Technical Support Document 

Texas Chapter 116 – Control of Air Pollution by Permits for New 

Construction or Modification 

Subchapter B – New Source Review Permits 

Division 1 – Permit Application 

§116.114 

Rule Project Numbers: 

2007-023-116-PR 

2003-003-116-AI 

 

January 29, 2010 

FOR FURTHER INFORMATION CONTACT: Ms. Melanie Magee, United States 

Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross 

Avenue, Dallas, Texas 75202-2733, (214) 665-7161. 
Subject: Direct Final Approval of the Revisions to the Application Review 

Schedule, 30 TAC Chapter 116, Subchapter B, Division 1, Section 116.114 

Contents: 

I. Executive Summary 

II. Background 

III. Summary of State Submittals 

IV. Technical Review of State Submittals 

V. Recommended Agency Action 
I. Executive Summary 

On September 25, 2003 and January 24, 2008, the Texas Commission on Environmental 

Quality (TCEQ) submitted proposed revisions to the Texas State Implementation Plan 

(SIP) concerning the Application Review Schedule, 30 TAC Chapter 116, Subchapter B, 

Division 1, Section 116.114. The TCEQ adopted revisions on August 20, 2003 to 

address requirements related to the voiding of an application for a permit or permit 

amendment. On December 19, 2007, TCEQ also adopted revisions to include the 

requirements of House Bill (HB) 3732 relating to the specific deadlines for review and 

issuance of air permits for Advanced Clean Energy Projects (ACEP). The Chairman of 

the TCEQ, Robert Huston and Buddy Garcia, submitted these provisions as SIP revisions 

for TCEQ rule project numbers 2003-003-116-AI and 2007-023-116-PR, respectively. 

With this review, EPA will determine if the state adopted revisions to the Application 

Review Schedule provisions will improve air quality, comply with the Clean Air Act and 

EPA regulations, and be consistent with EPA’s policies. This review will not cover the 

severable revisions to section 116.114 which were submitted by TCEQ to EPA on 

October 25, 1999. The October 25, 1999 revisions are not being reviewed in this 

document because EPA is currently reviewing this submittal in a separate action 

(November 26, 2008 (73 FR 72001)). 

II. Background 

The Texas air pollution control rules for the Application Review Schedule were 

originally approved into the Texas SIP on September 18, 2002 (67 FR 58709) and are 

found at 30 TAC Chapter 116, Subchapter B. Since EPA’s approval on September 18, 

2002, TCEQ submitted revisions to section 116.114 on October 25, 1999. The purpose 

of those revisions was to streamline and format section 116.114 to match the previous 

requirements related to public participation listed in Chapter 39, Public Notice. A 

Limited Approval and Limited Disapproval (LALD) was proposed on November 26, 

2008 (73 FR 72001) for the section 116.114 revisions submitted to EPA on October 25, 

1999. Therefore, this review will not evaluate the severable section 116.114 revisions 

submitted on October 25, 1999. 

TCEQ has since adopted revisions to section 116.114 on August 20, 2003 and December 

19, 2007 and submitted these revisions to EPA on September 25, 2003 and January 24, 

2008, respectively. The September 25, 2003 and January 24, 2008 rule revisions have 

been determined to be severable from the October 25, 1999 revisions. The September 25, 

2003 submittal proposes changes to the provisions related to voiding deficient permit 

applications. The January 24, 2008 SIP submittal revises provisions in section 116.114 to 

implement the requirements of House Bill (HB) 3732, 80th Legislature (2007), and the 

Texas Health and Safety Code, section 382.0566, concerning specific deadlines for 

review and issuance of air permits for ACEP. 
III Summary of State Submittals 

A. Current SIP. The provisions for section 116.114, Application Review 

Schedule were submitted to EPA by the Texas Natural Resource Conservation 

Commission (TNRCC) on June 17, 1998 and became effective on July 8, 

1998. EPA approved the submitted revisions on September 18, 2002 (67 FR 

58697) and became effective on October 18, 2002. 

B. October 25, 1999, SIP Submittal. Texas submitted to EPA a revision to 

section 116.114 (state adopted September 2, 1999, effective September 23, 

1999). With this revision, the application notification requirements were 

streamlined and formatted to match the previous requirements listed in 

Chapter 116. On November 26, 2008 (73 FR 72001), EPA proposed a 

simultaneous LALD of the submittal and a final action on these provisions 

have not been taken to date. Because the proposed SIP submittal revisions are 

severable and unrelated to this action, this review will not evaluate or include 

these revisions to this analysis. 

