TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

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Table of Contents 

I. Introduction ................................................................................................................................................Page 1 

A. Overview .............................................................................................................................................Page 1 

B. What are we Addressing in this Action? .............................................................................................Page 1 

C. What are we not Addressing in this Action? .......................................................................................Page 2 

II. Overview of Submitted Revisions ..............................................................................................................Page 3 

A. What Pending SIP Revisions is EPA Addressing in this Action? .......................................................Page 3 

B. What Rules and Regulations is EPA not Addressing in this Action? ..................................................Page 5 

III. How is the Evaluation of these Rules Organized in this Document? .........................................................Page 7 

IV. Detailed Discussion and Evaluation of Specific Provision of the Submitted Rules ...................................Page 8 

A. The Submitted Anti-Backsliding Major NSR SIP Requirements for the One-Hour Ozone 

 NAAQS ...............................................................................................................................................Page 8 

1. What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval? ...............................................................................................Page 8 

i. EPA’s September 15, 2010, disapproval of the anti-backsliding requirements 

for the 1-hour ozone NAAQS ...............................................................................................Page 8 

B. The Submitted Major NSR SIP Requirements for the 1997 Eight-Hour Ozone NAAQS ..................Page 13 

1. What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval? ...............................................................................................Page 13 

i. EPA’s September 15, 2010, disapproval of the submitted Major 

Nonattainment NSR SIP requirements for the 1997 eight-hour ozone NAAQS ...................Page 13 

C. The Submitted Major NSR Reform SIP Revisions for Major NSR With PAL Provisions .................Page 15 

1 What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval? ...............................................................................................Page 15 

i. EPA’s September 15, 2010, disapproval of the PAL Program because it lacks a 

provision which limits applicability of a PAL only to an existing major stationary 

source ....................................................................................................................................Page 15 

ii. EPA’s September 15, 2010, disapproval of the PAL Program for lack of 

provisions that relate to PAL reopenings ..............................................................................Page 16 

iii. EPA’s September 15, 2010, disapproval of the PAL Program for lack of 

mandate the failure to use required monitoring system renders the PAL invalid ..................Page 18 

iv. EPA’s September 15, 2010, disapproval of the PAL Program because it did not 

account for all the emissions of a pollutant at a major stationary source ..............................Page 19 

v. EPA’s September 15, 2010, disapproval of the PAL Program because the PAL Program 

does not calculate baseline actual emissions in terms of the average rate in tons per year ...Page 21 

vi. EPA’s September 15, 2010, disapproval of the PAL Program because it did not 

includes specific definitions of CEMS, CERMS, CPMS, and PEMS ...................................Page 22 

2. Evaluation of other Issues that are not Related to the Grounds for the September 15, 

2010, Disapproval ........................................................................................................................Page 23 

i. Submittal of 40 TAC 116.12(23) – Definition of “plant-wide applicability limit 

effective date” .......................................................................................................................Page 23 

ii. 30 TAC 116.12(22) – Definition of “Plant-Wide Applicability Limit” – and 

30 TAC 116.186(a). .............................................................................................................Page 24 

iii. Submittal of 40 TAC 116.186(c)(2) ......................................................................................Page 26 

iv. Submittal of 40 TAC 116.186(a) ..........................................................................................Page 28 

D. The Submitted Non-PAL Aspects of the Major NSR SIP Requirements ............................................Page 29 

1. What are the Revisions Relating to the Grounds for the September 15, 2010, 

Disapproval? ................................................................................................................................Page 29 

i. EPA’s September 15, 2010, disapproval of the non-PAL aspects of the Major 

NSR Program because the rules do not explicitly limit the definition “facility” 

to an “emissions unit.” ..........................................................................................................Page 29 
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Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

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ii. EPA’s September 15, 2010, disapproval of the non-PAL aspects of the Major 

NSR Program because it does not require the inclusion of emissions resulting 

from startups, shutdowns, and malfunctions .........................................................................Page 35 

iii. EPA’s September 15, 2010, disapproval of the non-PAL aspects of the Major 

NSR Program because it does not provide that emissions must be calculated in 

terms of the average rate in tons per year. .............................................................................Page 41 

V. Does Approval of Texas’s Rule Revisions Interfere with Attainment, Reasonable Further Progress, 

or Any Other Applicable Requirement of the Act? ...................................................................................Page 42 

Appendix

Revisions to the State Implementation Plan Relating to Eight-Hour Ozone and New Source 

Review Reform ............................................................................................................................................ Page i 

Annotation and Evaluation – 30 TAC Chapter 116 – Control of Air Pollution by Permits for New 

Construction or Modification .......................................................................................................... Page 116.12-1 

Subchapter A – Definitions .................................................................................................................... Page 116.12-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.12 – Nonattainment and Prevention of 

Significant Deterioration Review Definitions ........................................................................................ Page 116.12-1 

Subchapter B – New Source Review ...................................................................................................... Page 116.115-1 

Division 1 – Permit Application ............................................................................................................. Page 116.115-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.115 – General and Special Conditions ............... Page 116.115-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.121 – Actual to Projected Actual Test for 

Emissions Increase ............................................................................................................................ Page 116.121-1 

Division 5 – Nonattainment Review ....................................................................................................... Page 116.150-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.150 – New Major Source or Major 

 Modification in Ozone Nonattainment Area ................................................................................... Page 116.150-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.151 – New Major Source or Major 

Modification in Nonattainment Areas Other than Ozone ................................................................ Page 116.151-1 

Subchapter C – Plantwide Applicability Limits ..................................................................................... Page 116.180-1 

Division 1 – Plantwide Applicability Limits .......................................................................................... Page 116.180-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.180 – Applicability ............................................ Page 116.180-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.182 – Plant-Wide Applicability Limit 

Permit Application .......................................................................................................................... Page 116.182-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.184 – Application Review Schedule .................. Page 116.184-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.186 – General and Special Conditions ............... Page 116.186-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.188 – Plant-wide Applicability Limit ................ Page 116.188-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.190 – Federal Nonattainment and Prevention 

of Significant Deterioration Review ................................................................................................ Page 116.190-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.192 – Amendments and Alterations ................... Page 116.192-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.196 – Renewal of a Plant-wide Applicability 

Limit Permit .................................................................................................................................... Page 116.196-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.198 – Expiration and Voidance .......................... Page 116.198-1 
TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

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I. Introduction 

A. Overview. This Technical Support Document (TSD) is a technical evaluation of 

submitted revisions to the Texas State Implementation Plan (SIP). Specifically, this is 

an evaluation of SIP revisions to Title 30 of the Texas Administrative Code (30 

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

Modification. This includes the following final and proposed rules and clarification 

letter:

1. Revisions originally submitted June 10, 2005, and resubmitted March 11, 2011 

(referred to as SIP revisions submitted March 11, 2011-1), under Rule Project 

No. 2005-009-116-AI, relating to New Source Review for Eight-Hour Ozone 

Standard (which the Environmental Protection Agency (EPA) disapproved 

September 15, 2010, 75 FR 56424); 

2. Revisions originally submitted February 1, 2006, and resubmitted March 11, 2011 

(referred to as SIP revisions submitted March 11, 2011-2), under Rule Project 

No. 2005-010-116-PR, relating to Federal New Source Review (NSR) Permit 

Rules Reform (which EPA disapproved September 15, 2010, 75 FR 56424); 

3. Revisions submitted March 11, 2011 (referred to as SIP revisions submitted 

March 11, 2011-1), under Rule Project No. 2008-030-116-PR, relating to One 

Hour Ozone Major Source Thresholds and Emission Offsets; 

4. Revisions submitted March 11, 2011 (referred to as SIP revisions submitted 

March 11, 2011-2), under Rule Project No. 2010-008-116-PR, relating to New 

Source Review (NSR) Reform; and 

5. SIP revisions proposed February 22, 2012, under Rule Project No. 2012-015-116-

AI, for parallel processing; and 

6. Letter dated May 3, 2012, by the Texas Commission on Environmental Quality 

(TCEQ) to EPA as a demonstration showing that certain of its submitted rules are 

at least as stringent as the Federal NSR Reform Program. 

