Preamble for Standard Exemptions, May 4, 1994

Standard Exemptions §116.211 Rule

Reference date: May 4, 1994
Effective date: May 4, 1994

(a) Pursuant to the Texas Clean Air Act (TCAA), §382.057, the facilities or types of facilities listed in the Standard Exemption List, dated April 6, 1994, 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. A facility shall meet the following conditions to be exempt from permit requirements:

2. 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.

4. Total actual emissions authorized under standard exemption from the proposed facility which is located in a non-attainment area shall not exceed:
   • the applicable major modification threshold for CO in the definition of "major modification" in §116.12 of this title (relating to Nonattainment Review Definitions.

   • 25 tpy of SO2,

   • 15 tpy of PM10

   • In an ozone nonattainment area, the applicable major modification threshold of NOx in Table 1 of the definition of "major modification" in §116.12 of this title.

6. 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 Public Notification and Comment Procedures) or the pertinent Chapter 116 procedures that were in effect at the time.

8. 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.

10. The proposed facility shall comply with the applicable provisions of the Federal Clean Air Act (FCAA) §111 (regarding Federal New Source Performance Standards) and §112 (regarding Hazardous Air Pollutants), and the new source review requirements of the FCAA Part C and Part D and regulations promulgated thereunder.

12. There are no permits under the same Texas Natural Resource Conservation Commission (TNRCC) 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 new major souce, or any modification which constitutes a major modification under nonattainment review or Prevention of Significant Deterioration review as amended by the FCAA amendments of 1990, and regulations promulgated thereunder shall be subject to the requirements of §116.110 of this title (relating to Applicability) rather than this section.

(c) No person shall circumvent by artificial limitations the requirements of §116.110 of this title.

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

(f) Installations exempted by the TNRCC 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 TCAA, §382.113 and any other applicable law.

Questions? We Can Help

If you have questions contact us.