Title 30 TAC 116.116 - 118, March 14, 1997
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. All representations with regard to construction plans and operation procedures in an application for a permit, special permit, or special exemption, as well as any general and special conditions attached to the permit, special permit, or special exemption itself, become conditions upon which the subsequent permit, special permit, or special exemption are issued.
(b) Permit amendments. Except as provided in subsection (e) of this section, it shall be unlawful for any person to vary from any representation or permit condition 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 application is made to the executive director to amend the permit or special permit in that regard and such amendment is approved by the executive director or the Texas Natural Resource Conservation Commission (TNRCC). Applications to amend a permit or special permit shall be submitted with a completed Form PI-1 and are subject to the requirements of § 116.111 of this title (relating to General Application).
(c) Permit alterations.
(1) A permit alteration is:
(A) any change from a representation in a permit application that does not involve an increase in emission rates or a change in the character or method of control of emissions; or
(B) any change in a general or special condition of a permit that does not involve an increase in emission rates or a change in the character or method of control of emissions;
(C) a decrease in allowable emissions.
(2) All requests for permit alterations which may result in an increase in off-property concentrations of air contaminants, involve a change in permit conditions, or affect facility or control equipment performance must receive prior approval by the executive director. The executive director shall be notified in writing of all other permit alterations. Any 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.
(3) Permit alterations shall not be subject to the requirements of Best Available Control Technology identified in § 116.111(3) of this title.
(d) Standard exemption in lieu of permit amendment or alteration. Notwithstanding subsections (b) or (c) of this section, no permit amendment or alteration is required if the changes to the permitted facility qualify for an exemption under Subchapter C of this chapter (relating to Permit exemptions) unless prohibited by permit condition as provided in § 116.115 of this title (relating to Special Conditions). All such exempted changes to a permitted facility shall be incorporated into that facility's permit at such time as the permit is amended or renewed.
(e) Changes to qualified facilities. Notwithstanding any other subsection of this section, a physical or operational change may be made to a qualified facility if the change does not result in a net increase in allowable emissions of any air contaminant and does not result in the emission of any air contaminant not previously emitted.
(1) In determining whether a change to a qualified facility results in a net increase in allowable emissions or the emission of any air contaminant not previously emitted, 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 TNRCC 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 TNRCC air quality account number that are not included in subparagraph (B) of this paragraph.
(2) The determination of whether a physical or operational change would result in a net increase in allowable emissions of any air contaminant or the emission of any air contaminant not previously emitted 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 an 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 subparagraphs apply.
(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 of the TNRCC.
(F) An air contaminant category is a group of related compounds, such as volatile organic compounds, particulate matter, nitrogen oxides, and sulfur compounds.
(3) Persons making changes to qualified facilities under this subsection shall comply with the applicable requirements of § 116.117 of this title (relating to Notification of Changes to Qualified Facilities) and § 116.118 of this title (relating to Pre-change Qualification).
(4) As used in this subsection, the term "physical and operational changes" 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.
(5) If additional air pollution control methods are implemented for the purpose of making a facility a qualified facility, such additional control methods shall be at least as effective as Best Available Control Technology (BACT) required at the time the additional control methods are implemented. If additional control methods are implemented that are not at least as effective as such BACT, the facility may be determined to be a qualified facility only if the owner or operator can demonstrate that the control methods were implemented to comply with a law, rule, order, permit, or can demonstrate that the control method was implemented to resolve a documented citizen compliant. The implementation of any additional control methods shall be subject to the requirements of this chapter.
(6) For purposes of this subsection and § 116.117 of this title (relating to Documentation and Notification of Changes to Qualified Facilities), the consideration of decreases in allowable and actual emissions from other qualified facilities in accordance with paragraph (1) of this subsection shall be referred to as intraplant trading. 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. 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). The allowable emissions from facilities that were never constructed shall not be use in intraplant trading.
(7) The existing level of control may not be lessened for a qualified facility.
(a) Persons making physical or operational changes to qualified facilities under the provisions of § 116.116(e) of this title (relating to Changes to Facilities) shall maintain documentation at the plant site demonstrating that the changes satisfy the requirements of that section. If the plant site is unmanned, the regional manager may authorize an alternative site to maintain this documentation. This documentation shall include quantification of all emission increases and decreases associated with the physical or operational change, a description of the physical or operational change, a description of any equipment being installed, and sufficient information as may be necessary to demonstrate that the project will comply with the Federal Clean Air Act, Title 1, Parts C and D. This documentation shall be made available to representatives of the Texas Natural Resource Conservation Commission (TNRCC) upon request.
(b) In addition to the documentation requirements under subsection (a) of this section, persons making such changes to qualified facilities shall comply with the following notification requirements.
(1) Annual report. For changes to qualified facilities for which there is no intraplant trading in accordance with § 116.116(e)(1) of this title, an annual report shall be submitted to the appropriate TNRCC regional office by August 1 of each year which shall include all changes made under § 116.116(e) during the immediately preceding annual period July 1 - June 30. Changes for which notification has been previously submitted by PI-E form to TNRCC under paragraphs (2) or (3) of this subsection or which have been incorporated into the permit for the facility need not be included in the annual report. The annual report shall contain a PI-E form for each change. The annual reporting period for a TNRCC air quality account and the due date of the annual report may be changed with the agreement of the TNRCC regional office.
(2) Post-change notification. For changes to qualified facilities for which there is intraplant trading below the reportable limit, notification of the change shall be submitted on a PI-E form to the New Source Review Division of the TNRCC within 30 days after the change occurs.
(3) Pre-change notification. For changes to qualified facilities for which there is intraplant trading above the reportable limit, notification of the change shall be submitted on a PI-E form to the New Source Review Division of the TNRCC before the change may occur. The change may occur after the receipt of written notification from the TNRCC that there are no objections, or 45 days after the notification is received by the TNRCC, whichever occurs first.
(4) Reportable limit. The executive director shall establish reportable limits as follows:
(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.
(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 at such time as the permit is amended or renewed.
(d) If a physical or operational change at a qualified facility will affect compliance with a permit special condition, notice shall be made to the TNRCC prior to the change. The notice 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.
(e) 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 of the TNRCC;
(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 New Source Review Division. The facility shall be qualified in accordance with the information contained in the PI-E form after receipt of written notification from the TNRCC that there are no objections, or 45 days after the PI-E form is received by TNRCC, 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.
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