SECTION 117.1303. Exemptions

(a) Emission specifications for attainment demonstrations. Units exempt from the provisions of §117.1310 and §117.1340 of this title (relating to Emission Specifications for Eight-Hour Attainment Demonstration; and Continuous Demonstration of Compliance), except as specified in §117.1340(i) or (j) of this title, include the following:

(1) any auxiliary steam boiler with an annual heat input less than or equal to 2.2(10¹¹ ) British thermal units per year; or

(2) stationary gas turbines and engines that are:

(A) used solely to power other engines or gas turbines during startups; or

(B) demonstrated to operate less than 850 hours per year, based on a rolling 12-month basis.

(b) Emergency fuel oil firing.

(1) The emissions specifications of §117.1310 of this title do not apply during an emergency operating condition declared by the Electric Reliability Council of Texas, or any other emergency operating condition that necessitates oil firing. All findings that emergency operating conditions exist are subject to the approval of the executive director.

(2) The owner or operator of an affected unit shall give the executive director and any local air pollution control agency having jurisdiction verbal notification as soon as possible but no later than 48 hours after declaration of the emergency. Verbal notification must identify the anticipated date and time oil firing will begin, duration of the emergency period, affected oil-fired equipment, and quantity of oil to be fired in each unit, and must be followed by written notification containing this information no later than five days after declaration of the emergency.

(3) The owner or operator of an affected unit shall give the executive director and any local air pollution control agency having jurisdiction final written notification as soon as possible but no later than two weeks after the termination of emergency fuel oil firing. Final written notification must identify the actual dates and times that oil firing began and ended, duration of the emergency period, affected oil-fired equipment, and quantity of oil fired in each unit.

Source Note: The provisions of this §117.1303 adopted to be effective June 14, 2007, 32 TexReg 3206; amended to be effective June 25, 2015, 40 TexReg 3965