(a) For all persons in the Beaumont-Port Arthur, Bexar
County, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria
areas, the following exemptions apply. In cases where vent gas streams
emanating from multiple process locations are combined, compliance
with the exemptions of this section is determined after the combination
of the streams but prior to the combined stream entering a control
device, if present.
(1) A vent gas stream from a low-density polyethylene
plant is exempt from the requirements of §115.121(a)(1) of this
title (relating to Emission Specifications) if no more than 1.1 pounds
of ethylene per 1,000 pounds of product are emitted from all the vent
gas streams associated with the formation, handling, and storage of
solidified product.
(2) The following vent gas streams are exempt from
the requirements of §115.121(a)(1) of this title:
(A) a vent gas stream having a combined weight of volatile
organic compounds (VOC) equal to or less than 100 pounds in any continuous
24-hour period;
(B) a vent gas stream specified in §115.121(a)(1)
of this title with a concentration of VOC less than 612 parts per
million by volume (ppmv);
(C) a vent gas stream which is subject to §115.121(a)(2)
or (3) of this title; and
(D) a vent gas stream which qualifies for exemption
under paragraphs (3), (4)(B), (4)(C), (4)(D), (4)(E), or (5) of this
subsection.
(3) The following vent gas streams are exempt from
the requirements of §115.121(a)(2)(B) - (E) of this title:
(A) a vent gas stream having a combined weight of VOC
equal to or less than 100 pounds in any continuous 24-hour period;
(B) a vent gas stream from any air oxidation synthetic
organic chemical manufacturing process with a concentration of VOC
less than 612 ppmv; and
(C) a vent gas stream from any liquid phase polypropylene
manufacturing process, any liquid phase slurry high-density polyethylene
manufacturing process, and any continuous polystyrene manufacturing
process with a concentration of VOC less than 408 ppmv.
(4) For synthetic organic chemical manufacturing industry
(SOCMI) reactor processes and distillation operations, the following
exemptions apply.
(A) Any reactor process or distillation operation that
is designed and operated in a batch mode is exempt from the requirements
of §115.121(a)(2)(A) of this title. For the purposes of this
subparagraph, batch mode means any noncontinuous reactor process or
distillation operation which is not characterized by steady-state
conditions, and in which the addition of reactants does not occur
simultaneously with the removal of products.
(B) Any reactor process or distillation operation operating
in a process unit with a total design capacity of less than 1,100
tons per year, for all chemicals produced within that unit, is exempt
from the requirements of §115.121(a)(2)(A) of this title.
(C) Any reactor process or distillation operation vent
gas stream with a flow rate less than 0.388 standard cubic feet per
minute or a VOC concentration less than 500 ppmv is exempt from the
requirements of §115.121(a)(2)(A) of this title.
(D) Any distillation operation vent gas stream which
meets the requirements of 40 Code of Federal Regulations (CFR) §60.660(c)(4)
or §60.662(c) (concerning Subpart NNN--Standards of Performance
for VOC Emissions From SOCMI Distillation Operations, December 14,
2000) is exempt from the requirements of §115.121(a)(2)(A) of
this title.
(E) Any reactor process vent gas stream which meets
the requirements of 40 CFR §60.700(c)(2) or §60.702(c) (concerning
Subpart RRR--Standards of Performance for VOC Emissions From SOCMI
Reactor Processes, December 14, 2000) is exempt from the requirements
of §115.121(a)(2)(A) of this title.
(5) Bakeries are exempt from the requirements of §115.121(a)(3)
and §115.122(a)(3) of this title (relating to Emission Specifications
and Control Requirements) if the total weight of VOC emitted from
all bakery ovens on the property, when uncontrolled, is less than
25 tons per calendar year.
(6) A vent gas stream is exempt from this division
if all of the VOCs in the vent gas stream originate from a source(s)
for which another division within Chapter 115 (for example, Storage
of Volatile Organic Compounds) has established a control requirement(s),
emission specification(s), or exemption(s) which applies to that VOC
source category in that county.
(7) A combustion unit exhaust stream is exempt from
this division provided that the unit is not being used as a control
device for any vent gas stream which is subject to this division and
which originates from a non-combustion source.
(8) As an alternative to complying with the requirements
of this division (or, in the case of bakeries, as an alternative to
complying with the requirements of §115.121(a)(1) and §115.122(a)(1)
of this title) for a source that is addressed by a Chapter 115 contingency
rule (i.e., one in which Chapter 115 requirements are triggered for
that source by the commission publishing notification in the Texas Register that implementation of the
contingency rule is necessary), the owner or operator of that source
may instead choose to comply with the requirements of the contingency
rule as though the contingency rule already had been implemented for
that source. The owner or operator of each source choosing this option
shall submit written notification to the executive director and any
local air pollution control program with jurisdiction. When the executive
director and the local program (if any) receive such notification,
the source will then be considered subject to the contingency rule
as though the contingency rule already had been implemented for that
source.
(b) For all persons in Nueces and Victoria Counties,
the following exemptions apply. In cases where vent gas streams emanating
from multiple process locations are combined, compliance with the
exemptions of this subsection is determined after the combination
of the streams, but prior to the combined stream entering a control
device, if present.
(1) A vent gas stream from a low-density polyethylene
plant is exempt from the requirements of §115.121(b)(1) of this
title if no more than 1.1 pounds of ethylene per 1,000 pounds of product
are emitted from all the vent gas streams associated with the formation,
handling, and storage of the solidified product.
(2) The following vent gas streams are exempt from
the requirements of §115.121(b) of this title:
(A) a vent gas stream having a combined weight of the
VOC or classes of compounds specified in §115.121(b)(2) and (3)
of this title equal to or less than 100 pounds in any continuous 24-hour
period; and
(B) a vent gas stream with a concentration of the VOC
or classes of compounds specified in §115.121(b)(2) and (3) of
this title less than 30,000 ppmv.
(3) A vent gas stream is exempt from this division
if all of the VOCs in the vent gas stream originate from a source(s)
for which another division within Chapter 115 (for example, Storage
of Volatile Organic Compounds) has established a control requirement(s),
emission specification(s), or exemption(s) which applies to that VOC
source category in that county.
(4) A combustion unit exhaust stream is exempt from
this division provided that the unit is not being used as a control
device for any vent gas stream which is subject to this division and
which originates from a non-combustion source.
(c) For all persons in Aransas, Bexar, Calhoun, Matagorda,
San Patricio, and Travis Counties, the following exemptions apply.
In cases where vent gas streams emanating from multiple process locations
are combined, compliance with the exemptions of this subsection is
determined after the combination of the streams, but prior to the
combined stream entering a control device, if present. The provisions
of this subsection no longer apply for sources located in Bexar County
beginning January 1, 2025.
(1) The following vent gas streams are exempt from
the requirements of §115.121(c)(1) of this title:
(A) a vent gas stream from a low-density polyethylene
plant provided that no more than 1.1 pounds of ethylene per 1,000
pounds of product are emitted from all the vent gas streams associated
with the formation, handling, and storage of solidified product;
(B) a vent gas stream having a combined weight of the
VOC or classes of compounds specified in §115.121(c)(1)(B) -
(C) of this title equal to or less than 100 pounds in any continuous
24-hour period; and
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