Section 117.403 - Exemptions(a) Units located in Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant County exempted from the provisions of this division, except as specified in §§117.410(f), 117.440(i), 117.445(f)(4) and (9), 117.450, and 117.454 of this title (relating to Emission Specifications for Eight-Hour 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) industrial, commercial, or institutional boilers or process heaters with a maximum rated capacity equal to or less than: (A) 2.0 million British thermal units per hour (MMBtu/hr) for boilers; and(B) 5.0 MMBtu/hr for process heaters;(2) heat treating furnaces and reheat furnaces with a maximum rated capacity less than 20 MMBtu/hr;(3) flares, incinerators with a maximum rated capacity less than 40 MMBtu/hr, pulping liquor recovery furnaces, sulfur recovery units, sulfuric acid regeneration units, molten sulfur oxidation furnaces, and sulfur plant reaction boilers;(4) dryers, heaters, or ovens with a maximum rated capacity of 5.0 MMBtu/hr or less;(5) any dryers, heaters, or ovens fired on fuels other than natural gas. This exemption does not apply to gas-fired curing ovens used for the production of mineral wool-type or textile-type fiberglass;(6) any glass, fiberglass, and mineral wool melting furnaces with a maximum rated capacity of 2.0 MMBtu/hr or less;(7) stationary gas turbines and stationary internal combustion engines, that are used as follows:(A) in research and testing of the unit;(B) for purposes of performance verification and testing of the unit;(C) solely to power other engines or gas turbines during startups;(D) exclusively in emergency situations, except that operation for testing or maintenance purposes of the gas turbine or engine is allowed for up to 100 hours per year, based on a rolling 12-month basis. Any new, modified, reconstructed, or relocated stationary diesel engine placed into service on or after June 1, 2007, 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;(8) any stationary diesel engine placed into service before June 1, 2007, that: (A) operates less than 100 hours per year, based on a rolling 12-month basis; and(B) has not been modified, reconstructed, or relocated on or after June 1, 2007. 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;(9) any new, modified, reconstructed, or relocated stationary diesel engine placed into service on or after June 1, 2007, that: (A) operates less than 100 hours per year, based on a rolling 12-month basis, 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;(10) boilers and industrial furnaces that were regulated as existing facilities by 40 CFR Part 266, Subpart H, as was in effect on June 9, 1993;(11) brick or ceramic kilns with a maximum rated capacity less than 5.0 MMBtu/hr;(12) low-temperature drying and curing ovens used in mineral wool-type fiberglass manufacturing and wet-laid, non-woven fiber mat manufacturing in which nitrogen-containing resins, or other additives are used;(13) stationary, gas-fired, reciprocating internal combustion engines with a horsepower (hp) rating less than 50 hp;(14) electric arc melting furnaces used in steel production;(15) forming ovens and forming processes used in mineral wool-type fiberglass manufacturing; and(16) natural gas-fired heaters used exclusively for providing comfort heat to areas designed for human occupancy.(b) Units located in Wise County exempted from the provisions of this division, except as specified in §§117.440(i), 117.445(f)(4), 117.450, and 117.452 of this title (relating to Final Control Plan Procedures for Reasonably Available Control Technology), include the following: (1) industrial, commercial, or institutional process heaters with a maximum rated capacity less than 40 MMBtu/hr;(2) stationary gas turbines and stationary internal combustion engines that are used as follows: (A) in research and testing of the unit;(B) for purposes of performance verification and testing of the unit;(C) solely to power other engines or gas turbines during startups;(D) exclusively in emergency situations, except that operation for testing or maintenance purposes of the gas turbine or engine is allowed for up to 100 hours per year, based on a rolling 12-month basis; and(E) in response to and during the existence of any officially declared disaster or state of emergency;(3) stationary, diesel, reciprocating internal combustion engines;(4) stationary, dual-fuel, reciprocating internal combustion engines; and(5) stationary, gas-fired, reciprocating internal combustion engines with a hp rating less than 50 hp.(c) The emission specifications in § 117.410(a)(1) and (c) of this title do not apply to gas-fired boilers during periods that the owner or operator is required to fire fuel oil on an emergency basis due to natural gas curtailment or other emergency, provided: (1) the fuel oil firing occurs during the months of November, December, January, or February; and(2) the fuel oil firing does not exceed a total of 72 hours in any calendar month specified in paragraph (1) of this subsection.30 Tex. Admin. Code § 117.403
The provisions of this §117.403 adopted to be effective June 14, 2007, 32 TexReg 3206; amended to be effective February 4, 2010, 35 TexReg 649; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3984, eff. 6/25/2015; Amended by Texas Register, Volume 45, Number 12, March 20, 2020, TexReg 2021, eff. 3/26/2020