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 L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1414 - Applications for Facilities that are Components of a Designated Project

Current through Reg. 49, No. 28; July 12, 2024
Any application submitted under §
										116.1404 of this
					 title (relating to Permit Required) must include a completed Form PI-1, General
					 Application for Air Preconstruction Permits and Amendments. The Form PI-1 must
					 be signed by an authorized representative of the applicant. The Form PI-1
					 specifies additional support information that must be provided before the
					 application is deemed complete. In order to be granted a permit, the applicant
					 for a project as designated in §
										116.1402(a)
					 of this title (relating to Applicability) shall submit information to the
					 commission that demonstrates that all of the following are met.
(1) Protection of public health and welfare.
				  The emissions from the facility will comply with all applicable rules and
				  regulations of the commission and with the intent of Texas Health and Safety
				  Code, Chapter 382, the Texas Clean Air Act (TCAA), including protection of the
				  health and physical property of the people.
(2) Measurement of emissions. The permit will
				  have provisions for measuring the emission of significant air contaminants as
				  determined by the commission. These provisions may include the installation of
				  sampling ports on exhaust stacks and construction of sampling platforms in
				  accordance with guidelines in the "Texas Natural Resource Conservation
				  Commission Sampling Procedures Manual," portable analyzers, or emissions
				  calculations if a known process variable is monitored.
(3) New Source Performance Standards (NSPS).
				  The emissions from each affected facility as defined in 40 Code of Federal
				  Regulations (CFR) Part 60 will meet the requirements of any applicable NSPS as
				  listed under 40 CFR Part 60, promulgated by the United States Environmental
				  Protection Agency (EPA) under the authority granted under Federal Clean Air Act
				  (FCAA), §111, as amended.
(4)
				  National Emission Standards for Hazardous Air Pollutants (NESHAPs). The
				  emissions from each facility as defined in 40 CFR Part 61 will meet the
				  requirements of any applicable NESHAPs, as listed under 40 CFR Part 61,
				  promulgated by EPA under the authority granted under FCAA, §112, as
				  amended.
(5) NESHAPs for source
				  categories. The emissions from each affected facility shall meet the
				  requirements of any applicable maximum achievable control technology standard
				  as listed under 40 CFR Part 63, promulgated by EPA under FCAA, §112, or as
				  listed in Chapter 113, Subchapter C of this title (relating to National
				  Emission Standards for Hazardous Air Pollutants for Source Categories (FCAA,
				  §112, 40 CFR Part 63)).
(6)
				  Performance demonstration. The facility will achieve the performance specified
				  in the permit application. The commission may require the applicant to submit
				  additional engineering data after the permit has been issued in order to
				  demonstrate further that the facility will achieve the performance specified in
				  the permit. In addition, the commission may require initial compliance testing
				  to determine ongoing compliance through engineering calculations based on
				  measured process variables, parametric or predictive monitoring, stack
				  monitoring, or stack testing.
(7)
				  Nonattainment review. A facility in a nonattainment area shall comply with all
				  applicable requirements under Subchapter B, Division 5 of this chapter
				  (relating to Nonattainment Review).
(8) Prevention of significant deterioration
				  review. A facility in an attainment area shall comply with all applicable
				  requirements under Subchapter B, Division 6 of this chapter (relating to
				  Prevention of Significant Deterioration Review).
(9) Air dispersion modeling or ambient
				  monitoring. The commission may require computerized air dispersion modeling
				  and/or ambient monitoring to determine the air quality impacts from the
				  facility.
(10) Federal standards of
				  review for constructed or reconstructed major sources of hazardous air
				  pollutants. If the facility is an affected source as defined in §
										116.15(1)
				  of this title (relating to Section 112(g) Definitions), the affected source
				  shall comply with all applicable requirements under Subchapter C of this
				  chapter (relating to Hazardous Air Pollutants: Regulations Governing
				  Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part
				  63)).
(11) Application content. In
				  addition to any other requirements of this subchapter, the applicant shall:
(A) identify each facility to be included in
				  the permit;
(B) identify the air
				  contaminants emitted; and
(C)
				  provide emission rate calculations.