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Outdated Exemption List - July 8, 1998

Synopsis of specific exemptions from air permitting that were in effect on this date.

30 TAC 106 - Subchapter L Feed, Fiber, and Fertilizer - Feed

106.281 Feed Milling (Previously SE64)
106.282 Feed Grinding Facilities (Previously SE119)
106.283 Grain Handling, Storage and Drying (Previously SE74)

106.281 Feed Milling (Previously SE 64)

Modifications to feed milling operations which satisfy the following conditions of this section are exempt.

(1) In conjunction with the installation of additional grain or feed storage silos, including bins used for loading out finished feed, all materials shall be transported in a closed conveying system when handled mechanically or pneumatically. Exhaust air to the atmosphere shall be vented through a fabric filter having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning.

(2) In conjunction with the installation of a pellet mill/pellet cooler system, the air from the pellet cooler shall be vented through a high efficiency cyclone collector which has a cone length at least twice the diameter of the cyclone.

106.282 Feed Grinding Facilities (Previously SE 119)

Any feed grinding operation which is used only for noncommercial purposes is exempt.

106.283 Grain Handling, Storage, and Drying (Previously SE 74)

Any grain handling, storage, and drying facility which meets paragraphs (1)-(3) of this section is exempt.

(1) The facility is in noncommercial use only--that is, used only to handle, dry, and/or store grain produced by the owner(s) of the facility if the following conditions are satisfied:

(A) the total storage capacity does not exceed 750,000 bushels;

(B) the grain handling capacity does not exceed 4,000 bushels per hour;

(C) the facility is located at least 500 feet from any recreational area or residence or business not occupied or used solely by the owner of the facility.

(2) The facility is in commercial use and the following conditions are satisfied:

(A) the total storage capacity of the new and any existing facility or facilities does not exceed 1.5 million bushels;

(B) the facility shall be located at least 1/4 mile from any recreational area or residence or other structure not occupied or used solely by the owner or operator of the facility or the owner of the property upon which the facility is located;

(C) before construction of the facility begins, written site approval shall be received from the executive director and the facility shall be registered with the commission using Form PI-7.

(3) The installation of additional grain storage capacity which satisfies the following conditions:

(A) there shall be no increase in hourly grain handling capacity;

(B) existing grain receiving and loadout facilities are utilized;

(C) grain shall be conveyed by closed conveying systems and air suction shall not be pulled on any conveying unit;

(D) written site approval shall be received from the executive director before construction begins for facilities utilizing existing grain receiving facilities when new gravity or auger loadout systems are to be installed.

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