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Outdated Standard Exemptions 1 - 6, April 5, 1995

Outdated Title 30 TAC 116 Standard Exemptions organized by exemption number and date.


Clicking on a highlighted number below links you to the standard exemption.

1 | 2 | 3 | 4 | 5 | 6

1. Any facility constructed and operated at a domestic residence for domestic use. 2. Dual-chambered incinerators which meet the following: (a) Design requirements: (1) A burner in the secondary chamber shall maintain a temperature of 1,200 degrees Fahrenheit or higher in the secondary chamber; (2) The manufacturer's rated capacity (burn rate) shall be 1,000 pounds per hour or less for Type 0, Type 1, and Type 2 waste only, in which: Type 0 (Trash) wastes - Principal components are highly combustible waste, paper, wood, cardboard cartons, including up to 10% treated papers, plastic, or rubber scraps. Moisture content less than or equal to 10%; noncombustible solids less than or equal to 5.0%, andType 1 (Rubbish) wastes - Principal components are trash, rags, wood scraps, garbage (animal and vegetable wastes), and combustible floor sweepings. Garbage content cannot exceed 20%. Moisture content less than or equal to 25%; noncombustible solids less than or equal to 10%, andType 2 (Refuse) wastes - Principal components are trash and rubbish. Garbage content cannot exceed 50%. Moisture content less than or equal to 50%; noncombustible solids less than or equal to 7.0%, and (3) There shall be no obstruction to stack flow, such as by rain caps, unless such devices are designed to automatically open when the incinerator is operated. Properly installed and maintained spark arrestors are not considered obstructions; (b) Operational conditions: (1) Manufacturer's recommended operating instructions shall be posted at the incinerator and the unit shall be operated in accordance with these instructions; (2) Fuel for the incinerator shall be limited to sweet natural gas, liquid petroleum gas, Number 2 fuel oil with less than 0.5% sulfur by weight, or electric power; and (3) This facility shall be used solely for the disposal of waste materials generated on-site. Incinerators used in the processing or recovery of materials or to dispose of pathological*, hospital, and/or infectious waste are not covered by this exemption. Heat recovery, where no auxiliary fuel is burned, is allowed by this exemption. * Pathological waste shall be defined only as carcasses, gauze dressings, blood, body fluids, tissue, human and/or animal remains, and the associated wood, cardboard, paper, or non-chlorinated plastic waste containers.3. Combustion units designed and used exclusively for comfort heating purposes employing liquid petroleum gas, natural gas, or solid wood as fuel. Combustion of bark chips, sawdust, wood chips, treated wood, or wood contaminated with chemicals is not included. 4. Comfort air conditioning systems or comfort ventilating systems which are not used to remove air contaminants generated by or released from specific units of equipment. 5. Internal combustion engine and gas turbine driven compressors, electric generator sets, and water pumps, used only for portable, emergency, and/or standby services, provided that the maximum annual operating hours shall not exceed 10% of the normal annual operating schedule of the primary equipment; and all electric motors. For purposes of this exemption, "standby" means to be used as a "substitute for" and not "in addition to" other equipment. 6. Gas or liquid fuel-fired stationary internal combustion reciprocating engines or gas turbines that operate in compliance with the following conditions: (a) The facility shall be registered by submitting Form PI-7, Texas Natural Resource Conservation Commission (TNRCC) Table 29, for each proposed reciprocating engine, and TNRCC Table 31 for each proposed gas turbine to the TNRCC Office of Air Quality in Austin within 10 days after construction begins. Engines and turbines rated less than 240 horsepower need not be registered, but must meet conditions (e) and (f) of this exemption, relating to fuel and protection of air quality. (b) For any engine rated* 500 horsepower (hp) or greater: (1) The emissions of nitrogen oxides (NOx) shall not exceed the following limits: (A) 2.0 grams per horsepower-hour (g/hp-hr) under all operating conditions for any gas-fired rich-burn engine. (B) 2.0 g/hp-hr at manufacturer's rated full load and speed, and other operating conditions, except 5.0 g/hp-hr under