# 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 1 22 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,
Appe ndix 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 Decision 26

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 3 0 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 applicati ons. The December 2, 2013, SIP submittal was a request for parallel processing of revision proposed by the TCEQ on October 23, 2013 , m eaning that EPA proposed approval of a rule that was not yet final at the

State level. During the time that EPA proposed a pproval, 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

comment s will change EPA’s proposed action. Second, t his 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)

.

### 4



# 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 thi s 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 sen t 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 th e 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 eff

ective 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 und er 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 Stat e 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 regul ations 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 c onstitution 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 give n 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 t o 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 t he 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 respo nse 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 expand s the applicability of the T exas 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 identif ies 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

a ffected 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.)

T he 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 ne w 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 G HG 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.

Mode ling 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 amend s 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 impleme nted 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 amend s the existing PSD program and do es 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 app roved 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 amend s 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 ap plications 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 83 rd 

### Legislature, 2013, has

sp ecifically 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 adopt ed 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 amende d 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, t he TCEQ has adopted several typographical corrections throughout section 39.411.

 30 TAC S ection 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 Exec utive 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 amend ments 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 deci sion.

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 (CO 2 

### ) and methane (CH 4 

### ).

o The TCEQ h as 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 p rovide 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 prov isions.

 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 1 06

– Permits by Rule The Texas Permits by Rule program under 30 TAC Chapter 106 is one component of the SIP

approved 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; provid ed 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.

### 11

NSR program is also SIP

- approved at 30 TAC Chapter 116. The TCEQ has adopte d s everal 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 adopt ed the following:

 30 TAC Section 116.12

– Nonattainment and Pre vention 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 T he 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 permit ting 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

e stablished 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 Dete rioration 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 modific ation. 2



###  30 TAC Section 116.169

– Greenhouse Gas es Program Transition s 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 s ubsection does not identify the actions to be taken by EP A, 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 Stan dard 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 o f 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 Sta ndard 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 construction 4 

### . The TCEQ also adopted amendments to 30

TAC Section 116.611 that establish a deadline for source that are cur rently 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 perm itting.

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 non

anyway 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 non

anyway 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

- an yway 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.

### 13



## 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. Specifical ly, 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 non

substantive/non

- significant changes or are a logical outgrowth of the proposed rule, consistent

with t he 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 th is 30 TAC Section 39.411(e)

... ( 15) if n o t ic e is f

or a n a ir q u a l i t y

a pp l ica t i on f

or a an ai r q u a l i t y

p e r m it u n der Ch a p t er 11 6

, S u b c h a p t er B , D i v i s i on 6 of t h is

t i tl e ( r e l a t i ng t o Pr e v e n t i on of

S i gn i f ica nt D e t e r i or a t i on R e v ie w )

t h a t w o ul d a ut hor iz e on l y

e m i s s i ons of gr ee n ho u se g a s es a s de f i n e d i n §1 0 1.1 of t h i s t i tl e ( r e l a t i ng to D e f

i n i t i ons ), a The adopted revision to 30 TAC

Section 39.411(e)(15) adds the

modifier “interested” to describe the type of person who can re q uest 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

- and

comment period.” Int'l Union, United Mine Workers of Am. v. MSHA , 407 F.3d 1250, 1259 (D.C.Cir.2005) (internal quotations o mitted). 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 co nvincing. ” 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 be en 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 t o satisfy federal public notice requirements. s t a t e m e nt t h a t a ny i n t e r e s t e d p e rson is e n t i tl ed t o r e q u e st a p u b l ic

m ee t i ng or a no t i c e a nd c omm e nt
h ea r i n g, a s a pp l i ca b l e, f

rom

t he c omm i s s i on; a nd the SIP

- approved public notice requirements for non

- GHG PSD permits

. Further, the revision is

substanti ated by the State’s rulemaking record at 39 TexReg 2862, April 11, 2014.

