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You are here: Home / Permitting / Air Permits / PermitByRule / Historical Rules / old116 / 696 / Title 30 TAC 116.610 - 617, June 7, 1996

Title 30 TAC 116.610 - 617, June 7, 1996

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

Subchapter F Standard Permits

§ 116.610 Applicability
§ 116.611 Registration Requirements
§ 116.614 Standard Permit Fees
§ 116.615 General Conditions
§ 116.617 Standard Permit List

116.610 Applicability

(a) Pursuant to the Texas Clean Air Act (TCAA), § 382.051, projects involving the types of facilities or physical or operational changes to facilities which meet the requirements for a standard permit listed in this subchapter are hereby entitled to the standard permit; provided however, that:

(1) any project which results in a net increase in emissions of air contaminants from the project other that those for which a National Ambient Air Quality Standard has been established must meet the emission limitations of Standard exemption 106(c) or (d) or Standard exemption 118(c);

(2) construction or operation of the project shall be commenced prior to the effective date of a revision to this subchapter under which the project would no longer meet the requirements for a standard permit;

(3) the proposed project shall comply with the applicable provisions of the Federal Clean Air Act (FCAA), § 111 (regarding Federal New Source Performance Standards) and § 112 (regarding Hazardous Air Pollutants);

(4) there are no permits under the same Texas Natural Resource Conservation Commission (TNRCC) account number that contain a condition or conditions precluding use of a standard permit or standard permits under this subchapter;

(5) the owner or operator of the facility registers the proposed project in accordance with § 116.611 of this title (relating to Registration Requirements).

(b) Any project which constitutes a new major source, or major modification under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration Review) or Part D (Nonattainment Review) and regulations promulgated thereunder shall be subject to the requirements of § 116.110 of this title (relating to Applicability) rather than this subchapter.

(c) No persons shall circumvent by artificial limitations the requirements of § 116.110 of this title.

116.611 Registration Requirements

(a) Registration for a standard permit shall be sent by certified mail, return receipt requested, or hand delivered to the Texas Natural Resource Conservation Commission (TNRCC) Office of Air Quality, the appropriate TNRCC Regional Office, and any local air pollution program with jurisdiction, before a standard permit can be claimed. The registration shall:

(1) document compliance with the requirements of this section, including, but not limited to: the basis of emission estimates, quantification of all emission increases and decreases associated with the project being registered, sufficient information as may be necessary to demonstrate that the project will comply with § 116.610(b) of this title (relating to Applicability and general conditions), information that describes efforts to be taken to minimize any collateral emissions increases that will result from the project; a description of the project and related process, and a description of any equipment being installed.

(2) be received by the TNRCC no later than 45 days prior to the commencement of the project. Work may begin on the project any time upon receipt of written notification from the TNRCC that there are no objections to the project or 45 days after receipt by the TNRCC of the registration for the project, whichever occurs first.

116.614 Standard Permit Fees

Any person who claims a standard permit shall remit, at the time of registration, a flat fee of $450 for each standard permit claimed. All standard permit fees will be remitted in the form of a check or money order made payable to the Texas Natural Resource Conservation Commission (TNRCC) and delivered with the permit registration to the TNRCC, P.O. Box 13087, Austin, Texas 78753. No fees will be refunded.

116.615 General Conditions

The following general conditions shall be applicable to holders of standard permits, but may not be specifically stated within the standard permit document.

(1) Protection of public health and welfare. The emissions from the facility must comply with all applicable rules and regulations of the Texas Natural Resource Conservation Commission (TNRCC or commission) adopted under the Texas Health and Safety Code, Chapter 382, and with intent of the Texas Clean Air Act (TCAA), including protection of health and property of the public.

(2) Standard permit representations. All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standard permit become conditions upon which the facility or changes thereto, shall be constructed and operated. It shall be unlawful for any person to vary from such representations if the change will affect that person's right to claim a standard permit under this section. Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under § 116.110 of this title (relating to Applicability). If the facility remains eligible to claim a standard permit, the owner or operator of the facility must notify the TNRCC of any change in conditions which will result in a change in the method of control of emissions, a change in the character of the emissions, or an increase in the discharge of the various emissions as compared to the representations in the original registration or any previous notification of a change in representations. Notice of changes in representations must be received by the TNRCC no later than 30 days after the change.

