| (a) The plant-wide applicability limit (PAL) will impose
an annual emission limitation in tons per year, that is enforceable
for all facilities, or emissions units at a major stationary source,
that emit the PAL pollutant. For each month during the PAL effective
period after the first 12 months of establishing a PAL, the major
stationary source owner or operator shall demonstrate that the sum
of the monthly emissions from each facility under the PAL for the
previous 12 consecutive months is less than the PAL (a 12-month average,
rolled monthly). For each month during the first 11 months from the
PAL effective date, the major stationary source owner or operator
shall demonstrate that the sum of the preceding monthly emissions
from the PAL effective date for each facility under the PAL is less
than the PAL. Each PAL must include emissions of only one pollutant.
The PAL must include all emissions, including fugitive emissions,
to the extent quantifiable, from all facilities or emissions units
at a major stationary source included in the PAL that emit or have
the potential to emit the PAL pollutant.
(b) The following general conditions are applicable
to every PAL permit.
(1) Applicability. This section does not authorize
any facility to emit air pollutants but establishes an annual emissions
level below which new and modified facilities, or emissions units
at a major stationary source, will not be subject to major new source
review for that pollutant.
(2) Sampling requirements. If sampling of stacks or
process vents is required, the PAL permit holder shall contact the
commission's Office of Compliance and Enforcement prior to sampling
to obtain the proper data forms and procedures. All sampling and testing
procedures must be approved by the executive director and coordinated
with the appropriate regional office of the commission. The PAL permit
holder is also responsible for providing sampling facilities and conducting
the sampling operations or contracting with an independent sampling
consultant.
(3) Equivalency of methods. The permit holder shall
demonstrate the equivalency of emission control methods, sampling
or other emission testing methods, and monitoring methods proposed
as alternatives to methods indicated in the conditions of the PAL
permit. Alternative methods must be applied for in writing and must
be reviewed and approved by the executive director prior to their
use in fulfilling any requirements of the permit.
(4) Recordkeeping and reporting.
(A) A copy of the PAL permit along with information
and data sufficient to demonstrate continuous compliance with the
emission caps contained in the PAL permit must be maintained in a
file at the plant site and made available at the request of personnel
from the commission or any air pollution control program having jurisdiction.
For facilities that normally operate unattended, this information
must be maintained at the nearest staffed location within Texas specified
by the permit holder in the permit application. This information must
include, but is not limited to, emission cap and individual emission
limitation calculations based on a 12-month rolling basis and production
records and operating hours. Additional recordkeeping requirements
may be specified in special conditions attached to the PAL permit.
(B) The owner or operator shall retain a copy of the
PAL permit application and any applications for revisions to the PAL,
each annual certification of compliance under §122.146 of this
title (relating to Compliance Certification Terms and Conditions),
and the data relied on in certifying the compliance for the duration
of the PAL plus five years.
(C) A semiannual report shall be submitted to the executive
director within 30 days of the end of each reporting period that contains:
(i) the identification of owner and operator and the
permit number;
(ii) total annual emissions (in tons per year) based
on a 12-month rolling total for each month in the reporting period;
(iii) all data relied upon, including, but not limited
to, any quality assurance or quality control data, in calculating
the monthly and annual PAL pollutant emissions;
(iv) a list of any facility modified or added to the
major stationary source during the preceding six-month period;
(v) the number, duration, and cause of any deviations
or monitoring malfunctions (other than the time associated with zero
and span calibration checks), and any corrective action taken. This
may be satisfied by referencing the PAL permit number in the semiannual
report for the site submitted under §122.145 of this title (relating
to Reporting Terms and Conditions);
(vi) a notification of a shutdown of any monitoring
system, whether the shutdown was permanent or temporary, the reason
for the shutdown, the anticipated date that the monitoring system
will be fully operational or replaced with another monitoring system,
and whether the emissions unit monitored by the monitoring system
continued to operate, and the calculation of the emissions of the
pollutant or the number determined by method included in the permit;
and
(vii) a signed statement by the responsible official,
as defined in §122.10 of this title (relating to General Definitions),
certifying the truth, accuracy, and completeness of the information
provided in the report.
(D) The owner or operator shall submit the results
of any revalidation test or method to the executive director within
three months after completion of such test or method.
(5) Maintenance of emission control. The facilities
covered by the PAL permit will not be operated unless all air pollution
emission capture and abatement equipment is maintained in good working
order and operating properly during normal facility operations.
(6) Compliance with rules. Acceptance of a PAL permit
by a permit applicant constitutes an acknowledgment and agreement
that the holder will comply with all rules and orders of the commission
issued in conformity with the Texas Clean Air Act and the conditions
precedent to the granting of the permit. If more than one state or
federal rule or PAL permit condition is applicable, the most stringent
limit or condition will govern and be the standard by which compliance
must be demonstrated. Acceptance includes consent to the entrance
of commission employees and agents into the permitted premises at
reasonable times to investigate conditions relating to the emission
or concentration of air contaminants, including compliance with the
PAL permit.
(7) Effective period. A PAL is effective for ten years.
(8) Absence of monitoring data. A source owner or operator
shall record and report maximum potential emissions without considering
enforceable emission limitations or operational restrictions for a
facility during any period of time that there is no monitoring data,
unless another method for determining emissions during such periods
is specified in the PAL permit special conditions.
(9) Monitoring system requirements. Failure to use
a monitoring system that meets the requirements of this section renders
the PAL permit invalid.
(10) Revalidation. All data used to establish the PAL
pollutant must be revalidated through performance testing or other
scientifically valid means approved by the executive director. Such
testing must occur at least once every five years after issuance of
the PAL.
(11) Renewal. If a PAL renewal application is submitted
to the executive director in accordance with §116.196 of this
title (relating to Renewal of a Plant-wide Applicability Limit Permit),
the PAL shall not expire at the end of the PAL effective period. It
shall remain in effect until a renewed PAL permit is issued by the
executive director or the application is voided.
(c) Each PAL permit must include special conditions
that satisfy the following requirements.
(1) For the purposes of this subchapter, the definitions
of the following terms are the same as those provided in 40 Code of
Federal Regulations §51.165.
(A) Continuous emission monitoring system (CEMS).
(B) Continuous emissions rate monitoring system (CERMS).
(C) Continuous parameter monitoring system (CPMS).
(D) Predictive emissions monitoring system (PEMS).
(2) The PAL monitoring system must accurately determine
all emissions of the PAL pollutant in terms of mass per unit of time.
Any monitoring system authorized for use in the PAL permit must be
based on sound science and meet generally acceptable scientific procedures
for data quality and manipulation.
(3) The PAL monitoring system must employ one or more
of the general monitoring approaches meeting the minimum requirements
as described in subparagraphs (A) - (D) of this paragraph.
(A) An owner or operator using mass balance calculations
to monitor PAL pollutant emissions from activities using coating or
solvents shall meet the following requirements:
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