Section 122.504 - Application Revisions When an Applicable Requirement or State-Only Requirement is Promulgated or Adopted or a General Operating Permit is Revised or Rescinded(a) If the applicability determinations or the bases for the determinations in the general operating permit application change due to the promulgation or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before the compliance date of the new applicable requirement or state-only requirement or effective date of the repealed applicable requirement or state-only requirement;(B) submit an application for a new authorization to operate no later than 90 days after the compliance date of the new applicable requirement or state-only requirement or effective date of the repealed applicable requirement or state-only requirement; and(C) maintain the information required in paragraph (1)(A) - (E) of this subsection with the authorization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.30 Tex. Admin. Code § 122.504
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 by Texas Register, Volume 43, Number 46, November 16, 2018, TexReg 7556, eff. 11/22/2018