Title 30 TAC 116.116 - 118, December 10, 1998
Subchapter B New Source Review Permits§ 116.116 Changes to Facilities
§ 116.117 Documentation and Notification of Changes to Qualified Facilities
§ 116.118 Pre-change Qualification
(a) Representations and conditions. The following are the conditions upon which a permit, special permit, or special exemption are issued:
(1) representations with regard to construction plans and operation procedures in an application for a permit, special permit, or special exemption; and
(2) any general and special conditions attached to the permit, special permit, or special exemption itself.
(b) Permit amendments.
(1) Except as provided in subsection (e) of this section, the permit holder shall not vary from any representation or permit condition without obtaining a permit amendment if the change will cause:
(A) a change in the method of control of emissions;
(B) a change in the character of the emissions; or
(C) an increase in the emission rate of any air contaminant.
(2) Any person who requests permit amendments must receive prior approval by the executive director or the commission. Applications must be submitted with a completed Form PI-1 and are subject to the requirements of § 116.111 of this title (relating to General Application).
<(3) Any person who applies for an amendment to a permit to construct or reconstruct an affected source (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) under Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, § 112(g), 40 CFR Part 63)) shall comply with the provisions in § § 116.130-116.134, 116.136, and 116.137 of this title (relating to Public Notification and Comment Procedures).
(c) Permit alteration.
(1) A permit alteration is:
(A) a decrease in allowable emissions; or
(B) any change from a representation in an application, general condition, or special condition in a permit that does not cause:
(i) a change in the method of control of emissions;
(ii) a change in the character of emissions; or
(iii) an increase in the emission rate of any air contaminant.
(2) Requests for permit alterations that must receive prior approval by the executive director are those that:
(A) result in an increase in off-property concentrations of air contaminants;
(B) involve a change in permit conditions; or
(C) affect facility or control equipment performance.
(3) The executive director shall be notified in writing of all other permit alterations not specified in paragraph (2) of this subsection.
(4) A request for permit alteration shall include information sufficient to demonstrate that the change does not interfere with the owner or operator's previous demonstrations of compliance with the requirements of § 116.111(3) of this title.
(5) Permit alterations are not subject to the requirements § 116.111(3) of this title.
(d) exemption under Chapter 106 of this title (relating to exemptions from Permitting) in lieu of permit amendment or alteration.
(1) A permit amendment or alteration is not required if the changes to the permitted facility qualify for an exemption under Chapter 106 of this title unless prohibited by permit condition as provided in § 116.115 of this title (relating to General and Special Conditions).
(2) All exempted changes to a permitted facility shall be incorporated into that facility's permit when the permit is amended or renewed.
(e) Changes to qualified facilities.
(1) Notwithstanding any other subsection of this section, a physical or operational change may be made to a qualified facility if it can be determined that the change does not result in:
(A) a net increase in allowable emissions of any air contaminant; and
(B) the emission of any air contaminant not previously emitted.
(2) In making the determination in paragraph (1) of this subsection, the effect on emissions of the following shall be considered:
(A) any air pollution control method applied to the qualified facility;
(B) any decreases in allowable emissions from other qualified facilities at the same commission air quality account number that have received a preconstruction permit or permit amendment no earlier than 120 months before the change will occur; and
(C) any decrease in actual emissions from other qualified facilities at the same commission air quality account number that are not included in subparagraph (B) of this paragraph.
(3) The determination in paragraph (1) of this subsection shall be based on the allowable emissions for air contaminant categories and any allowable emissions for individual compounds. If a physical or operational change would result in emissions of a air contaminant category or compound above the allowable emissions for that air contaminant category or compound, the amount above the allowable emissions must be offset by an equivalent decrease in emissions at the same facility or a different facility. In making this offset, the following applies.
(A) The offset shall be based on the same time periods (e.g., hourly and annual rates) as the allowable emissions for the facility at which the change will occur.
(B) Emissions of different compounds within the same air contaminant category may be interchanged.
(C) For allowable emissions for individual compounds, any interchange shall adjust the emission rates for the different compounds in accordance with the ratio of the effects screening levels of the compounds.
(D) For allowable emissions for air contaminant categories, interchanges shall use the unadjusted emission rates for the different compounds.
(E) The effects screening level shall be determined by the executive director.
(F) An air contaminant category is a group of related compounds, such as volatile organic compounds, particulate matter, nitrogen oxides, and sulfur compounds.
(4) Persons making changes to qualified facilities under this subsection shall comply with the applicable requirements of § 116.117 of this title (relating to Documentation and Notification of Changes to Qualified Facilities) and § 116.118 of this title (relating to Pre-change Qualification).
(5) As used in this subsection, the term "physical and operational change" does not include:
(A) construction of a new facility; or
(B) changes to procedures regarding monitoring, determination of emissions and recordkeeping that are required by a permit.
(6) Additional air pollution control methods may be implemented for the purpose of making a facility a qualified facility. The implementation of any additional control methods to qualify a facility shall be subject to the requirements of this chapter. The owner or operator shall:
(A) utilize additional control methods that are as effective as best available control technology (BACT) required at the time the additional control methods are implemented; or
(B) demonstrate that the additional control methods, although not as effective as BACT, were implemented to comply with a law, rule, order, permit, or implemented to resolve a documented citizen complaint.
