The General Provisions for the National Emission Standards
for Hazardous Air Pollutants for Source Categories as specified in
40 Code of Federal Regulations (CFR) Part 63, Subpart A, are incorporated
by reference as amended through May 23, 2022 (87 FR 31185), with the
following exceptions.
(1) The language of 40 CFR §63.5(e)(2)(i) is amended
to read as follows: The executive director will notify the owner or
operator in writing of approval or intention to deny approval of construction
or reconstruction within 180 calendar days after receipt of sufficient
information to evaluate an application submitted under 40 CFR §63.5(d).
The 180-day approval or denial period will begin after the owner or
operator has been notified in writing that the application is complete.
The executive director will notify the owner or operator in writing
of the status of the application, that is, whether the application
contains sufficient information to make a determination, within 90
calendar days after receipt of the original application and within
60 calendar days after receipt of any supplementary information that
is submitted.
(2) The language of 40 CFR §63.6(i)(12)(i) is
amended to read as follows: The executive director will notify the
owner or operator in writing of approval or intention to deny approval
of a request for an extension of compliance within 60 calendar days
after receipt of sufficient information to evaluate a request submitted
under 40 CFR §63.6(i)(4)(i) or (i)(5). The 60-day approval or
denial period will begin after the owner or operator has been notified
in writing that the application is complete. The executive director
will notify the owner or operator in writing of the status of the
application, that is, whether the application contains sufficient
information to make a determination, within 30 calendar days after
receipt of the original application and within 30 calendar days after
receipt of any supplementary information that is submitted.
(3) The language of 40 CFR §63.6(i)(13)(i) is
amended to read as follows: The executive director will notify the
owner or operator in writing of approval or intention to deny approval
of a request for an extension of compliance within 60 calendar days
after receipt of sufficient information to evaluate a request submitted
under 40 CFR §63.6(i)(4)(ii). The 60-day approval or denial period
will begin after the owner or operator has been notified in writing
that the application is complete. The executive director will notify
the owner or operator in writing of the status of the application,
that is, whether the application contains sufficient information to
make a determination, within 30 calendar days after receipt of the
original application and within 30 calendar days after receipt of
any supplementary information that is submitted.
(4) The language of 40 CFR §63.6(i)(13)(ii) is
amended to read as follows: When notifying the owner or operator that
the application is not complete, the executive director will specify
the information needed to complete the application and provide notice
of opportunity for the applicant to present, in writing, within 30
calendar days after they are notified of the incomplete application,
additional information, or arguments to the executive director to
enable further action on the application.
(5) The language of 40 CFR §63.8(e)(5)(ii) is
amended to read as follows: The owner or operator of an affected source
using a Continuous Opacity Monitoring System (COMS) to determine opacity
compliance during any performance test required under §63.7 and
described in §63.6(d)(6) shall furnish the executive director
two or, upon request, three copies of a written report of the results
of the COMS performance evaluation under this paragraph. The copies
shall be provided at least 30 calendar days before the performance
test required under §63.7 is conducted.
(6) The language of 40 CFR §63.9(i)(3) is amended
to read as follows: If, in the executive director's judgment, an owner
or operator's request for an adjustment to a particular time period
or postmark deadline is warranted, the executive director will approve
the adjustment. The executive director will notify the owner or operator
in writing of approval or disapproval of the request for an adjustment
within 30 calendar days of receiving sufficient information to evaluate
the request.
(7) The language of 40 CFR §63.10(e)(2)(ii) is
amended to read as follows: The owner or operator of an affected source
using a COMS to determine opacity compliance during any performance
test required under §63.7 and described in §63.6(d)(6) shall
furnish the executive director two or, upon request, three copies
of a written report of the results of the COMS performance evaluation
conducted under §63.8(e). The copies shall be furnished at least
30 calendar days before the performance test required under §63.7
is conducted.
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| Source Note: The provisions of this §113.100 adopted to be effective July 16, 1997, 22 TexReg 6451; amended to be effective October 29, 1998, 23 TexReg 10870; amended to be effective July 9, 2000, 25 TexReg 6329; amended to be effective June 15, 2005, 30 TexReg 3410; amended to be effective December 27, 2007, 32 TexReg 9698; amended to be effective August 21, 2013, 38 TexReg 5295; amended to be effective December 29, 2016, 41 TexReg 10352;amended to be effective January 5, 2023, 47 TexReg 9007 |
