### TECHNICAL SUPPORT DOCUMENT Texas Public Participation for Air Quality Permit Applications

December 12, 2012

Revisions to 30 TAC Chapter 39 submitted July 2, 2010 Revisions to 30 TAC Chapter 55 submitted July 2, 2010 Revisions to 30 TAC Chapter 116 submitted Ju ne 22, 1998; October 25, 1999; July 2, 2010 and March 11, 2011

No material in this submittal package was de signated as Confidential Business Information.

FOR FURTHER INFORMATION CONTACT: Adina Wiley United States Environmental Prot ection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115

### i Table of Contents December 12, 2012

I. Introduction ............................................................................................................... ............... Page 1 A. What are we addressing in this action? .............................................................................. Page 1 B. What are we not addressing in this action? ........................................................................ Page 3 II. History of Texas Public Participati on Submittals and EPA’s Actions ..................................... Page 5 A. Existing SIP-Approved Public Participation Rules ........................................................... Page 5 B. EPA’s Proposed Limited Approval/Limited Disapproval ................................................. Page 5 C. TCEQ’s July 2, 2010 Public Participation SIP Submittal .................................................. Page 6 D. EPA’s Withdrawal of Proposed Limi ted Approval/Limited Disapproval ......................... Page 7 E. TCEQ’s March 11, 2011 SIP Submitta l of 30 TAC Section 116.194 ............................... Page 7 III. Summary of Texas Public Par ticipation SIP Submittals .......................................................... Page 8
IV. Technical Evaluation of the Texas Pub lic Participation SIP Submittals .................................. Page 12 A. 40 CFR Part 51, Appendix V Evaluation of the July 2, 2010 SIP Submittal ..................... Page 13 B. Evaluation of the Public Participation Require ments for Major Sources and Modifications Subject to PSD Permitting Requirements ....................................................................................... Page 19 1. Public Participa tion Process ........................................................................................ Page 1 9 2. Analysis of Requirements in 40 CFR Part 51 Specific to PSD Sources ..................... Page 20 3. Analysis of Revisions to th e Texas PSD Supplement ................................................. Page 44 4. Does the Current Public Participation SIP S ubmittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?........................................................................................................ Page 46 5. Findings for Public Participati on for PSD Permit Applications ................................. Page 47 C. Evaluation of the Public Participation Require ments for Major Sources and Modifications Subject to NNSR Permitting Requirements .................................................................................... Page 48 1. Public Participa tion Process ........................................................................................ Page 4 8 2. Analysis of Requirements in 40 CFR Part 51 Specific to NNSR ................................ Page 49 3. Does the Current Public Participation SIP S ubmittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?........................................................................................................ Page 65 4. Findings for Public Participati on for NNSR Permit Applications .............................. Page 65
D. Evaluation of the Public Pa rticipation Process of Applicati ons for PAL Permit Applications

.............................................................................................................................. ............. Page 66 1. Public Participa tion Process ........................................................................................ Page 6 6 2. Analysis of Requirements in 40 CFR Part 51 Specific to PALs ................................. Page 67 3. Does the Current Public Participation SIP S ubmittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?........................................................................................................ Page 78 4. Findings for Public Participati on for PAL Permit Applications .................................. Page 79
E. Evaluation of the Public Pa rticipation Process for Sources and Modifications Subject to Minor NSR Permitting ................................................................................................................ .. Page 80 1. Public Participa tion Process ........................................................................................ Page 8 1 2. Analysis of Requirements in 40 CFR Part 51 Specific to PALs ................................. Page 82 a. Does every permit application for a new minor source or minor modification go through public notice? ........................................................................................................ Page 97 b. Minor NSR Public Notice Requirements Specific to Two Types of Minor NSR Permit Amendment Applications ..................................................................................... Page 100
i. Identification of the Minor NSR Emission Thresholds and Affected Source Populations .................................................................................................. Page 100
ii. How were the “De minimis” and “Insignifi cant” Thresholds for Minor NSR Permit

Amendments Establis hed? .......................................................................... Page 101 (A) Texas “De Minimis” Thresholds for Minor Permit Amendments ........ Page 101 (B) Texas “Insignificant” Thresholds for Minor Permit Amendments for Selected Agricultural Facilities ........................................................................... Page 102

### ii 3. Does the Current Public Participation SIP S ubmittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?........................................................................................................ Page 10 3 4. Findings for Public Participation fo r Minor NSR Permit Applications ....................... Page 105 F. Evaluation of the Public Participation Pro cess for Permit Renewal App lications ............. Page 106 1. Public Participa tion Process ........................................................................................ Page 1 06 2. Analysis of Requirements in 40 CFR Part 51 Specific to Permit Renewals ............... Page 107 3. Does the Current Public Participation SIP S ubmittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?........................................................................................................ Page 12 0 4. Findings for Public Participation for Permit Renewal App lications ............................ Page 121 G. Evaluation of the Pending Revi sions to Chapter 39 .......................................................... Page 122 H. Evaluation of the Pending Revi sions to Chapter 55 .......................................................... Page 145 I. Evaluation of the Pending Revi sions to Chapter 116 ........................................................ Page 149 J. Does Approval of Texas’s Public Participa tion SIP Submittal Interfere with Attainment, Reasonable Further Progress, or Any Other Appli cable Requirement of the Act? ........... Page 161
V. Conclusion ................................................................................................................. ............... Page 162

### 1 I. Introduction

A. What are we addressing in this action?

This technical support document (TSD) revi ews severable portions of four proposed revisions to the Texas State Implementation Plan (SIP) pertaining to public participation for Texas air quality permit applications. This review will determine if the revisions are consistent with the requirements of the Cl ean Air Act and EPA’s policy and guidance. The following four SIP revisions ar e the subject of this TSD:

December 15, 1995

 On November 16, 1995, the Texas Natural Resource Conservation Commission 1 

### adopted revisions to the Texas SIP relating to Pe rmit Renewals. Governor George W. Bush
submitted these amendments as revisions to the Texas SIP in a letter dated December 15,
1995.

 This submittal includes revisions to 30 TAC 116.312. This section was repealed and readopted on June 17, 1998, and resubmitted July 22, 1998

July 22, 1998

 On June 17, 1998, the Texas Natural Res ource Conservation Co mmission adopted revisions to the Texas SIP to make genera l corrections and clar ifications to 30 TAC Chapter 116 – Control of Air Pollution by Perm its for New Construction or Modification. Governor George W. Bush submitted these amen dments as revisions to the Texas SIP in a letter dated July 22, 1998.

 EPA has taken several rulemaking actions over the years on this SIP package. However, we have yet to address the adoption of th e public participation provisions for permit renewal applications at 30 TAC 116.312. Note that the July 22, 1998 submittal of section 116.312 included a repeal and replacement of section 116.312 as submitted December 15, 1995. Therefore, section 116.312 as submitted July 22, 1998 remains before us for
review.

October 25, 1999

 On September 2 and September 29, 1999, the Texas Natural Resource Conservation Commission adopted revisions to the Texas SIP to implement Texas House Bill 801 to establish new procedures for public particip ation in environmental permitting. Governor George W. Bush submitted these amendments as revisions to the Texas SIP in a letter dated October 25, 1999. The TCEQ also submitte d the repeal of section 116.124 at this
time.

 On July 2, 2010, the TCEQ formally withdr ew from our consideration all submitted components of the October 25, 1999, submittal, with the exception of sections 39.411(a), 39.418(b)(4), 55.152(b), 116.111(b), 116.114(a)(2), 116.114(a)(2)(A), 116.114(a)(2)(B), 116.114(b)(1), 116.114(c)(1)-(3), 116.116(b)(4 ) and 116.312. These sections were

1 The Texas Natural Resource Conservation Commission is a predecessor agency to the Texas Commission on Environmental Quality. In general, this TS D will refer to the agency as the TCEQ.

### 2 retained for EPA review and will be analyzed w ith the entirety of the Public Participation revisions submitted on July 2, 2010.

July 2, 2010

 On June 2, 2010, the TCEQ adopted amendments to the Texas SIP concerning Public Notice at 30 TAC Chapter 39; Requests fo r Reconsideration and Contested Case Hearings; Public Notice at 30 TAC Chapter 55; and Control of Air Pollution by Permits for New Construction or Modification at 30 TAC Chapter 116. 2 

### Chairman Bryan W. Shaw, PhD, submitted these amendments as revi sions to the Texas SIP in a letter dated July 2, 2010.

 The amendments submitted as revisions to the Texas SIP are as follows: 30 TAC §§

o 39.402(a)(1) – (6), (8), and (10)-(12)

o 39.405(f)(3) and (g), (h)(1)(A)-(4), (6), (8)-(11), (i) and (j)

o 39.407

o 39.409

o 39.411(e)(1)-(4)(A)(i) and (iii), (4)(B), (5)(A) and (B), (6 )-(10), (11)(A)(i) and (iii) and (iv), (11)(B)-(F), (13) and (15), and (f)(1)-(8), (g) and (h)

o 39.418(a), (b)(2)(A) and (c)

o 39.419(e)

o 39.420(c)(1)(A) – (D)(i)(I) and (II), (D)(ii), (c)(2), (d)-(e), and (h)

o 39.601

o 39.602

o 39.603

o 39.604

o 39.605

o 55.150

o 55.152(a)(1), (2), (5) and (6)

o 55.154(a), (b), (c)(1)-(3) and (5), and (d)-(g)

o 55.156(a), (b), (c)(1), (e) and (g)

o 116.114(a)(2)(B), (a)(2)(C), (c)(2), and (c)(3)

o 116.194

 On June 2, 2010, the TCEQ also adopted the wit hdrawal from consideration by the EPA, the new and amended rules that were previously submitted as revisions to the SIP on October 25, 1999; July 31, 2002; and March 9, 2006. The TCEQ withdrew from our consideration all sections of the 1999, 2002, and 2006 submittals except for 30 TAC §§ 39.411(a) and 55.152(b) as adopted in 1999, and § 39.418(b)(3), submitted in 1999 as § 39.418(b)(4).

 As a result of the amendments to 30 TA C §§ 39.411(f)(8)(A) and 39.605(1)(D), the TCEQ requested on July 2, 2010, that EPA remove the corresponding two commitments from paragraph 7 of the July 17, 1987 Texas PSD Supplement.

March 11, 2011

 On January 11, 2006, the TCEQ adopted amendments to the Texas SIP at 30 TAC Chapter 116 to implement NSR reform. These amendments included the establishment of the

2 This TSD will collectively refer to the July 2, 2010, submitted revisions to the Texas SIP and the three remaining sections from the October 25, 1999 submittal as the Texas Public Participation submittal.

### 3 permitting program for plant-wide applicability permits and the associated public notice provisions for PALs at section 116.194. Chairman Kathleen Hartnett White submitted these
amendments as revisions to the Texas SIP in a letter dated February 1, 2006.

 EPA disapproved the February 1, 2006 NSR reform submittal, including PALs and the PAL public notice provision at se ction 116.194 on September 15, 2010.

 On March 11, 2011, the TCEQ resubmitted the February 1, 2006 submittal of section 116.194 in addition to the July 2, 2010 amendments to section 116.194.

 Section 116.194 as adopted January 11, 2006 th erefore remains before us for review.

B. What are we not addressing in this action?

EPA is severing and taking no action on section 116.116(b)(3) as it was submitted on October 25, 1999. Section 116.116(b)(3) applies to the review and permitting of constructed and reconstructed major sources of HAPs under § 112 of the Act and 40 CFR Part 63, Subpart B. The process for implementing these provisions is carr ied our separately from the Texas SIP. Because the requirements under section 112(g) are self-implementing under section 112 of the Act and under 40 CFR part 63, Subpart B, EPA is severi ng and taking no action on section 116.116(b)(3).

On June 2, 2010, the TCEQ also adopted revisions concerning Complia nce History at 30 TAC Chapter 60. These revisions to 30 TAC Chapter 60 were not submitted as a SIP revision and are not before EPA for review. Accordingly, we will not review the revisions to 30 TAC Chapter 60
in this TSD.

Additionally, EPA is severing and taking no action at this time on the following public participation provisions that were submitted as SIP revisions in the July 2, 2010 submittal:

 Sections 39.402(a)(4) an d (a)(5) establishing ap plicability of public notice provisions for
new Flexible Permits and amendments to Flexible Permits under 30 TAC Chapter 116. EPA finds it appropriate to se ver and take no action on these Flexible Permit provisions because the Flexible Permits Program is not currently in the Texas SIP. We disapproved the Flexible Permits Program on July 15, 2010 (75 FR 41312). EPA’s disapproval was remanded for further action on August 13, 2012. State of Texas, et al. v. EPA , Case No. 10-60614 (5 th 

### Circuit, Aug. 13, 2012). TCEQ has revise d its rules for the Flexible Permits Program, but the State has not yet submitted thos e revised rules. If TCEQ submits revised rules for the Flexible Permits Program in the near future, EPA will analyze the public notice provisions for Flexible Permits when we take action on that submittal. Alternatively, EPA will analyze and act on th e public notice provisions for Flexible
Permits when we address the Flexible Permits Pr ogram submittal that is in front of us for SIP approval.

 Sections 39.402(a)(10) and 39.419(e)(3) esta blishing applicability of public notice provisions for applications for permits, re gistrations, licenses, or other types of authorizations required to cons truct, operate or authorize a component of the Future Gen. We are severing and taking no action on Sec tion 39.420(h) which establishes response to comment (RTC) procedures for permit applica tions for Permits for Specific Designated Facilities under 30 TAC Chapter 116, Subchapter L. EPA finds it appropriate to sever and take no action on the Future Gen public notice provisions and the response to comment procedures because we have not ye t acted on the underlying Future Gen permit

### 4 rules at 30 TAC Chapter 116, Subchapter L. We will review a nd analyze the public notice provisions for Future Gen when we take action on this permit program.

 Section 39.402(a)(12) establishi ng public participation provisi ons pertaining to change of location of a portable facility, consistent with the requirements of 30 TAC section 116.178. EPA has not taken action on the underlying permit provisions for the Relocations and Changes of Location of Port able Facilities. We will analyze the public notice provisions for change of location of por table facilities when we take action on the underlying permit provisions at section 116.178.

 Section 39.405(h)(1)(B) providing alternate language newspa per notice requirements for permit applications that are not air quality permit applications. Permit applications that are not air quality permit applications are beyond the scope of the Texas SIP.

### 5 II. History of Texas Public Partic ipation Submittals and EPA’s Actions

A. Existing SIP-Approved Public Participation Rules

The existing SIP-approved regula tions pertaining to public notice for air quality permits are as follows: 30 TAC § 116.130 – Applicability; § 116.131 – Public Notification Requirements; § 116.132 – Public Notice Format; § 116.133 – Sign Posting Requirements; § 116.134 – Notification of Affected Ag encies; § 116.136 – Public Comment Procedures; and § 116.137 – Notification of Final Agency Action. These regu lations were all adopted by the TNRCC on June 17, 1998, effective July 8, 1998. EPA SIP- approved Sections 116.130, 116.131, 116.132 (except subsections (c) and (d)), 116.133 (except s ubsections (f) and (g)), 116.134, 116.136, and 116.137 on September 18, 2002 (67 FR 58697) effective October 18, 2002. EPA SIP-approved Sections 116.132(c) and (d) and 116.133(f) and (g) on Ma rch 10, 2006 (71 FR 12285) effective May 9,

2006.

B. EPA’s Proposed Limited A pproval/Limited Disapproval

On November 26, 2008, EPA published a proposed limited approval/limited disapproval (LA/LD) of three subsequent revi sions to the Texas SIP pertaining to public notice for air quality permits (see 73 FR 72001). Our proposed LA/LD encompassed revisions submitted by the TCEQ on December 15, 1995; July 22, 1998; and on October 25, 1999. These SIP packages included the following rules:

 The December 15, 1995, submittal includes Texas’ submittal of TAC, Title 30, Chapter 116, Subchapter D, section 116.312 – Public No tification and Comment Procedures.

 The July 22, 1998, submittal includes Texas’ submittal of repeal and re-adoption (with nonsubstantive revisions) of 30 TAC secti on 116.312 – Public Notification and Comment
Procedures.

 The October 25, 1999, submittal includes the follow ing revisions related to this action.

o New rules affecting 30 TAC Chapter 39 – Pub lic Notice – are as follows: section 39.201 – Application for a Preconstruction Perm it; section 39.401 – Purpose; section 39.403 – Applicability; section 39.405 – General Noti ce provisions; section 39.409 – Deadline for Public Comment, Requests for Reconsiderati on, Contested Case Hear ing, or Notice and Comment hearing; section 39.411 – Text of Public Notice; section 39.413 – Mailed Notice; section 39.418 – Notice of Receipt of Application and Intent to Obtain Permit; section 39.419 – Notice of App lication and Preliminary Determination; section 39.420 –
Transmittal of the Executive Director’s Res ponse to Comments and Decision; section 39.423 – Notice of Contested Case Hearing; section 39.601 – App licability; section 39.602 – Mailed Notice; section 39.603 – Ne wspaper Notice; section 39.604 – SignPosting; section 39.605 – Notice to Affected Agencies.

o New rules affecting 30 TAC Chapter 55 – Re quests for Reconsider ation and Contested Case Hearing – are as follows: Section 55.1 – Applicability; sect ion 55.21 Requests for Contested Case Hearing, Public Commen t; section 55.101 – Applicability; section 55.103 – Definitions; section 55.150 – Applicability; section 55.152 – Public Comment Period;
section 55.154 – Public Meeti ngs; section 55.156 – Public Co mment Processing; section 55.200 – Applicability; s ection 55.201 – Requests for Reconsideration and Contested Case Hearing; section 55.203 – Determina tion of Affected Person; section 55.205 – Request by Group or Associ ation; section 55.209 – Pr ocessing Requests for

### 6 Reconsideration or Conteste d Case Hearing; and secti on 55.211 – Commission Action or Requests for Reconsideration a nd Contested Case Hearing.

o Rule revisions affecting 30 TAC Chapter 116 – Control of Air Pollution by Permits for
New Construction and Modification ar e as follows: section 116.111 – General Application; section 116.114 – Application Review Schedule; section 116.116 – Changes to Facilities; section 116.183 – Public Notice Requirements; section 116.312 – Public
Notification and Comment Procedures ; and section 116.740 – Public Notice.

o Repeal of 30 TAC section 116.124 – Public Notice of Compliance History.

C. TCEQ’s July 2, 2010 Public Participation SIP Submittal

 On June 2, 2010, the TCEQ adopted amendments to 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; Chapter 60, Compliance History; and Chapter 116, Control of Air Pollution by Permits for
New Construction or Modificat ion; and corresponding revisi ons to the Texas SIP.

 On July 2, 2010, the TCEQ submitted these ne w and amended sections regarding public participation to EPA as SIP revisions.

 At that time, TCEQ also adopt ed the withdrawal from consid eration by EPA for revisions to the Texas SIP that were previously submitted to EPA as revisions to the SIP on October 25, 1999; July 31, 2002; and March 9, 2006.

o The sections submitted to EPA in 1999 were 30 TAC sections 39.201; 39.401; 39.403(a) and (b)(8) – (10); 39.405(f)(1) and (g); 39.409; 39.411(a), (b)(1) – (6) and (8) – (10) and (c)(1) – (6) and (d); 39.413(9), (11), (12) and (14); 39.418(a) and (b)(3) and (4); 39.419(a), (b ), (d), and (e); 39.420(a), (b), and (c)(3) and (4); 39.423(a) and (b); 39.601; 39.602; 39.603; 39.604; and 39.605.

o The sections submitted to EPA in 2002 were new 30 TAC section 39.404, and amended sections 39.411, 39.419, 39.420, 39.603, 39.604 and 39.606.

o The sections submitted to EPA in 2005 were amended 30 TAC sections 39.403(b)(8) – (10) and new (f); 39.411(a), (b)(1 ) – (6), (8) – (10) , (c)(1) – (6) and (d); 39.419(a), (b), (d) and (e); and 39.420(a), (b) and (c)(3) and (4).

o In 2005, the TCEQ also submitted the repeal of 30 TAC section 39.404 and the adoption of new section 39.404, and th e withdrawal of sections 39.411, 39.419,
and 39.420 as submitted to EPA in 2002.

 Also on June 2, 2010, the TCEQ adopted the withdr awal of the following rules, which were submitted as SIP revisions on October 25, 1999: 30 TAC sections 55.1; 55.21(a) – (d), (e)(2), (3) and (12), (f) and (g); 55.101(a), (b), (c )(6) – (8); 55.103; 55.150; 55.152(a)(1), (2) and (5); 55.154; 55.156; 55.200; 55.201(a) – (h ); 55.203; 55.205; 55.209; and 55.211.

 Therefore, on July 2, 2010, the TCEQ withdrew from EPA’s consideratio n as revisions to the SIP all of the rules spec ified previously in this paragra ph, except for three subsections: 30 TAC sections 39.411(a) and 55.152(b) as adopt ed in 1999, and currently amended 30 TAC section 39.418(b)(3), submitted to EPA in 1999 as section 39.418(b)(4).

### 7 D. EPA’s Withdrawal of Proposed Li mited Approval/Limited Disapproval

EPA published a withdrawal of our proposed LA/LD on November 5, 2010 (see 75 FR 68291).
In this notice we state that we are withdr awing our proposed LA/LD of 30 TAC sections 39.201, 39.401, 39.403, 39.405, 39.409, 39.411, 39.413, 39.418, 39.419, 39.420, 39.423, 39.601 – 39.605, 55.1, 55.21, 55.101, 55.103, 55.150, 55.152, 55.154, 55.156, 55.200, 55.201, 55.203, 55.205, 55.209, and 55.211 because these sections are no longer before us for consideration. Additionally, even though the TCEQ left befo re us for review s ections 30 TAC 39.411(a), 39.418(b)(4) and 55.152(b) as adopted October 2 5, 1999, we withdrew our proposed LA/LD of these subsections. We did not take any further ac tion on these three subsections in the November 5, 2010, notice because we concluded that it was the TCEQ’s intent that these three subsections be evaluated with the entirety of the new pub lic participation submittal from July 2, 2010. Our rationale for this approach is fully explaine d in our November 5, 2010 notice, which can be found in the docket for this rulemaking.

In our November 5, 2010 FRN we also withdr ew our proposed LA/LD of sections 116.111, 116.114, 116.116, and 116.312. We withdrew our action on th ese sections because they included cross-references to the Chapter 39 public particip ation rules and we agai n concluded that it was the TCEQ’s intent for these sections to be evalua ted with the entirety of the public participation submittal from July 2, 2010.

Our November 5, 2010 FRN did not address the proposed repeal of section 116.124; nor has TCEQ withdrawn this repeal from our consid eration. Therefore, the October 25, 1999 proposed repeal of section 116.124 remains before EPA for review.

E. TCEQ’s March 11, 2011 SIP Submittal of 30 TAC Section 116.194

The TCEQ originally adopted 30 TAC Section 116.194 on January 11, 2006, to establish the public notice provisions for PAL permit applica tions. EPA disapproved these provisions for PAL public notice in our September 15, 2 010 disapproval of Texas NSR Reform.

On March 11, 2011, the TCEQ resubmitted the February 1, 2006 submittal of section 116.194 in addition to the July 2, 2010 amendments to section 116.194. Therefore, section 116.194 as adopted on January 11, 2006 and amended on Ju ly 2, 2010 remains before us for review.

### 8 III. Summary of Texas Public Participation Submittals

This technical support document (TSD) reviews seve rable portions of four proposed revisions to the Texas State Implementation Plan (SIP) pertaini ng to public participation for Texas air quality permits. The following is a list of the specific s ections and subsections from each submittal that
will be considered for inclusion in the Texas SIP.

July 22, 1998 EPA has acted on the majority of the July 22, 19 98 amendments to Chapter 116. Of interest to public participation is the repeal and replacement of the December 12, 1995 adoption of the public participation provisions for permit renewal applications at section 116.312. Note that because the July 22, 1998 submittal included the repeal and replacement of section 116.312 as adopted December 15, 1995, our review will begin with section 116.312 as adopted and submitted on July 22, 1998.

October 25, 1999 The TCEQ withdrew from our c onsideration the majority of th is submittal on July 2, 2010. The sections remaining for our review and action are summarized below:

 Section 39.411(a) – Section 39.411 generally provid es the text that a permit applicant will use for public notice. Section 39.411(a) specifical ly states that an applicant will use the provided text for notice documents, but the exec utive director may approve changes to notice text before notice is given.

 Section 39.418(b)(4) – Section 39.418 generally provides the requirements for the TCEQ Notice of Receipt of Applicati on and Intent to Obtain Permit (referred to as the “First Notice” or NORI). Section 39.418(b)(4) specifically requires the NORI notice to include the text specified in section 39.411(b). Note th at this section was adopted as section 39.418(b)(4), but is now secti on 39.418(b)(3) due to change s in section numbering.

 Section 55.152(b) – Section 55.152 generally prov ides information about the length of the public comment period. Section 55.152(b) specifi cally extends the public comment period to the close of any public meeting.

 Section 116.111(b) cross-references to the Ch apter 39 public participation requirements for all permit applications.

 Sections 116.114(a)(2), (a)(2)(A), (a)(2)(B), a nd (a)(2)(C) provide the review schedule for permit applications based on the type of permit application.

 Section 116.114(b)(1) update s the provisions to void a perm it application to cross-reference the Chapter 39 public notice provisions.

 Sections 116.114(c)(1) – (c)(3) outline the requirements for communicating permit decisions and cross-reference to the public no tice requirements in Chapter 39.

 Section 116.116(b)(4) requi res that a permit amendment a pplication use the public notice provisions in Chapter 39.

 Section 116.124 has been repealed by the TCEQ.

 Section 116.312 provides the public notice requirements for permit renewal applications.

July 2, 2010 30 TAC Chapter 39 – Public Notice Subchapter H: Applicability and General Provisions

### 9  Section 39.402 – Applicability to Air Qualit y Permits and Permit Amendments. Section 39.402 outlines the applicability of the Chapter 39 public notice provisions to specific types of permit applications. The TCEQ submitted as SIP revisions sections 39.402(a)(1)-(6), (8), and (10)-(12). These sections identify the type s of permitting actions that are subject to the Chapter 39 public notice procedures – includ ing PSD, major NNSR, and Minor NSR permits and permit amendments. Note that Chapter 39 Pub lic Notice procedures apply to all types of Texas permitting, not just air quality permits. Only the specific subsections identified above have been submitted for inclusion in the Texas SIP. This TSD will only review the subsections of Chapter 39 with respect to air qua lity permits that have been submitted to the

SIP.

 Section 39.405 – General Notice Provisions . Section 39.405 provides the general public notice requirements germane to the Texas pe rmitting program. The TCEQ submitted sections 39.405 (f)(3) and (g), (h)(1)-(4), (6), (8)-(11), (i) and (j) as revi sions to the Texas SIP. These sections generally state that any air quality permit applicat ion required to publish notice under Chapter 39, Subchapters H and K will comply with the Newspaper Notice requirements in section 39.603. Additionally, section 39.405(g) identifies the type of information the applicant must make avai lable for review. Sec tion 39.405(h) provides requirements for alternative language newspa per notice postings. Section 39.405(i) provides information about what happens when an appl icant fails to publis h the required notice. Section 39.405(j) gives the a ffidavit requirements for air quality permit applications.

 Section 39.407 – Mailing Lists. Section 39.407 was not revised during the June 2010 rulemaking, but it has been submitted with the Ju ly 2, 2010 SIP submittal to be considered in conjunction with the remainder of the revised rules. This section was adopted by the TCEQ on September 2, 1999, effective September 23, 1 999. This section provides that the chief clerk will maintain mailing lists of persons requesting notice of an application.

 Section 39.409 – Deadline for Public Comment, and Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. Section 39.409 provides a cross-reference to 30 TAC Chapter 55, Section 55.152 to establish th e deadline to file public comment on any air quality permit applicati on noticed under Chapter 39.

 Section 39.411 – Text of Public Notice. Secti on 39.411 gives the basic text requirements for the public notices required under Chapter 39. Because Chapter 39 cove rs all Texas permit programs, the TCEQ only submitted sections 39. 411(e)(1)-(4)(A)(i) and (iii), (4)(B), (5)(A) and (B), (6)-(10), (11)(A)(i), (iii ) and (iv), (11)(B)-(F), (13) a nd (15), and (f)(1)-(8), (g) and (h), which specifically pertain to air quality permits, as revisions to the Texas SIP. Section 39.411(e) provides the text requirements for the Notice of Receipt of Application and Intent to Obtain Permit (referred to as the Texa s First Notice or the NORI). Section 39.411(f) provides the text requirements for the Notice of Application and Pr eliminary Decision (referred to as the Texas Second Notice or NAP D). Note that as previously discussed, 39.411(a) was not submitted on July 2, 2010, but was retained for our review from a previous
submission.

 Section 39.418 – Notice of Receipt of Applica tion and Intent to Obtain Permit. Section 39.418 establishes the requirements for publishi ng the first notice or NORI. TCEQ has
submitted this entire section for SIP review. Note that as prev iously discussed, 39.418(b)(3) was not submitted on July 2, 2010, but was retained for our review from a previous
submission.

### 10  Section 39.419 – Notice of Application and Pr eliminary Decision. Section 39.419 establishes the requirements for publishing the second notic e or NAPD. For this section, TCEQ has only submitted 39.419(e) because this subsection es tablishes the NAPD requirements for air applications.

 Section 39.420 – Transmittal of the Executiv e Director’s Response to Comments and Decision. Section 39.420 provides the steps that the TCEQ ED will follow in transmitting the Response to Comments (RTC) and final decision on a permit. The subsections specific to air quality permits that have been submitted as revisions to the Texas SIP are subsections 39.420(c)(1)(A) – (D)(i)(I) and (II), (D)(ii), (c)(2), (d)-(e), and (h).

30 TAC Chapter 39 – Public Notice Subchapter K: Public Notice of Ai r Quality Permit Applications

 Section 39.601 – Applicability. Section 39.601 desc ribes the Applicability of the Chapter 39, Subchapter K provisions for public notice for air quality permits. Section 39.601 identifies that air quality permit application declared ad ministratively complete before September 1, 1999 are subject to the requirements of Chapte r 116, Subchapter B, Division 3 (the current SIP-approved public notice provisions). All other air quality permit applications are subject to Chapter 39, Subchapter K.

 Section 39.602 – Mailed Notice. Section 39.602 deta ils the procedures that must be followed by the TCEQ chief clerk when mailing notice of an air quality permit application. The entire
section was submitted for inclusion into the SIP.

 Section 39.603 – Newspaper Notice. The entirety of section 39.603 was submitted as a SIP revision and details the requirements of the ne wspaper public notice for an air quality permit application. This section provides information on the timing and text that the notice must
contain.

 Section 39.604 – Sign-Posting. Provisions in section 39.604 describe the sign-posting location and verbiage requirements that must be followed for air quality permit applications.
The entire section was submitted for inclusion in the Texas SIP.

 Section 39.605 – Notice to Affected Agencies. Section 39.605 identifies the individuals who receive notification in addition to the require d newspaper notification or sign-posting of an air quality permit application.

30 TAC Chapter 55 – Requests for Reconsiderat ion and Contested Case Hearings; Public
Comment Subchapter E: Public Comment and Public Meetings

 Section 55.150 – Applicability. Section 55.150 was adopted by the TCEQ on June 14, 2006, effective July 5, 2006. This section was not revised in the June 2010 rulemaking, but has been submitted with the July 2, 2010, SIP submit tal to be reviewed in conjunction with the revised public notice provisions for air quality permits. Section 55.150 establishes that requirements in 30 TAC Chapter 55, Subchapter E apply only to applications filed under Texas Water Code, Chapter 26, 27, or 32 or Texas Health and Safety Code, Chapter 361 or 382 that are declared administratively complete on or after September 1, 1999.

 Section 55.152 – Public Comment Period. Subsec tions 55.152(a)(1), (2), (5) and (6) have been submitted for inclusion in the Texas SIP. These provisions establish the time period for public comments for air quality permit applications.

### 11  Section 55.154 – Public Meetings. Subsections 5 5.154(a), (b), (c)(1)-(3) a nd (5), (d)-(g) have been submitted for inclusion in the Texas SIP. These subsections establish when a public meeting for an air quality permit application wi ll occur and the type of notice that must be provided prior to the public meeting.

 Section 55.156 – Public Comment Processing. Subs ections 55.156(a), (b), (c)(1), (e) and (g)
have been submitted for inclusion in the Texas SIP. These subsections establish the procedures that the TCEQ chief clerk and ex ecutive director will follow in responding to comments received during the comment period or at a public meeting.

30 TAC Chapter 116 – Control of Air Pollutio n by Permits for New Construction or
Modification Subchapter B – New Source Review Permits

 Section 116.114 – Application Review Schedul e. Section 116.114 provides the timing for TCEQ’s review of air quality permit applications. The entirety of this section has been
submitted for inclusion in the Texas SIP.

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

Modification Subchapter C – Plant-Wide Applicability Limits

 Section 116.194 – Public Notice and Comment. Section 116.194 provides the procedures for public notice and comment of PAL applications under 30 TAC Chapter 116, Subchapter C.

The TCEQ received written comments from 25 organizations/individuals, including EPA Region 6 on the proposed revisions to Chapters 39, 55 and 116. The TCEQ also received oral testimony from one individual during the January 25, 2010, public meeting. TCEQ’s responses to EPA’s
comments will be discussed in detail in section IV.J of this document.

March 11, 2011

 The TCEQ originally adopted 30 TAC Section 116.194 on January 11, 2006, to establish the public notice provisions for PAL permit applica tions. The TCEQ submitted these revisions to EPA on February 1, 2006 as a SIP submittal. The original adoption cited specific sections of Chapter 39 for applicability.

 EPA disapproved these provisions for PAL public notice on September 15, 2010. See 75 FR
56424

.

 On March 11, 2011, the TCEQ resubmitted section 116.194 as adopted January 11, 2006, in addition to the July 2, 2010 amendments to section 116.194. Therefore, section 116.194 as adopted on January 11, 2006 and amended on Ju ly 2, 2010 remains before us for review.

### 12 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

The SIP submittals providing the Texas Public Participation provisions for air quality permits are evaluated for compliance with the relevant requirements of the Ac t and Title 40 of the Code of Federal Regulations (40 CFR) part 51 – Requi rements for Preparation, Adoption, and Submittal of Implementation Plans. These requirements include, but are not limited to the following:

1. §110(a)(2)(C) of the Act which provides: (C) include a program to provide for the regu lation of the modification and construction of any stationary source within the areas cove red by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D; 2. §110(l) of the Act which provides: (l) Plan Revisions. – Each revision to an implementation plan submitted by a State under this chapter shall be adopted by such State after reasonable notice and public hearing.
The Administrator shall not a pprove a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any othe r applicable requirement of the chapter. 3. 40 CFR 51.160 – Legally enforceable proced ures. The regulatory text of 40 CFR 51.160
is available on line at Electroni c Code of Federal Regulations: http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4
0:2.0.1.1.2.6.8.1&idno=40 4. 40 CFR 51.161 – Public availability of in formation. The regulatory text of 40 CFR
51.161 is available on line at Electron ic Code of Federal Regulations: http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4
0:2.0.1.1.2.6.8.2&idno=40 5. 40 CFR 51.165 – Permit requirements. The regu latory text of 40 CFR 51.165 is available on line at Electronic Code of Federal Regulations: http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=feed49ec24fac67402c2bf 6fa403850d&rgn=div8&view=text&node=40:
2.0.1.1.2.6.8.6&idno=40. 6. 40 CFR 51.166 – Prevention of significant deteri oration of air qualit y. The regulatory text
of 40 CFR 51.166 is available on line at El ectronic Code of Federal Regulations: http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=0dbbe52d31085f8454d6cbf1412e1557&rgn=div8&view=text&node=4
0:2.0.1.1.2.6.8.7&idno=40. 7. Other applicable requirements of the Act, 40 CFR part 51, and applicable policy and guidance will be identified in the evaluation where appropriate.

Specifically, the July 2, 2010 submittal is first re viewed for completeness as a SIP submittal under Part 51, Appendix V, and is then compar ed with the general requirements for SIP preparation, adoption and submittal at 40 CFR Part 51. 3 

### This will be followed by a detailed

3 EPA has separately reviewed the October 25, 1999, submi ttal to the Texas SIP for completeness with respect to 40 CFR Part 51. Our determination that this submittal is complete with respect to the requirements of 40 CFR Part 51

### 13 analysis of the public participation provisions for the different types of air quality permit applications to ensure all federal requirements at 40 CFR Part 51, Subpart I for public notice for air permitting is satisfied. Then we review th e Texas public participation requirements with respect to the current SIP-approved public part icipation provisions. Finally, the July 2, 2010, submittal is reviewed with resp ect to section 110(l) of the CAA to determine whether the proposed revisions interfere w ith any applicable CAA provisi ons. These analyses produce a
written evaluation used to make a determination of whether or not the July 2, 2010 Texas Public Participation SIP submittal is in agreement with the CAA, other EPA policies or guidance.

IV. Technical Evaluation of the Texas Public Participation SIP Submittals A. Part 51, Appendix V Evaluation of the July 2, 2010 SIP Submittal

The criteria for completeness determination ar e 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 th e 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 appendi x V, and request corre ctive action, identifying the component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no later than 6 months after the date which the State was required to submit the plan or revision. If a completeness determination is not made by 6 months from receipt of a submittal, the submittal shall be deemed complete by operation of law on the date 6 months from receipt. A determination of co mpleteness under this paragraph means that
the submission is an official submission for purposes of §51.103.

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

remains unchanged, regardless of our proposed LA/LD. See 73 FR 72001 and the associated rulemaking docket
EPA-R06-OAR-2007-0209.

### 14 SIP Completeness Checklist for the July 2, 2010 SIP Submittal

Rule Log No: 2010-004-039-LS

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA's approval of the revision.

The SIP revision was submitted by a letter from Bryan W. Shaw, PhD, Chairman of the TCEQ, dated July 2, 2010. The SIP submittal was received by EPA Region 6 Air Planning Section on July 10, 2012.

2. Evidence is included that the State has adopt ed the revision in the State code or body of regulations, or that the State has issued th e permit, order, consen t agreement (hereafter document) in final form. This evidence would include the date of adoption or final issuance and the effective date of revision, if different from adoption/issuance date.

The revisions were adopted by the TCEQ on June 2, 2010, and became effective June 24,

2010.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e.g., a citati on of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementa tion is found in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code.

4. A copy is included of the actual regulation or document submitted for approval and incorporation by reference into the SIP includin g an indication of the changes made to the existing approved plan where applicable. Th e submittal shall be a copy of the official State regulation document signed, stamped, and dated by the appropria te State official indicating that it is fully enforceable by the State. The effective date of the regulation document shall, whenever possible, be indicated in the document itself.

The July 2, 2010, submittal included a copy of the official State regulation document, submitted by Chairman Shaw.

5. Evidence is included that the State followed all the procedural requirements of its laws and/or its constitution in the conducting a nd completing the adoption/issuance of the plan.

The SIP submittal package included a certifi cation demonstrating the SIP submittal was developed pursuant to 40 CFR 51.104.

### 15 6. Evidence is included that public notice was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or certified copi es of any public notices publis hed in newspapers). (The notice should be at least 30 days prior to the public hearing(s).

Notices of public hearings were published in the following newspape rs on the date listed:

 Austin American Statesman: December 11, 2009

 Fort Worth Star-Telegram

 Houston Chronicle

TCEQ conducted a public hearing in Austin, Texas, on January 25, 2010.

TCEQ also provided publica tion in the Texas Register of the proposed rulemaking (35 TexReg 306) and public hearing notice (35 TexReg 398) on January 15, 2010.

7. A certification is included indi cating that public hearing(s) was/were held in accordance with the information provided in the pub lic notice(s) and the State's laws and constitution, if applicable.

An order adopting revisions to the SIP was included. This order st ates that the public hearing was conducted pursuant to Texas Health and Safety Code § 382.017, Texas Government Code Chapter 2001, and 40 CFR § 51.102.

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

The SIP submittal package did include a compilation of comments and the State’s response to comments. TCEQ received writt en testimony from 25 parties during the comment period, including EPA Region 6. TCEQ r eceived oral testimony from one party during the January 25, 2010 public hearing.

Technical Support (2.2)

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

1. Identification of all regu lated pollutants affected by the revision is included.

The SIP submittal revises the public notice and pa rticipation provisions for the Texas air permits program – therefore the SIP revision af fects permits for all regulated pollutants.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

The provisions for public notice and partici pation in Texas air permitting will apply
statewide.

### 16 3. Quantification of the changes in SIP allowa ble emissions from the affected sources is included. (Examples include estimates of changes in current actual emissions from affected sources and/or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipat ed if the revisions were approved.)

