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Outdated Standard Exemptions 1-6, July 15, 1988

Outdated Title 30 TAC 116 Standard Exemptions organized by exemption number and date.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

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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%, and
    • Type 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%, and
    • Type 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 (IC) 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 engines or gas turbines, provided that all proposed engines and turbines satisfy all the following conditions:

(a) Within 10 days after construction of the facility begins, it shall be registered with Form PI-7, including applicable information demonstrating compliance with (b) below and information concerning the air quality in the area of the proposed facility [See (c) below]. Engines smaller than 240 horsepower (HP) need not be registered, but must meet all other conditions of this exemption
(b) The emissions of nitrogen oxides (NOx) [(nitrogen oxide (NO)) plus nitrogen dioxide (NO2)] are no more than 5.0 grams per horsepower-hour (gr/HP-HR) for any such gas-fired engine or turbine, or 11.0 gr/HP-HR for any such liquid-fired engine or turbine where such are classified as follows:
  • (1) Manufactured new after September 23, 1982 and rated at 825 HP or more, or
  • (2) Rebuilt, reconditioned and/or modified after September 23, 1982, where the cost of such rebuilding, reconditioning and/or modifications exceeds 50% of the cost of a new, similar or complete replacement engine or turbine and rated at 825 HP or more.
  • (3) Engines or turbines used for emergency, standby or temporary replacement purposes (provided that maximum annual operating hours of the substituted equipment do not exceed 10% of normal annual operating schedule of the primary equipment) shall be exempt from the gr/HP-HR emission limits specified above. Maintenance test running of these engines or turbines shall not exceed 52 hours per year.

    Documentation of manufacturing date is required, as well as certification that the engine or turbine has not been rebuilt, recondition and/or modified after September 23, 1982.

    In addition, the owner or operator shall submit and implement monitoring and/or testing plans sufficient to demonstrate that the NOx emissions do not exceed the gr/HP-HR limitation specified above. Monitoring and testing results shall be made available to the agency upon request.

(c) There will not be 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) gm/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 NOx (nitrogen oxide plus NO2) 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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