Texas SIP: 30 TAC 111.181-111.183: Exemptions for Portable or Transient Operations

Regulatory Text: 
Texas Commission on Environmental Quality

Chapter 111 - Control of Air Emissions from Visible Emissions and Particulate Matter

Subchapter A : Visible Emissions and Particulate Matter

DIVISION 7 : EXEMPTIONS FOR PORTABLE OR TRANSIENT OPERATIONS
Undesignated heading EXEMPTIONS FOR PORTABLE OR TRANSIENT OPERATIONS adopted by TACB June 16, 1989 effective July 18, 1989 (1-07), Regulations.gov document EPA-R06-OAR-2005-TX-0028-0002 [TX034-02]; moved to new Subchapter A adopted by TNRCC August 21, 1996 effective September 16, 1996 (1-17) [Regulations.gov document EPA-R06-OAR-2005-TX-0028-0004 [TX034-04]]; and redesignated Subchapter A, Division 7, adopted by TNRCC May 17, 2000 effective June 11, 2000 (1-18).

Approved by EPA April 28, 2009 (74 FR 19144) effective May 28, 2009 (TXd103), Regulations.gov docket EPA-R06-OAR-2005-TX-0028 [TX034].
NOTE:  The revisions adopted by TNRCC May 17, 2000 (1-18) were never submitted to EPA as a SIP revision. In this Federal Register action, EPA approved only the new Division designations in order to be consistent with the current Texas Chapter 111 designations.

Outline:
§111.181.  Exemption Policy. 1-07, TXd103
§111.183.  Requirements for Exemption. 1-07, TXd103


§111.181.  Exemption Policy.
1-07: As adopted by TACB June 16, 1989 effective July 18, 1989 (1-07).
Approved by EPA April 28, 2009 (74 FR 19144) effective May 28, 2009 (TXd103).

      All portable facilities and transient operations, such as portable rock crushers but excluding portable hot-mix asphaltic concrete facilities, engaged in public work projects in any county except Dallas, El Paso, or Harris are exempt from the requirements of §111.111 of this title (relating to Requirements for Specified Sources), §111.113 of this title (relating to Alternate Opacity Limitations), §111.151 of this title (relating to Allowable Emissions Limits), §111.153 of this title (relating to Emissions Limits for Steam Generators), and §111.155 of this title (relating to Ground Level Concentrations) if the conditions of §111.183 of this title (relating to Requirements for Exemption), are met.

Adopted June 16, 1989, Effective July 18, 1989 (1-07).
***end tx 111.181***1-07***EPA-R06-OAR-2005-TX-0028***TX034***TXd103***m7d***


§111.183.  Requirements for Exemption.
1-07: As adopted by TACB June 16, 1989 effective July 18, 1989 (1-07).
Approved by EPA April 28, 2009 (74 FR 19144) effective May 28, 2009 (TXd103).

      (a)  The facility shall be located at least one mile outside the nearest corporate limits of any city or town.

      (b)  The facility shall be located at least one mile from any recreational area or any occupied building other than that located on the same property as the facility.

      (c)  The facility shall be equipped with cyclones, or wet scrubbers, or water sprays at the material transfer points open to the atmosphere, or other equipment or systems approved by the executive director, properly installed, in good working order, and in operation.

      (d)  The facility shall not operate on the same property for a period of more than six months. 

      (e)  The emissions from the facility shall not create a nuisance.