The adopted revision is approvable and supportable as it is a non

substantive 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 notic e 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 t his 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) W h e n no t ic e of a p u b l i c m ee t i ng by p u b l i ca t i on or by m ai l i s

r e q u i r e d by S u b c h a p t e rs H a nd K o f

t h i s c h a p t e r f

or ai r q u a l i t y p e rm i t

a pp l i ca t i o ns f

i l e d on or a ft e r t he

e ff ec t i v e da t e of t h i s s e c t i on, t he

t ex t of t he no t ic e m u st i n c lu d e t he

i n f orm a t i on i n t h i s s u bp a r a gr a ph.

A i r q u a l i t y p e rm i t a pp l i ca t i ons f i l e d

b e f ore t he e ff

ec t i v e da t e of t h i s

s ec t i on a re go v e rn e d by t he r ul e s i n S u b c h a p t e rs H a n d K of t h i s c h a p t e r

a s t h e y e xi s t e d i mm e d ia t e l y b e f ore

t he e ff ec t i v e da t e of t h i s s ec t i on,

a n d t hose r ul e s a re c on t i n u e d i n

e ff ec t f or t h a t p u rpos e

.

( 1) t he i n f orm a t i on r e q u i r e d by

s u bs e c t i on ( e )( 1)

- ( 3 )

, ( 4 )( A )

, ( 6 )

, (8 )

, ( 9 ), a nd ( 1 6 ) ( 15) of

t h i s s e ct i on; This adopted revision is approvable and supportable as it is a non

substantive 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 cross

references and numbering doing a

ru le 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 non

substantive 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 inclu de 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 r ules and procedures. of this chapter for air quality permi t 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 cross

reference s 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

- substan tive 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 perm it, 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 sul fur dioxide (SO 2 )

, or inhalable particulate matter (PM); or (C). 15 tpy of particulate matter

with diameters of 10 microns or less (PM 10 ); or (D). 10 tpy of particulate matter

with diameters of 2.5 microns or less (PM 2.5 ); or (E). 25 tpy of any other air

contaminant e xcept:
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 (SO 2 ), or inhalable particulate matter (PM); (C). 15 tpy o f particulate matter

with diameters of 10 microns or less (PM 10 ); (D). 10 tpy of particulate matter

with diameters of 2.5 microns or less (PM 2.5 ); 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 non

substantive 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 permitt ing

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 constit utes 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 Si gnificant 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 non

substantive revis ion 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

si gnificant 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 titl e 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 t his 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 emis sions 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 a n account shall not exceed 250 tpy of CO

or NO X ; or 25 tpy of VOC or

SO 2 or PM; or 15 tpy of PM 10 ; or 10 tpy of PM 2.5 ; 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 Pe rmits 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 SO 2 or PM; or 15 tpy of PM 10 ; or 10 tpy of

PM 2.5 ; 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 non

substantive 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 specif

ied 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 non

fossilized and biodegradable organic material originating from plants, anima ls, or micro

organisms (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 a n amount of greenhouse gases (GHGs) emitted, and shall be computed by multiplying th e 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

Glo bal 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 non

fossilized and biodegradable organic material originating from plants, animals, or micro

organisms (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 R ule. 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.

I n 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 definiti on 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 A ct (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

a ir 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 cons tituent 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

consti tuents 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 adde d 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 non

substantive 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 liste d 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 so urce 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 greenhou se 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

sou rce 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 signifi cant 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 Applicabilit y 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 deter ioration The TCEQ adopted revisions to the

definition of “ major stationary

source ” at 30 TAC Section 116.12(19) tha t further clarifies a major stationary source is a stationary source with the PTE a t a threshold quantity of GHGs. The

definition also refers to the GHG

PSD 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 non

anyway 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 SIP

approved 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 maj or 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

li sted 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 whet her 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 mo re 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 fe deral 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 non

anyway 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 tha t 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), Su bchapter 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 demonstr ate 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 permi tting.

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. 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 A gency (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 fo r greenhouse gas prevention of 30 TAC Section 116.169

. Greenhouse Gases (GHGs) Program Application Transition s

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 non

substantive 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. S ection 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

green house 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 t he

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) becau se 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 Subch apter 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

n ew 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 chap ter 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

remain ing pollutants through a

Standard Permit. At the time of the state’s adoption, t his 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 non

anyway 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

fo r 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 approvi ng amendments to § 122.1 2 2 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 o n § 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 t itle (relating to Definitions)) on or after the

effective date of EPA’s final action approving amendments to § 122.1 2 2 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

P rogram ; 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 recor d.

