Exemptions
Clicking on a highlighted number below
links you to the standard exemption.
90 |
91 |
92
|
93 |
94 |
95 |
96 |
97
90. Pathological waste* incinerators
which meet the following:
(a) Design requirements:
- (1) The manufacturer's rated capacity (burn rate) for
pathological waste shall be 200 pounds per hour or less;
- (2) The incinerator shall be a dual-chamber design;
- (3) Burners shall be located in each chamber, sized to
manufacturer's specifications, and automatically operated when the
unit is charged with waste;
- (4) Excluding crematories, the secondary chamber must be
designed to maintain a temperature of 1,600 degrees Fahrenheit or
more with a gas residence time of 1/2 second or more; and
- (5) There shall be no obstructions 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) Before construction begins, the facility shall be
registered with the appropriate Regional Office using Form
PI-7;
- (2) Manufacturer's recommended operating instructions shall be
posted at the unit and the unit shall be operated in accordance
with these instructions;
- (3) The opacity of emissions from the incinerator shall not
exceed 5.0% averaged over a five-minute period;
- (4) Heat shall be provided by the combustion of sweet natural
gas, liquid petroleum gas, or Number 2 fuel oil with less than 0.5%
sulfur by weight, or by electric power;
- (5) This facility, except crematories, shall be used solely for
the disposal of pathological waste generated on-site. Incinerators
used in the processing or recovery of materials, or in the
commercial disposal of wastes not generated on-site, are not
covered by this standard exemption. Heat recovery, where no
auxiliary fuel is burned, is allowed by this exemption; and
- (6) Incinerators installed and operated in accordance with the
conditions of this standard exemption shall not be used to dispose
of any hospital waste, other than pathological waste as defined in
this standard 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.
91. All bulk mineral product (except
asbestos) handling facilities that operate in compliance with the
following conditions:
(a) All material shall be transported
in a closed conveying system and all exhaust air to the atmosphere
shall be vented through a fabric filter having a maximum filtering
velocity of 4.0 feet per minute (ft/min) with mechanical cleaning
or 7.0 ft/min with automatic air cleaning.
(b) 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.
(c) The facility (including associated stationary equipment and
stockpiles) shall be located at least 300 feet from any
recreational area, school, residence, or other structure not
occupied or used solely by the owner of the property upon which the
facility is located.
(d) Before construction begins,
written site approval must be received from the Executive Director
of the Texas Air Control Board and the facility shall be registered
with the appropriate Regional Office using Form PI-7.
92. All oil well servicing bulk sand
handling facilities that operate according to the following
conditions:
(a) All sand shall be
prewashed.
(b) All handling of sand shall be
mechanical or, if conveyed pneumatically, the conveying air shall
be vented to the atmosphere through a fabric filter(s) having a
maximum filtering velocity of 4.0 feet per minute (ft/min) with
mechanical cleaning or 7.0 ft/min with air cleaning.
(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.
(d) The facility (including
associated stationary equipment and stockpiles) shall be located at
least 300 feet from any recreational area, school, residence, or
other structure not occupied or used solely by the owner of the
property upon which the facility is located.
(e) 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 the exemption will be met.
93. Any temporarily located concrete
facility* that accomplishes wet batching, dry batching, or central
mixing and operates according to the following conditions:
(a) All bulk storage silos shall be
equipped with fabric filter(s) having a maximum filtering velocity
of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0
ft/min with automatic air cleaning or are vented to the central
collection system specified in condition (f).
(b) The cement weigh hopper shall be
vented to a control device which eliminates visible emissions or
vented inside the charging hopper of the transit mix truck if
controlled by a suction shroud.
(c) A visible and/or audible warning
mechanism shall be installed on each silo or auxiliary bulk storage
trailer to warn operators that the silo or trailer is full.
(d) All in-plant roads (batch truck
and material delivery truck roads) and areas between stockpiles and
conveyor hoppers shall be watered, treated with dust-suppressant
chemicals, oiled, or paved and cleaned as necessary to achieve
maximum control of dust emissions.
(e) All stockpiles shall be sprinkled
with water and/or dust-suppressant chemicals as necessary to
achieve maximum control of dust emissions.
(f) Loading of rotary mix trucks at
wet batch plants shall be through a discharge spout equipped with a
water fog ring having low-velocity fog nozzles spaced to create a
continuous fog curtain that controls dust emissions or a suction
shroud which is vented to a central collection system with a
minimum of 4,000 acfm of air to a fabric filter with air cleaning
and a 7.0 ft/min maximum filtering velocity or automatic sequenced
mechanical cleaning and a 5.25 ft/min maximum filtering
velocity.
