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You are here: Home / Permitting / Air Permits / PermitByRule / Historical Rules / old116 / 880 / Title 31 TAC Chapter 116 Index, August 22, 1980

Title 31 TAC Chapter 116 Index, August 22, 1980

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

116 Rule

116.1 (131.08.00.001) Construction Permit
116.2 (131.08.00.002) Responsibility for Obtaining Permit
116.3 (131.08.00.003) Consideration for Granting a Permit to Construct and Operate
116.4 (131.08.00.004) Special Conditions
116.5 (131.08.00.005) Representations in Application for Permit
116.6 (131.08.00.006) exemptions
116.7 (131.08.00.007) Request for exemption
116.8 (131.08.00.008) Local Air Pollution Control Agencies
116.9 (131.08.00.009) Effective Date
116.10 (131.08.00.010) Public Notification and Comment Procedure

§ 116.1 (131.08.00.001) Construction Permit

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 must obtain a construction permit from the Texas Air Control Board before any actual work is begun on the facility. If a permit to construct is issued by the Board, the person in charge of the facility must apply for an operating permit within sixty days after the facility has begun operation, unless this sixty day period has been extended by the Executive Director.

§ 116.2 (131.08.00.002) Responsibility for Obtaining Permit

The owner of the facility or the operator of the facility authorized to act for the owner is responsible for applying for and obtaining a permit to construct and operate.

§ 116.3 (131.08.00.003) Consideration for Granting a Permit to Construct and Operate

(a) Permit to construct. In order to be granted a permit to construct, the owner or operator of the proposed facility shall submit information to the Texas Air Control Board which will demonstrate that all of the following are met:

(1) The emissions from 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, including protection of the health and physical property of the people.

(2) The emissions from the proposed facility will not cause significant deterioration of existing ambient air quality in the area.

(3) The proposed facility will have provisions for measuring the emission of significant air contaminants as determined by the Executive Director.

(4) The proposed facility will utilize the best available control technology, with consideration given to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility.

(5) The emissions from the proposed facility will meet, at least, the requirements of any applicable new source performance standards promulgated by the Environmental Protection Agency pursuant to authority granted under Section 111 of the Federal Clean Air Act, as amended.

(6) The emissions from the proposed facility will meet, at least the requirements of any applicable emission standard for hazardous air pollutants promulgated by the Environmental Protection Agency pursuant to authority granted under Section 112 of the Federal Clean Air Act, as amended.

(7) The proposed facility will achieve the performance specified in the application for a permit to construct. The applicant may be required to submit additional engineering data after a permit to construct has been issued in order to demonstrate further that the proposed facility will achieve the performance specified in the application for a permit to construct.

(8) All requirements of Section 129(a)(1) of the Clean Air Act Amendments of 1977 (PL 95-95). This provision shall not apply to new or modified facilities for which construction permits are issued after June 30, 1979.

(9) After June 30, 1979, the owner or operator of a proposed new facility which is a major stationary source of volatile organic compound emissions or which is a facility that will undergo a major modification with respect to VOC emissions and which is to be located in any area designated as nonattainment for ozone in accordance with Section 107 of the Federal Clean Air Act shall demonstrate that the following additional requirements are met:

(A) The proposed facility will comply with the lowest achievable emissions rate (LAER) as defined in Chapter 101 of this title (relating to General Rules).

(B) All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or under common control with the applicant) in the state are in compliance or on a schedule for compliance with all applicable state and federal emission limitations and standards.

(10) After June 30, 1979, the owner or operator of a proposed new facility which is a major stationary source of volatile organic compounds (VOC) or which is a facility that will undergo a major modification with respect to VOC emissions, and which is to be located in Bexar, Dallas, El Paso, Harris, Nueces or Tarrant County will provide information concerning his expected emissions to enable the Executive Director to determine that by the time the facility is to commence operation, total allowable emissions from existing facilities, from the proposed facility and from new or modified facilities which are not major sources in the area will be sufficiently less than the total VOC emissions from existing sources allowed in the area under the State Implementation Plan (SIP) prior to the application for the construction permit so as to represent reasonable further progress as defined in Chapter 101 of this title (relating to General Rules).