C. September 25, 2003, SIP Submittal. Texas submitted a revision to section 

116.114 (adopted August 20, 2003, effective September 14, 2003) requiring 

that amended section 116.114 to state that an application for a permit or 

permit amendment be voided in the event deficient information supplied with 

the application is not corrected. If an applicant fails to make a good faith 

effort to provide the required information after two written notifications of the 

deficiency, the Executive Director shall void the application and notify the 

applicant. To pursue the project, the applicant shall submit an entirely new 

application with a new form. The new application shall be subject to the state 

and federal rules and regulations in place at the time of submittal. If a new 

application is submitted within six months of the voidance of the original 

application, the application shall be exempt from the fee requirements under 

section 116.140, Applicability. However, the applicant must go through a 

new technical review and republish public notice. 

Comments Received. The comment period for this rulemaking closed on 

August 12, 2002. The TCEQ received one oral comment and 35 written 

comments. The SIP submittal included a copy of all comments received and 

the response to each. EPA Region 6 did submit a comment letter for this SIP 

package. However, the comments did not reference concerns with the 

proposed section 116.114. 

D. January 24, 2008, SIP Submittal. Texas submitted a revision to section 

116.114 (adopted December 19, 2007, effective January 10, 2008) to 

implement provisions of House Bill (HB) 3732 and Texas Health and Safety 

Code (THSC), section 382.0566. The amendment also revises section 

116.114(a) to add deadlines associated with the review of Advanced Clean 
Energy Projects (ACEP) permit applications. The amendment revises section 

116.114 by adding a new paragraph (a)(3) and redesignates the existing 

paragraph (a)(3) to paragraph (a)(4). The new paragraph (a)(3) establishes a 

review schedule for processing permit for the ACEP. 

Comments Received. The comment period for this rulemaking closed on 

September 24, 2007. The TCEQ received no oral comments; however, 

written comments were received from the following: City of Dallas and City 

of Houston, Clean Coal Technology Foundation of Texas, Jackson Walker, 

L.L.P. on behalf of the Gulf Coast Lignite Coalition, Texas Commission on 

Environmental Quality Office of Public Interest Counsel, Texas Mining and 

Reclamation Association, and EPA Region 6. The SIP submittal included a 

copy of all comments received and the response to each. 

The EPA Region 6 comment letter indicated general support for the proposed 

amendment concerning the deadlines for ACEP permit applications. 

However, EPA also commented that, although the term ACEP is defined in 

the Texas Health and Safety Code, it would be helpful to include a definition 

of ACEP in the proposed rules. EPA also commented that the proposed 

revision to section 116.114 cannot be processed until the TCEQ has addressed 

EPA’s concerns with the October 25, 1999 SIP revision. The commission 

responded that it would not be changing the rule in response to EPA’s 

comments. 

The preamble to section 116.114 references the definition of ACEP as defined 

in House Bill 3732. Under this definition, an ACEP must meet the following 

criteria: 1) an application for a permit is filed on or after January 1, 2008, and 

before January 1, 2020; 2) the project involves the use of coal, biomass, 

petroleum coke, solid waste, or fuel cells using hydrogen derived from such 

fuels, in the generation of electricity, or the creation of liquid fuels outside of 

the existing fuel production infrastructure while co-generating electricity; 3) 

the project is capable of achieving on an annual basis a 99 percent or greater 

reduction in mercury emissions, and a nitrogen oxides emission rate of 0.05 

pounds or less per million British thermal units; and 4) the project renders 

carbon dioxide capable of capture, sequestration, or abatement if any carbon 

dioxide is produced. Although the inclusion of the ACEP definition would 

provide more clarity, we believe that the inclusion of the definition contained 

in the Texas Health and Safety Code section 382.003, Definitions will provide 

the necessary background information. 

IV. Technical Review of the State Submittal 

The technical review of the September 25, 2003 and January 24, 2008 proposed SIP 

revisions consists of four elements of review. The elements considered during this 

review are contained in the Appendices and include the following. 
Appendix A. Evaluation of the September 25, 2003 and January 24, 2008 SIP 

submittals with respect to Part 51, Appendix V Completeness 

Determination 

Appendix B. Evaluation of the September 25, 2003 and January 24, 2008 SIP 

submittals with respect to the requirements of 40 CFR Part 51 

Appendix C. Evaluation of the September 25, 2003 and January 24, 2008 SIP 

submittal with respect to section 110(l) of the Clean Air Act. 

