|(a) Flexible permit. A person may obtain a flexible
permit which allows for physical or operational changes as provided
by this subchapter as an alternative to obtaining a new source review
permit under §116.110 of this title (relating to Applicability),
or in lieu of amending an existing permit under §116.116 of this
title (relating to Changes to Facilities). A person may obtain a flexible
permit under §116.711 of this title (relating to Flexible Permit
Application) for a facility, group of facilities, or account before
any actual work is begun, except as provided in §116.118 of this
title (relating to Construction While Permit Amendment Application
Pending), provided however:
(1) only one flexible permit may be issued for an account;
(2) modifications to existing facilities included in
a flexible permit may be authorized by the amendment of an existing
(3) a new facility may be authorized by the amendment
of an existing flexible permit; and
(4) a flexible permit may not cover facilities at more
than one account.
(b) Change in ownership. The new owner of a facility,
group of facilities, or account shall comply with §116.110(e)
of this title, provided however, that all facilities authorized by
a flexible permit must change ownership at the same time and to the
same person, or both the new owner and existing permit holder must
obtain a permit alteration allocating the emission caps or individual
emission limitation prior to the transfer of the permit by the commission.
After the sale of a facility, or facilities, but prior to the transfer
of a permit requiring a permit alteration, the original permit holder
remains responsible for ensuring compliance with the existing flexible
permit and all rules and regulations of the commission.
(c) Submittal under seal of Texas licensed professional
engineer. All applications for a flexible permit or flexible permit
amendment shall comply with §116.110(f) of this title.
(d) Responsibility for flexible permit application.
The owner of the facility, group of facilities, or account or the
operator of the facility, group of facilities, or account who is authorized
to act for the owner is responsible for complying with this section,
except as provided by subsection (b) of this section.
|Source Note: The provisions of this §116.710 adopted to be effective December 8, 1994, 19 TexReg 9360; amended to be effective July 8, 1998, 23 TexReg 6973; amended to be effective September 4, 2000, 25 TexReg 8668; amended to be effective January 6, 2011, 35 TexReg 11909; amended to be effective July 31, 2014, 39 TexReg 5777; amended to be effective August 6, 2020, 45 TexReg 5351