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Outdated Standard Exemptions 96, October 4, 1995

Outdated Title 30 TAC 116 Standard Exemptions organized by exemption number and date.

Standard Exemption List

Clicking on a highlighted number below links you to the standard exemption.

90 | 91 | 92 | 93 | 94 | 95 | 96 | 97

90. Pathological waste* incinerators which meet the following:

(a) Design requirements:

(1) The manufacturer's rated capacity (burn rate) for pathological waste shall be 200 pounds per hour or less;

(2) The incinerator shall be a dual-chamber design;

(3) Burners shall be located in each chamber, sized to manufacturer's specifications, and automatically operated when the unit is charged with waste;

(4) Excluding crematories, the secondary chamber must be designed to maintain a temperature of 1,600 degrees Fahrenheit or more with a gas residence time of 1/2 second or more; and

(5) There shall be no obstructions to stack flow, such as by rain caps, unless such devices are designed to automatically open when the incinerator is operated. Properly installed and maintained spark arrestors are not considered obstructions.

(b) Operational conditions:

(1) Before construction begins, the facility shall be registered with the Texas Natural Resource Conservation Commission Office of Air Quality in Austin using Form PI-7;

(2) Manufacturer's recommended operating instructions shall be posted at the unit and the unit shall be operated in accordance with these instructions;

(3) The opacity of emissions from the incinerator shall not exceed 5.0% averaged over a five-minute period;

(4) Heat shall be provided by the combustion of sweet natural gas, liquid petroleum gas, or Number 2 fuel oil with less than 0.5% sulfur by weight, or by electric power;

(5) This facility, except crematories, shall be used solely for the disposal of pathological waste generated on-site. Incinerators used in the processing or recovery of materials, or in the commercial disposal of wastes not generated on-site, are not covered by this standard exemption. Heat recovery, where no auxiliary fuel is burned, is allowed by this exemption; and

(6) Incinerators installed and operated in accordance with the conditions of this standard exemption shall not be used to dispose of any hospital waste, other than pathological waste as defined in this standard exemption.

* Pathological waste shall be defined only as carcasses, gauze dressings, blood, body fluids, tissue, human and/or animal remains, and the associated wood, cardboard, paper, or non-chlorinated plastic waste containers.

91. All bulk mineral product (except asbestos) handling facilities that operate in compliance with the following conditions:

(a) All material shall be transported in a closed conveying system and all exhaust air to the atmosphere shall be vented through a fabric filter having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning.

(b) All permanent in-plant roads and vehicle work areas shall be watered, treated with dust-suppressant chemicals, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions.

(c) The facility (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the facility is located.

(d) Before construction begins, written site approval must be received from the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) and the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7.

92. All oil well servicing bulk sand handling facilities that operate according to the following conditions:

(a) All sand shall be prewashed.

(b) All handling of sand shall be mechanical or, if conveyed pneumatically, the conveying air shall be vented to the atmosphere through a fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with air cleaning.

(c) All permanent in-plant roads and vehicle work areas shall be watered, treated with dust-suppressant chemicals, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions.

(d) The facility (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the facility is located.

(e) Before construction begins, the owner or operator shall file with the Texas Natural Resource Conservation Commission Office of Air Quality in Austin a completed Form PI-7 and supporting documentation demonstrating that all of the requirements of the exemption will be met.

93. Any temporarily located concrete facility* that accomplishes wet batching, dry batching, or central mixing and operates according to the following conditions:

(a) All bulk storage silos, including auxiliary bulk storage trailers (pigs), shall be equipped with fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning or are vented to the central collection system specified in condition (f).

(b) The cement weigh hopper shall be vented to a control device which eliminates visible emissions or vented inside the charging hopper of the transit mix truck if controlled by a suction shroud.

(c) A visible and/or audible warning mechanism shall be installed on each silo or auxiliary bulk storage trailer to warn operators that the silo or trailer (pig) is full.

(d) All in-plant roads (batch truck and material delivery truck roads) and areas between stockpiles and conveyor hoppers shall be watered, treated with dust-suppressant chemicals, oiled, or paved with a cohesive hard surface that can be repeatedly swept, washed, and maintained intact and cleaned as necessary to achieve maximum control of dust emissions.

(e) All stockpiles shall be sprinkled with water and/or dust-suppressant chemicals as necessary to achieve maximum control of dust emissions. An operable stockpile watering system shall be on-site at all times.

