- (a) The requirements of this subchapter apply to an emission unit at a site that is subject to this chapter provided the emission unit is subject to an emission limitation or standard in an applicable requirement except as noted in subsection (b) of this section.
(b) The requirements of this subchapter shall not apply to emission limitations or standards for which the executive director has determined that the applicable requirement has sufficient periodic monitoring (which may consist of recordkeeping). These emission limitation or standards include, but are not limited to, the following:
- (1) emission limitations or standards proposed by the EPA after November 15, 1990 under FCAA, §111 (Standards of Performance for New Stationary Sources) or §112 (Hazardous Air Pollutants);
- (2) emission limitations or standards under FCAA, Title IV (the Acid Rain Program);
- (3) emission limitations or standards for which an applicable requirement specifies a continuous compliance determination method, unless the applicable compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device (such as a surface coating line controlled by an incinerator for which continuous compliance is determined by calculating emissions on the basis of coating records and an assumed control device efficiency factor based on an initial performance test); and
- (4) other emission limitations or standards specified as exempt by the EPA.
Source Note:The provisions of this §122.602 adopted to be effective September 4, 2000, 25 TexReg 8688.