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Texas SIP: 30 TAC 116.601-116.615. Standard Permits; SIP effective 2008-10-17

Regulatory Text: 
Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification

SUBCHAPTER F : STANDARD PERMITS
As approved by EPA September 17, 2008 (73 FR 53716), effective October 17, 2008 (TXd93).

Outline:
§116.601.  Types of Standard Permits. 6-52, TXd41
§116.602.  Issuance of Standard Permits. 6-52, TXd41
§116.603.  Public Participation in Issuance of Standard Permits. 6-54, TXd41
    Superseded by TXd93 revisions effective October 17,2008.
§116.603.  Public Participation in Issuance of Standard Permits. 6-71, TXd93
§116.604.  Duration and Renewal of Registrations to Use Standard Permits. 6-52, TXd41
§116.605.  Standard Permit Amendment and Revocation. 6-52, TXd41
§116.606.  Delegation. 6-52, TXd41
§116.610.  Applicability. 6-55, TXd79
§116.611.  Registration to Use a Standard Permit. 6-62, TXd41
§116.614.  Standard Permit Fees. 6-52, TXd41
§116.615.  General Conditions. 6-55, TXd79  Superseded by TXd88 revisions effective October 29, 2007.
§116.615.  General Conditions. 6-73, TXd88


§116.601.  Types of Standard Permits.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).
Correction published November 24, 2003 (68 FR 66000).
Not in SIP: Subsection 116.601(a)(1).  See correction published November 24, 2004 (68 FR 66000).

     (a)  For the purposes of this chapter a standard permit is either:

          (1)  NOT in SIP

          (2)  one that is issued by the commission in accordance with §116.603 of this title (relating to Public Participation in Issuance of Standard Permits).

     (b)  Any standard permit in this subchapter adopted by the commission shall remain in effect until it is repealed under the APA.  If any adopted standard permit is repealed and replaced, facilities may continue to be authorized until the date of registration required by subsection (e) of this section.

     (c)  A registration to use a standard permit adopted by the commission in this subchapter shall be renewed by the applicant under the requirements of §116.604 of this title (relating to Duration and Renewal of Registrations to use Standard Permits) by the tenth anniversary of the date of the original registration.

     (d)  If a standard permit in this subchapter adopted by the commission is repealed and replaced, with no changes, by a standard permit issued by the commission, any existing registration to use the repealed standard permit will be automatically converted to a registration to use the new standard permit, if the facility continues to meet the requirements.  An automatically converted registration to use a standard permit shall be renewed by the applicant under the requirements of §116.604 of this title by the tenth anniversary of the date of the new registration.

     (e)  If a standard permit adopted by the commission in this subchapter is repealed and replaced with a standard permit issued by the commission, and the requirements of the standard permit are changed in the process, persons registered to use the repealed standard permit shall register to use the issued standard permit by the later of either the deadline established in the issued standard permit, or the tenth anniversary of the original registration.  The commission shall notify, in writing, all persons registered to use the repealed standard permit of the date by which a new registration must be submitted.  Persons not wishing to register for the issued standard permit shall have the option of applying for or qualifying for other applicable authorizations in this chapter or in Chapter 106 of this title (relating to Exemptions from Permitting).

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.601 approved by epa 11/14/03*****TXd41**********dys**


§116.602.  Issuance of Standard Permits.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  The commission may issue a standard permit under the procedures in §116.603 of this title (relating to Public Participation in Issuance of Standard Permits) if the commission finds that:

          (1)  the standard permit is enforceable; and

          (2)  the commission can adequately monitor compliance with the terms of the standard permit.

     (b)  The commission may issue standard permits for:

          (1) grandfathered facilities.  Standard permits for use by grandfathered facilities before September 1, 2001 are not required to meet best available control technology;

          (2)  the installation of emission control equipment that constitutes a modification or a new facility under TCAA, §382.057.

