1. (a) Air quality permit amendment applications under §116.116(b) of this title (relating to Changes to Facilities) or amendment applications to flexible permits under §116.710(a)(2) and (3) of this title (relating to Applicability) must comply with this subchapter and Subchapter K of this chapter regarding notices when the amendment involves:

   1. (1) a change in character of emissions or release of an air contaminant not previously authorized under the permit;

   2. (2) a facility affected by TCAA, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following levels:

      1. (A) 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NO_x);
      2. (B) 25 tpy of volatile organic compounds (VOC), sulfur dioxide (SO₂), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen;
      3. (C) a new major stationary source or major modification threshold as defined in §116.12 of this title (relating to Nonattainment Review Definitions); or
      4. (D) a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration); or

   3. (3) a facility not affected by TCAA, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the following levels:

      1. (A) 50 tpy of CO;
      2. (B) ten tpy of SO₂;
      3. (C) 0.6 tpy of lead; or
      4. (D) five tpy of NO_x, VOC, PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; or

   4. (4) any amendment when the executive director determines that:

      1. (A) there is a reasonable likelihood for emissions to impact a nearby sensitive receptor;
      2. (B) there is a reasonable likelihood of high nuisance potential from the operation of the facilities;
      3. (C) the application involves a facility or site for which the compliance history contains violations which are unresolved or constitute a recurring pattern of conduct that demonstrates a consistent disregard for the regulatory process; or
      4. (D) there is a reasonable likelihood of significant public interest in a proposed activity.
2. (b) Except as provided in subsection (a) of this section, air quality permit amendment applications are not required to comply with this subchapter and Subchapter K of this chapter.

Source Note:The provisions of this §39.402 adopted to be effective November 13, 2001, 26 TexReg 9097.