stdxapp.txt

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          Texas Natural Resource Conservation Commission
                      Interoffice Memorandum

To: Duncan Stewart, Chemical Section, New Source Review Permits Division
Date: October 30, 1997
Through: David D. Duncan, Senior Attorney
From: Terry G. Salem, Staff Attorney
Subject: Standard Exemption Applicability

Issue:

A company is operating without a permit.  The company could be eligible for a standard
exemption if the company installs appropriate control technology.  May the company register for
the standard exemption and install the appropriate control technology in the future?  When must
an applicant satisfy criteria noted in a standard exemption in order to qualify for the standard
exemption?

Answer:

A company's construction of a facility must meet the requirements of a permit or a standard
exemption in place at the time of the construction.  All exemption conditions must be met at the
time operation begins, in order to qualify for the standard exemption.  Therefore, the company
may not register for the standard exemption and install the appropriate control technology in the
future.  The company must have installed all appropriate control technology and meet all other
conditions of the standard exemption at the time of registration.