<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §122.503Application Revisions for Changes at a Site

(a) The permit holder shall submit an application for a new authorization to operate to the executive director for the following activities at a site:

  (1) a change in any applicability determination or the basis of any determination in the general operating permit application; or

  (2) a change in the permit identification of ownership or operational control of a site where the executive director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the old and new permit holder is maintained with the permit.

(b) The application for a general operating permit under this subsection shall contain at a minimum the following:

  (1) a description of each change;

  (2) a description of the emission unit affected;

  (3) any changes in the applicability determinations;

  (4) any changes in the bases of the applicability determinations;

  (5) the provisional terms and conditions as defined in §122.10 of this title (relating to General Definitions);

  (6) a statement that the emission units qualify for the general operating permit; and

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

(c) If the following requirements are met, the change may be operated before a new authorization to operate is granted by the executive director except changes to deviation limits as defined in §122.10 of this title:

  (1) the permit holder complies with the following:

    (A) Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) and Chapter 106 of this title (relating to Permits by Rule), as applicable;

    (B) all applicable requirements;

    (C) all state-only requirements; and

    (D) the provisional terms and conditions as defined in §122.10 of this title;

  (2) the permit holder submits to the executive director the application before the change is operated;

  (3) the permit holder maintains, with the authorization to operate under the general operating permit the application until the executive director grants a new authorization to operate; and

  (4) the permit holder operates under the representations in the general operating permit application, as specified in §122.140 of this title (relating to Representations in Application).

(d) The permit holder need not comply with the representations in the application that have been replaced by provisional terms and conditions before the granting of a v new authorization to operate.

(e) In every case, the applicable requirements and state-only requirements are always enforceable.

(f) The executive director shall grant a request for authorization to operate under a general operating permit to applicants who qualify.

(g) If the emission units addressed in the application no longer meet the requirements for a general operating permit, the permit holder must submit a complete application for another operating permit.

(h) If it is later determined that the permit holder does not qualify for a revision applied for under this section, the permit holder may be subject to enforcement action for operation without a permit.

Source Note: The provisions of this §122.503 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective December 11, 2002, 27 TexReg 11580; amended to be effective November 22, 2018, 43 TexReg 7548

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page