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Texas SIP: 30 TAC 106.1 - 106.13: General Requirements; SIP effective 2003-12-15 (TXd41) to 2014-11-09

Regulatory Text: 
Texas Natural Resource Conservation Commission

Chapter 106 - Permits by Rule

SUBCHAPTER A:  GENERAL REQUIREMENTS

Outline:
§106.1.  Purpose. P-14, TXd41
§106.2.  Applicability. P-14, TXd41
§106.4.  Requirements for Permitting by Rule. P-15, TXd41
         SIP effective December 15, 2003 (TXd41) to June 29, 2014
§106.4.  Requirements for Permitting by Rule. P-28, TXd154
         SIP effective June 30, 2014 (TXd154) to present  
§106.5.  Public Notice P-13, TXd41.  
§106.5.  REMOVED from SIP effective April 17, 2006. P-22, TXd76
§106.6.  Registration of Emissions. P-20, TXd41
§106.8.  Recordkeeping. P-18, TXd41
§106.13.  References to Standard Exemptions and Exemptions from 
Permitting. P-14, TXd41


§106.1.  Purpose.
As adopted by TCEQ August 9, 2000, e ffective September 4, 2000 (P-14).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     This chapter identifies certain types of facilities or changes within facilities which the commission has determined will not make a significant contribution of air contaminants to the atmosphere pursuant to the Texas Health and Safety Code, the Texas Clean Air Act (TCAA), §382.057 and §382.05196.

As adopted by TCEQ August 9, 2000, effective September 4, 2000 (p-14).
************end tx 106.1 approved by epa 11/14/03*****TXd41**********dys**


§106.2.  Applicability.
As adopted by TCEQ August 9, 2000, effective September 4, 2000 (P-14).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     This chapter applies to certain types of facilities or changes within facilities listed in this chapter where construction is commenced on or after the effective date of the relevant permit by rule.

As adopted by TCEQ August 9, 2000, effective September 4, 2000 (p-14).
************end tx 106.2 approved by epa 11/14/03*****TXd41**********dys**


§106.4.  Requirements for Permitting by Rule.
As adopted by TCEQ March 7, 2001, effective March 29, 2001 (P-15).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41) to June 29, 2014.

     (a)  To qualify for a permit by rule, the following general requirements must be met.

          (1)  Total actual emissions authorized under permit by rule from the facility shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOx ); or 25 tpy of volatile organic compounds (VOC) or sulfur dioxide (SO2 ) or inhalable particulate matter (PM10 ); or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.

          (2)  Any facility or group of facilities, which constitutes a new major stationary source, as defined in §116.12 of this title (relating to Nonattainment Review Definitions), or any modification which constitutes a major modification, as defined in §116.12 of this title, under the new source review requirements of the Federal Clean Air Act (FCAA), Part D (Nonattainment) as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, must meet the permitting requirements of Chapter 116, Subchapter B of this title (relating to New Source Review Permits) and cannot qualify for a permit by rule under this chapter.  Persons claiming a permit by rule under this chapter should see the requirements of §116.150 of this title (relating to New Major Source or Major Modification in Ozone Nonattainment Areas) to ensure that any applicable netting requirements have been satisfied.

          (3)  Any facility or group of facilities, which constitutes a new major stationary source, as defined in 40 Code of Federal Regulations (CFR) §52.21, or any change which constitutes a major modification, as defined in 40 CFR §52.21, under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration) as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, must meet the permitting requirements of Chapter 116, Subchapter B of this title and cannot qualify for a permit by rule under this chapter. 

          (4)  Unless at least one facility at an account has been subject to public notification and comment as required in Chapter 116, Subchapter B or Subchapter D of this title (relating to New Source Review Permits or Permit Renewals), total actual emissions from all facilities permitted by rule at an account shall not exceed 250 tpy of CO or NO x ; or 25 tpy of VOC or SO2  or PM10 ; or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.

          (5)  Construction or modification of a facility commenced on or after the effective date of a revision of this section or the effective date of a revision to a specific permit by rule in this chapter must meet the revised requirements to qualify for a permit by rule. 

          (6)  A facility shall comply with all applicable provisions of the FCAA, §111 (Federal New Source Performance Standards) and §112 (Hazardous Air Pollutants), and the new source review requirements of the FCAA, Part C and Part D and regulations promulgated thereunder. 

          (7)  There are no permits under the same commission account number that contain a condition or conditions precluding the use of a permit by rule under this chapter.

          (8)  The proposed facility or group of facilities shall obtain allowances for NOx if they are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program).

     (b)  No person shall circumvent by artificial limitations the requirements of §116.110 of this title (relating to Applicability).

     (c)  The emissions from the facility shall comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of health and property of the public, and all emissions control equipment shall be maintained in good condition and operated properly during operation of the facility.

     (d)  Facilities permitted by rule under this chapter are not exempted from any permits or registrations required by local air pollution control agencies.  Any such requirements must be in accordance with TCAA, §382.113 and any other applicable law.

