Preamble for Standard Exemptions, June 7, 1996
Standard Exemptions §116.211 Rule
Reference date: June 7, 1996
Effective date: June 7, 1996
(a) Pursuant to the Texas Clean Air Act (TCAA), §382.057, the facilities or types of facilities listed in the Standard Exemption List, dated May 15, 1996, 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. A facility shall meet the following conditions to be exempt from permit requirements.
- Total actual emissions authorized under standard exemption from the proposed facility shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOx), or 25 tpy of volatile organic compounds (VOC) or sulfur oxides (SO2) or inhalable particulate matter (PM10), or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.
- Except as noted in paragraph (3) of this subsection, any facility which constitutes a new major source, or any modification which constitutes a major modification under the new source review requirements of the Federal Clean Air Act (FCAA), Part D (Nonattainment) as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, shall be subject to the requirements of Subchapter B of this chapter (relating to New Source Review Permits) rather than this subchapter.
- For souces of NOx located in the
Houston/Galveston ozone nonattainment area (Brazoria, Chambers,
Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller
Counties) or the Beaumont/Port Arthur ozone nonattainment area
(Hardin, Jefferson, and Orange Counties) the major source/major
modification level listed in Table 1 of §116.12 of this title
can be exceeded with the following conditions.
- New sources of NOx exceeding the major source threshold or major modifications exceeding the major modification level for NOx listed in Table 1 shall register by submitting a PI-8.
- The registration shall be submitted prior to commencement of construction, but not later than December 31, 1997.
- No other applicable limits contained in this section shall be exceeded.
- Any facility which constitutes a new major source, or any modification which constitutes a major modification under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration) as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, shall be subject to the requirements of Subchapter B of this chapter rather than this subchapter.
- Total actual emissions authorized under standard exemption from the property where the proposed facility is to be located shall not exceed 250 tpy of CO, or NOx; or 25 tpy of VOC, or SO2, or PM10; or 25 TPY 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 in Subchapter B or Subchapter D of this chapter (relating to New Source Review Permits or Permit Renewals) or the pertinent Chapter 116 procedures that were in effect at the time.
- 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 the FCAA, §111 (regarding Federal New Source Performance Standards) and §112 (regarding Hazardous Air Pollutants).
- There are no permits under the same commission account number that contain a condition or conditions precluding use of the standard exemption or standard exemptions.
(b) No person shall circumvent by artificial limitations the requirements of §116.110 of this title (relating to Applicability).
(c) The emissions from the facility shall comply with all rules and regulations of the commission 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.
(d) Copies of the current Standard Exemption List are available from the commission.
(e) Installations exempted by the commission maybe required by
local air pollution control agencies to receive a permit or permits
from that agency, or register with that agency. Any such
requirements must be in accordance with the TCAA, §382.113 and
any other applicable law.
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