Section 122.222 - Operational Flexibility and Off-Permit Changes(a) An owner or operator may make changes at a permitted site without applying for or obtaining a permit revision provided that the following conditions are met: (1) the changes are not modifications under FCAA, Title I;(2) the changes are allowed under FCAA, §502(b)(10);(3) the changes do not exceed the emissions limitation under the permit; and(4) the owner or operator has obtained any applicable preconstruction authorization. Such preconstruction authorization cannot be a modification under FCAA, Title I.(b) When an owner or operator removes a unit from the site, the unit and its applicable requirements and any other associated permit terms and conditions may be removed from the permit when this removal does not result in changes to applicable requirements or permit terms and conditions for remaining units.(c) The owner or operator shall provide the EPA and the executive director written notification for changes to the permit which qualify under this section. The written notification shall be submitted to the executive director and the EPA administrator at least seven days in advance of the proposed changes, except for an emergency. Notice may be provided within two working days of implementation of operational flexibility changes due to an emergency. Such notice shall also include an explanation of the emergency.(d) For those cases where the permit does not already provide for emissions trading, an owner or operator may trade increases and decreases in emissions without applying for or obtaining a permit revision and based on the seven-day notice prescribed in subsection (c) of this section.(e) Upon request, the executive director shall issue permits that contain terms and conditions allowing for the trading of emissions increases and decreases solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements.(f) Written notification shall include the following information: (1) for changes specified in subsections (a) and (b) of this section, a description of the change, the date on which the change is proposed to occur, the emissions resulting from the change, and any permit term or condition that is no longer applicable as a result of the change; or(2) for changes specified in subsection (d) of this section, when the proposed change will occur, a description of each such change, any change in emissions, the permit requirements with which the source will comply using the emissions trading provisions of the SIP, the pollutants emitted subject to the emissions trade, and reference to the provisions in the SIP with which the source will comply and that provide for the emissions trade; or(3) for changes specified in subsection (e) of this section, when the proposed change will occur, a description of the changes in emissions that will result, and how these increases and decreases in emissions will comply with the terms and conditions of the permit; and(4) certification by a responsible official, consistent with § 122.165 of this title (relating to Certification by a Responsible Official), that the proposed change meets the criteria for the use of operational flexibility under this section and a request that such procedures be used.(g) The owner or operator, the executive director, and the EPA shall attach each such notice to their copy of the relevant permit.(h) Changes that qualify under this section are not subject to the public notice, affected state review, notice and comment hearing, EPA review, and public petition requirements for permit revisions.(i) Upon satisfying the requirements of this section, the owner or operator may begin operating the change at the expiration of the time period provided for in subsection (c) of this section.(j) Except as provided in subsection (e) of this section, the permit shield described in § 122.148 of this title (relating to Permit Shield) shall not apply to any change made pursuant to this section.(k) An off-permit change may be made at a site, when the following conditions are met: (1) The change shall meet all applicable requirements and shall not violate any existing permit term or condition;(2) The permittee shall provide written notice to the executive director and the EPA administrator concurrent with each such change, except for changes that qualify as insignificant activities. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change;(3) The change shall not qualify for the permit shield under §122.148; and(4) The permittee shall keep a record of any off-permit changes with the permit.30 Tex. Admin. Code § 122.222
The provisions of this §122.222 adopted to be effective June 3, 2001, 26 TexReg 3747