reglab/statecodes huggingface dataset:
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 A - DEFINITIONS › Section 116.17 - Qualified Facility Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms, when used in this subchapter, shall
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Actual emissions--The
				  highest rate of emissions of an air contaminant actually achieved from a
				  qualified facility within the 120-month period prior to a change to a facility
				  under §
										116.116(e)
				  of this title (relating to Changes at Facilities). This rate cannot exceed any
				  applicable federal or state emissions limitation. This definition applies only
				  when determining whether there has been a net increase in allowable emissions
				  under §
										116.116(e)
				  of this title.
(2) Allowable
				  emissions--The authorized rate of emissions of an air contaminant from a
				  facility as determined in accordance with this paragraph. This rate cannot
				  exceed any applicable state or federal emissions limitation. This definition
				  applies only when determining whether there has been a net increase in
				  allowable emissions under §
										116.116(e)
				  of this title.
(A) Permitted facility--For a
				  facility with a permit under this chapter, the allowable emissions shall be any
				  emission limit established in the permit on a maximum allowable emissions rate
				  table and any emission limit contained in representations in the permit
				  application which was relied upon in issuing the permit, plus any allowable
				  emissions authorized under Chapter 106 of this title (relating to Permits by
				  Rule).
(B) Facility permitted by
				  rule--For a facility operating under Chapter 106 of this title, the allowable
				  emissions shall be the least of the emissions rate allowed in Chapter 106,
				  Subchapter A of this title (relating to General Requirements), the emissions
				  rate specified in the applicable permit by rule, or the federally enforceable
				  emission rate established in accordance with §
											106.6
				  of this title (relating to Registration of Emissions).
(C) Standard permit facility--For a facility
				  authorized by standard permit, other than the Air Quality Standard Permit for
				  Pollution Control Projects, the allowable emissions shall be the maximum
				  emissions rate represented in the registration to use the standard
				  permit.
(D) Special exemption
				  facility--For a facility operating under a special exemption, the allowable
				  emissions shall be the emissions rate represented in the original special
				  exemption request.
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 A - DEFINITIONS › Section 116.18 - Electric Generating Facility Permits Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter I of
					 this chapter (relating to Electric Generating Facility Permits) shall have the
					 following meanings, unless the context clearly indicates otherwise.
(1) Allowance--As defined in §
										101.330(1)
				  of this title (relating to Definitions).
(2) Capacity factor--Either:
(A) the ratio of an electric generating
				  facility's (EGF) actual annual electric output (expressed in megawatt-hours) to
				  the EGF's nameplate capacity times 8,760 hours; or
(B) the ratio of an EGF's annual heat input
				  (in millions of British thermal units (MMBtu)) to the EGF's maximum design heat
				  input (in MMBtu per hour) times 8,760 hours.
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.110 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit to
					 construct. Except as provided in § 116.118 of this title (relating to
					 Construction While Permit Amendment Application Pending), before any actual
					 work is begun on the facility, any person who plans to construct any new
					 facility or to engage in the modification of any existing facility which may
					 emit air contaminants into the air of this state shall either:
(1) obtain a permit under §
												116.111 of
					 this title (relating to General Application);
(2) satisfy the conditions for a standard
					 permit under the requirements in:
(A)
					 Subchapter F of this chapter (relating to Standard Permits);
(B) Chapter 321, Subchapter B of this title
					 (relating to Concentrated Animal Feeding Operations);
(C) Chapter 332 of this title (relating to
					 Composting); or
(D) Chapter 330,
					 Subchapter N of this title (relating to Landfill Mining);
(3) satisfy the conditions for a flexible
					 permit under the requirements in Subchapter G of this chapter (relating to
					 Flexible Permits);
(4) satisfy the
					 conditions for facilities permitted by rule under Chapter 106 of this title
					 (relating to Permits by Rule); or
(5) satisfy the criteria for a de minimis
					 facility or source under §
												116.119
					 of this title (relating to De Minimis Facilities or
					 Sources).