The provisions for public no tice and participation do not need to include quantification of the changes in SIP allowable emissions from the affected sources. These public participation provision do not change any of the perm itting mechanisms that have already been submitted and acted upon by EPA such as the PSD or NNSR programs that are SIP-approved.

4. Demonstration is included that the NAAQ S/PSD increments/RFP demonstration and visibility as applicable would be prot ected if the revision were approved and implemented.

The public participation provisions that are the subject of this SIP revision do not need to include a demonstration that NAAQS/PSD in crements/RFP demonstrat ion, etc. will be protected. The subject revi sion does not alter any of the SIP-approved permit mechanisms or SIP compliance dem onstrations already in place.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessary to s upport the analysis and review of the proposed public notice and participation provisions. However, as discussed later in this document, the proposed revisions do require certain pe rmit applicants to pr ovide the air quality modeling results for a specific projec t during the public comment period.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industria l/process equipment designs, reformulated materials, etc.).

Appropriate emission limitations will be es tablished in individual permits. The SIP
revision under review in this document onl y establishes public notice and participation

### 17 provisions for individual permits. The SIP revision does not need to include a discussion of emission limitations.

8. Evidence is included indicating that a SIP re vision contains emission limitations, work practice standards, and recordkeeping/reporti ng requirements to ensure stated emission
levels.

Appropriate recordkeeping/reporting requirement s will be established in each individual permit such that the necessary emission limitations, work pr actice standards are in place to ensure stated emission levels. This info rmation is not necessary for inclusion in the public notice provisions under r eview in this SIP revision b/c this SIP addresses how each individual permit will be open for public review and inspection, and the general requirements for inclusion – not the substance of each permit.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

Compliance/enforcement of the NSR permitti ng program will be determined on a permitby-permit basis and not through the public participation SIP revision.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision.

The July 2, 2010 SIP submittal (Rule Projec t No. 2010-004-039-LS) meet s the completeness criteria established in 40 CFR part 51, Appendix V.

### 18 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

The Texas air quality permitting program consists of several different types of permit actions, or tiers – new major sources or modifications s ubject to PSD or NNSR requirements, PAL permit authorizations at existing ma jor sources, new minor sources or minor modifications, and permit renewals. The Texas public participation program is also tiered, providi ng different levels and scope of public participation to correspond with the type of pe rmit action. The following sections of this TSD will analyze the publ ic participation process for e ach type of permit action to determine whether the submitted process is consistent with federal requirements.

### 19 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

B. Evaluation of the Public Participation Process for Major Sources and Modifications Subject to PSD Permitting Requirements

Federal public participation requirements for PSD permit applications are at 40 CFR 51.160, 51.161, and 51.166(q). 30 TAC 39.402(a)(2) establishe s that the requirements found in 30 TAC Chapter 39, Subchapters H and K apply to applic ations for the new major sources or major modifications for facilities subject to Chapter 116 , Subchapter B, Division 6 (PSD permits). This
section of the TSD will determine whether the submitted Texas public participation requirements for PSD permit applications satisfy the federa l requirements for public notice of PSD permit applications.

1. Public Participation Process

The following steps provide a general overview of the Texas public notice process for a PSD permit application.

1. Applicant submits PSD perm it application to TCEQ.

2. TCEQ reviews the application and dete rmines whether the application is administratively complete. During this process, the TCEQ has 90 days to determine the application is complete or request additional information. See 30 TAC 116.114(a)(1).

3. Once the application is admi nistratively complete, the ap plicant publishe s the first notice, the Notice of Receipt of Application and Intent to Obtain Permit (NORI). See 30 TAC 39.418. The NORI is a unique feature of the Texas Public Notice Process. The NORI provides information to the public about the receipt of an application and provides basic informa tion about the proposed new source or modification such as a description of the location and the nature of the proposed activity, a description of the public co mment process, and the location where
materials will be made available for review. The NORI does not provide any technical information, but rather serves as an indicator of future public notices and actions that may be of interest, enabli ng the public to antici pate draft permits.

4. TCEQ completes the technical review and makes a preliminary decision. The TCEQ has 180 days from the date the appl ication is administratively complete to
conduct the technical revi ew and make a preliminary decision. See 30 TAC 116.114(a) and (c).

5. The applicant publishes the second notice, the Notice of Application and Preliminary Decision (NAPD) when no tified by TCEQ of the preliminary decision. See 30 TAC 39.419(e). The NAPD not ice provides the information and notice to the public consistent with federal requirements. The NAPD provides details about the preliminary decision and draft permit and the location where applicable air quality analyses and other technical materials will be made available for public review. For PSD perm it applications, the NAPD includes the degree of increment consump tion that is expected.

6. The TCEQ files the Execu tive Director’s (ED) draft permit and preliminary decision, the preliminary determination summa ry and air quality analysis with the chief clerk and the clerk posts on th e TCEQ’s we bsite. See 30 TAC 39.419.

### 20 7. The comment period runs for 30 days afte r the last publication of the NAPD. See 30 TAC 55.152(a)(1).

8. A public meeting is held if the ED determines there is a substantial or significant degree of interest or if the meeting is requested by an interested person or a member of the legislature represen ting the general area of the proposed facility/modification. See 30 TAC 55.154(c).

9. The ED prepares a response to all co mments received. See 30 TAC 55.156(b)(1).

10. The ED shall file the response to comme nts with the chief clerk as soon as practicable, but not later th an 60 days after the end of the comment period. See 30 TAC 55.156(b)(3).

11. The chief clerk will mail or transmit the ED decision and the RTC to the applicant, any person who submitted comments and any person on the mailing list for the permit action. See 30 TAC 55.156(c).

12. The ED will take final action on the perm it application within one year of a complete PSD application. See 30 TA C 116.114(c)(3). While not explicitly identified in the rule language, the TCEQ’s one-year clock is based on the completion of the technical review and the publication of the NAPD.

2. Analysis of Requirements in 40 CFR 51 Specific to PSD Sources

Tables IV.B-1, B-2, and B-3 pr ovide line-item comparisons of the PSD requirements of §§ 51.160, 51.161 and 51.166(q) and the comparable Texas Public Participation requirements as they apply to PSD permit app lications. Where appropriate, th e “Analysis” column of the following table will identify if EPA submitted substantive comments (i.e., not identifying typographical errors) on the public particip ation requirements specific to PSD permit applications in our February 16, 2010 comment le tter, and provide a summation and/or analysis of the TCEQ response to the submitted comment. EPA’s February 16, 2010, comment letter is included in the rulemaking docket for this action.

Table IV.B-1: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas PSD Permitting Provisions Analysis (a) Each plan must set forth legally enforceable procedur es that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, or
combination of these will result in – (1) A violation of applicable portions of the control
strategy; or (2) Interference with
attainment or maintenance
of a national standard in the State in which the proposed source (or modification) is located or in a neighboring

State. §116.161. So urce Located in an
Attainment Area with a Greater than De Minimis Impact. The commission may not issue a permit to any new major stationary source or major modification located in an area designated as attainment or unclassifiable, for any National Ambient Air Quality Standard (NAAQS) under FCAA, §107, if ambient air impacts from the proposed source would cause or contribute to a violation of any NAAQS. In order to obtain a permit, the source must reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to eliminate the predicted EPA SIP-approved the provisions
for sources located in an attainment area with a greater than de minimis impact on September 18, 2002, as adopted by the TCEQ on June 17, 1998 (see 67 FR 58697).

Note 30 TAC 116.161 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the Texas PSD program is SIP-approved with the necessary legally enforceable procedur es that enable the TCEQ to protect the NAAQS.

### 21 Table IV.B-1: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas PSD Permitting Provisions Analysis exceedances of the NAAQS. A major source or major modification
will be considered to cause or
contribute to a violation of a NAAQS when the emissions from such source or modification would, at a minimum, exceed the de minimis impact levels specified in §101.1 of this title (relating to Definitions) at any locality that is designated as nonattainment or is predicted to be nonattainment for the applicable
standard. The TCEQ is able to determine
whether the construction or modification of a facility will result in violations of the control strategy or interference with the NAAQS
when the “emissions from such source or modification would, at a minimum, exceed the de minimis impact levels specified in §101.1 of this title (relating to Definitions) at any locality that is designated as nonattainment or is predicted to be nonattainment for the applicable
standard.” (b) Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or
modification if – (1) It will result in a violation of applicable portions of the control strategy; or (2) It will interfere with
attainment or maintenance
of a national standard §116.161. So urce Located in an
Attainment Area with a Greater than De Minimis Impact. The commission may not issue a permit to any new major stationary source or major modification located in an area designated as attainment or unclassifiable, for any National Ambient Air Quality Standard (NAAQS) under FCAA, §107, if ambient air impacts from the proposed source would cause or contribute to a violation of any NAAQS. In order to obtain a permit, the source must reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to eliminate the predicted exceedances of the NAAQS. A major source or major modification
will be considered to cause or
contribute to a violation of a NAAQS when the emissions from such source or modification would, at a minimum, exceed the de minimis impact levels specified in §101.1 of this title (relating to Definitions) at any locality that is designated as nonattainment or is predicted to be nonattainment for the applicable
standard. EPA SIP-approved the provisions
for sources located in an attainment area with a greater than de minimis impact on September 18, 2002, as adopted by the TCEQ on June 17, 1998 (see 67 FR 58697).

Note that 30 TAC 116.161 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the Texas PSD program is SIP-approved with the necessary legally enforceable procedur es that enable the TCEQ to protect the NAAQS.

The TCEQ is not authorized to issue a permit in an attainment or
unclassifiable area if ambient air impacts from the proposed source are predicted to cause or contribute to a violation of the NAAQS.

(c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such
information on – (1) The nature and amounts of emissions to be emitted by 39.411. Text of Public Notice. (e) When NORI by publication or mail is required by Subchapter H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection. (1) the name and address of the PSD permit applications are subject to both first (NORI) and second (NAPD) notice. The text of the NORI will provide the general information about the proposed
source or modification. The text of the NAPD, along with the preliminary decision and draft

### 22 Table IV.B-1: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas PSD Permitting Provisions Analysis it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to
make the determination referred to in paragraph (a)
of this section. agency and the telephone number of an agency contact from whom interested persons may obtain further information; (2) the name, address, and telephone number of the applicant and a description of the manner in which a person may contact the applicant for further information; (3) a brief description of the location and nature of the proposed activity; (4) a brief description of public comment procedures

... (f) When NAPD by publication or mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection: (1) the information required by subsection (e) of this section [information in the NORI notice]; (2) a summary of the ED’s preliminary decision and whether the ED has prepared a draft permit;

... (8) in addition to the requirements in paragraphs (1) – (7) of this subsection, for air quality permit applications filed on or after the
effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6: (A) as applicable, the degree of increment consumption (B) a statement that the state’s air quality analysis is available for

comment

... permit, will provide the more detailed information used by the TCEQ in making the permit decision. The excerpts from 30 TAC 39.411(e) and (f) demonstrate the factual information that must be part
of a notice.

Additionally, as the PSD permitting authority in Texas, the TCEQ has the authority to request the information necessary to properly review a permit application and make a decision on said application. The TCEQ must make a finding of administrative completeness within 90 days of receiving the application; the final decision on any application must be made within one year of the completion of the technical review (i.e, the publication of the NAPD).

(d)The procedures must provide that approval of any construction or
modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. §116.115. General and Special
Conditions. (b) General conditions. Holders of permits, special permits, standard permits, and special exemptions shall comply with the following: (2) the following general conditions if the permit or
amendment is issued or amended on or after August 16, 1994, regardless of whether they are specifically stated within the permit document. EPA SIP-approved the general and special conditions for Chapter 116 permitting on April 2, 2010, as adopted by the TCEQ on August 20, 2003 (see 75 FR 16671).

Note that 30 TAC 116.115 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the Texas PSD program is SIP-approved

### 23 Table IV.B-1: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas PSD Permitting Provisions Analysis (H) Compliance with rules. (i) Acceptance of a permit by an applicant
constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders
of the commission issued in conformity
with the TCAA and
the conditions precedent to the granting of the permit. (ii) If more than one
state or federal rule or regulation or permit
condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance
shall be demonstrated. (iii) Acceptance
includes consent to the
entrance of
commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to
the emission or
concentration of air contaminants, including compliance with the permit. with the necessary legal procedures providing that approval of any
construction or modification does not affect the owner/operator’s responsibility to comply with applicable portions of the control
strategy.

(e) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to
review. §116.160. Prevention of Significant Deterioration Requirements (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 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 EPA SIP-approved the provisions for the Texas PSD program for determining the types and sizes of facilities subject to review on September 15, 2010, as adopted by the TCEQ on June 2, 2010 (see 75 FR 55978).

Note that 30 TAC 116.160 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the

### 24 Table IV.B-1: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas PSD Permitting Provisions Analysis subsection (c)( 1) - (4) of this
section. (b) The de minimis threshold test (netting) is required for all modifications to existing major sources of federally regulated new source review pollutants, unless the proposed emissions increases associated with a project, without regard to decreases, are less than major modification thresholds for the pollutant identified in 40 Code of Federal Regulations (CFR) §52.21(b)(23). (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.

... Texas PSD program satisfies the requirements of 40 CFR 51.160(e). Through 30 TAC 116.160(a) – (c), the Texas PSD program establishes the size thresholds for new major sources and major modifications subject to PSD review.

(f)The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart. (1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). (2) Where an air quality model specified in appendix W of this part is inappropriate, the model may be
modified or another model
substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a
modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in § 51.102. §116.160. Prevention of Significant Deterioration Requirements. (d) All estimates of ambient concentrations required under this
subsection shall be based on the applicable air quality models and modeling procedures specified in the EPA Guideline on Air Quality Models, as amended, or models and modeling procedures currently approved by the EPA for use in the state program, and other specific provisions made in the prevention of significant deterioration state implementation plan. If the air quality impact model approved by the EPA or specified in the guideline is inappropriate, the model may be
modified or another model substituted on a case-by-case basis, or a generic basis for the state program, where appropriate. Such a change shall be s ubject to notice and opportunity for public hearing and written approval of the administrator
of the EPA. EPA SIP-approved the provisions for PSD ambient air quality modeling at 30 TAC 116.160(d) on September 15, 2010, as adopted by the TCEQ on June 2, 2010 (see 75 FR 55978).

Note that 30 TAC 116.160 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the Texas PSD program satisfies the requirements of 40 CFR 51.160(f).

### 25 Table IV.B-1 above demonstrates that the Texas public participation requ irements specific to PSD permit applications for major new sources or major modifications at existing sources satisfy the federal requirements found at 40 CFR 51.160.

Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

(a) The legally enforceable procedures in §51.160 must also require the State or local agency to provide opportunity for public
comment on information submitted by owners and operators. The public
information must include the agency's analysis of the effect of
construction or modification on ambient air quality, including the agency's proposed approval or disapproval. 39.405. General Notice Provisions. (g) Copy of application. The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located.

... The copy of the application must comply with the following. (1) A copy of the administratively complete application must be
available for review and copying beginning on the first day of newspaper publication of NORI and
remain available for the publications’ designated comment period. (2) A copy of the complete application (including any subsequent revisions to the application) and ED’s preliminary decision must
be available for review and copying beginning on the first day of newspaper publication required by this
section and remain available
until the commission has
taken action on the application or the
commission refers issues to

SOAH. (3) Where applicable, for air quality permit applications
filed on or after the
effective date of this section (June 24, 2010) the applicant shall also make
available the ED’s draft permit, preliminary determination summary and air quality analysis for review and copying beginning on the first day of Section 39.405 requires that the application, subsequent revisions to the application, the ED’s preliminary analysis, and the air quality analysis be made available for public review and comment.

Section 55.152 provides at least a 30 day comment period after the last publication of the NAPD.

Section 39.405 satisfies the requirements at § 51.161(a) for
which materials are made available for public comment for PSD permits.

Section 55.152 ensures that the public is provided the opportunity to comment consistent with § 51.161(a).

Additionally, public notice of PSD permit applications is more stringent then federal requirements because PSD permit applications are subject
to both NORI and NAPD notice.

### 26 Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

newspaper publication required by 39.419 for
NAPD and remain available
until the commission has
taken action on the application or referred to

SOAH

§ 55.152. Public Comment Period

(a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section.

(b) For purposes of paragraph (a) of this section, opportunity for public comment shall include, as a
minimum— (1) Availability for public inspection in at least one
location in the area affected
of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality;  39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed
location.

 39.405(g)(1) requires the applicant to make available for review the administratively complete application.

 39.405(g)(2) requires the applicant to make available for review the complete application, any subsequently submitted materials, and the ED’s preliminary decision.

 39.405(g)(3) requires the applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule, June 24,

2010.

39.411. Text of Public Notice. (f) The chief clerk shall mail NAPD to those listed in § 39.602. When NAPD is required by Subchapters H Section 39.405 satisfies the requirements at § 51.161(b)(1) for public inspection in at least one
location in the affected area of the information submitted by the owner/operator and the air quality analysis for the PSD permit application.

Section 39.411(f)(8)(B) requires that the NAPD provide notification to the public that the air quality analysis is available for comment, consistent with § 51.161(b)(1).

### 27 Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

and K of this chapter, the text of the
notice must include:

... (8)in addition to the requirements in paragraphs (1)-(7) of this subsection, for air quality permit applications
filed on or after the effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6 (PSD and NNSR):

... (B) a statement that the state’s air quality analysis is available for

comment. (2) A 30-day period for submittal of public comment; and 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. Notice given under this chapter will specify any applicable deadline to file public comment specified under § 55.152 of this title and, if applicable, any deadlines to file requests for reconsideration, contested case hearing, or notice and comment hearing. After the deadline, final action on an application may be taken under Chapter 50.

39.411(f): The chief clerk shall mail Notice of Application and Preliminary Decision to those listed in §39.602 of this title (relating to Mailed Notice). When notice of application and preliminary decision by publication or by mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the notice
must include the information in this
subsection:

... (5) the deadline to file
comments or request a public meeting. The notice
should include a statement that a public meeting will be held by the executive director if requested by a member of the legislature PSD permits are subject to both
NORI “first” notice and NAPD “second” notice. The NORI gives a 30 day notice on the application. After the TCEQ completes the technical analysis, the draft decision along with the air quality analysis
and other technical documents are available for another 30 day notice period for the NAPD.

PSD permit applications are subject to NAPD notice requirements. Section 39.411(f)(5 ) specifies that
the NAPD must include a statement that the comment period will be for at least 30 days following the publication of the NAPD.

Section 55.152 generally provides that comment period is 30 days after the last publication of the NAPD.

Sections 39.411(f)(5) and 55.152 satisfies the requirements of § 51.161(b)(2) by specifying a 30-day comment period.

On February 16, 2010, EPA commented that 39.411(f)(5) did not clearly provide for a 30-day comment period. The TCEQ revised
the rule as a result of our comments to specify that the public comment period will be for at least thirty days following the NAPD.

Also on February 16, 2010, EPA

### 28 Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

who represents the general area where the facility is to
be located or there is substantial public interest in the proposed activity. The
notice must include a
statement that the comment period will be for at least thirty days following publication of the Notice of Application and Preliminary Decision;

55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. provided information pertaining to our own experiences providing comments on Texas PSD permit applications and recommended that the TCEQ consider including a date specific in the NAPD to enable the public to more readily identify the end date of the comment period. The TCEQ declined to revise the rule in response to this comment. While
EPA continues to believe that identifying a date specific would more clearly identify the end of a comment period; the Texas rules as adopted and submitted provide the minimum thirty day comment period consistent with federal requirements. Further, because the TCEQ public participation process for PSD permit applications includes a NORI and NAPD, the public will receive the opportunity to comment on the application twice, which is more stringent than the federal PSD requirements.

(3) A notice by prominent
advertisement in the area
affected of the location of
the source information and analysis specified in paragraph (b)(1) of this
section. 39.418(c) NORI and 39.419(e)(1) NAPD follow requirements of Chapter 39, Subchapter K.

Subchapter K 39.603. Newspaper Notice. (a) NORI under §39.419 is required to be published no later than 30 days
after the executive director declares an application administratively complete. This notice must contain the text as required by §39.411(e). (b) NAPD under §39.419 is required to be published within 33 days after
the chief clerk has mailed the preliminary decision concurrently with the NAPD to the applicant.
This notice must contain the text required at § 39.411(f). (c) General newspaper notice requires notice to be published in a newspaper of general circulation in PSD permits are subject to both NORI and NAPD. Therefore, we use the requirements at 39.418, 39.419 and 39.603(b).

Subchapter K provides requirements for Mailed Notice, Newspaper publication, and sign posting.

Newspaper notice is the traditional vehicle used by EPA to prominently advertise a proposed source. Section 39.603(c) requires publication in a newspaper of general circulation in the municipality in which the facility is located or proposed to be located, or in the municipality nearest the location or proposed location. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the

### 29 Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility, unless otherwise specified. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required
material. 39.604. Sign Posting. (a) At the applicant’s expense, a sign or signs must be placed at the site of the existing or proposed facility declaring the filing of an application for a permit and stating the manner in which the commission may be
contacted for further information. required material. Section 39.603 satisfies the prominent advertisement requirements of

51.161.

Historically, EPA has not considered sign posting as necessary for prominent advertisement. Therefore, any Texas provisions requiring sign postage are more stringent than federal requirements for prominent advertisement.

TCEQ originally adopted sign posting requirements at 30 TAC 116.133 on August 16, 1993. EPA SIP-approved these provisions on September 18, 2002 (see 67 FR 58697) as strengthening the SIP because federal notice provisions neither require nor prohibit sign posting. Subsequently, TCEQ adopted alternate language sign posting provisions at 30 TAC 116.133, effective July 8, 1998. EPA SIP approved these alternate language sign posting provisions on March 10, 2006 (see 71 FR 12285) as strengthening the SIP. The sign posting provisions at 39.604 are notsubstantively different from the SIPapproved sign posting provisions at

116.133. (c) Where the 30-day comment period required in paragraph (b) of
this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. (2) 15 days after the last publication of the NORI, or 30 days after NAPD if a second notice is required for Section 39.419(e) requires NAPD for all air quality permit applications – except for renewals. Therefore, PSD permits require NAPD notice and the comment period will end 30 days after the last publication of the

NAPD.

Public notice for permit renewal applications will be discussed in
section IV.F of this TSD.

Note that Section 55.152(a)(2) does not apply to public notice for PSD permits. Analysis of section 55.152(a)(2) for other types of Texas permits applications will be discussed in separate analyses.

### 30 Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

a permit renewal under Chapter 116 or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted under Chapter 116, subchapter F, unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; (5) the time specified in
commission rules for other specific types of applications; or (6) as extended by the ED for good cause. (d) A copy of the notice required by paragraph (b) of this section must
also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified
installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2). 39.605. Notice to Affected Agencies.

In addition to the requirements in § 39.405(f)(3) of this title: (1) When newspaper notices are published under this section, the applicant shall furnish a copy of
the notices and affidavit to: (A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county in
which the construction is to

occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by the
emissions from the new or modified facility; and (D). If notice is for an application filed on or after
the effective date of this
section for a PSD or NNSR permit, the chief executives of the city and county
where the source would be located, and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from For air quality permits, Section 39.605 requires that copies of newspaper notices and sign posting verification be sent to the Region 6 RA, state and local air pollution control agencies, and Federal or State Land Managers or Indian Governing Body.

PSD permit applications for a new major source or major modification are subject to the notice requirements of Section 39.605. Therefore, when a PSD permit applicant will emit lead above the significant levels (0.6 tpy as
established at 40 CFR 51.165(a)(1)(x)(A)) this information will also be provided to the affected agencies as specified in 39.605, consistent with the requirements of 51.161(d).

### 31 Table IV.B-2: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements at 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

the source or modification. (2) When sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under § 39.418

to: (A). The chief clerk; (B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C).



### Table IV.B-2 above demonstrates that the Texas public participation requ irements specific to PSD permit applications for major new sources or major modifications at existing sources satisfy the federal requirements found at 40 CFR 51.161.

Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166

40 CFR 51.166 Texas Public Participation
Provisions Comments

(q) Public participation. The plan shall provide that— (1) The reviewing authority shall notify all applicants within a specified time period as to the completeness of the application or any deficiency in the application or information
submitted. In the event of such a deficiency, the date of receipt of the application shall be the date on which the reviewing authority received all required
information. 116.114. Application Review
Schedule (a) Review schedule. The executive director shall review permit applications in accordance with the following.

(1) Notice of completion or deficiency. The executive director
shall mail written notification informing the applicant that the application is complete or that it is deficient within 90 days of receipt of the application for a new permit, or amendment to a permit or special permit. (A) If the application is deficient, the notification

must state: (i) the additional information required; and (ii) the intent of the
executive director to void the application if
information for a complete application is
not submitted. EPA SIP-approved section 116.114(a) and (a)(1) on September 18, 2002 (67 FR 58697) as adopted by the TCEQ on June 17, 1998.

The SIP-approved sections 116.114(a) and (a)(1) satisfy 40 CFR 51.166(q)(1) because they specify that the notice of completion or deficiency will be made within 90 days of receipt of application.TCEQ has not revised the SIPapproved sections 116.114(a) and (a)(1).

### 32 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 (B) Additional information may be requested within 60 days of receipt of the information provided in response to the deficiency
notification. (2) Within one year after receipt of a complete application, the reviewing authority shall: (i) Make a preliminary
determination whether
construction should be approved, approved with conditions, or disapproved. 116.114. Application Review Schedule (current SIP-approved section 116.114) (a) Review schedule. The
executive director shall review permit applications in accordance with the following.

...

(2) Decision to approve or disapprove the application.
The executive director shall
mail written notice to the applicant of his decision to approve or not approve the application. If the applicant has provided public notification as required by the executive director, and no requests for public hearing or public meeting on the proposed facility have been received, the executive
director shall send notice
within: (A). 180 days of receipt of a completed permit application; or (B). 150 days of receipt of a permit amendment or special permit
amendment. EPA SIP-approved section 116.114(a)(2) on September 18, 2002 (67 FR 58697) as adopted by the TCEQ on June 17, 1998.

The SIP-approved 116.114(a)(2) satisfies 40 CFR 51.166(q)(2)(i) because it requires notice of preliminary decision within at most 180 days from receipt of a completed application. This is more stringent than the EPA requirement of 1 year.

Texas has adopted revisions to section 116.114(a)(2), (b)(1), and (c) on September 2, 1999, and
submitted these revisions as SIP revisions on October 25, 1999. EPA proposed LA/LD of these revisions on November 26, 2008 (73 FR 72001). EPA withdrew our proposed LA/LD on November 5, 2010 (75 FR 68291). Consequently the revisions to 116.114(a)(2), (b)(1), and (c) remain before us for review.

Texas adopted revisions to section 116.114(a)(2)(C) and (c)(2) on June 2, 2010, and submitted these revisions as SIP revisions on July 2, 2010 (as part of the public participation submittal). EPA has
taken no action to date on these revisions to 116.114, therefore they
remain before us for review.

The revisions to section 116.114(a)(2) submitted on October 25, 1999, and July 1, 2010, are also approvable as consistent with 40 CFR 51.166(q)(2)(i). The timeframe has not changed from the SIPapproved version; the preliminary
decision is still made within at most §116.114. Application Review
Schedule. (currently adopted State program) (a) Review schedule. The
executive director shall review permit applications in
accordance with the following.

... (2) Preliminary decision to approve or disapprove the application. The executive
director shall conduct a

### 33 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166

technical review and send written notice to the applicant of the preliminary decision to approve or not approve the application within 180 days from receipt of a completed permit application or 150 days from receipt of a completed permit amendment. If the applicant has provided Notice of Receipt of Application and Intent to Obtain Permit public notification as required by the
executive director under Chapter 39 of this title (relating to Public Notice), one of the following shall apply: (A). if comments are received on the proposed facility and replied to by the
executive director in
accordance with §39.420 of this title (relating to
Transmittal of the
Executive Director's Response to Comments and Decision) and §55.156 of this title (relating to
Public Comment Processing); and (B). if no requests for public hearing or public meeting on the proposed facility
have been received or the application is otherwise exempt under §39.419(e) of this title (relating to Notice of Application and Preliminary Decision), the
executive director shall send a copy of the Preliminary Decision to the applicant; or (C). if Notice of Application and Preliminary Decision is required under §39.419(e) of this title, the
executive director shall
authorize this notice and send copies to the applicant and all other persons are required under §39.602 of this title (relating to Mailed Notice). 180 days from receipt of a complete application. The revisions to 116.114(a)(2) outline when the second notice (NAPD) is required
under Texas rules. Note that for PSD permits a NAPD is required so
the ED will follow 116.114(a)(2)(C).

Because section 116.114 was submitted as part of the public participation submittal, we will
include the 1999 and 2010 submittals in our public participation
action.

### 34 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 (ii) Make available in at
least one location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. Summary of section 39.405(g):

 39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed
location.

 39.405(g)(1) requires the applicant to make available for review the administratively complete application.

 39.405(g)(2) requires the applicant to make available for review the complete application, any subsequently submitted materials, and the ED’s preliminary decision.

 39.405(g)(3) requires the applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule (June 24, 2010).

Section 39.411(f):
The chief clerk shall mail Notice of Application and Preliminary Decision to those listed in §39.602 of this title (relating to Mailed Notice). When notice of application and preliminary decision by publication or by mail is required by Subchapters H and K of this chapter for air quality permit applications, the text
of the notice must include the
information in this subsection:

1. the information required by subsection (e) of this section;

2. a summary of the executive director's preliminary decision
and whether the executive director has prepared a draft permit;

3. the location, at a public place in the county with internet access in which the facility is located or proposed to be located, at which a copy of the complete application and the executive director's draft permit and preliminary decision are
available for review and copying; Section 39.405 requires that the application, subsequent revisions to the application, the ED’s preliminary analysis, and the air quality analysis be made available for public review and comment.

Section 39.405 satisfies the requirements at § 51.166(q)(2)(ii)
for which materials are made available for public comment for PSD permits.

Because PSD permit applications are subject to NAPD notice requirements, section 39.411(f) also satisfies the requirements at 51.166(q)(2)(ii) by specifying the contents for the public notice text. Under 39.411(f)(3), each NAPD will provide the location of a public place in the county where an individual can access the TCEQ website. From the TCEQ website,
the individual can then access the materials submitted by the applicant, a copy of the preliminary determination, and all other materials considered by the TCEQ in the permitting process.

On February 16, 2010, EPA
commented that sec tion 39.411(f)(3)
needed to be revised to address the requirements at 51.166(q)(2)(ii). TCEQ revised the rule in response to this comment to require the location of a public facility with
internet access be included in each
NAPD notice.

On February 16, 2010, EPA
commented that there was a typographical error in section 39.411(e). The TCEQ revised the rule in response to this comment.

### 35 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 (iii) Notify the public, by
advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and of the opportunity fo r comment at a public hearing as well as written public comment. Section 39.603. Newspaper Notice.

(a) NORI under § 39.418 is required to be published no later than 30 days after the ED declares an application administratively complete. This notice must contact text as required in § 39.411(e). This notice is not required by PAL permit applications. (b) NAPD under § 39.419 is required to be published within 33 days
after the chief clerk has mailed the preliminary decision concurrently with the NAPD to the applicant.
This notice must contain text as required in § 39.411(f). (c) General newspaper notice. Unless otherwise specified, when this chapter requires published notice of an air quality permit application, the applicant shall publish notice in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility, as follows: (1) One notice must be in the public notice section of the newspaper and must comply with § 39.411(e)-(g). (2) [Provides requirements for another notice in a prominent
location in the same newspaper issue.]

Section 39.411. Text of public
notice.

(f)The chief clerk shall mail NAPD
to those listed in 39.602. When NAPD is required, the text of the
notice must include:

... (8) In addition to the requirements in paragraphs (1)-(7) of this subsection, for air quality permit applications filed on or after the
effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6: Section 39.603 requires newspaper notice in a newspaper of general
circulation. Section 39.603 satisfies the requirements of 40 CFR 51.166(q)(2)(iii) regarding the type of newspaper to use for notice.

Section 39.411(f)(8) requires the NAPD to include the degree of increment consumption and that the ED will hold a public meeting at the request of any interested person. Section 55.154 further explains that a public meeting is intended for taking public comment. These two sections satisfy the notice requirements for increment consumption and the opportunity for comment at a public hearing, consistent with the requirement of

40 CFR 51. 166(q)(2)(iii).

As previously discussed, section 39.405(g) generally provides notification requirements of the application and the opportunity for
comment consistent with 40 CFR 51.166(q)(2)(iii).

### 36 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 (A) as applicable, the degree of increment consumption that is expected from the source or modification; (B) a statement that the state’s air quality analysis is available for comment; (C) the deadline to request a public meeting; (D) a statement that the ED will hold a public meeting at the request of any interested person; and (E) a statement that the ED’s draft permit and preliminary decision, preliminary determination summary, and air quality analysis are available electronically on the
commission’s web site at the time of publication of the

NAPD.

Section 55.154. Public Meetings. (a) A public meeting is intended for the taking of public comment, and
is not a contested case under the
Texas Administrative Procedure

Act. (iv) Send a copy of the notice of public comment to the applicant, the
Administrator and to officials and agencies having cognizance over the
location where the proposed construction
would occur as follows: Any other State or local air pollution control agencies,
the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency, and any State, Federal Land Manager, or Indian Governing body whose lands may be affected by emissions from
the source or modification. 39.605. Notice to Affected Agencies.

In addition to the requirements in § 39.405(f)(3) of this title: (3) When newspaper notices are published under this section, the applicant shall furnish a copy of
the notices and affidavit to: (A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county in
which the construction is to

occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by the
emissions from the new or modified facility; and (D). If notice is for an application filed on or after
the effective date of this Section 39.605 satisfies the requirements for notification to
other officials consistent with 51.166(q)(2)(iv). The notification to affected officials of the sign posting is more stringent than federal requirements.

EPA commented on February 16, 2010 that the proposed section 39.605 did not require notification to a comprehensive land use planning agency, consistent with 40 CFR 51.166(q)(2)(iv). We stated that TCEQ should determine whether another state agency could fulfill the same role as a comprehensive regional land use planning agency, and thus be provided notice. In the Response to Comments portion of the July 2, 2010 SIP submittal, the TCEQ explains that there is not a comprehensive land use agency in Texas, nor is there another agency with comparable function. The

### 37 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166

section for a PSD or NNSR permit, the chief executives of the city and county
where the source would be located, and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from
the source or modification. (4) When sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under § 39.418

to: (A). The chief clerk; (B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C). TCEQ also indicated in the event a comprehensive regional land use planning agency was created, the public participation rules would be revised to provide adequate notice,
consistent with the PSD requirements. This response
addresses our concerns.

(v) Provide opportunity for a public hearing for interested persons to appear
and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other appropriate considerations. Section 39.411. Text of Public
Notice. (f)(8)(D) requires the NAPD to
include a statement that the ED will hold a public meeting at the request of any interested person. (g) When notice of a public meeting by publication or by mail is required for air quality permit applications
filed on or after the effective date of this section, the text of the notice
must include: (1) The information required by (e)(1)-(3), (4)(A), (6), (8), (9), and (15); (2) The date, time, and place of the public meeting, and a brief description of the nature and purpose of the meeting, including the applicable rules and procedures; and (3) A brief description of the public comment procedures, including a description of the
manner in which comments regarding the ED’s draft permit and preliminary decision, and as applicable, preliminary determination summary, and air quality analysis may be submitted Sections 39.411(f)(8)(D), (g), and 55.154 satisfy the requirement at § 51.166(q)(2)(v) to provide opportunity for public hearing for interested persons.

Note in Texas that a public meeting is equivalent to the public hearing outlined in the PSD program.

### 38 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166

Section 55.154. Public Meetings. (a) A public meeting is intended for the taking of public comment, and
is not a contested case under the
Texas Administrative Procedure

Act.

(c) At any time, the ED or Office of Public Assistance may hold public meetings. The ED or
Office of Public Assistance shall hold a public meeting if:

(3) For applications filed on or
after the effective date of this section, for PSD and NNSR permits subject to Chapter 116, Subchapter B, an interested person requests a public meeting regarding the ED’s draft permit or air quality analysis; a public meeting held in response to a request under this paragraph
will be held after NAPD is published; (vi) Consider all written
comments submitted within a time specified in the notice of public comment
and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The reviewing authority shall make all
comments available for public inspection in the
same locations where the reviewing authority made available preconstruction information relating to the proposed source or
modification. Section 39.411. Text of Public
Notice. (f) The chief clerk shall mail NAPD to those listed in § 39.602. When NAPD is required by Subchapters H and K of this chapter, the text of the
notice must include: (3) The location, at a public place in the county with internet access in which the facility is located or proposed to be located, at which a copy of the complete application and the ED’s draft permit and preliminary decision are available for review and copying.

Section 39.419. Notice of Application and Preliminary
Decision. (e) For air applications the following apply: (1) Air quality permit applications
that are filed on or after the
effective date of this section are subject to this paragraph. ... After technical review is complete for 40 CFR 51.166(q)(2)(vi) has two distinct requirements: 1) the reviewing authority must consider all timely comments in making a final decision, and 2) the reviewing authority must make the comments available for inspection in the same locations that preconstruction information was provided.

Section 55.156(b)(1) requires the ED to respond to all comments received on PSD and PAL permit applications filed after June 24, 2010. This satisfies § 51.166(q)(2)(vi) to consider and respond to comments.

Section 39.411(f)(3) requires the NAPD to provide a public location with internet access for the complete application, the draft permit, and preliminary decision are available for review. Section 39.419(e)(1) requires that the chief clerk will post
to the commission’s website the

### 39 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166

applications subject to the requirements of PSD and NNSR in Chapter 116, Subchapter B, the ED shall file the ED’s draft permit and preliminary decision, the preliminary determination summary and air quality analysis,
with the chief clerk and the chief clerk shall post these on the
commission’s web site.

39.420. Transmittal of the Executive Director’s Response to
Comments and Decision. (c) When required by and subject to §55.156 of this title, for air quality permit applications, after the close of the comment period,
the chief clerk shall:

...

2) For applications subject to the requirements for PSD and Nonattainment permits in Chapter 116, Subchapter B, make available by electronic
means on the commission’s
web site the ED’s draft permit and preliminary decision, the ED’s response to public comments, and as applicable, preliminary determination summary and air quality analysis.

Section 55.156. Public Comment Processing. (b) If comments are received, the following procedures apply to the

ED. (1) Before an application is approved, the ED shall prepare a response to all timely, relevant and material, or significant public comment, whether or not withdrawn, and specify if the
comment has been withdrawn. Before any air quality permit application for PSD or NNSR permit or for applications for PALs, filed
on or after the effective date of this section, is approved, the ED shall prepare a draft permit, preliminary decision, preliminary determination summary, and air quality analysis. Section 39.420(c)(2) requires for PSD and NNSR permit applications that the
chief clerk will make available the ED’s draft permit and preliminary decision, the ED’s response to public comments, and as applicable, preliminary determination summary and air quality analysis. Section 55.156(g) requires that the TCEQ
make available the ED’s decision and the RTC for each permit application on the TCEQ’s website.

Because the NAPD must provide a public location with internet access, the requirement th at the RTC and
other materials be available on the
commission’s website satisfies the 51.166(q)(2)(vi) to make the
materials available in the same
location.

It is important to note that the TCEQ only makes the RTC available, which includes a summary of each
comment received but not the actual
comment. The actual comments can be obtained by request from the TCEQ.

Even though the Texas regulations do not require that the actual comment(s) be made available, we find that the regulations satisfy the intent of 51.166(q)(2)(vi). The Texas RTC, which is available electronically and includes a summary of each comment, is sufficient to provide access to each comment received, consistent with the requirements of 51.166(q)(2)(vi). Additionally, the
actual comments can be obtained at the TCEQ’s offices.

Note that EPA commented in our February 16, 2010 letter that the TCEQ needed to make all comments available for public inspection at the same location as the preconstruction materials. We also provided

### 40 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 response to all comments received. The response shall specify the provisions of the draft permit that have been changed in response to public
comment and the reasons for the change. (c) After the ED files the RTC, the
chief clerk shall mail the ED’s decision, the RTC and instructions for requesting the
commission reconsider the ED’s
decision or hold a contested case hearing. The chief clerk shall provide the information required by this section to the applicant, any person who submitted comments during the public comment period, any person on a mailing list for the permit action, any person who filed a timely request for contested case hearing.

(g) Notwithstanding the requirements in § 39.420, the commission shall make available by electronic
means on the commission’s
website the ED’s decision and the

RTC. comments that the Texas rules did not clearly provide that the final
determination would be made
available at the same location as the preconstruction materials. The TCEQ revised the rules as a result of our comments and responded in the RTC portion of the July 2, 2010 SIP submittal. The TCEQ revised the requirements for NAPD text to include the location of a public facility with internet access; therefore the public will be able to access the TCEQ website where the permit RTC, final determination and all preconstruction materials are
made available. After further consideration of the adopted and submitted provisions, we find that including a location with public
internet access in the NAPD is
sufficient to address our identified concerns. The public will be able to
access the RTC and all other relevant materials via the TCEQ website. The RTC will provide a summary of each comment submitted and the public can request copies of the actual comments at the TCEQ offices. (vii) Make a final
determination whether
construction should be approved, approved with conditions, or disapproved. 116.114. Application Review Schedule (current SIP-approved section 116.114) (a) Review schedule. The executive director shall review permit applications in accordance with the following.

