Texas Natural Resource Conservation Commission Interoffice Memorandum To: All New Source Review (NSR) Staff From: Jeff Saitas, P.E., NSR Program Director Date: July 21, 1994 Subject: New Permit Face and Permit Conditions Recent statutory changes require that all permit conditions of general applicability be included in the regulations. Several general conditions, currently used in permits, have gone through rule-making in order to satisfy this requirement and have been incorporated into TNRCC Regulation VI section 116.115. A new permit face is provided as an attachment. The new permit face is needed because the previous permit face contains general conditions which were not provided for in the regulations. The new permit face replaces the previously used permit face and also incorporated previously used General Provisions one through six. Permits issued prior to August 16, 1994 will comply with the general provisions previously attached to the permit. Permits and permit amendments issued on and after August 16, 1994 will receive the new permit face. Permits issued after the above will no longer contain General and Special Provisions, but instead contain General Conditions on the permit face and Special Conditions as an attachment. A new permit face will be issued for each permit action. The word "provision" has been dropped in favor of the word "condition" to be more consistent with other language in the regulations. Fugitive monitoring programs and other provision previously placed in the General Provisions section of a permit, will now be in the Special Conditions section of the permit. If you have any questions, please contact Alan Pegues, Kim Young or Erik Hendrickson. Attachment Texas Natural Resource Conservation Commission Air Quality Permit A Permit Is Hereby Issued to Authorizing the Construction and Operation of to Be Located at 1. The facilities covered by this permit shall be constructed and operated as specified in the application for the permit. All representations regarding construction plans and operation procedures contained in the permit application shall be conditions upon which the permit is issued. Variations from these representations shall be unlawful unless the permit holder first makes application to the Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) to amend this permit in that regard and such amendment is approved. (30 TAC 116.116) 2. Voiding of permit. A permit or permit amendment is automatically void if the holder fails to begin construction within 18 months of date of issuance, discontinues construction for more than 18 consecutive months prior to completion, or fails to complete construction within a reasonable time. Upon request, the Executive Director may grant a onetime 18-month extension of the date to begin construction. (30 TAC 116.115(b)(1)). 3. Construction progress. Start of construction, construction interruptions exceeding 45 days and completion of construction shall be reported to the appropriate regional office of the Texas Natural Resource Conservation Commission (TNRCC or Commission) not later than 15 working days after occurrence of the event. (30 TAC 116.115(b)(2)). 4. Start-up notification. The appropriate Air Program regional office of the Commission shall be notified prior to the commencement of operations of the facilities authorized by the permit in such a manner that a representative of the TNRCC may be present. Phased construction, which may involve a series of units commencing operations at different times, shall provide separate notification for the commencement of operations for each unit. (30 TAC 116.115(b)(3)). 5. Sampling requirements. If sampling of stacks or process vents is required, the permit holder shall contact the TNRCC Office of Air Quality prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the Executive Director and coordinated with the regional representatives of the Commission. The permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant. (30 TAC 116.115(b)(4)). 6. Equivalency of methods. It shall be the responsibility of the permit holder to demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the Executive Director prior to their use in fulfilling any requirements of the permit. (30 TAC 116.115(b)(5)). 7. Recordkeeping. A copy of the permit along with information and data sufficient to demonstrate compliance with the permit shall be maintained in a file at the plant site and made available at the request of personnel from the TNRCC or any air pollution control program having jurisdiction. For facilities that normally operate unattended, this information shall be maintained at the nearest staffed location within Texas specified by the permit holder in the permit application. This information shall include, but is not limited to, production records and operating hours. Additional recordkeeping requirements may be specified in special conditions attached to the permit. Information in the file shall be retained for at least two years following the date that the information or data is obtained. (30 TAC 116.115(b)(6)). 8. Maximum allowable emission rates. The total emissions of air contaminants from any of the sources of emissions listed in the table entitled "Emission Sources - Maximum Allowable Emission Rates" shall not exceed the values stated on the table attached to the permit. (30 TAC 116.115(b)(7)). 9. Maintenance of emission control. The facilities covered by the permit shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. Notification for upsets and maintenance shall be made in accordance with 101.6 and 101.7 of this title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance). (30 TAC 116.115(b)(8)). 10. Compliance with rules. Acceptance of a permit by a permit applicant constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations, and orders of the Commission issued in conformity with the Texas Clean Air Act and the conditions precedent to the granting of the permit. If more than one state or federal rule or regulation or permit condition are applicable, then the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of Commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit. (30 TAC 116.115(b)(9)). 11. This permit may be appealed pursuant to Rule 103.81 of the Procedural Rules of the TNRCC and Section 382.032 of the TCAA. Failure to take such appeal constitutes acceptance by the applicant of all terms of the permit. (Tex. Gov't. Code Ann. 2001, et seq.) 12. This permit may not be transferred, assigned or conveyed by the holder except as provided by rule. (30 TAC 116.110(c)). 13. This permit expires 10 years from date of issuance unless renewed as provided in Section 382.055 of the TCAA unless a shorter time period is specified in the special conditions of this permit. 14. There may be additional special conditions attached to a permit upon issuance or modification of the permit. Such conditions in a permit may be more restrictive than the requirements of Title 30 of the Texas Administrative Code. (30 TAC 116.115(c)) 15. Emissions from this facility must not cause or contribute to a condition of 'air pollution' as defined in Section 382.003(3) of the Texas Clean Air Act (TCAA) or violate Section 382.085 of the TCAA. If the Executive Director determines that such a condition or violation occurs, the holder shall implement additional abatement measures as necessary to control or prevent the condition or violation. Permit ___________ Date__________ ___________________ Executive Director TNRCC