30 Tex. Admin. Code § 101.221 - Operational Requirements
(a) All pollution
emission capture equipment and abatement equipment must be maintained in good
working order and operated properly during facility operations. Emission
capture and abatement equipment must be considered to be in good working order
and operated properly when operated in a manner such that each facility is
operating within authorized emission limitations.
(b) Smoke generators and other devices used
for training inspectors in the evaluation of visible emissions at a training
school approved by the commission are not required to meet the allowable
emission levels set by the rules, but must be located and operated such that a
nuisance is not created at any time.
(c) Equipment, machines, devices, flues,
and/or contrivances built or installed to be used at a domestic residence for
domestic use are not required to meet the allowable emission levels set by the
rules unless specifically required by a particular rule.
(d) Sources emitting air contaminants that
cannot be controlled or reduced due to a lack of technological knowledge may be
exempt from the applicable rules when so determined and ordered by the
commission. The commission may specify limitations and conditions as to the
operation of such exempt sources. The commission will not exempt sources from
complying with any federal requirements, including New Source Performance
Standards (40 Code of Federal Regulations Part 60) and National Emission
Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Parts 61
and 63).
(e) The owner or operator
of a facility has the burden of proof to demonstrate that the applicable
criteria identified in § 101.222 (relating to Demonstrations) are
satisfied.
(f) This section does
not limit the commission's power to require corrective action as necessary to
minimize emissions, or to order any action indicated by the circumstances to
control a condition of air pollution.
Notes
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