procedures.

The proposed amendments implement TWC, §§5.102, 5.103, and 7.002; and THSC, §§382.002, 382.011, 382.012, 382.016, 382.017, and 382.021.

§115.470.Applicability and Definitions.

(a) Applicability. Except as specified in §115.471 of this title (relating to Exemptions), the requirements in this division apply to the owner or operator of a manufacturing operation using adhesives or adhesive primers for any of the application processes specified in §115.473 of this title (relating to Control Requirements) in the Bexar County, Dallas-Fort Worth and Houston-Galveston-Brazoria areas, as defined in §115.10 of this title (relating to Definitions). Adhesives or adhesive primers applied in the field (e.g., construction jobs in the field) are not subject to this division. 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, all adhesives or adhesive primers applied for compensation, regardless of location within the specified area, are subject to this division as of the compliance date specified in §115.479(c) or (d) of this title.

(b) Definitions. Unless specifically defined in the Texas Clean Air Act (Texas Health and Safety Code, Chapter 382) or in §§3.2, 101.1, or 115.10 of this title (relating to Definitions), the terms in this division have the meanings commonly used in the field of air pollution control. In addition, the following meanings apply in this division unless the context clearly indicates otherwise.

(1) Acrylonitrile-butadiene-styrene (ABS)--A plastic that is made by reacting monomers of acrylonitrile, butadiene, and styrene and is normally identified with an ABS marking.

(2) [~~(1)~~] Acrylonitrile-butadiene-styrene or ABS welding--Any process to weld acrylonitrile-butadiene-styrene pipe.

(3) Acrylonitrile-butadiene-styrene or ABS to polyvinyl chloride (PVC) transition cement--A plastic welding cement used to join ABS and PVC building drains or building sewers.

(4) Acrylonitrile-butadiene-styrene or ABS welding cement--A plastic welding cement that is used to join ABS pipe, fittings, and other system components, including, but not limited to, components for shower pan liner, drain, closet flange, and backwater valve systems.

(5) [~~(2)~~] Adhesive--Any chemical substance applied for the purpose of bonding two surfaces together other than by mechanical means.

(6) [~~(3)~~] Adhesive primer--Any product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.

(7) Adhesive tape--A backing material coated with an adhesive, and includes, but is not limited to, drywall tape, heat sensitive tape, pressure-sensitive adhesive tape, and water-activated tape.

(8) [~~(4)~~] Aerosol adhesive or adhesive primer--An adhesive or adhesive primer packaged as an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for handheld application without the need for ancillary hoses or spray equipment.

(9) [~~(5)~~] Aerospace component--Any fabricated part, processed part, assembly of parts, or completed unit of any aircraft including but not limited to airplanes, helicopters, missiles, rockets, and space vehicles. This definition includes electronic components.

(10) Architectural application--The use of adhesives or adhesive primers or both adhesive primers and adhesives on stationary structures, or their appurtenances including but not limited to mobile homes, hand railings; cabinets; bathroom and kitchen fixtures; fences; rain-gutters and down-spouts; window screens; lampposts; heating and air conditioning equipment; other mechanical equipment; large fixed stationary tools; signs; motion picture and television production sets; and concrete forms.

(11) [~~(6)~~] Application process--A series of one or more application systems and any associated drying area or oven where an adhesive or adhesive primer is applied, dried, or cured. An application process ends at the point where the adhesive is dried or cured, or prior to any subsequent application of a different adhesive. It is not necessary for an application process to have an oven or flash-off area.

(12) [~~(7)~~] Application system--Devices or equipment designed for the purpose of applying an adhesive or adhesive primer to a surface. The devices may include, but are not limited to, brushes, sprayers, flow coaters, dip tanks, rollers, and extrusion coaters.

(13) Building envelope--The exterior and demising partitions of a building that enclose conditioned space.

(14) Building envelope membrane adhesive--An adhesive used to adhere membranes applied to the building envelope to provide a barrier to air or vapor leakage through the building envelope that separates conditioned from unconditioned spaces. Building envelope membranes are applied to diverse materials, including, but not limited to, concrete masonry units, oriented stranded board, gypsum board, and wood substrates.

(15) Carpet pad adhesive--An adhesive used for the installation of a carpet pad (or cushion) beneath a carpet.

