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Title 30 TAC Chapter 116 Rule Change, May 22, 1997

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

Permanent Rule Adoption

Chapter 116
Subchapter F § § 116.610, 116.611, 116.615, 116.617

1. Purpose. This change transmittal provides the page(s) that reflect changes and addition to the Texas Natural Resource Conservation Commission (commission) Volume of Permanent Rules.

2. Explanation of Change. The commission adopted amendments to § § 116.610, 116.611, 116.615; a new § 116.617; the repeal of existing § 116.617, concerning Standard Permits, and revisions to the State Implementation Plan (SIP) regarding these amendments, repeal, and new section. Since the changes to § 116.617, concerning Standard Permit for Pollution Control Projects, were extensive, the commission determined that it was administratively more efficient to repeal § 116.617 and replace it with a new § 116.617. These changes are part of a consolidation of the three standard air permits for pollution control facilities, previously located in Chapters 115, 116, and 117, into a single location in Chapter 116. Adopted with changes as published in the December 6, 1996 issue of theTexas Register (21 TexReg 11744) are § § 116.610, 116.611, 116.615 and 116.617. Section 116.617 is repealed without changes and will not be republished.

3. Effect of Change. The commission defines "project" for purposes of § 116.610, concerning Applicability. The definition has been added to reflect the regulatory intent of the term in this subchapter. A project may include the construction or modification of a single facility or the construction or modification of a group of facilities. Examples of projects are: the installation of a single facility such as a flare or the installation of a group of facilities such as a gas production plant. The use of this definition is intended to prevent projects from being artificially separated for the purposes of circumventing Chapter 116 permitting requirements.

The revisions to § 116.611, concerning Registration Requirements, reformat the section, establish that a particular standard permit may provide for a different registration period, and add subsection (c), which provides a consistent process by which a person can affirmatively establish a federally enforceable emissions limit. Revisions to terminology are made to be consistent with commission rule drafting guidelines.

The revisions to § 116.615, concerning General Conditions, delete paragraph (4), which relates to the voiding of a standard permit for failure to construct. Voiding a standard permit has no practical effect, since the registrant could reclaim the standard permit at any time. The revisions renumber paragraphs (5)-(11) as (4)-(10). Newly renumbered paragraphs (4) and (5) are revised to clarify that a particular standard permit may modify the requirements of these paragraphs. Terminology is revised to more accurately reflect that standard permits are authorized by rule and to provide consistency with commission rule drafting guidelines.

The adoption of new § 116.617, concerning Standard Permit for Pollution Control Projects, carries through the commission's previous decision to place each standard permit in a separate section, and the title reflects the current substance of the section.

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