Addendum to the Technical 

Support Document

EPA-R06-OAR-2013-0808

Revisions to the Texas State Implementation Plan for the Regulation and Permitting of 

Greenhouse Gas Emissions

Revisions to 30 TAC Chapter 39 submitted April 16, 2014

Revisions to 30 TAC Chapter 101 submitted April 16, 2014

Revisions to 30 TAC Chapter 106 submitted April 16, 2014

Revisions to 30 TAC Chapter 116 submitted April 16, 2014

Revisions to 30 TAC Chapter 122 submitted April 16, 2014

October 15, 2014

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-2115.
2

Table of Contents

I. Executive Summary.................................................................................................................. 3

II. Technical Evaluation of the April 16, 2014, Texas SIP Submittal........................................... 4

A. Evaluation of April 16, 2014, Texas SIP Revision with respect to 40 CFR Part 51, 

Appendix V...................................................................................................................... 4

B. Summary of the April 16, 2014 Texas SIP Submittal ..................................................... 9

C. Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval ................ 13

D. Evaluation of the June 23, 2014 SCOTUS UARG v. EPA Decision ............................ 26

1. Submitted Revisions Unaffected by the June 23, 2014 SCOTUS GHG Decision26

a) 30 TAC Chapter 39 – Public Notice ............................................................... 26

b) 30 TAC Chapter 101 – General Air Quality Rules......................................... 26

2. Submitted Revisions Impacted by the June 23, 2014 SCOTUS GHG Decision .. 27

a) 30 TAC Chapter 106 – Permits by Rule ......................................................... 27

b) 30 TAC Chapter 116 – Control of Air Pollution by Permits for New 

Construction or Modification................................................................................ 31

(1) Revisions to 30 TAC Section 116.12 – Nonattainment and Prevention of 

Significant Deterioration Review Definitions .......................................... 31

(2) Revisions to 30 TAC Section 116.111 – General Application ................. 52

(3) 30 TAC Section 116.160 – Prevention of Significant Deterioration 

Requirements ............................................................................................ 57

(4) 30 TAC Section 116.164 – Prevention of Significant Deterioration 

Applicability for Greenhouse Gases Sources. .......................................... 61

(5) 30 TAC Section 116.169 – Greenhouse Gases Program Transitions....... 65

(6) 30 TAC Section 116.610 – Applicability (for Standard Permits)............. 65

(7) 30 TAC Section 116.611 – Registration to Use Standard Permits........... 68

c) 30 TAC Chapter 122....................................................................................... 71

3. Recent UARG v. EPA U. S. Supreme Court Decision (June 23, 2014)............... 75

III. Conclusion .............................................................................................................................. 77
I. Executive Summary

On February 18, 2014, EPA proposed approval of portions of two revisions to the Texas SIP 

submitted by the TCEQ on October 5, 2010 and December 2, 2013. See 79 FR 9123. Together, 

these two SIP submittals revise the Texas PSD program to provide for the regulation of GHG 

emissions and clarify the applicability of BACT for all PSD permit applications. The December 

2, 2013, SIP submittal was a request for parallel processing of revision proposed by the TCEQ 

on October 23, 2013, meaning that EPA proposed approval of a rule that was not yet final at the 

State level. During the time that EPA proposed approval, the TCEQ received comments on their 

October 23, 2013, proposed rules, responded to comments, and adopted revisions to the Texas 

SIP on March 26, 2014. The final adoption of the GHG rules was submitted to EPA on April 16, 

2014. This addendum to the TSD for Rule Docket EPA-R06-OAR-2013-0808, will evaluate only 

the April 16, 2014 final SIP submittal with respect to two issues. First, we will be reviewing the 

changes made to the Texas rules and evaluating whether the changes made as a result of 

comments will change EPA’s proposed action. Second, this addendum to the TSD for Rule 

Docket EPA-R06-OAR-2013-0808 will also evaluate whether action on particular provisions is 

appropriate at this time after the United States Supreme Court June 23, 2014, decision in Utility 

Air Regulatory Group v. The Environmental Protection Agency (No. 12-1146).
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II. Technical Evaluation of the April 16, 2014, Texas SIP Submittal

A. Evaluation of April 16, 2014, Texas SIP Revision with respect to 40 CFR 

Part 51, Appendix V.

The criteria for completeness determination are found in Appendix V to Part 51 - Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a State 

implementation plan submitted for consideration by EPA is an official submission for 

purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying the 

component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no 

later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 months 

from receipt. A determination of completeness under this paragraph means that the 

submission is an official submission for purposes of §51.103.

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V. 
5

SIP Completeness Checklist for the April 16, 2014, SIP Submittal (Rule Project No. 2013-

040-116-AI)

Administrative Materials (2.1)

a. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision. 

Mr. Bryan W. Shaw, Ph. D, P.E, Chairman of the TCEQ, submitted a letter on April 16, 

2014, formally submitting the revisions to the Texas SIP for permitting of GHGs.

Governor Perry designated the Texas Natural Resources Conservation Commission 

(TNRCC) Commissioner as his designee in a letter dated May 21, 2002. The TNRCC is 

the predecessor agency to the TCEQ.

b. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date. 

The April 16, 2014, letter indicates the TCEQ adopted the revisions on March 26, 2014, 

effective on April 17, 2014. 

c. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority.

The TCEQ Order Adopting New and Amended Rules and Revisions to the State 

Implementation Plan indicates that the SIP revisions were developed and noticed in 

accordance with the requirements of Texas Health and Safety Code, § 382.017; Texas 

Government Code, Chapter 2001, Subchapter B; and 40 CFR 51.102.

d. A copy is included of the actual regulation or document submitted for approval and

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. Because this 

submittal was accompanied by a request for parallel processing, the State plan shall 

include a copy of the proposed/draft regulation or document, including indication of the 

proposed changes to be made to the existing approved plan, where applicable

The April 16, 2014, submittal included a copy of the official State regulations submitted 

by Chairman Shaw. The effective date of the rules is April 17, 2014, as indicated in the 

April 11, 2014 Texas Register (39 TexReg 2854).
6

e. Evidence is included that the State followed all the procedural requirements of its laws 

and/or its constitution in conducting and completing the adoption/issuance of the plan. 

The April 16, 2014, submittal included a certification demonstrating the SIP submittal 

was developed pursuant to 40 CFR 51.104

f. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by EPA, including the date of publication of such notice, 

(e.g., notarized or certified copies of any public notices published in newspapers). (The 

notice should be at least 30 days prior to the public hearing(s)). 

Notices of public hearing were published in the following newspapers on the date listed:

 Austin American-Statesman: October 25, 2013

 Fort Worth Star-Telegram: October 25, 2013

 Houston Chronicle: October 25, 2013

Publication of the public hearing was also provided in the Texas Register on November 

8, 2013 at 38 TexReg 8004.

TCEQ conducted a public hearing on December 5, 2013, in Austin, Texas.

g. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

An order adopting revisions to the SIP was included in the April 16, 2014, SIP submittal. 

This order states that the public hearing was conducted pursuant to the Texas Health and 

Safety Code § 382.017, Texas Government Code Chapter 2001, and 40 CFR 51.102.

h. A compilation of public comments and the State's response is included. 

The April 16, 2014, SIP submittal did include a compilation of comments and the State’s 

response to comments. TCEQ received written comments from 25 parties and oral 

testimony from 4 parties during the comment period.

Technical Support (2.2)

The State should include the following technical information in its SIP revision request package.

a. Identification of all regulated pollutants affected by the revision is included.

The April 16, 2014, SIP submittal expands the applicability of the Texas PSD program to 

regulate GHGs above certain thresholds, consistent with EPA’s GHG Tailoring Rule. 

The proposed revisions also limit the scope of the Texas Minor NSR programs to specify 

that GHGs are not applicable to minor NSR.
7

b. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment plan 

for the affected area(s) is included.

The April 16, 2014, SIP submittal identifies that GHG permitting will occur statewide, 

regardless of attainment classification. 

c. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.)

The April 16, 2014, SIP submittal amends the Texas PSD permitting program to establish 

PSD applicability thresholds for GHG emissions. Quantification of changes in the SIP 

allowable emissions from the affected sources is not necessary for inclusion. Any new 

sources of GHG emissions subject to regulation under the PSD program will follow the 

SIP-approved PSD permitting process and use the established GHG thresholds.

d. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and implemented.

There is no demonstration included that the NAAQS/PSD increments/RFP demonstration 

and visibility are protected because there are no current NAAQS or increment for GHGs 

and the GHG thresholds will not interfere with RFP or visibility. 

e. FOR REDESIGNATIONS: NOT Applicable. The April 16, 2014, SIP submittal is not a 

request for redesignation.

f. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support these SIP revisions. 

g. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.).

The April 16, 2014, SIP submittal amends the existing PSD program to adopt and 

implement the GHG Tailoring Rule thresholds. Any requirements for emission 

limitations or emission reduction technology for GHGs will be implemented pursuant to 

the SIP-approved PSD permitting program.

h. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels.
8

The April 16, 2014, SIP submittal amends the existing PSD program and does not 

contain or revise emission limitations or workplace standards. Emission limitations and 

workplace standards will be established in individual PSD permits issued pursuant to the 

federally approved Texas PSD program. 

i. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency).

The April 16, 2014, SIP submittal amends the existing PSD program to adopt and 

implement the GHG Tailoring Rule thresholds. Compliance will be determined on an 

individual permit basis for PSD permits issued pursuant to the federally approved Texas 

PSD program. 

j. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary should 

be included. For example, requests for alternative RACT may require such justification.

These justifications are not necessary or applicable for the April 16, 2014, SIP revision

to adopt and implement GHG permitting requirements.

The April 16, 2014, SIP submittal (Rule Project No. 2013-040-116-AI) meets the 

completeness criteria established in 40 CFR part 51, Appendix V.
9

B. Summary of the April 16, 2014 Texas SIP Submittal

The TCEQ adopted revisions to multiple sections of the Texas Air Code. Following is a brief 

summary of the adopted revisions that have been submitted as revisions to the Texas SIP.

30 TAC Chapter 39 – Public Notice

The rules governing public notice for applications for air quality permits are contained in 

Chapter 39. Emissions of GHGs will be covered under the Texas PSD program, and will 

therefore follow the same public notice provisions as other PSD permit applications in Texas. 

The TCEQ has made changes to indicate that certain items required by a PSD public notice may 

not be applicable to GHG PSD permit applications – such as an air quality analysis or a Class I 

impact analysis for GHGs. Additionally, Texas HB 788, from the 83rd Legislature, 2013, has 

specifically exempted GHG PSD permit applications from the requirement to provide an 

opportunity for the contested case hearing process or reconsideration of the Executive Director’s 

decision. 

 30 TAC Section 39.411 – Text of Public Notice

The TCEQ has adopted a new provision at 30 TAC Section 39.411(e)(15) that will 

require the public notice for a GHG PSD permit application to include a statement that 

any person is entitled to request a public meeting or a notice and comment hearing. The 

TCEQ has also amended 30 TAC Section 39.411(f)(4) to include the phrase “where 

applicable” in reference to the air quality analyses that must be made available for 

review. Additionally, the TCEQ has adopted several typographical corrections 

throughout section 39.411.

 30 TAC Section 39.412 – Combined Notice for Certain Greenhouse Gases Permit 

Applications

The TCEQ has adopted this new section to streamline the permit application process only

for permit applications that have been transferred from EPA after the effective date of the 

FIP rescission, or for permit applications filed with the TCEQ for initial issuance of PSD 

permits to authorize only GHGs, which prior to receipt of the application by the TCEQ 

were filed with EPA and EPA has already published a draft permit. This new section 

would allow a permit applicant to issue one public notice combining the requirements of 

the Texas first notice (Notice of Receipt of Application and Intent to Obtain Permit 

(NORI)) and the Texas second notice (Notice of Application and Preliminary Decision 

(NAPD)), in lieu of following the SIP-approved process of issuing a separate NORI and 

separate NAPD. For permit applications processed under this section, any comments 

submitted to EPA regarding these applications will not be included in the Executive 

Director’s RTC unless the comments are timely submitted to the TCEQ.

 30 TAC Section 39.419 – Notice of Application and Preliminary Decision

The TCEQ has adopted amendments to 30 TAC Section 39.419(e)(1) to add the phrase 

“as applicable” in reference to the air quality analysis that must be available for public 

review.

 30 TAC Section 39.420 – Transmittal of the Executive Director’s Response to Comments 

and Decision

TCEQ has amended this section to include new 30 TAC Section 39.420(e)(4) that says 

public notice documents for PSD permits that only authorize GHGs do not need to 
10

include instructions on how to request a contested case hearing or requesting the 

commission reconsider the Executive Director’s decision.

30 TAC Chapter 101 – General Air Quality Rules

The TCEQ has amended the definitions and general rules germane to the Texas SIP to 

implement the requirements of Texas HB 788 and to provide authority to regulate GHGs.

 30 TAC Section 101.1 - Definitions

o The TCEQ has adopted a new definition for GHGs at 30 TAC Section 101.1(42). 

o The TCEQ has adopted several amendments to the definition of Reportable 

Quantity at 30 TAC Section 101.1(89) to establish that there is no reportable 

quantity for GHGs (except for the specific individual air contaminants found in 

the current definition of RQ), and establish a reportable quantity of 5,000 pounds 

for 3-pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro-4-(trifluromethyl)-, CAS No. 756-

13-8 (hereafter referred to as C6 fluoroketone) rather than the default reportable 

quantity of 100 pounds.

o The TCEQ has adopted amendments to the definition of unauthorized emissions 

at 30 TAC Section 101.1(108) to exclude emissions of carbon dioxide (CO2) and 

methane (CH4). 

o The TCEQ has also adopted a number of non-substantive amendments to correct 

for renumbering and internal referencing to other TAC provisions.

 30 TAC Section 101.10 – Emissions Inventory Requirements

o The TCEQ has adopted amendments to 30 TAC Section 101.10(a)(3) to provide 

an exception for GHGs to the applicable criteria for which an owner or operator is 

required to submit emission inventories.

o The TCEQ has also adopted non-substantive revisions for renumbering and 

formatting and to update references to other TAC provisions.

 30 TAC Section 101.201 – Emissions Event Reporting and Recordkeeping Requirements

o The TCEQ has adopted an amendment to specify that any emissions of GHGs, 

individually or collectively, are not subject to emissions event reporting.

30 TAC Chapter 106 – Permits by Rule

The Texas Permits by Rule program under 30 TAC Chapter 106 is one component of the SIPapproved Minor NSR program in Texas. The TCEQ has adopted amendments to the Minor NSR 

PBR program at 30 TAC Section 106.2 to clarify that emissions of GHGs cannot be authorized 

through a PBR. Additionally, the TCEQ has adopted amendments to 30 TAC Section 106.4 to 

specify that for sources that are only subject to PSD for GHG emissions, a PBR can still be used 

to authorize the non-PSD emissions; provided that the source obtains the GHG PSD construction 

permit prior to commencing construction.1

30 TAC Chapter 116 – Control of Air Pollution by Permits for New Construction or 

Modification

The Texas PSD program and necessary implementing definitions are SIP-approved under 30 

TAC Chapter 116. With the exception of PBRs, the remainder of the SIP-approved Texas Minor 

 

1 Note that the TCEQ has adopted and submitted revisions to the Texas Permits by Rule program that discuss the 

permitting on non-anyway sources and modifications of GHGs. EPA is taking no action at this time on provisions 

pertaining to non-anyway permitting, as discussed more fully in Section II.D of this TSD.
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NSR program is also SIP-approved at 30 TAC Chapter 116. The TCEQ has adopted several 

amendments to this chapter to provide for PSD permitting of GHGs and to limit the scope of the 

Texas Minor NSR programs to not include emissions of GHGs. Specifically, the TCEQ has 

adopted the following:

 30 TAC Section 116.12 – Nonattainment and Prevention of Significant Deterioration 

Definitions

o The TCEQ has adopted new definitions for the “CO2 equivalent” and the 

pollutant GHGs.

o The TCEQ has adopted revisions to the definitions of Federally Regulated NSR 

pollutant, major stationary source, and major modifications.

o The TCEQ has adopted revisions for renumbering to accommodate the proposed 

new definitions.

 30 TAC Section 116.111 – General Application

o The TCEQ has adopted an amendment to the general application provisions to 

require a PSD permit for GHG emissions that meet or exceed the thresholds for 

GHG PSD permitting established in new proposed section 116.164. This 

amendment specifies that GHG permitting is statewide, without regard to an 

attainment designation for GHG permitting.

 30 TAC Section 116.160 – Prevention of Significant Deterioration Requirements

o TCEQ has adopted an amendment to 30 TAC Section 116.160(a) to require new 

major sources of GHGs or major modifications of GHGs to comply with the PSD 

permitting program regardless of location of the source.

o TCEQ has adopted amendments to 30 TAC Section 116.160(b)(2) to include 

references to the netting requirements for GHG applicability thresholds 

established in new section 116.164.

o TCEQ has also adopted an amendment to 30 TAC Section 116.160(c) to clarify 

that emissions of GHGs are subject to the applicability thresholds in new section 

116.164.

 30 TAC Section 116.164 – Prevention of Significant Deterioration Applicability for 

Greenhouse Gases Sources

The TCEQ has adopted a new subsection to the Texas PSD program specifically for the 

permitting of GHGs. This new subsection establishes permitting thresholds for anyway 

and non-anyway sources and modification.2

 30 TAC Section 116.169 – Greenhouse Gases Program Transitions

The TCEQ has adopted a new subsection to the Texas PSD program to address the 

transition process for permit applicants upon the effective date of the rescission of the 

GHG PSD FIP by the EPA Administrator. The adopted subsection does not identify the 

actions to be taken by EPA, it only establishes that upon the rescission of the FIP, the 

TCEQ will accept the transfer and review of pending permit applications.

 30 TAC Section 116.610 – Applicability (Standard Permits Program)

The TCEQ has adopted amendments to the Minor NSR Standard Permits program at 30 

TAC Section 116.610 to clarify that emissions of GHGs cannot be authorized through a 

 

2 Note that while the TCEQ has adopted and submitted permitting provisions for non-anyway sources and 

modifications of GHGs, EPA is taking no action at this time on these provisions. See Section II.D of this TSD for a 

detailed discussion.
12

Standard Permit. Additionally, the TCEQ has adopted amendments to specify that for 

sources that are only subject to PSD for GHG emissions, a Standard Permit can still be 

used to authorize the non-PSD emissions.

3

 30 TAC Section 116.611 – Registration to Use a Standard Permit

The TCEQ has adopted amendments to 30 TAC Section 116.611 that clarify that for 

sources that are PSD subject only because of GHG emissions, and using a standard 

permit to authorize emissions of non-GHG pollutants, the GHG PSD permit must be 

obtained prior to commencing construction4. The TCEQ also adopted amendments to 30 

TAC Section 116.611 that establish a deadline for source that are currently operating to 

certify emissions of GHGs.

30 TAC Chapter 122 – Federal Operating Permits

The TCEQ adopted several amendments to the Texas Title V program on April 16, 2014; but 

only the adopted revisions to 30 TAC Section 122.122 – Potential to Emit – have been submitted 

for consideration into the Texas SIP. In this adopted revision, the TCEQ amends the potential to 

emit provisions to clarify that existing sites must certify emissions below major source 

thresholds.5 Existing sites that are currently operating will have 12 months after EPA’s approval 

of the revisions to the Texas Federal Operating Permits Program (Title V) for GHGs to certify 

emissions of GHGs to avoid applicability of Title V permitting.

 

3 Note that the TCEQ has adopted and submitted revisions to the Texas Standard Permit Program that relate directly 

to permitting non-anyway sources and modifications of GHGs. EPA is taking no action at this time on the nonanyway permitting provisions as detailed in Section II.D of this TSD.

4 Note that the TCEQ has adopted and submitted revisions to the Texas Standard Permit Program that relate directly 

to permitting non-anyway sources and modifications of GHGs. EPA is taking no action at this time on the nonanyway permitting provisions as detailed in Section II.D of this TSD.

5 Note that the TCEQ has adopted and submitted revisions to the Texas Provisions for Potential to Emit that relate 

directly to permitting non-anyway sources and modifications of GHGs. EPA is taking no action at this time on the 

non-anyway permitting provisions as detailed in Section II.D of this TSD.
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C. Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

EPA’s TSD for the “Revisions to the Texas State Implementation Plan for the Regulation and 

Permitting of Greenhouse Gas Emissions,” dated February 4, 2014, provides a line-by-line 

evaluation of all the revisions to the Texas SIP proposed by TCEQ on October 23, 2013, and 

submitted for parallel processing on December 2, 2013. The TCEQ adopted the majority of these 

proposed revisions, without changes on March 26, 2014. Specifically, TCEQ adopted as 

proposed the revisions to 30 TAC Sections 39.412, 39.419, 39.420, 101.10, 101.201, 116.111, 

and 116.160. EPA will not provide an analysis of the revisions to the Texas SIP that were 

adopted unchanged from the October 23, 2013, proposal. Our rationale for approving these 

revisions remains unchanged from our proposal.

However, in the instances where TCEQ has submitted adopted revisions to the Texas SIP that 

differ from the language EPA proposed for approval, EPA must determine whether the submitted 

changes are consistent with our proposed approval and can be approved either as nonsubstantive/non-significant changes or are a logical outgrowth of the proposed rule, consistent 

with the Administrative Procedures Act, 5 USC §§ 553(b) and (c).6

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

30 TAC Section 39.411(e)

...

15. if notice is for air quality 

application for a permit under 

Chapter 116, Subchapter B, 

Division 6 of this title (relating 

to Prevention of Significant 

Deterioration Review) that 

would authorize only 

emissions of greenhouse gases 

as defined in § 101.1 of this 

30 TAC Section 39.411(e)

...