(16) [~~(8)~~] Ceramic tile installation adhesive--Any adhesive intended by the manufacturer for use in the installation of ceramic tiles.

(17) [~~(9)~~] Chlorinated polyvinyl chloride plastic or CPVC plastic welding--A polymer of the vinyl chloride monomer that contains 67% chlorine and is normally identified with a chlorinated polyvinyl chloride marking.

(18) Chlorinated polyvinyl chloride or CPVC welding cement for life safety systems--A CPVC welding cement with an increased resistance to high temperatures which is used for life safety systems, including standalone and multipurpose fire sprinkler systems.

(19) [~~(10)~~] Chlorinated polyvinyl chloride welding or CPVC welding--An adhesive labeled for welding of chlorinated polyvinyl chloride that is used to join CPVC pipe, fittings, and other system components, including, but not limited to, components for shower pan liner, drain, closet flange, and backwater valve systems.

(20) Computer diskette manufacturing--The process where the fold-over flaps are glued to the body of a vinyl jacket.

(21) [~~(11)~~] Contact adhesive--An adhesive:

(A) designed for application to both surfaces to be bonded together;

(B) allowed to dry before the two surfaces are placed in contact with each other;

(C) forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other;

(D) does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces; and

(E) does not include rubber cements that are primarily intended for use on paper substrates or vulcanizing fluids that are designed and labeled for tire repair only.

(22) [~~(12)~~] Cove base--A flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor or to form an inside corner.

(23) [~~(13)~~] Cove base installation adhesive--Any adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at floor level.

(24) [~~(14)~~] Cyanoacrylate adhesive--Any adhesive with a cyanoacrylate content of at least 95% by weight.

(25) [~~(15)~~] Daily weighted average--The total weight of volatile organic compounds (VOC) emissions from all adhesives or adhesive primers subject to the same VOC content limit in §115.473(a) of this title (relating to Control Requirements), divided by the total volume of those adhesives or adhesive primers (minus water and exempt solvent) delivered to the application system each day. Adhesives or adhesive primers subject to different emission standards in §115.473(a) of this title must not be combined for purposes of calculating the daily weighted average. In addition, determination of compliance is based on each adhesive or adhesive primer application process.

(26) Dip coat--A method of application to a substrate by submersion into, and removal from, a bath.

(27) Dry wall adhesive--An adhesive used during the installation of gypsum dry wall to studs or solid surfaces.

(28) Edge glue--An adhesive applied to the edge of multi-sheet carbonless forms prior to being fanned apart after drying.

(29) Electrostatic spray--A spray method where the atomized droplets are charged and subsequently deposited on the substrate by electrostatic attraction.

(30) Ethylene propylene diene terpolymer (EPDM) and thermoplastic polyolefin (TPO) single-ply roof membrane adhesive--Any adhesive to be used for the installation or repair of ethylene propylene diene terpolymer (EPDM) and thermoplastic polyolefin (TPO) single-ply roof membrane. Installation includes, but is not limited to, attaching the edge of the membrane to the edge of the roof and applying flashings to vents, pipes, or ducts that protrude through the membrane.

(31) [~~(16)~~] Ethylene propylene diene [~~propylenediene~~] monomer [~~(EPDM)~~] roof membrane--A prefabricated single sheet of elastomeric material composed of ethylene propylene diene [~~propylenediene~~] monomer and that is field-applied to a building roof using one layer or membrane material.

(32) Fiberglass--A material composed of fine filaments of glass.

(33) [~~(17)~~] Flexible vinyl--Non-rigid polyvinyl chloride plastic with a 5.0% by weight plasticizer content.

(34) Flow coat--An application method that coats an object by flowing a stream of an adhesive or adhesive primers or both adhesive primers and adhesives over the object and draining off any excess.

(35) Glass, porcelain, and stone tile adhesive--Any adhesive used for the installation of tile products.

(36) Hand application methods--The application of adhesives or adhesive primers or both adhesive primers and adhesives using handheld equipment. Such equipment includes paint brush, hand roller, trowel, spatula, dauber, rag, sponge, and mechanically- and/or pneumatic-driven syringe provided there is no atomization of the materials.

