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Texas SIP: 30 TAC 116.01. Permit Requirements; SIP effective 1995.11.27 TXc97

Regulatory Text: 
Section 116.01.  Permit Requirements 

(As approved by EPA 09/27/95 (60 FR 49788) at 52.2270(c)(97) effective 11/27/95.)
97I    (a) Any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the air of this state must obtain a permit to construct pursuant to Section 116.3(a) of this title (relating to Consideration for Granting Permits to Construct and Operate) or satisfy the conditions for exempt facilities pursuant to Section 116.6 of this title (relating to Exempted Facilities) before any actual work is begun on the facility.  If a permit to construct is issued by the Board, the person in charge of the facility must apply for an operating permit pursuant to Section 116.3(b) of this title (relating to Consideration for Granting Permits to Construct and Operate) within 60 days after the facility has begun operation, unless this 60-day period has been extended by the Executive Director.  

97G    (b) The new owner of a facility which previously has received a permit or special permit from the Texas Natural Resource Conservation Commission (TNRCC) shall not be required to apply for a new permit or special permit and the change of ownership shall not be subject to the public notification requirements of this chapter, provided that within 30 days after the change of ownership the new owner notifies the TNRCC of the change.  The notification shall include a certification of the following:

97G       (1) The ownership change has occurred and the new owner will comply with all conditions and provisions of the permit or special permit and all representations made in the application for permit or special permit and any amendments thereto;

97G       (2) There will be no change in the type of pollutants emitted; and

97G       (3) There will be no increase in the quantity of pollutants emitted.

97K    (c) All applications for permit or permit amendment with an estimated capital cost of the project above $2 million, and not subject to any exemption contained in the Texas Engineering Practice Act (TEPA), shall be submitted under seal of a registered professional engineer.  However, nothing in this subsection shall limit or affect any requirement which may apply to the practice of engineering under the TEPA or the actions of the Texas State Board of Registration for Professional Engineers.  For purposes of this subsection, the estimated capital cost is defined in Section 116.3(b) of this title, concerning Permit Fees.

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