| (a) This section applies to applications for new construction
or modification of facilities or emissions units located in a designated
nonattainment area for an air contaminant other than ozone. The owner
or operator of a proposed new or modified facility or emissions unit
that will be a new major stationary source for that nonattainment
air contaminant, or the owner or operator of an existing major stationary
source that will undergo a major modification with respect to that
nonattainment air contaminant, shall meet the additional requirements
of subsection (c)(1) - (4) of this section. Table I located in the
definition of major modification in §116.12 of this title (relating
to Nonattainment and Prevention of Significant Deterioration Review
Definitions) specifies the various classifications of nonattainment
along with the associated emission levels that designate a major stationary
source.
(b) The de minimis threshold test (netting) is required
for all modifications to existing major sources of federally regulated
new source review pollutants, unless the proposed project emissions
increases are less than the major modification threshold for the pollutant
identified in Table I located in the definition of major modification
in §116.12 of this title.
(c) In applying the de minimis threshold test, if the
net emissions increases are greater than the major modification levels
stated in Table I located in the definition of major modification
in §116.12 of this title, the following requirements apply.
(1) The proposed facility or emissions unit shall comply
with the lowest achievable emission rate (LAER) as defined in §116.12
of this title for the nonattainment pollutants for which the facility
or emissions unit is a new major source or major modification. LAER
shall be applied to each new facility or emissions unit and to each
existing facility or emissions unit at which the net emissions increase
will occur as a result of a physical change or change in method of
operation of the unit.
(2) All major stationary sources owned or operated
by the applicant (or by any person controlling, controlled by, or
under common control with the applicant) in the state shall be in
compliance or on a schedule for compliance with all applicable state
and federal emission limits and standards.
(3) At the time the new or modified facility or emissions
unit or facilities or emissions units commence operation, the emission
increases from the new or modified facility or emissions unit or facilities
or emissions units shall be offset. The proposed facility or emissions
unit shall use the offset ratio for the appropriate nonattainment
classification as defined in §116.12 of this title and shown
in Table I located in the definition of major modification in §116.12
of this title.
(4) In accordance with the Federal Clean Air Act, the
permit application shall contain an analysis of alternative sites,
sizes, production processes, and control techniques for the proposed
source. The analysis shall demonstrate that the benefits of the proposed
location and source configuration significantly outweigh the environmental
and social costs of that location.
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| Source Note: The provisions of this §116.151 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective April 7, 1998, 23 TexReg 3515; amended to be effective February 1, 2006, 31 TexReg 515; amended to be effective August 16, 2012, 37 TexReg 6049; amended to be effective July 1, 2021, 46 TexReg 3924 |