(37) High-volume, low-pressure (HVLP) spray--Application method to apply adhesives or adhesive primers or both adhesive primers and adhesives by means of a spray gun that is designed to be operated between 0.1 and 10 pounds per square inch gauge air pressure measured dynamically at the center of the air cap and at the air horns.

(38) Higher viscosity CPVC welding cement--A CPVC welding cement with a viscosity greater than or equal to 500 centipoise.

(39) Hot applied modified bitumen or built up roof adhesive-A thermoplastic hot melt adhesive which requires high temperature conversion to a fluid at the point of application and complies with ASTM International Test Method D312 or D6152. Installation or repair includes the application of roofing insulation, roofing ply sheets, roofing membranes, and aggregate surfacing.

(40) [~~(18)~~] Indoor floor covering installation adhesive--Any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet and roll, or artificial grass. Adhesives used to install ceramic tile and perimeter-bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl, are excluded from this definition. In the context of the provisions of §115.471(d) of this title (relating to Exemptions), and §115.473(e) and (f) of this title (relating to Control Requirements), indoor floor covering installation adhesive is defined as any adhesive used during the installation of a carpet or indoor flooring that is in an enclosure and is not exposed to ambient weather conditions during normal use.

(41) [~~(19)~~] Laminate--A product made by bonding together two or more layers of material.

(42) [~~(20)~~] Metal to urethane/rubber molding or casting adhesive--Any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment.

(43) Modified bituminous material--A material obtained from natural deposits of asphalt or residues from the distillation of crude oil petroleum or coal which consist mainly of hydrocarbons, and include, but are not limited to, asphalt, tar, pitch, and asphalt tile that are soluble in carbon disulfide.

(44) Modified bituminous primer--A primer coating consisting of bituminous materials, and a high flash solvent used to prepare a surface by improving the adhesion and absorbing dust from the surface for adhesive or flashing cement bitumen membrane.

(45) [~~(21)~~] Motor vehicle adhesive--An adhesive, including glass-bonding adhesive, used in a process that is not an automobile or light-duty truck assembly coating process, applied for the purpose of bonding two vehicle surfaces together without regard to the substrates involved.

(46) [~~(22)~~] Motor vehicle glass-bonding primer--A primer, used in a process that is not an automobile or light-duty truck assembly coating process, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass-bonding adhesives or the installation of adhesive-bonded glass. Motor vehicle glass-bonding primer includes glass-bonding/cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) prior to the application of adhesive or the installation of adhesive-bonded glass.

(47) [~~(23)~~] Motor vehicle weatherstrip adhesive--An adhesive, used in a process that is not an automobile or light-duty truck assembly coating process, applied to weatherstripping materials for the purpose of bonding the weatherstrip material to the surface of the vehicle.

(48) [~~(24)~~] Multipurpose construction adhesive--Any adhesive intended by the manufacturer for use in the installation or repair of multiple [~~various~~] construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical tile. In the context of the provisions of §115.471(d) of this title, and §115.473(e), and (f) of this title, multipurpose construction adhesive is defined as adhesives designated by the manufacturer to be used to adhere multiple different substrates together. Adhesives such as ABS to CPVC transition cement; carpet pad adhesive; glass, porcelain, and stone tile adhesive; or adhesives used to install ceramic tile and perimeter-bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl, are excluded from this definition.

(49) [~~(25)~~] Outdoor floor covering installation adhesive--Any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.

(50) Panel adhesive--An adhesive used for the installation of plywood, pre-decorated hardboard (or tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to studs or solid surfaces.

(51) [~~(26)~~] Panel installation--The installation of plywood, pre-decorated hardboard or tileboard, fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to studs or solid surfaces using an adhesive formulated for that purpose.

(52) [~~(27)~~] Perimeter bonded sheet flooring installation--The installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches wide around the perimeter of the sheet flooring.

(53) [~~(28)~~] Plastic solvent welding adhesive--Any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.

(54) [~~(29)~~] Plastic solvent welding adhesive primer--Any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.

(55) [~~(30)~~] Plastic foam --Foam constructed of plastics.

(56) [~~(31)~~] Plastics--Synthetic materials chemically formed by the polymerization of organic (carbon-based) substances. Plastics are usually compounded with modifiers, extenders, or reinforcers and are capable of being molded, extruded, cast into various shapes and films, or drawn into filaments.

