Section 117.103 - Exemptions(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.(b) RACT exemptions. Units exempted from § 117.105 of this title include the following:(1) any industrial, commercial, or institutional boiler or process heater with a maximum rated capacity less than 100 MMBtu/hr;(2) any low annual capacity factor boiler, process heater, stationary gas turbine, or stationary internal combustion engine as defined in § 117.10 of this title (relating to Definitions);(3) boilers and industrial furnaces that were regulated as existing facilities in 40 Code of Federal Regulations Part 266, Subpart H, as was in effect on June 9, 1993;(4) fluid catalytic cracking units (including carbon monoxide (CO) boilers, CO furnaces, and catalyst regenerator vents);(5) duct burners used in turbine exhaust ducts;(6) any stationary gas turbine with a MW rating less than 10.0 MW;(7) any new units placed into service after November 15, 1992, except for new units that were placed into service as functionally identical replacement for existing units subject to the provisions of this division as of June 9, 1993. Any emission credits resulting from the operation of such replacement units are limited to the cumulative maximum rated capacity of the units replaced;(8) stationary gas turbines and engines, that are demonstrated to operate less than 850 hours per year, based on a rolling 12-month average; and(9) stationary internal combustion engines with a hp rating of less than 300 hp.(c) Attainment demonstration exemptions. Units exempted from § 117.110 of this title (relating to Emission Specifications for Attainment Demonstration) include units exempted from emission specifications in subsection (b)(2) - (5) and (8) of this section.30 Tex. Admin. Code § 117.103
The provisions of this §117.103 adopted to be effective June 14, 2007, 32 TexReg 3206