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 C - PLANT-WIDE APPLICABILITY LIMITS › Division 1 - PLANT-WIDE APPLICABILITY LIMITS › Section 116.194 - Public Notice and Comment

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Applications for establishment or renewal of, or an increase in, a plant-wide
					 applicability limit permit under this division are subject to the notice and
					 comment requirements in Chapter 39 of this title (relating to Public
					 Notice).
(b) Nothing in this
					 section exempts an applicant for a new source review permit from the
					 requirements of Subchapter B of this chapter (relating to New Source Review
					 Permits).
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 116.196 - Renewal of a Plant-Wide Applicability Limit Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall provide
					 written notice to each plant-wide applicability limit (PAL) permit holder that
					 the permit is scheduled for review. Such notice must be provided by certified
					 or registered United States mail, or an electronic method which can provide
					 verification of receipt of the notice, no less than 12 months prior to the
					 scheduled expiration of the PAL permit. The notice must specify the procedure
					 for filing an application for review and the information to be included in the
					 application. Under Texas Occupations Code, §
											55.002,
					 the commission shall exempt a permit holder from any increased fee or other
					 penalty for failure to renew the permit if the individual establishes, to the
					 satisfaction of the commission, that the failure to renew in a timely manner
					 occurred because the individual was on active duty in the United States Armed
					 Forces serving outside the State of Texas.
(b) A stationary source owner or operator
					 shall submit a timely application to the executive director to request renewal
					 of a PAL permit. A timely application is one that is submitted at least six
					 months prior to, but not earlier than 18 months from, the date of permit
					 expiration. If the owner or operator of a stationary source submits a complete
					 application to renew the PAL permit within this time period, then the permit
					 will continue to be effective until the revised permit with the renewed PAL is
					 issued or the PAL permit is voided.
(c) All PAL permits issued prior to the
					 effective date of this section are subject to the renewal requirements under
					 this section. These permits must be renewed by December 31, 2006, or within the
					 time frame specified in subsection (b) of this section, whichever is
					 later.
(d) The following
					 information must be submitted with a PAL renewal application:
(1) a proposed PAL level;
(2) information as identified in §
												116.182(1)
					 of this title (relating to Plant-wide Applicability Limit Permit Application);
					 and
(3) any other information the
					 owner or operator wants the executive director to consider in determining the
					 appropriate level for renewing the 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 116.198 - Expiration or Voidance

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 plant-wide applicability limit (PAL) permit shall expire ten years after the
					 date of issuance if the renewal application is not submitted in accordance with
					 §
											116.196(b)
					 of this title (relating to Renewal of a Plant-wide Applicability Limit
					 Permit).
(b) Owners or operators of
					 major stationary sources who decide not to renew their PAL will, within the
					 time frame specified for PAL renewal applications in §
											116.196(b)
					 of this title, submit a proposed allowable emission limitation for each
					 facility (or each group of facilities, if such a distribution is more
					 appropriate as decided by the executive director) by distributing the PAL
					 allowable emissions for the major stationary source among each of the
					 facilities that existed under the PAL. If the PAL had not yet been adjusted for
					 an applicable requirement that became effective during the PAL effective
					 period, the distribution shall be made as if the PAL had been
					 adjusted.
(c) The executive
					 director shall decide whether and how the PAL allowable emissions will be
					 distributed and issue a revised permit incorporating allowable limits for each
					 facility, or each group of facilities, as the executive director determines is
					 appropriate. Each facility shall comply with the allowable emission limitation
					 on a 12-month rolling basis. The executive director may approve the use of
					 monitoring systems (source testing, emission factors, etc.) other than a
					 continuous emission monitoring system, continuous emission rate monitoring
					 system, predictive emission monitoring system, or continuous parameter
					 monitoring system to demonstrate compliance with the allowable emission
					 limitation.
(1) Until the executive director
					 issues the revised permit incorporating allowable limits for each facility, or
					 each group of facilities, the source shall continue to comply with a
					 source-wide, multi-unit emissions cap equivalent to the level of the PAL
					 emission limitation.
(2) Any
					 physical change or change in the method of operation at the major stationary
					 source will be subject to federal new source review requirements if the change
					 meets the definition of major modification in §
												116.12
					 of this title (relating to Nonattainment and Prevention of Significant
					 Deterioration Definitions).
(3) The
					 major stationary source owner or operator shall continue to comply with any
					 state or federal applicable requirements that applied during the PAL effective
					 period.
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 D - PERMIT RENEWALS › Section 116.310 - Notification of Permit Holder