B. What are we Addressing in this Action? Except as identified in section I.C, EPA is 

addressing the SIP revisions identified below that the TCEQ submitted to EPA for 

review. Additional information is included in Tables 1 and 2 in section II and in the 

Appendix. 

1. One Hour Ozone Major Source Thresholds and Emission Offsets. This includes: 

i. SIP revisions originally submitted June 10, 2005, under Rule Project No. 

2005-009-116-AI, and resubmitted March 11, 2011-1. 

ii. SIP revisions submitted March 11, 2011-1, under Rule Project No. 2008-

030-116-PR, One Hour Ozone Major Source thresholds and Emission 

Offsets. 

2. New Source Review (NSR) Reform. This includes: 

i. SIP revisions originally submitted February 1, 2006, under Rule Project No. 

2005-010-116-PR and resubmitted March 11, 2011-2. 
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ii. SIP revisions submitted March 11, 2011-2 under Rule Project No. 2010-

008-116-PR, New Source Review (NSR) Reform. 

iii. SIP revisions proposed February 22, 2012, under Rule Project No. 2012-

015-116-AI, for parallel processing. 

iv. TCEQ’s letter dated May 3, 2012, which provides a demonstration showing 

certain of its submitted rules are at least as stringent as the Federal NSR 

Reform Program. 

C. What are we not Addressing in this Action? 

1. The following provisions were addressed separately in EPA’s action on the Texas 

Infrastructure SIP Revisions1

: 

i. Revisions to 30 TAC 101.1 submitted March 11, 2011-1, under Rule Project 

No. 2008-030-116-PR, One Hour Ozone Major Source thresholds and 

Emission Offsets. 

ii. Portions of the following revisions to 30 TAC 116.12 (identified in section 

I.C.1.iii, below): 

a. Revisions adopted by TCEQ on May 25, 2005, under Rule Project No. 

2005-009-116-AI, submitted June 10, 2005, resubmitted March 11, 

2011-1; 

b. Revisions adopted by TCEQ on January 11, 2006, under Rule Project 

No. 2005-010-116-PR, submitted February 1, 2006, resubmitted March 

11, 2011-2; 

c. Revisions adopted by TCEQ on February 9, 2011, under Rule Project 

No. 2008-030-116-PR, submitted March 11, 2011-1; and 

d. Revisions adopted by TCEQ on February 9, 2011, under Rule Project 

No. 2010-008-116-PR, submitted March 11, 2011-2; 

iii. The specific portions of 30 TAC 116.12 that were separately approved in the 

Texas Infrastructure SIP Revisions which include the following: 

a. Revisions to the section title of 30 TAC 116.12; 

b. Revisions to the introductory paragraph of 30 TAC 116.12; 

c. The new definition of “federally regulated NSR pollutant” under 30 

TAC 116.12(14); 

d. Revisions to the definition of “major stationary source” under 30 TAC 

116.12(17); and 

e. Revisions to the definition of “major modification” under 30 TAC 

116.12(18). 

 1

 EPA partially approved and partially disapproved submittals from the Texas Infrastructure and Interstate 

Transport Requirements of the 1997 Ozone and 1997 and 2006 PM2.5 NAAQS on December 28, 2011 (76 FR 

81371). This includes final approval of the rules identified in section I.C.1. 
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2. The following provisions will be addressed in separate actions: 

i. Amendments to 30 TAC 116.601 adopted by TCEQ on February 9, 2011, 

under Rule Project No. 2010-008-116-PR, submitted March 11, 2011-2; 

ii. Amendments to 30 TAC 116.610 as follows: 

a. Adopted by TCEQ on January 11, 2006, under Rule Project No. 2005-

010-116-PR, submitted February 1, 2006, resubmitted March 11, 2011-

2; 

b. Adopted by TCEQ on February 9, 2011, under Rule Project No. 2010-

008-116-PR, submitted March 11, 2011-2. 

II. Overview of Submitted Revisions 

A. What Pending SIP Revisions is EPA Addressing in this Action? The pending SIP 

revisions that we are addressing in this action are identified in Table 1. See the 

Appendix for further details on the specific changes that were submitted. 

Table 1. Summary of Pending SIP Submittals Addressed in this Action

Description of 

SIP Submittal 

Texas Rule 

Project Number 

Date 

Submitted 

to EPA 

Adopted by 

State 

Effective as 

State Rule 

Rules Addressed in this 

Action 

New Source 

Review for 

Eight-Hour 

Ozone 

Standard 

2005-009-116-AI 

2008-030-116-PR 

3/11/2011-1a 5/25/2005 6/15/2005 Amended 30 TAC 

116.12c

, and 116.150 

Federal New 

Source 

Review 

(NSR) Permit 

Rules Reform 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b 1/11/2006 2/1/2006 Amended 30 TAC 

116.12c

, 116.150, 

116.151, 116.160, and 

116.610; 

Repeal of 30 TAC 

116.617; and 

New 30 TAC 116.121, 

116.180, 116.182, 

116.184, 116.186, 

116.188, 116.190, 

116.192, 116.196, and 

116.198. 

One Hour 

Ozone Major 

Source 

Thresholds 

and Emission 

Offsets 

2008-030-116-PR 3/11/2011-1 2/9/2011 3/3/2011 Amended 30 TAC 101.1d

, 

116.12c

, and 116.150 
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Description of 

SIP Submittal 

Texas Rule 

Project Number 

Date 

Submitted 

to EPA 

Adopted by 

State 

Effective as 

State Rule 

Rules Addressed in this 

Action 

New Source 

Review 

(NSR) 

Reform 

2010-008-116-PR 3/11/2011-2 2/9/2011 3/3/2011 Amended 30 TAC 

116.12c

, 116.115, 

116.180, 116.182, 

116.186, 116.188, 

116.190, 116.192, and 

116.601; 

Repeal of 30 TAC 

116.121; and 

New 30 TAC 116.127. 

NSR Reform 

Revisions 

2012-015-116-AI e e e Amended 30 TAC 

116.12(23); 116.150(a), 

(d)(1), and (d)(3); 

116.151(a), (c)(1), and 

(c)(3); 116.180(a)(5); 

116.186(b)(9). 

Proposed revision 

submitted for parallel 

processing. 

Letter of 

explanation 

and 

interpretation 

of the Texas 

SIP for NSR 

Reform 

N/A f f f Letter dated 5/3/2012 

from TCEQ to EPA 

which explains and 

clarifies TCEQ’s 

interpretation of 

sections 116.12(22) and 

116.186(a), (b)(9), and 

(c)(2). a

 Originally submitted June 10, 2005. Following disapproval on September 15, 2010, TCEQ on March 11, 

2011-1, resubmitted the provisions that were previously disapprove to ensure that EPA considers the prior 

submittals in its action on the revisions submitted on March 11, 2011-1. 

b

 Originally submitted February 1, 2006. Following disapproval on September 15, 2010, TCEQ on March 11, 

2011-2, resubmitted the provisions that were previously disapprove to ensure that EPA considers the prior 

submittals in its action on the revisions submitted on March 11, 2011-2. 

c

 The following provisions of 30 TAC 116.12 were addressed separately in the Texas Infrastructure SIP: The 

revised title, the introductory paragraph, and paragraphs (14), (17), and (18). These revisions were adopted in the 

two revisions under Texas Rule Project Nos. 2008-030-116-PR and 2010-008-116-PR, each adopted February 9, 

2011, submitted March 11, 2011-1 and -2. See section I.C.1. 

d

 30 TAC 101.1 was addressed separately in the Texas Infrastructure SIP. See section I.C.1. 

e

 Proposed by TCEQ on February 22, 2012, for parallel SIP processing. 

f Letter dated May 3, 2012, with explanation and interpretation of the Texas SIP for NSR Reform. 
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B. What Rules and Regulations is EPA Addressing in this Action? The rules and 

regulations we are addressing in this action are identified in Table 2 below. See the 

Appendix for further details on the specific requirements of these rules and 

regulations and our evaluation of the rules and regulations.

