| (C) For allowable emissions for individual compounds,
any interchange shall adjust the emission rates for the different
compounds in accordance with the ratio of the effects screening levels
of the compounds. The effects screening level shall be determined
by the executive director.
(D) For allowable emissions for air contaminant categories,
interchanges shall use the unadjusted emission rates for the different
compounds.
(E) The facility owner or operator shall demonstrate
that the change will not adversely affect ambient air quality.
(F) An air contaminant category is a group of related
compounds, such as volatile organic compounds, particulate matter,
nitrogen oxides, and sulfur compounds.
(6) Persons making changes to qualified facilities
under this subsection shall comply with the applicable requirements
of §116.117 of this title (relating to Documentation and Notification
of Changes to Qualified Facilities).
(7) As used in this subsection, the term "physical
and operational change" does not include:
(A) construction of a new facility; or
(B) changes to procedures regarding monitoring, determination
of emissions, and recordkeeping that are required by a permit.
(8) Additional air pollution control methods may be
implemented for the purpose of making a facility a qualified facility.
The implementation of any additional control methods to qualify a
facility shall be subject to the requirements of this chapter. The
owner or operator shall:
(A) utilize additional control methods that are as
effective as BACT required at the time the additional control methods
are implemented; or
(B) demonstrate that the additional control methods,
although not as effective as BACT, were implemented to comply with
a law, rule, order, permit, or implemented to resolve a documented
citizen complaint.
(9) For purposes of this subsection and §116.117
of this title, the following subparagraphs apply.
(A) Intraplant trading means the consideration of decreases
in allowable and actual emissions from other qualified facilities
in accordance with paragraph (4) of this subsection.
(B) The allowable emissions from facilities that were
never constructed shall not be used in intraplant trading.
(C) The decreases in allowable and actual emissions
shall be based on emission rates for the same time periods (e.g.,
hourly and 12-month rolling average) as the allowable emissions for
the facility at which the change will occur and for which an intraplant
trade is desired.
(D) Actual emissions shall be based on data that is
representative of the emissions actually achieved from a facility
during the relevant time period (e.g., hourly or 12-month rolling
average).
(10) The existing level of control may not be lessened
for a qualified facility.
(11) A separate netting analysis shall be performed
for each proposed change under this subsection.
(f) Use of credits. Regardless of any other subsection
of this section, discrete emission reduction credits may be used to
exceed permit allowables as described in §101.376(b) of this
title (relating to Discrete Emission Credit Use) if all applicable
conditions of §101.376 of this title are met. This subsection
does not authorize any physical changes to a facility.
|
| Source Note: The provisions of this §116.116 adopted to be effective July 8, 1998, 23 TexReg 6973; amended to be effective September 23, 1999, 24 TexReg 8296; amended to be effective September 4, 2000, 25 TexReg 8668; amended to be effective October 7, 2010, 35 TexReg 8944; amended to be effective August 6, 2020, 45 TexReg 5351 |
