Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter D - COMBUSTION CONTROL AT MINOR SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MINOR SOURCES › Section 117.2003 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This division
					 (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources)
					 does not apply to the following, except as specified in
					 §§117.2030(c), 117.2035(g), and 117.2045(b) and (c) of this title
					 (relating to Operating Requirements; Monitoring and Testing Requirements; and
					 Recordkeeping and Reporting Requirements):
(1)
					 boilers and process heaters with a maximum rated capacity of 2.0 million
					 British thermal units per hour (MMBtu/hr) or less;
(2) the following stationary engines:
(A) engines with a horsepower (hp) rating of
					 less than 50 hp;
(B) engines used
					 in research and testing;
(C)
					 engines used for purposes of performance verification and testing;
(D) engines used solely to power other
					 engines or gas turbines during startups;
(E) engines operated 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;
(F) engines used in
					 response to and during the existence of any officially declared disaster or
					 state of emergency;
(G) engines
					 used directly and exclusively by the owner or operator for agricultural
					 operations necessary for the growing of crops or raising of fowl or
					 animals;
(H) diesel engines placed
					 into service before October 1, 2001, that:
(i) operate less than 100 hours per year,
					 based on a rolling 12-month average; and
(ii) have not been modified, reconstructed,
					 or relocated on or after October 1, 2001. For the purposes of this clause, 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
(I) new, modified, reconstructed,
					 or relocated stationary diesel engines placed into service on or after October
					 1, 2001, that:
(i) operate less than 100
					 hours per year, based on a rolling 12-month average, in other than emergency
					 situations; and
(ii) meet 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 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
(3) stationary gas
					 turbines rated at less than 1.0 megawatt with initial start of operation on or
					 before October 1, 2001.