reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.221 - Procedures for Significant Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Changes requiring a significant permit
					 revision shall not be operated before the permit is revised. For those changes,
					 the permit holder shall do the following:
(1)
					 comply with Chapter 116 of this title (relating to Control of Air Pollution by
					 Permits for New Construction or Modification); and
(2) submit to the executive director a
					 request for a permit revision including the information required in §
												122.220
					 of this title (relating to Applications for Significant Permit
					 Revisions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.222 - Operational Flexibility and Off-Permit Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may make changes at
					 a permitted site without applying for or obtaining a permit revision provided
					 that the following conditions are met:
(1)
					 the changes are not modifications under FCAA, Title I;
(2) the changes are allowed under FCAA,
					 §502(b)(10);
(3) the changes
					 do not exceed the emissions limitation under the permit; and
(4) the owner or operator has obtained any
					 applicable preconstruction authorization. Such preconstruction authorization
					 cannot be a modification under FCAA, Title I.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 3 - PERMIT REOPENINGS › Section 122.231 - Permit Reopenings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 executive director shall reopen a permit for cause. Cause shall be limited to
					 one or more of the following:
(1) the
					 promulgation or adoption of a new applicable requirement affecting emission
					 units at the site, unless one of the following applies:
(A) the new requirement is incorporated into
					 a permit which addresses the emission unit subject to the new
					 requirement;
(B) the effective date
					 of the requirement is later than the date on which the permit is due to expire,
					 unless the original permit or any of its terms and conditions has been extended
					 pursuant to §§
													122.133 of
					 this title (relating to Timely Application) or §
													122.134 of
					 this title (relating to Complete Application); or
(C) the remaining permit term is less than
					 three years;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 4 - PERMIT RENEWALS › Section 122.241 - Permit Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) The permit
					 shall expire no later than five years from initial issuance or
					 renewal.
(b) The permit holder
					 shall submit a timely and complete application under §
											122.133 and
					 §
											122.134 of
					 this title (relating to Timely Application and Complete Application) for
					 renewal.
(c) The executive director
					 shall provide written notice to the permit holder that the permit is scheduled
					 for review.
(1) The notice will be provided by
					 mail or electronic communication no later than 12 months before the expiration
					 of the permit.
(2) The notice shall
					 specify the procedure for submitting an application.
(3) Failure to receive notice does not affect
					 the expiration date of the permit or the requirement to submit a timely and
					 complete application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 4 - PERMIT RENEWALS › Section 122.243 - Permit Renewal Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit
					 may be renewed by the executive director only if all of the following
					 conditions have been satisfied:
(1) the
					 executive director has received a complete permit application under §
												122.134 of
					 this title (relating to Complete Application);
(2) the conditions of the permit will provide
					 for compliance with all requirements of this chapter;
(3) the requirements of this chapter for
					 public notice, affected state review, notice and comment hearing, and EPA
					 review have been satisfied.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.312 - Public Announcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Public
				  announcement requirements apply to minor permit revisions.
(b) The executive director shall publish an
				  announcement of a draft permit for a minor permit revision on the commission's
				  publicly accessible electronic media. The announcement shall contain the
				  following:
(1) permit application
				  number;
(2) permit holder's name
				  and address;
(3) description of the
				  location of the site;
(4) the
				  location and availability of the following:
(A) copies of the complete permit
				  application;
(B) the draft
				  permit;
(C) all other relevant
				  supporting materials in the public files of the agency;
(5) a description of the comment procedures,
				  including the duration of the public announcement comment period; and
(6) name, address, and phone number of the
				  commission office to be contacted for further information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.320 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Public notice
				  requirements apply to initial issuances, significant permit revisions,
				  reopenings, and renewals.