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.112 - Distance Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) For any
					 facility subject to the notice and hearing requirements of Subchapter B,
					 Division 3 of this chapter (relating to Public Notification and Comment
					 Procedures); Chapter 39, Subchapter H or K of this title (relating to
					 Applicability and General Provisions and Public Notice of Air Quality
					 Applications); or Chapter 122, Subchapter D of this title (relating to Public
					 Announcement, Public Notice, Affected State Review, Notice and Comment Hearing,
					 Notice of Proposed Final Action, EPA Review, and Public Petition), the
					 measurement of distances to determine compliance with any location or distance
					 limitation requirement in Texas Health and Safety Code, Chapter 382, shall be
					 taken toward structures that are in use at the time the permit application is
					 filed with the commission, and that are not occupied or used solely by the
					 owner of the facility or the owner of the property upon which the facility is
					 located.
(b) The following
					 facilities must satisfy the following distance criteria.
(1) Lead smelters. New lead smelting plants
					 shall be located at least 3,000 feet from any individual's residence where lead
					 smelting operations have not been conducted before August 31, 1987. This
					 subsection does not apply to:
(A) a
					 modification of a lead smelting plant in operation on or before August 31,
					 1987;
(B) a new lead smelting plant
					 or modification of a plant with the capacity to produce 200 pounds or less of
					 lead per hour; or
(C) a lead
					 smelting plant that was located more than 3,000 feet from the nearest residence
					 when the plant began operations.
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.114 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Review schedule. The executive director shall review permit applications in
					 accordance with the following.
(1) Notice of
					 completion or deficiency. The executive director shall mail written
					 notification informing the applicant that the application is complete or that
					 it is deficient within 90 days of receipt of the application for a new permit,
					 or amendment to a permit or special permit.
(A) If the application is deficient, the
					 notification must state:
(i) the additional
					 information required; and
(ii) the
					 intent of the executive director to void the application if information for a
					 complete application is not submitted.
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.116 - Changes to Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Representations and conditions. The following are the conditions upon which a
					 permit, special permit, or special exemption are issued:
(1) representations with regard to
					 construction plans and operation procedures in an application for a permit,
					 special permit, or special exemption; and
(2) any general and special conditions
					 attached to the permit, special permit, or special exemption
					 itself.
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.117 - Documentation and Notification of Changes to Qualified Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons making
					 changes under §
											116.116(e)
					 of this title (relating to Changes to Facilities) shall maintain documentation
					 at the plant site demonstrating that the changes satisfy §
											116.116(e)
					 of this title. If the plant site is unmanned, the regional manager may
					 authorize an alternative site to maintain the documentation. The documentation
					 shall be made available to representatives of the commission upon request. The
					 documentation shall include:
(1)
					 quantification of all emission increases and decreases associated with the
					 physical or operational change;
(2)
					 a description of the physical or operational change;
(3) a description of any equipment being
					 installed; and
(4) sufficient
					 information as necessary to show that the project will not adversely affect
					 ambient air quality and will comply as applicable with:
(A)
													§
													116.150
					 and §
													116.151
					 of this title (relating to Nonattainment Review) and §§
													116.160-
					 116.163
					 of this title (relating to Prevention of Significant Deterioration Review);
					 or
(B) Subchapter E of this chapter
					 (relating to Hazardous Air Pollutants: Regulations Governing Constructed or
					 Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)).
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.118 - Construction While Permit Amendment Application Pending

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose, applicability, and exclusions.
(1) To the extent permissible under federal
					 law and the requirements of this section, an applicant for a permit amendment
					 may, at their own risk, begin construction related to the application if the
					 executive director has completed the technical review and issued a draft permit
					 including the permit amendment.
(2) An applicant may not begin construction
					 under this section if the facility that is the subject of the permit amendment
					 is a concrete batch plant located within 880 yards of a property that is used
					 as a residence. This limitation on construction does not affect or supersede
					 the designation of an affected person under Texas Health and Safety Code
					 (THSC), §382.056 or §382.058.
(3) Any new facility or group of facilities,
					 or changes to an existing facility or group of facilities, that constitutes a
					 new major stationary source or a major modification, as defined in §
												116.12
					 of this title (relating to Nonattainment and Prevention of Significant
					 Deterioration Review Definitions) is not eligible for construction under this
					 section.
(4) This section does not
					 apply to the amendment of a Plant-wide Applicability Limit issued under
					 Subchapter C of this chapter (relating to Plant-wide Applicability Limits).