     (c)  Other than the standard permits issued for use under subsection (b)(1) and (2) of this section, all standard permits issued by the commission under this chapter shall require best available control technology.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.602 approved by epa 11/14/03*****TXd41**********dys**


§116.603.  Public Participation in Issuance of Standard Permits.
As adopted by TNRCC August 9, 2000, effective September 4, 2000 (6-54).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).
Superseded by revision approved by EPA September 17, 2008 (73 FR 53716), effective October 17, 2008 (TXd93)

     (a)  The commission will publish notice of a proposed standard permit in a daily or weekly newspaper of general circulation in the area affected by the activity that is the subject of the proposed standard permit.  If the proposed standard permit will have statewide applicability, notice will be published in the daily newspaper of largest general circulation within each of the following metropolitan areas:  Amarillo, Austin, Corpus Christi, Dallas, El Paso, Houston, the Lower Rio Grande Valley, Lubbock, the Permian Basin, San Antonio, and Tyler.  In both cases, the commission will publish notice in the Texas Register.

     (b)  The contents of a public notice of a proposed standard permit shall be in accordance with §122.506 of this title (relating to Public Notice for General Operating Permits) except where clearly not applicable.  Each notice will include an invitation for written comments by the public regarding the proposed standard permit.  The public notice will specify a comment period of at least 30 days and the public notice will be published not later than the 30th day before the commission issues a standard permit.

     (c)  The commission will hold a public meeting to provide an additional opportunity for public comment.  The commission will give notice of a public meeting under this subsection as part of the notice described in subsection (b) of this section not later than the 30th day before the date of the meeting.  The public comment period shall automatically be extended to the close of any public meeting.

     (d)  If the commission receives public comment related to the issuance of a standard permit, the commission will issue a written response to the comments at the same time the commission issues or denies the permit.  The commission will make the response available to the public, and shall mail the response to each commenter.

     (e)  The commission will publish notice of its final action on the proposed standard permit and the text of its response to comments in the Texas Register.

     (f)  The commission will make a copy of any issued standard permit and response to comments available to the public for inspection at the commission's Office of Permitting, Remediation, and Registration in its Austin office, and also in the appropriate regional offices

Adopted August 9, 2000, effective September 4, 2000 (6-54)
***********end tx 116.603 approved by epa 11/14/03*****TXd41**********dys**


§116.603. Public Participation in Issuance of Standard Permits.
As adopted by TCEQ September 20, 2006 effective October 12, 2006 (6- 71).
Approved by EPA September 17, 2008 (73 FR 53716), effective October 17, 2008 (TXd93).

     (a) The commission will publish notice of a proposed standard permit in a daily or weekly newspaper of general circulation in the area affected by the activity that is the subject of the proposed standard permit.  If the proposed standard permit will have statewide applicability, notice will be published in the daily newspaper of largest general circulation within each of the following metropolitan areas: Austin, Dallas, and Houston and any other regional newspapers designated by the executive director on a case-by-case basis.  In all cases, the commission will publish notice in the Texas Register and issue a press release.  Electronic means may be used to transmit notice to selected state and local officials.

     (b) The contents of a public notice of a proposed standard permit shall be in accordance with §122.506 of this title (relating to Public Notice for General Operating Permits) except where clearly not applicable.  Each notice will include an invitation for written comments by the public regarding the proposed standard permit.  The public notice will specify a comment period of at least 30 days and the public notice will be published not later than the 30th day before the commission issues a standard permit.

     (c) The commission will hold a public meeting to provide an additional opportunity for public comment.  The commission will give notice of a public meeting under this subsection as part of the notice described in subsection (b) of this section not later than the 30th day before the date of the meeting.  The public comment period shall automatically be extended to the close of any public meeting.

     (d) If the commission receives public comment related to the issuance of a standard permit, the commission will issue a written response to the comments at the same time the commission issues or denies the permit.  The commission will make the response available to the public, and shall mail the
response to each commenter.

     (e) The commission will publish notice of its final action on the proposed standard permit and the text of its response to comments in the Texas Register.

     (f) The commission will make a copy of any issued standard permit and response to comments available to the public for inspection at the commission's Office of Permitting, Remediation, and Registration in its Austin office, and also in the appropriate regional offices.

Adopted September 20, 2006, Effective October 12, 2006 (6-71).
***end tx 116.603***6-71***EPA-R06-OAR-2006-0867***TX052***TXd93***kxu***


§116.604.  Duration and Renewal of Registrations to Use Standard Permits.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     An owner or operator who chooses to use a standard permit shall register to use a standard permit in accordance with §116.611 of this title (relating to Registration to Use a Standard Permit), unless otherwise specified in a specific standard permit.