(b) The
				  executive director shall direct the applicant to publish a notice of draft
				  permit and preliminary decision, at the applicant's expense, in the public
				  notice section of one issue of a newspaper of general circulation in the
				  municipality in which the site or proposed site is located, or in the
				  municipality nearest to the location of the site or proposed site. The
				  executive director shall direct the applicant to make a copy of the
				  application, draft permit, and statement of basis available for review and
				  copying at a public place in the county in which the site is located or
				  proposed to be located. The notice shall contain the following information:
(1) the permit number;
(2) the applicant's or permit holder's name,
				  address, and telephone number and a description of the manner in which a person
				  may contact the applicant or permit holder for further information;
(3) a description of the location of the site
				  or proposed location of the site;
(4) a description of the activity or
				  activities involved in the permit application;
(5) for significant permit revisions, the air
				  pollutants with emission changes;
(6) the location and availability of the
				  following:
(A) the complete permit
				  application;
(B) the draft
				  permit;
(C) the statement of basis;
				  and
(D) all other relevant
				  supporting materials in the public files of the agency;
(7) a description of the comment procedures,
				  including the duration of the public notice comment period and procedures to
				  request a hearing printed in a font style or size that clearly provides
				  emphasis and distinguishes it from the remainder of the notice;
(8) a statement that a person who may be
				  affected by the emission of air pollutants from the site is entitled to request
				  a notice and comment hearing printed in a font style or size that clearly
				  provides emphasis and distinguishes it from the remainder of the
				  notice;
(9) a description of the
				  procedure by which a person may be placed on a mailing list in order to receive
				  additional information about the application or draft permit;
(10) if applicable, the time and location of
				  any public meeting; and
(11) the
				  name, address, and phone number of the commission office to be contacted for
				  further information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.330 - Affected State Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Affected state
				  review requirements apply to initial issuances, minor permit revisions,
				  significant permit revisions, reopenings, and renewals.
(b) An affected state may be New Mexico,
				  Oklahoma, Kansas, Colorado, Arkansas, or Louisiana if either of the following
				  criteria are satisfied:
(1) The state is
				  contiguous to Texas and the state's air quality may be affected by the issuance
				  or denial of a federal operating permit, revision, or renewal; or
(2) The state is within 50 miles of the site
				  or proposed site.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.340 - Notice and Comment Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice and comment hearing requirements apply to initial issuances, significant
				  permit revisions, reopenings, and renewals.
(b) Any hearing regarding a permit will be
				  conducted under the procedures in this section, and not under the
				  APA.
(c) Any person who may be
				  affected by emissions from a site regulated under this chapter may request the
				  executive director to hold a hearing on the draft permit. The request must be
				  made during the 30-day public comment period.
(d) The executive director shall decide
				  whether to hold a hearing. The executive director is not required to hold a
				  hearing if the basis of the request by a person who may be affected by
				  emissions from a site is determined to be unreasonable. If a hearing is
				  requested by a person who may be affected by emissions from a site regulated
				  under this chapter, and that request is reasonable, the executive director
				  shall hold a hearing.
(e) At the
				  applicant's expense, notice of a hearing on a draft permit must be published in
				  the public notice section of one issue of a newspaper of general circulation in
				  the municipality in which the site or proposed site is located, or in the
				  municipality nearest to the location of the site or proposed site. The notice
				  must be published at least 30 days before the date set for the hearing. The
				  notice must include the following:
(1) the
				  time, place, and nature of the hearing;
(2) a brief description of the purpose of the
				  hearing; and
(3) the name and phone
				  number of the commission office to be contacted to verify that a hearing will
				  be held.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.345 - Notice of Proposed Final Action

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After the public comment period or the conclusion of any notice and comment
				  hearing, the executive director shall send notice of the proposed final action
				  on the application by first-class mail or electronic communication to any
				  person who commented during the public comment period or at the hearing, and to
				  the applicant.
(b) The notice must
				  include the following:
(1) the response to
				  any comments submitted during the public comment period;
(2) identification of any change in the
				  conditions of the draft permit and the reasons for the change;
(3) a description and explanation of the
				  process for public petitions to the United States Environmental Protection
				  Agency ;
(4) the date by which the
				  petition must be filed; and
(5) a
				  statement that any person affected by the decision of the executive director
				  may petition the Administrator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.350 - EPA Review

Current through Reg. 49, No. 28; July 12, 2024
(a) EPA review
				  requirements apply to initial issuances, minor permit revisions, significant
				  permit revisions, reopenings, and renewals.
