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 G - FLEXIBLE PERMITS › Section 116.760 - Flexible Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
Flexible permits will be renewed in accordance with
					 Subchapter D of this chapter (relating to Permit Renewals).
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 116.765 - Compliance Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a) The compliance
				  date is 60 days after publication in the Federal Register of the final approval
				  by the United States Environmental Protection Agency (EPA) of all or portions
				  of §§ 116.13, 116.710, 116.711, 116.714 - 116.718, 116.720 - 116.722,
				  116.740, 116.750, 116.760, and 116.765 of this title (relating to Flexible
				  Permit Definitions; Applicability; Flexible Permit Application; Application
				  Review Schedule; General and Special Conditions; Emission Caps and Individual
				  Emission Limitations; Implementation Schedule for Additional Controls;
				  Significant Emission Increase; Limitation on Physical and Operational Changes;
				  Amendments and Alterations; Distance Limitations; Public Notice and Comment;
				  Flexible Permit Fee; Flexible Permit Renewal; and Compliance Schedule)
				  submitted to the EPA as revisions to the Texas State Implementation
				  Plan.
(b) Until the compliance date
				  specified by subsection (a) of this section, applications for flexible permits
				  are governed by §§ 116.710, 116.711, 116.715 - 116.718, 116.720,
				  116.721, 116.730, 116.740 and 116.750 of this title, as they existed
				  immediately before January 5, 2011, and those rules are continued in effect for
				  that purpose. All other sections in this subchapter remain applicable to
				  applications for flexible 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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.910 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or
				  operator of a grandfathered electric generating facility (EGF) shall apply for
				  a permit to operate that facility under this subchapter and may apply for
				  permit authorization to operate certain facilities (identified in §
										116.911(f) of
				  this title (relating to Electric Generating Facility Permit Application)) that
				  are located at the same site as a grandfathered EGF.
(b) Owners or operators of electing EGFs
				  opting to obtain allowances under Chapter 101, Subchapter H, Division 2 of this
				  title (relating to Emissions Banking and Trading of Allowances), shall submit a
				  request to alter any related existing New Source Review (NSR) permits at the
				  time of application for a permit under subsection (a) of this section.
				  Alterations must be consistent with the requirements of §
										116.116(c) of
				  this title (relating to Changes to Facilities).
(c) The owner, or the operator who is
				  authorized to act for the owner, of a grandfathered or electing EGF is
				  responsible for complying with this subchapter.
(d) A municipal corporation, electric
				  cooperative, or river authority may exclude any EGF with a nameplate capacity
				  of 25 megawatts or less from this subchapter. The municipal corporation,
				  electric cooperative, or river authority must notify the commission by January
				  1, 2000, of its intent to exclude those EGFs. If the municipal corporation,
				  electric cooperative, or river authority reevaluates its intent to exclude
				  EGFs, it may choose to permit any of those EGFs consistent with the
				  requirements of this subchapter.
(e) A grandfathered EGF that generates
				  electric energy primarily for internal use but that during 1997 sold, to a
				  utility power distribution system, less than one-third of its potential
				  electrical output capacity, or less than 219,000 megawatt-hours, is not
				  required to obtain a permit under 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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.911 - Electric Generating Facility Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or operators of grandfathered or
				  electing electric generating facilities (EGF) shall submit an application to
				  authorize nitrogen oxides (NOx) emissions and, if
				  applicable, sulfur dioxide (SO2) and particulate matter
				  (PM) emissions. The application must include a completed Form PI-1-U, General
				  Application. The Form PI-1-U must be signed by an authorized representative of
				  the applicant. The Form PI-1-U specifies additional support information which
				  must be provided before the application is deemed complete. In order to be
				  granted an electric generating facility permit (EGFP), the owner or operator
				  shall submit information to the commission which demonstrates that all of the
				  following are met.
(1) Measurement of
				  emissions and performance demonstration. Applicants must propose monitoring and
				  reporting for the measurement of emissions and demonstration of performance
				  consistent with §
											116.914 of this title (relating to
				  Emissions Monitoring and Reporting Requirements).
(2) Control method. New control methods
				  proposed in initial applications must comply with the requirements in
				  §116.617(1), (3), (4)(A), and (B) and (5) - (9) of this title (relating to
				  Standard Permit for Pollution Control Projects).
