TECHNICAL SUPPORT DOCUMENT 

Revisions to the Texas State Implementation Plan 

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

Modification 

Subchapter F – Standard Permits 

Section 116.601(a)(1) – Types of Standard Permits 

Revisions submitted on January 3, 2000 and March 11, 2011 

Subchapter F – Standard Permits 

Section 116.617 – State Pollution Control Permit Standard Permit 

Submitted on February 1, 2006 

Subchapter I – Electric Facility Generating Permits 

Section 116.911(a)(2) – Control Method 

Submitted on January 3, 2000 

March 17, 2014 

For Further Information Contact: 

Rick Barrett, United States Environmental Protection Agency Region 6, Air Permits Section 

(6PD-R), 1445 Ross Avenue Suite 1200, Dallas, TX 75202-2733, (214) 665-7227 

Adina Wiley, United States Environmental Protection Agency Region 6, Air Permits Section 

(6PD-R), 1445 Ross Avenue Suite 1200, Dallas, TX 75202-2733, (214) 665-2115 
2

Table of Contents 

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

II. Summary of EPA’s Actions.................................................................................................................. 4

III. Technical Review............................................................................................................................ 10

A. Evaluation of Revisions to 30 TAC Section 116.601 – Types of Standard Permits.......................10

B. Evaluation of Revisions to 30 TAC Section 116.617 – State Pollution Control Standard Permit for 

Pollution Control Projects....................................................................................................................... 22

C. Evaluation of Revisions to 30 TAC Section 116.911(a)(2) – Control method for Grandfathered 

and Electing Electric Generating Facilities............................................................................................. 32

IV. Conclusion ......................................................................................................................................38

Attachment A – The Non-Rule Standard Permit for Pollution Control Projects........................................ 39
3

I. Executive Summary 

This Technical Support Document (TSD) provides EPA’s evaluation of submitted revisions to 

the Texas Minor New Source Review (NSR) State Implementation Plan (SIP) specific to the 

Texas Standard Permits (SP) Program. EPA is reviewing three separate sections of the Texas 

Administrative Code submitted in four separate revisions to the Texas SIP specifically 

addressing the establishment and use of the Rule Standard Permit under the Texas SP Program. 

First, this TSD will evaluate the expansion of the SP Program to include the Rule Standard 

Permit (Rule SIP) at 30 TAC Section 116.601(a)(1) as initially submitted on January 3, 2000, 

with revisions submitted March 11, 2011. Next, this TSD will evaluate a specific type of Rule 

SP, the Rule SP for Pollution Control Projects (Rule SP for PCP) at 30 TAC Section 116.617 as 

submitted on February 3, 2006. Finally, this TSD will address the use of the Rule SP for PCP for 

grandfathered and electing electric generating facilities provided at 30 TAC Section 

116.911(a)(2) as submitted on January 3, 2000. 

This review will determine if the revisions to the Texas SIP specific to the Rule SP and the Rule 

SP for PCP submitted on January 3, 2000; February 1, 2006; and March 11, 2011 comply with 

the Clean Air Act and EPA’s regulations and guidance for Minor NSR. 

 
4

II. Summary of EPA’s Actions 

This TSD evaluates portions of four separate submittals to the Texas SIP. To assist the reader in 

understanding the scope of this analysis, we have prepared the following Tables. Table 1 

identifies the specific sections that are evaluated in this TSD and acted on in the accompanying 

rulemaking at docket EPA-R06-OAR-2014-0191. Table 2 identifies all sections that were 

submitted as part of the four separate SIP submittals, and identifies where EPA has already 

addressed the other submitted revisions. 

Table 1: Summary of the Individual Revisions to Each Section Evaluated 

Section Title Date Submitted to 

EPA 

Adopted by State Comments 

Chapter 116 

Subchapter F 

Section 116.601 Types of Standard 

Permits 

January 3, 2000 December 16, 1999 New provision at 30 

TAC Section 

116.601(a)(1) 

establishes the Rule 

SP as one of two 

types of SP 

available in the 

Texas Minor NSR 

Program. 

March 11, 2011 February 9, 2011 Revisions to 30 

TAC Section 

116.601(a)(1) to 

remove crossreferences from the 

definition of the 

Rule SP. 

Section 116.617 State Pollution 

Control Project 

Standard Permit 

February 1, 2006 January 11, 2006 Repeal and 

replacement of the 

Rule SP for PCP at 

30 TAC Section 

116.617. 

Subchapter I 

Section 

116.911(a)(2) 

Control Method January 3, 2000 December 16, 1999 Requires the use of 

the Rule SP for PCP 

at 30 TAC 116.617. 

 
5

Table 2: Identification of Submitted Provisions that are Not Part of this Final Action 

Title of SIP 

Submittal 

Date Submitted to 

EPA 

Date of State 

Adoption 

Sections Not 

Affected by this 

Proposal 

(30 TAC) 

Reason for 

Severability 

Air Permits, Phase I 

(SB 766) Rule Log 

Number 99029A116-AI 

January 3, 2000 December 16, 1999 

§ 116.602. Issuance 

of Standard Permits 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.603. Public 

Participation in 

Issuance of 

Standard Permits. 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.604. Duration 

and Renewal of 

Registrations to Use 

Standard Permits. 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.605. Standard 

Permit Amendment 

and Revocation. 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.606. 

Delegation. 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.610. 

Applicability. 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.611 

Registration to Use 

a Standard Permit. 

Approved 

11/14/2003. See 68 

FR 64543. 

§ 116.614. Standard 

Permit Fee. 

Approved 

11/14/2003. See 68 

FR 64543. 

Electric Industry 

Restructuring (SB7) 

Rule Log No. 

99033-116-AI 

January 3, 2000 December 16, 1999 § 101.330. 

Definitions. 

Approved 

01/03/2011. See 76 

FR 16. 

§ 101.331. 

Applicability. 

Approved 

01/03/2011. See 76 

FR 16. 

§ 101.332. General 

Provisions. 

Approved 

01/03/2011. See 76 

FR 16. 

§ 101.333. 

Allocation of 

Allowances. 

Approved 

01/03/2011. See 76 

FR 16. 

§ 101.334. 

Allowance 

Deductions. 

Approved 

01/03/2011. See 76 

FR 16. 

§ 101.335. 

Allowance Banking 

and Trading. 

Approved 

01/03/2011. See 76 

FR 16. 

§ 101.336. Emission 

Monitoring, 

Compliance 

Demonstration, and 

Reporting. 

Approved 

01/03/2011. See 76 

FR 16. 
6

Table 2: Identification of Submitted Provisions that are Not Part of this Final Action 

Title of SIP 

Submittal 

Date Submitted to 

EPA 

Date of State 

Adoption 

Sections Not 

Affected by this 

Proposal 

(30 TAC) 

Reason for 

Severability 

§ 101.337. El Paso 

Region. 

In a letter dated 

October 24, 2006, 

TCEQ stated the 

provisions in 30 

TAC § 101.337 are 

state only and not 

before EPA for 

consideration as a 

revision to the SIP. 

§ 116.18. Electric 

Generating Facility 

Permits Definitions. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.910. 

Applicability. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.911. Electric 

Generating Facility 

Permit Application. 

Approved 

01/11/2011. See 76 

FR 1525. With the 

exception of 30 

TAC § 

116.911(a)(2). 

§ 116.912. Electric 

Generating 

Facilities. 

Approved 

02/10/2011. See 76 

FR 1525. 

§ 116.913. General 

and Special 

Conditions. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.914. 

Emissions 

Monitoring and 

Reporting 

Requirements. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.916. Permits 

for Grandfathered 

and Electing 

Generating 

Facilities in El Paso 

County. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.920. Public 

Participation for 

Initial Issuance. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.921. Notice 

and Comment 

Hearings for Initial 

Issuance. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.922. Notice of 

Final Action. 

Approved 

01/11/2011. See 76 

FR 1525. 
7

Table 2: Identification of Submitted Provisions that are Not Part of this Final Action 

Title of SIP 

Submittal 

Date Submitted to 

EPA 

Date of State 

Adoption 

Sections Not 

Affected by this 

Proposal 

(30 TAC) 

Reason for 

Severability 

§ 116.930. 

Modifications. 

Approved 

01/11/2011. See 76 

FR 1525. 

§ 116.931 Renewal. Approved 

01/11/2011. See 76 

FR 1525. 

Federal New Source 

Review (NSR) 

Permit Rules 

Reform Rule 

Project No. 2005-

010-116-PR 

February 1, 2006 January 11, 2006 § 116.12. 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review Definitions. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.121. Actual to 

Projected Actual 

and Emissions 

Exclusion Test for 

Emissions 

Increases. 

Repealed by TCEQ 

in March 11, 2011, 

SIP Submittal. 

§ 116.150. New 

Major Source or 

Major Modification 

in Ozone 

Nonattainment 

Area. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.151. New 

Major Source or 

Major Modification 

in Nonattainment 

Area Other than 

Ozone. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.160. 

Prevention of 

Significant 

Deterioration 

Requirements. 