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall provide written notice to the
					 permit holder that the permit is scheduled for review. Such notice must be
					 provided by certified or registered United States mail, or an electronic method
					 which can provide verification of receipt of the notice, no less than 12 months
					 prior to the expiration of the permit. The notice must specify the procedure
					 for filing an application for review and the information to be included in the
					 application. Under Texas Occupations Code, §
										55.002,
					 the commission shall exempt a permit holder from any increased fee or other
					 penalty for failure to renew the permit if the individual establishes, to the
					 satisfaction of the commission, that the failure to renew in a timely manner
					 occurred because the individual was on active duty in the United States Armed
					 Forces serving outside the State of Texas.
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 D - PERMIT RENEWALS › Section 116.311 - Permit Renewal Application

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  be granted a permit renewal, the permit holder shall submit information in
				  support of the application which demonstrates that:
(1) dockside vessel emissions associated with
				  the facility will comply with all rules and regulations of the commission and
				  with the intent of the TCAA, including protection of the health and property of
				  the public and minimization of emissions to the extent possible, consistent
				  with good air pollution practices.
(2) the facility is being operated in
				  accordance with all requirements and conditions of the existing permit,
				  including representations in the application for permit to construct and
				  subsequent amendments, and any previously granted renewal, unless otherwise
				  authorized for a qualified facility;
(3) the facility meets the requirements of
				  any applicable New Source Performance Standards as listed under Title 40 Code
				  of Federal Regulations (CFR) Part 60, promulgated by the EPA under the
				  authority of the FCAA, §111, as amended;
(4) the facility meets the requirements of
				  any applicable emission standard for hazardous air pollutants as listed under
				  Title 40 CFR Part 61, promulgated by EPA under the authority of the FCAA,
				  §112, as amended; and
(5) the
				  facility meets the requirements of any applicable maximum achievable control
				  technology standard as listed under 40 CFR Part 63, promulgated by the EPA
				  under FCAA, §112 or as listed under Chapter 113, Subchapter C of this
				  title (relating to National Emissions Standards for Hazardous Air Pollutants
				  for Source Categories (FCAA §112,
				  40 CFR
				  63)).
(6) the facility meets the requirements of
				  Subchapter C 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 D - PERMIT RENEWALS › Section 116.312 - Public Notification and Comment Procedures

