|(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,
(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
(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
(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