Outdated Exemption List - July 8, 1998
30 TAC 106 - Subchapter I Manufacturing
106.221 Extrusion Presses (Previously
106.223 Saw Mills (Previously SE120)
106.224 Aerospace Equipment and Parts Manufacturing (Previously SE123)
106.225 Semiconductor Manufacturing (Previously SE115)
106.226 Paints, Varnishes, Ink and other Coating Manufacturing (Previously SE125)
106.227 Soldering, Brazing, Welding (Previously SE39)
106.228 Platen Presses for Laminating (Previously SE30)
106.229 Textile Dyeing and Stripping Equipment (Previously SE15)
106.231 Manufacturing, Refinishing and Restoring Wood Products
Presses used exclusively for extruding metals, minerals, plastics, rubber, or wood are exempt except where halogenated carbon compounds or hydrocarbon solvents are used as foaming agents. Presses used for extruding scrap materials or reclaiming scrap materials are not exempt.
Sawmills processing no more than 25 million board feet, green lumber tally of wood per year, in which no mechanical drying of lumber is performed and which meet all of the following provisions of this section are exempt.
(1) The mill shall be located at least 500 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located.
(2) All in-plant roads and vehicle work areas shall be watered, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions.
(3) All sawmill residues (sawdust, shavings, chips, bark) from debarking, planing, saw areas, etc., shall be removed or contained to minimize fugitive particulate emissions. Spillage of wood residues shall be cleaned up as soon as possible and contained such that dust emissions from wind erosion and/or vehicle traffic are minimized.
(4) All sawmill residues shall be mechanically conveyed by belts and/or drag chains to a collection area for disposal or if a pneumatic collection system is utilized, the air must exhaust to a fabric or cartridge filter with air cleaning and a filtering velocity no greater than 7.0 ft/min (air-to-cloth ratio = 7.0), or automatic sequenced mechanical cleaning and a filtering velocity no greater than 5.0 ft/min (air-to-cloth ratio = 5.0), or a system found to be equivalent by the appropriate regional office.
(5) Disposal of collected sawmill residues must be accomplished in a manner which will prevent the material from becoming airborne. Disposal by means of burning is prohibited unless it is conducted in an approved incinerator.
(6) All open-bodied vehicles transporting sawmill residues (sawdust, shavings, chips, bark) shall be covered with a tarp to achieve maximum control of particulate emissions.
(7) There will be no visible emissions at the property line from the facility or equipment.
(8) Before construction of the facility begins, written site approval must be received from the director of the commission's Office of Air Quality in Austin and the facility shall be registered with that office using Form PI-7.
Any new aerospace equipment and parts manufacturing plant, or physical and operational change to an existing aerospace equipment and parts manufacturing plant are exempt, provided that the following conditions of this section are satisfied.
(1) For purposes of this section, aerospace equipment and parts manufacturing plant means the entire operation on the property which engages in the fabrication or assembly of parts, tools, or completed components of any aircraft, helicopter, dirigible, balloon, missile, drone, rocket, or space vehicle. This exemption will not include composite aerospace equipment and parts manufacturing plants. Composite plants are defined to be plants whose products are less than 50% metal, by weight, based on annual production figures. This definition excludes those operations specifically authorized by other exemptions. For example, a boiler would not be considered a part of the aerospace manufacturing plant, but could be authorized under 106.181 of this title (relating to Boilers, Heaters, and Other Combustion Devices), if all pertinent requirements were met.
(2) Emission points associated with the aerospace equipment and parts manufacturing plant or changes to that plant shall be located at least 100 feet from any off-plant receptor. Off-plant receptor means any recreational area or residence or other structure not occupied or used solely by the owner or operator of the aerospace equipment and parts manufacturing plant or the owner of the property upon which the aerospace plant is located. Controlled access recreational areas owned by the property owner or the owner or operator of the aerospace plant are not off-plant receptors.
(3) The total annual emissions, in tons per year, of the following air contaminants authorized under this section, on a cumulative basis, from the entire aerospace manufacturing plant shall not exceed the values specified:
(A) inhalable particulate matter - five tons per year (tpy);
(B) volatile organic compounds (VOC) - 15 tpy;
(C) acid gases or vapors - five tpy;
(D) non-VOC carbon compound emissions - ten tpy;
(E) total of air contaminants in subparagraphs (A)-(D) of this paragraph - 25 tpy.
