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Transition Process for Pending GHG PSD Permit Applications and 

Issued GHG PSD Permits upon Rescission of the Texas GHG PSD FIP

EPA-R06-OAR-2013-0808

February 4, 2014

EPA is proposing approval of the Texas GHG PSD SIP revisions and simultaneously 

proposing to rescind the GHG PSD FIP for Texas at 40 CFR 52.2305. The following transition 

process has been developed by EPA Region 6 for the transfer of pending permit applications and 

permitting authority to TCEQ, in the eventuality that EPA finalizes our SIP approval and 

associated FIP rescission. Upon the effective date of the FIP rescission, the TCEQ will accept 

transfer of any pending permit applications provided by EPA consistent with final adoption by 

TCEQ and approval in the Texas SIP of 30 TAC Section 116.169.

Transition Process for Pending GHG PSD Permit Applications

1. EPA Region 6 will continue our current practice of maintaining a list of all submitted 

permit applications on the EPA Region 6 GHG website at 

http://yosemite.epa.gov/r6/Apermit.nsf/AirP.

2. No later than 15 days after the state’s final adoption of the GHG rules proposed on 

October 23, 2013, EPA will contact each applicant, via letter, to provide the applicant a 

minimum of 30 days to make a decision about future permitting authority. Applicants 

must communicate in writing to EPA Region 6 the request for GHG PSD permitting 

authority by the deadline specified in the letter. The applicant has the discretion to 
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determine whether to continue with EPA as the GHG PSD permitting authority or 

whether the submitted application will be processed by TCEQ. 

3. If the applicant fails to make a selection of permitting authority by the deadline specified 

in the above referenced letter, then EPA will make the decision for the applicant based on 

the date of EPA’s proposed determination on the permit application as evidenced by a 

published notice of draft permit as follows: 

a. EPA will retain the GHG PSD permitting authority for the pending applications 

that fail to select a permitting authority by the deadline specified in the applicant 

letter, only if EPA has made a proposed determination on the pending permit 

application by publishing notice of a draft permit by the signature date of the FIP 

rescission. 

b. EPA will transfer the permitting authority and all associated materials to TCEQ 

for any pending permit applications that fail to select a permitting authority by the 

deadline specified in the applicant letter, if EPA has not made a proposed 

determination through a published notice of draft permit by the signature date of 

the final FIP rescission.

4. Upon the effective date of the FIP rescission, EPA will transfer to the TCEQ all 

documents related to the pending permit applications that will be processed by TCEQ 

through the SIP-approved GHG PSD permitting process. 

a. If an application is transferred where EPA has already proposed a draft permit, 

then EPA will transfer the application, all related technical materials submitted by 

the applicant, the proposed draft permit and any comments received on the 

proposed draft permit to TCEQ. The TCEQ will require the applicant to comply 
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with SIP-approved public notice rules. The applicant will either follow the current 

SIP-approved process of publishing a separate NORI and NAPD, or publish a 

combined NORI and NAPD notice pursuant to new proposed revisions at 30 TAC 

Section 39.412. Further, pursuant to the Texas SIP, any comments submitted to 

EPA on the proposed draft permit must be resubmitted to the TCEQ during the 

TCEQ’s public comment period. EPA intends to identify on the EPA Region 6 

GHG website which applications with proposed draft permits have been 

transferred to TCEQ for issuance. EPA will endeavor to notify each commenter 

about the need to resubmit comments under the SIP-approved Texas public 

comment period provisions or the newly proposed revisions at 30 TAC Section 

39.412.

b. If an application is transferred for which EPA has not proposed a draft permit, 

EPA will transfer the application, all related technical materials submitted by the 

applicant and EPA’s draft analysis (if available).

5. With regard to the permit applications for which EPA will retain permitting authority 

over the application (and is listed in EPA’s final FRN on the GHG PSD SIP), this 

permitting authority may cease upon an applicant’s written request to EPA withdrawing 

the pending permit application before a final determination is made.

Transition Process for Transfer of Final GHG PSD Permits Issued by EPA

1. Upon the signature date of EPA’s final action to approve the Texas GHG SIP rule and 

rescind the GHG PSD FIP, EPA will determine which issued permits constitute a “final 

GHG PSD permit issued by EPA”; a permit where all final EPA actions have been taken 
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and all administrative and judicial appeal opportunities have expired or processes have 

been concluded or completed. EPA will maintain this list of final GHG PSD permits 

issued by EPA on the EPA Region 6 GHG website.

2. For the identified “final GHG PSD permits issued by EPA”, EPA will provide the TCEQ 

with all materials relevant to these permits so that the TCEQ can assume full PSD 

responsibility for the administration and implementation of these permits.

3. EPA remains the GHG PSD permitting authority for issued permits until either a) the 

time for filing an administrative appeal has expired or b) all administrative and judicial 

appeals processes (including any associated remand actions) are completed. EPA will 

monitor our issued permits to determine when these deadlines have expired or all 

processes have been completed.

4. EPA will notify the TCEQ as issued permits become “final GHG PSD permits” and are 

thus ready for transfer to TCEQ for administration and implementation under the Texas 

PSD program. EPA Region 6 will update our issued permits list on the Region 6 GHG 

website to indicate when TCEQ has assumed responsibility for the final permits.