Title 0 TAC 116.716 - 760, October 4, 1995
Subchapter G Flexible Permits
§ 116.716 Emission Caps and Individual Emission Limitations
§ 116.717 Implementation Schedule for Additional Controls
§ 116.718 Significant Emission Increase
§ 116.720 Limitation on Physical and Operational Changes
§ 116.721 Amendments and Alterations
§ 116.722 Distance Limitations
§ 116.730 Compliance History
§ 116.740 Public Notice and Comment
§ 116.750 Flexible Permit Fee
§ 116.760 Flexible Permit Renewal
(a) Emission caps. Each emission cap for a specific pollutant will be established as follows:
(1) emissions will be calculated for each facility based on application of current Best Available Control Technology at expected maximum capacity;
(2) the calculated emissions will be summed.
(b) Individual emission limitations. An individual emission limitation will be established in the same permit for each pollutant not covered by an emission cap for facilities covered by the flexible permit. In addition, an individual emission limitation may be established for a pollutant covered by an emission cap when the expected capacity of a facility is less than the expected maximum capacity to prevent a facility from exceeding emission levels appropriate for the proposed controls.
(c) Readjustment of emission cap. If a facility subject to an emission cap is shut down for a period longer than 12 months, the emission cap shall be readjusted by lowering the emission cap by an amount that the shut down facility contributed to the original calculation of the emission cap. If a new facility is brought into the flexible permit, an emission cap shall be adjusted by modifying the emissions cap accordingly.
(d) Insignificant emission factor. The emission caps and individual emissions limitation calculated pursuant to this section may include an Insignificant Emissions Factor which does not exceed 9.0% of the total emission cap or individual emission limitation.
(e) An emission cap will be readjusted downward for any facility covered by a flexible permit if that facility becomes subject to any new state or federal regulation which would lower emissions or require an emission reduction. The adjustment will be made at the time the flexible permit is amended or altered. If an amendment to a flexible permit is not required to meet the new regulation, then within 60 days of making the change, the permittee must submit a request to alter the permit and include information describing how compliance with the new requirement will be demonstrated.
If a facility requires the installation of additional controls to meet an emission cap for a pollutant, the flexible permit shall specify an implementation schedule for such additional controls. The permit may also specify how the emission cap will be adjusted if such a facility is taken out of service or fails to install the additional control equipment as provided by the implementation schedule.
An increase in emissions from operational or physical changes at an existing facility covered by a flexible permit is insignificant, for the purposes of state new source review under this subchapter, if the increase does not exceed either the emission cap or individual emission limitation. This section does not apply to an increase in emissions from a new facility nor to the emission of an air contaminant not previously emitted by an existing facility.
Neither operational nor physical changes authorized under this subchapter may result in an increase in actual emissions at facilities not covered by the flexible permit unless those affected facilities are authorized pursuant to § 116.110 of this title (relating to Applicability).
(a) Flexible permit amendments. All representations with regard to construction plans and operation procedures in an application for a flexible permit, as well as any general and special provisions attached, become conditions upon which the subsequent flexible permit is issued. It shall be unlawful for any person to vary from such representation or flexible permit provision if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in a significant increase in emissions, unless application is made to the executive director to amend the flexible permit in that regard and such amendment is approved by the executive director or the Texas Natural Resource Conservation Commission (TNRCC). Applications to amend a flexible permit shall be submitted with a completed Form PI-1 and are subject to the requirements of § 116.711 of this title (relating to Flexible Permit Application).
(b) Flexible permit alterations.
(1) A flexible permit alteration is for any variation from a representation in a flexible permit application or a general or special provision of a flexible permit that does not require a flexible permit amendment.
(2) All flexible permit alterations which may involve a change in a general or special condition contained in the flexible permit, or affect control equipment performance, must receive prior approval by the executive director. The executive director shall be notified in writing of all other flexible permit alterations within ten days of implementing the change, unless the permit provides for a different method of notification. Any flexible permit alteration request or notification 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 § 116.711 of this title, including the protection of public health and welfare. The appropriate TNRCC Regional Office and any local air pollution program having jurisdiction shall be provided copies of all flexible permit alteration documents.
(3) Flexible permit alterations shall not be subject to the requirements of Best Available Control Technology identified in § 116.711(3) of this title.
(c) Changes not requiring an amendment or alteration. The following changes do not require an amendment or alteration, except that an amendment is required if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in a significant increase in emissions:
(1) a change in throughput; or
(2) a change in feedstock.
(d) Standard exemption in lieu of permit amendment or alteration.
(1) 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 provision as provided in § 116.715 of this title (relating to General and 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.
(2) Emission increases authorized by standard exemption at an existing facility covered by a flexible permit shall not cause an exceedance of the emissions cap or individual emission limitation.
No flexible permit may be issued unless the distance and location restrictions found in § 116.117 of this title (relating to Distance Limitations) are met.
As part of a flexible permit review, or the review of an amendment of a flexible permit, or renewal of an existing flexible permit, the provisions found in the undesignated head regarding Compliance History in Subchapter B of this chapter shall be applicable to the facility, group of facilities, or account being permitted, amended, or renewed.
Any person who applies for a flexible permit or an amendment to a flexible permit shall comply with the provisions in the undesignated head regarding Public Notification and Comment Procedures in Subchapter B of this chapter.
(a) Fees required. Any person who applies for a flexible permit or for an amendment to an existing flexible permit shall remit, at the time of application for such permit, a fee as set forth in subsection (b) of this section. Fees will not be charged for flexible permit alterations, changes of ownership, or changes of location of permitted facilities.
(b) Fee amounts. The fee to be remitted with a flexible permit application shall be based on the total annual allowable emissions from the permitted facility, group of facilities, or account for which the flexible permit is being sought. The fee shall be $25 per ton with the minimum fee being $450 and the maximum fee $75,000. For flexible permit amendments, the fee shall be calculated based on $25 per ton for the incremental emission increase with the maximum fee being $75,000.
(c) Payment of fees. All permit fees for a flexible permit shall 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 application for flexible permit or flexible permit amendment to the TNRCC Office of Air Quality New Source Review Program. Required fees must be received before the agency will begin examination of the application.
(d) Return of fees. Fees must be paid at the time an application for a flexible permit or flexible permit amendment is submitted. If the applicant withdraws the application prior to issuance of the flexible permit or flexible permit amendment, one-half of the fee will be refunded, except that the entire fee will be refunded for any such application for which a standard exemption is allowed. No fees will be refunded after a deficient application has been voided, denied, or after a flexible permit or flexible permit amendment has been issued by the agency.
Flexible permits will be renewed in accordance with Subchapter D of this chapter (relating to Permit Renewals).
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