Approved 

09/15/2010. See 75 

FR 55978. 

§ 116.180. 

Applicability. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.182. Plantwide Applicability 

Limit Permit 

Application. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.184. 

Application Review 

Schedule. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.186. General 

and Special 

Conditions. 

Approved 

10/25/2012. See 77 

FR 65119. 
8

Table 2: Identification of Submitted Provisions that are Not Part of this Final Action 

Title of SIP 

Submittal 

Date Submitted to 

EPA 

Date of State 

Adoption 

Sections Not 

Affected by this 

Proposal 

(30 TAC) 

Reason for 

Severability 

§ 116.188. Plantwide Applicability 

Limit. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.190. Federal 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.192. 

Amendments and 

Alterations. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.194. Public 

Notice and 

Comment. 

Approved 

01/06/2014. See 79 

FR 551. 

§ 116.196. Renewal 

of a Plant-wide 

Applicability Limit 

Permit. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.198. 

Expiration or 

Voidance. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.400. 

Applicability. 

Returned to TCEQ 

on 06/29/2011 as 

outside the scope of 

the Texas SIP. 

§ 116.402. 

Exclusions. 

Returned to TCEQ 

on 06/29/2011 as 

outside the scope of 

the Texas SIP. 

§ 116.404. 

Application. 

Returned to TCEQ 

on 06/29/2011 as 

outside the scope of 

the Texas SIP. 

§ 116.406. Public 

Notice 

Requirements. 

Returned to TCEQ 

on 06/29/2011 as 

outside the scope of 

the Texas SIP. 

§ 116.610. 

Applicability. 

Approved 

02/14/2014. See 78 

FR 7762. § 

116.610(d) returned 

to TCEQ on 

06/29/2011 as 

outside the scope of 

the Texas SIP. 

§ 116.1200. 

Applicability. 

Disapproved 

09/26/2013. See 78 

FR 59250. 
9

Table 2: Identification of Submitted Provisions that are Not Part of this Final Action 

Title of SIP 

Submittal 

Date Submitted to 

EPA 

Date of State 

Adoption 

Sections Not 

Affected by this 

Proposal 

(30 TAC) 

Reason for 

Severability 

New Source Review 

(NSR) Reform 

Rule Project No. 

2010-008-116-PR 

March 11, 2011 February 9, 2011 § 116.12. 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review Definitions. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.115. General 

and Special 

Conditions. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.127. Actual to 

Projected Actual for 

Emissions 

Exclusion Test for 

Emissions. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.180. 

Applicability. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.182.Plantwide Applicability 

Limit Permit 

Applications. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.186. General 

and Special 

Conditions. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.188. Plantwide Applicability 

Limit. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.190. Federal 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review. 

Approved 

10/25/2012. See 77 

FR 65119. 

§ 116.192. 

Amendments and 

Alterations. 

Approved 

10/25/2012. See 77 

FR 65119. 

 
10

III. Technical Review 

A. Evaluation of Revisions to 30 TAC Section 116.601 – Types of Standard Permits 

The Texas Standard Permits Program at 30 TAC Chapter 116, Subchapter F, is a subset of the 

Texas Minor NSR Program. The Texas Standard Permit program began in 1994.1 At this time, 

all standard permits were developed using the SIP development process pursuant to the Texas 

Government Code, Chapter 2001, Subchapter B. This process required the TCEQ to publish 

notice of the proposed revision to the Texas Air Code and Texas SIP, accept comment for 30 

days on the proposed revision, and make a final adoption of the regulation and submit to EPA for 

review and approval into the Texas SIP. To streamline the process for development and issuance 

of SPs within the Texas Minor NSR Program, Texas Senate Bill (SB) 766 of the 76th Legislature, 

directed the TCEQ to develop an alternate process whereby the SP could be developed and 

implemented without a full SIP revision. 

Pursuant to Texas SB 766, the Texas Natural Resource Conservation Commission (predecessor 

agency to the Texas Commission on Environmental Quality (TCEQ), hereafter referred to as the 

TCEQ), adopted and submitted as revisions to the Texas SIP new regulations for the adoption 

and implementation of SPs that created the two types of SP that exist today in the Texas Minor 

NSR Program – the Rule SP and the Non-Rule SP. Specifically, on January 3, 2000, the TNRCC 

submitted as a revision to the Texas SIP a new provision at 30 TAC Section 116.601(a) which 

identified the two types of Standard Permits: 

 New 30 TAC Section 116.601(a)(1) identified those Standard Permits that were adopted 

in accordance with Texas Government Code, Chapter 2001, Subchapter B (Rule Standard 

Permits). The TCEQ also identified the three Rule Standard Permits that had been 

promulgated by the TCEQ at that time – the Standard Permit for Pollution Control 

Projects at 30 TAC Section 116.617, the Standard Permit for Installation and/or 

Modification of Oil and Gas Facilities, and the Standard Permit for Municipal Solid 

Waste Landfills. 

 New 30 TAC Section 116.601(a)(2) identified those Standard Permits that were adopted 

in accordance with 30 TAC Section 116.603 (relating to the Public Participation in 

Issuance of Standard Permits) (Non-Rule Standard Permits) 

On November 14, 2003, EPA fully approved the Non-Rule Standard Permit (, including the 

identification of the Non-Rule Standard Permits at 30 TAC Sections 116.601(a)(2)) provisions as 

part of the Texas Minor NSR and found that the Non-Rule SP provisions satisfied the federal 

requirements for Minor NSR.2

 See 68 FR 64543. In this action we stated we were severing 30 

TAC Section 116.601(a)(1) from our analysis and would address the submittal at a later date. 

Additionally, we took no action at that time on the pending submission of the three Rule 

Standard Permits – the Standard Permit for Pollution Control Projects at 30 TAC Section 

                                                            

1

 30 TAC Chapter 116, Subchapter F, Sections 116.610, 116.611, 116.614, and 116.617 were the initial Standard 

Permit Program provisions. These rules were adopted by the TNRCC on April 6, 1994 and published in the Texas 

Register on April 22, 1994. 

2

 The Texas Clean Air Act provides that the TCEQ may issue a standard permit for ‘‘new or existing similar 

facilities’’ if it is enforceable and compliance can be adequately monitored. See section 382.05195 of the TCAA. 
11

116.617, the Standard Permit for Installation and/or Modification of Oil and Gas Facilities, and 

the Standard Permit for Municipal Solid Waste Landfills. 

EPA has taken no action to date on the identification of the Rule Standard Permits at 30 TAC 

Section 116.601(a)(1) as initially submitted on January 3, 2000. TCEQ submitted revisions to 30 

TAC Section 116.601(a)(1) on March 11, 2011, to revise the identification of the Rule Standard 

Permits. The following table will review the initial adoption and the 2011 revision. 

Table 3: Evaluation of Revisions to 30 TAC Section 116.601 

30 TAC Section 116.601. 

Types of Standard 

Permits 

SIP-approved by EPA 

on November 14, 2003. 

See 68 FR 66000. 

As adopted by the 

TCEQ on December 16, 

1999. 

January 3, 2000 SIP 

Submittal 

Rule Log Number 

99029A-116-AI 

March 11, 2011 

Rule Log Number 2010-

008-116-PR 

EPA’s Evaluation 

a) For the purposes of 

this chapter a 

standard permit is 

either: 

SIP-approved language. No change submitted. No change to the SIP 

approved language. 

1. NOT IN SIP 1. One that was 

adopted by the 

commission in 

accordance with 

Texas Government 

Code, Chapter 

2001, Subchapter 

B, into §§ 

116.617, 116.620, 

and 116.621 of 

this title (relating 

to Standard 

Permits for 

Pollution Control 

Projects; 

Installation and/or 

Modification of 

Oil and Gas 

Facilities; and 

Municipal Solid 

Waste Landfills); 

or 

1. One that was 

adopted by the 

commission in 

accordance with 

Texas Government 

Code, Chapter 2001, 

Subchapter B, into 

this subchapter into 

§§ 116.617, 

116.620, and 

116.621 of this title 

(relating to Standard 

Permits for 

Pollution Control 

Projects; Installation 

and/or Modification 

of Oil and Gas 

Facilities; and 

Municipal Solid 

Waste Landfills); or 

The provision at 30 TAC 

Section 116.601(a)(1) as 

initially submitted on 

January 3, 2000, and 

revised on March 11, 

2011, is approvable as 

consistent with the 

requirements of 40 CFR 

51.160(a) and (b) and 

51.163. This provision 

establishes that SP 

developed pursuant to the 

SIP-development process 

in the Texas Government 

Code (the Rule SP) is an 

approved type of 

Standard Permit in the 

Texas SIP. 

The TCEQ on March 11, 

2011 submitted a revision 

to delete the specifically 

identified Rule SPs and 

replace with the reference 

to “this subchapter”. The 

deletion of the specific 

mention of the Rule SPs 

at 30 TAC Sections 

116.617, 116.620 and 

116.621 is approvable. 

We note that if any Rule 

SP is developed pursuant 
12

Table 3: Evaluation of Revisions to 30 TAC Section 116.601 

30 TAC Section 116.601. 

Types of Standard 

Permits 

SIP-approved by EPA 

on November 14, 2003. 