          (1)  The registration to use a standard permit is valid for a term not to exceed ten years.

          (2)  The holder of a standard permit shall be required to renew the registration to use a standard permit by the date the registration expires.  Any registration renewal shall include the requirements, as applicable, of §116.611 of this title (relating to Registration to Use a Standard Permit) and shall provide information determined by the commission to be necessary to demonstrate compliance with the requirements and conditions of the standard permit and with applicable state and federal regulations.

          (3)  The commission will provide written notice to registrants of the renewal deadline at least 180 days prior to the expiration of the registration.
          (4)  The commission may choose to renew registrations to use specific standard permits automatically, and, in such cases, will provide written notice to registrants.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.604 approved by epa 11/14/03*****TXd41**********dys**


§116.605.  Standard Permit Amendment and Revocation.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  A standard permit remains in effect until amended or revoked by the commission.

     (b)  After notice and comment as provided by subsection (c) of this section and §116.603(b)-(f) of this title (relating to Public Participation in Issuance of Standard Permits), a standard permit may be amended or revoked by the commission.

     (c)  The commission will publish notice of its intent to amend or revoke a standard permit in a daily or weekly newspaper of general circulation in the area affected by the activity that is the subject of the standard permit.  If the standard permit has statewide applicability, then the requirement for newspaper notice shall be accomplished by publishing notice in the daily newspaper of largest general circulation within each of the following major metropolitan areas:  Austin, Dallas, and Houston.  The commission will also provide written notice to registrants and any persons requesting to be on a mailing list concerning a specific standard permit.  In both cases, the commission will publish notice in the Texas Register.

     (d)  The commission may, through amendment of a standard permit, add or delete requirements or limitations to the permit.

          (1)  To remain authorized under the standard permit, a facility shall comply with an amendment to the standard permit on the later of either the deadline the commission provides in the amendment or the date the facility’s registration to use the standard permit is required to be renewed.  The commission may not require compliance with an amended standard permit within 24 months of its amendment unless it is necessary to protect public health.

          (2)  Before the date the facility is required to comply with the amendment, the standard permit, as it read before the amendment, applies to the facility.

          (3)  The commission will consider the following when determining whether to amend or revoke a standard permit:

               (A)  whether a condition of air pollution exists;

               (B)  the applicability of other state or federal standards that apply or will apply to the types of facilities covered by the standard permit;

               (C)  requests from the regulated community or the public to amend or revoke a standard permit consistent with the requirements of the TCAA; and

               (D)  whether the standard permit requires best available control technology.

     (e)  The commission may require, upon issuance of an amended standard permit, or on a date otherwise provided, the owner or operator of a facility to submit a registration to use the amended standard permit in accordance with the requirements of §116.611 of this title (relating to Registration to Use a Standard Permit).

     (f)  If the commission revokes a standard permit, it will provide written notice to affected registrants prior to the revocation of the standard permit.  The notice will advise registrants that they must apply for a permit under this chapter or qualify for an authorization under Chapter 106 of this title (relating to Exemptions from Permitting).

     (g)  The issuance, amendment, or revocation of a standard permit or the issuance, renewal, or revocation of a registration to use a standard permit is not subject to Texas Government Code, Chapter 2001.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.605 approved by epa 11/14/03*****TXd41**********dys**


§116.606.  Delegation.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     The commission may delegate to the executive director any authority in this subchapter.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.606 approved by epa 11/14/03*****TXd41**********dys**


§116.610.  Applicability.
6-55:  As adopted by TNRCC March 7, 2001 effective March 29, 2001 (6-55).
Approved by EPA September 6, 2006 (71 FR 52664) effective October 6, 2006 (TXd79).
The SIP does not include subsection 116.610(d).