(11) The owner or operator of a proposed facility which will be a major stationary source of VOC emissions or will undergo a major modification and is to be located in any area designated as nonattainment for ozone in accordance with Section 107 of the Federal Clean Air Act for which regulations and a control strategy providing for attainment of the standard have not been approved by the U.S. E.P.A. shall demonstrate that total allowable VOC emissions from sources in the area will not increase as a result of the operation of the proposed facility.

(12) After June 30, 1979, the owner or operator of a proposed new facility to be located anywhere within the state that is a major stationary source of emissions of any air contaminant (other than volatile organic compounds (VOC)) for which a national ambient air quality standard has been issued or is a facility that will undergo a major modification with respect to emissions of any air contaminant (other than VOC), must meet the following additional requirements if the ambient air quality impact of the source's emissions would exceed a de minimis impact level as defined § 101.1 of the General Rules (relating to Definitions) in any area where the standard is exceeded or predicted to be exceeded.

(A) The proposed facility will comply with the lowest achievable emissions rate (LAER) as defined in § 101.1 of this title (relating to Definitions).

(B) All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or under common control with the applicant) in the State are to be in compliance or on a schedule for compliance with all applicable State and Federal emission limitations and standards.

(C) By the time the facility is to commence operation, total allowable emissions from existing facilities which have more than a de minimis impact on air quality in the same area as the proposed facility, from the proposed facility, and from new or modified facilities which are not major sources but which will have more than a de minimis impact on air quality in the same area as the proposed facility, will not cause the national air quality standard for that contaminant to be exceeded at any location and will not have more than a de minimis impact on air quality at any location where the standard is exceeded.

(13) The owner or operator of a proposed new facility in a designated nonattainment area which will be a major stationary source or a major modification of an existing facility for any air contaminant other than volatile organic compounds for which a national ambient standard has been issued must meet the following additional requirements regardless of the degree of impact of its emissions on ambient air quality if the facility is located in a designated nonattainment area, and is located on, or is contiguous to (except for intervening roadways) any property on which an ambient air quality standard is actually exceeded:

(A) The proposed facility will comply with the lowest achievable emissions rate (LAER) as defined in § 101.1 of this title (relating to Definitions) for the nonattaining pollutants.

(B) All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or under common control with the applicant) in the state are to be in compliance or on a schedule for compliance with all applicable state and federal emission limitations and standards.

(C) At the time the facility is to commence operation, total allowable emissions of the nonattainment pollutant in the nonattainment area will not increase as a result of the operation of the proposed facility.

(b) Permit to operate In order to be granted a permit to operate, the owner of the facility shall demonstrate that:

(1) The facility is complying with the Rules and Regulations of the Texas Air Control Board and the intent of the Texas Clean Air Act.

(2) The facility has been constructed and is being operated in accordance with the requirements for and conditions contained in the permit to construct.

(3) The facility is being operated in accordance with any applicable new source performance standards promulgated by the Environmental Protection Agency pursuant to authority granted under Section 111 of the Federal Clean Air Act, as amended.

(4) The facility is being operated in accordance with any applicable national emission standard for hazardous air pollutants promulgated by the Environmental Protection Agency pursuant to authority granted under Section 112 of the Federal Clean Air Act, as amended.

(c) Emission reductions: offset. At the time of application for a construction permit in accordance with this chapter, any applicant who has effected air contaminant emission reductions may also apply to the Executive Director to use such emission reductions to offset emissions expected from the source(s) for which the permit is sought provided that the following conditions are met:

(1) The emission reductions are not required by any provision of the Texas State Implementation Plan.

(2) The applicant furnished documentation at the time of his permit application to substantiate his claim of emission reductions previously effected. The following information must be included in the documentation:

(A) Location and identity of the source(s) where emissions are reduced.

(B) Chemical composition of emissions reduced.

(C) Date(s) when emission reductions occurred.

(D) Amount of emission reductions expressed in rates of tons per year and in pounds in hour.

(E) A complete description of the reduction method (i.e., source shutdown, process or operational change, type of control device, etc.).

(F) A certification by the applicant that the emission reductions have in fact been achieved and that the same reductions have not been used previously and will not be used subsequently to offset another source.

(G) Any other pertinent detailed descriptive information that may be requested by the Executive Director.