(15) if notice is for an air quality

application for a an air quality

permit under Chapter 116, 

Subchapter B, Division 6 of this

title (relating to Prevention of

Significant Deterioration Review)

that would authorize only

emissions of greenhouse gases as

defined in §101.1 of this title

(relating to Definitions), a

The adopted revision to 30 TAC 

Section 39.411(e)(15) adds the 

modifier “interested” to describe 

the type of person who can request 

a public meeting or notice and 

comment hearing. This is consistent 

with the public meeting 

requirements at 40 CFR 

51.166(q)(2)(v). The adopted 

provision is approvable as 

consistent with federal public notice 

requirements and is consistent with 

 

6 A final rule is a logical outgrowth of the proposed rule “only if interested parties should have anticipated that the 

change was possible, and thus reasonably should have filed their comments on the subject during the notice-andcomment period.” Int'l Union, United Mine Workers of Am. v. MSHA, 407 F.3d 1250, 1259 (D.C.Cir.2005) (internal 

quotations omitted). However, “a final rule will be deemed to be the logical outgrowth of a proposed rule if a new 

round of notice and comment would not provide commentators with their first occasion to offer new and different 

criticisms which the agency might find convincing.” Fertilizer Inst. v. EPA, 935 F.2d 1303, 1311 (D.C.Cir.1991) 

(citation and internal quotation marks omitted). Notice of the agency's intention is crucial to “ensure that agency 

regulations are tested via exposure to diverse public comment ... to ensure fairness to affected parties, and ... to give 

affected parties an opportunity to develop evidence in the record to support their objections to the rule and thereby 

enhance the quality of judicial review.” Int'l Union, 407 F.3d at 1259. International Union, United Mine Workers of 

America v. Mine Safety and Health Admin., 626 F.3d 84 (D.C. Cir. 2010). In determining whether the final rule is a 

logical outgrowth of the proposed rule, the key focus is on whether the purposes of notice and comment have been 

adequately served. Fertilizer Institute, 935 F.2d at 1311.
14

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

title (relating to Definitions), a 

statement that any person is 

entitled to request a public 

meeting or a notice and 

comment hearing, as 

applicable, from the 

commissions; and 

15) any additional information 

required by the executive director 

or needed to satisfy federal public 

notice requirements.

statement that any interested person

is entitled to request a public

meeting or a notice and comment

hearing, as applicable, from

the commission; and

the SIP-approved public notice 

requirements for non-GHG PSD 

permits. Further, the revision is 

substantiated by the State’s 

rulemaking record at 39 TexReg 

2862, April 11, 2014. 

The adopted revision is approvable 

and supportable as it is a nonsubstantive change from our 

proposal.

NO Changes proposed by EPA. 

Existing SIP-approved language 

provided for reference.

30 TAC Section 39.411

...

(g) When notice of a public 

meeting by publication or by 

mail is required by Subchapters 

H and K of this chapter for air 

quality permit applications 

filed on or after the effective 

date of this section, the text of 

the notice must include the 

information in this 

subparagraph. Air quality 

permit applications filed before 

the effective date of this 

section are governed by the 

rules in Subchapters H and K 

of this chapter as they existed 

immediately before the 

effective date of this section, 

and those rules are continued in 

effect for that purpose.

1) the information required 

by subsection (e)(l) - (3), 

(4)(A), (6), (8), (9), and 

(15) of this section;

30 TAC Section 39.411

...

(g) When notice of a public meeting 

by publication or by mail is

required by Subchapters H and K of

this chapter for air quality permit

applications filed on or after the 

effective date of this section, the

text of the notice must include the

information in this subparagraph. 

Air quality permit applications filed

before the effective date of this

section are governed by the rules in 

Subchapters H and K of this chapter

as they existed immediately before

the effective date of this section, 

and those rules are continued in 

effect for that purpose.

(1) the information required by

subsection (e)(1) - (3), (4)(A), 

(6), (8), (9), and (16) (15) of

this section;

This adopted revision is approvable 

and supportable as it is a nonsubstantive change. 

The new change submitted by the 

TCEQ updates the cross-references 

to be consistent with the 

renumbering of provisions at 30 

TAC Section 39.411(e)(15) and 

(16). EPA finds that it is reasonable 

for the TCEQ to update crossreferences and numbering doing a 

rule making, and the change is 

substantiated by the record for the 

final state adoption, see 39 Tex Reg 

2862-2863, April 11, 2014.

NO Changes proposed by EPA. 

Existing SIP-approved language 

provided for reference.

30 TAC Section 39.411

...

(h) When notice of a contested 

case hearing under Chapter 80 

30 TAC Section 39.411

...

(h) When notice of a contested case 

hearing under Chapter 80 of this 

title (relating to Contested Case 

Hearings) by publication or by mail 

is required by Subchapters H and K

This adopted revision is approvable 

and supportable as it is a nonsubstantive change. 

The new change submitted by the 

TCEQ updates the cross-references 

to be consistent with the 

renumbering of provisions at 30 
15

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

of this title (relating to 

Contested Case Hearings) by 

publication or by mail is 

required by Subchapters H and 

K of this chapter for air quality 

permit applications, the text of 

the notice must include the 

following information:

1) the information required 

by subsection (e)(l) - (3), 

(6), (9) and (15) of this 

section; and the date, time, 

and place of the hearing, 

and a brief description of 

the nature and purpose of 

the hearing, including the 

applicable rules and 

procedures.

of this chapter for air quality permit 

applications, the text of the notice 

must include the following 

information:

(1) the information required by 

subsection (e)(1) - (3), (6), (9) 

and (16) (15) of this section; 

and

TAC Section 39.411(e)(15) and 

(16). EPA finds that it is reasonable 

for the TCEQ to update crossreferences and numbering doing a 

rule making, and the change is 

substantiated by the record for the 

final state adoption, see 39 Tex Reg 

2862-2863, April 11, 2014.

30 TAC Section 101.1

...

42. Greenhouse gases -- the 

aggregate group of six 

greenhouse gases: carbon 

dioxide (CO2), nitrous oxide 

(N2O), methane (CH4), 

hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and 

sulfur hexafluoride (SF6).

30 TAC Section 101.1

...

(42) Greenhouse gases (GHGs)--the 

aggregate group of six greenhouse 

gases: carbon dioxide (CO2), 

nitrous oxide (N2O), methane 

(CH4), hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur 

hexafluoride (SF6).

The new language adopted at 30 

TAC Section 101.1(42) is 

approvable. The TCEQ included an 

acronym in the definition. This is a 

non-substantive addition to the 

definition. 

30 TAC Section 101.1

...

108. Unauthorized emissions--

Emissions of any air contaminant 

except carbon dioxide, water, 

nitrogen, methane, ethane, noble 

gases, hydrogen, and oxygen that 

exceed any air emission 

limitation in a permit, rule, or 

order of the commission or as 

authorized by Texas Clean Air 

Act, §382.0518(g).

30 TAC Section 101.1

...

(108) Unauthorized emissions--

Emissions of any air contaminant

except water, nitrogen, ethane, 

noble gases, hydrogen, and oxygen 

that exceed any air emission 

limitation in a permit, rule, or order 

of the commission or as authorized 

by Texas Health and Safety Code

Texas Clean Air Act,

§382.0518(g).

The new language adopted at 30 

TAC Section 101.1(108) is 

approvable. The TCEQ updated a 

reference to the Texas Health and 

Safety Code. This addition is 

approvable as a non-substantive 

change from the proposal.

30 TAC Section 106.4(a)

...

I. Total actual emissions 

authorized under permit by rule 

from the facility shall not 

exceed the following limits, as 

applicable:

30 TAC Section 106.4(a)

...

1. Total actual emissions 

authorized under permit by 

rule from the facility shall not 

exceed the following limits, 

as applicable:

The TCEQ adopted revisions to 30 

TAC Section 106.4(a)(1)(E)(ii) to 

further clarify that GHGs are not 

permitted through a Permit by Rule. 

This revision is supported through 

the state’s record at 39 TexReg 

2896, April 11, 2014. Additionally, 

the revision is consistent with 
16

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

(A). 250 tons per year (tpy) of 

carbon monoxide (CO) or 

nitrogen oxides (NOx ); or

(B). 25 tpy of volatile organic 

compounds (VOC), or

sulfur dioxide (SO2), or 

inhalable particulate matter 

(PM); or

(C). 15 tpy of particulate matter 

with diameters of 10 

microns or less (PM10); or 

(D). 10 tpy of particulate matter 

with diameters of 2.5 

microns or less (PM2.5); or 

(E). 25 tpy of any other air 

contaminant except:

i. carbon dioxide, water, 

nitrogen, methane,

ethane, hydrogen, and 

oxygen; and .

ii. greenhouse gases as 

specified in § 106.2 of 

this title (relating to 

Applicability).

(A). 250 tons per year (tpy) of 

carbon monoxide (CO) or 

nitrogen oxides (NOx ); 

(B). 25 tpy of volatile organic 

compounds (VOC), sulfur 

dioxide (SO2), or inhalable 

particulate matter (PM); 

(C). 15 tpy of particulate matter 

with diameters of 10 

microns or less (PM10); 

(D). 10 tpy of particulate matter 

with diameters of 2.5 

microns or less (PM2.5); or 

(E). 25 tpy of any other air 

contaminant except:

i. water, nitrogen, ethane, 

hydrogen, and oxygen; 

and

ii. notwithstanding any 

provision in any specific 

permit by rule to the 

contrary, greenhouse 

gases as defined in § 

101.1 of this title 

(relating to Definitions).

as specified in § 106.2 of 

this title (relating to 

Applicability).

EPA’s federal permitting 

requirements for GHGs. 

The adopted revision is approvable 

and supportable as a nonsubstantive revision from our 

proposal. However, as detailed in 

Section II.D of this TSD, EPA is 

not acting at this time on any 

provisions pertaining to permitting 

of non-anyway sources and 

modifications.

30 TAC Section 106.4(a)

...

3. Any facility or group of 

facilities, which constitutes a 

new major stationary source, as 

defined in 40 Code of Federal 

Regulations (CFR) §52.21, or 

any change which constitutes a 

major modification, as defined 

in 40 CFR §52.21, under the 

new source review 

requirements of the FCAA, Part 

C (Prevention of Significant 

Deterioration) as amended by 

the FCAA Amendments of 

1990, and regulations 

promulgated thereunder

because of emissions of air

contaminants other than 

greenhouse gases, must meet 

30 TAC Section 106.4(a)

...

3. Any facility or group of 

facilities, which constitutes a 

new major stationary source, 

as defined in 40 Code of 

Federal Regulations (CFR) 

§52.21, or any change which 

constitutes a major 

modification, as defined in 40 

CFR §52.21, under the new 

source review requirements of 

the FCAA, Part C (Prevention 

of Significant Deterioration) 

as amended by the FCAA 

Amendments of 1990, and 

regulations promulgated 

thereunder because of 

emissions of air contaminants 

other than greenhouse gases, 

The TCEQ adopted revisions to 30 

TAC Section 106.4(a)(3) to further 

clarify that source which is subject 

to PSD solely because of GHGs 

emissions may permit the 

remaining pollutants through a 

Permit by Rule. This revision is 

supported through the state’s record 

at 39 TexReg 2896, April 11, 2014. 

The adopted revision is approvable 

and supportable as a nonsubstantive revision from our 

proposal. However, as detailed in 

Section II.D of this TSD, EPA is 

not acting at this time on any 

provisions pertaining to permitting 

of non-anyway sources and 

modifications.
17

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

the permitting requirements of 

Chapter 116, Subchapter B of 

this title and cannot qualify for 

a permit by rule under this 

chapter. A new major 

stationary source or major 

modification which is subject 

to Chapter 116, Subchapter B, 

Division 6 of this title due 

solely to emissions of 

greenhouse gases may use a 

permit by rule under this 

chapter for air contaminants 

that are not greenhouse gases. 

However, facilities or projects 

which require a prevention of 

significant deterioration permit 

due to emissions of greenhouse 

gases may not commence 

construction or operation until 

the prevention of significant 

deterioration permit is issued.

must meet the permitting 

requirements of Chapter 116, 

Subchapter B of this title and 

cannot qualify for a permit by 

rule under this chapter. 

Notwithstanding any 

provision in any specific 

permit by rule to the contrary, 

a A new major stationary 

source or major modification 

which is subject to Chapter 

116, Subchapter B, Division 6 

of this title due solely to 

emissions of greenhouse 

gases may use a permit by 

rule under this chapter for air 

contaminants that are not 

greenhouse gases. However, 

facilities or projects which 

require a prevention of 

significant deterioration 

permit due to emissions of 

greenhouse gases may not 

commence construction or 

operation until the prevention 

of significant deterioration 

permit is issued.

30 TAC Section 106.4(a)

...

4. Unless at least one facility at an 

account has been subject to 

public notification and 

comment as required in 

Chapter 116, Subchapter B or 

Subchapter D of this title 

(relating to New Source 

Review Permits or Permit 

Renewals), total actual 

emissions from all facilities 

permitted by rule at an account 

shall not exceed 250 tpy of CO 

or NOX; or 25 tpy of VOC or 

SO2 or PM; or 15 tpy of PM10; 

or 10 tpy of PM2.5; or 25 tpy of 

any other air contaminant 

except carbon dioxide, water, 

nitrogen, methane, ethane, 

hydrogen, and oxygen, and 

30 TAC Section 106.4(a)

...

4. Unless at least one facility at 

an account has been subject to 

public notification and 

comment as required in 

Chapter 116, Subchapter B or 

Subchapter D of this title 

(relating to New Source 

Review Permits or Permit 

Renewals), total actual 

emissions from all facilities 

permitted by rule at an 

account shall not exceed 250 

tpy of CO or NOX; or 25 tpy 

of VOC or SO2 or PM; or 15 

tpy of PM10; or 10 tpy of 

PM2.5; or 25 tpy of any other 

air contaminant except water, 

nitrogen, ethane, hydrogen, 

oxygen, and GHGs (as 

EPA finds that it is reasonable for 

the TCEQ to update the rule 

language in 30 TAC Section 

106.4(a)(4) to clarify that 30 TAC 

Section 106.2 relates to 

Applicability. Making this 

clarification is appropriate during 

the rulemaking process and is 

substantiated by the record for the 

final state adoption at 39 TexReg 

2896, April 11, 2014. 

The adopted revision is approvable 

and supportable as a nonsubstantive revision from our 

proposal. However, as detailed in 

Section II.D of this TSD, EPA is 

not acting at this time on any 

provisions pertaining to permitting 

of non-anyway sources and 

modifications.
18

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

GHGs (as specified in § 106.2 

of this title).

specified in § 106.2 of this 

title (relating to 

Applicability)).

30 TAC Section 116.12

...

7) Carbon dioxide equivalent 

(CO2e) emissions shall 

represent

a. An amount of greenhouse 

gases (GHGs) emitted, and 

shall be computed by 

multiplying the mass 

amount of emissions in tons 

per year (tpy) for the 

GHGs, as defined in § 

101.1 of this title (relating 

to Definitions), by the gas’s 

associated global warming 

potential as published in 40 

Code of Federal 

Regulations Part 98, 

Subpart A, Table A-1 

Global Warming Potentials, 

and summing the resultant 

values.

b. [EPA severed the following 

language from our 

proposed approval]. For

purposes of this paragraph, 

prior to July 21, 2014, the 

mass of the GHG carbon 

dioxide (CO2) shall not 

include CO2 emissions 

resulting from the 

combustion or 

decomposition of nonfossilized and 

biodegradable organic 

material originating from 

plants, animals, or microorganisms (including 

products, by-products, 

residues and waste from 

agriculture, forestry and 

related industries as well as 

the non-fossilized and 

biodegradable organic 

fractions of industrial and 

30 TAC Section 116.12

...

7) Carbon dioxide equivalent 

(CO2e) emissions shall 

represent an amount of 

greenhouse gases (GHGs) 

emitted, and shall be 

computed by multiplying the 

mass amount of emissions in 

tons per year (tpy) for the 

GHGs, as defined in § 101.1 

of this title (relating to 

Definitions), by the gas’s 

associated global warming 

potential as published in 40 

Code of Federal Regulations 

Part 98, Subpart A, Table A-1 

Global Warming Potentials, 

and summing the resultant 

values. 

b. For purposes of this 

paragraph, prior to July 

21, 2014, the mass of the 

GHG carbon dioxide 

(CO2) shall not include 

CO2 emissions resulting 

from the combustion or 

decomposition of nonfossilized and

biodegradable organic 

material originating from 

plants, animals, or microorganisms (including 

products, by-products, 

residues and waste from 

agriculture, forestry and 

related industries as well 

as the non-fossilized and 

biodegradable organic 

fractions of industrial and 

municipal wastes, 

including gases and 

liquids recovered from 

the decomposition of 

non-fossilized and 

The adopted revisions at 30 TAC 

Section 116.12 delete the proposed 

inclusion of the GHG Biomass 

Deferral Rule. Therefore, this 

section is no longer before EPA for 

action or final approval. This 

revision is supported through the 

states record at 39 TexReg 2911. 

In our February 18, 2014, proposed 

approval we specifically severed 

from our action the biomass 

deferral language proposed at 30 

TAC Section 116.12(7)(b) because 

of the D.C. Circuit Court’s vacatur 

of the provision. As such, we find it 

reasonable that the TCEQ adopted 

the definition for CO2e without the 

biomass deferral language. 
19

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

municipal wastes, including 

gases and liquids recovered 

from the decomposition of 

non-fossilized and 

biodegradable organic 

material.

biodegradable organic 

material. 

30 TAC Section 116.12

...

15)(14) Federally regulated new 

source review pollutant--As 

defined in subparagraphs (A) –

(E) (D) of this paragraph:

(A) any pollutant for 

which a national ambient air 

quality standard has been 

promulgated and any 

constituents or precursors for 

such pollutants identified by the 

United States Environmental 

Protection Agency;

(B) any pollutant that is 

subject to any standard 

promulgated under Federal 

Clean Air Act (FCAA), §111;

(C) any Class I or II 

substance subject to a standard 

promulgated under or 

established by FCAA, Title VI; 

or

(D) any pollutant that 

otherwise is subject to 

regulation under the FCAA; 

except that any or all hazardous 

air pollutants either listed in 

FCAA, §112 or added to the list 

under FCAA, §112(b)(2), which 

have not been delisted under 

FCAA, §112(b)(3), are not 

regulated new source review 

pollutants unless the listed 

hazardous air pollutant is also 

regulated as a constituent or 

precursor of a general pollutant 

listed under FCAA, §108; or.

 (E) greenhouse gases that 

meet or exceed the thresholds 

established in § 116.164 of this 

title (relating to Prevention of 

30 TAC Section 116.12

...

15) Federally regulated new 

source review pollutant--As 

defined in subparagraphs (A) –

(E) of this paragraph:

A. any pollutant for which a 

national ambient air 

quality standard has been 

promulgated and any 

constituents or precursors 

for such pollutants 

identified by the United 

States Environmental 

Protection Agency;

B. except for greenhouse 

gases, any pollutant that 

is subject to any standard 

promulgated under 

Federal Clean Air Act 

(FCAA), §111;

C. any Class I or II 

substance subject to a 

standard promulgated 

under or established by 

FCAA, Title VI; 

D. any pollutant that 

otherwise is subject to 

regulation under the 

FCAA; except that any or 

all hazardous air 

pollutants either listed in 

FCAA, §112 or added to 

the list under FCAA, 

§112(b)(2), which have 

not been delisted under 

FCAA, §112(b)(3), are 

not regulated new source 

review pollutants unless 

the listed hazardous air 

pollutant is also regulated 

as a constituent or 

The TCEQ adopted revisions to the 

definition of “Federally regulated 

new source review pollutant” at 30 

TAC Section 116.12(15) as a result 

of a public comment. See the state’s 

record at 39 TexReg 2911. The 

revision clarifies that GHGs are 

considered federally regulated NSR 

pollutants at or above the interim 

thresholds established in TCEQ at 

30 TAC Section 116.164. 

The adopted revision is approvable 

and supportable as a nonsubstantive revision from our 

proposal.
20

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

Significant Deterioration 

Applicability for Greenhouse 

Gases Sources).

precursor of a general 

pollutant listed under 

FCAA, §108; or

E. greenhouse gases that 

meet or exceed the 

thresholds established in 

§ 116.164 of this title 

(relating to Prevention of 

Significant Deterioration 

Applicability for 

Greenhouse Gases 

Sources).

30 TAC Section 116.12

...

19. Major stationary source--Any 

stationary source that emits, or 

has the potential to emit, a 

threshold quantity of emissions 

or more of any air contaminant 

(including volatile organic 

compounds (VOCs)) for which 

a national ambient air quality 

standard has been issued. The 

major source thresholds are 

identified in Table I of this 

section for nonattainment 

pollutants and the major source 

thresholds for prevention of 

significant deterioration 

pollutants are identified in 40 

Code of Federal Regulations 

(CFR) §51.166(b)(1). For 

greenhouse gases, the major 

source thresholds are specified 

in § 116.164 of this title 

(relating to Prevention of 

Significant Deterioration 

Applicability for Greenhouse 

Gases Sources). A source that 

emits, or has the potential to 

emit a federally regulated new 

source review pollutant at 

levels greater than those 

identified in 40 CFR 

§51.166(b)(1) is considered 

major for all prevention of 

significant deterioration 

pollutants. A major stationary 

30 TAC Section 116.12

...

19. Major stationary source--

Any stationary source that 

emits, or has the potential to 

emit, a threshold quantity of 

emissions or more of any air 

contaminant (including volatile 

organic compounds (VOCs)) 

for which a national ambient 

air quality standard has been 

issued, or for greenhouse 

gases. The major source 

thresholds are identified in 

Table I of this section for 

nonattainment pollutants and 

the major source thresholds for 

prevention of significant 

deterioration pollutants are 

identified in 40 Code of 

Federal Regulations (CFR) 

§51.166(b)(1). For greenhouse 

gases, the major source 

thresholds are specified in § 

116.164 of this title (relating to 

Prevention of Significant 

Deterioration Applicability for 

Greenhouse Gases Sources). A 

source that emits, or has the 

potential to emit a federally 

regulated new source review 

pollutant at levels greater than 

those identified in 40 CFR 

§51.166(b)(1) is considered 

major for all prevention of 

significant deterioration 

The TCEQ adopted revisions to the 

definition of “major stationary 

source” at 30 TAC Section 

116.12(19) that further clarifies a 

major stationary source is a 

stationary source with the PTE at a 

threshold quantity of GHGs. The 

definition also refers to the GHGPSD specific thresholds at 30 TAC 

Section 116.164. This revision was 

supported under the state’s record

at 39 TexReg 2912, April 11, 2014.

However, as detailed in Section 

II.D of this TSD, EPA is not acting 

at this time on any provisions 

pertaining to permitting of nonanyway sources and modifications 

or that would determine PSD 

applicability based on GHG 

emissions. Therefore, the adopted 

revisions to 30 TAC Section 

116.12(19) will not be acted on at 

this time. The existing SIPapproved definition of “major 

stationary source” will be moved 

from 30 TAC Section 116.12(17) to 

the renumbered 30 TAC Section 

116.12(19). 
21

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

source that is major for VOCs 

or nitrogen oxides is considered 

to be major for ozone. The 

fugitive emissions of a 

stationary source shall not be 

included in determining for any 

of the purposes of this 

definition whether it is a major 

stationary source, unless the 

source belongs to one of the 

categories of stationary sources 

listed in 40 CFR 

§51.165(a)(1)(iv)(C).

pollutants. A major stationary 

source that is major for VOCs 

or nitrogen oxides is 

considered to be major for 

ozone. The fugitive emissions 

of a stationary source shall not 

be included in determining for 

any of the purposes of this 

definition whether it is a major 

stationary source, unless the 

source belongs to one of the 

categories of stationary sources 

listed in 40 CFR 

§51.165(a)(1)(iv)(C).

30 TAC Section 116.164(a)

...

4) GHGs major modification at an 

existing major source.