(a)  Under the TCAA, §382.051, a project which meets the requirements for a standard permit listed in this subchapter or issued by the commission is hereby entitled to the standard permit, provided the following conditions listed in this section are met.  For the purposes of this subchapter, project means the construction or modification of a facility or a group of facilities submitted under the same registration:

          (1)  any project which results in a net increase in emissions of air contaminants from the project other than carbon dioxide, water, nitrogen, methane, ethane, hydrogen, oxygen, or those for which a National Ambient Air Quality Standard has been established must meet the emission limitations of §106.261(3) or (4) or §106.262(3) of this title (relating to Facilities (Emission Limitations), and Facilities (Emission and Distance Limitations)), unless otherwise specified by a particular standard permit;

          (2)  construction or operation of the project must be commenced prior to the effective date of a revision to this subchapter under which the project would no longer meet the requirements for a standard permit;

          (3)  the proposed project must comply with the applicable provisions of the FCAA, §111 (concerning New Source Performance Standards) as listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA;

          (4)  the proposed project must comply with the applicable provisions of FCAA, §112 (concerning Hazardous Air Pollutants) as listed under 40 CFR 61, promulgated by the EPA;

          (5)  the proposed project must comply with the applicable maximum achievable control technology standards as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §112 or as listed under Chapter 113, Subchapter C of this title (relating to National Emissions Standards for Hazardous Air Pollutants for Source Categories (FCAA, §112, 40 CFR 63)); and

          (6)  If subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) the proposed facility, group of facilities, or account must obtain allocations to operate.

     (b)  Any project, except those authorized under §116.617 of this title (relating to Standard Permits for Pollution Control Projects), which constitutes a new major source, or major modification under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration Review) or Part D (Nonattainment Review) and regulations promulgated thereunder is subject to the requirements of §116.110 of this title (relating to Applicability) rather than this subchapter.

     (c)  Persons may not circumvent by artificial limitations the requirements of §116.110 of this title.

     (d)  NOT in SIP

Adopted March 7, 2001, Effective March 29, 2001 (6-55).
***end tx 116.610***6-55***EPA-R06-OAR-2005-TX-0023***TX029***TXd79***h1w***


§116.611.  Registration to Use a Standard Permit.
As adopted by TCEQ November 20, 2002, effective December 11, 2002 (6-62).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  If required, registration to use a standard permit shall be sent by certified mail, return receipt requested, or hand delivered to the executive director, the appropriate commission regional office, and any local air pollution program with jurisdiction, before a standard permit can be used.  The registration must be submitted on the required form and must document compliance with the requirements of this section, including, but not limited to:

          (1)  the basis of emission estimates;

          (2)  quantification of all emission increases and decreases associated with the project being registered;

          (3)  sufficient information as may be necessary to demonstrate that the project will comply with §116.610(b) of this title (relating to Applicability);

          (4)  information that describes efforts to be taken to minimize any collateral emissions increases that will result from the project;

          (5)  a description of the project and related process; and

          (6)  a description of any equipment being installed.

     (b)  Construction may begin any time after receipt of written notification from the executive director that there are no objections or 45 days after receipt by the executive director of the registration, whichever occurs first, except where a different time period is specified for a particular standard permit.

     (c)  In order to avoid applicability of Chapter 122 of this title (relating to Federal Operating Permits), a certified registration shall be submitted.  The certified registration must state the maximum allowable emission rates and 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.  The certified registration shall be amended if the basis of the emission estimates changes or the maximum emission rates listed on the registration no longer reflect the reasonably anticipated maximums for operation of the facility.  The certified registration shall be submitted to the executive director; to the appropriate commission regional office; and to all local air pollution control agencies having jurisdiction over the site.  Certified registrations must also be maintained in accordance with the requirements of §116.115 of this title (relating to General and Special Conditions).

          (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.

Adopted November 20, 2002, effective December 11, 2002 (6-62)
***********end tx 116.611 approved by epa 11/14/03*****TXd41**********dys**


§116.614.  Standard Permit Fees.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     Any person who registers to use a standard permit or an amended standard permit, or to renew a registration to use a standard permit shall remit, at the time of registration, a flat fee of $450 for each standard permit being registered, unless otherwise specified in a particular standard permit.  No fee is required if a registration is automatically renewed by the commission.  All standard permit fees will be remitted in the form of a check or money order made payable to the Texas Natural Resource Conservation Commission (TNRCC) and delivered with the permit registration to the TNRCC, P.O. Box 13088, MC 214, Austin, Texas 78711-3088.  No fees will be refunded.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.614 approved by epa 11/14/03*****TXd41**********dys**


§116.615.  General Conditions. 6-55, TXd79
As adopted by TNRCC March 7, 2001 effective March 29, 2001 (6-55).
Approved by EPA September 6, 2006 (71 FR 52664) effective October 6, 2006 (TXd79).
Superseded by revisions approved by EPA August 28, 2007 (72 FR 49198) effective October 29, 2007 (TXd88).


