Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 3 - HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.303 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) General
					 exemptions. Units exempted from the provisions of this division (relating to
					 Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources), except as
					 specified in §§117.310(f), 117.340(j), 117.345(f)(6) and (10),
					 117.350(c)(1), and 117.354(a)(5) of this title (relating to Emission
					 Specifications for Attainment Demonstration; Continuous Demonstration of
					 Compliance; Notification, Recordkeeping, and Reporting Requirements; Initial
					 Control Plan Procedures; and Final Control Plan Procedures for Attainment
					 Demonstration Emission Specifications), include the following:
(1) any new units placed into service after
					 November 15, 1992, except for new units that are qualified, at the option of
					 the owner or operator, as functionally identical replacement for existing units
					 under §
												117.305(a)(3)
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT)). Any emission credits resulting from the operation
					 of such replacement units are limited to the cumulative maximum rated capacity
					 of the units replaced. This exemption no longer applies after the appropriate
					 compliance date(s) for emission specifications for attainment demonstration
					 specified in §
												117.9020
					 of this title (relating to Compliance Schedule for Houston-Galveston-Brazoria
					 Ozone Nonattainment Area Major Sources);
(2) any industrial, commercial, or
					 institutional boiler or process heater with a maximum rated capacity of less
					 than 40 million British thermal units per hour (MMBtu/hr). This exemption no
					 longer applies after the appropriate compliance date(s) for emission
					 specifications for attainment demonstration specified in §
												117.9020
					 of this title;
(3) heat treating
					 furnaces and reheat furnaces. This exemption no longer applies to any heat
					 treating furnace or reheat furnace with a maximum rated capacity of 20 MMBtu/hr
					 or greater after the appropriate compliance date(s) for emission specifications
					 for attainment demonstration specified in §
												117.9020
					 of this title;
(4) flares,
					 incinerators, pulping liquor recovery furnaces, sulfur recovery units, sulfuric
					 acid regeneration units, molten sulfur oxidation furnaces, and sulfur plant
					 reaction boilers. This exemption no longer applies to the following units after
					 the appropriate compliance date(s) for emission specifications for attainment
					 demonstration specified in §
												117.9020
					 of this title:
(A) incinerators with a
					 maximum rated capacity of 40 MMBtu/hr or greater; and
(B) pulping liquor recovery
					 furnaces;
(5) dryers,
					 kilns, or ovens used for drying, baking, cooking, calcining, and vitrifying.
					 This exemption no longer applies to the following units after the appropriate
					 compliance date(s) for emission specifications for attainment demonstration
					 specified in §
												117.9020
					 of this title:
(A) magnesium chloride
					 fluidized bed dryers; and
(B) lime
					 kilns and lightweight aggregate kilns;
(6) stationary gas turbines and stationary
					 internal combustion engines, that are used as follows:
(A) in research and testing;
(B) for purposes of performance verification
					 and testing;
(C) solely to power
					 other engines or gas turbines during startups;
(D) exclusively in emergency situations,
					 except that operation for testing or maintenance purposes is allowed for up to
					 52 hours per year, based on a rolling 12-month average. Any new, modified,
					 reconstructed, or relocated stationary diesel engine placed into service on or
					 after October 1, 2001, is ineligible for this exemption. For the purposes of
					 this subparagraph, the terms "modification" and "reconstruction" have the
					 meanings defined in §
													116.10 of
					 this title (relating to General Definitions) and 40 Code of Federal Regulations
					 (CFR) §60.15 (December 16, 1975), respectively, and the term "relocated"
					 means to newly install at an account, as defined in §
													101.1 of
					 this title (relating to Definitions), a used engine from anywhere outside that
					 account;
(E) in response to and
					 during the existence of any officially declared disaster or state of
					 emergency;
(F) directly and
					 exclusively by the owner or operator for agricultural operations necessary for
					 the growing of crops or raising of fowl or animals; or
(G) as chemical processing gas
					 turbines;
(7) stationary
					 gas turbines with a megawatt (MW) rating of less than 1.0 MW. This exemption no
					 longer applies after the appropriate compliance date(s) for emission
					 specifications for attainment demonstration specified in §
												117.9020
					 of this title;
(8) stationary
					 internal combustion engines with a horsepower (hp) rating of less than 150 hp.
					 This exemption no longer applies after the appropriate compliance date(s) for
					 emission specifications for attainment demonstration specified in §
												117.9020
					 of this title;
(9) any boiler or
					 process heater with a maximum rated capacity of 2.0 MMBtu/hr or less;
(10) any stationary diesel engine placed into
					 service before October 1, 2001, that:
(A)
					 operates less than 100 hours per year, based on a rolling 12-month average;
					 and
(B) has not been modified,
					 reconstructed, or relocated on or after October 1, 2001. For the purposes of
					 this subparagraph, the terms "modification" and "reconstruction" have the
					 meanings defined in §
													116.10 of
					 this title and
					 40 CFR §60.15
					 (December 16, 1975), respectively, and the term "relocated" means to newly
					 install at an account, as defined in §
													101.1 of
					 this title, a used engine from anywhere outside that account; and
(11) any new, modified,
					 reconstructed, or relocated stationary diesel engine placed into service on or
					 after October 1, 2001, that:
(A) operates
					 less than 100 hours per year, based on a rolling 12-month average, in other
					 than emergency situations; and
(B)
					 meets the corresponding emission standard for non-road engines listed in
					 40
					 CFR §89.112(a), Table 1
					 (October 23, 1998) and in effect at the time of installation, modification,
					 reconstruction, or relocation. For the purposes of this paragraph, the terms
					 "modification" and "reconstruction" have the meanings defined in §
													116.10 of
					 this title and
					 40 CFR §60.15
					 (December 16, 1975), respectively, and the term "relocated" means to newly
					 install at an account, as defined in §
													101.1 of
					 this title, a used engine from anywhere outside that account.