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Outdated Standard Exemptions 108 - 115, September 13, 1993

Outdated Title 30 TAC 116 Standard Exemptions organized by exemption number and date.


108 | 109 | 110 | 111 | 112 | 113 | 114 | 115


108.Portable pipe reactor process liquid fertilizer blending facilities that operate according to the following conditions:



(a) Written site approval is obtained from the Executive Director.


(b) All valves, piping, flanges, hoses, and disconnects must be free of leaks.


(c) Opacity from any process vent shall not exceed 20% except for those periods of start-up as defined in Regulation I, Section 111.121


(d) Emissions from the facility shall not cause or contribute to a condition of air pollution as defined in Section 1.03 of the Texas Clean Air Act.


109.Any facility where animals or poultry are slaughtered and prepared for human consumption provided that waste products such as blood, offal, and feathers are stored in such a manner as to prevent the creation of a nuisance condition and these waste products are removed from the premises daily or stored under refrigeration until removed. In addition, areas used to hold animals or poultry for slaughter shall be kept dry and clean to control odors.



110.Municipal solid waste landfills operating in compliance with the Texas Solid Waste Disposal Act.


111.A facility which replaces an existing facility provided that the following conditions are satisfied:



(a) The replacement facility functions in the same or similar manner as the facility to be replaced.



(b) The emissions from the replacement facility are not more than nor have different characteristics than those from the facility to be replaced.



(c) The emissions from the replacement facility will not exceed 25 tons per year of any air contaminant.



(d) The physical location of the replacement facility is the same or immediately adjacent to the facility being replaced.



(e) There will be no increase in capacity, production rate, or throughput as a result of the replacement.



(f) Notwithstanding the provisions of (c) above, the emissions from the replacement facility will not contain any compounds (other than carbon monoxide, nitrogen oxide, or sulfur dioxide) listed or proposed to be listed as hazardous constituents in 40 Code of Federal Regulations 261, Appendix VIII.



(g) Notification of the replacement is provided to the Executive Director within 10 days following installation of the replacement facility.



112.Railcar or truck unloading of wet sand, gravel, aggregate, coal, lignite, and scrap iron or scrap steel (but not including metal ores, metal oxides, battery parts, or fine dry materials) into trucks or other railcars for transportation to other locations, provided the following conditions are met:



(a) Bulk materials shall not be stored on-site.



(b) Water sprays or the equivalent must be installed and used as necessary at material handling operations to achieve maximum control of dust emissions.



(c) All permanent in-plant roads and vehicle work areas shall be watered, treated with dust-suppressant chemicals, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions.



113.Facilities using polyester/styrene co-polymer resins to manufacture products, provided that the following conditions are satisfied:


(a) Before construction begins, the owner or operator shall file with the appropriate Regional Office a completed Form PI-7 and supporting documentation demonstrating that all of the requirements of this exemption will be met.


(b) No more than 50 tons of resin and 6 tons of acetone shall be used per year (usage is defined as gross purchased minus inventory minus waste disposed).


(c) All spraying, brushing or rolling of liquid resin and acetone cleaning operations shall be conducted during daylight hours.


(d) All solid trim grinding operations shall be mechanically vented through a dry filter medium which has a particulate removal efficiency of less than 90%.


(e) All resin spraying operations shall be vented to the atmosphere through an uncapped stack or stacks, with no fugitive resin emissions from open doors, windows or wall or roof leaks being allowed. Each stack shall discharge vertically and the height of each stack shall be at least as high as one of the following:


(1) 35 feet above grade, or


(2) 25 feet above grade if the stack's exhaust flow rate exceeds 15,000 acfm, or


(3) Two (2) times the height above grade of the resin spraying building or any surrounding obstruction* to wind flow.


* Buildings, open-sided roof, tanks, covers or any other type of structure are considered 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 height of the obstruction.


(f) The owner or operator of this facility shall keep records or resin and acetone usage in pounds by the facility on a monthly and calendar year-to-date basis, and shall maintain these records on a calendar year basis with a two-year rolling retention period. This information must be sufficient to demonstrate compliance with part (b) above and shall be made available at the request of personnel from the TNRCC or any local air pollution control agency having jurisdiction.


114.Any sand and gravel production facility that obtains its material from deposits of sand and gravel consisting of natural disintegration of rock and stone, provided that the following conditions are satisfied:



(a) Crushing or breaking operations are not used.



(b) No blasting is conducted to obtain the material.



(c) Water sprays are installed on the plant at all screens and transfer points and used as necessary to achieve maximum control of dust emissions.



