Title 30 TAC 116.110 - 115, May 15, 1997
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. 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), satisfy the conditions for a standard permit pursuant to the requirements in Subchapter F of this chapter (relating to Standard Permits), satisfy conditions for a flexible permit pursuant to the requirements in Subchapter G of this chapter (relating to Flexible permits), 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 or an existing flexible 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 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;
(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 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) Lead smelters. Pursuant to the Texas Clean Air Act, § 382.053, a permit shall not be issued for a new lead smelting plant at a site located within 3,000 feet of the residence of any individual and at which lead smelting operations have not been conducted before August 31, 1987. This subsection does not apply to a modification of a lead smelting plant in operation on or before August 31, 1987, to a new lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead per hour, or to a lead smelting plant that was located more than 3,000 feet from the nearest residence when the plant began operations.
(b) 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.
(1) 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.
(2) 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.
(3) For a subsequent areal expansion of a new commercial hazardous waste management facility that is required to comply with paragraph (2) of this subsection, 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.
(4) No permit shall be issued for a new commercial hazardous waste management facility that is proposed to be located within 1/2 mile (2,640 feet) from an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park, at any distance beyond the facility's property boundaries, 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.
(5) The measurement of distances required by paragraphs (1) - (4) of this subsection 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 Texas Natural Resource Conservation Commission. The restrictions imposed by paragraphs (1) - (4) of this subsection do not apply to a residence, church, school, day care center, surface water body used for a public drinking water supply, a dedicated public park located within the boundaries of a commercial hazardous waste management facility, or property owned by the permit applicant.
(6) The measurement of distances required by paragraphs (1) - (4) of this subsection 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 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 conditions. The holders of permits, special permits, standard permits, and exemptions shall comply with any and all such conditions. 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 be come 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 condition which states that the permittee must obtain written approval from the Executive Director before constructing a source under a standard exemption or standard permit.
(b) Holders of permits issued or amended prior to August 16, 1994, shall comply with the general conditions attached to the permit. For permits issued or amended after August 16, 1994, the following general conditions shall be applicable, but may not be specifically stated within the permit document.
(1) Voiding of permit. A permit or permit amendment under this chapter is automatically void if the holder fails to begin construction within 18 months of date of issuance, 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;
(2) Construction Progress. Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office of the Texas Natural Resource Conservation Commission (TNRCC or Commission) not later than 15 working days after occurrence of the event.
(3) Start-up notification. The appropriate air program regional office of the commission shall be notified prior to the commencement of operations of the facilities authorized by the 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..
(4) Sampling requirements. If sampling of stacks or process vents is required, the permit holder shall contact the TNRCC office of Air Quality 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 permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.
(5) Equivalency of methods. It shall be the responsibility of the 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 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.
(6) Recordkeeping. A copy of the permit along with information and data sufficient to demonstrate compliance with the permit shall be maintained in a file at the plant site and made available at the request of personnel from the TNRCC 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 permit holder in the permit application. This information shall include, but is not limited to, production records and operating hours. Additional recordkeeping requirements may be specified in special conditions attached to the permit. Information in the file shall be retained for at least two years following the date that the information or data is obtained.
(7) Maximum allowable emission rates. The total emissions of air contaminants from any of the sources of emissions listed in the table entitled "Emission Sources--Maximum Allowable Emission Rates" shall not exceed the values stated on the table attached to the permit
(8) Maintenance of emission control. The facilities covered by the 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).
(9) Compliance with rules. Acceptance of a permit by a 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 permit. If more than one state or federal rule or regulation or permit condition are applicable, then 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 permit.
(c) There may be additional special conditions attached to a permit upon issuance or modification of the permit. Such conditions in a permit may be more restrictive than the requirements of Title 30 of the Texas Administrative Code.
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