(5) Affected sources (as defined
					 in §
												116.15(1)
					 of this title (relating to Section 112(g) Definitions)) subject to Subchapter E
					 of this chapter (relating to Hazardous Air Pollutants: Regulations Governing
					 Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part
					 63)) are not eligible for construction under this section.
(6) This section does not apply to qualified
					 facility changes authorized under §
												116.116(e)
					 of this title (relating to Changes to Facilities).
(7) This section does not apply to requests,
					 claims, registrations, or applications for a standard permit under Subchapter F
					 of this chapter (relating to Standard Permits) or a permit by rule under
					 Chapter 106 of this title (relating to Permits by Rule).
(8) This section does not relieve the
					 applicant or project from any other applicable requirements. An applicant
					 seeking to begin construction under this section shall comply with all other
					 applicable state and federal requirements pertaining to an application for a
					 permit amendment (such as, but not limited to, requirements concerning public
					 notice and participation, federal applicability, emission control technology,
					 applicable distance limitations, etc.).
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.119 - De Minimis Facilities or Sources

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Facilities or sources that meet the conditions of one or more of the paragraphs
					 of this subsection are considered by the commission to be de minimis, which
					 means that registration or authorization prior to construction is not required:
(1) categories of facilities or sources
					 included on the list entitled "De Minimis Facilities or Sources;"
(2) facilities or sources at a site which, in
					 combination, use the following materials at no more than the rate prescribed in
					 subparagraphs (A) - (F) of this paragraph:
(A)
					 cleaning and stripping solvents, 50 gallons per year;
(B) coatings (excluding plating materials),
					 100 gallons per year;
(C) dyes,
					 1,000 pounds per year;
(D)
					 bleaches, 1,000 gallons per year;
(E) fragrances (excluding odorants), 250
					 gallons per year;
(F) water-based
					 surfactants/detergents, 2,500 gallons per year;
(3) facilities or sources located inside a
					 building at a site which meet the following sitewide emission rate caps based
					 on the July 19, 2000 Effects Screening Levels (ESL) list without the addition
					 of control devices, as defined in §
												101.1 of
					 this title (relating to Definitions).
Attached
						Graphic
(4) any
					 individual facility, source, or group of facilities or sources which the
					 executive director determines to be de minimis based upon:
(A) proximity to receptors;
(B) rate of emission of air
					 contaminants;
(C) engineering
					 judgment and experience; and
(D)
					 determination that no adverse toxicological or health effects would occur off
					 property.
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.120 - Voiding of Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit or
					 permit amendment under this chapter is void if the permit holder does one of
					 the following:
(1) fails to begin construction
					 within 18 months of issuance, except as noted in subsection (b) of this
					 section;
(2) discontinues
					 construction for more than 18 consecutive months prior to completion;
					 or
(3) fails to complete
					 construction within a reasonable time.
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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.127 - Actual to Projected Actual and Emissions Exclusion Test for Emissions

Current through Reg. 49, No. 28; July 12, 2024
(a) If projected
					 actual emissions are used or emissions are excluded from the emission increase
					 resulting from the project, the owner or operator shall document and maintain a
					 record of the following information before beginning construction, and this
					 information must be provided as part of the notification, certification,
					 registration, or application submitted to the executive director to claim or
					 apply for state new source review authorization for the project. If the
					 emissions unit is an existing electric utility steam generating unit, the owner
					 or operator shall provide a copy of this information to the executive director
					 before beginning actual construction:
(1) a
					 description of the project;
(2)
					 identification of the facilities of which emissions of a federally regulated
					 new source review pollutant could be affected by the project; and
(3) a description of the applicability test
					 used to determine that the project is not a major modification for any
					 pollutant, including the baseline actual emissions, the projected actual
					 emissions, the amount of emissions excluded from the project emissions increase
					 and an explanation for why such amount was excluded, and any netting
					 calculations, if applicable.
