Preamble for Standard Exemptions, July 26, 1985
Standard Exemptions §116.6 Rule
Reference date: July 26, 1985
Effective date: November 25, 1985
(a) Pursuant to Section 3.27(a) of the Texas Clean Air Act (TCAA), the facilities or types of facilities listed in the Standard Exemption List, dated January 11, 1985, as filed in the Secretary of State's Office and herein adopted by reference, are exempt from the permit requirements of Sections 3.27 and 3.28 of the TCAA, because such facilities will not make a significant contribution of air contaminants to the atmosphere; provided, however, that:
- Actual emissions from the proposed facility shall not exceed 250 tons per year of carbon monoxide or nitrogen oxides or 25 tons per year of any other air contaminant; and, if total emissions from the property where the proposed facility is to be located will exceed 250 tons per year of carbon monoxide or nitrogen oxides or 25 tons per year of any other air contaminant, at least one facility at such property has been subject to public notification and comment as required by §116.10 of this title (relating to Public Notification and Comment Procedure) or §116.7 of this title (relating to Special Permits);
- 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;
- The proposed facility shall comply with the applicable provisions of Section 111 or 112, or the new source review requirements of Part C or Part D, of the Federal Clean Air Act and regulations promulgated thereunder;
- All emissions control equipment shall be maintained in good condition and operated properly during operation of the facility; and
- Notwithstanding the provisions of this section, any facility which constitutes a major source, or any modification which constitutes a major modification, under any new source review requirement of the Federal Clean Air Act and regulations promulgated thereunder shall be subject to the requirements of §116.3 of this title (relating to Consideration for Granting Permits to Construct and Operate) rather than this section.
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