stdxins.txt

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              INSTRUCTIONS FOR CLAIMING A STANDARD EXEMPTION


Title 30 Texas Administrative Code Chapter 116 (commonly known
as Regulation VI), states that any person who plans to
construct a new facility or to engage in the modification of
an existing facility which may emit contaminants into the air
of this state shall obtain a permit or satisfy the conditions
for exempt facilities before any actual work is begun on the
facility.  (If the proposed facility does not satisfy the
exemption conditions and construction begins before a permit
is obtained, enforcement action will be taken by the Texas
Natural Resource Conservation Commission [TNRCC].)

Over the years, the TNRCC has compiled a list of facilities
that, if constructed and operated in accordance with certain
provisions, are exempted from the TNRCC air quality permitting
procedures.  These facilities have been exempted because
they will not make a significant contribution of air
contaminants to the atmosphere.  This "Standard Exemption
List," as it is called, is part of TNRCC Regulation VI and is
periodically revised and amended.

Unlike a permit, for which an application is required, a
standard exemption is claimed.  You are responsible for
insuring that the exemption applies to your facility and that
this facility is constructed and operated in accordance with
the exemption requirements.  Familiarity with air pollution
laws, terms and calculations is assumed and may be essential
to claim an exemption.  If you are not familiar with these
items, you may need an environmental consultant to help you. 
A list of consultants is available from the Office of Air
Quality (OAQ) New Source Review Division or any TNRCC Regional
Office.

You may claim exemption from air quality permitting procedures
if:

1.    The facility meets ALL eligibility requirements of
116.211(a)-(c) (on back of this page).

2.    The facility meets ALL conditions of one or more
exemptions on the current Standard Exemption List.

To claim exemption from permitting procedures, you should:

1.    Read the requirements of 116.211, and the particular
standard exemption(s) you want to claim.

2.    Calculate maximum hourly and annual emissions from the
proposed facility, using AP-42 or other accepted methods,
including upstream and downstream changes caused by this
project.

3.    Determine whether the facility meets all the eligibility
requirements of 116.211(a)-(c) (we recommend using the
116.211 Permit Exemptions - Applicability Checklist available
from the OAQ or any Regional Office).

4.    Determine whether the facility meets all the
requirements of the specific exemption (we recommend using the
individual exemption checklists, when available).

5.    If the facility meets the requirements of
116.211(a)-(c), and the standard exemption does not require
registration, notification, or site approval, then
construction may be started immediately.*

If the specific exemption requires registration or
notification, complete Form PI-7 along with documentation that
verifies all requirements of 116.211(a)-(c) and the
exemption(s) are met.  Submit this information to TNRCC,
Office of Air Quality, NSR Division (MC-162), P.O. Box 13807,
Austin, Texas  78711-3087 [Fax: (512) 239-1300].  Copies
should always be furnished to the appropriate TNRCC Regional
Office as well as to any local programs.

If the exemption requires site approval, the TNRCC Regional
Office will determine whether the proposed site can be
approved.  Construction should not begin before you receive
your site approval letter.

*IMPORTANT:    Although some facilities are allowed to
construct under exemption(s), all facilities must continuously
comply with all TNRCC rules and regulations.  Some exempted
facilities may also be subject to federal New Source
Performance Standards (NSPS) and/or National Emission
Standards for Hazardous Air Pollutants (NESHAPS).

                                                             
Revised 10/95

                    116.211  Standard Exemption List

     (a)  Pursuant to the Texas Clean Air Act (TCAA), 382.057,
the facilities or types of facilities listed in the Standard
Exemption List, dated September 6, 1995, are exempt from the
permit requirements of the TCAA, 382.05-18, because such
facilities will not make a significant contribution of air
contaminants to the atmosphere.  A facility shall meet the
following conditions to be exempt from permit requirements.

          (1)  Total actual emissions authorized under
standard exemption from the proposed facility shall not exceed
250 tons per year (tpy) of carbon monoxide (CO) or nitrogen
oxides (NOx), or 25 tpy of volatile organic compounds (VOC) or
sulfur oxides (SO2) or inhalable particulate matter (PM10), or
25 tpy of any other air contaminant except carbon dioxide,
water, nitrogen, methane, ethane, hydrogen, and oxygen. 

          (2)  Total actual emissions authorized under
standard exemption from the proposed facility which is located
in a nonattainment area shall not exceed the following limits
for each nonattainment pollutant:

               (A)  the applicable major modification
threshold for CO in the definition of "major modification" in
116.12 of this title (relating to Nonattainment Review
Definitions.  

               (B)  25 tpy of SO2,

               (C)  15 tpy of PM10

               (D)  In an ozone nonattainment area, the
applicable major modification threshold of NOx in Table 1
of the definition of "major modification" in 116.12 of this
title.

          (3)  Total actual emissions authorized under
standard exemption from the property where the proposed
facility is to be located shall not exceed 250 tpy of CO, or
NOx; or 25 tpy of VOC, or SO2, or PM10; or 25 tpy of any other
air contaminant except carbon dioxide, water, nitrogen,
methane, ethane, hydrogen, and oxygen; unless at least one
facility at such property has been subject to public
notification and comment as required in Subchapter B or
Subchapter D of this chapter (relating to Public Notification
and Comment Procedures) or the pertinent Chapter 116
procedures that were in effect at the time.

          (4)  Construction or modification of the facility
shall be commenced prior to the effective date of a revision
of the Standard Exemption List under which the construction or
modification would no longer be exempt.

          (5)  The proposed facility shall comply with the
applicable provisions of the Federal Clean Air Act (FCAA) 111
(regarding Federal New Source Performance Standards) and 112
(regarding Hazardous Air Pollutants), and the new source
review requirements of the FCAA Part C and Part D and
regulations promulgated thereunder. 

          (6)  There are no permits under the same Texas
Natural Resource Conservation Commission (TNRCC) Account
Number that contain a condition or conditions precluding use
of the standard exemption or standard exemptions.

     (b)  Notwithstanding the provisions of this section, any
facility which constitutes a new major source, or any
modification which constitutes a major modification under
nonattainment review or Prevention of Significant
Deterioration review as amended by the FCAA Amendments of
1990, and regulations promulgated thereunder shall be subject
to the requirements of 116.110 of this title (relating to
Applicability) rather than this section.

     (c)  No person shall circumvent by artificial limitations
the requirements of 116.110 of this title.

     (d)  The emissions from the facility shall comply with
all rules and regulations of the TNRCC and with the intent of
the TCAA, including protection of health and property of the
public and all emissions control equipment shall be maintained
in good condition and operated properly during operation of
the facility.

     (e)  Copies of the current Standard Exemption List are
available from the TNRCC, Air Quality Planning Annex, located
at 12118 North IH-35, Park 35 Technology Center, Building A,
Austin, Texas 78753, and at all TNRCC Regional Offices.

     (f)  Installations exempted by the TNRCC may be required
by local air pollution control agencies to receive a permit
or permits from that agency, or register with that agency. 
Any such requirements must be in accordance with the TCAA,
382.113 and any other applicable law.

Adopted September 6, 1995          Effective October 4, 1995