Title 30 TAC 116.110 - 115, May 4, 1994
Subchapter B New Source Review Permits§ 116.110 Applicability
§ 116.111 General Application
§ 116.114 Application Review Schedule
§ 116.115 Special Provisions
(a) Permit to construct. 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 shall obtain a permit pursuant to § 116.111 of this title (relating to General Applications) or satisfy the conditions for exempt facilities pursuant to Subchapter C of this chapter (relating to Permit exemptions) before any actual work is begun on the facility. Modifications to existing permitted facilities may be handled through the amendment of an existing permit.
(b) Operations certification
(1) To ensure that operations addressed in the applicant's permit are in conformance with the representations in the permit application, any person who has applied for and received a permit from the Texas Natural Resource Conservation Commission shall:
(A) submit the first part of the operations certification before commencing operations certifying that, to the best of the knowledge of an individual with process knowledge in a managerial capacity signing the certification, the facilities or changes authorized by the permit have been accomplished as represented, if those representations affect emissions, method of control, or character of emissions;
(B) submit a second certification certifying that, to the best of the knowledge of an individual with process knowledge in a managerial capacity signing the certification, the facility complies with all terms of the preconstruction permit and that operations of the facility are in compliance with the Texas Clean Air Act and the rules of the TNRCC. This certification shall be submitted simultaneously with any report of testing or monitoring results required by the permit or, if no testing or monitoring is required, within 60 days of the commencement of operation. The certification deadline may be extended by the Executive Director upon a showing of good cause by the permit holder; the request for extension must be filed prior to the certification deadline.
(2) Multiple operations certifications may be submitted on a facility-by-facility basis for a given permit.
(3) All permits issued after the effective date of this subsection are subject to the provisions of this subsection.
(c) Change in ownership.
(1) The new owner of a facility which previously has received a permit or special permit from the TNRCC shall not be required to apply for a new permit or special permit, and the change of ownership shall not be subject to the public notification requirements of this chapter, provided that within 30 days after the change of ownership the new owner notifies the TNRCC of the change. The notification shall include a certification of each of the following:
(A) the ownership change has occurred and the new owner agrees to be bound by all conditions and provisions of the permit or special permit and all representations made in the application for permit or special permit and any amendments to the permit.
(B) there will be no change in the type of pollutants emitted; and
(C) there will be no increase in the quantity of pollutants emitted.
(2) The new owner of the facility is required to comply with all conditions and provisions of the permit or special permit and all representations made in the application for permit or special permit and any amendments to the permit.
(d) Submittal under seal of registered professional engineer. All applications for permit or permit amendment with an estimated capital cost of the project above $2 million, and not subject to any exemption contained in the Texas Engineering Practice Act (TEPA), shall be submitted under seal of a registered professional engineer. However, nothing in this subsection shall limit or affect any requirement which may apply to the practice of engineering under the TEPA or the actions of the Texas State Board of Registration for Professional Engineers. For purposes of this subsection, the estimated capital cost is defined in § 116.141 of this title (relating to Permit Fees).
(e) Responsibility for permit application. The owner of the facility or the operator of the facility authorized to act for the owner is responsible for complying with this section.
Any application for a new permit, permit amendment, or special permit amendment must include a completed Form PI-1 General Application. The Form PI-1 must be signed by an authorized representative of the applicant. The Form PI-1 specifies additional support information which must be provided before the application is deemed complete. In order to be granted a permit, permit amendment or special permit amendment, the owner or operator of the proposed facility shall submit information to the TNRCC which shall demonstrate that all of the following are met:
(1) Protection of public health and welfare. The emissions from the proposed facility will comply with all rules and regulations of the TNRCC and with the intent of the TCAA, including protection of the health and physical property of the people. In considering the issuance of a permit for construction or modification of any facility within 3,000 feet or less of an elementary, junior high/middle or senior high school, the TNRCC shall consider any possible adverse short-term or long-term side effects that an air contaminant or nuisance odor from the facility may have on the individuals attending these school facilities.
