Section 117.1203 - Exemptions(a) Reasonably available control technology. Units exempted from the provisions of §§ 117.1205, 117.1215, and 117.1240 of this title (relating to Emission Specifications for Reasonably Available Control Technology (RACT); Alternative System-Wide Emission Specifications; and Continuous Demonstration of Compliance), except as specified in §117.1240(i) - (k) of this title, include the following: (1) any new units placed into service after November 15, 1992;(2) any utility boiler or auxiliary steam boiler with an annual heat input less than or equal to 2.2(1011) British thermal units per year; or(3) 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 average.(b) Emission specifications for attainment demonstration. Stationary gas turbines and engines that are used solely to power other engines or gas turbines during startups are exempt from the provisions of §§ 117.1210, 117.1220, and 117.1240 of this title (relating to Emission Specifications for Attainment Demonstration; System Cap; and Continuous Demonstration of Compliance), except as specified in § 117.1240(j) of this title.(c) Emergency fuel oil firing.(1) The fuel oil firing emission specifications of §§117.1205(c), 117.1210(a)(1)(B), 117.1215(b), and 117.1220 of this title do not apply during an emergency operating condition declared by the Electric Reliability Council of Texas or the Southeastern Electric Reliability Council, 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.30 Tex. Admin. Code § 117.1203
The provisions of this §117.1203 adopted to be effective June 14, 2007, 32 TexReg 3206