... (2) Decision to approve or disapprove the application.
The executive director shall
mail written notice to the applicant of his decision to approve or not approve the application. If the applicant has provided public notification as required by the executive director, and no requests for public hearing or public meeting on the proposed facility have been received, the
executive director shall send
notice within: EPA SIP-approved section 116.114(a)(2) on March 8, 2010 (75 FR 10416) effective May 7, 2010, as adopted by the TCEQ August 20, 2003, effective September 14, 2003.

SIP-approved section 116.114(a)(2) satisfies the requirement to make a final determination on an air quality permit application at 40 CFR 51.166(q)(2)(vii).

Texas has adopted revisions to section 116.114(a)(2), (b)(1), and (c) on September 2, 1999, and
submitted these revisions as SIP revisions on October 25, 1999. EPA proposed LA/LD of these revisions on November 26, 2008 (73 FR 72001). EPA withdrew our proposed LA/LD on November 5, 2010 (75 FR 68291). Consequently the revisions to 116.114(a)(2), (b)(1), and (c) remain before us for review.

### 41 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 (A). 180 days of receipt of a completed permit application; or (B). 150 days of receipt of a permit amendment or special permit
amendment. Texas adopted revisions to section 116.114(a)(2)(C) and (c)(2) on June 2, 2010, and submitted these revisions as SIP revisions on July 2, 2010 (as part of the public participation submittal). EPA has
taken no action to date on these revisions to 116.114; therefore they
remain before us for review.

NOTE: The revisions to section 116.114(a)(2) submitted on October 25, 1999, and July 1, 2010, are also approvable as consistent with 40 CFR 51.166(q)(2)(i). The timeframe has not changed from the SIPapproved version; the preliminary
decision is still made within at most 180 days from receipt of a complete application. The revisions to 116.114(a)(2) outline when the second notice (NAPD) is required
under Texas rules. Note that for PSD permits a NAPD is required so
the ED will follow 116.114(a)(2)(C).

Because section 116.114 was submitted as part of the public participation submittal, we will
include the 1999 and 2010 submittals in our public participation
action. §116.114. Application Review
Schedule. (currently adopted state program) (a) Review schedule. The
executive director shall review permit applications in
accordance with the following.

... (2) Preliminary decision to approve or disapprove the application. The executive
director shall conduct a
technical review and send written notice to the applicant of the preliminary decision to approve or not approve the application within 180 days from receipt of a completed permit application or 150 days from receipt of a completed permit amendment. If the applicant has provided Notice of Receipt of Application and Intent to Obtain Permit public notification as required by the
executive director under Chapter 39 of this title (relating to Public Notice), one of the following shall apply: (A). if comments are received on the proposed facility and replied to by the
executive director in
accordance with §39.420 of this title (relating to
Transmittal of the
Executive Director's Response to Comments

### 42 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 and Decision) and §55.156 of this title (relating to
Public Comment Processing); and (B). if no requests for public hearing or public meeting on the proposed facility
have been received or the application is otherwise exempt under §39.419(e) of this title (relating to Notice of Application and Preliminary Decision), the
executive director shall send a copy of the Preliminary Decision to the applicant; or (C). if Notice of Application and Preliminary Decision is required under §39.419(e) of this title, the
executive director shall
authorize this notice and send copies to the applicant and all other persons are required under §39.602 of this title (relating to Mailed Notice). (viii) Notify the applicant in writing of the final
determination and make
such notification available for public inspection at the
same location where the reviewing authority made available preconstruction information and public comments relating to the

source. 39.420. Transmittal of the Executive Director’s Response to
Comments and Decision.

(2) When required by and subject to §55.156 of this title, for air quality permit applications, after the close of the comment period,
the chief clerk shall: 1) Transmit to the people listed in

subsection (d) the following
information:
i. The ED’s decision;
ii. The ED’s response to public

comments;
iii. Instructions for requesting
that the commission reconsider the ED’s decision;
and
iv. Instructions for requesting a contested case hearing [paraphrased]

...

2) For applications subject to the requirements for PSD and Nonattainment permits in 40 CFR 51.166(q)(2)(viii) has two distinct requirements: 1) the reviewing authority must notify the applicant in writing of the final decision, and 2) the reviewing authority must make the final
determination available for inspection in the same locations that preconstruction information was provided.

Section 39.420 requires that the
chief clerk will transmit the ED’s final decision to the applicant.
Section 39.420 satisfies 40 CFR 51.166(q)(2)(viii) with respect to
notification of the final determination to the applicant

.

Section 39.420 also requires the chief clerk to notify the persons on the mailing list, anyone who submitted comments, or anyone who requested a timely contested case hearing. Additionally, the final decision will be posted on the TCEQ

### 43 Table IV.B-3: Analysis of the Texas Public Participat ion Requirements for PSD Permit Applications with the Requirements of 40 CFR 51.166 Chapter 116, Subchapter B, make available by electronic
means on the commission’s
web site the ED’s draft permit and preliminary decision, the ED’s response to public comments, and as applicable, preliminary determination summary and air quality analysis. (3) The following persons shall
be sent the information listed in subsection (c) of
this section: 1) The applicant; 2) Any person who requested to be

on the mailing list for the permit action; 3) Any person who submitted

comments during the public comment period; 4) Any person who timely filed a

request for a contested case hearing; 5) Office of the Public Interest

Counsel; and 6) Office of Public Assistance. website.

Because PSD permit applications are subject to the NAPD requirements at 39.419, the public notice document must identify a public location with internet access where the application and associated
materials can be viewed. Because the NAPD specifies that the public
location must have access to the internet, it is sufficient for TCEQ to post the final determination on the TCEQ website. Therefore, sections 39.419 and 39.420 satisfy the requirement at 51.166(q)(2)(viii)
that the final determination be available publicly in the same location as the preconstruction
information.

On February 16, 2010, EPA commented that the Texas public participation proposal did not clearly provide that the final determination
would be available in the same location as the preconstruction materials. The TCEQ revised the NAPD text to require the location of a public facility w ith internet access; therefore the public can access the TCEQ website and obtain the final determination along with all the preconstruction materials. This
addition to the NAPD text addresses
our identified concerns.



### Table IV.B-3 above demonstrates that the Texas public participation requ irements specific to PSD permit applications for major new sources or major modifications at existing sources satisfy the federal requirements found at 40 CFR 51.166.

Note that the applicant is legally responsible for the publi cation of the NORI and NAPD, using the specific notice text provide d through regulations by the TCEQ. The applicant is also legally responsible for providing copies of the public notice documents to th e EPA Regional Office, local air pollution control agencies with juri sdiction in the county, and air pollution control agencies of nearby states that may be impacted by the proposed new source or modification. The submitted Texas public participation rules establis h that the applicant, rather than the State permitting authority, is the legally responsible pa rty for satisfying the public notice requirements for PSD applications. The appli cant is required to follow the Texas public notice regulations, which specify the text for the notice documents and specify the additional agencies that will

### 44 receive notice. It is recommended that EP A publish a proposed approval finding that the submitted Texas public participa tion regulations identifying th e applicant as the legally responsible party meet the requirements to provide opportunity for public comment and for information availability at 40 CFR 51.161 and 51.166.

The section-by-section analysis provided in Ta bles IV.B-1, B-2, and B-3 of the federal PSD public participation requirem ents with the corresponding Texas requirements for public participation of PSD permit applications has show n that the Texas program satisfies all federal requirements for public notice for PSD permits. It is recommended that EPA publish a proposed approval of the Texas public participation program for PSD permit applications.

3. Analysis of Revisions to the Texas PSD Supplement

On July 17, 1987, the Texas Air Control Board (TACB) (TACB is a predecessor agency to the TNRCC, which is now the TCEQ) provided commi tments to the EPA regarding implementation of the Texas PSD program. These commitments are more commonly referred to as the Texas PSD Supplement. A copy of the PSD Supplement is available in the rulemaking docket for this
action.

On July 2, 2010, the TCEQ adopted amendmen ts to 30 TAC Chapter 39.411(f)(8)(A) and 39.605(1)(D), which implement two commitments made in paragraph 7 of the Texas PSD Supplement. In the July 2, 2010, submittal the TCEQ officially withdrew the two commitments in paragraph 7 from the Texas SIP PSD Suppl ement and requested that EPA SIP-approve 39.411(f)(7)(A) and 39.605(1)(D) in their place. Th e TCEQ’s request to withdraw these two commitments from paragraph 7 of the Texas PSD Supplement is in direct response to a comment made by EPA on the proposed Public Participat ion rulemaking on February 16, 2010. Note that the submittal letter dated July 2, 2010, included a typographical error requesting that EPA SIPapprove 39.411(f)(7)(A) instead of 39.411(f)(8)( A) as a replacement to the Texas PSD Supplement. Because the TCEQ submitted secti on 39.411(f)(8)(A) for SIP-review and there is not a section 39.411(f)(7)(A), we be lieve the TCEQ’s intent is cl ear and are proceeding without further clarification from the TCEQ on this matter.

Table IV.B-4 compares the SIP-approved PSD supplement provision, with the newly adopted Texas provisions to ensure that withdrawal of the PSD supplemen t provisions will not result in relaxation of the approved Texas SIP.

Table IV.B-4: Analysis of the Texas PSD Supplement Provisions with the July 2, 2010 Adoption Texas PSD Supplement Provisions July 2, 2010 Public Participation
Provisions Analysis

7. Notification
The TACB will ensure that additional notification procedures associated with the PSD permitting program in Texas are conducted as
follows: a) the degree of expected increment consumption from the source or
modification will be included in the 39.411(f)(8)(A): f) The chief clerk shall mail Notice of Application and Preliminary Decision to those listed in § 39.602 of this title (Mailed Notice). When notice of application and preliminary decision by publication or mail is required by Subchapters H and K of this chapter for air quality permit Newly adopted provisions at 30 TAC 39.411(f)(8)(A) require that the NAPD second notice publishes the degree of increment consumption expected from the source.

The provision at 30 TAC 39.411(f)(8)(A) is consistent with requirements of 40 CFR

### 45 Table IV.B-4: Analysis of the Texas PSD Supplement Provisions with the July 2, 2010 Adoption Texas PSD Supplement Provisions July 2, 2010 Public Participation
Provisions Analysis

public notice, as required under 40 CFR 51.166(q)(2)(iii). applications, the text of the notice
must include the information in this
subsection:

... (8) In addition to the requirements in paragraphs (1)-(7) of this subsection, for air quality permit applications
filed on or after the effective date of this section for permits under Chapter 116, Subchapter B,
Divisions 5 and 6 of this title: (A) as applicable, the degree of increment consumption that is expected from the source or
modification. 51.166(q)(2)(iii). Additionally, EPA is in agreement that the adoption of this language adequately replaces the withdrawn component of the Texas PSD Supplement.

b) A copy of the public notice will be sent to any comprehensive regional land planning agency and to any other affected agencies, as required under 40 CFR 51.166(a)(2)(iv). § 39.605(1)(D) In addition to the requirements in § 39.405(f)(3) of this title (relating to General Notice Provisions): (1) When newspaper notices are published under this section, the applicant shall furnish a copy of the notices and
affidavit to:

(D)if notice is for an application filed on or after the
effective date of this section for a Prevention of Significant
Deterioration or Nonattainment permit under Chapter 116, Subchapter B of this title, the chief executives of the city and county where the source would be located , and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by
emissions from the source or modification; Newly adopted provisions at 30 TAC 39.605 satisfy the requirements
for notification to other officials consistent with 51.166(q)(2)(iv).

EPA commented on February 16, 2010 that the TCEQ did not include a comprehensive land use planning agency in the list of agencies that will receive a copy of the public
notice documents. In the RTC for the Public Participation rulemaking, the TCEQ explained that Texas does not have a comprehensive land use planning agency nor is there another agency that fulfills a similar function. Therefore, it is not necessary for the Texas Public Participation rules to provide notice to a non-existent agency. However, if in the future a comprehensive land use planning agency or equivalent agency is created, it will be incumbent upon the TCEQ to update their public participation rules to include said agency. TCEQ’s response adequately addressed

EPA’s concern.

EPA is in agreement that the adoption of 39.605 (1)(D) adequately replaces the withdrawn component of the Texas PSD Supplement. 

### The section-by-section analysis in Table IV.B-4 above has verified that the adoption of sections 39.411(f)(8)(A) and 39.605(1)(D) are consistent with federal PSD public participation requirements. Further, these newly adopted pr ovisions adequately replace the withdrawn

### 46 components of the Texas PSD Supplement. It is recommended that upon finalization of this proposed rulemaking that EPA amend 40 CFR 5 2.2270(e) to state that two commitments in paragraph 7 of the supplement have been remove d and replaced by SIP-approved regulations at 39.411(f)(8)(A) and 39.605(1)(D).

4. Does the Current Public Participation SIP Submittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?

Section IV.B of EPA’s November 26, 2008, propos ed limited approval/limited disapproval of the Texas Public Participation program for air quality permits, identified several deficiencies in the Texas public participation rules specific to ma jor sources and modifica tions subject to PSD permitting requirements. Table IV.B-5 below id entifies each PSD-specific deficiency and whether the current SIP revisions for public participation reso lve the deficiency.

Table IV.B-5: Analysis of the Current Public Participation SIP Subm ittals with respect to the identified deficiencies in the proposed LA/LD PSD-Specific Deficiencies Identified in the LA/LD 73 FR 72001, at 72007-08 November 26, 2008 Evaluation of Current Public Participation SIP
Submittals

The public participation rules do not require the TCEQ to provide an opportunity for a public hearing for interested persons to appear and submit written or oral comment on the air quality impact of the source, alternatives to it, the control technology required, and appropriate considerations and to provide notice of the opportunity for a public hearing, as required by 40 CFR 51.166(q)(2)(v). Table IV.B-3 of this TSD provides details as to how the current rules satisfy the requirements in 40 CFR 51.166(q)(2)(v).

In the Texas air permit program, the term “public meeting” is equivalent to EPA’s term “public hearing”. Section 55.154(a) supports this by stating the purpose of a public meeting is to take public comment. Section 55.154(c)(3) specifies that a public meeting will be held for PSD permit applications when requested by interested persons. Additionally, the NAPD notice for the PSD permit includes the statement that a public meeting will be held upon request by interested
individuals.

The current public participation SIP submittals address
EPA’s concerns and resolve the identified deficiency. The public participation rules do not require that the public notice of a PSD permit contain the degree of increment consumption that is expected from the source or modification as required by 40 CFR 51.166(q)(2)(iii). Table IV.B-3 of this TSD provides details as to how the current rules satisfy the requirements in 40 CFR 51.166(q)(2)(iii).

The NAPD notice provisions at 39.411(f)(8) require the notice document to include the expected degree of increment consumption.

The current public participation SIP submittals address
EPA’s concerns and resolve the identified deficiency. The public participation rules do not require a copy of the public notice of a PSD permit to be sent to State and local air pollution control ag encies, the chief executives of the city and county wher e the source would be located and any State or Federal Land Manager or Indian Governing Body whose lands may be affected by emissions from the source or modification, as required Table IV.B-3 of this TSD provides details as to how the current rules satisfy the requirements in 40 CFR 51.166(q)(2)(iv).
Section 39.605 identifies the list of individuals who will receive notice of PSD permit applications.

The current public participation SIP submittals address

### 47 Table IV.B-5: Analysis of the Current Public Participation SIP Subm ittals with respect to the identified deficiencies in the proposed LA/LD PSD-Specific Deficiencies Identified in the LA/LD 73 FR 72001, at 72007-08 November 26, 2008 Evaluation of Current Public Participation SIP
Submittals

by 40 CFR 51.166(q)(2)(iv). EPA’s concerns and resolve the identified deficiency. The public participation rules do not require that a response to comments be available prior to final action on the PSD permit, as required by 40 CFR 51.166(q)(2)(vi) and (viii). Table IV.B-3 of this TSD provides details as to how the current rules satisfy the requirements in 40 CFR 51.166(q)(2)(vi) and (viii).

EPA’s PSD rules do not require that a permitting authority provide a response to comments prior to final action on the PSD permit. Rather, EPA’s rules at 40 CFR 51.166(q)(2)(vi) require that the permitting authority consider all timely comments and make said
comments available at the same location as the preconstruction materials used in the permitting
decision.

The Texas rules require that the TCEQ consider all comments received (timely, relevant and material, or significant public comment) when making PSD permit decisions. Further, the TCEQ rules require that a response to comments document be prepared prior to the final action on the permit. Both of these requirements are more stringent than the federal requirements. Interested individuals have access to the response to comments document for each permitting action through the TCEQ’s website; the address of which is provided in each NAPD notice. The RTC includes a summary of
each comment received. The ac tual comment letters can be obtained from the TCEQ offices.

The current public participation SIP submittals address
EPA’s concerns and resolve the identified deficiency.



### The analysis in Table IV.B-5 a bove has verified that the curr ent Texas public participation program for air quality permits for PSD sources a ddresses all deficiencies identified in EPA’s proposed LA/LD.

5. Findings for Public Participation for PSD Permit Applications

EPA’s analysis of the Texas public participa tion requirements for PSD permit applications demonstrates that the submitted provisions are c onsistent with the Act and EPA regulations at 40 CFR 51.160, 51.161 and 51.166(q). Further, the submitte d provisions address all deficiencies previously cited in our November 26, 2008 pr oposed limited approval/limited disapproval of Texas public notice requirements. Therefore, it is recommended that we propose full approval of the Texas public notice provisions for PSD permit applications submitted on July 22, 1998; October 25, 1999; and July 2, 2010.

### 48 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

C. Evaluation of the Public Participation Process for Major Sources and Modifications Subject to NNSR Perm itting Requirements

Federal public participation requirements fo r NNSR permit applications are at 40 CFR 51.160 and 51.161. 30 TAC 39.402(a)(2) establishes that th e requirements found in 30 TAC Chapter 39, Subchapters H and K apply to applications for th e new major sources or major modifications for facilities subject to Chapter 116, Subchapter B, Division 5 (NNSR permits). This section will determine if the Texas public participation re quirements for NNSR permit applications submitted for SIP review satisfies the federal requirements.

1. Public Participation Process

The following steps provide a general overview of the Texas public notice process for a PSD permit application.

1. Applicant submits NNSR perm it application to TCEQ.

2. TCEQ reviews the application and dete rmines whether the application is administratively complete. During this process, the TCEQ has 90 days to determine the application is complete or request additional information. See 30 TAC 116.114(a)(1).

3. Once the application is admi nistratively complete, the ap plicant publishe s the first notice, the Notice of Receipt of Application and Intent to Obtain Permit (NORI). See 30 TAC 39.418(e). The NORI is a unique feature of the Texas Public Notice Process. The NORI provides information to the public about the receipt of an application and provides basic informa tion about the proposed new source or modification such as a description of the location and the nature of the proposed activity, a description of the public co mment process, and the location where
materials will be made available for review. The NORI does not provide any technical information, but rather serves as an indicator of future public notices and actions that may be of interest, enabli ng the public to antici pate draft permits.

4. TCEQ completes the technical review and makes a preliminary decision. The TCEQ has 180 days from the date the appl ication is administratively complete to
conduct the technical revi ew and make a preliminary decision. See 30 TAC 116.114(b).

5. The applicant publishes the second notice, the Notice of Application and Preliminary Decision (NAPD) when no tified by TCEQ of the preliminary decision. See 30 TAC 39.419(e). The NAPD not ice provides the information and notice to the public consistent with federal requirements. The NAPD provides details about the preliminary decision and draft permit and the location where applicable air quality analyses and other technical materials will be made available for public review.

6. The TCEQ files the ED’s draft permit and preliminary decision, the preliminary determination summary and air quality anal ysis with the chief clerk and the clerk posts on the TCEQ’s website. See 30 TAC 39.419.

7. The comment period runs for 30 days afte r the last publication of the NAPD. See 30 TAC 55.152(a)(1).

### 49 8. A public meeting is held if the ED determines there is a substantial or significant degree of interest or if the meeting is requested by an interested person or a member of the legislature represen ting the general area of the proposed facility/modification. See 30 TAC 55.154(c).

9. The ED prepares a response to all co mments received. See 30 TAC 55.156(b)(1).

10. The ED shall file the response to comme nts with the chief clerk as soon as practicable, but not later th an 60 days after the end of the comment period. See 30 TAC 55.156(b)(3).

11. The chief clerk will mail or transmit the ED decision and the RTC to the applicant, any person who submitted comments and any person on the mailing list for the permit action. See 30 TAC 55.156(c).

12. The ED will take final action on the perm it application within one year of a complete NNSR application. See 30 TA C 116.114(c)(3). While not explicitly identified in the rule language, the TCEQ’s one-year clock is based on the completion of the technical review and the publication of the NAPD.

2. Analysis of Requirements in 40 CFR 51 Specific to NNSR Sources

Tables IV.C-1 and C-2 provides a line-item comparison of the NNSR requirements of §§ 51.160 and 51.161 and the comparable Texas Public Part icipation provisions. Where appropriate, the “Analysis” column of the following table will identify if EPA submitted substantive comments (i.e., not identifying typographica l errors) on the public participation requirements specific to NNSR permit applications in our February 16, 2010 comment letter, and provide a summation and/or analysis of the TCEQ response to the submitted comment. EPA’s February 16, 2010,
comment letter is included in the rulemaking docket for this action.

Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis (a) Each plan must set forth legally enforceable procedur es that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, or
combination of these will result in – (1) A violation of applicable portions of the control
strategy; or (2) Interference with
attainment or maintenance
of a national standard in the State in which the proposed source (or modification) is located or in a neighboring

State. §116.111. General Application. (a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following. (A) Protection of public health and
welfare. (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 proper ty of the public. (H) Nonattainment review. If the proposed facility is located in a nonattainment area, it shall comply EPA most recently SIP-approved the General Application provisions for the Texas NNSR permit program on August 28, 2007, as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

Note 30 TAC 116.111(a) was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with the necessary legally enforceable procedur es that enable the TCEQ to protect the NAAQS.

Section 116.111(a)(2)(A) requires that the application for a permit must demonstrate protection of

### 50 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis with all applicable requirements in this chapter concerning
nonattainment review. public health and welfare. Section 116.111(a)(2)(A)(i) requires that emissions from the proposed facility will comply with all rules and regulations of the TCEQ and the TCAA. Further, section 116.111(a)(2)(H) requires any proposed facility in a nonattainment area to comply with all applicable requirements in Chapter 116 concerning nonattainment. These provisions satisfy the requirements of 51.160(a).

The applicable requirements for NNSR permitting in Chapter 116 are
at 30 TAC 116.150 and 116.151. EPA most recently SIP-approved
revisions to section 116.150 for
ozone nonattainment areas on March 20, 2009, as adopted by the TCEQ on August 20, 2003 (see 74 FR 11851). EPA SIP-approved provisions for non-ozone
nonattainment areas in section 116.151 on July 17, 2000, as adopted by TCEQ on March 18, 1998 (see 65 FR 43986). (b) Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or
modification if – (1) It will result in a violation of applicable portions of the control strategy; or (2) It will interfere with
attainment or maintenance
of a national standard §116.150. New Major Source or Major Modification in Ozone
Nonattainment Areas. (a) This section applies to all new
source review authorizations for new
construction or modification of
facilities or emission units that will be located in any area designated as
nonattainment for ozone under 42 United States Code (USC), §§ 7407 et seq. as of the date of issuance of the permit, unless the following apply on the date of issuance of the permit; (1) The United States
Environmental Protection Agency (EPA) has made a finding of attainment; (2) The EPA has approved the
removal of nonattainment New Source Review (NSR) requirements from the area; (3) The EPA has determined
that Prevention of Significant Deterioration EPA has SIP-approved the NNSR Permitting Requirements at 116.150 and 116.151. EPA most recently SIP-approved revisions to section 116.150 and 116.151 on October 25, 2012, as submitted by the TCEQ on July 25, 2012. See 75 FR 65119.

Note 30 TAC 116.150 and 116.151
were not revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with the necessary legally enforceable procedur es that enable the TCEQ to protect the NAAQS.

As the NNSR permitting authority in Texas, the TCEQ has established the criteria by which NNSR permits
will be issued in both ozone
nonattainment areas and nonattainment areas for pollutants

### 51 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis requirements apply in the

area; or (4) The EPA determins that
nonattainment NSR is no longer required for purposes of antibacksliding.

(b) The owner or operator of a proposed new major stationary source , as defined in § 116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions) of volatile organic compound (VOC) emissions or nitrogen oxides (NO X ) emissions, or the owner or operator of an existing major stationary
source of VOC or NO X emissions that will undergo a major modification , as defined in § 116.12 of this title with respect to VOC or

NO X , shall meet the requirements of subsection (d)(1) - (4) of this section, except as provided in subsection (e) of this section. Table I, located in the definition of major modification in §116.12 of this title, specifies the
various classifications of nonattainment along with the
associated emission levels that designate a major stationary source and significant level for those
classifications.

(c)Except as noted in subsection (e) of this section regarding NO X , the de minimis threshold test (netting) is required for all modifications to existing major sources of VOC or

NO X, unless at least one of the following conditions are met: (1) The proposed emissions
increases associated with a project, without regard to decreases, is less than five tons per year (tpy) of the
individual nonattainment pollutant in areas classified
under Federal Clean Air Act (FCAA), Title I, Part D, Subpart 2 (42 USC, 7511)
classified as Serious or Severe; other than ozone. These criteria include the requirement to use LAER, offsets, and demonstrate compliance with other facilities
from the same owner. EPA approved these NNSR permitting provisions as appropriate to protect the NAAQS, consistent with 40 CFR 51.160(b) and the CAA when we SIP-approved the NNSR program. These provisions satisfy the requirements of 51.160(b).

### 52 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis (2) the proposed emissions
increases associated with a project, without regard to decreases, is less than 40 tpy of the individual nonattainment pollutant in
areas classified under FCAA, Title I, Part D, Subpart 1 (42 USC, §7502) and for those under FCAA, Title I, Part D, Subpart 2 (42 USC, §7511) classified as Marginal or Moderate; or (3) The project emissions
increases are less than the significant level state in
Table I located in the definition of major modification in § 116.12 of this title and when coupled with project actual
emissions decreases for the same pollutant, summed as the project net, are less than or equal to zero tons per

year.

(d) In applying the de minimis threshold test, if the net emissions increases are greater than the significant levels stated in Table I located in the definition of major modification in § 116.12 of this title, the following requirements apply.

(1) The proposed facility or emissions unit shall comply
with the lowest achievable emission rate (LAER) as defined in §116.12 of this
title for the nonattainment pollutants for which the facility or emissions unit is a new major source or major modification except as provided in paragraph (3)(B) of this subsection and except for existing major stationary sources that have a potential to emit (PTE) of less than 100 tpy of the applicable nonattainment pollutant. For these sources, Best Available

### 53 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis Control Technology (BACT)
can be substituted for LAER.
LAER shall otherwise be applied to each new facility
or emissions unit and to each existing facility or emissions
unit at which the net
emissions increase will occur as a result of a physical change or change in method of operation of the unit.

(2) All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or
under common control with the applicant) in the state must be in compliance or on a schedule for compliance with all applicable state and
federal emission limitations
and standards.

(3) At the time the new or modified facility or emissions
unit or facilities or emissions units commence operation,
the emissions increases from the new or modified facility
or emissions unit or facilities
or emissions units must be offset. The proposed facility
or emissions unit shall use the
offset ratio for the appropriate nonattainment
classification as defined in §116.12 of this title and
shown in Table I located in the definition of major modification in §116.12 of
this title. Internal offsets that are generated at the source
and that otherwise meet all creditability criteria can be applied as follows.

A. Major stationary sources
located in a serious or

severe ozone nonattainment area with
a PTE of less than 100 tpy of an applicable

### 54 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis nonattainment pollutant are not required to undergo Nonattainment
New Source Review under this section, if the project increases are
offset with internal
offsets at a ratio of at
least 1.3 to 1.

B. Major stationary sources
located in a serious or

severe ozone nonattainment area with

a PTE of greater than or equal to 100 tpy of an applicable nonattainment pollutant can substitute federal BACT (as identified in § 116.160(c)(1)(A) of this title (relating to Prevention of Significant
Deterioration Requirements) for LAER, if the project
increases are offset with
internal offsets at a ratio
of at least 1.3 to 1.
Internal offsets used in
this manner can also be applied to satisfy the offset requirement.

(4) In accordance with the FCAA, the permit application shall contain an analysis of alternative sites, sizes, production processes, and control techniques for the proposed source. The analysis must demonstrate
that the benefits of the proposed location and source configuration significantly outweigh the
environmental and social
costs of that location.

§116.151. New Major Source or Major Modification in

Nonattainment Areas Other Than

### 55 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis

Ozone. (a) This section applies to applications for new construction or
modification of facilities or
emissions units located in a designated nonattainment area for an
air contaminant other than ozone. The owner or operator of a proposed new or modified facility or emissions unit that will be a new major stationary source for that nonattainment air contaminant, or the owner or operator of an existing major stationary source that will undergo a major modification with respect to that nonattainment air contaminant, will meet the additional requirements of subsection (c)(1) - (4) of this section. Table I located in the definition of major modification in §116.12 of this title (relating to
Nonattainment and Prevention of Significant Deterioration Review Definitions) specifies the various
classifications of nonattainment along with the associated emission levels that designate a major stationary source. (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 the major modification threshold for the pollutant identified in Table I located in the definition of major modification in § 116.12 of this title. (c)In applying the de minimis threshold test, if the net emissions increases are greater than the major
modification levels state in Table I located in the definition of major modification in § 116.12 of this title, the following requirements apply. 1) The proposed facility or emissions unit shall comply
with the lowest achievable emission rate (LAER) as defined in §116.12 of this
title for the nonattainment

### 56 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis pollutants for which the facility is a new major source or major modification. LAER shall be applied to each new facility or
emissions unit and to each existing facility or emissions
unit at which the net
emissions increase will occur as a result of a physical change or change in method of operation of the unit. 2) All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or
under common control with the applicant) in the state shall be in compliance or on a schedule for compliance with all applicable state and
federal emission limits and
standards. 3) At the time the new or modified facility or emissions
unit or facilities or emissions units commence operation,
the emission increases from the new or modified facility
or emissions unit or facilities
or emissions units shall be offset. The proposed facility
or emissions unit shall use the
offset ratio for the appropriate nonattainment
classification as defined in §116.12 of this title and
shown in Table I located in the definition of major modification in §116.12 of
this title. 4) In accordance with the Federal Clean Air Act, the permit application shall contain an analysis of alternative sites, sizes, production processes, and control techniques for the proposed source. The analysis shall demonstrate
that the benefits of the proposed location and source configuration significantly

### 57 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis outweigh the environmental
and social costs of that
location. (b) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such
information on – (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to
make the determination referred to in paragraph (a)
of this section. 39.411. Text of Public Notice. (e) When NORI by publication or mail is required by Subchapter H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection. (1) the name and address of the agency and the telephone number of an agency contact from whom interested persons may obtain further information; (2) the name, address, and telephone number of the applicant and a description of the manner in which a person may contact the applicant for further information; (3) a brief description of the location and nature of the proposed activity; (4) a brief description of public comment procedures

... (f) When NAPD by publication or mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection: (1) the information required by subsection (e) of this section [information in the NORI notice]; (2) a summary of the ED’s preliminary decision and whether the ED has prepared a draft permit;

... (8) in addition to the requirements in paragraphs (1) – (7) of this subsection, for air quality permit applications filed on or after the
effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6: (A) as applicable, the degree of increment consumption (B) a statement that the state’s air quality analysis is available for

comment

... NNSR permit applications are subject to both first (NORI) and second (NAPD) notice. The text of the NORI will provide the general information about the proposed
source or modification. The text of the NAPD, along with the preliminary decision and draft permit, will provide the more detailed information used by the TCEQ in making the permit decision. The excerpts from 30 TAC 39.411(e) and (f) demonstrate the factual information that must be part
of a notice.

Additionally, as the NNSR permitting authority in Texas, the TCEQ has the authority to request the information necessary to properly review a permit application
and make a decision on said application. The TCEQ must make a finding of administrative completeness within 90 days of receiving the application; the final decision on any application must be made within one year of the completion of the technical review (i.e, the publication of the NAPD).

Section 39.411 satisfies the requirements of 51.160(c).

(c) The procedures must provide that approval of any §116.115. General and Special
Conditions. EPA most recently SIP-approved the general and special conditions for

### 58 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis

construction or modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control
strategy. (b) General conditions. Holders of permits, special permits, standard permits, and special exemptions shall comply with the following: (2) the following general conditions if the permit or amendment is issued or amended on or after August 16, 1994, regardless of whether they are specifically stated within the permit
document. (H) Compliance with rules. (i) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity
with the TCAA and the conditions precedent to the granting of the permit. (ii) If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance
shall be demonstrated. (iii) Acceptance includes consent to
the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit. Chapter 116 permitting on April 2, 2010, as adopted by the TCEQ on August 20, 2003 (see 75 FR 16671).

Note that 30 TAC 116.115 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with the necessary legally procedures providing that approval of any construction or modification does not affect the owner/operator’s responsibility to comply with applicable portions of the control strategy as required by 51.160(d).

(d) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to
review. See above for the text of 116.150
and 116.151. EPA has SIP-approved the NNSR Permitting Requirements at 116.150 and 116.151. EPA most recently SIP-approved revisions to section 116.150 and 116.151 on October 25, 2012, as submitted by the TCEQ on July 25, 2012. See 75 FR 65119.

Note 30 TAC 116.150 and 116.151
were not revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with such that the Texas SIP identifies the facilities subject to
NNSR review.

### 59 Table IV.C-1: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas NNSR P ermitting Provisi ons Analysis

Sections 116.150 and 116.151 provide that major stationary sources or modifications are subject to NNSR permitting – consistent with 40 CFR 51.160(e). (f)The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart. (1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). (2) Where an air quality model specified in appendix W of this part is inappropriate, the model may be
modified or another model
substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a
modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in § 51.102. §116.111. General Application. (a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following.

... (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. EPA most recently SIP-approved the General Application provisions for the Texas NNSR permit program on August 28, 2007, as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

Note 30 TAC 116.111(a) was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with the ability to require air dispersion modeling as applicable under 51.160(f).

Note that air dispersion modeling is typically not required of NNSR permits; but, in the situations where it would be necessary, the TCEQ has the authority to require dispersion modeling. The PSD program where air dispersion modeling is a requirement of the application, is SIP-approved to require modeling consistent with 40 CFR Part 51, Appendix W.



### Table IV.C-1 above demonstrates that the public participation requireme nts specific to NNSR permit applications for major new sources or majo r modifications at existing sources satisfy the federal requirements found at 40 CFR 51.160.

Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

(a) The legally enforceable procedures in §51.160 must also require the State or local agency to provide opportunity for public
comment on information submitted by owners and operators. The public 39.405. General Notice Provisions. (g) Copy of application. The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is Section 39.405 requires that the application, subsequent revisions to the application, the ED’s preliminary analysis, and the air quality analysis be made available for public review and comment.

### 60 Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

information must include the agency's analysis of the effect of
construction or modification on ambient air quality, including the agency's proposed approval or disapproval. located or proposed to be located.

... The copy of the application must comply with the following. (1) A copy of the administratively complete application must be
available for review and copying beginning on the first day of newspaper publication of NORI and
remain available for the publications’ designated comment period. (2) A copy of the complete application (including any subsequent revisions to the application) and ED’s preliminary decision must
be available for review and copying beginning on the first day of newspaper publication required by this
section and remain available
until the commission has
taken action on the application or the
commission refers issues to

SOAH. (3) Where applicable, for air quality permit applications
filed on or after the
effective date of this section( June 24, 2010) the applicant shall also make
available the ED’s draft permit, preliminary determination summary and air quality analysis for review and copying beginning on the first day of newspaper publication required by 39.419 for
NAPD and remain available
until the commission has
taken action on the application or referred to

SOAH

§ 55.152. Public Comment Period

(a) Public Comments must be filed Section 55.152 provides at least a 30 day comment period after the last publication of the NAPD. Further, because NNSR permits are subject
to NORI and NAPD notice requirements, the public is afforded the opportunity to comment on the application and related materials twice in the permitting process, which is more stringent than the federal NNSR requirements.

Section 39.405 satisfies the requirements at § 51.161(a) for
which materials are made available for public comment for NNSR permits.

Section 55.152 ensures that the public is provided the opportunity to comment consistent with § 51.161(a).

### 61 Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section.

(b) For purposes of paragraph (a) of this section, opportunity for public comment shall include, as a
minimum— (1) Availability for public inspection in at least one
location in the area affected
of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality;  39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed
location.

 39.405(g)(1) requires the applicant to make available for review the administratively complete application.

 39.405(g)(2) requires the applicant to make available for review the complete application, any subsequently submitted materials, and the ED’s preliminary decision.

 39.405(g)(3) requires the applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule, June 24,

2010.

39.411. Text of Public Notice. (f) The chief clerk shall mail NAPD to those listed in § 39.602. When NAPD is required by Subchapters H and K of this chapter, the text of the
notice must include:

... (8)in addition to the requirements in paragraphs (1)-(7) of this subsection, for air quality permit applications
filed on or after the effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6 (PSD and NNSR):

... Section 39.405 satisfies the requirements at § 51.161(b)(1) for public inspection in at least one
location in the affected area of the information submitted by the owner/operator and the air quality analysis for the NNSR permit application.

Section 39.411(f)(8)(B) requires that the NAPD provide notification to the public that the air quality analysis is available for comment, consistent with § 51.161(b)(1).

### 62 Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

(B) a statement that the state’s air quality analysis is available for

comment. (2) A 30-day period for submittal of public comment; and 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. Notice given under this chapter will specify any applicable deadline to file public comment specified under § 55.152 of this title and, if applicable, any deadlines to file requests for reconsideration, contested case hearing, or notice and comment hearing. After the deadline, final action on an application may be taken under Chapter 50.

55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. NNSR permits are subject to both
NORI “first” notice and NAPD “second” notice. The NORI gives a 30 day notice on the application. After the TCEQ completes the technical analysis, the draft decision along with the air quality analysis
and other technical documents are available for another 30 day notice period.

Section 55.152 generally provides that the close of the public comment period is 30 days after the last publication of the NAPD.

Section 55.152 satisfies the requirements of § 51.161(b)(2).

(3) A notice by prominent
advertisement in the area
affected of the location of
the source information and analysis specified in paragraph (b)(1) of this
section. 39.419(e)(1) NAPD follows requirements of Chapter 39, Subchapter K.

Subchapter K 39.603. Newspaper Notice. (b) NAPD under §39.419 is required to be published within 33 days after
the chief clerk has mailed the preliminary decision concurrently with the NAPD to the applicant.
This notice must contain the text required at § 39.411(f). (c) General newspaper notice. Unless otherwise specified, when this NNSR permits are subject to both NORI and NAPD. Therefore, we use the requirements at 39.418, 39.419 and 39.603(b).

Subchapter K provides requirements for Mailed Notice, Newspaper publication, and sign posting.

Newspaper notice is the traditional vehicle used by EPA to prominently advertise a proposed source. Section 39.603(c) requires publication in a newspaper of general circulation in the municipality in which the facility is located or proposed to be

### 63 Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

chapter requires published notice of an air quality permit application, the applicant shall publish notice in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility.

39.604. Sign Posting. (a) At the applicant’s expense, a sign or signs must be placed at the site of the existing or proposed facility declaring the filing of an application for a permit and stating the manner in which the commission may be
contacted for further information. located, or in the municipality nearest the location or proposed location. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required material. Section 39.603 satisfies the prominent advertisement requirements of
51.161.

Historically, EPA has not considered or used sign posting as prominent advertisement. Therefore any Texas provisions requiring sign postage are more stringent than federal requirements for prominent
advertisement.

TCEQ originally adopted sign posting requirements at 30 TAC 116.133 on August 16, 1993. EPA SIP-approved these provisions on September 18, 2002 (see 67 FR 58697) as strengthening the SIP because federal notice provisions neither require nor prohibit sign posting. Subsequently, TCEQ adopted alternate language sign posting provisions at 30 TAC 116.133, effective July 8, 1998. EPA SIP approved these alternate language sign posting provisions on March 10, 2006 (see 71 FR 12285) as strengthening the SIP. The sign posting provisions at 39.604 are notsubstantively different from the SIPapproved sign posting provisions at

116.133. (c) Where the 30-day comment period required in paragraph (b) of
this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit Section 39.419(e) requires NAPD for all air quality permit applications – except for renewals. Therefore, NNSR permits require NAPD notice and the comment period will end 30 days after the last publication of the

NAPD.

