|(a) The owner or operator of a grandfathered electric
generating facility (EGF) shall apply for a permit to operate that
facility under this subchapter and may apply for permit authorization
to operate certain facilities (identified in §116.911(f) of this
title (relating to Electric Generating Facility Permit Application))
that are located at the same site as a grandfathered EGF.
(b) Owners or operators of electing EGFs opting to
obtain allowances under Chapter 101, Subchapter H, Division 2 of this
title (relating to Emissions Banking and Trading of Allowances), shall
submit a request to alter any related existing New Source Review (NSR)
permits at the time of application for a permit under subsection (a)
of this section. Alterations must be consistent with the requirements
of §116.116(c) of this title (relating to Changes to Facilities).
(c) The owner, or the operator who is authorized to
act for the owner, of a grandfathered or electing EGF is responsible
for complying with this subchapter.
(d) A municipal corporation, electric cooperative,
or river authority may exclude any EGF with a nameplate capacity of
25 megawatts or less from this subchapter. The municipal corporation,
electric cooperative, or river authority must notify the commission
by January 1, 2000, of its intent to exclude those EGFs. If the municipal
corporation, electric cooperative, or river authority reevaluates
its intent to exclude EGFs, it may choose to permit any of those EGFs
consistent with the requirements of this subchapter.
(e) A grandfathered EGF that generates electric energy
primarily for internal use but that during 1997 sold, to a utility
power distribution system, less than one-third of its potential electrical
output capacity, or less than 219,000 megawatt-hours, is not required
to obtain a permit under this subchapter.
|Source Note: The provisions of this §116.910 adopted to be effective January 11, 2000, 25 TexReg 185; amended to be effective June 12, 2002, 27 TexReg 4954; amended to be effective July 1, 2021, 46 TexReg 3924