(3) Air dispersion modeling or ambient
				  monitoring for pollution control projects. Computerized air dispersion modeling
				  and/or ambient monitoring may be required by the commission's Air Permits
				  Division where there is an increase in emissions to determine the air quality
				  impacts from controls proposed under paragraph (2) of this
				  subsection.
(4) Opacity limitations
				  for coal-fired grandfathered and electing EGFs. The coal-fired grandfathered
				  and electing EGFs must meet the opacity limitations of §
											111.111 of this title (relating to
				  Requirements for Specified 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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.912 - Electing Electric Generating Facilities

Current through Reg. 49, No. 28; July 12, 2024
An electing electric generating facility (EGF) may opt out
					 of the requirements of this subchapter under the following conditions.
(1) The electing EGF must notify the
				  commission of its intent to opt out prior to the beginning of the next control
				  period. The decision to opt out of the requirements of this subchapter will
				  become effective at the beginning of the control period that follows
				  notification to the commission.
(2)
				  The electing EGF may not opt out during a control period.
(3) Once the electing EGF has opted out, all
				  of the following apply:
(A) all allowances for
				  the electing EGF will be voided by the commission and may not be banked for
				  subsequent use;
(B) no allowances
				  will be allocated for subsequent control periods;
(C) the electing EGF may not participate in
				  the emissions banking and trading of allowances at any future date;
(D) the owner or operator shall request an
				  alteration to the existing New Source Review permit to remove the conditions
				  referencing the electric generating facility 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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.913 - General and Special Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The following general conditions shall be applicable to every electric
				  generating facility permit (EGFP) unless otherwise specified in the permit.
(1) A permit issued under this subchapter may
				  authorize the following:
(A) for
				  grandfathered natural gas-fired electric generating facilities (EGFs),
				  emissions of all air contaminants;
(B) for grandfathered coal-fired EGFs,
				  nitrogen oxides (NOx) emissions, sulfur dioxide (SO
				  2) emissions, and particulate matter (PM) through
				  opacity limitations as specified in §
												111.111
				  of this title (relating to Requirements for Specified Sources);
(C) for electing natural gas-fired EGFs,
				  allowances for NOx emissions;
(D) for electing coal-fired EGFs, allowances
				  for NO x emissions, allowances for
				  SO2 emissions, and PM through opacity limitations as
				  specified in §
												111.111
				  of this title; and
(E) for
				  facilities identified in §
												116.917(a)
				  of this title (relating to Electric Generating Facility Permit Application for
				  Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain
				  Grandfathered Facilities Located at Electric Generating Facility Sites),
				  emissions of all criteria pollutants.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.914 - Emissions Monitoring and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Grandfathered or electing electric
				  generating facilities (EGF) subject to 40 Code of Federal Regulations Part 75,
				  effective June 25, 1999 (40 CFR Part 75) shall do the following.
(1) For grandfathered or electing EGFs
				  subject to the requirements of 40 CFR Part 75, concerning Continuous Emission
				  Monitoring, all monitoring systems must comply with the initial performance
				  testing and periodic calibration, accuracy testing, and quality
				  assurance/quality control testing specified in 40 CFR Part 75.
(2) For grandfathered and electing EGFs
				  subject to 40 CFR Part 75, a certified monitoring system under 40 CFR Part 75
				  shall be used to demonstrate compliance with this subchapter.
(A) If the grandfathered or electing EGF has
				  a flow monitor certified under 40 CFR Part 75, nitrogen oxides (NO x) emissions
				  in pounds per hour shall be determined using a NOx continuous emission
				  monitoring system (CEMS) and the flow monitor.
(B) If the grandfathered or electing EGF does
				  not have a certified flow monitor, but does have a NOx CEMS, NOx emissions in
				  pounds per hour shall be determined by multiplying pounds of NOx per million
				  British thermal units (lbs/MMBtu) times heat input in MMBtu per hour
				  (MMBtu/hr). The procedures in 40 CFR Part 75, Appendix F, concerning Conversion
				  Procedures, Section 3, shall be used to convert the measured concentration of
				  NOx and a diluent (carbon dioxide (CO 2) or oxygen (O2)) into an emission rate
				  in lbs/MMBtu. The procedures in 40 CFR Part 75, Appendix F, Section 5, shall be
				  used to determine the hourly heat input in MMBtu/hr. These two values
				  (lbs/MMBtu and MMBtu/hr) shall be multiplied together to determine NO x
				  emissions in lbs/hr.