Table 2. Summary of Individual Revisions to each section evaluated 

Section - Title Texas Rule Project 

Number 

Date 

Submitted to 

EPA 

Adopted by 

State 

Comments 

30 TAC 116.12 – 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review Definitions 

2005-009-116-AI 

2008-030-116-PR 

3/11/2011-1a 5/25/2005 Amended paragraphs (7), (11), and 

(13)d 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2 1/11/2006 c, d

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended paragraphs (3), (20). and 

(29)d

2012-015-116-AI e e Amended paragraph (23) 

N/A f f TCEQ’s letter dated 5/3/2012 

explains and clarifies TCEQ’s 

interpretation of the definition of 

“plant-wide applicability limit” in 

paragraph (22). 

30 TAC 116.115 – 

General and 

Special Conditions 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended subparagraph (b)(2)(F) 

30 TAC 116.127 – 

Actual to Projected 

Actual and 

Emission Exclusion 

Test for Emissions 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Submitted as 30 TAC 116.127 

2010-008-116-PR 3/11/2011-2 2/9/2011 Repealed; Replaced w/ new 30 TAC 

116.127 

30 TAC 116.150 – 

New Major Source 

or Major 

Modification in 

Ozone 

Nonattainment 

Area 

2005-009-116-AI 

2008-030-116-PR 

3/11/2011-1a 5/25/2005 Amended subsections (a); 

New subsections (b), (c), (d), and (e); 

Renamed subsection (b) to subsection 

(f) 

2005-010-116-PR 

2012-015-116-AI 

3/11/2011-2b 1/11/2006 Amended subsections (a), (b), (c), 

(d), and (e) 

2008-030-116-PR 3/11/2011-1 2/9/2011 Amended subsections (a) and (b); 

Removed subsection (d); 

Renamed subsection (e) to subsection 

(d); 

Amended subsection (d) as renamed 

2012-015-116-AI e e Amended paragraphs (a), (d)(1), and 

(d)(3) e

30 TAC 116.151 – 

New Major Source 

or Major 

Modification in 

Nonattainment 

Areas Other Than 

Ozone 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Amended subsections (a), (b), and (c) 

2010-008-116-PR 3/11/2011-2 2/9/2011 Resubmitted with no additional 

changes 

2012-015-116-AI e e Amended paragraphs (a), (c)(1), and 

(c)(3) e
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Section - Title Texas Rule Project 

Number 

Date 

Submitted to 

EPA 

Adopted by 

State 

Comments 

30 TAC 116.180 – 

Applicability 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b 1/11/2006 Initial submittal 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended subsection (a) 

2012-015-116-AI e e Amended paragraph (a)(5) e

30 TAC 116.182 – 

Plant-Wide 

Applicability Limit 

Permit 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended paragraph (1) 

30 TAC 116.184 – 

Application 

Review Schedule 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

Resubmitted with no additional 

changes 

30 TAC 116.186 – 

General and 

Specific Conditions 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended subsections (a) and (b) 

2012-015-116-AI e e Amended paragraph (b)(9) e

N/A f f TCEQ’s letter dated 5/3/2012 

explains and clarifies TCEQ’s 

interpretation of paragraphs (a), 

(b)(9) and (c)(2). 

30 TAC 116.188 – 

Plant-Wide 

Applicability Limit 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended main paragraph 

30 TAC 116.190 – 

Federal 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended subsection (a) 

30 TAC 116.192 – 

Amendments and 

Alterations 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

2010-008-116-PR 3/11/2011-2 2/9/2011 Amended subsection (c) 

30 TAC 116.196 – 

Renewal of a PlantWide Applicability 

Limit Permit 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

Resubmitted without no additional 

changes 

30 TAC 116.198 – 

Expiration and 

Voidance 

2005-010-116-PR 

2010-008-116-PR 

3/11/2011-2b

 1/11/2006 Initial submittal 

Resubmitted without no additional 

changes a

 Originally submitted June 10, 2005. Following disapproval on September 15, 2010, TCEQ on March 11, 

2011-1, resubmitted the provisions that were previously disapproved to ensure that EPA considers the prior 

submittals in its action on the revisions submitted on March 11, 2011-1. 

b

 Originally submitted February 1, 2006. Following disapproval on September 15, 2010, TCEQ on March 11, 

2011-2, resubmitted the provisions that were previously disapproved to ensure that EPA considers the prior 

submittals in its action on the revisions submitted on March 11, 2011-2. 
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c In the February 1, 2006, SIP submittal (resubmitted March 11, 2011-2), 30 TAC 116.12 included the following 

revisions: 

• The addition of new paragraphs (3)-(4), (7)-(8), (13)-(14), (16), (22)-(26), (29)-(31), (33)-(34), and 

(36). 

• The following paragraphs were renumbered, consistent with the new paragraphs identified above, as 

follows: 

9 Existing paragraphs (3)-(4) to paragraphs (5)-(6), respectively; 

9 Existing paragraphs (5)-(8) to paragraphs (9)-(12), respectively; 

9 Existing paragraph (9) to paragraph (15); 

9 Existing paragraphs (10)-(14) to paragraphs (17)-(21), respectively; 

9 Existing paragraphs (15)-(16) to paragraphs (27)-(28), respectively; 

9 Existing paragraph (17) to paragraph (32); and 

9 Existing paragraph (18) to paragraph (35). 

• The following existing paragraphs, as renumbered, were further revised: (1), (11), (12), (17), (18), and 

(20). d This includes portions of 30 TAC 116.12 that were separately approved in the Texas Infrastructure SIP in 

which EPA approved. See 76 FR 81371, December 28, 2011. In this action, EPA approved the following: The 

revised title of 30 TAC 116.12; the introductory paragraph to 30 TAC 116.12; the definition of “federally regulated 

NSR pollutant” in 30 TAC 116.12(14), the definition of “major stationary source” in 30 TAC 116.12(17), and the 

definition of “major modification” in 30 TAC 116.12(18).” e

 Proposed by TCEQ on 2/22/2012, for parallel SIP processing. 

f Letter dated May 3, 2012, with explanation and interpretation of the Texas SIP for NSR Reform. 

III. How is the Evaluation of these Rules Organized in this Document? 

A. The Appendix to this document contains a detailed evaluation of each rule concerning 

whether it meets, or does not meet, applicable Federal requirements. It includes an 

underline/strikeout annotation of the submitted rules which shows how each rule is 

changed and an evaluation of whether the revised rule meets the requirements for SIP 

approval under 40 CFR part 51 and the Clean Air Act (Act or CAA).

B. Specific provisions of the submitted rules that require examination in greater detail 

than what is feasible in the Appendix are evaluated immediately following the 

evaluation matrix or in section IV which includes a detailed discussion of specific 

provisions that relate to specific issues that require extensive discussion concerning 

whether they meet applicable requirements for SIP approval.

C. Each rule is reviewed for compliance with the requirements of the Act and Title 40 of 

the Code of Federal Regulations (40 CFR) part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans. These requirements include, but 

are not limited to, the following:

1. §110(a)(2)(C) of the Act which provides:

(C) include a program to provide for the . . . regulation of the modification 

and construction of any stationary source within the areas covered by the plan 

as necessary to assure that national ambient air quality standards are achieved, 

including a permit program as required in parts C and D;
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2. §110(l) of the Act which provides:

(l) Plan Revisions. – 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.

3. 40 CFR 51.165 – Permit requirements. The regulatory text of 40 CFR 51.165 is 

available on line at http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=feed49ec24fac67402c2bf6fa403850d&rgn=div8&view=text&no

de=40:2.0.1.1.2.6.8.6&idno=40.

4. 40 CFR 51.166 – Prevention of significant deterioration of air quality. The 

regulatory text of 40 CFR 51.166 is available on line at 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=0dbbe52d31085f8454d6cbf1412e1557&rgn=div8&view=text&n

ode=40:2.0.1.1.2.6.8.7&idno=40.

