| (a) Permit to construct. Before any actual work is begun on
the facility, 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 shall either:
(1) obtain a permit under §116.111 of this title (relating
to General Application);
(2) satisfy the conditions for a standard permit under the
requirements in:
(A) Subchapter F of this chapter (relating to Standard Permits);
(B) Chapter 321, Subchapter B of this title (relating to Concentrated
Animal Feeding Operations);
(C) Chapter 332 of this title (relating to Composting); or
(D) Chapter 330, Subchapter N of this title (relating to Landfill
Mining);
(3) satisfy the conditions for a flexible permit under the
requirements in Subchapter G of this chapter (relating to Flexible Permits);
(4) satisfy the conditions for facilities permitted by rule
under Chapter 106 of this title (relating to Permits by Rule); or
(5) satisfy the criteria for a de minimis facility or source
under §116.119 of this title (relating to De Minimis Facilities or Sources).
(b) Modifications to existing permitted facilities. Modifications
to existing permitted facilities may be handled through the amendment of an
existing permit.
(c) Compliance history. For all authorizations listed in subsections
(a) and (b) of this section or §116.116 of this title (relating to Changes
to Facilities), compliance history reviews may be required under Chapter 60
of this title (relating to Compliance History).
(d) Exclusion. Owners or operators of affected sources (as
defined in §116.15(1) of this title (relating to Section 112(g) Definitions))
subject to Subchapter C of this chapter (relating to Hazardous Air Pollutants:
Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g),
40 Code of Federal Regulations Part 63)) are not authorized to use:
(1) a permit by rule under Chapter 106 of this title;
(2) standard permits under Subchapter F of this chapter that
do not meet the requirements of Subchapter C of this chapter; or
(3) §116.116(e) of this title (relating to Changes to
Facilities).
(e) Change in ownership.
(1) Within 30 days after the change of ownership of a facility
permitted under this chapter, the new owner shall notify the commission and
certify the following:
(A) the date of the ownership change;
(B) the name, address, phone number, and contact person for
the new owner;
(C) an agreement by the new owner to be bound by all permit
conditions and all representations made in the permit application and any
amendments and alterations;
(D) there will be no change in the type of pollutants emitted;
and
(E) there will be no increase in the quantity of pollutants
emitted.
(2) The new owner shall comply with all permit conditions and
all representations made in the permit application and any amendments and
alterations.
(f) Submittal under seal of Texas licensed professional engineer.
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 Texas licensed 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 Board of Professional Engineers.
The estimated capital cost is defined in §116.141 of this title (relating
to Determination of Fees).
(g) Responsibility for permit application. The owner of the
facility or the operator of the facility authorized to act for the owner is
responsible for complying with this section.
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| Source Note: The provisions of this §116.110 adopted to be effective July 8, 1998, 23 TexReg 6973; amended to be effective September 4, 2000, 25 TexReg 8668; amended to be effective August 29, 2002, 27 TexReg 7910 |
