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RULE §122.142Permit Content Requirements

(a) The conditions of the permit shall provide for compliance with the requirements of this chapter.

(b) Each permit issued under this chapter shall contain the information required by this subsection.

  (1) Unless otherwise specified in the permit, each permit shall include the terms and conditions in §§122.143 - 122.146 of this title (relating to General Terms and Conditions; Recordkeeping Terms and Conditions; Reporting Terms and Conditions; and Compliance Certification Terms and Conditions).

  (2) Each permit shall also contain specific terms and conditions for each emission unit regarding the following:

    (A) the generally identified applicable requirements and state-only requirements (e.g., New Source Performance Standards, Subpart Kb);

    (B) the detailed applicability determinations, which include the following:

      (i) the specific regulatory citations in each applicable requirement or state-only requirement identifying the emission limitations and standards; and

      (ii) the monitoring, recordkeeping, reporting, and testing requirements associated with the emission limitations and standards identified under clause (i) of this subparagraph sufficient to ensure compliance with the permit.

  (3) Each permit for which the executive director has not authorized initiation of public notice by June 3, 2001 shall contain any preconstruction authorization that is applicable to emission units at the site.

(c) Each permit shall contain periodic monitoring requirements that are sufficient to yield reliable data from the relevant time period that are representative of the emission unit's compliance with the applicable requirement, and testing, monitoring, reporting, or recordkeeping sufficient to assure compliance with the applicable requirement.

(d) For emission units not in compliance with the applicable requirements at the time of initial permit issuance or renewal, the permit shall contain the following:

  (1) a compliance schedule or a reference to a compliance schedule consistent with §122.132(d)(4)(C) of this title (relating to Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits); and

  (2) a requirement to submit progress reports consistent with §122.132(d)(4)(C) of this title. The progress reports shall include the following information:

    (A) the dates for achieving the activities, milestones, or compliance required in the compliance schedule;

    (B) dates when the activities, milestones, or compliance required in the compliance schedule were achieved; and

    (C) an explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) At the executive director's discretion, and upon request by the applicant, the permit may contain a permit shield for specific emission units.

(f) Where an applicable requirement is more stringent than a requirement under the acid rain program, both requirements shall be incorporated into the permit and shall be enforceable requirements of the permit.

(g) Permits shall contain compliance assurance monitoring in accordance with the schedule specified in 40 Code of Federal Regulations §64.5 (Deadlines for Submittals).

(h) Any compliance assurance monitoring requirements for an emission unit shall satisfy the requirements for periodic monitoring.

Source Note: The provisions of this §122.142 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective February 23, 2017, 42 TexReg 688

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