If a facility requires the installation of additional control or controls to meet an emission cap for a pollutant, the flexible permit shall specify an implementation schedule for such additional controls. The permit may also specify how the emission cap will be adjusted if such a facility is taken out of service. In the event that the controls and implementation schedule specified by a flexible permit cannot be met, a permit amendment or alteration to modify the controls and implementation schedule must be approved by the executive director before the applicable control schedule deadline. Control technology that is required by federal major new source review requirements must be operational at start of operation and is not eligible for an implementation schedule under this section.

Source Note:The provisions of this §116.717 adopted to be effective December 8, 1994, 19 TexReg 9360; amended to be effective January 6, 2011, 35 TexReg 11909.