| (a) In order to be granted a permit renewal, the permit holder
shall submit information in support of the application which demonstrates
that:
(1) dockside vessel emissions associated with the facility
will comply with all rules and regulations of the commission and with the
intent of the TCAA, including protection of the health and property of the
public and minimization of emissions to the extent possible, consistent with
good air pollution practices.
(2) the facility is being operated in accordance with all requirements
and conditions of the existing permit, including representations in the application
for permit to construct and subsequent amendments, and any previously granted
renewal, unless otherwise authorized for a qualified facility;
(3) the facility meets the requirements of any applicable New
Source Performance Standards as listed under Title 40 Code of Federal Regulations
(CFR) Part 60, promulgated by the EPA under the authority of the FCAA, §111,
as amended;
(4) the facility meets the requirements of any applicable emission
standard for hazardous air pollutants as listed under Title 40 CFR Part 61,
promulgated by EPA under the authority of the FCAA, §112, as amended;
and
(5) the facility meets the requirements of any applicable maximum
achievable control technology standard as listed under 40 CFR Part 63, promulgated
by the EPA under FCAA, §112 or as listed under Chapter 113, Subchapter
C of this title (relating to National Emissions Standards for Hazardous Air
Pollutants for Source Categories (FCAA §112, 40 CFR 63)).
(6) the facility meets the requirements of Subchapter C of
this chapter (relating to Hazardous Air Pollutants: Regulations Governing
Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part
63)).
(b) In addition to the requirements in subsection (a) of this
section, if the commission determines it necessary to avoid a condition of
air pollution or to ensure compliance with otherwise applicable federal or
state air quality control requirements, then:
(1) the applicant may be required to submit additional information
regarding the emissions from the facility and their impacts on the surrounding
area; and
(2) the commission shall impose as a condition for renewal
only those requirements the executive director determines to be economically
reasonable and technically practicable considering the age of the facility
and the impact of its emissions on the surrounding area.
(c) A compliance history review must be conducted in accordance
with Chapter 60 of this title (relating to Compliance History).
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