| (a) Facilities or sources that meet the conditions
of one or more of the paragraphs of this subsection are considered
by the commission to be de minimis, which means that registration
or authorization prior to construction is not required:
(1) categories of facilities or sources included on
the list entitled "De Minimis Facilities or Sources;"
(2) facilities or sources at a site which, in combination,
use the following materials at no more than the rate prescribed in
subparagraphs (A) - (F) of this paragraph:
(A) cleaning and stripping solvents, 50 gallons per
year;
(B) coatings (excluding plating materials), 100 gallons
per year;
(C) dyes, 1,000 pounds per year;
(D) bleaches, 1,000 gallons per year;
(E) fragrances (excluding odorants), 250 gallons per
year;
(F) water-based surfactants/detergents, 2,500 gallons
per year;
(3) facilities or sources located inside a building
at a site which meet the following sitewide emission rate caps based
on the July 19, 2000 Effects Screening Levels (ESL) list without the
addition of control devices, as defined in §101.1 of this title
(relating to Definitions).
Attached Graphic
(4) any individual facility, source, or group of facilities
or sources which the executive director determines to be de minimis
based upon:
(A) proximity to receptors;
(B) rate of emission of air contaminants;
(C) engineering judgment and experience; and
(D) determination that no adverse toxicological or
health effects would occur off property.
(b) De minimis facilities or sources at a site which
are subsequently determined by the executive director to be in violation
of any commission rule, permit, order, or statute within the commission's
jurisdiction, will no longer be considered de minimis and must obtain
registration or authorization under this chapter or Chapter 106 of
this title (relating to Permits by Rule).
(c) The "List of De Minimis Facilities or Sources"
will be maintained in the commission's Office of Permitting, Remediation,
and Registration in Austin, with copies maintained in the commission's
regional offices, and on the commission's home page on the World Wide
Web.
(1) Persons may petition the executive director to
amend the "List of De Minimis Facilities or Sources" or the executive
director may amend the list as necessary.
(2) When amending the list to add or delete categories
of facilities, sources, or groups of facilities or sources, the executive
director will consider, at a minimum, the following:
(A) typical operating scenarios;
(B) typical design and location;
(C) the types and rates of air contaminants emitted;
(D) engineering judgment and experience; and
(E) toxicological or health impacts.
(3) When amending the list to add or delete categories
of facilities, sources, or groups of facilities or sources, the executive
director will publish notice of the proposed amendment on the commission's
home page on the World Wide Web and will allow 30 days for comments.
If a category of facilities, sources, or groups of facilities or sources
is deleted from the list, the owner or operator will have 180 days
from the date of publication of the amended list on the commission's
home page on the World Wide Web to obtain, register, or apply for
authorization under this chapter or Chapter 106 of this title (relating
to Permits by Rule).
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