Title 30 TAC 116.110 - 115, July 8, 1998
Subchapter B New Source Review Permits§ 116.110 Applicability
§ 116.111 General Application
§ 116.112 Distance Limitations
§ 116.114 Application Review Schedule
§ 116.115 General and Special Conditions
(a) Permit to construct. Before any actual work is begun on the facility, 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 either:
(1) obtain a permit under § 116.111 of this title (relating to General Application);
(2) satisfy the conditions for a standard permit under the requirements in:
(A) Subchapter F of this chapter (relating to Standard Permits);
(B) Chapter 321, Subchapter K of this title (relating to Concentrated Animal Feeding Operations);
(C) Chapter 332 of this title (relating to Composting); or
(D) Chapter 330, Subchapter N of this title (relating to Landfill Mining);
(3) satisfy the conditions for a flexible permit under the requirements in Subchapter G of this chapter (relating to Flexible Permits); or
(4) satisfy the conditions for exempt facilities under Chapter 106 of this title (relating to exemptions from Permitting).
(b) Modifications to existing permitted facilities. Modifications to existing permitted facilities may be handled through the amendment of an existing permit or an existing flexible permit.
(c) Exclusion. Owners or operators of affected sources (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) subject to Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, § 112(g), 40 CFR Part 63)) are not authorized to use:
(1) an exemption under Chapter 106 of this title;
(2) standard permits under Subchapter F of this chapter that do not meet the requirements of Subchapter C of this chapter; or
(3) § 116.116(e) of this title (relating to Changes to Facilities).
(d) Change in ownership.
(1) Within 30 days after the change of ownership of a facility permitted under this chapter, the new owner shall notify the commission and certify the following:
(A) the date of the ownership change;
(B) the name, address, phone number, and contact person for the new owner;
(C) an agreement by the new owner to be bound by all permit conditions and all representations made in the permit application and any amendments and alterations;
(D) there will be no change in the type of pollutants emitted; and
(E) there will be no increase in the quantity of pollutants emitted.
(2) The new owner shall comply with all permit conditions and all representations made in the permit application and any amendments and alterations.
(e) Submittal under seal of Texas licensed professional engineer. 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 Texas licensed 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 Board of Professional Engineers. The estimated capital cost is defined in § 116.141 of this title (relating to Determination of Fees).
(f) 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.
In order to be granted a permit, amendment, or special permit amendment, the application must include:
(1) a completed Form PI-1 General Application signed by an authorized representative of the applicant. All additional support information specified on the form must be provided before the application is complete;
(2) information which demonstrates that all of the following are met.
(A) Protection of public health and welfare.
(i) The emissions from the proposed facility will comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of the health and physical property of the people.
(ii) For issuance of a permit for construction or modification of any facility within 3,000 feet of an elementary, junior high/middle, or senior high school, the commission 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 the school(s).
(B) 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 "Texas Natural Resource Conservation Commission (TNRCC) Sampling Procedures Manual."
(C) 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.
(D) New Source Performance Standards (NSPS). The emissions from the proposed facility will meet the requirements of any applicable NSPS as listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA under FCAA, § 111, as amended.
(E) National Emission Standards for Hazardous Air Pollutants (NESHAP). The emissions from the proposed facility will meet the requirements of any applicable NESHAP, as listed under 40 CFR Part 61, promulgated by EPA under FCAA, § 112, as amended.
(F) NESHAP for source categories. The emissions from the proposed facility will meet the requirements of any applicable maximum achievable control technology standard as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, § 112 or as listed under Chapter 113, Subchapter C of this title (relating to National Emissions Standards for Hazardous Air Pollutants for Source Categories (FCAA § 112, 40 CFR 63)).
(G) 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.
(H) Nonattainment review. If the proposed facility is located in a nonattainment area, it shall comply with all applicable requirements in this chapter concerning nonattainment review.
(I) Prevention of Significant Deterioration (PSD) review. If the proposed facility is located in an attainment area, it shall comply with all applicable requirements in this chapter concerning PSD review.
(J) Air dispersion modeling. Computerized air dispersion modeling may be required by the executive director to determine air quality impacts from a proposed new facility or source modification.
(K) Hazardous air pollutants. Affected sources (as defined in § 116.15(1) of this title (relating to Section 112(g) Definitions)) for hazardous air pollutants shall comply with all applicable requirements under Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, § 112(g), 40 CFR Part 63)).
The following facilities must satisfy the following distance criteria.
(1) Lead smelters. New lead smelting plants shall be located at least 3,000 feet from any individual's residence where lead smelting operations have not been conducted before August 31, 1987. This subsection does not apply to:
(A) a modification of a lead smelting plant in operation on or before August 31, 1987;
(B) a new lead smelting plant or modification of a plant with the capacity to produce 200 pounds or less of lead per hour; or
(C) a lead smelting plant that was located more than 3,000 feet from the nearest residence when the plant began operations.
(2) Hazardous waste permits. Permits for hazardous waste management facilities shall not be issued if the facility is to be located in the vicinity of specified public access areas under the following circumstances.
(A) No permit shall be issued for a new hazardous waste landfill or land treatment facility or an areal expansion of an existing facility if the boundary of the facility or expansion is to be located within 1,000 feet of an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park.
(B) No permit shall be issued for a new commercial hazardous waste management facility or the subsequent areal expansion of such a facility or unit of that facility if the boundary of the unit is to be located within 1/2 mile (2,640 feet) of an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park.
(C) For a subsequent areal expansion of a new commercial hazardous waste management facility that is required to comply with subparagraph (B) of this paragraph, distances shall be measured from a residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park only if such structure, water supply, or park was in place at the time the distance was certified for the original permit.
