Texas SIP: 30 TAC Chapter 116, Subchapter D, Permit Renewals, SIP effective March 16, 2020 (TXd220)
Texas Commission on Environmental Quality
Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification
SUBCHAPTER D : PERMIT RENEWALS
As approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2010-0043 [TX214].
§116.310. Notification of Permit Holder. 6-90 TXd220 SIP effective March 16, 2020 (TXd220)
§116.311. Permit Renewal Application. 6-60 TXd186 SIP effective October 11, 2016 (TXd186)
§116.312. Public Notification and Comment Procedures. 6-51, TXd146 SIP effective February 5, 2014 (TXd146)
§116.313. Renewal Application Fees. 6-64, TXd101
§116.314. Review Schedule. 6-48 TXd130
§116.315. Permit Renewal Submittal. 6-75, TXd108
6D §116.310. Notification of Permit Holder, SIP effective March 16, 2020 (TXd220)
As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Submitted to EPA February 22, 2019 (TX-419),
Regulations.gov document EPA-R06-OAR-2019-0043-0003 [TX214.03] adobe page 94.
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214].
The executive director shall provide written notice to the permit holder that the
permit is scheduled for review. Such notice must be provided by certified or registered
United States mail, or an electronic method which can provide verification of receipt of
the notice, no less than 12 months prior to the expiration of the permit. The notice must
specify the procedure for filing an application for review and the information to be
included in the application. Under Texas Occupations Code, §55.002, the commission shall
exempt a permit holder from any increased fee or other penalty for failure to renew the
permit if the individual establishes, to the satisfaction of the commission, that the
failure to renew in a timely manner occurred because the individual was on active duty in
the United States Armed Forces serving outside the State of Texas.
As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220).
***end tx 1116.310***6-90***EPA-R06-OAR-2019-0043***TX214***TXd220***a3f***
6D §116.311. Permit Renewal Application. 6-60 TXd186 [TX112] SIP effective October 11, 2016 (TXd186)
As approved by EPA September 9, 2016 (81 FR 62381) effective October 11, 2016 (TXd186),
Regulations.gov docket EPA-R06-OAR-2010-0861 [TX112].
NOT IN SIP: Paragraph 116.311(a)(6).
(a) In order to be granted a permit renewal, the permit holder shall submit information in support of the application which demonstrates that:
(1) dockside vessel emissions associated with the facility will comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of the health and property of the public and minimization of emissions to the extent possible, consistent with good air pollution practices.
(2) the facility is being operated in accordance with all requirements and conditions of
the existing permit, including representations in the application for permit to construct and subsequent
amendments, and any previously granted renewal, unless otherwise authorized for a qualified facility;
(3) the facility meets the requirements of any applicable New Source Performance Standards as listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA under the authority of the FCAA, §111, as amended;
(4) the facility meets the requirements of any applicable emission standard for hazardous air pollutants as listed under Title 40 CFR Part 61, promulgated by EPA under the authority of the FCAA, §112, as amended; and
(5) the facility meets the requirements of any applicable maximum achievable control technology standard as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §1l2 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)).
(6) NOT IN SIP
(b) In addition to the requirements in subsection (a) of this section, if the commission determines it necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements, then:
(1) the applicant may be required to submit additional information regarding the emissions from the facility and their impacts on the surrounding area; and
(2) the commission shall impose as a condition for renewal only those requirements the executive director determines to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area.
(c) A compliance history review must be conducted in accordance with Chapter 60 of this title (relating to Compliance History).
***end tx 116.311***6-60***TXd186***EPA-R06-OAR-2010-0861***TX112***x6s***
6D §116.312. Public Notification and Comment Procedures. SIP effective May 9, 2006 (TXd75) to February 4, 2014.
As adopted by TACB August 16, 1993 effective September 13, 1993 (6-31).
Approved by EPA March 10, 2006 (71 FR 12285) effective May 9, 2006 (TXd75).
The Executive Director shall mail a written notification to the permit holder within 30 days of receipt of a completed application for permit review and renewal, as determined by the Executive Director of the Texas Air Control Board (TACB). The notification will acknowledge receipt of the application and require the applicant to provide public notice of the application for permit renewal according to §116.132 of this title (relating to Public Notice Format) and §116.133 of this title (relating to sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 of this title and §116.133 of this title (relating to Sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 of this title and §116.133 of this title and to public comments in §116.136 of this title (relating to Public Comment Procedures), which apply to proposed construction, proposed facilities, and permit applications shall apply likewise to proposed renewals, existing facilities, and renewal applications. The sign heading required under §116.133(a)(2) of this title shall read "PROPOSED RENEWAL OF AIR QUALITY PERMIT." When newspaper notices are published in accordance with §116.132 of this title, the applicant for permit renewal shall furnish a copy of such notices and dates of publication to the TACB in Austin and all local air pollution control agencies with jurisdiction in the county in which the facility is located. Along with such notices furnished to the TACB, the applicant shall certify that the signs required by §116.133 of this title have been posted in accordance with the provisions of that paragraph.
Adopted August 16, 1993, Effective September 13, 1993 (6-31).
***end tx 116.312***6-31***EPA-R06-OAR-2004-TX-0006***TX005***TXd75***h1w***
6D 116.312. Public Notification and Comment Procedures. SIP effective February 5, 2014, (TXd146) to present.
As adopted by TNRCC September 2, 1999, effective September 23, 1999 (6-51)
Approved by EPA January 6, 2014 (79 FR 00551) effective February 5, 2014, (TXd146),
Regulations.gov docket EPA-R06-OAR-2010-0612 [TX109]
The executive director shall mail a written notice to the permit holder within 30 days after receipt of a complete application. The notice will confirm receipt of the application and shall require the applicant to provide public notice of the application for permit renewal in accordance with Chapter 39 of this title (relating to Public Notice).