(3) Standard permit in lieu of permit amendment. All changes authorized by standard permit to a facility previously permitted pursuant to § 116.110 of this title shall be administratively incorporated into that facility's permit at such time as the permit is amended or renewed.

(4) Voiding of standard permit. A standard permit under this chapter is automatically void if the holder fails to begin construction within 18 months of date of registration, discontinues construction for more than 18 consecutive months prior to completion, or fails to complete construction within a reasonable time. Upon request, the executive director may grant a one time 18-month extension of the date to begin construction.

(5) Construction progress. Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office of the TNRCC not later than 15 working days after occurrence of the event.

(6) Start-up notification. The appropriate air program regional office of the commission and any other air pollution control program having jurisdiction shall be notified prior to the commencement of operations of the facilities authorized by the standard permit in such a manner that a representative of the TNRCC may be present. Phased construction, which may involve a series of units commencing operations at different times, shall provide separate notification for the commencement of operations for each unit.

(7) Sampling requirements. If sampling of stacks or process vents is required, the standard permit holder shall contact the TNRCC Office of Air Quality and any other air pollution control program having jurisdiction prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission. The standard permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.

(8) Equivalency of methods. It shall be the responsibility of the standard permit holder to demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the standard permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive director prior to their use in fulfilling any requirements of the standard permit.

(9) Recordkeeping. A copy of the standard permit along with information and data sufficient to demonstrate applicability of and compliance with the standard permit shall be maintained in a file at the plant site and made available at the request of personnel from the TNRCC, United States Environmental Protection Agency, or any air pollution control program having jurisdiction. For facilities that normally operate unattended, this information shall be maintained at the nearest staffed location within Texas specified by the standard permit holder in the standard permit application. This information shall include, but is not limited to, production records and operating hours. Additional recordkeeping requirements may be specified in requirements for the standard permit. Information in the file shall be retained for at least two years following the date that the information or data is obtained.

(10) Maintenance of emission control. The facilities covered by the standard permit shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. Notification for upsets and maintenance shall be made in accordance with § 101.6 and § 101.7 of this title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance).

(11) Compliance with rules. Registration of a standard permit by a standard permit applicant constitutes an acknowledgment and agreement that the holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the granting of the standard permit. If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the standard permit.

116.617 Standard Permit List

Pursuant to the Texas Clean Air Act, § 382.051, projects involving the types of facilities or physical or operational changes to facilities listed in this section qualify for a standard permit subject to the conditions stated in § 116.610 of this title (relating to Applicability) and § 116.615 of this title (relating to General Conditions).

(1) Installation of emissions control equipment or implementation of control techniques as required by any state or federal rule, standard, or regulation.

(A) Installation of the control equipment or implementation of the control technique must not result in an increase in the facility's production capacity unless the capacity increase occurs solely as a result of the requirement to install the control equipment or implement the control technique on existing units required to meet applicable emission limitations. The owner or operator must obtain or qualify for any necessary authorization pursuant to § 116.110 of this title (relating to Applicability) prior to utilizing any production capacity increase that:

(i) results in the exceedance of any emission limit in an existing permit, other authorization, or grandfathered baseline;

(ii) does not result solely from the installation of control equipment or implementation of control techniques; or

(iii) results in an emissions increase which exceeds the emission reduction due to the installation of control equipment or implementation of control techniques.

(B) Any emission increase of an air contaminant must occur solely as a result of the requirement to install an emission control device or implement a control technique.

(C) Installation of emission control equipment or implementation of a control technique shall not include the installation of a new production facility, reconstruction of a production facility as defined in 40 Code of Federal Regulations (CFR) 60.15(b)(1) and (c), or complete replacement of an existing production facility.

(D) If the project, without consideration of any other increases or decreases not related to the project, will result in a significant net increase in emissions of any criteria pollutant, a person claiming this standard permit shall submit, with the registration, information sufficient to demonstrate that the increase will meet the conditions of clause (i) of this subparagraph.

