reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter A - DEFINITIONS › Section 122.10 - General Definitions

Current through Reg. 49, No. 28; July 12, 2024
The definitions in the Texas Clean Air Act, Chapter 101 of
					 this title (relating to General Air Quality Rules), and Chapter 3 of this title
					 (relating to Definitions) apply to this chapter. In addition, the following
					 words and terms, when used in this chapter, have the following meanings, unless
					 the context clearly indicates otherwise.
(1) Air pollutant--Any of the following
				  regulated air pollutants:
(A) nitrogen
				  oxides;
(B) volatile organic
				  compounds;
(C) any pollutant for
				  which a national ambient air quality standard has been promulgated;
(D) any pollutant that is subject to any
				  standard promulgated under Federal Clean Air Act (FCAA), §111 (Standards
				  of Performance for New Stationary Sources);
(E) unless otherwise specified by the United
				  States Environmental Protection Agency (EPA) by rule, any Class I or II
				  substance subject to a standard promulgated under or established by FCAA, Title
				  VI (Stratospheric Ozone Protection); or
(F) any pollutant subject to a standard
				  promulgated under FCAA, §112 (Hazardous Air Pollutants) or other
				  requirements established under FCAA, §112, including §112(g), (j),
				  and (r), including any of the following:
(i)
				  any pollutant subject to requirements under FCAA, §112(j). If the EPA
				  fails to promulgate a standard by the date established under FCAA,
				  §112(e), any pollutant for which a subject site would be major shall be
				  considered to be regulated on the date 18 months after the applicable date
				  established under FCAA, §112(e); and
(ii) any pollutant for which the requirements
				  of FCAA, §112(g)(2) have been met, but only with respect to the individual
				  site subject to FCAA, §112(g)(2) requirement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter A - DEFINITIONS › Section 122.12 - Acid Rain Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Acid Rain permit--The
				  legally binding and segregable portion of the federal operating permit issued
				  under this chapter, including any permit revisions, specifying the Acid Rain
				  Program requirements applicable to an affected source, to each affected unit at
				  an affected source, and to the owners and operators and the designated
				  representative of the affected source or the affected unit.
(2) Acid Rain Program--The national sulfur
				  dioxide and nitrogen oxides air pollution control and emissions reduction
				  program established in accordance with Federal Clean Air Act, Title IV,
				  contained in 40 Code of Federal Regulations Parts 72 - 78.
(3) Designated representative--The
				  responsible individual authorized by the owners and operators of an affected
				  source and of all affected units at the site, as evidenced by a certificate of
				  representation submitted in accordance with the Acid Rain Program, to represent
				  and legally bind each owner and operator, as a matter of federal law, in
				  matters pertaining to the Acid Rain Program. Such matters include, but are not
				  limited to: the holdings, transfers, or dispositions of allowances allocated to
				  a unit; and the submission of or compliance with Acid Rain permits, permit
				  applications, compliance plans, emission monitoring plans, continuous emissions
				  monitor (CEM), and continuous opacity monitor (COM) certification
				  notifications, CEM and COM certification and applications, quarterly monitoring
				  and emission reports, and annual compliance certifications. Whenever the term
				  "responsible official" is used in this chapter, it shall refer to the
				  "designated representative" with regard to all matters under the Acid Rain
				  Program.
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 1 - GENERAL REQUIREMENTS › Section 122.110 - Delegation of Authority to Executive Director