(4) Hourly emissions of total new or increased emissions, including fugitives, of particulate matter or chemicals listed or referenced in Table 262 of 106.262 of this title (relating to Facilities (Emission Distance Limitations) (Previously SE 118)), shall not exceed the hourly emission rate, E, as determined using the equation, E = L/K lb/hr, where:
E = maximum allowable hourly emission, lb/hr,
L = limit value (see Table 262), milligrams per cubic meter,
K = value from Table 224A (interpolate intermediate values), and
D = distance to the nearest off-plant receptor from the closest affected emission point.
|3000 or more||1|
(5) Before construction or change in operation begins, registration shall be submitted to the commission's Office of Air Quality in Austin using a completed Form PI-7. The emission data provided in the PI-7 shall include all process emission sources at the plant, both existing and proposed, and shall be the maximum allowed emissions for permitted units, the actual emissions for existing grandfathered or exempted units, and the projected maximum allowable emissions for proposed units. Emissions shall be speciated by chemical compound and the stack parameters, as appropriate, for each emission source shall be provided. Registration shall include a description of the project, calculations, and data identifying specific chemical names, "L" values, "D" values, and a description of pollution control equipment, if any.
(6) An emissions inventory shall be compiled and/or updated on an annual basis for all process emission sources on the property, maintained on a two-year rolling retention cycle, and made available upon request by the executive director. The inventory records should include the basis for all emissions estimates, sample calculations, and material usage records. Material and solvent usage records shall be maintained in sufficient detail to document compliance with this section.
(7) There shall be no visible emissions from each existing and proposed stack, hood, vent, or opening to the atmosphere.
(8) Any facility in which any chemical listed in subparagraph (D) of this paragraph will be handled or stored as a liquid or a compressed gas in a compound mixture of a concentration greater than 10% by weight or an aqueous solution of any chemical listed in subparagraph (D) of this paragraph greater than 50% by weight shall comply with subparagraphs (A)-(C) of this paragraph.
(A) The facility shall be located at least 300 feet from the nearest property line and 600 feet from any off-plant receptor.
(B) The cumulative amount of any one of the chemicals listed in subparagraph (D) of this paragraph, resulting from one or more authorizations under this section, shall not exceed 500 pounds on the plant property.
(C) Any chemical listed in subparagraph (D) of this paragraph shall be handled only in containers operated in compliance with United States Department of Transportation regulations (49 Code of Federal Regulations, Parts 171-178).
(D) Listed chemicals are: acrolein, ammonia, bromine, carbon disulfide, chlorine, ethyl mercaptan, hydrogen chloride, hydrogen bromide, hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, phosphine, sulfur dioxide, methyl bromide, methyl isocyanate, methyl mercaptan, nickel carbonyl, phosgene.
Modifications, additions, or relocations of equipment (excluding add-on controls) used for semiconductor manufacturing operations that result in the addition, increase, or substitution of an air contaminant are exempt provided the following conditions of this section are satisfied.
(1) The following is a list of definitions for this section.
(A) Permitted air contaminants - The individual chemical compounds represented in the latest permit or permit amendment application approved by the executive director.
(B) Ground Level Contaminant (GLC1)(max) new - The maximum hourly off-property GLC resulting from the new emission rate of air contaminant 1.
(C) GLC1(receptor) new - The maximum hourly off-property GLC at the sensitive receptor with the highest possible impacts resulting from the new emission rate of air contaminant 1.
(D) GLC2(max) - The maximum hourly off-property GLC resulting from the emission rate of air contaminant 2.
(E) GLC2(receptor) - The maximum hourly off-property GLC at the sensitive receptor with the highest possible impacts resulting from the emission rate of air contaminant 2.
(F) ESL1 - The 30-minute Effects Screening Level (ESL) published in the commission's ESL list dated April 10, 1995, for air contaminant 1.
(G) ESL2 - The 30-minute ESL published in the commission's ESL list dated April 10, 1995, for air contaminant 2.
(2) New emissions or an emission increase of any air contaminant less than 0.04 pounds per hour (sitewide) are exempt from all conditions of this section except paragraphs (3), (11), and (l2) of this section.
(3) A permit has been issued by the commission for at least one emission source owned by the person using this section on the same property for which this section is being claimed.
(4) The facility's baseline GLCs of the permitted air contaminants have been determined using air dispersion modeling or other methods.
(5) New emission points are not authorized by this section.
(6) There will be no change in method of control for any air contaminants as represented in the latest permit or permit amendment application approved by the executive director.
(7) Increases of a permitted air contaminant shall meet all of the following criteria:
(A) GLC1(max)new ó 2ESL1;
(B) GLC1(receptor)new ó ESL1.
(8) Additions of a non-permitted air contaminant, substitutions of a non-permitted air contaminant for a permitted air contaminant, and substitutions of one permitted air contaminant for another permitted air contaminant shall meet all of the following criteria:
(A) GLC2(max)new ó 2ESL2;
(B) GLC2(receptor)new ó ESL2.
(9) If the commission ESL list dated April 10, 1995, does not include the air contaminant to be added or substituted, the permittee must use an ESL derived by the commission's Toxicology and Risk Assessment Division. The ESL shall be obtained in writing prior to the use of the new substance.