### 64 Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

application not otherwise specified in this section. (5) the time specified in
commission rules for other specific types of applications; or (6) as extended by the ED for good cause. (d) A copy of the notice required by paragraph (b) of this section must
also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified
installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2). 39.605. Notice to Affected Agencies.

In addition to the requirements in § 39.405(f)(3) of this title: (5) When newspaper notices are published under this section, the applicant shall furnish a copy of
the notices and affidavit to: (A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county in
which the construction is to

occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by the
emissions from the new or modified facility; and (D). If notice is for an application filed on or after
the effective date of this
section for a PSD or NNSR permit, the chief executives of the city and county
where the source would be located, and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from
the source or modification. (6) When sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under § 39.418

to: (A). The chief clerk; For air quality permits, Section 39.605 requires that copies of newspaper notices and sign posting verification be sent to the R6 RA, state and location air pollution control agencies, and Federal or State Land Managers or Indian Governing Body.

NNSR permit applications for a new major source or major modification are subject to the notice requirements of Section 39.605. Therefore, when a NNSR permit applicant will emit lead above the significant levels (0.6 tpy as
established at 40 CFR 51.165(a)(1)(x)(A)) this information will also be provided to the affected agencies as specified in 39.605, consistent with the requirements of 51.161(d).

### 65 Table IV.C-2: Analysis of the Texa s Public Participation Requirements fo r NNSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

(B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C).



### Table IV.C-2 above demonstrates that the public participation requireme nts specific to NNSR permit applications for major new sources or majo r modifications at existing sources satisfy the federal requirements found at 40 CFR 51.161.

Note that the applicant is legally responsible for the publi cation of the NORI and NAPD, using the specific notice text provide d through regulations by the TCEQ. The applicant is also legally responsible for providing copies of the public notice documents to th e EPA Regional Office, local air pollution control agencies with juri sdiction in the county, and air pollution control agencies of nearby states that may be impacted by the proposed new source or modification. The submitted Texas public participation rules establis h that the applicant, rather than the State permitting authority, is the legally responsible pa rty for satisfying the public notice requirements for NNSR applications. The applicant is required to follow the Texas public notice regulations, which specify the text for the notice documents and specify the additional agencies that will
receive notice. It is recommended that EP A publish a proposed approval finding that the submitted Texas public participa tion regulations identifying th e applicant as the legally responsible party meet the requirements to provide opportunity for public comment and for information availability at 40 CFR 51.161.

The section-by-section analysis provided in Ta bles IV.C-1 and C-2 of the federal NNSR public participation requirements with th e corresponding Texas re quirements for public participation of NNSR permit applications has shown that the Te xas program satisfies all federal requirements for public notice for NNSR permits. It is reco mmended that EPA publish a proposed approval of the Texas public participation progr am for NNSR permit applications.

3. Does the Current Public Participation SIP Submittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?

EPA’s November 26, 2008, proposed limited approval /limited disapproval of the Texas Public Participation program for air quality permits di d not identify any concerns specific to major sources or modifications subject to NNSR permitting requirements.

4. Findings for Public Participation Process for NNSR Permit Applications

EPA finds that the public notice process described above for NNSR permit applications satisfies the federal requirements for public noti ce found at 40 CFR 51.160, 51.161. Also, EPA did not identify any NNSR-specific deficiencies in our November 26, 2008 proposed limited approval/limited disapproval. Therefore, it is recommended to propose full approval of the Texas public notice provisions for NNSR permit applic ations submitted on July 22, 1998; October 25, 1999; and July 2, 2010.

### 66 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

D. Evaluation of the Public Participat ion Process of PAL Permit Applications

Federal public participation requirements for PALs are established at 40 CFR 51.165(f)(5) and 51.166(w)(5). Each of thes e sections specify that PALs for existing major stationary sources shall be established, renewed, or increased through a procedure th at is consistent with 40 CFR 51.160 and 51.161. Additionally
, sections 51.165(f)(5) a nd 51.166(w)(5) require the reviewing authority provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The reviewing authority must address all material comments before taking final action on the permit.

Where are the Texas Provisions for PALs? 30 TAC 39.402(a)(8) establishes that the requirements found in 30 TAC Chapter 39, Subchapters H and K apply to applications for the establishment or renewal of, or an increase in, plant-wide applicability limit permits under 30 TAC Chapter 116, Subchapter C.

1. Public Participation Process

The following steps provide a general overview of the Texas public notice process for the establishment or renewal of, or an increase in PAL Permit Applications

1. Applicant submits PAL perm it application to TCEQ.

2. TCEQ reviews the application and dete rmines whether the application is administratively complete. During this process, the TCEQ has 90 days to determine the application is complete or request additional information. See 30 TAC 116.114(a)(1).

3. TCEQ completes the technical review and makes a preliminary decision. The TCEQ has 180 days from the date the appl ication is administratively complete to
conduct the technical revi ew and make a preliminary decision. See 30 TAC 116.114(b).

4. The applicant publishes the Notice of Application and Preliminary Decision (NAPD) when notified by TCEQ of the preliminary decision. See 30 TAC 39.419. The NAPD notice provides the info rmation and notice to the public consistent with federal requirements. The NAPD provides details about the preliminary decision and draft permit and th e location where applicable air quality analyses and other technical materials w ill be made available for public review.

5. The TCEQ files the ED’s draft permit and preliminary decision, the preliminary determination summary and air quality anal ysis with the chief clerk and the clerk posts on the TCEQ’s website. See 30 TAC 39.419.

6. The comment period runs for 30 days afte r the last publication of the NAPD. See 30 TAC 55.152(a)(1).

7. A public meeting is held if the ED determines there is a substantial or significant degree of interest or if the meeting is requested by an interested person or a member of the legislature represen ting the general area of the proposed facility/modification. See 30 TAC 55.154(c).

8. The ED prepares a resp onse to all co mments received. See 30 TAC 55.156(b)(1).

### 67 9. The ED shall file the response to comme nts with the chief clerk as soon as practicable, but not later th an 60 days after the end of the comment period. See 30 TAC 55.156(b)(3).

10. The chief clerk will mail or transmit the ED decision and the RTC to the applicant, any person who submitted comments and any person on the mailing list for the permit action. See 30 TAC 55.156(c).

11. The ED will take final action on the perm it application within one year of a complete PAL application. See 30 TA C 116.114(c)(3). While not explicitly identified in the rule language, the TCEQ’s one-year clock is based on the completion of the technical review and the publication of the NAPD.

2. Analysis of Requirements in 40 CFR 51 Specific to PALs

The analysis below in Tables IV.D-1, D-2, a nd D-3, is a line-item comparison of the PAL requirements of §§ 51.160, 51.161, 51.165 and 51.166 and the comparable Texas Public Participation provisions. Note that this analysis only reviews the public participation procedures used by an applicant applying for a PAL permit a nd does not evaluate the substantive Texas PAL permit requirements with respect to federal re quirements. EPA has sepa rately evaluated and proposed approval of the Texas PAL permit pr ovisions in a separate action. See 77 FR 36964, June 20, 2012. The following analysis demonstrates that how the Texas Public Participation Requirements apply to PAL permit applica tions. This TSD includes action on 30 TAC 116.194, which is the provision in the PAL permit requirements that specifies that the public participation for PAL permit applications will be conducted us ing Chapter 39 procedures. EPA did not act on 116.194 in our proposed action on NSR Reform, which addressed the substantive PAL requirements; believing it would be more appropriate to include w ith our review and analysis of the Chapter 39 public participation requirements.

Table IV.D-1: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permitti ng Provisions Analysis (a) Each plan must set forth legally enforceable procedur es that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, or
combination of these will result in – (1) A violation of applicable portions of the control
strategy; or (2) Interference with
attainment or maintenance
of a national standard in the State in which the proposed source (or modification) is located or in a neighboring

State. §116.111. General Application. (a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following. (A) Protection of public health and
welfare. (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 proper ty of the public. EPA most recently SIP-approved the General Application provisions for the Texas PSD and NNSR permit program on August 28, 2007, as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

Note 30 TAC 116.111(a) was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with the necessary legally enforceable procedur es that enable the TCEQ to protect the NAAQS.

Section 116.111(a)(2)(A) requires that the application for a permit must

### 68 Table IV.D-1: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permitti ng Provisions Analysis demonstrate protection of public health and welfare. And, 116.111(a)(2)(A)(i) requires that emissions from the proposed facility will comply with all rules and regulations of the TCEQ and the

TCAA.

These provisions satisfy the requirements of 51.160(a). (b) Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or
modification if – (1) It will result in a violation of applicable portions of the control strategy; or (2) It will interfere with
attainment or maintenance
of a national standard See the provisions of 116.161 in Table IV.B-2 for PSD permit requirements.

See the provisions of 116.150 and
116.151 in Table IV.B-4 for NNSR permit requirements. 40 CFR 51.165(f) and 51.166(w) state that PALs can only be used at existing major stationary sources.Therefore, we can rely on the SIPapproved permit requirements for the Texas PSD and NNSR programs
as described in Tables IV.B-2 and
IV.B-4 to demonstrate that the PAL provisions (if adopted by the TCEQ
consistent with federal requirements) satisfies 51.160(b).

Note that the TCEQ has adopted a provision at 30 TAC 116.180(a)(5) which limits PAL permits to existing major stationary sources. This provision was adopted on February 9, 2011, and submitted to EPA on March 11, 2011. EPA finalized our approval of these PAL provisions on October 25, 2012. See
77 FR 65119. (c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such
information on – (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to
make the determination referred to in paragraph (a)
of this section. 39.411. Text of Public Notice. (e) When NORI by publication or mail is required by Subchapter H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection. (1) the name and address of the agency and the telephone number of an agency contact from whom interested persons may obtain further information; (2) the name, address, and telephone number of the applicant and a description of the manner in which a person may contact the applicant for further information; (3) a brief description of the location and nature of the proposed activity; (4) a brief description of public comment procedures Per section 39.603(a), the requirements of NORI publication at 39.418 do not apply to PALs (see 35 TexReg 5205 for an explanation). PALs are not subject to the TCEQ
“first notice” but ar e subject to the requirements of the NAPD, or the
“second notice”.

The requirements for NAPD publication at 39.411(f) satisfy 51.160(c).

Additionally, as the permitting authority in Texas, the TCEQ has the authority to request the information necessary to properly review a permit application and make a decision on said application. The TCEQ must make a finding of administrative completeness within

### 69 Table IV.D-1: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permitti ng Provisions Analysis

... (f) When NAPD by publication or mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection: (1) the information required by subsection (e) of this section [information in the NORI notice]; (2) a summary of the ED’s preliminary decision and whether the ED has prepared a draft permit; 90 days of receiving the application; the final decision on any application must be made within one year of the completion of the technical review (i.e, the publication of the NAPD).

(d)The procedures must provide that approval of any construction or
modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. §116.115. General and Special
Conditions. (b) General conditions. Holders of permits, special permits, standard permits, and special exemptions shall comply with the following: (2) the following general conditions if the permit or amendment is issued or amended on or after August 16, 1994, regardless of whether they are specifically stated within the permit
document. (H) Compliance with rules. (i) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity
with the TCAA and the conditions precedent to the granting of the permit. (ii) If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance
shall be demonstrated. (iii) Acceptance includes consent to
the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit. EPA most recently SIP-approved the general and special conditions for Chapter 116 permitting on April 2, 2010, as adopted by the TCEQ on August 20, 2003 (see 75 FR 16671).

Note that 30 TAC 116.115 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas PSD/NNSR program is SIPapproved with the necessary legally procedures providing that approval of any construction or modification does not affect the owner/operators responsibility to comply with applicable portions of the control strategy as required by 51.160(d).

(e) The procedures must identify types and sizes of facilities, buildings, structures, or installations See the text provided in Table IV.B2 for PSD permit requirements at

116.160. 40 CFR 51.165(f) and 51.166(w) state that PALs can only be used at existing major stationary sources.

### 70 Table IV.D-1: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permitti ng Provisions Analysis which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to
review. See the text provided in Table IV.B4 for NNSR permit requirements at
116.150 and 116.151. Therefore, we can rely on the SIPapproved permit requirements for the Texas PSD and NNSR programs
as described in Tables IV.B-2 and
IV.B-4 to demonstrate that the PAL provisions proposed for approval on June 20, 2012 should satisfy 51.160(e). (f)The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart. (1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). (2) Where an air quality model specified in appendix W of this part is inappropriate, the model may be
modified or another model
substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a
modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in § 51.102. §116.111. General Application. (a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following.

... (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. 40 CFR 51.165(f) and 51.166(w) state that PALs can only be used at existing major stationary sources.Therefore, we can rely on the SIPapproved permit requirements for the Texas PSD and NNSR programs
as described in Tables IV.B-2 and
IV.B-4 to demonstrate that the PAL provisions proposed for approval on June 20, 2012, should satisfy 51.160(f). EPA mo st recently SIPapproved the General Application provisions for the Texas PSD and NNSR permit program on August 28, 2007, as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

Note 30 TAC 116.111(a) was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NNSR program is SIPapproved with the ability to require air dispersion modeling as applicable.

Note that air dispersion modeling is typically not required of NNSR permits. But, in the situations where it would be the TCEQ has the authority to require dispersion modeling. The PSD program where air dispersion modeling is a requirement of the application, is SIP-approved to require modeling consistent with 40 CFR Part 51, Appendix W.



### Table IV.D-1 above demonstrates that the pub lic participation requirements specific to PAL permit applications for major new sources or majo r modifications at existing sources satisfy the federal requirements found at 40 CFR 51.160.

### 71 Table IV.D-2: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Comments

(a) The legally enforceable procedures in §51.160 must also require the State or local agency to provide opportunity for public
comment on information submitted by owners and operators. The public
information must include the agency's analysis of the effect of
construction or modification on ambient air quality, including the agency's proposed approval or disapproval. 39.405. General Notice Provisions. (g) Copy of application. The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located. ... The copy of the application must comply with the following. (1) A copy of the administratively complete application must be
available for review and copying beginning on the first day of newspaper publication of NORI and
remain available for the publications’ designated comment period. (2) A copy of the complete application (including any subsequent revisions to the application) and ED’s preliminary decision must
be available for review and copying beginning on the first day of newspaper publication required by this
section and remain available
until the commission has
taken action on the application or the
commission refers issues to

SOAH. (3) Where applicable, for air quality permit applications
filed on or after the
effective date of this section [June 24, 2010] the applicant shall also make
available the ED’s draft permit, preliminary determination summary and air quality analysis for review and copying beginning on the first day of newspaper publication required by 39.419 for
NAPD and remain available
until the commission has Section 39.405 requires that the application, subsequent revisions to the application, the ED’s preliminary analysis, and the air quality analysis be made available for public review and comment.

Section 39.405 satisfies the requirements at § 51.161(a).

Section 55.152 ensures that the public is provided the opportunity to comment consistent with § 51.161(a).

### 72 Table IV.D-2: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Comments

taken action on the application or referred to

SOAH

§ 55.152. Public Comment Period

(a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the
NAPD if a second notice is required, for an air quality permit application not otherwise specified
in this section. (b) For purposes of paragraph (a) of this section, opportunity for public comment shall include, as a
minimum— (1) Availability for public inspection in at least one
location in the area affected
of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality;  39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed
location.

 39.405(g)(1) requires the applicant to make available for review the administratively complete application.

 39.405(g)(2) requires the applicant to make available for review the complete application, any subsequently submitted materials, and the ED’s preliminary decision.

 39.405(g)(3) requires the applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule (August 2010). Section 39.405 satisfies the requirements at § 51.161(b)(1) for public inspection in at least one
location in the affected area of the information submitted by the owner/operator and the air quality analysis.

(2) A 30-day period for submittal of public comment; and 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. Notice given under this chapter will specify any applicable deadline to file public comment specified under § 551.152 of this title and, if applicable, any deadlines to file requests for reconsideration, contested case hearing, or notice and Per section 39.603(a), the requirements of NORI publication at 39.418 do not apply to PALs (see 35 TexReg 5205 for an explanation). PALs are not subject to the TCEQ
“first notice” but ar e subject to the requirements of the NAPD, or the
“second notice”.

Section 55.152 generally provides that comment period is 30 days after the last publication of the NAPD.

### 73 Table IV.D-2: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Comments

comment hearing. After the deadline, final action on an application may be taken under Chapter 50.

55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. (2) 15 days after the last publication of the NORI, or 30 days after NAPD if a second notice is required for a permit renewal under Chapter 116 or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted under Chapter 116, subchapter F, unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; (5) the time specified in
commission rules for other specific types of applications; or (6) as extended by the ED for good cause. Section 55.152 satisfies the requirements of § 51.161(b)(2).

(3) A notice by prominent
advertisement in the area
affected of the location of
the source information and analysis specified in paragraph (b)(1) of this
section. 39.419(e)(1) NAPD follows requirements of Chapter 39, Subchapter K.

Subchapter K 39.603. Newspaper Notice. (b) NAPD under §39.419 is required to be published within 33 days after
the chief clerk has mailed the preliminary decision concurrently Because PALs are not subject to the requirements for NORI at 39.418, we use the requirements for NAPD at 39.419 and 39.603(b).

Subchapter K provides requirements for Mailed Notice, Newspaper publication, and sign posting. Newspaper publication and sign posting could be considered

### 74 Table IV.D-2: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Comments

with the NAPD to the applicant.
This notice must contain the text required at § 39.411(f). (c) General newspaper notice. Unless otherwise specified, when this chapter requires published notice of an air quality permit application, the applicant shall publish notice in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility.

39.604. Sign Posting. (a) At the applicant’s expense, a sign or signs must be placed at the site of the existing or proposed facility declaring the filing of an application for a permit and stating the manner in which the commission may be
contacted for further information. prominent advertisement in affected
location.

Newspaper notice is the traditional vehicle used by EPA for prominent advertisement of a proposed source. Section 39.603(c) requires publication in a newspaper of general circulation in the municipality in which the facility is located or proposed to be located, or in the municipality nearest the location or proposed location. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required
material.

Historically, EPA has not considered or used sign posting as prominent advertisement. A search of the NSR policy/guidance database does not yield any documents pertaining to or establishing minimum signage requirements. Therefore, any Texas provisions requiring sign postage are more stringent than federal requirements for prominent
advertisement.

TCEQ originally adopted sign posting requirements at 30 TAC 116.133 on August 16, 1993. EPA SIP-approved these provisions on September 18, 2002 (see 67 FR 58697) as strengthening the SIP because federal notice provisions neither require nor prohibit sign posting. Subsequently, TCEQ adopted alternate language sign posting provisions at 30 TAC 116.133, effective July 8, 1998. EPA SIP approved these alternate language sign posting provisions on March 10, 2006 (see 71 FR 12285) as strengthening the SIP. The sign posting provisions at 39.604 are notsubstantively different from the SIPapproved sign posting provisions at

116.133.

### 75 Table IV.D-2: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Comments

(c) Where the 30-day comment period required in paragraph (b) of
this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. (5) the time specified in
commission rules for other specific types of applications; or (6) as extended by the ED for good cause. Section 39.419(e) requires NAPD for all air quality permit applications – except for renewals. Therefore, PALs require NAPD notice and the comment period will end 30 days after the last publication of the

NAPD.

Note that Section 55.152(a)(2) does not apply to public notice for PALs. Analysis of section 55.152(a)(2) for other types of Texas permits will be discussed in separate analyses.

(d) A copy of the notice required by paragraph (b) of this section must
also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified
installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2). 39.605. Notice to Affected Agencies.

In addition to the requirements in § 39.405(f0(3) of this title: (7) When newspaper notices are published under this section, the applicant shall furnish a copy of
the notices and affidavit to: (A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county in
which the construction is to

occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by the
emissions from the new or modified facility; and (D). If notice is for an application filed on or after
the effective date of this
section for a PSD or NNSR permit, the chief executives of the city and county
where the source would be located, and any State or For air quality permits, Section 39.605 requires that copies of newspaper notices and sign posting verification be sent to the R6 RA, state and location air pollution control agencies, and Federal or State Land Managers or Indian Governing Body.

A PAL can be established for any regulated NSR pollutant, which
includes lead. See 40 CFR 52.21(b)(50). Therefore, the Texas rules must require that any permit application with a PTE of > 5TPY lead (definition of lead point source at 51.100(k)(2)) will send notification to the R6 RA, and the other state/location agencies with jurisdiction in the affected area.

Pursuant to 40 CFR 51.165(f) and 51.166(w), PALs can only be used for existing major sources.Therefore, we can rely on the SIPapproved PSD and NNSR permitting provisions to ensure that a PAL permit will satisfy 51.161(d) for lead provisions.

### 76 Table IV.D-2: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Comments

Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from
the source or modification. (8) When sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under § 39.418

to: (A). The chief clerk; (B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C). PAL permit applications at an existing major PSD or NNSR source are subject to the notice requirements of Section 39.605. Therefore, when a PAL permit applicant will emit lead above the significant levels (0.6 tpy as
established at 40 CFR 51.165(a)(1)(x)(A)) this information will also be provided to the affected agencies as specified in 39.605, consistent with the requirements of 51.161(d).



### Table IV.D-2 above demonstrates that the pub lic participation requirements specific to PAL permit applications for major new sources or majo r modifications at existing sources satisfy the federal requirements found at 40 CFR 51.161.

Table IV.D-3: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CF R 51.165 and 51.166 40 CFR 51.165 and 40 CFR 51.166 Texas Public Participation
Provisions Comments

40 CFR 51.165(f)(5) and 51.166(w)(5) The reviewing authority must
address all material comments before taking final action on the permit.

40 CFR 51.165(f)(11)(iii): The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (f)(5) of this section.

40 CFR 51.166(w)(11)(iii): The PAL permit shall be revised to
reflect the increased PAL level pursuant to the public notice requirements of paragraph (w)(5) of
this section. 39.411. Text of Public Notice. (f) The chief clerk shall mail NAPD
to those listed in 39.602. When NAPD is required by Subchapters and K for air quality permit applications, the text of the notice
must include the information in this
subsection: (1) the information required by subsection (e) of this section...

39.411(e)(4) requires that the public
notice must include a brief description of the public comment procedures: (A) a statement that the ED will respond to: (i) all comments regarding applications for PSD and NNSR permits under Chapter 116, Subchapter B and PAL permits under Chapter 116 filed on or after
the effective date of this
section. Sections 39.411(e)(4)(A)(i), 39.411(f)(1) and 55.156(b)(1) satisfy the requirement in 40 CFR 51.165(f)(5) and 51.166(w)(5) that the TCEQ address all comments before approving a PAL permit.

The TCEQ is required to address all comments received (timely, relevant and material, or significant public comment) on a PAL permit application. Further, the TCEQ rules require that a response to comments document be prepared prior to the final action on the permit. Both of these requirements are more stringent than the federal requirements. Interested individuals have access to the response to
comments document for each permitting action through the TCEQ’s website; the address of which is provided in each NAPD
notice. The RTC includes a summary of each comment received.

### 77 Table IV.D-3: Analysis of the Texa s Public Participation Requirements for PAL Permit Applications with the Requirements of 40 CF R 51.165 and 51.166 40 CFR 51.165 and 40 CFR 51.166 Texas Public Participation
Provisions Comments

55.156. Public Comment Processing. (b) If comments are received, the following procedures apply to the

ED. (1) Before an application is approved, the ED shall prepare a response to all timely, relevant and material, or significant public comment, whether or not withdraw, and specify if the comment was withdrawn. Before any air quality permit application for a PSD or NNSR permit or for applications for the establishment or renewal of, or an increase in, a PAL, filed on
or after the effective date of this section, is approved, the ED shall prepare a response to all
comments received. The response shall specify the provisions of the draft permit that have been changed in response to public comment and the reasons for the change. The actual comment letters can be obtained from the TCEQ offices. Therefore, the Texas public participation provisions for PAL permits are more stringent than the federal requirements.



### Table IV.D-3 above demonstrates that the pub lic participation requirements specific to PAL permit applications for major new sources or majo r modifications at existing sources satisfy the PAL-specific public notice federal requi rements found at 40 CFR 51.165 and 51.166.

Note that the applicant is legally responsible for the publica tion of the NAPD, using the specific notice text provided through regulat ions by the TCEQ. The applicant is also legally responsible for providing copies of the public notice docu ments to the EPA Regional Office, local air pollution control agencies with jurisdiction in the county, and air pollution control agencies of nearby states that may be impacted by the pr oposed new source or modification. The submitted Texas public participation rules establish that the applicant, rather than the State permitting authority, is the legally respons ible party for satisfying the pu blic notice requirements for PAL applications. The applicant is required to fo llow the Texas public no tice regulations, which specify the text for the notice documents and spec ify the additional agenci es that will receive notice. It is recommended that EPA publish a proposed approval finding that the submitted Texas public participation regulations identifying the applicant as the legally responsible party meet the requirements to provide opportuni ty for public comment and for information availability at 40 CFR 51.161.

### 78 The section-by-section analysis in Tables IV .D-1, D-2, and D-3, of the federal PAL public participation requirements with th e corresponding Texas re quirements for public participation of PAL permit applications has shown that the Te xas program, submitted July 2, 2010, satisfies all federal requirements for public notice for PAL permits. It is recommended that EPA publish a proposed approval of the Texas public particip ation program for PAL permit applications.

3. Does the Current Public Participation SIP Submittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?

Section IV.C of EPA’s November 26, 2008, propos ed limited approval/limited disapproval of the Texas Public Participation program for air quality permits, identified several deficiencies in the Texas public participation rules specific to ma jor sources and modifica tions subject to PAL permitting requirements. Table IV.D-4 below id entifies each PAL-specific deficiency and whether the current SIP revisions for public participation reso lve the deficiency.

Table IV.D-4: Analysis of the Current Public Participation SI P Submittals with respect to the identified deficiencies in the proposed LA/LD PAL-Specific Deficiencies Identified in the LA/LD 73 FR 72001, 72007 November 26, 2008 Evaluation of Current Public Participation SIP
Submittals

For PALs for existing major stationary, there is no provision that PALs be established, renewed, or increased through a procedure th at is consistent with 40 CFR 51.160 and 51.161, including the requirement that the reviewing authority provide the public with notice of the proposed approval of a PAL permit and at least a 30- day period for submittal of public comment, consistent with Federal PAL rules at 40 CFR 51.165(f)(5) and (11) and 51.166(w)(5) and (11). The July 2, 2010 public participation submittal included section 39.402(a)(8). Section 39.402(a)(8) specifies that the Chapter 39 provisions apply to the applications for the establishment or renewal of, or an increase in, PAL permit. Tables IV.D-1 and D-2 above demonstrate that the July 2, 2010 submittal satisfies requirements at
51.160 and 161. Table IV.D-3 above demonstrates how the July 2, 2010 submittal sati sfies 51.165(f)(5) and (11) and 51.166(w)(5) and (11).

The July 2, 2010 public participation submittal addresses
EPA’s concerns and resolves the identified deficiency. For PALs for existing major st ationary sources, there is no requirement that the St ate address all material comments before taking final action on the permit, consistent with 40 CFR 51.165(f)(5) and (w)(5). Per the discussion above in Table IV.D-3 in this TSD, the provisions at Sections 39.411(e)(4)(A)(i), 39.411(f)(1) and 55.156(b)(1) satisfy the requirement that the TCEQ address all comments before approving a PAL permit.

The July 2, 2010 public participation submittal addresses
EPA’s concerns and resolves the identified deficiency. The applicability provision in section 39.403 does not include PALs, despite the cro ss-reference to Chapter 39
in Section 116.194. The July 2, 2010 public participation submittal included section 39.402(a)(8). Section 39.402(a)(8) specifies that the Chapter 39 provisions apply to the applications for the establishment or renewal of, or an increase in, PAL permit.

The July 2, 2010 public participation SIP submittal
addresses EPA’s concerns and resolve the identified deficiency.

### 79 The analysis in Table IV.D-4 a bove has verified that the curr ent Texas public participation program for PAL applications at existing major s ources addresses all deficiencies identified in EPA’s proposed LA/LD.

4. Findings for Public Participation for PAL Permit Applications

The analysis presented above of the Texas publ ic participation requirements for PAL permit applications demonstrates that the submitted provisions are consistent with the Act, EPA regulations at 40 CFR 51.160, 51.161, 51.165(f)(4 )(B) and (f)(5) and 51.166(w)(f)(4)( b ) and (w)(5). Further, the submitted rule s address all deficiencies previ ously cited in our November 26, 2008 proposed limited approval/limited disapproval of Texas public notice requirements. Therefore, it is recommended to propose full a pproval of the Texas public notice provisions for PAL permit applications submitted on July 2, 2010, and March 11, 2011.

### 80 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

E. Evaluation of the Public Participatio n Process for Sources and Modifications Subject to Minor NSR P ermitting Requirements

Federal public participation requirements for Mi nor NSR permit applications are at 40 CFR 51.160 and 161. The applicability of the Texas public participation requirements for Minor NSR permit applications is outlined at 30 TAC 39.402 as follows:

 New minors – 39.402(a)(1). A new minor sour ce can be any source statewide that submits a permit application under Chapter 116, S ubchapter B that is not subject to the requirements for new major sources or major modifications for NNSR or PSD at Chapter 116, Subchapter B, Divisions 5 and 6. 4



###  Air quality amendments 5 

### under 30 TAC Chapter 116. Note that a permit amendment is a SIP-approved revision mechanism for an ex isting Chapter 116, Subchapter B permit.
Minor amendments can occur at minor source s or sources that are major for PSD or
NNSR whenever: a) a change occurs in the character of emissi ons or release of an air contaminant not previously authorized under the permit (i.e., change in control method or an increase in emission rate) – 39.402(a)(3)(A); b) the total emissions increase from all fac ilities to be authorized under the amended permit at a facility not a ffected by THSC, section 382.020 6 

### , exceeds the State’s
established “de minimis” levels – 39.402(a)(3)(B); c) the total emissions increase from all fac ilities to be authorized under the amended permit at a facility affected by THSC, section 382.020, exceeds the State’s established “insignificant” levels– 39.402(a)(3)(C); or d) other minor amendments where the Execu tive Director dete rmines reasonable
likelihood for interest or im pact – 39.402(a)(3)(D)(i)-(iv).

 Applications for concrete batch plants w ithout enhanced controls authorized by a standard permit under 30 TAC Chapter 116, Subchapter F 7 

### - 39.402(a)(11).

4 New minor permit actions do not include Permits-by-Rule (PBRs) or Standard Permits (SPs). New minor permit actions are authorized under the SIP-approved provisions at 30 TAC Chapter 116, Subchapter B. PBRs and SPs are separately authorized under SIP-approved provisions at 30 TAC Chapter 106 and Chapter 116, Subchapter F, respectively. Public notice for PBRs and SPs is outside th e scope of the state’s July 2, 2010 SIP submittal or the action today.

5 EPA SIP-approved the Texas permit amendment process at 30 TAC 116.116(b)(1) and (b)(2) on November 14, 2003 as adopted by the TCEQ on August 9, 2000 (see 68 FR 64543). These provisions provide that the permit holder shall not vary from any representation or permit condition without obtaining a permit amendment if the change will cause (A) a change in the method of control of emissions; (B) a change in the character of the emissions; or (C) an increase in the emission rate of any air contaminant. Further, any a pplicant who requests permit amendments must receive prior approval by the TCEQ ED or the commission. Appli cations for amendments aresubject to the requirements of 30 TAC 116.111. The current SIP requirements of 30 TAC 116.111 were SIPapproved by EPA on August 28, 2007 as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

6 THSC, § 382.020 establishes emission control requirements for selected agricultural facilities such as cotton gins, corn mills, grain elevators, peanut processing and ri ce drying facilities. THSC § 382.020 applies statewide.

7 EPA SIP-approved the Texas Standard Permit process and public participation process on November 14, 2003, as adopted by TCEQ on Decembe r 16, 1999 (see 68 FR 64543). EPA also SIP-approved revisions to the public participation process for the development of standard permits on September 17, 2008, as adopted by TCEQ September 20, 2006 (see 73 FR 53716).

### 81 The notice requirements for each type of Minor NS R permit application listed above is generally the same – meaning that a permit amendment will have the same public notice requirements as an application for a new minor source. The fo llowing analysis is confined solely to the approvability of the public participation requireme nts. This analysis ma y discuss the types of permits for illustrative purposes only; this analys is does not imply an action or future action by EPA on the approvability of a specific type of permit or the Minor NSR program as a whole. Rather, this analysis will determ ine if the public participation provisions are adequate under the CAA. This analysis may be used later in future EPA actions to supplement a review of the Minor NSR program or the review of a sp ecific type of Minor NSR permit.

1. Public Participation Process

The following steps provide a general overview of the Texas public notice process for a Minor NSR permit application.

1. Applicant submits Minor NSR permit application to TCEQ.

2. TCEQ reviews the application and dete rmines whether the application is administratively complete. During this process, the TCEQ has 90 days to determine the application is complete or request additional information. See 30 TAC 116.114(a)(1).

3. Once the application is admi nistratively complete, the ap plicant publishe s the first notice, the Notice of Receipt of Application and Intent to Obtain Permit (NORI). See 30 TAC 39.418(e).

4. TCEQ completes the technical review and makes a preliminary decision. The TCEQ has 180 days from the date the appl ication is administratively complete to
conduct the technical revi ew and make a preliminary decision. See 30 TAC 116.114(b).
5. The applicant publishes the second notice, the Notice of Application and Preliminary Decision (NAPD) when no tified by TCEQ of the preliminary
decision. See 30 TAC 39.419.

6. The TCEQ files the ED’s draft permit and preliminary decision, the preliminary determination summary and air quality anal ysis with the chief clerk and the clerk posts on the TCEQ’s website. See 30 TAC 39.419.

7. The comment period runs for 30 days afte r the last publication of the NAPD. See 30 TAC 55.152(a)(1). Note that there are some exceptions to the comment period for minor source concrete batch plants as discussed below in Table IV.E-1 and E2. The exceptions to the comment period for permit renewal applications will be
discussed in Section IV.F of this TSD.

8. A public meeting is held if the ED determines there is a substantial or significant degree of interest or if the meeting is requested by an interested person or a member of the legislature represen ting the general area of the proposed facility/modification. See 30 TAC 55.154(c).

9. The ED prepares a response to all co mments received. See 30 TAC 55.156(b)(1).

10. The ED shall file the response to comme nts with the chief clerk as soon as practicable, but not later th an 60 days after the end of the comment period. See 30 TAC 55.156(b)(3).

### 82 11. The chief clerk will mail or transmit the ED decision and the RTC to the applicant, any person who submitted comments and any person on the mailing list for the permit action. See 30 TAC 55.156(c).

12. The ED will take final action on the permit application within 150 days of receipt of a permit amendment application or 180 da ys for a permit application that is not a PSD/NNSR/PAL applicati on (i.e, application for new minor). See 30 TAC 116.114(c)(3). While not explicitly identifie d in the rule language, the TCEQ’s issuance clock is based on the completi on of the technical review and the publication of the NAPD.

2. Analysis of Requirements in 40 CF R 51 Specific to Minor NSR Sources

Tables IV.E-1 and E-2 provides a line-item co mparison of the Minor NSR requirements of §§ 51.160 and 51.161 and the comparable Texas Public Participation provisions. Where appropriate, the “Analysis" column of the following table will identify if EPA submitted substantive comments (i.e., not identifying typographical erro rs) on the public part icipation requirements specific to Minor NSR permit applications in ou r February 16, 2010 comment letter, and provide a summation and/or analysis of the TCEQ re sponse to the submitted comment. EPA’s February 16, 2010, comment letter is included in th e rulemaking docket for this action.

Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis (a) Each plan must set forth legally enforceable procedur es that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, or
combination of these will result in – (1) A violation of applicable portions of the control
strategy; or (2) Interference with
attainment or maintenance
of a national standard in the State in which the proposed source (or modification) is located or in a neighboring

State. §116.111. General Application. (a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following. (A) Protection of public health and
welfare. (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 proper ty of the public. EPA most recently SIP-approved the General Application provisions for the Texas NSR permit program on August 28, 2007, as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

Note 30 TAC 116.111(a) was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NSR program is SIPapproved with the necessary legally enforceable procedur es that enable the TCEQ to protect the NAAQS.

Section 116.111(a)(2)(A) requires that the application for a permit or permit amendment must demonstrate protection of public
health and welfare. Section 116.111(a)(2)(A)(i) requires that emissions from the proposed facility will comply with all rules and regulations of the TCEQ and the TCAA. Therefore, 116.111 continues to satisfy the requirements

### 83 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis of 51.160(a). (b) Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or
modification if – (1) It will result in a violation of applicable portions of the control strategy; or (2) It will interfere with
attainment or maintenance
of a national standard §116.111. General Application. As adopted by TNRCC August 21,

2002. Approved by EPA August 28, 2007 (72 FR 49198).

(a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (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; (2) information which
demonstrates that emissions from the facility, including any
associated dockside vessel emissions, meet all of the following. (A) Protection of public
health and welfare. (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. (ii) For issuance of a permit for construction or modification of any facility within 3,000 feet of an elementary, junior high/middle, or senior high school, the
commission shall consider any possible
adverse short-term or long-term side effects
that an air contaminant
or nuisance odor from the facility may have
on the individuals As the Minor NSR permitting authority in Texas, the TCEQ has established the criteria by which Minor NSR permits will be issued. These criteria (SIP-approved at 116.111(a) ) include the requirement that the applicant demonstrate that emissions from the facility comply with all rules and regulations necessary to protect human health
and the environment.

The TCEQ has the authority to receive application materials and
review these materials for technical merit. If the technical justifications for the permit application are not valid, then the TCEQ has the authority to not issue the permit. EPA approved these Minor NSR permitting provisions as appropriate to protect the NAAQS, consistent with 40 CFR 51.160(b) and the CAA when we SIP-approved the Minor NSR program.

### 84 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis attending the school(s). (B) Measurement of emissions. The proposed facility will have provisions for measuring the emission of significant air
contaminants as determined by the executive director. This may include the installation of sampling ports on exhaust stacks and construction of sampling platforms
in accordance with guidelines in the "Texas
Natural Resource
Conservation Commission (TNRCC) Sampling
Procedures Manual." (C) Best available control technology (BACT). The proposed facility will utilize BACT, with consideration given to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility. (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. (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. (F) NESHAP for source categories. The emissions

### 85 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis from the proposed facility will meet the requirements of any applicable 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)) (G) Performance
demonstration. The proposed facility will achieve the performance specified in the permit application. The applicant may be required to submit additional engineering data after a permit has been
issued in order to
demonstrate further that the proposed facility will achieve the performance specified in the permit application. In addition, dispersion modeling, monitoring, or stack testing may be required. (H) Nonattainment review. If the proposed facility is
located in a nonattainment area, it shall comply with all applicable requirements in this chapter concerning
nonattainment review. (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. (J) Air dispersion modeling. Computerized air dispersion modeling may be required by the executive director to determine air quality

### 86 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis impacts from a proposed new facility or source
modification. In determining whether to issue, or in conducting a review of, a permit application for a shipbuilding or ship repair operation, the commission will not require and may not consider air dispersion modeling results predicting
ambient concentrations of
non-criteria air
contaminants over coastal
waters of the state. The
commission shall determine compliance with noncriteria
ambient air contaminant standards and guidelines at land-based off-property
locations. (K) NOT IN SIP –

RELATES TO

HAZARDOUS AIR
POLLUTANTS (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. (c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such
information on – (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to
make the determination 39.411. Text of Public Notice. (e) When NORI by publication or mail is required by Subchapter H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection. (1) the name and address of the agency and the telephone number of an agency contact from whom interested persons may obtain further information; (2) the name, address, and telephone number of the applicant and a description of the manner in which a person may contact the applicant for further information; Minor NSR permit applications are subject to both first (NORI) and second (NAPD) notice. The text of the NORI will provide the general information about the proposed
source or modification. The text of the NAPD, along with the preliminary decision and draft permit, will provide the more detailed information used by the TCEQ in making the permit decision. The excerpts from 30 TAC 39.411(e) and (f) demonstrate the factual information that must be part
of a notice.

Additionally, as the Minor NSR

### 87 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis referred to in paragraph (a)
of this section. (3) a brief description of the location and nature of the proposed activity; (4) a brief description of public comment procedures

... (f) When NAPD by publication or mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection: (1) the information required by subsection (e) of this section [information in the NORI notice]; (2) a summary of the ED’s preliminary decision and whether the ED has prepared a draft permit;

... (8) in addition to the requirements in paragraphs (1) – (7) of this subsection, for air quality permit applications filed on or after the
effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6: (A) as applicable, the degree of increment consumption (B) a statement that the state’s air quality analysis is available for

comment

... permitting authority in Texas, the TCEQ has the authority to request the information necessary to properly review a permit application
and make a decision on said application. The TCEQ must make a finding of administrative completeness within 90 days of receiving the application; the final decision on any amendment application must be made within 150 days of a complete application, other permit applications are within 180 days. Therefore, 39.411(e) and (f) satisfy the requirements of 51.160(c).