Current through Reg. 49, No. 28; July 12, 2024
The executive director may take action on any permit on
						behalf of the commission.
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 1 - GENERAL REQUIREMENTS › Section 122.120 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 identified in subsection (b) of this section, owners and operators of one or
					 more of the following are subject to the requirements of this chapter:
(1) any site that is a major source as
					 defined in §
												122.10 of
					 this title (relating to General Definitions);
(2) any site with an affected unit as defined
					 in 40 Code of Federal Regulations Part 72 subject to the requirements of the
					 Acid Rain Program;
(3) any solid
					 waste incineration unit required to obtain a permit under Federal Clean Air Act
					 (FCAA), §129(e) (Permits); or
(4) any site that is a non-major source which
					 the United States Environmental Protection Agency (EPA), through rulemaking,
					 has designated as no longer exempt or no longer eligible for a deferral from
					 the obligation to obtain a permit. For the purposes of this chapter, those
					 sources may be any of the following:
(A) any
					 non-major source so designated by the EPA, and subject to a standard,
					 limitation, or other requirement under FCAA, §111 (Standards of
					 Performance for New Stationary Sources);
(B) any non-major source so designated by the
					 EPA, and subject to a standard or other requirement under FCAA, §112
					 (Hazardous Air Pollutants), except for FCAA, §112(r) (Prevention of
					 Accidental Releases); or
(C) any
					 non-major source in a source category designated by the EPA.
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 1 - GENERAL REQUIREMENTS › Section 122.121 - Prohibition on Operation

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in §
											122.138 of
						this title (relating to Application Shield), owners and operators of sites
						identified in §
											122.120
						of this title (relating to Applicability) shall not operate emission units at
						those sites without a permit issued or granted under this
						chapter.
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 2 - APPLICABILITY › Section 122.122 - Potential to Emit

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
					 determining applicability of the Federal Operating Permit Program under this
					 chapter, the owner or operator of stationary sources without any other
					 federally-enforceable emission rate may limit their sources' potential to emit
					 by maintaining a certified registration of emissions, which shall be federally
					 enforceable. Emission rates in new source review permits under Chapter 116 of
					 this title (relating to Control of Air Pollution by Permits for New
					 Construction or Modification) and certified registrations provided for under
					 Chapter 106 of this title (relating to Permits by Rule) or Chapter 116 of this
					 title are also federally-enforceable emission rates.
(b) All representations in any registration
					 of emissions under this section with regard to emissions, production or
					 operational limits, monitoring, and reporting shall become conditions upon
					 which the stationary source shall operate. It shall be unlawful for any person
					 to vary from such representation unless the registration is first
					 revised.
(c) The registration of
					 emissions shall include documentation of the basis of emission rates and a
					 certification, in accordance with §
											122.165
					 of this title (relating to Certification by a Responsible Official), that the
					 maximum emission rates listed on the registration reflect the reasonably
					 anticipated maximums for operation of the stationary source.
(d) In order to qualify for registrations of
					 emissions under this section, the maximum emission rates listed in the
					 registration must be less than those rates defined for a major source in §
											122.10 of
					 this title (relating to General Definitions).
(e) The certified registrations of emissions
					 shall be submitted to the executive director; to the appropriate commission
					 regional office; and to all local air pollution control agencies having
					 jurisdiction over the site.
(1) Certified
					 registrations established prior to December 11, 2002, shall be submitted on or
					 before February 3, 2003.
(2)
					 Certified registrations established on or after December 11, 2002, shall be
					 submitted no later than the date of operation.
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 122.130 - Initial Application Due Dates

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Owners or operators of any site subject to the requirements of this chapter on
					 February 1, 1998, shall submit abbreviated initial applications by February 1,
					 1998. The executive director shall inform the applicant in writing of the
					 deadline for submitting the remaining application information.
(b) Owners and operators of sites identified
					 in §
											122.120
					 of this title (relating to Applicability) that become subject to the
					 requirements of this chapter after February 1, 1998 are subject to the
					 following requirements.
(1) If the site is a
					 new site or a site that will become subject to the program as the result of a
					 change at the site, the owner or operator shall not operate the change, or the
					 new emission units, before an abbreviated application is submitted under this
					 chapter. The executive director shall inform the applicant in writing of the
					 deadline for submitting the remaining information.
(2) If the site becomes subject to the
					 program as the result of an action by the executive director or the United
					 States Environmental Protection Agency (EPA), the owner or operator will submit
					 an abbreviated application no later than 12 months after the action that
					 subjects the site to the requirements of this chapter.
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 122.133 - Timely Application

