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Title 30 TAC 116.211 - 213, October 4, 1995

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

Subchapter C Permit exemptions

§ 116.211 Standard exemption List
§ 116.212 Public Notification and Comment Procedures
§ 116.213 Registration of Emissions

116.211 Standard exemption List

(a) Pursuant to the Texas Clean Air Act (TCAA), § 382.057, the facilities or types of facilities listed in the Standard exemption List, dated September 6, 1995, are exempt from the permit requirements of the TCAA, § 382.0518, because such facilities will not make a significant contribution of air contaminants to the atmosphere. A facility shall meet the following conditions to be exempt from permit requirements.

(1) Total actual emissions authorized under standard exemption from the proposed facility shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOx), or 25 tpy of volatile organic compounds (VOC) or sulfur oxides (SO2) or inhalable particulate matter (PM10), or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.

(2) Total actual emissions authorized under standard exemption from the proposed facility which is located in a nonattainment area shall not exceed the following limits for each nonattainment pollutant:

(A) the applicable major modification threshold for CO in the definition of "major modification" in § 116.12 of this title (relating to Nonattainment Review Definitions).

(B) 25 tpy of SO2,

(C) 15 tpy of PM10

(D) In an ozone nonattainment area, the applicable major modification threshold of NOx in Table 1 of the definition of "major modification" in § 116.12 of this title.

(3) Total actual emissions authorized under standard exemption from the property where the proposed facility is to be located shall not exceed 250 tpy of CO, or NOx, or 25 tpy of VOC, or SO2, or PM10, or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen, unless at least one facility at such property has been subject to public notification and comment as required in Subchapter B or Subchapter D of this chapter (relating to Public Notification and Comment Procedures) or the pertinent Chapter 116 procedures that were in effect at the time.

(4) Construction or modification of the facility shall be commenced prior to the effective date of a revision of the Standard exemption List under which the construction or modification would no longer be exempt.

(5) The proposed facility shall comply with the applicable provisions of the FCAA, § 111 (regarding Federal New Source Performance Standards) and § 112 (regarding Hazardous Air Pollutants), and the new source review requirements of the FCAA Part C and Part D and regulations promulgated thereunder.

(6) There are no permits under the same Texas Natural Resource Conservation Commission (TNRCC) account number that contain a condition or conditions precluding use of the standard exemption or standard exemptions.

(b) Notwithstanding the provisions of this section, any facility which constitutes a new major source, or any modification which constitutes a major modification under nonattainment review or Prevention of Significant Deterioration review as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, shall be subject to the requirements of &# 116.110 of this title (relating to Applicability) rather than this section.

(c) No person shall circumvent by artificial limitations the requirements of § 116.110 of this title.

(d) The emissions from the facility shall comply with all rules and regulations of the TNRCC and with the intent of the TCAA, including protection of health and property of the public and all emissions control equipment shall be maintained in good condition and operated properly during operation of the facility.

(e) Copies of the current Standard exemption List are available from the TNRCC, Air Quality Planning Annex, located at 12118 North IH-35 Park 35 Technology Center, Building A, Austin, Texas 78753, and at all TNRCC regional offices.

(f) Installations exempted by the TNRCC may be required by local air pollution control agencies to receive a permit or permits from that agency, or register with that agency. Any such requirements must be in accordance with the TCAA, § 382.113, and any other applicable law.

116.212 Public Notification and Comment Procedures

Facilities constructed under the Standard exemption List that consist of permanently or temporarily located concrete plants that accomplish wet batching, dry batching, or central mixing, or specialty wet batch, concrete, mortar, grout mixing, or pre-cast concrete products, shall conduct public notice of the proposed construction unless exempted from public notice requirements by the Texas Clean Air Act (TCAA), § 382.058(b). In all cases, public notice shall include the information specified in paragraph (1)(A) and (B) of this section.

(1) Public notification procedures.

(A) Publication in public notices section of a newspaper. At the applicant's expense, notice of intent to construct shall be published in the public notice section of two successive issues of a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility. The notice shall contain the following information:

(i) application number;

(ii) company name;

(iii) type of facility;

(iv) description of the location of facility or proposed location of the facility;

(v) contaminants to be emitted;

(vi) location and availability of copies of the completed application;

(vii) public comment period;

(viii) procedure for submission of public comments concerning the proposed construction;

(ix) notification that a person residing within 1/4 mile of the proposed plant is an affected person who is entitled to request a hearing in accordance with Texas Natural Resource Conservation Commission (TNRCC) rules; and

(x) name, address, and phone number of the regional TNRCC office to be contacted for further information.

(B) Publication elsewhere in the newspaper. Another notice with a size of at least 96.8 square centimeters (15 square inches) and whose shortest dimension is at least 7.6 centimeters (three inches) shall be published in a prominent location elsewhere in the same issues of the newspaper and shall contain the information specified in paragraph (1)(A)(i)-(iv) of this section and note that additional information is contained in the notice published pursuant to paragraph (1)(A) of this section in the public notice section of the same issue.

(2) Comment procedures.

(A) Comment period. Interested persons may submit written comments to the executive director, including requests for public hearings pursuant to the TCAA, § 382.056, on the executive director's preliminary decision to issue or not to issue the standard exemption. All such comments and hearing requests must be received in writing within 15 days of the last publication date of the notices specified in paragraph (1)(A) and (B) of this section. Any requests for a contested case hearing shall include a brief, but specific, written statement of interest and basis for challenging the application. Such statement shall convey in plain language the requestor's location relative to the proposed facility, why the requestor believes he or she will be affected by emissions from the proposed facility, what the requestor's concerns are about the emissions from the proposed facility, and how the requestor believes emissions from the facility will affect him or her if permitted. This statement shall not be used as the basis for denial of party status in any contested case hearing. Party status determinations will be made based on evidence developed at the initial prehearing conferences.

(B) Consideration of comments. All written comments received by the executive director during the period specified in subparagraph (A) of this paragraph shall be considered in determining whether to issue or not to issue the standard exemption. The executive director shall make record of all comments received together with the agency analysis of such comments available for public inspection during normal business hours at the Austin office of the TNRCC and appropriate regional office.

116.213 Registration of Emissions

An applicant may certify and register the maximum emission rates from the facilities qualifying for a standard exemption in order to establish enforceable allowable emission rates which are below those allowed in § 116.211 of this title (relating to Standard exemption List). All representations with regard to construction plans, operating procedures, and maximum emission rates in any specially certified registration for a standard exemption become conditions upon which the exempt facility shall be constructed and operated. It shall be unlawful for any person to vary from such representation if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions, unless the registration is first revised. The special certification must include documentation of the basis of emission estimates and a written statement by the registrant certifying that the maximum emission rates listed on the registration reflect the reasonably anticipated maximums for operation of the facility. The specially certified registration shall be maintained on-site and be provided immediately upon request by representatives of the Texas Natural Resource Conservation Commission or any air pollution control agency having jurisdiction. Copies of the certified registration shall be included in applications for permits for any subsequent projects that are subject to review under the undesignated heads in Subchapter B concerning prevention of significant deterioration review and nonattainment review.

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