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 116.192 - Amendments and Alterations

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
					 increase in a plant-wide applicability limit (PAL) must be made through
					 amendment. Amendment applications must also include the information identified
					 in §
											116.182
					 of this title (relating to Plant-wide Applicability Limit Permit Application)
					 for new and modified facilities contributing to the increase in emissions so as
					 to cause the major stationary source's emissions to equal or exceed its PAL and
					 are subject to the public notice requirements under §
											116.194
					 of this title (relating to Public Notice and Comment).
(1) As part of this application, the major
					 stationary source owner or operator shall demonstrate that the sum of the
					 baseline actual emissions of the small facilities, plus the sum of the baseline
					 actual emissions of the significant and major facilities assuming application
					 of federal best available control technology (BACT) (as identified in §
												116.160(c)(1)(A)
					 of this title (relating to Prevention of Significant Deterioration
					 Requirements)) equivalent controls, plus the sum of the allowable emissions of
					 the new or modified facilities exceeds the PAL. The level of control that would
					 result from federal BACT equivalent controls on each significant or major
					 facility shall be determined by conducting a new federal BACT analysis at the
					 time the application is submitted, unless the facility is currently required to
					 comply with a federal BACT or lowest achievable emission rate (LAER)
					 requirement that was established within the preceding ten years. In such a
					 case, the assumed control level for that emissions unit shall be equal to the
					 level of federal BACT or LAER with which that emissions unit must currently
					 comply.
(2) The owner or operator
					 shall obtain a major new source review permit under applicable provision of
					 Subchapter B, Division 5 and Division 6 of this chapter (relating to
					 Nonattainment Review Permits; and Prevention of Significant Deterioration
					 Review, respectively) for all facilities contributing to the increase in
					 emissions so as to cause the major stationary source's emissions to equal or
					 exceed its PAL, regardless of the magnitude of the emissions increase. These
					 facilities shall comply with any emissions requirements resulting from the
					 major new source review process.
(3) The PAL permit shall require that the
					 increased PAL level be effective on the day any emission unit that is part of
					 the PAL major modification becomes operational and begins to emit the PAL
					 pollutant.
(4) The new PAL shall be
					 the sum of the allowable emissions for each modified or new facility, plus the
					 sum of the baseline actual emissions of the significant and major emissions
					 units after the application of federal BACT equivalent controls as identified
					 in paragraph (1) of this subsection, plus the sum of the baseline actual
					 emissions of the small emissions units.