Current through Reg. 49, No. 28; July 12, 2024
A timely application for a permit is one that is
						submitted as follows:
(1) for initial
					 permit issuance, in accordance with §
											122.130
					 of this title (relating to Initial Application Due Dates);
(2) for a permit renewal, at least six
					 months, but no earlier than 18 months, before the date of permit
					 expiration;
(3) for the initial
					 authorization to operate under the general operating permit, in accordance with
					 §
											122.130
					 of this title;
(4) for a renewal of
					 an authorization to operate under a general operating permit, at least six
					 months, but no earlier than 18 months, before the date of expiration of the
					 authorization; and
(5) for the
					 authorization to operate under a revised general operating permit, by the
					 effective date of the revised general operating permit.
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 122.134 - Complete Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 application is complete on the 61st day after receipt by the executive
					 director, unless the executive director has requested additional information or
					 otherwise notified the applicant of incompleteness.
(b) Except as provided in subsection (c) of
					 this section, a complete application for a permit shall include the following:
(1) for initial permit issuance, all
					 information required in §
												122.132
					 of this title (relating to Application and Required Information for Initial
					 Permit Issuance, Reopening, Renewal, or General Operating Permits);
(2) for permit renewal, an update of the
					 information held by the executive director and any information required by this
					 chapter that has not been previously submitted;
(3) for the initial authorization to operate
					 under a general operating permit, information necessary to determine
					 qualification for, and to assure compliance with, the general operating
					 permit;
(4) for the renewal of an
					 authorization to operate under a general operating permit, an update of the
					 information held by the executive director and any information required by this
					 chapter that has not been previously submitted; or
(5) for the authorization to operate under a
					 revised general operating permit, the information required by §
												122.504
					 of this title (relating to Application Revisions When an Applicable Requirement
					 or State-Only Requirement is Promulgated or Adopted or a General Operating
					 Permit is Revised or Rescinded).
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 122.136 - Application Deficiencies and Supplemental Information

Current through Reg. 49, No. 28; July 12, 2024
(a) All applications submitted under this
					 chapter are subject to the requirements of this section.
(b) If an applicant omits any relevant facts
					 or submits incorrect information in an application, the applicant shall submit
					 the relevant facts or correct the information no later than 60 days after
					 discovering the error.
(c) An
					 applicant shall provide additional information as necessary to address any
					 applicable requirements or state-only requirements that become applicable to
					 the site after the date the applicant files a complete application but prior to
					 release of the draft permit. Such information is not required to be submitted
					 prior to the executive director's technical permit review period.
(d) If while processing an application, the
					 executive director determines that additional information is necessary to
					 evaluate or take final action on that application, the executive director may
					 request the information and set a reasonable deadline for a response.
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 122.138 - Application Shield

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the
					 executive director takes final action on an application for initial permit
					 issuance, renewal, or a general operating permit, failure to have a permit is
					 not a violation of this chapter provided a timely and complete application has
					 been submitted to the executive director.
(b) The executive director may remove the
					 application shield if the applicant fails to submit by the deadline any
					 additional information necessary to process the application.
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 122.139 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall take final action to
						approve, void, or deny permit applications according to the following
						schedule.
(1) For those initial
					 applications required to be submitted by February 1, 1998, the executive
					 director shall take final action on at least one-third of those applications
					 annually.
(2) For any permit
					 application containing an early reduction demonstration under FCAA,
					 §112(i)(5) (Early Reduction), the executive director shall take final
					 action no later than nine months after receipt of the complete
					 application.
(3) Except as noted in
					 paragraphs (1) and (2) of this section, the executive director shall take final
					 action on an application for an initial permit or permit renewal no later than
					 18 months after the date on which the executive director deems the application
					 complete.
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 122.140 - Representations in Application

