Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,909
2821-2988 p. ; 28 cm.View a full description of this periodical.
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capacity of the facility/stationary source to emit a pollutant, including
air pollution control equipment and restrictions on hours of operation
or on the type or amount of material combusted, stored, or processed,
shall be treated as part of its design only if the limitation or the effect
it would have on emissions is federally enforceable. Secondary emis-
sions, as defined in 40 Code of Federal Regulations 51.165(a)(1)(viii),
do not count in determining the potential to emit for [of] a stationary
source.
(16) - (17) (No change.)
(18) Stationary source--Any building, structure, facility, or
installation which emits or may emit any air pollutant subject to regu-
lation under the FCAA [Federal Glean Air Aet].
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301868
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 239-5017
SUBCHAPTER B. NEW SOURCE REVIEW
PERMITS
DIVISION 1. PERMIT APPLICATION
30 TAC 116.114, 116.115, 116.120
STATUTORY AUTHORITY
The new and amended sections are proposed under TWC,
5.103, concerning Rules, and 5.105, concerning General
Policy, which authorize the commission to adopt rules necessary
to carry out its powers and duties under the TWC; and under
TCAA, 382.017, concerning Rules, which authorizes the com-
mission to adopt rules consistent with the policy and purposes
of the TCAA. The new and amended sections are also proposed
under TCAA, 382.002, concerning Policy and Purpose, which
establishes the commission's purpose to safeguard the state's
air resources, consistent with the protection of public health,
general welfare, and physical property; 382.011, concerning
General Powers and Duties, which authorizes the commission
to control the quality of the state's air; 382.012, concerning
State Air Control Plan, which authorizes the commission to
develop a general, comprehensive plan for control of the
state's air; 382.016, concerning Monitoring Requirements,
Examination of Records, which authorizes the commission to
prescribe reasonable requirements for the measuring and mon-
itoring of emissions of air contaminants; 382.051, concerning
Permitting Authority of Commission Rules, which authorizes the
commission to issue permits for the construction of a new facility
or modification of an existing facility; 382.0513, concerning
Permit Conditions, which authorizes the commission to establish
and enforce permit conditions; 382.0515, concerning Appli-
cation for Permit, which authorizes the commission to require
a permit application with plans and specifications necessary
for the commission to determine if the facility will comply with
applicable state and federal regulations and the intent of the
TCAA; 382.0517, concerning Determination of AdministrativeCompletion of Application, which authorizes the commission to
determine when an application is administratively complete; and
382.0518, concerning Preconstruction Permit, which requires
persons planning the construction or modification of a facility to
obtain a permit from the commission.
The proposed new and amended sections implement TWC,
5.103 and 5.105; and TCAA, 382.002, 382.011, 382.012,
382.016, 382.051, 382.0513, 382.0515, 382.0517, and
382.0518.
116.114. Application Review Schedule.
(a) (No change.)
(b) Voiding of deficient application.
(1) (No change.)
(2) If an applicant fails to make such good faith effort, the
executive director shall void the application and notify the applicant of
the voidance and the remaining deficiencies in the voided application. If
anew [the] application is submitted [resubmitted] within six months of
the voidance, it shall meet the requirements of 116.111 of this title (re-
lating to General Application) butwill be exempt from the requirements
of 116.140 of this title (relating to Applicability).
(c) (No change.)
116.115. General and Special Conditions.
(a) (No change.)
(b) General conditions. Holders of permits, special permits,
standard permits, and special exemptions shall comply with the fol-
lowing:
(1) (No change.)
(2) the following general conditions if the permit or amend-
ment is issued or amended on or after August 16, 1994, regardless of
whether they are specifically stated within the permit document.
((A) Voiding f permit A permit er permit amendment
under this chapter is automatically void if the permit holder does one
of the following:]
{(i) fails to begin construction within 48 months
of date of issuance The executive director may grant a one-time
18-month extension to the date to begin eonstructio;
[i) discontinues construction for mere than 48een-
secutive months prior to completion; or
[(iii) fails to complete constriction within a reason
able time.]
(A) [(3B)] Report of construction progress. The permit
holder shall report start of construction, construction interruptions ex-
ceeding 45 days, and completion of construction. The report shall be
given to the appropriate regional office of the commission not later than
15 working days after occurrence of the event.
(B) [(C)] Start-up notification.
(i) The permit holder shall notify the appropriate air
program regional office of the commission prior to the commencement
of operations of the facilities authorized by the permit. The notifica-
tion must be made in such a manner as to allow a representative of the
commission to be present at the commencement of operations.
(ii) The permit holder shall provide a separate noti-
fication for the commencement of operations for each unit of phased
construction, which may involve a series of units commencing opera-
tions at different times.PROPOSED RULES April 4, 2003 28 TexReg 2909
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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/m1/88/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.