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You are here: Home / Permitting / Air Permits / PermitByRule / Historical Rules / old116 / 1195 November 1995 / Title 30 TAC 116.120 - 126, November 2, 1995

Title 30 TAC 116.120 - 126, November 2, 1995

Synopsis of specific exemptions from air permitting that were in effect on this date.

Subchapter B New Source Review Permits

§ 116.120 Applicability
§ 116.121 exemptions
§ 116.122 Contents of Compliance History
§ 116.123 Effective Dates
§ 116.124 Public Notice of Compliance History
§ 116.125 Preservation of Existing Rights and Procedures
§ 116.126 Voidance of Permit Applications

116.120 Applicability

Except as provided in § 116.121 of this title (relating to exemptions) as part of its construction permit review, or the review of an amendment, or renewal of an existing permit, the TNRCC shall compile the following information:

(1) for a new facility at an existing site or for an amendment or renewal of an existing permit, the compliance history for the existing site;

(2) for a new facility at a new site, compliance history on similar facilities, if any, owned or operated by the applicant in Texas. The TNRCC may require the applicant to indicate which facilities the applicant considers to be similar.

(b) For a facility at a new site, if the applicant does not own or operate a similar facility in Texas, the applicant shall provide the TNRCC with a compliance history for similar facilities owned or operated by the applicant in other states.

116.121 exemptions

The TNRCC shall not be required to compile a compliance history where the total increased actual emissions of any specific air contaminant (specific substance, e.g., benzene, arsenic, etc.) from the facility or site will be accompanied by greater than a 1.1 to 1 reduction of the same specific air contaminant (specific substance, e.g., benzene, arsenic, etc.) from the facility or site.

116.122 Contents of Compliance History

(a) The compliance history shall include a listing of all adjudicated decisions and compliance proceedings, as defined in § 116.11 of this title (relating to Compliance History Definitions), involving the facility that is the subject of the permit application.

(b) If the applicant has no compliance history in the United States, then the applicant shall provide the TNRCC with a compliance history for any similar facilities owned or operated by:

(1) a person who is presently an officer, director, or agent of the applicant;

(2) a parent corporation, subsidiary, or predecessor in interest of the applicant;

(3) one who owns 20% or more of the applicant, whether directly, as a shareholder, partner, beneficiary, or otherwise; or

(4) one who controls the applicant or has the ability to direct the conduct of the applicant.

(c) The compliance history shall include the following compliance events and associated information:

(1) for Texas facilities:

(A) criminal convictions known to the TNRCC and civil orders, judgments, and decrees identified by stating:

(i) the style of the case;

(ii) the tribunal issuing the conviction or judgment;

(iii) the docket number and the date of action; and

(iv) the general nature of the alleged violation;

(B) administrative enforcement orders identified by stating:

(i) the name or style of action;

(ii) the agency issuing the order;

(iii) the docket number and the date of the order; and

(iv) the general nature of the alleged violation;

(C) compliance proceedings identified by stating:

(i) the name or style of action;

(ii) the general nature of the alleged violation;

(2) for United States facilities outside Texas:

(A) criminal convictions and civil judgments identified by stating:

(i) the style of the case;

(ii) the tribunal issuing the conviction or judgment;

(iii) the docket number and date of action; and

(iv) the general nature of the alleged violation;

(B) administrative enforcement orders identified by stating:

(i) the name or style of action;

(ii) the agency issuing the order;

(iii) the docket number and the date of the order; and

(iv) the general nature of the alleged violation;

(C) for notices of violation issued by the U.S. EPA:

(i) the name of the action;

(ii) the EPA identification number and date of notice; and

(iii) the general nature of the alleged violation.

(d) In compiling the applicant's compliance history pursuant to subsection (c) of this section, the TNRCC shall not include violations of fugitive emission monitoring and recordkeeping requirements imposed either by § 101.20(1) and (2) of this title (relating to Compliance with Environmental Protection Agency Standards), or state implementation plan requirements applicable to major sources in nonattainment areas where:

(1) violations occurred after the effective date of this rule have been the subject of a TNRCC administrative enforcement action, and the commission classified those violations as not being subject to compliance history review; or

(2) violations occurring during five years preceding the effective date of this rule that have been the subject of TNRCC administrative enforcement action in which:

(A) the TNRCC did not classify those violations as either major seriousness or major impact for the purpose of administrative review; and

(B) the commission assessed a total administrative penalty of less than $20,000 for any of those violations.

(e) The TNRCC may request an analysis of the significance of any of the compliance events identified in the compliance history and their relevance to the facility that is the subject of the application. The TNRCC request shall list specific compliance events requiring such an analysis.

116.123 Effective Dates

(a) The requirements under this undesignated head (concerning Compliance History) apply only to applications filed on or after December 9, 1992. For applications filed before June 1, 1993, neither the TNRCC nor the applicant is required to include compliance events occurring before June 1, 1988. For applications filed on or after June 1, 1993, neither the TNRCC nor the applicant is required to include compliance events occurring more than five years prior to the date on which the application is filed.

116.124 Public Notice of Compliance History

When public notice is required pursuant to § 116.131 of this title (relating to Public Notification Requirements), the applicant shall include the following statement in the notice: "The facility's compliance file, if any exists, is available for public review in the regional office of the Texas Natural Resource Conservation Commission."

116.125 Preservation of Existing Rights and Procedures

Nothing in this subchapter (relating to New Source Review Permits) shall diminish the rights of any party in a contested case hearing to raise any issue authorized by Texas Health and Safety Code, § 382.0518(c), nor diminish the rights of any person to request and obtain compliance history information from the TNRCC. Nothing in this subchapter shall limit the authority of the commission to request and consider any other information that is relevant to the application under the law. Nothing in this subchapter shall create any right in third parties which did not exist before the effective date of this subchapter.

116.126 Voidance of Permit Applications

If an applicant does not submit compliance history information within 180 days, upon written request, the TNRCC will void the permit application. The applicant will also forfeit the fees associated with the permit application. A new permit application shall be required for further consideration by the TNRCC.


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