(i) The emissions increase shall not:

(I) considering the emission reductions that will result from this project, cause or contribute to a violation of any national ambient air quality standard;

(II) cause or contribute to a violation of any Prevention of Significant Deterioration (PSD) increment; or

(III) cause or contribute to a violation of any PSD visibility limitation.

(ii) For purposes of this section, "significant net increase" means those emissions increases resulting solely from the installation of control equipment or implementation of control techniques that are equal to or greater than subclauses (I) or (II) of this clause:

(I) the major modification threshold listed in § 116.12 of this title (relating to Nonattainment Review Definitions), Table I, for pollutants for which the area is designated as nonattainment, or for precursors to these pollutants;

(II) significant as defined in Title 40 CFR § 52.21(b)(23) for pollutants for which the area is designated attainment or unclassifiable, or for precursors to these pollutants.

(iii) Netting is not required when determining whether this demonstration must be made for the proposed project, and the increases and decreases resulting from this project should not be included in any future netting calculation.

(E) For purposes of compliance with the PSD and nonattainment new source review provisions of Part C and Part D of the Federal Clean Air Act (FCAA) and regulations promulgated thereunder, any increase that is less than significant, or satisfies the requirements of subparagraph (D) of this paragraph shall not constitute a physical change or a change in the method of operation. For purposes of compliance with the Standards of Performance for New Stationary Sources regulations promulgated by the United States Environmental Protection Agency (EPA) at 40 CFR 60.14, an increase that satisfies the requirements of subparagraph (D) of this paragraph shall satisfy the requirements of 40 CFR 60.14(e)(5).

(2) Voluntary installation of emissions control equipment.

(A) Installation of the control equipment must not result in an increase in the facility's production capacity unless the capacity increase occurs solely as a result of the installation of control equipment on existing units. Any production capacity increase resulting from the installation of controls shall not be utilized until the owner or operator obtains or qualifies for any necessary authorization pursuant to § 116.110 of this title (relating to Applicability).

(B) Any emission increase of an air contaminant must occur solely as a result of installing an emission control device.

(C) Installation of emission control equipment shall not include the installation of a new production facility, reconstruction of a production facility as defined in 40 CFR 60.15(b)(1) and (c), or complete replacement of an existing production facility.

(D) If the project, without consideration of any other increases or decreases not related to the project, will result in a significant net increase in emissions of any criteria pollutant, a person claiming this standard permit shall submit, with the registration, information sufficient to demonstrate that the increase will meet the conditions of clause (i) of this subparagraph.

(i) The emissions increase shall not:

(I) considering the emission reductions that will result from this project, cause or contribute to a violation of any national ambient air quality standard; or

(II) cause or contribute to a violation of any PSD increment; or

(III) cause or contribute to a violation of any PSD visibility limitation.

(ii) For purposes of this section, "significant net increase" means those emissions increases resulting solely from the installation of control equipment that are equal to or greater than subclause (I) or (II) of this clause:

(I) the major modification threshold listed in § 116.12 of this title, Table I, for pollutants for which the area is designated as nonattainment, or for precursors to these pollutants;

(II) significant as defined in Title 40 CFR § 52.21(b)(23) for pollutants for which the area is designated attainment or unclassifiable, or for precursors to these pollutants.

(iii) Although netting is not required when determining whether this demonstration must be made for the proposed project, the increases and decreases resulting from this project must be included in any future netting calculation if they are determined to be otherwise creditable.

(E) For purposes of compliance with the PSD and nonattainment new source review provisions of the FCAA, Part C and Part D and regulations promulgated thereunder, any increase that is less than significant, or satisfies the requirements of subparagraph (D) of this paragraph shall not constitute a physical change or a change in the method of operation. For purposes of compliance with the Standards of Performance for New Stationary Sources regulations promulgated by the EPA at 40 CFR 60.14, an increase that satisfies the requirements of subparagraph (D) of this paragraph shall satisfy the requirements of 40 CFR 60.14(e)(5).


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