(b) The executive director shall submit the
				  proposed permit to the EPA.
(1) For initial
				  issuances, significant permit revisions, reopenings, and renewals the proposed
				  permit shall be submitted to the EPA. At the discretion of the executive
				  director, the procedural requirements of §
											122.320
				  of this title (relating to Public Notice), §
											122.322
				  of this title (relating to Bilingual Notice), and the requirements for EPA
				  Review under this section may run concurrently. The procedural requirements of
				  §
											122.320
				  and §
											122.322
				  of this title and the requirements for EPA review under this section may not
				  run concurrently if any person submits comments or if the executive director
				  grants a hearing request. In such case, any comments received and the revised
				  proposed permit, if applicable, shall be submitted to the EPA. The EPA review
				  period shall begin upon its receipt of the comments and the proposed
				  permit.
(2) For minor permit
				  revisions, the proposed permit shall be submitted to the EPA no earlier than
				  the first day of the public announcement period.
(3) For general operating permit initial
				  issuances and significant revisions, the proposed permit shall be submitted to
				  the EPA no earlier than the first day of the public comment period. If any
				  person submits comments or if the executive director grants a hearing request,
				  any comments received and the revised general operating permit, if applicable,
				  shall be submitted to the EPA. The EPA review period shall begin upon its
				  receipt of the comments and the general operating permit. For general operating
				  permit minor permit revisions, the proposed permit shall be submitted to the
				  EPA no earlier than the first day of the public announcement period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter D - PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, AFFECTED STATE REVIEW, NOTICE AND COMMENT HEARING, NOTICE OF PROPOSED FINAL ACTION, EPA REVIEW, AND PUBLIC PETITION › Section 122.360 - Public Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) Public petition
				  requirements apply to initial issuances, significant permit revisions,
				  reopenings, and renewals.
(b) If
				  the EPA does not file an objection with the executive director, any person,
				  including the applicant, affected by a decision of the commission under this
				  chapter may petition the EPA to make an objection. After receiving a petition,
				  the EPA may only object to the issuance of any proposed permit which is not in
				  compliance with the applicable requirements or the requirements of this
				  chapter.
(c) The petition must be
				  filed with the EPA within 60 days after the expiration of EPA's 45-day review
				  period. For general operating permits, the petition must be filed no later than
				  60 days after issuance of the general operating permit by the executive
				  director.
(d) A copy of the
				  petition shall be provided to the executive director and the applicant by the
				  petitioner.
(e) The petition does
				  not limit the effectiveness of a permit issued by the executive director or the
				  finality of the executive director's action for purposes of an appeal under
				  Texas Health and Safety Code, §
										382.032.
(f) Petitions shall be based only on
				  objections to the permit that were raised with reasonable specificity during
				  the public comment period, unless the petitioner demonstrates in the petition
				  to the EPA that it was not possible to raise the objections within the public
				  comment period, or that the grounds for the objection arose after the public
				  comment period. The petition shall identify all objections.
(g) If the EPA objects to the permit as a
				  result of a petition filed under this section before issuance of the permit,
				  the executive director shall not issue the permit until EPA's objection has
				  been resolved.
(h) If the executive
				  director has issued a permit before receipt of an EPA objection based on a
				  public petition, the permit remains effective and the executive director shall
				  have 90 days from the receipt of an EPA objection to resolve any objection and,
				  if necessary, terminate or revise the permit.
(1) In the event additional information is
				  needed from the permit holder, the executive director may request from EPA a
				  90-day extension to resolve the objection.
(2) If the executive director fails to
				  resolve the objection, EPA will revise, terminate, or revoke the permit, and
				  the executive director may issue only a revised permit that satisfies EPA's
				  objection.