reduced speed, 80-100% of full torque conditions, for any spark-ignited, gas-fired lean-burn engine, or any compression-ignited dual fuel-fired engine manufactured new after June 18, 1992. (C) 5.0 g/hp-hr under all operating conditions for any spark-ignited, gas-fired, lean-burn two-cycle or four-cycle engine or any compression-ignited dual fuel-fired engine rated 825 hp or greater and manufactured after September 23, 1982, but prior to June 18, 1992. (D) 5.0 g/hp-hr at manufacturer's rated full load and speed and other operating conditions, except 8.0 g/hp-hr under reduced speed, 80-100% of full torque conditions for any spark-ignited, gas-fired, lean-burn four-cycle engine, or any compression-ignited dual fuel-fired engine that: (i) was manufactured prior to June 18, 1992 and is rated less than 825 hp; or (ii) was manufactured prior to September 23, 1982. (E) 8.0 g/hp-hr under all operating conditions for any spark-ignited, gas-fired, two-cycle lean-burn engine that: (i) was manufactured prior to June 18, 1992 and is rated less than 825 hp; or (ii) was manufactured prior to September 23, 1982. (F) 11.0 g/hp-hr for any compression-ignited liquid-fired engine. * Engine hp rating shall be based on the engine manufacturer's maximum continuous load rating at the lesser of the engine or driven equipment's maximum published continuous speed. A rich-burn engine is a gas-fired spark-ignited engine that is operated with an exhaust oxygen content less than 4.0 % by volume. A lean-burn engine is a gas-fired spark- ignited engine that is operated with an exhaust oxygen content of 4.0% by volume, or greater. (2) For such engines which are spark-ignited gas-fired or compression-ignited dual fuel-fired, the engine shall be equipped as necessary with an automatic air-fuel ratio (AFR) controller which maintains AFR in the range required to meet the emission limits of (b)(1) of this exemption. An AFR controller shall be deemed necessary for any engine controlled with a non-selective catalytic reduction (NSCR) converter and for applications where the fuel heating value varies more than +/- 50 British thermal unit/standard cubic feet from the design lower heating value of the fuel. If a NSCR converter is used to reduce NOx, the automatic controller shall operate on exhaust oxygen control. (3) Records shall be created and maintained by the owner or operator for a period of at least two years, made available, upon request, to the TNRCC and any local air pollution control agency having jurisdiction, and shall include the following: (A) Documentation for each AFR controller, manufacturer's or supplier's recommended maintenance that has been performed, including replacement of the oxygen sensor as necessary for oxygen sensor-based controllers. The oxygen sensor shall be replaced at least quarterly in the absence of a specific written recommendation. (B) Documentation on proper operation of the engine by recorded measurements of NOx and carbon monoxide (CO) emissions as soon as practicable, but no later than seven days following each occurrence of engine maintenance which may reasonably be expected to increase emissions, changes of fuel quality in engines without oxygen sensor-based AFR controllers which may reasonably be expected to increase emissions, oxygen sensor replacement, or catalyst cleaning or catalyst replacement. Stain tube indicators specifically designed to measure NOx and CO concentrations shall be acceptable for this documentation, provided a hot air probe or equivalent device is used to prevent error due to high stack temperature, and three sets of concentration measurements are made and averaged. Portable NOx and CO analyzers shall also be acceptable for this documentation. (C) Documentation within 60 days following initial engine start-up and biennially thereafter, for emissions of NOx and CO, measured in accordance with United States Environmental Protection Agency (EPA) Reference Method 7E or 20 for NOx and Method 10 for CO. Exhaust flow rate may be determined from measured fuel flow rate and EPA Method 19. California Air Resources Board Method A-100 (adopted June 29, 1983) is an acceptable alternate to EPA test methods. Modifications to these methods will be subject to the prior approval of the Source and Mobile Monitoring Division of the TNRCC. Emissions shall be measured and recorded in the as-found operating condition; however, compliance determinations shall not be established during start-up, shutdown, or under breakdown conditions. An