(i) the AMOC applicant name with mailing address, site
name with physical address, regulated entity number, and contact person
including address and telephone number;
(ii) an identification and a description of the sources
involved in the AMOC plan including any applicable air permit numbers,
plot plans, detailed flow diagrams, emission point numbers (EPNs),
and facility identification numbers (FINs); an identification of the
provisions of this subchapter that are applicable to such sources;
an identification of promulgated provisions of this subchapter that
will be applicable to such sources; and a description of normal operating
conditions for each source causing emissions;
(iii) control requirements, which must be established
for each source to make emission limits enforceable, to be applicable
to each source affected by the proposed AMOC plan;
(iv) a demonstration that the AMOC plan satisfies each
applicable requirement of paragraph (3) of this subsection;
(v) a list containing the name, address, and telephone
number of any air pollution control program with jurisdiction over
the site affected by the AMOC plan; and
(vi) any other relevant information necessary to evaluate
the merits and enforceability of the AMOC plan, as may be requested
by the executive director.
(C) All representations with regard to the AMOC plan,
as well as any provisions attached to the AMOC plan, become conditions
upon which the subsequent AMOC plan is issued. If the AMOC plan is
approved by the executive director and the EPA, the owner or operator
may not vary from such representation or provision if the change will
cause a change in the method of control of emissions, the character
of the emissions, or will result in an increase in the discharge of
the various emissions. If the AMOC plan is approved by the executive
director and the EPA, the owner or operator may not vary from the
emission limits, control requirements, monitoring, testing, reporting,
or recordkeeping requirements of an approved AMOC plan.
(D) Applications to amend or revise an AMOC plan must
be submitted subject to the requirements of this subsection.
(5) Procedures for an AMOC Plan Approval. Upon a preliminary
determination to approve or deny the proposed AMOC plan, the executive
director shall, in writing, so notify the submitter of the plan, any
local air pollution control program with jurisdiction over the site
affected by the AMOC plan, and the EPA regional office.
(A) If the executive director makes a preliminary determination
to approve the AMOC plan, the notice must include a copy of the AMOC
plan as preliminarily approved.
(B) If the executive director makes a determination
to deny the AMOC plan, the notice must include a description of the
reason(s) for such determination of denial. This determination constitutes
a final action of the executive director appealable to the commission
as provided in subparagraph (G) of this subsection.
(C) Upon receipt of notice from the executive director
that the AMOC plan has received preliminary approval, the AMOC applicant,
at the applicant's own expense, shall cause notice of the applicant's
intent to obtain an AMOC plan and of the opportunity to submit written
comments to be published. The notice must be consistent with paragraph
(6) of this subsection.
(D) The executive director shall consider and prepare
a written response to all significant and timely written comments
filed in connection with an AMOC plan.
(E) In response to the written comments, the executive
director may modify the provisions of the AMOC plan, deny the AMOC
plan, or approve the AMOC plan without changes.
(F) The executive director shall send written notice
of the final determination concerning each AMOC plan to the submitter
of the plan, the EPA regional office, any local pollution control
program with jurisdiction, and to each person who submitted timely
written comments. Such notice must include the final AMOC plan provisions,
a copy of the response to comments, and an announcement of the opportunity
to appeal the executive director's determination to the Commission.
The notice required by this subparagraph must be sent by a means evidencing
receipt.
(G) Any person entitled to notice under paragraph (6)
of this subsection may, within 15 days of the receipt of such notice,
file with the executive director an appeal of the final determination
on the AMOC plan. Such appeal may be considered at the next regularly
scheduled meeting of the Commission for which adequate notice may
be made. Based on arguments submitted to the commission during such
appeal, the Commission may remand the AMOC determination to the executive
director, deny the AMOC plan, or issue the AMOC plan unchanged.
(H) Within 45 days of final approval of the AMOC plan
by the executive director or the Commission for an appeal, the EPA
may notify the commission of the EPA's disapproval of the executive
director's final decision. Such notification must be in writing and
must include a statement of the reason(s) for the disapproval and
a specific listing of changes to the AMOC plan needed to overcome
the disapproval. Any time prior to the expiration of the 45-day period,
the EPA may notify the executive director that no disapproval is forthcoming.
Upon receipt of a timely EPA disapproval, the executive director shall
void or revise the AMOC plan and reissue the notice as required by
paragraph (6) of this subsection.
(I) If no appeal of the executive director's decision
to approve the AMOC plan is filed pursuant to subparagraph (G) of
this paragraph, the AMOC plan becomes effective upon the acceptance
of the plan by the EPA as described in subparagraph (K) of this paragraph.
(J) If an appeal of the executive director's decision
is filed, the AMOC plan becomes effective upon the latter of the acceptance
of the AMOC plan by the Commission or the acceptance of the AMOC plan
by the EPA.
(K) EPA acceptance is defined as explicit approval
of the AMOC plan by the EPA, notification by the EPA to the executive
director that no EPA disapproval is forthcoming, or failure of the
EPA to file notice of disapproval within 45 days after the executive
director's final decision to approve the AMOC plan.
(6) Public Notice Format.
(A) Public notice must be published in the public notice
section of two successive issues of a newspaper of general circulation
in or closest to the municipality in which the site affected by the
AMOC plan is located.
(B) Public notice must contain the following information:
(i) the AMOC plan application number assigned by the
executive director;
(ii) the AMOC applicant's name;
(iii) the type of source and site;
(iv) a description of the location of the site;
(v) a brief description of the AMOC plan;
(vi) the executive director's preliminary determination
to approve the plan;
(vii) the locations and availability of copies of the
proposed AMOC plan, related documentation, and the executive director's
preliminary analysis of the plan (including the Austin and appropriate
regional offices, any local pollution control program with jurisdiction
over the site affected by the AMOC plan, and the EPA regional office);
(viii) an announcement of the opportunity to submit
written comments on the AMOC plan;
(ix) the length of the public comment period, which
extends to at least 30 days after the final publication of the notice;
(x) the procedure for submission of written public
comments concerning the proposed AMOC plan; and
(xi) the name, address, and phone number of the agency's
regional office to be contacted for further information.
(C) The executive director may not take final action
on the AMOC plan until the owner or operator who submitted the AMOC
plan has provided proof of adequate notice to the executive director,
the EPA, and any local pollution control program with jurisdiction.
(7) Review of Approved AMOC Plans and Termination of
AMOC Plans.
(A) For the purposes of this subsection, compliance
date means the date by which a source must comply with new or modified
sections of this subchapter.
(B) Unless revised to reflect new regulatory requirements,
an AMOC plan becomes void on the compliance date specified for a new
or modified section of this subchapter affecting a source subject
to an AMOC plan.
(C) The holder of an AMOC plan shall comply with the
requirements of this subchapter if the AMOC plan becomes void.
(D) Upon final approval of an AMOC plan, the owner
or operator of the sources affected by the plan shall keep a copy
of the plan on the site affected by the plan and shall make the plan
available upon request to representatives of the executive director,
the EPA, or any local air pollution control agency having jurisdiction
in the area.
(E) Upon request, each holder of an AMOC plan shall
submit to the executive director a demonstration that the plan continues
to meet all applicable criteria of this subsection.
(F) An AMOC holder is responsible for obtaining a new
AMOC plan prior to the compliance date of any new or modified regulation
of this subchapter that affects a source subject to an AMOC plan.
(8) Inclusion of Contiguous Properties. Notwithstanding
paragraph (3)(A) of this subsection, an AMOC plan may cover multiple
sources operated on contiguous properties, provided that separate
requests for plan approval are submitted by each owner or operator
subject to a control requirement under this subchapter.
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