(57) [~~(32)~~] Polyvinyl chloride plastic or PVC plastic--A polymer of the chlorinated vinyl monomer that contains 57% chlorine.

(58) [~~(33)~~] Polyvinyl chloride welding adhesive or PVC welding adhesive--Any adhesive intended by the manufacturer for use in the welding of polyvinyl chloride plastic pipe.

(59) [~~(34)~~] Porous material--A substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including, but not limited to, paper and corrugated paperboard. For the purposes of this definition, porous material does not include wood.

(60) [~~(35)~~] Pounds of volatile organic compounds (VOC) per gallon of adhesive (minus water and exempt solvent)--The basis for content limits for application processes that can be calculated by the following equation:

Figure: 30 TAC §115.470(b)(60) (.pdf)

[~~Figure: 30 TAC §115.470(b)(35)~~]

(61) [~~(36)~~] Pounds of volatile organic compounds (VOC) per gallon of solids--The basis for content limits for application processes that can be calculated by the following equation:

Figure: 30 TAC §115.470(b)(61) (.pdf)

[~~Figure: 30 TAC §115.470(b)(36)~~]

(62) Pressure sensitive adhesive--An adhesive, typically coated on backings or release liners that forms a bond when pressure is applied, without the need for solvent, water, or heat.

(63) [~~(37)~~] Reinforced plastic composite--A composite material consisting of plastic reinforced with fibers.

(64) Roof adhesive primer--A film-forming material applied to a substrate, prior to the application of an adhesive or adhesive tape to increase adhesion or bond strength, promote wetting, or form a chemical bond with a subsequently applied adhesive and is marketed and sold exclusively for the installation or repair of roofingmaterials.

(65) [~~(38)~~] Rubber--Any natural or manmade rubber substrate, including, but not limited to, styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.

(66) Rubber flooring adhesive--An adhesive that is used for the installation of flooring material in which both the back and top surfaces are made of synthetic rubber, and which may be in sheet or tile form.

(67) Rubber vulcanization adhesive--A reactive adhesive used for rubber-to-substrate bonding achieved during vulcanization of the rubber elastomer at temperatures greater than 250°F. Vulcanized rubber adhesive does not include bonding previously vulcanized rubber.

(68) [~~(39)~~] Sheet rubber lining installation--The process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These processes also include laminating sheet rubber to fabric by hand.

(69) Shingle laminating adhesive--An asphalt based thermoplastic hot melt adhesive used to adhere individual layers during the manufacture of multi-layer asphalt shingles.

(70) Shoe repair, luggage, and handbag adhesive--An adhesive used to repair worn, torn, or otherwise damaged uppers, soles, and heels of shoes, or for making repairs to luggage and handbags.

(71) [~~(40)~~] Single-ply roof membrane--A prefabricated single sheet of rubber, normally ethylene propylene diene [~~propylenediene~~] terpolymer, that is field-applied to a building roof using one layer of membrane material. For the purposes of this definition, single-ply roof membrane does not include membranes prefabricated from ethylene propylene diene [~~propylenediene~~] monomer.

(72) [~~(41)~~] Single-ply roof membrane installation and repair adhesive--Any adhesive labeled for use in the installation or repair of single-ply roof membrane. Installation includes, as a minimum, attaching the edge of the membrane to the edge of the roof and applying flashings to vents, pipes, and ducts that protrude through the membrane. Repair includes gluing the edges of torn membrane together, attaching a patch over a hole, and reapplying flashings to vents, pipes, or ducts installed through the membrane.

(73) [~~(42)~~] Single-ply roof membrane adhesive primer--Any primer labeled for use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to bonding.

(74) Solvent welding--The softening of the surfaces of two substrates by wetting them with solvents or adhesives or both and joining them together through a chemical reaction or series of reactions to form a fused union.

(75) [~~(43)~~] Specialty adhesives--A contact adhesive that is used to bond all of the following substrates to any surface: melamine covered board, metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, and wood veneer 1/16 inch or less in thickness.

(76) [~~(44)~~] Structural glazing--A process that includes the application of adhesive to bond glass, ceramic, metal, stone, or composite panels to exterior building frames.