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. Therefore, the adopted revisions to 30 TAC Section 116.11(c) will not

be acted on at t his 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 TA C 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 approv ing 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 requirem ents 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

cert ification. 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 Progra m ; 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 non

anyway 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 h eld that the EPA has the

autho rity to regulate GHGs for sources already subject to the PSD permitting requirements

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

that is subject to PSD based on emissions of pollutants other than GHGs (anyway s ources). However, the Court stated that EPA did not have the authority to require that so urces obtain PSD permits solely based on the amount of their emissions of GHGs ( Tailoring Rule Step 2 or non

anyway 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 proceed ing with a final approval, as proposed via parallel processing and revised as disc ussed

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 provis ions serve to establish general definitions that provide the TCEQ the authority to recognize GHGs as a pollutant. These requirements are separate from the non

anyway GHG permitting requirements. Therefore, EPA is proceeding with a final approval, as

propos ed 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 b y 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

evaluate d all revisions submitted to 30 TAC Chapter 106 to determine wh ether 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 sati sfy 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 (SO 2 ) 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

lim its, 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 (SO 2 )

, or inhalable particulate matter (PM); or The revision to 30 TAC Section 106.4(a)(1) is likely no longer need ed 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. On c e 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 (PM 10 ); or 10 tpy of particulate matter with diameters of 2.5 microns or less (PM 2.5 ); or 25 tpy of any other air contaminant except carbon dioxid e, water, nitrogen, methane, ethane, hydrogen, and

oxygen. C. 15 tpy of particulate matter with diameters of 10 microns or less (PM 10 ); o D. 10 tpy of particulate matter with diameters of 2.5 microns or less (PM 2.5 );

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 SI P 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 ti tle (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 Modif ication 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

li kely no longer needed p ost 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 modifi cations

.

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,

Subc hapter 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 ma jor 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 proj ects 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

– Requi rements 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 PM 10 ; or 10 tpy of

PM 2.5 ; 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 rul e at an account shall not exceed 250 tpy of CO or NO X ; or 25 tpy of VOC or

SO 2 or PM; or 15 tpy of PM 10 ; or 10 tpy of

PM 2.5 ; 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 need ed 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. On c e 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 Permit ting 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 P art 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 NO X if they are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap a nd 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 goo d 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 Te xas Health and Safety Code

TCAA , §382.113 and any other applicable law

. Proposed revision to 30 TAC Section 106.4(d) corrects an internal cross

reference 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 submitte d 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 fi nds 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 Sec tion 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 Cha pter 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), ha ve 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 Cha pter 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), ha ve 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 direct or 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

perm itting.

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 facili ty 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 compl ete 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 use d 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 wh ich 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 ext ent 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 Qu ality 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 Definition s 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 ge nerating 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 typ ically 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 a n 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 t he 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 inf ormation, 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, t he 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 pa rameter. 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 Defi nitions 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 Cla ssification 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 a n 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 potent ial 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 CO2equivalen t 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 revisi on 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 SIP

approved 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

Unite d 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 SIP

approved 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 cann ot 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 SIP

approved 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 SIP

approved 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 SIP

approved definition to account for renumbering.

This revision is still approvab le.

### 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 c ontemporaneous 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 SIP

approved 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 providin g 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

dist ribution 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 t he affected facility. Non

- substantive change to SIP

approved 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 2 6, 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 U nited 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 establish ed 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 delis ted 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 sou rce 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 o f 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 rulemaki ng (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 ref lects 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 f acility 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 SIP

a pproved 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 polluta nt 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 applicabilit y 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

nonattain ment areas. Non

- substantive change to SIP

approved 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 potent ial 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 so urce 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 tha t 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 sourc e 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 t he 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 identifi ed 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 t hresholds 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 fugiti ve 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 UA RG 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 SIP

approved 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 maj or 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 signif icant 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 designation 1 Major