Current through Reg. 49, No. 28; July 12, 2024
The only representations in a permit application that
						become conditions under which a permit holder shall operate are the
						following:
(1) representations in an
					 acid rain permit application;
(2)
					 upon the granting of authorization to operate under a general operating permit,
					 applicability determinations and the bases for the determinations in a general
					 operating permit application; and
(3) any representation in an application
					 which is specified in the permit as being a condition under which the permit
					 holder shall operate.
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 4 - PERMIT CONTENT › Section 122.142 - Permit Content Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The conditions of the permit shall provide for compliance with the requirements
					 of this chapter.
(b) Each permit
					 issued under this chapter shall contain the information required by this
					 subsection.
(1) Unless otherwise specified in
					 the permit, each permit shall include the terms and conditions in §§
												122.143-
					 122.146
					 of this title (relating to General Terms and Conditions; Recordkeeping Terms
					 and Conditions; Reporting Terms and Conditions; and Compliance Certification
					 Terms and Conditions).
(2) Each
					 permit shall also contain specific terms and conditions for each emission unit
					 regarding the following:
(A) the generally
					 identified applicable requirements and state-only requirements (e.g., New
					 Source Performance Standards, Subpart Kb);
(B) the detailed applicability
					 determinations, which include the following:
(i) the specific regulatory citations in each
					 applicable requirement or state-only requirement identifying 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 sufficient to ensure compliance with the permit.
(3) Each permit for
					 which the executive director has not authorized initiation of public notice by
					 June 3, 2001 shall contain any preconstruction authorization that is applicable
					 to emission units at the site.
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 4 - PERMIT CONTENT › Section 122.143 - General Terms and Conditions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified in the permit, the following
						general terms and conditions shall become terms and conditions of each
						permit.
(1) Compliance with the permit
					 does not relieve the permit holder of the obligation to comply with any other
					 applicable rules, regulations, or orders of the commission, or of the United
					 States Environmental Protection Agency (EPA), except for those requirements
					 addressed by a permit shield.
(2)
					 The term of the permit shall not exceed five years from the date of initial
					 issuance or renewal of the permit. The authorization to operate under a general
					 operating permit shall not exceed five years from the date the authorization
					 was granted or renewed.
(3)
					 Consistent with the authority in Texas Health and Safety Code, Chapter 382,
					 Subchapter B (Powers and Duties of Commission), the permit holder shall allow
					 representatives from the commission or the local air pollution control program
					 having jurisdiction to do the following:
(A)
					 enter upon the permit holder's premises where an emission unit is located or
					 emissions-related activity is conducted, or where records must be kept under
					 the conditions of the permit;
(B)
					 access and copy any records that must be kept under the conditions of the
					 permit;
(C) inspect any emission
					 unit, equipment, practices, or operations regulated or required under the
					 permit; and
(D) sample or monitor
					 substances or parameters for the purpose of assuring compliance with the permit
					 at any time.
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 4 - PERMIT CONTENT › Section 122.144 - Recordkeeping Terms and Conditions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified in the permit, the following
						recordkeeping requirements shall become terms and conditions of the
						permit.
(1) The permit holder shall
					 maintain records of all required monitoring data and support information for a
					 period of at least five years from the date of the monitoring sample,
					 measurement, report, or application. If an applicable requirement or state-only
					 requirement specifies a longer data retention period, the records shall be
					 maintained for at least the period of time specified in the applicable
					 requirement or state-only requirement. The monitoring records shall include,
					 but are not limited to, the following:
(A) the
					 date, place as defined in the permit, and time of sampling or
					 measurements;
(B) the date(s)
					 analyses were performed;
(C) the
					 company or entity that performed the analyses;
(D) the analytical techniques or methods
					 used;
(E) the results of such
					 analyses;
(F) the relevant
					 operating conditions which are deemed necessary to characterize emission rates
					 at the time of sampling or measurement;
(G) the data from all calibration and
					 maintenance records;
(H) all
					 strip-chart recordings for continuous monitoring instrumentation; and
(I) copies of all reports required by the
					 permit.
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 4 - PERMIT CONTENT › Section 122.145 - Reporting Terms and Conditions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified in the permit, the following
						reporting requirements shall become terms and conditions of the permit.
(1) Monitoring reports.
(A) Reports of monitoring data required to be
					 submitted by an applicable requirement, or by the permit, shall be submitted to
					 the executive director.
(B) Reports
					 shall be submitted for at least each six-month period after permit issuance or
					 at the frequency required by an applicable requirement which requires more
					 frequent reporting.
(C) The
					 monitoring reports shall be submitted no later than 30 days after the end of
					 each reporting period.
(D) The
					 reporting of monitoring data does not change the data collection requirements
					 specified in an applicable requirement.
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 4 - PERMIT CONTENT › Section 122.146 - Compliance Certification Terms and Conditions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified in the permit, the following
						compliance certification requirements shall become terms and conditions of the
						permit.
(1) The permit holder shall
					 certify compliance with the terms and conditions of the permit as follows:
(A) The permit holder shall certify
					 compliance for at least each 12-month period following initial permit
					 issuance;
(B) The permit holder
					 shall certify compliance after the voidance of an issued permit, covering the
					 period from the date of the last certification to the date the permit is
					 voided; and
(C) The permit holder
					 shall certify compliance after the effective date of any change of ownership of
					 the permitted emission unit(s). The certification shall cover the period from
					 the date of the last certification to the effective date of the change of
					 ownership.
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 4 - PERMIT CONTENT › Section 122.148 - Permit Shield

