Regulation VI, March 5, 1972
Section 3.27 (a) and Section 3.28 (a) of the Texas Clean Air Act require 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 to obtain a construction permit from the Texas Air Control Board before any actual work is begun on the facility, and to obtain an operating permit from the Texas Air Control Board in order to continue to operate the facility after a sixty day start-up period.
The owner of the facility is responsible for applying for and obtaining a permit to construct and operate.
Rule 603 Consideration for Granting a Permit to Construct and Operate
603.1 In order to be granted a permit to construct, the owner of the proposed facility shall demonstrate that:
603.11 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.
603.12 The proposed facility will not prevent the maintenance or attainment of any ambient air quality standard.
603.13 The proposed facility will not cause significant deterioration of existing ambient air quality in the area.
603.14 The proposed facility will have provisions for measuring the emission of significant air contaminants as determined by the Executive Secretary.
603.15 The proposed facility will be located in accordance with proper land use planning.
603.16 The proposed facility will achieve the performance specified in the application for a permit to construct.
603.2 If the owner of the proposed facility cannot demonstrate that the facility will comply with Rule 603.16, a conditional construction permit may be granted until such time as the owner can demonstrate compliance with Rule 603.16.
603.3 In order to be granted a permit to operate the owner of the facility shall demonstrate that:
603.31 The facility is complying with the Rules and Regulations of the Texas Air Control Board and the intent of the Texas Clean Air Act.
603.32 The facility has been constructed in accordance with the requirements and conditions contained in the permit to construct.
Rule 604 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 exempt by the Texas Air Control Board. A list of exemptions is available upon request from the Executive Secretary of the Board.
Rule 605 Persons desiring to be exempt from the permit system may apply in writing to the Executive Secretary of the Texas Air Control Board.
Rule 606 Installations exempt 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.
Rule 607 The rules contained in the Regulation shall be in force immediately and shall supersede the previous Regulation VI which became effective on June 17, 1971.
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