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RULE §122.143General Terms and Conditions

Unless otherwise specified in the permit, the following general terms and conditions shall become terms and conditions of each permit.

  (1) Compliance with the permit does not relieve the permit holder of the obligation to comply with any other applicable rules, regulations, or orders of the commission, or of the United States Environmental Protection Agency (EPA), except for those requirements addressed by a permit shield.

  (2) The term of the permit shall not exceed five years from the date of initial issuance or renewal of the permit. The authorization to operate under a general operating permit shall not exceed five years from the date the authorization was granted or renewed.

  (3) Consistent with the authority in Texas Health and Safety Code, Chapter 382, Subchapter B (Powers and Duties of Commission), the permit holder shall allow representatives from the commission or the local air pollution control program having jurisdiction to do the following:

    (A) enter upon the permit holder's premises where an emission unit is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

    (B) access and copy any records that must be kept under the conditions of the permit;

    (C) inspect any emission unit, equipment, practices, or operations regulated or required under the permit; and

    (D) sample or monitor substances or parameters for the purpose of assuring compliance with the permit at any time.

  (4) The permit holder shall comply with all terms and conditions codified in the permit and any provisional terms and conditions required to be included with the permit. Except as provided for in paragraph (5) of this section, any noncompliance with either the terms or conditions codified in the permit or the provisional terms and conditions, if any, constitutes a violation of the Federal Clean Air Act and the Texas Clean Air Act and is grounds for enforcement action; permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. It shall not be a defense in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to comply with the permit terms and conditions of the permit.

  (5) The permit holder need not comply with the original terms and conditions codified in the permit that have been replaced by provisional terms and conditions before issuance or denial of a revision or renewal or before the granting of a new authorization to operate.

  (6) In every case, the applicable requirements and state-only requirements are always enforceable.

  (7) The permit may be reopened for cause and revised or terminated. Permit terms or conditions remain enforceable regardless of the following:

    (A) the filing of a request by the permit holder for a permit revision, reopening, or termination;

    (B) a notification of planned changes or anticipated noncompliance; or

    (C) a notice of intent by the executive director for a permit reopening or termination.

  (8) The executive director may request any information necessary to determine compliance with the permit or whether cause exists for revising, reopening, or terminating the permit. The permit holder shall submit the information no later than 60 days after the request, unless the deadline is extended by the executive director. Upon request, the permit holder shall also furnish to the executive director copies of records required to be kept by the permit, including information claimed to be confidential.

  (9) If a state-only requirement is determined by the commission to be an applicable requirement, the permit holder shall submit an application for a significant permit revision for the incorporation of the requirement into the permit as an applicable requirement. The application shall be submitted no later than 12 months after the determination by the commission that the requirement is an applicable requirement.

  (10) The permit holder shall pay fees to the commission consistent with the fee schedule in §101.27 of this title (relating to Emissions Fees).

  (11) Each portion of the permit is severable. Permit requirements in unchallenged portions of the permit shall remain valid in the event of a challenge to other portions of the permit.

  (12) The permit does not convey any property rights of any sort, or any exclusive privilege.

  (13) A copy of the permit shall be maintained at the location specified in the permit.

  (14) For general operating permits, a copy of the permit, the enforceable general operating permit application, and the authorization to operate shall be maintained at the location specified in the authorization to operate.

  (15) Any report or compliance certification required by a permit to be submitted to the executive director shall contain a certification in accordance with §122.165 of this title (relating to Certification by a Responsible Official).

  (16) Representations in acid rain applications and applicability determinations, and the bases for the determinations in general operating permit applications are conditions under which the permit holder shall operate.

  (17) No emissions from emission units addressed in the permit shall exceed allowances lawfully held under the acid rain program.

  (18) State-only requirements will not be subject to any of the following requirements of this chapter: public notice, affected state review, notice and comment hearings, EPA review, public petition, recordkeeping, six-month monitoring reporting, six-month deviation reporting, compliance certification, or periodic monitoring.

Source Note: The provisions of this §122.143 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 November 22, 2018, 43 TexReg 7548

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