In order to be granted a flexible permit or flexible permit
amendment, the owner or operator of the proposed facility shall submit
a permit application which must include:
(1) a completed Form PI-1 General Application signed
by an authorized representative of the applicant. All additional support
information specified on the form must be provided before the application
(2) information which demonstrates that emissions from
the facility, including any associated dockside vessel emissions,
meet all of the following:
(A) Protection of public health and welfare.
(i) The emissions from the proposed facility, group
of facilities, or account as determined under §116.716 of this
title (relating to Emission Caps and Individual Emission Limitations),
will comply with all applicable rules of the commission and with the
intent of the Texas Clean Air Act, including protection of the health
and physical property of the people.
(ii) In considering the issuance of a flexible permit
for construction or modification of any facility, group of facilities,
or account within 3,000 feet or less of an elementary, junior high/middle,
or senior high school, the commission shall consider any possible
adverse short-term or long-term side effects that an air contaminant
or nuisance odor from the facility, group of facilities, or account
may have on the individuals attending these school facilities.
(B) Measurement of emissions. The proposed facility,
group of facilities, or account will have provisions for measuring
the emission of air contaminants as determined by the executive director.
This may include the installation of sampling ports on exhaust stacks
and construction of sampling platforms in accordance with guidelines
in the "Texas Commission on Environmental Quality Sampling Procedures
(C) Best available control technology (BACT).
(i) All facilities authorized by the flexible permit
shall utilize BACT consistent with the following:
(I) All new facilities must utilize BACT.
(II) Existing facilities must utilize BACT with consideration
given to the technical practicability and economic reasonableness
of reducing or eliminating the emissions. Control technology that
is more stringent than BACT may be used on certain facilities to provide
the emission reductions necessary to comply with this requirement
on a group of existing facilities, provided however, that the existing
level of control may not be lessened for any facility from its current
(ii) For pollutants from new or modified facilities
that constitute a new major stationary source or major modification
as defined by §116.12 of this title (relating to Nonattainment
and Prevention of Significant Deterioration Review Definitions), control
technology shall be demonstrated as required by §§116.150,
116.151, or 116.160 of this title (relating to New Major Source or
Major Modification in Ozone Nonattainment Areas; New Major Source
or Major Modification in Nonattainment Area Other Than Ozone; and
Prevention of Significant Deterioration Requirements, respectively),
as applicable, for each new or modified facility.
(iii) For new facilities and proposed affected sources
(as defined in §116.15(1) of this title (relating to Section
112(g) Definitions)) subject to Subchapter E of this chapter (relating
to Hazardous Air Pollutants: Regulations Governing Constructed or
Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)),
the use of BACT shall be demonstrated for the individual facility
or affected source.
(D) New Source Performance Standards (NSPS). The emissions
from each affected facility as defined in 40 Code of Federal Regulations
(CFR), Part 60 will meet at least the requirements of any applicable
NSPS as listed under Title 40 CFR Part 60, promulgated by the United
States Environmental Protection Agency under authority granted under
the Federal Clean Air Act, §111, as amended.
(E) National Emission Standards for Hazardous Air Pollutants
(NESHAPS). The emissions from each facility subject to 40 CFR Part
61 will meet at least the requirements of any applicable NESHAPS,
as listed under 40 CFR Part 61, promulgated by EPA under authority
granted under the FCAA, §112, as amended.
(F) NESHAPS for source categories. The emissions from
each affected facility shall meet at least the requirements of any
applicable maximum achievable control technology (MACT) standard as
listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §112
or as listed under Chapter 113, Subchapter C of this title (relating
to National Emissions Standards for Hazardous Air Pollutants for Source
Categories (FCAA, §112, 40 CFR Part 63)).
(G) Performance demonstration. The proposed facility,
group of facilities, or account will achieve the performance specified
in the flexible permit application. The applicant may be required
to submit additional engineering data after a flexible permit has
been issued in order to demonstrate further that the proposed facility,
group of facilities, or account will achieve the performance specified
in the flexible permit. In addition, initial compliance testing with
ongoing compliance determined through engineering calculations based
on measured process variables, parametric or predictive monitoring,
stack monitoring, or stack testing shall be required as specified
in each flexible permit.
(H) Nonattainment review. If the proposed facility,
group of facilities, or account is located in a nonattainment area,
each facility shall comply with all applicable requirements concerning
nonattainment review in this chapter.
(I) Prevention of Significant Deterioration (PSD) review.
If the proposed facility, group of facilities, or account is located
in an attainment area, each facility shall comply with all applicable
requirements in this chapter concerning PSD review.
(J) Air dispersion modeling or ambient monitoring.
Computerized air dispersion modeling or ambient monitoring may be
required by the commission's Air Permits Division to determine the
air quality impacts from the facility, group of facilities, or account.
In conducting a review of a permit application for a shipbuilding
or ship repair operation, the commission will not require and may
not consider air dispersion modeling results predicting ambient concentrations
of non-criteria air contaminants over coastal waters of the state.
The commission shall determine compliance with non-criteria ambient
air contaminant standards and guidelines at land-based off-property
(K) Federal standards of review for constructed or
reconstructed major sources of hazardous air pollutants. If the proposed
source is an affected source (as defined in §116.15(1) of this
title), it shall comply with all applicable requirements under Subchapter
E of this chapter.
(L) Mass cap and trade allocations. If subject to Chapter
101, Subchapter H, Division 3 of this title (relating to Mass Emissions
Cap and Trade Program) the proposed facility, group of facilities,
or account must obtain allocations to operate.
(M) Application content. In addition to other requirements
of this chapter, the applicant shall:
(i) identify each air contaminant for which an emission
cap is desired;
(ii) identify each facility to be included in the flexible
(iii) identify each source of emissions to be included
in the flexible permit and for each source of emissions identify the
Emission Point Number (EPN) and the air contaminants emitted;
(iv) for each emission cap, identify all associated
EPNs and facilities (including description, common name, and facility
identification number) and provide emission rate calculations based
on the expected maximum capacity and the proposed control technology;
(v) for each individual emission limitation, identify
the EPN and provide emission rate calculations based on the expected
maximum capacity and the proposed control technology; and
(vi) if the flexible permit application includes facilities
currently authorized by a permit issued under Subchapter B of this
chapter (relating to New Source Review Permits), the applicant shall
identify any terms, conditions, and representations in the Subchapter
B permit or permits which will be superseded by or incorporated into
the flexible permit. The applicant shall include an analysis of how
the conditions and control requirements of Subchapter B permits will
be carried forward in the proposed flexible permit.
(N) Proposed control technology and compliance demonstration.
The applicant shall specify the control technology proposed for each
facility and demonstrate compliance with all emission caps at expected
maximum production capacity.
|Source Note: The provisions of this §116.711 adopted to be effective December 8, 1994, 19 TexReg 9360; amended to be effective July 8, 1998, 23 TexReg 6973; amended to be effective March 29, 2001, 26 TexReg 2398; amended to be effective September 12, 2002, 27 TexReg 8546; amended to be effective January 6, 2011, 35 TexReg 11909; amended to be effective July 31, 2014, 39 TexReg 5777