|(a) Owners or operators of grandfathered or electing
electric generating facilities (EGF) shall submit an application to
authorize nitrogen oxides (NOx ) emissions
and, if applicable, sulfur dioxide (SO2)
and particulate matter (PM) emissions. The application must include
a completed Form PI-1-U, General Application. The Form PI-1-U must
be signed by an authorized representative of the applicant. The Form
PI-1-U specifies additional support information which must be provided
before the application is deemed complete. In order to be granted
an electric generating facility permit (EGFP), the owner or operator
shall submit information to the commission which demonstrates that
all of the following are met.
(1) Measurement of emissions and performance demonstration.
Applicants must propose monitoring and reporting for the measurement
of emissions and demonstration of performance consistent with §116.914
of this title (relating to Emissions Monitoring and Reporting Requirements).
(2) Control method. New control methods proposed in
initial applications must comply with the requirements in §116.617(1),
(3), (4)(A), and (B) and (5) - (9) of this title (relating to Standard
Permit for Pollution Control Projects).
(3) Air dispersion modeling or ambient monitoring for
pollution control projects. Computerized air dispersion modeling and/or
ambient monitoring may be required by the commission's Air Permits
Division where there is an increase in emissions to determine the
air quality impacts from controls proposed under paragraph (2) of
(4) Opacity limitations for coal-fired grandfathered
and electing EGFs. The coal-fired grandfathered and electing EGFs
must meet the opacity limitations of §111.111 of this title (relating
to Requirements for Specified Sources).
(b) Application information for electing EGFs.
(1) In addition to the information required in this
section, EGFP applications regarding electing EGFs shall contain the
(A) documentation of the emissions from the 1997 Emissions
Scorecard from the EPA Acid Rain Program, or if that information is
not available, the actual emissions from that electing EGF for calendar
(B) documentation of fuel consumption, fuel heating
values, and heat input in millions of British thermal units (MMBtu)
for calendar year 1997;
(C) identification of the electing EGFs to be included.
(2) Emissions of air contaminants from electing EGFs
other than NOx , and if applicable, SO2 and PM, already authorized by Chapter 116
of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification), will not be authorized under this
(c) The owner or operator of a grandfathered or electing
EGF must submit an application for a permit under this subchapter
on or before September 1, 2000.
(d) Any grandfathered natural gas-fired EGF for which
a permit application was filed under subsection (a) of this section,
or for which a permit has been obtained in accordance with subsection
(a) of this section, or which is excluded in accordance with §116.910(d)
of this title (relating to Applicability) from the requirement to
submit an application under subsection (a) of this section is considered
permitted for the emissions of all air contaminants from that EGF.
(e) An owner or operator of a grandfathered coal-fired
EGF with a permit issued in accordance with subsection (a) of this
section or with an application pending under subsection (a) of this
section may submit an application for an EGFP in accordance with to §116.917
of this title (relating to Electric Generating Facility Permit Application
for Certain Grandfathered Coal-Fired Electric Generating Facilities
and Certain Grandfathered Facilities Located at Electric Generating
Facility Sites) to authorize the emissions of all criteria pollutants
from the EGF other than NOX , SO2, and PM as it relates to opacity.
(f) An owner or operator of a grandfathered or electing
EGF with a permit application pending under subsection (a) of this
section or a permit issued in accordance with subsection (a) of this
section may submit an application for an EGFP in accordance with §116.917
of this title to also authorize each of the following types of facilities
that are located at the same site as the EGF:
(1) a generator that does not generate electric energy
for compensation and is used not more than 10% of the normal annual
operating schedule; or
(2) an auxiliary fossil-fuel-fired combustion facility
that does not generate electric energy and does not emit more than
100 tons per year of any air contaminant.
(g) Any application submitted in accordance with §116.917
of this title for facilities identified in subsection (e) of this
section must be submitted by September 1, 2003. Any application submitted
in accordance with §116.917 of this title for facilities identified
in subsection (f)(1) or (2) of this section must be submitted by September
(h) Emissions of air contaminants from facilities identified
in subsection (f)(1) or (2) of this section must be included in each
applicable emissions allowance trading program under Chapter 101,
Subchapter H, Division 2 of this title (relating to Emissions Banking
and Trading Allowances). The commission will not issue any new emissions
allowance for the emissions of any air contaminant from such a facility.
(i) All applications for an EGFP shall be submitted
under the seal of a Texas licensed professional engineer if required
by §116.110(e) of this title (relating to Applicability).
|Source Note: The provisions of this §116.911 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