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
					 discretion of the executive director, and upon request by the applicant, the
					 permit may contain a permit shield for specific emission units. The permit
					 shield is a special condition stating that compliance with the conditions of
					 the permit shall be deemed compliance with the specified potentially applicable
					 requirements or specified potentially applicable state-only
					 requirements.
(b) In order for the
					 executive director to determine that an emission unit qualifies for a permit
					 shield, all information required by §122.132(d)(2), (3), and (7) of this
					 title (relating to Application and Required Information for Initial Permit
					 Issuance, Reopening, Renewal, or General Operating Permits) must be submitted
					 with the permit application.
(c)
					 The permit shall contain the following information for the emission units
					 addressed by the permit shield:
(1)
					 determinations by the executive director establishing one of the following:
(A) potentially applicable requirements or
					 potentially applicable state-only requirements specifically identified during
					 the application review process are not applicable to the source; or
(B) duplicative, redundant, and/or
					 contradicting applicable requirements or state-only applicable requirements
					 specifically identified during the application review process are superseded by
					 a more stringent or equivalent requirement; and
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 5 - MISCELLANEOUS › Section 122.161 - Miscellaneous

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
					 shall not grant a variance, under Texas Health and Safety Code, §
											382.028, from the
					 requirements of this chapter.
(b)
					 Unless specifically noted otherwise, requirements under this chapter do not
					 supersede, substitute for, or replace any requirement under any other rule,
					 regulation, or order of the commission or the EPA.
(c) None of the requirements in this chapter
					 shall be construed as prohibiting the construction of new or modified
					 facilities, provided that the owner or operator has obtained any necessary
					 preconstruction authorization.
(d)
					 The requirements of Subchapter G of this chapter (relating to Periodic
					 Monitoring and Compliance Assurance Monitoring) shall not be used to justify
					 the approval of monitoring less stringent than the monitoring which is required
					 by the TCAA, FCAA, or by a local air pollution control agency having
					 jurisdiction over the site and are not intended to establish minimum
					 requirements for the purpose of determining the monitoring to be imposed under
					 the TCAA, FCAA, or by a local air pollution control agency having jurisdiction
					 over the site.
(e) If after permit
					 issuance or the granting of an authorization to operate under a general
					 operating permit, a site no longer meets the applicability criteria in §
											122.120
					 of this title (relating to Applicability), the executive director may
					 administratively void the permit or the authorization to operate under a
					 general operating permit.
(1) The permit
					 holder shall demonstrate in writing that a site no longer meets the
					 applicability criteria in §
												122.120
					 of this title and request that the permit or authorization to operate under a
					 general operating permit be administratively voided by the executive
					 director.
(2) If it is determined
					 that the site meets the applicability criteria in §
												122.120
					 of this title after a permit or authorization to operate is administratively
					 voided by the executive director, the owner or operator may be subject to