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall mail a written notice to the
					 permit holder within 30 days after receipt of a complete application. The
					 notice will confirm receipt of the application and shall require the applicant
					 to provide public notice of the application for permit renewal in accordance
					 with Chapter 39 of this title (relating to Public Notice).
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 D - PERMIT RENEWALS › Section 116.313 - Renewal Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The fee for renewal is based on the total annual allowable emissions from the
				  permitted facility to be renewed, according to the following table.
Attached
					 Graphic
(b) Fees
				  are due and payable at the time the renewal application is filed. No fee will
				  be accepted before the permit holder has been notified by the commission that
				  the permit is scheduled for review. All permit review fees shall be remitted by
				  check, certified check, electronic funds transfer, or money order payable to
				  the Texas Commission on Environmental Quality (TCEQ) and mailed to the TCEQ,
				  P.O. Box 13088, MC 214, Austin, Texas 78711-3088. Required fees must be
				  received before the agency will consider an application to be
				  complete.
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 D - PERMIT RENEWALS › Section 116.314 - Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal of
				  permit. The executive director shall renew a permit and notify the permit
				  holder in writing if it is determined that the facility meets the requirements
				  of this subchapter.
(b) Denial of
				  renewal. Prior to denial, the executive director shall provide notice to the
				  permit holder with a report which describes the basis for denial.
(1) If denial is based on failure to meet the
				  requirements of §
											116.311(a)
				  or (b) of this title (relating to Permit
				  Renewal Application), the report shall establish a schedule for compliance with
				  the renewal requirements.
(A) The report
				  shall be forwarded to the permit holder no later than 180 days after the
				  commission receives a completed application.
(B) The permit shall be renewed if the
				  requirements are met according to the schedule specified in the report. The
				  executive director shall notify the permit holder in writing of the permit
				  renewal.
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 D - PERMIT RENEWALS › Section 116.315 - Permit Renewal Submittal

Current through Reg. 49, No. 28; July 12, 2024
(a) With the
				  exception of subsections (b) and (c) of this section, an application for
				  renewal must be submitted at least six months, but no earlier than 18 months,
				  prior to expiration of the permit or the permit will expire.
(b) With executive director approval, the
				  application may be submitted before or after the time period specified in
				  subsection (a) of this section.
(c)
				  A renewal application with appropriate fee may be submitted at the same time as
				  an amendment application to modify an existing facility as long as it is
				  submitted not more than three years before the permit's expiration date and the
				  amendment is subject to public notice requirements under Texas Health and
				  Safety Code, §
										382.056,
				  Notice of Intent to Obtain Permit or Permit Review; Hearing.
(d) Any permit issued:
(1) before December 1, 1991, is subject for
				  review 15 years after the date of issuance;
(2) on or after December 1, 1991, is subject
				  for review every ten years after the date of issuance; or
(3) at non-federal sources on or after
				  December 1, 1991, may, for cause, contain a provision requiring renewal between
				  five and ten 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 E - HAZARDOUS AIR POLLUTANTS: REGULATIONS GOVERNING CONSTRUCTED OR RECONSTRUCTED MAJOR SOURCES (FCAA, Section 112(g), 40 CFR PART 63) › Section 116.402 - Exclusions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of this subchapter do not apply to electric utility steam
				  generating units unless and until such time as these units are added to the
				  source category list under Federal Clean Air Act, §112(c)(5).
(b) The requirements of this subchapter do
				  not apply to stationary sources that are within a source category that has been
				  deleted from the source category list under Federal Clean Air Act,
				  §112(c)(9).
(c) The
				  requirements of this subchapter do not apply to research and development
				  activities, as defined in 40 Code of Federal Regulations,
				  §63.41.
(d) Nothing in this
				  subchapter shall prevent a state or local agency from imposing more stringent
				  requirements than those contained in this subchapter.
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 116.404 - Application