Appendix D. Review of Proposed Revisions against the SIP Approved 

Regulations 

The Part 51, Appendix V Completeness Determination sets forth the minimum criteria 

for determining whether a submitted SIP is an official submission for purposes of review. 

The Review with Respect to Part 51 is presented as a section-by-section review of the 

submittal in comparison to 40 CFR Part 51. This analysis is used to determine whether 

the submittal satisfies the requirements for preparation, adoption, and submittal of a SIP 

revision. Section 110(l) of the Clean Air Act states that a SIP revision must not interfere 

with attainment or reasonable further progress or any other applicable requirement of the 

Act. To demonstrate compliance with section 110(l) a review has been completed for the 

proposed SIP revisions. Finally, a word-by-word comparison of the current SIP approved 

section and the proposed SIP revisions are included in the section entitled “Review of 

Proposed Revisions against the SIP Approved Regulations.” From this Technical 

Review, the basis is formed for the determination of whether or not the September 25, 

2003 and January 24, 2008 SIP submittals were in agreement with the CAA and other 

EPA policies or guidance. 

V. Recommended Agency Action 

The technical analysis provided in the preceding sections has compared the applicable 

sections of the CAA and 40 CFR Part 51 to TCEQ’s September 25, 2003 and January 24, 

2008 proposed revisions to the SIP, enacted at 30 TAC Chapter 116, Subchapter B, 

Division 1, Section 116.114. 

This analysis found that the adoption of the revisions to section 116.114 is consistent 

with the CAA and 40 CFR Part 51. EPA Region 6 is proposing to take a direct final 

action to approve the revisions to section 116.114 that were state adopted on August 20, 

2003 and December 19, 2007 and submitted to EPA on September 25, 2003 and January 

24, 2008. This review did not cover the section 116.114 revisions submitted by TCEQ to 

EPA on October 25, 1999. The October 25, 1999 revisions are not being reviewed in this 

document because EPA is currently reviewing this submittal in a separate action 

(November 26, 2008 (73 FR 72001)). 
Appendix A. Evaluation of the September 25, 2003 and January 24, 2008 SIP 

submittals with respect to Part 51, Appendix V Completeness Determination 

Appendix V of 40 CFR Part 51 outlines the minimum criteria for determining 

whether a State implementation plan is considered an official submission for purposes of 

review under section 51.103. The attached checklist outlines the basic criteria included 

under 2.1 and 2.2 of Appendix V. However, Section 2.3 of Appendix V describes the 

“parallel process procedure” which EPA had previously adopted to expedite the review of 

plans. This feature is being deleted from the next revised CFR on completeness. 

Therefore, it is not included in the checklist. 
SIP Completeness Checklist 

Rule Log No.: 2003-003-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal 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 Robert Huston, Chairman of the Texas 

Natural Resource Conservation Commission, dated September 25, 2003. Governor Rick 

Perry designated that the Chairman of the Texas Natural Resource Conservation 

Commission would be his designee for SIP submittals in a letter dated May 21, 2002. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

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

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

The revisions were adopted by the Texas Commission on Environmental Quality 

(formerly the Texas Natural Resource Conservation Commission) on August 20, 2003 

and became effective September 14, 2003. 

3. Evidence is included that the State has necessary legal authority under State law 

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

The authority for promulgating changes to the Texas State Implementation Plan is found 

in 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 including an indication of the changes made 

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

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

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

regulation document shall, whenever possible, be indicated in the document itself. 

The September 25, 2003, submittal included a copy of the official State regulation 

document, signed, stamped, and dated by Robert J. Huston, Chairman of the Texas 

Natural Resource Conservation Commission. 
5. Evidence is included that the State followed all the procedural requirements of its 

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

plan. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

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 copies of any public notices published in 

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

Notices of public hearing were published on March 23, 2003 in the Fort Worth StarTelegram and March 24, 2003 in the Austin American Statesman and the Houston 

Chronicle. 

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

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

constitution, if applicable. 

The order adopting the new and amended section to 30 TAC Chapter 116 provided 

evidence that the public hearing was conducted pursuant to Texas Health and Safety 

Code §382.017 and §51.102. 

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

The SIP submittal package did include a compilation of public comments and the State’s 

responses. The TCEQ received 7 written comments and no oral comments from the 

public hearing. 

Technical Support (2.2) 

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

package. 

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

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Application Review Schedule under Chapter 116. 