(d) The area where the sand and gravel is obtained shall be sprinkled with water as necessary to achieve maximum control of dust emissions before the material is removed and transported for processing.



(e) All in-plant roads shall be paved and cleaned or sprinkled with water and/or chemicals as necessary to achieve maximum control of dust emissions.



(f) The plant is located at least 1/4 mile from any recreational area or residence or other structure not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located.



(g) The production rate is 50 tons per hour or less.



115.Changes or additions to existing semiconductor manufacturing operations provided that all such changes satisfy the following conditions:



(a) A permit has been issued by the Texas Natural Resource Conservation Commission (TNRCC) for at least one emission source owned by the person using the exemption on the same property.



(b) For purposes of this standard exemption, and before this exemption is used for the first time at a property, the baseline emissions and the predicted ground level concentration (GLC) for each air contaminant shall be established by the person using the exemption. These baseline emissions and GLCs may be those provided with the most recent permit application if that application included all emissions from the site, otherwise new baselines shall be provided. The baseline GLC for each air contaminant is defined as the maximum off-property concentration of that contaminant which: (1) has been determined by atmospheric dispersion modeling accomplished pursuant to guidance obtained from the Executive Director, (2) is based on allowable emissions under all existing authorizations such as permits, special permits, standard exemptions and special exemptions, and actual emissions from grandfathered facilities, and (3) has been subjected to a previous health effect review in the issuance of an authorization to construct.



(c) Before construction begins, the changes shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7.



(d) The increase (if any) in the emissions of the following air contaminants in tons per year does not exceed the values specified:


Particulate matter 5 tpy
Volatile Organic Compounds 15 tpy
Acid gases or vapors 5 tpy
Nonvolatile hydrocarbon emissions 10 tpy
Any other air contaminant 5 tpy
Total of all air contaminants 25 tpy


(e) Data from air emissions monitoring or an emissions inventory is compiled and/or updated on an annual basis for all emission sources on the property, maintained on a three-year rolling retention cycle, and made available upon request by the Executive Director or his designated representative.



(f) Emissions of each specific air contaminant from the facility shall be provided with the Form PI-7. The total increase in emissions for any contaminant through any single or cumulative use of this exemption shall not exceed 25% of the baseline emissions and 25% of the baseline GLC as defined in (b) above. Emissions of an air contaminant may be substituted for a previously approved contaminant included in the baseline emissions under (b) above, if it meets the criteria that;



(E2)(OEL1) < = (E1)(OEL2)


where: E1is the emission rate of contaminant (1) approved for the baseline in (b).


E2is the emission of the air contaminant (2) to be substituted.


OEL1is the occupational exposure level for contaminant 1.


OEL2is the occupational exposure level for contaminant 2.


For the purposes of this exemption, the occupational limit to be used in the formula above shall be the lowest of those published as: 1) Occupation Safety and Health Administration permissible exposure limit, 2) National Institute for Occupational Safety and Health recommended exposure limit, or 3) the current American Conference of Governmental Industrial Hygienists Threshold Limit Value (TLV), with the following exceptions:


methylene chloride - use 26 milligrams per cubic meter (mg/m3);
perchloroethylene - use 33.5 mg/m3; and
propylene oxide - use 5 mg/m3.


(g) Emissions from each existing and proposed stack, hood, vent, or opening to the atmosphere shall have no visible emissions.


(h) This standard exemption is intended to include, but not be limited to, the following example type operations:


(1) Changes to and/or rearrangement of existing equipment.


(2) Research, development, engineering, quality control, and analytical processes.


(3) Plating, coating, stripping, cleaning, dispensing, testing, curing, drying, trimming, marking, and packaging operations.


(4) Liquid and gaseous hydrogen or carbon dioxide storage, distribution, and/or containment facilities.


(5) Semiconductor material alloying, crystal growing, deposition, annealing, polishing, sizing, thermal diffusion, and ion implantation, provided the GLC of each specific air contaminant is provided in accordance with above condition (f) prior to use.


(6) Semiconductor processes for deposition of metallic contacts, insulative oxides and composites, electron beam techniques, plasma and plasma enhanced operations, reactive ion and laser material displacement, photolithography patterning, and mask fabrication.


(7) Facilities for the storage and/or handling of containerized chemicals, provided that:


(A) Chemicals are stored in closed, non-leaking, Department of Transportation approved containers maintained in good condition,


(B) No portable container exceeds 300 gallons in volume capacity,


(C) Incompatible chemicals are stored with sufficient separation such that inadvertent spillage or leakage will not allow mixing that could produce or cause a reaction which could cause emissions to occur, and


(D) Any spillage is promptly cleaned up and removed for proper disposal.


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