Exemption
Clicking on a highlighted number below
links you to the standard exemption.
62 |
63 |
64
|
65 |
66 |
67 |
68 |
69 |
70 |
71 |
72
62. Animal feeding operations which
confine animals in numbers specified below and any associated
on-site feed handling and/or feed milling operations which satisfy
the following conditions:
(a) Operations designed to feed no more than:
(1) 1,000 cattle,
(2) 1,000 horses and mules,
(3) 2,500 swine weighing more than 55 pounds,
(4) 10,000 sheep and goats, or
(5) 1,000 animal equivalents.
Where a combination of cattle, swine weighing over 55 pounds,
horses and mules, or sheep and goats are present, animal
equivalents shall be calculated by adding the following numbers:
1.0 x (number of cattle)
+ 0.4 x (number of swine weighing over 55 pounds)
+ 2.0 x (number of horses and mules)
+ 0.1 x (number of sheep and goats)
===============================================
Total = animal equivalents.
(b) In determining the number of animals or animal
equivalents, mothers with nursing young shall be counted as a
single animal while the young are nursing. Once removed from the
mother, the young animals shall be counted when determining the
number of animals or animal equivalents. Swine weighing 55 pounds
or less shall be allowed, but not counted in determining the number
of animals or animal equivalents. Animals on pasture are not
considered as part of the animal feeding operation.
(c) Operations designed to feed no more than 55,000 turkeys or
other birds, excluding ducks, concentrated on open lots.
(d) Operations designed to feed no more than 5,000 ducks.
(e) All caged poultry operations designed to feed no more than
30,000 birds.
(f) All housed poultry operations when wood shavings or
similar material is used as litter.
(g) All caged poultry operations designed to feed more than
30,000 birds when a dry manure storage and handling system is used
and when 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 egg laying or caged pullet operation. Before
construction of the caged laying and caged pullet operations
begins, written site approval shall be received from the Executive
Director of the TNRCC and the facility shall be registered with the
TNRCC Office of Air Quality using Form PI-7.
(h) For the associated on-site feed handling and/or feed
milling operations to be covered under this exemption, no products
from the feed handling and or feed milling shall be shipped
off-site.
63. Livestock auction sales
facilities, provided the following conditions are satisfied:
(a) All holding pens shall be covered by a roof.
(b) All traffic areas shall be paved and cleaned, oiled, or
sprinkled with water and/or chemicals as necessary to achieve
maximum control of dust emissions.
(c) Manure shall be cleaned from pens as necessary to prevent
an odor nuisance and disposed of in a manner which will not create
a nuisance.
(d) Dead animals shall be properly disposed of within 24 hours
after death.
(e) The facility shall be located at least 600 feet from any
recreational area or residence or other structure not occupied or
used solely by the owner or operator of this facility.
(f) Before construction of the facility begins, written site
approval shall be received from the Executive Director of the Texas
Natural Resource Conservation Commission (TNRCC) and the facility
shall be registered with the TNRCC Office of Air Quality in Austin
using Form PI-7.
64. Modifications to feed milling
operations which satisfy the following:
(a) In conjunction with the installation of additional grain
or feed storage silos, including bins used for loading out finished
feed, all materials shall be transported in a closed conveying
system when handled mechanically or pneumatically. 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) In conjunction with the installation of a pellet
mill/pellet cooler system, the air from the pellet cooler shall be
vented through a high efficiency cyclone collector which has a cone
length at least twice the diameter of the cyclone.
65. Salt water disposal facilities
used to handle aqueous liquid wastes from petroleum production
operations and water injection facilities, provided that the
following conditions are met:
(a) Any facility processing salt water which emits a sour gas
shall be located at least 1/4 mile from any recreational area or
residence or other structure not occupied or used solely by the
owner or operator of the facility or the owner of the property upon
which the facility is located.
(b) Any open storage of salt water shall be operated in such a
manner as to prevent the occurrence of a nuisance condition
off-property.