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

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

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 
3. Quantification of the changes in SIP allowable emissions from the affected 

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

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

emissions from affected sources through calculations of the differences between certain 

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

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

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

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

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. The 

State’s response to comments addressed concerns about the protection of the NAAQS and 

PSD increments associated with the proposed SIP revisions. However, the state did not 

include a demonstration. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

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

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

equipment designs, reformulated materials, etc.). 

Evidence of emission limitations based on CEM technology is not applicable. 

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

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

emission levels. 
Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

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

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

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

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of Rule Log No.: 2003-003-116-AI meets the completeness 

criteria. 
SIP Completeness Checklist 

Rule Log No.: 2007-023-116-PR 

When preparing a SIP revision request, the SIP reviewer should go through this list to 

help identify that the package submitted to EPA is complete. States can use the check list 

to assure SIP submittals meet Appendix V criteria. 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal 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 Buddy Garcia, Chairman of the Texas 

Commission on Environmental Quality, dated January 24, 2008. Governor Rick Perry 

designated that the Chairman of the Texas Commission on Environmental Quality would 

be his designee for SIP submittals in a letter dated May 21, 2002. 

2 Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent agreement 

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

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

The revisions were adopted by the Texas Commission on Environmental Quality on 

December 19, 2008 and became effective January 10, 2008. 

3. Evidence is included that the State has necessary legal authority under State law 

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

The authority for promulgating changes to the Texas State Implementation Plan, Chapter 

116 section 114 – Application Review Schedule is found in 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 including an indication of the changes made 

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

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

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

regulation document shall, whenever possible, be indicated in the document itself. 

The January 24, 2008 submittal included a copy of the official State regulation document, 

signed, stamped, and dated by Buddy Garcia, Chairman of the Texas Commission on 

Environmental Quality. 
5. Evidence is included that the State followed all the procedural requirements of its 

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

plan. 

The authority for promulgating changes to the Texas State Implementation Plan is found 

in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

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 copies of any public notices published in 

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

Notices of public hearing were published on August 23, 2007 in the Austin American – 

Statesman, August 24, 2007 in the Fort Worth Star – Telegram and August 24, 2007 in 

the Houston Chronicle. 

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

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

constitution, if applicable. 

A public hearing for the revised sections to 30 TAC Chapter 116.114 was held September 

24, 2007 and was conducted pursuant to Texas Health and Safety Code §382.017 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 public comments and the State’s 

responses. The TCEQ received written comments from the following: City of Dallas and 

City of Houston, Clean Coal Technology Foundation of Texas, Jackson Walker, L.L.P. on 

behalf of the Gulf Coast Lignite Coalition, Texas Commission on Environmental Quality 

Office of Public Interest Counsel, Texas Mining and Reclamation Association, and EPA 

Region 6. 

In general, most of the written comments received by TCEQ were supportive of the 

proposed amendment concerning the deadlines for ACEP permit applications. 

 

Technical Support (2.2) 

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

package. 

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

This is not applicable to the SIP revision under review. This SIP revision addresses the 

Application Review Schedule for the NSR and PSD permitting programs under Chapter 

116. 
2. Identification of the locations of affected sources including the EPA 

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

plan for the affected area(s) is included. 

This SIP revision applies to new construction and major modifications statewide. 

3. Quantification of the changes in SIP allowable emissions from the affected 

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

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

emissions from affected sources through calculations of the differences between certain 

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

Quantification of the changes in SIP allowable emissions from the affected sources is not 

applicable to this SIP revision. 

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

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

implemented. 

The SIP submittal does include revisions to the PSD and NSR permitting programs. 

However, the SIP revision only implements the deadlines for TCEQ’s review of ACEP 

applications. The rule does not add or remove any requirements that would adversely 

affect the NAAQS and PSD increments or visibility. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the propose revision. 

Modeling information is not necessary to support the SIP revision. 

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

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

equipment designs, reformulated materials, etc.). 
Evidence of emission limitations based on CEM technology is not applicable. 

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

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

emission levels. 

Enforceability is determined on a case-by-case basis in each individual permit. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

Determination of compliance is specified on a case-by-case basis in each individual 

permit. 

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

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

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

justification. 

These justifications are not necessary for this SIP revision. 

The SIP submittal of Rule Log No.: 2007-023-116-PR meets the completeness 

criteria. 
Appendix B. Evaluation of the September 25, 2003 and January 24, 2008 SIP 

submittals with respect to the requirements of 40 CFR Part 51

Requirements for the preparation, adoption, and submittal of implementation plans can be 

found in 40 CFR Part 51. The revisions to Chapter 116.114 –Application Review 

Schedule were evaluated against the applicable requirements in Part 51. The analysis is 

included in Table 1 below. 