(7) For purposes of this subsection and § 116.117 of this title, the following subparagraphs apply.
(A) Intraplant trading means the consideration of decreases in allowable and actual emissions from other qualified facilities in accordance with paragraph (2) of this subsection.
(B) The allowable emissions from facilities that were never constructed shall not be used in intraplant trading.
(C) The decreases in allowable and actual emissions shall be based on emission rates for the same time periods (e.g., hourly and annual rates) as the allowable emissions for the facility at which the change will occur and for which an intraplant trade is desired.
(D) Actual emissions shall be based on data that is representative of the emissions actually achieved from a facility during the relevant time period (e.g., hourly or annual rate).
(8) The existing level of control may not be lessened for a qualified facility.
(f) Use of credits. Notwithstanding any other subsection of this section, discrete emission reduction credits may be used to exceed permit allowables as described in § 101.29(d)(4)(v) of this title (relating to Emission Credit Banking and Trading) if all applicable conditions of § 101.29 of this title are met. This subsection does not authorize any physical changes to a facility.
(a) Persons making changes under § 116.116(e) of this title (relating to Changes to Facilities) shall maintain documentation at the plant site demonstrating that the changes satisfy § 116.116(e) of this title. If the plant site is unmanned, the regional manager may authorize an alternative site to maintain the documentation. The documentation shall be made available to representatives of the commission upon request. The documentation shall include:
(1) quantification of all emission increases and decreases associated with the physical or operational change;
(2) a description of the physical or operational change;
(3) a description of any equipment being installed; and
(4) sufficient information as necessary to show that the project will comply with § 116.150 and &# 116.151 of this title (relating to Nonattainment Review) and § § 116.160-116.163 of this title (relating to Prevention of Significant Deterioration Review) and with Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, § 112(g), 40 CFR Part 63)).
(b) Persons making such changes to qualified facilities shall comply with the following notification requirements.
(1) Annual report. For changes to qualified facilities when there is no intraplant trading under § 116.116(e)(2) of this title, an annual report shall be submitted to the appropriate regional office of the commission by August 1 of each year. The report shall include all changes made under § 116.116(e) during the immediately preceding annual period July 1-June 30. This reporting period and the due date may be changed with the agreement of the commission's regional office. The annual report shall contain a PI-E form for each change. The report need not include changes previously submitted by PI-E form to the commission under paragraphs (2) or (3) of this subsection or which have been incorporated into the permit for the facility.
(2) Post-change notification. Post-change notification shall be required for changes to qualified facilities for which there is intraplant trading below the reportable limit. The notification shall be submitted on a PI-E form to the commission's New Source Review Permits Division within 30 days after the change occurs.
(3) Pre-change notification only. Pre-change notification shall be required if a physical or operational change at a qualified facility will affect compliance with a permit special condition. The notice shall be made to the commission prior to the change. It shall identify the affected special condition and indicate the change needed or the desire to remove the special condition from the permit. The permit holder is relieved from complying with the permit special condition upon the filing of the notice, provided the change complies with § 116.116(e) of this title.
(4) Pre-change notification and approval. Pre-change notification shall be required for changes to qualified facilities for which there is intraplant trading above the reportable limit. The notification of the change shall be submitted on a PI-E form to the commission's New Source Review Permits Division before the change may occur. The change may occur after the receipt of written notification from the commission that there are no objections, or 45 days after the PI-E is received by the commission, whichever occurs first.
(5) Reportable limit. The executive director shall establish reportable limits. A reportable limit is either:
(A) an emission rate that is adjusted based on a factor that accounts for a ratio of the effects screening levels of the different compounds and the difference in location of emissions involved in an intraplant trade; or
(B) an emission rate that results in a sum total of modeled ground level concentration for the account that shall not exceed two times the effects screening level at any point off property.
(c) For facilities that have received a preconstruction permit, all changes for which the notification procedure of subsection (b) of this section has been used shall be incorporated into the permit when the permit is amended or renewed.
(d) Nothing in this section shall limit the applicability of any federal requirement.
(a) If either of the following conditions exists, it will be necessary to establish that a facility is a qualified facility before a physical or operational change may be made under the notification procedure of § 116.117 of this title (relating to Documentation and Notification of Changes to Qualified Facilities):
(1) the facility is a qualified facility on the basis of best available control technology and the requirement for the facility type has not been previously established by the executive director; or
(2) the facility does not have allowable emissions established for an air contaminant relevant to the change in a maximum allowable emissions rate table, PI-8 form, or PI-E form.
(b) The pre-change qualification shall be made by submitting a PI-E form to the commission's New Source Review Permits Division. The facility shall be qualified in accordance with the information contained in the PI-E form after receipt of written notification from the commission that there are no objections, or 45 days after the PI-E form is received by the commission, whichever occurs first. The pre-change qualification may be submitted at the same time as a pre-change notification under § 116.117(b) of this title or at any other time prior to making a change to a qualified facility.
Questions? We Can Help
If you have questions contact us.