(d)The procedures must provide that approval of any construction or
modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. §116.115. General and Special
Conditions. (b) General conditions. Holders of permits, special permits, standard permits, and special exemptions shall comply with the following: (2) the following general conditions if the permit or amendment is issued or amended on or after August 16, 1994, regardless of whether they are specifically stated within the permit
document. (H) Compliance with rules. (i) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity
with the TCAA and the conditions precedent to the granting of the permit. EPA most recently SIP-approved the general and special conditions for Chapter 116 permitting on April 2, 2010, as adopted by the TCEQ on August 20, 2003 (see 75 FR 16671).

Note that 30 TAC 116.115 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas Minor NSR program is SIPapproved with the necessary legally enforceable proce dures providing that approval of any construction or
modification does not affect the owner/operator’s responsibility to comply with applicable portions of the control strategy. Section 116.115 continues to satisfy the requirements of 51.160(d).

### 88 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis (ii) If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance
shall be demonstrated. (iii) Acceptance includes consent to
the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit. (e) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to
review. See above for the requirements in § 116.111.

Additionally, see below for requirements of § 116.111(b) – submitted October 25, 1999 and pending review in this TSD.
116.111 (b) In order to be granted a permit, amendment, or special permit amendment, the owner or operator must comply with the following notice requirements. (1) Applications declared administratively complete before September 1, 1999, are subject to the requirements of Chapter 116, Subchapter B, Division 3 (relating to Public
Notification and Comment Procedures) (effective March 2 1, 1999). (2) Applications declared administratively complete on or after September 1, 1999, are subject to the requirements of Chapter 39 of this title (relating to Public Notice) and Chapter 55 of this title (relating to Request for Reconsideration and Contested Case Hearings; Public Comment). Upon request by the owner or operator of a facility which previously has received a permit or special permit from the commission, the executive director or designated As the Minor NSR permitting authority in Texas, the TCEQ has established the criteria by which Minor NSR permits will be issued. These criteria (SIP-approved at 116.111(a) ) include the requirement that the applicant demonstrate that emissions from facility comply with all rules and regulations necessary to protect human health and the
environment. Note that under the Texas SIP, all increases in emissions will be permitted – either as major or minor NSR permit or meet the criteria for authorization as a permit by rule or standard permit.

Additionally, the General Application provisions at 116.111(b) provide that Minor NSR applications that are administratively complete after September 1, 1999 comply with the Chapter 39 Public Notice requirements. As will be detailed later, the Public Notice provisions at Chapter 39 require the applicant to identify the facility that will be subject to review and provide opportunity for comment. Minor NSR applications are subject to NORI and NAPD permitting so the submitted requirements at 39.418 and 39.419 apply to Minor NSR.

The TCEQ has the authority to receive application materials and
review these materials for technical

### 89 Table IV.E-1: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Minor P ermitting Provisi ons Analysis representative may exempt the relocation of such facility from the provisions in Chapter 39 of
this title if there is no indication that the operation of the facility at the proposed new location will significantly affect ambient air quality and no indication that operation of the facility at the proposed new location will
cause a condition of air pollution. merit. If the technical justifications for the permit application are not valid, then the TCEQ has the authority to not issue the permit. EPA approved these Minor NSR permitting provisions as appropriate to protect the NAAQS, consistent with 40 CFR 51.160(b) and the CAA when we SIP-approved the Minor NSR program. Section 116.111 satisfies the requirements of 51.160(e). (f)The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart. (1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). (2) Where an air quality model specified in appendix W of this part is inappropriate, the model may be
modified or another model
substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a
modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in § 51.102. §116.111. General Application. (a) In order to be granted a permit, amendment, or special permit amendment, the application must
include: (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following.

... (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. EPA most recently SIP-approved the General Application provisions for the Texas NSR permit program on August 28, 2007, as adopted by the TCEQ on August 21, 2002 (see 72 FR 49198).

Note 30 TAC 116.111(a) was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NSR program is SIPapproved with the ability to require air dispersion modeling as applicable.

Minor NSR permit applications are subject to both NORI and NAPD notice – therefore any technical information such as dispersion modeling or source impact analysis will be available for public review
and comment. Section 116.111 continues to satisfy the requirements of 51.160(f).



### Table IV.E-1 above demonstrates that the public participation requireme nts specific to new
minor sources or minor modifications as existin g sources satisfy the federal requirements found

at 40 CFR 51.160.

Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

(a) The legally enforceable procedures in §51.160 must also 39.405. General Notice Provisions. (g) Copy of application. The Section 39.405 requires that the application, subsequent revisions to

### 90 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

require the State or local agency to provide opportunity for public
comment on information submitted by owners and operators. The public
information must include the agency's analysis of the effect of
construction or modification on ambient air quality, including the agency's proposed approval or disapproval. applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located.

... The copy of the application must comply with the following. (4) A copy of the administratively complete application must be
available for review and copying beginning on the first day of newspaper publication of NORI and
remain available for the publications’ designated comment period. (5) A copy of the complete application (including any subsequent revisions to the application) and ED’s preliminary decision must
be available for review and copying beginning on the first day of newspaper publication required by this
section and remain available
until the commission has
taken action on the application or the
commission refers issues to

SOAH. (6) Where applicable, for air quality permit applications
filed on or after the
effective date of this section( June 24, 2010) the applicant shall also make
available the ED’s draft permit, preliminary determination summary and air quality analysis for review and copying beginning on the first day of newspaper publication required by 39.419 for
NAPD and remain available
until the commission has
taken action on the application or referred to

SOAH the application, the ED’s preliminary analysis, and the air quality analysis be made available for public review and comment.
Section 39.405 satisfies the requirements at § 51.161(a) for
which materials are made available for public comment for Minor NSR permit applications.

Section 55.152 provides at least a 30-day comment period after the last publication of the NAPD. Because Minor NSR permit applications are subject to NORI and NAPD notice requirements, the public is afforded the opportunity to comment on the application and related materials twice in the permitting process, which is more stringent than the federal requirements for Minor
NSR. Section 55.152 ensures that the public is provided the opportunity to comment consistent with § 51.161(a).

Note that concrete batch plants
without enhanced controls that are authorized through a standard permit are afforded only a 15-day notice period under 55.152(a)(2). This shortened time period is addressed in this table for § 51.161(c).

Note that renewals will be addressed separately in Section IV.F of this

TSD.

### 91 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

§ 55.152. Public Comment Period

(a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. (2) 15 days after the last publication of Notice of Receipt of A pplication and
Intent to Obtain Permit under §39.418 of this title, or 30 days after Notice of Application and Preliminary
Decision if a second notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by
Permits for New
Construction or Modification) or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted by
the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in orcontiguous to the right-ofway of a public works project; (b) For purposes of paragraph (a) of this section, opportunity for public comment shall include, as a
minimum— (1) Availability for public inspection in at least one  39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed
location.

 39.405(g)(1) requires the Section 39.405 satisfies the requirements at § 51.161(b)(1) for public inspection in at least one
location in the affected area of the information submitted by the owner/operator and the air quality

### 92 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

location in the area affected
of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality; applicant to make available for review the administratively complete application.

 39.405(g)(2) requires the applicant to make available for review the complete application, any subsequently submitted materials, and the ED’s preliminary decision.

 39.405(g)(3) requires the applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule, June 24,

2010. analysis for the Minor NSR permit application.

(2) A 30-day period for submittal of public comment; and 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. Notice given under this chapter will specify any applicable deadline to file public comment specified under § 551.152 of this title and, if applicable, any deadlines to file requests for reconsideration, contested case hearing, or notice and comment hearing. After the deadline, final action on an application may be taken under Chapter 50.

55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. (2) 15 days after the last publication of Notice of Receipt of A pplication and
Intent to Obtain Permit under §39.418 of this title, Minor NSR permit applications are subject to both NORI “first” notice
and NAPD “second” notice. The NORI gives a 30 day notice on the application. After the TCEQ completes the technical analysis, the draft decision along with the air quality analysis and other technical
documents are available for another 30 day notice period.

Section 55.152 generally provides that comment period is 30 days after the last publication of the NAPD. Because Minor NSR permit applications are subject to NORI
and NAPD notice re quirements, the public is afforded the opportunity to comment on the application and
related materials twice in the permitting process, which is more stringent than the federal requirements for Minor NSR.
Section 55.152 ensures that the public is provided the opportunity to comment consistent with § 51.161(a).

Note that concrete batch plants
without enhanced controls that are authorized through a standard permit are afforded only a 15-day notice period under 55.152(a)(2). This shortened time period is addressed in this table for § 51.161(c).

Note that renewals will be addressed

### 93 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

or 30 days after Notice of Application and Preliminary
Decision if a second notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by
Permits for New
Construction or Modification) or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted by
the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in orcontiguous to the right-ofway of a public works project; separately in Section IV.F of this

TSD.

Section 55.152 satisfies the requirements of § 51.161(b)(2).

(3) A notice by prominent
advertisement in the area
affected of the location of
the source information and analysis specified in paragraph (b)(1) of this
section. 39.419(e)(1) NAPD follows requirements of Chapter 39, Subchapter K.

Subchapter K 39.603. Newspaper Notice. (a) NORI under §39.419 is required to be published no later than 30 days
after the executive director declares an application administratively complete. This notice must contain the text as required by §39.411(e). (b) NAPD under §39.419 is required to be published within 33 days after
the chief clerk has mailed the preliminary decision concurrently with the NAPD to the applicant.
This notice must contain the text required at § 39.411(f). (c) General newspaper notice requires notice to be published in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility, unless otherwise specified. Section 39.603(c) further Minor NSR permit applications are subject to both NORI and NAPD. Therefore, we use the requirements at 39.418, 39.419 and 39.603(b).

Subchapter K provides requirements for Mailed Notice, Newspaper publication, and sign posting.

Newspaper notice is the traditional vehicle used by EPA to prominently advertise a proposed source. Section 39.603(c) requires publication in a newspaper of general circulation in the municipality in which the facility is located or proposed to be located, or in the municipality nearest the location or proposed location. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required material. Section 39.603 satisfies the prominent advertisement requirements of

51.161.

Historically, EPA has not

### 94 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

requires that within the newspaper, the applicant must provide 2 separate notifications with the required
material.

39.604. Sign Posting. (a) At the applicant’s expense, a sign or signs must be placed at the site of the existing or proposed facility declaring the filing of an application for a permit and stating the manner in which the commission may be
contacted for further information. considered or used sign posting as prominent advertisement. Therefore any Texas provisions requiring sign postage are more stringent than federal requirements for prominent
advertisement.

TCEQ originally adopted sign posting requirements at 30 TAC 116.133 on August 16, 1993. EPA SIP-approved these provisions on September 18, 2002 (see 67 FR 58697) as strengthening the SIP since federal notice provisions neither require nor prohibit sign posting. Subsequently, TCEQ adopted alternate language sign posting provisions at 30 TAC 116.133, effective July 8, 1998. EPA SIP approved these alternate language sign posting provisions on March 10, 2006 (see 71 FR 12285) as strengthening the SIP. The sign posting provisions at 39.604 are notsubstantively different from the SIPapproved sign posting provisions at

116.133. (c) Where the 30-day comment period required in paragraph (b) of
this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this section. (2) 15 days after the last publication of the NORI, or 30 days after NAPD if a second notice is required for a permit renewal under Chapter 116 or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted Section 39.419 establishes that the NAPD applies to Minor NSR applications. Section 55.152(a) provides generally a 30-day comment period following the publication of the NAPD. The exception to this is the 15-day period authorized in 55.152(a)(2) for renewals (covered elsewhere in this TSD) and concrete batch plants
without enhanced controls authorized by a standard permit.

Is it appropriate to provide a 15-day notice period for concrete batch plants without enhanced controls authorized by a standard permit?

40 CFR 51.161(c) anticipates that permitting authorities may find it necessary to shorten the 30-day comment period. To receive approval the permitting authority
must submit demonstration that the revised approval period is consistent

### 95 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

under Chapter 116, subchapter F, unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; with existing requirements. The TCEQ has determined that concrete batch plants without enhanced controls that are authorized by a Standard Permit under Chapter 116, Subchapter F can receive a 15-day notice period. This shortened notice period is necessary for the nature of the facility, which must be operated in a short time window. In general, EPA SIP-approved the Standard Permit process requiring no additional notice beyond the development of the standard permit itself. So, the requirement to have15-day notice in addition to the SIPapproved notice process for standard permits provides for further public participation. Further, EPA provides
states broad discretion in determining the scope of their Minor NSR programs. As such, EPA finds that the 15-day notice window for concrete batch plants subject to the Chapter 116, Subchapter F standard permit is sufficient and satisfies 40 CFR 51.161(c). (d) A copy of the notice required by paragraph (b) of this section must
also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified
installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2). 39.605. Notice to Affected Agencies.

In addition to the requirements in § 39.405(f)(3) of this title: (9) When newspaper notices are published under this section, the applicant shall furnish a copy of
the notices and affidavit to: (A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county in
which the construction is to

occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by the
emissions from the new or modified facility; and (D). If notice is for an application filed on or after
the effective date of this For air quality permits, Section 39.605 requires that copies of newspaper notices and sign posting verification be sent to the R6 RA, state and location air pollution control agencies, and Federal or State Land Managers or Indian Governing Body.

Section 39.605 satisfies 40 CFR 51.161(d).

### 96 Table IV.E-2: Analysis of the Texa s Public Participation Requirements for Minor NSR Permit Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

section for a PSD or NNSR permit, the chief executives of the city and county
where the source would be located, and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from
the source or modification. (10) When sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under § 39.418

to: (A). The chief clerk; (B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C).



### Table IV.E-2 above demonstrates that the public participation requireme nts specific to Minor NSR permit applications for new sources or minor modifications at existing sources satisfy the federal requirements found at 40 CFR 51.161.

Note that the applicant is legally responsible for the publi cation of the NORI and NAPD, using the specific notice text provide d through regulations by the TCEQ. The applicant is also legally responsible for providing copies of the public notice documents to th e EPA Regional Office, local air pollution control agencies with juri sdiction in the county, and air pollution control agencies of nearby states that may be impacted by the proposed new source or modification. The submitted Texas public participation rules establis h that the applicant, rather than the State permitting authority, is the legally responsible pa rty for satisfying the public notice requirements for Minor NSR applications. The applicant is required to follow the Texas public notice regulations, which specify the text for the noti ce documents and specify the additional agencies
that will receive notice. It is recommended that EPA publish a pr oposed approval finding that the submitted Texas public participa tion regulations identifying th e applicant as the legally responsible party meet the requirements to provide opportunity for public comment and for information availability at 40 CFR 51.161.

The section-by-section analysis provided in Ta bles IV.E-1 and E-2 of the federal Minor NSR public participation requirem ents with the corresponding Texas requirements for public participation of Minor NSR permit applications has shown that the Texas program satisfies all federal requirements for public notice for Minor NSR permits. It is recommended that EPA publish a proposed approval of the Texas public participation program for Minor NSR permit applications.

### 97 a. Does every permit application for a new minor source or minor modification go through public notice?

TCEQ’s revised regulations for public part icipation increase opportunities for public involvement in Minor NSR permitting decisions compared to the current SIP-approved provisions. TCEQ’s current SI P-approved rules at 30 TAC 116.130(a) require public notice with the NORI and NAPD for every application for a new minor source. However, for permit amendment applications, the current SIP-appr oved rules only require public notice at the discretion of the TCEQ Executive Director. Th is means that under th e existing SIP-approved regulations, many permit amendments are not subj ect to public notice requirements, and that these rules do not specifically define the conditions upon which the Executive Director can require public notice. TCEQ’s revise d rules continue to require that all applications for new Minor NSR sources go through full public notice w ith the NORI and NAPD, improve the public notice opportunities for permit amendments, and define conditions for use of the Executive
Director’s discretion.

TCEQ’s revised rules enhance public participation by creating tiered, public notice requirements for permit amendments. Unlike the existing SIP re gulations, the revised rules now require that most of permit amendments go through full pub lic notice with the NORI and NAPD. This includes changes to the permits that authorize a ch ange in the character of emissions or a release of an air contaminant not prev iously authorized, and changes that increase emissions above certain thresholds. But, the new rules retain and refine the TCEQ’s director’s discretion provisions for two specific types of minor permit amendments - for “de minimis ” or “insignificant” activities. For these amendmen ts, TCEQ will not auto matically require an opportunity for public particip ation. TCEQ justified its a pproach for permit amendment applications with emissions less than these thresholds using de minimis principles like those
established in Alabama Power

. 8



### Despite these thresholds however, the TCEQ revi sed rules vest the TCEQ Executive Director with the authority to require public notice for an otherwise exempt permit amendment if there is 1) reasonable likelihood of signifi cant public interest in the acti vity, 2) reasonable likelihood for emissions impact at a nearby receptor, 3) reasonable likelihood of high nuisance potential from the operation of the facility, or 4) the applicati on involves a facility in the lowest classification under Texas Water Code, Section 5.753 and 5.754 a nd the Compliance History Rules at 30 TAC Chapter 60.

The following table identifies the different types of Minor NSR actions and the type of public notice that is required under th e existing SIP and how the public notice requirements are changed in the July 2, 2010 Public Notice SIP Submittal.

Table IV.E-3: Analysis of Public Notice Requirements in the Existing SIP and the July 2, 2010 Public Notice Submittal for the Different Types of Minor NSR Permitting Actions Type of Minor NSR Permit or
Action Public Notice Required per SIP Pub lic Notice Required per July 2,
2010 Public Notice SIP Submittal New minor source permit NORI required. NORI and NAPD required.

8 See Ala. Power Co. v. Costle , 636 F.2d 323 (D.C.Cir. 1979).

### 98 Table IV.E-3: Analysis of Public Notice Requirements in the Existing SIP and the July 2, 2010 Public Notice Submittal for the Different Types of Minor NSR Permitting Actions Type of Minor NSR Permit or
Action Public Notice Required per SIP Pub lic Notice Required per July 2,
2010 Public Notice SIP Submittal (also referred to as an individual permit or case-by-case determination) under Chapter 116, Subchapter B but not subject to PSD or NNSR rules NAPD only provided if contested case hearing requested within appropriate time frame

Amendments under Chapter 116, Subchapter B when the amendment
involves: Note: The following are all types of permit amendments – therefore there is a permitting action associated with each.

The demarcation is whether there is pub lic notice associated with each type of permit amendment.

A. A change in character of
emissions or release of an air contaminant not previously authorized under the permit 116.130(a) – public notice for a permit amendment application is at
the discretion of the ED. NORI and NAPD required.

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

(i). 50 TPY CO (ii). 10 TPY SO 2 (iii). 0.6 TPY lead; or (iv). 5 TPY NO X , VOC, PM or any other air contaminant except

CO 2 , H 2 O, N 2 , CH 4 , C 2 H 6 , H 2 and O 2

. 116.130(a) – public notice for a permit amendment application is at
the discretion of the ED.

A facility affected by THSC § 382.020 is an agricultural facility such as corn mill, cotton gin, feed mill, grain elevator, peanut processing facility or rice drying facility.

The existing SIP states that a permit amendment application at a facility
other than one of the above agricultural facilities only goes to public notice at the discretion of the ED. That means some actions may
receive notice while others do not. It
could also mean that some actions
receive NORI notice and others
receive NORI an d NAPD or no notice at all. There is no requirement or criteria for consistency between
decisions. NORI and NAPD required

A facility affected by THSC § 382.020 is an agricultural facility such as corn mill, cotton gin, feed mill, grain elevator, peanut processing facility or rice drying facility.

Therefore, under the new rules, a facility other than one of the agricultural facilities listed above, that applies for a permit amendment
and will exceed one of the indicated “de minimis” thresholds must go through NORI and NAPD notice.

If the permit amendment application
does not exceed one of the identified thresholds there is no requirement for notice but the change is memorialized through the permit
amendment. The ED does have discretion to require NORI and NAPD publication for amendments that do not automatically receive
notice.

C. A facility affected by THSC § 382.020, where the total
emissions increase from all
facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following
levels: (i). 250 TPY CO or NO X (ii). 25 TPY of VOC, SO 2 , 116.130(a) – public notice for a permit amendment application is at
the discretion of the ED.

A facility affected by THSC § 382.020 is an agricultural facility such as corn mill, cotton gin, feed mill, grain elevator, peanut processing facility or rice drying facility. NORI and NAPD required.

A facility affected by THSC § 382.020 is an agricultural facility such as corn mill, cotton gin, feed mill, grain elevator, peanut processing facility or rice drying facility.

Therefore, under the new rules, a permit amendment application at

### 99 Table IV.E-3: Analysis of Public Notice Requirements in the Existing SIP and the July 2, 2010 Public Notice Submittal for the Different Types of Minor NSR Permitting Actions Type of Minor NSR Permit or
Action Public Notice Required per SIP Pub lic Notice Required per July 2,
2010 Public Notice SIP Submittal PM or any other air contaminant except CO 2 , H 2 O, N 2 , CH 4 , C 2 H 6 , H 2 and O 2

. (iii). A new major stationary source or major
modification threshold as defined in § 116.12 of
this title (iv). A new major stationary source or major modification threshold,
as defined in 40 CFR
52.21 under the PSD requirements The existing SIP states that a permit amendment application at one of the above agricultural facilities only goes to public notice at the
discretion of the ED. That means some actions may receive notice
while others do not. It could also
mean that some actions receive
NORI notice and others receive
NORI and NAPD or no notice at all. There is no requir ement or criteria for consistency between decisions. one of the above agricultural
facilities that exceeds the “insignificant” levels indicated must go through public notice using both
NORI and NAPD.

If the permit amendment application at one of the subject agricultural facilities has proposed emissions below those “insignificant” thresholds, there is no requirement for notice but the change is memorialized through the permit
amendment. The ED does have discretion to require NORI and NAPD publication for amendments that do not automatically receive
notice.

D. Other amendments when the
executive director determines
that: (i). There is reasonable
likelihood for emissions to impact a nearby sensitive receptor; (ii). There is reasonable likelihood of high nuisance potential from the operation of the facilities; (iii). The application involves a facility in the lowest
classification under TWC § 5.753 and 5.754 and Chapter 60; or (iv). There is reasonable likelihood of significant public interest in a proposed activity. 116.130(a) – public notice for a permit amendment application is at
the discretion of the ED. NORI and NAPD required.

The new rules provide additional clarity for when the executive director can require public notice. In addition to the other types of amendments that must go through public notice, the identified criteria
define when the ED has discretion to require public notice for the sources
discussed above that would otherwise be exempt from public
notice.

Concrete Batch Plants without
Enhanced Controls Established under Chapter 116, Subchapter F but required to use Chapter 39 public notice This is a SP, but is required to have individual notice pursuant to the TCAA and Chapter 39. NORI and NAPD required for the
individual SP.

Note that the following three types of Minor NSR Permit Actions are provided solely for context. Public notice requirements for each of these permitting actions is already SIP-approved and outside the scope of the July 2, 2010
submittal.

Standard Permits Chapter 116, Subchapter F Notice required under Chapter 116, Subchapter F when the SP is created; no required when an individual source applies for a SP No change to existing SIP; SPs are outside the scope of the July 2, 2010
submittal

### 100 Table IV.E-3: Analysis of Public Notice Requirements in the Existing SIP and the July 2, 2010 Public Notice Submittal for the Different Types of Minor NSR Permitting Actions Type of Minor NSR Permit or
Action Public Notice Required per SIP Pub lic Notice Required per July 2,
2010 Public Notice SIP Submittal Permits by Rule Chapter 106 Notice required under Chapter 106 when the permit by rule (PBR) is created; not when an individual source applies for a PBR No change to existing SIP; PBRs are outside the scope of the July 2, 2010
submittal

Permit Alteration 116.116(c) No public notice required for a permit alteration pursuant to 116.116(c). No change to existing SIP; alterations are outside the scope of the July 2, 2010 submittal



### b. Minor NSR Public Notice Requirements Speci fic to Two Types of Minor NSR Permit Amendment Applications

As explained above, the submitted Texas public pa rticipation provisions create a tiered program, wherein two certain types of Minor NSR amendm ent applications that have been defined by TCEQ as “de minimis” or “insignificant” wi ll not automatically require public notice. The following outlines the specific thresholds that qu alify as “de minimis” or “insignificant” under the revised rules, and the basi s for TCEQ’s determination.

i. Identification of the Minor NSR Emission Thre sholds and Affected Source Populations

 Thresholds are only used for permit amendment applications. Applications for new Minor NSR sources are now required by these submitted rules to go through the public procedures of the NORI and NAPD. The minor permit amendm ent applications are further divided based
on the amount of emission increases at issue an d whether the facility is affected by THSC
section 382.020.

 THSC section 382.020 applies to an agricultural facility such as corn mill, cotton gin, feed mill, grain elevator, peanut processing facility or rice drying facility.

o Section 39.402(a)(3)(B) provides that if the permit amendmen t application is not for an affected agricultural facility then the public notice provided through the NORI and NAPD apply, unless the total emissions increase from all facilities authorized in the amendment does not exceed any of the follo wing levels established by the State as
“de minimis” levels:

 50 TPY CO

 10 TPY SO 2



###  0.6 TPY lead

 5 TPY of NO X 

### , VOC, PM, or any othe r contaminant except carbon dioxide, water, nitrogen, methan e, ethane, hydrogen, and oxygen.

o Section 39.402(a)(3)(C) provides that if the permit amendm ent is for an affected agricultural facilit y, then the public notice requi rements of the NORI and NAPD apply, unless the total emissions increase from all authorized facilities in the amendment does not exceed any of the fo llowing thresholds established by the State as “insignificant” thresholds:

 250 TPY CO or NO X



###  25 TPY of VOC, SO 2 

### , PM or any other air contaminant except CO 2 

### , H 2 

### O,

N 2 

### , CH 4 

### , C 2 

### H 6 

### , H 2 

### and O 2



### .

### 101  A new major stationary source or majo r modification threshold as defined
in section 116.12 of this title

 A new major stationary source or majo r modification threshold, as defined in 40 CFR 52.21 under the PSD requirements

 If the permit amendment application includes proposed emissions increases of any air
contaminant above the identified threshold then the amendment applicatio n is required to go through notice pursuant to Chapter 39 require ments. That means the permit amendment application will go through the NORI and NAPD publication process.

ii. How were the “De minimis” and “Insignificant” Thresholds for Minor NSR Permit
Amendments Established?

(A). Texas “De Minimis” Thresholds for Minor Permit Amendments

The thresholds established by the State as “de minimis” thresholds apply to all minor permit amendment applications, except thos e for affected agricultural faci lities. The Texas “de minimis” thresholds submitted on July 2, 2010, were originally adopted by the TCEQ in 2001 after a rulemaking process consistent with the Texas Ad ministrative Procedure Act, Texas Government Code, Chapter 2001. TCEQ solicited, received and responded to comments during the 2001 rulemaking process. The TCEQ provided furthe r opportunity to commen t on the scope of its minor NSR program, and on the selected “de minimi s” thresholds during the proposal of the July 2010 rulemaking, but there were no additional comments on the “de minimis” threshold values.

During the State’s rulemaking process for the curren t Texas public particip ation rules that have been submitted to the EPA, the TCEQ reviewed its rationale for the scope of the minor NSR program and its rationale for the selection of th e “de minimis” thresholds. TCEQ found that the rationale developed in 2001 was still relevant an d factual; therefore the rationale was resubmitted as part of the July 2, 2010 Public Participati on SIP submittal. The TCEQ presents the rationale
for the selection of the “de minimis” threshol ds in the June 18, 2010 Texas Register, pages 5226 – 5228. The “de minimis” thresholds are generally based on EPA’s significant emission rates and significant impact levels (which are themselves a percentage of the applicable NAAQS) that together are used to determine whether a propos ed source or modificatio n will have a significant impact. The TCEQ also accounted for all averag ing periods for each NAAQS in the development
of the “de minimis” thresholds.

For example, in developing the “de minimis” threshold for SO 2 

### , the TCEQ noted that EPA’s federal significance level of 40 TP Y was based on a design value c oncentration of 4% of the 24- hour NAAQS. See 45 FR 52675, at 52705-52710 (August 7, 1980), for further information on how EPA established the significance levels for cr iteria pollutants. The TCEQ determined that a
“de minimis” emission rate of 10 TPY is more appropriate because it is based on a design value concentration of 1% of the lowest significant impact level (SIL) to NAAQS ratio that would trigger a detailed air quality analysis for any of the three SO 2 

### NAAQS averaging periods.

Within the scope of the Texas Minor NSR progr am, the “de minimis” thresholds distinguish those minor permit amendment applications that require full review from those that may not. But, the thresholds do not aff ect any part of the technical review of these minor permit amendment applications or the requirement to comply with other requirements such as

### 102 application of required control technology, reporting when require d to the emissions inventory, and analysis of monitoring data. Additionally, being below the “de minimis” threshold does not override any notice or technical requirements for PSD, NNSR or new Minor NSR permit applications. We propose to find that TCEQ provi ded an adequate demons tration to show that
their selected “de minimis” thresholds for permit amendments are based on insignificant emission rates and insignificant emissions impact.

(B). Texas “Insignificant” Thresholds for Minor Permit Amendments for Selected Agricultural Facilities

The thresholds selected by the State and called “insignificant” threshol ds apply only to minor permit amendment applications for affected agricu ltural facilities. TCEQ originally adopted the “insignificant” thresholds submitted on July 2, 2 010, for minor permit amendment applications at affected agricultural f acilities in 2001 after a rulemaking process cons istent with the Texas Administrative Procedure Act, Texas Gove rnment Code, Chapter 2001. TCEQ solicited, received, and responded to comments during the 2001 rulemaking process. The TCEQ provided further opportunity to comment on the selected “i nsignificant” thresholds during the proposal of the July 2010 rulemaking but received no additi onal comments on the “insignificant” threshold
values.

During the rulemaking process for the current Texas public participation rules, the TCEQ
reviewed the rationale for the se lection of the “insignificant” th resholds. TCEQ found that the rationale developed in 2001 was still relevant an d factual; therefore the rationale was resubmitted as part of the July 2, 2010 Public Participati on SIP submittal. The TCEQ presents the rationale for the selection of the “insignificant” thresh olds in the June 18, 2010 Texas Register, pages 5228 – 5230. TCEQ states that its discretionary public participation pr ogram for selected agricultural facilities with emissions increases below the State’s defined “insignificant”
thresholds is “intended to focus the atten tion of the public and the commission on emission increases that could have a greater potential fo r public interest and quest ions regarding impacts to public health and welfare.”

TCEQ further provided a review of the sour ces subject to THSC 382.020 from September 2001 through March 2010. This review indicates that the TCEQ processed 356 permit amendment applications for subject agricultural facilities . These agricultural f acilities are located in approximately 88 counties, many of which are ru ral areas in west Texas, and many of these applications were associated with cotton gi ns. These amendment applications accounted for about 10% of the amendment applications for all types of facilities (not just these selected agricultural facilities) processed during that time period. The primary pollutant of concern in these applications is particulat e matter (PM). No area in Texas is designated as nonattainment for

PM 2.5 

### (or PM less than 2.5 microns in diameter). El Paso, Texas is designat ed as nonattainment
for PM 10 

### (or PM less than 10 microns in diameter); but the designation is based on historical transport of particulate emissions from th e Ciudad Juarez, Mexico area. See 59 FR 02532, January 18, 1994

. 

### TCEQ reviewed dispersion modeli ng results from 1990 and 1994 and found
that El Paso would be in attainment for the PM standards, but for the emissions transport from Ciudad Juarez. Because the TCEQ has issued no nonattainment or PSD permits for agricultural
facilities in the El Paso area and none of the permit amendment a pplications during the applicable time period were for facilities in El Paso County, the TCEQ has determined that PM

### 103 emissions generated by the handling, loading, un loading, drying, manufactur ing or processing of grain, seed, legumes or vegetable fibers are not of concern in El Paso. Further, the TCEQ has only issued one PSD permit statewide for an ag ricultural facility unde r THSC 382.020, and that is for a brewery. Therefore, TCEQ concluded that the “insignificant” thres holds for agricultural facilities would not negatively impact the El Paso area or any ot her area in Texas.

Like, the selected “de minimis” thresholds, the st ate’s chosen “insignifica nt” thresholds are used to distinguish those agricultural facilities for wh ich permit amendments re quire full review from those that may not. However, within the scope of Texas’s revised rules, the thresholds do not affect any part of the techni cal review of these permit am endment applications; or the requirement to continue to comply with other re quirements such as application of appropriate control technology, reporting when required to the emissions inventory, and analysis of monitoring data. Further, the discretionary public notice for minor permit amendments at selected agricultural facilities does not overrid e any notice or technical requirements for PSD, NNSR or new Minor NSR permit applications. We believe that TCEQ provided an adequate
demonstration to show that their selected “ins ignificant” thresholds for permit amendments for selected agricultural facilities are limited in scope , apply to a limited subcategory of sources, and represent a small subset of the permit am endment universe. We propose to find this
demonstration meets 40 CFR 51.160 and 51.161.

3. Does the Current Public Participation SIP Submittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?

Section IV.A of EPA’s November 26, 2008, pr oposed limited approval/limited disapproval of the Texas Public Participation program for air qu ality permits, identified several deficiencies in the Texas public participation rules specific to new minor sources and minor modifications. Table IV.E-3 below identifies each Minor NSR-sp ecific deficiency and whether the current SIP revisions for public participat ion resolve the deficiency.

Table IV.E-4: Analysis of the Current Public Participation SIP Subm ittals with respect to the identified deficiencies specific to Minor NSR permitting in the proposed LA/LD Minor NSR-Specific Deficien cies Identified in the
LA/LD 73 FR 72001, 72007 November 26, 2008 Evaluation of Current Public Participation SIP
Submittals

Under section 39.419(e) for new or modified Minor NSR sources or minor modifications at major sources, the rules do not require public notice and the opportunity for comment on the State’s analysis of the effect of construction or modification on ambient air quality, including the agency’s proposed approval or disapproval, as required by 40 CFR 51.161(a) and (b), unless a contested case hearing is requested and not withdrawn after notice of application and intent to obtain a permit (NORI) is published. The July 2, 2010 public participation SIP submittal has expanded the requirement to publish the NAPD to all
new minor sources or minor modifications under Chapter 116, Subchapter B. See 39.419(e). As previously demonstrated in the TSD, the NAPD notice is consistent with 40 CFR 51.161(a) and (b) to provide notice and opportunity to comment on the state’s analysis and the prelim inary determination.

Under section 39.402(a)(3)(b) [Note that during the proposed LA/LD the section we cited was section 39.403(b)(8)], for a Minor NSR permit amendment or minor modification under section 116.116(b), (where there is a change in the method of control of emissions; a Upon withdrawal of the proposed LA/LD, EPA determined that this provision does not contravene federal requirements. The concern as stated was that a permit amendment below the identified thresholds would not receive any public notice. EPA recognizes

### 104 Table IV.E-4: Analysis of the Current Public Participation SIP Subm ittals with respect to the identified deficiencies specific to Minor NSR permitting in the proposed LA/LD Minor NSR-Specific Deficien cies Identified in the
LA/LD 73 FR 72001, 72007 November 26, 2008 Evaluation of Current Public Participation SIP
Submittals

change in the character of the emissions; or an increase in the emission rate of any air contaminant) the existing SIP requires the permit holde r to apply for and receive approval of a permit amendment. However, the revised rules do not require an public participation as required by 40 CFR 51.161(a) and (b) unless the change involves construction of a new facility or modification of an existing facility that results in an increase in allowable emissions equal to or greater than 250 tpy of CO or NOX; or 25 tpy of VOC or SO2 or PM10; or 25 tpy of any other air contaminant exce pt carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen or other changes within the discretion of the Executive
Director. that there are permitting m echanisms that have been SIP-approved to require no public notice below those permitting thresholds – i.e, PBRs and standard permits. Further, because states are given broad deference to develop and implement their Minor NSR programs, a state can provide a tiered public notice program as long as adequate demonstration is made to EPA.

As discussed previously, the demonstrations provided in the July 2, 2010 public notice SIP submittal adequately justify the creation of the public notice tiers consistent with 40 CFR 51.161(a) and (b).

Under section 39.419(e)(1)(C), for any amendment, modification or renewal of a major or minor source which requires a permit application, the rules do not require public notice and the opportunity for comment on the State’s analysis of th e effect of construction or modification on ambient air quality, including the agency’s proposed approval or disapproval, as required by 40 CFR 51.161(a) and (b), if the amendment, modification, or renewal would not result in an increase
in allowable emissions and would not result in the emission of an air contaminant not previously emitted unless the application involves a facility for which the applicant’s compliance history contains violations that are unresolved and that constitute a recurring pattern of egregious conduct which demonstrates a consistent disregard for the regulatory pr ocess, including the failure to make a timely and substantial attempt to correct the
violations. At the time of the proposed LA/LD, section 39.419 included subsection (e)(1)(C) which exempted minor NSR permit applications from publication of the second notice, or NAPD.

In response to our proposed LA/LD, the TCEQ expanded the publication of the NAPD to cover Minor NSR permit amendment applications. The July 2, 2010 public notice SIP submittal requires NORI and NAPD public notice for amendments above identified emission thresholds. Below those thresholds, the TCEQ has provided adequate demonstration that public notice is not necessary. This approach is consistent with EPA’s broad deference to a state’s ability to develop and implement a Minor NSR program. Additionally, requiring NORI and NAPD notice for amendments above a specified emissions threshold is more stringent than the existing SIP; which only requires public notice
of amendments at the discretion of the Executive
Director. Also, section 39.403(b)(8), Applicability, of the revised rule refers to two State statutory provisions, THSC section 382.0518 (preconstruction permit) and section 382.055 (review and renewal of preconstruction permit). For clarity, and for approvability into the SIP, section 39.403(b) should be revised to refer to the corresponding
sections of the Texas SIP. Upon withdrawal of the proposed rule, we have determined that this provision does not contravene federal requirements. Generally, we do not approve cross-references that are not otherwise SIP-approved. But, in these instances the st atutory provisions serve to provide more clarity to the subset of sources identified in the rule language.

Note that since the time of the proposed LA/LD, TCEQ has withdrawn from our consideration the prior version of Chapter 39 that was submitted for SIP approval, and resubmitted a new version of Chapter 39. The sections discussing Applicability of the public participation program that include cross-refe rences to statutes are now located at § 39.402(a)(3)(B) and (C). In this instance, the statute mentioned is THSC § 382.020 concerning

### 105 Table IV.E-4: Analysis of the Current Public Participation SIP Subm ittals with respect to the identified deficiencies specific to Minor NSR permitting in the proposed LA/LD Minor NSR-Specific Deficien cies Identified in the
LA/LD 73 FR 72001, 72007 November 26, 2008 Evaluation of Current Public Participation SIP
Submittals

agricultural facilities.



### The analysis in Table IV.E-4 above has verified that the curr ent Texas public participation program for Minor NSR permitting actions addre sses all deficiencies identified in EPA’s proposed LA/LD.

4. Findings for Public Participation for Minor NSR Permit Applications

The preceding analysis demonstrates that th e July 2, 2010 submitted public notice provisions, including the tiered public participation approach for perm it amendments, improve upon the existing SIP-approved requirements for public notice by expanding opportunities for public involvement in minor NSR permitting decision. A dditionally, the submitted provisions address all deficiencies we previously cited in our November 26, 2008 proposed limited approval/limited disapproval of Texas public noti ce requirements. It is reco mmended that we propose full approval of the Texas public notice provisions for Minor NSR permit applications submitted on July 22, 1998; October 25, 1999; and July 2, 2010.

### 106 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

F. Evaluation of the Public Participation Process for Permit Renewal Applications

There are no federal requirements for a Title I permit (PSD/NNSR/Minor NSR) to be renewed; and correspondingly, no public participation requ irements specific to Title I permit renewals. However, EPA approved the Texas provisions for renewal of Title I permits at 30 TAC Chapter 116, Subchapter D, Sections 116.310 – 116.315, on March 10, 2006 (71 FR 12285), with revisions approved on March 20, 2009 (74 FR 11851), March 11, 2010 (75 FR 11464) and November 14, 2011 (76 FR 70354). Therefore, permit renewals under 30 TAC Chapter 116, Subchapter D are considered SI P-approved Title I permits and th e public participation for said permits must be evaluated. Section 39.402(a)(6) establishes that the requirements found in 30 TAC Chapter 39, Subchapters H and K apply to a pplications for renewal of Chapter 116 permits.
This section of the TSD will determine whether the submitte d Texas public participation requirements for permit renewal applications satis fy the federal requirements for public notice. This TSD will not review the SIP-approved permit renewal process, only the public notification procedures.

1. Public Participation Process

The following steps provide a general overview of the Texas public notice process for a permit renewal applications.