5. Other applicable requirements of the Act, 40 CFR part 51, and applicable policy 

and guidance will be identified in the evaluation where appropriate. 

IV. Detailed Discussion and Evaluation of Specific Provisions of the Submitted Rules 

A. The Submitted Anti-Backsliding Major NSR SIP Requirements for the OneHour Ozone NAAQS

1. What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval?

i. EPA’s September 15, 2010, disapproval of the anti-backsliding 

requirements for the 1-hour ozone NAAQS. EPA disapproved these 

provisions because the submitted revisions to 30 TAC 116.12(18)2

 and 

116.150(d), each submitted June 10, 2005, and February 1, 2006, do not 

comply with the CAA as interpreted by the Court in the South Coast Air 

Quality Management District, et al., v. EPA, 472 F.3d 882 (D.C. Cir. 2006), 

rehearing denied 489 F.3d 1245 (2007) (clarifying that the vacatur was 

limited to the issues on which the court granted the petitions for review) 

decision because the opinion does not require further action by EPA with 

respect to NSR. See 75 FR 56424, at 56429-56431.

a. What were the grounds for this disapproval? On July 18, 1997 (62 FR 

38856), EPA promulgated a new NAAQS for ozone based upon eight-

 2

EPA separately addressed the submitted revisions to 30 TAC 116.12(18), definition of “major modification,” 

in the Texas Infrastructure SIP. See section I.C.1 for further information on the Texas Infrastructure SIP. 

Accordingly, this evaluation only addresses the submitted revisions to 30 TAC 116.150(d). All references, herein, to 

the portions of 30 TAC 116.12 that were approved in the Texas Infrastructure SIP are for informational purposes 

only. 
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hour average concentrations. The eight-hour averaging period replaced 

the previous one-hour averaging period, and the level of NAAQS was 

changed from 0.12 parts per million (ppm) to 0.08 ppm. On April 30, 

2004 (69 FR 23951), EPA published a final rule that addressed key 

elements related to implementation of the 1997 eight-hour ozone 

NAAQS including, but not limited to: 

• Revocation of the one-hour NAAQS; and 

• How anti-backsliding principles will ensure continued progress 

toward attainment of the 1997 eight-hour ozone NAAQS (Phase 1 

Rule). 

We codified the anti-backsliding provisions governing the transition 

from the revoked one-hour ozone NAAQS to the 1997 eight-hour ozone 

NAAQS in 40 CFR 51.905(a). The one-hour ozone major nonattainment 

NSR SIP requirements indicated that certain one-hour ozone standard 

requirements were not part of the list of anti-backsliding requirements 

provided in 40 CFR 51.905(f). 

On December 22, 2006, the D.C. Circuit of Appeals in South Coast 

vacated the Phase 1 Implementation Rule in its entirety. Following 

EPA's request for rehearing and clarification of the ruling, the Court 

clarified on June 8, 2007, that it was vacating the rule only to the extent 

that it had upheld petitioners’ challenges. Thus, the Court vacated the 

provisions in 40 CFR 51.905(e) that waived obligations under the 

revoked one-hour standard for NSR. The court’s ruling, therefore, 

maintains major nonattainment NSR applicability thresholds and 

emission offset ratios pursuant to classifications previously in effect for 

areas designated nonattainment for the one-hour ozone NAAQS. 

On June 10, 2005, and February 1, 2006, Texas submitted SIP revisions 

to 30 TAC 116.123

 and 30 TAC 116.150 which relate to the transition 

from the major nonattainment NSR requirements applicable for the onehour ozone NAAQS to the implementation of the major nonattainment 

NSR requirements applicable to the 1997 eight-hour ozone NAAQS. 

Texas’s revisions to the introductory paragraph to subsection (d) of 30 

TAC 116.150, effective as state law on June 15, 2005, provided that for 

“the Houston-Galveston-Brazoria, Dallas-Fort Worth, and BeaumontPort Arthur eight-hour ozone nonattainment areas, if the United States 

Environmental Protection Agency promulgates rules requiring new 

source review permit applications in these areas to be evaluated for 

nonattainment new source review according to the area’s one-hour 

standard classification,” then “each application will be evaluated 

according to that area’s one-hour standard classification” and “. . . the de 

minimis threshold test (netting) is required for all modifications to 

 3

 The revisions to 30 TAC 116.12 were approved separately in our action on the Texas Infrastructure SIP and 

cites to §116.12 in this section are for reference only. 
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existing major sources of VOC or NOx in that area . . . .” The 

introductory paragraph to 30 TAC 116.150(d) added a new requirement 

for an affirmative regulatory action by EPA on the reinstatement of the 

one-hour ozone NAAQS major nonattainment NSR requirements before 

the legally applicable major nonattainment NSR requirements under the 

one-hour ozone standard will be implemented in the Texas one-hour 

ozone nonattainment areas. 

On the date of our disapproval of the submitted anti-backsliding 

provisions, the approved Texas major nonattainment NSR SIP did not 

require such an affirmative regulatory action by EPA before the onehour ozone major nonattainment NSR requirements come into effect in 

the Texas one-hour ozone nonattainment areas. On the date of our 

disapproval, the SIP stated at 30 TAC 116.12(11)4 (Footnote 1 under 

Table I) that “Texas nonattainment area designations are specified in 40 

CFR §81.344.” That section (§81.344) includes designations for the onehour standard as well as the eight-hour standard. Moreover, the 

submitted revisions to 30 TAC 116.12(18)5 and 116.150(d) did not 

comport with the South Coast decision as discussed above. 

The court opinion maintains the lower applicability thresholds and more 

stringent offset ratios for a one-hour ozone nonattainment area whose 

classification under that standard was higher than its nonattainment 

classification under the eight-hour standard. In the June 10, 2005, and 

February 1, 2006, submitted rule revisions, the lower applicability 

thresholds and more stringent offset ratios for a classified one-hour 

ozone nonattainment area were not required in a Texas one-hour ozone 

nonattainment area unless and until EPA promulgated a rulemaking 

implementing the South Coast decision. Accordingly, the submitted 

revisions fail to comply with the CAA, whereas, the existing approved 

SIP meets CAA requirements. See 75 FR 56424, at 56429 and 56431. 

b. What did Texas submit to address these grounds for disapproval? On 

March 11, 2011-1, the TCEQ submitted the following amendments to 30 

TAC 116.1506

:

• Removed paragraphs (a)(1) through (a)(2) and subsection (d); and 

 4

 The formerly approved 30 TAC 116.12(11) was renumbered to 30 TAC 112.12(18) in the February 1, 2006, 

submittal. EPA approved this revision in its action on the Texas Infrastructure SIP. See section I.C.1 for further 

information. 

5

 Formerly 30 TAC 116.12(11). 

6

 TCEQ also submitted revisions to 30 TAC 116.12(18)(A)(1) concerning major modification and 30 TAC 

101.1 to address this ground for SIP disapproval. EPA approved these rules in the Texas Infrastructure SIP which 

contains the evaluation of the revisions to these sections. These document only addressees the revisions to 30 TAC 

116.150 that were submitted to address this ground for disapproval. See section I.C.1 for further information on the 

Texas Infrastructure SIP. 
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• Revised the introductory paragraph to subsection (a) and added new 

paragraphs (a)(1) through (4) which clarify that permitted facilities 

in areas that were designated nonattainment for the one-hour ozone 

standard are subject to the major source thresholds and emission 

offset requirements of the one-hour ozone standard unless one of the 

four exceptions identified in 30 TAC 116.150(a)(1) through (a)(4) 

apply. TCEQ amended 30 TAC 116.150(a) to add a requirement for 

continued applicability of NNSR for the one hour ozone standard 

until: 

o EPA has made a finding of attainment; 

o EPA has approved the removal of nonattainment NSR 

requirements from the area; 

o EPA has determined that the Prevention of Significant 

Deterioration (PSD) requirements apply in the area; or 

o nonattainment NSR is no longer required for purposes of 

antibacksliding. 