Current through Reg. 49, No. 28; July 12, 2024
Consistent with the requirements of 40 Code of Federal
					 Regulations §63.43 (concerning maximum achievable control technology
					 determinations for constructed and reconstructed major sources), the owner or
					 operator of a proposed affected source (as defined in §
										116.15(1)
					 of this title (relating to Section 112(g) Definitions)) shall submit a permit
					 application as described in §
										116.110
					 of this title (relating to Applicability).
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 116.406 - Public Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
Proposed affected sources (as defined in §
										116.15(1)
					 of this title (relating to Section 112(g) Definitions)) shall comply with the
					 public notice requirements contained in Chapter 39 of this title (relating to
					 Public Notice).
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 F - STANDARD PERMITS › Section 116.601 - Types of Standard Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For the purposes of this chapter a standard permit is either:
(1) one that was adopted by the commission in
				  accordance with Texas Government Code, Chapter 2001, Subchapter B, into this
				  subchapter; or
(2) one that is
				  issued by the commission in accordance with §
											116.603
				  of this title (relating to Public Participation in Issuance of Standard
				  Permits).
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 F - STANDARD PERMITS › Section 116.602 - Issuance of Standard Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission may issue a standard permit under the procedures in §
										116.603
				  of this title (relating to Public Participation in Issuance of Standard
				  Permits) if the commission finds that:
(1)
				  the standard permit is enforceable; and
(2) the commission can adequately monitor
				  compliance with the terms of the standard permit.
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 F - STANDARD PERMITS › Section 116.603 - Public Participation in Issuance of Standard Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission will publish notice of a
				  proposed standard permit in a daily or weekly newspaper of general circulation
				  in the area affected by the activity that is the subject of the proposed
				  standard permit. If the proposed standard permit will have statewide
				  applicability, notice will be published in the daily newspaper of largest
				  general circulation within each of the following metropolitan areas: Austin,
				  Dallas, and Houston and any other regional newspapers designated by the
				  executive director on a case-by-case basis. In all cases, the commission will
				  publish notice in the
Texas Register
and issue a press
				  release. Electronic means may be used to transmit notice to selected state and
				  local officials.
(b) The contents
				  of a public notice of a proposed standard permit shall be in accordance with
				  §
										122.506
				  of this title (relating to Public Notice for General Operating Permits) except
				  where clearly not applicable. Each notice will include an invitation for
				  written comments by the public regarding the proposed standard permit. The
				  public notice will specify a comment period of at least 30 days and the public
				  notice will be published not later than the 30th day before the commission
				  issues a standard permit.
(c) The
				  commission will hold a public meeting to provide an additional opportunity for
				  public comment. The commission will give notice of a public meeting under this
				  subsection as part of the notice described in subsection (b) of this section
				  not later than the 30th day before the date of the meeting. The public comment
				  period shall automatically be extended to the close of any public
				  meeting.
(d) If the commission
				  receives public comment related to the issuance of a standard permit, the
				  commission will issue a written response to the comments at the same time the
				  commission issues or denies the permit. The commission will make the response
				  available to the public, and shall mail the response to each
				  commenter.
(e) The commission will
				  publish notice of its final action on the proposed standard permit and the text
				  of its response to comments in the
Texas Register.
(f) The commission will make a copy of any
				  issued standard permit and response to comments available to the public for
				  inspection at the commission's Office of Permitting, Remediation, and
				  Registration in its Austin office, and also in the appropriate regional
				  offices.
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 F - STANDARD PERMITS › Section 116.604 - Duration and Renewal of Registrations to Use Standard Permits

