Texas 30 TAC Chapter 39, Subchapter H, Section 39.402. Applicability to Air Quality Permits and Permit Amendments, SIP effective November 5, 2015 (TXd176)
Regulatory Text:
Texas Commission on Environmental Quality
39 Chapter 39 – Public Notice
39H SUBCHAPTER H : APPLICABILITY AND GENERAL PROVISIONS
39K Section 39.402. Applicability to Air Quality Permits and Permit Amendments.
As approved by EPA October 6, 2015 (80 FR 60295) effective November 5, 2015 (TXd176).
SIP includes 39.402(a)(1)-(a)(6), (a)(8), (a)(11), and (a)(12),
As adopted by TCEQ June 2, 2010 effective June 24, 2010,
Submitted to EPA July 2, 2010 (39-T),
Regulations.gov document EPA-R06-OAR-2010-0283-0004 [TX096.04].
Approved by EPA October 6, 2015 (80 FR 60295) effective November 5, 2015 (TXd176),
Regulations.gov document EPA-R06-OAR-2010-0283-0006 [TX096.06].
Explanation: SIP includes 39.402(a)(1)-(a)(6), (a)(8), (a)(11), and (a)(12).
§39.402. Applicability to Air Quality Permits and Permit Amendments.
(a) As specified in those subchapters, Subchapters H and K of this chapter (relating to Applicability and General Provisions; and Public Notice of Air Quality Permit Applications, respectively) apply to applications for:
(1) new air quality permits under Chapter 116, Subchapter B of this title (relating to New Source Review Permits);
(2) a new major source or a major modification for facilities subject to the requirements of Chapter 116, Subchapter B, Divisions 5 or 6 of this title (relating to New Source Review Permits, Nonattainment Review Permits and Prevention of Significant Deterioration Permits);
(3) air quality permit amendments under Chapter 116, Subchapter B of this title when the amendment involves:
(A) a change in character of emissions or release of an air contaminant not previously authorized under the permit;
(B) a facility not affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the following levels:
(i) 50 tpy of carbon monoxide (CO);
(ii) ten tpy of sulfur dioxide (SO2);
(iii) 0.6 tons per year (tpy) of lead; or
(iv) five tpy of nitrogen oxides (NOx), volatile organic compounds (VOC), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen;
(C) a facility affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following levels:
(i) 250 tpy of CO or NOx;
(ii) 25 tpy of VOC, SO2, PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen;
(iii) a new major stationary source or major modification threshold as defined in §116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions); or
(iv) a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or
(D) other amendments when the executive director determines that:
(i) there is a reasonable likelihood for emissions to impact a nearby sensitive receptor;
(ii) there is a reasonable likelihood of high nuisance potential from the operation of the facilities;
(iii) the application involves a facility in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance History); or
(iv) there is a reasonable likelihood of significant public interest in a proposed activity;
(4) new air quality flexible permits under Chapter 116, Subchapter G of this title (relating to Flexible Permits);
(5) air quality permit amendments to flexible permits under Chapter 116, Subchapter G of this title when the amendment involves:
(A) change in character of emissions or release of an air contaminant not previously authorized under the permit;
(B) a facility not affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the following levels:
(i) 50 tpy of carbon monoxide (CO);
(ii) ten tpy of sulfur dioxide (SO2);
(iii) 0.6 tons per year (tpy) of lead; or
(iv) five tpy of nitrogen oxides (NOx), volatile organic compounds (VOC), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen;
(C) a facility affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following levels:
(i) 250 tpy of CO or NOx;
(ii) 25 tpy of VOC, SO2, PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen;
(iii) a new major stationary source or major modification threshold as defined in §116.12 of this title; or
(iv) a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or
(D) other amendments when the executive director determines that:
(i) there is a reasonable likelihood for emissions to impact a nearby sensitive receptor;
(ii) there is a reasonable likelihood of high nuisance potential from the operation of the facilities;
(iii) the application involves a facility in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title; or
(iv) there is a reasonable likelihood of significant public interest in a proposed activity;
(6) renewal of air quality permits under Chapter 116, Subchapter D of this title (relating to Permit Renewals);
(7) NOT IN SIP
(8) applications for the establishment or renewal of, or an increase in, a plant-wide applicability limit permit under Chapter 116, Subchapter C of this title (relating to Plant-Wide Applicability Limits).
(9) NOT IN SIP
(10) NOT IN SIP
(11) concrete batch plants without enhanced controls authorized by an air quality standard permit adopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; and
(12) change of location or relocation of a portable facility, consistent with the requirements of §116.178 of this title (relating to Relocations and Changes of Location of Portable Facilities).
(b) NOT IN SIP
(c) NOT IN SIP
Adopted by TCEQ June 2, 2010, effective June 24, 2010
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