1. TCEQ notifies permit holder that permit is scheduled for review. This notification occurs no less than 180 days before the permit expires. See 30 TAC 116.310.

2. Applicant submits the permit renewal application. See 30 TAC 116.315.

3. TCEQ reviews the application and dete rmines whether the application is administratively complete. During this process, the TCEQ has 90 days to determine the application is complete or request additional information. See 30 TAC 116.114(a)(1).

4. Once the application is admi nistratively complete, the ap plicant publishe s the first notice, the Notice of Receipt of Application and Intent to Obtain Permit (NORI). See 30 TAC 39.418(e).
5. TCEQ completes the technical review a nd makes a preliminary decision within 180 days from receipt of a comple ted permit application. See 30 TAC 116.114(a)(2).

6. The comment period runs for 15 days after the last publication of the NORI. See 30 TAC 55.152(a)(2). Generally, permit renewal applications do not publish second notice (NAPD). However, if the re newal includes an increase in allowable emissions and results in the emission of air contaminants not previously emitted, a second notice, NAPD, must be publishe d. See 30 TAC 39.419(e)(1). If the NAPD is required, the comment period runs for 30 days from the date of NAPD publication. See 55.152(a)(2).

7. A public meeting is held if the ED determines there is a substantial or significant degree of interest or if the meeting is requested by a member of the legislature representing the general area of the proposed facility/modification. See 30 TAC 55.154(c)(1) and (2). If a public meeting is held, the comment period automatically extends to the close of the public meeting. See 30 TAC 55.152(b).

### 107 8. The ED prepares a response to all timely, relevant and material, or significant public comments received. See 30 TAC 55.156(b)(1).

9. The ED shall file the response to comme nts with the chief clerk as soon as practicable, but not later th an 60 days after the end of the comment period. See 30 TAC 55.156(b)(3).

10. The chief clerk will mail or transmit the ED decision and the RTC to the applicant, any person who submitted comments and any person on the mailing list for the permit action. See 30 TAC 55.156(c).

11. The ED will take final action on the permit application within 180 days of receipt of a complete permit renewal appl ication. See 30 TAC 116.114(c)(3).

2. Analysis of Requirements in 40 CFR 51 Sp ecific to Permit Renewal Applications

Tables IV.F-1 and F-2 provides a line-item comparison of the requirements of §§ 51.160 and 51.161 and the comparable Texas Public Participation provisions for permit renewal applications. Note that EPA did not submit subs tantive comments on the p ublic notice provisions for permit renewal applications in our February 6, 2010, comment letter.

Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis (a) Each plan must set forth legally enforceable procedur es that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, or
combination of these will result in – (1) A violation of applicable portions of the control
strategy; or (2) Interference with
attainment or maintenance
of a national standard in the State in which the proposed source (or modification) is located or in a neighboring

State. § 116.311. Permit Renewal Application. (a) In order to be granted a permit renewal, the permit holder shall submit information in support of the application which demonstrates that: (1) dockside vessel emissions associated with the 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 and minimization of emissions to the extent possible, consistent with good air pollution practices. (2) the facility is being operated
in accordance with all requirements and conditions of the existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously granted renewal,
unless otherwise authorized for a qualified facility; (3) the facility meets the requirements of any applicable
New Source Performance EPA SIP-approved the Permit Renewal Application provisions at 30 TAC 116.311(a)(2) on March 10, 2006 (see 71 FR 12285). The EPA SIP-approved the remainder of 116.311(a),[ with the exception of 116.311(a)(6)], 116.311(b) and 116.311(c) on November 14, 2011 (see 76 FR 70354).

Note 30 TAC 116.311 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the Texas permit renewal program is SIP-approved with the necessary legally enforceable procedures that enable the TCEQ to protect the NAAQS.

Section 116.311 requires that the permit renewal applicant demonstrate that the facility is being operated in accordance with all requirements and conditions of the existing permit (which is protective of the NAAQS) and must demonstrate, where applicable, compliance with NSPS, MACT,

### 108 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis

Standards as listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA under the authority of the FCAA,§111, as amended; (4) the facility meets the requirements of any applicable
emission standard for hazardous air pollutants as listed under Title 40 CFR Part 61, promulgated by EPA under the authority of the FCAA, §112, as amended; and (5) the facility meets the requirements of any applicable
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)). (6) NOT IN SIP. (b) In addition to the requirements in subsection (a) of this section, if
the commission determines it necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements, then: (1) the applicant may be required to submit additional information regarding the emissions from the facility and their impacts on the surrounding area; and (2) the commission shall impose as a condition for renewal only those requirements the executive
director determines to be economically reasonable and technically practicable considering th e age of the facility and the impact of its emissions on the surrounding

area. (c) A compliance history review NESHAP requirements. Therefore, 116.311 satisfies the requirements of 51.160(a).

### 109 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis

must be conducted in accordance with Chapter 60 of this title (relating to Compliance History). (b) Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or
modification if – (1) It will result in a violation of applicable portions of the control strategy; or (2) It will interfere with
attainment or maintenance
of a national standard §116.314. Review Schedule. (a) Renewal of permit. The executive director shall renew a permit and notify the permit holder in writing if it is determined that the facility meets the requirements of this subchapter. (b) Denial of renewal. Prior to denial, the executive director shall provide notice to the permit holder with a report which describes the
basis for denial. (1) If denial is based on failure to meet the requirements of §116.311(a) or (b) of this title (relating to Permit Renewal Application), the report shall
establish a schedule for compliance with the renewal requirements. (A) The report shall be forwarded to the permit
holder no later than 180 days after the commission receives a completed application. (B) The permit shall be renewed if the requirements are met according to the schedule specified in the report. The executive director shall notify the permit holder in writing of the permit renewal. EPA SIP-approved the Permit
Renewal Review Schedule provisions at 30 TAC 116.314 on November 14, 2011 (see 76 FR 70354).

Note 30 TAC 116.314 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that the Texas permit renewal program is SIP-approved with the necessary legally enforceable procedures that enable the TCEQ to protect the NAAQS.

Section 116.314(a) requires that the TCEQ renew the permit if the facility meets the requirements of the Permit Renewal provisions (Chapter 116, Subchapter D). In our November 14, 2011 final rule, EPA SIP-approved the Permit Renewal provisions as consistent with the CAA. Therefore, issuance of a permit renewal consistent with this subchapter will not interfere with
attainment or maintenance of a NAAQS. Section 116.314(b) provides the TCEQ the ability to deny a permit renewal if the existing facility is not in compliance for renewal requirements. (c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such
information on – (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as §116.312. Public Notification and
Comment Procedures. As adopted by TACB August 16, 1993 effective September 13, 1993 (6-31). Approved by EPA March 10, 2006 (71 FR 12285) effective May 9,

2006.

The Executive Director shall mail a written notification to the permit holder within 30 days of receipt of a completed application for permit review and renewal, as determined EPA SIP-approved the renewal public notice provisions on March 10, 2006 (see 71 FR 12285), as adopted by the TCEQ on August 16, 1993. The SIP-approved provisionscross reference the existing SIPapproved public notice provisions at 30 TAC Chapter 116.130, 116.131, 116.132, 116.133, 116.134, 116.136,
and 116.137.

Since our SIP-approval of this 1993 cross-reference language, the TCEQ has adopted and submitted revised

### 110 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis may be necessary to permit the State or local agency to
make the determination referred to in paragraph (a)
of this section. by the Executive Director of the Texas Air Control Board (TACB). The notification will acknowledge receipt of the application and require the applicant to pr ovide public notice of the application for permit renewal according to §116.132 of this title (relating to Public Notice Format) and §116.133 of this title (relating to sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 of this title and §116.133 of this title (relating to Sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 of this title and §116.133 of this title and to public comments in §116.136 of this title (relating to Public Comment Procedures), which apply to proposed construction, proposed facilities, and permit applications shall apply likewise to proposed renewals, existing facilities, and renewal applications. The sign heading required under §116.133(a)(2) of this title shall read

"PROPOSED RENEWAL OF AIR QUALITY PERMIT." When newspaper notices are published in accordance with §116 .132 of this title, the applicant for permit renewal shall furnish a copy of such notices and dates of publication to the TACB in Austin and all local air pollution control agencies with jurisdiction in the county in which the facility is located. Along with such notices furnished to the TACB, the applicant shall certify that the signs required by §116.133 of this title have been posted in accordance with the provisions of that paragraph. public notice procedures for permit
renewals which cross-reference the public notice provisions at 30 TAC Chapter 39 that were adopted and
submitted as a SIP revision in the October 25, 1999 submittal.

The October 25, 1999 submittal of 116.312 states that the applicant will use the Chapter 39 procedures to public notice the renewal application.

Section 39.411(e) provides the requirements for NORI notice text,
which includes the nature and
amount of contaminants and the information about the facility; thus satisfying the requirements at 40 CFR 51.160(c).

### 111 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis

§ 116.312. Public Notification and
Comment Procedures. Adopted September 2, 1999 Submitted as SIP October 25, 1999

The executive director shall mail a written notice to the permit holder within 30 days af ter receipt of a complete application. The notice will confirm receipt of the application and shall require the applicant to provide public notice of the application for permit renewal in accordance with Chap ter 39 of this title (relating to Public Notice).

(d)The procedures must provide that approval of any construction or
modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. §116.115. General and Special
Conditions. (b) General conditions. Holders of permits, special permits, standard permits, and special exemptions shall comply with the following: (2) the following general conditions if the permit or amendment is issued or amended on or after August 16, 1994, regardless of whether they are specifically stated within the permit
document. (H) Compliance with rules. (i) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity
with the TCAA and the conditions precedent to the granting of the permit. (ii) If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance
shall be demonstrated. (iii) Acceptance includes consent to
the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit. EPA SIP-approved the general and special conditions for Chapter 116 permitting on April 2, 2010, as adopted by the TCEQ on August 20, 2003 (see 75 FR 16671).

Note that 30 TAC 116.115 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NSR program is SIPapproved with the necessary legally procedures providing that approval of any construction or modification does not affect the owner/operator’s responsibility to comply with applicable portions of the control
strategy.

Renewing a Chapter 116 permit under the SIP-approved TX NSR program will not change the applicability of 116.115. Therefore, 116.115 continues to satisfy the requirements of 51.160(d).

### 112 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis (e) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to
review. §116.315. Permit Renewal
Submittal. (a) With the exception of subsections (b) and (c) of this section, an application for renewal must be submitted at least six months, but no earlier than 18 months, prior to expiration of the permit or the permit will expire. (b) With executive director approval, the application may be submitted before or after the time period specified in subsection (a) of this
section. (c) A renewal application with appropriate fee may be submitted at
the same time as an amendment application to modify an existing facility as long as it is submitted not more than three years before the permit's expiration date and the amendment is subject to public notice requirements under Texas Health and Safety Code, §382.056,
Notice of Intent to Obtain Permit or Permit Review; Hearing. (d) Any permit issued: (1) before December 1, 1991, is subject for review 15 years after the date of issuance; (2) on or after December 1, 1991, is subject for review every ten years after the date of issuance; or (3) at non-federal sources on or after December 1, 1991, may, for cause, contain a provision requiring renewal between five and ten years. On March 11, 2010, EPA SIPapproved the permit renewal submittal requirements at 30 TAC 116.315 as adopted by the TCEQ on May 7, 2008. See 75 FR 11464.

Note that 30 TAC 116.315 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NSR program is SIPapproved with the necessary provisions to identify when a permit renewal is required.

Therefore, 116.315 continues to satisfy the requirements of 51.160(e).

(f)The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart. (1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). (2) Where an air quality model §116.311. Permit Renewal Application

. Paragraph 116.311(a)(2) is as adopted by TNRCC April 6, 1994 effective May 4, 1994 and approved by EPA March 10, 2006 (71 FR 12285) effective May 9, 2006

Rest of section 116.311 is as adopted by TNRCC August 21, 2002 effective September 12, 2002 Approved by EPA November 14, 2011 (76 FR 70354) effective EPA SIP-approved the Permit Renewal Application provisions for the Texas NSR permit program on March 10, 2006 and November 14,

2011.

Note 30 TAC 116.311 was not
revised or resubmitted with the Texas requirements for public participation for air quality permit applications. This language is provided to demonstrate that theTexas NSR program is SIPapproved with the ability to

### 113 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis specified in appendix W of this part is inappropriate, the model may be modified or another
model substituted. Such a
modification or substitution of amodel may be made on a caseby-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the
Administrator must be obtained for any modification or substitution. In addition, use of
a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in §

51.102. December 14, 2011

Not in SIP: Paragraph 116.311(a)(6)

(a) In order to be granted a permit renewal, the permit holder shall submit information in support of the application which demonstrates that: (1) dockside vessel emissions associated with the 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 and minimization of emissions to the extent possible, consistent with good air pollution practices. (2) The facility is being operated in accordance with all requirements and conditions of the existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously granted renewal. (3) the facility meets the requirements of any applicable
New Source Performance
Standards as listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA under the authority of the FCAA, §111, as amended; (4) the facility meets the requirements of any applicable
emission standard for hazardous air pollutants as listed under Title 40 CFR Part 61, promulgated by EPA under the authority of the FCAA, §112, as amended; and (5) the facility meets the requirements of any applicable
maximum achievable control technology standard as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §1l2 or as listed under Chapter 113, Subchapter C of necessary information to show that the air quality is protected. The permit holder is required to submit data demonstrating compliance with applicable standards. Further, the TCEQ is also authorized at 116.311(b) to require the submission of additional information regarding the source and impact on surrounding areas if deemed

necessary.

### 114 Table IV.F-1: Analysis of the Texas Public Particip ation Requirements for Permit Re newal Applications with the Requirements of 40 CFR 51.160

40 CFR 51.160 Texas Permit Re newal Provisions Analysis this title (relating to National
Emissions Standards for
Hazardous Air Pollutants for Source Categories (FCAA §112, 40 CFR 63)). (6) NOT IN SIP

(b) In addition to the requirements in subsection (a) of this section, if
the commission determines it necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements, then: (1) the applicant may be required to submit additional information regarding the emissions from the facility and their impacts on the surrounding area; and (2) the commission shall impose as a condition for renewal only those requirements the executive
director determines to be economically reasonable and technically practicable considering th e age of the facility and the impact of its emissions on the surrounding

area.

(c) A compliance history review
must be conducted in accordance with Chapter 60 of this title (relating to Compliance History).



### Table IV.F-1 above demonstrates that the public participation requirements specific to permit renewal applications satisfy the fede ral requirements found at 40 CFR 51.160.

Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

(a) The legally enforceable procedures in §51.160 must also require the State or local agency to provide opportunity for public
comment on information submitted by owners and operators. The public
information must include the § 116.312. Public Notification and
Comment Procedures. Adopted September 2, 1999 Submitted as SIP October 25, 1999

The executive director shall mail a written notice to the permit holder There are no federal requirements for Title I permit renewals or public notice of Title I permit renewals. Therefore, any public notice requirements for permit renewal applications adopted by the TCEQ and approved into the Texas SIP by

### 115 Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

agency's analysis of the effect of
construction or modification on ambient air quality, including the agency's proposed approval or disapproval. within 30 days af ter receipt of a complete application. The notice will confirm receipt of the application and shall require the applicant to provide public notice of the application for permit renewal in accordance with Chap ter 39 of this title (relating to Public Notice).

§ 39.405. General Notice
Provisions. (g) Copy of application. The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located.

... The copy of the application must comply with the following. (a) A copy of the administratively complete application must be
available for review and copying beginning on the first day of newspaper publication of NORI and
remain available for the publications’ designated comment period. (b) A copy of the complete application (including any subsequent revisions to the application) and ED’s preliminary decision must
be available for review and copying beginning on the first day of newspaper publication required by this
section and remain available
until the commission has
taken action on the application or the
commission refers issues to

SOAH.

§ 55.152. Public Comment Period

(a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 EPA are more stringent than federal requirements.

Section 116.312 as submitted on October 25, 1999 as a SIP revision requires public notification of permit renewal applications to go through the Chapter 39 process.

Section 39.405 requires that the application, subsequent revisions to the application, the ED’s preliminary analysis, and the air quality analysis be made available for public review and comment.

Section 55.152 provides at least a 15-day comment period following the last publication of the NORI for permit renewal applications, unless a NAPD is required and then the comment period is 30 days after the last publication of the NAPD.

Section 39.405 satisfies the requirements at § 51.161(a) for
which materials are made available for public comment for permit renewal applications.

Section 55.152 ensures that the public is provided the opportunity to comment on permit renewal applications consistent with § 51.161(a).

30 TAC Sections 39.405, 55.152, and 116.312 satisfy the requirements of 40 CFR 51.161(a) with respect to permit renewal applications.

### 116 Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD if a second notice is required, for an air quality permit application not otherwise specified in this
section. (2) 15 days after the last publication of Notice of Receipt of Application and Intent to Obtain Permit under §39.418 of this title, or 30 days after Notice of Application and Preliminary
Decision if a s econd notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) or a concrete batch plant
without enhanced controls authorized by a air quality standard permit adopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project

(b) For purposes of paragraph (a) of this section, opportunity for public comment shall include, as a
minimum— (1) Availability for public inspection in at least one
location in the area affected of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality;  39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed
location.

 39.405(g)(1) requires the applicant to make available for review the administratively complete application.

 39.405(g)(2) requires the applicant to make available for review the complete application, any subsequently submitted materials, and the ED’s preliminary decision.

 39.405(g)(3) requires the Section 39.405 satisfies the requirements at § 51.161(b)(1) for public inspection in at least one
location in the affected area of the information submitted by the owner/operator and the ED’s preliminary decision. In the event a NAPD is required, the air quality analysis will also be made available
for review. The NAPD is not required for all permit renewals, so the air quality analysis is not required to be made available for all permit renewals. However, there are no federal requirements for the renewal of Title I permits. When

### 117 Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule, June 24, 2010, if NAPD is required EPA granted SIP-approval of the TX Chapter 116 permit renewal program, we did so as a requirement that was more stringent than federal requirements. Accord ingly, there are no federal requirements for public participation of a permit renewal.

Section 39.405(g) satisfies 40 CFR 51.161(b)(1) with respect to permit renewal applications. (2) A 30-day period for submittal of public comment;
and 55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (2) 15 days after the last publication of Notice of Receipt of Application and Intent to Obtain Permit under §39.418 of this title, or 30 days after Notice of Application and Preliminary
Decision if a s econd notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) or a concrete batch plant
without enhanced controls authorized by a air quality standard permit adopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project Section 55.152(a)(2) provides for a 15-day comment period on permit renewal applications.

There are no federal requirements for the renewal of Title I permits, and consequently no federal requirements for the public notice of Title I permit renewals. When EPA granted SIP-approval of the TX Chapter 116 permit renewal program, we did so as a requirement that was more stringent than federal requirements. Accord ingly, there are no federal requirements for public participation of a permit renewal. Providing 15 day notice is more stringent than federal requirements, provides the public opportunity to review the documentation. And, if a public hearing is requested, the comment period will extend to the close of the public meeting based on
30 TAC 55.152 and 55.154 provisions.

(3) A notice by prominent
advertisement in the area
affected of the location of the source information and analysis specified in paragraph (b)(1) of
this section. § 39.418 Notice of Receipt of Application and Intent to Obtain a
Permit (c) For air quality permit applications, except applications for plant-wide applicability permits under Chapter 116, Subchapter C of Permit renewal applications are generally only subject to the requirements for NORI publication, and therefore would be subject to requirements at 39.603(a) and (c).

Subchapter K provides requirements for Mailed Notice, Newspaper

### 118 Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

this title, the applicant shall provide notice as specified in Subchapter K of this chapter. Specifically publication in the newspaper must follow the requirements under § 39.603 of this title, sign posting must follow the requirements under § 39.604 of this title, and the
chief clerk shall mail notice according to § 39.602 of this title. The applicant shall also follow the requirements as applicable under § 39.405(h) of
this title.

§ 39.603 Newspaper Notice (a) Notice of Receipt of Application and Intent to Obtain Permit under § 39.418 of this title is required to be published no later than 30 days
after the executive director declares an application administratively complete. This
notice must contain text as required by § 39.411(e).

... (c) General newspaper notice. Unless otherwise specified, when this chapter requires published notice of an air quality permit application, the applicant shall publish notice in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed
location. publication, and sign posting.

Newspaper notice is the traditional vehicle used by EPA to prominently advertise a proposed source. Section 39.603(c) requires publication in a newspaper of general circulation in the municipality in which the facility is located or proposed to be located, or in the municipality nearest the location or proposed location. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required material. Section 39.603 satisfies the prominent advertisement requirements of 51.161(b)(3).

(c) Where the 30-day comment period required in paragraph (b) of
this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (2) 15 days after the last publication of the NORI, or 30 days after NAPD if a Permit renewal applications are afforded a 15 day public notice after the last day of the NORI publication. In the event a second notice (NAPD) is required then the comment period will be 30 days after the publication of the NAPD.

40 CFR 51.161(c) is not applicable to public notice for Title I permit renewal applications.

### 119 Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

second notice is required for a permit renewal under Chapter 116 or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted under Chapter 116, subchapter F, unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project;

(d) A copy of the notice required by paragraph (b) of this section must
also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified
installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2). 39.605. Notice to Affected Agencies.

In addition to the requirements in § 39.405(f)(3) of this title:

(1) When newspaper notices are published under this section, the applicant shall furnish a copy of the notices and
affidavit to: (A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county in
which the construction is to

occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by the
emissions from the new or modified facility; and (D). If notice is for an application filed on or after
the effective date of this
section for a PSD or NNSR permit, the chief executives of the city and county
where the source would be located, and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from
the source or modification. (2) When sign posting is required under this section, the applicant For air quality permits, Section 39.605 requires that copies of newspaper notices and sign posting verification be sent to the R6 RA, state and location air pollution control agencies, and Federal or State Land Managers or Indian Governing Body.

Section 39.605 satisfies 40 CFR 51.161(d) for permit renewal applications.

### 120 Table IV.F-2: Analysis of the Texa s Public Participation Requirements for Permit Renewal Applications with the Requirements of 40 CFR 51.161

40 CFR 51.161 Texas Public Participation
Provisions Analysis

shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under § 39.418

to: (A). The chief clerk; (B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C).



### Table IV.F-2 above demonstrates that the public participation requirements specific to permit renewal applications satisfy the fede ral requirements found at 40 CFR 51.161.

Note that the applicant is legally responsible for the publi cation of the NORI and NAPD, using the specific notice text provide d through regulations by the TCEQ. The applicant is also legally responsible for providing copies of the public notice documents to th e EPA Regional Office, local air pollution control agencies with juri sdiction in the county, and air pollution control agencies of nearby states that may be impacted by the proposed new source or modification. The submitted Texas public participation rules establis h that the applicant, rather than the State permitting authority, is the legally responsible pa rty for satisfying the public notice requirements for permit renewal applications. The applicant is required to follow the Texas public notice regulations, which specify the text for the notice documents and specify the additional agencies
that will receive notice. It is recommended that EPA publish a pr oposed approval finding that the submitted Texas public participa tion regulations identifying th e applicant as the legally responsible party meet the requirements to provide opportunity for public comment and for information availability at 40 CFR 51.161.

The section-by-section analysis provided in Tables IV.F-1 and F-2 of the federal public participation requirements with th e corresponding Texas re quirements for public participation of permit renewal applications has shown that the Texas program satisfies all federal requirements for public notice for renewal applications. It is recommended that EPA publish a proposed approval of the Texas public participation program for permit renewal applications.

3. Does the Current Public Participation SIP Submittal Satisfy the Concerns Identified in EPA’s Proposed LA/LD?

EPA’s November 26, 2008, proposed limited approval /limited disapproval of the Texas Public Participation program for air quality permits di d not identify any concer ns specific to public notice of permit renewal applications.

### 121 4. Findings for Public Participation for Permit Renewal Applications

The analysis presented above demonstrates th at the public notice process for permit renewal applications satisfies the federal requireme nts for public notice found at 40 CFR 51.160 and 51.161 and is consistent with the requirements at section 110(a)(2)(C) of the Act to provide continued implementation and enforcement of the NSR SIP permitting program. EPA did not identify any renewal-specific deficienci es in our November 26, 2008 proposed limited approval/limited disapproval. Theref ore, it is recommended that we propose full approval of the Texas public notice provisions for permit renewal applications submitted on July 22, 1998; October 25, 1999; and July 2, 2010.

### 122 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

G. Evaluation of Revisions to Chapter 39

1. What Sections are before us for review?

On July 2, 2010, the TCEQ withdrew from our c onsideration the sections of 30 TAC Chapter 39 that were submitted on October 25, 1999, July 31, 2002 and March 9, 2006. The exception to that is section 39.411(a) submitted in 1999 and se ction 39.418(b)(4) adopted in 1999 and that is now listed as 39.418(b)(3). Sections 39.411(a) and 39.418( b)(3) remain in front of us for review.

Also on July 2, 2010, the TCEQ adopted and submitted the following sections of 30 TAC Chapter 39 as revisions to the Te xas SIP for public participation:

 39.402(a)(1) – (6), (8), and (10) – (12)

 39.405(f)(3) and (g), (h)(1)(A) – (4), (6), (8) – (1 1), (i) and (j)

 39.407

 39.409

 39.411(e)(1) – (4)(A)(i) and (iii), (4)(B), (5)(A) and (B), (6) – (10), (11)(A)(i) and (iii) and (iv), (11)(B) – (F), (13) and (15), and (f)(1) – (8), (g) and (h)

 39.418(a), (b)(2)(A) and (c)

 39.419(e)

 39.420(c)(1)(A) – (D)(i)(I) and (II), (D )(ii), (c)(2), (d) – (e), and (h)

 39.601

 39.602

 39.603

 39.604

 39.605

 The TCEQ also submitted 30 TAC 39.407 as part of the July 2, 2010 public participation package.

2. There are no sections of 30 TAC Chapter 39 currently approved in to the Texas SIP.Therefore, the following table will identify the exact provisions submitted for SIPapproval on July 2, 2010. As discussed above there are two provisions, sections 39.411(a) and 39.418(b)(3), that were originally adopted and submitted in 1999. These sections are
identified below with the correct dates. All other entries are from the June 2, 2010 adoption and corresponding July 2, 2010 submittal package.

Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

§ 39.402. Applicability to Air Quality Permits and Permit Amendments (a) As specified in those subchapters, Subchapters H and K of this chapter (relating to Applicability and General Provisions; and Public Notice of Air Quality Permit Applications, respectively) apply to applications for: Section 39.402(a) is approvable. This section establishes applicability of the Chapter 39 public participation requirements.

### 123 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

1) new air quality permits under Chapter 116, Subchapter B of this title (relating to New Source Review Permits); Section 39.402(a)(1) is approvable. This section establishes applicability of the public participation requirements for applications for new minor sources or
minor modifications. 2) a new major source or a major modification for facilities subject to the requirements of Chapter 116, Subchapter B, Division 5 or 6 of this title (relating to New Source Review Permits, Nonattainrnent Review Permits and Prevention of Significant Deterioration Permits); Section 39.402(a)(2) is approvable. This section establishes applicability of the public participation requirements for PSD and NNSR subj ect sources and
modifications. 3) air quality permit amendments under Chapter 11 6,Subchapter
B of this title when the amendment involves: Section 39.402(a)(3)(A) – (D) is approvable. This section establishes applicability of the public participation requirements for applications for permit amendments. This section provides clear and replicable cr iteria for which amendments will receive public notice. As explained previously in section IV.E of this TSD, this is a strengthening of the existing SIP language, which only requires public notice for amendment applications at the discretion of the TCEQ Executive Director. (A). a change in character of emissions or release of an air contaminant not previously authorized under the permit; (B). a facility not affected by TH SC, §382.020, where the total
emissions increase from all facilities to be authorized under the amended permit exceeds public notice de

minimis levels by being greater than any of the following
levels:

(i). 50 tpy of carbon monoxide (CO); (ii). ten tpy of sulfur dioxide (SO,); (iii). 0.6 tons per year (tpy) of lead; or (iv). five tpy of nitrogen oxides (NOx), volatile organic compounds (VOC), particulate matter (PM), or any other air co ntaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (C). a facility affected by THSC, §382.020, where the total
emissions increase from all facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following
levels:

(i). 250 tpy of CO or NOx; (ii). 25 tpy of VOC, SO, PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (iii). a new major stationary source or major modification threshold as defined in §116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions); or (iv). a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or (D). other amendments when the execu tive director determines that: (i). there is a reasonable likelihood for emissions to impact a nearby sensitive receptor;

### 124 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(ii). there is a reasonable likelihood of high nuisance potential from the operation of the facilities; (iii). the application involves a facility in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance History); or (iv). there is a reasonable likelihood of significant public interest in a proposed activity; 4) new air quality flexible permits under Chapter 116, Subchapter G of this title (relating to Flexible Permits); EPA is severing and taking no action on sections 39.402(a)(4) and (a)(5) as submitted July 2, 2010.

EPA finds it appropriate to sever and
take no action on these Flexible Permit provisions because the Flexible Permits Program is not currently in the Texas SIP. We disapproved the Flexible Permits Program on July 15, 2010 (75 FR 41312). EPA’s disapproval was remanded for further action on August 13, 2012. State of Texas, et al. v. EPA

, Case No. 10-60614 (5 th Circuit, Aug. 13, 2012). TCEQ has revised its rules for the Flexible Permits Prog ram, but the State has not yet submitted those revised rules. If TCEQ submits revised rules for the Flexible Permits Program in the near future, EPA will analyze the public notice provisions for Flexible Permits
when we take action on that submittal. Alternatively, EPA will analyze and act on the public notice provisions for
Flexible Permits when we address the Flexible Permits Program submittal that is in front of us for SIP approval. 5) air quality permit amendments to flexible permits under Chapter 116, Subchapter G of this title when the amendment involves: (A). change in character of emi ssions or release of an air contaminant not previously authorized under the permit; (B). a facility not affected by TH SC, §382.020, where the total
emissions increase from all facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the following levels: (i). 50 tpy of carbon monoxide (CO); (ii). ten tpy of sulfur dioxide (SO,); (iii). 0.6 tons per year (tpy) of lead; or (iv). five tpy of nitrogen oxides (N0x), volatile organic compounds (VOC), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (C). a facility affected by THSC, §382.020, where the total
emissions increase from all facilities to be authorized under the amended permit exceeds signi ficant levels for public notice by being greater than any of the following levels:

(i). 250 tpy of CO or NOx; (ii). 25 tpy of VOC, SO, PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (iii). a new major stationary source or major modification threshold as defined in §116.12 of this title; or (iv). a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or (D). other amendments when the executive director determines
that:

(i). there is a reasonable likelihood for emissions to impact a nearby sensitive receptor; (ii). there is a reasonable likelihood of high nuisance potential from the operation of the facilities; (iii). the application involves a facility in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title; or

### 125 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(iv). there is a reasonable likelihood of significant public interest in a proposed activity; 6) renewal of air quality permits under Chapter 116, Subchapter D of this title (relating to Permit Renewals); Section 39.402(a)(6) is approvable and establishes applicability of the public participation requirements for air quality permit renewal applications. 8) applications for the establishment or renewal of, or an increase in, a plant-wide applicability limit perm it under Chapter 116, Subchapter C of this title (relating to Plant-Wide Applicability Limits). Section 39.402(a)(8) is approvable and establishes applicability of the public participation requirements for PAL applications. 10) applications for permits, registrations, licenses, or other type of authorization required to constr uct, operate, or authorize a component of the FutureGen project as defined in §91.30 of this title (relating to Definitions), submitted on or before January 1, 2018, are subject to the public notice requirements of Chapter 91 of this title (relating to Alternative Public Notice and Public Participation Requirements for Specific Designated Facilities) in addition to the requirements of this chapter, unless otherwise specified in Chapter 91 of this title. EPA is severing and taking no action on section 39.402(a)(10) as submitted July 2, 2010.

Section 39.402(a)(10) establishes applicability of public notice provisions for applications for permits, registrations, licenses, or other types of authorizations required to construct, operate or authorize a component of the FutureGen. EPA finds it appropriate to
sever and take no action on the Future Gen public notice prov isions because we have not yet acted on the underlying Future Gen permit rules. We will review and analyze the public notice provisions
for Future Gen when we take action on the permit program. 11) concrete batch plants without enhanced controls authorized by an air quality standard permit a dopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; and Section 39.402(a)(11) is approvable. This section establishes applicability of the public participation provisions for air quality permits for concrete batch plants
without enhanced controls. 12) change of location or relocation of a portable facility, consistent with the requirements of §116.178 of this title (relating to Relocations and Changes of Location of Portable Facilities). EPA is severing and taking no action on section 39.402(a)(12).

Section 39.402(a)(12) establishes public participation provisions pertaining to change of location of a portable facility, consistent with the requirements of 30 TAC § 116.178. EPA has not taken action on the underlying permit provisions for the Relocations and Changes of Location of Portable Facilities. We will analyze the public notice provisions for change of location of portable facilities when we take action on the underlying permit provisions at §

116.178. § 39.405. General Notice Provisions

### 126 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(f) Published notice. When this chapter requires notice to be published
under this subsection: 3) air quality permit applications required by Subchapters H and K of this chapter (relating to Applicability and General Provisions and Public Notice of Air Quality Permit Applications, respectively) to publish notice shall comply with the requirements of §39.603 of this title (relating to Newspaper Notice). Section 39.405(f)(3) establishes that public notice must comply with the requirements for newspaper notice at
section 39.603.

Section 39.405(f)(3) is necessary to meet the prominent advertisement requirements in 40 CFR 51.160, 51.161
and 51.166.

Section 39.405(f)(3) is approvable. (g) Copy of application. The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located. If the application is submitted with confidential information marked as confidential by the applicant, the applicant shall indicate in the public file that there is additiona l information in a confidential file. The copy of the application must comply with the following. 1) A copy of the administratively complete application must be available for review and copying beginning on the first day of newspaper publication of Notice of Receipt of Application and
Intent to Obtain Permit and remain available for the publications' designated comment period. 2) A copy of the complete application (including any subsequent revisions to the application) and executive director's preliminary decision must be available for review and copying beginning on the first day of newspaper publication required by
this section and remain available until the commission has taken action on the application or the commission refers issues to State Office of Administrative Hearings; and 3) where applicable, for air quality permit applications filed on or after the effective date of this section, the applicant shall also make available the executive director's draft permit, preliminary determination summary and air quality analysis for review and copying beginning on the first day of newspaper publication required by §39.419 of this title (relating to Notice of Application and Preliminary Decision) and remain available until the commission has taken action on the application or the
commission refers issues to St ate Office of Administrative Hearings. Section 39.405(g)(1)-(3) satisfies the requirements of 40 CFR 51.160, 51.161, and 51.166 for the type of information the applicant must provide and how the
information must be made available to the public.

Sections 39.405(g)(1)-(3) are approvable.

### 127 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(h) Alternative language newspaper notice. 1) Applicability. The following are subject to this subsection: (A). Air quality permit applications that are declared administratively complete by th e executive director on or after September 1, 1999, are subject to this subsection; and (B). Permit applications other than air quality permit applications that are required to comply with §39.418 or §39.419 of this title (relati ng to Notice of Receipt of Application and Intent to Obtain Permit; and Notice of Application and Preliminary Deci sion) that are filed on or after November 30, 2005 are subject to the requirements of
this subsection. 2) This subsection applies whenever notice is required to be published under §39.418 or §39.419 of this title, and either the elementary or middle school nearest to the facility or proposed facility is required to provide a bilingual education program as required by Texas Education Code, Chapter 29, Subchapter B, and 19 TAC §89.1205(a) (relating to Required Bilingual Education and English as a Se cond Language Programs) and one of the following conditions is met: (A). students are enrolled in a program at that school; (B). students from that school attend a bilingual education program at another location; or (C). the school that otherwise would be required to provide a bilingual education program has been granted an exception from the requirements to provide the program as provided for in 19 TAC §89.1207(a) (relating to Exceptions and Waivers). 3) Elementary or middle schools that offer English as a second language under 19 TAC §89.1205(e), and are not otherwise affected by 19 TAC §89.12 05(a), will not trigger the requirements of this subsection. 4) The notice must be published in a newspaper or publication that is published primarily in the alternative languages in which the bilingual education program is or would have been taught, and the notice must be in those languages.

Continued in next row of table... There are no federal requirements for alternative language newspaper notice for public notice of air permit applications. However, EPA previously approved alternative language newspaper notice provisions in section 116.132(c). The provisions at 39.405(h) are substantively identical to the existing SIP requirements and apply to permit applications deemed administratively complete after September 1, 1999. Therefore, there is no backsliding of sign-posting requirements.

Section 39.405(h) is approvable as a SIP strengthening measur e that provides additional public notice beyond federal requirements.

EPA is severing from our action section 39.405(h)(1)(B) because it applies to permit applications other than air quality permit applications, which are beyond the scope of the Texas SIP.

### 128 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(h) Alternative language newspaper notice. [CONTINUED]

6) For notice required to be published in a newspaper or publication under §39.603 of this title, relating to air quality permits, the newspaper or publication must be of general circulation in the municipality or county in which the facility is located or is proposed to be located, and the notice must be published as follows. (A). One notice must be published in the public notice section of the newspaper and must comply with the applicable portions of §39.41l of this title (relating to Text of Public Notice). (B). Another notice with a total size of at least six column inches, with a vertical dimension of at least three inches and a horizontal dimension of at least two column widths, or a size of at least 12 square inches, must be published in a prominent location elsewhere in the same issue of the newspaper. This notice must contain the following
information: (i). permit application number; (ii). company name; (iii). type of facility; (iv). description of the location of the facility; and (v). a note that additional information is in the public
notice section of the same issue. 8) The requirements of this subsection are waived for each language in which no publication exists, or if the publisher’s of all alternative language publications refuse to publish the notice. If the alternative language publication is published less frequently than once a month, this notice requirement may be waived by the executive dire ctor on a case-by-case basis. 9) Notice under this subsection will only be required to be published within the United States. 10) Each alternative language publication must follow the requirements of this chapter th at are consistent with this
subsection. 11) If a waiver is received under this subsection on an air quality permit application, the applicant shall complete a verification and submit it as required under §39.605(3) of this title (relating
to Notice to Affected Agencies). If a waiver is received under this subsection on a waste or water quality application, the applicant shall complete a verification and submit it to the chief
clerk and the executive director. There are no federal requirements for alternative language newspaper notice for public notice of air permit applications. However, EPA previously approved alternative language newspaper notice provisions in section 116.132(c). The provisions at 39.405(h) are substantively identical to the existing SIP requirements and apply to permit applications deemed administratively complete after September 1, 1999. Therefore, there is no backsliding of sign-posting requirements.

Section 39.405(h) is approvable as a SIP strengthening measur e that provides additional public notice beyond federal requirements.

EPA is severing from our action section 39.405(h)(1)(B) because it applies to permit applications other than air quality permit applications, which are beyond the scope of the Texas SIP.

### 129 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(i) Failure to publish notice of air quality permit applications. If the chief clerk prepares a newspape r notice that is required by Subchapters H and K of this chapter for air quality permit applications and the applicant does not cause the notice to be published within 45 days of mailing of the notice from the chief clerk, or, for Notice of Receipt of Application and Intent to Obtain Permit, within 30 days after the executive director declares the application administratively complete, or fails to submit the copies of notices or affidavit required in subsection (j) of this section, the executive director may cause one of the following actions to occur. 1) The chief clerk may cause the no tice to be published and the applicant shall reimburse the agen cy for the cost of publication. 2) The executive director may su spend further processing or return the application. If the application is resubmitted within six months of the date of the return of the application, it will be exempt from any applica tion fee requirements. There are no specific federal requirements that are comparable to those found in section 39.405(i) for failure to publish notice of air quality permit applications. However, the EPA
finds that this section is an essential element for the implementation of the Texas air permit application public notice process and th erefore strengthens the SIP by providing assurance that notice will be published timely – either by the applicant or the TCEQ.

Section 39.405(i) is approvable.

(j) Notice and affidavit for air quality permit applications. When Subchapters H and K of this chapte r require an applicant for an air quality permit action to publish notice, the applicant must file a copy of the published notice and a publisher's affidavit with the chief clerk certifying facts that constitute compliance with the requirement. The deadline to file a copy of the published notice which shows the date of publication and the name of the newspaper is ten business days after the last date of publication. The deadline to file the affidavit is 30 calendar days after the last date of publication for each notice. Filing an affidavit certifying facts that constitute compliance with notice requirements creates a rebuttable presumption of compliance with the requirement to publish notice. When the chief clerk publishes notice under subsection (i) of this section, the chief clerk shall file a copy of the published notice and a publisher's affidavit. Section 39.405(j) is a necessary element of the Texas air permit public notice process because it provides for verification that public notice has been published consistent with the requirements in Chapter 39.

Section 39.405(j) is approvable as consistent with 40 CFR 51.160, 51.161
and 51.166.