Source tons/year Significant

Level 2 tons/year Offset Ratio

minimum

Ozone (VOC,NO X ) 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 1 4

II serious 50 50 1.00 to 1 4

SO 2 100 40 1.00 to 1 4

PM 10 I moderate 100 15 1.00 to 1 4

II serious 70 15 1.00 to 1 4

NO X 5 100 40 1.00 to 1 4

Lead 100 0.6 1.00 to 1 4

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

an d 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

ma jor 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 signi ficant 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 designation 1 Major

Source tons/year Significant

Level 2 tons/year Offset Ratio

minimum

Ozone (VOC,NO X ) 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 1 4

II serious 50 50 1.00 to 1 4

SO 2 100 40 1.00 to 1 4

PM 10 I moderate 100 15 1.00 to 1 4

II serious 70 15 1.00 to 1 4 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 t hey 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 SIP

approved 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 th e 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 ex isting 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 a re 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

NO 2 = nitrogen dioxide

CO = carbon monoxide

SO 2 = sulfur dioxide

PM 10 = particulate matter with an aerodynamic diameter less than or equal to ten microns

5 Applies to the NAAQS for nitrogen dioxide (NO 2 ).

(continued below) NO X 5 100 40 1.00 to 1 4

Lead 100 0.6 1.00 to 1 4

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

ne tting 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 ta ble.

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

NO 2 = nitrogen dioxide

CO = carbon monoxide

SO 2 = sulfur dioxide

PM 10 = particulate matter with an aerodynamic diameter less than or equal to ten microns.

5 Applies to the National Ambient Air Quality Standard NAAQS fo r nitrogen dioxide ( NO 2 )

.

(continued below) TAC Section 101.1(70) has been changed to a general reference to the

definition of nonattainment area at 30

TA C 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 alternativ e 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 t hat 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

accomm odating 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

ch apter; (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 terminat ed;

(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. Revisi ons 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 SIP

approved 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

d ecreases. 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 decreas es. (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 f

ederal 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 decre ase in emissions of sulfur dioxide, particulate matter, or Non

- s ubstantive change to SIP

approved 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 onl y 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 t he 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 signific ance 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

reason able 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 require s 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 emissi on 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 actu al 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 issui ng 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 occur s 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 th is 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 Trad ing; 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. I n 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), e xcept 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 SIP

approved 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 SIP

approved 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 SIP

approved 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 pollu tant 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 SIP

approved definition t o 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 plant

wide applicability limit. Non

- substantive change to SIP

approved 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

- wid e applicability limit is established at a major stationary source. Non

- substantive change to SIP

approved 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, inc luding 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 fede rally 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 eq uipment 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 em issions, as defined in 40 Code of Federal Regulations §51.165(a)(1)(viii), do not count Non

- substantive change to SIP

approved definition to account for renumbering. This revision is still

appro vable.

### 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

un der 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 m ust meet the creditability

criteria listed under the definition of net emissions

increase in this section. Non

- substantive change to SIP

approved 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 historica lly 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 emi ssions, 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 t he 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 cha nge to SIP

approved 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 com pliance 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 fro m 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 pro ject, 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 a ctual 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

b aseline 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 completio n 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

- sub stantive change to SIP

approved 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 SIP

approved definition to account for renumbering. This revision is st ill 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 r eplaced 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

ba rred 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 functiona lly 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

existin g 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

e missions 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 are a 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 oper ation 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 ch ange to SIP

approved 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 SIP

approved 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. renumberi ng. 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 SIP

approved 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 SIP

approved definitio n 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. Revi sions 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 SIP

approved definition to account for renumbering. Th is 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 s ubstantive revisions to the definition s of “majo r 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 TCE Q 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 116.1 11 on September 15, 2010. These revisions were submitted on October 5, 2010. EPA has taken no action t o 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

evaluate s 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 o nly 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 emissio ns 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. Prot ection 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 modificatio n 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 indiv iduals 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 th e "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