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator who chooses to use a standard permit
					 shall register to use a standard permit in accordance with §
										116.611
					 of this title (relating to Registration to Use a Standard Permit), unless
					 otherwise specified in a specific standard permit.
(1) The registration to use a standard permit
				  is valid for a term not to exceed ten years.
(2) The holder of a standard permit shall be
				  required to renew the registration to use a standard permit by the date the
				  registration expires. Any registration renewal shall include the requirements,
				  as applicable, of §
										116.611
				  of this title (relating to Registration to Use a Standard Permit) and shall
				  provide information determined by the commission to be necessary to demonstrate
				  compliance with the requirements and conditions of the standard permit and with
				  applicable state and federal regulations.
(3) The commission will provide written
				  notice to registrants of the renewal deadline at least 180 days prior to the
				  expiration of the registration.
(4)
				  The commission may choose to renew registrations to use specific standard
				  permits automatically, and, in such cases, will provide written notice to
				  registrants.
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 F - STANDARD PERMITS › Section 116.605 - Standard Permit Amendment and Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A standard permit remains in effect until
				  amended or revoked by the commission.
(b) After notice and comment as provided by
				  subsection (c) of this section and §
										116.603(b)-(f)
				   of this title (relating to Public
				  Participation in Issuance of Standard Permits), a standard permit may be
				  amended or revoked by the commission.
(c) The commission will publish notice of its
				  intent to amend or revoke a standard permit in a daily or weekly newspaper of
				  general circulation in the area affected by the activity that is the subject of
				  the standard permit. If the standard permit has statewide applicability, then
				  the requirement for newspaper notice shall be accomplished by publishing notice
				  in the daily newspaper of largest general circulation within each of the
				  following major metropolitan areas: Austin, Dallas, and Houston. The commission
				  will also provide written notice to registrants and any persons requesting to
				  be on a mailing list concerning a specific standard permit. In both cases, the
				  commission will publish notice in the
Texas
				  Register.
(d) The
				  commission may, through amendment of a standard permit, add or delete
				  requirements or limitations to the permit.
(1) To remain authorized under the standard
				  permit, a facility shall comply with an amendment to the standard permit on the
				  later of either the deadline the commission provides in the amendment or the
				  date the facility's registration to use the standard permit is required to be
				  renewed. The commission may not require compliance with an amended standard
				  permit within 24 months of its amendment unless it is necessary to protect
				  public health.
(2) Before the date
				  the facility is required to comply with the amendment, the standard permit, as
				  it read before the amendment, applies to the facility.
(3) The commission will consider the
				  following when determining whether to amend or revoke a standard permit:
(A) whether a condition of air pollution
				  exists;
(B) the applicability of
				  other state or federal standards that apply or will apply to the types of
				  facilities covered by the standard permit;
(C) requests from the regulated community or
				  the public to amend or revoke a standard permit consistent with the
				  requirements of the TCAA; and
(D)
				  whether the standard permit requires best available control
				  technology.
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 F - STANDARD PERMITS › Section 116.606 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The commission may delegate to the executive director any
					 authority in this subchapter.
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 F - STANDARD PERMITS › Section 116.610 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the Texas
				  Clean Air Act, §382.051, a project that meets the requirements for a
				  standard permit listed in this subchapter or issued by the commission is hereby
				  entitled to the standard permit, provided the following conditions listed in
				  this section are met. For the purposes of this subchapter, project means the
				  construction or modification of a facility or a group of facilities submitted
				  under the same registration.
(1) Any project
				  that results in a net increase in emissions of air contaminants from the
				  project other than water, nitrogen, ethane, hydrogen, oxygen, or greenhouse
				  gases (GHGs) as defined in §
											101.1 of
				  this title (relating to Definitions), or those for which a national ambient air
				  quality standard has been established must meet the emission limitations of
				  §
											106.261
				  of this title (relating to Facilities (Emission Limitations)), unless otherwise
				  specified by a particular standard permit.
(2) Construction or operation of the project
				  must be commenced prior to the effective date of a revision to this subchapter
				  under which the project would no longer meet the requirements for a standard
				  permit.
(3) The proposed project
				  must comply with the applicable provisions of the Federal Clean Air Act (FCAA),
				  §111 (concerning New Source Performance Standards) as listed under 40 Code
				  of Federal Regulations (CFR) Part 60, promulgated by the United States
				  Environmental Protection Agency (EPA).
(4) The proposed project must comply with the
				  applicable provisions of FCAA, §112 (concerning Hazardous Air Pollutants)
				  as listed under 40 CFR Part 61, promulgated by the EPA.
(5) The proposed project must comply with the
				  applicable maximum achievable control technology standards as listed under 40
				  CFR Part 63, promulgated by the EPA under FCAA, §112 or as listed under
				  Chapter 113, Subchapter C of this title (relating to National Emissions