Table 1: Analysis of Part 51 Requirements 

Part 51-Requirements for 

Preparation, Adoption, and 

Submittal of Implementation Plans 

§116.114 Application Review 

Schedule 

Submitted 9/25/03

§116.114 Application Review 

Schedule 

Submitted 1/24/08

Subpart A – Emission Inventory 

Reporting Requirements 

Requirements found in Part 51 

Subpart A are not applicable to 

the section under review in this 

document. The revisions to 

§116.114 provides for the 

voiding of an application of a 

permit or permit amendment in 

the event of deficient 

information supplied with the 

application and are not 

concerned with emission 

inventory reporting 

requirements for TCEQ. 

Requirements found in Part 51 

Subpart A are not applicable to 

the section under review in this 

document. The revisions to 

§116.114 implements the 

requirements of House Bill 

3732, 80th Legislature (2007), 

and Texas Health and Safety 

Code, §382.0566, concerning 

the specific deadlines for review 

and issuance of air permit for 

Advanced Clean Energy 

Projects. 

Subpart B – E [Reserved] Not Applicable Not Applicable 

Subpart F – Procedural 

Requirements 

 

§51.100 Definitions §51.100 is not applicable to the 

§116.114 under review in this 

TSD. 

No Change 

§51.101 Stipulations §51.101 is not applicable to the 

§116.114 under review in this 

TSD. 

No Change

§51.102 Public Hearings 

• States must conduct one or 

more public hearings; 

• Public hearings will only 

be held after reasonable 

notice, given at least 30 

days prior to the date of 

the hearing; and 

• The state must submit with 

the revision a certification 

that the hearing was held 

in accordance with this 

section. 

Rule Log No 2003-003-116-AI

• TCEQ held a public hearing 

on this rule package in 

Austin, Texas on April 24, 

2003. 

• The public hearing was held 

after reasonable notice was 

given. TCEQ published 

notice of the public hearing in 

the following newspapers on 

the dates listed below for this 

rule package: 

• Austin American Statesman 

–March 24, 2003; 

• Fort Worth Star Telegram –

March 23, 2003; 

• Houston Chronicle – March 

24, 2003. 

Rule Log No 2007-023-116-PR 

• TCEQ held a public hearing 

on this rule package in 

Austin, Texas on September 

24, 2007. 

• The public hearing was held 

after reasonable notice was 

given. TCEQ published 

notice of the public hearing in 

the following newspapers on 

the dates listed below for this 

rule package: 

• Austin AmericanStatesman – August 23, 

2007 

• Fort Worth Star Telegram 

– August 24, 2007; 

• Houston Chronicle – 
• Unable to locate the 

certification that the public 

hearings were held in 

accordance with §51.102. 

August 24, 2007 

• Unable to locate the 

certification that the public 

hearings were held in 

accordance with §51.102 

§51.103 Submission of plans, 

preliminary review of plans 

• The state makes an official 

plan submission to EPA 

only when the submission 

conforms to the 

requirements of Part 51, 

Appendix V 

• The state delivers 5 copies 

of the plan with a letter 

giving notice of the action 

to the EPA regional office. 

The rule package meets the 

requirements for completeness. 

The rule package meets the 

requirements for completeness. 

§51.104 Revisions 

• States may revise the plan 

from time to time 

• EPA will approve revisions 

only after appropriate 

public hearing 

requirements have been 

met; 

• Revisions must be 

submitted in accordance 

with §51.103. 

Robert Huston, Chairman of the 

TCEQ, submitted the Chapter 

116 revisions on September 30, 

2003 as a SIP revision. 

Buddy Garcia, Chairman of the 

TCEQ submitted Chapter 116 

revisions on January 24, 2008 

as a SIP revision. 

Subpart G – Control Strategy Requirements found in 51, 

Subpart G are not applicable to 

the section under review in this 

document. The revisions to 

§116.114 provides for the 

voiding of an application of a 

permit or permit amendment in 

the event of deficient 

information supplied with the 

application and is not concerned 

with control strategies 

necessary to attain or maintain 

NAAQS. 

Requirements found in 51, 

Subpart G are not applicable to 

the section under review in this 

document. The revisions to 

§116.114 implements the 

requirements of House Bill 

3732, 80th Legislature (2007), 

and Texas Health and Safety 

Code, §382.0566, concerning 

the specific deadlines for review 

and issuance of air permit for 

Advanced Clean Energy 

Projects. 