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 B - NEW SOURCE REVIEW PERMITS › Division 4 - PERMIT FEES › Section 116.140 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Any person who applies for a permit to construct a new
						facility or to modify an existing facility, or for an amendment to an existing
						permit under §
											116.110
						of this title (relating to Applicability) shall remit, at the time of
						application for such permit, a fee based on the estimated capital cost of the
						project. The fee will be determined as set forth in §
											116.141 of
						this title (relating to Determination of Fees). Fees will not be charged for
						permit alterations, amendments to special permits, site approvals for permitted
						portable facilities, changes of ownership, or changes of location of permitted
						facilities.
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 B - NEW SOURCE REVIEW PERMITS › Division 4 - PERMIT FEES › Section 116.141 - Determination of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The estimated
					 capital cost of the project is the estimated total cost of the equipment and
					 services that would normally be capitalized according to standard and generally
					 accepted corporate financing and accounting procedures.
(b) The following fee schedule shall be used
					 by a permit applicant to determine the fee to be remitted with a permit
					 application.
(1) If the estimated capital
					 cost of the project is less than $300,000 or if the project consists of new
					 facilities controlled and operated directly by the federal government and the
					 federal regulations for Prevention of Significant Deterioration (PSD) Review do
					 not apply, the fee is $900. The provisions of subsections (c) and (d) of this
					 section do not apply to a project consisting of new facilities controlled and
					 operated directly by the federal government.
(2) If the estimated capital cost of the
					 project is $300,000 or more and the PSD regulations do not apply, the fee is
					 0.30% of the estimated capital cost of the project. The maximum fee is $75,000.
					 For determination of fees for projects applicable to PSD regulations, see
					 §
												116.163
					 of this title (relating to Prevention of Significant Deterioration Permit
					 Fees).
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 B - NEW SOURCE REVIEW PERMITS › Division 4 - PERMIT FEES › Section 116.143 - Payment of Fees

Current through Reg. 49, No. 28; July 12, 2024
All permit fees will be remitted in the form of a check,
						certified check, electronic funds transfer, or money order made payable to the
						Texas Commission on Environmental Quality (TCEQ) or TCEQ and delivered with the
						application for permit or amendment to the TCEQ, P.O. Box 13088, MC 214,
						Austin, Texas 78711-3088. Fees must be paid at the time an application for a
						permit or amendment is submitted. Applications will not be considered for
						review nor will any time constraints required of TCEQ for application
						processing begin until a fee is received.
(1) Single fee. The executive director shall
					 charge only one fee for multiple permits issued for one project if it is
					 determined that the following conditions are met:
(A) all the component or separate processes
					 being permitted are integral or related to the overall project;
(B) the project is under continuous
					 construction of the component parts;
(C) the permitted facilities are to be
					 located on the same or contiguous property; and
(D) applications for all permits for the
					 project must be submitted at the same time.
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 B - NEW SOURCE REVIEW PERMITS › Division 5 - NONATTAINMENT REVIEW PERMITS › Section 116.150 - New Major Source or Major Modification in Ozone Nonattainment Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to all new source
					 review authorizations for new construction or modification of facilities or
					 emissions units that will be located in any area designated as nonattainment
					 for ozone under 42 United States Code (USC), §§7407 et seq. as of the
					 date of issuance of the permit, unless the following apply on the date of
					 issuance of the permit:
(1) the United States
					 Environmental Protection Agency (EPA) has made a finding of
					 attainment;
(2) the EPA has
					 approved the removal of nonattainment New Source Review (NSR) requirements from
					 the area;
(3) the EPA has
					 determined that Prevention of Significant Deterioration requirements apply in
					 the area; or
(4) the EPA determines
					 that nonattainment NSR is no longer required for purposes of
					 anti-backsliding.
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 B - NEW SOURCE REVIEW PERMITS › Division 6 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 116.160 - Prevention of Significant Deterioration Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each proposed new major source or major
					 modification in an attainment or unclassifiable area shall comply with the
					 requirements of this section. In addition, each proposed new major source of
					 greenhouse gases (GHGs) or major modification involving GHGs shall comply with
					 the applicable requirements of this section. The owner or operator of a
					 proposed new or modified facility that will be a new major stationary source
					 for the prevention of significant deterioration air contaminant shall meet the
					 additional requirements of subsection (c)(1) - (4) of this section.