(c) All plant roads and truck loading and unloading areas must
be operated and/or maintained as necessary to prevent dust
emissions from the property which would cause or contribute to a
nuisance condition. Appropriate operating activities may include
reduction of speed of vehicles, use of alternate routes, and
covering of dust-producing loads being hauled. Appropriate
maintenance activities may include watering, treatment with dust
suppressant chemicals, oiling, paving, and cleaning dust-producing
surfaces.
66. Any oil or gas production
facility*, carbon dioxide separation facility*, or oil or gas
pipeline facility* consisting of one or more tanks, separators,
dehydration units, free water knockouts, gunbarrels, heater
treaters, natural gas liquids recovery units, or gas sweetening and
other gas conditioning facilities, including sulfur recovery units
at facilities conditioning produced gas containing less than two
long tons per day of sulfur compounds as sulfur, provided that the
following conditions are met:
(a) Compressors and flares shall meet the requirements of
Standard Exemptions 6 and 80, respectively.
(b) Total emissions, including process fugitives, combustion
unit stacks, separator, or other process vents, tank vents, and
loading emissions from all such facilities constructed at a site
under this exemption shall not exceed 25 tons per year (tpy) each
of sulfur dioxide (SO2), all other sulfur compounds combined, or
all volatile organic compounds (VOC) combined; and 250 tpy each of
nitrogen oxide and carbon monoxide. Emissions of VOC and sulfur
compounds other than SO2 must include gas lost by equilibrium flash
as well as gas lost by conventional evaporation.
(c) Any facility handling sour gas shall be located at least
1/4 mile from any recreational area or residence or other structure
not occupied or used solely by the owner or operator of the
facility or the owner of the property upon which the facility is
located.
(d) Total emissions of sulfur compounds, excluding sulfur
oxides, from all vents shall not exceed 4.0 pounds per hour (lb/hr)
and the height of each vent emitting sulfur compounds shall meet
the following requirements except in no case shall the height be
less than 20 feet:
|
Total as Hydrogen Sulfide,
lb/hr |
Minimum vent height, feet |
0.27 |
20 |
0.60 |
30 |
1.94 |
50 |
3.00 |
60 |
4.00 |
68 |
Note: Other values may be interpolated.
(e) Before operation begins, facilities handling sour gas
shall be registered with the Texas Natural Resource Conservation
Commission Office of Air Quality in Austin using Form PI-7 along
with supporting documentation that all requirements of this
exemption will be met. For facilities constructed under Standard
Exemption 67, the registration is required before operation under
Standard Exemption 66 can begin. If the facilities cannot meet
Standard Exemption 66, a permit is required prior to continuing
operation of the facilities.
* This exemption applies only to those facilities named above
which handle gases and liquids associated with the production,
conditioning, processing, and pipeline transfer of fluids found in
geologic formations beneath the earth's surface.
67. Temporary separators, tanks,
meters, and fluid-handling equipment used for a period not to
exceed 90 operating days, provided that all the following
conditions are satisfied:
(a) The purpose of the 90-day period is to test the content of
a subsurface stratum believed to contain oil or gas and/or to
establish the proper design of a permanent fluid-handling facility.
(b) Any sour gas produced during this test period shall be
burned in a smokeless flare which meets the requirements of
conditions (a)(4), (b)(1), and (b)(3) of Standard Exemption 80.
(c) Total emissions of reduced sulfur compounds, excluding
sulfur oxides, but including hydrogen sulfide, shall not exceed 4.0
pounds per hour and the emission point height of any vent of
reduced sulfur compounds shall meet the requirements of Standard
Exemption 66(d).
(d) Operation of a facility authorized by this exemption
beyond the 90-day period shall not be allowed unless such operation
is authorized under another Standard Exemption or is permitted
under Section 116.1 or Section 116.7.