(C) The
				  procedures in 40 CFR Part 75, Appendix E, concerning Optional NOx Emissions
				  Estimation Protocol for Gas-fired Peaking Units and Oil-fired Peaking Units,
				  may be used to estimate the NOx emission rate.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.915 - Compliance History

Current through Reg. 49, No. 28; July 12, 2024
For all permit reviews under this subchapter, compliance
					 history reviews are required under Chapter 60 of this title (relating to
					 Compliance History). However, any grandfathered natural gas-fired electric
					 generating facility (EGF) which is considered permitted for the emissions of
					 all air contaminants under §
										116.911(d)
					 of this title (relating to Electric Generating Facility Permit Application)
					 will be subject to a compliance history review only for a modification, or the
					 amendment or renewal of the facility's EGF 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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.916 - Permits for Grandfathered and Electing Electric Generating Facilities in El Paso County

Current through Reg. 49, No. 28; July 12, 2024
Grandfathered and electing electric generating facilities
					 in El Paso County are not required to meet nitrogen oxides allowance
					 requirements if the commission or EPA determines that reductions in nitrogen
					 oxides emissions in the El Paso Region otherwise required by this subchapter
					 would result in increased ambient ozone levels in El Paso
					 County.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.918 - Additional General and Special Conditions for Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permits issued to facilities submitting applications under §
										116.917
				  of this title (relating to Electric Generating Facility Permit Application for
				  Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain
				  Grandfathered Facilities Located at Electric Generating Facility Sites) may
				  contain general and special conditions. The holders of a permit under this
				  subchapter shall comply with any and all such conditions.
(b) General conditions. Holders of permits
				  issued to facilities submitting applications in accordance with §
										116.917
				  of this title shall comply with the following general conditions, regardless of
				  whether they are specifically stated within the permit document.
(1) 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 regional
				  representatives 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.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.919 - Additional Requirements for Grandfathered Electric Generating Facility Permit Applications

Current through Reg. 49, No. 28; July 12, 2024
In addition to complying with all applicable requirements
					 of this subchapter, any application for a new grandfathered electric generating
					 facility permit under Texas Health and Safety Code, TCAA, §382.05185(c)
					 and (d) (relating to Electric Generating Facility Permits) for auxiliary
					 combustors and coal-fired units only must include emissions from the facility
					 resulting from any associated dockside vessel operations. These emissions must
					 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 control practices.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.920 - Public Participation for Initial Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for an electric generating
				  facility permit (EGFP) shall publish notice of intent to obtain the permit in
				  accordance with Chapter 39 of this title (relating to Public Notice).
(b) Any person who may be affected by
				  emissions from a grandfathered or electing EGF may request the commission to
				  hold a notice and comment hearing on the EGFP application. The public comment
				  period shall end 30 days after the publication of Notice of Receipt of
				  Application and Intent to Obtain Permit under §
										39.418 of this title (relating to
				  Notice of Receipt of Application and Intent to Obtain Permit). Any hearing
				  request must be made in writing during the 30-day public comment
				  period.
(c) Any hearing regarding
				  initial issuance of an EGFP shall be conducted under the procedures in §
										116.921 of this title (relating to
				  Notice and Comment Hearings for Initial Issuance) and not under the
				  Administrative Procedure Act.
(d)
				  Responses to public comments and the notice of the commission's decision to
				  issue or deny an EGFP shall be conducted under the procedures in §
										116.922 of this title (relating to
				  Notice of Final Action).
(e) A
				  person affected by a decision to issue or deny an EGFP may move for rehearing
				  under the appropriate procedure in Chapter 50 of this title (relating to Action
				  on Applications and Other Authorizations) and may seek judicial review under
				  Texas Clean Air Act, §382.032 (relating to Appeal of Commission
				  Action).
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.921 - Notice and Comment Hearings for Initial Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The notice and comment hearing
				  requirements apply only to the initial issuance of an electric generating
				  facility permit (EGFP).
