The following general conditions are applicable to holders
of standard permits, but will not necessarily be specifically stated
within the standard permit document.
(1) Protection of public health and welfare. The emissions
from the facility, including dockside vessel emissions, must comply
with all applicable rules and regulations of the commission adopted
under Texas Health and Safety Code, Chapter 382, and with the intent
of the Texas Clean Air Act (TCAA), including protection of health
and property of the public.
(2) Standard permit representations. All representations
with regard to construction plans, operating procedures, pollution
control methods, and maximum emission rates in any registration for
a standard permit become conditions upon which the facility or changes
thereto, must be constructed and operated. It is unlawful for any
person to vary from such representations if the change will affect
that person's right to claim a standard permit under this section.
Any change in condition such that a person is no longer eligible to
claim a standard permit under this section requires proper authorization
under §116.110 of this title (relating to Applicability). Any
changes in representations are subject to the following requirements:
(A) For the addition of a new facility, the owner or
operator shall submit a new registration incorporating existing facilities
with a fee, in accordance with §116.611 and §116.614 of
this title, (relating to Registration to use a Standard Permit and
Standard Permit Fees) prior to commencing construction. If the applicable
standard permit requires public notice, construction of the new facility
or facilities may not commence until the new registration has been
issued by the executive director.
(B) For any change in the method of control of emissions,
a change in the character of the emissions, or an increase in the
discharge of the various emissions, the owner or operator shall submit
written notification to the executive director describing the change(s),
along with the designated fee, no later than 30 days after the change.
(C) For any other change to the representations, the
owner or operator shall submit written notification to the executive
director describing the change(s) no later than 30 days after the
(D) Any facility registered under a standard permit
which contains conditions or procedures for addressing changes to
the registered facility which differ from subparagraphs (A) - (C)
of this paragraph shall comply with the applicable requirements of
the standard permit in place of subparagraphs (A) - (C) of this paragraph.
(3) Standard permit in lieu of permit amendment. All
changes authorized by standard permit to a facility previously permitted
under §116.110 of this title shall be administratively incorporated
into that facility's permit at such time as the permit is amended
(4) Construction progress. Start of construction, construction
interruptions exceeding 45 days, and completion of construction shall
be reported to the appropriate regional office not later than 15 working
days after occurrence of the event, except where a different time
period is specified for a particular standard permit.
(5) Start-up notification.
(A) The appropriate air program regional office of
the commission and any other air pollution control agency having jurisdiction
shall be notified prior to the commencement of operations of the facilities
authorized by a standard permit in such a manner that a representative
of the executive director may be present.
(B) For phased construction, which may involve a series
of units commencing operations at different times, the owner or operator
of the facility shall provide separate notification for the commencement
of operations for each unit.
(C) Prior to beginning operations of the facilities
authorized by the permit, the permit holder shall identify to the
Office of Permitting, Remediation, and Registration, the source or
sources of allowances to be utilized for compliance with Chapter 101,
Subchapter H, Division 3 of this title (relating to Mass Emissions
Cap and Trade Program).
(D) A particular standard permit may modify start-up
(6) Sampling requirements. If sampling of stacks or
process vents is required, the standard permit holder shall contact
the commission's appropriate regional office and any other air pollution
control agency having jurisdiction 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
regional representatives of the commission. The standard permit holder
is also responsible for providing sampling facilities and conducting
the sampling operations or contracting with an independent sampling
(7) Equivalency of methods. The standard permit holder
shall demonstrate or otherwise justify 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 standard 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 standard
(8) Recordkeeping. A copy of the standard permit along
with information and data sufficient to demonstrate applicability
of and compliance with the standard permit shall be maintained in
a file at the plant site and made available at the request of representatives
of the executive director, the United States Environmental Protection
Agency, or any air pollution control agency having jurisdiction. For
facilities that normally operate unattended, this information shall
be maintained at the nearest staffed location within Texas specified
by the standard permit holder in the standard permit registration.
This information must include, but is not limited to, production records
and operating hours. Additional recordkeeping requirements may be
specified in the conditions of the standard permit. Information and
data sufficient to demonstrate applicability of and compliance with
the standard permit must be retained for at least two years following
the date that the information or data is obtained. The copy of the
standard permit must be maintained as a permanent record.
(9) Maintenance of emission control. The facilities
covered by the standard permit may 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.
Notification for emissions events and scheduled maintenance shall
be made in accordance with §101.201 and §101.211 of this
title (relating to Emissions Event Reporting and Recordkeeping Requirements;
and Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping
(10) Compliance with rules. Registration of a standard
permit by a standard permit applicant constitutes an acknowledgment
and agreement that the holder will comply with all rules, regulations,
and orders of the commission issued in conformity with the TCAA and
the conditions precedent to the claiming of the standard permit. If
more than one state or federal rule or regulation or permit condition
are applicable, the most stringent limit or condition shall govern.
Acceptance includes consent to the entrance of commission employees
and designated representatives of any air pollution control agency
having jurisdiction into the permitted premises at reasonable times
to investigate conditions relating to the emission or concentration
of air contaminants, including compliance with the standard permit.
(11) Distance limitations, setbacks, and buffer zones.
Notwithstanding any requirement in any standard permit, if a standard
permit for a facility requires a distance, setback, or buffer from
other property or structures as a condition of the permit, the determination
of whether the distance, setback, or buffer is satisfied shall be
made on the basis of conditions existing at the earlier of:
(A) the date new construction, expansion, or modification
of a facility begins; or
(B) the date any application or notice of intent is
first filed with the commission to obtain approval for the construction
or operation of the facility.
|Source Note: The provisions of this §116.615 adopted to be effective September 1, 1995, 20 TexReg 6324; amended to be effective May 22, 1997, 22 TexReg 4242; amended to be effective July 8, 1998, 23 TexReg 6973; amended to be effective March 29, 2001, 26 TexReg 2398; amended to be effective September 12, 2002, 27 TexReg 8546; amended to be effective March 15, 2007, 32 TexReg 1320; amended to be effective November 22, 2018, 43 TexReg 7540