See 68 FR 66000. 

As adopted by the 

TCEQ on December 16, 

1999. 

January 3, 2000 SIP 

Submittal 

Rule Log Number 

99029A-116-AI 

March 11, 2011 

Rule Log Number 2010-

008-116-PR 

EPA’s Evaluation 

to the Texas Government 

Code the TCEQ would 

promulgate that new Rule 

SP into 30 TAC Chapter 

116, Subchapter F –which 

is the same location as the 

deleted provision. 

Further, we note that 

inclusion of the specific 

section numbers is not 

necessary for rule clarity. 

On February 14, 2014, 

EPA SIP-approved the 

Oil and Gas Rule SP at 30 

TAC Section 116.617. 

The TCEQ has repealed 

and withdrawn the 

Municipal Solid Waste 

Landfill SP from 30 TAC 

Section 116.621. EPA is 

currently proposing 

approval of the PCP Rule 

SP at 30 TAC Section 

116.620. 

2. One that is 

issued by the 

commission in 

accordance with 

§ 116.603 of this 

title (relating to 

Public 

Participation in 

Issuance of 

Standard 

Permits). 

SIP-approved language. No change submitted. No change to the SIP 

approved language. 

b) Any standard permit 

in this subchapter 

adopted by the 

commission shall 

remain in effect until 

it is repealed under 

the APA. If any 

adopted standard 

permit is repealed 

and replaced, 

SIP-approved language. No change submitted. No change to the SIP 

approved language. 
13

Table 3: Evaluation of Revisions to 30 TAC Section 116.601 

30 TAC Section 116.601. 

Types of Standard 

Permits 

SIP-approved by EPA 

on November 14, 2003. 

See 68 FR 66000. 

As adopted by the 

TCEQ on December 16, 

1999. 

January 3, 2000 SIP 

Submittal 

Rule Log Number 

99029A-116-AI 

March 11, 2011 

Rule Log Number 2010-

008-116-PR 

EPA’s Evaluation 

facilities may 

continue to be 

authorized until the 

date of registration 

required by 

subsection (e) of this 

section. 

c) A registration to use 

a standard permit 

adopted by the 

commission in this 

subchapter shall be 

renewed by the 

applicant under the 

requirements of 

§116.604 of this title 

(relating to Duration 

and Renewal of 

Registrations to use 

Standard Permits) by 

the tenth anniversary 

of the date of the 

original registration. 

SIP-approved language. No change submitted. No change to the SIP 

approved language. 

d) If a standard permit 

in this subchapter 

adopted by the 

commission is 

repealed and 

replaced, with no 

changes, by a 

standard permit 

issued by the 

commission, any 

existing registration 

to use the repealed 

standard permit will 

be automatically 

converted to a 

registration to use the 

new standard permit, 

if the facility 

continues to meet the 

requirements. An 

automatically 

converted registration 

SIP-approved language. No change submitted. No change to the SIP 

approved language. 
14

Table 3: Evaluation of Revisions to 30 TAC Section 116.601 

30 TAC Section 116.601. 

Types of Standard 

Permits 

SIP-approved by EPA 

on November 14, 2003. 

See 68 FR 66000. 

As adopted by the 

TCEQ on December 16, 

1999. 

January 3, 2000 SIP 

Submittal 

Rule Log Number 

99029A-116-AI 

March 11, 2011 

Rule Log Number 2010-

008-116-PR 

EPA’s Evaluation 

to use a standard 

permit shall be 

renewed by the 

applicant under the 

requirements of 

§116.604 of this title 

by the tenth 

anniversary of the 

date of the new 

registration. 

e) If a standard permit 

adopted by the 

commission in this 

subchapter is 

repealed and replaced 

with a standard 

permit issued by the 

commission, and the 

requirements of the 

standard permit are 

changed in the 

process, persons 

registered to use the 

repealed standard 

permit shall register 

to use the issued 

standard permit by 

the later of either the 

deadline established 

in the issued standard 

permit, or the tenth 

anniversary of the 

original 

registration. The 

commission shall 

notify, in writing, all 

persons registered to 

use the repealed 

standard permit of the 

date by which a new 

registration must be 

submitted. Persons 

not wishing to 

register for the issued 

standard permit shall 

SIP-approved language. No change submitted. No change to the SIP 

approved language. 
15

Table 3: Evaluation of Revisions to 30 TAC Section 116.601 

30 TAC Section 116.601. 

Types of Standard 

Permits 

SIP-approved by EPA 

on November 14, 2003. 

See 68 FR 66000. 

As adopted by the 

TCEQ on December 16, 

1999. 

January 3, 2000 SIP 

Submittal 

Rule Log Number 

99029A-116-AI 

March 11, 2011 

Rule Log Number 2010-

008-116-PR 

EPA’s Evaluation 

have the option of 

applying for or 

qualifying for other 

applicable 

authorizations in this 

chapter or in Chapter 

106 of this title 

(relating to 

Exemptions from 

Permitting). 

The addition of 30 TAC Section 116.601(a)(1) establishes the Rule SP as one of two types of SP 

available in the Texas SP program. Because the Rule SP at 30 TAC Section 116.601(a)(1) is part 

of the Texas SP Program, it is by extension a component of the Texas Minor NSR program. 

Following in Tables 4 and 5 is an analysis of how the Rule SP satisfies the requirements for 

Minor NSR under 40 CFR 51.160 and 51.161. 

Table 4: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.160 

Federal Regulations for Minor NSR, 

40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Legally 

Enforceable Procedures 

a) Each plan must set forth legally enforceable 

procedures 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. 

The SIP-approved general conditions for SP at 30 TAC 

Section 116.615 apply to all SP, including the Rule SP 

developed under 30 TAC Section 116.601(a)(1). 

Therefore, the requirements for 30 TAC Section 

116.615(a)(1) that all “emissions from the facility, 

including dockside vessel emissions, must comply with 

all applicable rules and regulations of the commission 

adopted under Texas Health and Safety Code, Chapter 

382, and with the intent of the Texas Clean Air Act 

(TCAA), including protection of health and property of 

the public” apply to the Rule SP and satisfy 40 CFR 

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 construction or 

modification if – 

1) It will result in a violation of applicable 

portions of the control strategy; or 

The SIP-approved general conditions for registrations 

to use a SP at 30 TAC Section 116.611 apply to all SP, 

including the Rule SP developed under 30 TAC 

Section 116.601(a)(1). 

30 TAC Section 116.611 requires the following: 

a) If required, registration to use a standard permit 

shall be sent by certified mail, return receipt 
16

Table 4: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.160 

Federal Regulations for Minor NSR, 

40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Legally 

Enforceable Procedures 

2) It will interfere with the attainment or 

maintenance of a national standard. 

requested, or hand delivered to the executive 

director, the appropriate commission regional 

office, and any local air pollution program with 

jurisdiction, before a standard permit can be used. 

The registration must be submitted on the required 

form and must document compliance with the 

requirements of this section, including, but not 

limited to: 

1) the basis of emission estimates; 

2) quantification of all emission increases and 

decreases associated with the project being 

registered; 

3) sufficient information as may be necessary to 

demonstrate that the project will comply with 

§116.610(b) of this title (relating to 

Applicability); 

4) information that describes efforts to be taken 

to minimize any collateral emissions increases 

that will result from the project; 

5) a description of the project and related 

process; and 

6) a description of any equipment being installed. 

b) Construction may begin any time after receipt of 

written notification from the executive director that 

there are no objections or 45 days after receipt by 

the executive director of the registration, 

whichever occurs first, except where a different 

time period is specified for a particular standard 

permit. 

Therefore, the Rule SP will satisfy the requirements of 

40 CFR 51.160(b) through the application of 30 TAC 

Section 116.611. 

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. 

The SIP-approved provisions at 30 TAC Section 

116.611 – Registration to Use a Standard Permit apply 

to the Rule SP. 

Therefore, any registration to use a Rule SP developed 

under 30 TAC Section 116.601(a)(1) will comply with 

the following provisions of 30 TAC Section 116.611: 

a) If required, registration to use a standard permit 

shall be sent by certified mail, return receipt 

requested, or hand delivered to the executive 

director, the appropriate commission regional 

office, and any local air pollution program with 

jurisdiction, before a standard permit can be used. 

The registration must be submitted on the required 

form and must document compliance with the 

requirements of this section, including, but not 

limited to: 
17

Table 4: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.160 

Federal Regulations for Minor NSR, 

40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Legally 

Enforceable Procedures 

1) the basis of emission estimates; 

2) quantification of all emission increases and 

decreases associated with the project being 

registered; 

3) sufficient information as may be necessary to 

demonstrate that the project will comply with 

§116.610(b) of this title (relating to 

Applicability); 

4) information that describes efforts to be taken 

to minimize any collateral emissions increases 

that will result from the project; 

5) a description of the project and related 

process; and 

6) a description of any equipment being installed. 