					 enforcement action.
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 5 - MISCELLANEOUS › Section 122.162 - Compliance History Requirements

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall conduct compliance history
						reviews under Chapter 60 of this title (relating to Compliance History) for the
						following actions:
(1) initial permit
					 issuances under §
											122.201
					 of this title (relating to Initial Permit Issuance);
(2) significant permit revisions under §
											122.221
					 of this title (relating to Procedures for Significant Permit
					 Revisions);
(3) permit reopenings
					 under §
											122.231(a) or
					 (b) of this title (relating to Permit
					 Reopenings);
(4) permit renewals
					 under Subchapter C, Division 4 of this chapter (relating to Permit
					 Renewals);
(5) initial acid rain
					 permit issuances under §
											122.410
					 of this title (relating to Operating Permit Interface);
(6) acid rain permit revisions for fast-track
					 modifications under §
											122.414(a)(2)
					 of this title (relating to Acid Rain Permit Revisions);
(7) acid rain permit modifications under
					 §
											122.414(a)(3)
					 of this title;
(8) acid rain permit
					 reopenings under §
											122.231(a) or
					 (b) of this title;
(9) authorizations to operate under a general
					 operating permit under §
											122.502
					 of this title (relating to Authorization to Operate); and
(10) renewals of authorizations to operate
					 under a general operating permit under §
											122.505
					 of this title (relating to Renewal of the Authorization to Operate Under a
					 General Operating Permit).
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 5 - MISCELLANEOUS › Section 122.165 - Certification by a Responsible Official

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The following documents shall include a signed certification of accuracy and
					 completeness:
(1) applications for initial
					 permit issuance;
(2) applications
					 for revisions;
(3) applications for
					 reopenings;
(4) applications for
					 renewals;
(5) applications for
					 general operating permits;
(6)
					 general operating permit application revisions;
(7) reports required by the permit;
(8) compliance certifications required by
					 §
												122.146
					 of this title (relating to Compliance Certification Terms and
					 Conditions);
(9) requests to void
					 an issued permit;
(10) requests to
					 withdraw a permit application;
(11)
					 off-permit notices; and
(12)
					 operational flexibility notices.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 1 - INITIAL PERMIT ISSUANCES › Section 122.201 - Initial Permit Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit may be
					 issued by the executive director provided the following:
(1) the executive director has received a
					 complete permit application under §
												122.134 of
					 this title (relating to Complete Application);
(2) the conditions of the permit provide for
					 compliance with the requirements of this chapter;
(3) the requirements of this chapter for
					 public notice, affected state review, notice and comment hearing, and EPA
					 review have been satisfied; and
(4)
					 the executive director has provided a statement that sets forth the legal and
					 factual basis for the draft permit conditions (including references to the
					 applicable statutory or regulatory provisions). The executive director will
					 send this statement to the EPA and any person who requests it. A statement of
					 basis is required for all initial issuances, revisions, renewals, and
					 reopenings.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 1 - INITIAL PERMIT ISSUANCES › Section 122.204 - Temporary Sources

