The executive director, in consideration of a request from an affected party, may find that, except in El Paso County, a property or contiguous properties are exempt from the requirements of §112.3(a) of this title (relating to Net Ground Level Concentrations), if the new or modified emission source is constructed and operated on such property or properties under all the following conditions. (1) The construction and operation of the new or modified emission source meets all applicable federal new source performance standards and uses best available control technology, with consideration to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility. (2) The permit application contains a demonstration using appropriate diffusion modeling, as approved by the United States Environmental Protection Agency and the Texas Air Control Board Modeling Division, that the construction and
operation of the new or modified emission source does not cause or contribute to a condition such that either the primary or the secondary sulfur dioxide national ambient air quality standards are exceeded in the area. (3) Those sources proposed for an exempt property and those sources existing on an exempt property prior to the effective date of this section shall be in compliance with this section or with an area control plan obtained pursuant to §112.19 of this title (relating to Application for Area Control Plan).
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