The Rule SP at 30 TAC Section 116.601(a)(1) satisfies 

the requirements of 40 CFR 51.160(c) through the 

application of SIP-approved 30 TAC Section 

116.611(a). 

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. 

The SIP-approved provisions at 30 TAC Section 

116.615 establish general conditions applicable to all 

SP, including to the Rule SP. Specifically, 30 TAC 

Section 116.615(10) states the following: 

30 TAC Section 116.615. General Conditions. 

The following general conditions are applicable to 

holders of standard permits, but will not necessarily, be 

specifically stated within the standard permit 

document. 

... 

10) Compliance with rules. Registration of a standard 

permit by a standard permit applicant constitutes 

an acknowledgment and agreement that the holder 

will comply with all rules, regulations, and orders 

of the commission issued in conformity with the 

TCAA and the conditions precedent to the 

claiming of the standard permit. If more than one 

state or federal rule or regulation or permit 

condition are applicable, the most stringent limit or 

condition shall govern. Acceptance includes 

consent to the entrance of commission employees 

and designated representatives of any air pollution 

control agency having jurisdiction into the 

permitted premises at reasonable times to 

investigate conditions relating to the emission or 

concentration of air contaminants, including 

compliance with the standard permit. 

The Rule SP at 30 TAC Section 116.615 satisfies the 

requirements of 40 CFR 51.160(d) through the 

application of SIP-approved 30 TAC Section 116.615. 
18

Table 4: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.160 

Federal Regulations for Minor NSR, 

40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Legally 

Enforceable Procedures 

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. 

The Rule SP at 30 TAC Section 116.601(a)(1) is one 

type of category of SP issued under the Texas SP 

program. Specifics about the sources covered under a 

particular Rule SP are contained in the actual Rule SP. 

For example, the applicability for the Rule SP for PCP 

is contained within that specific Rule SP at 30 TAC 

Section 116.617. Similarly, the applicability for the 

Rule SP for Oil and Gas Facilities is contained in 30 

TAC Section 116.620. 

However, there are general applicability requirements 

that all Rule SP must follow as required at SIPapproved 30 TAC Section 116.610 as follows. 

30 TAC Section 116.610. Applicability. 

a) Under the Texas Clean Air Act, §382.051, a 

project that meets the requirements for a standard 

permit listed in this subchapter or issued by the 

commission is hereby entitled to the standard 

permit, provided the following conditions listed in 

this section are met. For the purposes of this 

subchapter, project means the construction or 

modification of a facility or a group of facilities 

submitted under the same registration. 

1) Any project that results in a net increase in 

emissions of air contaminants from the project 

other than carbon dioxide, water, nitrogen, 

methane, ethane, hydrogen, oxygen, or those 

for which a national ambient air quality 

standard has been established must meet the 

emission limitations of §106.261 of this title 

(relating to Facilities (Emission Limitations), 

unless otherwise specified by a particular 

standard permit. 

2) Construction or operation of the project must 

be commenced prior to the effective date of a 

revision to this subchapter under which the 

project would no longer meet the requirements 

for a standard permit. 

3) The proposed project must comply with the 

applicable provisions of the Federal Clean Air 

Act (FCAA), §111 (concerning New Source 

Performance Standards) as listed under 40 

Code of Federal Regulations (CFR) Part 60, 

promulgated by the United States 

Environmental Protection Agency (EPA). 
19

Table 4: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.160 

Federal Regulations for Minor NSR, 

40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Legally 

Enforceable Procedures 

4) The proposed project must comply with the 

applicable provisions of FCAA, §112 

(concerning Hazardous Air Pollutants) as 

listed under 40 CFR Part 61, promulgated by 

the EPA. 

5) The proposed project must comply with the 

applicable maximum achievable control 

technology standards as listed under 40 CFR 

Part 63, promulgated by the EPA under 

FCAA, §112 or as listed under Chapter 113, 

Subchapter C of this title (relating to National 

Emissions Standards for Hazardous Air 

Pollutants for Source Categories (FCAA, 

§112, 40 CFR Part 63)). 

6) If subject to Chapter 101, Subchapter H, 

Division 3 of this title (relating to Mass 

Emissions Cap and Trade Program) the 

proposed facility, group of facilities, or 

account must obtain allocations to operate. 

b) Any project that constitutes a new major stationary 

source or major modification as defined in §116.12 

of this title (relating to Nonattainment and 

Prevention of Significant Deterioration Review 

Definitions) is subject to the requirements of 

§116.110 of this title (relating to Applicability) 

rather than this subchapter. 

c) Persons may not circumvent by artificial 

limitations the requirements of §116.110 of this 

title. 

The Rule SP at 30 TAC Section 116.601(a)(1) satisfies 

the requirements of 40 CFR 51.160(e) through the 

application of SIP-approved 30 TAC Section 116.610. 

Additionally, the specific Rule SP adopted pursuant to 

30 TAC Section 116.601(a)(1) must also identify the 

sources authorized under the specific Rule SP. 

f) The procedures must discuss the air quality data 

and the dispersion or other air quality modeling 

data 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). 

The Rule SP is one type of category of SP authorized 

under the Texas SP program. Because the TCEQ can 

develop specific Rule SP under the umbrella of 30 

TAC Section 116.601(a)(1), it is not necessary or 

appropriate for the Texas SP program to include air 

quality data or dispersion modeling data in the general 

category. Any specific Rule SP developed may have 

been developed with air quality data or dispersion 
20

Table 4: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.160 

Federal Regulations for Minor NSR, 

40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Legally 

Enforceable Procedures 

2) Where an air quality model specified in 

appendix W of this part (Guideline on Air 

Quality Models) is inappropriate, the model 

may be modified or another model substitited. 

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. 

modeling and will be discussed in that specific Rule 

SP. 

Table 5: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.161 

Federal Regulations for Minor NSR, 

40 CFR 51.161 Public Availability of Information 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Public 

Participation 

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. 

The provisions for the Rule SP at 30 TAC Section 

116.601(a)(1) require a Rule SP to be developed using 

Texas Government Code, Chapter 2001, Subchapter B 

– the administrative procedures for rulemaking in the 

Texas Constitution. 

 Section 2001.023 – Notice of Proposed Rule – 

requires a state agency to give at least 30 days 

notice of its intention to adopt a rule before 

the state agency adopts a rule. Section 

2001.023 also requires that the state agency 

shall file notice of the proposed rule with the 

secretary of state for publication in the Texas 

Register. 

 Section 2001.024 – Content of Notice – 

requires that the notice of proposed rule in the 

Texas Register must provide an explanation of 

the proposed rule. 

 Section 2001.029 – Public Comment – 

requires that a state agency shall give all 

interested persons a reasonable opportunity to 

submit data, views, or arguments, orally or in 

writing, before the state agency adopts a rule. 

The Administrative Procedures for Rulemaking at 

Texas Government Code, Chapter 2001, Subchapter B, 

Sections 2001.023, 2001.024, and 2001.029 satisfy the 

requirements of 40 CFR 51.160 to provide opportunity 

for comment. 

b) For purposes of paragraph (a) of this section, 

opportunity for public comment shall include, as a 

minimum – 

Pursuant to the Administrative Procedures for 

Rulemaking at Texas Government Code, Chapter 2001, 

Subchapter B, the notice of the proposed Rule SP will 
21

Table 5: Evaluation of the Rule SP as a Minor NSR Program under 40 CFR 51.161 

Federal Regulations for Minor NSR, 

40 CFR 51.161 Public Availability of Information 

EPA’s Evaluation of how the Texas Rule SP 

satisfies the Minor NSR requirements for Public 

Participation 

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; 

2) A 30-day period for submittal of public 

comment; and 

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. 

be provided in the Texas Register for 30 days. See 

Section 2001.023. 

For Minor NSR, EPA has determined that electronic 

posting of information is sufficient. See memo dated 

April 17, 2012, from Janet McCabe to all Regional 

Administrators, “Minor New Source Review Program 

Public Notice Requirements under 40 CFR 

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. 

Not applicable. The Rule SP is developed with a 30-

day comment period. 

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). 

Pursuant to the Administrative Procedures for 

Rulemaking at Texas Government Code, Chapter 2001, 

Subchapter B, Section 2001.026, the TCEQ will mail 

notice of any proposed rule to each person who has 

made a timely written request of the TCEQ for advance 

notice of its rulemaking proceedings. 

Because the Rule SP is a component of the Texas 

Minor NSR SIP, any proposed Rule SP must be 

provided to EPA and will 40 CFR 51.161(d). 