Current through Reg. 49, No. 28; July 12, 2024
(a) A temporary
					 source is a stationary source which changes location to another site at least
					 once during the term of the permit.
(b) An owner or operator of any temporary
					 source subject to the requirements of this chapter, shall apply to the
					 executive director for a permit consistent with this chapter.
(c) Each temporary source which is located at
					 a site for less than six months shall not affect the determination of major for
					 other stationary sources at a site under this chapter or require a revision to
					 any existing permit at the site.
(d) Permit holders shall maintain records of
					 the duration of the stay at a site of any temporary source.
(e) A single permit may be issued authorizing
					 similar operations by the same temporary source at multiple temporary
					 locations.
(f) The temporary source
					 permit holder shall notify the executive director at least ten days in advance
					 of each change in location, unless the executive director allows for a shorter
					 notice due to an emergency.
(g) No
					 affected unit subject to the acid rain program shall be permitted as a
					 temporary source.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.210 - General Requirements for Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The permit holder shall submit an
					 application to the executive director for a revision to a permit for those
					 activities at a site which change, add, or remove one or more permit terms or
					 conditions.
(b) The executive
					 director shall make a copy of the permit application, the permit, and any
					 required notices accessible to the United States Environmental Protection
					 Agency.
(c) Provisional terms and
					 conditions are not eligible for a permit shield.
(d) The permit holder may be subject to
					 enforcement action if the change to the permit is later determined not to
					 qualify for the type of permit revision submitted.
(e) Changes qualifying as administrative
					 permit revisions may be processed as minor or significant permit revisions at
					 the permit holder's discretion.
(f)
					 Changes qualifying as minor permit revisions may be processed as significant
					 permit revisions at the permit holder's discretion.
(g) During a permit revision, and at the
					 discretion of the executive director, multiple permits for the site may be
					 combined into a single permit, or a single permit may be divided into multiple
					 permits, provided that all requirements of this chapter are met.
(h) General operating permits and
					 authorizations to operate under general operating permits are not subject to
					 the permit revision requirements of this subchapter, but instead are subject to
					 the requirements of Subchapter F of this chapter (relating to General Operating
					 Permits).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.211 - Administrative Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
A change to a permit may qualify as an administrative
						permit revision if the change satisfies one or more of the following:
(1) corrects typographical errors;
(2) identifies a change in the name, address,
					 or phone number of any person identified in the permit, or provides a similar
					 administrative change at the site;
(3) increases the frequency of monitoring or
					 reporting requirements without changing any existing emission limitations or
					 standards;
(4) changes the permit
					 identification of ownership or operational control of a site where the
					 executive director determines that no other change in the permit is necessary,
					 provided that a written agreement containing a specific date for transfer of
					 permit responsibility, coverage, and liability between the old and new permit
					 holder is maintained with the permit;
(5) incorporates the requirements from
					 preconstruction authorizations under an EPA-approved program, provided that
					 such a program meets procedural requirements substantially equivalent to those
					 of Subchapters C and D of this chapter that would be applicable to the change
					 if it were subject to review as a permit revision, and compliance requirements
					 substantially equivalent to those contained in §§
											122.143,
					 122.145,
					 and
					 122.146
					 of this title (relating to General Terms and Conditions, Reporting Terms and
					 Conditions, and Compliance Certification Terms and Conditions,
					 respectively);
(6) affects or adds
					 a state-only requirement; or
(7) is
					 similar to those in paragraphs (1) - (6) of this section and approved by
					 EPA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.212 - Applications for Administrative Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
And application must include a record of any changes that
						took place over the previous 12 months that have not already been incorporated
						into the permit. An application for administrative permit revision must
						include, at a minimum, the following:
(1) a description of each change;
(2) a description of the emission units
					 affected;
(3) the provisional terms
					 and conditions as defined in §
											122.10 of
					 this title (relating to General Definitions) that codify the new applicable
					 requirements or state-only requirements;
(4) a statement that each change qualifies
