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         Texas Natural Resource Conservation Commission
                     Interoffice Memorandum

To:  All New Source Review (NSR) Staff
From:  Jeff Saitas, P.E., NSR Program Director
Date:  July 21, 1994
Subject:  New Permit Face and Permit Conditions

Recent statutory changes require that all permit conditions of
general applicability be included in the regulations.  Several
general conditions, currently used in permits, have gone
through rule-making in order to satisfy this requirement and
have been incorporated into TNRCC Regulation VI section
116.115.  

A new permit face is provided as an attachment.  The new
permit face is needed because the previous permit face
contains general conditions which were not provided for in the
regulations.  The new permit face replaces the previously used
permit face and also incorporated previously used General
Provisions one through six.  Permits issued prior to August
16, 1994 will comply with the general provisions previously
attached to the permit.  Permits and permit amendments issued
on and after August 16, 1994 will receive the new permit face.

Permits issued after the above will no longer contain General
and Special Provisions, but instead contain General Conditions
on the permit face and Special Conditions as an attachment. 
A new permit face will be issued for each permit action.  The
word "provision" has been dropped in favor of the word
"condition" to be more consistent with other language in the
regulations.  Fugitive monitoring programs and other provision
previously placed in the General Provisions section of a
permit, will now be in the Special Conditions section of the
permit.  

If you have any questions, please contact Alan Pegues, Kim
Young or Erik Hendrickson.  

Attachment
Texas Natural Resource Conservation Commission

           Air Quality Permit

      A Permit Is Hereby Issued to

Authorizing the Construction and Operation of

            to Be Located at


1.  The facilities covered by this permit shall be constructed
    and operated as specified in the application for the
    permit.  All representations regarding construction plans
    and operation procedures contained in the permit
    application shall be conditions upon which the permit is
    issued.  Variations from these representations shall be
    unlawful unless the permit holder first makes application
    to the Executive Director of the Texas Natural Resource
    Conservation Commission (TNRCC) to amend this permit in
    that regard and such amendment is approved. (30 TAC
    116.116)

2.  Voiding of permit.  A permit or permit amendment 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 onetime 18-month extension
    of the date to begin construction. (30 TAC 116.115(b)(1)).

3.  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. (30
    TAC 116.115(b)(2)). 

4.  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. (30 TAC 116.115(b)(3)).

5.  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. (30 TAC 116.115(b)(4)).

6.  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. (30 TAC 116.115(b)(5)).

7.  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. (30 TAC
    116.115(b)(6)).

8.  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. (30 TAC
    116.115(b)(7)).   

9.  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). (30 TAC 116.115(b)(8)).   

10.  Compliance with rules.  Acceptance of a permit by a
     permit applicant constitutes an acknowledgement and
     agreement that the holder will comply with all rules,
     regulations, and orders of the Commission issued in 
     conformity with the Texas Clean Air Act 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. (30 TAC 116.115(b)(9)).   

11.  This permit may be appealed pursuant to Rule 103.81 of
     the Procedural Rules of the TNRCC and Section 382.032 of 
     the TCAA.  Failure to take such appeal constitutes
     acceptance by the applicant of all terms of the permit.
     (Tex. Gov't. Code Ann. 2001, et seq.)

12.  This permit may not be transferred, assigned or conveyed
     by the holder except as provided by rule. (30 TAC 
     116.110(c)).

13.  This permit expires 10 years from date of issuance unless
     renewed as provided in Section 382.055 of the TCAA unless
     a shorter time period is specified in the special
     conditions of this permit.

14.  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. (30 TAC 116.115(c))

15.  Emissions from this facility must not cause or contribute
     to a condition of 'air pollution' as defined in Section 
     382.003(3) of the Texas Clean Air Act (TCAA) or violate
     Section 382.085 of the TCAA.  If the Executive Director
     determines that such a condition or violation occurs, the
     holder shall implement additional abatement measures as
     necessary to control or prevent the condition or
     violation. 


Permit ___________  Date__________       ___________________
                                         Executive Director
                                         TNRCC