Texas Natural Resource Conservation Commission Interoffice Memorandum To: Duncan Stewart, Chemical Section, New Source Review Permits Division Date: October 30, 1997 Through: David D. Duncan, Senior Attorney From: Terry G. Salem, Staff Attorney Subject: Standard Exemption Applicability Issue: A company is operating without a permit. The company could be eligible for a standard exemption if the company installs appropriate control technology. May the company register for the standard exemption and install the appropriate control technology in the future? When must an applicant satisfy criteria noted in a standard exemption in order to qualify for the standard exemption? Answer: A company's construction of a facility must meet the requirements of a permit or a standard exemption in place at the time of the construction. All exemption conditions must be met at the time operation begins, in order to qualify for the standard exemption. Therefore, the company may not register for the standard exemption and install the appropriate control technology in the future. The company must have installed all appropriate control technology and meet all other conditions of the standard exemption at the time of registration.