     The following general conditions are applicable to holders of standard permits, but will not necessarily be specifically stated within the standard permit document.

          (1)  Protection of public health and welfare. The emissions from the facility must comply with all applicable rules and regulations of the commission adopted under the Texas Health and Safety Code, Chapter 382, and with intent of the TCAA, including protection of health and property of the public.

          (2)  Standard permit representations.  All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standard permit become conditions upon which the facility or changes thereto, must be constructed and operated.  It is unlawful for any person to vary from such representations if the change will affect that person's right to claim a standard permit under this section.  Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under §116.110 of this title (relating to Applicability).  If the facility remains eligible for a standard permit, the owner or operator of the facility shall notify the executive director of any change in conditions which will result in a change in the method of control of emissions, a change in the character of the emissions, or an increase in the discharge of the various emissions as compared to the representations in the original registration or any previous notification of a change in representations.  Notice of changes in representations must be received by the executive director no later than 30 days after the change.

          (3)  Standard permit in lieu of permit amendment.  All changes authorized by standard permit to a facility previously permitted under §116.110 of this title (relating to Applicability) shall be administratively incorporated into that facility's permit at such time as the permit is amended or renewed.

          (4)  Construction progress.  Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office not later than 15 working days after occurrence of the event, except where a different time period is specified for a particular standard permit.

          (5)  Start-up notification.

               (A)  The appropriate air program regional office of the commission and any other air pollution control program having jurisdiction shall be notified prior to the commencement of operations of the facilities authorized by a standard permit in such a manner that a representative of the executive director may be present.

               (B)  For phased construction, which may involve a series of units commencing operations at different times, the owner or operator of the facility shall provide separate notification for the commencement of operations for each unit.

               (C)  Prior to beginning operations 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).

               (D)  A particular standard permit may modify start-up notification requirements.

          (6)  Sampling requirements.  If sampling of stacks or process vents is required, the standard permit holder shall contact the Office of Air Quality and any other air pollution control program having jurisdiction prior to sampling to obtain the proper data forms and procedures.  All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission.  The standard permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.

          (7)  Equivalency of methods.  The standard permit holder shall demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the standard permit.  Alternative methods must 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 standard permit.

          (8)  Recordkeeping. A copy of the standard permit along with information and data sufficient to demonstrate applicability of and compliance with the standard permit shall be maintained in a file at the plant site and made available at the request of representatives of the executive director, the EPA, or any air pollution control program having jurisdiction.  For facilities that normally operate unattended, this information shall be maintained at the nearest staffed location within Texas specified by the standard permit holder in the standard permit registration.  This information must include, but is not limited to, production records and operating hours.  Additional recordkeeping requirements may be specified in the conditions of the standard permit.  Information and data sufficient to demonstrate applicability of and compliance with the standard permit must be retained for at least two years following the date that the information or data is obtained.  The copy of the standard permit must be maintained as a permanent record.

          (9)  Maintenance of emission control.  The facilities covered by the standard permit may 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.  Notification for upsets and maintenance shall be made in accordance with §101.6 and §101.7 of this title (relating to Upset Reporting and Recordkeeping Requirements; and Maintenance, Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements).

          (10)  Compliance with rules.  Registration of a standard permit by a standard permit applicant constitutes an acknowledgment and agreement that the holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the claiming of the standard permit.  If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern.  Acceptance includes consent to the entrance of commission employees and designated representatives of any air pollution control program having jurisdiction into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the standard permit.

Adopted March 7, 2001, Effective March 29, 2001 (6-55).
***end tx 116.615***6-55***EPA-R06-OAR-2005-TX-0023***TX029***TXd79***h2a***


§116.615. General Conditions. 6-73, TXd88
6-73: As adopted by TCEQ February 21, 2007 effective March 12, 2007 (6-73).
Approved by EPA August 28, 2007 (72 FR 49198) effective October 29, 2007 (TXd88).


     The following general conditions are applicable to holders of standard permits, but will not necessarily be specifically stated within the standard permit document.

