SECTION 113.2173. When must I submit a Title V permit application for my existing small municipal waste combustion unit?

(a) You must submit a complete Title V permit application within 12 months of when your source first becomes subject to a Title V permitting program. See 40 Code of Federal Regulations (CFR) §70.3(a) and (b) and §70.5(a)(1). As provided in the Federal Clean Air Act, §503(c), permitting authorities may establish permit application deadlines earlier than the 12-month deadline.

(b) If your existing small municipal waste combustion unit is not subject to an earlier permit application deadline, a complete Title V permit application must be submitted not later than the date 36 months after promulgation of 40 CFR Part 60, Subpart BBBB (December 6, 2003), or by the effective date of the applicable state, tribal, or federal operating permits program, whichever is later. For any existing small municipal waste combustion unit not subject to an earlier application deadline, this final application deadline applies regardless of when the federal plan is effective, or when the relevant state or tribal Federal Clean Air Act, §111(d)/129 plan is approved by the United States Environmental Protection Agency and becomes effective. See the Federal Clean Air Act, §§129(e), 503(c), 503(d), and 502(a).

(c) A "complete" Title V permit application is one that has been determined or deemed complete by the relevant permitting authority under the Federal Clean Air Act, §503(d) and 40 CFR §70.5(a)(2). You must submit a complete permit application by the relevant application deadline in order to operate after this date in compliance with federal law. See the Federal Clean Air Act, §503(d) and §502(a); 40 CFR §70.7(b).

Source Note: The provisions of this §113.2173 adopted to be effective May 14, 2009, 34 TexReg 2771