As the result of EPA’s comments received on the State’s proposal of these 

amendments the TCEQ changed §116.150(a)(1) through (4) to make clear 

that the conditions on which these exceptions are based must exist on the 

date of issuance of the permit. 

The TCEQ also removed §116.150(d) from the rule. Subsection (d) 

contained language that indicated that the EPA must complete rulemaking 

before NSR applications are evaluated according to their one-hour 

classification. As stated above, the South Coast decision is selfimplementing, did not require rulemaking by the EPA to be effective, and 

NSR applications should be evaluated based upon one-hour classifications if 

they are more stringent than an area's eight-hour classification. The TCEQ 

also renumbered the remainder of §116.150 to reflect the removal of 

§116.150(d) and minor changes to references in §116.150(b) to reflect the 

renumbering. TCEQ also changed 30 TAC 116.150(e) to reflect changes in 

a concurrent rulemaking in Chapter 101.7

 See the March 11, 2011-1 

submittal, Evaluation of amendments to §§116.12 and 116.150, pages 11 

and 15-18.

TCEQ states that these changes, including the changes that were addressed 

separately in the Texas Infrastructure SIP, ensure that when changes are 

made to maintenance areas and nonattainment areas as a result of Federal 

 7

 The SIP revision submitted on March 11, 2011-1, includes a nonsubstantive revision to 30 TAC 

116.150(e) which provides that the requirements for nitrogen oxides (NOx) do not apply in the El Paso 

nonattainment area. The revision removes the reference to area as defined in 30 TAC 101.1 and replaced it with the 

area as defined in 40 CFR part 81. In this SIP submittal, Texas also made similar changes to 30 TAC 101.1 to refer 

to the areas as defined in 40 CFR part 81. EPA approved the revisions to 30 TAC 101.1 in its action on the Texas 

Infrastructure SIP on December 28, 2011. 
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action, these rules will not be rendered incorrect. Also, for the one-hour 

ozone NAAQS, the designations and classifications in 40 CFR Part 81 were 

retained by EPA for purposes of anti-backsliding (See 70 FR 44470, August 

3, 2005). Upon determination by EPA that a requirement is no longer 

needed for purposes of anti-backsliding, the requirement will no longer 

apply. The TCEQ also removed the language “to prevent anti-backsliding” 

and replaced it with “for the purposes of anti-backsliding” since the intent of 

the rule is to prevent backsliding and promote anti-backsliding. 

See the March 11, 2011-1, submittal, Evaluation of amendments to §101.1, 

at pages 6 and 8 for further information.

c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. The submitted revisions to 30 TAC 116.150 now meet the Federal 

requirements regarding antibacksliding under South Coast. The 

submitted revision to 30 TAC 116.150(a), as discussed above, ensures 

that TCEQ will continue to require compliance with the nonattainment 

NSR requirements of the one-hour ozone standard until: 

• EPA has made a finding of attainment, 

• EPA has approved the removal of nonattainment NSR requirements 

from the area, 

• EPA has determined that PSD requirements apply in the area, or 

• Nonattainment NSR is no longer required for purposes of 

antibacksliding. 

The TCEQ also removed §116.150(d) from the existing rule. Subsection 

(d) in the existing rule had provided that the permitting requirements for 

the one-hour ozone nonattainment areas would not apply unless EPA 

later promulgates rules that reinstate the permitting requirements for the 

one-hour ozone standard. The removal of subsection (d) reinstates the 

requirement to follow the nonattainment NSR requirements of the onehour ozone standard unless the EPA makes any of the finding described 

in subsection (a)(1) through (a)(4), as described above. 

2. Based upon the discussion in section IV.A.1.i.c.1 above, these 

revisions satisfy the requirements of South Coast as discussed above 

and address EPA concerns related to Anti-Backsliding Major NSR 

SIP Requirements for the One-Hour Ozone NAAQS. Accordingly, 

these revisions satisfy the requirements for SIP approval. 
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B. The Submitted Major Nonattainment NSR SIP Requirements for the 1997 

Eight-Hour Ozone NAAQS 

1. What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval?

i. EPA’s September 15, 2010, disapproval of the submitted Major 

Nonattainment NSR SIP requirements for the 1997 eight-hour ozone 

NAAQS. EPA disapproved the June 10, 2005, and February 1, 2006, 

revisions to 30 TAC 116.150(a) because an applicability determination for a 

Major Nonattainment NSR (NNSR) permit was based upon the date of 

administrative completeness, rather than the date of issuance. This would 

allow more sources to avoid the Major NNSR requirements where there is a 

nonattainment designation between the date of administrative completeness 

and the date of permit issuance. See 75 FR 56424, at 56431-56433. 

a. What were for the grounds for this disapproval? EPA interprets its 

Major NSR SIP rules to require that an applicability determination 

regarding whether Major NSR applies for a pollutant should be based 

upon the designation of the area in which the source is located on the 

date of issuance of the Major NSR permit. EPA also interprets the Act 

and its rules to require that if an area is designated nonattainment on the 

date of issuance of a Major NSR permit, then the Major NSR permit 

must be a NNSR permit, not a PSD permit. If the area is designated 

attainment/unclassifiable on the date of issuance of a Major NSR permit, 

then under EPA’s interpretation of the Act and its rules, the Major NSR 

permit must be a PSD permit on the date of issuance. See §§160, 165, 

172(c)(5) and 173 of the Act; and 40 CFR 51.165(a)(2)(i) and 

51.166(a)(7)(i). EPA’s interpretation of these statutory and regulatory 

requirements is guided by the memorandum issued March 11, 1991, and 

titled “New Source Review (NSR) Program Transitional Guidance,” by 

John S. Seitz, Director, Office of Air Quality Planning and Standard 

(1991 Transition Guidance).8

The revisions to 30 TAC 116.150(a), submitted June 10, 2005, and 

February 1, 2006, read as follows under state law: 

(a) This section applies to all new source review authorizations 

for new construction or modification of facilities as follows: 

(1) for all applications for facilities that will be located in any 

area designated as nonattainment for ozone under 42 United States 

Code (USC), §§7407 et seq. on the effective date of this section, the 

issuance date of the authorization; and 

(2) for all applications for facilities that will be located in 

counties for which nonattainment designation for ozone under 42 

 8

 You can access this document at: http://www.epa.gov/ttn/nsr/gen/nstrans.pdf. 
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USC §§7407 et seq. becomes effective after the effective date of this 

section, the date the application is administratively complete. 

The submitted rule raised two concerns. First, the revised language in 

the submitted 30 TAC 116.150(a) was not clear as to when and where 

the applicability date will be set by the date when and where the 

application is administratively complete and when and where the 

applicability date will be set by the issuance date of the authorization. 

The rule, adopted and submitted in 2005, applies the date of 

administrative completeness of a permit application, not the date of 

permit issuance, and applies to NSR authorizations that are 

administratively complete after June 15, 2004 (the effective date of 

eight-hour ozone nonattainment designations). The submitted 2006 rule 

adds the date of permit issuance. Unfortunately, the submitted 2006 rule 

by introducing a bifurcated structure created vagueness rather than 

clarity. The effective date of that new bifurcated structure is February 1, 

2006. It was unclear whether this revision meant that under subsection 

(1) that the permit issuance date was to be used in existing 

nonattainment areas designated nonattainment for ozone before and up 

through February 1, 2006. Thus, the proposed revision lacks clarity on 

its face and is therefore not enforceable. 

Furthermore, to the extent that the date of application completeness was 

used in certain instances to establish the applicability date for 

Nonattainment NSR requirements, such use is contrary to EPA’s 

interpretation of the Act and governing EPA regulations, as discussed 

above. 

Thus, based upon the above and in the absence of any explanation by the 

State, EPA disapproved the SIP revision submittals for not meeting the 

Major NNSR SIP requirements for the 1997 eight-hour ozone standard. 