(d) Determination by Executive Director. The Executive Director may grant authority to a permit applicant to use prior emission reductions and emission reductions granted to the applicant by another entity (either public or private) in accordance with subsection(c) of this section if he determines that the prior emission reductions have, in fact, occurred and when considered with other emission reductions that maybe required by the permit, as well as contaminants that will be emitted by the new source, will result in compliance with subsection (a)(10), (11) and/or (12)(C) of this section (whichever is applicable), in the area where the new source is to be located. Prior, as well as future emission reductions to be used as offset will be made conditions for granting authority to construct the proposed new source and will be enforced.

(e) Records. The Executive Director will maintain no records of emission offset credits claimed by an applicant in accordance with subsection (c) of this section other than those contained in permit application and permit files. The applicant shall maintain all records necessary to substantiate claims of emission reductions and shall make such records available for inspection upon request of the Executive Director.

(f) Effective Date. This amended rule shall be effective thirty days after the filing of certified copies in the office of the Secretary of State.

§ 116.4 (131.08.00.004)Special Conditions

Permits to construct and operate may contain general and special conditions. The holders of construction and operating permits shall comply with any and all such conditions.

§ 116.5 (131.08.00.005) Representations in Application for Permit

All representations with regard to construction plans and operation procedures in an application for a permit to construct or a permit to operate become conditions upon which a subsequent permit to construct or operate are issued. It shall be unlawful for any person to vary from such representation 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 he first makes application to the Executive Director to amend his permit in that regard and such amendment is approved by the Executive Director.

§ 116.6 (131.08.00.006) Exemptions

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 exempted by the Executive Director of the Texas Air Control Board because such sources will not make a significant contribution of air contaminants to the atmosphere. A list of exemptions is available upon request from the Executive Director of the Board.

§ 116.7 (131.08.00.007) Request for exemption

For sources not currently on the exemption list specified in t.6 of this title (relating to exemptions), any person may request, in writing, the Executive Director to exempt a facility or type of facility. Unless a facility is exempted by the Executive Director of the Texas Air Control Board on the basis that such source will not make a significant contribution of air contaminants to the atmosphere, a permit to construct and operate must be obtained in accordance with the requirements of Sections 3.27 and 3.28 of the Texas Clean Air Act.

§ 116.8 (131.08.00.008) Local Air Pollution Control Agencies

Installations exempted 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.

§ 116.9 (131.08.00.009) Effective Date

The rules contained in this chapter shall be effective 30 days after filing with the Secretary of State, unless otherwise specified.

§ 116.10 (131.08.00.010) Public Notification and Comment Procedures

(a) Public Notification Procedures

(1) General Requirement. Within ten days of receipt of a completed construction permit application, as determined by the Executive Director of the Texas Air Control Board, the Executive Director shall mail a written notification to the permit applicant acknowledging receipt of the application, requiring the applicant to provide public notification of the proposed construction, specifying those air contaminants listed in the application and specifying certain agencies to be notified. The applicant shall provide such notification using each of the methods specified below.

(2) Publication in Public Notices Section of Newspaper. Notice of intent to construct shall be published in the public notice section of two successive issues of the newspaper of general circulation in the county where the proposed facility is to be located. The notice shall contain the information and be of the form specified in Exhibit A, which is attached hereto and made a part of this section.

Exhibit A
Newspaper Notices

To All Interested Persons and Parties

You are hereby notified of the opportunity for written public comment concerning the construction permit application no. (application number) by (company name) to construct a (type of facility) in (local city, local county), Texas. The proposed location is (location). This facility proposes to emit the following air contaminants (list of contaminants as specified in the permit application).

A copy of all materials submitted by the applicant is available for public inspection at the Texas Air Control Board Region (number) office at (address of Regional office), and at the Texas Air Control Board, 6330 Highway 290 East, Austin, Texas 78723. All interested persons shall have until (date - 30 days from notice publication date) to inspect these materials, submit written comments to the Executive Director, and/or request notification of the proposed agency action. All comments received in writing by the above date shall be considered by the Board in making its decision on the application. All comments will be made available for public inspection at the Texas Air Control Board office in Austin.

