A facility which replaces an existing facility is permitted by rule provided that the following conditions of this section are satisfied:
  (1) the replacement facility functions in the same or similar manner as the facility to be replaced;
  (2) the emissions from the replacement facility are not more than nor have different characteristics than those from the facility to be replaced;
  (3) the emissions from the replacement facility will not exceed 25 tons per year of any air contaminant;
  (4) the physical location of the replacement facility is the same or immediately adjacent to the facility being replaced;
  (5) there will be no increase in capacity, production rate, or throughput as a result of the replacement;
  (6) notwithstanding the provisions of paragraph (3) of this section, the emissions from the replacement facility will not contain any compounds (other than carbon monoxide, nitrogen oxide, or sulfur dioxide) listed or proposed to be listed as hazardous constituents in 40 Code of Federal Regulations 261, Appendix VIII;
  (7) notification of the replacement is provided to the executive director within ten days following installation of the replacement facility.

Source Note: The provisions of this §106.264 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653