(g) Dust emissions from the loading
of open-bodied trucks at the batch drop point of dry batch plants,
or dust emissions from the drum feed for central mix plants shall
be controlled by a suction shroud which is vented to a central
collection system with a minimum of 4,000 acfm of air to a fabric
filter with air cleaning and a 7.0 ft/min maximum filtering
velocity or automatic sequenced mechanical cleaning and a 5.25
ft/min maximum filtering velocity. Suction shrouds at dry batch
plants shall be utilized so as to allow for closure over the
receiving vehicle compartment or bed.
(h) Spillage of cement and fly ash
used in the batch shall be immediately cleaned up and contained or
dampened such that dust emissions from wind erosion and/or vehicle
traffic are minimized.
(i) All open-bodied vehicles
transporting material from any dry batch plant to paving mixer(s)
shall be loaded with a final layer of wet sand and/or the truck
shall be covered with a tarp to achieve maximum control of dust
emissions.
(j) The facility (including
associated stationary equipment and stockpiles) shall be located at
least 300 feet from any recreational area, school, residence, or
other structure not occupied or used solely by the owner of the
property upon which the facility is located. This distance
limitation does not apply to structures within the boundaries of
the project for which the facility is to pour concrete when the
facility is located on or contiguous to the project.
(k) Unless the facility is to be
located temporarily in or contiguous to the right-of-way of a
public works project, public notice and opportunity for public
hearing, as specified in 116.7(b)(2) and (3), must be published and
documentation provided to the Texas Air Control Board (TACB).
(l) Before construction of the
facility begins, written site approval shall be received from the
Executive Director of the TACB.
(m) Before construction begins, the
facility shall be registered with appropriate Regional Office using
Form PI-7, including a current TNRCC Table 20.
(n) The appropriate regional office
and local air pollution agency shall be notified on the first day
the plant starts operating.
* A temporarily located concrete facility produces concrete
exclusively for a designated construction project or
occupies a designated site for no more than 180 consecutive
days.
94. Any soil stabilization facility
that operates according to the following conditions:
(a) All bulk storage silos shall be
equipped with fabric filter(s) having a maximum filtering velocity
of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0
ft/min with automatic air cleaning.
(b) All conveyor belts transferring
dry material to the pug mill shall be top covered.
(c) The pug mill used to mix the
materials shall be covered.
(d) All permanent in-plant roads and
vehicle work areas shall be watered, oiled, or paved and cleaned as
necessary to achieve maximum control of dust emissions.
(e) An audible and/or visible
mechanism shall be installed on the storage silo(s) to notify
operators that the silo is full.
(f) All stockpiles shall be sprinkled
with water and/or chemicals as necessary to achieve maximum control
of dust emissions.
(g) When emulsified asphalt is used
as the stabilizing admixture, the emulsified asphalt shall be
stored in a container used exclusively for emulsified asphalt
storage. Transfer of emulsified asphalt from the storage tank to
the pug mill shall be accomplished by means of a pump and metering
device.
(h) Before construction of the
facility begins, written site approval shall be received from the
Executive Director of the Texas Air Control Board, and the facility
shall be registered with the appropriate Regional Office using Form
PI-7.
(i) The facility shall be located at
least 300 feet from any recreational area, school, 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. This distance limitation does not apply to structures
within the boundaries of the project for which the facility is to
process stabilized soil when the facility is located on or
contiguous to the project.
95. Uranium in-situ solution recovery
facility producing yellowcake, provided that the facility operates
according to the following conditions:
(a) The facility 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.
(b) The facility shall have no
emissions other than: (a) ammonia which shall not exceed an
emission rate of 2.0 pounds per hour (lb/hr), and (b) particulate
dust from yellowcake drying not to exceed 0.1 lb/hr.
(c) The facility shall have no
visible particulate emissions from any part of the process.
(d) Before construction begins, the
facility shall be registered with the appropriate Regional Office
using Form PI-7.
96. Dry hearth reverberatory type
holding chamber aluminum or copper metal reclamation/sweat furnaces
in which no fluxing, degassing, or refining is conducted, which
operate according to the following conditions and limitations:
(a) Scrap metal charges shall consist
primarily of copper or aluminum metal. Operation of the furnace for
reclamation or lead, tin, zinc, or magnesium metals is
prohibited.
(b) The maximum furnace charging rate
shall be 2,000 pounds per hour or less.
(c) The furnace charge door shall
remain closed except during charging and furnace cleaning
operations.
