(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.
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