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 G - FLEXIBLE PERMITS › Section 116.715 - General and Special Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Flexible permits may contain general and special conditions. The holders of
				  flexible permits shall comply with any and all such conditions.
(b) A pollutant specific emission cap or
				  individual emission limitations shall be established for each air contaminant
				  for all facilities authorized by the flexible permit. A flexible permit may
				  contain more than one emission cap for a specific air contaminant. The holder
				  of a flexible permit shall comply with all flexible permit emission cap(s) and
				  individual emission limitations. An exceedance of the flexible permit emission
				  cap(s) or individual emission limitations is a violation of the
				  permit.
(c) The following general
				  conditions shall be applicable to every flexible permit.
(1) Applicability. This section does not
				  apply to physical or operational changes allowed without an amendment under
				  §
											116.721
				  of this title (relating to Amendments and Alterations).
(2) Construction progress. The permit holder
				  shall report the start of construction, construction interruptions exceeding 45
				  days, and completion of construction to the appropriate regional office of the
				  commission not later than 15 working days after occurrence of the
				  event.
(3) Start-up notification.
(A) The permit holder shall notify the
				  appropriate regional office of the commission and any local program having
				  jurisdiction prior to the commencement of operations of the facilities
				  authorized by the permit in such a manner that a representative of the
				  commission may be present.
(B) The
				  permit holder shall provide a separate notification for the commencement of
				  operations for each unit of phased construction, which may involve a series of
				  facilities commencing operations at different times.
(C) Prior to beginning operations of the
				  facilities authorized by the permit, the permit holder shall identify to the
				  Air Permits Division the source or sources of allowances to be utilized for
				  compliance with Chapter 101, Subchapter H, Division 3 of this title (relating
				  to Mass Emissions Cap and Trade Program).
(4) Sampling requirements.
(A) If sampling is required, the flexible
				  permit holder shall contact the commission's appropriate regional office prior
				  to sampling to obtain the proper data forms and procedures.
(B) All sampling and testing procedures must
				  be approved by the executive director and coordinated with the appropriate
				  regional office of the commission.
(C) The flexible permit holder is also
				  responsible for providing sampling facilities and conducting the sampling
				  operations or contracting with an independent sampling consultant.
(5) Monitoring, Calculations, and
				  Equivalency of Methods.
(A) Each flexible
				  permit shall specify requirements for monitoring or demonstrating compliance
				  with emission caps and individual emission limits in the flexible
				  permit.
(B) Each flexible permit
				  shall specify methods for calculating annual and short term emissions for each
				  pollutant for a given type of facility.
(C) The flexible permit holder must
				  demonstrate or otherwise justify the equivalency of emission control methods,
				  sampling or other emission testing methods, and monitoring or calculation
				  methods proposed as alternatives to methods indicated in the conditions of the
				  flexible permit. Requests for alternative emission control, sampling,
				  monitoring, or calculation methods must be submitted in writing for review and
				  approval by the executive director prior to their use in fulfilling any
				  requirements of the permit.
(6) Recordkeeping. The permit holder shall:
(A) maintain a copy of the flexible permit
				  (and any permit applications associated with the flexible permit) along with
				  information and data sufficient to demonstrate continuous compliance with the
				  emission caps and individual emission limitations contained in the flexible
				  permit. This information and data shall include, but is not limited to:
(i) emission cap and individual emission
				  limitation calculations based on a 12-month rolling basis;
(ii) emission cap and individual emission
				  limitation calculations corresponding to any short term emission limitation;
				  and
(iii) Production records and
				  operating hours.
(B)
				  keep all required records in a file at the plant site. If, however, the
				  facility site normally operates unattended, records must be maintained at an
				  office within Texas having day-to-day operational control of the facility
				  site;
(C) make the records
				  available at the request of personnel from the commission or any local air
				  pollution control agency having jurisdiction over the site, which, upon
				  request, the commission shall make any such records of compliance available to
				  the public in a timely manner;
(D)
				  comply with any additional recordkeeping requirements specified in special
				  conditions in the permit; and
(E)
				  retain information in the file for at least two years following the date the
				  information or data is obtained.
(7) Maximum allowable emission rates. A
				  flexible permit covers only those sources of emissions and those air
				  contaminants listed in the table entitled "Emission Sources, Emissions Caps and
				  Individual Emission Limitations" in the flexible permit. Each flexible
				  permitted facility, group of facilities, or account is limited to the emission
				  limits and other conditions specified in the table in the flexible
				  permit.
(8) Representations. The
				  representations with regard to construction plans and operation procedures in
				  an application for a permit or permit amendment are the conditions upon which a
				  flexible permit or permit amendment is issued.
(9) Emission cap readjustment. If a schedule
				  to install additional controls is included in the flexible permit and a
				  facility subject to such a schedule is taken out of service, the emission cap
				  contained in the flexible permit will be readjusted for the period the facility
				  is out of service to a level as if no schedule had been established. Unless a
				  special condition specifies the method of readjustment of the emission cap, a
				  permit alteration shall be obtained.
(10) Maintenance of emission control. Each
				  facility, group of facilities, or account authorized by the flexible permit
				  shall not be operated unless all air pollution emission capture and abatement
				  equipment is maintained in good working order and operating properly during
				  normal facility operations. Notification for emissions events and scheduled
				  maintenance shall be made in accordance with §
											101.201
				  and §
											101.211
				  of this title (relating to Emissions Event Reporting and Recordkeeping
				  Requirements; and Scheduled Maintenance, Startup, and Shutdown Reporting and
				  Recordkeeping Requirements).
(11)
				  Compliance with rules. Acceptance of a flexible permit by a permit applicant
				  constitutes an acknowledgment and agreement that the holder will comply with
				  all applicable Rules and Orders of the commission issued in conformity with the
				  Texas Clean Air Act and the conditions precedent to the granting of the permit.
				  If more than one state or federal rule or regulation or flexible permit
				  condition are applicable, then the most stringent limit or condition shall
				  govern and be the standard by which compliance shall be demonstrated.
				  Acceptance of the permit includes consent to the entrance of commission
				  employees and agents into the permitted premises at reasonable times to
				  investigate conditions relating to the emission or concentration of air
				  contaminants, including compliance with the flexible permit.