(D) for facilities in SIC code 4911 (Electric Services),
five years after the effective date of this section;
(E) for facilities in SIC codes 1311 (Crude Petroleum
and Natural Gas), 1321 (Natural Gas Liquids), 4612 (Crude Petroleum
Pipelines), 4613 (Refined Petroleum Pipelines), 4922 (Natural Gas
Transmission), 4923 (Natural Gas Transmission and Distribution), six
years after the effective date of this section; and
(F) for all other facilities, seven years after the
effective date of this section.
(2) an owner or operator who filed an application listed
in paragraph (1) of this subsection has provided prompt response for
any requests by the executive director for information regarding that
application.
(i) The affirmative defense in subsection (h) of this
section will expire upon the earlier of one year after the application
deadlines in subsection (h)(1)(A) and (C) - (F) of this section, or
the issuance or denial of a permit applied for under subsection (h)(1)(A)
and (C) - (F) of this section, or voidance of an application filed
under subsection (h)(1)(A) and (C) - (F) of this section. The affirmative
defense in subsection (h) of this section will expire upon the earlier
of two years after the application deadline in subsection (h)(1)(B)
of this section or the issuance or denial of a permit applied for
under subsection (h)(1)(B) of this section, or voidance of an application
filed under subsection (h)(1)(B) of this section. If the permit application
remains pending after the affirmative defense expires, the commission
will use enforcement discretion for all claims in enforcement actions
brought for excess emissions from planned maintenance, startup, or
shutdown activities, other than claims for administrative technical
orders and actions for injunctive relief for which the owner or operator
proves the criteria in subsections (c) and (e) of this section, until
the issuance or denial of a permit applied for under subsection (h)(1)
of this section, or voidance of an application filed under subsection
(h)(1) of this section.
(j) The executive director shall process permit applications
referenced in subsection (h) of this section in accordance with the
schedule set out in §116.114 of this title (relating to Application
Review Schedule).
(k) Federal court jurisdiction. Subsections (b) - (e)
of this section are not intended to limit a federal court's jurisdiction
or discretion to determine the appropriate remedy in an enforcement
action.
(l) Delayed applicability. Subsection (k) of this section
does not apply until all appeals regarding the United States Environmental
Protection Agency's rulemaking entitled "State Implementation Plans:
Response to Petition for Rulemaking; Restatement and Update of EPA's
SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy;
and SIP Calls To Amend Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction," published in the Federal Register on June 12, 2015, (SIP
Call) as it applies to subsections (b) - (e) of this section, have
ended, and there is a final and nonappealable court decision that
upholds the SIP Call.
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Source Note: The provisions of this §101.222 adopted to be effective September 12, 2002, 27 TexReg 8499; amended to be effective January 8, 2004, 29 TexReg 118; amended to be effective June 23, 2005, 30 TexReg 3593; amended to be effective January 5, 2006, 30 TexReg 8884; amended to be effective November 24, 2016, 41 TexReg 9142 |