std617.txt
std617.txt — 2.4 KB
File contents
Texas Natural Resource Conservation Commission Interoffice Memorandum To: New Source Review Permits (NSRP) Technical Staff Date: May 18, 1998 From: Victoria Hsu, P.E., NSRP Division Director Subject: Voluntary addition/replacement of control under 116.617, circumvention, and use of exemptions 1. Control added or changed voluntarily under Standard Permit 116.617 may not meet current "best available control technology" standards. Example: A flare is installed which meets a SIP requirement, but does not satisfy the conditions of 40 CFR 60.18. If that is the case, the representative of the company registering the facility(ies) should be alerted both prior to issuance of the standard permit and in the language of the permit letter itself that this may cause future permitting problems. The prospective impact on possible future SB 1126 changes should also be stated if the control does not meet "10 Year BACT." 2. Voluntary additions of or changes to control under Standard Permit 116.617 are being claimed in conjunction with exemptions, particularly process changes under 106.261 (old 106) and 106.262 (old 118) where an exemption condition prohibits change to or addition of control equipment. a. Example: A petroleum fuel bulk plant replaces a flare with a regenerative carbon adsorption unit, prior to increasing throughput (CAS is BACT.). An exemption claim relying upon the addition of or change in method of control meeting current BACT will be recognized if the 116.617 registration has been made, our standard permit letter has been issued, and the exemption claim meets all other applicable requirements. b. Example: A tank currently vented to the atmosphere will be vented to a lean oil absorber (not BACT), and subsequently see a change of service to a low ESL compound. 116.610(c) and 106.4(b) both prohibit circumvention of the permitting requirements of 116.610, which includes the requirement for the use of Best Available Control Technology. Rules 116.617(4), (5) and (7) place strict limits on what facility additions or changes may be made under this standard permit. If a control addition or change is made that does not meet current BACT, and an exemption claim relying on the addition or change is made immediately after the 116.617 standard permit is issued, the claim shall be forwarded through your section manager to the division manager for a circumvention determination.