Subpart H – Prevention of Air 

Pollution Emergency Episodes 

Requirements found in 51, 

Subpart H are not applicable to 

the section under review in this 

document. The revisions to 

§116.114 provides procedures 

for the voiding of an application 

of a permit or permit 

amendment in the event of 

deficient information supplied 

with the application and is not 

concerned with air pollution 

emergency episode plans. 

Requirements found in 51, 

Subpart H are not applicable to 

the section under review in this 

document. The revisions to 

§116.114 implements the 

requirements of House Bill 

3732, 80th Legislature (2007), 

and Texas Health and Safety 

Code, §382.0566, concerning 

the specific deadlines for review 

and issuance of air permit for 

Advanced Clean Energy 

Projects. 

Subpart I – Review of New Sources 
and Modifications 

§51.160 Legally Enforceable 

Procedures 

EPA has approved the 

nonattainment and PSD 

portions of the TCEQ 

permitting program as sufficient 

to determine whether the 

proposed construction or 

modification results in a 

violation of the control strategy 

and/or attainment or 

maintenance of the NAAQS. 

Therefore, TCEQ has the 

necessary legal authority to 

implement and enforce the 

permit revision procedures in 

accordance with the 

requirements of the CAA.

No Change

§51.161 Public availability of 

information 

The TCEQ provided the public 

the opportunity to participate in 

stakeholder meetings in the 

rulemaking development 

process, and the public received 

comment periods on the 

proposed plan. 

No Change

§51.162 Identification of 

responsible agency 

The Texas SIP identifies the 

Texas Commission on 

Environmental Quality (TCEQ) 

as the organization that will 

develop, implement, and 

enforce the SIP. 

No Change

§51.163 Administrative Procedures Texas enforcement provisions 

are not typically included in 

individual rules but are 

separately codified. TCEQ has 

the necessary legal authority to 

implement and enforce the 

permit revision procedures in 

accordance with the 

requirements of the CAA. 

No Change

§51.164 Stack Height Requirements Requirements found in §51.164 

are not applicable to the 

sections under review in this 

document. 

No Change

§51.165 Permit Requirements The TCEQ Program for the 

Control of Air Pollution by 

Permits for New Construction 

or Modification (Chapter 116 – 

PSD/NNSR Review) has been 

previously approved by EPA as 

addressing all requirements of 

§51.165. The revision to the 

SIP – §116.114 does not 

substantively change our 

determination that the TCEQ 

Program for the Control of Air 

Pollution by Permits for New 

No Change
Construction or Modification 

addresses the requirements of 

§51.165. 

§51.166 Prevention of Significant 

Deterioration of Air Quality 

The TCEQ Program for the 

Control of Air Pollution by 

Permits for New Construction 

or Modification (Chapter 116 – 

PSD/NNSR Review) has been 

previously approved by EPA as 

addressing all requirements of 

§51.166. The revision to the 

SIP – §116.114 does not 

substantively change our 

determination that the TCEQ 

Program for the Control of Air 

Pollution by Permits for New 

Construction or Modification 

addresses the requirements of 

§51.166. 

No Change

Subpart J – Ambient Air Quality 

Surveillance

Requirements found in 51, 

Subpart J are not applicable to 

the sections under review in this 

document. 

No Change

Subpart K – Source Surveillance Requirements found in 51, 

Subpart K are not applicable to 

the sections under review in this 

document. 

No Change

Subpart L – Legal Authority The revisions to Chapter 116 

were developed and submitted 

in accordance with the Texas 

Clean Air Act, Chapter 382 of 

the Texas Health and Safety 

Code. The Texas Health and 

Safety Code and the 

enforcement provisions in the 

Texas Water Code provide 

TCEQ the necessary legal 

authority to implement the SIP. 

No Change

Subpart M – Intergovernmental 

Consultation 

Requirements found in 51, 

Subpart M are not applicable to 

the section under review in this 

document. 

No Change

Subpart N – Compliance Schedule Requirements found in 51, 

Subpart N are not applicable to 

the sections under review in this 

document. 

No Change

Subpart O – Miscellaneous Plan 

Content Requirements 

• Each plan must include a 

description of resources 

available to the State at the 

date of the submittal of the 

plan and during the next 5-

years. 

• Copies of all rules and 

• During the development of 

the Chapter 116 SIP 

revisions, the TCEQ 

determined that their fiscal 

and manpower resources are 

adequate and will not be 

adversely affected through 

the implementation of the 

revisions to the New Source 

No Change
regulations that are 

necessary to attain and 

maintain the NAAQS must 

be submitted. 

