SECTION 117.2003. Exemptions

(a) This division (relating to Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources) does not apply to the following, except as specified in §§117.2030(c), 117.2035(g), and 117.2045(b) and (c) of this title (relating to Operating Requirements; Monitoring and Testing Requirements; and Recordkeeping and Reporting Requirements):

(1) boilers and process heaters with a maximum rated capacity of 2.0 million British thermal units per hour (MMBtu/hr) or less;

(2) the following stationary engines:

(A) engines with a horsepower (hp) rating of less than 50 hp;

(B) engines used in research and testing;

(C) engines used for purposes of performance verification and testing;

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

(E) engines operated exclusively in emergency situations, except that operation for testing or maintenance purposes is allowed for up to 52 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 October 1, 2001, 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;

(F) engines used in response to and during the existence of any officially declared disaster or state of emergency;

(G) 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;

(H) diesel engines placed into service before October 1, 2001, that:

(i) operate less than 100 hours per year, based on a rolling 12-month average; and

(ii) have not been modified, reconstructed, or relocated on or after October 1, 2001. 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; and

(I) new, modified, reconstructed, or relocated stationary diesel engines placed into service on or after October 1, 2001, that:

(i) operate less than 100 hours per year, based on a rolling 12-month average, in other than emergency situations; and

(ii) 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

(3) stationary gas turbines rated at less than 1.0 megawatt with initial start of operation on or before October 1, 2001.

(b) At any stationary source of nitrogen oxides that is not subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program), the following are exempt from the requirements of this division, except for the totalizing fuel flow requirements of §117.2035(a) and (d) and §117.2045(a)(1) of this title:

(1) any boiler or process heater with a maximum rated capacity greater than 2.0 MMBtu/hr and less than 5.0 MMBtu/hr that has an annual heat input less than or equal to 1.8 (10⁹ ) British thermal units (Btu) per calendar year; and

(2) any boiler or process heater with a maximum rated capacity equal to or greater than 5.0 MMBtu/hr that has an annual heat input less than or equal to 9.0 (10⁹ ) Btu per calendar year.

Source Note: The provisions of this §117.2003 adopted to be effective June 14, 2007, 32 TexReg 3206