(d) The furnace shall be equipped
with an afterburner which will provide a minimum retention time of
0.1 second at a minimum temperature of 1,300 degrees Fahrenheit for
all furnace exhaust gases.
(e) The incineration of any insulated
wire or cable containing chlorine compounds in the insulation, such
as polyvinyl chloride insulation, is expressly prohibited.
(f) The owner or operator of the
furnace shall initiate and maintain a program of furnace operator
training in the recognition of chlorine-bearing wire or cable
insulation and shall demonstrate, upon request by the Executive
Director, acceptable proficiency in the recognition of
chlorine-bearing wire or cable insulation such as polyvinyl
chloride insulation.
(g) Fuel for the furnace shall be
sweet natural gas as defined in 30 TAC Chapter 101 as adopted by
the Texas Natural Resource Conservation Commission (TNRCC) or
liquid petroleum gas, diesel, or Number 2 fuel oil.
(h) Before construction begins, the
facility shall be registered with the TNRCC Office of Air Quality
in Austin using Form PI-7.
97. Any trench burner that operates
according to the following conditions:
(a) The trench burner shall be
operated at least 300 feet from any recreational area, residence,
or other structure not occupied or used solely by the owner of the
trench burner or the owner of the property upon which the trench
burner is located.
(b) The trench shall be opened in
undisturbed soil not previously excavated, built up, compacted, or
used in any type of landfill operation.
(c) The trench shall be no wider than
12 feet with a minimum depth of 10 feet. The maximum length of the
burning area as measured along the bottom of the trench shall not
exceed by more than five feet the length of the manifold. The walls
of the trench must be maintained such that they remain
vertical.
(d) Operation of this trench burner
is limited to the hours between 8:00 a.m. and 6:00 p.m., and is
limited to a total of eight hours per day and l,000 hours per year.
A written record or log of the hours of operation of this trench
burner shall be maintained at the site and made available at the
request of personnel from the Texas Natural Resource Conservation
Commission (TNRCC) or any local air pollution control program
having jurisdiction. This record or log shall be organized such
that the compliance status of this special condition can be readily
determined.
(e) Material shall not be added to
the trench such that the material will not be consumed by 6:00
p.m.
(f) The blower shall remain on until
all material is consumed so that any remaining material in the
trench will not smoke when the blower is turned off.
(g) This trench burner shall not be
operated when an air stagnation advisory is in effect for the area
in which the trench burner is located.
(h) Opacity of emissions from the
trench and from operation of the blower shall not exceed 20%
averaged over a five-minute period, except for a start-up period
which shall not exceed 20 minutes. Opacity shall be measured as
outlined in Chapter 13, "Visible Emissions Evaluation," of the TACB
Sampling Procedures Manual, as published in January 1983,
and as subsequently revised.
(i) Material to be burned in the
trench is limited to not more than 7.0 ton per hour of trees,
brush, and untreated lumber. Material not being worked and material
being stockpiled to be burned at a later date must be kept at least
75 feet from the trench.
(j) Material shall not be added to
the trench in such a manner as to be stacked above the air curtain
at any time.
(k) The ash generated by this
operation shall be removed from the trench as necessary in order to
maintain the minimum trench depth of 10 feet. The ash shall be
removed in such a manner as to minimize the ash becoming airborne.
All material removed from the trench must be completely
extinguished before being landfilled or placed in contact with
combustible material to prevent combustion outside of the trench or
in the landfill.
- (l) A copy of this exemption shall be kept at the burn site and
made available at the request of personnel from the TACB or any
local air pollution control program having jurisdiction.
(m) Operating instructions shall be
posted at the burn site and all operators shall read and have
knowledge of these instructions. The operating instructions shall
be made available at the request of personnel from the TACB or any
local air pollution control program having jurisdiction.
(n) An operator shall remain with the
trench burner at all times when it is operating.
(o) Upon notification by a
representative of the TNRCC or any local air pollution control
program having jurisdiction that the trench burner is not complying
with the conditions of this exemption, no additional material shall
be added to the trench until compliance with such conditions has
been effected.
(p) The Texas Department of Health
(TDH) shall be notified by the owner or operator of the trench
burner prior to use of the trench burner at a TDH permitted
landfill.
(q) Upon removal of the trench burner
from the burn site, the trench shall be completely filled with
uncombustible material.
(r) Before operation of the facility
begins at any site, written site approval shall be received from
the Executive Director of the TACB and any local air pollution
control program having jurisdiction in the area and the facility
shall be registered with Form PI-7.
Questions? We Can Help
If you have questions contact us.