Envir onmental 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 r egulation 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 u nder 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, wit h 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. Revi sion 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 A ugust 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 re quirement. 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 C hapter 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. Th e 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 c oncerning 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 wi th all The revisions to 30 TAC Section 116.111(a)(2)(I) are likely no longer

need ed 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 revisions to 30 TAC Section 116.111(a)(2)(I)

that were su bmitted on April 16, 2014,

at this time. On c e 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 PS D 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 requir e 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 gu idelines 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

p rovided 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 requir ements. 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; Pub lic 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 provisio ns 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 con sistent with federal requirements and remain appropriate for EPA to fin alize. 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 s hould 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, 20 14. 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. 1 6 1 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 fu rther developments

after the UARG v. EPA decision. EPA

will determine a n 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 thre sholds for the pollutant identified in 40 Code of Federal Regulations (CFR) §52.21(b)(23). Revisions to 30 TAC 116. 1 60 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 t o 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 modificati on 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 r esult 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 require ments 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 regul ated 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 e xisting 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

Preventio n 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)(1 9), concerning innovative control technology; and Revisions to 30 TAC 116. 1 60 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 th e 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 CF R §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 non

anyway 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), concerni ng 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 "a dministrator" 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 q uality 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), c oncerning 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 provisi ons 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 Section s 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 sourc es
, 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 author ity to regulate GHG emissions from “anyw ay sources and anyway modifications” through the PSD program. The adoption of the definitions

of “ GHG ” and “CO2 e ” 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 s ubject 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 G reenhouse 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 Deterior ation review under the following

conditions: Proposed new 30 TAC Se ction 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 amou n t of GHGs. Thus, it continues to be permissible for a SIP to include a properly

justified emiss ions 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 dioxi de 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 a s 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 p roposed

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 stationa ry 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 S upreme Court decisions. Thus, EPA believes it is appropriate at this time to take action to approve the p roposed

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 p hysical 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 Sectio n 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 t o 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 sect ion 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 GH Gs. 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 subse ction (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, p hysical 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 116.16 4(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 n o 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 wheth er EPA should take no action at this time on such provisions pending further developments. Fol lowing 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 provid ed 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

t he 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 mu st 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 gas es (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

Limitati ons) ) , 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 s tandard 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. 61 0(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

contr ol 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 Po llutants 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 allocation s 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 req uirements 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 t han 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 P ermits 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 a ir 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 thi s 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 e missions 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, be fore 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 b e 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 116.61 1 Adopted on March 26, 2014 Submitted April 16, 2014 b) Construction may beg in 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 Sour ces)

. 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 includ e 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 reg istration 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 sub mitted 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 116.61 1 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 rev isions 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 operatio n. Revisions to 30 TAC Section 116.61 1 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

S ubmitted 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 § 122.1 2 2 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 §

122.1 22 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 analysi s 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)

. Th ese provision s 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 so urces 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 Sect ion

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 decisio n.

### 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 b ecause 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 federally

enforceable emission rate may limit thei r 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 Co nstruction 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 federally

enforceable 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 federally

enforceable 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 r evised.

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. N o 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

i n 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

oper ation. 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 polluti on 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 Decembe r 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 da te 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 sit es 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

pote ntial 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 o n 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

- substantiv e 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 prese nted 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 demonstrate s that EPA’s finalization of this action is consistent with the Court’s

decision.

The re are two important elements from the UARG dec ision that affect our final action: 1) T he

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 ap plication 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 impleme ntation 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 ho w 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, t he revised Texas PSD SIP recognizes GHGs and appropriately applies GHG requirements

to PSD thro ugh 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 ne cessary to
calculate the amount of GHG emission s 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 thre sholds 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, o nce 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 ens ure 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 1 16 .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. Th is ensures that the portion of the existing

### 76

Texas PSD pr ogram 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 source s ; 2. After it has been determined that an existing source proposing to modify is a major source potentially subject to PSD requirements, t he 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 r egulations,

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 mod ification 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 approv ed 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 outline s the specific changes from the proposed rule language that was included in EPA’s proposed parallel processing on February 18, 2014. Our analysis in dicates that each adopted change is substantiated by the State’s record, is consistent with federal requirements, and is non

substantive 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 submit ted 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 Secti on 116.160(a) adopted on March 2 6, 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) ad opted 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.