Texas SIP: 30 TAC 101.231-101.233: Variances of the Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities

Regulatory Text: 
Texas Chapter 101 - General Air Quality Rules

SUBCHAPTER F:  EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES

DIVISION 4:  VARIANCES, §§101.231, 101.232, 101.233

Outline:
§101.231.  Petition for Variance.
§101.232.  Effect of Acceptance of Variance or Permit.
§101.233.  Variance Transfers.


§101.231.  Petition for Variance.
As adopted by TNRCC August 21, 2002, effective September 12, 2002 (G-72).
Approved by EPA March 30, 2005 (70 FR 16129) effective April 29, 2005 (TXd53).

     Any person seeking a variance, amendment of a variance, or extension of a variance issued to that person shall file a petition on a form prepared by the commission.  The form shall be furnished by the commission without charge upon request.  In order to obtain a variance past the date by which compliance is to be achieved, a person must have demonstrated continuous and substantial progress toward compliance before the date of petition.

As adopted by TNRCC August 21, 2002, effective September 12, 2002 (G-72).
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§101.232.  Effect of Acceptance of Variance or Permit.
As adopted by TNRCC August 21, 2002, effective September 12, 2002 (G-72).
Approved by EPA March 30, 2005 (70 FR 16129) effective April 29, 2005 (TXd53).

Acceptance of a variance or a permit constitutes an acknowledgment and agreement that the holder will comply with its terms, and with the rules, regulations, and orders of the commission adopted under the TCAA.

As adopted by TNRCC August 21, 2002, effective September 12, 2002 (G-72).
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§101.233.  Variance Transfers.
As adopted by TNRCC August 21, 2002, effective September 12, 2002 (G-72).
Approved by EPA March 30, 2005 (70 FR 16129) effective April 29, 2005 (TXd53).

     A variance or a permit is granted in person, and does not attach to the realty to which it relates.  A variance cannot be transferred without prior notification to the commission.  If a transfer of ownership of a source covered by a variance is contemplated by the holder of the variance, and the source and characteristics of the emissions will remain unchanged, upon notification, the executive director shall issue an endorsement to the variance reflecting the name of the new owner.  Continuation of emissions by the new owner without prior notification to the commission makes the variance subject to forfeiture.