106n118d.txt
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Texas Natural Resource Conservation Commission Interoffice Memorandum To: Duncan Stewart, New Source Review Division, Office of Air Quality Date: October 15, 1996 Through: David Duncan, Senior Staff Attorney, Legal Division From: Laura Rowan, Staff Attorney, Legal Division Subject: Minimum Distance Requirements in Standard Exemptions 106 and 118, 30 TAC 116.211 Issue No. 1 Whether extending a vent line to at least 100 feet from the areas or structures listed in section (b) of Standard Exemption 106 satisfies the distance requirement in Standard Exemption 106 if portions of the facility or change from which the vent line is extended are located less than 100 feet from such areas or structures. Answer The entire facility or change, including vent lines, must be located at least 100 feet from the areas or structures listed in section (b) of Standard Exemption 106 in order to satisfy the minimum distance requirement in Standard Exemption 106. Discussion Standard Exemption 106 provides an exemption from permitting requirements for facilities or physical or operational changes to facilities, which satisfy certain listed conditions. Among those conditions is the following distance requirement: (b) The _facilities or changes_ shall be located at least 100 feet from any recreational area or residence or other structure not occupied or used solely by the owner or operator of the facilities or the owner of the property upon which the facilities are located. (emphasis added) This condition requires that entire facilities or changes meet the 100 foot distance requirement. All portions of a facility or change, including vent lines, must be located at least 100 feet from a recreational area, residence or other structure not occupied or used solely by the facility owner or operator or the owner of the property upon which the facilities are located in order to qualify for Standard Exemption 106. Issue No. 2 Whether extending a vent line to at least 100 feet from any off- plant receptor satisfies the distance requirement in section (b) of Standard Exemption 118 if the facility or change from which the vent line is extended is located less than 100 feet from off-plant receptors. Answer A facility or change located within 100 feet of an off-plant receptor can satisfy the distance requirement in section (b) of Standard Exemption 118 if vent line emissions and all other emission points are located at least 100 feet from any off-plant receptor. Discussion Standard Exemption 118 provides an exemption from permitting requirements for facilities, or physical or operational changes to a facility, that satisfy certain conditions, including the following minimum distance requirement: (b) _Emission points_ associated with the facilities or changes shall be located at least 100 feet from any off-plant receptor. (emphasis added) Unlike the distance requirement in Standard Exemption 106 discussed in Issue No. 1 above, the distance requirement in Standard Exemption 118 does not dictate that the entire facility or the entire change be sited at least 100 feet from any off-plant receptor. Only "emission points" must be at least 100 feet from off-plant receptors. Given that the rule does not require that fugitive emissions, which are not discharged from a single point, meet the minimum distance requirement, portions of the facility from which fugitive emissions emanate can be located within 100 feet from off-plant receptors. Portions of the facility that do not have emission points can be located within 100 feet from off- plant receptors. Accordingly, a facility located within 100 feet of off-plant receptors could meet Standard Exemption 118's minimum distance requirement by extending a vent line away from off-plant receptors if no portions of the facility with emission points are within 100 feet of off-plant receptors.