(b) The
				  commission shall decide whether to hold a hearing. The commission is not
				  required to hold a hearing if the basis of the request by a person who may be
				  affected by emissions from a grandfathered or electing electric generating
				  facility (EGF) or a facility described in §
										116.911(f)
				  of this title (relating to Electric Generating Facility Permit Application) is
				  determined to be unreasonable. If a hearing is requested by a person who may be
				  affected by emissions from a grandfathered or electing EGF or a facility
				  described in §
										116.911(f)
				  of this title, and that request is reasonable, the commission shall hold a
				  hearing.
(c) At the applicant's
				  expense, notice of a hearing on a draft EGFP must be published in the public
				  notice section of one issue of a newspaper of general circulation in the
				  municipality in which the grandfathered or electing EGF or a facility described
				  in §
										116.911(f)
				  of this title is located, or in the municipality nearest to the location of the
				  grandfathered or electing EGF or a facility described in §
										116.911(f)
				  of this title. The notice must be published at least 30 days before the date
				  set for the hearing. The notice must include the following:
(1) the time, place, and nature of the
				  hearing;
(2) a brief description of
				  the purpose of the hearing; and
(3)
				  the name and phone number of the commission office to be contacted to verify
				  that a hearing will be held.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.922 - Notice of Final Action

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  public comment period or the conclusion of any notice and comment hearing, the
				  commission shall send notice by first-class mail of the final action on the
				  application to any person who commented during the public comment period or at
				  the hearing, and to the applicant.
(b) The notice must include the following:
(1) the response to any comments submitted
				  during the public comment period;
(2) identification of any change in the
				  conditions of the draft electric generating facility permit and the reasons for
				  the change;
(3) a statement that
				  any person affected by the decision of the commission may petition for
				  rehearing under the appropriate procedure in Chapter 50 of this title (relating
				  to Action on Applications and Other Authorizations) and may seek judicial
				  review under TCAA, §382.032 (relating to Appeal of Commission
				  Action).
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.926 - Permit Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees required.
				  Any person who applies for a permit in accordance with §
										116.917
				  of this title (relating to Electric Generating Facility Permit Application for
				  Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain
				  Grandfathered Facilities Located at Electric Generating Facility Sites) must
				  remit a fee of $450 at the time of application for such permit. If the facility
				  is a small business stationary source facility, as defined in TCAA,
				  §382.0365(h), the fee shall be $100.
(b) Payment of fees. All permit fees must be
				  remitted in the form of a check or money order made payable to the Texas
				  Natural Resource Conservation Commission and delivered to Texas Natural
				  Resource Conservation Commission, P. O. Box 13088, MC 214, Austin, Texas
				  78711-3088. Required fees must be received before the commission will begin
				  examination of the application.
(c)
				  Return of fees. Fees must be paid at the time an application for a permit is
				  submitted in accordance with this subchapter. If the applicant withdraws the
				  application prior to issuance of the permit, 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 in accordance with 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 permit has been
				  issued by the commission.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.928 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The commission delegates to the executive director the
					 authority to take any action on a permit issued under this subchapter. Section
					 116.922(b)(3)
					 of this title (relating to Notice of Final Action) provides notification that
					 any person affected by a decision of the commission may petition for rehearing.
					 Notwithstanding §
										116.922(b)(3)
					 of this title, any Notice of Final Action sent regarding a permit action under
					 this subchapter will state that a person affected by a decision of the
					 executive director may file a motion to overturn the executive director's
					 decision under §
										50.139
					 of this title (relating to Motion to Overturn Executive Director's Decision)
					 rather than a petition for rehearing.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.930 - Amendments and Alterations of Permits Issued Under this Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator planning a modification of a facility
					 permitted under this subchapter must comply with Subchapter B of this chapter
					 (relating to New Source Review Permits) before work is begun on the
					 construction of the modification. Amendments and alterations for permits issued
					 in accordance with this subchapter are subject to the requirements of
					 Subchapter B of this chapter.
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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.931 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
Electric generating facility permits shall be renewed in
					 accordance with Chapter 116, Subchapter D of this title (relating to Permit
					 Renewals).
