The following stationary engines are exempt from this division (relating to East Texas Combustion), except as specified in §117.3345(b) of this title (relating to Recordkeeping and Reporting Requirements):
  (1) engines with a maximum rated horsepower (hp) capacity of less than 240 hp;
  (2) engines used in research and testing;
  (3) engines used for purposes of performance verification and testing;
  (4) engines used solely to power other engines or gas turbines during startups;
  (5) engines operated exclusively in emergency situations, except that operation for testing or maintenance purposes is allowed for up to 100 hours per year, based on a rolling 12-month average;
  (6) engines used in response to and during the existence of any officially declared disaster or state of emergency;
  (7) engines used directly and exclusively by the owner or operator for agricultural operations necessary for the growing of crops or raising of fowl or animals;
  (8) diesel engines;
  (9) dual-fuel engines; and
  (10) gas-fired lean-burn engines.

Source Note: The provisions of this §117.3303 adopted to be effective June 14, 2007, 32 TexReg 3206