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 B - NEW SOURCE REVIEW PERMITS › Division 1 - PERMIT APPLICATION › Section 116.115 - General and Special Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 General and special conditions. Permits, special permits, standard permits, and
					 special exemptions may contain general and special conditions.
(b) General conditions. Holders of permits,
					 special permits, standard permits, and special exemptions shall comply with the
					 following:
(1) the general conditions
					 contained in the permit document if issued or amended prior to August 16, 1994;
					 or
(2) the following general
					 conditions if the permit or amendment is issued or amended on or after August
					 16, 1994, regardless of whether they are specifically stated within the permit
					 document.
(A) Report of construction
					 progress. The permit holder shall report start of construction, construction
					 interruptions exceeding 45 days, and completion of construction. The report
					 shall be given to the appropriate regional office of the commission not later
					 than 15 working days after occurrence of the event.
(B) Start-up notification.
(i) The permit holder shall notify the
					 appropriate air program regional office of the commission prior to the
					 commencement of operations of the facilities authorized by the permit. The
					 notification must be made in such a manner as to allow a representative of the
					 commission to be present at the commencement of operations.
(ii) The permit holder shall provide a
					 separate notification for the commencement of operations for each unit of
					 phased construction, which may involve a series of units commencing operations
					 at different times.
(iii) Prior to
					 operation of the facilities authorized by the permit, the permit holder shall
					 identify to the Office of Permitting and Registration the source or sources of
					 allowances to be utilized for compliance with Chapter 101, Subchapter H,
					 Division 3 of this title (relating to Mass Emissions Cap and Trade
					 Program).
(C) Sampling
					 requirements.
(i) 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.
(ii) All sampling and
					 testing procedures must be approved by the executive director and coordinated
					 with the regional representatives of the commission.
(iii) The permit holder is also responsible
					 for providing sampling facilities and conducting the sampling operations or
					 contracting with an independent sampling consultant.
(D) Equivalency of methods. The permit holder
					 must demonstrate or otherwise justify the equivalency of emission control
					 methods, sampling or other emission testing methods, and monitoring methods
					 proposed as alternatives to methods indicated in the conditions of the permit.
					 Alternative methods shall be applied for in writing and must be reviewed and
					 approved by the executive director prior to their use in fulfilling any
					 requirements of the permit.
(E)
					 Recordkeeping. The permit holder shall:
(i)
					 maintain a copy of the permit along with records containing the information and
					 data sufficient to demonstrate compliance with the permit, including production
					 records and operating hours;
(ii)
					 keep all required records in a file at the facility site. If, however, the
					 facility site normally operates unattended, records must be maintained at an
					 office within Texas having day-to-day operational control of the facility
					 site;
(iii) make the records
					 available at the request of personnel from the commission or any local air
					 pollution control agency having jurisdiction over the site. Upon request, the
					 commission shall make any such records of compliance available to the public in
					 a timely manner;
(iv) comply with
					 any additional recordkeeping requirements specified in special conditions
					 attached to the permit;
(v) retain
					 information in the file for at least two years following the date that the
					 information or data is obtained; and
(vi) for persons certifying and registering a
					 federally-enforceable emission limitation in accordance with §
														116.611
					 of this title (relating to Registration To Use a Standard Permit), retain all
					 records demonstrating compliance for at least five years.
(F) Maximum allowable emission rates. The
					 total emissions of air contaminants from any of the sources of emissions must
					 not exceed the values stated on the table attached to the permit entitled
					 "Emission Sources--Maximum Allowable Emission Rates." Emissions that exceed the
					 maximum allowable emission rates are not authorized and are a violation of the
					 permit.
(G) Maintenance of emission
					 control. The permitted facilities shall not be operated unless all air
					 pollution emission capture and abatement equipment is maintained in good
					 working order and operating properly during normal facility operations. The
					 permit holder shall provide notification for emissions events and maintenance
					 in accordance with §§
													101.201,
					 101.211,
					 and
					 101.221
					 of this title (relating to Emissions Event Reporting and Recordkeeping
					 Requirements; Scheduled Maintenance, Startup, and Shutdown Reporting and
					 Recordkeeping Requirements; and Operational Requirements).
(H) Compliance with rules.
(i) Acceptance of a permit by an applicant
					 constitutes an acknowledgment and agreement that the permit holder will comply
					 with all rules, regulations, and orders of the commission issued in conformity
					 with the Texas Clean Air Act and the conditions precedent to the granting of
					 the permit.
(ii) If more than one
					 state or federal rule or regulation or permit condition are applicable, the
					 most stringent limit or condition shall govern and be the standard by which
					 compliance shall be demonstrated.
(iii) Acceptance includes consent to the
					 entrance of commission employees and agents into the permitted premises at
					 reasonable times to investigate conditions relating to the emission or
					 concentration of air contaminants, including compliance with the
					 permit.