SECTION 113.2346. When must I submit a Title V permit application for my existing unit?

(a) If your existing unit is not subject to an earlier permit application deadline, a complete Title V permit application must be submitted on or before the earlier of the dates specified in paragraphs (1) through (3) of this subsection. (See the Federal Clean Air Act, §§129(e), 503(c), 503(d), and 502(a) and 40 Code of Federal Regulations (CFR) §70.5(a)(1)(i).)

(1) 12 months after the effective date of any applicable United States Environmental Protection Agency (EPA)-approved Federal Clean Air Act, §111(d)/129 state or tribal plan.

(2) 12 months after the effective date of any applicable federal plan.

(3) December 16, 2008.

(b) For any existing unit not subject to an earlier permit application deadline, the application deadline of 36 months after the promulgation of 40 CFR Part 60, Subpart FFFF, applies regardless of whether or when any applicable federal plan is effective, or whether or when any applicable Federal Clean Air Act, §111(d)/129 state or tribal plan is approved by the EPA and becomes effective.

(c) If your existing unit is subject to Title V as a result of some triggering requirement(s) other than those specified in subsection (a) or (b) of this section (for example, a unit may be a major source or part of a major source), then your unit may be required to apply for a Title V permit prior to the deadlines specified in subsections (a) and (b). If more than one requirement triggers a source's obligation to apply for a Title V permit, the 12-month timeframe for filing a Title V permit application is triggered by the requirement which first causes the source to be subject to Title V. (See the Federal Clean Air Act, §503(c) and 40 CFR §70.3(a) and (b) and §70.5(a)(1)(i).)

(d) 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) and 40 CFR §70.7(b).)

Source Note: The provisions of this §113.2346 adopted to be effective May 14, 2009, 34 TexReg 2771