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 L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1422 - General and Special Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permits issued under this subchapter may contain general and special
				  conditions. The holders of a permit under this subchapter shall comply with any
				  and all such conditions.
(b)
				  Holders of permits issued under this subchapter shall comply with the following
				  general conditions, regardless of whether they are specifically stated within
				  the permit document.
(1) Report of
				  construction progress. The permit holder shall report start of construction,
				  construction interruptions exceeding 45 days, and completion of construction.
				  The report shall be given to the appropriate regional office of the commission
				  not later than 15 working days after occurrence of the event.
(2) Startup notification.
(A) The permit holder shall notify the
				  appropriate regional office of the commission, and any local air pollution
				  control agencies having jurisdiction, prior to the commencement of operations
				  of the facilities authorized by the permit. The notification must be made in
				  such a manner as to allow a representative of the commission and a
				  representative of any local air pollution control agency having jurisdiction to
				  be present at the commencement of operations.
(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 units commencing operations
				  at different times.
(C) Prior to
				  operation of the facilities authorized by the permit, the permit holder shall
				  identify to the commission's Office of Permitting, Remediation, and
				  Registration 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).
(3) Sampling requirements.
(A) If sampling is required, the permit
				  holder shall contact the commission's Office of Compliance and Enforcement
				  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 permit holder is also responsible for
				  providing sampling facilities and conducting the sampling operations, or
				  contracting with an independent sampling consultant.
(4) Equivalency of methods. The permit holder
				  must demonstrate or otherwise justify the equivalency of emission control
				  methods, sampling or other emission testing methods, and monitoring methods
				  proposed as alternatives to methods indicated in the conditions of the permit.
				  Alternative methods shall be applied for in writing and must be reviewed and
				  approved by the executive director prior to using these methods in fulfilling
				  any requirements of the permit.
(5)
				  Recordkeeping. The permit holder shall:
(A)
				  maintain a copy of the permit along with records containing the information and
				  data sufficient to demonstrate compliance with the permit, including production
				  records and operating hours;
(B)
				  keep all required records in a file at the facility 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 the executive director or any local air pollution
				  control agency having jurisdiction over the site. 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 attached
				  to the permit;
(E) retain
				  information in the file for at least two years following the date that the
				  information or data is obtained; and
(F) for persons certifying and registering a
				  federally enforceable emission limitation in accordance with §
												116.611
				  of this title (relating to Registration to Use a Standard Permit), retain all
				  records demonstrating compliance for at least five years.
(6) Maximum allowable emission rates. The
				  total emissions of air contaminants from any of the sources of emissions must
				  not exceed the values stated on the table attached to the permit entitled
				  "Emission Sources--Maximum Allowable Emission Rates."
(7) Maintenance of emission control. The
				  permitted facilities 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. The permit holder shall
				  provide notification for emissions events and maintenance in accordance with
				  Chapter 101, Subchapter F of this title (relating to Emissions Events and
				  Scheduled Maintenance, Startup, and Shutdown Activities).
(8) Compliance with rules.
(A) Acceptance of a permit by an applicant
				  constitutes an acknowledgment and agreement that the permit holder will comply
				  with all rules, regulations, and orders of the commission issued in conformity
				  with Texas Health and Safety Code, Chapter 382, Texas Clean Air Act, and the
				  conditions precedent to the granting of the permit.
(B) If more than one state or federal rule or
				  regulation or permit condition are applicable, the most stringent limit or
				  condition shall govern and be the standard by which compliance shall be
				  demonstrated.
(C) Acceptance
				  includes consent of the executive director 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 permit.