(A). The existing stationary 

source emits or has the 

potential to emit greater than 

or equal to 100 tpy GHGs on 

a mass basis, if the source is 

listed on the named source 

category list in 40 CFR 

§51.166(b)(1)(i), or greater 

than or equal to 250 tpy 

GHGs on a mass basis; and 

100,000 tpy or more CO2e; 

and

(B). the stationary source 

undertakes a physical change 

or change in the method of 

operation that will result in a 

net emissions increase 

greater than zero tpy GHGs 

on a mass basis, and a net 

emissions increase of 75,000 

tpy or more CO2e.

30 TAC Section 116.164(a)

...

4) GHGs major modification at 

an existing major source that is 

a major stationary source for 

GHGs.

(A). The existing stationary 

source emits or has the 

potential to emit greater 

than or equal to 100 tpy 

GHGs on a mass basis, if 

the source is listed on the 

named source category list 

in 40 CFR §51.166(b)(1)(i), 

or greater than or equal to 

250 tpy GHGs on a mass 

basis; and 100,000 tpy or 

more CO2e; and

(B). the stationary source 

undertakes a physical 

change or change in the 

method of operation that 

will result in a net 

emissions increase greater 

than zero tpy GHGs on a 

mass basis, and a net 

emissions increase of 

75,000 tpy or more CO2e.

The TCEQ adopted revisions to 30 

TAC Section 116.164(a)(4) to 

clarify the applicability of this 

provision. This change is supported 

through the state’s record at 39 

TexReg 2914 and, at the time of the 

State’s adoption, was consistent 

with EPA’s federal GHG PSD 

requirements at 40 CFR 

51.166(b)(48)(v)(b).

However, as detailed in Section 

II.D of this TSD, EPA is not acting 

at this time on any provisions 

pertaining to permitting of nonanyway sources and modifications.

Therefore the adopted and 

submitted provisions at 30 TAC 

Section 116.164(a)(4) will not be 

part of the Texas SIP.

30 TAC Section 116.164

...

b. New stationary sources with 

emissions of GHGs, or existing 

stationary sources that 

30 TAC Section 116.164

...

b. New stationary sources with 

emissions of GHGs, or existing 

stationary sources that 

The TCEQ adopted revisions to 30

TAC Section 116.164(b) to clarify 

the scope of regulation of GHGs 

under the PSD program. The 

revisions clarify that only emissions 
22

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

undertake a physical change or 

change in the method of 

operations that includes 

emissions of GHGs, that do not 

meet any of the conditions in 

subsection (a) of this section do 

not require authorization under 

this subchapter, Subchapter F 

of this chapter (relating to 

Standard Permits), Subchapter 

G of this chapter (relating to 

Flexible Permits), and Chapter 

106 of this title (relating to 

Permits by Rule) for emissions 

of GHGs. Owners or operators 

of these sources must keep 

records sufficient to 

demonstrate the amount of 

emissions from the source. 

Records must be made 

available at the request of 

personnel from the commission 

or any local air pollution 

control agency having 

jurisdiction.

undertake a physical change or 

change in the method of 

operations that includes 

emissions of GHGs, that do not 

meet any of the conditions in 

subsection (a) of this section 

do not require authorization 

under this subchapter, 

Subchapter F of this chapter 

(relating to Standard Permits), 

Subchapter G of this chapter 

(relating to Flexible Permits),

or and Chapter 106 of this title 

(relating to Permits by Rule) 

for emissions of GHGs. 

Owners or operators of these 

sources must keep records 

sufficient to demonstrate the 

amount of GHG emissions 

from the source as a result of 

construction, a physical change 

or a change in method of 

operation do not require 

authorization under subsection 

(a) of this section. Records 

must be made available at the 

request of personnel from the 

commission or any local air 

pollution control agency 

having jurisdiction. Records 

must be maintained for a 

minimum of five years from 

the date of the construction, 

physical change, or change in 

method of operation.

of GHGs above the thresholds in 30 

TAC Section 116.164(a) will be 

authorized using a GHG PSD 

permit. Emissions of GHGs below

these PSD thresholds do not need to 

be authorized by the TCEQ. 

However, it is the responsibility of 

the source owner or operator to 

maintain records for any changes 

resulting in GHG emissions to 

demonstrate that the source is not 

subject to PSD. The rule was also 

amended to provide a minimum 

record retention time. These 

revisions are supported through the 

State’s record at 39 TexReg 2914, 

April 11, 2014 and at the time of 

the State’s adoption, were 

consistent with the federal 

requirements for GHG PSD 

permitting.

However, as detailed in Section 

II.D of this TSD, EPA is not acting 

at this time on any provisions 

pertaining to permitting of nonanyway sources and modifications.

Therefore, the adopted and 

submitted provisions at 30 TAC 

Section 116.164(b) will not be part 

of the Texas SIP.

30 TAC Section 116.169. 

Greenhouse Gases (GHGs) 

Application Transition

Upon the effective date of the 

United States Environmental 

Protection Agency (EPA) approval 

of this chapter and rescission of the 

Federal Implementation Plan as 

published in the May 3, 2011, issue 

of the Federal Register (76 FR 

25178), the commission will accept 

transfer of and review applications 

previously filed with EPA for 

greenhouse gas prevention of 

30 TAC Section 116.169.

Greenhouse Gases (GHGs)

Program Application Transitions

a. Upon the effective date of the 

United States Environmental 

Protection Agency (EPA) 

approval of this chapter and 

rescission of the Federal 

Implementation Plan as 

published in the May 3, 2011, 

issue of the Federal Register 

(76 FR 25178), the 

commission will accept 

transfer of and review 

The TCEQ adopted revisions to the 

section heading for 30 TAC Section 

116.169. This is a non-substantive 

revision.

The language proposed at 30 TAC 

Section 116.169 has been moved, 

without change, to new 

subparagraph 30 TAC Section 

116.169(a). This is a nonsubstantive revision.

The TCEQ also adopted revisions 

to 30 TAC Section 116.169 to add 
23

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

significant deterioration permits. 

These applications will be subject 

to the applicable requirements of 

this chapter.

applications previously filed 

with EPA for greenhouse gas 

prevention of significant 

deterioration permits. These 

applications will be subject to 

the applicable requirements of 

this chapter.

b. Section 116.164 of this title 

(relating to Prevention of 

Significant Deterioration 

Applicability for Greenhouse 

Gas Sources) will not apply to 

greenhouse gases at a source 

that would not be subject to 

Prevention of Significant 

Deterioration Review for 

greenhouse gases under a 

change in federal law on or 

after March 26, 2014.

new subparagraph (b). However, 30 

TAC Section 116.169(b) has not 

been submitted as a revision to the 

Texas SIP.

30 TAC Section 116.610

...

b. Any project that constitutes a 

new major stationary source or 

major modification as defined 

in §116.12 of this title (relating 

to Nonattainment and 

Prevention of Significant 

Deterioration Review 

Definitions) because of 

emissions of air contaminants 

other than greenhouse gases is 

subject to the requirements of § 

116.110 of this title (relating to 

Applicability) rather than this 

subchapter. A new major 

stationary source or major 

modification which is subject 

to Subchapter B, Division 6 of 

this chapter (relating to 

Prevention of Significant 

Deterioration Review) due 

solely to emissions of 

greenhouse gases may use a 

standard permit under this 

chapter for air contaminants 

that are not greenhouse gases.

30 TAC Section 116.610

...

b. Any project that constitutes a 

new major stationary source or 

major modification as defined 

in §116.12 of this title (relating 

to Nonattainment and 

Prevention of Significant 

Deterioration Review 

Definitions) because of 

emissions of air contaminants 

other than greenhouse gases is 

subject to the requirements of § 

116.110 of this title (relating to 

Applicability) rather than this 

subchapter. Notwithstanding 

any provision in any specific 

standard permit to the contrary, 

any project that constitutes a A

new major stationary source or 

major modification which is 

subject to Subchapter B, 

Division 6 of this chapter 

(relating to Prevention of 

Significant Deterioration 

Review) due solely to 

emissions of greenhouse gases 

may use a standard permit 

under this chapter for air 

The TCEQ adopted revisions to 30 

TAC Section 116.610(b) to clarify 

that GHGs are not permitted 

through a Standard Permit. 

Additionally, the revisions further 

clarify that source which is subject 

to PSD solely because of GHGs 

emissions may permit the 

remaining pollutants through a 

Standard Permit. At the time of the 

state’s adoption, this revision was 

supported through the state’s record 

and was consistent with EPA’s 

federal permitting requirements for 

GHGs. 

However, as detailed in Section 

II.D of this TSD, EPA is not acting 

at this time on any provisions 

pertaining to permitting of nonanyway sources and modifications.

Therefore, the adopted revisions to 

30 TAC Section 116.610(b) will not 

be acted on at this time. The 

existing SIP-approved provisions 

for 30 TAC Section 116.610(b) 

remain in effect.
24

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

contaminants that are not 

greenhouse gases.

30 TAC Section 116.611(c)

...

3. Certified registrations 

established for greenhouse 

gases (as defined in § 101.1 of 

this title (relating to 

Definitions)) on or after the 

effective date of EPA’s final 

action approving amendments 

to § 122.122 of this title 

(relating to Potential to Emit) 

into the State Implementation 

Plan:

A. For existing sites that emit 

or have the potential to 

emit greenhouse gases, no 

later than 90 days after the 

effective date of EPA’s 

final action on § 122.122 

of this title; or

B. For new sites that emit or 

have the potential to emit 

greenhouse gases, no later 

than the date of operation.

30 TAC Section 116.611(c)

...

3. Certified registrations 

established for greenhouse 

gases (as defined in § 101.1 of 

this title (relating to 

Definitions)) on or after the 

effective date of EPA’s final 

action approving amendments 

to § 122.122 of this title 

(relating to Potential to Emit) 

into the State Implementation 

Plan shall be submitted:

A. For existing sites that emit 

or have the potential to 

emit greenhouse gases, no 

later than 12 months 90 

days after the effective 

date of EPA’s final action

approving amendments to 

on § 122.122 of this title as 

a revision to the Federal 

Operating Permits 

Program; or

B. For new sites that emit or 

have the potential to emit 

greenhouse gases, no later 

than the date of operation.

The adopted revisions at 30 TAC 

Section 116.611(c) clarify the 

timing requirements for potential to 

emit certifications. The requirement

for a PTE certification is triggered 

by EPA’s approval of the GHG SIP 

revisions. The sources will have 12 

months from the date of EPA’s 

approval of the Texas GHG Title V 

amendments to submit a 

certification. This revision is 

supported by the state’s record. 

However, as detailed in Section 

II.D of this TSD, EPA is not acting 

at this time on any provisions 

pertaining to permitting of nonanyway sources and modifications. 

Therefore, the adopted revisions to 

30 TAC Section 116.11(c) will not 

be acted on at this time. The Texas 

SIP will not contain the provisions 

at 30 TAC Section 116.611(c)(3), 

(c)(3)(A), or (c)(3)(B).

30 TAC Section 122.122(e)

...

3. Certified registrations 

established for greenhouse 

gases (GHGs) (as defined in § 

101.1 of this title (relating to

Definitions)) on or after the 

effective date of the United 

States Environmental 

Protection Agency’s final 

action approving amendments 

to the section shall be 

submitted:

A. for existing sites that 

emit or have the potential 

to emit GHGs, no later 

than 90 days after the 

effective date of EPA’s 

30 TAC Section 122.122(e)

...

3. Certified registrations 

established for greenhouse 

gases (GHGs) (as defined in § 

101.1 of this title (relating to 

Definitions)) on or after the 

effective date of the United 

States Environmental 

Protection Agency’s final 

action approving amendments 

to the section into the State 

Implementation Plan (SIP) 

shall be submitted:

A. for existing sites that 

emit or have the potential 

to emit GHGs, no later 

than 12 months 90 days

The adopted revisions at 30 TAC 

Section 122.122(e)(3) clarify the 

timing requirements for potential to 

emit certifications. The requirement 

for a PTE certification is triggered 

by EPA’s approval of the GHG SIP 

revisions. The sources will have 12 

months from the date of EPA’s 

approval of the Texas GHG Title V 

amendments to submit a 

certification. This revision is 

supported by the state’s record and 

at the time of the State’s adoption 

was consistent with the federal 

intent for GHG permitting. 

However, as detailed in Section 

II.D of this TSD, EPA is not acting 
25

Table 1: EPA’s Evaluation of Changes Adopted by TCEQ after EPA’s Proposed Approval

Language Proposed For 

Approval by EPA

February 18, 2014

79 FR 9123

Provisions Adopted by TCEQ 

(revisions indicated as 

underline/strikethrough)

Adopted on March 26, 2014

Submitted as a SIP Revision on 

April 16, 2014

EPA’s Evaluation of the 

Revisions

final action on this 

section; or

B. for new sites that emit or 

have the potential to emit 

GHGs, no later than the 

date of operation.

after the effective date of 

EPA’s final action 

approving amendments 

to on this section as a 

revision to the Federal 

Operating Permits 

Program; or

B. for new sites that emit or 

have the potential to emit 

GHGs, no later than the 

date of operation.

at this time on any provisions 

pertaining to permitting of nonanyway sources and modifications.

Therefore, the adopted and 

submitted revisions to 30 TAC 

Section 122.122(e)(3), (e)(3)(A), 

and (e)(3)(B) will not be part of the 

Texas SIP.
26

D. Evaluation of the June 23, 2014 SCOTUS UARG v. EPA Decision

On June 23, 2014, the Supreme Court of the United States (SCOTUS) issued a decision 

addressing the application of stationary source permitting requirements to GHGs in Utility Air 

Regulatory Group (UARG) v. EPA (No. 12-1146). In this decision, the SCOTUS affirmed in part 

and reversed in part the decision of the lower court (the U.S. Court of Appeals for the District of 

Columbia Circuit). In affirming the lower court, the Supreme Court held that the EPA has the 

authority to regulate GHGs for sources already subject to the PSD permitting requirements. 

Thus, the Clean Air Act continues to require GHG BACT for any new source or modification 

that is subject to PSD based on emissions of pollutants other than GHGs (anyway sources). 

However, the Court stated that EPA did not have the authority to require that sources obtain PSD 

permits solely based on the amount of their emissions of GHGs (Tailoring Rule Step 2 or nonanyway sources). Court proceedings are ongoing in the D.C. Circuit to determine a potential 

remedy that may pertain to which parts of EPA’s PSD regulation at 40 C.F.R. 51.166 are vacated 

or remanded for revision by EPA. After this process concludes, EPA anticipates that it will need 

to take additional action to revise 40 C.F.R. 51.166. Pending these developments, at this time 

EPA is only approving the portions of the April 16, 2014, Texas SIP submittal that apply to 

anyway sources and that are still required under the Clean Air Act to comply with the BACT 

requirement for GHGs. Following is our analysis of the extent to which it is appropriate for EPA 

to take action at this time on the submitted revisions following the SCOTUS decision.7

1. Submitted Revisions Unaffected by the June 23, 2014 SCOTUS GHG Decision

a) 30 TAC Chapter 39 – Public Notice

EPA finds that all revisions submitted to the public notice provisions at 30 TAC Chapter 39 are 

approvable and are still appropriate after the UARG v. EPA decision. As described in the TSD 

for our February 18, 2014 proposal, the Public Notice provisions at 30 TAC Chapter 39 are 

germane to all GHG PSD permits in Texas, not just the permits for non-anyway sources. As 

such, EPA finds that the public notice provisions are associated with the Texas PSD program for 

anyway GHG PSD permitting and should be approved at this time as proposed. Therefore, EPA 

is proceeding with a final approval, as proposed via parallel processing and revised as discussed 

in Section II. C of this TSD, for 30 TAC Sections 39.411(e)(11), (e)(15), (e)(16), (f)(4), (f)(8), 

39.412(a) – (d), 39.419(e)(1), and 39.420(e)(4).

b) 30 TAC Chapter 101 – General Air Quality Rules

EPA finds that all revisions submitted to the General Air Quality rules at 30 TAC Chapter 101 

are approvable and are still appropriate after the UARG v. EPA decision. As described in the 

TSD for our February 18, 2014 proposal, the General Air Quality Rules are germane to the entire 

Texas air program. These provisions serve to establish general definitions that provide the TCEQ 

the authority to recognize GHGs as a pollutant. These requirements are separate from the nonanyway GHG permitting requirements. Therefore, EPA is proceeding with a final approval, as 

proposed via parallel processing and revised as discussed in Section II of this TSD, for 30 TAC 

Sections 101.1, 101.10, and 101.201.

 

7 Additionally, the TCEQ submitted a clarification letter dated October 1, 2014, which supports our determination 

that the non-anyway provisions adopted on March 26, 2014 and submitted on April 16, 2014, should not be acted on 

at this time and instead should be addressed at a later date.
27

2. Submitted Revisions Impacted by the June 23, 2014 SCOTUS GHG Decision

a) 30 TAC Chapter 106 – Permits by Rule

EPA finds that some of the adopted and submitted revisions to the PBR program at 30 TAC Chapter 106 are likely no longer 

appropriate after the UARG v. EPA decision because they relate to permitting of GHGs for non-anyway sources. As such, we have 

evaluated all revisions submitted to 30 TAC Chapter 106 to determine whether EPA should defer action on such provisions pending 

further developments. Following is an analysis of all the revisions to Chapter 106 with notations of which are still supportable by 

EPA.

Table 2 – Evaluation of 30 TAC Chapter 106 with UARG Decision EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 106.2 – Applicability. 

SIP Approved November 14, 2003.

As adopted by TCEQ on August 9, 2000.

This chapter applies to certain types of facilities or 

changes within facilities listed in this chapter where 

construction is commenced on or after the effective date 

of the relevant permit by rule.

Revisions to 30 TAC 106.2.

Adopted March 26, 2014

Submitted April 16, 2014

This chapter applies to certain types of facilities or 

changes within facilities listed in this chapter where 

construction is commenced on or after the effective date 

of the relevant permit by rule. This chapter does not 

apply to emissions of greenhouse gases (as defined in § 

101.1 of this title (relating to Definitions)).

Revisions to 30 TAC 106.2 continue to 

be approvable. This revision states that 

PBRs cannot be used to authorize 

emissions of GHGs. This is consistent 

with EPA’s interpretation that PBRs 

cannot be used to satisfy Clean Air Act 

PSD permitting requirements for 

major sources or major modifications 

and that GHGs are only regulated 

through PSD.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

a) To qualify for a permit by rule, the following general requirements must be met

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by 

Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

1) Total actual emissions authorized under permit 

by rule from the facility shall not exceed 250 

tons per year (tpy) of carbon monoxide (CO) or 

nitrogen oxides (NOx ); or 25 tpy of volatile 

organic compounds (VOC) or sulfur dioxide 

(SO2 ) or inhalable particulate matter (PM); or 

15 tpy of particulate matter with diameters of 

Revisions to 30 TAC 106.2.

Adopted March 26, 2014

Submitted April 16, 2014

(a) continued...

1) Total actual emissions authorized under permit by 

rule from the facility shall not exceed the following 

limits, as applicable:

A. 250 tons per year (tpy) of carbon monoxide 

(CO) or nitrogen oxides (NOx ); or

B. 25 tpy of volatile organic compounds (VOC),

or sulfur dioxide (SO2), or inhalable 

particulate matter (PM); or

The revision to 30 TAC Section 

106.4(a)(1) is likely no longer needed

post the UARG decision. This revision 

adopted by the TCEQ speaks directly 

to the permitting of non-anyway 

sources. Post UARG, EPA is not 

applying or enforcing regulations that 

would require GHG PSD permits for 

non-anyway sources or modifications.

EPA is not taking action on this 

provision at this time. Once more is 
28

Table 2 – Evaluation of 30 TAC Chapter 106 with UARG Decision EPA’s Evaluation post UARG v. 

EPA Decision

10 microns or less (PM10); or 10 tpy of 

particulate matter with diameters of 2.5 microns 

or less (PM2.5); or 25 tpy of any other air 

contaminant except carbon dioxide, water, 

nitrogen, methane, ethane, hydrogen, and 

oxygen.

C. 15 tpy of particulate matter with diameters of

10 microns or less (PM10); o

D. 10 tpy of particulate matter with diameters of 

2.5 microns or less (PM2.5);

E. 25 tpy of any other air contaminant except:

i. carbon dioxide, water, nitrogen, 

methane, ethane, hydrogen, and oxygen; 

and .

ii. notwithstanding any provision in any 

specific permit by rule to the contrary, 

greenhouse gases as defined in § 101.1 

of this title (relating to Definitions).

known about the revisions to 40 CFR 

51.166 and 52.21 that EPA will need 

to propose, EPA can consult with the 

TCEQ on the best course for action. 

Possible action could include 

withdrawal from SIP consideration by 

the state or disapproval by EPA.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

2) Any facility or group of facilities, which constitutes a new major stationary source, as defined in §116.12 of 

this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions), or any 

modification which constitutes a major modification, as defined in §116.12 of this title, under the new source 

review requirements of the Federal Clean Air Act (FCAA), Part D (Nonattainment) as amended by the FCAA 

Amendments of 1990, and regulations promulgated thereunder, must meet the permitting requirements of 

Chapter 116, Subchapter B of this title (relating to New Source Review Permits) and cannot qualify for a 

permit by rule under this chapter. Persons claiming a permit by rule under this chapter should see the 

requirements of §116.150 of this title (relating to New Major Source or Major Modification in Ozone 

Nonattainment Areas) to ensure that any applicable netting requirements have been satisfied

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by 

Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

3) Any facility or group of facilities, which 

constitutes a new major stationary source, as 

defined in 40 Code of Federal Regulations 

(CFR) §52.21, or any change which constitutes 

a major modification, as defined in 40 CFR 

§52.21, under the new source review 

requirements of the FCAA, Part C (Prevention 

of Significant Deterioration) as amended by the 

Revisions to 30 TAC 106.2.

Adopted March 26, 2014

Submitted April 16, 2014

(a) continued...

3) Any facility or group of facilities, which 

constitutes a new major stationary source, as 

defined in 40 Code of Federal Regulations 

(CFR) §52.21, or any change which constitutes 

a major modification, as defined in 40 CFR 

§52.21, under the new source review 

requirements of the FCAA, Part C (Prevention 

of Significant Deterioration) as amended by the 

FCAA Amendments of 1990, and regulations 

The revision to 30 TAC 106.4(a)(3) is 

likely no longer needed post UARG 

decision. This revision adopted by the 

TCEQ speaks directly to the 

permitting of non-anyway sources. 

Post UARG, EPA is not applying or 

enforcing regulations that would 

require GHG PSD permits for nonanyway sources or modifications. 

EPA is not taking action on this 

provision at this time. Once more is 

known about the revisions to 40 CFR 
29

Table 2 – Evaluation of 30 TAC Chapter 106 with UARG Decision EPA’s Evaluation post UARG v. 

