| (a) If the applicability determinations or the bases
for the determinations in the general operating permit application
change due to the promulgation or adoption of an applicable requirement
or state-only requirement or the revision or rescission of a general
operating permit issued by the executive director, the following requirements
apply.
(1) The permit holder shall submit an application for
a new authorization to operate containing at a minimum the following
information:
(A) a description of the emission unit affected;
(B) any changes in the applicability determinations;
(C) the basis of each determination identified under
subparagraph (B) of this paragraph;
(D) the provisional terms and conditions as defined
in §122.10 of this title (relating to General Definitions);
(E) a statement that the emission units qualify for
the general operating permit; and
(F) certification in accordance with §122.165
of this title (relating to Certification by a Responsible Official).
(2) The permit holder shall comply 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.
(3) If the application is required as the result of
the promulgation or adoption of an applicable requirement or state-only
requirement, the permit holder shall do the following:
(A) record the information required in paragraph (1)(A)
- (E) of this subsection before the compliance date of the new applicable
requirement or state-only requirement or effective date of the repealed
applicable requirement or state-only requirement;
(B) submit an application for a new authorization to
operate no later than 90 days after the compliance date of the new
applicable requirement or state-only requirement or effective date
of the repealed applicable requirement or state-only requirement;
and
(C) maintain the information required in paragraph
(1)(A) - (E) of this subsection with the authorization to operate
until a new authorization is granted.
(4) If the application is required as the result of
the revision of a general operating permit that is not based on a
change in an applicable requirement or state-only requirement, the
permit holder shall do the following:
(A) submit the application no later than 90 days after
the issuance of the general operating permit; and
(B) maintain the application with the authorization
to operate until the general operating permit is revised.
(5) If the application is required as the result of
a revision of a general operating permit to add periodic monitoring
or compliance assurance monitoring requirements, the following requirements
apply.
(A) The application shall include, at a minimum, the
following:
(i) the identification of the emission unit;
(ii) the emission limitation or standard subject to
compliance assurance monitoring (CAM) or periodic monitoring;
(iii) an appropriate monitoring option provided in
the general operating permit;
(iv) if not defined by the monitoring option selected,
a deviation limit;
(v) a justification for any deviation limit proposed
under clause (iv) of this subparagraph in accordance with subparagraph
(B) or (C) of this paragraph; and
(vi) any information required by the executive director
to evaluate the requirements.
(B) Proposed CAM options specified in the application
shall be designed to provide reasonable assurance of compliance with
the applicable requirements and reflect proper operation and maintenance
of the control device.
(C) Proposed periodic monitoring options specified
in the application shall be 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.
(D) The permit holder shall provide justification for
any deviation limit according to one of the following.
(i) The permit holder shall submit the following performance
test data:
(I) control device operating parameter data from an
applicable performance test conducted under conditions specified by
the applicable rule;
(II) if the applicable rule does not specify testing
conditions or only partially specifies testing conditions, control
device operating parameter data from an applicable performance test
conducted under conditions representative of maximum emissions potential
under anticipated operating conditions at the emission unit; and
(III) a statement that no changes to the emission unit,
including control device, have taken place that could result in a
significant change in the control system performance, indicators (such
as emissions, control device parameters, process parameters, or inspection
and maintenance activities) to be monitored, or deviation limits since
the performance test was conducted.
(ii) The permit holder shall submit manufacturer's
recommendations, engineering calculations, and/or historical data.
(E) The executive director will not grant a request
for a new authorization to operate under a general operating permit
if the deviation limits have been deemed unacceptable. In such case,
revised justification for deviation limits under subparagraph (D)
of this paragraph shall be submitted for approval.
(F) Unless otherwise approved by the executive director,
if a continuous emission monitoring system (CEMS), continuous opacity
monitoring system (COMS), or predictive emission monitoring system
(PEMS) is required by an applicable requirement, the permit holder
shall submit a monitoring option from the general operating permit
that includes the use of the CEMS, COMS, or PEMS to satisfy the requirements
of this subchapter.
(G) The permit holder shall begin operation of the
monitoring no later than 180 days after the issuance of the revised
general operating permit.
(b) The permit holder need not reapply for a revised
general operating permit, provided the following:
(1) the emission units addressed in the application
qualify for the revised general operating permit;
(2) the applicability determinations remain unchanged;
and
(3) the basis for each applicability determination
remain unchanged.
(c) If a general operating permit is rescinded and
not replaced, the authorization to operate under the general operating
permit is revoked. The permit holder must apply for another operating
permit no later than the date the general operating permit is rescinded.
(d) If as a result of the revision of a general operating
permit the permit holder no longer qualifies for the general operating
permit, the permit holder must apply for another operating permit
no later than the date of issuance of the revised general operating
permit.
(e) Those representations in the application not affected
by the revision of a general operating permit remain conditions under
which the permit holder shall operate.
(f) In every case, the applicable requirements and
state-only requirements are always enforceable.
(g) The permit holder need not comply with the representations
in the application or the terms and conditions codified in the general
operating permit that have been replaced by provisional terms and
conditions before the granting of a new authorization to operate.
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| Source Note: The provisions of this §122.504 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 |