§ 39.407. Mailing Lists. The chief clerk shall maintain mailing lists of persons requesting notice of an application. Persons, including participants in past agency permit proceedings, may request in writing to be on a mailing list. The chief clerk may from time to time request confirmation that persons on a list wish to remain on the list, and may delete from the list the name of any person who fails to respond to such request. Section 39.407 is a necessary element of the Texas air permit public notice process because it establishes that the TCEQ will maintain a mailing list of interested persons for air quality permit
actions.

Section 39.407 is approvable as consistent with 40 CFR 51.160, 51.161
and 51.166. § 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. Notice given under this chapter will specify any applicable deadline to file public comment specified under §55.152 of this title (relating to Public Comment Period) and, if applicable, any deadlines to file requests for reconsideration, cont ested case hearing, or notice and comment hearing. After th e deadline, final action on an application may be taken under Chapter 50 of this title (relating to Action on Applications and Other Authorizations). Section 39.409 is a necessary element of the Texas air permit public notice process because it requires the notice to clearly identify the end of the public comment period.

Section 39.409 is approvable as consistent with 40 CFR 51.160, 51.161
and 51.166.

### 130 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

The submitted language at Section
39.409 references the Texas Contested Case Hearing (CCH) process and 30 TAC Chapter 50 provisions. Neither the CCH Process or Chapter 50 have been submitted for SIP review; therefore they are beyond the scope of our review. However, we are approving the references to the CCH process and Chapter 50 in section 39.409 because inclusion of notice of these processes will assist the public in their review. TCEQ’s use of the CCH Process and Chapter 50 in this instance does not incorporate either CCH or the provisions of Chapter 50 into the Texas SIP. §39.411. Text of Public Notice. Adopted by the TCEQ on September 2, 1999 Submitted for SIP approval on October 25, 1999 (a) Applicants shall use notice text provided and approved by the agency. The executive di rector may approve changes to notice text before notice being given. Section 39.411(a) is approvable. This section requires the applicant to use the notice text provided by the TCEQ.

Section 39.411(a) does provide that the TCEQ executive director may approve changes to the notice text before publication, but it is incumbent upon the ED to only approve changes consistent with federal requirements of 40 CFR 51.160, 51.161 and 51.166.

See Sections IV.B-F for a discussion of
how section 39.411 satisfies minimum federal requirements for the text of the public notice for each type of permit application.

Section 39.411(a) is approvable. §39.411. Text of Public Notice. (e) When Notice of Receipt of Applica tion and Intent to Obtain Permit by publication or by mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the notice
must include the information in this subsection. Sections 39.411(e)(1)-(3) satisfies requirements at 51.160 to identify the
information that must be submitted for each application so that the permitting authority can ensure protection of the NAAQS.

Sections 39.411(e)(1)-(3) are approvable. 1) the name and address of the agency and the telephone number of an agency contact from whom interested persons may obtain further information; 2) the name, address, and telephone number of the applicant and a description of the manner in which a person may contact the applicant for further information; 3) a brief description of the location and nature of the proposed activity; 4) a brief description of public comment procedures, including: (A). a statement that the executive director will respond to: Sections 39.411(e)( 4)(A)(i) and (iii), (4)(B) and (5)(A) and (B) satisfy the

### 131 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(i). all comments regarding applications for Prevention of Significant Deterioration and Nonattainment permits under Chapter 116, Subchapter B of this title (relating to New Source Review Permits) and Plant-wide Applicability Limit permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) filed on or after the effective date of this section; (iii). for all other air quality permit applications, comments raising issues that are relevant and material or otherwise significant; and (B). a statement in the notice for any air quality permit application for which there is an opportunity for a contested case hearing, that only disputed factual issues
that are relevant and material to the commission's decision that are raised during the comment period can be considered if a contested case hearing is granted; requirements at 40 CFR 51.160, 51.161 and 51.166 for to clearly identify the public comment procedures to ensure the permitting authority and public know how to accept and provide timely

comments.

Sections 39.411(e)( 4)(A)(i) and (iii), (4)(B) and (5)(A) and (B) are approvable.

5) a brief description of procedures by which the public may participate in the final permit decision and, if applicable, how to request a public meeting, contested case hearing,
reconsideration of the executiv e director's decision, a notice and comment hearing, or a statement that later notice will describe procedures for public participation, printed in a font style or size that clearly provid es emphasis and distinguishes it
from the remainder of the noti ce. Where applicable, the notice should include a statement that a public meeting will be held by
the executive director if re quested by a member of the legislature who represents the general area where the facility is to be located if there is substantial public interest in the proposed activity when requested by any interested person for the following applications that ar e filed on or after the effective
date of this section: (A). air quality permit applications subject to the requirements for Prevention of Significant Deterioration and Nonattainment in Chapter 116, Subchapter B of this title; (B). applications for the establishment or renewal of, or an increase in, a plant-wide applicability limit subject to Chapter 116 of this title; and 6) the application or permit number; Section 39.411(e)(6) requires relevant information to be submitted by the permit applicant consistent with 40 CFR 51.160, 51.161 and 51.166.

Section 39.411(e)(6) is approvable. 7) if applicable, a statement that the application or requested action is subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies; Section 39.411(e)(7) requires relevant information that must be considered by the TCEQ to be submitted by the permit applicant consistent with 40 CFR 51.160, 51.161 and 51.166.

### 132 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

Section 39.411(e)(7) is approvable. 8) the location, at a public place in the county in which the facility is located or proposed to be located, at which a copy of the application is available for review and copying; Section 39.411(e)(8) requires the public notice to identify the location where
information is available for review consistent with 40 CFR 51.160, 51.161
and 51.166.

Section 39.411(e)(8) is approvable. 9) a description of the procedure by which a person may be placed on a mailing list in order to receive additional information about the application; Section 39.411(e)(9) establishes procedures for the implementation of the Texas public participation process through mailing lists. The mailing lists will provide for more outreach and greater dissemination of information.

Section 39.411(e)(9) is approvable. 10) at a minimum, a listing of criteria pollutants for which authorization is sought in the application which are regulated under national ambient air quality standards (NAAQS) or under state standards in Chapters Ill, 112, 113, 115, and 117of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter, Control of Air Pollution from Sulfur Compounds, Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants, Control of Air Pollution from Volatile Organic Compounds, and Control of Air Pollution from Nitrogen Compounds); Section 39.411(e)(10) requires relevant information that must be considered by the TCEQ to be submitted by the permit applicant consistent with 40 CFR 51.160, 51.161 and 51.166.

Section 39.411(e)(7) is approvable.

11) If notice is for any air quality permit application except those listed in paragraph (12) of this subsection, the following information must be printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of
the notice: (A). a statement that a person who may be affected by emissions of air contaminants from the facility or proposed facility is entitled to request a contested case hearing from the commission within the following specified time periods; (i). for air quality permit applications subject to the requirements for Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, Subchapter B of this title a statement that a request for a contested case hearing must be received by the commission by the end of the comment period or within 30 days after the mailing of the executive director's response to comments; (iii). for renewals of air quality permits that would not
result in an increase in allowable emissions and would
not result in the emission of an air contaminant not previously emitted and the application does not involve a facility for which the applicant's compliance history is in the lowest classification under Texas Sections 39.411(e)(11)(A)(i), (iii) and (iv) establish the notice text requirements that must be used to notify the public about the Texas Contested Case Hearing Process and the comment period deadlines. The Texas Contested Case Hearing process under 30 TAC Chapter 80 is not part of the Texas SIP,
nor has it been submitted for SIP review. However, EPA finds that prominent advertisement via newspaper of the process for requesting a CCH, the necessary timing of such a request, and notification when an application is referred to CCH strengthens the SIP and affords the public more information about a specific action. TCEQ’s use of
the CCH Process in this instance does not incorporate CCH into the Texas SIP.

Sections 39.411(e)(11)(A)(i), (iii) and (iv) are approvable.

### 133 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance History), a statement that a request for a contested case hearing must be received by the commission
before the close of the 15-day comment period provided in response to the last publication of Notice of Receipt of Application an d Intent to Obtain Permit;

or (iv). for all air quality permit applications other than those in clauses (i) - (iii) of th is subparagraph, a statement that a request for a contested case hearing must be received by the commission befo re the close of the 30- day comment period provided in response to the last publication of Notice of Receipt of Application and Intent to Obtain Permit. If no hearing requests are received by the end of th e 30-day comment period following the last publicatio n of Notice of Receipt of Application and Intent to Obtain Permit, there is no further opportunity to request a contested case hearing. If any hearing requests are received before the close of the 30-day co mment period following the last publication of Notice of Receipt of Application and Intent to Obtain Permit, the opportunity to file a request for a contested case hearing is extended to 30 days after the mailing of the executive director's
response to comments; 11) If notice is for any air quality permit application except those listed in paragraph (12) of this subsection, the following information must be printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of
the notice: [ NOTE subparagraph (11) is repeated for clarity ] (B). a statement that a request for a contested case hearing must be received by the commission; (C). a statement that a contested case hearing request must include the requester's location relative to the proposed facility or activity; (D). a statement that a contested case hearing request should include a description of how the requestor will be adversely affected by the proposed facility or activity in a manner not common to the general public, including a description of the requestor's uses of property which may be impacted by the proposed facility or activity; (E). a statement that only relevant and material issues raised during the comment period can be considered if a contested case hearing request is granted; and (F). if notice is for air quality permit applications described in subparagraph (A)(iv) of this paragraph, a statement that when no hearing requests are timely received the applicant shall publish a Notice of Application and Preliminary Decision that provides an op portunity for public comment and to request a public meeting. Sections 39.411(e)(11)(B) – (F), and 39.411(e)(13) establish the notice text requirements that must be used to notify the public about the Texas Contested Case Hearing Process and the comment period deadlines. The Texas Contested Case Hearing process under 30 TAC Chapter 80 is not part of the Texas SIP,
nor has it been submitted for SIP review. However, EPA finds that prominent advertisement via newspaper of the process for requesting a CCH, the necessary timing of such a request, and notification when an application is referred to CCH strengthens the SIP and affords the public more information about a specific action. TCEQ’s use of
the CCH Process in this instance does not incorporate CCH into the Texas SIP.

Sections 39.411(e)(11)(B) – (F) and 39.411(e)(13) are approvable.

### 134 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

13) notification that a person residing within 440 yards of a concrete batch plant without enhanced controls under a standard permit adopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits) is an affected person who is entitled to request a contested case hearing; 15) any additional information required by the executive director or needed to satisfy federal public notice requirements. Section 39.411(e)(15) provides the TCEQ the authority to require public notice of any additional information deemed necessary to satisfy federal requirements at 40 CFR 51.160, 51.161
and 51.166.

Section 39.411(e)(15) is approvable. (f) The chief clerk shall mail Notice of Application and Preliminary Decision to those listed in §39.60 2 of this title (relating to Mailed Notice). When notice of applicati on and preliminary decision by publication or by mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the notice
must include the information in this subsection: 1) the information required by subsection (e) of this section; 2) a summary of the executive direct or's preliminary decision and
whether the executive director has prepared a draft permit; 3) the location, at a public place in the county with internet access in which the facility is located or proposed to be located, at which a copy of the complete application and the executive director's draft permit and prel iminary decision are available for review and copying; 4) a brief description of public comment procedures, including a description of the manner in which comments regarding the executive director's draft perm it and preliminary decision, preliminary determination summary, and air quality analysis may be submitted, or a statem ent in the notice for any air quality permit application for which there is an opportunity for contested case hearing, that only relevant and material issues raised during the comment period can be considered if a contested case hearing is gr anted. The public comment procedures must be printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of the notice; 5) the deadline to file comments or request a public meeting. The notice should include a statement that a public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the facility is to be located or there is substantial public interest in the proposed activity. The notice must include a statement that the comment period will be for at least thirty days following publication of the Notice of Application and Preliminary Decision; 6) if the application is subject to final approval by the executive director under Chapter 50 of this title, a statement that the The requirements for NAPD text at section 39.411(f) satisfy the federal requirements for public notification at 40 CFR 51.160, 51.161, and 51.166. The
NAPD must include all the information published in the NORI as well as information about the preliminary decision and supporting materials.

Section 39.411(f) is approvable.

### 135 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

executive director may issue fina l approval of the application unless a timely contested case hearing request or a timely request for reconsideration (if applicable) is filed with the chief
clerk after transmittal of the executive director's decision and response to public comment; 7) If the executive director prepares a Response to Comments as required by §55.156 of this title (relating to Public Comment Processing), the chief clerk will make the executive director's response to public comments available on the commission's Web site; 8) in addition to the requirements in paragraphs (1) - (7) of this subsection, for air quality permit applications filed on or after the effective date of this section for permits under Chapter 116, Subchapter B, Divisions 5 and 6 of this title (relating to Prevention of Significant Deterioration Review and Nonattainment Review): (A). as applicable, the degree of in crement consumption that is expected from the source or modification; (B). a statement that the state's air quality analysis is available for comment; (C). the deadline to request a public meeting; (D). a statement that the executive director will hold a public meeting at the request of any interested person; and (E). a statement that the executiv e director's draft permit and preliminary decision, prelimin ary determination summary, and air quality analysis are available electronically on the commission's Web site at the time of publication of the Notice of Application and Preliminary Decision; and (g) When notice of a public meeting by publication or by mail is required by Subchapters H and K of this chapter for air quality permit applications filed on or after the effective date of this section, the text of the notice must include the information in this subparagraph. Air quality permit applications filed before the effective date of this section are governed by the rules in Subchapters H and K of this chap ter as they existed immediately before the effective date of this section, and those rules are continued in effect for that purpose. 1) the information required by subsection (e)(l) - (3), (4)(A), (6), (8), (9), and (15) of this section; 2) the date, time, and place of the public meeting, and a brief description of the nature and purpose of the meeting, including the applicable rules and procedures; and 3) a brief description of public comment procedures, including a description of the manner in which comments regarding the executive director's draft permit and preliminary decision, and, as applicable, preliminary determination summary, and air quality analysis may be submitted and a statement in the notice for any air quality permit application for which there is an opportunity for contested case hearing, that only relevant and material issues raised during the comment period can be considered if a contested case hearing is granted. Section 39.411(g) establishes the requirements for notification of a public meeting. A public meeting in the Texas public participation program is equivalent to EPA’s public hearing. Notification of the public meeting is consistent with the requirements at 40 CFR 51.160, 51.161 and 51.166.

Section 39.411(g) is approvable.

### 136 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(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 of this chapter for air quality permit applications, the text of the notice must include the following information: 1) the information required by subsection (e)(l) - (3), (6), (9) and (15) of this section; and 2) the date, time, and place of the hearing, and a brief description of the nature and purpose of the hearing, including the applicable rules and procedures. The Texas Contested Case Hearing process under 30 TAC Chapter 80 is not part of the Texas SIP, nor has it been submitted for SIP review. However, EPA finds that prominent advertisement via newspaper of when an application is referred to the CCH process strengthens the SIP and affords the public more information about a specific action. TCEQ’s use of the CCH Process in this
instance does not in corporate CCH into
the Texas SIP.

Section 39.411(h) is approvable. §39.418. Notice of Receipt of Applic ation and Intent to Obtain Permit. There are no federal requirements comparable to the publication of notice of the receipt of an application. Therefore, the NORI process in Texas is an additional opportunity for the public to receive notification of the permit application – beyond the minimum federal requirements.

Sections 39.418(a), (b)(2)(A), (b)(3) and (c) are approvable as SIP strengthening

measures.

Note that because the NORI (or public notice on an application) is not a federal requirement it is appropriate that the TCEQ has exempted PAL applications from the publication of the NORI in section 39.418(c). (a) When the executive director determ ines that an application is administratively complete, the chief clerk shall mail this determination concurrently w ith the Notice of Receipt of Application and Intent to Obtain Permit to the applicant. (b) Not later than 30 days after the executive director declares an application administratively complete: 2) the chief clerk shall mail Notice of Receipt of Application and Intent to Obtain Permit to those listed in §39.413 of this title (relating to Mailed Notice), and to: (A). the state senator and repres entative who represent the general area in which the facility is located or proposed to be located; and §39.418. Notice of Receipt of Applic ation and Intent to Obtain Permit. Adopted by the TCEQ on Septembe r 2, 1999 and submitted initially as 39.418(b)(4) on October 25, 1999. Revisions adopted and submitted on July 2, 2010 as 39.418(b)(3): (b) Not later than 30 days after the executive director declares an application administratively complete: 3) the notice must include the applicable information required by §39.411(b) of this title (relating to Text of Public Notice). (c) For air quality permit applications, except applications for plantwide applicability limit permits under Chapter 116, Subchapter C of this title (relating to Plant-Wide Applicability Limits), the applicant shall provide notice as specified in Subchapter K of this chapter (relating to Public Notice of Air Quality Permit Applications). Specifically, publication in the newspaper must follow the requirements under §39.603 of this title (relating to Newspaper Notice), sign posting must follow the requirements under §39.604 of this title (relating to Sign-Posting), and the chief clerk shall mail notice according to §39.602 of this title (relating to Mailed Notice). The applicant shall also follow the requirements, as applicable, under §39.40s(h) of this title.

### 137 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

§39.419. Notice of Applicatio n and Preliminary Decision. (e) For air applications the following apply. 1) Air quality permit applications that are filed on or after the effective date of this section, are subject to this paragraph. Applications filed before the effective date of this section are governed by the rules as they existed immediately before the effective date of this section, and those rule are continued in effect for that purpose. After t echnical review is complete for applications subject to the re quirements for Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, Subchapter B of this title (relating to New Source Review Permits), the executive director shall file the executive director's draft permit and preliminary decision, the preliminary determination summary and air quality analysis, with the chief clerk and the chief clerk shall post these on the commission's Web site. Notice of Application and Preliminary Decision must be published as specified in Subchapter K of this chapter (relating to Public Notice of Air Quality Permit Applications) and, as applicable, under §39.405(h) of this title, unless the application is for any renewal application of an air quality permit that would not result in an increase in allowable
emissions and would not result in the emission of an air contaminant not previously emitted and the application does not involve a facility for which the applicant's compliance history is in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance History). 2) If notice under this section is required, the chief clerk shall mail notice according to §39.602 of this title (relating to Mailed Notice). Requirements for the publication of the
NAPD are consistent with the minimum federal requirements for notice on a permit decision at 40 CFR 51.160,
51.161 and 51.166.

Note that the NAPD is not required for every permit renewal application. Since there are no federal requirements for Title I permit renewal or public notice of such permit renewals, Section 39.419(e) is sufficient for permit renewal applications.

See section IV.B – F of this TSD for a discussion of how the NAPD process satisfies public notice requirements for specific types of permit applications.

Sections 39.419(e)(1) and (2) are approvable.

§39.419. Notice of Applicatio n and Preliminary Decision. (e) For air applications the following apply. 3) If the applicant is seeking authorization by permit, registration, license, or other type of authorization required to construct, operate, or authorize a component of the FutureGen project as defined in §91.30 of this title (relating to Definitions), any application submitted on or before January 1, 2018, shall be subject to the public notice and participation requirements in Chapter 116, Subchapter L of this title (relating to Permits for Specific Designated Facilities). Section 39.419(e)(3) is NOT IN SIP. EPA is severing and taking no action on this provision because it provides for public notice of FutureGen projects. As noted previously in this TSD, it is appropriate to sever section 39.419(e)(3) because we have not yet acted on the underlying FutureGen permit rules. We will review and analyze the public notice provisions for Future Gen when we take action on the permit program.

§39.420. Transmittal of the Executive Direct or’s Response to Comments and Decision. (c) When required by and subject to §55.156 of this title, for air quality permit applications, after the close of the comment period, the chief
clerk shall: Sections 39.420(c)(1)(A) – (D)(i)(I) and (II), (D)(ii) establish the procedures for responding to comments received and how the TCEQ will make available the comments and the TCEQ response to comments. These requirements are consistent with those at 40 CFR 51.160,
51.161 and 51.166. 1) transmit to the people listed in subsection (d) of this section the following information: (A). the executive director's decision; (B). the executive director's response to public comments; (C). instructions for requesting that the commission reconsider

### 138 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

the executive director's decision: and (D). instructions, which include the st atements in clause (ii) of this subparagraph, for requesting a contested case hearing for applications: (i). for the following types of applications:

I. permit applications which are subject to the requirements for Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, Subchapter B of this title (relating to New Source Review Permits) as described in §39.402(a)(2) of this title (relating to Applicability to Air Quality Permits and Permit Amendments);

II. permit and permit amendment applications which are not subject to the requir ements for Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, Subchapter B of this title, and for which hearing requests were received by the end of the 30-day comment period following the final publication of Notice of Receipt of Application and Intent to Obtain Permit, and these requests were not
withdrawn as described in: (a) §39.402(a)(1), (3), (11) and (12) of this title; and (b) §39.402(a)(4) and (5) of this title; (ii). the following statements must be included:

I. a statement that a person who may be affected by emissions of air contaminants from the facility or proposed facility is entitled to request a contested case hearing from the commission;

II. that a contested case hearing request must include the requestor's location relative to the proposed facility or activity;

III. that a contested case hearing request should include a description of how and why the requestor will be adversely affected by the proposed facility or activity in a manner not common to the general public, including a description of the requestor's uses of property which may be impacted by the proposed facility or activity;

IV. that only relevant and materi al disputed issues of fact raised during the comment period can be considered if a contested case hearing request is granted; and

V. that a contested case hearing request may not be based on issues raised solely in a comment withdrawn by the commenter in writing by filing a withdrawal letter with the chief clerk prior to the filing of the Executive Director's Response to Comment; and Sections 39.420(c)(1)(A) – (D)(i)(I) and (II), (D)(ii) are approvable.

2) for applications subject to the requirements of requirements for Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, Subchapter B of this title, make Section 39.420(c)(2) establishes the procedures for responding to comments received and how the TCEQ will make

### 139 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

available by electronic means on the commission's Web site the executive director's draft permit and preliminary decision, the executive director's response to public comments, and as applicable, preliminary determination summary and air quality analysis. available the comments and the TCEQ response to comments. These requirements are consistent with those at 40 CFR 51.160, 51.161 and 51.166.

Section 39.420(c)(2) is approvable. (d) The following persons shall be sent the information listed in subsection (c) of this section: 1) the applicant; 2) any person who requested to be on the mailing list for the permit action; 3) any person who submitted comments during the public comment period; 4) any person who timely filed a request for a contested case hearing; 5) Office of the Public Interest Counsel; and 6) Office of Public Assistance. Section 39.420(d) establishes the procedures for responding to comments received and how the TCEQ will make available the comments and the TCEQ response to comments. These requirements are consistent with those at 40 CFR 51.160, 51.161 and 51.166.

Section 39.420(d) is approvable.

(e) For air quality permit applications which meet the following conditions, items listed in subsec tion (c)(l)(C) and (D) of this section are not required to be included in the transmittals: 1) applications for which no timely hearing request is submitted in response to the Notice of Receipt of Application and Intent to Obtain a Permit; 2) applications for which one or more timely hearing requests are submitted in response to the Notice of Receipt of Application and Intent to Obtain Permit and for which this is the only opportunity to request a hearing, and all of the requests are withdrawn before the date the preliminary decision is issued; or 3) the application is for any renewal application that would not
result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted unless the application involves a facility for which the applicant's compliance history is in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance History). Section 39.420 (e) establishes the procedures for responding to comments received and how the TCEQ will make available the comments and the TCEQ response to comments. These requirements are consistent with those at 40 CFR 51.160, 51.161 and 51.166.

Section 39.420(e) is approvable.

(h) For applications for air quality permits under Chapter 116, Subchapter L of this title (relating to Permits for Specific Designated Facilities), the chief clerk will not transmit the item listed in subsection (a)(4) of this section. EPA is severing section 39.420(h) from
this action.

Section 39.420(h) w ill NOT BE IN SIP.

Section 39.420(h) cross-references the air permitting procedures of Chapter 116, Subchapter L for Permits for Specific Designated Facilities. EPA finds it appropriate to sever and take no action on the public notice provisions for Permits for Specific Designated Facilities because we have not yet acted on the underlying Chapter 116, Subchapter L permitting rules. We will

### 140 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

review and analyze the public notice provisions when we take action on the permit program. §39.601. Applicability

. Air quality permit applications or registrations that are declared administratively complete before Sept ember 1, 1999 are subject to the requirements of Chapter 116, Subchapter B, Division 3 (relating to Public Notification and Comment Procedures) (effective March 21, 1999) or (effectiv e December 24, 1998). Air quality permit applications or registrations that are declared administratively complete by the executive director on or after Septem ber 1, 1999 are subject to this subchapter. Section 39.601 is approvable as establishing applicability of the Chapter 39 sections submitted for SIP approval to air quality permit applications.

§39.602. Mailed Notice

. (a) When this chapter requires notice for air quality permit applications,
the chief clerk shall mail notice to: 1) the applicant; 2) persons on a relevant mailing list kept under §39.407 of this title (relating to Mailing Lists); 3) persons who filed public comment or hearing requests on or before the deadline for filing public comment or hearing requests; and 4) any other person the executive director or chief clerk may elect
to include. Section 39.602(a) satisfies the mailed notice requirements in 40 CFR 51.161.

Section 39.602(a) is approvable.

(b) When Notice of Receipt of Applica tion and Intent to Obtain Permit is required, mailed notice shall be sent to the state senator and representative who represent the area in which the facility is or will
be located. There are no federal requirements comparable to the publication of notice of the receipt of an application. Therefore, the NORI process in Texas is an additional opportunity for the public to receive notification of the permit application – beyond the minimum federal requirements. Providing mailed
notice of the NORI to the state senator is beyond the minimum requirements for
notice and mailed notice.

Sections 39.602(b) is approvable. §39.603. Newspaper Notice. (a) Notice of Receipt of Application and Intent to Obtain Permit under §39.4l8 of this title (relating to No tice of Receipt of Application and Intent to Obtain Permit) is required to be published no later than 30 days after the executive direct or declares an application administratively complete. This notice must contain the text as required by §39.411(e) of this title (relating to Text of Public Notice). This notice is not required for Plant-wide Applicability Limit permit applications. Section 39.603(a) is approvable, consistent with the federal requirements. This section requires the NORI to be published within 30 days of an administratively complete application.

The notice must contain the information in 39.411(e), which has been shown to satisfy the federal requirements at 51.160, 51.161 and 51.166.

See sections IV.B-F of this TSD for a discussion of how this section applies to

### 141 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

the different types of air permit applications in the Texas program. (b) Notice of Application and Preliminary Decision under §39.419 of this title (relating to Notice of Application and Preliminary Decision) is required to be published within 33 days after the chief clerk has mailed the preliminary decision concurrently with the Notice of Application and Prelimin ary Decision to the applicant.
This notice must contain the text as required by §39.411(f) of this
title. Section 39.603(b) is approvable, consistent with the federal requirements. This section requires the NAPD to be published within 33 days of a preliminary decision.

The notice must contain the information in 39.411(f), which has been shown to satisfy the federal requirements at 51.160, 51.161 and 51.166.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program. (c) General newspaper notice. Unless otherwise specified, when this chapter requires published no tice of an air quality permit application, the applicant shall publish notice in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility, as follows. 1) One notice must be published in the public notice section of the newspaper and must comply with §39.411(e) - (g) of this title. 2) Another notice with a total size of at least six column inches,
with a vertical dimension of at least three inches and a horizontal dimension of at least two column widths, or a size of at least 12 square inches, must be published in a prominent location elsewhere in the same issue of the newspaper. This notice must contain the following information: (A). permit application number; (B). company name; (C). type of facility; (D). description of the location of the facility; and (E). a note that additional information is in the public
notice section of the same issue. Section 39.603(c) is approvable, consistent with the federal requirements to provide prominent advertisement in 51.160, 51.161 and 51.166.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program.

(d) Alternative publication procedures for small businesses. 1) The applicant does not have to comply with subsection (c)(2) of this section if all of the following conditions are met: (A). the applicant and source meets the definition of a small business stationary source in Texas Water Code, §5.l35 including, but not limited to, those which: (i). are not a major stationary source for federal air quality permitting; (ii). do not emit 50 tons or more per year of any regulated air pollutant; (iii). emit less than 75 tons per year of all regulated air pollutants combined; and (iv). are owned or operated by a person that employs 100 or fewer individuals; and Section 39.603(d) pr ovides alternate publication proced ures for small businesses by allowing a source that
meets the federal definition of small business to publish only one newspaper notice as required under 39.603(c)(1) in the public notice section of the newspaper. The small business is exempted from the requirement to publish a second notice elsewhere in the newspaper consistent with section 39.603(c)(2).

EPA finds that this exemption from the

### 142 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

(B). if the applicant's site meets the emission limits in 106.4 of this title (relating to Requirements for Permitting by Rule) it will be considered to not have a significant effect on air quality. 2) The executive director may post information regarding pending air permit applications on its website, such as the permit number, company name, project type, facility type, nearest city, county, date public notice authorized, information on comment periods, and information on how to contact the agency for
further information. additional publication of the public
notice for a small business is an acceptable approach to implementing a state’s NSR program. While the small business is exempted from publication of a second notice, it is important to note
that the small business must meet the minimum federal requirements for notice consistent with 39.603(c)(1).

Section 39.603(d) is approvable. (e) If an air application is referred to State Office of Administrative Hearings for a contested case hearin g under Chapter 80 of this title (relating to Contested Case Hearings), the applicant shall publish notice once in a newspaper as described in subsection (c) of this section, containing the information under §39.411(h) of this title. This notice must be published and affidavits filed with the chief clerk no later than 30 days before the scheduled date of the hearing. The Texas Contested Case Hearing process under 30 TAC Chapter 80 is not part of the Texas SIP, nor is it required to be part of the Texas SIP. However, EPA finds that prominent advertisement via newspaper of when an application is referred to the CCH process strengthens the SIP and affords the public more information about a specific action. TCEQ’s use of the CCH process in this
instance does not in corporate CCH into
the Texas SIP.

Section 39.603(e) is approvable. §39.604. Sign-Posting. (a) At the applicant's expense, a sign or signs must be placed at the site of the existing or proposed fac ility declaring the filing of an application for a permit and stating the manner in which the commission may be contacted for further information. Such signs must be provided by the applicant and must substantially meet the following requirements: 1) Signs must consist of dark lettering on a white background and must be no smaller than 18 inches by 28 inches and all lettering must be no less than 1-1/2 inches in size and block printed capital lettering; 2) Signs must be headed by the words listed in the following subparagraph:

(A). "PROPOSED AIR QUALITY PERMIT" for new permits and permit amendments; or (B). "PROPOSED RENEWAL OF AIR QUALITY PERMIT" for permit renewals. 3) Signs must include the words "APPLICATION NO." and the number of the permit application. More than one application number may be included on the signs if the respective public comment periods coincide; 4) Signs must include the words "for further information contact"; 5) Signs must include the words "Texas Commission on Environmental Quality" and the address of the appropriate commission regional office; 6) Signs must include the telephone number of the appropriate There are no federal requirements for sign-posting for public notice. However, EPA previously approved sign-posting provisions in section 116.133. The provisions at 39.604 are substantively identical to the existing SIP requirements and apply to permit applications deemed administratively complete after September 1, 1999. Therefore there is no backsliding of sign-posting requirements.

Section 39.604 is approvable as a SIP strengthening measur e that provides additional public notice.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program.

### 143 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

commission office; (b) The sign or signs must be in place by the date of publication of the Notice of Receipt of Application and Intent to Obtain Permit and must remain in place and legible throughout that public comment period. The applicant shall provide a verification that the sign posting was conducted according to this section. (c) Each sign placed at the site must be located within ten feet of every property line paralleling a public highway, street, or road. Signs must be visible from the street and spaced at not more than 1,500- foot intervals. A minimum of one sign, but no more than three signs must be required along any property line paralleling a public highway, street, or road. The executive director may approve variations from these requirements if it is determined that alternative sign posting plans proposed by the applicant are more effective in providing notice to the public. This section's sign requirements do not apply to properties under the same ownership that are noncontiguous or separated by intervening public highway, street, or road, unless directly involved by the permit application. (d) The executive director may approve variations from the requirements of this subsection if the applicant has demonstrated that it is not practical to comply with the specific requirements of this subsection and alternative sign posting plans proposed by the applicant are at least as effectiv e in providing notice to the public. The approval from the executive director under this subsection must be received before posting signs for purposes of satisfying the requirements of this section. (e) Alternative language sign posting is required whenever alternative language newspaper notice would be required under §39.405(h) of this title (relating to General Notice Provisions). The applicant shall post additional signs in each alte rnative language in which the bilingual education program is taught. The alternative language signs must be posted adjacent to each English language sign required in this section. The alternative language sign posting requirements of this subsection must be satisfied without regard to whether alternative language newspaper notice is waived under §39.405(h)(8) of this title. The alternative language signs must meet all other requirements of this section. §39.605. Notice to Affected Agencies. In addition to the requirements in §39.405(f)(3) of this title (relating to General Notice Provisions): 1) when newspaper notices are published under this section, the applicant shall furnish a copy of the notices and affidavit to: (A). the EPA regional administrator in Dallas; (B). all local air pollution control agencies with jurisdiction in the county in which the construction is to occur; (C). the air pollution control agency of any nearby state in which air quality may be adversely affected by the emissions from the new or modified facility; and (D). if notice is for an application filed on or after the effective date of this section for a Prevention of Significant Section 39.605 is approvable.

The requirements at section 39.605 are consistent with those at 51.160, 51.161 and 51.166 to provid e notice to affected agencies.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program.

### 144 Table G.1 – Annotation of Submitted Revisions to 30 TAC Chapter 39 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

Deterioration or Nonattainment permit under Chapter 116, Subchapter B of this title (relating to New Source Review Permits), the chief executives of the city and county where the source would be located, and any State or Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the source or modification; 2) when sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period associated with the notice under §39.418 of th is title (relating to Notice of Receipt of Applicati on and Intent to Obtain Permit), to: (A). the chief clerk; (B). the executive director; and (C). those listed in paragraph (1 )(A) - (C) of this section; and 3) when alternative language waiver verification are required under this section, the applicant shall furnish a copy to those listed in paragraph (2)(A) - (C) of this section.

### 145 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

H. Evaluation of Pending Revisions to Chapter 55

1. What Sections are before us for review?

On July 2, 2010, the TCEQ withdrew from our c onsideration the sections of 30 TAC Chapter 55 that were submitted on October 25, 1999, July 31, 2002 and March 9, 2006. The only exception is section 55.152(b) as adopted September 29, 1999 and submitted on October 25, 1999. This
section remains before us for review.

Also on July 2, 2010, the TCEQ adopted and submitted the following sections of 30 TAC Chapter 55 as revisions to the Te xas SIP for public participation:

 55.152(a)(1), (2), (5) and (6)

 55.154(a), (b), (c)(1) – (3) and (5), (d) – (g)

 55.156(a), (b), (c)(1), (e), and (g)

 The TCEQ also resubmitted 30 TAC 55.150 as part of the July 2, 2010 public participation package.

2. There are currently no sections of 30 TAC Chapter 55 curren tly approved into the TexasSIP. Therefore the following table will identify the exact provisions submitted for SIPapproval on July 2, 2010.

Table H.1 – Annotation of Submitted Revisions to 30 TAC Chapter 55 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

§55.150. Applicability. This subchapter applies only to applications filed under Texas Water Code, Chapter 26, 27, or 32 or Texas Health and Safety Code, Chapter
361 or 382 that are declared admi nistratively complete on or after September 1, 1999. Note that this provision was adopted by the TCEQ on June 14, 2006; but was submitted on July 2, 2010 for consideration with the entire public participation package.

Section 55.150 is approvable as establishing applicability of the Chapter 55 sections submitted for SIP approval to air quality permit applications.

### 146 Table H.1 – Annotation of Submitted Revisions to 30 TAC Chapter 55 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

§55.152. Public Comment Period. (a) Public comments must be filed with the chief clerk within the time period specified in the notice. Th e public comment period shall end 30 days after the last publication of the Notice of Application and Preliminary Decision, except th at the time period shall end: 1) 30 days after the last publi cation of Notice of Receipt of Application and Intent to Obtain Permit under §39.418 of this title (relating to Notice of Receipt of Application and Intent to Obtain Permit), or 30 days after Notice of Application and Preliminary Decision if a second notice is required under §39.419 of this title (relating to Notice of Application and Preliminary Decision), for an air quality permit application not otherwise specified in this section; 2) 15 days after the last publi cation of Notice of Receipt of Application and Intent to Obtain Permit under §39.418 of this title, or 30 days after Notice of Application and Preliminary Decision if a second notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) or a concrete batch plant without enhanced controls authorized by a air quality standard permit adopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; 5) the time specified in commission rules for other specific types of applications; or 6) as extended by the executive director for good cause. Sections 55.152(a)(1), (a)(2), (a)(5) and (a)(6) are approvable as consistent with public notice requirements for minimum public comment periods at 40 CFR 51.160, 51.161 and 51.166.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program.

§55.152. Public Comment Period. Adopted by the TCEQ on September 29, 1999 and submitted October 25, 1999: (b) The public comment period shall automatically be extended to the close of any public meeting. Section 55.152(b) is approvable as consistent with public notice requirements at 40 CFR 51.160, 51.161
and 51.166.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program.

§55.154. Public Meetings. New provisions at section 55.154(a), (b), (c)(1), (c)(2), (c)(3), (c)(5), (d) – (g) are approvable. These provisions establish the Texas requirements for public meetings that are required under the public notice provisions in Chapter 39. The public meeting requirements are consistent with the federal requirements for public hearings, at 51.160, 51.161
and 51.166.

See sections IV.B-F of this TSD for a (a) A public meeting is intended for the taking of public comment, and
is not a contested case under th e Texas Administrative Procedure

Act. (b) During technical review of the application, the applicant, in cooperation with the executive director, may hold a public meeting in the county in which the facility is located or proposed to be located in order to inform the public about the application and obtain public input. (c) At any time, the executive director or Office of Public Assistance may hold public meetings. The executive director or Office of Public Assistance shall hold a public meeting if:

### 147 Table H.1 – Annotation of Submitted Revisions to 30 TAC Chapter 55 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

1) the executive director determines that there is a substantial or significant degree of public interest in an application; 2) a member of the legislature who represents the general area in which the facility is located or proposed to be located requests that a public meeting be held; 3) for applications filed on or after the effective date of this section, for Prevention of Significant Deterioration and Nonattainment permits subject to Chapter 116, Subchapter B of this title (relating to New Source Review Permits), an interested person requests a public meeting regarding the executive director's draft permit or air quality analysis; a public meeting held in response to a request under this paragraph will be held after Notice of Applica tion and Preliminary Decision is published; applications filed before the effective date of this section for Prevention of Significant Deterioration and Nonattainrnent permits subject to Chapter 116, Subchapter B of this title are governed by the rules as they existed immediately before the effective date of this section, and those rules are continued in effect for that purpose; 5) when a public meeting is otherwise required by law. discussion of how this section applies to the different types of air permit applications in the Texas program.

(d) Notice of the public meeting shall be given as required by §39.411(d) or (g) of this title (relating to Text of Public Notice), as applicable. (e) The applicant shall attend any public meeting held by the executive
director or Office of Public Assistance. (f) A tape recording or written transcript of the public meeting shall be made available to the public. (g) The executive director will respond to comments as required by §55.156(b) and (c) of this title (relating to Public Comment Processing). §55.156. Public Comment Processing. Sections 55.156(a), (b)(1)-(3), (c), (c)(1), (e)(1)-(4), and (g) are approvable. These provisions establish how the TCEQ will respond to public comments submitted on air quality permit applications.
Section 55.156 is consistent with the minimum federal requirements for public comment processing and responding to comments at 51.160,
51.161 and 51.166.

