Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter H - APPLICABILITY AND GENERAL PROVISIONS › Section 39.402 - Applicability to Air Quality Permits and Permit Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) As specified in those subchapters,
				  Subchapters H and K of this chapter (relating to Applicability and General
				  Provisions; and Public Notice of Air Quality Permit Applications, respectively)
				  apply to applications for:
(1) new air
				  quality permits under Chapter 116, Subchapter B of this title (relating to New
				  Source Review Permits);
(2) a new
				  major source or a major modification for facilities subject to the requirements
				  of Chapter 116, Subchapter B, Division 5 or 6 of this title (relating to New
				  Source Review Permits, Nonattainment Review Permits and Prevention of
				  Significant Deterioration Permits);
(3) air quality permit amendments under
				  Chapter 116, Subchapter B of this title when the amendment involves:
(A) a change in character of emissions or
				  release of an air contaminant not previously authorized under the
				  permit;
(B) a facility not affected
				  by THSC, §382.020, where the total emissions increase from all facilities
				  to be authorized under the amended permit exceeds public notice
de
				  minimis
levels by being greater than any of the following levels:
(i) 50 tpy of carbon monoxide (CO);
(ii) ten tpy of sulfur dioxide
				  (SO2);
(iii)
				  0.6 tons per year (tpy) of lead; or
(iv) five tpy of nitrogen oxides
				  (NOX), volatile organic compounds (VOC), particulate
				  matter (PM), or any other air contaminant except carbon dioxide, water,
				  nitrogen, methane, ethane, hydrogen, and oxygen;
(C) a facility affected by THSC,
				  §382.020, where the total emissions increase from all facilities to be
				  authorized under the amended permit exceeds significant levels for public
				  notice by being greater than any of the following levels:
(i) 250 tpy of CO or
				  NOX;
(ii) 25
				  tpy of VOC, SO2, PM, or any other air contaminant except
				  carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and
				  oxygen;
(iii) a new major
				  stationary source or major modification threshold as defined in §
													116.12
				  of this title (relating to Nonattainment and Prevention of Significant
				  Deterioration Review Definitions); or
(iv) a new major stationary source or major
				  modification threshold, as defined in 40 Code of Federal Regulations (CFR),
				  §52.21, under the new source review requirements of the Federal Clean Air
				  Act (FCAA), Part C (Prevention of Significant Deterioration); or
(D) other amendments when the
				  executive director determines that:
(i) there
				  is a reasonable likelihood for emissions to impact a nearby sensitive
				  receptor;
(ii) there is a
				  reasonable likelihood of high nuisance potential from the operation of the
				  facilities;
(iii) the application
				  involves a facility in the lowest classification under Texas Water Code, §
													5.753 and §
													5.754 and the commission's
				  rules in Chapter 60 of this title (relating to Compliance History);
				  or
(iv) there is a reasonable
				  likelihood of significant public interest in a proposed activity;
(4) new air quality
				  flexible permits under Chapter 116, Subchapter G of this title (relating to
				  Flexible Permits);
(5) air quality
				  permit amendments to flexible permits under Chapter 116, Subchapter G of this
				  title when the amendment involves:
(A) change
				  in character of emissions or release of an air contaminant not previously
				  authorized under the permit;
(B) a
				  facility not affected by THSC, §382.020, where the total emissions
				  increase from all facilities to be authorized under the amended permit exceeds
				  public notice
de minimis
levels by being greater than any of
				  the following levels:
(i) 50 tpy of carbon
				  monoxide (CO);
(ii) ten tpy of
				  sulfur dioxide (SO2);
(iii) 0.6 tons per year (tpy) of lead;
				  or
(iv) five tpy of nitrogen oxides
				  (NO X), volatile organic compounds (VOC), particulate
				  matter (PM), or any other air contaminant except carbon dioxide, water,
				  nitrogen, methane, ethane, hydrogen, and oxygen;
(C) a facility affected by THSC,
				  §382.020, where the total emissions increase from all facilities to be
				  authorized under the amended permit exceeds significant levels for public
				  notice by being greater than any of the following levels:
(i) 250 tpy of CO or
				  NOX;
(ii) 25
				  tpy of VOC, SO2, PM, or any other air contaminant except
				  carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and
				  oxygen;
(iii) a new major
				  stationary source or major modification threshold as defined in §
													116.12
				  of this title; or
(iv) a new major
				  stationary source or major modification threshold, as defined in 40 Code of
				  Federal Regulations (CFR), §52.21, under the new source review
				  requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of
				  Significant Deterioration); or
(D) other amendments when the executive
				  director determines that:
(i) there is a
				  reasonable likelihood for emissions to impact a nearby sensitive
				  receptor;
(ii) there is a
				  reasonable likelihood of high nuisance potential from the operation of the
				  facilities;
(iii) the application
				  involves a facility in the lowest classification under Texas Water Code, §
													5.753 and §
													5.754 and the commission's
				  rules in Chapter 60 of this title; or
(iv) there is a reasonable likelihood of
				  significant public interest in a proposed activity;
(6) renewal of air quality permits
				  under Chapter 116, Subchapter D of this title (relating to Permit
				  Renewals);
(7) applications subject
				  to the requirements of Chapter 116, Subchapter E of this title (relating to
				  Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed
				  Major Sources (FCAA, §112(g), 40 CFR Part 63 )), whether for construction
				  or reconstruction;
(8) applications
				  for the establishment or renewal of, or an increase in, a plant-wide
				  applicability limit permit under Chapter 116, Subchapter C of this title
				  (relating to Plant-Wide Applicability Limits).
(9) applications for multiple plant permits
				  (MPPs) under Chapter 116, Subchapter J of this title (relating to Multiple
				  Plant Permits);
(10) applications
				  for permits, registrations, licenses, or other type of authorization required
				  to construct, operate, or authorize a component of the FutureGen project as
				  defined in §
											91.30 of
				  this title (relating to Definitions), submitted on or before January 1, 2018,
				  are subject to the public notice requirements of Chapter 91 of this title
				  (relating to Alternative Public Notice and Public Participation Requirements
				  for Specific Designated Facilities) in addition to the requirements of this
				  chapter, unless otherwise specified in Chapter 91 of this title.
(11) concrete batch plants without enhanced
				  controls authorized by an air quality standard permit adopted by the commission
				  under Chapter 116, Subchapter F of this title (relating to Standard Permits),
				  unless the plant is to be temporarily located in or contiguous to the
				  right-of-way of a public works project; and
(12) change of location or relocation of a
				  portable facility, consistent with the requirements of §
											116.178
				  of this title (relating to Relocations and Changes of Location of Portable
				  Facilities).