EPA Decision

FCAA Amendments of 1990, and regulations 

promulgated thereunder, must meet the 

permitting requirements of Chapter 116, 

Subchapter B of this title and cannot qualify for 

a permit by rule under this chapter.

promulgated thereunder because of emissions 

of air contaminants other than greenhouse 

gases, must meet the permitting requirements of 

Chapter 116, Subchapter B of this title and 

cannot qualify for a permit by rule under this 

chapter. Notwithstanding any provision in any 

specific permit by rule to the contrary, a new 

major stationary source or major modification 

which is subject to Chapter 116, Subchapter B, 

Division 6 of this title due solely to emissions 

of greenhouse gases may use a permit by rule 

under this chapter for air contaminants that are 

not greenhouse gases. However, facilities or 

projects which require a prevention of 

significant deterioration permit due to 

emissions of greenhouse gases may not 

commence construction or operation until the 

prevention of significant deterioration permit is 

issued.

51.166 and 52.21 that EPA will need 

to propose, EPA can consult with the 

TCEQ on the best course for action. 

30 TAC Section 106.4 – Requirements for Permitting by 

Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

4) Unless at least one facility at an account has 

been subject to public notification and comment 

as required in Chapter 116, Subchapter B or 

Subchapter D of this title (relating to New 

Source Review Permits or Permit Renewals), 

total actual emissions from all facilities 

permitted by rule at an account shall not exceed 

250 tpy of CO or NO x ; or 25 tpy of VOC or 

SO2 or PM; or 15 tpy of PM10; or 10 tpy of 

PM2.5; or 25 tpy of any other air contaminant 

except carbon dioxide, water, nitrogen, 

methane, ethane, hydrogen, and oxygen.

Revisions to 30 TAC 106.2.

Adopted March 26, 2014

Submitted April 16, 2014

(a) continued...

4) Unless at least one facility at an account has 

been subject to public notification and comment 

as required in Chapter 116, Subchapter B or 

Subchapter D of this title (relating to New 

Source Review Permits or Permit Renewals), 

total actual emissions from all facilities 

permitted by rule at an account shall not exceed 

250 tpy of CO or NOX; or 25 tpy of VOC or 

SO2 or PM; or 15 tpy of PM10; or 10 tpy of 

PM2.5; or 25 tpy of any other air contaminant 

except carbon dioxide, water, nitrogen, 

methane, ethane, hydrogen, and oxygen, and 

GHGs (as specified in § 106.2 of this title

(relating to Applicability)).

The revision to 30 TAC Section 

106.4(a)(4) is likely no longer needed

post the UARG decision. This revision 

adopted by the TCEQ speaks directly 

to the permitting of non-anyway 

sources. Post UARG, EPA is not 

applying or enforcing regulations that 

would require GHG PSD permits for 

non-anyway sources or modifications.

EPA is not taking action on this 

provision at this time. Once more is 

known about the revisions to 40 CFR 

51.166 and 52.21 that EPA will need 

to propose, EPA can consult with the 

TCEQ on the best course for action. 
30

Table 2 – Evaluation of 30 TAC Chapter 106 with UARG Decision EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

5) Construction or modification of a facility commenced on or after the effective date of a revision of this 

section or the effective date of a revision to a specific permit by rule in this chapter must meet the revised 

requirements to qualify for a permit by rule.

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

6) A facility shall comply with all applicable provisions of the FCAA, §111 (Federal New Source 

Performance Standards) and §112 (Hazardous Air Pollutants), and the new source review requirements of 

the FCAA, Part C and Part D and regulations promulgated thereunder.

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

7) There are no permits under the same commission account number that contain a condition or conditions 

precluding the use of a permit by rule under this chapter.

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

(a) continued...

8) The proposed facility or group of facilities shall obtain allowances for NOX if they are subject to Chapter 

101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program).

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

b) No person shall circumvent by artificial limitations the requirements of §116.110 of this title (relating to 

Applicability.

No changes. Language provided for 

context.

30 TAC Section 106.4 – Requirements for Permitting by Rule

SIP-Approved May 30, 2014.

As adopted by the TCEQ on April 20, 2011.

c) The emissions from the facility shall comply with all rules and regulations of the commission and with the intent 

of the Texas Clean Air Act (TCAA), including protection of health and property of the public, and all emissions 

control equipment shall be maintained in good condition and operated properly during operation of the facility.

No changes. Language provided for 

context.
31

Table 2 – Evaluation of 30 TAC Chapter 106 with UARG Decision EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 106.4 – Requirements for Permitting by 

Rule

SIP-Approved May 30, 2014. As adopted by the TCEQ 

on April 20, 2011.

d) Facilities permitted by rule under this chapter are 

not exempted from any permits or registrations 

required by local air pollution control agencies. Any 

such requirements must be in accordance with 

TCAA, §382.113 and any other applicable law.

Revisions to 30 TAC 106.2.

Adopted March 26, 2014

Submitted April 16, 2014

d) Facilities permitted by rule under this chapter are 

not exempted from any permits or registrations 

required by local air pollution control 

agencies. Any such requirements must be in 

accordance with Texas Health and Safety Code 

TCAA, §382.113 and any other applicable law.

Proposed revision to 30 TAC Section 

106.4(d) corrects an internal crossreference to the Texas Health and 

Safety Code. 

Revision is still approvable.

Based on the analysis presented above in Table 2, EPA is not taking action on the revisions submitted to 30 TAC Section 106.4(a)(1), 

(a)(3), and (a)(4) because they pertain to the permitting of GHGs for non-anyway sources. EPA is proceeding with a final approval, 

(as proposed via parallel processing and revised), as discussed in Section II.C of this TSD, for 30 TAC Sections 106.2 and 106.4 (d).

b) 30 TAC Chapter 116 – Control of Air Pollution by Permits for New Construction or Modification 

EPA finds that some of the adopted and submitted revisions to the Texas New Source Review Program at 30 TAC Chapter 116 are 

likely no longer appropriate after the UARG v. EPA decision because they relate to permitting of GHGs for non-anyway sources. As 

such, we have evaluated all revisions submitted to 30 TAC Chapter 116 to determine whether EPA should defer action at this time on 

such provisions pending further developments. Following is an analysis of all the revisions to Chapter 116 with notations of which are

still supportable by EPA

(1) Revisions to 30 TAC Section 116.12 – Nonattainment and Prevention of Significant Deterioration Review Definitions

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

Unless specifically defined in the Texas Clean Air Act 

(TCAA) or in the rules of the commission, the terms 

used by the commission have the meanings commonly 

ascribed to them in the field of air pollution control. The 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

Unless specifically defined in the Texas Clean Air Act 

(TCAA) or in the rules of the commission, the terms 

used by the commission have the meanings commonly 

ascribed to them in the field of air pollution control. The 

Proposed revision clarifies the 

applicability of 30 TAC Section 

116.12 by deleting the statement that 

the definitions are only applicable to 

NNSR permitting in nonattainment 

areas. The definitions are applicable to 

all NNSR and PSD permitting, not 
32

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

terms in this section are applicable to permit review for 

major source construction and major source modification 

in nonattainment areas. In addition to the terms that are 

defined by the TCAA, and in §101.1 of this title (relating 

to Definitions), the following words and terms, when 

used in Chapter 116, Subchapter B, Divisions 5 and 6 of 

this title (relating to Nonattainment Review Permits and 

Prevention of Significant Deterioration Review); and 

Chapter 116, Subchapter C, Division 1 of this title 

(relating to Plant-Wide Applicability Limits), have the 

following meanings, unless the context clearly indicates 

otherwise.

terms in this section are applicable to permit review for 

major source construction and major source modification 

in nonattainment areas. In addition to the terms that are 

defined by the TCAA, and in §101.1 of this title (relating 

to Definitions), the following words and terms, when 

used in Chapter 116, Subchapter B, Divisions 5 and 6 of 

this title (relating to Nonattainment Review Permits and 

Prevention of Significant Deterioration Review); and 

Chapter 116, Subchapter C, Division 1 of this title 

(relating to Plant-Wide Applicability Limits), have the 

following meanings, unless the context clearly indicates 

otherwise.

just permitting of non-anyway 

sources. Therefore, EPA finds that it 

should proceed to approve this

adopted and submitted revision to 30 

TAC Section 116.12, after the UARG 

v. EPA decision.

Revision is still approvable

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

1) Actual emissions--Actual emissions as of a particular date are equal to the average rate, in tons per year, at which 

the unit actually emitted the pollutant during the 24-month period that precedes the particular date and that is 

representative of normal source operation, except that this definition shall not apply for calculating whether a 

significant emissions increase has occurred, or for establishing a plant-wide applicability limit. Instead, paragraph 

(3) of this section relating to baseline actual emissions shall apply for this purpose. The executive director shall 

allow the use of a different time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types 

of materials processed, stored, or combusted during the selected time period. The executive director may presume 

that the source-specific allowable emissions for the unit are equivalent to the actual emissions, e.g., when the 

allowable limit is reflective of actual emissions. For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the potential to emit of the unit on that date.

No changes proposed. Rule language 

provided for context and to assist 

reader in reviewing the changes 

proposed to the Texas NNSR and PSD 

Review Definitions for GHG PSD 

permitting.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

2) Allowable emissions--The emissions rate of a stationary source, calculated using the maximum rated capacity of 

the source (unless the source is subject to federally enforceable limits that restrict the operating rate, or hours of 

operation, or both), and the most stringent of the following:

A. the applicable standards specified in 40 Code of Federal Regulations Part 60 or 61;

B. the applicable state implementation plan emissions limitation including those with a future compliance date; 

or

C. the emissions rate specified as a federally enforceable permit condition including those with a future 

compliance date.

No changes proposed. Rule language 

provided for context and to assist 

reader in reviewing the changes 

proposed to the Texas NNSR and PSD 

Review Definitions for GHG PSD 

permitting.
33

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

3) Baseline actual emissions--The rate of emissions, in tons per year, of a federally regulated new source review 

pollutant.

A. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in 

tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period 

selected by the owner or operator within the five-year period immediately preceding when the owner or 

operator begins actual construction of the project. The executive director shall allow the use of a

different time period upon a determination that it is more representative of normal source operation.

B. For an existing facility (other than an electric utility steam generating unit), baseline actual emissions means 

the average rate, in tons per year, at which the facility actually emitted the pollutant during any consecutive 

24-month period selected by the owner or operator within the ten-year period immediately preceding either 

the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received for a permit. The rate shall be adjusted downward to exclude any emissions that 

would have exceeded an emission limitation with which the major stationary source must currently comply 

with the exception of those required under 40 Code of Federal Regulations Part 63, had such major 

stationary source been required to comply with such limitations during the consecutive 24-month period.

C. For a new facility, the baseline actual emissions for purposes of determining the emissions increase that will 

result from the initial construction and operation of such unit shall equal zero; and for all other purposes 

during the first two years following initial operation, shall equal the unit's potential to emit.

D. The actual average rate shall be adjusted downward to exclude any non-compliant emissions that occurred 

during the consecutive 24-month period. For each regulated new source review pollutant, when a project 

involves multiple facilities, only one consecutive 24-month period must be used to determine the baseline 

actual emissions for the facilities being changed. A different consecutive 24-month period can be used for 

each regulated new source review pollutant. The average rate shall not be based on any consecutive 24-

month period for which there is inadequate information for determining annual emissions, in tons per year, 

and for adjusting this amount. Baseline emissions cannot occur prior to November 15, 1990.

E. The actual average emissions rate shall include fugitive emissions to the extent quantifiable. Until March 1, 

2016, emissions previously demonstrated as resulting from planned maintenance, startup, or shutdown 

activities; historically unauthorized; and subject to reporting under Chapter 101 of this title (relating to 

General Air Quality Rules) shall be included to the extent that they have been authorized, or are being 

authorized.

No changes proposed. Rule language 

provided for context and to assist 

reader in reviewing the changes 

proposed to the Texas NNSR and PSD 

Review Definitions for GHG PSD 

permitting.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

4) Basic design parameters--For a process unit at a steam electric generating facility, the owner or operator may 

select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption 

No changes proposed. Rule language 

provided for context and to assist 

reader in reviewing the changes 

proposed to the Texas NNSR and PSD 
34

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption 

specifications in terms of weight or volume, the minimum fuel quality based on British thermal units content 

shall be used for determining the basic design parameters for a coal-fired electric utility steam generating unit. 

The basic design parameters for any process unit that is not at a steam electric generating facility are maximum 

rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion 

process units will typically use maximum rate of fuel input. For sources having multiple end products and raw 

materials, the owner or operator shall consider the primary product or primary raw material when selecting a 

basic design parameter. The owner or operator may propose an alternative basic design parameter for the 

source's process units to the executive director if the owner or operator believes the basic design parameter as 

defined in this paragraph is not appropriate for a specific industry or type of process unit. If the executive 

director approves of the use of an alternative basic design parameter, that basic design parameter shall be 

identified and compliance required in a condition in a permit that is legally enforceable.

A. The owner or operator shall use credible information, such as results of historic maximum capability tests, 

design information from the manufacturer, or engineering calculations, in establishing the magnitude of the 

basic design parameter.

B. If design information is not available for a process unit, the owner or operator shall determine the process 

unit's basic design parameter(s) using the maximum value achieved by the process unit in the five-year 

period immediately preceding the planned activity.

C. Efficiency of a process unit is not a basic design parameter.

Review Definitions for GHG PSD 

permitting.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

5) Begin actual construction--In general, initiation of physical on-site construction activities on an emissions unit 

that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and

foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a 

change in method of operation, this term refers to those on-site activities other than preparatory activities that mark 

the initiation of the change.

No changes proposed. Rule language 

provided for context and to assist 

reader in reviewing the changes 

proposed to the Texas NNSR and PSD 

Review Definitions for GHG PSD 

permitting.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

6) Building, structure, facility, or installation--All of the pollutant-emitting activities that belong to the same 

industrial grouping, are located in one or more contiguous or adjacent properties, and are under the control of the 

same person (or persons under common control). Pollutant-emitting activities are considered to be part of the same 

industrial grouping if they belong to the same "major group" (i.e., that have the same two-digit code) as described 

in the Standard Industrial Classification Manual, 1972, as amended by the 1977 supplement.

No changes proposed. Rule language 

provided for context and to assist 

reader in reviewing the changes 

proposed to the Texas NNSR and PSD 

Review Definitions for GHG PSD 

permitting.
35

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

7) Carbon dioxide equivalent (CO2e) emissions shall represent an amount of greenhouse gases (GHGs) emitted, 

and shall be computed by multiplying the mass amount of emissions in tons per year (tpy) for the GHGs, as 

defined in § 101.1 of this title (relating to Definitions), by the gas’s associated global warming potential as 

published in 40 Code of Federal Regulations Part 98, Subpart A, Table A-1 Global Warming Potentials, and 

summing the resultant values. 

New proposed definition 30 TAC 

Section 116.12(7)(A) is consistent 

with the federal requirements for 

CO2equivalent emissions and the 

requirements for calculating amount 

of GHGs emitted using GWPs. This 

definition is used for permitting of 

GHG anyway source emissions and is 

therefore still needed to satisfy CAA 

requirements after the UARG v. EPA 

decision.

This revision is approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

7) Clean coal technology--Any technology, including 

technologies applied at the precombustion, 

combustion, or post-combustion stage, at a new or 

existing facility that will achieve significant 

reductions in air emissions of sulfur dioxide or 

oxides of nitrogen associated with the utilization of 

coal in the generation of electricity, or process steam 

that was not in widespread use as of November 15,

1990.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

8) (7) Clean coal technology--Any technology, 

including technologies applied at the 

precombustion, combustion, or post-combustion 

stage, at a new or existing facility that will achieve 

significant reductions in air emissions of sulfur 

dioxide or oxides of nitrogen associated with the 

utilization of coal in the generation of electricity, or 

process steam that was not in widespread use as of 

November 15, 1990.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

8) Clean coal technology demonstration project--A 

project using funds appropriated under the heading 

"Department of Energy-Clean Coal Technology," up 

to a total amount of $2.5 billion for commercial 

demonstration of clean coal technology, or similar 

projects funded through appropriations for the 

United States Environmental Protection Agency. 

The federal contribution for a qualifying project 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

9) (8) Clean coal technology demonstration project-

-A project using funds appropriated under the 

heading "Department of Energy-Clean Coal 

Technology," up to a total amount of $2.5 billion for 

commercial demonstration of clean coal technology, 

or similar projects funded through appropriations 

for the United States Environmental Protection 

Agency. The federal contribution for a qualifying 

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.
36

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

shall be at least 20% of the total cost of the 

demonstration project.

project shall be at least 20% of the total cost of the 

demonstration project.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

9) Commence--As applied to construction of a major 

stationary source or major modification, means that 

the owner or operator has all necessary 

preconstruction approvals or permits and either has:

(A) begun, or caused to begin, a continuous 

program of actual on-site construction of the source, 

to be completed within a reasonable time; or

(B) entered into binding agreements or 

contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner or 

operator, to undertake a program of actual 

construction of the source to be completed within a 

reasonable time.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

10) (9) Commence--As applied to construction of a 

major stationary source or major modification, means 

that the owner or operator has all necessary 

preconstruction approvals or permits and either has:

(A) begun, or caused to begin, a continuous 

program of actual on-site construction of the source, 

to be completed within a reasonable time; or

(B) entered into binding agreements or 

contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner or 

operator, to undertake a program of actual 

construction of the source to be completed within a 

reasonable time.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

10) Construction--Any physical change or change in 

the method of operation (including fabrication, 

erection, installation, demolition, or modification of 

an emissions unit) that would result in a change in 

actual emissions.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

11) (10) Construction--Any physical change or 

change in the method of operation (including 

fabrication, erection, installation, demolition, or 

modification of an emissions unit) that would result 

in a change in actual emissions.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

11) Contemporaneous period--For major sources the 

period between:

(A) the date that the increase from the 

particular change occurs; and

(B) 60 months prior to the date that 

construction on the particular change commences.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

12) (11)Contemporaneous period--For major 

sources the period between:

(A) the date that the increase from the 

particular change occurs; and

(B) 60 months prior to the date that 

construction on the particular change commences.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.
37

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

12) De minimis threshold test (netting)--A method of 

determining if a proposed emission increase will 

trigger nonattainment or prevention of significant 

deterioration review. The summation of the 

proposed project emission increase in tons per year 

with all other creditable source emission increases 

and decreases during the contemporaneous period is 

compared to the significant level for that pollutant. 

If the significant level is exceeded, then prevention 

of significant deterioration and/or nonattainment 

review is required.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

13) (12) De minimis threshold test (netting)--A 

method of determining if a proposed emission 

increase will trigger nonattainment or prevention of 

significant deterioration review. The summation of 

the proposed project emission increase in tons per 

year with all other creditable source emission 

increases and decreases during the contemporaneous 

period is compared to the significant level for that 

pollutant. If the significant level is exceeded, then 

prevention of significant deterioration and/or 

nonattainment review is required.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

13) Electric utility steam generating unit--Any steam 

electric generating unit that is constructed for the 

purpose of supplying more than one-third of its 

potential electric output capacity and more than 25 

megawatts electrical output to any utility power 

distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of 

providing steam to a steam-electric generator that 

would produce electrical energy for sale is included 

in determining the electrical energy output capacity 

of the affected facility.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

14) (13) Electric utility steam generating unit--

Any steam electric generating unit that is constructed 

for the purpose of supplying more than one-third of 

its potential electric output capacity and more than 25 

megawatts electrical output to any utility power 

distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of 

providing steam to a steam-electric generator that 

would produce electrical energy for sale is included 

in determining the electrical energy output capacity 

of the affected facility.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

14) Federally regulated new source review pollutant-

-As defined in subparagraphs (A) - (D) of this 

paragraph:

(A) any pollutant for which a national 

ambient air quality standard has been promulgated 

and any constituents or precursors for such 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

15) (14) Federally regulated new source review 

pollutant--As defined in subparagraphs (A) – (E) 

(D) of this paragraph:

(A) any pollutant for which a national 

ambient air quality standard has been promulgated 

and any constituents or precursors for such 

The substantive provisions to the 

definition of Federally regulated NSR 

pollutant at 30 TAC Section 

116.12(15) clarify that only GHGs 

that meet or exceed the PSD 

applicability thresholds are considered 

regulated as NSR pollutants. This is 

consistent with the UARG v. EPA

decision that EPA can regulate GHGs 
38

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

pollutants identified by the United States 

Environmental Protection Agency;

(B) any pollutant that is subject to any 

standard promulgated under Federal Clean Air Act 

(FCAA), §111;

(C) any Class I or II substance subject to a 

standard promulgated under or established by 

FCAA, Title VI; or

(D) any pollutant that otherwise is subject to 

regulation under the FCAA; except that any or all 

hazardous air pollutants either listed in FCAA, §112 

or added to the list under FCAA, §112(b)(2), which 

have not been delisted under FCAA, §112(b)(3), are 

not regulated new source review pollutants unless 

the listed hazardous air pollutant is also regulated as 

a constituent or precursor of a general pollutant 

listed under FCAA, §108.

pollutants identified by the United States 

Environmental Protection Agency;

(B) except for greenhouse gases, any 

pollutant that is subject to any standard promulgated 

under Federal Clean Air Act (FCAA), §111;

(C) any Class I or II substance subject to a 

standard promulgated under or established by 

FCAA, Title VI; or

(D) any pollutant that otherwise is subject to 

regulation under the FCAA; except that any or all 

hazardous air pollutants either listed in FCAA, §112 

or added to the list under FCAA, §112(b)(2), which 

have not been delisted under FCAA, §112(b)(3), are 

not regulated new source review pollutants unless 

the listed hazardous air pollutant is also regulated as 

a constituent or precursor of a general pollutant 

listed under FCAA, §108; or.

 (E) greenhouse gases that meet or exceed the 

thresholds established in § 116.164 of this title 

(relating to Prevention of Significant Deterioration 

Applicability for Greenhouse Gases Sources). 

through PSD for anyway sources 

above certain thresholds.

This revision is still approvable.

EPA notes that the Texas PSD 

program applies this definition at 30 

TAC Section 116.12(15) for the 

definition of “federally regulated air 

pollutant” instead of the federal 

definition at 40 CFR 52.21(b)(50) 

when applying BACT in the Texas 

PSD program. The Texas PSD 

program incorporates the PSD BACT 

provisions at 40 CFR 52.21(j).

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

16)Greenhouse gases (GHGs) – as defined in § 101.1 of this title (relating to Definitions).

The new proposed definition for 

GHGs at 30 TAC Section 116.12(16) 

establishes that the definition of 

GHGs used in the PSD program will 

be the same as that proposed in 30 

TAC Section 101.1. Our previous 

analysis in the TSD prepared for our 

proposed rulemaking (February 4, 

2014 and available in the docket for 

this action) demonstrates the 30 TAC 

Section 101.1 proposed definition is 

consistent with federal requirements. 

