Section 122.414 - Acid Rain Permit Revisions(a) For the purposes of implementing the procedural requirements of 40 CFR 72, Subpart H (Acid Rain Permit Revisions Procedural Sections), the following sections of Subchapter C of this chapter (relating to Initial Permit Issuances, Revisions, Reopenings, and Renewals) shall be substituted. (1) The provisions of § 122.212 and § 122.213 of this title (relating to Applications for Administrative Permit Revisions and Procedures for Administrative Permit Revisions) shall be used to satisfy the procedural requirements of 40 CFR §72.83(b)(1) and § 72.80(d) for acid rain permit administrative amendments, except that the executive director shall submit the revised portion of the acid rain permit to EPA.(2) The following provisions shall be used to satisfy the procedural requirements of 40 CFR §72.82 for acid rain fast-track modifications with the following restrictions. (A) An application for an acid rain fast-track modification must include, at a minimum, the following: (i) a description of each change;(ii) a description of the emission units affected;(iii) a statement that the change qualifies for a fast-track modification; and(iv) a certification in accordance with § 122.165 of this title (relating to Certification by a Responsible Official).(B) An acid rain permit revision for a fast-track modification may be issued by the executive director provided the following: (i) the changes meet the criteria for a fast-track modification;(ii) the executive director has received an application;(iii) the conditions of the acid rain permit provide for compliance with the requirements of this chapter; and(iv) the requirements of the chapter for public notice as specified in subparagraph (E) of this paragraph, local program notification, affected state review, and EPA review have been satisfied.(C) The designated representative shall:(i) provide a copy of the complete application requesting a fast-track modification to the executive director, the EPA, affected states, and local air pollution control agencies with jurisdiction in the county in which the site is located; and(ii) send a notification, consistent with subparagraph (E) of this paragraph, of the fast-track modification permit application to persons on a mailing list maintained by the chief clerk.(D) Changes for a fast-track modification shall not be operated before the permit is revised.(E) Within five days of submission of the application for a fast-track modification to the executive director, the designated representative shall comply with the public notice requirements in §122.320(b) - (m) of this title (relating to Public Notice) and § 122.322 of this title (relating to Bilingual Public Notice), except for the provisions regarding a request for or notice of a hearing or a public meeting. However, the application rather than the draft permit shall be the subject of public notice. In addition, each newspaper notice shall direct the public to submit comments to both the executive director and to the designated representative.(F) The executive director shall consider the application for a fast-track modification and comments received and provide approval, in whole or in part with changes or conditions as appropriate, or disapproval of the acid rain permit revision within 90 days of the close of the public notice comment period.(3) The provisions of § 122.220 and § 122.221 of this title (relating to Applications for Significant Permit Revisions and Procedures for Significant Permit Revisions) shall be used to satisfy the procedural requirements of 40 CFR §72.81(c) for acid rain permit modifications. However, at the discretion of the executive director, the procedural requirements for §§ 122.320, 122.322, and 122.350 of this title (relating to Public Notice; Bilingual Notice; and EPA Review) may run concurrently.(4) The provisions of § 122.231 of this title (relating to Permit Reopenings) shall be used to satisfy the procedural requirements of 40 CFR §72.85 for acid rain permit reopenings. However, at the discretion of the executive director, the procedural requirements for §§ 122.320, 122.322, and 122.350 of this title may run concurrently.(b) The following provisions shall apply to the procedural requirements for acid rain permit revisions or modifications. (1) Changes qualifying as administrative permit revisions may be processed as fast-track modifications or significant permit revisions at the option of the designated representative.(2) Changes qualifying as fast-track modifications may be processed as significant permit revisions at the option of the designated representative.(3) The designated representative may be subject to enforcement action if the change to the permit is later determined not to qualify for the type of permit revision or modification submitted.(4) Provisional terms and conditions are not eligible for a permit shield.30 Tex. Admin. Code § 122.414
The provisions of this §122.414 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688