Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 113 - STANDARDS OF PERFORMANCE FOR HAZARDOUS AIR POLLUTANTS AND FOR DESIGNATED FACILITIES AND POLLUTANTS › Subchapter C - NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (FCAA, Section 112, 40 CFR PART 63) › Section 113.100 - General Provision (40 Code of Federal Regulations Part 63, Subpart A)

Current through Reg. 49, No. 28; July 12, 2024
The General Provisions for the National Emission Standards
					 for Hazardous Air Pollutants for Source Categories as specified in 40 Code of
					 Federal Regulations (CFR) Part 63, Subpart A, are incorporated by reference as
					 amended through May 23, 2022 (87 FR 31185), with the following
					 exceptions.
(1) The language of
				  40 CFR §
											63.5(e)(2)(i) is amended to
				  read as follows: The executive director will notify the owner or operator in
				  writing of approval or intention to deny approval of construction or
				  reconstruction within 180 calendar days after receipt of sufficient information
				  to evaluate an application submitted under
				  40 CFR §
											63.5(d). The 180-day
				  approval or denial period will begin after the owner or operator has been
				  notified in writing that the application is complete. The executive director
				  will notify the owner or operator in writing of the status of the application,
				  that is, whether the application contains sufficient information to make a
				  determination, within 90 calendar days after receipt of the original
				  application and within 60 calendar days after receipt of any supplementary
				  information that is submitted.
(2)
				  The language of 40 CFR
				  §
											63.6(i)(12)(i) is
				  amended to read as follows: The executive director will notify the owner or
				  operator in writing of approval or intention to deny approval of a request for
				  an extension of compliance within 60 calendar days after receipt of sufficient
				  information to evaluate a request submitted under
				  40 CFR §
											63.6(i)(4)(i) or (i)(5). The
				  60-day approval or denial period will begin after the owner or operator has
				  been notified in writing that the application is complete. The executive
				  director will notify the owner or operator in writing of the status of the
				  application, that is, whether the application contains sufficient information
				  to make a determination, within 30 calendar days after receipt of the original
				  application and within 30 calendar days after receipt of any supplementary
				  information that is submitted.
(3)
				  The language of 40 CFR
				  §
											63.6(i)(13)(i) is
				  amended to read as follows: The executive director will notify the owner or
				  operator in writing of approval or intention to deny approval of a request for
				  an extension of compliance within 60 calendar days after receipt of sufficient
				  information to evaluate a request submitted under
				  40 CFR §
											63.6(i)(4)(ii). The 60-day
				  approval or denial period will begin after the owner or operator has been
				  notified in writing that the application is complete. The executive director
				  will notify the owner or operator in writing of the status of the application,
				  that is, whether the application contains sufficient information to make a
				  determination, within 30 calendar days after receipt of the original
				  application and within 30 calendar days after receipt of any supplementary
				  information that is submitted.
(4)
				  The language of 40 CFR
				  §
											63.6(i)(13)(ii) is
				  amended to read as follows: When notifying the owner or operator that the
				  application is not complete, the executive director will specify the
				  information needed to complete the application and provide notice of
				  opportunity for the applicant to present, in writing, within 30 calendar days
				  after they are notified of the incomplete application, additional information,
				  or arguments to the executive director to enable further action on the
				  application.
(5) The language of
				  40 CFR §
											63.8(e)(5)(ii) is amended to
				  read as follows: The owner or operator of an affected source using a Continuous
				  Opacity Monitoring System (COMS) to determine opacity compliance during any
				  performance test required under §63.7 and described in §63.6(d)(6)
				  shall furnish the executive director two or, upon request, three copies of a
				  written report of the results of the COMS performance evaluation under this
				  paragraph. The copies shall be provided at least 30 calendar days before the
				  performance test required under §63.7 is conducted.
(6) The language of
				  40 CFR §
											63.9(i)(3) is amended to
				  read as follows: If, in the executive director's judgment, an owner or
				  operator's request for an adjustment to a particular time period or postmark
				  deadline is warranted, the executive director will approve the adjustment. The
				  executive director will notify the owner or operator in writing of approval or
				  disapproval of the request for an adjustment within 30 calendar days of
				  receiving sufficient information to evaluate the request.
(7) The language of
				  40 CFR §
											63.10(e)(2)(ii) is amended
				  to read as follows: The owner or operator of an affected source using a COMS to
				  determine opacity compliance during any performance test required under
				  §63.7 and described in §63.6(d)(6) shall furnish the executive
				  director two or, upon request, three copies of a written report of the results
				  of the COMS performance evaluation conducted under §63.8(e). The copies
				  shall be furnished at least 30 calendar days before the performance test
				  required under §63.7 is conducted.