This division (relating to Dallas-Fort Worth Eight-Hour Ozone
Nonattainment Area Minor Sources) does not apply to the following
stationary engines, except as specified in §§117.2130(c),
117.2135(e), and 117.2145(b) and (c) of this title (relating to Operating
Requirements; Monitoring, Notification, and Testing Requirements;
and Recordkeeping and Reporting Requirements):
(1) engines with a horsepower (hp) rating of less than
50 hp;
(2) engines used in research and testing;
(3) engines used for purposes of performance verification
and testing;
(4) engines used solely to power other engines or gas
turbines during startups;
(5) engines operated exclusively in emergency situations,
except that operation for testing or maintenance purposes is allowed
for up to 100 hours per year, based on a rolling 12-month average.
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;
(6) engines used in response to and during the existence
of any officially declared disaster or state of emergency;
(7) engines used directly and exclusively by the owner
or operator for agricultural operations necessary for the growing
of crops or raising of fowl or animals;
(8) diesel engines placed into service before June
1, 2007, that:
(A) operate less than 100 hours per year, based on
a rolling 12-month average; and
(B) have not been modified, reconstructed, or relocated
on or after June 1, 2007. For the purposes of this clause, 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) new, modified, reconstructed, or relocated stationary
diesel engines placed into service on or after June 1, 2007, that:
(A) operate less than 100 hours per year, based on
a rolling 12-month average, in other than emergency situations; and
(B) meet 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 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; and
(10) new, modified, reconstructed, or relocated stationary
diesel engines placed into service on or after June 1, 2007, that:
(A) are used solely for product testing and personnel
training;
(B) operate less than 1,000 hours per year, on a rolling
12-month basis; and
(C) meet 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 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.
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