| (a) A permit application shall provide any information,
including confidential information as addressed in Chapter 1 of this
title (relating to Purpose of Rules, General Provisions), required
by the executive director to determine the applicability of, or to
codify, any applicable requirement or state-only requirement.
(b) An application for a general operating permit shall
only be required to provide the information necessary to determine
qualification for, and to assure compliance with, the general operating
permit.
(c) An applicant may submit an abbreviated initial
permit application, containing only the information in this section
deemed necessary by the executive director. The abbreviated application
shall include at a minimum, a general application form containing
identifying information regarding the site and the applicant and a
certification by a responsible official. The executive director shall
inform the applicant in writing of the deadline for submitting the
remaining information.
(d) An application shall include, but is not limited
to, the following information:
(1) a general application form and all information
requested by that form;
(2) for each emission unit, information regarding the
general applicability determinations, which includes the following:
(A) the general identification of each potentially
applicable requirement and potentially applicable state-only requirement
(e.g., New Source Performance Standards Subpart Kb);
(B) the applicability determination for each requirement
identified under subparagraph (A) of this paragraph; and
(C) the basis for each determination made under subparagraph
(B) of this paragraph;
(3) for each emission unit, information regarding the
detailed applicability determinations, which includes the following:
(A) the specific regulatory citations in each applicable
requirement or state-only requirement identifying the following:
(i) the emission limitations and standards; and
(ii) the monitoring, recordkeeping, reporting, and
testing requirements associated with the emission limitations and
standards identified under clause (i) of this subparagraph;
(B) the basis for each applicability determination
identified under subparagraph (A) of this paragraph;
(4) a compliance plan including the following information:
(A) the following statement: "As the responsible official
it is my intent that all emission units shall continue to be in compliance
with all applicable requirements they are currently in compliance
with, and all emission units shall be in compliance by the compliance
dates with any applicable requirements that become effective during
the permit term.";
(B) for all emission units addressed in the application,
an indication of the compliance status with respect to all applicable
requirements, based on any compliance method specified in the applicable
requirements and any other credible evidence or information;
(C) for any emission unit not in compliance with the
applicable requirements identified in the application, the following
information:
(i) the method used for assessing the compliance status
of the emission unit;
(ii) a narrative description of how the emission unit
will come into compliance with all applicable requirements;
(iii) a compliance schedule (resembling and at least
as stringent as any compliance schedule contained in any judicial
consent decree or administrative order to which the site is subject),
including remedial measures to bring the emission unit into compliance
with the applicable requirements; which shall be supplemental to,
and shall not sanction noncompliance with, the applicable requirements
on which it is based; and
(iv) a schedule for the submission, at least every
six months after issuance of the permit, of certified progress reports;
(D) for any emission unit requiring installation, testing,
or final verification of operational status of monitoring equipment
to satisfy the requirements of compliance assurance monitoring or
periodic monitoring, the following information:
(i) an implementation plan and schedule for installing,
testing, and performing any other appropriate activities prior to
use of the monitoring; and
(ii) milestones for completing such installation, testing,
or final verification;
(5) if applicable, information requested by the nationally-standardized
forms for the acid rain portions of permit applications, and compliance
plans required by the acid rain program;
(6) if applicable, a statement certifying that a risk
management plan, or a schedule to submit a risk management plan has
been submitted to the appropriate agency in accordance with Federal
Clean Air Act, §112(r)(7) (Prevention of Accidental Releases);
(7) for applicants requesting a permit shield, any
information requested by the executive director in order to determine
whether to grant the shield;
(8) a certification in accordance with §122.165
of this title (relating to Certification by a Responsible Official);
(9) fugitive emissions from an emission unit shall
be included in the permit application and the permit in the same manner
as stack emissions, regardless of whether the source category in question
is included in the list of sources contained in the definition of
"Major Source";
(10) for any application for which the executive director
has not authorized initiation of public notice by June 3, 2001, any
preconstruction authorizations that are applicable to emission units
at the site;
(11) for emission units subject to compliance assurance
monitoring, as specified in §122.604 of this title (relating
to Compliance Assurance Monitoring Applicability), information specified
in 40 Code of Federal Regulations (CFR) §64.3 (Monitoring Design
Criteria); and 40 CFR §64.4 (Submittal Requirements), according
to the schedule specified in 40 CFR §64.5 (Deadlines for Submittals);
and
(12) for emission units subject to periodic monitoring,
as specified in §122.602 of this title (relating to Periodic
Monitoring Applicability), proposed periodic monitoring requirements
sufficient to yield reliable data from the relevant time period that
are representative of the emission unit's compliance with the applicable
requirement, and testing, monitoring, reporting, or recordkeeping
sufficient to assure compliance with the applicable requirement, shall
be submitted for the following permitting actions:
(A) permits issued under §122.201 of this title
(relating to Initial Permit Issuance);
(B) permit renewals issued under §122.243 of this
title (relating to Permit Renewal Procedures);
(C) permit reopenings issued under §122.231(a)
and (b) of this title (relating to Permit Reopenings);
(D) significant permit revisions issued under §122.221
of this title (relating to Procedures for Significant Permit Revisions);
and
(E) minor permit revisions issued under §122.217
of this title (relating to Procedures for Minor Permit Revisions).
(e) The executive director shall make a copy of the
permit application accessible to the United States Environmental Protection
Agency.
(f) An application may not omit information needed
to determine the applicability of, or to impose, any applicable requirement;
however, any facilities that meet the requirements of §116.119
of this title (relating to De Minimis Facilities or Sources) are not
required to be included in applications unless the facilities or sources
are subject to an applicable requirement.
|
| Source Note: The provisions of this §122.132 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective February 23, 2017, 42 TexReg 688 |