The analysis presented in Tables 4 and 5 demonstrates that the general SP provisions SIPapproved in November 14, 2003, are applicable to the Rule SP and satisfy the requirements for 

Minor NSR at 40 CFR 51.160 and 51.161. 
22

B. Evaluation of Revisions to 30 TAC Section 116.617 – State Pollution Control 

Standard Permit for Pollution Control Projects 

The Texas State Pollution Control Project (the Rule SP for PCP) at 30 TAC Section 116.617 is a 

Rule SP that must meet the requirements of 30 TAC Section 116.601(a)(1) discussed previously 

in Section III.A of this TSD. The Rule SP for PCP authorizes projects undertaken voluntarily, or 

as required by any federal or state statute or rule, that reduce or maintain currently authorized air 

emission limits for facilities authorized by a NSR permit, Standard Permit, or Permits by Rule 

and that may have associated Minor NSR collateral emission increases in other regulated 

pollutants.3,4 

On January 27, 2006, Texas repealed the previously submitted Rule SP for PCP and adopted a 

new Rule SP for PCP that is limited to Minor NSR only. Texas adopted the new Rule SP for PCP 

to be consistent with federal law after the D.C. circuit explicitly limited the use of PCP to Minor 

NSR. New York v. EPA, 413 F.3d 3, 40–42 (D.C. Cir. 2005). On February 1, 2006, Texas 

submitted the newly adopted Rule SP for PCP found at 30 TAC Section 116.617, among other 

provisions, to the EPA for approval into the Texas SIP.5

 On September 23, 2009, EPA proposed 

to disapprove revisions to the Texas SIP, including the Rule SP for PCP at 30 TAC Section 

116.617, on the basis that the Rule SP for PCP did not meet the requirements for a Minor NSR 

SIP revision. 74 FR 48467, 48471. EPA finalized our disapproval of the Rule SP for PCP on 

September 15, 2010. See 75 FR 56424. 

Upon finalization of our disapproval, several parties (Luminant Generation Company, L.L.C.; 

Oak Grove Management Company, L.L.C.; Big Brown Power Company, L.L.C.; Luminant 

Mining Company, L.L.C.; Sandow Power Company, L.L.C.; Texas Association of Business; 

Texas Association of Manufacturers; Texas Oil & Gas Association; Chamber of Commerce of 

the United States of America; and the State of Texas) appealed our disapproval to the Fifth 

Circuit Court of Appeals. 

On March 26, 2012, the Fifth Circuit Court of Appeals granted the petition for review, vacated 

our disapproval of the Rule SP for PCP, and remanded the matter back to EPA for further 

review. Luminant Generation Co. LLC. et al, v. EPA, No. 10-60891 (5th Cir. 2012). The effect 

                                                            

3

 See 30 TAC Section 116.617(a)(1) describing the scope and applicability of the Rule SP for PCP as adopted on 

January 27, 2006 by the State of Texas and submitted as a revision to the Texas SIP on February 1, 2006. See also 

the TCEQ Response to Comments provided in the preamble to the rule adoption at 31 TexReg 529, January 27, 

2006. 

4

 See Luminant, 675 F.3d at 922 n. 3 (“although the projects by definition reduce or maintain emissions of the 

primary pollutant, they have the potential to cause incidental increases in the emissions of other regulated 

pollutants.” 

5

 The February 1, 2006, SIP submittal also included amendments to 30 TAC Sections 116.610(a) and 116.610(b). 

EPA disapproved 30 TAC Sections 116.610(a) and (b) in our September 15, 2010 disapproval of the Rule SP for 

PCP. See 75 FR 56424. EPA consented to vacatur of our disapproval of 30 TAC Sections 116.610(a) and (b), and on 

March 26, 2012, the Fifth Circuit Court of Appeals vacated our disapproval of those two provisions, In response to 

the Court’s vacatur and remand, EPA separately finalized approval of 30 TAC Sections 116.610(a) and (b) on 

February 14, 2014. See 79 FR 8861. 
23

of this ruling was to put back in front of EPA for review and consideration as a revision to the 

Texas SIP the Rule SP for PCP as submitted on February 1, 2006. 

Table 6 below presents our evaluation of the Rule SP for PCP submitted on February 1, 2006, at 

30 TAC Section 116.617. Our analysis below will determine if the Rule SP for PCP satisfies 

EPA’s requirements for Minor NSR. 

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

NOT IN SIP § 116.617. State Pollution Control Project 

Standard Permit

The section heading for 30 TAC 

Section 116.617 is approvable. 

NOT IN SIP a) Scope and Applicability. Section 30 TAC Section 

116.617(a) is approvable. This 

section provides the scope and 

applicability of the Rule SP for 

PCP. These provisions satisfy 

the requirements of Minor NSR 

at 40 CFR 51.160 and 51.163. 

NOT IN SIP 

1) This standard permit applies to pollution 

control projects undertaken voluntarily or 

as required by any governmental standard, 

that reduce or maintain currently 

authorized emission rates for facilities 

authorized by a permit, standard permit, or 

permit by rule. 

30 TAC Section 116.617(a)(1) 

is approvable. This provision is 

consistent with the requirements 

at 40 CFR 51.160(e) to identify 

the sources subject to review 

under the Rule SP for PCP. 

NOT IN SIP 2) The project may include: 

A. the installation or replacement of 

emissions control equipment; 

B. the implementation or change to 

control techniques; or 

C. the substitution of compounds used in 

manufacturing processes. 

30 TAC Section 116.617(a)(2) is 

approvable. This provision is 

consistent with the requirements 

at 40 CFR 51.160(e) to identify 

the sources subject to review 

under the Rule SP for PCP. 

NOT IN SIP 3) This standard permit must not be used to 

authorize the installation of emission 

control equipment or the implementation 

of a control technique that: 

A. constitutes the complete 

replacement of an existing 

production facility, or 

reconstruction of a production 

facility as defined in 40 Code of 

Federal Regulations (40 CFR) 

§60.15(b)(1) and (c); or 

B. the executive director determines 

there are health effects concerns or 

the potential to exceed a national 

ambient air quality standard 

(NAAQS) criteria pollutant or 

30 TAC Section 116.617(a)(3) 

is approvable. This provision is 

consistent with the requirements 

at 40 CFR 51.160(a) and (b) 

requiring that the TCEQ can 

determine whether the source 

causes or contributes to a 

violation of applicable portions 

of the control strategy or will 

interfere with attainment or 

maintenance of the NAAQS and 

to prevent construction of such 

source. 
24

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

contaminant which results from an 

increase in emissions of any air 

contaminant until those concerns 

are addressed by the registrant to 

the satisfaction of the executive 

director; or 

C. returns a facility or group of 

facilities to compliance with an 

existing authorization or permit 

unless authorized by the executive 

director. 

NOT IN SIP 4) Only new or modified pollution control 

projects must meet the conditions of this 

standard permit. All previous standard 

permit registrations under this section that 

were authorized prior to the effective date 

of this rule must include the increases and 

decreases in emissions resulting from 

those projects in any future netting 

calculation and all other conditions must 

be met upon the ten- year anniversary and 

renewal of the original registration, or 

until administratively incorporated into the 

facilities’ permit, if applicable. 

30 TAC Section 116.617(a)(4) is 

approvable. This provision is 

consistent with the requirements 

at 40 CFR 51.160(e) to identify 

the sources subject to review 

under the Rule SP for PCP. 

NOT IN SIP b) General Requirements Section heading. Approvable. 

NOT IN SIP 1) Any claim under this standard permit must 

comply with all applicable conditions of: 

This provision will satisfy the 

Minor NSR requirements at 40 

CFR 51.160 and 51.163 as 

discussed in the following 

sections of this table. This 

provision is approvable. 

NOT IN SIP A. §116.604(1) and (2) of this title 

(relating to Duration and Renewal of 

Registration to Use Standard 

Permits); 

The requirement at 30 TAC 

Section 116.617(b)(1)(A) that 

the Rule SP for PCP include the 

duration and renewal 

requirements applicable to all 

SP will satisfy the requirements 

for legally enforceable 

procedures for Minor NSR at 40 

CFR 51.160(a) and (b) and 

51.163. 

This provision is approvable. 

NOT IN SIP B. §116.605(d)(1) and (2) of this title 

(relating to Standard Permit 

Amendment and Revocation); 

The requirement at 30 TAC 

Section 116.617(b)(1)(B) that 

the Rule SP for PCP include the 

amendment and revocation 

provisions applicable to all SP 
25

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

will satisfy the requirements for 

legally enforceable procedures 

for Minor NSR at 40 CFR 

51.160(a) and (b) and 51.163. 

This provision is approvable. 

NOT IN SIP C. §116.610 of this title (relating to 

Applicability); 

The requirement at 30 TAC 

Section 116.617(b)(1)(D) that 

the Rule SP for PCP include the 

general SP Applicability 

provisions found at 30 TAC 

Section 116.6101 will satisfy 

the requirements for Minor NSR 

at 40 CFR 51.160(e). See Table 

4 of this TSD for more 

discussion about the Rule SP 

general provisions. 

This provision is approvable. 

NOT IN SIP D. §116.611 of this title (relating to 

Registration to Use a Standard 

Permit); 

The requirement at 30 TAC 

Section 116.617(b)(1)(D) that 

the Rule SP for PCP include the 

general Registration to Use SP 

provisions found at 30 TAC 

Section 116.611 will satisfy the 

requirements for Minor NSR at 

40 CFR 51.160(b) and (c). See 

Table 4 of this TSD for more 

discussion about the Rule SP 

general provisions. 

This provision is approvable. 

