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Regulation VI, February 12, 1978

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

Rule 131.08.00

.001 Any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the air of this State must obtain a construction permit from the Texas Air Control Board before any actual work is begun on the facility. If a permit to construct is issued by the Board, the person in charge of the facility must apply for an operating permit within sixty days after the facility has begun operation, unless this sixty day period has been extended by the Executive Director.

.002 The owner of the facility or the operator of the facility authorized to act for the owner is responsible for applying for and obtaining a permit to construct and operate.

.003 Consideration for Granting a Permit to Construct and Operate

(a) In order to be granted a permit to construct, the owner or operator of the proposed facility shall submit information to the Texas Air Control Board which will demonstrate that all of the following are met:

(1) The proposed facility will comply with all Rules and Regulations of the Texas Air Control Board and with the intent of the Texas Clean Air Act.

(2) The proposed facility will not prevent the maintenance or attainment of any applicable ambient air quality standard.

(3) The proposed facility will not cause significant deterioration of existing ambient air quality in the area.

(4) The proposed facility will have provisions for measuring the emission of significant air contaminants as determined by the Executive Director.

(5) The proposed facility will be located with proper consideration of land use.

(6) The proposed facility will utilize the best available control technology, with consideration given to the technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from the facility.

(7) The proposed facility will meet, at least, the requirements of any applicable new source performance standards promulgated by the Environmental Protection Agency pursuant to authority granted under Section 111 of the Federal Clean Air Act, as amended.

(8) The proposed facility will meet, at least the requirements of any applicable emission standard for hazardous air pollutants promulgated by the Environmental Protection Agency pursuant to authority granted under Section 112 of the Federal Clean Air Act, as amended.

(9) The proposed facility will achieve the performance specified in the application for a permit to construct. The applicant may be required to submit additional engineering data after a permit to construct has been issued in order to demonstrate further that the proposed facility will achieve the performance specified in the application for a permit to construct.

(10) All requirements of Section 129(a)(1) of the Clean Air Act Amendments of 1977 (PL 95-95).

(b) In order to be granted a permit to operate the owner of the facility shall demonstrate that:

(1) The facility is complying with the Rules and Regulations of the Texas Air Control Board and the intent of the Texas Clean Air Act.

(2) The facility has been constructed and is being operated in accordance with the requirements and conditions contained in the permit to construct.

(3) The facility is being operated in accordance with any applicable new source performance standards promulgated by the Environmental Protection Agency pursuant to authority granted under Section 111 of the Federal Clean Air Act, as amended.

(4) The facility is being operated in accordance with any applicable emission standard for hazardous air pollutants promulgated by the Environmental Protection Agency pursuant to authority granted under Section 112 of the Federal Clean Air Act, as amended.

(5) All requirements of Section 129(a)(1) of the Clean Air Act Amendments of 1977 (PL 95-95) have been met.

.004 Permits to construct and operate may contain general and special conditions. The holders of construction and operating permits shall comply with any and all such conditions.

.005 All representations with regard to construction plans and operation procedures in an application for a permit to construct or a permit to operate become conditions upon which a subsequent permit to construct or operate are issued. It shall be unlawful for any person to vary from such representation if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions unless he first makes application to the Executive Director to amend his permit in that regard and such amendment is approved by the Executive Director.

.006 Pursuant to Section 3.27(a) of the Texas Clean Air Act, a permit to construct and a permit to operate shall not be required for those sources exempted by the Executive Director of the Texas Air Control Board because such sources will not make a significant contribution of air contaminants to the atmosphere. A list of exemptions is available upon request from the Executive Director of the Board.

.007 For sources not currently on the exemption list specified in Rule 131.08.00.006, any person may request, in writing, the Executive Director to exempt a facility or type of facility. Unless a facility is exempted by the Executive Director of the Texas Air Control Board on the basis that such source will not make a significant contribution of air contaminants to the atmosphere, a permit to construct and operate must be obtained in accordance with the requirements of Sections 3.27 and 3.28 of the Texas Clean Air Act.

.008 Installations exempted by the Texas Air Control Board may be required by local air pollution control agencies to receive a permit or permits from that agency, or register with that agency.

.009 The rules contained in this regulation shall be in force immediately and shall supersede the previous Regulation VI which became effective on August 31, 1972.


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