Clicking on a highlighted number below
links you to the standard exemption.
108. Portable pipe reactor process
liquid fertilizer blending facilities that operate according to the
(a) Written site approval is obtained
from the Executive Director.
(b) All valves, piping, flanges,
hoses, and disconnects must be free of leaks.
(c) Opacity from any process vent
shall not exceed 20% except for those periods of start-up as
defined in Regulation I, Section 111.121.
(d) Emissions from the facility shall
not cause or contribute to a condition of air pollution as defined
in Section 1.03 of the Texas Clean Air Act.
109. Any facility where animals or
poultry are slaughtered and prepared for human consumption provided
that waste products such as blood, offal, and feathers are stored
in such a manner as to prevent the creation of a nuisance condition
and these waste products are removed from the premises daily or
stored under refrigeration until removed. In addition, areas used
to hold animals or poultry for slaughter shall be kept dry and
clean to control odors.
110. Municipal solid waste landfills
operating in compliance with the Texas Solid Waste Disposal
A facility which replaces an
existing facility provided that the following conditions are
(a) The replacement facility
functions in the same or similar manner as the facility to be
(b) The emissions from the
replacement facility are not more than nor have different
characteristics than those from the facility to be replaced.
(c) The emissions from the
replacement facility will not exceed 25 tons per year of any air
(d) The physical location of the
replacement facility is the same or immediately adjacent to the
facility being replaced.
(e) There will be no increase in
capacity, production rate, or throughput as a result of the
(f) Notwithstanding the provisions of
(c) above, the emissions from the replacement facility will not
contain any compounds (other than carbon monoxide, nitrogen oxide,
or sulfur dioxide) listed or proposed to be listed as hazardous
constituents in 40 Code of Federal Regulations 261, Appendix
(g) Notification of the replacement
is provided to the Executive Director within 10 days following
installation of the replacement facility.
112. Railcar or truck unloading of
wet sand, gravel, aggregate, coal, lignite, and scrap iron or scrap
steel (but not including metal ores, metal oxides, battery parts,
or fine dry materials) into trucks or other railcars for
transportation to other locations, provided the following
conditions are met:
(a) Bulk materials shall not be
(b) Water sprays or the equivalent
must be installed and used as necessary at material handling
operations to achieve maximum control of dust emissions.
(c) All permanent in-plant roads and
vehicle work areas shall be watered, treated with dust-suppressant
chemicals, oiled, or paved and cleaned as necessary to achieve
maximum control of dust emissions.
113. Facilities using
polyester/styrene co-polymer resins to manufacture products,
provided that the following conditions are satisfied:
(a) Before construction begins, the
owner or operator shall file with the appropriate Regional Office a
completed Form PI-7 and supporting documentation demonstrating that
all of the requirements of this exemption will be met.
(b) No more than 50 tons of resin and
6 tons of acetone shall be used per year (usage is defined as gross
purchased minus inventory minus waste disposed).
(c) All spraying, brushing or rolling
of liquid resin and acetone cleaning operations shall be conducted
during daylight hours.
(d) All solid trim grinding
operations shall be mechanically vented through a dry filter medium
which has a particulate removal efficiency of less than 90%.
- (e) All resin spraying operations
shall be vented to the atmosphere through an uncapped stack or
stacks, with no fugitive resin emissions from open doors, windows
or wall or roof leaks being allowed. Each stack shall discharge
vertically and the height of each stack shall be at least as high
as one of the following:
- (1) 35 feet above grade, or
- (2) 25 feet above grade if the stack's exhaust flow rate
exceeds 15,000 acfm, or
- (3) Two (2) times the height above grade of the resin spraying
building or any surrounding obstruction* to wind flow.
- * Buildings, open-sided roof, tanks,
covers or any other type of structure are considered obstructions
to wind flow if the distance from the nearest point on the
obstruction to the nearest exhaust stack is less than five times
the height of the obstruction.
(f) The owner or operator of this
facility shall keep records or resin and acetone usage in pounds by
the facility on a monthly and calendar year-to-date basis, and
shall maintain these records on a calendar year basis with a
two-year rolling retention period. This information must be
sufficient to demonstrate compliance with part (b) above and shall
be made available at the request of personnel from the Texas Air
Control Board or any local air pollution control agency having
114. Any sand and gravel production
facility that obtains its material from deposits of sand and gravel
consisting of natural disintegration of rock and stone, provided
that the following conditions are satisfied:
(a) Crushing or breaking operations
are not used.
(b) No blasting is conducted to
obtain the material.
(c) Water sprays are installed on the
plant at all screens and transfer points and used as necessary to
achieve maximum control of dust emissions.