NOT IN SIP E. §116.614 of this title (relating to 

Standard Permit Fees); and 

The fee provisions for the Rule 

SP for PCP at 30 TAC Section 

116.617(b)(1)(E) is approvable 

as consistent with the Minor 

NSR requirements for Legally 

Enforceable procedures at 40 

CFR 51.160(a) and (b) and 

51.163. This provision is 

approvable. 

NOT IN SIP F. §116.615 of this title (relating to 

General Conditions). 

The requirement at 30 TAC 

Section 116.617(b)(1)(F) that 

the Rule SP for PCP include the 

General Conditions for all SP at 

30 TAC Section 116.615 will 

satisfy the requirements for 
26

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

Minor NSR at 40 CFR 

51.160(a), (d). See Table 4 of 

this TSD for more discussion 

about the Rule SP general 

provisions. 

This provision is approvable. 

NOT IN SIP 2) Construction or implementation of the 

pollution control project must begin within 

18 months of receiving written acceptance 

of the registration from the executive 

director, with one 18-month extension 

available, and must comply with 

§116.115(b)(2) and §116.120 of this title 

(relating to General and Special 

Conditions and Voiding of Permits). Any 

changes to allowable emission rates 

authorized by this section become 

effective when the project is complete and 

operation or implementation begins. 

The requirement at 30 TAC 

Section 116.617(b)(2) comply 

with SIP-approved requirements 

at 30 TAC Sections 

116.115(b)(2) and 116.120. 

EPA most-recently SIPapproved 30 TAC Section 

116.115 as satisfying the 

requirements for NSR on 

October 25, 2012, see 77 FR 

65119. EPA SIP-approved 30 

TAC Section 116.120 as 

satisfying the requirements for 

NSR on April 2, 2010 at 75 FR 

16671. 

This provision is approvable. 

NOT IN SIP 3) The emissions limitations of 

§116.610(a)(1) of this title do not apply to 

this standard permit. 

The requirements at 30 TAC 

Section 116.617(b)(3) satisfy the 

requirements of 40 CFR 

51.160(c) and (e) to identify 

sources and emissions covered 

by the Rule SP for PCP. 

This provision is approvable. 

NOT IN SIP 4) Predictable maintenance, start-up, and 

shut-down emissions directly associated 

with the pollution control project must be 

included in the representations of the 

registration application. 

The requirement at 30 TAC 

Section 116.617(b)(4) satisfies 

the requirement of 40 CFR 

51.160(c) and (e) to identify the 

sources and emissions covered 

by the Rule SP for PCP. 

This provision is approvable. 

NOT IN SIP 5) Any increases in actual or allowable 

emission rates or any increase in 

production capacity authorized by this 

section (including increases associated 

with recovering lost production capacity) 

must occur solely as a result of the project 

as represented in the registration 

application. Any increases of production 

The requirement at 30 TAC 

Section 116.617(b)(5) satisfies 

the requirement of 40 CFR 

51.160(c) and (e) to identify the 

sources and emissions covered 

by the Rule SP for PCP. 

This provision is approvable. 
27

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

associated with a pollution control project 

must not be utilized until an additional 

authorization is obtained. This paragraph 

is not intended to limit the owner or 

operator’s ability to recover lost capacity 

used by a derate, which may be recovered 

and used without any additional 

authorization. 

NOT IN SIP c) Replacement projects. 

1) The replacement of emissions control 

equipment or control technique under this 

standard permit is not limited to the 

method of control currently in place, 

provided that the control or technique is at 

least as effective as the current authorized 

method and all other requirements of this 

standard permit are met. 

2) The maintenance, startup and shutdown 

emissions may be increased above 

currently authorized levels if the increase 

is necessary to implement the replacement 

project and maintenance, startup and 

shutdown emissions were authorized for 

the existing control equipment or 

technique. 

3) Equipment installed under this section is 

subject to all applicable testing and 

recordkeeping requirements of the original 

control authorization. Alternate, 

equivalent monitoring or records may be 

proposed by the applicant for review and 

approval of the executive director. 

The provisions at 30 TAC 

Section 116.617(c)() satisfy the 

requirement of 40 CFR 

51.160(c) and (e) to identify the 

sources and emissions covered 

by the Rule SP for PCP. 

These provisions are approvable 

NOT IN SIP d) Registration requirements. Section heading. Approvable. 

NOT IN SIP 1) A registration must be submitted in 

accordance with the following: 

A. If there are no increases in authorized 

emissions of any air contaminant 

resulting from a replacement 

pollution control project, a 

registration must be submitted no 

later than 30 days after construction 

or implementation begins and the 

registration must be accompanied by 

a $900 fee. 

B. If a new control device or technique 

is authorized or if there are increases 

in authorized emissions of any air 

The registration requirements 

for the Rule SP for PCP at 30 

TAC Section 116.617(d)(1) 

satisfy the requirements at 40 

CFR 51.160(a) and (b) and 

51.163 to establish legally 

enforceable procedures used by 

the TCEQ to ensure protection 

of the control strategy and the 

NAAQS. The registration 

process identifies the steps the 

TCEQ will use in accepting and 

evaluating registrations for the 

Rule SP for PCP to ensure they 
28

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

contaminant resulting from the 

pollution control project, a 

registration must be submitted no 

later than 30 days prior to 

construction or implementation. The 

registration must be accompanied by 

a $900 fee. Construction or 

implementation may begin only after 

either: 

i. no written response has been 

received from the executive 

director within 30 calendar days 

of receipt by the Texas 

Commission on Environmental 

Quality (TCEQ); or 

ii. written acceptance of the 

pollution control project has been 

issued by the executive director. 

C. If there are any changes in 

representations to a previously 

authorized pollution control project 

standard permit for which there are 

no increases in authorized emissions 

of any air contaminant, a notification 

or letter must be submitted no later 

than 30 days after construction or 

implementation of the change begins. 

No fee applies and no response will 

be sent from the executive director. 

D. If there are any changes in 

representations to a previously 

authorized pollution control project 

standard permit that also increase 

authorized emissions of any air 

contaminant resulting from the 

pollution control project, a 

registration alteration must be 

submitted no later than 30 days prior 

to the start of construction or 

implementation of the change. The 

registration must be accompanied by 

a $450 fee, unless received within 

180 days of the original registration 

approval. Construction or 

implementation may begin only after 

either: 

i. no written response has been 

received from the executive 

comply with the applicability 

provisions and will be 

protective of the NAAQS. 

These provisions are 

approvable. 
29

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

director within 30 calendar days 

of receipt by the TCEQ; or 

ii. written acceptance of the 

Pollution control project has been 

issued by the executive director. 

NOT IN SIP 2) The registration must include the following: 

A. a description of process units affected 

by the project; 

B. a description of the project; 

C. identification of existing permits or 

registrations affected by the project; 

D. quantification and basis of increases 

and/or decreases associated with the 

project, including identification of 

affected existing or proposed 

emission points, all air contaminants, 

and hourly and annual emissions 

rates; 

E. a description of proposed monitoring 

and recordkeeping that will 

demonstrate that the project decreases 

or maintains emission rates as 

represented; and 

F. a description of how the standard 

permit will be administratively 

incorporated into the existing 

permit(s). 

The registration requirements for 

the Rule SP for PCP at 30 TAC 

Section 116.617(d)(2) satisfy the 

requirements at 40 CFR 

51.160(c), (d), (e) and 51.163 to 

establish legally enforceable 

whereby the source 

owner/operator identifies the 

sources and emissions to be 

authorized under the Rule SP for 

PCP. The identification of the 

monitoring and the discussion of 

how the Rule SP for PCP will be 

incorporated into existing 

permits will ensure the 

owner/operator will comply with 

applicable portions of the control 

strategy. 

These provisions are approvable.

NOT IN SIP e) Operational Requirements. Upon installation 

of the pollution control project, the owner or 

operator must comply with the requirements of 

paragraphs (1) and (2) of this subsection. 

1) General duty. The owner or operator must 

operate the pollution control project in a 

manner consistent with good industry and 

engineering practices and in such a way as 

to minimize emissions of collateral 

pollutants, within the physical 

configuration and operational standards 

usually associated with the emissions 

control device, strategy, or technique. 

2) Recordkeeping. The owner or operator 

must maintain copies on site of 

monitoring or other emission records to 

prove that the pollution control project is 

operated consistent with the requirements 

in paragraph (1) of this subsection, and the 

conditions of this standard permit. 

The requirements at 30 TAC 

Section 116.617(e) satisfy the 

requirements of 40 CFR 

51.160(d) to ensure that the 

construction or modification 

will not affect the 

owner/operator’s responsibility 

to comply with applicable 

portions of the control strategy. 

These provisions are 

approvable. 
30

Table 6: Evaluation of Revisions to 30 TAC Section 116.617 

30 TAC Section 

116.617. State Pollution 

Control Project 

Standard Permit. 

Adopted January 11, 

2006 

Date Submitted to EPA 

February 1, 2006. Rule Log Number 2005-010-

116-PR 

EPA’s Evaluation 

NOT IN SIP f) Incorporation of the standard permit into the 

facility authorization. 

