(a) This section is applicable to all processes in nonferrous smelters, including, but not limited to, roasters, smelting furnaces, converters, sintering machines, blast furnaces, fuming furnaces, retorts, slag treatment plants, and sulfuric acid plants.
(b) No person may cause, suffer, allow, or permit emissions of sulfur dioxide (SO[sub]2[/sub]) to the atmosphere from any process as specified in this section to exceed the applicable concentration of SO[sub]2[/sub] as follows.
Attached Graphic (c) Each stack or emission point in a primary smelter or secondary metal recovery facility shall have a standard effective stack height not less than that determined by the equation:
Attached Graphic (d) If a stack or emission point has an effective stack height less than the standard effective stack height as determined in subsection (c) of this section, the allowable concentration of SO[sub]2[/sub] must be reduced by multiplying it by the short-stack reduction factor.
(e) The owner or operator of a nonferrous smelter shall utilize best engineering techniques to capture and vent fugitive SO[sub]2[/sub] emissions through a stack or stacks. Such techniques shall include, but not be limited to, the following:
  (1) operating and maintaining all ducts, flues, and stacks in a leak-free condition;
  (2) operating and maintaining all process equipment and gas collection systems in such a fashion that leakage of SO[sub]2[/sub] gases will be prevented to the maximum extent possible;
  (3) collecting SO[sub]2[/sub] emissions through the tallest stack or stacks serving the facility, whenever possible, using gas collection systems and/or ducting.
(f) The owner or operator of any primary smelter subject to the provisions of this section shall install, calibrate, maintain, and operate a measurement system or systems approved by the executive director for continuously monitoring SO[sub]2[/sub] emissions in the effluent of each process subject to subsection (a) of this section. The executive director shall not require continuous monitoring for sources emitting less than 25 tons per year of SO[sub]2[/sub] into the atmosphere.

Source Note: The provisions of this §112.14 adopted to be effective October 23, 1992, 17 TexReg 7085.