• Each plan must provide for 

public notification when a 

standard has been violated. 

Review Permitting Program. 

This analysis is documented 

in the preamble to the 

proposed and final 

rulemakings. 

• The revisions to § 116.114 do 

not establish new emission 

limits or control strategies, 

therefore it is not necessary 

that a copy of all rules and 

regulations related to 

attaining or maintaining the 

NAAQS be submitted. 

• Additionally, while 

permitting procedures for 

major sources and 

modifications are contained 

in §116.114, the revisions in 

this SIP submittal do not 

revise the public notice 

aspects of the permit 

programs. Therefore it is not 

necessary for this SIP 

submittal to establish 

procedures whereby the 

public will be notified of 

NAAQS violations.

Subpart P- Protection of Visibility The §116.114 revisions are not 

submitted as part of Texas’ plan 

to protect visibility. 

No Change

Subpart Q – Reports The §116.114 revisions do not 

revise the existing reporting 

requirements for the emission 

inventory in the Texas SIP. 

No Change

Subpart R – Extensions The §116.114 revisions are not 

a request for an 18-month 

extension. 

No Change

Subpart S – 

Inspection/Maintenance Program 

Requirements 

Requirements found in 51, 

Subpart S are not applicable to 

the section under review in this 

document. 

No Change

Subpart T – Conformity to State or 

Federal Implementation Plans of 

Transportation Plans, Programs, 

and Projects Developed, Funded, or 

Approved Under Title 23 U.S.C. or 

the Federal Transit Laws 

The §116.114 revisions do not 

interfere with or change the 

transportation conformity 

budgets developed for each 

nonattainment and maintenance 

area pursuant to Subpart T. 

No Change

Subpart U – Economic Incentive 

Programs 

Requirements found in 51 

Subpart U are not applicable to 

the sections under review in this 

document. Subpart U 

establishes requirements for 

statutorily mandated EIPs. 

No Change

Subpart W – Determining 

Conformity of General Federal 

The §116.114 revisions do not 

change or modify the Texas 

No Change
Actions to State or Federal 

Implementation Plans 

procedures used to determine 

conformity of federal actions, 

consistent with subpart W. 

Subpart X – Provisions for 

Implementation of 8-Hr Ozone 

NAAQS 

Requirements found in 51 

Subpart X are for the 

implementation of the 8-hour 

ozone NAAQS. The §116.114 

revisions do not change the 

implementation of the 8-hour 

ozone NAAQS. 

No Change

Subpart Y – Mitigation 

Requirements 

The §116.114 revisions do not 

create procedures by which 

Texas could exclude air quality 

data due to exceptional events. 

No Change

Subpart Z – Provisions for 

Implementation of PM2.5 National 

Ambient Air Quality Standards 

Requirements found in 51 

Subpart Z are for the 

implementation of the PM2.5 

NAAQS. The §116.114 

revisions do not establish 

procedures for implementing 

the PM2.5 NAAQS. 

No Change
Appendix C. Evaluation of the September 25, 2003 and January 24, 2008 SIP 

Submittals with respect to section 110(l) of the Clean Air Act. 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted 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 reasonable 

further progress (as defined in section 171), or any other applicable requirement 

of this Act. 

Thus, under section 110(l), this SIP revision must not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. 

 

In this review, the revisions to section 116.114, Application Review Schedule, that were 

submitted to EPA on September 25, 2003 and January 24, 2008 were only included in 

this analysis. The provisions submitted on September 25, 2003 amend section 116.114 to 

state that an application for a permit or permit amendment will be voided in the event 

deficient information that was supplied with the application was not corrected. TCEQ 

also submitted a revision to section 116.114 to implement provisions of House Bill (HB) 

3732 and Texas Health and Safety Code (THSC), section 382.0566 on January 24, 2008. 

The reviewed revisions to the Application Review Schedule provisions will not interfere 

with attainment or reasonable further progress or any other applicable requirement of the 

Act because the revisions update and clarify the existing section 116.114. These 

revisions are non-substantive and will not interfere with the SIP-approved functionality 

of the Application Review Schedule which has already been demonstrated to be 

consistent with section 110(l) through our September 18, 2002 approval. 
 Appendix D. Review of Proposed Revisions against the SIP Approved Regulations 

§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 (a) Review schedule. The executive director shall review permit applications in accordance with the following. 

No Change No Change No Change 

(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. 

No Change No Change No Change 

(A) If the application is deficient, the notification must state: 

No Change No Change No Change 

(i) the additional information required; and 

No Change No Change No Change 

(ii) the intent of the executive director to void the application if the information for a complete application is not submitted. 

