Texas Natural Resource Conservation Commission Interoffice Memorandum To: All NSR Program Staff and Air Program Regional Staff Date: June 1, 1994 Through: Jeff Saitas, P.E., NSR Program Manager From: Standard Exemption Team Subject: Artificial Limitations and Standard Exemptions in Nonattainment Areas Problem A: Rule 116.211 does not allow facilities operating under Standard Exemption to represent emissions based on artificial limitations, such as maximum anticipated throughput, but instead, requires emission calculations to be based on equipment capacity. Solution A: Facilities operating under Standard Exemption who wish to base their emission rates on an artificial limitation are encouraged to maintain a PI-8 on site to establish federally enforceable emission limitations below equipment capacity. When applying for, or requesting concurrence of , a Standard Exemption where emissions are based on an artificial limitations, the applicant should submit a complete PI-8 form (with attached documentation) along with any other required registration information. Problem B: Rule 116.211 designates maximum allowable emission levels for facilities operating under Standard Exemption. The allowable limit in nonattainment areas may be the same as the definition of a major source (25 tpy of NOx or VOC), especially in the Houston CMSA, automatically triggering nonattainment applicability review. The allowable limit also exceeds the netting trigger (5 tpy) at an existing major source. In addition, it should be noted that the PI-7 registration form is not an enforceable document with regard to emission levels below those established in Rule 116.211. Solution B: Facilities operating Standard Exemption in nonattainment areas should be encouraged to maintain a PI-8 on site to establish federally enforceable emission limitations below the major source definitions. When applying for, or requesting concurrence of, a Standard Exemption in a nonattainment area, the applicant should submit a complete PI-8 form (with attached documentation) along with other registration information to demonstrate the applicability of nonattainment review procedures.