				  Standards for Hazardous Air Pollutants for Source Categories (FCAA, §112,
				  40 CFR Part 63)).
(6) If subject to
				  Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions
				  Cap and Trade Program) the proposed facility, group of facilities, or account
				  must obtain allocations to operate.
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 F - STANDARD PERMITS › Section 116.611 - Registration to Use a Standard Permit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If required, registration to use a standard permit shall be submitted using the
				  electronic method designated by the executive director for the applicable
				  standard permit. If a designated electronic method is not available, the
				  registration shall be sent by certified mail, return receipt requested, or hand
				  delivered to the executive director, the appropriate commission regional
				  office, and any local air pollution program with jurisdiction, before a
				  standard permit can be used. The registration must be submitted using the
				  required form and must document compliance with the requirements of this
				  section, including, but not limited to:
(1)
				  the basis of emission estimates;
(2) quantification of all emission increases
				  and decreases associated with the project being registered;
(3) sufficient information as may be
				  necessary to demonstrate that the project will comply with §
											116.610(b)
				  of this title (relating to Applicability);
(4) information that describes efforts to be
				  taken to minimize any collateral emissions increases that will result from the
				  project;
(5) a description of the
				  project and related process; and
(6) a description of any equipment being
				  installed.
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 F - STANDARD PERMITS › Section 116.614 - Standard Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
Any person who registers to use a standard permit or an
					 amended standard permit, or to renew a registration to use a standard permit
					 shall remit, at the time of registration, a flat fee of $900 for each standard
					 permit being registered, unless otherwise specified in a particular standard
					 permit. No fee is required if a registration is automatically renewed by the
					 commission. All standard 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) and delivered with the permit
					 registration to the TCEQ, P.O. Box 13088, MC 214, Austin, Texas 78711-3087. No
					 fees will be refunded.
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 F - STANDARD PERMITS › Section 116.617 - State Pollution Control Project Standard Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and applicability.
(1) This standard permit applies to pollution
				  control projects undertaken voluntarily or as required by any governmental
				  standard, that reduce or maintain currently authorized emission rates for
				  facilities authorized by a permit, standard permit, or permit by
				  rule.
(2) The project may include:
(A) the installation or replacement of
				  emissions control equipment;
(B)
				  the implementation or change to control techniques; or
(C) the substitution of compounds used in
				  manufacturing processes.
(3) This standard permit must not be used to
				  authorize the installation of emission control equipment or the implementation
				  of a control technique that:
(A) constitutes
				  the complete replacement of an existing production facility or reconstruction
				  of a production facility as defined in 40 Code of Federal Regulations
				  §60.15(b)(1) and (c); or
(B)
				  the executive director determines there are health effects concerns or the
				  potential to exceed a national ambient air quality standard criteria pollutant
				  or contaminant that results from an increase in emissions of any air
				  contaminant until those concerns are addressed by the registrant to the
				  satisfaction of the executive director; or
(C) returns a facility or group of facilities
				  to compliance with an existing authorization or permit unless authorized by the
				  executive director.
(4)
				  Prior to March 3, 2011, new or modified pollution control projects must meet
				  the conditions of this standard permit. All previous standard permit
				  registrations under this section that were authorized prior to the effective
				  date of this rule must include the increases and decreases in emissions
				  resulting from those projects in any future netting calculation and all other
				  conditions must be met upon the ten-year anniversary and renewal of the
				  original registration, or until administratively incorporated into the
				  facilities' permit, if applicable.
(5) Notwithstanding the requirements of
				  §
											116.604
				  of this title (relating to Duration and Renewal of Registrations to Use
				  Standard Permits), on or after March 3, 2011, no new or modified registrations
				  will be accepted and no existing registrations will be renewed.
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 116.710 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Flexible
				  permit. A person may obtain a flexible permit which allows for physical or
				  operational changes as provided by this subchapter as an alternative to
				  obtaining a new source review permit under §
										116.110
				  of this title (relating to Applicability), or in lieu of amending an existing
				  permit under §
										116.116 of
				  this title (relating to Changes to Facilities). A person may obtain a flexible
				  permit under §
										116.711
				  of this title (relating to Flexible Permit Application) for a facility, group
				  of facilities, or account before any actual work is begun, except as provided
				  in § 116.118 of this title (relating to Construction While Permit
				  Amendment Application Pending), provided however:
(1) only one flexible permit may be issued
				  for an account;
(2) modifications
				  to existing facilities included in a flexible permit may be authorized by the
				  amendment of an existing flexible permit;
(3) a new facility may be authorized by the
				  amendment of an existing flexible permit; and
(4) a flexible permit may not cover
				  facilities at more than one account.
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 116.711 - Flexible Permit Application