This revision is still needed to address 

GHGs in PSD permits for anyway 

sources and remains approvable.
39

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

15) Lowest achievable emission rate--For any emitting 

facility, that rate of emissions of a contaminant that 

does not exceed the amount allowable under 

applicable new source performance standards 

promulgated by the United States Environmental 

Protection Agency under 42 United States Code, 

§7411, and that reflects the following:

(A) the most stringent emission limitation 

that is contained in the rules and regulations of any 

approved state implementation plan for a specific 

class or category of facility, unless the owner or 

operator of the proposed facility demonstrates that 

such limitations are not achievable; or

(B) the most stringent emission limitation 

that is achieved in practice by a specific class or 

category of facilities, whichever is more stringent.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

17) (15) Lowest achievable emission rate--For any 

emitting facility, that rate of emissions of a 

contaminant that does not exceed the amount 

allowable under applicable new source performance 

standards promulgated by the United States 

Environmental Protection Agency under 42 United 

States Code, §7411, and that reflects the following:

(A) the most stringent emission limitation that 

is contained in the rules and regulations of any 

approved state implementation plan for a specific 

class or category of facility, unless the owner or 

operator of the proposed facility demonstrates that 

such limitations are not achievable; or

(B) the most stringent emission limitation that 

is achieved in practice by a specific class or category 

of facilities, whichever is more stringent.

Non-substantive change to SIPapproved definition to account for 

renumbering. 

This revision is still approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

16) Major facility--Any facility that emits or has the 

potential to emit 100 tons per year or more of the 

plant-wide applicability limit (PAL) pollutant in an 

attainment area; or any facility that emits or has the 

potential to emit the PAL pollutant in an amount 

that is equal to or greater than the major source 

threshold for the PAL pollutant in Table I of this 

section for nonattainment areas.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

18) Major facility--Any facility that emits or has 

the potential to emit 100 tons per year or more of the 

plant-wide applicability limit (PAL) pollutant in an 

attainment area; or any facility that emits or has the 

potential to emit the PAL pollutant in an amount that 

is equal to or greater than the major source threshold 

for the PAL pollutant in Table I of this section for 

nonattainment areas.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

17) Major stationary source--Any stationary source 

that emits, or has the potential to emit, a threshold 

quantity of emissions or more of any air 

contaminant (including volatile organic compounds 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

19)Major stationary source--Any stationary source that 

emits, or has the potential to emit, a threshold 

quantity of emissions or more of any air contaminant 

(including volatile organic compounds (VOCs)) for 

The substantive revision to the 

definition of major stationary source 

at 30 TAC Section 116.12(19) 

establishes that the major source 

thresholds for GHG emissions for 

PSD permitting are found in 30 TAC 

Section 116.164. The thresholds at 30 
40

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

(VOCs)) for which a national ambient air quality 

standard has been issued. The major source 

thresholds are identified in Table I of this section for 

nonattainment pollutants and the major source 

thresholds for prevention of significant deterioration 

pollutants are identified in 40 Code of Federal 

Regulations (CFR) §51.166(b)(1). A source that 

emits, or has the potential to emit a federally 

regulated new source review pollutant at levels 

greater than those identified in 40 CFR 

§51.166(b)(1) is considered major for all prevention 

of significant deterioration pollutants. A major 

stationary source that is major for VOCs or nitrogen 

oxides is considered to be major for ozone. The 

fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of 

this definition whether it is a major stationary 

source, unless the source belongs to one of the 

categories of stationary sources listed in 40 CFR 

§51.165(a)(1)(iv)(C).

which a national ambient air quality standard has 

been issued, or for greenhouse gases. The major 

source thresholds are identified in Table I of this 

section for nonattainment pollutants and the major 

source thresholds for prevention of significant 

deterioration pollutants are identified in 40 Code of 

Federal Regulations (CFR) §51.166(b)(1). For 

greenhouse gases, the major source thresholds are 

specified in § 116.164 of this title (relating to 

Prevention of Significant Deterioration Applicability 

for Greenhouse Gases Sources). A source that emits, 

or has the potential to emit a federally regulated new 

source review pollutant at levels greater than those 

identified in 40 CFR §51.166(b)(1) is considered 

major for all prevention of significant deterioration 

pollutants. A major stationary source that is major for 

VOCs or nitrogen oxides is considered to be major 

for ozone. The fugitive emissions of a stationary 

source shall not be included in determining for any of 

the purposes of this definition whether it is a major 

stationary source, unless the source belongs to one of 

the categories of stationary sources listed in 40 CFR 

§51.165(a)(1)(iv)(C).

TAC Section 116.164 have been 

previously evaluated in the TSD for 

our February 18, 2014, proposal as 

consistent with federal PSD 

permitting requirements for GHGs. 

However, this revision at 30 TAC 

Section 116.12(19) is likely no longer 

appropriate after the UARG decision 

because it enables GHGs to be 

considered in defining whether a 

source is a major source.

Note that as described later in Section 

II.D of this TSD, EPA is not acting at 

this time on portions of 30 TAC 

Section 116.164 because they 

establish GHG permitting thresholds 

for non-anyway sources.

Therefore, EPA is taking no action at 

this time on the submitted substantive 

revisions to 30 TAC Section 

116.12(19). The existing SIPapproved definition for “major 

stationary source” remains in effect 

and is consistent with the UARG 

decision to not determine a major 

source based on GHG emissions.

EPA is approving the renumbering of 

the definition of “major stationary 

source” adopted on March 26, 2014 

and submitted on April 16, 2014.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

18) Major modification--As follows.

(A) Any physical change in, or change in the 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

20) Major modification--As follows.

(A) Any physical change in, or change in the 

The substantive revisions to the 

definition of major modification at 30 

TAC Section 116.12(20)(A) establish 

that the major modification thresholds

for GHG emissions are found in 30 
41

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

method of operation of a major stationary source 

that causes a significant project emissions increase 

and a significant net emissions increase for any 

federally regulated new source review pollutant. At 

a stationary source that is not major prior to the 

increase, the increase by itself must equal or exceed 

that specified for a major source. At an existing 

major stationary source, the increase must equal or 

exceed that specified for a major modification to be 

significant. The major source and significant 

thresholds are provided in Table I of this section for 

nonattainment pollutants. The major source and 

significant thresholds for prevention of significant 

deterioration pollutants are identified in 40 Code of 

Federal Regulations §51.166(b)(1) and (23), 

respectively.

Figure: 30 TAC §116.12(18)(A)

Table I

Major Source/Major Modification

Emission Thresholds

Pollutant 

designation1

Major 

Source

tons/year

Significant 

Level2

tons/year

Offset Ratio 

minimum

Ozone (VOC,NOX)

3

I marginal 100 40 1.10 to 1

II moderate 100 40 1.15 to 1

III serious 50 25 1.20 to 1

IV severe 25 25 1.30 to 1

CO

I moderate 100 100 1.00 to 14

II serious 50 50 1.00 to 14

SO2 100 40 1.00 to 14

PM10

I moderate 100 15 1.00 to 14

II serious 70 15 1.00 to 14

NOX

5 100 40 1.00 to 14

Lead 100 0.6 1.00 to 14

1 Texas nonattainment area designations as defined in 

§101.1(70) of this title.

method of operation of a major stationary source 

that causes a significant project emissions increase 

and a significant net emissions increase for any 

federally regulated new source review pollutant. At 

a stationary source that is not major prior to the 

increase, the increase by itself must equal or exceed 

that specified for a major source. At an existing 

major stationary source, the increase must equal or 

exceed that specified for a major modification to be 

significant. The major source and significant 

thresholds are provided in Table I of this section for 

nonattainment pollutants. The major source and 

significant thresholds for prevention of significant 

deterioration pollutants are identified in 40 Code of 

Federal Regulations §51.166(b)(1) and (23), 

respectively and in § 116.164 of this title (relating to 

Prevention of Significant Deterioration Applicability 

for Greenhouse Gases Sources).

Figure: 30 TAC § 116.12(20)(A)

Figure: 30 TAC §116.12(18)(A)

Table I

Major Source/Major Modification

Emission Thresholds

Pollutant 

designation1

Major 

Source

tons/year

Significant 

Level2

tons/year

Offset Ratio 

minimum

Ozone (VOC,NOX)

3

I marginal 100 40 1.10 to 1

II moderate 100 40 1.15 to 1

III serious 50 25 1.20 to 1

IV severe 25 25 1.30 to 1

CO

I moderate 100 100 1.00 to 14

II serious 50 50 1.00 to 14

SO2 100 40 1.00 to 14

PM10

I moderate 100 15 1.00 to 14

II serious 70 15 1.00 to 14

TAC Section 116.164. These 

thresholds have been previously 

evaluated in our TSD for the February 

18, 2014 proposal as consistent with 

federal PSD requirements for GHG 

emissions. However, this revision at 

30 TAC Section 116.12(20) is likely 

no longer appropriate after the UARG

decision because it enables GHGs to 

be considered in defining whether a 

modification is an anyway major 

modification.

Note that as described later in Section 

II.D of this TSD, EPA is not acting at 

this time on portions of 30 TAC 

Section 116.164 because they 

establish GHG permitting thresholds 

for non-anyway sources.

Therefore, EPA is taking no action at 

this time on the submitted substantive 

revisions to 30 TAC Section 

116.12(209). The existing SIPapproved definition for “major 

modification” remains in effect and is 

consistent with the UARG decision to 

not determine a major modification 

based on GHG emissions.

The proposed revisions also include 

the non-substantive renumbering of 

the definition of “major modification” 

and non-substantive revisions to the 

Table I to renumber the figure 

consistent with the definition number. 

Also, the specific citation to the 

definition of nonattainment area at 30 
42

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

2 The significant level is applicable only to existing 

major sources and shall be evaluated after netting, unless 

the applicant chooses to apply nonattainment new source 

review (NNSR) directly to the project. The appropriate 

netting triggers for existing major sources of NOx and 

VOC are specified in §116.150 of this title (relating to 

New Major Source or Major Modification in Ozone 

Nonattainment Areas) and for other pollutants are equal 

to the significant level listed in this table.

3 VOC and NOx are precursors to ozone formation and 

should be quantified individually to determine whether a 

source is subject to NNSR under §116.150 of this title.

4 The offset ratio is specified to be greater than 1.00 to 1.

VOC = volatile organic compounds

NOx = oxides of nitrogen

NO2 = nitrogen dioxide

CO = carbon monoxide

SO2 = sulfur dioxide

PM10 = particulate matter with an aerodynamic diameter 

less than or equal to ten microns

5 Applies to the NAAQS for nitrogen dioxide (NO2).

(continued below)

NOX

5 100 40 1.00 to 14

Lead 100 0.6 1.00 to 14

1 Texas nonattainment area designations as defined in 

§101.1(70) of this title (relating to Definitions).

2 The significant level is applicable only to existing 

major sources and shall be evaluated after netting, unless 

the applicant chooses to apply nonattainment new source 

review (NNSR) directly to the project. The appropriate 

netting triggers for existing major sources of NOx and 

VOC are specified in §116.150 of this title (relating to 

New Major Source or Major Modification in Ozone 

Nonattainment Areas) and for other pollutants are equal 

to the significant level listed in this table.

3 VOC and NOx are precursors to ozone formation and 

should be quantified individually to determine whether a 

source is subject to NNSR under §116.150 of this title.

4 The offset ratio is specified to be greater than 1.00 to 1.

VOC = volatile organic compounds

NOx = oxides of nitrogen

NO2 = nitrogen dioxide

CO = carbon monoxide

SO2 = sulfur dioxide

PM10 = particulate matter with an aerodynamic diameter 

less than or equal to ten microns.

5 Applies to the National Ambient Air Quality Standard 

NAAQS for nitrogen dioxide (NO2).

(continued below)

TAC Section 101.1(70) has been 

changed to a general reference to the 

definition of nonattainment area at 30 

TAC Section 101.1. This will prevent 

TCEQ from having to update 30 TAC 

Section 116.12(20) every time that 

Section 101.1 is renumbered. These

non-substantive revisions are still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

18) Major Modification (cont.)

(B) A physical change or change in the method of 

operation shall not include:

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

20) Major Modification (cont.)

(B) A physical change or change in the method of 

operation shall not include:

No proposed revisions to this portion 

of the definition of major 

modification. The renumbering of the 

definition is approvable.
43

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

(i) routine maintenance, repair, and 

replacement;

(ii) use of an alternative fuel or raw material by 

reason of an order under the Energy Supply and 

Environmental Coordination Act of 1974, §2(a) and (b) 

(or any superseding legislation) or by reason of a natural 

gas curtailment plan under the Federal Power Act;

(iii) use of an alternative fuel by reason of an 

order or rule of 42 United States Code, §7425;

(iv) use of an alternative fuel at a steam 

generating unit to the extent that the fuel is generated 

from municipal solid waste;

(v) use of an alternative fuel or raw material by 

a stationary source that the source was capable of 

accommodating before December 21, 1976 (unless such 

change would be prohibited under any federally 

enforceable permit condition established after December 

21, 1976) or the source is approved to use under any 

permit issued under regulations approved under this 

chapter;

(vi) an increase in the hours of operation or in 

the production rate (unless the change is prohibited 

under any federally enforceable permit condition that 

was established after December 21, 1976);

(vii) any change in ownership at a stationary 

source;

(viii) any change in emissions of a pollutant at 

a site that occurs under an existing plant-wide 

applicability limit;

(ix) the installation, operation, cessation, or 

removal of a temporary clean coal technology 

demonstration project, provided that the project complies 

with the state implementation plan and other 

requirements necessary to attain and maintain the 

national ambient air quality standard during the project 

and after it is terminated;

(x) for prevention of significant deterioration 

review only, the installation or operation of a permanent 

(i) routine maintenance, repair, and 

replacement;

(ii) use of an alternative fuel or raw material by 

reason of an order under the Energy Supply and 

Environmental Coordination Act of 1974, §2(a) and (b) 

(or any superseding legislation) or by reason of a natural 

gas curtailment plan under the Federal Power Act;

(iii) use of an alternative fuel by reason of an 

order or rule of 42 United States Code, §7425;

(iv) use of an alternative fuel at a steam 

generating unit to the extent that the fuel is generated 

from municipal solid waste;

(v) use of an alternative fuel or raw material by 

a stationary source that the source was capable of 

accommodating before December 21, 1976 (unless such 

change would be prohibited under any federally 

enforceable permit condition established after December 

21, 1976) or the source is approved to use under any 

permit issued under regulations approved under this 

chapter;

(vi) an increase in the hours of operation or in 

the production rate (unless the change is prohibited 

under any federally enforceable permit condition that 

was established after December 21, 1976);

(vii) any change in ownership at a stationary 

source;

(viii) any change in emissions of a pollutant at 

a site that occurs under an existing plant-wide 

applicability limit;

(ix) the installation, operation, cessation, or 

removal of a temporary clean coal technology 

demonstration project, provided that the project complies 

with the state implementation plan and other 

requirements necessary to attain and maintain the 

national ambient air quality standard during the project 

and after it is terminated;

(x) for prevention of significant deterioration 

review only, the installation or operation of a permanent 
44

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

clean coal technology demonstration project that 

constitutes re-powering, provided that the project does 

not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis; or

(xi) for prevention of significant deterioration 

review only, the reactivation of a clean coal-fired electric 

utility steam generating unit.

clean coal technology demonstration project that 

constitutes re-powering, provided that the project does 

not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis; or

(xi) for prevention of significant deterioration 

review only, the reactivation of a clean coal-fired electric 

utility steam generating unit.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

19) Necessary preconstruction approvals or permits--

Those permits or approvals required under federal 

air quality control laws and regulations and those air 

quality control laws and regulations that are part of 

the applicable state implementation plan.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

21)(19)Necessary preconstruction approvals or 

permits--Those permits or approvals required under 

federal air quality control laws and regulations and 

those air quality control laws and regulations that are 

part of the applicable state implementation plan.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

20) Net emissions increase--The amount by which the 

sum of the following exceeds zero: the project 

emissions increase plus any sourcewide creditable 

contemporaneous emission increases, minus any 

sourcewide creditable contemporaneous emission 

decreases. Baseline actual emissions shall be used to 

determine emissions increases and decreases.

(A) An increase or decrease in emissions is 

creditable only if the following conditions are met:

(i) it occurs during the contemporaneous 

period;

(ii) the executive director has not relied on 

it in issuing a federal new source review permit for 

the source and that permit is in effect when the 

increase in emissions from the particular change 

occurs; and

(iii) in the case of prevention of significant 

deterioration review only, an increase or decrease in 

emissions of sulfur dioxide, particulate matter, or 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

22)(20)Net emissions increase--The amount by which 

the sum of the following exceeds zero: the project 

emissions increase plus any sourcewide creditable 

contemporaneous emission increases, minus any 

sourcewide creditable contemporaneous emission 

decreases. Baseline actual emissions shall be used to 

determine emissions increases and decreases.

(A) An increase or decrease in emissions is 

creditable only if the following conditions are met:

(i) it occurs during the contemporaneous 

period;

(ii) the executive director has not relied on 

it in issuing a federal new source review permit for 

the source and that permit is in effect when the 

increase in emissions from the particular change 

occurs; and

(iii) in the case of prevention of significant 

deterioration review only, an increase or decrease in 

emissions of sulfur dioxide, particulate matter, or 

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.
45

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

nitrogen oxides that occurs before the applicable 

minor source baseline date is creditable only if it is 

required to be considered in calculating the amount 

of maximum allowable increases remaining 

available.

(B) An increase in emissions is creditable if it 

is the result of a physical change in, or change in the 

method of operation of a stationary source only to 

the extent that the new level of emissions exceeds 

the baseline actual emission rate. Emission increases 

at facilities under a plant-wide applicability limit are 

not creditable.

(C) A decrease in emissions is creditable only 

to the extent that all of the following conditions are 

met:

(i) the baseline actual emission rate 

exceeds the new level of emissions;

(ii) it is federally enforceable at and after 

the time that actual construction on the particular 

change begins;

(iii) the executive director has not relied 

on it in issuing a prevention of significant 

deterioration or a nonattainment permit;

(iv) the decrease has approximately the 

same qualitative significance for public health and 

welfare as that attributed to the increase from the 

particular change; and

(v) in the case of nonattainment 

applicability analysis only, the state has not relied 

on the decrease to demonstrate attainment or 

reasonable further progress.

(D) An increase that results from a physical 

change at a source occurs when the emissions unit 

on which construction occurred becomes operational 

and begins to emit a particular pollutant. Any 

replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown 

period, not to exceed 180 days.

nitrogen oxides that occurs before the applicable 

minor source baseline date is creditable only if it is 

required to be considered in calculating the amount 

of maximum allowable increases remaining

available.

(B) An increase in emissions is creditable if it 

is the result of a physical change in, or change in the 

method of operation of a stationary source only to the 

extent that the new level of emissions exceeds the 

baseline actual emission rate. Emission increases at 

facilities under a plant-wide applicability limit are 

not creditable.

(C) A decrease in emissions is creditable only 

to the extent that all of the following conditions are 

met:

(i) the baseline actual emission rate 

exceeds the new level of emissions;

(ii) it is federally enforceable at and after 

the time that actual construction on the particular 

change begins;

(iii) the executive director has not relied on 

it in issuing a prevention of significant deterioration 

or a nonattainment permit;

(iv) the decrease has approximately the 

same qualitative significance for public health and 

welfare as that attributed to the increase from the 

particular change; and

(v) in the case of nonattainment 

applicability analysis only, the state has not relied on 

the decrease to demonstrate attainment or reasonable 

further progress.

(D) An increase that results from a physical 

change at a source occurs when the emissions unit on 

which construction occurred becomes operational 

and begins to emit a particular pollutant. Any 

replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown 

period, not to exceed 180 days.
46

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

21) Offset ratio--For the purpose of satisfying the 

emissions offset reduction requirements of 42 

United States Code, §7503(a)(1)(A), the emissions 

offset ratio is the ratio of total actual reductions of 

emissions to total emissions increases of such 

pollutants. The minimum offset ratios are included 

in Table I of this section under the definition of 

major modification. In order for a reduction to 

qualify as an offset, it must be certified as an 

emission credit under Chapter 101, Subchapter H, 

Division 1 or 4 of this title (relating to Emission 

Credit Banking and Trading; or Discrete Emission 

Credit Banking and Trading), except as provided for 

in §116.170(b) of this title (relating to Applicability 

of Emission Reductions as Offsets). The reduction 

must not have been relied on in the issuance of a 

previous nonattainment or prevention of significant 

deterioration permit.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

23)(21) Offset ratio--For the purpose of satisfying the 

emissions offset reduction requirements of 42 United 

States Code, §7503(a)(1)(A), the emissions offset 

ratio is the ratio of total actual reductions of 

emissions to total emissions increases of such 

pollutants. The minimum offset ratios are included in 

Table I of this section under the definition of major 

modification. In order for a reduction to qualify as an 

offset, it must be certified as an emission credit under 

Chapter 101, Subchapter H, Division 1 or 4 of this 

title (relating to Emission Credit Banking and 

Trading; or Discrete Emission Credit Banking and 

Trading), except as provided for in §116.170(b) of 

this title (relating to Applicability of Emission 

Reductions as Offsets). The reduction must not have 

been relied on in the issuance of a previous 

nonattainment or prevention of significant 

deterioration permit.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

22) Plant-wide applicability limit--An emission 

limitation expressed, in tons per year, for a pollutant 

at a major stationary source, that is enforceable and 

established in a plant-wide applicability limit permit 

under §116.186 of this title (relating to General and 

Special Conditions).

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

24) (22) Plant-wide applicability limit--An emission 

limitation expressed, in tons per year, for a pollutant 

at a major stationary source, that is enforceable and 

established in a plant-wide applicability limit permit 

under §116.186 of this title (relating to General and 

Special Conditions).

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

23) Plant-wide applicability limit effective date--The 

date of issuance of the plant-wide applicability limit 

permit.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

25) (23) Plant-wide applicability limit effective date--

The date of issuance of the plant-wide applicability 

limit permit.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.
47

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

24) Plant-wide applicability limit major 

modification--Any physical change in, or change in 

the method of operation of the plant-wide 

applicability limit source that causes it to emit the 

plant-wide applicability limit pollutant at a level 

equal to or greater than the plant-wide applicability 

limit.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

26) (24) Plant-wide applicability limit major 

modification--Any physical change in, or change in 

the method of operation of the plant-wide 

applicability limit source that causes it to emit the 

plant-wide applicability limit pollutant at a level 

equal to or greater than the plant-wide applicability 

limit.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

25) Plant-wide applicability limit permit--The new 

source review permit that establishes the plant-wide 

applicability limit.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

27) (25)Plant-wide applicability limit permit--The 

new source review permit that establishes the plantwide applicability limit.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

26) Plant-wide applicability limit pollutant--The 

pollutant for which a plant-wide applicability limit 

is established at a major stationary source.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

28) (26)Plant-wide applicability limit pollutant--The 

pollutant for which a plant-wide applicability limit is 

established at a major stationary source.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

27) Potential to emit--The maximum capacity of a 

stationary source to emit a pollutant under its 

physical and operational design. Any physical or 

enforceable operational limitation on the capacity of 

the stationary source to emit a pollutant, including 

air pollution control equipment and restrictions on 

hours of operation or on the type or amount of 

material combusted, stored, or processed, may be 

treated as part of its design only if the limitation or 

the effect it would have on emissions is federally 

enforceable. Secondary emissions, as defined in 40 

Code of Federal Regulations §51.165(a)(1)(viii), do 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

29) (27) Potential to emit--The maximum capacity of a 

stationary source to emit a pollutant under its 

physical and operational design. Any physical or 

enforceable operational limitation on the capacity of 

the stationary source to emit a pollutant, including air 

pollution control equipment and restrictions on hours 

of operation or on the type or amount of material 

combusted, stored, or processed, may be treated as 

part of its design only if the limitation or the effect it 

would have on emissions is federally enforceable. 

