Facilities, or physical or operational changes to a facility, are exempt provided that all of the following conditions of this section are satisfied.

1. (1) This section shall not be used to authorize construction of or any change to a facility authorized in another section of this chapter (see §106.262(1) of this title (relating to Facilities (Emission and Distance Limitations) (Previously SE 118)).
2. (2) The facilities or changes shall be located at least 100 feet from any recreational area or residence or other structure not occupied or used solely by the owner or operator of the facilities or the owner of the property upon which the facilities are located.
3. (3) Total new or increased emissions, including fugitives, shall not exceed 6.0 pounds per hour (lb/hr) and ten tons per year of the following materials: acetylene, argon, butane, crude oil, refinery petroleum fractions (except for pyrolysis naphthas and pyrolysis gasoline) containing less than ten volume percent benzene, carbon monoxide, cyclohexane, cyclohexene, cyclopentane, ethyl acetate, ethanol, ethyl ether, ethylene, fluorocarbons Numbers 11, 12, 13, 14, 21, 22, 23, 113, 114, 115, and 116, helium, isohexane, isopropyl alcohol, methyl acetylene, methyl chloroform, methyl cyclohexane, neon, nonane, oxides of nitrogen, propane, propyl alcohol, propylene, propyl ether, sulfur dioxide, alumina, calcium carbonate, calcium silicate, cellulose fiber, cement dust, emery dust, glycerin mist, gypsum, iron oxide dust, kaolin, limestone, magnesite, marble, pentaerythritol, plaster of paris, silicon, silicon carbide, starch, sucrose, zinc stearate, or zinc oxide.
4. (4) Total new or increased emissions, including fugitives, shall not exceed 1.0 lb/hr of any chemical having a limit value (L) greater than 200 milligrams per cubic meter (mg/m[sup]3[/sup]) as listed and referenced in Table 262 of §106.262 of this title or of any other chemical not listed or referenced in Table 262. Emissions of a chemical with a limit value of less than 200 mg/m[sup]3[/sup] are not allowed under this section.
5. (5) For physical changes or modifications to existing facilities, there shall be no changes to or additions of any air pollution abatement equipment.
6. (6) Visible emissions, except uncombined water, to the atmosphere from any point or fugitive source shall not exceed 5.0% opacity in any five-minute period.
7. (7) For emission increases of five tons per year or greater, notification must be provided using Form PI-7-261 within ten days following the installation or modification of the facilities. The notification shall include a description of the project, calculations, data identifying specific chemical names, limit values, and a description of pollution control equipment, if any.

8. (8) For emission increases of less than five tons per year, notification must be provided using either:

   1. (A) Form PI-7-261 within ten days following the installation or modification of the facilities. The notification shall include a description of the project, calculations, data identifying specific chemical names, limit values, and a description of pollution control equipment, if any; or
   2. (B) Form PI-7-261(a) by March 31 of the following year summarizing all uses of this exemption in the previous calendar year. This annual notification shall include a description of the project, calculations, data identifying specific chemical names, limit values, and a description of pollution control equipment, if any.
9. (9) This exemption is effective January 1, 1999. The registration requirements in paragraphs (7) and (8) of this section begin January 1, 1999. Registration under paragraph (8)(B) of this section is due beginning March 31, 2000, for exemptions claimed in calendar year 1999.

Source Note:The provisions of this §106.261 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective December 24, 1998, 23 TexReg 12925.