Regulatory Text: 
Chapter 115.  Control of Air Pollution from Volatile Organic Compounds.

SUBCHAPTER J : ADMINISTRATIVE PROVISIONS

[J:4]  STANDARD PERMITS 
As adopted by TACB November 10, 1993 effective December 3, 1993 (5-44).
Approved by EPA May 22, 1997 (62 FR 27964) effective June 23, 1997 (TXc104B).

Outline:
          §115.950.  Standard Construction Permit for Volatile
                        Organic Compounds (VOC) Control Projects. 


§115.950.  Standard Construction Permit for Volatile Organic Compounds (VOC) Control Projects.

104B  (a)  In lieu of complying with the permitting requirements of Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification), any person who installs VOC abatement equipment or implements a VOC control technique in order to comply with the requirements of this chapter shall be entitled to a standard permit under the following conditions.

104B       (1)  Installation of the control equipment of implementation of the control technique must not result in an increase in the facility's production capacity unless the capacity increase occurs solely as a result of the requirement to install the control equipment or implement the control technique on existing units required to meet applicable emission limitations.  Any production capacity increase resulting from the installation of control equipment or implementation of control techniques shall not be utilized until the owner or operator obtains any necessary authorization pursuant to 116.110 or this title.

104B       (2)  Any emission increase of an air contaminant other than VOC shall be a direct result of installing VOC abatement equipment or implementing a VOC control technique.

104B       (3)  If installation of VOC abatement equipment or implementation of a VOC control technique will result in a significant net increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent air quality impact analysis in the area, a person claiming a standard permit shall submit information sufficient to demonstrate that the following conditions will be met:

104B            (A)  considering the VOC reductions that will result from implementation of the requirements of this part, the emissions increase shall not cause or contribute to a violation of any national ambient air quality standard;

104B            (B)  the emissions increase shall not cause or contribute to a violation of any Prevention of Significant Deterioration (PSD) of Air Quality regulation increment; and

104B            (C)  the emissions increase shall not cause or contribute to a violation of a visibility limitation.

104B       (4)  For purposes of this undesignated head, "significant net increase" means an increase of emissions equal to or greater than the amount specified in the MAJOR MODIFICATION column of Table I of Section 101.1 of this title (relating to Definitions).

104B       (5)  Notice of the intent to be covered by a standard permit shall be filed with the Agency before a standard permit can be claimed.  Such notice should be filed on or before the compliance date of the applicable rule.  Information required under paragraph (3) of this subsection must be submitted no later than 14 days prior to the commencement of construction for the installation of VOC abatement equipment or implementation of a VOC control technique.

104B  (b)  Unless notified by the Executive Director to the contrary, any person who submits notice of the intent to be covered by the standard permit is authorized to emit the increase in the quantity of pollutants emitted or change in the type of pollutants emitted under the terms and conditions of this permit 14 days after the date that the notice of intent is postmarked, if all required submissions have been made.  The Executive Director may deny coverage under this permit at any time upon a determination that the terms and conditions of this permit are not being met and may require submittal of a permit or permit amendment application for a permit under Chapter 116 of this title.  Emissions covered by a standard permit must comply with all rules and regulations of the Texas Natural Resources Conservation Commission.

104B  (c)  For purposes of compliance with the PSD and nonattainment new source review provisions of Chapter 116 of this title, an increase that satisfies the requirements for a standard permit shall not constitute a physical change or a change in the method of operation.  For purposes of compliance with the Standards of Performance for New Stationary Sources regulations promulgated by the U.S. Environmental Protection Agency at 40 Code of Federal Regulations (CFR) 60.14, an increase that satisfies the requirements for a standard permit shall satisfy the requirements of 40 CFR 60.14(e)(5).

104B  (d)  All representations made in association with a notice of intent to claim a standard permit become conditions upon which the VOC abatement equipment covered by the standard permit shall be constructed and operated or the VOC control technique implemented.  It shall be unlawful for any person to vary from such representations if the change in conditions will affect that person's right to claim a standard permit under this section.  Any change in conditions such that a person is no longer eligible to claim a standard permit under this section requires submission of a permit or permit amendment application for a permit under Chapter 116 of this title.

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