          (1) Protection of public health and welfare.  The emissions from the facility, including dockside vessel emissions, must comply with all applicable rules and regulations of the commission adopted under Texas Health and Safety Code, Chapter 382, and with the intent of the Texas Clean Air Act (TCAA), including protection of health and property of the public.

          (2) Standard permit representations.  All representations with regard to construction plans, operating procedures, and maximum emission rates in any registration for a standard permit become conditions upon which the facility or changes thereto, must be constructed and operated.  It is unlawful for any person to vary from such representations if the change will affect that person's right to claim a standard permit under this section.  Any change in condition such that a person is no longer eligible to claim a standard permit under this section requires proper authorization under §116.110 of this title (relating to Applicability).  If the facility remains eligible for a standard permit, the owner or operator of the facility shall notify the executive director of any change in conditions which will result in a change in the method of control of emissions, a change in the character of the emissions, or an increase in the discharge of the various emissions as compared to the representations in the original registration or any previous notification of a change in representations.  Notice of changes in representations must be received by the executive director no later than 30 days after the change.

          (3) Standard permit in lieu of permit amendment.  All changes authorized by standard permit to a facility previously permitted under §116.110 of this title shall be administratively incorporated into that facility's permit at such time as the permit is amended or renewed.

          (4) Construction progress.  Start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office not later than 15 working days after occurrence of the event, except where a different time period is specified for a particular standard permit.

          (5) Start-up notification.
               (A) The appropriate air program regional office of the commission and any other air pollution control agency having jurisdiction shall be notified prior to the commencement of operations of the facilities authorized by a standard permit in such a manner that a representative of the executive director may be present.
               (B) For phased construction, which may involve a series of units commencing operations at different times, the owner or operator of the facility shall provide separate notification for the commencement of operations for each unit.
               (C) Prior to beginning operations 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).
               (D) A particular standard permit may modify start-up notification requirements.

          (6) Sampling requirements.  If sampling of stacks or process vents is required, the standard permit holder shall contact the commission's appropriate regional office and any other air pollution control agency having jurisdiction prior to sampling to obtain the proper data forms and procedures.  All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission.  The standard permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.

          (7) Equivalency of methods.  The standard permit holder shall demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the standard permit.  Alternative methods must 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 standard permit.

          (8) Recordkeeping.  A copy of the standard permit along with information and data sufficient to demonstrate applicability of and compliance with the standard permit shall be maintained in a file at the plant site and made available at the request of representatives of the executive director, the United States Environmental Protection Agency, or any air pollution control agency having jurisdiction.  For facilities that normally operate unattended, this information shall be maintained at the nearest staffed location within Texas specified by the standard permit holder in the standard permit registration.  This information must include, but is not limited to, production records and operating hours.  Additional recordkeeping requirements may be specified in the conditions of the standard permit.  Information and data sufficient to demonstrate applicability of and compliance with the standard permit must be retained for at least two years following the date that the information or data is obtained.  The copy of the standard permit must be maintained as a permanent record.

          (9) Maintenance of emission control.  The facilities covered by the standard permit may 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.  Notification for emissions events and scheduled maintenance shall be made in accordance with §101.201 and §101.211 of this title (relating to Emissions Event Reporting and Recordkeeping Requirements; and Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements).

          (10) Compliance with rules.  Registration of a standard permit by a standard permit applicant constitutes an acknowledgment and agreement that the holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the claiming of the standard permit.  If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern.  Acceptance includes consent to the entrance of commission employees and designated representatives of any air pollution control agency having jurisdiction into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the standard permit.

          (11) Distance limitations, setbacks, and buffer zones.  Notwithstanding any requirement in any standard permit, if a standard permit for a facility requires a distance, setback, or buffer from other property or structures as a condition of the permit, the determination of whether the distance, setback, or buffer is satisfied shall be made on the basis of conditions existing at the earlier of:
               (A) the date new construction, expansion, or modification of a facility begins; or
               (B) the date any application or notice of intent is first filed with the commission to obtain approval for the construction or operation of the facility.

Adopted February 21, 2007, Effective March 12, 2007 (6-73).
***end tx 116.615***6-73***EPA-R06-OAR-2007-0285***TX059***TXd88***hxr***
********************end texas chapter 116 subchapter f********TXd88***kxu***