					 for an administrative permit revision; and
(5) a certification in accordance with §
											122.165
					 of this title (relating to Certification by a Responsible Official).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.213 - Procedures for Administrative Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a) If the following requirements are met,
					 changes at a site listed in §
											122.211
					 of this title (relating to Administrative Permit Revisions) requiring an
					 administrative permit revision may be operated before issuance of the revision:
(1) the permit holder records the information
					 required in §
												122.212
					 of this title (relating to Applications for Administrative Permit Revisions)
					 before the change is operated; and
(2) the permit holder maintains the
					 information required by §
												122.212
					 of this title with the permit until the permit is revised.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.215 - Minor Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
Minor permit revisions include any change that satisfies
						the following:
(1) does not violate
					 any applicable requirement;
(2)
					 does not involve significant changes to existing monitoring, reporting, or
					 recordkeeping requirements in the permit;
(3) does not require or change a case-by-case
					 determination of an emission limitation or other standard, or a source-specific
					 determination for temporary sources of ambient impacts, or a visibility or
					 increment analysis;
(4) does not
					 seek to establish or change a permit term or condition for which there is no
					 corresponding underlying applicable requirement and that the source has assumed
					 to avoid an applicable requirement to which the source would otherwise be
					 subject. Such terms and conditions include:
(A) a federally enforceable emissions cap
					 assumed to avoid classification as a modification under any provision of the
					 FCAA, Title I; and
(B) an
					 alternative emissions limit approved pursuant to regulations promulgated under
					 the FCAA, §112(i)(5); and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.216 - Applications for Minor Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
An application for a minor permit revision must include,
						at a minimum, the following:
(1) a
					 description of each change;
(2) a
					 description of the emission units affected;
(3) the provisional terms and conditions as
					 defined in §
											122.10 of
					 this title (relating to General Definitions) that codify the new applicable
					 requirements;
(4) a statement that
					 the change qualifies for a minor permit revision;
(5) a certification in accordance with §
											122.165
					 of this title (relating to Certification by a Responsible Official);
					 and
(6) the emissions resulting
					 from the change.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.217 - Procedures for Minor Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 the following requirements are met, changes at a site requiring a minor permit
					 revision may be operated before issuance of the revision:
(1) the permit holder complies with the
					 following:
(A) all applicable requirements
					 governing the change;
(B) all
					 state-only requirements governing the change; and
(C) the provisional terms and conditions as
					 defined in §
													122.10 of
					 this title (relating to General Definitions) governing the change;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.218 - Minor Permit Revision Procedures for Permit Revisions Involving the Use of Economic Incentives, Marketable Permits, and Emissions Trading

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding §
											122.215 of
						this title (relating to Minor Permit Revisions), minor permit revision
						procedures may be used for permit revisions involving the use of economic
						incentives, marketable permits, emissions trading, and other similar
						approaches, to the extent that such minor permit revision procedures are
						explicitly provided for in the Texas state implementation plan or in applicable
						requirements promulgated by the EPA.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.219 - Significant Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Significant revision procedures shall be used for changes to the permit at a
					 site that do not qualify as administrative or minor revisions.
(b) At a minimum, every significant change in
					 existing monitoring permit terms or conditions and every relaxation of
					 reporting or recordkeeping permit terms or conditions shall be considered a
					 significant permit revision.
(c) A
					 change to a permit shield or a new permit shield is a significant
					 revision.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter C - INITIAL PERMIT ISSUANCES, REVISIONS, REOPENINGS, AND RENEWALS › Division 2 - PERMIT REVISIONS › Section 122.220 - Applications for Significant Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
An application must include, at a minimum, the
						following:
(1) a description of the
					 change;
(2) a description of the
					 emission units affected;
(3) a
					 description of the emissions affected by the change;
(4) a certification in accordance with §
											122.165
					 of this title (relating to Certification by a Responsible Official).