1) Any new facilities or changes in method of 

control or technique authorized by this 

standard permit instead of a permit 

amendment under §116.110 of this title 

(relating to applicability) at a previously 

permitted or standard permitted facility 

must be incorporated into that facility’s 

permit when the permit is amended or 

renewed. 

2) All increases in previously authorized 

emissions, new facilities, or changes in 

method of control or technique authorized 

by this standard permit for facilities 

previously authorized by a permit by rule 

must comply with §106.4 of this title 

(relating to Requirements for Permitting by 

Rule), except §106.4(a)(1) of this title, and 

§106.8 of this title (relating to 

Recordkeeping). 

The requirements at 30 TAC 

Section 116.617(f) satisfy the 

requirements of 40 CFR 

51.160(d) to ensure that the 

construction or modification 

will not affect the 

owner/operator’s responsibility 

to comply with applicable 

portions of the control strategy. 

EPA notes that the requirements 

at 30 TAC Section 106.4 were 

SIP-approved as consistent with 

the Minor NSR requirements on 

November 14, 2003 at 68 FR 

64548. 

These provisions are 

approvable. 

The analysis presented in Table 6 demonstrates that the Rule SP for PCP at 30 TAC Section 

116.617 as submitted on February 1, 2006, satisfies the criteria for Minor NSR and can be 

approved into the Texas Minor NSR SIP. 6

While we are reviewing the Rule SP for PCP as it was submitted on February 1, 2006, it is 

important to note that TCEQ has made revisions to the Rule SP for PCP that have not been 

submitted for SIP review and approval. The TCEQ conducted rulemaking on February 9, 2011, 

to revise the Rule SP for PCP at 30 TAC Section 116.617 by adopting new requirements at 30 

TAC Sections 116.617(a)(4) and (a)(5), that provide that “no new or modified registrations will 

be accepted and no existing registrations will be renewed” under the Rule SP for PCP “on or 

after March 3, 2011.” See 36 TexReg 1323, February 25, 2011. Additionally, on February 9, 

2011, the TCEQ issued a new Non-Rule SP for PCP to replace the Rule SP for PCP (see 

Attachment A of this TSD for additional information about the Non-Rule SP for PCP). The NonRule SP for PCP became part of the Texas Minor NSR SIP immediately upon its effective date 

of March 3, 2011, and requires at sections (D)(i) – (iii) that all Rule SP for PCP authorized as of 

March 3, 2011, must be converted to a Non-Rule SP for PCP no later than the ten-year renewal 

                                                            

6

 Because the Rule SP for PCP has never been SIP-approved, there are no pollution control projects in Texas that are 

federally authorized under the Rule SP for PCP. Sources currently authorized under 30 TAC Section 116.617 may 

be authorized under Texas state law, but not under federal law. EPA’s approval of the Rule SP for PCP into the 

Texas SIP will not provide federal authorization for projects registered under the Rule SP for PCP before it was SIPapproved. 
31

anniversary of the authorization. Therefore, from March 3, 2011, forward, under the Texas SIP, 

no source can register for a new Rule SP for PCP at 30 TAC Section 116.617, and registrants for 

the existing Rule SP for PCP must use for revision and renewal purposes, the Non-Rule SP for 

PCP which the TCEQ developed pursuant to the Texas SIP at 30 TAC Sections 116.601(a)(2) 

and 116.603. 36 TexReg 2305, February 25, 2011. Because a SP must be renewed every 10 years 

pursuant to the SIP-approved provisions at 30 TAC Section 116.604, all PCPs currently 

authorized under a Rule SP for PCP are required by the Texas Minor NSR SIP to be renewed and 

converted to the Non-Rule SP no later than March 3, 2021. Effectively, the SIP Non-Rule SP for 

PCP creates a sunset date beyond which the Rule SP for PCP will be unavailable. 

 
32

C. Evaluation of Revisions to 30 TAC Section 116.911(a)(2) – Control method for 

Grandfathered and Electing Electric Generating Facilities 

Permitting of grandfathered and electing EGFs in Texas originated with Texas Senate Bill 7 (SB 

7), formed under the 76th Texas State Legislature, 1999. Texas SB 7 amended the Texas Utilities 

Code (TUC), Title 2, Public Utility Regulatory Act, Subtitle B, Electric Utilities, and created a 

new Texas Utilities Code Chapter 39, “Restructuring of Electric Utility Industry.” Texas SB 7 

required the TCEQ to establish a regulatory program implementing the statute’s mandatory 

emissions reductions for “grandfathered facilities” under the Texas Utilities Code section 39.264. 

A “grandfathered facility” is one that existed at the time the Legislature amended the Texas 

Clean Air Act (TCAA) in 1971. 

These facilities were not required to comply with (i.e., grandfathered from) the then new 

requirement to obtain permits for construction or modifications of facilities that emit air 

contaminants. Texas began permitting new and modified sources in 1971, and sources built 

before Texas’ permitting rules became effective were not required to obtain permits for air 

emissions as long as they were not modified as defined under Texas’ NSR SIP program. Texas 

SB 7 of the TUC requires EGFs that existed on January 1, 1999, to obtain a permit from the 

TCEQ even though these sources were not previously required to obtain a permit. Specifically, 

Texas SB 7 requires that for the 12-month period beginning May 1, 2003, and for each 12-month 

period following, annual emissions of oxides of nitrogen (NOX ) from grandfathered EGFs not 

exceed 50% of the NOX emissions reported to the Commission for 1997. Furthermore, it 

requires that emissions of sulfur dioxide (SO2) from coal-fired grandfathered EGFs not exceed 

75% of the SO2 emissions reported to the Commission in 1997. In addition, TUC section 

39.264(e) requires electric generating facility permits (EGFPs) for coal-fired, grandfathered 

EGFs to contain appropriate opacity limitations provided by the commission’s rules in 30 TAC 

Section 111.111, “Requirements for Specified Sources.” 

To achieve Texas SB 7's mandate, the TCEQ revised 30 TAC Chapter 116, “Control of Air 

Pollution by Permits for New Construction or Modification,” by establishing an allowance and 

permitting program for regulating grandfathered EGFs under new Subchapter I, “Electric 

Generating Facility Permits.” On December 16, 1999, Texas adopted new Subchapter I, 

submitted to the EPA for approval into Texas’s SIP on January 3, 2000. Among other provisions, 

the submittal included new 30 TAC Section 116.911, Electric Generating Facility Permit 

Application, and Section 116.911(a)(2)7

, Control method. 30 TAC Section 116.911 requires that 

owners or operators of grandfathered or electing EGFs shall submit an application to TCEQ to 

authorize NOX emissions and, if applicable, SO2 and PM emissions before September 11, 2000. 

The section requires the application to specify various requirements under 30 TAC Section 

116.911(a)(1) – (4), (b)(1) – (2), and (c) – (d). 30 TAC Section 116.911 also includes a provision 

at 30 TAC Section 116.911(a)(2) “Control method” which references the Rule SP for PCP at 30 

TAC Section 116.617. Under 30 TAC Section 116.911(a)(2), if an EGF permit applicant 

proposes the use of new control methods in its initial application, then compliance with 

                                                            

7

 EPA SIP-approved the provisions at 30 TAC Section 116.911(a)(1) – (4), (b)(1) – (2), and (c) –(d) On January 11, 

2011. See 76 FR 1525. 
33

particular provisions in 30 TAC Section 116.617 is required and TCEQ may require air 

dispersion modeling or ambient monitoring. 

EPA partially approved and partially disapproved the Texas provisions for the permitting of 

grandfathered and electing EGFs in Texas subject to Texas SB on January 11, 2011. See 76 FR 

1525. As explained more fully in this notice, EPA partially disapproved the provisions for 

control methods for grandfathered electric generating units at 30 TAC Section 116.911(a)(2) 

because they provided that a source could obtain coverage under the Rule SP for PCP at 30 TAC 

Section 116.617, which we had disapproved on September 15, 2010. Upon finalization of our 

partial approval and partial disapproval, several parties (Luminant Generation Company, L.L.C.; 

Big Brown Power Company, L.L.C.; and the State of Texas) filed a petition for review of EPA 

action to the Fifth Circuit Court of Appeals. On September 12, 2012, EPA requested the Fifth 

Circuit vacate our disapproval and remand the provision back to EPA for further proceedings. 

On October 4, 2012, the Fifth Circuit granted our request by vacating our disapproval of 30 TAC 

Section 116.911(a)(2) and remanded the matter back to EPA. 

As a result of our September 12, 2012, request for vacatur and remand of 30 TAC Section 

116.911(a)(2), this provision as submitted on January 3, 2000 is still before us for review as a 

component of the Texas Minor NSR program. Because we are now evaluating the Rule SP for 

PCP at 30 TAC Section 116.617, it is appropriate to also evaluate 30 TAC Section 116.911(a)(2) 

for inclusion in the Texas Minor NSR SIP. Table 7 below presents our analysis of 30 TAC 

Section 116.911(a)(2). 

