INSTRUCTIONS FOR CLAIMING A STANDARD EXEMPTION Title 30 Texas Administrative Code Chapter 116 (commonly known as Regulation VI), states that any person who plans to construct a new facility or to engage in the modification of an existing facility which may emit contaminants into the air of this state shall obtain a permit or satisfy the conditions for exempt facilities before any actual work is begun on the facility. (If the proposed facility does not satisfy the exemption conditions and construction begins before a permit is obtained, enforcement action will be taken by the Texas Natural Resource Conservation Commission [TNRCC].) Over the years, the TNRCC has compiled a list of facilities that, if constructed and operated in accordance with certain provisions, are exempted from the TNRCC air quality permitting procedures. These facilities have been exempted because they will not make a significant contribution of air contaminants to the atmosphere. This "Standard Exemption List," as it is called, is part of TNRCC Regulation VI and is periodically revised and amended. Unlike a permit, for which an application is required, a standard exemption is claimed. You are responsible for insuring that the exemption applies to your facility and that this facility is constructed and operated in accordance with the exemption requirements. Familiarity with air pollution laws, terms and calculations is assumed and may be essential to claim an exemption. If you are not familiar with these items, you may need an environmental consultant to help you. A list of consultants is available from the Office of Air Quality (OAQ) New Source Review Division or any TNRCC Regional Office. You may claim exemption from air quality permitting procedures if: 1. The facility meets ALL eligibility requirements of 116.211(a)-(c) (on back of this page). 2. The facility meets ALL conditions of one or more exemptions on the current Standard Exemption List. To claim exemption from permitting procedures, you should: 1. Read the requirements of 116.211, and the particular standard exemption(s) you want to claim. 2. Calculate maximum hourly and annual emissions from the proposed facility, using AP-42 or other accepted methods, including upstream and downstream changes caused by this project. 3. Determine whether the facility meets all the eligibility requirements of 116.211(a)-(c) (we recommend using the 116.211 Permit Exemptions - Applicability Checklist available from the OAQ or any Regional Office). 4. Determine whether the facility meets all the requirements of the specific exemption (we recommend using the individual exemption checklists, when available). 5. If the facility meets the requirements of 116.211(a)-(c), and the standard exemption does not require registration, notification, or site approval, then construction may be started immediately.* If the specific exemption requires registration or notification, complete Form PI-7 along with documentation that verifies all requirements of 116.211(a)-(c) and the exemption(s) are met. Submit this information to TNRCC, Office of Air Quality, NSR Division (MC-162), P.O. Box 13807, Austin, Texas 78711-3087 [Fax: (512) 239-1300]. Copies should always be furnished to the appropriate TNRCC Regional Office as well as to any local programs. If the exemption requires site approval, the TNRCC Regional Office will determine whether the proposed site can be approved. Construction should not begin before you receive your site approval letter. *IMPORTANT: Although some facilities are allowed to construct under exemption(s), all facilities must continuously comply with all TNRCC rules and regulations. Some exempted facilities may also be subject to federal New Source Performance Standards (NSPS) and/or National Emission Standards for Hazardous Air Pollutants (NESHAPS). Revised 10/95 116.211 Standard Exemption List (a) Pursuant to the Texas Clean Air Act (TCAA), 382.057, the facilities or types of facilities listed in the Standard Exemption List, dated September 6, 1995, are exempt from the permit requirements of the TCAA, 382.05-18, because such facilities will not make a significant contribution of air contaminants to the atmosphere. A facility shall meet the following conditions to be exempt from permit requirements. (1) Total actual emissions authorized under standard exemption from the proposed facility shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOx), or 25 tpy of volatile organic compounds (VOC) or sulfur oxides (SO2) or inhalable particulate matter (PM10), or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen. (2) Total actual emissions authorized under standard exemption from the proposed facility which is located in a nonattainment area shall not exceed the following limits for each nonattainment pollutant: (A) the applicable major modification threshold for CO in the definition of "major modification" in 116.12 of this title (relating to Nonattainment Review Definitions. (B) 25 tpy of SO2, (C) 15 tpy of PM10 (D) In an ozone nonattainment area, the applicable major modification threshold of NOx in Table 1 of the definition of "major modification" in 116.12 of this title. (3) Total actual emissions authorized under standard exemption from the property where the proposed facility is to be located shall not exceed 250 tpy of CO, or NOx; or 25 tpy of VOC, or SO2, or PM10; or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; unless at least one facility at such property has been subject to public notification and comment as required in Subchapter B or Subchapter D of this chapter (relating to Public Notification and Comment Procedures) or the pertinent Chapter 116 procedures that were in effect at the time. (4) Construction or modification of the facility shall be commenced prior to the effective date of a revision of the Standard Exemption List under which the construction or modification would no longer be exempt. (5) The proposed facility shall comply with the applicable provisions of the Federal Clean Air Act (FCAA) 111 (regarding Federal New Source Performance Standards) and 112 (regarding Hazardous Air Pollutants), and the new source review requirements of the FCAA Part C and Part D and regulations promulgated thereunder. (6) There are no permits under the same Texas Natural Resource Conservation Commission (TNRCC) Account Number that contain a condition or conditions precluding use of the standard exemption or standard exemptions. (b) Notwithstanding the provisions of this section, any facility which constitutes a new major source, or any modification which constitutes a major modification under nonattainment review or Prevention of Significant Deterioration review as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder shall be subject to the requirements of 116.110 of this title (relating to Applicability) rather than this section. (c) No person shall circumvent by artificial limitations the requirements of 116.110 of this title. (d) The emissions from the facility shall comply with all rules and regulations of the TNRCC and with the intent of the TCAA, including protection of health and property of the public and all emissions control equipment shall be maintained in good condition and operated properly during operation of the facility. (e) Copies of the current Standard Exemption List are available from the TNRCC, Air Quality Planning Annex, located at 12118 North IH-35, Park 35 Technology Center, Building A, Austin, Texas 78753, and at all TNRCC Regional Offices. (f) Installations exempted by the TNRCC may be required by local air pollution control agencies to receive a permit or permits from that agency, or register with that agency. Any such requirements must be in accordance with the TCAA, 382.113 and any other applicable law. Adopted September 6, 1995 Effective October 4, 1995