|(a) Permits issued to facilities submitting applications under §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) may
contain general and special conditions. The holders of a permit under this
subchapter shall comply with any and all such conditions.
(b) General conditions. Holders of permits issued to facilities
submitting applications in accordance with §116.917 of this title shall
comply with the following general conditions, regardless of whether they are
specifically stated within the permit document.
(1) Sampling requirements.
(A) If sampling is required, the permit holder shall contact
the commission's Office of Compliance and Enforcement prior to sampling to
obtain the proper data forms and procedures.
(B) All sampling and testing procedures must be approved by
the executive director and coordinated with the regional representatives of
(C) The permit holder is also responsible for providing sampling
facilities and conducting the sampling operations or contracting with an independent
(2) Equivalency of methods. The permit holder must 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 permit. Alternative methods
shall 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.
(3) Recordkeeping. The permit holder shall:
(A) maintain a copy of the permit along with records containing
the information and data sufficient to demonstrate compliance with the permit,
including production records and operating hours;
(B) keep all required records in a file at the plant site.
If, however, the facility normally operates unattended, records shall be maintained
at the nearest staffed location within the State of Texas specified in the
(C) make the records available at the request of personnel
from the commission or any air pollution control program having jurisdiction;
(D) comply with any additional recordkeeping requirements specified
in special conditions attached to the permit; and
(E) retain information in the file for at least two years following
the date that the information or data is obtained.
(4) Maximum allowable emission rates. The total emissions of
air contaminants from any of the sources of emissions must not exceed the
values stated on the table attached to the permit entitled "Emission Sources--Maximum
Allowable Emission Rates."
(5) Maintenance of emission control. The permitted facilities
shall 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. The permit holder shall provide notification for
upset and maintenance in accordance with §101.6 and §101.7 of this
title (relating to Upset Reporting and Recordkeeping Requirements; and Maintenance,
Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements).
(6) Compliance with rules.
(A) Acceptance of a permit by an applicant constitutes an acknowledgment
and agreement that the permit holder will comply with all rules, regulations,
and orders of the commission issued in conformity with the TCAA and the conditions
precedent to the granting of the permit.
(B) If more than one state or federal rule or regulation or
permit condition are applicable, the most stringent limit or condition shall
govern and be the standard by which compliance shall be demonstrated.
(C) 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 permit.
(c) Special conditions. The holders of permits issued under
this subchapter shall comply with all special conditions contained in the
(1) Special conditions may be attached to a permit that are
more restrictive than the requirements of this title.
(2) Special condition for written approval.
(A) The executive director may require as a special condition
that the permit holder obtain written approval before constructing a source
(i) a standard permit in accordance with Subchapter F of this
chapter (relating to Standard Permits); or
(ii) a permit by rule under Chapter 106 of this title (relating
to Permits by Rule).
(B) Such written approval may be required if the executive
director specifically finds that an increase of a particular pollutant could
(i) result in a significant impact on the air environment;
(ii) cause the facility to become subject to review under:
(I) Subchapter C of this chapter (relating to Hazardous Air
Pollutants: Regulations Governing Constructed or Reconstructed Major Sources
(FCAA, Section 112(g), 40 CFR Part 63)); or
(II) the provisions in Subchapter B, Division 5 of this chapter
(relating to Nonattainment Review) and Subchapter B, Division 6 of this chapter
(relating to Prevention of Significant Deterioration Review).