See 75 FR 56424, at 56431-56432 and 56433. 

b. What did Texas submit to address these grounds for disapproval? On 

March 11, 2011-1, TCEQ submitted amendments to 30 TAC 116.150(a) 

to apply its requirements as of the date of issuance of the permit. 

c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. The revision submitted March 11, 2011-1 to §116.150 now applies 

its requirements as of the date of issuance or the permit. This 

amendment satisfies the requirements of §§160, 165, 172(c)(5) and 

173 of the Act; and 40 CFR 51.165(a)(2)(i) and 51.166(a)(7)(i). It 

also meets EPA’s interpretation of these statutory and regulatory 

requirements as guided by the 1991 Transitional Guidance. 

2. Based upon the discussion in section IV.B.1.i.c.1 above, the 

submitted revisions satisfy the requirements for SIP approval. 
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C. The Submitted Major NSR Reform SIP Revision for Major NSR with PAL 

Provisions 

1. What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval?

i. EPA’s September 15, 2010, disapproval of the PAL Program because it 

lacks a provision which limits applicability of a PAL only to an existing 

major stationary source

a. What were the grounds for this disapproval? The February 1, 2006, 

submittal failed to limit the applicability of PALs only to existing major 

stationary sources, as required under 40 CFR 51.165(f)(1)(i) and 40 CFR 

51.166(w)(1)(i). In the EPA’s November 2002 Technical Support 

Document for the revised Major NSR Regulations,9 we state on pages I7-27 and 28 that actuals PALs are available only for existing major 

stationary sources, because actuals PALs are based on a source’s actual 

emissions. Without at least 2 years of operating history, a stationary 

source has not established actual emissions upon which to base an 

actuals PAL. This is consistent with EPA’s longstanding interpretation 

of the Act. Therefore, an actuals PAL can be obtained only for an 

existing major stationary source.10 Moreover, the development of an 

alternative method to provide new major stationary sources with the 

option of obtaining a PAL based on allowable emissions was foreclosed 

by the Court in New York v. EPA, 413 F.3d 3 at 38-40 (D.C. Cir. 2005) 

(“New York I”) (holding that the Act since 1977 requires a comparison 

of existing actual emissions before the change and projected actual (or 

potential emissions) after the change in question is required). See 75 FR 

56424, at 56433, 56435, and 56438. 

b. What did Texas submit to address these grounds for disapproval? 

1. On March 11, 2011-2, TCEQ submitted a revision to 30 TAC 

116.180 that added a new paragraph (a)(5) which restricts the 

issuance of PAL permits to existing stationary sources but only cited 

to the Federal definition of “major stationary source” in 

nonattainment areas.11 See submittal of Rule Project No. 2010-008-

PR, Evaluation, page 12. 

2. On February 22, 2012, TCEQ proposed revisions to paragraph (a)(5) 

to correct the citation to the nonattainment area major source 

 9

 The 2002 TSD for the 2002 rulemaking is available on-line at: http://www.epa.gov/air/nsr/documents/nsrtsd_11-22-02.pdf. 

10 A PAL Permit at an existing major stationary source may include emissions units that have operated for less 

than two years (i.e., new emissions units). For new emissions units on which actual construction began after the 24-

month baseline period, the PAL includes the potential to emit of new emissions units. See 40 CFR 51.165(f)(6)(ii) 

and 51.166(w)(2)(ii). 

11 We also note that the citation of this definition is not correct; it should cite to 40 CFR 51.165(a)(1)(iv). 
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definition from 40 CFR 51.165(iv)(A) to 40 CFR 

51.165(a)(1)(iv)(A) and to add a reference to the major source 

definition for PSD areas at 40 CFR 51.166(b)(1). 

c. What is EPA’s evaluation of the submitted and SIP revisions to address 

the grounds for disapproval? The March 11, 2011-2 submittal and the 

February 22, 2012, proposed revisions to 30 TAC 116.180(a)(5) 

provides that: “A PAL permit can be issued only for an existing major 

stationary source; it may not be issued for a new major stationary source 

as defined in 40 Code of Federal Regulations §51.165(a)(1)(iv)(A) and 

§51.166(b)(1).” 

1. Nonattainment PAL Pollutant. The March 11, 2011-2, revision to 30 

TAC 116.180(a)(5) and the correction proposed February 22, 2012, 

will meet the Federal requirements under 40 CFR 51.165(f)(3)(i) for 

nonattainment PAL pollutants. This would address major stationary 

sources that emit nonattainment pollutants. 

2. PSD PAL Pollutant. The February 22, 2012, proposed revision to 30 

TAC 116.180(a)(5) added a citation to the definition of “major 

stationary source in 40 CFR 51.166(b)(1) which would meet Federal 

requirements under 40 CFR 51.166(w)(3(i). This addresses major 

stationary sources that emit PSD pollutants. 

3. Based upon the discussions in paragraph IV.C.1.i.c.1 and 2

above, the revisions to 30 TAC 116.180(a)(5) submitted March 

11, 2011-2, and the February 22, 2012, proposed revisions to 

paragraph (a)(5), would meet the applicable Federal 

requirements under 40 CFR 51.165(f)(3)(i) and 51.166(w)(3(i). 

ii. EPA’s September 15, 2010, disapproval of the PAL Program for lack of 

provisions that relate to PAL reopenings

a. What were the grounds for this disapproval? The February 1, 2006, 

submittal had no provisions that relate to PAL re-openings, as required 

by 40 CFR 51.165(f)(8)(ii), (ii)(A) through (C), and 51.166(w)(8)(ii) and 

(ii)(a) through (c). The Federal rules provide for PAL re-openings for 

the following: 

• Correction of typographical/calculation errors in setting the PAL; 

• Reduction of the PAL to create: 

o Creditable emission reductions for use as offsets; and 

o Reductions to reflect newly applicable Federal requirements (for 

example, New Source Performance Standards (NSPS)) with 

compliance dates after the PAL; 

• PAL reduction consistent with any other requirement, that is 

enforceable as a practical matter, and that the State may impose on 

the major stationary source under the SIP; and 
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• PAL reduction if the reviewing authority determines that a reduction 

is necessary to avoid causing or contributing to a NAAQS or PSD 

increment violation, or an adverse impact on an air quality related 

value that has been identified for a Federal Class I area by a Federal 

Land Manager for which information is available to the general 

public. 

Texas had submitted no demonstration, as required for a customized 

Major NSR SIP revision submittal, that the lack of provisions for PAL 

re-openings is at least as stringent as the Federal PAL Program SIP 

requirements. See 75 FR 56424, at 56433, 56435-56436, and 56438. 

b. What did Texas submit to address these grounds for disapproval? In 

revisions submitted March 11, 2011-2, TCEQ addressed this issue by the 

addition of §116.192(c) which provides that during the PAL effective 

period the Executive Director shall reopen a PAL to: 

• Correct typographical or calculation errors made in setting the PAL 

or to reflect a more accurate determination of emissions used to 

establish a PAL; 

• To decrease the PAL limit that the owner or operator of a major 

stationary source creates to establish creditable emissions reductions 

that meet the requirements of 40 CFR 51.165(a)(3)(ii) for use as 

offsets; and 

• Revise the PAL to reflect an increase in the PAL provided the owner 

or operator complies with the requirements of 40 CFR 52.21(aa)(11) 

and 51.165(f)(11). 

The Executive Director may reopen a PAL to: 

• Revise the PAL to reflect newly applicable Federal requirements 

(for example, NSPS) with compliance dates after the PAL 

effective date; 

• Revise the PAL to be consistent with any other requirement, that 

is enforceable as a practical matter, and that the State may 

impose on the major stationary source under the SIP; or 

• Reduce the PAL if the reviewing authority determines that a 

reduction is necessary to avoid causing or contributing to a 

NAAQS or PSD increment violation, or to an adverse impact on 

an air quality related value that has been identified for a Federal 

Class I area by a Federal land manager for which information is 

available to the general public. 

See submittal of Rule Project No. 2010-008-PR, Evaluation, page 16. 
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c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. As discussed above, the submitted revisions to §116.192(c) and 

TCEQ’s evaluation thereof, meet the requirements of 40 CFR 

51.165(f)(8)(ii) and 51.166(w)(8)(ii). 