(d) The area where the sand and
gravel is obtained shall be sprinkled with water as necessary to
achieve maximum control of dust emissions before the material is
removed and transported for processing.
(e) All in-plant roads shall be paved
and cleaned or sprinkled with water and/or chemicals as necessary
to achieve maximum control of dust emissions.
(f) The plant is located at least 1/4
mile from any recreational area or 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.
(g) The production rate is 50 tons
per hour or less.
115. Changes or additions to existing
semiconductor manufacturing operations provided that all such
changes satisfy the following conditions:
(a) A permit has been issued by the
Texas Air Control Board for at least one emission source owned by
the person using the exemption on the same property.
(b) For purposes of this standard
exemption, and before this exemption is used for the first time at
a property, the baseline emissions and the predicted ground level
concentration (GLC) for each air contaminant shall be established
by the person using the exemption. These baseline emissions and
GLCs may be those provided with the most recent permit application
if that application included all emissions from the site, otherwise
new baselines shall be provided. The baseline GLC for each air
contaminant is defined as the maximum off-property concentration of
that contaminant which (1) has been determined by atmospheric
dispersion modeling accomplished pursuant to guidance obtained from
the Executive Director, (2) is based on allowable emissions under
all existing authorizations such as permits, special permits,
standard exemptions and special exemptions, and actual emissions
from grandfathered facilities, and (3) has been subjected to a
previous health effect review in the issuance of an authorization
(c) Before construction begins, the
changes shall be registered with the appropriate Regional Office
using Form PI-7.
(d) The increase (if any) in the
emissions of the following air contaminants in tons per year does
not exceed the values specified:
|Volatile Organic Compounds
|Acid gases or vapors
|Any other air contaminant
|Total of all air
(e) Data from air emissions
monitoring or an emissions inventory is compiled and/or updated on
an annual basis for all emission sources on the property,
maintained on a three-year rolling retention cycle, and made
available upon request by the Executive Director or his designated
(f) Emissions of each specific air
contaminant from the facility shall be provided with the Form PI-7.
The total increase in emissions for any contaminant through any
single or cumulative use of this exemption shall not exceed 25% of
the baseline emissions and 25% of the baseline GLC as defined in
(b) above. Emissions of an air contaminant may be substituted for a
previously approved contaminant included in the baseline emissions
under (b) above, if it meets the criteria that;
where: E1 is the emission rate of contaminant (1)
approved for the baseline in (b).
E2 is the emission of the air contaminant (2) to be
OEL1 is the occupational exposure level for
OEL2 is the occupational exposure level for
For the purposes of this exemption,
the occupational limit to be used in the formula above shall be the
lowest of those published as: 1) Occupation Safety and Health
Administration permissible exposure limit, 2) National Institute
for Occupational Safety and Health recommended exposure limit, or
3) the current American Conference of Governmental Industrial
Hygienists Threshold Limit Value (TLV), with the following
methylene chloride - use 26
milligrams per cubic meter (mg/m3);
perchloroethylene - use 33.5 mg/m3; and
propylene oxide - use 5 mg/m3.
(g) Emissions from each existing and
proposed stack, hood, vent, or opening to the atmosphere shall have
no visible emissions.
(h) This standard exemption is
intended to include, but not be limited to, the following example
- (1) Changes to and/or rearrangement of existing equipment.
- (2) Research, development, engineering, quality control, and
- (3) Plating, coating, stripping, cleaning, dispensing, testing,
curing, drying, trimming, marking, and packaging operations.
- (4) Liquid and gaseous hydrogen or carbon dioxide storage,
distribution, and/or containment facilities.
- (5) Semiconductor material alloying, crystal growing,
deposition, annealing, polishing, sizing, thermal diffusion, and
ion implantation, provided the GLC of each specific air contaminant
is provided in accordance with above condition (f) prior to
- (6) Semiconductor processes for deposition of metallic
contacts, insulative oxides and composites, electron beam
techniques, plasma and plasma enhanced operations, reactive ion and
laser material displacement, photolithography patterning, and mask
- (7) Facilities for the storage and/or handling of containerized
chemicals, provided that:
(A) Chemicals are stored in closed,
non-leaking, Department of Transportation approved containers
maintained in good condition,
(B) No portable container exceeds 300
gallons in volume capacity,
(C) Incompatible chemicals are stored
with sufficient separation such that inadvertent spillage or
leakage will not allow mixing that could produce or cause a
reaction which could cause emissions to occur, and
(D) Any spillage is promptly cleaned
up and removed for proper disposal.
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