(3) Publication Elsewhere in the Newspaper. Another notice with a size of at least 7.5 by 12.5 centimeters (3 by 5 inches) shall be published in a prominent location elsewhere in the same issues of the newspaper and have the same content as the notice required by paragraph (2) of this subsection.

(4) Notification of Texas Air Control Board and Others. When newspaper notices are published in accordance with paragraphs (2) and (3) of this subsection, the permit applicant shall furnish a copy of such notices and date of publication to the Texas Air Control Board in Austin, Texas; the Environmental Protection Agency Regional Administrator in Dallas, Texas; all local air pollution control agencies with jurisdiction in the county in which the construction is to occur; and the air pollution control agency of any nearby state whose air quality may be adversely affected by the emissions from the new or modified facility. The Texas Air Control Board will notify the applicant of the specific agencies to be furnished a copy of the newspaper notice.

(5) exemption of Previously Permitted Facilities.

(A) Upon written request by the owner or operator of a facility which previously has received a permit from the Texas Air Control Board, the Executive Director may exempt the relocation of such facilities from the requirements of this rule if he finds: i) No indication that operation of the facility at the proposed new location will significantly affect ambient air quality; and ii) No indication that operation of the facility at the proposed new location will create a nuisance.

(B) Upon written request by the new owner of a facility which previously has received a permit from the Texas Air Control Board, the Executive Director may exempt the change of ownership of the facility from the requirements of this rule if he finds: i) There will be no change in the type of pollutants emitted; and ii) There will be no increase in the quantity of pollutants emitted.

(b) Comment Procedures.

(1) Comment Period. Interested persons may submit written comments on the construction permit application to the Executive Director. All such comments must be received in writing within thirty (30) days of the last publication date of the notices specified in subsections (a)(2) and (a)(3) of this section.

(2) Consideration of Comments. All written comments received by the Executive Director during the period specified in paragraph (1) of this subsection shall be considered in formulating proposed agency action. A record of all comments received shall be maintained, together with the agency analysis of such comments.

(3) Availability of Data. The complete construction permit application shall be available at the appropriate Texas Air Control Board Regional Office and at the Texas Air Control Board office in Austin, Texas during normal business hours. All portions of the permit application will be available for public inspection except those sections relating to confidential information. A summary of the agency evaluation of the permit application shall also be available for public review at the appropriate Texas Air Control Board Regional Office and at the Austin office after the proposed agency action on the permit application has been decided. Written comments submitted to the Executive Director and the agency analysis thereof shall be available for review during normal business hours at the Texas Air Control Board Austin office.

(4) Notification of Proposed Actions. Interested persons may submit a request to be notified of the proposed agency action. Such requests must be in writing and must be received by the Executive Director with the comment period specified in paragraph (1) of this subsection. Those persons requesting notification shall be notified in writing of the proposed agency action.

(5) Comments on Proposed Action. Comments on the proposed agency action on a construction permit application will be accepted by the Executive Director within the thirty (30) calendar day period following the mailing of the notice of the proposed action to those requesting such notice in accordance with paragraph (4) of this subsection and shall be considered by him in making his final decision to issue or deny the permit to construct.

(6) Waiver of Comment Period. If no request to be notified of the proposed agency action is received in the period specified in paragraph (4) of this subsection, the Executive Director may proceed without additional delay to issue or deny the permit based upon his evaluation of the application and of any written comments received during the comment period specified in paragraph (1) of this subsection.

(c) Notification of Final Action.

(1) Notification of Applicant. The Executive Director shall notify the applicant for a construction permit as expeditiously as possible of his final decision to grant or deny the permit.

(2) Notification of Commenters. Persons submitting written comments in accordance with subsections (b)(1) or (b)(5) of this section will be notified of the Executive Director's final decision at the same time that the applicant is notified.

(d) Notification of New Determinations as to Best Available Control Technology. If the requirements of any permit will incorporate a new determination of best available control technology pursuant to § 116.3(a)(6) of this title (relating to Consideration for Granting a Permit to Construct and Operate) which may affect a class or category of sources, the Executive Director shall so notify the public by publication of a notice in the Texas Register at least 15 days prior to the issuance of any such permit.

(e) Effective Date. This rule shall be effective one hundred twenty (120) days after the filing of certified copies in the office of the Secretary of State and shall apply only to applications for permits to construct received on or after the effective. date.


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