|(a) In order to be granted a permit, amendment, or
special permit amendment, the application must include:
(1) a completed Form PI-1 General Application signed
by an authorized representative of the applicant. All additional support
information specified on the form must be provided before the application
(2) information which demonstrates that emissions from
the facility, including any associated dockside vessel emissions,
meet all of the following.
(A) Protection of public health and welfare.
(i) The emissions from the proposed facility will comply
with all rules and regulations of the commission and with the intent
of the Texas Clean Air Act (TCAA), including protection of the health
and property of the public.
(ii) For issuance of a permit for construction or modification
of any facility within 3,000 feet of an elementary, junior high/middle,
or senior high school, the commission 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
(B) Measurement of emissions. The proposed facility
will have provisions for measuring the emission of significant air
contaminants as determined by the executive director. This may include
the installation of sampling ports on exhaust stacks and construction
of sampling platforms in accordance with guidelines in the "Texas
Commission on Environmental Quality Sampling Procedures Manual."
(C) Best available control technology (BACT) must be
evaluated for and applied to all facilities subject to the TCAA. Prior
to evaluation of BACT under the TCAA, all facilities with pollutants
subject to regulation under Title I Part C of the Federal Clean Air
Act (FCAA) shall evaluate and apply BACT as defined in §116.160(c)(1)(A)
of this title (relating to Prevention of Significant Deterioration
(D) New Source Performance Standards (NSPS). The emissions
from the proposed facility will meet the requirements of any applicable
NSPS as listed under 40 Code of Federal Regulations (CFR) Part 60,
promulgated by the United States Environmental Protection Agency (EPA)
under FCAA, §111, as amended.
(E) National Emission Standards for Hazardous Air Pollutants
(NESHAP). The emissions from the proposed facility will meet the requirements
of any applicable NESHAP, as listed under 40 CFR Part 61, promulgated
by EPA under FCAA, §112, as amended.
(F) NESHAP for source categories. The emissions from
the proposed facility will meet the requirements of any applicable
maximum achievable control technology standard 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 Part 63)).
(G) Performance demonstration. The proposed facility
will achieve the performance specified in the permit application.
The applicant may be required to submit additional engineering data
after a permit has been issued in order to demonstrate further that
the proposed facility will achieve the performance specified in the
permit application. In addition, dispersion modeling, monitoring,
or stack testing may be required.
(H) Nonattainment review. If the proposed facility
is located in a nonattainment area, it shall comply with all applicable
requirements in this chapter concerning nonattainment review.
(I) Prevention of Significant Deterioration (PSD) review.
(i) If the proposed facility is located in an attainment
area, it shall comply with all applicable requirements in this chapter
concerning PSD review.
(ii) If the proposed facility or modification meets
or exceeds the applicable greenhouse gases thresholds defined in §116.164
of this title (relating to Prevention of Significant Deterioration
Applicability for Greenhouse Gases Sources) then it shall comply with
all applicable requirements in this chapter concerning PSD review
for sources of greenhouse gases.
(J) Air dispersion modeling. Computerized air dispersion
modeling may be required by the executive director to determine air
quality impacts from a proposed new facility or source modification.
In determining whether to issue, or in conducting a review of, a permit
application for a shipbuilding or ship repair operation, the commission
will not require and may not consider air dispersion modeling results
predicting ambient concentrations of non-criteria air contaminants
over coastal waters of the state. The commission shall determine compliance
with non-criteria ambient air contaminant standards and guidelines
at land-based off-property locations.
(K) Hazardous air pollutants. Affected sources (as
defined in §116.15(1) of this title (relating to Section 112(g)
Definitions)) for hazardous air pollutants shall comply with all applicable
requirements under Subchapter E of this chapter (relating to Hazardous
Air Pollutants: Regulations Governing Constructed or Reconstructed
Major Sources (FCAA, §112(g), 40 CFR Part 63)).
(L) Mass cap and trade allowances. 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 allowances to operate.
(b) In order to be granted a permit, amendment, or
special permit amendment, the owner or operator must comply with the
following notice requirements.
(1) Applications declared administratively complete
before September 1, 1999, are subject to the requirements of Division
3 of this subchapter (relating to Public Notification and Comment
(2) Applications declared administratively complete
on or after September 1, 1999, are subject to the requirements of
Chapter 39 of this title (relating to Public Notice) and Chapter 55
of this title (relating to Request for Reconsideration and Contested
Case Hearings; Public Comment). Upon request by the owner or operator
of a facility which previously has received a permit or special permit
from the commission, the executive director or designated representative
may exempt the relocation of such facility from the provisions in
Chapter 39 of this title if there is no indication that the operation
of the facility at the proposed new location will significantly affect
ambient air quality and no indication that operation of the facility
at the proposed new location will cause a condition of air pollution.
|Source Note: The provisions of this §116.111 adopted to be effective July 8, 1998, 23 TexReg 6973; amended to be effective September 23, 1999, 24 TexReg 8296; amended to be effective March 29, 2001, 26 TexReg 2398; amended to be effective September 12, 2002, 27 TexReg 8546; amended to be effective October 7, 2010, 35 TexReg 8944; amended to be effective April 17, 2014, 39 TexReg 2901