Adopted September 2, 1999, Effective September 23, 1999
***end tx 116.312***6-51***EPA-R06-OAR-2010-0612***TX109***TXd146***v1f***
6D §116.313. Renewal Application Fees. SIP effective May 19, 2009 (TXd101)
6-64: As adopted by TCEQ August 20, 2003 effective September 14, 2003 (6-64).
Submitted to EPA September 25, 2003.
Approved by EPA March 20, 2009 (74 FR 11851) SIP effective May 19, 2009 (TXd101).
(a) The fee for renewal is based on the total annual allowable emissions from the permitted facility to be renewed, according to the following table.
RENEWAL FEE TABLE*
|X = TOTAL ALLOWABLE
|X <= 5||$300||--|
|5 < X <= 24||$300||$35/ton|
|24 < X <= 99||$965||$25/ton|
|99 < X <= 994||$2,840||$8/ton|
|X > 994||$10,000||--|
Minimum fee: $300
Maximum fee: $10,000
* To calculate the fee, multiply the number of tons in excess of the lower limit of the appropriate category by the incremental fee, then add this amount to the base fee. For example, if total emissions of all air contaminants are 50 tons per year, the total fee would be $1,615 (base fee of $965, plus incremental fee of $25 x 26 tons or $650).
(b) Fees are due and payable at the time the renewal application is filed. No fee will be accepted before the permit holder has been notified by the commission that the permit is scheduled for review. All permit review fees shall be remitted by check, certified check, electronic funds transfer, or money order payable to the Texas Commission on Environmental Quality (TCEQ) and mailed to the TCEQ, P.O. Box 13088, MC 214, Austin, Texas 78711-3088. Required fees must be received before the agency will consider an application to be complete.
Adopted August 20, 2003, Effective September 14, 2003 (6-64).
***end tx 116.313***6-64***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***
6D §116.314. Review Schedule. 6-48 TXd130 TX114
6-48 As adopted by the Texas Natural Resource Conservation Commission (TNRCC) June 17, 1998 effective July 8, 1998 (6-48)
Approved by EPA November 14, 2011 (76 FR 70354) effective December 14, 2011 (TXd130) TX114
Regulations.gov docket EPA-R06-OAR-2010-0978
(a) Renewal of permit. The executive director shall renew a permit and notify the permit holder in writing if it is determined that the facility meets the requirements of this subchapter.
(b) Denial of renewal. Prior to denial, the executive director shall provide notice to the permit holder with a report which describes the basis for denial.
(1) If denial is based on failure to meet the requirements of §116.311(a) or (b) of this title (relating to Permit Renewal Application), the report shall establish a schedule for compliance with the renewal requirements.
(A) The report shall be forwarded to the permit holder no later than 180 days after the commission receives a completed application.
(B) The permit shall be renewed if the requirements are met according to the schedule specified in the report. The executive director shall notify the permit holder in writing of the permit renewal.
(2) If denial is based on failure to maintain substantial compliance with the TCAA or the terms of the existing permit under §116.311(c) of this title, the renewal denial shall be final. The executive director shall notify the permit holder in writing of the denial.
(c) Contested case hearing. After failure to satisfy the commission requirements for corrective action by the deadline specified in the executive director's report, the applicant shall show cause in a contested case proceeding why the permit should not expire. The proceeding will be conducted under the APA and Chapters 1, 55, and 80 of this title (relating to Purpose of Rules, General Provisions; Request for Contested Case Hearings; Public Comment; and Contested Case Hearings).
(d) Effective date of existing permit. An existing permit shall remain effective:
(1) until it is renewed;
(2) until the deadline specified in the executive director's report to the permit holder;
(3) during the course of a contested case hearing if the hearing extends beyond the expiration date; or
(4) until a date specified in any commission order entered following a contested case hearing.
***end tx 116.314***6-48***EPA-R06-OAR-2010-0978***TX114***TXd130***s5m***
§116.315. Permit Renewal Submittal. 6-75, TXd108, TX078
As adopted by TCEQ May 7, 2008, SIP effective May 29, 2008 (6-75).
Approved by EPA March 11, 2010 (75 FR 11464) effective May 10, 2010 (TXd108).
Regulations.gov docket EPA-R06-OAR-2008-0192 [TX078]
(a) With the exception of subsections (b) and (c) of this section, an application for renewal must be submitted at least six months, but no earlier than 18 months, prior to expiration of the permit or the permit will expire.
(b) With executive director approval, the application may be submitted before or after the time period specified in subsection (a) of this section.
(c) A renewal application with appropriate fee may be submitted at the same time as an amendment application to modify an existing facility as long as it is submitted not more than three years before the permit's expiration date and the amendment is subject to public notice requirements under Texas Health and Safety Code, §382.056, Notice of Intent to Obtain Permit or Permit Review; Hearing.
(d) Any permit issued:
(1) before December 1, 1991, is subject for review 15 years after the date of issuance;
(2) on or after December 1, 1991, is subject for review every ten years after the date of issuance; or
(3) at non-federal sources on or after December 1, 1991, may, for cause, contain a provision requiring renewal between five and ten years.
***end tx 116.315***6-75***EPA-R06-OAR-2008-0192***TX078***TXd108***s5m***
**end 30 TAC Chapter 116, Subchapter D, Permit Renewals, SIP effective March 16, 2020 (TXd220)**