(f) Loading of rotary mix trucks at wet batch plants shall be through a discharge spout equipped with a water fog ring having low-velocity fog nozzles spaced to create a continuous fog curtain that controls dust emissions, or through a suction shroud which is vented to a central collection system with a minimum of 4,000 actual cubic feet per minute (acfm) of air to a fabric filter with air cleaning and a 7.0 ft/min maximum filtering velocity or automatic sequenced mechanical cleaning and a 5.25 ft/min maximum filtering velocity.

(g) Dust emissions from the loading of open-bodied trucks at the batch drop point of dry batch plants, or dust emissions from the drum feed for central mix plants shall be controlled by a suction shroud which is vented to a central collection system with a minimum of 4,000 acfm of air to a fabric filter with air cleaning and a 7.0 ft/min maximum filtering velocity or automatic sequenced mechanical cleaning (not manually activated) and a 5.25 ft/min maximum filtering velocity. Suction shrouds at dry batch plants shall be used for closure over the receiving vehicle compartment or bed.

(h) Spillage of cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened so that dust emissions from wind erosion and/or vehicle traffic are minimized.

(i) The facility (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete when the facility is located on or contiguous to the project.

(j) Unless the facility is to be located temporarily in or contiguous to the right-of-way of a public works project, public notice and opportunity for public hearing, as specified in 30 TAC Section 116.10(a)(3) and (4) and (b), must be published and documentation provided to the Texas Natural Resource Conservation Commission (TNRCC). The temporarily located plant exempt from public notice may provide concrete for the same contractor for project segments with the same governmental entity, but may not produce concrete for other unrelated projects or other governmental entities.

(k) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer(s) shall be loaded with a final layer of wet sand and/or the truck shall be covered with a tarp to reduce the emissions of dust to the minimum level possible under existing conditions.

(l) Before construction of the facility begins, written site approval shall be received from the Executive Director of the TNRCC and the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7, including a current TNRCC Table 20. The current Table 20 shall be on file at each plant site.

(m) The appropriate regional office and local air pollution agency shall be notified when the plant changes location and prior to starting operations at each plant site.

* A temporarily located concrete facility occupies a designated site for not more than 180 consecutive days or supplies concrete for a single public works project or for the same contractor for related project segments, but not other unrelated projects.

94. Any soil stabilization facility that operates according to the following conditions:

(a) All bulk storage silos shall be equipped with fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning.

(b) All conveyor belts transferring dry material to the pug mill shall be top covered.

(c) The pug mill used to mix the materials shall be covered.

(d) All permanent in-plant roads and vehicle work areas shall be watered, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions.

(e) An audible and/or visible mechanism shall be installed on the storage silo(s) to notify operators that the silo is full.

(f) All stockpiles shall be sprinkled with water and/or chemicals as necessary to achieve maximum control of dust emissions.

(g) When emulsified asphalt is used as the stabilizing admixture, the emulsified asphalt shall be stored in a container used exclusively for emulsified asphalt storage. Transfer of emulsified asphalt from the storage tank to the pug mill shall be accomplished by means of a pump and metering device.

(h) Before construction of the facility begins, written site approval shall be received from the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC), and the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7.

(i) The facility shall be located at least 300 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to process stabilized soil when the facility is located on or contiguous to the project.

95. Uranium in-situ solution recovery facility producing yellowcake, provided that the facility operates according to the following conditions:

(a) The facility is located at least 1/4 mile from any recreational area or residence or other structure not occupied or used solely by the owner of the facility or the owner of the property upon which the facility is located.

(b) The facility shall have no emissions other than: (a) ammonia which shall not exceed an emission rate of 2.0 pounds per hour (lb/hr), and (b) particulate dust from yellowcake drying not to exceed 0.1 lb/hr.

(c) The facility shall have no visible particulate emissions from any part of the process.

(d) Before construction begins, the facility shall be registered with the Texas Natural Resource Conservation Commission Office of Air Quality in Austin using Form PI-7.

96. Dry hearth reverberatory type holding chamber aluminum or copper metal reclamation/sweat furnaces in which no fluxing, degassing, or refining is conducted, which operate according to the following conditions and limitations:

(a) Scrap metal charges shall consist primarily of copper or aluminum metal. Operation of the furnace for reclamation or lead, tin, zinc, or magnesium metals is prohibited.

