Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter E - HAZARDOUS AIR POLLUTANTS: REGULATIONS GOVERNING CONSTRUCTED OR RECONSTRUCTED MAJOR SOURCES (FCAA, Section 112(g), 40 CFR PART 63) › Section 116.400 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of this subchapter implement Federal Clean Air Act (FCAA), §112(g),
				  Modifications, and 40 Code of Federal Regulations (CFR) Part 63, Hazardous Air
				  Pollutants: Regulations Governing Constructed or Reconstructed Major Sources,
				  Subpart B, Requirements for Control Technology, as amended December 27, 1996.
				  Affected sources (as defined in §
										116.15(1)
				  of this title (relating to Section 112(g) Definitions)) subject to this
				  subchapter are those sources for which the United States Environmental
				  Protection Agency has not promulgated a maximum available control technology
				  (MACT) standard under 40 CFR Part 63. For purposes of this subchapter, the
				  following terms apply.
(1) Construct a major
				  source--As follows.
(A) To fabricate, erect,
				  or install at any green field site a stationary source or group of stationary
				  sources that are located within a contiguous area and under common control and
				  that emit or have the potential to emit ten tons per year of any hazardous air
				  pollutant (HAP) or 25 tons per year of any combination of HAPs;
(B) to fabricate, erect, or install at any
				  developed site a new process or production unit that in and of itself emits or
				  has the potential to emit ten tons per year of any HAP or 25 tons per year of
				  any combination of HAPs, unless the process or production unit satisfies
				  clauses (i) - (vi) of this subparagraph:
(i)
				  all HAPs emitted by the process or production unit that would otherwise be
				  controlled under the requirements of this subchapter will be controlled by
				  emission control equipment that was previously installed at the same site as
				  the process or production unit;
(ii) either of the following regarding
				  control of HAP emissions:
(I) the executive
				  director has determined within a period of five years prior to the fabrication,
				  erection, or installation of the process or production unit that the existing
				  emission control equipment represented best available control technology
				  (BACT), lowest achievable emission rate (LAER) under 40 CFR Part 51 or Part 52,
				  toxics-best available control technology (T-BACT), or MACT based on state air
				  toxic rules for the category of pollutants that includes those HAPs to be
				  emitted by the process or production unit; or
(II) the executive director determines that
				  the control of HAP emissions provided by the existing equipment will be
				  equivalent to that level of control currently achieved by other similar sources
				  using a level of control equivalent to current BACT, LAER, T-BACT, or state air
				  toxic rule MACT determination;
(iii) the executive director determines that
				  the percent control efficiency for emissions of HAP from all sources to be
				  controlled by the existing control equipment will be equivalent to the percent
				  control efficiency provided by the control equipment prior to the inclusion of
				  the new process or production unit;
(iv) the executive director has provided
				  notice and an opportunity for public comment concerning the determination that
				  criteria in clauses (i) - (iii) of this subparagraph apply and concerning the
				  continued adequacy of any prior LAER, BACT, T-BACT, or state air toxic rule
				  MACT determination;
(v) if any
				  commenter has asserted that a prior LAER, BACT, T-BACT, or state air toxic rule
				  MACT determination is no longer adequate, the executive director has determined
				  that the level of control required by that prior determination remains
				  adequate; and
(vi) any emission
				  limitations, work practice requirements, or other terms and conditions upon
				  which the determinations in clauses (i) - (v) of this subparagraph are
				  predicated will be construed by the executive director as applicable
				  requirements under FCAA, §504(a), and either have been incorporated into
				  any existing permit issued under Chapter 122 of this title (relating to Federal
				  Operating Permits) for the affected source (as defined in §
													116.15(1)
				  of this title) or will be incorporated into such permit upon
				  issuance.