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 I - ELECTRIC GENERATING FACILITY PERMITS › Section 116.917 - Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) Any application for an electric
				  generating facility permit (EGFP) for additional criteria pollutants from
				  grandfathered coal-fired electric generating facilities (EGFs) identified in
				  §
										116.911(e)
				  of this title (relating to Electric Generating Facility Permit Application) or
				  for grandfathered facilities identified in §
										116.911(f)(1)
				  or (2) of this title (relating to Electric
				  Generating Facility Permit Application) must include a completed Form PI-1G,
				  Grandfathered Facility Permit Application. The Form PI-1G must be signed by an
				  authorized representative of the applicant. The Form PI-1G specifies additional
				  support information which must be provided before the application is deemed
				  complete. In order to be granted a permit for a grandfathered facility under
				  this section, the owner or operator of the grandfathered facility shall submit
				  information to the commission which demonstrates that all of the following are
				  met.
(1) Protection of public health and
				  welfare. The emissions from the grandfathered facility will comply with all
				  rules and regulations of the commission and with the intent of the TCAA,
				  including protection of the health and physical property of the
				  people.
(2) Measurement of
				  emissions. The EGFP may have provisions for measuring the emission of air
				  contaminants as determined by the commission. These 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 at least the requirements of any applicable
				  NSPS as listed under 40 CFR Part 60, promulgated by the EPA under authority
				  granted in accordance with FCAA, §111, as amended.
(4) National Emission Standards for Hazardous
				  Air Pollutants (NESHAP). The emissions from each facility as defined in 40 CFR
				  Part 61 will meet at least the requirements of any applicable NESHAP, as listed
				  under 40 CFR Part 61, promulgated by the EPA under authority granted in
				  accordance with FCAA, §112, as amended.
(5) NESHAPs for source categories. The
				  emissions from each affected facility shall meet at least the requirements of
				  any applicable maximum achievable control technology (MACT) standard as listed
				  under 40 CFR Part 63, promulgated by the EPA in accordance with FCAA,
				  §112, or as listed under Chapter 113, Subchapter C of this title (relating
				  to National Emission Standards for Hazardous Air Pollutants for Source
				  Categories (FCAA, Section 112,
				  40 CFR
				  63)).
(6) Performance demonstration. The
				  grandfathered facility will achieve the performance specified in the permit
				  application. The commission may require the applicant to submit additional
				  engineering data after an EGFP has been issued in order to demonstrate further
				  that the grandfathered 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 grandfathered 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
				  (PSD) review. A grandfathered 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
				  grandfathered facility.
(10)
				  Federal standards of review for constructed or reconstructed major sources of
				  hazardous air pollutants. If the grandfathered 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, Section 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 electric generating facility permit;
(B) identify the air contaminants emitted;
				  and
(C) provide emission rate
				  calculations.