As adopted by TCEQ March 7, 2001, effective March 29, 2001 (p-15).
************end tx 106.4 approved by epa 11/14/03*****TXd41**********dys**


§106.4. Requirements for Permitting by Rule.
As adopted by TCEQ April 20, 2011 effective May 15, 2011 (P-28).
Approved by EPA May 30, 2014 (79 FR 31406) effective June 30, 2014 (TXd154).
Regulations.gov docket EPA-R06-OAR-2011-0495 [TX122].

(a) To qualify for a permit by rule, the following general requirements must be met.
(1) Total actual emissions authorized under permit by rule from the facility shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOx); or 25 tpy of volatile organic compounds (VOC) or sulfur dioxide (S02) or inhalable particulate matter (PM): or 15 tpv of particulate matter with diameters of 10 microns or less (PM10); or 10 tpy of particulate matter with diameters of 2.5 microns or less (PM2.5); or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.
(2) Any facility or group of facilities, which constitutes a new major stationary source, as defined in §116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions), or any modification which constitutes a major modification, as defined in §116.12 of this title, under the new source review requirements of the Federal Clean Air Act (FCAA), Part D (Nonattainment) as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, must meet the permitting requirements of Chapter 116, Subchapter B of this title (relating to New Source Review Permits) and cannot qualify for a permit by rule under this chapter. Persons claiming a permit by rule under this chapter should see the requirements of §116.150 of this title (relating to New Major Source or Major Modification in Ozone Nonattainment Areas) to ensure that any applicable netting requirements have been satisfied.
(3) Any facility or group of facilities, which constitutes a new major stationary source, as defined in 40 Code of Federal Regulations (CFR) §52.21, or any change which constitutes a major modification, as defined in 40 CFR §52.21, under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration) as amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, must meet the permitting requirements of Chapter 116, Subchapter B of this title and cannot qualify for a permit by rule under this chapter.
(4) Unless at least one facility at an account has been subject to public notification and comment as required in Chapter 116, Subchapter B or Subchapter D of this title (relating to New Source Review Permits or Permit Renewals), total actual emissions from all facilities permitted by rule at an account shall not exceed 250 tpy of CO or NOx; or 25 tpy of VOC or S02 or PM; or 15 tpy of PM10; or 10 tpy of PM2.5; or 25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.
(5) Construction or modification of a facility commenced on or after the effective date of a revision of this section or the effective date of a revision to a specific permit by rule in this chapter must meet the revised requirements to qualify for a permit by rule.
(6) A facility shall comply with all applicable provisions of the FCAA, §111 (Federal New Source Performance Standards) and §112 (Hazardous Air Pollutants), and the new source review requirements of the FCAA, Part C and Part D and regulations promulgated thereunder.
(7) There are no permits under the same commission account number that contain a condition or conditions precluding the use of a permit by rule under this chapter.
(8) The proposed facility or group of facilities shall obtain allowances for NOx if they are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program).

(b) No person shall circumvent by artificial limitations the requirements of §116.10 of this title (relating to Applicability).

(c) The emissions from the facility shall comply with all rules and regulations of the commission and with the intent of the Texas Clean Air Act (TCAA), including protection of health and property of the public, and all emissions control equipment shall be maintained in good condition and operated properly during operation of the facility.

(d) Facilities permitted by rule under this chapter are not exempted from any permits or registrations required by local air pollution control agencies. Any such requirements must be in accordance with TCAA, §382.113 and any other applicable law.

*****end tx 106.4***P-28***EPA-R06-OAR-2011-0495***TX122***TXd154***v13****


§106.5.  Public Notice.   REMOVED from SIP effective April 17, 2006.
As adopted by TCEQ September 2, 1999, effective September 23, 1999 (P-13).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).
Repealled by TCEQ June 9, 2004, effective June 28, 2004 (P-22).
Removed from SIP March 15, 2006 (71 FR 13549) effective April 17, 2006 (TXd76).


     (a)  Any registration subject to this chapter that is declared administratively complete on or after September 1, 1999 is subject to the current version of this chapter.  Any registration that is declared administratively complete before September 1, 1999 is subject to the December 24, 1998 version of this chapter, and that version of this chapter is continued in effect for this purpose.

     (b)  Facilities constructed under this chapter that consist of permanently or temporarily located concrete plants that accomplish wet batching, dry batching, or central mixing, or specialty wet batch, concrete, mortar, grout mixing, or pre-cast concrete products, shall conduct public notice of the proposed construction unless exempted from public notice requirements by TCAA, §382.058(b).  In all cases, public notice shall comply with the requirements under Chapter 39 of this title (relating to Public Notice) and public participation shall be subject to Chapter 55 of this title (relating to Requests for Reconsideration and Contested Case Hearing; Public Comment).

As adopted by TCEQ September 2, 1999, effective September 23, 1999 (p-13).
************end tx 106.5 approved by epa 11/14/03*****TXd41**********dys**


§106.6.  Registration of Emissions.
As adopted by TCEQ November 20, 2002, effective December 11, 2002 (P-20).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  An owner or operator may certify and register the maximum emission rates from facilities permitted by rule under this chapter in order to establish federally-enforceable allowable emission rates which are below the emission limitations in §106.4 of this title (relating to Requirements for Permitting by Rule).