Current through Reg. 49, No. 28; July 12, 2024
In order to be granted a flexible permit or flexible permit
					 amendment, the owner or operator of the proposed facility shall submit a permit
					 application which must include:
(1) a
				  completed Form PI-1 General Application signed by an authorized representative
				  of the applicant. All additional support information specified on the form must
				  be provided before the application is complete;
(2) information which demonstrates that
				  emissions from the facility, including any associated dockside vessel
				  emissions, meet all of the following:
(A)
				  Protection of public health and welfare.
(i)
				  The emissions from the proposed facility, group of facilities, or account as
				  determined under §
												116.716
				  of this title (relating to Emission Caps and Individual Emission Limitations),
				  will comply with all applicable rules of the commission and with the intent of
				  the Texas Clean Air Act, including protection of the health and physical
				  property of the people.
(ii) In
				  considering the issuance of a flexible permit for construction or modification
				  of any facility, group of facilities, or account within 3,000 feet or less of
				  an elementary, junior high/middle, or senior high school, the commission shall
				  consider any possible adverse short-term or long-term side effects that an air
				  contaminant or nuisance odor from the facility, group of facilities, or account
				  may have on the individuals attending these school 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 G - FLEXIBLE PERMITS › Section 116.714 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
The flexible 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 G - FLEXIBLE PERMITS › Section 116.716 - Emission Caps and Individual Emission Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) Emission caps. To establish a cap for a
				  pollutant, the executive director will develop an emission cap for:
(1) all facilities at an account;
				  or
(2) a designated group of
				  facilities at an account.
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 116.717 - Implementation Schedule for Additional Controls