No Change No Change No Change 

(B) Additional information may be requested within 60 days of receipt of the information provided in response to the deficiency notification. 

No Change No Change No Change 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 (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: 

(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: 

No Change No Change 

(A) 180 days of receipt of a completed permit application; or

(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 

No Change No Change 

(B) 150 days of receipt of a permit amendment or special permit amendment.

(B) if no requests for public hearing or public meeting on the proposed facility have been received or the application is otherwise exempt under 

No Change No Change 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 

§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(d) of this title (relating to Notice of Application and Preliminary Decision), 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).

No Change No Change 

(3) Refund of permit fee No Change (3) Refund of permit fee. (3) Review schedule for Adv

Clean Energy Projects. In adto the applicable requiremendeadlines specified in subsec(a)-(c) of this section, the following deadlines apply to permit applications for advanclean energy projects as defiTexas Health and Safety Cod§382.003, Definitions:
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 (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. 

No Change (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. 

(A) As authorized by federal 

not later than nine months afthe executive director declarapplication for a permit undechapter for an advanced cleaenergy project to be administratively complete, thexecutive director shall compits technical review of the application. 

(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 the Texas Civil Statutes, Article 6252-13b.1, §3. 

No Change (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. 

(B) The commission shall iss

final order issuing or denyinpermit not later than nine moafter the executive director declares the application technically complete. The commission may extend this deadline up to three months determines that the number ocomplex pending applicationpermits under this chapter wprevent the commission from meeting this deadline withoucreating an extraordinary buron the resources of the commission. 

 (4) Refund of permit fee 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 

(A) If the time limits providethis section to process an application are exceeded, the applicant may appeal in writthe executive director for a rof the permit fee. 

(B) The permit fee shall be reimbursed if it is determined the executive director that thspecified period was exceedewithout good cause, as proviTexas Civil Statutes, Article 13b.1, §3. 

(b) Voiding of deficient application 

No Change No Change No Change 

(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 notification issued by the executive director under the provisions of this section, or §116.131 of this title 

(relating to Public Notification 

Requirements). 

(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 notification issued by the executive director under the provisions of this section, or Chapter 39 of this title (relating to 

Public Notice). 

No Change No Change 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 (2) If an applicant fails to make such good faith effort, the executive director shall void the application and notify the applicant. If the application is resubmitted within six months of the voidance, it shall be exempt from the requirements of §116.140 of this title (relating to Applicability). 

(2) If an applicant fails to make such good faith effort, the executive director shall void the application and notify the applicant. If the application is 

resubmitted within six months of 

the voidance, it shall be exempt from the requirements of §116.140 of this title (relating to Applicability). 

(2) If an applicant fails to make such good faith effort, the executive 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). 

(2) If an applicant fails to masuch good faith effort after tw

written notices of deficiency

executive director shall void application and notify the applicant of the voidance and remaining deficiencies in the voided application. If a new application is submitted withmonths of the voidance, it shmeet the requirements of §116.111 of this title (relatinGeneral Application) but wilexempt from the requiremen§116.140 of this title (relatinApplicability). 

(c) Notification of executive 

director’s decision. 

No Change No Change 

(1) Notification to Applicant. The 

executive director or the chief clerk shall send to the applicant the decision to approve or not approve the application if:

No Change No Change 

(A) no timely requests for 

reconsideration, contested case hearing, or public meeting on the proposed facility have been received; or

No Change No Change 

(B) if hearing requests have been 

received and withdrawn before the executive director’s Preliminary Decision; or

No Change No Change 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 

(C) the application is for any 

amendment, 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

No Change No Change 

(D) the applicant has satisfied all 

public notification requirements of Chapter 39 of this title.

No Change No Change 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 

(2) Notification to commenters. 

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 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.

No Change No Change 

(3) Time Limits. The executive 

director shall send notification of final action within:

No Change No Change 

(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;

(A) one year after receipt of a complete prevention of 

significant deterioration or 

nonattainment permit application, or a complete permit application for an action under Subchapter C of this 

No Change 
§116.114 – Application Review Schedule 

Current SIP Proposed LALD Pending SIP Revisions 

Submitted 7/22/98 Submitted 10/25/99 Submitted 9/25/03 Submitted 1/24/08 

chapter; 

(B) 180 days of receipt of a 

completed permit or permit renewal application; or

No Change No Change 

(C) 150 days of receipt of a permit

amendment or special permit 

amendment application.

No Change No Change