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Texas Natural Resource Conservation Commission
         Austin                       Texas

From:  Duncan Stewart, Permits Program                                
To:  Stephen D. Journeay, Legal Division
Date:  July 16, 1993
Subject:  Special Exemption & 116.6(a)(2) now 116.211(a)(3)

Union Pacific Resources operates a gas plant in Bryan.  The
original portion of the plant was built in 1981 under special
exemption.  Volatile organic compound (VOC) emissions from the
original plant are thirty plus tons per year (TPY).  A
subsequent addition, twenty plus TPY, was made in 1991 after
amendment of special exemptions was stopped by court action. 
The company claims standard exemption sixty-six applies to the
subsequent addition.  The TACB Region three office says no,
that 116.6(a)(2) now 116.211(a)(3) is violated.  A notice of
violation has been written.  The company implies that since
the earlier emissions are under a special exemption, what they
did in 1991 does pass the 116.6(a)(2), now 116.211(a)(3),
test.  The rule is "total actual emissions authorized under
standard exemptions from the property...".  Public notice has
never been done.  Total VOC emissions are well in excess of
twenty-five TPY.

Registration would be accepted if the company is right in
their interpretation.  Are they?

cc:  Sam Crowther, P.E., Chemical Section Manager                 Texas Air Control Board
           Austin                       Texas

From:  Stephen D. Journeay, Legal Division
To:  Duncan Stewart, Permits
Date:  July 19, 1993
Subject:  Special Exemptions and Standard Exemptions
          Applicability of Rule 116.6(a)(2) now 116.211(a)(3)

You have asked whether emissions authorized by special
exemption are to be included in determining compliance with
the emission limitations in Rule 116.6(a)(2), now

Rule 116.6(a)(2) now 116.211(a)(3) provides that "total actual
emissions authorized under standard exemptions" on the
subject property may not exceed specified emission limits
unless at least one facility on the property has been subject
to the public notice requirements in Rule 116.10, now 116.131.
The emission limitation for VOC's is twenty-five TPY and it is
the only air contaminant within your request.

Emissions authorized by standard exemption total 22.85 TPY of
VOC including fugitive emissions.  Emissions authorized by
special exemption total 53.14 TPY of VOC including 47.80 TPY
of VOC fugitive emissions.

Standard exemptions are different and distinct from special
exemptions.  They were authorized under separate rules, had
different requirements and have been treated differently by
TACB.  The emission limits in Rule 116.6(a)(2) now
116.211(a)(3) apply only to emissions authorized by standard
exemption.  Thus, since the 22.85 TPY of VOC emissions
authorized by standard exemption are less than the 25 TPY
limitation, compliance with Rule 116.6(a)(2) now 116.211(a)(3)
has been demonstrated.