perface.txt
perface.txt
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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