68. Equipment used to reclaim or
destroy chemicals removed from contaminated ground water,
contaminated water condensate in tank and pipeline systems, or
contaminated soil, for the purpose of remedial action, provided all
the following conditions are satisfied:
(a) Applicability shall pertain to soil and water remediation
at the property where the original contamination of the ground
water or soil occurred or at a nearby property secondarily affected
by the contamination, but not to any soil or water treatment
facility where soils or water are brought in from another property.
Such facilities are subject to Section 116.1, relating to Permit
Requirements.
(b) For treating groundwater or soil contaminated with
petroleum compounds, the total emissions of petroleum hydrocarbons
shall not exceed 1.0 pound per hour (lb/hr), except that benzene
emissions also must meet the conditions of Standard Exemption
118(c) and (d). For purposes of this exemption, petroleum is
considered to include: (1) liquids or gases produced from natural
formations of crude oil, tar sands, shale, coal and natural gas, or
(2) refinery fuel products to include fuel additives.
(c) For treating groundwater or soil contaminated with
chemicals other than petroleum, emissions must meet the
requirements of Standard Exemption 118(b), (c), and (d). If the
groundwater or soil is contaminated with both petroleum and other
chemicals, the petroleum compound emissions must meet condition (b)
of this exemption and the other chemical emissions must meet the
requirements of Standard Exemption 118(b), (c), and (d). The
emission of any chemical not having a Limit (L) Value in Table 118A
of Standard Exemption 118 is limited to 1.0 lb/hr.
(d) The handling and processing (screening, crushing, etc.) of
contaminated soil and the handling and conditioning (adding
moisture) of remediated soil shall be controlled such that there
are no visible emissions with the exception of moisture.
(e) If abatement equipment is used to meet conditions (b) and
(c), the equipment must satisfy one of the following conditions:
(1) The vapors shall be burned in a direct-flame combustion
device (incinerator, furnace, boiler, heater, or other enclosed
direct-flame device) operated in compliance with Standard Exemption
88(b) and (c).
(2) The vapors shall be burned in a flare which meets the
requirements of Standard Exemption 80 and the requirements of 40
Code of Federal Regulations 60.18 which shall take precedence over
Standard Exemption 80 in any conflicting requirements whether or
not New Source Performance Standards apply to the flare.
(3) The vapors shall be burned in a catalytic oxidizer which
destroys at least 90% of the vapors. An evaluation of oxidizer
effectiveness shall be made at least weekly using a portable flame
or photoionization detector or equivalent instrument to determine
the quantity of carbon compounds in the inlet and outlet of the
catalytic oxidizer. Records of oxidizer performance shall be
maintained in accordance with condition (g).
(4) The vapors shall be routed through a carbon adsorption
system (CAS) consisting of at least two activated carbon canisters
that are connected in series. The system shall meet the following
additional requirements:
(A) The CAS shall be sampled and recorded weekly to determine
breakthrough of volatile organic compounds (VOC). Breakthrough is
defined as a measured VOC concentration of 50 parts per million by
volume (ppmv) in the outlet of the initial canister. The sampling
point shall be at the outlet of the initial canister, but before
the inlet to the second or final polishing canister. Sampling shall
be performed while venting maximum emissions to the CAS. (Example:
during loading of tank trucks, during tank filling, during process
venting.)
(B) A flame ionization detector (FID) shall be used for VOC
sampling. The FID shall be calibrated prior to sampling with
certified gas mixtures (propane in air) of 10 ppmv +/- 2.0% and of
100 ppmv +/- 2.0%.
(C) When the VOC breakthrough is measured, the waste gas flow
shall be switched to the second canister immediately. Within four
hours of detection of breakthrough, a fresh canister shall be
placed as the new final polishing canister. Sufficient fresh
activated carbon canisters shall be maintained at the site to
ensure fresh polishing canisters are installed within four hours of
detection of breakthrough.
