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 116.111 - General Application

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
					 be granted a permit, amendment, or special permit amendment, the application
					 must include:
(1) a completed Form PI-1
					 General Application signed by an authorized representative of the applicant.
					 All additional support information specified on the form must be provided
					 before the application is complete;
(2) information which demonstrates that
					 emissions from the facility, including any associated dockside vessel
					 emissions, meet all of the following.
(A)
					 Protection of public health and welfare.
(i)
					 The emissions from the proposed facility will comply with all rules and
					 regulations of the commission and with the intent of the Texas Clean Air Act
					 (TCAA), including protection of the health and property of the
					 public.
(ii) For issuance of a
					 permit for construction or modification of any facility within 3,000 feet of an
					 elementary, junior high/middle, or senior high school, the commission shall
					 consider any possible adverse short-term or long-term side effects that an air
					 contaminant or nuisance odor from the facility may have on the individuals
					 attending the school(s).
(B) Measurement of emissions. The proposed
					 facility will have provisions for measuring the emission of significant air
					 contaminants as determined by the executive director. This may include the
					 installation of sampling ports on exhaust stacks and construction of sampling
					 platforms in accordance with guidelines in the "Texas Commission on
					 Environmental Quality Sampling Procedures Manual."
(C) Best available control technology (BACT)
					 must be evaluated for and applied to all facilities subject to the TCAA. Prior
					 to evaluation of BACT under the TCAA, all facilities with pollutants subject to
					 regulation under the Federal Clean Air Act (FCAA), Title I, Part C shall
					 evaluate and apply BACT as defined in §
													116.160(c)(1)(A)
					 of this title (relating to Prevention of Significant Deterioration
					 Requirements).
(D) New Source
					 Performance Standards (NSPS). The emissions from the proposed facility will
					 meet the requirements of any applicable NSPS as listed under 40 Code of Federal
					 Regulations (CFR) Part 60, promulgated by the United States Environmental
					 Protection Agency (EPA) under FCAA, §111, as amended.
(E) National Emission Standards for Hazardous
					 Air Pollutants (NESHAP). The emissions from the proposed facility will meet the
					 requirements of any applicable NESHAP, as listed under 40 CFR Part 61,
					 promulgated by EPA under FCAA, §112, as amended.
(F) NESHAP for source categories. The
					 emissions from the proposed facility will meet the requirements of any
					 applicable maximum achievable control technology standard as listed under 40
					 CFR Part 63, promulgated by the EPA under FCAA, §112 or as listed under
					 Chapter 113, Subchapter C of this title (relating to National Emissions
					 Standards for Hazardous Air Pollutants for Source Categories (FCAA §112,
					 40 CFR Part 63 )).
(G) Performance
					 demonstration. The proposed facility will achieve the performance specified in
					 the permit application. The applicant may be required to submit additional
					 engineering data after a permit has been issued in order to demonstrate further
					 that the proposed facility will achieve the performance specified in the permit
					 application. In addition, dispersion modeling, monitoring, or stack testing may
					 be required.
(H) Nonattainment
					 review. If the proposed facility is located in a nonattainment area, it shall
					 comply with all applicable requirements in this chapter concerning
					 nonattainment review.
(I)
					 Prevention of Significant Deterioration (PSD) review.
(i) If the proposed facility is located in an
					 attainment area, it shall comply with all applicable requirements in this
					 chapter concerning PSD review.
(ii)
					 If the proposed facility or modification meets or exceeds the applicable
					 greenhouse gases thresholds defined in §
														116.164
					 of this title (relating to Prevention of Significant Deterioration
					 Applicability for Greenhouse Gases Sources) then it shall comply with all
					 applicable requirements in this chapter concerning PSD review for sources of
					 greenhouse gases.
(J)
					 Air dispersion modeling. Computerized air dispersion modeling may be required
					 by the executive director to determine air quality impacts from a proposed new
					 facility or source modification. In determining whether to issue, or in
					 conducting a review of, a permit application for a shipbuilding or ship repair
					 operation, the commission will not require and may not consider air dispersion
					 modeling results predicting ambient concentrations of non-criteria air
					 contaminants over coastal waters of the state. The commission shall determine
					 compliance with non-criteria ambient air contaminant standards and guidelines
					 at land-based off-property locations.
(K) Hazardous air pollutants. Affected
					 sources (as defined in §
													116.15(1)
					 of this title (relating to Section 112(g) Definitions)) for hazardous air
					 pollutants shall comply with all applicable requirements under Subchapter E of
					 this chapter (relating to Hazardous Air Pollutants: Regulations Governing
					 Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63
					 )).
(L) Mass cap and trade
					 allowances. If subject to Chapter 101, Subchapter H, Division 3 of this title
					 (relating to Mass Emissions Cap and Trade Program), the proposed facility,
					 group of facilities, or account must obtain allowances to operate.