Preamble for Standard Exemptions, May 12, 1981
Standard Exemptions Preamble
Reference date: May 12, 1981
Effective date: May 12, 1981
Section 3.27 of the Texas Clean Air Act provides that the Texas Air Control Board may exempt certain facilities or types of facilities from the requirements of the Construction Permit and the Operating Permit if it is found upon investigation that such facilities or types of facilities will not make a significant contribution of air contaminants to the atmosphere.
Subsection (g) of Section 3.27 provides that the powers and duties set out in the permit provisions of the Texas Clean Air Act maybe delegated to the Executive Director of the Texas Air Control Board.
Pursuant to the aforementioned authority, the Executive Director of the Texas Air Control Board hereby exempts the facilities covered in the attached list from the requirements of obtaining a construction and an operating permit provided that:
- Any affected facility will operate in compliance with all Rules
and Regulations of the Texas Air Control Board and will comply with
the following Environmental Protection Agency Regulations:
a. National Emission Standards for Hazardous Air Pollutants, Title 40 Code of Federal Regulations, Part 61, (40 CFR 61), as amended.b. Standards of Performance for New Stationary Sources, Title 40 Code of Federal Regulations, Part 60, (40 CFR 60), as amended.c. Prevention of Significant Deterioration, Title 40 Code of Federal Regulations, Part 52 (40 CFR 52).All required reports shall be sent to the Texas Air Control Board.
- Facilities subject to additional review as a major stationary source or major modification under either Environmental Protection Agency Regulations regarding "Prevention of Significant Deterioration" (40 CFR 52) or Texas Air Control Board Regulations regarding nonattainment areas (Rule 116.3 of Regulation VI) are not exempt by this list of exemptions. Cumulative emission increases on a property, whether from exempted or permitted facilities, determine applicability of these additional reviews. This exemption list must be used carefully so that applicable new and modified source reviews are not circumvented.
- The facility will not emit an annual total of 25 tons or more of any one criteria air pollutant unless allowed by the Executive Director by specific wording in a standard exemption in this list.
- Unless specifically approved by the Executive Director, no facility on this list will be exempt if it is constructed in conjunction with other facilities and the total emissions of any air contaminant attributable to that construction project are greater than 25 tons per year.
The construction or operation of facilities included on this exemption list do not require notification or prior approval by the Texas Air Control Board unless required by specific wording in a standard exemption in this list.
Sources previously exempted under earlier revisions of this Exemption List which may not appear on this list retain their exempt status.
This list of Exemptions from Permit Procedures does not eliminate Local or Municipal Permit requirements.
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