(b) The maximum furnace charging rate shall be 2,000 pounds per hour or less.

(c) The furnace charge door shall remain closed except during charging and furnace cleaning operations.

(d) The furnace shall be equipped with an afterburner which will provide a minimum retention time of 0.1 second at a minimum temperature of 1,300 degrees Fahrenheit for all furnace exhaust gases.

(e) The incineration of any insulated wire or cable containing chlorine compounds in the insulation, such as polyvinyl chloride insulation, is expressly prohibited.

(f) The owner or operator of the furnace shall initiate and maintain a program of furnace operator training in the recognition of chlorine-bearing wire or cable insulation and shall demonstrate, upon request by the Executive Director, acceptable proficiency in the recognition of chlorine-bearing wire or cable insulation such as polyvinyl chloride insulation.

(g) Fuel for the furnace shall be sweet natural gas as defined in 30 TAC Chapter 101 as adopted by the Texas Natural Resource Conservation Commission (TNRCC) or liquid petroleum gas, diesel, or Number 2 fuel oil.

(h) Before construction begins, the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7.

97. Any trench burner that operates according to the following conditions:

(a) The trench burner shall be operated at least 300 feet from any recreational area, residence, or other structure not occupied or used solely by the owner of the trench burner or the owner of the property upon which the trench burner is located.

(b) The trench shall be opened in undisturbed soil not previously excavated, built up, compacted, or used in any type of landfill operation.

(c) The trench shall be no wider than 12 feet with a minimum depth of 10 feet. The maximum length of the burning area as measured along the bottom of the trench shall not exceed by more than five feet the length of the manifold. The walls of the trench must be maintained such that they remain vertical.

(d) Operation of this trench burner is limited to the hours between 8:00 a.m. and 6:00 p.m., and is limited to a total of eight hours per day and l,000 hours per year. A written record or log of the hours of operation of this trench burner shall be maintained at the site and made available at the request of personnel from the Texas Natural Resource Conservation Commission (TNRCC) or any local air pollution control program having jurisdiction. This record or log shall be organized such that the compliance status of this special condition can be readily determined.

(e) Material shall not be added to the trench such that the material will not be consumed by 6:00 p.m.

(f) The blower shall remain on until all material is consumed so that any remaining material in the trench will not smoke when the blower is turned off.

(g) This trench burner shall not be operated when an air stagnation advisory is in effect for the area in which the trench burner is located.

(h) Opacity of emissions from the trench and from operation of the blower shall not exceed 20% averaged over a five-minute period, except for a start-up period which shall not exceed 20 minutes. Opacity shall be measured as outlined in Chapter 13, "Visible Emissions Evaluation," of the TNRCC Sampling Procedures Manual, as published in January 1983, and as subsequently revised.

(i) Material to be burned in the trench is limited to not more than 7.0 ton per hour of trees, brush, and untreated lumber. Material not being worked and material being stockpiled to be burned at a later date must be kept at least 75 feet from the trench.

(j) Material shall not be added to the trench in such a manner as to be stacked above the air curtain at any time.

(k) The ash generated by this operation shall be removed from the trench as necessary in order to maintain the minimum trench depth of 10 feet. The ash shall be removed in such a manner as to minimize the ash becoming airborne. All material removed from the trench must be completely extinguished before being landfilled or placed in contact with combustible material to prevent combustion outside of the trench or in the landfill.

(l) A copy of this exemption shall be kept at the burn site and made available at the request of personnel from the TNRCC or any local air pollution control program having jurisdiction.

(m) Operating instructions shall be posted at the burn site and all operators shall read and have knowledge of these instructions. The operating instructions shall be made available at the request of personnel from the TNRCC or any local air pollution control program having jurisdiction.

(n) An operator shall remain with the trench burner at all times when it is operating.

(o) Upon notification by a representative of the TNRCC or any local air pollution control program having jurisdiction that the trench burner is not complying with the conditions of this exemption, no additional material shall be added to the trench until compliance with such conditions has been effected.

(p) The Texas Department of Health (TDH) shall be notified by the owner or operator of the trench burner prior to use of the trench burner at a TDH permitted landfill.

(q) Upon removal of the trench burner from the burn site, the trench shall be completely filled with uncombustible material.

(r) Before operation of the facility begins at any site, written site approval shall be received from the Executive Director of the TNRCC and any local air pollution control program having jurisdiction in the area and the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7.


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