owner or operator may submit to the appropriate regional office a report of a valid emissions test performed in Texas, on the same engine, conducted no more than 12 months prior to the most recent start of construction date, in lieu of performing an emissions test within 60 days following engine start-up at the new site. Any such engine shall be sampled no less frequently than biennially (or every 15,000 hours of elapsed run time, as recorded by an elapsed run time meter) and upon request of the Executive Director of the TNRCC. Following the initial compliance test, in lieu of performing stack sampling on a biennial calendar basis, an owner or operator may elect to install and operate an elapsed operating time meter and shall test the engine within 15,000 hours of engine operation after the previous emission test. The owner or operator who elects to test on an operating hour schedule shall submit in writing, to the appropriate regional office, biennially after initial sampling, documentation of the actual recorded hours of engine operation since the previous emission test, and an estimate of the date of the next required sampling. (c) For any gas turbine rated 500 hp or more: (1) The emissions of NOx shall not exceed 3.0 g/hp-hr for gas-firing; and (2) The turbine shall meet all applicable NOx and sulfur dioxide (SO2) (or fuel sulfur) emissions limitations, monitoring requirements, and reporting requirements of EPA New Source Performance Standards Subpart GG--Standards of Performance for Stationary Gas Turbines. Turbine hp rating shall be based on turbine base load, fuel lower heating value, and International Standards Organization Standard Day Conditions of 59 degrees Fahrenheit, 1.0 atmosphere and 60% relative humidity. (d) Any engine or turbine rated less than 500 hp or used for temporary replacement purposes shall be exempt from the emission limitations of paragraphs (b) and (c) of this exemption. Temporary replacement engines or turbines shall be limited to a maximum of 90 days of operation after which they shall be removed or rendered physically inoperable. (e) Gas fuel shall be limited to: sweet natural gas or liquid petroleum gas, fuel gas containing no more than 10 grains total sulfur per 100 dry standard cubic feet, or field gas. If field gas contains more than 1.5 grains hydrogen sulfide or 30 grains total sulfur compounds per 100 standard cubic feet (sour gas), the engine owner or operator shall maintain records, including at least quarterly measurements of fuel hydrogen sulfide and total sulfur content, which demonstrate that the annual SO2 emissions from the facility do not exceed 25 tons per year (tpy). Liquid fuel shall be petroleum distillate oil that is not a blend containing waste oils or solvents and contains less than 0.3% by weight sulfur. (f) There will be no violations of any National Ambient Air Quality Standard (NAAQS) in the area of the proposed facility. Compliance with this condition shall be demonstrated by one of the following three methods: (1) Ambient sampling or dispersion modeling accomplished pursuant to guidance obtained from the Executive Director. Unless otherwise documented by actual test data, the following nitrogen dioxide (NO2)/NOx ratios shall be used for modeling NO2 NAAQS:

Device NOx Emission Rate (Q) g/hp-hr NO2/NOx Ratio
IC Engine Less than 2.0 0.4
IC Engine 2.0 thru 10.0 0.15 + (0.5/Q)
IC Engine Greater than 10.0 0.2
Turbines 0.25
IC Engine with catalytic converter 0.85


(2) All existing and proposed engine and turbine exhausts are released to the atmosphere at a height at least twice the height of any surrounding obstructions to wind flow. Buildings, open-sided roofs, tanks, separators, heaters, covers, and any other type of structure are considered as obstructions to wind flow if the distance from the nearest point on the obstruction to the nearest exhaust stack is less than five times the lesser of the height, Hb, and the width, Wb, where:

Hb = maximum height of the obstruction, and

Wb = projected width of obstruction =

2 square root of {(L x W)/(3.141)}


L = length of obstruction

W = width of obstruction


(3) The total emissions of NO x (nitrogen oxide plus NO 2) from all existing and proposed facilities on the property do not exceed the most restrictive of the following: (1) 250 tpy, (2) the value (0.3125 D) tpy, where D equals the shortest distance in feet from any existing or proposed stack to the nearest property line.

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