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Texas SIP: 30 TAC 116.03. Consideration for Granting a Permit to Construct and Operate; SIP effective 2000.08.16 TXd08

Regulatory Text: 
§116.3.  Consideration for Granting a Permit to Construct and Operate.

(As approved by EPA July 17 2000 (65 FR 43986), effective August 16, 2000.
Left justified number before each paragraph is 40 CFR 52.2270(c) section where paragraph was last approved by EPA.  See SIP Map record for Federal Register approval date and effective date.)


  (a) Permit to Construct. 
  
97P       In order to be granted a permit to construct, the owner or operator of the proposed facility shall submit information to the Texas Natural Resource Conservation Commission (TNRCC) which will demonstrate that all of the following are met:

97P       (1) The emissions from the proposed facility will comply with all rules and regulations of the TNRCC and with the intent of the Texas Clean Air Act (TCAA) including protection of the health and physical property of the people.

97P          (A) In considering the issuance of a permit for construction or modification of any facility within 3,000 feet or less of an elementary, junior high/middle, or senior high school, the TNRCC shall consider any possible adverse short-term or long-term side effects that an air  contaminant or nuisance odor from the facility may have on the individuals attending these school facilities. 
  
97P          (B) Pursuant to the TCAA, Section 382.053, a permit to construct shall not be issued for a new lead smelting plant at a site located within 3,000 feet of the residence of any individual and at which lead smelting operations have not been conducted before August 31, 1987.  This subparagraph does not apply to a modification of a lead smelting plant in operation on or before August 31, 1987, to a new lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead per hour, or to a lead smelting plant that was located more than 3,000 feet from the nearest residence when the plant began operations.  In this subparagraph, "lead smelting plant" means a facility operated as a smeltery for the processing of lead.

36        (2) The proposed facility will have provisions for measuring the emission of significant air contaminants as determined by the Executive Director.

97P       (3) The proposed facility will utilize the best available control technology, with consideration given to the technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from the facility.   
  
97P       (4) The emissions from the proposed facility will meet at least the requirements of any applicable new source performance standards promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to authority granted under the Federal Clean Air Act (FCAA), sectopm 111, as amended.

97P       (5) The emissions from the proposed facility will meet at least the requirements of any applicable emission standard for hazardous air pollutants promulgated by the EPA pursuant to authority granted under the FCAA, Section 112, as amended. 
  
36        (6) The proposed facility will achieve the performance specified in the application for a permit to construct.  The applicant may be required to submit additional engineering data after a permit to construct has been issued in order to demonstrate further that the proposed facility will achieve the performance specified in the application for the permit to construct. 

          (7) Repealed from SIP July 17, 2000 (65 FR 43986), effective
              August 16, 2000.  Replaced with §§ 116.150 and 116.151.

          (8) Repealed from SIP July 17, 2000 (65 FR 43986), effective
              August 16, 2000.  Replaced with §§ 116.150 and 116.151.

          (9) Repealed from SIP August 19, 1997 (62 FR 44087),
              at 52.2270(c)(102) effective October 20, 1997.
              Replaced by § 116.161.

          (10) Repealed from SIP July 17, 2000 (65 FR 43986), effective
              August 16, 2000.  Replaced with §§ 116.150 and 116.151.

          (11) Repealed from SIP August 19, 1997 (62 FR 44087),
               at 52.2270(c)(102) effective October 20, 1997.      
               Replaced by § 116.160.
 
          (12) Repealed from SIP August 19, 1997 (62 FR 44087),
               at 52.2270(c)(102) effective October 20, 1997.
               Replaced by § 116.162.

97P       (13) Permits for hazardous waste management facilities shall not be issued if the facility is to be located in the vicinity of specified public access areas under the following circumstances:
   
97P          (A) No permit shall be issued for a new hazardous waste landfill or land treatment facility or an areal expansion of an existing facility if the boundary of the facility or expansion is to be located within 1,000 feet of an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park.
  
97P          (B) No permit shall be issued for a new commercial hazardous waste management facility or the subsequent areal expansion of such a facility or unit of that facility if the boundary of the unit is to be located within one-half mile (2,640 feet) of an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park.
  
97P          (C) For a subsequent areal expansion of a new commercial hazardous waste management facility that is required to comply with subparagraph (B) of this paragraph, distances shall be measured from a residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park only if such structure, water supply, or park was in place at the time the distance was certified for the original permit.  
  
97P          (D) No permit shall be issued for a new commercial hazardous waste management facility that is proposed to be located at a distance greater than one-half mile (2,640 feet) from an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park, at any distance beyond the facility's property boundaries, unless the applicant demonstrates that the facility will be operated so as to safeguard public health and welfare and protect physical property and the environment.
  
97P          (E) The measurement of distances required by subparagraphs (A), (B), (C), and (D) of this paragraph shall be taken toward an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park that is in use when the permit application is filed with TNRCC.  The restrictions imposed by subparagraphs (A), (B), (C), and (D) of this paragraph do not apply to a residence, church, school, day care center, surface water body used for a public drinking water supply, a dedicated public park located within the boundaries of a commercial hazardous waste management facility or property owned by the permit applicant.   

97P          (F) The measurement of distances required by subparagraphs (A), (B), (C), and (D) of this paragraph shall be taken from a perimeter around the proposed hazardous waste management unit.  The perimeter shall be no more than 75 feet from the edge of the proposed hazardous waste management unit.  
  
  
  (b) Permit to operate.
 
01       In order to be granted a permit to operate the owner of the facility shall demonstrate that: 
  
01       (1) The facility is complying with the Rules and Regulations of the Texas Natural Resource Conservation Commission and the intent of the Texas Clean Air Act.  

36       (2) The facility has been constructed and is being operated in accordance with the requirements and conditions contained in the permit to construct. 

36       (3) The facility is being operated in accordance with any applicable new source performance standards promulgated by the Environmental Protection Agency pursuant to authority granted under Section 111 of the Federal Clean Air Act, as amended.   
  
36       (4) The facility is being operated in accordance with any applicable emission standard for hazardous air pollutants promulgated by the Environmental Protection Agency pursuant to authority granted under Section 112 of the Federal Clean Air Act, as amended. 
  
       (c) Repealed from SIP July 17, 2000 (65 FR 43986), effective
           August 16, 2000.  Replaced with § 116.170.

       (d) NOT IN SIP  

       (e) NOT IN SIP  
  
97I    (f) Determination of deficient application.  An applicant shall make a good faith effort to submit, in a timely manner, adequate information which demonstrates that the requirements for obtaining a permit or permit amendment are met in response to any deficiency notification issued by the Executive Director pursuant to the provisions of Section 116.5 of this chapter, concerning Representations in Application for Permit and Exemption, or Section 116.10(a)(1) of this chapter, concerning Public Notification and Comment Procedure.  If an applicant fails to make such good faith effort, the Executive Director shall void the application and notify the applicant.  If the application is resubmitted within six months of the voidance, it shall be exempt from the requirements of Section 116.11 of this chapter, concerning Permit Fees. 
  
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