Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 122 - FEDERAL OPERATING PERMITS PROGRAM › Subchapter E - ACID RAIN PERMITS AND CLEAN AIR INTERSTATE RULE › Division 1 - ACID RAIN PERMITS › Section 122.414 - Acid Rain Permit Revisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 For the purposes of implementing the procedural requirements of
					 40 CFR
					 72, Subpart H (Acid Rain Permit Revisions
					 Procedural Sections), the following sections of Subchapter C of this chapter
					 (relating to Initial Permit Issuances, Revisions, Reopenings, and Renewals)
					 shall be substituted.
(1) The provisions of
					 §
												122.212
					 and §
												122.213
					 of this title (relating to Applications for Administrative Permit Revisions and
					 Procedures for Administrative Permit Revisions) shall be used to satisfy the
					 procedural requirements of
					 40 CFR
					 §72.83(b)(1) and §
												72.80(d)
					 for acid rain permit administrative amendments, except that the executive
					 director shall submit the revised portion of the acid rain permit to
					 EPA.
(2) The following provisions
					 shall be used to satisfy the procedural requirements of
					 40 CFR
					 §72.82 for acid rain fast-track
					 modifications with the following restrictions.
(A) An application for an acid rain
					 fast-track modification must include, at a minimum, the following:
(i) a description of each change;
(ii) a description of the emission units
					 affected;
(iii) a statement that
					 the change qualifies for a fast-track modification; and
(iv) a certification in accordance with
					 §
														122.165
					 of this title (relating to Certification by a Responsible Official).
(B) An acid rain permit revision
					 for a fast-track modification may be issued by the executive director provided
					 the following:
(i) the changes meet the
					 criteria for a fast-track modification;
(ii) the executive director has received an
					 application;
(iii) the conditions
					 of the acid rain permit provide for compliance with the requirements of this
					 chapter; and
(iv) the requirements
					 of the chapter for public notice as specified in subparagraph (E) of this
					 paragraph, local program notification, affected state review, and EPA review
					 have been satisfied.
(C)
					 The designated representative shall:
(i)
					 provide a copy of the complete application requesting a fast-track modification
					 to the executive director, the EPA, affected states, and local air pollution
					 control agencies with jurisdiction in the county in which the site is located;
					 and
(ii) send a notification,
					 consistent with subparagraph (E) of this paragraph, of the fast-track
					 modification permit application to persons on a mailing list maintained by the
					 chief clerk.
(D) Changes
					 for a fast-track modification shall not be operated before the permit is
					 revised.
(E) Within five days of
					 submission of the application for a fast-track modification to the executive
					 director, the designated representative shall comply with the public notice
					 requirements in §122.320(b) - (m) of this title (relating to Public
					 Notice) and §
													122.322
					 of this title (relating to Bilingual Public Notice), except for the provisions
					 regarding a request for or notice of a hearing or a public meeting. However,
					 the application rather than the draft permit shall be the subject of public
					 notice. In addition, each newspaper notice shall direct the public to submit
					 comments to both the executive director and to the designated
					 representative.
(F) The executive
					 director shall consider the application for a fast-track modification and
					 comments received and provide approval, in whole or in part with changes or
					 conditions as appropriate, or disapproval of the acid rain permit revision
					 within 90 days of the close of the public notice comment period.
(3) The provisions of §
												122.220
					 and §
												122.221
					 of this title (relating to Applications for Significant Permit Revisions and
					 Procedures for Significant Permit Revisions) shall be used to satisfy the
					 procedural requirements of
					 40 CFR
					 §72.81(c) for acid rain
					 permit modifications. However, at the discretion of the executive director, the
					 procedural requirements for §§
												122.320,
					 122.322,
					 and
					 122.350 of
					 this title (relating to Public Notice; Bilingual Notice; and EPA Review) may
					 run concurrently.
(4) The
					 provisions of §
												122.231 of this
					 title (relating to Permit Reopenings) shall be used to satisfy the procedural
					 requirements of
					 40 CFR
					 §72.85 for acid rain permit reopenings.
					 However, at the discretion of the executive director, the procedural
					 requirements for §§
												122.320,
					 122.322,
					 and
					 122.350 of
					 this title may run concurrently.