(b) De minimis threshold test (netting):
(1) is required for all modifications to
					 existing major sources of federally regulated new source review pollutants,
					 unless the proposed project emissions increases are less than major
					 modification thresholds for the pollutant identified in 40 Code of Federal
					 Regulations (CFR) §52.21(b)(23); and
(2) is required for GHGs at existing major
					 sources if the proposed modification results in an emissions increase as
					 required in §
												116.164(a)(2) of
					 this title (relating to Prevention of Significant Deterioration Applicability
					 for Greenhouse Gases Sources).
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 B - NEW SOURCE REVIEW PERMITS › Division 6 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 116.161 - Source Located in an Attainment Area with a Greater Than De Minimis Impact

Current through Reg. 49, No. 28; July 12, 2024
The commission may not issue a permit to any new major
						stationary source or major modification located in an area designated as
						attainment or unclassifiable, for any National Ambient Air Quality Standard
						(NAAQS) under FCAA, §107, if ambient air impacts from the proposed source
						would cause or contribute to a violation of any NAAQS. In order to obtain a
						permit, the source must reduce the impact of its emissions upon air quality by
						obtaining sufficient emission reductions to eliminate the predicted exceedances
						of the NAAQS. A major source or major modification will be considered to cause
						or contribute to a violation of a NAAQS when the emissions from such source or
						modification would, at a minimum, exceed the de minimis impact levels specified
						in §
											101.1 of
						this title (relating to Definitions) at any locality that is designated as
						nonattainment or is predicted to be nonattainment for the applicable
						standard.
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 B - NEW SOURCE REVIEW PERMITS › Division 6 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 116.162 - Evaluation of Air Quality Impacts

Current through Reg. 49, No. 28; July 12, 2024
In evaluating air quality impacts under §
											116.160
						of this title (relating to Prevention of Significant Deterioration
						Requirements) or §
											116.161
						of this title (relating to Sources Located in an Attainment Area with a Greater
						Than De Minimis Impact), the owner or operator of a proposed new facility or
						modification of an existing facility shall not take credit for reductions in
						impact due to dispersion techniques as defined in Title 40 Code of Federal
						Regulations (CFR). The relevant federal regulations are incorporated herein by
						reference, as follows:
(1)
											40
					 CFR §51.100(hh) - (kk)
					 promulgated November 7, 1986;
(2)
					 the definitions of "owner or operator," "emission limitation and emission
					 standards," "stack," "a stack in existence," and "reconstruction," as given
					 under
					 40
					 CFR §51.100(f), (z), (ff),
					 (gg), promulgated November 7, 1986, and
					 40 CFR
					 §60.15, promulgated December 16, 1975,
					 respectively;
(3)
											40 CFR §51.118(a) and
					 (b), promulgated November 7, 1986;
					 and
(4)
											40 CFR
					 §51.164, promulgated November 7,
					 1986.
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 B - NEW SOURCE REVIEW PERMITS › Division 6 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 116.163 - Prevention of Significant Deterioration Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) If the estimated capital cost of the
					 project is less than $300,000 or if the project consists of new facilities
					 controlled and operated directly by the federal government for which an
					 application is submitted after January 1, 1987, and the federal regulations for
					 Prevention of Significant Deterioration (PSD) of Air Quality are applicable,
					 the fee is $3,000.
(b) If the
					 estimated capital cost of the project is $300,000 or more and the PSD
					 regulations are applicable, the fee is 1.0% of the estimated capital cost of
					 the project. The maximum fee is $75,000.
(c) Whenever a permit application is
					 submitted under PSD requirements, there shall be no additional fee for the
					 state new source review permit application.
(d) Certification of the estimated capital
					 cost of the project shall be provided in accordance with §
											116.141(c) and
					 (d) of this title (relating to Determination
					 of Fees).
(e) A fee of $75,000
					 shall be required if no estimate of capital project cost is included with a
					 permit application.
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 B - NEW SOURCE REVIEW PERMITS › Division 6 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 116.164 - Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources

Current through Reg. 49, No. 28; July 12, 2024
(a) Greenhouse
					 Gases (GHGs) are subject to Prevention of Significant Deterioration (PSD)
					 review under the conditions specified in paragraphs (1) or (2) of this
					 subsection. Projects with increases in GHG emissions do not require a PSD
					 applicability evaluation for GHGs unless the project requires PSD review for a
					 pollutant other than GHGs.
