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You are here: Home / Permitting / Air Permits / PermitByRule / Historical Rules / old116 / 1095 / Title 30 TAC 116.116 - 117, October 4, 1995

Title 30 TAC 116.116 - 117, October 4, 1995

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

Subchapter B New Source Review Permits - October 4, 1995

§ 116.116. Amendments and Alterations
§ 116.117. Distance Limitations.

116.116 Amendments and Alterations

(a) Permit amendments. All representations with regard to construction plans and operation procedures in an application for a permit, special permit, or special exemption, as well as any general and special conditions attached to the permit or special exemption itself, become conditions upon which the subsequent permit, special permit or special exemption are issued. It shall be unlawful for any person to vary from such representation or permit condition 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 emission, unless application is made to the Executive Director to amend the permit or special permit in that regard and such amendment is approved by the Executive Director or the Texas Natural Resource Conservation Commission. Applications to amend a permit or special permit shall be submitted with a completed Form PI-1 and are subject to the requirements of § 116.111 of this title (relating to General Application).

(b) Permit alterations.

(1) A permit alteration is:

(A) any variation from a representation in a permit application that does not involve an increase in emission rates or a change in the character or method of control of emissions; or

(B) for any change in a general or special condition of a permit that does not involve an increase in emission rates or a change in the character or method of control of emissions;

(2) All requests for permit alterations which may result in an increase in off-property concentrations of air contaminants, involve a change in permit conditions, or affect facility or control equipment performance must receive prior approval by the executive director. The executive director shall be notified in writing of all other permit alterations. Any request for permit alteration shall include information sufficient to demonstrate that the change does not interfere with the owner or operator's previous demonstrations of compliance with the requirements of § 116.111 of this title.

(3) Permit alterations shall not be subject to the requirements of Best Available Control Technology identified in § 116.111(3) of this title.

(c) Standard exemption in lieu of permit amendment or alteration. Notwithstanding subsections (a) or (b) of this section, no permit amendment or alteration is required if the changes to the permitted facility qualify for an exemption under Subchapter C of this chapter (regarding Permit exemptions) unless prohibited by permit condition as provided in § 116.115 of this title (relating to Special Conditions). All such exempted changes to a permitted facility shall be incorporated into that facility's permit at such time as the permit is amended or renewed.

116.117 Distance Limitations

(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.


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