     (b)  All representations with regard to construction plans, operating procedures, and maximum emission rates in any certified registration under this section become conditions upon which the facility permitted by rule shall be constructed and operated.

     (c)  It shall be unlawful for any person to vary from such representation if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions, unless the certified registration is first revised.

     (d)  The certified registration must include documentation of the basis of emission estimates and a written statement by the registrant certifying that the maximum emission rates listed on the registration reflect the reasonably anticipated maximums for operation of the facility.

     (e)  Certified registrations used to demonstrate that Chapter 122 of this title (relating to Federal Operating Permits) does not apply to a source shall be submitted on the required form to the executive director; to the appropriate commission regional office; and to all local air pollution control agencies having jurisdiction over the site.

          (1)  Certified registrations established prior to the effective date of this rule shall be submitted on or before February 3, 2003.

          (2)  Certified registrations established on or after the effective date of this rule shall be submitted no later than the date of operation.

     (f)  All certified registrations shall be maintained on-site and be provided immediately upon request by representatives of the commission or any local air pollution control agency having jurisdiction over the site.  If however, the site normally operates unattended, certified registrations and records demonstrating compliance with the certified registration must be maintained at an office within Texas having day-to-day operational control of the site.  Upon request, the commission shall make any such records of compliance available to the public in a timely manner.

     (g)  Copies of certified registrations shall be included in permit applications subject to review under Chapter 116, Subchapter B of this title (relating to New Source Review Permits).

As adopted by TCEQ November 20, 2002, effective December 11, 2002 (p-20).
************end tx 106.6 approved by epa 11/14/03*****TXd41**********dys**


§106.8.  Recordkeeping
As adopted by TCEQ October 10, 2001, effective November 1, 2001 (P-18).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  Owners or operators of facilities and sources that are de minimis as designated in §116.119 of this title (relating to De Minimis Facilities or Sources) are not subject to this section.

     (b)  Owners or operators of facilities operating under a permit by rule (PBR) in Subchapter C of this chapter (relating to Domestic and Comfort Heating and Cooling) or under those PBRs that only name the type of facility and impose no other conditions in the PBR itself do not need to comply with specific recordkeeping requirements of subsection (c) of this section.  A list of these PBRs will be available through the commission’s Austin central office, regional offices, and the commission’s website.  Upon request from the commission or any air pollution control program having jurisdiction, claimants must provide information that would demonstrate compliance with §106.4 of this title (relating to Requirements for Permitting by Rule), or the general requirements, if any, in effect at the time of the claim, and the PBR under which the facility is authorized.

     (c)  Owners or operators of all other facilities authorized to be constructed and operate under a PBR must retain records as follows:

          (1)  maintain a copy of each PBR and the applicable general conditions of §106.4 of this title or the general requirements, if any, in effect at the time of the claim under which the facility is operating.  The PBR and general requirements claimed should be the version in effect at the time of construction or installation or changes to an existing facility, whichever is most recent.  The PBR holder may elect to comply with a more recent version of the applicable PBR and general requirements;

          (2)  maintain records containing sufficient information to demonstrate compliance with the following:

               (A)  all applicable general requirements of §106.4 of this title or the general requirements, if any, in effect at the time of the claim; and

               (B)  all applicable PBR conditions;

          (3)  keep all required records at the facility site.  If however, the facility normally operates unattended, records must be maintained at an office within Texas having day-to-day operational control of the plant site;

          (4)  make the records available in a reviewable format at the request of personnel from the commission or any air pollution control program having jurisdiction;

          (5)  beginning April 1, 2002, keep records to support a compliance demonstration for any consecutive 12-month period.  Unless specifically required by a PBR, records regarding the quantity of air contaminants emitted by a facility to demonstrate compliance with §106.4 of this title prior to April 1, 2002 are not required under this section; and

          (6)  for facilities located at sites designated as major in accordance with §122.10(13) of this title (relating to General Definitions) or subject to or potentially subject to any applicable federal requirement, retain all records demonstrating compliance for at least five years.  For facilities located at all other sites, all records demonstrating compliance must be retained for at least two years.  These record retention requirements supercede any retention conditions of an individual PBR.

As adopted by TCEQ October 10, 2001, effective November 1, 2001 (p-18).
************end tx 106.8 approved by epa 11/14/03*****TXd41**********dys**


§106.13.  References to Standard Exemptions and Exemptions from Permitting.
As adopted by TCEQ August 9, 2000, effective September 4, 2000 (P-14).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     The authorizations formerly known as standard exemptions and exemptions from permitting are referred to as permits by rule in this title.  Types of facilities and changes within facilities authorized by those standard exemptions and exemptions from permitting continue to be authorized unless modifications or changes to those facilities has caused them to no longer meet the conditions of the former standard exemption or exemption from permitting and the general requirements of this subchapter.

As adopted by TCEQ August 9, 2000, effective September 4, 2000 (p-14).
************end tx 106.13 approved by epa 11/14/03*****TXd41**********dys**
***end tx chapter 106 subchapter a approved by EPA 11/14/03**TXd41***dys**