(a) Permits issued to facilities submitting applications under §116.917 of this title (relating to Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites) may contain general and special conditions. The holders of a permit under this subchapter shall comply with any and all such conditions.
(b) General conditions. Holders of permits issued to facilities submitting applications in accordance with §116.917 of this title shall comply with the following general conditions, regardless of whether they are specifically stated within the permit document.
  (1) Sampling requirements.
    (A) If sampling is required, the permit holder shall contact the commission's Office of Compliance and Enforcement prior to sampling to obtain the proper data forms and procedures.
    (B) All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission.
    (C) The permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.
  (2) Equivalency of methods. The permit holder must demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive director prior to their use in fulfilling any requirements of the permit.
  (3) Recordkeeping. The permit holder shall:
    (A) maintain a copy of the permit along with records containing the information and data sufficient to demonstrate compliance with the permit, including production records and operating hours;
    (B) keep all required records in a file at the plant site. If, however, the facility normally operates unattended, records shall be maintained at the nearest staffed location within the State of Texas specified in the application;
    (C) make the records available at the request of personnel from the commission or any air pollution control program having jurisdiction;
    (D) comply with any additional recordkeeping requirements specified in special conditions attached to the permit; and
    (E) retain information in the file for at least two years following the date that the information or data is obtained.
  (4) Maximum allowable emission rates. The total emissions of air contaminants from any of the sources of emissions must not exceed the values stated on the table attached to the permit entitled "Emission Sources--Maximum Allowable Emission Rates."
  (5) Maintenance of emission control. The permitted facilities shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. The permit holder shall provide notification for upset and maintenance in accordance with §101.6 and §101.7 of this title (relating to Upset Reporting and Recordkeeping Requirements; and Maintenance, Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements).
  (6) Compliance with rules.
    (A) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the granting of the permit.
    (B) If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated.
    (C) Acceptance includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit.
(c) Special conditions. The holders of permits issued under this subchapter shall comply with all special conditions contained in the permit document.
  (1) Special conditions may be attached to a permit that are more restrictive than the requirements of this title.
  (2) Special condition for written approval.
    (A) The executive director may require as a special condition that the permit holder obtain written approval before constructing a source under:
      (i) a standard permit in accordance with Subchapter F of this chapter (relating to Standard Permits); or
      (ii) a permit by rule under Chapter 106 of this title (relating to Permits by Rule).
    (B) Such written approval may be required if the executive director specifically finds that an increase of a particular pollutant could either:
      (i) result in a significant impact on the air environment; or
      (ii) cause the facility to become subject to review under:
        (I) Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, Section 112(g), 40 CFR Part 63)); or
        (II) the provisions in Subchapter B, Division 5 of this chapter (relating to Nonattainment Review) and Subchapter B, Division 6 of this chapter (relating to Prevention of Significant Deterioration Review).

Source Note: The provisions of this §116.918 adopted to be effective June 12, 2002, 27 TexReg 4954