(10) The cumulative net annual emission increases of the following categories of air contaminants from multiple uses of this section shall not exceed the following values:
(A) particulate matter - five tons per year (tpy);
(B) volatile organic compounds (VOCs) - 15 tpy;
(C) non-VOCs - five tpy;
(D) acids/bases - ten tpy;
(E) any other air contaminant - five tpy;
(F) total of all emission increases - 25 tpy.
(11) The applicable ground-level concentration limits in Chapters 111, 112, and 113 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter; Sulfur Compounds; and Toxic Materials) shall not be exceeded.
(12) Within 30 days of use of this section, the permittee shall maintain documentation that demonstrates all applicable conditions of this section were satisfied. The documentation shall be made available to the commission upon request.
Coating manufacturing operations (products include, but are not limited to, paints, varnishes, sealants, stains, adhesives, inks, pigments, maskants, and paint strippers) including raw material storage, weighing, mixing, milling, grinding, thinning, and packaging where no chemical reactions are involved are exempt provided the conditions of this section are met.
(1) Uncontrolled solvent emissions (less water) shall not exceed the following rates:
(A) 15 tons per year (tpy) for any single product line (alkyd, latex, epoxy, etc.) proposed to be covered by this section; and
(B) 25 tpy for all operations on the property covered by this chapter.
(2) Particulate matter (PM) emissions from the entire facility covered by this section shall not exceed one tpy.
(3) Opacity of emissions from any emission point must not exceed 5.0% averaged over any six-minute period. Opacity shall be determined using United States Environmental Protection Agency (EPA) Reference Method 9.
(4) Manufacturing operations involving powders which contain more than 0.1% by weight of chromium, cadmium, asbestos, lead, or arsenic are prohibited from claiming exemption under this section.
(5) The owner or operator of the facility shall keep records of all liquid and solid material usage rates in order to determine volatile organic compound and PM emissions on a monthly and calendar year-to-date basis. Documentation of the usage data shall be maintained for a two-year rolling retention period and be in sufficient detail to show compliance with paragraphs (1) and (2) of this section. For the purposes of this section, the amount of solvent lost as emissions may be estimated at 2.0% of the total weight of all solvent (less water) used in the manufacturing process. PM emissions may be estimated at 1.0% of the total weight of dry powder used in the manufacturing process (reference: EPA Manual AP-41; Volume I, Supplement E, Chapter 5.10.1).
(6) Bags or sacks of dry powders shall be opened within an enclosed bag slitter or within a totally enclosed area designed to minimize PM emissions. PM emissions shall be vented to a control device that meets the requirements of paragraph (8) of this section.
(7) Mixing, milling, material transfer, storage operations, or other similar operations shall be conducted in totally enclosed or covered containers to minimize emission losses. Operations which involve dry powders or pigments shall be vented through a dust collector system (fabric filter, cartridge filter, or baghouse) with a maximum outlet grain loading of 0.01 gr/dscf and a maximum filtering velocity of 7.0 ft/minute.
(8) Any processing or control equipment which requires external venting shall be exhausted through vertical exhaust stacks at least 1.2 times the height of the building as measured from ground level. Rain hats, goose neck exhausts, or other stack heads that would restrict or obstruct the vertical discharge of air contaminants shall not be allowed.
(9) Packaging and filling operations shall be conducted under a hood or within an enclosure designed to minimize fugitive emissions (reference: American Conference of Governmental Industrial Hygienist, Industrial Ventilation Manual).
(10) Any spills of dry powders or solvents shall be cleaned up promptly in a manner designed to minimize emissions.
(11) Waste materials shall be stored in covered containers and disposed of properly to minimize emissions.
Brazing, soldering, or welding equipment, except those which emit 0.6 ton per year or more of lead, are exempt.
Platen presses used for laminating are exempt.
Equipment used exclusively for the dyeing or stripping of textiles is exempt.
Facilities, including drying or curing ovens, and hand-held or manually operated equipment, used for manufacturing, refinishing, and/or restoring wood products that meet the following requirements are exempt from obtaining an air quality permit.
(1) If a pneumatic sawdust collection system is used, it must be followed by a filter with no visible emissions.
(2) Waste materials shall be stored and disposed of properly. There shall be no visible emissions leaving the property.
(3) If the total coatings, solvents, and stripping agents used exceeds six gallons per day (gpd) or one gpd of methylene chloride, the following requirements must be met:
(A) the application area must be exhausted using forced air through a stack with an unobstructed vertical discharge above the peak of the roof line; and
(B) in addition to the requirements of subparagraph (A) of this paragraph, if application is made by spraying, the application area must also be vented through a filter system with a minimum particulate removal efficiency of 95%.
(4) Purchase receipts for total coatings, solvents, and
stripping agents for the most recent 24 months must be kept on site
and be made immediately available upon request of personnel from
the agency or any other air pollution control agency having
jurisdiction. If the total materials purchased exceeds 550 gallons
in any one month, records of the amount of materials used per month
must be kept on-site to demonstrate that total emissions do not
exceed 25 tons per year in any consecutive 12 months.
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