(3) The permit holder
				  will not be in violation of the requirement to have submitted a timely and
				  complete application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter E - ACID RAIN PERMITS AND CLEAN AIR INTERSTATE RULE › Division 1 - ACID RAIN PERMITS › Section 122.410 - Operating Permit Interface

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The commission hereby adopts and incorporates by reference, except as specified
					 in this section, the provisions of 40 Code of Federal Regulations (CFR) Part 72
					 with an effective date of July 1, 2006; 40 CFR Part 73 with an effective date
					 of July 1, 2006; 40 CFR Part 74 with an effective date of July 1, 2006, Part 76
					 with an effective date of May 1, 1998; 40 CFR Part 77 with an effective date of
					 July 1, 2006; and 40 CFR Part 78 with an effective date of July 11, 2005, for
					 purposes of implementing an Acid Rain Program that meets the requirements of
					 Federal Clean Air Act, Title IV.
(b) Applicants for sources subject to 40 CFR
					 Parts 72 - 74, 76, and 77 shall comply with those requirements.
(c) If the provisions of 40 CFR Parts 72 -
					 74, 76, and 77 conflict with or are not included in this chapter, the
					 provisions of 40 CFR Parts 72 - 74, 76, and 77 shall apply and take precedence
					 except for the following.
(1) References to
					 40 CFR Part 70 in 40 CFR Parts 72 - 74, 76, and 77 shall be satisfied by the
					 requirements of this chapter for the purposes of implementing the Acid Rain
					 Program.
(2) The procedural
					 requirements for Acid Rain permit revisions in 40 CFR Part 72, Subpart H (Acid
					 Rain Permit Revisions) shall be satisfied by §
												122.414
					 of this title (relating to Acid Rain Permit Revisions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter E - ACID RAIN PERMITS AND CLEAN AIR INTERSTATE RULE › Division 1 - ACID RAIN PERMITS › Section 122.412 - Acid Rain Permit Application Due Dates

Current through Reg. 49, No. 28; July 12, 2024
The designated representative shall submit acid rain
						permit applications for affected units subject to 40 Code of Federal
						Regulations (40 CFR) 72, 74, or 76 to the executive director by the following
						dates.
(1) Sulfur dioxide.
(A) Applications for initial Phase II acid
					 rain permits with an existing unit under
					 40
					 CFR 72.6(a)(2) shall be
					 submitted by January 1, 1996.
(B)
					 Applications for Phase II acid rain permits for new units shall be submitted at
					 least 24 months before the later of January 1, 2000 or the date on which the
					 unit commences operation.
(C)
					 Applications for Phase II acid rain permits for units under
					 40
					 CFR §72.6(a)(3)(ii)
					 shall be submitted at least 24 months before the later of January 1, 2000 or
					 the date on which the unit begins to serve a generator with a nameplate
					 capacity greater than 25 megawatts of electricity.
(D) Applications for Phase II acid rain
					 permits for units under
					 40
					 CFR §72.6(a)(3)(iii)
					 shall be submitted at least 24 months before the later of January 1, 2000, or
					 the date on which the auxiliary firing commences operation.
(E) Applications for Phase II acid rain
					 permits with a unit under
					 40
					 CFR §72.6(a)(3)(iv) or
					 (vii) shall be submitted before the later of
					 January 1, 1998, or the March 1 of the year following the three- year calendar
					 period in which the unit fails to meet the requirements of
					 40
					 CFR §72.6(b)(4) or
					 (7).
