Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,910
2821-2988 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(iii) Prior to operation of the facilities authorized by
the permit, the permit holder shall identify to the Office of Permitting,
Remediation, and Registration the source or sources of allowances to
be utilized for compliance with Chapter 101, Subchapter H, Division 3
of this title (relating to Mass Emissions Cap and Trade Program).
(C) [(D)] Sampling requirements.
(i) If sampling is required, the permit holder shall
contact the commission's Office of Compliance and Enforcement prior
to sampling to obtain the proper data forms and procedures.
(ii) All sampling and testing procedures must be ap-
proved by the executive director and coordinated with the regional rep-
resentatives of the commission.
(iii) The permit holder is also responsible for pro-
viding sampling facilities and conducting the sampling operations or
contracting with an independent sampling consultant.
(D) [(E)] Equivalency of methods. The permit holder
must demonstrate or otherwise justify the equivalency of emission con-
trol methods, sampling or other emission testing methods, and moni-
toring methods proposed as alternatives to methods indicated in the
conditions of the permit. Alternative methods shall be applied for in
writing and must be reviewed and approved by the executive director
prior to their use in fulfilling any requirements of the permit.
(E) [(F)] Recordkeeping. The permit holder shall:
(i) maintain a copy of the permit along with records
containing the information and data sufficient to demonstrate compli-
ance with the permit, including production records and operating hours;
(ii) keep all required records in a file at the facility
site. If, however, the facility site normally operates unattended, records
must be maintained at an office within Texas having day-to-day oper-
ational control of the facility site;
(iii) make the records available at the request of per-
sonnel from the commission or any local air pollution control agency
having jurisdiction over the site. Upon request, the commission shall
make any such records of compliance available to the public in a timely
manner;
(iv) comply with any additional recordkeeping re-
quirements specified in special conditions attached to the permit;
(v) retain information in the file for at least two years
following the date that the information or data is obtained; and
(vi) for persons certifying and registering a feder-
ally-enforceable emission limitation in accordance with 116.611 of
this title (relating to Registration To Use a Standard Permit), retain all
records demonstrating compliance for at least five years.
(F) [(G)] Maximum allowable emission rates. The total
emissions of air contaminants from any of the sources of emissions
must not exceed the values stated on the table attached to the permit
entitled "Emission Sources--Maximum Allowable Emission Rates."
(G) [(4)] Maintenance of emission control. The per-
mitted facilities shall not be operated unless all air pollution emission
capture and abatement equipment is maintained in good working order
and operating properly during normal facility operations. The permit
holder shall provide notification for emissions events and maintenance
in accordance with 101.201, 101.211, and 101.221 of this title (relat-
ing to Emissions Event Reporting and Recordkeeping Requirements;
Scheduled Maintenance, Startup [Start-up], and Shutdown Reporting
and Recordkeeping Requirements; and Operational Requirements).
(H) [(I)] Compliance with rules.(i) Acceptance of a permit by an applicant consti-
tutes an acknowledgmendment and agreement that the permit holder will
comply with all rules, regulations, and orders of the commission is-
sued in conformity with the TCAA and the conditions precedent to the
granting of the permit.
(ii) If more than one state one state or federal rule or regula-
tion or permit condition are applicable, the most stringent limit or con-
dition shall govern and be the standard by which compliance shall be
demonstrated.
(iii) Acceptance includes consent to the entrance of
commission employees and agents into the permitted premises at rea-
sonable times to investigate conditions relating to the emission or con-
centration of air contaminants, including compliance with the permit.
(c) (No change.)
116.120. Voiding ofPermits.
A permit or permit amendment under this chapter is void if the permit
holder does one of the following:
(1) fails to begin construction within 18 months, or atime pe-
riod specified in thepermit, of date ofissuance. Atthe request ofthe permit
holder, the executive director may grant an 18-month extension to begin
construction. Permits issued to holders who havereceived extensions will
be subjectto furtherbest available control technologyreview andreevalu-
ation ofnetting or offsets as applicable. An additional extension ofup to 18
months may be grantedby the executive director if;
(A) the permit holder becomes involved in litigation not
of the permit holder's initiation regarding the issuance of the permit, and
demonstrates that emissions from the facility will comply with all rules
and regulations of the commission and the intent of the TCAA, including
protection of the public's health and physical property; or
(B) the permit holder has spent 15% of the estimated cap-
ital cost of the project on preparation for construction, and demonstrates
that emissions from the facility will comply with all rules and regulations
of the commission and the intent of the TCAA, including protection of the
public's health andphysical property.
(2) discontinues construction for more than 18 consecutive
months prior to completion; or
(3) fails to complete construction within areasonable time.
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-200301869
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
DIVISION 4. PERMIT FEES
30 TAC 116.143
STATUTORY AUTHORITY
The amendment is proposed under TWC, 5.103, concerning
Rules, and 5.105, concerning General Policy, which authorize
the commission to adopt rules necessary to carry out its28 TexReg 2910 April 4, 2003 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/89/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.