(1) New source,
					 major for non-GHGs. The stationary source is a new major stationary source for
					 a federally regulated new source review (NSR) pollutant that is not GHGs, and
					 will emit or have the potential to emit 75,000 tons per year (tpy) or more
					 carbon dioxide equivalent (CO2 e); or
(2) Existing source, major for non-GHGs. The
					 stationary source is an existing major stationary source for a federally
					 regulated NSR pollutant that is not GHGs, and will have a significant net
					 emissions increase of a federally regulated NSR pollutant that is not GHGs, and
					 a net emissions increase greater than zero tpy GHGs on a mass basis and 75,000
					 tpy or more CO2 e.
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 B - NEW SOURCE REVIEW PERMITS › Division 6 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 116.169 - Greenhouse Gases Program Transitions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Upon the effective date of the United States Environmental Protection Agency
					 (EPA) approval of this chapter and rescission of the Federal Implementation
					 Plan as published in the May 3, 2011, issue of the Federal Register (76 FR
					 25178), the commission will accept transfer of and review applications
					 previously filed with EPA for greenhouse gas prevention of significant
					 deterioration permits. These applications will be subject to the applicable
					 requirements of this chapter.
(b)
					 Section
					 116.164
					 of this title (relating to Prevention of Significant Deterioration
					 Applicability for Greenhouse Gas Sources) will not apply to greenhouse gases at
					 a source that would not be subject to Prevention of Significant Deterioration
					 Review for greenhouse gases under a change in federal law on or after March 26,
					 2014.
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 B - NEW SOURCE REVIEW PERMITS › Division 7 - EMISSION REDUCTIONS: OFFSETS › Section 116.170 - Applicability of Emission Reductions as Offsets

Current through Reg. 49, No. 28; July 12, 2024
(a) No reduction may be used as an offset
					 unless it has been certified as an emission credit under Chapter 101,
					 Subchapter H, Division 1 or 4 of this title (relating to Emission Credit
					 Banking and Trading; or Discrete Emission Credit Banking and Trading), except
					 as provided for in subsection (c) of this section.
(b) Existing reductions not yet certified and
					 banked as an emission credit must be certified and banked with the executive
					 director by September 1, 2004 in order to be considered for use as an
					 offset.
(c) A future reduction may
					 be used as an offset for a permit provided that:
(1) the permit contains special conditions
					 that specify the date by which the permit holder must submit to the executive
					 director appropriate and sufficient data to verify that the reduction has
					 occurred and the reduction is provided by start of operation;
(2) the reduction must be achieved prior to
					 commencement of the permitted emissions for which the offset is
					 required;
(3) the reduction meets
					 all of the requirements of Chapter 101, Subchapter H, Division 1 or 4 of this
					 title when submitted to the executive director for review per the requirements
					 of the issued permit; and
(4) the
					 permit holder agrees to obtain additional offsets if the review by the
					 executive director indicates the reductions do not satisfy the original offset
					 requirements.
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 B - NEW SOURCE REVIEW PERMITS › Division 7 - EMISSION REDUCTIONS: OFFSETS › Section 116.172 - Emissions Offsets from Rocket Engine Firing and Cleaning

Current through Reg. 49, No. 28; July 12, 2024
Emissions increases from rocket engine and motor firing,
						and cleaning related to such firing, at an existing or modified major source,
						shall be allowed to be offset by alternative or innovative means, provided the
						following conditions are met.
(1) Any
					 modification proposed is solely for the purpose of expanding the testing of
					 rocket engines or motors at an existing source permitted to test such engines
					 as of November 15, 1990.
(2) The
					 source demonstrates to the satisfaction of the executive director that it has
					 used all reasonable means to obtain and utilize offsets, as determined on an
					 annual basis, for the emissions increases beyond allowable levels, that all
					 available offsets are being used, and that sufficient offsets are not available
					 to the source.
(3) The source has
					 obtained a written finding from the Department of Defense, Department of
					 Transportation, National Aeronautics and Space Administration, or other
					 appropriate federal agency, that the testing of rocket motors or engines at the
					 facility is required for a program essential to the national
					 security.