(F) Applications for Phase II acid rain
					 permits with a unit under
					 40
					 CFR §72.6(a)(3)(v) or
					 (vi) shall be submitted before the later of
					 January 1, 1998, or the March 1 following the calendar year in which the unit
					 fails to meet the requirements of
					 40
					 CFR §72.6(b)(5) or
					 (6).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.501 - General Operating Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The executive director may issue a general operating permit for numerous
					 similar stationary sources provided the following:
(1) the conditions of the general operating
					 permit provide for compliance with all requirements of this chapter;
(2) the requirements under §
												122.506
					 of this title (relating to Public Notice for General Operating Permits) have
					 been satisfied;
(3) the
					 requirements under §
												122.330 of
					 this title (relating to Affected State Review) have been satisfied;
(4) the requirements under §122.508 this
					 title (relating to Notice and Comment Hearings for General Operating Permits)
					 have been satisfied;
(5) the
					 requirements under §
												122.350 of
					 this title (relating to EPA Review) have been satisfied.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.502 - Authorization to Operate

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 executive director shall grant a request for authorization to operate under a
					 general operating permit to applicants who submit a complete application under
					 §
											122.134 of
					 this title (relating to Complete Application) and who qualify for the general
					 operating permit.
(b) Upon the
					 granting of authorization to operate under a general operating permit,
					 applicability determinations and the bases for the determinations in a general
					 operating permit application become conditions under which the permit holder
					 shall operate.
(c) The permit
					 holder may be subject to enforcement action for operating without a permit if
					 the permit holder, having been granted the authorization to operate under a
					 general operating permit, is later determined not to qualify for the general
					 operating permit.
(d)
					 Authorizations to operate under general operating permits shall have terms not
					 to exceed five years.
(e) More than
					 one authorization to operate under a general operating permit may be granted
					 for a site.
(f) A copy of the
					 permit, the permit application, and the authorization to operate shall be
					 maintained at the location specified in the authorization to operate.
(g) General operating permits shall not be
					 authorized for affected units under the acid rain program.
(h) The executive director shall make a copy
					 of the authorization to operate accessible to the EPA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.503 - Application Revisions for Changes at a Site

Current through Reg. 49, No. 28; July 12, 2024
(a) The permit holder shall submit an
					 application for a new authorization to operate to the executive director for
					 the following activities at a site:
(1) a
					 change in any applicability determination or the basis of any determination in
					 the general operating permit application; or
(2) a change in the permit identification of
					 ownership or operational control of a site where the executive director
					 determines that no other change in the permit is necessary, provided that a
					 written agreement containing a specific date for transfer of permit
					 responsibility, coverage, and liability between the old and new permit holder
					 is maintained with the permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.504 - Application Revisions When an Applicable Requirement or State-Only Requirement is Promulgated or Adopted or a General Operating Permit is Revised or Rescinded

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
					 applicability determinations or the bases for the determinations in the general
					 operating permit application change due to the promulgation or adoption of an
					 applicable requirement or state-only requirement or the revision or rescission
					 of a general operating permit issued by the executive director, the following
					 requirements apply.
(1) The permit holder
					 shall submit an application for a new authorization to operate containing at a
					 minimum the following information:
(A) a
					 description of the emission unit affected;
(B) any changes in the applicability
					 determinations;
(C) the basis of
					 each determination identified under subparagraph (B) of this
					 paragraph;
(D) the provisional
					 terms and conditions as defined in §
													122.10 of
					 this title (relating to General Definitions);
(E) a statement that the emission units
					 qualify for the general operating permit; and
(F) certification in accordance with §
													122.165
					 of this title (relating to Certification by a Responsible Official).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.505 - Renewal of the Authorization to Operate under a General Operating Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorizations
					 to operate under general operating permits shall expire no later than five
					 years from the date of the initial authorization to operate or renewal of the
					 authorization to operate.
(b) The
					 executive director shall provide written notice to the permit holder that the
					 authorization to operate under the general operating permit is scheduled for
					 review.
(1) The notice will be provided by
					 mail or electronic communication no later than 12 months before the expiration
					 of the authorization to operate under the general operating permit.
(2) The notice shall specify the procedure
					 for submitting a renewal application.