See sections IV.B-F of this TSD for a discussion of how this section applies to the different types of air permit applications in the Texas program. (a) The chief clerk shall deliver or mail to the executive director, the Office of Public Interest Counsel, the Office of Public Assistance, the director of the Alternative Dispute Resolution Office, and the applicant copies of all document s filed with the chief clerk in response to public notice of an application. (b) If comments are received, the follo wing procedures apply to the
executive director. 1) Before an application is approved, the executive director shall prepare a response to all timely. relevant and material, or significant public comment, whether or not withdrawn, and specify if a comment has been withdrawn. Before any air quality permit application for a Prevention of Significant Deterioration or Nonattainment permit subject to Chapter 116, Subchapter B of this title (relating to New Source Review Permits) or for applications for the establishment or renewal of, or an increase in, a plant-wide applicability limit permit under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification), filed on or after the effective date of this section, is approved, the

### 148 Table H.1 – Annotation of Submitted Revisions to 30 TAC Chapter 55 Note that only provisions submitted for SIP review are included in the table below Under Review for SIP Approval Adopted by the TCEQ on June 2, 2010 Submitted for SIP approval on July 2, 2010 Comments

executive director shall prepare a response to all comments received. The response shall speci fy the provisions of the draft permit that have been changed in response to public comment and the reasons for the changes. 2) The executive director may call and conduct public meetings, under §55.154 of this title (relating to Public Meetings), in response to public comment. 3) The executive director shall file the response to comments with the chief clerk within the shortest practical time after the comment period ends, not to exceed 60 days. (c) After the executive director files the response to comments, the chief clerk shall mail (or otherwise transmit) the executive director's decision, the executive director's response to public comments, and instructions for requesting that the commission reconsider the executive director's decision or hold a contested case hearing. The chief clerk shall provide the information required by this section to the applicant, any person who submitted comments during the public comment period, any person who requested to be on the mailing list for the permit action, any person who timely filed a request for a contested case hearing in response to the Notice of Receipt of Application and Intent to Obtain a Permit for an air application, the Office of Public Interest Counsel, and the Office of
Public Assistance. Instructions for requesting reconsideration of the
executive director's decision or requesting a contested case hearing are not required to be included in this transmittal for the applications listed in: 1) §39.420(e) of this title (relating to Transmittal of the Executive Director's Response to Comments and Decision); and (e) The instructions sent under §39.420(c) of this title regarding how to request a contested case hearing sha ll include at least the following

statements: 1) that a contested case hearing request must include the requestor's location relative to the proposed facility or activity; 2) that a contested case hearing request should include a description of how and why the requestor will be adversely affected by the proposed facility or activity in a manner not common to the general public, including a description of the requestor's uses of property which may be impacted by the proposed facility or activity; 3) that only relevant and material disputed issues of fact raised during the comment period can be considered if a contested case hearing request is granted; and 4) that a contested case hearing request may not be based on issues raised solely in a comme nt withdrawn by the commenter in writing by filing a withdrawal letter with the chief clerk prior to the filing of the Executive Di rector's Response to Comment. (g) Notwithstanding the requirements in §39.420 of this title, the commission shall make available by electronic means on the
commission's Web site the executive director's decision and the executive director's respon se to public comments.

### 149 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

I. Evaluation of Revisions to Chapter 116

1. What Sections are before us for review?

EPA’s November 26, 2008, proposed limited approval /limited disapproval of the Texas Public Participation program included proposed limited approval/limited disapproval on the following sections of 30 TAC Chapter 116:

 30 TAC 116.111 – General Application as submitted on October 25, 1999

 30 TAC 116.114 – Application Review Sc hedule as submitted on October 25, 1999

 30 TAC 116.116 – Changes to Facilitie s as submitted on October 25, 1999

 30 TAC 116.124 – Public Notice of Compliance Hi story, section repeal ed on October 25,
1999

 30 TAC 116.312 – Public Notification and Comment Procedures as submitted on December 15, 1995 and revised June 22, 1998, and October 25, 1999

On November 5, 2010, we published a withdrawal of our November 26, 2008 proposed LA/LD (including sections 116.111, 116.114, 116.116, and 116.312), based on the July 2, 2010 SIP submittal from TCEQ establishing new public participation provisions. As explained in the November 5, 2010 notice, the TCEQ did not withdraw from our consideration the revisions to 30 TAC 116.111, 116.114, 116.116, and 116.312 – therefore those sections remain before us for
review and will be addressed in this TSD in re lation to the new public participation provisions submitted on July 2, 2010.

Additionally, the TCEQ adopted and submitted revisions to the following sections of Chapter 116 with the July 2, 2010 P ublic Participation SIP:

 30 TAC 116.114(a)(2)(B), (a)(2)(C ), (c)(2), and (c)(3) – Appl ication Review Schedule

 30 TAC 116.194 – Public Notice and Comment

2. Annotated Tables for Chapter 116 Provisions

30 TAC 116.111 – General Application

 Section 116.111 was most recently SIP-approve d as adopted by the TCEQ on August 21, 2002. See 72 FR 49198, August 28, 2007. This does not include 116.111(a)(2)(K) or 116.111(b).

 EPA is taking no action on 116.111(a)(2)(K) as part of the SIP because this section addresses requirements for HAPs under 40 CFR Part 63.

 Section 116.111(b) was adopted and submitted in the October 25, 1999 SIP submittal. Because EPA never acted on this portion of the submittal and TCEQ did not withdraw,
this section remains before EPA for review.

Table I.1 – Evaluation of Revisions to 30 TAC 116.111 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

Current SIP 30 TAC 116.111 No pending revisions to section

### 150 Table I.1 – Evaluation of Revisions to 30 TAC 116.111 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

As adopted by TNRCC August 21, 2002 Approved by EPA August 28, 2007 (72 FR 49198) NOT IN SIP: Paragraph(a)(2)(K) and paragraph (b). (a) In order to be granted a permit, amendment, or special permit amendment, the application must include: (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;

(2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following. (A) Protection of public health and welfare. (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 (ii) For issuance of a permit for construction or modification of any facility within 3,000 feet of an elementary, junior high/middle, or senior high school, the commission shall consider any possible adverse short-term or long-term side effects th at an air contaminant or nuisance odor from the facility may have on the individuals attending the school(s). (B) Measurement of emissions. The proposed facility will have provisions for measuring the emission of significant air contaminants as determined by the executive director. This may include the installation of sampling ports on exhaust stacks and construction of sampling platforms in accordance with guidelines in the "Texas Natural Resource Conservation Commission (TNRCC) Sampling Procedures Manual." (C) Best available control technology (BACT). The proposed facility will utilize BACT, with consideration given to the technical practicability and economic reasonableness of reducing or eliminating the emissions from the facility. (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. (E) National Emission Standards for Hazardous Air Pollutants (NESHAP). The emissions fro m 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. (F) NESHAP for source categorie s. The emissions from the proposed facility will meet the requirements of any applicable 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 116.111(a) are under review in this TSD. This section is provided for

context.

### 151 Table I.1 – Evaluation of Revisions to 30 TAC 116.111 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

Pollutants for Source Categories (FCAA §112,40 CFR 63)). (G) Performance demonstration. The proposed facility will achieve the performance specified in the permit application. The applicant may be required to submit additional engineering data after a permit has been issued in order to demonstrate further that the proposed facility will achieve the performance specified in the permit application. In addition, dispersion modeling, monitoring, or stack testing may be required. (H) Nonattainment review. If the proposed facility is located in a nonattainment area, it shall comply with all applicable requirements in this chapter concerning nonattainment review. (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. (J) Air dispersion modeling. Computerized air dispersion modeling may be required by the executive director to determine air quality impacts from a proposed new facility or source modification. In determining whether to issue, or in conducting a review of, a permit application for a shipbuilding or ship repair operation, the commission will not require and may not consider air dispersion modeling results predicting
ambient concentrations of non-criteria air contaminants over
coastal waters of the state. The commission shall determine compliance with noncriteria ambi ent air contaminant standards and guidelines at land-based off-property locations. (K) NOT IN SIP (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. Revisions Submitted October 25, 1999 to 116.111(b)

(b) In order to be granted a permit, amendment, or special permit amendment, the owner or operator mu st comply with the following notice requirements.

1. Applications declared admini stratively complete before September 1, 1999, are subject to the requirements of Chapter 116, Subchapter B, Division 3 (relating to Public Notification and Comment Procedures) (e ffective March 21, 1999).

2. Applications declared administ ratively complete on or after September 1, 1999, are subject to the requirements of Chapter 39 of this title (relating to Public Notice) and Chapter 55 of this title (relating to Request for Reconsideration and Contested Case Hearings; Public Comment). Upon request by the owner or operator of a facility which previously has received a permit or special permit from the commi ssion, the executive director or designated representative may exempt the relocation of such facility from the provisions in Chap ter 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 New section 116.111(b) submitted October 25, 1999 is approvable. These new provisions identify which public notice procedures apply to a given permit application
based on date.

Previously in sections IV.B-F of this TSD we have evaluated the public notice provisions at Chapter 39 as consistent with federal requirements for public notice of PSD, NNSR and Minor NSR permit applications at 40 CFR 51.160, 51.161, and 51.166.

### 152 Table I.1 – Evaluation of Revisions to 30 TAC 116.111 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

indication that operation of the facility at the proposed new location will cause a condition of air pollution.



### Section 116.114 – Application Review Schedule

 Section 116.114(a), (a)(1), (a)(2) , (b), (b)(1) is SIP-approved as adopted by the TCEQ on June 17, 1998. See 67 FR 58697, September 18, 2002.

 Section 116.114(a)(3) an d (a)(4) are SIP-approved as a dopted by the TCEQ on December 19, 2007. See 75 FR 10416, March 8, 2010.

 Section 116.114(b)(2) is SIP-approved as adopted by the TCEQ on August 20, 2003. See 75 FR 10416, March 8, 2010.

 This TSD addresses revisions to section 116.114( a)(2), (a)(2)(A), (a)(2)(B), (b)(1), and (c)(1)-(3) submitted October 25, 1999 and sect ion 116.114(a)(2)(B), (a)(2)(C), (c)(2) and (c)(3) submitted July 2, 2010 as noted below.

Table I.2 – Evaluation of Revisions to 30 TAC 116.114 Rule Language – Note that existing SIP language is presented as regular text. Revisions submitted October 25, 1999 are presented using standard
underline /strikeout conventions. Revisions submitted July 2, 2010 are presented using a double underline /strikeout convention. Comments

a. Review schedule. The executive director shall review permit applications in accordance with the following. SIP-approved as adopted by the TCEQ on June 17, 1998. See 67 FR 58697, September 18, 2002.

No revisions to 116.114(a) under
consideration in this TSD.

1. Notice of completion or deficiency . The executive director shall mail written notification informing the applicant that the application is complete or that it is deficient within 90 days of receipt of the application for a new permit, or amendment to a permit or special permit. SIP-approved as adopted by the TCEQ on June 17, 1998. See 67 FR 58697, September 18, 2002.

No revisions to 116.114(a)(1) under
consideration in this TSD. A. If the application is deficient, the notification must state:

i. the additional information required; and

ii. the intent of the executive director to void the application if information for a complete application is
not submitted.

B. Additional information may be requested within 60 days of receipt of the information provided in response to the deficiency notification.

### 153 Table I.2 – Evaluation of Revisions to 30 TAC 116.114 Rule Language – Note that existing SIP language is presented as regular text. Revisions submitted October 25, 1999 are presented using standard
underline /strikeout conventions. Revisions submitted July 2, 2010 are presented using a double underline /strikeout convention. Comments

2. Preliminary decision Decision to approve or disapprove the application. The executive director shall conduct a technical review
and send mail written notice to the applicant of the preliminary his decision to approve or not approve the application within 180 days from receipt of a completed permit application or 150 days from receipt of a completed permit amendment . If the applicant has provided Notice of Receipt of Ap plication and Intent to Obtain
Permit public notification as required by the executive director under Chapter 39 of this title (relating to Public Notice), one of the following shall apply: , and no requests for public hearing or public meeting on the proposed facility have been received, the executive
director shall send notice with in:

A. if comments are received on the proposed facility and replied to by the executive director in ac cordance with §39.420 of this title (relating to Transmittal of the Executive Director’s Response to Comments and Decision) and §55.156 of this title (relating to Public Comment Processing); and 180 days of receipt of a completed permit application; or

B. if no requests for public hear ing or public meeting on the proposed facility have been received or the application is otherwise exempt under §39.419(e) of this title (relating to Notice of Application and Prelim inary Decision), the executive director shall send a copy of the Preliminary Decision to the applicant; or 150 days of receipt of a permit amendment or special permit amendment.

C. if Notice of Application and Preliminary Decision is required under §39.419(e) §39.419(d) of this title (relating to Notice of Application and Preliminary Decision) , the executive director
shall authorize this notice and se nd copies to the applicant and all other persons are required under §39.602 of this title (relating to Mailed Notice). The following revisions to 116.114(a)(2)(A) – (C) are approvable. The provisions of this subsection identify when the preliminary permit decision will be made on a permit application and cross-reference the public notice provisions at Chapter 39. Permit
decision timelines are consistent with the requirements in 40 CFR 51.160, 51.161 and 51.166.

Revisions to 116.114(a)(2) were submitted October 25, 1999.

Revisions to 116.114(a)(2)(A) and were submitted October 25, 1999.

Revisions to 116.114(a)(2)(B) were submitted October 25, 1999 and July 2, 2010. Revisions to 116.114(a)(2)(C) were submitted October 25, 1999 and July 2, 2010.

These revisions through the July 2, 2010 submittal are approvable.

3. Review schedule for Advanced Cl ean Energy Projects. In addition to the applicable requirements and deadlines specified in subsections (a) - (c) of this secti on, the following deadlines apply to permit applications for advanced clean energy projects as defined in Texas Health and Safety Code, §382.003. Definitions:

A. As authorized by federal law, not later than nine months after
the executive director declares an application for a permit under this chapter for an advan ced clean energy project to be administratively complete, th e executive director shall complete its technical review of the application.

B. The commission shall issue a final order issuing or denying the permit not later than nine months after the executive director declares the application technically complete. The commission may extend this deadline up to three months if it determines that the number of complex pending applications for permits under this chapter will prevent the commission from meeting this deadline without creating an extraordinary burden on the
resources of the commission. SIP-approved as adopted by the TCEQ on December 19, 2007. See 75 FR 10416, March 8, 2010.

No revisions to 116.114(a)(3) under
consideration in this TSD.

### 154 Table I.2 – Evaluation of Revisions to 30 TAC 116.114 Rule Language – Note that existing SIP language is presented as regular text. Revisions submitted October 25, 1999 are presented using standard
underline /strikeout conventions. Revisions submitted July 2, 2010 are presented using a double underline /strikeout convention. Comments

4. Refund of permit fee.

A. If the time limits provided in this section to process an application are exceeded, the applicant may appeal in writing to
the executive director for a refund of the permit fee.

B. The permit fee shall be reimbursed if it is determined by the executive director that the specified period was exceeded without good cause, as provided in Texas Civil Statutes, Article 6252-13b.1, §3. SIP-approved as adopted by the TCEQ on December 19, 2007. See 75 FR 10416, March 8, 2010.

No revisions to 116.114(a)(4) under
consideration in this TSD.

b. Voiding of deficient ap plication. SIP-approved as adopted by the TCEQ on June 17, 1998. See 67 FR 58697, September 18, 2002.

1. An applicant shall make a good faith effort to submit, in a timely manner, adequate information which demonstrates that the requirements for obtaining a permit or permit amendment are met in response to any deficiency notif ication issued by the executive director under the provisions of this section, or Chapter 39 §116.131 of this title (relating to Public Notice Applicability). Revisions to 116.114(b)(1) were submitted October 25, 1999 and July 2, 2010.

These revisions collectively update
the cross-reference from 116.131 to the public notice provisions at Chapter 39. These revisions are approvable.

2. If an applicant fails to make such good faith effort after two written notices of deficiency, the exec utive director shall void the application and notify the applicant of the voidance and the remaining deficiencies in the voided application. If a new application is submitted within six months of the voidance, it shall meet the requirements of §116.111 of this title (relating to General Application) but will be exempt from the requirements of §116.140 of this title (relating to Applicability). SIP-approved as adopted by the TCEQ on June 17, 1998. See 67 FR 58697, September 18, 2002.

No revisions to 116.114(b)(2) under
consideration in this TSD.

c. Notification of executiv e director’s decision. Revisions to 116.114(c)(1) were submitted October 25, 1999.

Section 116.114(c)(1)(A)-(D) outlines when the TCEQ provides notice of decision to the applicant, consistent with requirements in 51.160, 51.161, and 51.166. These revisions are approvable. 1. Notification to Applicant. The exec utive director or the chief clerk shall send to the applicant the d ecision to approve or not approve the application if:

A. no timely requests for reconsideration, contested case hearing, or public meeting the proposed facility have been received; or

B. if hearing requests have been received and withdrawn before
the executive director’s Preliminary Decision; or

C. the application is for any amendm ent, modification, or renewal application that would not result in an increase in allowable
emissions and would not result in the emission of an air contaminant not previously emitted; and

D. the applicant has satisfied all public notification requirements of Chapter 39 of this title.

2. Notification to commenters. Persons Except for initial issuance of voluntary emission reduction permits and electric generating facility permits, persons submitting written comments under Chapter 39 of this title shall be sent the executive director’s final action and given an explanation of the opportunity to file a motion under §50.139 of this title (relating to Motion to Overturn Executive Director’s Decision) at the same time that the applicant is notified. If the number of interested persons who have requested notification Revisions to 116.114(c)(2) were submitted October 25, 1999 and July 2, 2010.

Section 116.114(c)(2) provides that all commenters submitting written
comments will receive notification of the final permit action, consistent

### 155 Table I.2 – Evaluation of Revisions to 30 TAC 116.114 Rule Language – Note that existing SIP language is presented as regular text. Revisions submitted October 25, 1999 are presented using standard
underline /strikeout conventions. Revisions submitted July 2, 2010 are presented using a double underline /strikeout convention. Comments

makes it impracticable for the commission to notify those persons by mail, the commission shall notify those persons by publication using the method prescribed by §382.031(a) of the Texas Health and Safety Code. with federal requirements at 51.160,
51.161 and 51.166. These revisions are approvable.

3. Time Limits. The executive director shall send notification of final
action within: Revisions to 116.114(c)(3) were submitted October 25, 1999 and July 2, 2010.

Section 116.114(c)(3)(A)-(C) provides timelines for permit
issuance consistent with requirements at 51.160, 51.161 and
51.166. These revisions are approvable. A. one year after receipt of a complete PSD or nonattainment permit application, or a complete permit application for an action under Subchapter C of this chapter (relating to PlantWide Applicability Limits);

B. 180 days of receipt of a comp leted permit or permit renewal application; or

C. 150 days of receipt of a permit amendment or special permit amendment application.



### Section 116.116 – Changes to Facilities

 Portions of 30 TAC 116.116 have been SIP-approved by EPA.

 The most recent SIP-approval was November 2, 2011, as adopted by TCEQ September 15, 2010. See 76 FR 67600.

 This SIP-approval did NOT include: Paragra phs (b)(3) and (b)(4) and subsection (e).

Table I.3 – Evaluation of Revisions to 30 TAC 116.116 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

a. Representations and conditions. The following are the conditions upon which a permit, special permit, or special exemption are issued: SIP-approved as adopted by the TCEQ on September 15, 2010. See 76 FR 67600, November 2, 2011.

No revisions to 116.116(a) under review in this TSD. Language provided solely for context. 1. representations with regard to construction plans and operation procedures in an application for a permit, special permit, or special exemption; and

2. any general and special conditions attached to the permit, special permit, or special exemption itself.

b. Permit amendments. SIP-approved as adopted by the TCEQ on September 15, 2010. See 76 FR 67600, November 2, 2011.

No revisions to 116.116(b)(1) or (b)(2) under review in this TSD. Language provided solely for

context. 1. Except as provided in subsection (e) of this section, the permit holder shall not vary from any representation or permit condition without obtaining a permit amendment if the change will cause:

A. a change in the method of control of emissions;

B. a change in the character of the emissions; or

C. an increase in the emission rate of any air contaminant.

2. Any person who requests permit amendments must receive prior approval by the executive director or the commission. Applications must be submitted with a complete d Form PI-1 and are subject to the requirements of §116.111 of this title (relating to General Application).

3. Any person who applies for an amendment to a permit to construct or reconstruct an affected source (as defined in §116.15(1) of this title (relating to Section 112(g) Definitions)) under Subchapter C of EPA is severing section 116.116(b)(3) from this action.

### 156 Table I.3 – Evaluation of Revisions to 30 TAC 116.116 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)) shall comply with the provisions in Chapter 39 of this title (relating to Public Notice). Section 116.116(b)(3) will NOT BE

IN SIP.

Section 112(g) of the Act applies to the review and permitting of constructed and reconstructed major sources of HAPs under § 112 of the Act and 40 CFR Part 63, Subpart B. The process for implementing these provisions is carried our separately
from the Texas SIP. Because the requirements under section 112(g) are self-implementing under section
112 of the Act and under 40 CFR part 63, Subpart B, EPA is severing and taking no action on section 116.116(b)(3).

4. Any person who applies for an amendment to a permit to construct a new facility or modify an existing facility shall comply with the provisions in Chapter 39 of this title. Section 116.116(b)(4) is approvable consistent with the requirements of
40 CFR 51.165 and 51.166. Section
IV.E of this TSD demonstrates how the public participation requirements for permit amendment applications in Chapter 39 satisfy the minimum federal public notice requirements.

c. Permit alteration. SIP-approved as adopted by the TCEQ on September 15, 2010. See 76 FR 67600, November 2, 2011.

No revisions to 116.116(c) under review in this TSD. Language provided solely for context. 1. A permit alteration is:

A. a decrease in allowable emissions; or

B. any change from a representation in an application, general condition, or special condition in a permit that does not cause:
i. a change in the method of control of emissions;
ii. a change in the character of emissions; or
iii. an increase in the emission rate of any air
contaminant.

2. Requests for permit alterations that must receive prior approval by
the executive direct or are those that:

A. result in an increase in off-property concentrations of air contaminants;

B. involve a change in permit conditions; or

C. affect facility or control equipment performance.

3. The executive director shall be notified in writing of all other permit alterations not specified in paragraph (2) of this subsection.

4. A request for permit alteration shall include information sufficient to demonstrate that the change does not interfere with the owner or operator's previous demonstrations of compliance with the requirements of §116.111(a)(2)(C) of this title.

5. Permit alterations are not subject to the requirements of §116.111(a)(2)(C) of this title.

d. Permits by rule under Chapter 106 of this title (relating to Permits by Rule) in lieu of permit amendment or alteration. SIP-approved as adopted by the TCEQ on September 15, 2010. See

### 157 Table I.3 – Evaluation of Revisions to 30 TAC 116.116 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

1. A permit amendment or alteration is not required if the changes to the permitted facility qualify for an exemption from permitting or permit by rule under Chapter 106 of this title unless prohibited by permit condition as provided in §116.115 of this title (relating to General and Special Conditions). 76 FR 67600, November 2, 2011.

No revisions to 116.116(d) under review in this TSD. Language provided solely for context.

2. All changes authorized under Chapter 106 of this title to a permitted facility shall be incorporated into that facility's permit when the permit is amended or renewed.

e. Use of credits. Notwithstanding any other subsection of this section, discrete emission reduction credits may be used to exceed permit allowables as described in §101.376(b) of this title (relating to Discrete Emission Credit Use) if all applicable conditions of §101.376 of this title are met. This subsection does not authorize any physical changes to a facility. SIP-approved as adopted by the TCEQ on September 15, 2010. See 76 FR 67600, November 2, 2011.

No revisions to 116.116(e) under review in this TSD. Language provided solely for context.



### Section 116.124 – Public Noti ce of Compliance History

 Section 116.124, as adopted by the TCEQ on June 17, 1998, was SIP-approved on September 18, 2002. See 67 FR 58697.

 Since the time of our SIP-approval, the TC EQ submitted a repeal of section 116.124 on October 25, 1999.

 We proposed to repeal section 116.124 from the SIP on November 26, 2008 in our proposed LA/LD on Texas Public Participation. As stated previously we withdrew our proposed LA/LD on November 5, 2010 but did not address the impact of our withdrawal on the proposed repeal of section 116.124. Therefore, the repeal of section 116.124
remains before us for action.

Table I.4 – Evaluation of Revisions to 30 TAC 116.124 Rule Language – Note that existing SIP language is presented as regular text. Submitted revisions are presente d using standard underline/strikeout
conventions. Comments

§116.124. Public Notice of Compliance History. When public notice is required under §116.131 of this title (relating to Public Notification Requirements), the applicant shall include the following
statement in the notice: "The facility's compliance file, if any exists, is available for public review i n the regional office of the Texas Natural
Resource Conservation Commission." SECTION REPEALED It is recommended that 30 TAC Section 116.124 be repealed from
the Texas SIP.

Section 116.124 provides additional requirements for public notice under
116.131. Section 116.131 has been superseded by the requirements for public notice in 30 TAC Chapter 39.
We have shown in sections IV.B-F of this TSD that the requirements in Chapter 39 satisfy the minimum federal requirements for public
notice.

### 158 Section 116.194 – Public Notice and Comment

 TCEQ initially adopted the provisions for PAL public notice on February 1, 2006 with the adoption of the PAL permit provisions. The initial public notice provisions crossreferenced specific sections of Ch apter 39. EPA disapproved section 116.194 on September 15, 2010. See 75 FR 56424.

 Since our disapproval, TCEQ resubmitted section 116.194 as adopted on February 1, 2006. Further revisions were submitted on July 2, 2010, that replace the previous version from 2006 to broadly reference the public pa rticipation requiremen ts of Chapter 39.

 EPA is taking separate action on the PAL pe rmitting provisions. We proposed approval of the PAL permitting provisions on June 20, 2012 as part of our proposed approval of
Texas NSR Reform. See 77 FR 36964. We fi nalized approval of the PAL permitting provisions on October 25, 2012. See 77 FR 65119.

Table I.5 – Evaluation of Revisions to 30 TAC 116.194 §116.194 . Public Notification and
Comment Submitted for SIP approval on February 1, 2006 and resubmitted March 11, 2011 §116.194 . Public Notification and
Comment Submitted for SIP approval on July 2, 2010 Comments

Applications for initial issuance of plant-wide applicability limit permits under this division are subject only to Sections 39.401, 39.405, 39.407, 39.409, 39.41 1, 39.419, 39.420, and 39.601 - 39.605 of this title (relating to Purpose; General Notice Provisions; Mailing Lists; Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing; Text of Public Notice; Notice of Application and Preliminary Decision; Transmittal of
the Executive Director 's Response to Comments and Decision; Applicability; Mailed Notice; Newspaper Notice; Sign-Posting; and Notice to Affected Agencies, respectively), except that any reference to requests for
reconsideration or contested case hearings in section 39.409 or
Section 39.41 1 of this title shall not apply. Nothing in this section
exempts an applicant for a new source review permit from the requirements of Subchapter B of this chapter (relating to New Source Review Permits). a. Applications for establishment or renewal of, or an increase in, a plant-wide applicability limit permit under this division are subject to the notice and comment requirements in Chapter 39 of this title (relating to Public Notice). Applications
for initia l issuance of plant

wide applicability limit permits under this division are subject only to §§ 39.401, 39.405, 39.407, 39.409, 39.411, 39.419, 39.420, and 39.601

- 39.605 of this title (relating to Purpose; General Notice Provisions; Mailing Lists; Deadline for Public Comment, and for Requests for Reconsideration, Contested Case hearing or Notice and Comment Hearing; Text of Public Notice; Notice of Application and Preliminary Decision; Transmittal of the Excutive Director’s Response
to Comments and Decision ; Applicability; Mailed Notice; Newspaper Notice; Sign Posting; and Notice to Affected Agencies, respectively), except that any reference to requests
for reconsideration or contested case hearings in 39.409 or
39.411 of this title shall not The revisions to section 116.194 through the July 2, 2010 submittal are approvable.

The 2010 revisions establish two subsections (a) and (b) from the initial adoption language. Subsection (a) replaces the section specific
citations with a broad crossreference the public notice requirements in Chapter 39, which
have been shown in section IV.D of this TSD, to sa tisfy the federal requirements for public notice of PAL permit applications consistent
with 40 CFR 51.165 and 51.166.

Subsection (b) moves the last sentence of the 2006 provision to a new section. Subsection (b) provides assurances that PAL public notice requirements cannot exempt a source from NSR permitting requirements under Chapter 116, Subchapter B.

The submitted revisions to subsections 116.194(a) and (b) are approvable.

### 159 Table I.5 – Evaluation of Revisions to 30 TAC 116.194 §116.194 . Public Notification and
Comment Submitted for SIP approval on February 1, 2006 and resubmitted March 11, 2011 §116.194 . Public Notification and
Comment Submitted for SIP approval on July 2, 2010 Comments

apply.

b. Nothing in this section exempts an applicant for a new source review permit from the requirements of Subchapter B of this chapter (relating to New Source Review Permits).



### Section 116.312 – Public Notification and Comment Procedures

 The existing SIP-approved language was approved by EPA on March 10, 2006 as adopted by the TCEQ on August 16, 1993. See 71 FR 12285.

 The TCEQ submitted revisions on Decembe r 15, 1995, June 22, 1998 and October 25,
1999.

 We proposed LA/LD of these revisions on November 26, 2008. We withdrew our proposed LA/LD on these submittals on November 5, 2010. As such, the revisions to 116.312 submitted December 15, 1995, June 22, 1998 and October 25, 1999 remain
before us for review.

 Note, that the June 22, 1998 submittal included a repeal and replace of the previous versions of section 116.312, including the 1993 ve rsion that is currently SIP-approved. Therefore, we need to evaluate the repeal of the 1993 version. Additionally, the December 15, 1995 submittal is no longer before us for action as a result of the repeal.

Table I.6 – Evaluation of Revisions to 30 TAC 116.312 §116.312 . Public Notification and Comment Procedures. SIP-approved March 10, 2006. See 71 FR 12285. Adopted by the TCEQ on August 16, 1993. Comments

The Executive Director shall mail a written notification to the permit holder within 30 days of receipt of a completed application for permit review and renewal, as determined by the Executive Director of the Texas Air Control Board (TACB). The notification will acknowledge receipt of the application and require the applicant to provide public notice of the application for permit renewal according to §116.132 of this title (relating to Public Notice Format) and §116.133 of this title (relat ing to sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 of this title and §116.133 of this title (relating to Sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 of this title and §116.133 of this title and to public comments in §116.136 of this title (relating to Public Comment Pr ocedures), which apply to proposed construction, proposed facilities, and pe rmit applications shall apply likewise to proposed renewals, existing facilities, and renewal applications. The sign heading required under §116.133(a)(2) of this title shall read "PROPOSED RENEWAL OF AIR QUALITY PERMIT." When newspaper notices are published in accordance with §116.132 of this title, the applicant for permit renewal shall furnish a copy of such no tices and dates of publication to the TACB in Austin and all local air pollution control agencies with jurisdiction in the county in which the facility is located. Along with such notices This version of section 116.312 was repealed by the TCEQ on June 22,
1998.

The June 22, 1998 repeal is approvable.

### 160 Table I.6 – Evaluation of Revisions to 30 TAC 116.312

furnish ed to the TACB, the applicant shall certify that the signs required by §116.133 of this title have been posted in accordance with the provisions of that paragraph. SECTION REPEALED. §116.312 . Public Notification and
Comment Procedures. Submitted for SIP approval on July 22, 1998 §116.312 . Public Notification and
Comment Procedures. Submitted for SIP approval on October 25, 1999 Comments

a. The executive director shall
mail a written notice to the permit holder within 30 days after receipt of a complete application. The notice will confirm receipt of the application and shall require the applicant to provide public notice of the application for permit renewal in accordance with Subchapter B of this chapter (relating to New Source Review Permits). The executive director shall mail a written notice to the permit holder within 30 days af ter receipt of a complete application. The notice will confirm receipt of the application and shall require the applicant to provide public notice of the application for permit renewal in accordance with Chapter 39 of this title (relating to Public Notice). Subchapter B of this chapter (relating to New Source Revi ew Permits). The revisions to section 116.312 submitted through October 25, 1999 are approvable. These revisions require that permit renewal applications be public noticed consistent with the requirements in Chapter 39.

We have previously shown in
section IV.F of this TSD that the requirements in Ch apter 39 specific to permit renewal applications are
consistent with 40 CFR 51.160 and

51.161. a. The sign heading required under §116.133(a)(2) of this title (relating to Sign Posting Requirements) shall read

"PROPOSED RENEWAL OF AIR QUALITY PERMIT." b. The sign heading required under §116.133(a)(2) of this title (relating to Sign Posting Requirements) shall read

"PROPOSED RENEWAL OF AIR QUALITY PERMIT."

### 161 IV. Technical Evaluation of the Texas Public Participation SIP Submittals

J. Does Approval of Texas’s Public Part icipation SIP Submittals Interfere with Attainment, Reasonable Further Progress, or Any Other Applicable Requirement of
the Act?

This section 110(l) analysis will consider the Texas Public Participation Program for air quality permit applications, in its entirety – i.e, the se ctions remaining for our review from October 25, 1999, and the entirety of the July 2, 2010 SIP s ubmittal. Viewed as a complete program, these rules establish the rules governing public participation including the required verbiage of the notice documents and the timing of the notice processes for all Texas air quality permit applications.

Section 110(l) of the Clean Air Act states:

Each revision to an implementation plan subm itted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and re asonable further progress (as defined in section 171), or any other applicable requirement of this Act.

Thus, under section 110(l), the regulations submitted as a SIP revi sion for public participation for air quality permit applications must meet the procedural requirements of section 110(l) by demonstrating that the State followed all necessa ry procedural requirements such as providing reasonable notice and public hear ing of the SIP revision. Additi onally, the SIP revision must demonstrate that the adopted rules will not interf ere with any applicable requirement concerning attainment and reasonable further progress, or an y other applicable require ment of the CAA. Our analysis presented previously in this TSD demons trates that the TCEQ satisfied all procedural requirements pursuant to section 110(l).

Public participation in air quality permitting is a requirement of the CAA. EPA regulations at 40 CFR Part 51, sections 51.160 and 51.161 provide the general requirements that all air quality permits must address; sections 51.165(f)(5) a nd 51.166(w)(5) provide th e requirements specific to PAL permitting; and section 51.166(q) provides further public notice provisions specific to PSD permitting. As discussed prev iously in the TSD, EPA demons trates that the public notice processes as submitted by the TCEQ satisfy the minimum requirements of 40 CFR 51.160, 51.161, and where applicable, 51.165 and 51.166. Additi onally, the TCEQ provided an adequate demonstration to show that the Minor NSR public notice tiers and exemptions will assure the NAAQS are achieved and that the tiers and exemptions meet the de minimis principles set forth

in Alabama Power . Our review and analysis demonstrates that the submitted regulations are at least as stringent as the minimum federal requi rements and existing SIP requirements; and in some instances the Texas program provides not ice beyond the minimum fe deral requirements. The act of providing notice on air quality permit applications consistent with the provisions submitted by the TCEQ on July 22, 1998; October 25, 1999; July 2, 2010; and March 11, 2011 will provide more visibility and detail of the air permitting process. The Texas Public Participation SIP submittals satisfy section 110(l) of the CAA

### 162 V. Conclusion

The technical analysis provided in the preceding s ections has compared the applicable sections of the CAA and 40 CFR Part 51 to severable por tions of four revisions to the Texas SIP submitted on July 22, 1998, October 25, 1999, July 2, 2010, and March 11, 2011 for the establishment and implementation of the Texas public participation pr ogram for air quality permit applications. This analysis found that the adoption of the submitted revisions is consistent with the federal public notice requirements. It is recommended that a proposed approval of the following sections be published:

Section Title Texas Rule Project Number State
Submittal Date State Adoption

Date Rules Addressed in this
Action

30 TAC 39.402 – Applicability to Air Quality
Permits and
Permit
Amendments 2010-004-039-LS July 2, 2010 June 2, 2010 39.402(a)(1)-(3), (a)(6) proposed for approval

30 TAC 39.405 –
General Notice
Provisions 2010-004-039-LS July 2, 2010 June 2, 2010 39.405 (f)(3) and (g), (h)(1)(A), (h)(2)-(h)(4), (h)(6), (h)(8)-(h)(11), (i) and (j) proposed for approval

NOT IN SIP: 39.405(h)(1)(B)

30 TAC 39.407 – Mailing Lists 2010-004-039-LS July 2, 2010 Septembe r 2, 1999 39.407 resubmitted on July 2, 2010

30 TAC 39.409 –
Deadline for Public Comment, and Requests for Reconsideration,
Contested Case Hearing, or Notice
and Comment Hearing 2010-004-039-LS July 2, 2010 June 2, 2010 39.409 proposed for approval

30 TAC 39.411 –
Text of Public
Notice 99030-039-AD October 25,
1999 September 2, 1999 39.411(a) proposed for approval

2010-004-039-LS July 2, 2010 June 2, 2010 39.411(e)(1)-(4)(A)(i) and (iii), (4)(B), (5)(A) and (B), (6)-(10), (11) (A)(i), (iii) and (iv), (11)(B)-(F), (13) and (15), and (f)(1)-(8), (g) and (h) proposed for approval

30 TAC 39.418 – Notice of Receipt of Application and
Intent to Obtain 99030-039-AD October 25,
1999 September 2, 1999 39.418(b)(4) proposed for approval; note that this
section was renumbered to 39.418(b)(3) as a result of

### 163 Section Title Texas Rule Project Number State
Submittal Date State Adoption

Date Rules Addressed in this
Action

Permit the July 2010 submittal

2010-004-039-LS July 2, 2010 June 2, 2010 39.418(a), (b)(2)(A), (b)(3) and (c) Proposed for approval

30 TAC 39.419 –
Notice of Application and Preliminary
Decision 2010-004-039-LS July 2, 2010 June 2, 2010 39.419(e) proposed for approval

30 TAC 39.420 -
Transmittal of the
Executive
Director’s Response to
Comments and
Decision 2010-004-039-LS July 2, 2010 June 2, 2010 39.420(c)(1)(A) – (D)(i)(I) and (II), (D)(ii), (c)(2), (d)- (e) proposed for approval

30 TAC 39.601 – Applicability 2010-004-039-LS July 2, 2010 June 2, 2010 39.601 proposed for approval

30 TAC 39.602 –
Mailed Notice 2010-004-039-LS July 2, 2010 June 2, 2010 39.602 proposed for approval

30 TAC 39.603 – Newspaper Notice 2010-004-039-LS July 2, 2010 June 2, 2010 39.603 proposed for approval

30 TAC 39.604 – Sign-Posting 2010-004-039-LS July 2, 2010 June 2, 2010 39.604 proposed for approval

30 TAC 39.605 –
Notice to Affected Agencies 2010-004-039-LS July 2, 2010 June 2, 2010 39.605 proposed for approval

30 TAC 55.150 – Applicability 2010-004-039-LS July 2, 2010 June 14, 2006 55.150 was adopted in 2006 but submitted as part of the 2010 SIP package

30 TAC 55.152 –
Public Comment
Period 99030-039-AD October 25,
1999 September 2, 1999 55.152(b) proposed for approval

2010-004-039-LS July 2, 2010 June 2, 2010 Subsections 55.152(a)(1), (2), (5) and (6) proposed for approval

30 TAC 55.154 – Public Meetings 2010-004-039-LS July 2, 2010 June 2, 2010 Subsections 55.154(a), (b), (c)(1)-(3) and (5), (d)-(g) proposed for approval

30 TAC 55.156 –
Public Comment Processing 2010-004-039-LS July 2, 2010 June 2, 2010 Subsections 55.156(a), (b), (c)(1), (e) and (g) proposed for approval

30 TAC 116.111 –
General Application 99030-039-AD October 25,
1999 September 2, 1999 116.111(b) proposed for approval

30 TAC 116.114 – Application 99030-039-AD October 25,
1999 September 2, 1999 116.114(a)(2), (a)(2)(A), (a)(2)(B), (b)(1), and (c)(1)-

### 164 Section Title Texas Rule Project Number State
Submittal Date State Adoption

Date Rules Addressed in this
Action

Review Schedule (3) proposed for approval

2010-004-039-LS July 2, 2010 June 2, 2010 116.114(a)(2)(B), (a)(2)(C), (c)(2) and (c)(3) proposed for approval

30 TAC 116.116 – Changes to
Facilities 99030-039-AD October 25,
1999 September 2, 1999 116.116(b)(4) proposed for approval

30 TAC 116.124 –
Public Notice of Compliance History 98001-116-AI July 22, 1998 SECTION

REPEALED SECTION REPEALED

30 TAC 116.194 -
Public Notification
and Comment 2005 – 010 – 116 –

PR February 1,

2006 January 11, 2006 Disapproved by EPA September 15, 2010. See 75

FR 56424

2010-004-039-LS July 2, 2010 June 2, 2010 116.194(a) and (b) proposed for approval

2010-008-116-PR March 11, 2011 January 11, 2006 Resubmittal of the January 11, 2006 adoption of
116.194

30 TAC 116.312 –
Public Notification
and Comment

Procedures 98001-116-AI July 22, 1998 June 17, 1998 Repealed previous 116.312 that was SIP approved; New adoption of 116.312 proposed for approval

99030-039-AD October 25,
1999 September 2, 1999 Revised to cross-reference Chapter 39 procedures



### EPA is proposing to approve provisions at 30 TAC 39.411(f)(8)(A) and 39.605(1)(D) that will replace two provisions of the Te xas PSD SIP Supplement. Upon finalization of this action, it is recommended that the table at 40 CFR 52.2270(e) be revised to reflect these approvals.

Note that EPA is severing and taking no action on the following sections. It is recommended that the amendatory language table at 40 CFR 52.2270 cl early identify that the following are not in
the Texas SIP.

 39.402(a)(4)

 39.402(a)(5)

 39.402(a)(10)

 39.402(a)(12)

 39.405(h)(1)(B)

 39.419(e)(3)

 39.420(h)

 116.111(a)(2)(K)

 116.116(b)(3).