(4) The source will
					 comply with an alternative measure, imposed by the executive director, designed
					 to offset any emissions increases beyond permitted levels not directly offset
					 by the source. In lieu of imposing any alternative offset measures, the
					 executive director may impose an emissions fee to be paid, which shall be an
					 amount no greater than 1.5 times the average cost of stationary source control
					 measures adopted in that area during the previous three years.
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 B - NEW SOURCE REVIEW PERMITS › Division 7 - EMISSION REDUCTIONS: OFFSETS › Section 116.174 - Determination by Executive Director To Authorize Reductions

Current through Reg. 49, No. 28; July 12, 2024
The executive director may grant authority to a permit
						applicant to use prior emission reductions and emission reductions granted to
						the applicant by another entity (either public or private) in accordance with
						§
											116.170
						of this title (relating to Applicability for Reduction Credits) if the
						commission determines that the prior emission reductions have, in fact,
						occurred and, when considered with other emission reductions that may be
						required by the permit as well as contaminants that will be emitted by the new
						source, will result in compliance with §
											116.150
						of this title (relating to New Major Source or Major Modification in Ozone
						Nonattainment Areas), §
											116.151
						of this title (relating to New Major Source or Major Modification in
						Nonattainment Areas Other Than Ozone), §
											116.160
						of this title (relating to Prevention of Significant Deterioration
						Requirements), and §
											116.162
						of this title (relating to Evaluation of Air Quality Impacts), as applicable,
						in the area where the new source is to be located. Prior as well as future
						emission reductions to be used as an offset shall be made conditions for
						granting authority to construct the proposed new source and shall be
						enforced.
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 B - NEW SOURCE REVIEW PERMITS › Division 7 - EMISSION REDUCTIONS: OFFSETS › Section 116.175 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
The executive director will maintain no records of
						emission offset credits claimed by an applicant in accordance with §
											116.170
						of this title (relating to Applicability for Reduction Credits) other than
						those contained in permit application and permit files. The applicant shall
						maintain all records necessary to substantiate claims of emission reductions
						and shall make such records available for inspection upon request of the
						executive director.
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 B - NEW SOURCE REVIEW PERMITS › Division 7 - EMISSION REDUCTIONS: OFFSETS › Section 116.176 - Use of Mass Cap Allowances for Offsets

Current through Reg. 49, No. 28; July 12, 2024
Any allowances required to comply with the mass emission
						cap under Chapter 101, Subchapter H, Division 3 of this title (relating to Mass
						Emissions Cap and Trade Program) may be used to meet the correlating portion of
						the emission offset requirements needed to comply with §
											116.150
						of this title (relating to New Major Source or Major Modification in Ozone
						Nonattainment Areas).
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 B - NEW SOURCE REVIEW PERMITS › Division 8 - PORTABLE FACILITIES › Section 116.178 - Relocations and Changes of Location of Portable Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Portable facility requirements. The
					 following requirements apply to portable facilities.
(1) A portable permit must be authorized by
					 the executive director and designated with the appropriate portable permit,
					 portable registration, or portable account number.
(2) An applicant shall not use a permit by
					 rule or standard permit authorization as a waiver of public notice (public
					 notice requirements as specified in subsection (b)(2) of this section)
					 regardless of the registration number or account code assigned by the executive
					 director. A facility authorized by the Air Quality Standard Permit for Concrete
					 Batch Plants or concrete batch plant permits by rule for which an applicant
					 provided public notice is an exception.
(3) The executive director will not convert a
					 permanent facility permit number to a portable designation unless the owner or
					 operator is requesting a change of location as defined in §
												116.20
					 of this title (relating to Portable Facilities Definitions) for the facility.
					 The permit holder must publish notice for any change in an existing permit
					 number. The notice must identify the new permit number and the proposed
					 location.
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 C - PLANT-WIDE APPLICABILITY LIMITS › Division 1 - PLANT-WIDE APPLICABILITY LIMITS › Section 116.180 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 requirements apply to a plant-wide applicability limit (PAL) permit.
(1) Only one PAL may be issued for each
					 pollutant at an existing major stationary source.
(2) A PAL permit may include more than one
					 PAL.
