Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,904
2821-2988 p. ; 28 cm.View a full description of this periodical.
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12-month extension available. In the large majority of cases,
these cumulative time periods are sufficient to resolve issues as-
sociated with starting construction. In some cases, particularly
when third party litigation is involved, a permit holder may not be
able to start construction within the extended time periods. The
commission is therefore proposing that an additional extension
be available. The commission is specifically proposing that the
first 18-month extension may be granted at the permit holder's
request. Another extension of up to 18 months may be granted
by the executive director to resolve litigation that is not of the per-
mit holder's origin. The commission also believes that economic
or other circumstances can arise which would affect the decision
to start construction and proposes that the executive director re-
tain discretion to grant a further extension for reasons, not spec-
ified in the rule, if the permit holder has demonstrated an intent
to build the project by spending at least 15% of the estimated
capital cost of the project. Any permit holder receiving a sec-
ond extension would be required to demonstrate that the project
continues to meet all the rules and regulations of the commis-
sion and the intent of the Texas Clean Air Act (TCAA), including
protection of the public's health and physical property. Any ex-
tension of the time to begin construction of a project will subject
the permit holder to additional best available control technology
and offset review. Because the same conditions that would moti-
vate a new NSR permit holder to seek extensions can also apply
to holders of flexible permits, the commission proposes to apply
the extension periods and conditions in proposed 116.120 to
flexible permits as well. Flexible permits are used to authorize
changes and modification to existing facilities.
Emission reductions in the form of offsets are obtained prior to
the issuance of an NSR permit to counter the effect of new emis-
sions on air quality. In recent years, the commission has es-
tablished programs that create emission caps in Houston and
Dallas and use emission credits and allowances to maintain the
caps. Emission offsets are also considered in these programs
and must meet the same certification standards as emission
credits in order to achieve consistent protection of air quality. The
commission is therefore proposing that emission offsets be certi-
fied in the same way as emission credits in 30 TAC Chapter 101,
Subchapter H, Emissions Banking and Trading. The commission
proposes to retain in Chapter 116 certification of future offsets
internal to a facility. In many cases, these future internal offsets
are credited for the replacement of existing equipment that must
be kept in operation until the new, lower emitting equipment is
operational. This is in contrast to offsets used externally to a fa-
cility which must occur before it can be credited. Those portions
of 116.170 that concern the offset of emissions from rocket en-
gine firing and cleaning would be transferred to a new 116.172.
Emission offsets are reductions that are used to compensate
for an emission increase, usually from new construction, in the
same geographic area. Consequently, offsets are not permanent
reductions but will reappear in the future. In order to make mean-
ingful emission control plans for nonattainment and prevention of
significant deterioration areas, the commission needs timely and
accurate information on emission reductions that will be used as
offsets. The commission is proposing that emission reductions
not yet certified and banked as emission credits by the effective
date of these rules must be certified and banked by September
1, 2004, in order to be considered for offsets.
The commission requires adequate time to process permit re-
newals and, for workload management, needs to ensure that
those permits closest to expiration are received first. For these
reasons, the commission is also proposing that permit renewalapplications be submitted at least six months, but no earlier than
18 months, before the permit will expire. By establishing a date
for the earliest submission of a renewal application, the commis-
sion will also increase the possibility that renewal applications
are received under the most current fee tables.
SECTION BY SECTION DISCUSSION
Subchapter A: Definitions
The definition of "offset" in 116.12 would be amended to state
that an offset would have to be certified as an emission credit
under Chapter 101, Subchapter H, in order to qualify as a reduc-
tion. The commission is also proposing minor changes to ab-
breviations, rule citations, and acronyms to conform with Texas
Register formatting in the definitions.
Subchapter B: New Source Review Permits
The proposed amendments to 116.114, Application Review
Schedule, would provide for the voiding of an application for a
permit or permit amendment in the event of deficient information
supplied with the application. After two written notifications of
the deficiency, if an applicant fails to make a good faith effort
to provide the required information, the executive director will
void the application and notify the applicant. To pursue the
project, the applicant shall submit an entirely new application
with a new Form PI-1. The new application will be subject to
the state and federal rules and regulations in place at the time
of submittal. If a new application is submitted within six months
of the voidance of the original application, the application will be
exempt from the fee requirements under 116.140, Applicability.
However, the applicant must go through a new technical review
and republish public notice.
The commission proposes to amend 116.115, General and
Special Conditions, to remove language relating to the voiding
of permits and extensions of time to begin construction and
transfer this language to a new 116.120.
The new 116.120, Voiding of Permits, addresses the voiding
of permits and contains language relocated from 116.115. The
relocated language would be amended to allow an additional ex-
tension of up to 18 months to begin construction of a project au-
thorized with an NSR permit. This extension would be available
in the case of a construction delay caused by litigation, not of the
permit holder's origin, associated with the issuance of the permit.
The executive director may also issue an extension if the permit
holder has spent at least 15% of the estimated cost of construc-
tion on preparatory work and has demonstrated that emissions
from the facility are in compliance with commission rules and the
intent of the TCAA.
The proposed amendments to 116.143, Payment of Fees,
would state that the permit application fee must be received
before an application will be processed or before the start of
any time constraints required of the commission in application
processing. This amendment is intended to ensure the com-
mission receives fees needed to cover the expense in permit
review and processing. The commission retains the conditions
under which fees will or will not be returned to the applicant. If
no permit or amendment is issued or if the applicant withdraws
the application prior to permit issuance, then one-half of the fee
will be refunded. If it is determined that a permit application
will meet the requirements of a permit by rule, the applicant
is entitled to a refund of the fee difference. The commission
proposes to add a qualification for a standard permit or de
minimis classification under 116.119, De Minimis Facilities or28 TexReg 2904 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/83/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.