(3) Failure to receive notice does not affect
					 the expiration date of the authorization or the requirement to submit a timely
					 and complete application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.506 - Public Notice for General Operating Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the issuance, significant permit
					 revision, or rescission of any general operating permit, the executive director
					 shall publish notice of the opportunity for public comment and hearing on the
					 draft general operating permit consistent with the requirements of this
					 section. The executive director shall publish notice of a draft general
					 operating permit in the
Texas Register
, the commission's
					 publicly accessible electronic media, and in a newspaper of general circulation
					 in the area affected by the general operating permit. If the general operating
					 permit has statewide applicability, the notice shall be published in the daily
					 newspaper of largest general circulation within each of the following
					 metropolitan areas: Austin, Dallas, and Houston. The notice shall contain the
					 following information:
(1) a description of
					 the activities involved in the draft general operating permit;
(2) the location and availability of copies
					 of the draft general operating permit;
(3) a description of the comment procedures,
					 including the duration of the public notice comment period and procedures to
					 request a hearing;
(4) the
					 notification that a person who may be affected by the emission of air
					 pollutants from emission units that may be authorized to operate under the
					 general operating permit is entitled to request a notice and comment hearing;
					 and
(5) the name, address, and
					 phone number of the commission office to be contacted for further
					 information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.508 - Notice and Comment Hearings for General Operating Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) All hearings regarding general operating
					 permits shall be conducted under the procedures in this section.
(b) Any person who may be affected by
					 emissions from emission units that may be authorized to operate under the
					 general operating permit may request that the executive director hold a hearing
					 on a draft general operating permit.
(c) The executive director shall decide
					 whether to hold a hearing. The executive director is not required to hold a
					 hearing if the basis of the request by a person who may be affected by
					 emissions from emission units that may be authorized to operate under the
					 general operating permit is determined to be unreasonable. If a hearing is
					 requested by a person who may be affected by emissions from emission units that
					 may be authorized to operate under the general operating permit, and that
					 request is reasonable, the executive director shall hold a hearing.
(d) The executive director shall publish
					 notice of a hearing on a draft general operating permit. The notice must be
					 published at least 30 days before the date set for the hearing. The notice must
					 include, at a minimum, the following:
(1) the
					 time, place, and nature of the hearing;
(2) a brief description of the purpose of the
					 hearing; and
(3) the name and phone
					 number of the commission office to be contacted to verify that a hearing will
					 be held.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.509 - Public Announcement for General Operating Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) The public announcement requirements in
					 this section apply to minor permit revisions to general operating
					 permits.
(b) The executive director
					 shall publish an announcement of a draft general operating permit for a minor
					 permit revision to a general operating permit on the commission's publicly
					 accessible electronic media. The announcement shall contain the following:
(1) the location and availability of the
					 following:
(A) the draft general operating
					 permit;
(B) all other relevant
					 supporting materials in the public files of the commission;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter F - GENERAL OPERATING PERMITS › Division 1 - PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS › Section 122.510 - General Operating Permits Adopted by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Any general operating permit in this
					 subchapter adopted by the commission shall remain in effect until it is
					 repealed under the APA.
(b) Any
					 authorization to operate under a general operating permit in this subchapter
					 adopted by the commission that is replaced with a general operating permit
					 issued by the executive director shall be automatically converted to an
					 authorization to operate under the general operating permit issued by the
					 executive director. Provided the applicability determinations and the bases for
					 the determinations affecting a site remain unchanged, the permit holder is not
					 required to submit an application for the general operating permit issued by
					 the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter G - PERIODIC MONITORING AND COMPLIANCE ASSURANCE MONITORING › Section 122.602 - Periodic Monitoring Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Periodic monitoring applies to an emission unit at a site that is subject to
				  this chapter provided the emission unit is subject to an emission limitation or
				  standard in an applicable requirement except as noted in subsection (b) of this
				  section.
(b) Periodic monitoring
				  shall not apply to emission limitations or standards for which the executive
				  director has determined that the applicable requirement has periodic monitoring
				  (which may consist of recordkeeping) sufficient to yield reliable data from the
				  relevant time period that are representative of the emission unit's compliance
				  with the applicable requirement, and testing, monitoring, reporting, or
				  recordkeeping sufficient to assure compliance with the applicable requirement.