(77) Structural glazing adhesive--An adhesive used to adhere glass, ceramic, metal, stone, or composite panels to exterior building frames.

(78) Structural wood member adhesive--An adhesive used for the construction of any load bearing joints in wooden joists, trusses, or beams.

(79) Subfloor adhesive--is an adhesive used for the installation of subflooring material over floor joists.

(80) [~~(45)~~] Subfloor installation--The installation of subflooring material over floor joists, including the construction of any load-bearing joists. Subflooring is covered by a finish surface material.

(81) [~~(46)~~] Thin metal laminating adhesive--Any adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which the thickness of the bond line(s) is less than 0.25 mil.

(82) [~~(47)~~] Tire repair--A process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or gouging, applying adhesive, and filling the hole or crevice with rubber.

(83) Tire tread adhesive--Any adhesive to be applied to the back of precured tread rubber and to the casing and cushion rubber, or to be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a new tread.

(84) Top and trim adhesive--An adhesive used during the installation of automotive and marine trim, including, but not limited to, headliners, vinyl tops, vinyl trim, sunroofs, dash covering, door covering, floor covering, panel covering, and upholstery.

(85) Traffic marking tape--Preformed reflective tape that is applied to public streets, highways, and other surfaces, including, but not limited to, curbs, berms, driveways, and parking lots.

(86) Transfer efficiency--The ratio of the amount of adhesive or adhesive primer adhering to an object to the total weight or volume, respectively, of the solids dispensed in the application process, expressed as a percentage.

(87) [~~(48)~~] Undersea-based weapon system components--The fabrication of parts, assembly of parts or completed units of any portion of a missile launching system used on undersea ships.

(88) Vehicle glass adhesive primer--A primer applied to vehicle glass or to the frame of a vehicle prior to installation or repair of the vehicle glass using an adhesive or sealant to improve adhesion to the pinch weld. For the purposes of this definition, a vehicle is a mobile machine that transports passengers or cargo, and includes, but is not limited to, automobiles, trucks, buses, motorcycles, trains, ships, and boats.

(89) Vinyl compositions tile (VCT)-- A material made from thermoplastic resins, fillers, and pigments.

(90) Vinyl compositions tile adhesive or VCT adhesive--An adhesive that is used for the installation of VCT material.

(91) [~~(49)~~] Waterproof resorcinol glue--A two-part resorcinol-resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.

(92) Wood flooring adhesive--an adhesive used to install a wood floor surface, which may be in the form of parquet tiles, wood planks, or strip-wood.

§115.471.Exemptions.

(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 either 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 (d) [~~(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;

(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.

§115.473.Control Requirements.

(a) The owner or operator shall limit volatile organic compounds (VOC) emissions from all adhesives and adhesive primers used during the specified application processes to the following VOC content limits in pounds of VOC per gallon of adhesive (lb VOC/gal adhesive) (minus water and exempt solvent compounds), as delivered to the application system. These limits are based on the daily weighted average of all adhesives or adhesive primers delivered to the application system each day. If an adhesive or adhesive primer is used to bond dissimilar substrates together, then the applicable substrate category with the least stringent VOC content limit applies. The requirements in this subsection are replaced with the requirements in subsection (e) of this section in the Dallas-Fort Worth area upon the compliance date specified in §115.479(c) of this title (relating to Compliance Schedules) or with the requirements in subsection (f) of this section in the Houston-Galveston-Brazoria area upon the compliance date specified in §115.479(d) of this title.

Figure: 30 TAC §115.473(a) (No change.)

(1) The owner or operator shall meet the VOC content limits in this subsection by using one of the following options.

(A) The owner or operator shall apply low-VOC adhesives or adhesive primers.

(B) The owner or operator shall apply adhesives or adhesive primers in combination with the operation of a vapor control system.

(2) As an alternative to paragraph (1) of this subsection, the owner or operator may operate a vapor control system capable of achieving an overall control efficiency of 85% of the VOC emissions from adhesives and adhesive primers. Control device and capture efficiency testing must be performed in accordance with the testing requirements in §115.475(3) and (4) of this title (relating to Approved Test Methods and Testing Requirements). If the owner or operator complies with the overall control efficiency option under this paragraph, then the owner or operator is exempt from the application system requirements of subsection (b) of this section.