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 J - MULTIPLE PLANT PERMITS › Section 116.1010 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  obtain a multiple plant permit for existing facilities subject to Texas Clean
				  Air Act (TCAA), §382.0518 or §382.0519 at multiple plant sites that
				  are owned or operated by the same person or persons under common control if:
(1) the aggregate rate of emission of air
				  contaminants to be authorized under the permit does not exceed the total of the
				  rates authorized in the existing permits (for previously permitted facilities);
				  and
(2) the emissions from the
				  facilities will not contravene the intent of the TCAA, including protection of
				  the public's health and physical 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 J - MULTIPLE PLANT PERMITS › Section 116.1011 - Multiple Plant Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An application for a multiple plant permit (MPP) must include a completed
				  application form. The application form must be signed by an authorized
				  representative of the applicant. The form specifies additional support
				  information which must be provided before the application is deemed complete.
				  In order to be granted an MPP, the owner or operator of the existing facilities
				  shall submit the following information to the executive director:
(1) information to demonstrate compliance
				  with applicable conditions of §
											116.711 of this title (relating to
				  Flexible Permit Application);
(2)
				  for permitted facilities, the relevant permit; and
(3) relevant information, indicating that the
				  emissions from the facilities will not contravene the intent of the Texas Clean
				  Air Act, including protection of the public's health and physical
				  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 J - MULTIPLE PLANT PERMITS › Section 116.1014 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
The multiple plant 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 J - MULTIPLE PLANT PERMITS › Section 116.1015 - General and Special Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Multiple plant permits may contain general and special conditions, including
				  special conditions which provide emission limitation for each facility and
				  which specify the aggregate rate of emissions of air contaminants. The holders
				  of a multiple plant permit shall comply with any and all such
				  conditions.
(b) Holders of multiple
				  plant permits shall comply with §
										116.115
				  of this title (relating to General and Special Conditions), as
				  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 J - MULTIPLE PLANT PERMITS › Section 116.1020 - Modifications

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator planning the modification of a
					 facility permitted under a multiple plant permit must comply with Subchapter B
					 of this chapter (relating to New Source Review Permits) before work is begun on
					 the construction of the modification.
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 J - MULTIPLE PLANT PERMITS › Section 116.1021 - Amendments and Alterations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Multiple plant permit amendments. All representations in an application for a
				  multiple plant permit, as well as any general and special conditions contained
				  in the permit, become conditions upon which the subsequent multiple plant
				  permit is issued. It shall be unlawful for any person to vary from such
				  representation or condition if the change is a modification, a change in the
				  method of control of emissions, or will result in an increase in emissions,
				  unless application is made to the commission to amend the multiple plant permit
				  in that regard and such amendment is approved by the commission. Applications
				  to amend a multiple plant permit shall be submitted with a completed Form PI-1
				  and are subject to the requirements of §
										116.116(b)
				  of this title (relating to Changes to Facilities).
(b) Multiple plant permit alterations.
(1) A multiple plant permit alteration is for
				  any variation from a representation in a multiple plant permit application or a
				  general or special condition of a multiple plant permit that does not require a
				  multiple plant permit amendment.
(2) All multiple plant permit alterations
				  which may involve a change in a general or special condition contained in the
				  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 multiple plant permit alterations within ten days of implementing the
				  change, unless the permit provides for a different method of notification. Any
				  multiple plant 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 §
											116.1011
				  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 multiple plant permit
				  alteration documents.
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 J - MULTIPLE PLANT PERMITS › Section 116.1040 - Multiple Plant Permit Public Notice and Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  for a multiple plant permit (MPP) that is filed on or after September 1, 2001,
				  is subject to the same procedural requirements of Chapters 39, 50, 55, and 80
				  of this title (relating to Public Notice; Action on Applications and Other
				  Authorizations; Requests for Reconsideration and Contested Case Hearings,
				  Public Comment; and Contested Case Hearings) that apply to applications
				  processed under Subchapter B of this chapter (relating to New Source Review
				  Permits), except that any required newspaper notice shall be published in
				  accordance with subsection (b)(1)(A) of this section.
(b) Applications for MPP initial issuance,
				  amendment, or revocation that are filed before September 1, 2001, are not
				  subject to Texas Government Code, Chapter 2001, and are subject to the notice
				  and hearing process of TCAA, §382.05197, as provided in this subsection.
