Texas Natural Resource Conservation Commission Austin Texas From: Duncan Stewart, Permits Program To: Stephen D. Journeay, Legal Division Date: July 16, 1993 Subject: Special Exemption & 116.6(a)(2) now 116.211(a)(3) Union Pacific Resources operates a gas plant in Bryan. The original portion of the plant was built in 1981 under special exemption. Volatile organic compound (VOC) emissions from the original plant are thirty plus tons per year (TPY). A subsequent addition, twenty plus TPY, was made in 1991 after amendment of special exemptions was stopped by court action. The company claims standard exemption sixty-six applies to the subsequent addition. The TACB Region three office says no, that 116.6(a)(2) now 116.211(a)(3) is violated. A notice of violation has been written. The company implies that since the earlier emissions are under a special exemption, what they did in 1991 does pass the 116.6(a)(2), now 116.211(a)(3), test. The rule is "total actual emissions authorized under standard exemptions from the property...". Public notice has never been done. Total VOC emissions are well in excess of twenty-five TPY. Registration would be accepted if the company is right in their interpretation. Are they? cc: Sam Crowther, P.E., Chemical Section Manager Texas Air Control Board Austin Texas From: Stephen D. Journeay, Legal Division To: Duncan Stewart, Permits Date: July 19, 1993 Subject: Special Exemptions and Standard Exemptions Applicability of Rule 116.6(a)(2) now 116.211(a)(3) You have asked whether emissions authorized by special exemption are to be included in determining compliance with the emission limitations in Rule 116.6(a)(2), now 116.211(a)(3). Rule 116.6(a)(2) now 116.211(a)(3) provides that "total actual emissions authorized under standard exemptions" on the subject property may not exceed specified emission limits unless at least one facility on the property has been subject to the public notice requirements in Rule 116.10, now 116.131. The emission limitation for VOC's is twenty-five TPY and it is the only air contaminant within your request. Emissions authorized by standard exemption total 22.85 TPY of VOC including fugitive emissions. Emissions authorized by special exemption total 53.14 TPY of VOC including 47.80 TPY of VOC fugitive emissions. Standard exemptions are different and distinct from special exemptions. They were authorized under separate rules, had different requirements and have been treated differently by TACB. The emission limits in Rule 116.6(a)(2) now 116.211(a)(3) apply only to emissions authorized by standard exemption. Thus, since the 22.85 TPY of VOC emissions authorized by standard exemption are less than the 25 TPY limitation, compliance with Rule 116.6(a)(2) now 116.211(a)(3) has been demonstrated.