(2) Measurement of emissions. The proposed facility will have provisions for measuring the emission of significant air contaminants as determined by the executive director. This may include the installation of sampling ports on exhaust stacks and construction of sampling platforms in accordance with guidelines in the TNRCC "Compliance Sampling Manual."
(3) Best available control technology (BACT). The proposed facility will utilize BACT, with consideration given to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility.
(4) Federal New Source Performance Standards (NSPS). The emissions from the proposed facility will meet at least the requirements of any applicable NSPS as listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA pursuant to authority granted under the FCAA, § 111, as amended.
(5) National Emission Standards for Hazardous Air Pollutants (NESHAP). The emissions from the proposed facility will meet at least the requirements of any applicable NESHAP, as listed under 40 CFR Part 61, promulgated by EPA pursuant to authority granted under the FCAA, § 112, as amended.
(6) Performance demonstration. The proposed facility will achieve the performance specified in the permit application. The applicant may be required to submit additional engineering data after a permit has been issued in order to demonstrate further that the proposed facility will achieve the performance specified in the permit application. In addition, dispersion modeling, monitoring, or stack testing may be required.
(7) Nonattainment review. If the proposed facility is located in a nonattainment area, it shall comply with all applicable requirements under the undesignated head concerning nonattainment review.
(8) Prevention of Significant Deterioration (PSD) review. If the proposed facility is located in an attainment area, it shall comply with all applicable requirements under the undesignated head concerning PSD.
(9) Air dispersion modeling. Computerized air dispersion modeling may be required by the TNRCC permits program to determine air quality impacts from a proposed new facility or source modification.
(a) Review schedule. The permit application will be reviewed by the TNRCC in accordance with the following schedule.
(1) Within 90 days of receipt of an application for a new permit, or amendment to a permit or special permit, the executive director shall mail written notification informing the applicant that the application is complete or that it is deficient. If the application is deficient, the notification shall state any additional information required, and the intent of the executive director to void the application if information for a complete application is not submitted. Additional information may be requested within 60 days of receipt of the information provided in response to the deficiency notification.
(2) Within 180 days of receipt of a completed permit application, or 150 days of receipt of a permit amendment or special permit amendment, the Executive Director shall mail written notice informing the applicant of his decision to approve or not approve the application provided that no requests for public hearing or public meeting on the proposed facility have been received and the applicant has provided public notification as required by the executive director.
(3) If the time limits provided in this section to process an application are exceeded, the applicant may appeal in writing to the executive director. If the executive director finds that the application was not approved or denied with the specified period and that the agency exceeded that period without good cause, as provided in Texas Civil Statutes, Article 6252-13b.1, § 3, the executive director shall reimburse the permit fee which was remitted with the application.
(b) Voiding of deficient application. An applicant shall make a good faith effort to submit, in a timely manner, adequate information which demonstrates that the requirements for obtaining a permit or permit amendment are met in response to any deficiency notification issued by the executive director pursuant to the provisions of this section, or § 116.131 of this title (relating to Public Notification Requirements). If an applicant fails to make such good faith effort, the executive director shall void the application and notify the applicant. If the application is resubmitted within six months of the voidance, it shall be exempt from the requirements of § 116.140 of this title (relating to Permit Fee Applicability).
(a) Permits, special permits, standard permits, and exemptions may contain general and special provisions. The holders of permits, special permits, standard permits, and exemptions shall comply with any and all such provisions. Upon a specific finding by the Executive Director that an increase of a particular pollutant could result in a significant impact on the air environment, or could cause the facility to become subject to review under the undesignated headings of this subchapter relating to Nonattainment Review or Prevention of Significant Deterioration Review, the permit may include a special provision which states that the permittee must obtain written approval from the Executive Director before constructing a source under a standard exemption or standard permit.
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