Preamble for Standard Exemptions, September 23,1982
Standard Exemptions Preamble
Reference date: September 23, 1982
Effective date: September 23, 1982
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.
- Unless specifically approved by the Executive Director, no facility on this list will be exempt if it emits more than 250 tons per year of carbon monoxide or nitrogen oxides or 25 tons per year of any other air contaminant or if it is constructed in conjunction with or as an addition to other proposed or previously exempted facilities and the total emissions exceed 250 tons per year of nitrogen oxides or carbon monoxide or 25 tons per year of any other air contaminant.
- If any construction or modification authorized by this list will increase or change the character of emissions from any permitted facility, the Executive Director shall be so notified in writing prior to the date upon such increase or change in emissions occurs.
- The construction of a new facility and changes to an existing facility authorized by this list must be commenced prior to or within three months after the date a subsequent list is issued.
- Facilities constructed pursuant to this list must be in compliance with the requirements of the preamble and all conditions of the specific standard exemption when construction commences. Such facilities must maintain continuous compliance with the requirements of the preamble and all conditions of the specific standard exemption except distance limitations after operation of the facility begins.
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 or by conditions of the preamble.
Sources previously constructed and 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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