Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter B - PERMIT REQUIREMENTS › Division 3 - PERMIT APPLICATION › Section 122.132 - Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 A permit application shall provide any information, including confidential
					 information as addressed in Chapter 1 of this title (relating to Purpose of
					 Rules, General Provisions), required by the executive director to determine the
					 applicability of, or to codify, any applicable requirement or state-only
					 requirement.
(b) An application for
					 a general operating permit shall only be required to provide the information
					 necessary to determine qualification for, and to assure compliance with, the
					 general operating permit.
(c) An
					 applicant may submit an abbreviated initial permit application, containing only
					 the information in this section deemed necessary by the executive director. The
					 abbreviated application shall include at a minimum, a general application form
					 containing identifying information regarding the site and the applicant and a
					 certification by a responsible official. The executive director shall inform
					 the applicant in writing of the deadline for submitting the remaining
					 information.
(d) An application
					 shall include, but is not limited to, the following information:
(1) a general application form and all
					 information requested by that form;
(2) for each emission unit, information
					 regarding the general applicability determinations, which includes the
					 following:
(A) the general identification of
					 each potentially applicable requirement and potentially applicable state-only
					 requirement (e.g., New Source Performance Standards Subpart Kb);
(B) the applicability determination for each
					 requirement identified under subparagraph (A) of this paragraph; and
(C) the basis for each determination made
					 under subparagraph (B) of this paragraph;
(3) for each emission unit, information
					 regarding the detailed applicability determinations, which includes the
					 following:
(A) the specific regulatory
					 citations in each applicable requirement or state-only requirement identifying
					 the following:
(i) the emission limitations
					 and standards; and
(ii) the
					 monitoring, recordkeeping, reporting, and testing requirements associated with
					 the emission limitations and standards identified under clause (i) of this
					 subparagraph;
(B) the
					 basis for each applicability determination identified under subparagraph (A) of
					 this paragraph;
(4) a
					 compliance plan including the following information:
(A) the following statement: "As the
					 responsible official it is my intent that all emission units shall continue to
					 be in compliance with all applicable requirements they are currently in
					 compliance with, and all emission units shall be in compliance by the
					 compliance dates with any applicable requirements that become effective during
					 the permit term.";
(B) for all
					 emission units addressed in the application, an indication of the compliance
					 status with respect to all applicable requirements, based on any compliance
					 method specified in the applicable requirements and any other credible evidence
					 or information;
(C) for any
					 emission unit not in compliance with the applicable requirements identified in
					 the application, the following information:
(i) the method used for assessing the
					 compliance status of the emission unit;
(ii) a narrative description of how the
					 emission unit will come into compliance with all applicable
					 requirements;
(iii) a compliance
					 schedule (resembling and at least as stringent as any compliance schedule
					 contained in any judicial consent decree or administrative order to which the
					 site is subject), including remedial measures to bring the emission unit into
					 compliance with the applicable requirements; which shall be supplemental to,
					 and shall not sanction noncompliance with, the applicable requirements on which
					 it is based; and
(iv) a schedule
					 for the submission, at least every six months after issuance of the permit, of
					 certified progress reports;
(D) for any emission unit requiring
					 installation, testing, or final verification of operational status of
					 monitoring equipment to satisfy the requirements of compliance assurance
					 monitoring or periodic monitoring, the following information:
(i) an implementation plan and schedule for
					 installing, testing, and performing any other appropriate activities prior to
					 use of the monitoring; and
(ii)
					 milestones for completing such installation, testing, or final
					 verification;
(5) if applicable, information requested by
					 the nationally-standardized forms for the acid rain portions of permit
					 applications, and compliance plans required by the acid rain program;
(6) if applicable, a statement certifying
					 that a risk management plan, or a schedule to submit a risk management plan has
					 been submitted to the appropriate agency in accordance with Federal Clean Air
					 Act, §112(r)(7) (Prevention of Accidental Releases);
(7) for applicants requesting a permit
					 shield, any information requested by the executive director in order to
					 determine whether to grant the shield;
(8) a certification in accordance with §
												122.165
					 of this title (relating to Certification by a Responsible Official);
(9) fugitive emissions from an emission unit
					 shall be included in the permit application and the permit in the same manner
					 as stack emissions, regardless of whether the source category in question is
					 included in the list of sources contained in the definition of "Major
					 Source";
(10) for any application
					 for which the executive director has not authorized initiation of public notice
					 by June 3, 2001, any preconstruction authorizations that are applicable to
					 emission units at the site;
(11)
					 for emission units subject to compliance assurance monitoring, as specified in
					 §
												122.604
					 of this title (relating to Compliance Assurance Monitoring Applicability),
					 information specified in 40 Code of Federal Regulations (CFR) §64.3
					 (Monitoring Design Criteria); and
					 40 CFR §
													64.4 (Submittal Requirements), according to
					 the schedule specified in
					 40 CFR §
													64.5 (Deadlines for Submittals);
					 and
(12) for emission units subject
					 to periodic monitoring, as specified in §
												122.602
					 of this title (relating to Periodic Monitoring Applicability), proposed
					 periodic monitoring requirements sufficient to yield reliable data from the
					 relevant time period that are representative of the emission unit's compliance
					 with the applicable requirement, and testing, monitoring, reporting, or
					 recordkeeping sufficient to assure compliance with the applicable requirement,
					 shall be submitted for the following permitting actions:
(A) permits issued under §
													122.201
					 of this title (relating to Initial Permit Issuance);
(B) permit renewals issued under §
													122.243
					 of this title (relating to Permit Renewal Procedures);
(C) permit reopenings issued under §
													122.231(a) and
					 (b) of this title (relating to Permit
					 Reopenings);
(D) significant permit
					 revisions issued under §
													122.221
					 of this title (relating to Procedures for Significant Permit Revisions);
					 and
(E) minor permit revisions
					 issued under §
													122.217
					 of this title (relating to Procedures for Minor Permit Revisions).