Facilities used for the repair or refinishing of vehicle bodies, body parts, or chassis are permitted by rule if they meet the specific conditions stated in Title 30, Texas Administrative Code (30 TAC), Section 106.436, and the general conditions stated in 30 TAC Section 106.4.

• 40 CFR Part 63 Subpart MMMM
• Q/A Regarding Compliance (PDF)
• Letter to Surface Coaters (PDF)

Note: All PBR checklists that are made available to the public are optional and are not required forms. These checklists are provided for your convenience only.

To operate under this permit by rule (PBR), you must (1) submit a claim before construction of the facility begins and (2) keep records as described below.

Quick Screen

To be eligible for this PBR, your facility must not exceed these usage limits (for definitions of the terms in this list, see 30 TAC Section 115.10):

• 320 gallons of top coats per month
• 175 gallons of primers/primer surfacer per month
• 50 gallons per month of each of the following:
  • cleanup solvents
  • wipe solvents
  • precoat
  • pretreatment
  • sealers
  • specialty coatings

If your facility meets these limitations, complete these checklists:

• Complete our PBR Applicability Checklist, TCEQ Form - 10149, to find out whether your facility meets the general conditions for a PBR,
  –and–
• to find out whether it meets the specific conditions for this PBR, complete our PBR 106.436 Checklist, TCEQ Form - 10138, Available in PDF or DOC.

If your facility does not meet these criteria, see Types of New Source Review Authorizations for other options.

Claiming a Permit by Rule

• Registration for a Permit by Rule
• (TCEQ Form - 10228)

  Registration of a facility under a PBR can be performed by completing a Form PI-7 "Registration for Permits by Rule" or a Form PI-7-CERT, "Certification and Registration for Permits by Rule."

• PBR Applicability Checklist for Section 106.4 General Requirements
• (TCEQ Form - 10149)

  A checklist has been developed by the TCEQ to assist staff in determining whether a facility or project meets all of the applicable requirements. The use of this checklist is not mandatory; however, it is the responsibility of each applicant to show how a facility being claimed under a PBR meets all of the general and specific requirements. If all PBR requirements cannot be met, a facility will not be allowed to operate under the PBR, and an application for a construction permit may be required under 30 TAC Chapter 116, Section 116.110(a). It is recommended that this checklist be used by applicants and a copy submitted with any registration to expedite review. If the checklist is used, check the most appropriate answer and include any additional information in the spaces provided. If additional space is needed, please include an extra page and reference the question number.

• PBR 106.436 Checklist for Auto Body Refinishing Facilities
• (TCEQ Form - 10138)

  Once the general requirements for PBRs are met, the facility or project must show that it meets all of the specific requirements of the PBR being claimed. A checklist has been developed by the TCEQ to assist staff in determining whether a facility or project meets all of the applicable requirements. The use of this checklist is not mandatory; however, it is the responsibility of each applicant to show how a facility being claimed under a PBR meets all of the specific requirements. If all PBR requirements cannot be met, a facility will not be allowed to operate under the PBR so it is recommended that this checklist be used by applicants and a copy submitted with any registration to expedite review. If the checklist is used, check the most appropriate answer and include any additional information in the spaces provided. If additional space is needed, please include an extra page and reference the question number.

• Permits by Rule
• Registration Fee (PDF)

  Fees of either $100 or $450 are required for any new or updated PBR registration. Please see fact sheet for additional details.

Record Keeping

Under 30 TAC Section 106.8, your records must identify the rules under which your facility is operating. To do so, be sure you keep at least these records:

• a copy of Section 106.4
• a copy of Section 106.436

In addition, this PBR requires you to maintain these records for a rolling 24-month period:

• material safety data sheets (MSDSs) or other coating data sheets on paint and solvent systems used (these sheets should clearly indicate the VOC content of the product and the VOC content of multiple-component coatings when mixed according to the manufacturer’s instructions);
• records of monthly coating and solvent purchases (invoices from suppliers are acceptable);
• if in any one month you buy more than the stated volume of any paint or solvent listed under Quick Screen, records of monthly paint and solvent use;
• additional records in sufficient detail, if necessary, to allow an annual emission inventory to be submitted according to the requirements of 30 TAC Section 101.10;
  -and-
• records of the EPA and TCEQ registration or identification numbers for each waste generator.

All of these records must be kept on site and readily available on request for inspection by the TCEQ or any air pollution control program that has jurisdiction. If you have questions about the type of records you should keep, contact the Air Program in the TCEQ regional office that serves your county.

Other Requirements

This PBR has many other specific requirements. To make sure that your facility complies with all of its conditions, read Section 106.436 in full.

Questions? We Can Help

If you have questions regarding this guidance please contact us.