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RULE §122.132Application and Required Information for Initial Permit Issuance, Reopening, Renewal, or General Operating Permits

(a) A permit application shall provide any information, including confidential information as addressed in Chapter 1 of this title (relating to Purpose of Rules, General Provisions), required by the executive director to determine the applicability of, or to codify, any applicable requirement or state-only requirement.

(b) An application for a general operating permit shall only be required to provide the information necessary to determine qualification for, and to assure compliance with, the general operating permit.

(c) An applicant may submit an abbreviated initial permit application, containing only the information in this section deemed necessary by the executive director. The abbreviated application shall include at a minimum, a general application form containing identifying information regarding the site and the applicant and a certification by a responsible official. The executive director shall inform the applicant in writing of the deadline for submitting the remaining information.

(d) An application shall include, but is not limited to, the following information:

  (1) a general application form and all information requested by that form;

  (2) for each emission unit, information regarding the general applicability determinations, which includes the following:

    (A) the general identification of each potentially applicable requirement and potentially applicable state-only requirement (e.g., New Source Performance Standards Subpart Kb);

    (B) the applicability determination for each requirement identified under subparagraph (A) of this paragraph; and

    (C) the basis for each determination made under subparagraph (B) of this paragraph;

  (3) for each emission unit, information regarding the detailed applicability determinations, which includes the following:

    (A) the specific regulatory citations in each applicable requirement or state-only requirement identifying the following:

      (i) the emission limitations and standards; and

      (ii) the monitoring, recordkeeping, reporting, and testing requirements associated with the emission limitations and standards identified under clause (i) of this subparagraph;

    (B) the basis for each applicability determination identified under subparagraph (A) of this paragraph;

  (4) a compliance plan including the following information:

    (A) the following statement: "As the responsible official it is my intent that all emission units shall continue to be in compliance with all applicable requirements they are currently in compliance with, and all emission units shall be in compliance by the compliance dates with any applicable requirements that become effective during the permit term.";

    (B) for all emission units addressed in the application, an indication of the compliance status with respect to all applicable requirements, based on any compliance method specified in the applicable requirements and any other credible evidence or information;

    (C) for any emission unit not in compliance with the applicable requirements identified in the application, the following information:

      (i) the method used for assessing the compliance status of the emission unit;

      (ii) a narrative description of how the emission unit will come into compliance with all applicable requirements;

      (iii) a compliance schedule (resembling and at least as stringent as any compliance schedule contained in any judicial consent decree or administrative order to which the site is subject), including remedial measures to bring the emission unit into compliance with the applicable requirements; which shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based; and

      (iv) a schedule for the submission, at least every six months after issuance of the permit, of certified progress reports;

    (D) for any emission unit requiring installation, testing, or final verification of operational status of monitoring equipment to satisfy the requirements of compliance assurance monitoring or periodic monitoring, the following information:

      (i) an implementation plan and schedule for installing, testing, and performing any other appropriate activities prior to use of the monitoring; and

      (ii) milestones for completing such installation, testing, or final verification;

  (5) if applicable, information requested by the nationally-standardized forms for the acid rain portions of permit applications, and compliance plans required by the acid rain program;

  (6) if applicable, a statement certifying that a risk management plan, or a schedule to submit a risk management plan has been submitted to the appropriate agency in accordance with Federal Clean Air Act, §112(r)(7) (Prevention of Accidental Releases);

  (7) for applicants requesting a permit shield, any information requested by the executive director in order to determine whether to grant the shield;

  (8) a certification in accordance with §122.165 of this title (relating to Certification by a Responsible Official);

  (9) fugitive emissions from an emission unit shall be included in the permit application and the permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of "Major Source";

  (10) for any application for which the executive director has not authorized initiation of public notice by June 3, 2001, any preconstruction authorizations that are applicable to emission units at the site;

  (11) for emission units subject to compliance assurance monitoring, as specified in §122.604 of this title (relating to Compliance Assurance Monitoring Applicability), information specified in 40 Code of Federal Regulations (CFR) §64.3 (Monitoring Design Criteria); and 40 CFR §64.4 (Submittal Requirements), according to the schedule specified in 40 CFR §64.5 (Deadlines for Submittals); and

  (12) for emission units subject to periodic monitoring, as specified in §122.602 of this title (relating to Periodic Monitoring Applicability), proposed periodic monitoring requirements sufficient to yield reliable data from the relevant time period that are representative of the emission unit's compliance with the applicable requirement, and testing, monitoring, reporting, or recordkeeping sufficient to assure compliance with the applicable requirement, shall be submitted for the following permitting actions:

    (A) permits issued under §122.201 of this title (relating to Initial Permit Issuance);

    (B) permit renewals issued under §122.243 of this title (relating to Permit Renewal Procedures);

    (C) permit reopenings issued under §122.231(a) and (b) of this title (relating to Permit Reopenings);

    (D) significant permit revisions issued under §122.221 of this title (relating to Procedures for Significant Permit Revisions); and

    (E) minor permit revisions issued under §122.217 of this title (relating to Procedures for Minor Permit Revisions).

(e) The executive director shall make a copy of the permit application accessible to the United States Environmental Protection Agency.

(f) An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement; however, any facilities that meet the requirements of §116.119 of this title (relating to De Minimis Facilities or Sources) are not required to be included in applications unless the facilities or sources are subject to an applicable requirement.

Source Note: The provisions of this §122.132 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective February 23, 2017, 42 TexReg 688

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