Here is the Email I received from the TCEQ which is the responsible for the laws.
@trurobertson did an accurate recap above it comes down to tracking.
Personally I am not sure why people think it is impossible to track consumption. At it’s simplest form it’s a log. If a paintbooth was going to happen I had planned to use an automated paint mixer and require everyone use it this would track all usage of paint.
It’s also important to remember these regulations don’t just apply to spray paint.
Finally even if we go over the de minimis requirements it needs to be tracked and responsibly sprayed and disposed of it’s not some sky is falling regulations it requires tracking and minor modification to process vs what we have now is an outright ban.
"Hello,
As per our conversation this afternoon, there are a couple of authorization mechanisms available for the paint booth at your Makerspace. TCEQ permitting for surface coating is largely dependent on the proposed usage rates and the application method.
From our discussions, it appears as though the painting will likely be covered as a de minimis source, which does not require registration. A de minimis facility is a facility or source that meets the condition of one or more of the paragraphs of the De Minimis Rules below.
(http://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=30&pt=1&ch=116&rl=119) I have also attached the De Minimis Facilities List, which includes manual application of coatings (e.g., rollers, brushes, and spray bottles) and aerosol-propelled organic liquids (e.g., spray paint).
30 TAC § 116.119 De Minimis Facilities and Sources
a) Facilities or sources that meet the conditions of one or more of the paragraphs of this subsection are considered by the commission to be de minimis, which means that registration or authorization prior to construction is not required:
(1) categories of facilities or sources included on the list entitled “De Minimis Facilities or Sources;”
(2) facilities or sources at a site which, in combination, use the following materials at no more than the rate prescribed in subparagraphs (A) - (F) of this paragraph:
(A) cleaning and stripping solvents, 50 gallons per year;
(B) coatings (excluding plating materials), 100 gallons per year;
© dyes, 1,000 pounds per year;
(D) bleaches, 1,000 gallons per year;
(E) fragrances (excluding odorants), 250 gallons per year;
(F) water-based surfactants/detergents, 2,500 gallons per year;
If for some reason, the coating usage rates are above the thresholds listed in the De Minimis rules, an authorization will be required through a Permit By Rule (PBR § 106.433) or a New Source Review (NSR case-by-case) permit. Each of the authorization types has its own requirements; I can provide more information about these registrations if you determine that the operations will not be covered as de minimis.
I would also encourage you to contact the Regional Office with any questions related to enforcement or recordkeeping. They may be reached via phone at 817.588.5800 or https://www.tceq.texas.gov/assistance. Should you have any questions, please also feel free to contact me via phone or email. Thanks!"
Attached File
De Minimis Facilities List.pdf (73.0 KB)
