Regulatory Text: 
§101.11.  Exemptions from Rules and Regulations.
 (Approved as Rule 12.)

(Section 101.11 approved by EPA as Rule 12 on 05/31/72 (37 FR 10895) at 52.2270(b) [indicated by “01" below] effective 05/31/72.)

01     (a)  Emissions occurring during major upsets may not be required to meet the allowable emission levels set by the Rules and Regulations upon proper notification as set forth in §101.6 of this title (relating to Notification Requirements for Major Upset), if a determination is made by the Executive Director after consultation with appropriate local agencies and with appropriate officials of the subject source that the upset conditions were unavoidable and that a shutdown or other corrective actions were taken as soon as practicable.

01     (b)  Emissions occurring during start-up or shut-down of processes or during periods of maintenance may not be required to meet the allowable emission levels set by the Rules and Regulations if so determined by the Executive Director upon proper notification as set forth in §101.7 of this title (relating to Notification Requirements for Maintenance).  The Executive Director may specify the amount, time, and duration of emissions that will be allowed during start-up and shutdown and during periods of maintenance.

01     (c)  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 and Regulations, but must be located and operated such that a nuisance is not created at any time. 

01     (d)  Equipment, machines, devices, flues, 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 and Regulations unless specifically required by a particular Regulation.

01     (e)  Sources emitting air contaminants which cannot be controlled or reduced due to a lack of technological knowledge may be exempt from the applicable Rules and Regulations when so determined and ordered by the Texas Natural Resource Conservation Commission.  The Commission may specify limitation and conditions as to the operation of such exempt sources.

01     (f)  No nuisance conditions shall be permitted to occur under these exemptions.

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