(3) A PAL permit may not cover
					 facilities or emissions units at more than one existing major stationary
					 source.
(4) A PAL permit may be
					 consolidated with a new source review permit at the existing major stationary
					 source.
(5) A PAL permit can be
					 issued only for an existing major stationary source; it may not be issued for a
					 new major stationary source as defined in 40 Code of Federal Regulations
					 §51.165(a)(1)(iv)(A) and §51.166(b)(1)(i).
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 C - PLANT-WIDE APPLICABILITY LIMITS › Division 1 - PLANT-WIDE APPLICABILITY LIMITS › Section 116.182 - Plant-wide Applicability Limit Permit Application

Current through Reg. 49, No. 28; July 12, 2024
Any application for a new plant-wide applicability limit
						(PAL) permit or PAL permit amendment must be completed and signed by an
						authorized representative. In order to be granted a PAL permit or PAL permit
						amendment, the owner or operator of the proposed facility shall submit
						information to the commission that demonstrates that all of the following
						information is submitted:
(1) a list
					 of all facilities, or emissions units at a major stationary source, that emit
					 the PAL pollutant, including their registration or permit number, their
					 potential to emit, and the expected maximum capacity. In addition, the owner or
					 operator of the source shall indicate which, if any, federal or state
					 applicable requirements, emission limitations, or work practices apply to each
					 unit;
(2) calculations of the
					 baseline actual emissions with supporting documentation;
(3) the calculation procedures that the
					 permit holder proposes to use to convert the monitoring system data to monthly
					 emissions and annual emissions based on a 12-month rolling total for each
					 month; and
(4) the monitoring and
					 recordkeeping proposed satisfy the requirements of §
											116.186
					 of this title (relating to General and Special Conditions) for each
					 PAL.
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 C - PLANT-WIDE APPLICABILITY LIMITS › Division 1 - PLANT-WIDE APPLICABILITY LIMITS › Section 116.184 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
The plant-wide applicability limit permit application
						will be reviewed by the commission in accordance with §
											116.114
						of this title (relating to Application Review Schedule).
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 C - PLANT-WIDE APPLICABILITY LIMITS › Division 1 - PLANT-WIDE APPLICABILITY LIMITS › Section 116.188 - Plant-wide Applicability Limit

Current through Reg. 49, No. 28; July 12, 2024
The plant-wide applicability limit (PAL) is the sum of
						the baseline actual emissions of the PAL pollutant for each existing facility
						at the source to be covered. The allowable emission rate may be used for
						facilities that did not exist in the baseline period. Baseline actual emissions
						from facilities that were permanently shut down after the baseline period must
						be subtracted from the baseline emissions rate.
(1) An amount equal to the applicable
					 significant level for the PAL pollutant may be added to the baseline actual
					 emissions when establishing the PAL.
(2) When establishing the PAL level for a PAL
					 pollutant, only one consecutive 24-month period must be used to determine the
					 baseline actual emissions for all existing facilities. However, a different
					 consecutive 24-month period may be used for each different PAL
					 pollutant.
(3) The executive
					 director shall specify a reduced PAL level(s) in the PAL permit, to become
					 effective on the future compliance date(s) of any applicable federal or state
					 regulatory requirement.
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 C - PLANT-WIDE APPLICABILITY LIMITS › Division 1 - PLANT-WIDE APPLICABILITY LIMITS › Section 116.190 - Federal Nonattainment and Prevention of Significant Deterioration Review

Current through Reg. 49, No. 28; July 12, 2024
(a) An increase in
					 emissions from operational or physical changes at a facility, or emissions unit
					 at a major stationary source, covered by a plant-wide applicability limit (PAL)
					 permit is insignificant, for the purposes of major new source review under this
					 subchapter, if the increase does not exceed the PAL.
(b) At no time are emissions reductions of a
					 PAL pollutant that occur during the PAL effective period creditable as
					 decreases for purposes of offsets, unless the level of the PAL is reduced by
					 the amount of such emissions reductions and such reductions would be creditable
					 in the absence of the PAL.
(c) A
					 physical or operational change not causing an exceedance of a PAL is not
					 subject to federal restrictions on relaxing enforceable emission limitations to
					 avoid new source review.