Secondary emissions, as defined in 40 Code of 

Federal Regulations §51.165(a)(1)(viii), do not count 

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.
48

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

not count in determining the potential to emit for a 

stationary source.

in determining the potential to emit for a stationary 

source.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

28) Project net--The sum of the following: the project 

emissions increase, minus any sourcewide creditable 

emission decreases proposed at the source between 

the date of application for the modification and the 

date the resultant modification begins emitting. 

Baseline actual emissions shall be used to determine 

emissions increases and decreases. Increases and 

decreases must meet the creditability criteria listed 

under the definition of net emissions increase in this 

section.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

30) (28) Project net--The sum of the following: the 

project emissions increase, minus any sourcewide 

creditable emission decreases proposed at the source 

between the date of application for the modification 

and the date the resultant modification begins 

emitting. Baseline actual emissions shall be used to 

determine emissions increases and decreases. 

Increases and decreases must meet the creditability 

criteria listed under the definition of net emissions 

increase in this section.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

29) Projected actual emissions--The maximum annual 

rate, in tons per year, at which an existing facility is 

projected to emit a federally regulated new source 

review pollutant in any rolling 12-month period 

during the five years following the date the facility 

resumes regular operation after the project, or in any 

one of the ten years following that date, if the 

project involves increasing the facility's design 

capacity or its potential to emit that federally

regulated new source review pollutant. In 

determining the projected actual emissions, the 

owner or operator of the major stationary source 

shall include unauthorized emissions from planned 

maintenance, startup, or shutdown activities, which 

were historically unauthorized and subject to 

reporting under Chapter 101 of this title, to the 

extent they have been authorized, or are being 

authorized; and fugitive emissions to the extent 

quantifiable; and shall consider all relevant 

information, including, but not limited to, historical 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

31) (29) Projected actual emissions--The maximum 

annual rate, in tons per year, at which an existing 

facility is projected to emit a federally regulated new 

source review pollutant in any rolling 12-month 

period during the five years following the date the 

facility resumes regular operation after the project, or 

in any one of the ten years following that date, if the 

project involves increasing the facility's design 

capacity or its potential to emit that federally 

regulated new source review pollutant. In 

determining the projected actual emissions, the 

owner or operator of the major stationary source shall 

include unauthorized emissions from planned 

maintenance, startup, or shutdown activities, which 

were historically unauthorized and subject to 

reporting under Chapter 101 of this title, to the extent 

they have been authorized, or are being authorized; 

and fugitive emissions to the extent quantifiable; and 

shall consider all relevant information, including, but 

not limited to, historical operational data, the 

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.
49

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

operational data, the company's own representations, 

the company's expected business activity and the 

company's highest projections of business activity, 

the company's filings with the state or federal 

regulatory authorities, and compliance plans under 

the approved state implementation plan.

company's own representations, the company's 

expected business activity and the company's highest 

projections of business activity, the company's filings 

with the state or federal regulatory authorities, and 

compliance plans under the approved state 

implementation plan.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

30) Project emissions increase--The sum of emissions 

increases for each modified or affected facility 

determined using the following methods:

(A) for existing facilities, the difference 

between the projected actual emissions and the 

baseline actual emissions. In calculating any 

increase in emissions that results from the project, 

that portion of the facility's emissions following the 

project that the facility could have accommodated 

during the consecutive 24-month period used to 

establish the baseline actual emissions and that are 

also unrelated to the particular project, including any 

increased utilization due to product demand growth 

may be excluded from the project emission increase. 

The potential to emit from the facility following 

completion of the project may be used in lieu of the 

projected actual emission rate; and

(B) for new facilities, the difference between 

the potential to emit from the facility following 

completion of the project and the baseline actual 

emissions.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

32) (30) Project emissions increase--The sum of 

emissions increases for each modified or affected 

facility determined using the following methods:

(A) for existing facilities, the difference 

between the projected actual emissions and the 

baseline actual emissions. In calculating any increase 

in emissions that results from the project, that portion 

of the facility's emissions following the project that 

the facility could have accommodated during the 

consecutive 24-month period used to establish the 

baseline actual emissions and that are also unrelated 

to the particular project, including any increased 

utilization due to product demand growth may be 

excluded from the project emission increase. The 

potential to emit from the facility following 

completion of the project may be used in lieu of the 

projected actual emission rate; and

(B) for new facilities, the difference between 

the potential to emit from the facility following 

completion of the project and the baseline actual 

emissions.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

31) Replacement facility--A facility that satisfies the 

following criteria:

(A) the facility is a reconstructed unit within 

the meaning of 40 Code of Federal Regulations 

§60.15(b)(1), or the facility replaces an existing 

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

33) (31) Replacement facility--A facility that satisfies 

the following criteria:

(A) the facility is a reconstructed unit within 

the meaning of 40 Code of Federal Regulations 

§60.15(b)(1), or the facility replaces an existing 

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.
50

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

facility;

(B) the facility is identical to or functionally 

equivalent to the replaced facility;

(C) the replacement does not alter the basic 

design parameters of the process unit;

(D) the replaced facility is permanently 

removed from the major stationary source, 

otherwise permanently disabled, or permanently 

barred from operation by a permit that is 

enforceable. If the replaced facility is brought back 

into operation, it shall constitute a new facility. No 

creditable emission reductions shall be generated 

from shutting down the existing facility that is 

replaced. A replacement facility is considered an 

existing facility for the purpose of determining 

federal new source review applicability.

facility;

(B) the facility is identical to or functionally 

equivalent to the replaced facility;

(C) the replacement does not alter the basic 

design parameters of the process unit;

(D) the replaced facility is permanently 

removed from the major stationary source, otherwise 

permanently disabled, or permanently barred from 

operation by a permit that is enforceable. If the 

replaced facility is brought back into operation, it 

shall constitute a new facility. No creditable emission 

reductions shall be generated from shutting down the 

existing facility that is replaced. A replacement 

facility is considered an existing facility for the 

purpose of determining federal new source review 

applicability.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

32) Secondary emissions--Emissions that would occur 

as a result of the construction or operation of a 

major stationary source or major modification, but 

do not come from the source or modification itself. 

Secondary emissions must be specific, well-defined, 

quantifiable, and impact the same general area as the 

stationary source or modification that causes the 

secondary emissions. Secondary emissions include 

emissions from any off-site support facility that 

would not be constructed or increase its emissions, 

except as a result of the construction or operation of 

the major stationary source or major modification. 

Secondary emissions do not include any emissions 

that come directly from a mobile source such as 

emissions from the tail pipe of a motor vehicle, from 

a train, or from a vessel.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

34) (32) Secondary emissions--Emissions that would 

occur as a result of the construction or operation of a 

major stationary source or major modification, but do 

not come from the source or modification itself. 

Secondary emissions must be specific, well-defined, 

quantifiable, and impact the same general area as the 

stationary source or modification that causes the 

secondary emissions. Secondary emissions include 

emissions from any off-site support facility that 

would not be constructed or increase its emissions, 

except as a result of the construction or operation of 

the major stationary source or major modification. 

Secondary emissions do not include any emissions 

that come directly from a mobile source such as 

emissions from the tail pipe of a motor vehicle, from 

a train, or from a vessel.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

Non-substantive change to SIPapproved definition to account for 
51

Table 3 – Evaluation of 30 TAC Chapter 116, Section 116.12 EPA’s Evaluation post UARG v. 

EPA Decision

33) Significant facility--A facility that emits or has the 

potential to emit a plant-wide applicability limit 

(PAL) pollutant in an amount that is equal to or 

greater than the significant level for that PAL 

pollutant.

35) (33) Significant facility--A facility that emits or has 

the potential to emit a plant-wide applicability limit 

(PAL) pollutant in an amount that is equal to or 

greater than the significant level for that PAL 

pollutant.

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

34) Small facility--A facility that emits or has the 

potential to emit the plant-wide applicability limit 

(PAL) pollutant in an amount less than the 

significant level for that PAL pollutant.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

36) (34) Small facility--A facility that emits or has the 

potential to emit the plant-wide applicability limit 

(PAL) pollutant in an amount less than the significant 

level for that PAL pollutant.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

35) Stationary source--Any building, structure, facility, 

or installation that emits or may emit any air 

pollutant subject to regulation under 42 United 

States Code, §§7401 et seq.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

37) (35) Stationary source--Any building, structure, 

facility, or installation that emits or may emit any air 

pollutant subject to regulation under 42 United States 

Code, §§7401 et seq.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

30 TAC Section 116.12

SIP Approved October 25, 2012

As adopted by TCEQ on July 25, 2012

36) Temporary clean coal technology demonstration 

project--A clean coal technology demonstration 

project that is operated for a period of five years or 

less, and that complies with the state implementation 

plan and other requirements necessary to attain and 

maintain the national ambient air quality standards 

during the project and after it is terminated.

Revisions to 30 TAC 116.12.

Adopted March 26, 2014

Submitted April 16, 2014

38) (36)Temporary clean coal technology 

demonstration project--A clean coal technology 

demonstration project that is operated for a period of 

five years or less, and that complies with the state 

implementation plan and other requirements necessary 

to attain and maintain the national ambient air quality 

standards during the project and after it is terminated.

Non-substantive change to SIPapproved definition to account for 

renumbering. This revision is still 

approvable.

The analysis presented in Table 3 above demonstrates that it is appropriate for EPA to move forward and finalize all submitted 

revisions to 30 TAC Section 116.12, except where EPA is taking no action at this time on the substantive revisions to the definitions

of “major stationary source” at 30 TAC Section 116.12(19) and the definition of “major modification” at 30 TAC Section 116.12(20), 

post the UARG v. EPA decision. Note that EPA will continue to approve the non-substantive renumbering of the definitions of “major 

stationary source” and “major modification”.
52

(2) Revisions to 30 TAC Section 116.111 – General Application

On August 28, 2007, EPA SIP-approved revisions to 30 TAC Section 116.111 as adopted by the TCEQ on August 21, 2002. See 72 

FR 49198. Since our approval, the TCEQ has adopted revisions to the NSR permit application provisions at 30 TAC Section 116.111 

on September 15, 2010. These revisions were submitted on October 5, 2010. EPA has taken no action to date on the October 5, 2010, 

submittal of revisions to 30 TAC Section 116.111, therefore we will include this pending submittal in our current review. In addition 

to the October 5, 2010 submittal, the TCEQ submitted revisions to 30 TAC Section 116.111 on April 16, 2014. Table 4 below 

evaluates both sets of pending revisions with respect to whether it is appropriate for EPA to take action on them at this time after the 

UARG v. EPA decision.

Table 4: Evaluation of 30 TAC Section 116.111 EPA’s Evaluation Post UARG 

Decision

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

a) In order to be granted a permit, amendment, or special permit amendment, the application must include:

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

1. a completed Form PI-1 General Application signed by an authorized representative of the applicant. All 

additional support information specified on the form must be provided before the application is complete;

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

2. information which demonstrates that emissions from the facility, including any associated dockside vessel 

emissions, meet all of the following.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

A. Protection of public health and welfare.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

Revisions to 30 TAC 116.111.

Adopted September 15, 2010

Submitted October 5, 2010

Revision is a non-substantive revision 

to clarify an acronym. No changes to 

underlying SIP requirement. Revision 

is approvable.
53

Table 4: Evaluation of 30 TAC Section 116.111 EPA’s Evaluation Post UARG 

Decision

i. The emissions from the proposed facility 

will comply with all rules and regulations 

of the commission and with the intent of 

the TCAA, including protection of the 

health and property of the public. 

i. The emissions from the proposed facility will 

comply with all rules and regulations of the 

commission and with the intent of the Texas 

Clean Air Act (TCAA), including protection 

of the health and property of the public.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

ii. For issuance of a permit for construction or modification of any facility within 3,000 feet of an 

elementary, junior high/middle, or senior high school, the commission shall consider any possible 

adverse short-term or long-term side effects that an air contaminant or nuisance odor from the facility 

may have on the individuals attending the school(s).

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

B. Measurement of emissions. The proposed 

facility will have provisions for measuring 

the emission of significant air contaminants 

as determined by the executive 

director. This may include the installation 

of sampling ports on exhaust stacks and 

construction of sampling platforms in 

accordance with guidelines in the "Texas 

Natural Resource Conservation 

Commission (TNRCC) Sampling 

Procedures Manual."

Revisions to 30 TAC 116.111.

Adopted September 15, 2010

Submitted October 5, 2010

B. Measurement of emissions. The proposed 

facility will have provisions for measuring the

emission of significant air contaminants as 

determined by the executive director. This 

may include the installation of sampling ports 

on exhaust stacks and construction of 

sampling platforms in accordance with 

guidelines in the “Texas Commission on 

Environmental Quality Sampling Procedures 

Manual.” "Texas Natural Resource 

Conservation Commission (TNRCC) 

Sampling Procedures Manual."

Revision is a substantive update to 

the name of guidance document. 

Revision is necessary for the Texas 

program to function properly with 

accurate guidance.

Revision is approvable.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

C. Best available control technology 

(BACT). The proposed facility will utilize 

BACT, with consideration given to the 

technical practicability and economic 

Revisions to 30 TAC 116.111.

Adopted September 15, 2010

Submitted October 5, 2010

C. Best available control technology (BACT) 

must be evaluated for and applied to all 

facilities subject to the TCAA. Prior to 

evaluation of BACT under the TCAA, all 

facilities with pollutants subject to regulation 

Submitted revision substantively 

revises the SIP-approved general 

requirement to apply BACT. The 

submitted revision clarifies that TCEQ 

uses two types of BACT for permit 

reviews – federal BACT pursuant to 

the requirements of Title I Part C and 

Texas BACT under the TCAA. The 
54

Table 4: Evaluation of 30 TAC Section 116.111 EPA’s Evaluation Post UARG 

Decision

reasonableness of reducing or eliminating 

the emissions from the facility.

under Title I Part C of the Federal Clean Air 

Act (FCAA) shall evaluate and apply BACT 

as defined in §116.160(c)(1)(A) of this title 

(relating to Prevention of Significant 

Deterioration Requirements). The proposed 

facility will utilize BACT, with consideration 

given to the technical practicability and 

economic reasonableness of reducing or 

eliminating the emissions from the facility.

submitted revision clarifies federal 

BACT must be applied first to any 

facility subject to PSD requirements. 

Revision will prevent circumvention 

of federal PSD requirements. While 

this provision is germane to all Texas 

PSD permits, this will also apply to 

PSD permits for anyway sources with 

GHG emissions. These GHG PSD 

permits will be required to apply 

federal BACT as well as TCAA 

BACT.

Revision is still approvable.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

D. New Source Performance Standards 

(NSPS). The emissions from the proposed 

facility will meet the requirements of any 

applicable NSPS as listed under Title 40 

Code of Federal Regulations (CFR) Part 60, 

promulgated by the EPA under FCAA, 

§111, as amended.

Revisions to 30 TAC 116.111.

Adopted September 15, 2010

Submitted October 5, 2010

D. New Source Performance Standards 

(NSPS). The emissions from the proposed 

facility will meet the requirements of any 

applicable NSPS as listed under Title 40 Code 

of Federal Regulations (CFR) Part 60, 

promulgated by the United States 

Environmental Protection Agency (EPA)

under FCAA, §111, as amended.

Revision is a non-substantive revision 

to clarify an acronym. No changes to 

underlying SIP requirement. Revision 

is approvable.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

E. National Emission Standards for Hazardous Air Pollutants (NESHAP). The emissions from the proposed 

facility will meet the requirements of any applicable NESHAP, as listed under 40 CFR Part 61, 

promulgated by EPA under FCAA, §112, as amended.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

F. NESHAP for source categories. The 

emissions from the proposed facility will 

meet the requirements of any applicable 

Revisions to 30 TAC 116.111.

Adopted September 15, 2010

Submitted October 5, 2010

F. NESHAP for source categories. The 

emissions from the proposed facility will 

meet the requirements of any applicable 

Revision is a non-substantive revision 

to clarify a citation. No changes to 

underlying SIP requirement. Revision 

is approvable.
55

Table 4: Evaluation of 30 TAC Section 116.111 EPA’s Evaluation Post UARG 

Decision

maximum achievable control technology 

standard as listed under 40 CFR Part 63, 

promulgated by the EPA under FCAA, 

§112 or as listed under Chapter 113, 

Subchapter C of this title (relating to 

National Emissions Standards for 

Hazardous Air Pollutants for Source 

Categories (FCAA §112,40 CFR 63)).

maximum achievable control technology 

standard as listed under 40 CFR Part 63, 

promulgated by the EPA under FCAA, §112 

or as listed under Chapter 113, Subchapter C 

of this title (relating to National Emissions 

Standards for Hazardous Air Pollutants for 

Source Categories (FCAA §112,40 CFR Part 

63)).

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

G. Performance demonstration. The proposed facility will achieve the performance specified in the permit 

application. The applicant may be required to submit additional engineering data after a permit has been 

issued in order to demonstrate further that the proposed facility will achieve the performance specified in 

the permit application. In addition, dispersion modeling, monitoring, or stack testing may be required.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

H. Nonattainment review. If the proposed facility is located in a nonattainment area, it shall comply with 

all applicable requirements in this chapter concerning nonattainment review.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

I. Prevention of Significant Deterioration 

(PSD) review. If the proposed facility is 

located in an attainment area, it shall 

comply with all applicable requirements in 

this chapter concerning PSD review.

Revisions to 30 TAC 116.111

Adopted March 26, 2014

Submitted April 16, 2014

I. Prevention of Significant Deterioration (PSD) 

review. 

i. If the proposed facility is located in an 

attainment area, it shall comply with all 

applicable requirements in this chapter 

concerning PSD review.

ii. If the proposed facility or modification 

meets or exceeds the applicable 

greenhouse gases thresholds defined in § 

116.164 of this title (relating to 

Prevention of Significant Deterioration 

Applicability for Greenhouse Gases 

Sources) then it shall comply with all 

The revisions to 30 TAC Section 

116.111(a)(2)(I) are likely no longer 

needed post the UARG decision. This 

revision adopted by the TCEQ speaks 

directly to the permitting of nonanyway sources. Post UARG, EPA is 

not applying or enforcing regulations 

that would require GHG PSD permits 

for non-anyway sources or 

modifications.

EPA is not taking action on revisions 

to 30 TAC Section 116.111(a)(2)(I) 

that were submitted on April 16, 2014, 

at this time. Once more is known 

about the revisions to 40 CFR 51.166 
56

Table 4: Evaluation of 30 TAC Section 116.111 EPA’s Evaluation Post UARG 

Decision

applicable requirements in this chapter 

concerning PSD review for sources of 

greenhouse gases.

and 52.21 that EPA will need to 

propose, EPA can consult with the 

TCEQ on the best course for action. 

Note that the existing SIP approved 

requirements for PSD review remain 

in the Texas SIP at 30 TAC Section 

116.111(a)(2)(I).

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

J. Air dispersion modeling. Computerized air dispersion modeling may be required by the executive

director to determine air quality impacts from a proposed new facility or source modification. In 

determining whether to issue, or in conducting a review of, a permit application for a shipbuilding or 

ship repair operation, the commission will not require and may not consider air dispersion modeling 

results predicting ambient concentrations of non-criteria air contaminants over coastal waters of the 

state. The commission shall determine compliance with noncriteria ambient air contaminant standards 

and guidelines at land-based off-property locations.

No revisions submitted. Language 

provided only for context.

K. NOT IN SIP NOT SUBMITTED TO SIP

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

L. Mass cap and trade allowances. If subject to Chapter 101, Subchapter H, Division 3, of this title (relating 

to Mass Emissions Cap and Trade Program), the proposed facility, group of facilities, or account must 

obtain allowances to operate.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

b) In order to be granted a permit, amendment, or special permit amendment, the owner or operator must comply 

with the following notice requirements.

No revisions submitted. Language 

provided only for context.

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

1. Applications declared administratively 

complete before September 1, 1999, are subject 

to the requirements of Chapter 116, Subchapter 

Revisions to 30 TAC 116.111

Adopted March 26, 2014

Submitted April 16, 2014

1. Applications declared administratively 

complete before September 1, 1999, are subject 

to the requirements of Chapter 116, Subchapter 

Revision is a non-substantive revision 

to clarify an internal citation. No 

changes to underlying SIP 

requirement. Revision is 

approvable.
57

Table 4: Evaluation of 30 TAC Section 116.111 EPA’s Evaluation Post UARG 

Decision

B, Division 3 (relating to Public Notification 

and Comment Procedures).

B, Division 3 of this subchapter (relating to 

Public Notification and Comment Procedures).

30 TAC Section 116.111

SIP-Approved August 28, 2007

As adopted by TCEQ on August 21, 2002

2. Applications declared administratively complete on or after September 1, 1999, are subject to the 

requirements of Chapter 39 of this title (relating to Public Notice) and Chapter 55 of this title (relating to 

Request for Reconsideration and Contested Case Hearings; Public Comment). Upon request by the owner or 

operator of a facility which previously has received a permit or special permit from the commission, the 

executive director or designated representative may exempt the relocation of such facility from the provisions 

in Chapter 39 of this title if there is no indication that the operation of the facility at the proposed new location 

will significantly affect ambient air quality and no indication that operation of the facility at the proposed new 

location will cause a condition of air pollution.

No revisions submitted. Language 

provided only for context.

The analysis presented above in Table 4 demonstrates that the proposed revisions to 30 TAC Section 116.111 submitted on October 5, 

2010, and April 16, 2014, are consistent with federal requirements and remain appropriate for EPA to finalize. We note there is one 

exception at 30 TAC Section 116.111(a)(2)(I), where EPA is not taking action on this provision at this time, post the UARG v. EPA 

decision., Therefore EPA should finalize these provisions as proposed, with the noted exception to 30 TAC Section 116.111(a)(2)(I) 

where EPA is taking no action at this time on the revisions to 30 TAC Section 116.111(a)(2)(I) adopted on March 26, 2014, and 

submitted on April 16, 2014. The current SIP-approved requirements remain in effect in the Texas SIP.