2. Based upon the discussion in section IV.C.1.ii.c.1 above, the 

March 11, 2011-2, revision satisfies the requirements for SIP 

approval. 

iii. EPA’s September 15, 2010, disapproval of the PAL Program for lack of 

mandate the failure to use required monitoring system renders the PAL 

invalid

a. What were the grounds for this disapproval? The rules submitted 

February 1, 2006, had no provision requiring that the failure to use a 

monitoring system that meets the requirements of this section renders 

the PAL invalid, as required by 40 CFR 51.165(f)(12)(i)(D) and 

51.166(w)(12)(i)(d). See 75 FR 56424, at 56433 and 56438. 

b. What did Texas submit to address these grounds for disapproval? 

1. On March 11, 2011-2, TCEQ submitted revisions to §116.186 that 

added a new paragraph (b)(9) which provided that “[f]ailure to use a 

monitoring system that meets the minimum requirements of this 

section is a violation of the PAL permit.” Emphasis added. See 

submittal of Rule Project No. 2010-008-PR, Evaluation, page 14. 

2. On February 22, 2012, TCEQ proposed revisions to paragraph (b)(9) 

that removed the text “is a violation of the PAL permit” and replaced 

the removed text with “renders the PAL permit invalid.” 

c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. As discussed above, the revision submitted March 11, 2011-2, to add 

§116.186(b)(9) differs from the Federal requirements at 40 CFR 

51.165(f)(12)(i)(D) and 51.166(w)(12)(i)(d). The submitted rule 

provides that failure to use a monitoring system that meets the 

minimum requirements of this section is a violation of the PAL 

permit. This differs from the Federal requirements which provide 

that such failure renders the PAL permit invalid. 

2. By providing that such failure to use a required monitoring system is 

simply a violation of the PAL Permit, the source retains its PAL 

notwithstanding the enforcement liability that could result from such 

failure to use the required monitoring. The submitted revision does 

not comport with the Federal requirement that provides that failure 

to use the required monitoring renders the PAL invalid. See 40 CFR 

51.165(f)(12)(i)(D) and 51.166(w)(12)(i)(d). As submitted March 
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11, 2011-2, paragraph (b)(9) does not meet the requirements for SIP 

approval. 

3. However, the revision proposed February 22, 2012, would amend 

paragraph (b)(9) to remove the text that provided that failure to use 

the required monitoring would be a violation of the PAL Permit and 

replaced this removed text with a provision that such failure would 

render the PAL permit invalid. This proposed meets the Federal 

requirements at 40 CFR 51.165(f)(12)(i)(D) and 51.166(w)(12)(i)(d). 

4. Based upon the discussion in section IV.C.1.iii.c.1 through 3

above, the revision proposed February 22, 2012, to amend 30 

TAC 116.186(b)(9) to provide that that failure to use the 

required monitoring would render the PAL permit invalid 

would meet the Federal requirements at 40 CFR 

51.165(f)(12)(i)(D) and 51.166(w)(12)(i)(d). 

iv. EPA’s September 15, 2010, disapproval of the PAL Program because it did 

not account for all the emissions of a pollutant at a major stationary source

a. What were the grounds for this disapproval? The February 1, 2006, 

submittal at 30 TAC 116.182 and 116.186 provided for an emissions cap 

that may not account for all of the emissions of a pollutant at the major 

stationary source. Texas required the owner or operator to submit a list 

of all facilities to be included in the PAL, such that not all of the 

facilities at the entire major stationary source may be specifically 

required to be included in the PAL. See 30 TAC 116.182(1) and 186(a). 

However, the Federal rules require the owner or operator to submit a list 

of all emissions units at the source. See 40 CFR 51.166(f)(3)(i) and 40 

CFR 51.166(w)(3)(i). The Texas submittal was unclear as to whether the 

PAL would apply to all of the emission units at the entire major 

stationary source and therefore appeared to be less stringent than the 

Federal rules. In the absence of any demonstration from the State, EPA 

disapproved 30 TAC 116.186 and 30 TAC 116.182(1) as not meeting 

the revised Major NSR SIP requirements. See 75 FR 56424, at 56433-

56434 and 56438. 

b. What did Texas submit to address these grounds for disapproval? On 

March 11, 2011-2, Texas submitted the following revisions to address 

these grounds for disapproval: 

• §116.180, Applicability. The following revisions were submitted: 

° Removal of the term “account site” from §116.180(a)(1) and 

replacement with the term “existing major stationary source” to 

make this requirement more consistent with Federal 

requirements. 

° Similar changes to §116.180(a)(3) and (4). 
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° The term “facility” as defined in the Texas Clean Air Act 

(TCAA) was defined to correspond Federal term “emissions 

unit”, by adding the language “or emissions unit” whenever the 

term facility is used (i.e., §116.180(a)(3), (b) and (c)).12 

° Additionally, the proposed revision’s use of the phrase “at a 

major stationary source” and the term “emissions unit” in a 

corresponding fashion in this section and elsewhere in the 

Commission's PAL rules is clarified, by adding the phrase “at a 

major stationary source” to each instance of the term “emissions 

unit.” This removed any ambiguity by clarifying that both terms 

are being used interchangeably and in a manner that is consistent 

with EPA’s use of the term in NSR permitting. See the March 

11, 2011-2 submittal of Rule Project No. 2010-008-PR, 

Evaluation, pages 11-12. 

• §116.182, Plant-wide Applicability Limit Permit Application. To 

address EPA’s concern that §116.182(1) might not require all 

facilities to be included in the PAL, the TCEQ amended §116.182(1) 

by adding the phrase “at a major stationary source” where 

appropriate to make clear that PALs are applicable to major sources 

only. Additionally, as the result of comments in the EPA's final 

disapproval (75 FR 56424, September 15, 2010), the TCEQ added 

language to require that all emission units at the major stationary 

source that emit the PAL pollutant be included in the PAL permit 

application. See submittal of Rule Project No. 2010-008-PR, 

Evaluation, pages 12-13. 

• §116.186, General and Special Conditions. To address EPA’s concern 

that §116.186 might not require all facilities to be included in the 

PAL, the TCEQ amended §116.186 by adding the language “or 

emissions unit” where the term facility is used in subsection (a) and 

paragraph (b)(1) and changing the word “Federal” to “major” in 

paragraph (b)(1) to clarify the type of NSR referenced in this 

paragraph. Also, the TCEQ added the phrase “at a major stationary 

source” where appropriate to make clear that PALs are applicable to 

major sources only. Also, as the result of comments in the EPA's 

final disapproval, the TCEQ added language to require that all 

emission units at the major stationary source that emit the PAL 

pollutant be included in the PAL permit. See submittal of Rule 

Project No. 2010-008-PR, Evaluation, pages 13-14. 

 12 See the discussion in section IV.D.1.i for additional information on how TCEQ addresses the use of “facility” 

for “emissions unit” in its Non-PAL NNSR Program. 
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c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. The revisions submitted March 11, 2011-2, meet the requirements of 

40 CFR 51.165(f)(3)(i) and 51.166(w)(3)(i). 

2. Accordingly, these revisions satisfy the requirements for SIP 

approval.

v. EPA’s September 15, 2010, disapproval of the PAL Program because the 

PAL Program does not calculate baseline actual emissions in terms of the 

average rate in tons per year

a. What were the grounds for this disapproval? The Federal definition of 

the “baseline actual emissions” provides that these emissions must be 

calculated in terms of “the average rate, in tons per year, at which the 

unit actually emitted the pollutant during any consecutive 24-month 

period.” See 40 CFR 51.165(a)(1)(xxxv)(A), (B), (D) and (E) and 

51.166(b)(47)(i), (ii), (iv), and (v). Emphasis added. Texas’s February 1, 

2006, submittal of the definition of “baseline actual emissions” at 30 

TAC 116.12(3)(A), (B), (D), and (E), differed from the Federal 

definition by providing that the baseline shall be calculated as “the rate, 

in tons per year at which the unit actually emitted the pollutant during 

any consecutive 24-month period.” The definition omits reference to the 

“average rate.” The definition differed from the Federal SIP definition 

but the State failed to provide a demonstration showing how the 

different definition is at least as stringent as the Federal definition. 

