(a) The executive director shall provide written notice
to each plant-wide applicability limit (PAL) 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 scheduled expiration of the PAL 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.
(b) A stationary source owner or operator shall submit
a timely application to the executive director to request renewal
of a PAL permit. A timely application is one that is submitted at
least six months prior to, but not earlier than 18 months from, the
date of permit expiration. If the owner or operator of a stationary
source submits a complete application to renew the PAL permit within
this time period, then the permit will continue to be effective until
the revised permit with the renewed PAL is issued or the PAL permit
is voided.
(c) All PAL permits issued prior to the effective date
of this section are subject to the renewal requirements under this
section. These permits must be renewed by December 31, 2006, or within
the time frame specified in subsection (b) of this section, whichever
is later.
(d) The following information must be submitted with
a PAL renewal application:
(1) a proposed PAL level;
(2) information as identified in §116.182(1) of
this title (relating to Plant-wide Applicability Limit Permit Application);
and
(3) any other information the owner or operator wants
the executive director to consider in determining the appropriate
level for renewing the PAL.
(e) The proposed PAL level and a written rationale
for the proposed PAL level are subject to the public notice requirements
in §116.194 of this title (relating to Public Notice and Comment).
During such public review, any person may propose a PAL level for
the source for consideration by the executive director.
(f) The renewed PAL shall not exceed the potential
to emit for the source and shall not be set at a level higher than
the current PAL, unless the PAL is being amended in accordance with §116.192(a)
of this title (relating to Amendments and Alterations) concurrently
with the renewal. The executive director may adjust the renewed PAL
in accordance with the following.
(1) If the emissions level calculated in accordance
with §116.188 of this title (relating to Plant-wide Applicability
Limit) is equal to or greater than 80% of the PAL level, the PAL may
be renewed at the same level.
(2) If the emissions level calculated in accordance
with §116.188 of this title is less than 80% of the PAL level,
the executive director may set the PAL at a level that is determined
to be more representative of the source's baseline actual emissions,
or that is determined to be more appropriate considering air quality
needs, advances in control technology, anticipated economic growth
in the area, desire to reward or encourage the source's voluntary
emissions reductions, or other factors as specifically identified
by the executive director in written rationale.
(g) If the compliance date for a state or federal requirement
that applies to the PAL source occurs during the PAL effective period,
and if the executive director has not already adjusted for such requirement,
the PAL shall be adjusted at the time of PAL permit renewal or federal
operating permit renewal, whichever occurs first.
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