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 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.103 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) General
					 exemptions. Units exempted from the provisions of this division (relating to
					 Beaumont-Port Arthur Ozone Nonattainment Area Major Sources), except as
					 specified in §§117.140(i), 117.145(f)(6), 117.150(c)(1), and
					 117.154(a)(5) of this title (relating to 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 §
												117.105(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;
(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);
(3) heat treating
					 furnaces and reheat furnaces;
(4)
					 flares, incinerators, pulping liquor recovery furnaces, sulfur recovery units,
					 sulfuric acid regeneration units, molten sulfur oxidation furnaces, and sulfur
					 plant reaction boilers;
(5) dryers,
					 kilns, or ovens used for drying, baking, cooking, calcining, and
					 vitrifying;
(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;
(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;
(8) stationary internal combustion engines
					 with a horsepower (hp) rating of less than 300 hp;
(9) any stationary diesel engine;
					 and
(10) any cogeneration boiler
					 that recovers waste heat from, or utilizes as a fuel source the tail gas from
					 one or more carbon black reactors.