				  These emission limitation or standards include, but are not limited to, the
				  following:
(1) emission limitations or
				  standards proposed by the EPA after November 15, 1990 under FCAA, §111
				  (Standards of Performance for New Stationary Sources) or §112 (Hazardous
				  Air Pollutants);
(2) emission
				  limitations or standards under FCAA, Title IV (the Acid Rain
				  Program);
(3) emission limitations
				  or standards for which an applicable requirement specifies a continuous
				  compliance determination method, unless the applicable compliance method
				  includes an assumed control device emission reduction factor that could be
				  affected by the actual operation and maintenance of the control device (such as
				  a surface coating line controlled by an incinerator for which continuous
				  compliance is determined by calculating emissions on the basis of coating
				  records and an assumed control device efficiency factor based on an initial
				  performance test); and
(4) other
				  emission limitations or standards specified as exempt by the EPA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter G - PERIODIC MONITORING AND COMPLIANCE ASSURANCE MONITORING › Section 122.604 - Compliance Assurance Monitoring Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) To determine the applicability of
				  compliance assurance monitoring (CAM), each emission unit shall be considered
				  separately with respect to each air pollutant and the term control device, as
				  used in this subchapter, shall have the meaning defined in §
										122.10 of
				  this title (relating to General Definitions).
(b) Except for emission units that are exempt
				  under subsection (d) of this section, CAM applies to an emission unit at a
				  major source subject to this chapter provided the following:
(1) the emission unit is subject to an
				  emission limitation or standard for an air pollutant (or surrogate thereof) in
				  an applicable requirement, except as noted in subsection (c) of this
				  section;
(2) the emission unit uses
				  a control device to achieve compliance with the emission limitation or standard
				  in paragraph (1) of this subsection; and
(3) the emission unit has the pre-control
				  device potential to emit greater than or equal to the amount in tons per year
				  required for a site to be classified as a major source, as defined in this
				  chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter G - PERIODIC MONITORING AND COMPLIANCE ASSURANCE MONITORING › Section 122.606 - Compliance Assurance Monitoring Quality Improvement Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on the frequency of deviations, the
				  cause of deviations, the magnitude of deviations, the permit holder's response
				  to deviations, or other information that indicates that the emission unit or
				  control device is not being maintained and operated consistent with good air
				  pollution control practices, the executive director may require implementation
				  of a quality improvement plan (QIP).
(b) A QIP shall meet all of the requirements
				  specified in 40 Code of Federal Regulations §64.8 concerning Quality
				  Improvement Plan Requirements.
(c)
				  The permit holder shall maintain the written QIP with the permit or
				  authorization to operate under a general operating permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 205 - GENERAL PERMITS FOR WASTE DISCHARGES › Subchapter A - GENERAL PERMITS FOR WASTE DISCHARGES › Section 205.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Compliance history--The
				  record of all notices from the commission, including notices of violation from
				  the executive director; and of all orders of the commission, of any other
				  agency or political subdivision of the State of Texas and of the United States
				  Environmental Protection Agency (EPA) pertaining to an applicant's adherence to
				  environmental laws and rules of the State of Texas or the United States; with
				  the terms of any permit, compliance agreement or order issued by the commission
				  or the USEPA; and with any final judicial decision or settlement addressing the
				  applicant's adherence to such environmental laws and rules. The history shall
				  be for the five-year period before the date on which the NOI is filed or, if an
				  NOI is not required, the five-year period before the permittee begins operating
				  under the general permit. It shall not include any order that is precluded by
				  its terms or by law from becoming part of the applicant's compliance
				  history.
(2) General permit--A
				  permit issued under the provisions of this chapter authorizing the discharge of
				  waste into or adjacent to water in the state for one or more categories of
				  waste discharge within a geographical area of the state or the entire state as
				  provided by Texas Water Code (TWC), §26.040.
(3) Individual permit--A permit, as defined
				  in the TWC, §26.001, issued by the commission or the executive director to
				  a specific person or persons in accordance with the procedures prescribed in
				  the TWC, Chapter 26, (other than TWC, §26.040).