(1) An applicant for an MPP shall comply with
				  the same public notice requirements that apply to initial issuance of voluntary
				  emission reduction permits and initial issuance of electric generating facility
				  permits as specified in §
											39.403(d)
				  of this title (relating to Applicability), except as provided by this section.
(A) An applicant for an MPP shall publish
				  notice of intent to obtain the permit as required under §
												39.603 of this
				  title (relating to Newspaper Notice), except that:
(i) the notice of a proposed MPP for existing
				  facilities shall be published in one or more state-wide or regional newspapers
				  that provide reasonable notice throughout the state; or
(ii) if the MPP for existing facilities will
				  be effective for only part of the state, the notice shall be published in a
				  newspaper of general circulation in the area to be affected.
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 J - MULTIPLE PLANT PERMITS › Section 116.1041 - Multiple Plant Permit Notice and Comment Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The notice and comment hearing
				  requirements apply only to an application filed before September 1, 2001, for a
				  multiple plant permit (MPP) initial issuance, amendment, or
				  revocation.
(b) The executive
				  director shall decide whether to hold a hearing. The executive director is not
				  required to hold a hearing if it determines that the basis of the request by a
				  person who may be affected by emissions from a facility that is included in an
				  MPP application is unreasonable. If a hearing is requested by a person who may
				  be affected by emissions from a facility that is included in an MPP
				  application, and that request is reasonable, the executive director will hold a
				  hearing.
(c) At the applicant's
				  expense, notice of a hearing on a draft permit must be published in the public
				  notice section of one issue of a newspaper of general circulation in the
				  municipality in which the facility that is included in an MPP application is
				  located, or in the municipality nearest to the location of the facility. The
				  notice must be published at least 30 days before the date set for the hearing.
				  The notice must include the following:
(1)
				  the time, place, and nature of the hearing;
(2) a brief description of the purpose of the
				  hearing; and
(3) the name and phone
				  number of the commission office to be contacted to verify that a hearing will
				  be held.
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 J - MULTIPLE PLANT PERMITS › Section 116.1042 - Notice of Final Action

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  public comment period or the conclusion of any notice and comment hearing,
				  notice will be sent by first class mail of the final action on the application
				  for initial issuance, amendment, or revocation of a multiple plant permit that
				  was filed before September 1, 2001. The notice will include the information
				  required by §39.420(a)(1) - (2) of this title (relating to Transmittal of
				  the Executive Director's Response to Comments and Decision) and will be sent to
				  any person who commented during the public comment period or at the hearing,
				  and to the recipients specified in §39.420(b)(1) - (3) and (5) - (6) of
				  this title.
(b) The notice must
				  include the following:
(1) the response to
				  any comments submitted during the public comment period;
(2) identification of any change in the
				  conditions of the draft permit and the reasons for the change; and
(3) a statement that any person affected by
				  the decision of the executive director may seek review under §
											50.139
				  of this title (relating to Motion to Overturn Executive Director's Decision),
				  and may seek judicial review under TCAA, §382.032, Appeal of Commission
				  Action.
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 J - MULTIPLE PLANT PERMITS › Section 116.1050 - Multiple Plant Permit Application Fee

Current through Reg. 49, No. 28; July 12, 2024
Any person who applies for a multiple plant permit (MPP)
					 shall remit, at the time of application for such permit, a fee of $900.
(1) Fees will not be charged for MPP
				  alterations, changes of ownership, or changes of location of permitted
				  facilities.
(2) Fees must be paid
				  at the time an application for a permit is submitted. No fees will be refunded
				  after a deficient application has been voided.
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 J - MULTIPLE PLANT PERMITS › Section 116.1060 - Multiple Plant Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
Multiple plant permits shall be renewed in accordance with
					 Subchapter D of this chapter (relating to Permit Renewals).
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 J - MULTIPLE PLANT PERMITS › Section 116.1070 - 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 K - EMERGENCY ORDERS › Section 116.1200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of a facility may apply to the
					 commission or the executive director for an emergency order under Texas Water
					 Code, §
										5.515,
					 and Chapter 35 of this title (relating to Emergency and Temporary Orders and
					 Permits; Temporary Suspension or Amendment of Permit Conditions), to authorize
					 immediate action for the addition, replacement, or repair of facilities or
					 control equipment, and authorizing associated emissions of air contaminants,
					 whenever a catastrophe necessitates such construction and emissions otherwise
					 precluded under the Texas Clean Air Act.