Table 7: Evaluation of 30 TAC Section 116.911 

30 TAC Section 116.911. 

Electric Generating Facility 

Permit Application. 

SIP-approved by EPA on 

January 11, 2011. See 76 FR 

1525. As Adopted December 16, 

1999. 

Date Submitted to EPA 

January 3, 2000. As 

adopted by the TCEQ on 

December 16, 1999. Rule Log 

Number 

99033-116-AI 

EPA’s Evaluation 

a) Owners or operators of 

generating grandfathered or 

electing electric facilities 

(EGF) shall submit an 

application to authorize 

nitrogen oxides emissions 

and, if applicable, sulfur 

dioxide (SO2) and particulate 

matter (PM) emissions. The 

application must include a 

completed Form PI-1-U, 

General Application. The 

Form PI-1-U must be signed 

by an authorized 

representative of the 

applicant. The Form PI-1-U 

specifies additional support 

information which must be 

SIP-approved language. No change to SIP-approved 

language. 
34

Table 7: Evaluation of 30 TAC Section 116.911 

30 TAC Section 116.911. 

Electric Generating Facility 

Permit Application. 

SIP-approved by EPA on 

January 11, 2011. See 76 FR 

1525. As Adopted December 16, 

1999. 

Date Submitted to EPA 

January 3, 2000. As 

adopted by the TCEQ on 

December 16, 1999. Rule Log 

Number 

99033-116-AI 

EPA’s Evaluation 

provided before the 

application is deemed 

complete. In order to be 

granted an electric generating 

facility permit (EGFP), the 

owner or operator shall 

submit information to the 

commission which 

demonstrates that all of the 

following are met. 

1) Measurement of 

emissions and 

performance 

demonstration. 

Applicants must propose 

monitoring and reporting 

for the measurement of 

emissions and 

demonstration of 

performance consistent 

with §116.914 of this 

title (relating to 

Emissions Monitoring 

and Reporting 

Requirements). 

SIP-approved language. No change to SIP-approved 

language. 

NOT IN SIP 2) Control method. New control 

methods proposed in initial 

applications must comply 

with the requirements in 

§116.617(1), (3), (4)(A) and 

(B) and (5) - (9) of this title 

(relating to Standard Permit 

for Pollution Control 

Projects). 

The provision at 30 TAC Section 

116.911(a)(2) as initially 

submitted on January 3, 2000 is 

approvable. This provision 

references the Standard Permit for 

Pollution Control Projects (Rule 

SP for PCP) at 30 TAC Section 

116.617. Under Section 

116.911(a)(2), if an EGF permit 

applicant proposes the use of new 

control methods in its initial 

application, then compliance with 

particular provisions in Section 

116.617 is required, and TCEQ 
35

Table 7: Evaluation of 30 TAC Section 116.911 

30 TAC Section 116.911. 

Electric Generating Facility 

Permit Application. 

SIP-approved by EPA on 

January 11, 2011. See 76 FR 

1525. As Adopted December 16, 

1999. 

Date Submitted to EPA 

January 3, 2000. As 

adopted by the TCEQ on 

December 16, 1999. Rule Log 

Number 

99033-116-AI 

EPA’s Evaluation 

may require air dispersion 

modeling or ambient monitoring 

also. 

As discussed in Table 6, EPA’s 

analysis demonstrates that 30 

TAC Section 116.617 is an 

approvable component of the 

Texas Minor NSR program. By 

extension, the provision at 30 

TAC Section 116.911(a)(2) 

providing for the use of the Rule 

SP for PCP is also approvable 

under the Texas Minor NSR 

Program. 

3) Air dispersion modeling or 

ambient monitoring for 

pollution control projects. 

Computerized air dispersion 

modeling and/or ambient 

monitoring may be required 

by the commission’s Air 

Permits Division where there 

is an increase in emissions to 

determine the air quality 

impacts from controls 

proposed under paragraph (2) 

of this subsection. 

SIP-approved language. No change to SIP-approved 

language. 

4) Opacity limitations for coalfired grandfathered and 

electing EGFs. The coal-fired 

grandfathered and electing 

EGFs must meet the opacity 

limitations of §111.111 of this 

title (relating to Requirements 

for Specified Sources). 

SIP-approved language. No change to SIP-approved 

language. 

b) Application information for 

electing EGFs. 

1) In addition to the 

information required in 

this section, EGFP 

applications regarding 

electing EGFs shall 

SIP-approved language. No change to SIP-approved 

language. 
36

Table 7: Evaluation of 30 TAC Section 116.911 

30 TAC Section 116.911. 

Electric Generating Facility 

Permit Application. 

SIP-approved by EPA on 

January 11, 2011. See 76 FR 

1525. As Adopted December 16, 

1999. 

Date Submitted to EPA 

January 3, 2000. As 

adopted by the TCEQ on 

December 16, 1999. Rule Log 

Number 

99033-116-AI 

EPA’s Evaluation 

contain the following 

information: 

A. documentation of the 

emissions from the 

1997 Emissions 

Scorecard from the 

EPA Acid Rain 

Program, or if that 

information is not 

available, the actual 

emissions from that 

electing EGF for 

calendar year 1997; 

B. documentation of 

fuel consumption, 

fuel heating values, 

and heat input in 

millions of British 

thermal units 

(MMBtu) for 

calendar year 1997; 

C. identification of the 

electing EGFs to be 

included. 

2) Emissions of air 

contaminants from 

electing EGFs other than 

NOx, and if applicable, 

SO2 and PM, already 

authorized by Chapter 

116 of this title (relating 

to Control of Air 

Pollution by Permits for 

New Construction or 

Modification), will not be 

authorized under this 

subchapter. 

c) The owner or operator of a 

grandfathered or electing EGF 

must submit an application for 

a permit under this subchapter 

on or before September 1, 

2000. 

SIP-approved language. No change to SIP-approved 

language. 

d) All applications for an EGFP 

shall be submitted under the 

seal of a Texas licensed 

SIP-approved language. No change to SIP-approved 

language.
37

Table 7: Evaluation of 30 TAC Section 116.911 

30 TAC Section 116.911. 

Electric Generating Facility 

Permit Application. 

SIP-approved by EPA on 

January 11, 2011. See 76 FR 

1525. As Adopted December 16, 

1999. 

Date Submitted to EPA 

January 3, 2000. As 

adopted by the TCEQ on 

December 16, 1999. Rule Log 

Number 

99033-116-AI 

EPA’s Evaluation 

professional engineer if 

required by §116.110(e) of 

this title (relating to 

Applicability). 

 
38

IV. Conclusion 

The technical analysis provided in the preceding sections has evaluated revisions to the Texas 

Standards Permits Program as a component of the Texas Minor NSR SIP. Specifically, we 

reviewed portions of four separate SIP revisions submitted on January 3, 2000, February 1, 2006, 

and March 11, 2011 specific to the Rule SP and the Rule SP for PCP. EPA’s evaluation 

demonstrates that the provisions establishing the Rule SP and the Rule SP for PCP are correctly 

limited to Minor NSR and are consistent with the CAA and EPA’s regulations and guidance for 

Minor NSR. It is recommended that EPA approve the following revisions to the Texas SIP: 

 30 TAC Section 116.601(a)(1) submitted on January 3, 2000, as adopted on December 

16, 1999; 

 30 TAC Section 116.601(a)(1) submitted on March 11, 2011, as adopted on February 9, 

2011; 

 30 TAC Section 116.617 submitted on February 1, 2006, as adopted on January 11, 2006; 

 30 TAC Section 116.911(a)(2) submitted on January 3, 2000, as adopted on December 

16, 1999. 

 
39

Attachment A – The Non-Rule Standard Permit for Pollution Control 

Projects 

The following information is an excerpt from the Executive Summary of the Non-Rule Standard 

Permit for Pollution Control Projects. 

New Non-Rule Standard Permit for Pollution Control Projects 

Adopted by the TCEQ on February 9, 2011 

Rule Project No. 2012-057-OTH-NR 

SUMMARY DOCUMENT 

AIR QUALITY STANDARD PERMIT FOR POLLUTION CONTROL PROJECTS 

 I. EXECUTIVE SUMMARY 

The Texas Commission on Environmental Quality (commission) issues a new non-rule Pollution 

Control Project Standard Permit (PCP SP) for pollution control projects authorized under the Texas 

Health and Safety Code (THSC), § 382.05195. In a concurrent action, the commission is adopting 

amendments to the PCP SP in 30 Texas Administrative Code (TAC) Subchapter F, § 116.617. Upon 

issuance by the commission, the new standard permit can be used to authorize pollution control projects 

undertaken voluntarily or as required by any federal or state statute or rule that reduce or maintain 

currently authorized air emission limits for facilities authorized by a New Source Review (NSR) permit 

under 30 TAC Chapter 116, a standard permit adopted under 30 TAC Chapter 116 Subchapter F, or 

Permits by Rule (PBR) adopted under 30 TAC Chapter 106. 

Please see the pdf file at the link below to review the balance of this Summary Document: 

 

http://www.tceq.texas.gov/assets/public/permitting/air/Announcements/pcpsp-exsum.pdf