(D) Records of the CAS monitoring maintained at the plant site
shall include, but are not limited to, the following:
1. sample time and date,
2. monitoring results (ppmv),
3. corrective action taken, including the time and date of the
action, and
4. process operations occurring at the time of sampling.
(E) The registration shall include a demonstration that
activated carbon is an appropriate choice for control of the
organic compounds to be stripped.
(f) Before construction of the facility begins, the facility
shall be registered with the Texas Natural Resource Conservation
Commission (TNRCC) Office of Air Quality in Austin using Form PI-7.
The registration shall contain specific information concerning the
basis (measured or calculated) for the expected emissions from the
facility. The registration shall also explain details as to why the
emission control system can be expected to perform as represented.
(g) Records required by applicable paragraphs of this
exemption shall be maintained at the site and made available to
personnel from the TNRCC or any local agency having jurisdiction.
These records shall be made available to representatives of the
TNRCC and local programs upon request and shall be retained for at
least two years following the date that the data is obtained.
69. Replacement or addition of cotton
gin stands where no other equipment change or additions are
involved.
70. Repairs or maintenance not
involving structural changes where no new or permanent facilities
are installed.
71. Any permanently or temporarily
located concrete plant* that accomplishes wet batching, dry
batching, or central mixing, and operates in compliance with the
following conditions:
(a) All stockpiles shall be sprinkled with water and/or
dust-suppressant chemicals as necessary to achieve maximum control
of dust emissions. The stockpile sprinkler system shall be operable
at all times.
(b) A mechanism shall be installed on each bulk storage silo
to warn operators when the silo is full.
(c) All permanent in-plant roads (batch truck and material
delivery truck roads) shall be paved with a cohesive hard surface
that can be repeatedly swept, washed, and maintained intact and
cleaned as necessary to achieve maximum control of dust emissions.
All batch trucks and material delivery trucks shall remain on a
paved surface when entering, conducting primary function, and
leaving the property. Other areas on the property subject to
vehicle traffic shall be watered, treated with dust-suppressant
chemicals, oiled, or paved and cleaned as necessary to achieve
maximum control of dust emissions.
(d) The cement weigh hopper shall be vented to its own fabric
filter or the central collection system specified in condition (f).
(e) 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 shall be vented to the central collection
system specified in condition (f).
(f) The dust emissions at the batch drop point (drum feed for
central mix plants) shall be controlled by a shroud or other pickup
device delivering a minimum of 4,000 actual cubic feet per minute
of air to a fabric filter with automatic air cleaning and a 7.0
ft/min maximum filtering velocity, or automatic sequenced
mechanical cleaning (not manually activated) and a 5.25 ft/min
maximum filtering velocity.
(g) 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 Section
116.10(a)(3) and (4) and (b), must be published and documentation
provided to the Texas Natural Resource Conservation Commission
(TNRCC). A temporarily located plant exempt from public notice may
provide concrete for the same contractor for project segments with
the same governmental entity, but may not produce concrete for
other unrelated projects or other governmental entities.
(h) Spillage of cement and fly ash used in the batch shall be
cleaned up immediately and contained or dampened so that dust
emissions from wind erosion and/or vehicle traffic are minimized.
(i) All open-bodied vehicles transporting material from a dry
batch plant to the paving mixer(s) shall be loaded with a final
layer of wet sand and/or the truck shall be covered with a tarp to
reduce the emissions of dust to the minimum level possible under
existing conditions.
(j) Before construction of the facility begins, written site
approval shall be received from the Executive Director of the
TNRCC, and the facility shall be registered with the TNRCC Office
of Air Quality in Austin using Form PI-7, including a current TNRCC
Table 20.
* A temporarily located concrete facility occupies a
designated site for not more than 180 consecutive days or supplies
concrete for a single public works project or for the same
contractor for related project segments, but not other unrelated
projects.
72. All animal racing facilities,
domestic animal shelters, zoos and their associated confinement
areas, stables, feeding areas, and waste collection and treatment
facilities. Incineration units are not authorized under this
standard exemption.
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