Temporary separators, tanks, meters, and fluid-handling equipment used for a period not to exceed 90 operating days are permitted by rule, provided that all the following conditions of this section are satisfied.
  (1) The purpose of the 90-day period is to test the content of a subsurface stratum believed to contain oil or gas and/or to establish the proper design of a permanent fluid-handling facility.
  (2) Any sour gas produced during this test period shall be burned in a smokeless flare which meets the requirements of conditions of §106.492(1)(C) and (2)(A) and (C) of this title (relating to Flares).
  (3) Total emissions of reduced sulfur compounds, excluding sulfur oxides, but including hydrogen sulfide, shall not exceed 4.0 pounds per hour and the emission point height of any vent of reduced sulfur compounds shall meet the requirements of §106.352(4) of this title (relating to Oil and Gas Production Facilities).
  (4) Operation of a facility authorized by this section beyond the 90-day period shall not be allowed unless such operation is authorized under exemption from permitting or is permitted under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification).

Source Note: The provisions of this §106.353 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653