(3) 30 TAC Section 116.160 – Prevention of Significant Deterioration Requirements

Table 5: Evaluation of 30 TAC Section 116.160 EPA’s Evaluation Post UARG 

Decision

30 TAC Section 116.160

SIP-Approved September 15, 2010

As adopted by TCEQ on June 2, 2010

a) Each proposed new major source or major 

modification in an attainment or unc1assifiable area 

shall comply with the requirements of this 

section. The owner or operator of a proposed new 

Revisions to 30 TAC 116.161

Adopted March 26, 2014

Submitted April 16, 2014

a) Each proposed new major source or major 

modification in an attainment or unc1assifiable area 

shall comply with the requirements of this section. In 

addition, each proposed new major source of 

The revisions to 30 TAC Section 

116.160(a) address PSD requirements 

for non-anyway GHG sources. EPA is 

deferring action at this time on this 

revision pending further developments 

after the UARG v. EPA decision. EPA 

will determine an appropriate course 
58

Table 5: Evaluation of 30 TAC Section 116.160 EPA’s Evaluation Post UARG 

Decision

or modified facility that will be a new major 

stationary source for the prevention of significant 

deterioration air contaminant shall meet the 

additional requirements of subsection (c)( 1) - (4) of 

this section.

greenhouse gases (GHGs) or major modification 

involving GHGs shall comply with the applicable 

requirements of this section. The owner or operator 

of a proposed new or modified facility that will be a 

new major stationary source for the prevention of 

significant deterioration air contaminant shall meet 

the additional requirements of subsection (c)( 1) - (4) 

of this section.

of action on this provision at a later 

date.

We note that as SIP-approved, the 

Texas PSD program at 30 TAC 

Section 116.160(a) already applies to 

new major sources and major 

modifications. This is consistent with 

the UARG decision to not determine 

PSD applicability based on GHG 

emissions. 

30 TAC Section 116.160

SIP-Approved September 15, 2010

As adopted by TCEQ on June 2, 2010

b) The de minimis threshold test (netting) is required 

for all modifications to existing major sources of 

federally regulated new source review pollutants, 

unless the proposed emissions increases associated 

with a project, without regard to decreases, are less 

than major modification thresholds for the pollutant 

identified in 40 Code of Federal Regulations (CFR) 

§52.21(b)(23).

Revisions to 30 TAC 116.160

Adopted March 26, 2014

Submitted April 16, 2014

b) The de De minimis threshold test: (netting)

1) is required for all modifications to existing major 

sources of federally regulated new source review 

pollutants, unless the proposed emissions 

increases associated with a project, without 

regard to decreases, are less than major 

modification thresholds for the pollutant 

identified in 40 Code of Federal Regulations 

(CFR) §52.21(b)(23); and .

2) is required for GHGs at existing major sources if 

the proposed modification results in an 

emissions increase, without regard to decreases, 

as required in § 116.164(a)(2) and (4)(B) of this 

title (relating to Prevention of Significant 

Deterioration Applicability for Greenhouse 

Gases Sources).

EPA is not taking action at this time 

on the submitted revision to 30 TAC 

Section 116.160(b) because this 

revision could operate to require a 

PSD permit for a modification based 

solely on an increase in GHG 

emissions over 75,000 TPY. EPA is 

not presently applying or enforcing 

regulations that may, by their terms, 

require a source to obtain a permit 

when its modification increases only 

GHGs above 75,000 TPY, but does 

not result in an increase of any other 

pollutant over the thresholds in 40 

CFR 52.21(b)(23).

We note that the existing Texas PSD 

SIP requirements at 30 TAC Section 

116.160(a) require that major 

stationary sources and major 

modifications comply with all 

requirements of PSD, including 

116.160(b). Therefore the netting test 

required under 30 TAC Section 

116.160(b) applies to new major 

stationary sources and major 

modifications. And, per the SIP-
59

Table 5: Evaluation of 30 TAC Section 116.160 EPA’s Evaluation Post UARG 

Decision

approved language, the netting test is 

applied to all “federally regulated new 

source review pollutants”. The TCEQ 

submitted a revision to this definition 

on April 16, 2014, that explicitly 

identifies GHGs as a federally 

regulated NSR pollutant above the 

thresholds in 30 TAC Section 

116.164. Therefore, we conclude that 

the existing SIP requirements at 30 

TAC Section 116.160(b) will apply to 

GHGs above the interim thresholds.

30 TAC Section 116.160

SIP-Approved September 15, 2010

As adopted by TCEQ on June 2, 2010

c) In applying the de minimis threshold test (netting), if 

the net emissions increases are greater than the 

major modification levels for the pollutant identified 

in 40 CFR 52.21(b)(23), the following requirements 

apply.

1) In addition to those definitions in §116.12 of 

this title (relating to Nonattainment and 

Prevention of Significant Deterioration Review 

Definitions) the following definitions from 

prevention of significant deterioration of air 

quality regulations promulgated by the United 

States Environmental Protection Agency (EPA) 

in 40 CFR §52.21 and the definitions for 

protection of visibility and promulgated in 40 

CFR §51.301 as amended July 1, 1999, are 

incorporated by reference:

(A). 40 CFR §52.21(b)(12) - (15), 

concerning best available control technology, 

baseline concentrations, dates, and areas;

(B). 40 CFR §52.21(b)(19), concerning 

innovative control technology; and

Revisions to 30 TAC 116.160

Adopted March 26, 2014

Submitted April 16, 2014

c) In applying the de minimis threshold test (netting), if 

the net emissions increases are greater than the major 

modification levels for the pollutant identified in 40 

CFR 52.21(b)(23) and for GHGs in § 116.164 of this 

title, the following requirements apply.

1) In addition to those definitions in §116.12 of 

this title (relating to Nonattainment and 

Prevention of Significant Deterioration Review 

Definitions) the following definitions from 

prevention of significant deterioration of air 

quality regulations promulgated by the United 

States Environmental Protection Agency (EPA) 

in 40 CFR §52.21 and the definitions for 

protection of visibility and promulgated in 40 

CFR §51.301 as amended July 1, 1999, are 

incorporated by reference:

(A). 40 CFR §52.21(b)(12) - (15), 

concerning best available control technology, 

baseline concentrations, dates, and areas;

(B). 40 CFR §52.21(b)(19), concerning 

innovative control technology; and

The revisions to 30 TAC Section 

116.160(c) refer to the requirements 

for GHG PSD permitting in 30 TAC 

Section 116.164. As noted later in 

Section II.D of this TSD, EPA is not 

taking action at this time on portions 

of 30 TAC Section 116.164 that add 

thresholds pertinent to whether a nonanyway source or modification 

requires a PSD permit solely for GHG 

emissions. But, EPA is acting to 

approve the portions of 30 TAC

Sections 116.164 that apply a “75,000 

TPY “major modification level” to 

increases in GHGs at anyway sources 

and modifications, so it remains 

appropriate for EPA to act to approve 

the submitted revisions to 30 TAC 

Section 116.160(c) adding the 

reference to the thresholds for GHGs 

in 30 TAC Section 116.164. This 

revision is still approvable.
60

Table 5: Evaluation of 30 TAC Section 116.160 EPA’s Evaluation Post UARG 

Decision

(C). 40 CFR §52.21(b)(24) - (28), 

concerning federal land manager, terrain, and 

Indian reservations/governing bodies.

2) The following requirements from prevention of 

significant deterioration of air quality 

regulations promulgated by the EPA in 40 CFR 

§52.21 are hereby incorporated by reference:

(A). 40 CFR §52.21(c) - (k), concerning 

increments, ambient air ceilings, restrictions 

on area classifications, exclusions from 

increment consumption, redesignation, stack

heights, exemptions, control technology 

review, and source impact analysis;

(B). 40 CFR §52.21(m) - (p), concerning 

air quality analysis, source information, 

additional impact analysis, and sources 

impacting federal Class I areas;

(C). 40 CFR §52.2l(r)(4), concerning 

relaxation of an enforceable limitation; and

(D). 40 CFR §52.2l(v), concerning 

innovative technology.

3) The term "facility" shall replace the words 

"emissions unit" in the referenced sections of 

the CFR.

4) The term "executive director" shall replace the 

word "administrator" in the referenced sections 

of the CFR except in 40 CFR §52.21(g) and (v).

(C). 40 CFR §52.21(b)(24) - (28), 

concerning federal land manager, terrain, and 

Indian reservations/governing bodies.

2) The following requirements from prevention of 

significant deterioration of air quality 

regulations promulgated by the EPA in 40 CFR 

§52.21 are hereby incorporated by reference:

(A). 40 CFR §52.21(c) - (k), concerning 

increments, ambient air ceilings, restrictions 

on area classifications, exclusions from 

increment consumption, redesignation, stack 

heights, exemptions, control technology 

review, and source impact analysis;

(B). 40 CFR §52.21(m) - (p), concerning 

air quality analysis, source information, 

additional impact analysis, and sources 

impacting federal Class I areas;

(C). 40 CFR §52.2l(r)(4), concerning 

relaxation of an enforceable limitation; and

(D). 40 CFR §52.2l(v), concerning 

innovative technology.

3) The term "facility" shall replace the words 

"emissions unit" in the referenced sections of 

the CFR.

4) The term "executive director" shall replace the 

word "administrator" in the referenced sections 

of the CFR except in 40 CFR §52.21(g) and (v).

30 TAC Section 116.160

SIP-Approved September 15, 2010

As adopted by TCEQ on June 2, 2010

d) All estimates of ambient concentrations required under this subsection shall be based on the applicable air quality 

models and modeling procedures specified in the EPA Guideline on Air Quality Models, as amended, or models 

and modeling procedures currently approved by the EPA for use in the state program, and other specific provisions 

made in the prevention of significant deterioration state implementation plan. If the air quality impact model 

approved by the EPA or specified in the guideline is inappropriate, the model may be modified or another model 

substituted on a case-by-case basis, or a generic basis for the state program, where appropriate. Such a change 

shall be subject to notice and opportunity for public hearing and written approval of the administrator of the EPA.

No changes submitted. Language 

provided for context.
61

The analysis presented in Table 5 shows that EPA should not take action at this time on the revisions submitted to 30 TAC Sections

116.160(a) and (b) because they address non-anyway source PSD permitting. These revisions may no longer be appropriate to the

extent they may still be interpreted to expand the TCEQ PSD program to apply to non-anyway GHG sources (sources solely subject to 

PSD for emissions of GHGs). Since EPA is not presently applying or enforcing PSD permitting requirements for non-anyway sources, 

it is not appropriate for EPA to take action to approve these provisions at this time.

EPA finds that with the other revisions to the SIP adopted and submitted on April 16, 2014, the TCEQ has the necessary authority to 

regulate GHG emissions from “anyway sources and anyway modifications” through the PSD program. The adoption of the definitions 

of “GHG” and “CO2e” and revisions of the definition of “federally regulated NSR pollutant” gave the TCEQ the authority to 

recognize and regulate those pollutants under the Texas PSD program. The existing Texas PSD SIP at 30 TAC Sections 116.160(a) 

and (b) requires that all new major stationary sources and major modifications apply the netting test to federally regulated NSR 

pollutants, which in the Texas SIP is defined to include GHGs above the thresholds in 30 TAC Section 116.164 (a) (1) and (2). The 

new requirement at 30 TAC Section 116.160(c) further explains that once the netting test required in 116.160(b) is conducted, then 

BACT will be applied to all PSD subject sources and modifications. Therefore, EPA concludes that the Texas PSD program 

appropriately addresses how to regulate GHGs consistent with federal requirements.

(4) 30 TAC Section 116.164 – Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources.

Table 6: Evaluation of 30 TAC Section 116.164 EPA’s Evaluation Post UARG 

Decision

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

a) Greenhouse Gases (GHGs) are subject to Prevention of Significant Deterioration review under the following 

conditions:

Proposed new 30 TAC Section 

116.164(a) establishes that GHGs are 

subject to PSD permitting 

requirements under the particular 

conditions that follow. Since the 

Supreme Court in UARG v. EPA 

upheld application of the PSD BACT 

requirement to GHG emissions from 

anyway sources and anyway 

modifications, it is still necessary and 

appropriate for an approved PSD

permitting program to address GHG 

emissions from such sources. In 

addition, the Supreme Court 

recognized that the Clean Air Act 

affords the discretion to limit 
62

Table 6: Evaluation of 30 TAC Section 116.164 EPA’s Evaluation Post UARG 

Decision

application of the PSD BACT 

requirement to sources that emit more 

than a de minimis amount of GHGs. 

Thus, it continues to be permissible 

for a SIP to include a properlyjustified emissions threshold below 

which PSD review does not apply to a 

particular pollutant. As a result, EPA 

considers it appropriate to move 

forward to approve this provision at 

this time. 

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

1) New source, major for non-GHGs. The stationary source is a new major stationary source for a federally 

regulated new source review (NSR) pollutant that is not GHGs, and will emit or have the potential to emit 

75,000 tons per year (tpy) or more carbon dioxide equivalent (CO2e); or

New proposed section 30 TAC 

Section 116.164(a)(1) is consistent 

with the federal PSD requirements for 

a “new anyway source” at 40 CFR 

51.166(b)(48)(iv)(a) – major sources 

subject to PSD permitting for a 

pollutant that is not GHGs as defined 

at 40 CFR 51.166(b)(1). EPA believes 

it is permissible on an interim basis 

for states to continue using the 75,000 

TPY threshold in existing regulations 

pending further actions by the court 

and EPA to implement the Supreme 

Court UARG decision. Thus, EPA 

believes it is appropriate at this time to 

take action to approve the proposed 

revision at 30 TAC Section 

116.164(a)(1).

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

2) Existing source, major for non-GHGs. The stationary source is an existing major stationary source for a 

federally regulated NSR pollutant that is not GHGs, and will have a significant net emissions increase of a 

federally regulated NSR pollutant that is not GHGs, and a net emissions increase greater than zero tpy 

GHGs on a mass basis and 75,000 tpy or more CO2e.

New proposed section 30 TAC 

Section 116.164(a)(2) is consistent 

with the federal PSD requirements for 

“anyway sources” at 40 CFR 

51.166(b)(48)(iv)(b) – major sources 

subject to PSD permitting for a 

pollutant that is not GHGs as defined 

at 40 CFR 51.166(b)(1). EPA believes 

it is permissible on an interim basis 
63

Table 6: Evaluation of 30 TAC Section 116.164 EPA’s Evaluation Post UARG 

Decision

for states to continue using the 75,000 

TPY threshold in existing regulations 

pending further actions by the court 

and EPA to implement the Supreme 

Court decisions. Thus, EPA believes it 

is appropriate at this time to take 

action to approve the proposed 

revision at 30 TAC Section

116.164(a)(2).

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

3) New source, major for GHGs Only. The new stationary source that will emit or has the potential to emit 

greater than or equal to 100 tpy GHGs on a mass basis, if the source is listed on the named source category 

list in 40 Code of Federal Regulations (CFR ) §51.166(b)(1)(i), or greater than or equal to 250 tpy GHGs on 

a mass basis; and 100,000 tpy or more CO2e.

EPA does not consider it appropriate 

at this time to take action on 30 TAC 

Section 116.164(a)(3). This provision 

was for permitting non-anyway 

sources that are major for GHGs only.

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

4) GHGs major modification at an existing source that is a major stationary source for GHGs.

(A). The existing stationary source emits or has the potential to emit greater than or equal to 100 tpy GHGs 

on a mass basis, if the source is listed on the named source category list in 40 CFR §51.166(b)(1)(i), or 

greater than or equal to 250 tpy GHGs on a mass basis; and 100,000 tpy or more CO2e; and

(B).the stationary source undertakes a physical change or change in the method of operation that will result 

in a net emissions increase greater than zero tpy GHGs on a mass basis, and a net emissions increase of 

75,000 tpy or more CO2e.

EPA does not consider it appropriate 

at this time to take action on 30 TAC 

Section 116.164(a)(4). This provision 

was for modifications that increases 

GHGs only. EPA is not currently 

applying or enforcing regulations that 

would require obtaining a PSD permit 

before beginning such a modification.

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

5) Existing source that is not major. The existing stationary source undertakes a physical change or change in 

the method of operation that will result in an emissions increase greater than or equal to 100 tpy GHGs on a 

mass basis, if the source is listed on the named source category list in 40 CFR §51.166(b)(1)(i), or greater 

than or equal to 250 tpy GHGs on a mass basis; and 100,000 tpy or more CO2e.

EPA does not consider it appropriate 

at this time to take action on 30 TAC 

Section 116.164(a)(5). This provision 

required GHG PSD permit for an 

existing minor source that became 

major solely because of GHG 

emissions in a modification.
64

Table 6: Evaluation of 30 TAC Section 116.164 EPA’s Evaluation Post UARG 

Decision

New 30 TAC Section 116.164

Adopted March 24, 2016

Submitted April 16, 2014

b) New stationary sources with emissions of GHGs, or existing stationary sources that undertake a physical change 

or change in the method of operations that includes emissions of GHGs, that do not meet any of the conditions in 

subsection (a) of this section do not require authorization under this subchapter, Subchapter F of this chapter 

(relating to Standard Permits), Subchapter G of this chapter (relating to Flexible Permits), or Chapter 106 of this 

title (relating to Permits by Rule) for emissions of GHGs. Owners or operators of these sources must keep 

records sufficient to demonstrate the amount of GHG emissions from the source as a result of construction, a 

physical change, or a change in the method of operation do not require authorization under subsection (a) of this 

section. Records must be made available at the request of personnel from the commission or any local air 

pollution control agency having jurisdiction. Records must be maintained for a minimum of five years from the 

date of construction, physical change, or change in the method of operation.

EPA is taking no action on this 

provision at this time. The new 

provision submitted at 30 TAC 

Section 116.164(b) is specifically 

designed for non-anyway GHG 

permitting. Therefore, we do not need 

to take action at this time post UARG 

decision.

The analysis presented in Table 6 above shows that EPA should not take action at this time on the revisions submitted to 30 TAC 

Section 116.164(a)(3), (a)(4), (a)(5), and (b) to address non-anyway GHG permitting. These revisions expanded the TCEQ PSD 

program to apply to non-anyway GHG sources (sources solely subject to PSD for emissions of GHGs). Since the Supreme Court in 

UARG held that these non-anyway sources are not covered under federal PSD requirements and EPA is not currently applying the 
65

provisions of 40 CFR 51.166 that once required such sources to obtain permits, it is not appropriate for EPA to take action at this time

to approve these provisions.

(5) 30 TAC Section 116.169 – Greenhouse Gases Program Transitions

Table 7: Evaluation of 30 TAC Section 116.169 EPA’s Evaluation Post UARG

30 TAC Section 116.169

Adopted March 26, 2014

Submitted April 16, 2014

30 TAC Section 116.169. Greenhouse Gases Program Transitions.

a) Upon the effective date of the United States Environmental Protection 

Agency (EPA) approval of this chapter and rescission of the Federal 

Implementation Plan as published in the May 3, 2011, issue of the Federal 

Register (76 FR 25178), the commission will accept transfer of and review 

applications previously filed with EPA for greenhouse gas prevention of 

significant deterioration permits. These applications will be subject to the 

applicable requirements of this chapter.

New proposed 30 TAC Section 116.169 provides the authority for the 

TCEQ to accept transfer of permit applications upon the effective date of 

the FIP rescission. This new provision is approvable as necessary to 

transfer permitting authority responsibilities. This revision is still 

approvable. Note that in our February 18, 2014, proposed rulemaking the 

EPA identified three limited scenarios wherein we would retain FIP 

authority. As outlined in our final FIP rescission, we are retaining authority 

in 3 circumstances.

(6) 30 TAC Section 116.610 – Applicability (for Standard Permits)

EPA finds that some of the adopted and submitted revisions to the Standard Permits program at 30 TAC Chapter 116 are likely no 

longer appropriate after the UARG v. EPA decision because they relate to permitting of GHGs for non-anyway sources. As such, we 

have evaluated all revisions submitted to the Standard Permits Program 30 TAC Sections 116.610 and 116.611 to determine whether 

EPA should take no action at this time on such provisions pending further developments. Following is an analysis of all the revisions 

to the Standard Permits Program with notations of which are still supportable by EPA.

Table 8: Evaluation of 30 TAC Section 116.610 EPA’s Evaluation Post UARG

30 TAC Section 116.610

SIP-Approved November 14, 2003

No changes submitted. Language provided for 

context.
66

Table 8: Evaluation of 30 TAC Section 116.610 EPA’s Evaluation Post UARG

As adopted by the TCEQ on November 20, 2002

a) Under the Texas Clean Air Act §382.051, a project that meets the requirements for a standard permit 

listed in this subchapter or issued by the commission is hereby entitled to the standard permit, provided 

the following conditions listed in this section are met. For the purposes of this subchapter, project 

means the construction or modification of a facility or a group of facilities submitted under the same 

registration:

30 TAC Section 116.610

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

1) Any project that results in a net increase 

in emissions of air contaminants from the 

project other than carbon dioxide, water, 

nitrogen, methane, ethane, hydrogen, 

oxygen, or those for which a National 

Ambient Air Quality Standard has been 

established must meet the emission 

limitations of §106.261 of this title 

(relating to Facilities (Emission 

Limitations), unless otherwise specified 

by a particular standard permit.

2) Construction or operation of the project 

must be commenced prior to the effective 

date of a revision to this subchapter under 

which the project would no longer meet 

the requirements for a standard permit.

3) The proposed project must comply with 

the applicable provisions of the Federal 

Clean Air Act (FCAA), §111 (concerning 

New Source Performance Standards) as 

listed under 40 Code of Federal 

Regulations (CFR) Part 60, promulgated 

by the United States Environmental 

Protection Agency (EPA).

4) The proposed project must comply with 

the applicable provisions of FCAA, §112 

(concerning Hazardous Air Pollutants) as 

listed under 40 CFR Part 61, promulgated 

by the EPA.

Revisions to 30 TAC Section 116.610

Adopted on March 26, 2014

Submitted April 16, 2014

1) Any project that results in a net increase 

in emissions of air contaminants from the 

project other than carbon dioxide, water, 

nitrogen, methane, ethane, hydrogen, 

oxygen, or greenhouse gases (GHGs) as 

defined in § 101.1 of this title (relating to 

Definitions), or those for which a 

National Ambient Air Quality Standard 

has been established must meet the 

emission limitations of §106.261 of this 

title (relating to Facilities (Emission 

Limitations)), unless otherwise specified 

by a particular standard permit.

2) Construction or operation of the project 

must be commenced prior to the effective 

date of a revision to this subchapter under 

which the project would no longer meet 

the requirements for a standard permit.

3) The proposed project must comply with 

the applicable provisions of the Federal 

Clean Air Act (FCAA), §111 (concerning 

New Source Performance Standards) as 

listed under 40 Code of Federal 

Regulations (CFR) Part 60, promulgated 

by the United States Environmental 

Protection Agency (EPA).

4) The proposed project must comply with 

the applicable provisions of FCAA, §112 

(concerning Hazardous Air Pollutants) as 

The proposed revision to 30 TAC Section 

116.610(a)(1) limits the applicability of a standard 

permit to emissions of non-GHGs.