(D) No permit shall be issued for a new commercial hazardous waste management facility unless the applicant demonstrates that the facility will be operated so as to safeguard public health and welfare and protect physical property and the environment.
(E) The measurement of distances shall be taken toward an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park that is in use when the permit application is filed with the commission. The restrictions imposed by subparagraphs (A)-(C) of this paragraph do not apply to a residence, church, school, day care center, surface water body used for a public drinking water supply, or a dedicated public park located within the boundaries of a commercial hazardous waste management facility, or property owned by the permit applicant.
(F) The measurement of distances shall be taken from a perimeter around the proposed hazardous waste management unit. The perimeter shall be no more than 75 feet from the edge of the proposed hazardous waste management unit.
(a) Review schedule. The executive director shall review permit applications in accordance with the following.
(1) Notice of completion or deficiency. The executive director shall mail written notification informing the applicant that the application is complete or that it is deficient within 90 days of receipt of the application for a new permit, or amendment to a permit or special permit.
(A) If the application is deficient, the notification must state:
(i) the additional information required; and
(ii) the intent of the executive director to void the application if information for a complete application is not submitted.
(B) Additional information may be requested within 60 days of receipt of the information provided in response to the deficiency notification.
(2) Decision to approve or disapprove the application. The executive director shall mail written notice to the applicant of his decision to approve or not approve the application. If the applicant has provided public notification as required by the executive director, and no requests for public hearing or public meeting on the proposed facility have been received, the executive director shall send notice within:
(A) 180 days of receipt of a completed permit application; or
(B) 150 days of receipt of a permit amendment or special permit amendment.
(3) Refund of permit fee.
(A) If the time limits provided in this section to process an application are exceeded, the applicant may appeal in writing to the executive director for a refund of the permit fee.
(B) The permit fee shall be reimbursed if it is determined by the executive director that the specified period was exceeded without good cause, as provided in Texas Civil Statutes, Article 6252-13b.1, § 3.
(b) Voiding of deficient application.
(1) 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 under the provisions of this section, or § 116.131 of this title (relating to Public Notification Requirements).
(2) 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 Applicability).
(a) General and special conditions. Permits, special permits, standard permits, and special exemptions may contain general and special conditions.
(b) General conditions. Holders of permits, special permits, standard permits, and special exemptions shall comply with the following:
(1) the general conditions contained in the permit document if issued or amended prior to August 16, 1994; or
(2) the following general conditions if the permit or amendment is issued or amended on or after August 16, 1994, regardless of whether they are specifically stated within the permit document.
(A) Voiding of permit. A permit or permit amendment under this chapter is automatically void if the permit holder does one of the following:
(i) fails to begin construction within 18 months of date of issuance. The executive director may grant a one-time 18-month extension to the date to begin construction;
(ii) discontinues construction for more than 18 consecutive months prior to completion; or
(iii) fails to complete construction within a reasonable time.
(B) Report of construction progress. The permit holder shall report start of construction, construction interruptions exceeding 45 days, and completion of construction. The report shall be given to the appropriate regional office of the commission not later than 15 working days after occurrence of the event.
(C) Start-up notification.
(i) The permit holder shall notify the appropriate air program regional office of the commission prior to the commencement of operations of the facilities authorized by the permit. The notification must be made in such a manner as to allow representative of the commission to be present at the commencement of operations.
(ii) The permit holder shall provide a separate notification for the commencement of operations for each unit of phased construction, which may involve a series of units commencing operations at different times.
(D) Sampling requirements.
(i) If sampling is required, the permit holder shall contact the commission's Office of Compliance and Enforcement prior to sampling to obtain the proper data forms and procedures.
(ii) All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission.
(iii) The permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.
(E) Equivalency of methods. The permit holder must 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 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 permit.
(F) Recordkeeping. The permit holder shall:
(i) maintain a copy of the permit along with records containing the information and data sufficient to demonstrate compliance with the permit, including production records and operating hours;
(ii) keep all required records in a file at the plant site. If, however, the facility normally operates unattended, records shall be maintained at the nearest staffed location within Texas specified in the application;
(iii) make the records available at the request of personnel from the commission or any air pollution control program having jurisdiction;
(iv) comply with any additional recordkeeping requirements specified in special conditions attached to the permit; and
(v) retain information in the file for at least two years following the date that the information or data is obtained.
(G) Maximum allowable emission rates. The total emissions of air contaminants from any of the sources of emissions must not exceed the values stated on the table attached to the permit entitled "Emission Sources--Maximum Allowable Emission Rates."
(H) Maintenance of emission control. The permitted facilities 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. The permit holder shall provide notification for upsets and maintenance in accordance with § 101.6 and § 101.7 of this title (relating to Upset Reporting and Recordkeeping Requirements; and Maintenance, Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements).
(I) Compliance with rules.
(i) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit 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 permit.
(ii) 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.
(iii) 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 permit.
(c) Special conditions. The holders of permits, special permits, standard permits, and special exemptions shall comply with all special conditions contained in the permit document.
(1) Special conditions may be attached to a permit that are more restrictive than the requirements of Title 30 of the Texas Administrative Code.
(2) Special condition for written approval.
(A) The executive director may require as a special condition that the permit holder obtain written approval before constructing a source under:
(i) a standard permit under Subchapter F of this chapter (relating to Standard Permits); or
(ii) an exemption under Chapter 106 of this title (relating to exemptions from Permitting).
(B) Such written approval may be required if the executive director specifically finds that an increase of a particular pollutant could either:
(i) result in a significant impact on the air environment; or
(ii) cause the facility to become subject to review under:
(I) Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, § 112(g), 40 CFR Part 63)); or
(II) the provisions in § 116.150 and § 116.151 of this title (relating to Nonattainment Review) and § § 116.160-116.163 of this title (relating to Prevention of Significant Deterioration Review).
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