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 116.1400 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish, by rule,
					 reasonably streamlined procedures for the commission to issue authorization for
					 projects within the commission's jurisdiction under Texas Health and Safety
					 Code, Chapters 361 and 382 and Texas Water Code, Chapters 5 and
					 26.
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 116.1402 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to applications for authorization required to construct and operate a
				  component of the FutureGen project, and to applications to authorize
				  modification of a component of the FutureGen Project.
(b) This subchapter does not apply to an
				  application for a permit to construct or modify a new or existing coal-fired
				  electric generating facility that will use pulverized or supercritical
				  pulverized coal.
(c) This
				  subchapter does not apply to any applications or other requests for
				  authorization submitted after January 1, 2018.
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 116.1404 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
Any person who plans to construct or modify a component of
					 a project as designated in §
										116.1402
					 of this title (relating to Applicability) that may emit air contaminants into
					 the air of this state must obtain a permit under this chapter or qualify for a
					 permit by rule under Chapter 106 of this title (relating to Permits by
					 Rule).
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 116.1406 - Compliance History

Current through Reg. 49, No. 28; July 12, 2024
For all permit reviews under this subchapter, compliance
					 history reviews are required under Chapter 60 of this title (relating to
					 Compliance History).
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 116.1408 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Clean coal project--The
				  installation of one or more components of the coal-based integrated
				  sequestration and hydrogen research project to be built in partnership with the
				  United States Department of Energy, commonly referred to as the FutureGen
				  project. The term includes the construction or modification of a facility for
				  electric generation, industrial production, or the production of steam as a
				  byproduct of coal gasification to the extent that the facility installs one or
				  more components of the FutureGen project.
(2) Coal--All forms of coal, including
				  lignite.
(3) Component of the
				  FutureGen project--A process, technology, or piece of equipment that:
(A) is designed to employ coal gasification
				  technology to generate electricity, hydrogen, or steam in a manner that meets
				  the FutureGen project profile;
(B)
				  is designed to employ fuel cells to generate electricity in a manner that meets
				  the FutureGen project profile;
(C)
				  is designed to employ a hydrogen-fueled turbine to generate electricity where
				  the hydrogen is derived from coal in a manner that meets the FutureGen project
				  profile;
(D) is designed to
				  demonstrate the efficacy at an electric generation or industrial production
				  facility of a carbon dioxide capture technology in a manner that meets the
				  FutureGen project profile;
(E) is
				  designed to sequester a portion of the carbon dioxide captured from an electric
				  generation or industrial production facility in a manner that meets the
				  FutureGen project profile in conjunction with appropriate remediation plans and
				  appropriate techniques for reservoir characterization, injection control, and
				  monitoring;
(F) is designed to
				  sequester carbon dioxide as part of enhanced oil recovery in a manner that
				  meets the FutureGen project profile in conjunction with appropriate techniques
				  for reservoir characterization, injection control, and monitoring;
(G) qualifies for federal funds designated
				  for the FutureGen project;
(H) is
				  required to perform the sampling, analysis, or research necessary to submit a
				  proposal to the United States Department of Energy for the FutureGen project;
				  or
(I) is required in a final
				  United States Department of Energy request for proposals for the FutureGen
				  project or is described in a final United States Department of Energy request
				  for proposals as a desirable element to be considered in the awarding of the
				  project.
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 116.1410 - Emissions Profile for FutureGen Projects

Current through Reg. 49, No. 28; July 12, 2024
If the United States Department of Energy does not specify
					 an emissions profile for the FutureGen project, emissions of air contaminants
					 from a component of a FutureGen project shall equal no more than:
(1) 1% of the average sulphur content of the
				  coal or coals used for the generation of electricity at the
				  component;
(2) 10% of the average
				  mercury content of the coal or coals used for the generation of electricity at
				  the component;
(3) 0.05 pounds of
				  nitrogen oxides per million British thermal units (MMBTU) of energy produced at
				  the component; and
(4) 0.005 pounds
				  of particulate matter per MMBTU of energy produced at the component.