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Preamble for Standard Exemptions, June 18, 1992

Outdated Title 30 TAC 116 Standard Exemptions organized by exemption number and date.

Standard Exemptions §116.6 Rule

Reference date: June 18, 1992
Effective date: July 20, 1992

(a) Pursuant to the Texas Clean Air Act (TCAA), §382.057, the facilities or types of facilities listed in the Standard Exemption List, dated June 18, 1992, as filed in the Secretary of State's Office and herein adopted by reference, are exempt from the permit requirements of the TCAA, §382.0518, because such facilities will not make a significant contribution of air contaminants to the atmosphere; provided, however, that:

  1. Total actual emissions authorized under standard exemption from the proposed facility shall not exceed 250 tons per year of carbon monoxide or nitrogen oxides, or 25 tons per year of volatile organic compounds (VOC) or sulfur oxides or inhalable particulate matter, or 25 tons per year of any other air contaminant; except carbon dioxide, water, nitrogen, methane, ethane, hydrogen and oxygen.

  2. Total actual emissions authorized under standard exemptions from the property where the proposed facility is to be located shall not exceed 250 tons per year of carbon monoxide or nitrogen oxides, or 25 tons per year of VOC or sulfur oxides or inhalable particulate matter, or 25 tons per year 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 by §116.10 of this title (relating to Public Notification and Comment Procedure);

  3. 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;

  4. The proposed facility shall comply with the applicable provisions of §111 and §112, and the new source review requirements of Part C and Part D, of the Federal Clean Air Act (FCAA) and regulations promulgated thereunder;

  5. There are no permits under the same Texas Air Control Board (TACB) 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 major source, or any modification which constitutes a major modification under the FCAA, as amended by the FCAA Amendments of 1990, 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;

(c) No person shall circumvent by artificial limitations the requirements of §116.1 of this title (relating to Permit Requirements).

(d) The emissions from the facility shall comply with all rules and regulations of the TACB 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 Standard Exemption List are available from the TACB.

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