(3) An owner or operator applying adhesives or adhesive primers in combination with a vapor control system to meet the VOC content limits in paragraph (1) of this subsection, shall use the following equation to determine the minimum overall control efficiency necessary to demonstrate equivalency. Control device and capture efficiency testing must be performed in accordance with the testing requirements in §115.475(3) and (4) of this title.

Figure: 30 TAC §115.473(a)(3) (No change.)

(b) The owner or operator of any application process subject to this division shall not apply adhesives or adhesive primers unless one of the following application systems is used:

(1) electrostatic spray;

(2) high-volume, low-pressure spray (HVLP);

(3) flow coat;

(4) roll coat or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application;

(5) dip coat;

(6) airless spray;

(7) air-assisted airless spray; or

(8) other application system capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spray. For the purpose of this requirement, the transfer efficiency of HVLP spray is assumed to be 65%. The owner or operator shall demonstrate that either the application system being used is equivalent to the transfer efficiency of an HVLP spray or that the application system being used has a transfer efficiency of at least 65%.

(1) For the storage, mixing, and handling of all adhesives, adhesive primers, thinners, and adhesive-related waste materials, the owner or operator shall:

(A) store all VOC-containing adhesives, adhesive primers, and process-related waste materials in closed containers;

(B) ensure that mixing and storage containers used for VOC-containing adhesives, adhesive primers, and process-related waste materials are kept closed at all times;

(D) convey VOC-containing adhesives, adhesive primers, and process-related waste materials from one location to another in closed containers or pipes.

(2) For the storage, mixing, and handling of all surface preparation materials and cleaning materials, the owner or operator shall:

(A) store all VOC-containing cleaning materials and used shop towels in closed containers;

(B) ensure that storage containers used for VOC-containing cleaning materials are kept closed at all times except when depositing or removing these materials;

(D) convey VOC-containing cleaning materials from one location to another in closed containers or pipes; and

(E) minimize VOC emissions from the cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

(d) An application process that becomes subject to subsection (a) of this section by exceeding the exemption limits in §115.471(a) of this title (relating to Exemptions) is subject to the provisions in subsection (a) of this section even if throughput or emissions later fall below exemption limits unless emissions are maintained at or below the controlled emissions level achieved while complying with subsection (a) of this section and one of the following conditions is met.

(1) The project that caused a throughput or emission rate to fall below the exemption limits in §115.471(a) of this title must be authorized by a permit, permit amendment, standard permit, or permit by rule required by Chapters 106 or 116 of this title (relating to Permits by Rule; and Control of Air Pollution by Permits for New Construction or Modification, respectively). If a permit by rule is available for the project, the owner or operator shall continue to comply with subsection (a) of this section for 30 days after the filing of documentation of compliance with that permit by rule.

(2) If authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner or operator shall provide the executive director 30 days notice of the project in writing.

(e) In accordance with the compliance schedule for contingency requirements in §115.479(c) of this title in the Dallas-Fort Worth area, the owner or operator shall apply low-VOC adhesives or adhesive primers to limit VOC emissions from all adhesives and adhesive primers used during the specified application processes to the VOC content limits listed in the tables in this subsection in grams of VOC per liter of adhesive (minus water and exempt solvent compounds), as delivered to the application system. If an adhesive or adhesive primer is used to bond dissimilar substrates together, then the applicable substrate category with the least stringent VOC content limit applies.

Figure: 30 TAC §115.473(e) (.pdf)

[~~Figure: 30 TAC §115.473(e)~~]

(f) In accordance with the compliance schedule for contingency requirements in §115.479(d) of this title in the Houston-Galveston-Brazoria area, the owner or operator shall apply low-VOC adhesives or adhesive primers to limit VOC emissions from all adhesives and adhesive primers used during the specified application processes to the VOC content limits listed in the tables in this subsection in grams of VOC per liter of adhesive (minus water and exempt solvent compounds), as delivered to the application system. If an adhesive or adhesive primer is used to bond dissimilar substrates together, then the applicable substrate category with the least stringent VOC content limit applies.

Figure: 30 TAC §115.473(f) (.pdf)

[~~Figure: 30 TAC §115.473(f)~~]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 2024.

TRD-202403028

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: August 18, 2024

For further information, please call: (512) 239-2678