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 5 - NONATTAINMENT REVIEW PERMITS › Section 116.151 - New Major Source or Major Modification in Nonattainment Area Other Than Ozone

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 applies to applications for new construction or modification of facilities or
					 emissions units located in a designated nonattainment area for an air
					 contaminant other than ozone. The owner or operator of a proposed new or
					 modified facility or emissions unit that will be a new major stationary source
					 for that nonattainment air contaminant, or the owner or operator of an existing
					 major stationary source that will undergo a major modification with respect to
					 that nonattainment air contaminant, shall meet the additional requirements of
					 subsection (c)(1) - (4) of this section. Table I located in the definition of
					 major modification in §
											116.12 of this title (relating to
					 Nonattainment and Prevention of Significant Deterioration Review Definitions)
					 specifies the various classifications of nonattainment along with the
					 associated emission levels that designate a major stationary source.
(b) The de minimis threshold test (netting)
					 is required for all modifications to existing major sources of federally
					 regulated new source review pollutants, unless the proposed project emissions
					 increases are less than the major modification threshold for the pollutant
					 identified in Table I located in the definition of major modification in §
											116.12 of this title.
(c) In applying the de minimis threshold
					 test, if the net emissions increases are greater than the major modification
					 levels stated in Table I located in the definition of major modification in
					 §
											116.12 of this title, the
					 following requirements apply.
(1) The proposed
					 facility or emissions unit shall comply with the lowest achievable emission
					 rate (LAER) as defined in §
												116.12 of this title for the
					 nonattainment pollutants for which the facility or emissions unit is a new
					 major source or major modification. LAER shall be applied to each new facility
					 or emissions unit and to each existing facility or emissions unit at which the
					 net emissions increase will occur as a result of a physical change or change in
					 method of operation of the unit.
(2) All major stationary sources owned or
					 operated by the applicant (or by any person controlling, controlled by, or
					 under common control with the applicant) in the state shall be in compliance or
					 on a schedule for compliance with all applicable state and federal emission
					 limits and standards.
(3) At the
					 time the new or modified facility or emissions unit or facilities or emissions
					 units commence operation, the emission increases from the new or modified
					 facility or emissions unit or facilities or emissions units shall be offset.
					 The proposed facility or emissions unit shall use the offset ratio for the
					 appropriate nonattainment classification as defined in §
												116.12 of this title and shown in
					 Table I located in the definition of major modification in §
												116.12 of this title.
(4) In accordance with the Federal Clean Air
					 Act, the permit application shall contain an analysis of alternative sites,
					 sizes, production processes, and control techniques for the proposed source.
					 The analysis shall demonstrate that the benefits of the proposed location and
					 source configuration significantly outweigh the environmental and social costs
					 of that location.