The provisions of this division (relating to Utility Electric Generation in East and Central Texas), except as specified in §117.3040 and §117.3045 of this title (relating to Continuous Demonstration of Compliance; and Notification, Recordkeeping, and Reporting Requirements), do not apply to:
  (1) utility electric power boilers or stationary gas turbines if the annual heat input does not exceed 2.2 (1011 ) British thermal units per year, averaged over the three most recent calendar years;
  (2) stationary gas turbines and auxiliary steam boilers that are:
    (A) used solely to power other units during startups; or
    (B) demonstrated to operate no more than an average of 10% of the hours of the year, averaged over the three most recent calendar years, and no more than 20% of the hours in a single calendar year; and
  (3) each unit that generates electric energy primarily for internal use but that, averaged over the three most recent calendar years, sold less than one-third of its potential electrical output capacity to a utility power distribution system.

Source Note: The provisions of this §117.3003 adopted to be effective June 14, 2007, 32 TexReg 3206