(4) Notice of change or NOC--A written
				  submittal to the executive director from a discharger authorized under a
				  general permit providing changes to information previously provided to the
				  agency, or any changes with respect to the nature or operations of the
				  facility, or the characteristics of the discharge.
(5) Notice of intent or NOI--A written
				  submittal to the executive director from a discharger requesting coverage under
				  the terms of a general permit.
(6)
				  Notice of termination or NOT--A written submittal to the executive director
				  from a discharger authorized under a general permit requesting termination of
				  coverage.
(7) Texas Pollutant
				  Discharge Elimination System (TPDES)--The state program authorized under Clean
				  Water Act, §§307, 318, 402, and 405 for issuing, amending,
				  terminating, monitoring, and enforcing permits, and imposing and enforcing
				  pretreatment requirements under the Texas Water Code and Texas Administrative
				  Code regulations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 205 - GENERAL PERMITS FOR WASTE DISCHARGES › Subchapter A - GENERAL PERMITS FOR WASTE DISCHARGES › Section 205.2 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may issue a general permit to authorize the discharge of waste into
				  or adjacent to water in the state by category if the commission finds the
				  discharges in the category are storm water or the dischargers in the category:
(1) engage in the same or substantially
				  similar types of operations;
(2)
				  discharge the same types of waste;
(3) are subject to the same requirements
				  regarding effluent limitations or operating conditions;
(4) are subject to the same or similar
				  monitoring requirements; and
(5)
				  are more appropriately regulated under a general permit than under individual
				  permits, on the basis that both:
(A) the
				  general permit can be readily enforced and the executive director can
				  adequately monitor compliance with the terms of the general permit; this
				  requirement being satisfied if the provisions of the general permit are clear
				  and unambiguous and it requires adequate monitoring, recordkeeping, and
				  reporting, appropriate to the type of activity authorized; and
(B) the category of discharges covered by the
				  general permit will not include a discharge of pollutants that will cause
				  significant adverse effects to surface or groundwater quality.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 205 - GENERAL PERMITS FOR WASTE DISCHARGES › Subchapter A - GENERAL PERMITS FOR WASTE DISCHARGES › Section 205.3 - Public Notice, Public Meetings, and Public Comment

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice shall be published as follows.
(1) If the draft general permit will not have
				  statewide applicability, the agency shall publish notice of each draft general
				  permit in the
Texas Register
and in a daily or weekly
				  newspaper of general circulation in the area affected by the activity that is
				  the subject of the proposed general permit.
(2) For draft general permits with statewide
				  applicability, notice shall be published in the
Texas Register
and in at least one newspaper of statewide or regional circulation.
(3) The public notice shall be published not
				  later than the 30th day before the commission considers the approval of a
				  general permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 205 - GENERAL PERMITS FOR WASTE DISCHARGES › Subchapter A - GENERAL PERMITS FOR WASTE DISCHARGES › Section 205.4 - Authorizations and Notices of Intent

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  qualified discharger may obtain authorization to operate under a general permit
				  by complying with the general permit's conditions for gaining coverage.
(1) A general permit shall specify either an
				  applicable deadline for filing the notice of intent (NOI), or that an NOI is
				  not required prior to commencement of a qualifying discharge.
(2) No new discharge under the authority of a
				  general permit may commence after a general permit has expired.
(3) For those general permits requiring an
				  NOI, a discharger may begin discharging under the general permit after the date
				  or period of time specified in the general permit unless the executive director
				  or commission before that time notifies the discharger pursuant to subsections
				  (c) or (e) of this section that the discharger is not eligible for
				  authorization under the general permit.
(4) The executive director shall provide
				  written notice to a discharger if the executive director determines that the
				  discharger is not eligible for authorization under the general permit. The
				  content of the notice is described in subsections (c) and (d) of this
				  section.
(5) An NOI shall be
				  submitted to the executive director in a form or format that is specified in
				  the general permit or otherwise set out in commission rules.