The proposed revision is still approvable.
67

Table 8: Evaluation of 30 TAC Section 116.610 EPA’s Evaluation Post UARG

5) The proposed project must comply with 

the applicable maximum achievable 

control technology standards as listed 

under 40 CFR Part 63, promulgated by 

the EPA under FCAA, §112 or as listed 

under Chapter 113, Subchapter C of this 

title (relating to National Emissions 

Standards for Hazardous Air Pollutants 

for Source Categories (FCAA, §112, 40 

CFR Part 63)).

6) If subject to Chapter 101, Subchapter H, 

Division 3 of this title (relating to Mass 

Emissions Cap and Trade Program) the 

proposed facility, group of facilities, or 

account must obtain allocations to 

operate.

listed under 40 CFR Part 61, promulgated 

by the EPA.

5) The proposed project must comply with 

the applicable maximum achievable 

control technology standards as listed 

under 40 CFR Part 63, promulgated by 

the EPA under FCAA, §112 or as listed 

under Chapter 113, Subchapter C of this 

title (relating to National Emissions 

Standards for Hazardous Air Pollutants 

for Source Categories (FCAA, §112, 40 

CFR Part 63)).

6) If subject to Chapter 101, Subchapter H, 

Division 3 of this title (relating to Mass 

Emissions Cap and Trade Program) the 

proposed facility, group of facilities, or 

account must obtain allocations to 

operate.

30 TAC Section 116.610

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

b) Any project that constitutes a new major 

stationary source or major modification as 

defined in §116.12 of this title (relating to 

Nonattainment and Prevention of Significant 

Deterioration Review Definitions) is subject 

to the requirements of § 116.110 of this title 

(relating to Applicability) rather than this 

subchapter.

Revisions to 30 TAC Section 116.610

Adopted on March 26, 2014

Submitted April 16, 2014

b) Any project that constitutes a new major 

stationary source or major modification as 

defined in §116.12 of this title (relating to 

Nonattainment and Prevention of Significant 

Deterioration Review Definitions) because of 

emissions of air contaminants other than 

greenhouse gases is subject to the 

requirements of § 116.110 of this title 

(relating to Applicability) rather than this 

subchapter. Notwithstanding any provision in 

any specific standard permit to the contrary, 

any project that constitutes a new major 

stationary source or major modification which 

is subject to Subchapter B, Division 6 of this 

chapter (relating to Prevention of Significant 

Deterioration Review) due solely to emissions 

of greenhouse gases may use a standard 

Revisions to 30 TAC Section 116.610(b) discuss 

GHG PSD permitting for non-anyway sources. 

EPA is thus taking no action on this provision. The 

revisions made elsewhere to applicability 

provisions for Standard Permits serve to prohibit 

the permitting of GHGs through a standard permit. 
68

Table 8: Evaluation of 30 TAC Section 116.610 EPA’s Evaluation Post UARG

permit under this chapter for air contaminants 

that are not greenhouse gases.

30 TAC Section 116.610

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

c) Persons may not circumvent by artificial limitations the requirements of §116.110 of this title.

No changes submitted. Language provided for 

context.

The analysis presented above in Table 8 shows that EPA should take no action at this time on the revisions to the Standard Permits 

Applicability provisions submitted to 30 TAC Section 116.610(b). This provision was designed to allow a source that was subject to 

PSD solely for GHG emissions to use a Standard Permit for the non-GHG emissions. This provision is likely no longer necessary 

since the UARG v. EPA decision held that a source or modification cannot be subject to PSD solely based on its level of GHG 

emissions. 

EPA will continue to take action on the new language at 30 TAC Section 116.610(a)(1); which clarifies that the Texas Standard

Permits program cannot be used to authorize emissions of GHGs. 

(7) 30 TAC Section 116.611 – Registration to Use Standard Permits

Table 9: Evaluation of 30 TAC Section 116.611 EPA’s Evaluation Post UARG

30 TAC Section 116.611

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

a) If required, registration to use a standard permit shall be sent by certified mail, return receipt 

requested, or hand delivered to the executive director, the appropriate commission regional office, 

and any local air pollution program with jurisdiction, before a standard permit can be used. The 

registration must be submitted on the required form and must document compliance with the 

requirements of this section, including, but not limited to:

1. the basis of emission estimates;

2. quantification of all emission increases and decreases associated with the project being 

registered;

3. sufficient information as may be necessary to demonstrate that the project will comply with 

§116.610(b) of this title (relating to Applicability);

4. information that describes efforts to be taken to minimize any collateral emissions increases that 

will result from the project;

5. a description of the project and related process; and

No changes submitted. Language provided for 

context.
69

Table 9: Evaluation of 30 TAC Section 116.611 EPA’s Evaluation Post UARG

6. a description of any equipment being installed.

30 TAC Section 116.611

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

b) Construction may begin any time after receipt 

of written notification from the executive 

director that there are no objections or 45 days 

after receipt by the executive director of the 

registration, whichever occurs first, except 

where a different time period is specified for a 

particular standard permit.

Revisions to 30 TAC Section 116.611

Adopted on March 26, 2014

Submitted April 16, 2014

b) Construction may begin any time after receipt 

of written notification from the executive 

director that there are no objections or 45 days 

after receipt by the executive director of the 

registration, whichever occurs first, except 

where a different time period is specified for a 

particular standard permit or the source 

obtains a prevention of significant 

deterioration permit for greenhouse gases as 

provided in § 116.164(a) of this title (relating 

to Prevention of Significant Deterioration 

Applicability for Greenhouse Gases Sources).

The revisions to 30 TAC Section 116.611(b) 

discuss GHG PSD permitting for non-anyway 

sources. EPA is thus taking no action at this time 

on this submitted revision. 

30 TAC Section 116.611

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

c) In order to avoid applicability of Chapter 122 of this title (relating to Federal Operating Permits), a 

certified registration shall be submitted. The certified registration must state the maximum allowable 

emission rates and must include documentation of the basis of emission estimates and a written 

statement by the registrant certifying that the maximum emission rates listed on the registration reflect 

the reasonably anticipated maximums for operation of the facility. The certified registration shall be 

amended if the basis of the emission estimates changes or the maximum emission rates listed on the 

registration no longer reflect the reasonably anticipated maximums for operation of the facility. The 

certified registration shall be submitted to the executive director; to the appropriate commission 

regional office; and to all local air pollution control agencies having jurisdiction over the site. Certified 

registrations must also be maintained in accordance with the requirements of §116.115 of this title 

(relating to General and Special Conditions).

No changes submitted. Language provided for 

context.

30 TAC Section 116.611

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

(1) Certified registrations established prior to 

the effective date of this rule shall be 

submitted on or before February 3, 2003.

Revisions to 30 TAC Section 116.611

Adopted on March 26, 2014

Submitted April 16, 2014

(1) Certified registrations established prior 

to December 11, 2002, the effective date 

of this rule shall be submitted on or 

before February 3, 2003.

Proposed revisions to 30 TAC Section 

116.611(c)(1) are non-substantive and replace the 

phrase “effective date of this rule” with the actual 

effective date of the rule. These revisions are 

approvable.
70

Table 9: Evaluation of 30 TAC Section 116.611 EPA’s Evaluation Post UARG

30 TAC Section 116.611

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

(2) Certified registrations established on or 

after the effective date of this rule shall be 

submitted no later than the date of 

operation.

Revisions to 30 TAC Section 116.611

Adopted on March 26, 2014

Submitted April 16, 2014

(2) Certified registrations established on or 

after December 11, 2002, the effective 

date of this rule shall be submitted no 

later than the date of operation.

Proposed revisions to 30 TAC Section 

116.611(c)(2) are non-substantive and replace the 

phrase “effective date of this rule” with the actual 

effective date of the rule. These revisions are 

approvable.

Revisions to 30 TAC Section 116.610

Adopted on March 26, 2014

Submitted April 16, 2014

(3) Certified registrations established for greenhouse gases (as defined in § 101.1 of this title 

(relating to Definitions)) on or after the effective date of EPA’s final action approving 

amendments to § 122.122 of this title (relating to Potential to Emit) into the State 

Implementation Plan shall be submitted:

(A). For existing sites that emit or have the potential to emit greenhouse gases, no later than 

12 months after the effective date of EPA’s final action approving amendments to § 

122.122 of this title as a revision to the Federal Operating Permits Program; or

(B). For new sites that emit or have the potential to emit greenhouse gases, no later than the 

date of operation.

The new provisions at 30 TAC Section 

116.611(c)(3) discuss GHG PSD permitting for 

non-anyway sources. EPA is thus taking no action 

on this provision at this time. The revisions made 

elsewhere to applicability provisions for Standard 

Permits serve to prohibit the permitting of GHGs 

through a standard permit. 

The analysis presented above in Table 9 shows that EPA should take no action at this time on the revisions submitted to 30 TAC 

Section 116.611(b) and (c)(3). These provisions directly relate to permitting of non-anyway sources. In new provision 30 TAC Section 

116.611(b), a source with a Standard Permit for non-GHG emissions and a PSD permit only for GHG emissions would not be able to 

commence construction until both the Standard Permit and the GHG PSD permit were issued. Since the Supreme Court in UARG held 

non-anyway sources are not covered under federal PSD requirements, EPA need not take action at this time with this provision that 

relates to permitting of emissions from a non-anyway source. In the provision at 30 TAC Section 116.611(c)(3), the TCEQ was 

providing sources emitting greenhouse gases could avoid Title V applicability by submitting certified registrations. Since the UARG 

Supreme Court decision, Title V applicability will be triggered by the requirement to have a PSD permit. As such, 30 TAC Section 

116.611(c)(3) is no longer appropriate for inclusion in the Texas SIP. 

EPA will continue to act on the non-substantive revisions to 30 TAC Section 116.611(c)(1) and (c)(2) to update a date reference. 

These provisions are not impacted by the Supreme Court decision.
71

c) 30 TAC Chapter 122

30 TAC Section 122.122 – Potential to Emit

EPA finds that some of the adopted and submitted revisions to the definition of potential to emit at 30 TAC Section 122.122 are likely 

no longer appropriate after the UARG v. EPA decision because they relate to permitting of GHGs for non-anyway sources. As such, 

we have evaluated all revisions submitted to 30 TAC Section 122.122 to determine whether EPA should no longer take action on at 

this time such provisions pending further developments. Following is an analysis of all the revisions to 30 TAC Section 122.122 with 

notations of which are still supportable by EPA.

Table 10: Evaluation of 30 TAC Section 122.122 EPA’s Evaluation

30 TAC Section 122.122

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

a) For purposes of determining applicability of 

the Federal Operating Permit Program under 

this chapter, the owner or operator of 

stationary sources without any other federallyenforceable emission rate may limit their 

sources' potential to emit by maintaining a 

certified registration of emissions, which shall 

be federally-enforceable. Emission rates in 

new source review permits under Chapter 116 

of this title (relating to Control of Air 

Pollution by Permits for New Construction or 

Modification) and certified registrations 

provided for under Chapters 106 or 116 of this 

title are also federally-enforceable emission 

rates.

Revisions to 30 TAC Section 116.611

Adopted on March 26, 2014

Submitted April 16, 2014

a) For purposes of determining applicability of 

the Federal Operating Permit Program under 

this chapter, the owner or operator of 

stationary sources without any other federallyenforceable emission rate may limit their 

sources' potential to emit by maintaining a 

certified registration of emissions, which shall 

be federally-enforceable. Emission rates in 

new source review permits under Chapter 116 

of this title (relating to Control of Air 

Pollution by Permits for New Construction or 

Modification) and certified registrations

provided for under Chapter Chapters 106 of 

this title (relating to Permits by Rule) or 

Chapter 116 of this title are also federallyenforceable emission rates.

Proposed revisions to 30 TAC Section 122.122(a) 

are non-substantive and clarify cross-references to 

other portions of the TAC. These revisions are 

approvable.

30 TAC Section 122.122

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

No change submitted. Language provided for 

context.
72

Table 10: Evaluation of 30 TAC Section 122.122 EPA’s Evaluation

b) All representations in any registration of emissions under this section with regard to emissions, 

production or operational limits, monitoring, and reporting shall become conditions upon which the 

stationary source shall operate. It shall be unlawful for any person to vary from such representation 

unless the registration is first revised.

30 TAC Section 122.122

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

c) The registration of emissions shall include documentation of the basis of emission rates and a 

certification, in accordance with §122.165 of this title (relating to Certification by a Responsible 

Official), that the maximum emission rates listed on the registration reflect the reasonably anticipated 

maximums for operation of the stationary source.

No change submitted. Language provided for 

context.

30 TAC Section 122.122

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

d) In order to qualify for registrations of emissions under this section, the maximum emission rates listed 

in the registration must be less than those rates defined for a major source in §122.10 of this title 

(relating to General Definitions).

No change submitted. Language provided for 

context.

30 TAC Section 122.122

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

e) The certified registrations of emissions shall 

be submitted to the executive director; to the 

appropriate commission regional office; and to 

all local air pollution control agencies having 

jurisdiction over the site.

1. Certified registrations established prior to 

the effective date of this rule shall be 

submitted on or before February 3, 2003.

2. Certified registrations established on or 

after the effective date of this rule shall be 

submitted no later than the date of 

operation.

Revisions to 30 TAC Section 116.611

Adopted on March 26, 2014

Submitted April 16, 2014

e) The certified registrations of emissions shall 

be submitted to the executive director; to the 

appropriate commission regional office; and to 

all local air pollution control agencies having 

jurisdiction over the site.

1. Certified registrations established prior to 

December 11, 2002, the effective date of 

this rule shall be submitted on or before 

February 3, 2003.

2. Certified registrations established on or 

after December 11, 2002, the effective 

date of this rule shall be submitted no 

later than the date of operation.

3. Certified registrations established for 

greenhouse gases (GHGs) (as defined in § 

101.1 of this title (relating to Definitions)) 

Proposed revisions to 30 TAC Section 

122.122(e)(1) and (e)(2) are non-substantive and 

replace the phrase “effective date of this rule” with 

the actual effective date of the rule. These 

revisions are approvable.

The new provisions at 30 TAC Section 

122.122(e)(3) discuss GHG PSD permitting for 

non-anyway sources. EPA is thus taking no action

at this time on this provision. 
73

Table 10: Evaluation of 30 TAC Section 122.122 EPA’s Evaluation

on or after the effective date of the United 

States Environmental Protection 

Agency’s final action approving 

amendments to this section into the State 

Implementation Plan (SIP) shall be 

submitted:

A. For existing sites that emit or have 

the potential to emit GHGs, no later 

than 12 months after the effective 

date of EPA’s final action approving 

amendments to this section as a 

revision to the Federal Operating 

Permits Program; or

B. For new sites that emit or have the 

potential to emit GHGs, no later than 

the date of operation.

30 TAC Section 122.122

SIP-Approved November 14, 2003

As adopted by the TCEQ on November 20, 2002

f) All certified registrations and records demonstrating compliance with a certified registration shall be 

maintained on-site and shall be provided, upon request, during regular business hours to 

representatives of the appropriate commission regional office and any local air pollution control 

agency having jurisdiction over the site. If however, the site normally operates unattended, certified 

registrations and records demonstrating compliance with the certified registration must be

maintained at an office within Texas having day-to-day operational control of the site. Upon request, 

the commission shall make any such records of compliance available to the public in a timely 

manner.

No change submitted. Language provided for 

context.

The analysis presented above in Table 10 shows that EPA should take no action at this time on the revisions submitted to 30 TAC 

Section 122.122(e)(3), (e)(3)(A), and (e)(3)(B). These provisions directly relate to permitting of non-anyway sources. In new 

provision 30 TAC Section 122.122(e)(3), the TCEQ was providing sources emitting greenhouse gases a way to avoid Title V 

applicability by submitting certified registrations. Since the Supreme Court UARG decision, Title V applicability will be triggered by 

the requirement to have a PSD permit. As such, 30 TAC Section 122.122(e)(3) is no longer appropriate for inclusion in the Texas SIP. 
74

EPA will continue to act on the non-substantive revisions to 30 TAC Section 122.122(a), (e)(1), and (e)(2) to update a date reference. 

These provisions are not impacted by the Supreme Court decision.
75

3. Recent UARG v. EPA U. S. Supreme Court Decision (June 23, 2014)

The evaluation presented above in Sections II.D.1 and 2 of this TSD, provides a line-item review

and analysis of the revisions submitted by the TCEQ and identifies what revisions EPA considers 

appropriate to approve at this time in light of the Court’s June 23, 2014 decision. The following 

discussion also delineates how the Texas PSD program as a whole appropriately applies to 

GHGs and demonstrates that EPA’s finalization of this action is consistent with the Court’s

decision.

There are two important elements from the UARG decision that affect our final action: 1) The 

Court stated that the EPA may not treat GHGs as an air pollutant for purposes of determining 

whether a source is a major source required to obtain a PSD permit; and 2) The Court said that 

the EPA could continue to require that PSD permits, otherwise required [based on emissions of 

pollutants other than GHGs], contain limitations on GHG emissions based on the application of 

BACT. The Court also noted that EPA may limit application of BACT to GHGs to those 

situations where a permit applicant’s source has the potential to emit GHG above a threshold (de 

minimis level) but that EPA would have to provide a justification for that level. In the interim, 

pending further action by the D.C. Circuit Court and rulemaking by the EPA, the EPA believes it 

is appropriate to continue applying existing regulations that address application of the BACT 

requirement to GHGs. Thus, the EPA believes it is permissible at this time for state 

implementation plans to provide for processing PSD permit applications for “anyway” sources 

using a 75,000 (tpy) CO2e threshold to determine whether a permit must include a BACT 

limitation for GHGs pending further developments. 

The following analysis explains how the Texas PSD program for GHGs meets the requirements 

of the Clean Air Act, EPA’s regulations, and fits within the parameters of the Court’s decision.

First, the revised Texas PSD SIP recognizes GHGs and appropriately applies GHG requirements 

to PSD through the new definitions of “greenhouse gases” in 30 TAC Sections 101.1 and 116.12

and the definitions adopted at 30 TAC Section 116.12 for “carbon dioxide equivalent” and 

“federally regulated air pollutant.” The “carbon dioxide equivalent” definition is necessary to 

calculate the amount of GHG emissions in PSD permit applications and the revised definition of 

“federally regulated new source review pollutant” explicitly identifies GHGs as regulated NSR 

pollutants. In addition, this definition references thresholds outlined in 30 TAC Section 116.164, 

which include the 75,000 tpy CO2e threshold for application of BACT to GHGs as discussed 

above. 

Second, once a GHG source is determined to be subject to PSD, the Texas PSD program 

elements at 30 TAC Sections 116.160, 116.164 and 116.169 apply in the following way:

1. The applicability of the Texas PSD program is governed by 30 TAC Section 116.160(a) 

and applies to each proposed new major source or major modification in an attainment or 

unclassifiable area. To ensure that the Texas PSD program does not use GHG emissions to 

determine whether a source is a major stationary source or a major modification subject to 

PSD, EPA is taking no action at this time on the substantive revisions in 116.160 (a) 

pertaining to GHGs, or to the revisions to the definitions in 30 TAC Section 116.12(19) 

and (20) that expanded “major stationary source” and “major modification” to apply to 

GHG non-anyway sources and modifications. This ensures that the portion of the existing 
76

Texas PSD program at 30 TAC Section 116.160(a) that is part of the approved Texas SIP 

does not extend PSD applicability to sources not already subject to PSD based on emissions 

of non-GHG pollutants and limiting it solely to anyway sources;

2. After it has been determined that an existing source proposing to modify is a major source 

potentially subject to PSD requirements, the next step in the Texas PSD program is to apply 

the netting test as required under 30 TAC Section 116.160(b). Under the Texas regulations, 

this netting test is to determine whether the modification requires a PSD permit because it 

results in a significant increase of federally regulated new source review pollutants. We 

note that because the Texas SIP explicitly identifies GHGs as a federally regulated NSR 

pollutant above the interim thresholds in 30 TAC Section 116.164, that the 75,000 tpy 

CO2e threshold will be used for GHGs rather than the default of any amount greater than 

0 tpy for a pollutant not listed at 40 CFR 52.21(b)(23). This ensures that PSD requirements 

will only apply to GHGs when a modification increases GHGs above this level. 

3. Finally, once the netting test under 30 TAC Section 116.160(b) has been completed, if the 

net emissions from construction of a new source or a major modification are greater than 

the major modification levels at 52.21(b)(23) or the interim thresholds for GHGs at 30 

TAC Section 116.164, then BACT is required to be applied under 30 TAC Section 

116.160(c). Therefore, with only the provisions approved in this action identified above, 

the approved portions of the Texas PSD program in the state’s SIP will apply BACT for 

GHG emissions at the interim thresholds to only the anyway sources and modifications.

EPA concludes that the Texas SIP and PSD program regulate GHGs through the PSD program 

as consistent with the June 23, 2014 UARG v. EPA decision for anyway sources.
77

III. Conclusion

The technical analysis provided in the preceding Section II has reviewed the changes adopted by 

the TCEQ in support of GHG PSD Permitting on March 26, 2014, and outlines the specific 

changes from the proposed rule language that was included in EPA’s proposed parallel 

processing on February 18, 2014. Our analysis indicates that each adopted change is 

substantiated by the State’s record, is consistent with federal requirements, and is nonsubstantive in nature. 

The technical analysis provided in the preceding Section II has reviewed the changes adopted 

and submitted by the TCEQ for the permitting of GHGs in light of the June 23, 2014, Supreme 

Court of the United States UARG v. EPA decision. Based on this analysis, EPA has determined

that it is not appropriate at this time for the Agency to take action on the following submitted 

provisions because they address permitting of non-anyway sources for GHG PSD.

 30 TAC Section 106.4(a)(1), (a)(3) and (a)(4) adopted on March 26, 2014 and submitted on 

April 16, 2014;

 30 TAC Section 116.12(19) adopted on March 26, 2014 and submitted on April 16, 2014;

 30 TAC Section 116.12(20) adopted on March 26, 2014 and submitted on April 16, 2014;

 Revisions to 30 TAC Section 116.111(a)(2)(I) adopted on March 26, 2014 and submitted on 

April 16, 2014;

 30 TAC Section 116.160(a) adopted on March 26, 2014 and submitted on April 16, 2014;

 30 TAC Section 116.160(b) adopted on March 26, 2014 and April 16, 2014;

 30 TAC Sections 116.164(a)(3), (a)(4), (a)(5), and (b) adopted on March 26, 2014 and 

submitted on April 16, 2014;

 30 TAC Sections 116.610(b) adopted on March 26, 2014 and submitted on April 16, 2014;

 30 TAC Sections 116.611(b), 116.611(c)(3), 116.611(c)(3)(A), and 116.611(c)(3)(B) adopted 

on March 26, 2014 and submitted on April 16, 2014; and

 30 TAC Sections 122.122(e)(3), (e)(3)(A), and (e)(3)(B) adopted on March 26, 2014 and 

submitted on April 16, 2014.

Accordingly, it is recommended that EPA finalize approval as proposed on all remaining 

provisions adopted on March 26, 2014 and submitted on April 16, 2014 by the TCEQ.