Current through Reg. 49, No. 28; July 12, 2024
If a facility requires the installation of additional
					 control or controls to meet an emission cap for a pollutant, the flexible
					 permit shall specify an implementation schedule for such additional controls.
					 The permit may also specify how the emission cap will be adjusted if such a
					 facility is taken out of service or fails to install the additional control
					 equipment as provided by the implementation 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 G - FLEXIBLE PERMITS › Section 116.718 - Significant Emission Increase

Current through Reg. 49, No. 28; July 12, 2024
An increase in emissions from operational or physical
					 changes at an existing facility authorized by a flexible permit is
					 insignificant, for the purposes of minor new source review under this
					 subchapter, if the increase does not exceed either the emission cap or
					 individual emission limitation. This section does not apply to an increase in
					 emissions from a new facility or to the emission of an air contaminant not
					 previously emitted by an existing facility.
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 116.720 - Limitation on Physical and Operational Changes

Current through Reg. 49, No. 28; July 12, 2024
Operational or physical changes authorized under this
					 subchapter may not result in an increase in actual emissions at facilities not
					 authorized by the flexible permit unless those affected facilities are
					 authorized pursuant to §
										116.110
					 of this title (relating to Applicability).
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 116.721 - Amendments and Alterations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Flexible permit amendments. All representations with regard to construction
				  plans and operation procedures in an application for a flexible permit or
				  flexible permit amendment, as well as any general and special conditions,
				  become conditions upon which the subsequent flexible permit is issued. Except
				  as provided in § 116.118 of this title (relating to Construction While
				  Permit Amendment Application Pending), it shall be unlawful for any person to
				  vary from such representation or flexible permit provision if the change will
				  cause a change in the method of control of emissions or the character of the
				  emissions, will relax emission controls, or will result in a significant
				  increase in emissions unless application is made to the executive director to
				  amend the flexible permit in that regard and such amendment is approved by the
				  executive director or commission. Applications to amend a flexible permit shall
				  be submitted with a completed Form PI-1 and are subject to the requirements of
				  §
										116.711
				  of this title (relating to Flexible Permit Application).
(b) Flexible permit alterations.
(1) A flexible permit alteration is for any
				  variation from a representation in a flexible permit application or a general
				  or special provision of a flexible permit that does not require a flexible
				  permit amendment.
(2) All flexible
				  permit alterations which may involve a change in a general or special condition
				  contained in the flexible permit, or affect control equipment performance must
				  receive prior approval by the executive director. The executive director shall
				  be notified in writing of all other flexible permit alterations within ten days
				  of implementing the change, unless the permit provides for a different method
				  of notification. Any flexible permit alteration request or notification shall
				  include information sufficient to demonstrate that the change does not
				  interfere with the owner or operator's previous demonstrations of compliance
				  with the requirements of §
											116.711
				  of this title, including the protection of public health and welfare. The
				  appropriate commission regional office and any local air pollution program
				  having jurisdiction shall be provided copies of all flexible permit alteration
				  documents.
(3) Flexible permit
				  alterations shall not be subject to the requirements of best available control
				  technology identified in §
											116.711(2)
				  of this title.
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 116.722 - Distance Limitations

Current through Reg. 49, No. 28; July 12, 2024
No flexible permit may be issued unless the distance and
					 location restrictions found in §
										116.112 of
					 this title (relating to Distance Limitations) are met.
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 116.730 - Compliance History

Current through Reg. 49, No. 28; July 12, 2024
As part of a flexible permit review, or the review of an
					 amendment of a flexible permit, or renewal of an existing flexible permit, the
					 requirements of Chapter 60 of this title (relating to Compliance History) shall
					 be applicable to the facility, group of facilities, or account being permitted,
					 amended, or renewed.
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 116.740 - Public Notice and Comment

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  who applies for a flexible permit or an amendment to a flexible permit shall
				  comply with the requirements in Chapter 39 of this title (relating to Public
				  Notice).
(b) Any person who applies
				  for an amendment to a flexible permit regarding an affected source (as defined
				  in §
										116.15(1)
				  of this title (relating to Section 112(g) Definitions)) subject to Subchapter E
				  of this title (relating to Hazardous Air Pollutants: Regulations Governing
				  Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part
				  63)) shall comply with the requirements in Chapter 39 of this title.
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 116.750 - Flexible Permit Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees
				  required. Any person who applies for a flexible permit or for an amendment to
				  an existing flexible permit shall remit, at the time of application for such
				  permit, a fee as set forth in subsection (b) of this section. Fees will not be
				  charged for flexible permit alterations, changes of ownership, or changes of
				  location of permitted facilities.
(b) Fee amounts. The fee to be remitted with
				  a flexible permit application shall be determined as set forth in §
										116.141 of
				  this title (relating to Determination of Fees).
(c) Payment of fees. All permit fees for a
				  flexible permit shall 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 and delivered with the application for flexible permit
				  or flexible permit amendment to the commission's Air Permits Division. Required
				  fees must be received before the agency will begin examination of the
				  application.
(d) Return of fees.
				  Fees must be paid at the time an application for a flexible permit or flexible
				  permit amendment is submitted. If the applicant withdraws the application prior
				  to issuance of the flexible permit or flexible permit amendment, one-half of
				  the fee will be refunded, except that the entire fee will be refunded for any
				  such application for which a permit by rule under Chapter 106 of this title
				  (relating to Permits by Rule) is allowed. No fees will be refunded after a
				  deficient application has been voided, denied, or after a flexible permit or
				  flexible permit amendment has been issued by the agency.