Therefore, EPA disapproved the different definition of “baseline actual 

emissions” found at 30 TAC 116.12(3) as not meeting the revised Major 

NSR SIP requirements. On the same grounds for lacking a 

demonstration, EPA disapproved 30 TAC 116.182(2) that refers to 

calculations of the baseline actual emissions for a PAL, as not meeting 

the revised Major NSR SIP requirements. See 75 FR 56424, at 56434-

56435, and 56438. 

b. What did Texas submit to address these grounds for disapproval? On 

March 11, 2011-2, the TCEQ submitted revisions to the definition of 

“baseline actual emissions” at 30 TAC 116.12(3)(A), (B), (D), and (E), 

that specify that the rate is an average rate. See submittal of Rule Project 

No. 2010-008-PR, Evaluation, page 5.

c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. The submitted changes to the definition of “baseline actual 

emissions” in 30 TAC 116.12(3)(A), (B), (D), and (E), to specify 

that the rate is an average rate, now meets the Federal requirements 

under 40 CFR 51.165(a)(1)(xxxv)(A), (B), (D) and (E) and 

51.166(b)(47)(i), (ii), (iv), and (v). 
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2. As discussed in section IV.C.1.v.c.1 above, these revisions satisfy 

the requirements for SIP approval.

vi. EPA’s September 15, 2010, disapproval of the PAL Program because it did 

not includes specific definitions of CEMS, CERMS, CPMS, and PEMS 

a. What were the grounds for this disapproval? The TCEQ failed to 

include the following specific monitoring definitions in the March 11, 

2011-2, submittal: 

• “continuous emissions monitoring system (CEMS)” as defined in 40 

CFR 51.165(a)(1)(xxxi) and 51.166(b)(43); 

• “continuous emissions rate monitoring system (CERMS)” as defined 

in 40 CFR 51.165(a)(1)(xxxiv) and 51.166(b)(46); 

• “continuous parameter monitoring system (CPMS)” as defined in 40 

CFR 51.165(a)(1)(xxxiii) and 51.166(b)(45); and 

• “predictive emissions monitoring system (PEMS)” as defined in 40 

CFR 51.165(a)(1)(xxxii) and 51.166(b)(44). 

All of these definitions concerning the monitoring systems in the revised 

Major NSR SIP requirements are essential for the enforceability of and 

providing the means for determining compliance with a PAL program. 

Additionally, where, as here, a State has made a SIP revision that does 

not contain definitions that are required in the revised Major NSR SIP 

program, EPA may approve such a revision only if the State specifically 

demonstrates that, despite the absence of the required definitions, the 

submitted revision is more stringent than, or at least as stringent in all 

respects, as the Federal program. See 40 CFR 51.165(a)(1) (nonattainment SIP approval criteria); 51.166(b) (PSD SIP definition 

approval criteria). Texas did not provide such a demonstration. 

Therefore, EPA disapproved the lack of these definitions as not meeting 

the revised Major NSR SIP requirements. See 75 FR 56424, at 56434 

and 56438. 

b. What did Texas submit to address these grounds for disapproval? On 

March 11, 2011-2, TCEQ submitted revisions to §116.186(c)(1) which 

provided that the definitions of CEMS, CERMS, CPMS, and PEMS are 

the same as provided in 40 CFR 51.165. See submittal of Rule Project 

No. 2010-008-PR, Evaluation, pages 14 and 15. 

c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. The revisions described above meet the Federal requirements for the 

following definitions: 

• “Continuous emissions monitoring system (CEMS)” as defined 

in 40 CFR 51.165(a)(1)(xxxi) and 51.166(b)(43); 
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• “Continuous emissions rate monitoring system (CERMS)” as 

defined in 40 CFR 51.165(a)(1)(xxxiv) and 51.166(b)(46); 

• “Continuous parameter monitoring system (CPMS)” as defined 

in 40 CFR 51.165(a)(1)(xxxiii) and 51.166(b)(45); and 

• “Predictive emissions monitoring system (PEMS)” as defined in 

40 CFR 51.165(a)(1)(xxxii) and 51.166(b)(44).13 

2. As discussed in section IV.C.1.vi.c.1 above these revisions satisfy 

the requirements for SIP approval.

2. What is EPA’s Evaluation of the Other SIP Revisions that are not Related to the 

Grounds for the September 15, 2010, Disapproval?

i. Submittal of 30 TAC 116.12(23) – definition of “plant-wide applicability 

limit effective date” 

a. Background 

1, On February 1, 2006, Texas submitted the definition of “plant-wide 

applicability limit effective date” at 30 TAC 116.12(23). 

2, On September 15, 2010 (75 FR 56424) EPA disapproved the Texas 

NSR Reform SIP revisions submitted February 1, 2006, including 30 

TAC 116.12(23).

3, On March 11, 2011-2, Texas resubmitted 30 TAC 116.12(23) 

without additional changes. 

4, On February 22, 2012, TCEQ proposed to revise the definition of 

“plant-wide applicability limit effective date” to remove the 

language that references the date that a Flexible Permit was issued. 

Since PAL Permits and Flexible Permits are addressed by two 

different sets of rules in Chapter 116, it is inappropriate to reference 

Flexible Permits in the definition of “plant-wide applicability limit 

effective date.” The proposed change would remove language, 

clarify permitting requirements, and ensure consistency with Federal 

requirements regarding NSR Permits. 

b. What is EPA’s Evaluation of the Submitted SIP Revision of 30 TAC 

116.12(23)? 

1. The definition of “plant-wide applicability limit effective date” at 30 

TAC 116.12(23)submitted February 1, 2006, and resubmitted March 

11, 2011-2, includes a provision that such effective date for a PAL 

established in an existing flexible permit is the date that the Flexible 

Permit was issued. Because EPA disapproved Texas’s Flexible 

 13 TCEQ incorporated by reference the definitions of CEMS, CERMS, CPMS, and PEMS, in 40 CFR 

51.165(a)(1). It is not necessary to incorporate the same definitions in 40 CFR 51.166(b) because these terms are 

defined identically in both sections. 
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Permit Program on July 15, 2010 (75 FR 41312), this provision 

appears to say that a source with a Flexible Permit could get a SIPapproved PAL that could retroactively recognize a prior Flexible 

Permit that should not have been issued. 

2. The revisions proposed February 22, 2012, would remove the 

reference to Flexible Permits from the definition of “plant-wide 

applicability limit effective date” at 30 TAC 116.12(23) and would 

address EPA’s concerns.

3. Based upon the discussion in section IV.C.2.i.b.1 and 2 above, the 

revision submitted March 11, 2011-2, and the revision proposed 

February 22, 2012, would meet the requirements of 40 CFR 

51.165(f)(2)(vi) and 51.166(w)(2)(vi). 

ii. 30 TAC 116.12(22) – Definition of “Plant-Wide Applicability Limit” – and 

30 TAC 116.186(a) 

a. Background 

1. The TCEQ submitted this definition on March 11, 2011-2. This 

definition does not specifically provide that the emission limitation 

in a PAL must be “enforceable as a practical matter” or “practical 

enforceable” as required by 40 CFR 51.165(f)(2)(v) and 

51.166(w)(2)(v). 

2. Similarly, the provisions of 30 TAC 116.186(a), submitted on March 

11, 2011-2, likewise do not specifically provide that the emission 

limitation in a PAL must be “enforceable as a practical matter” as 

required by 40 CFR 51.165(f)(4)(i)(A) and 51.166(w)(4)(i)(a). 

3. The omission of the requirement that the PAL be enforceable as a 

practical matter raises the question of how the rules meet Federal 

enforceability requirements. 

b. What is EPA’s Evaluation of the Submitted SIP Revisions to 30 TAC 

116.12(22) and 30 TAC 116.186(a)? 

1. The 2002 NSR Reform rule discusses practical enforceability in the 

preamble of its NSR Reform rule. Here we say that "[p]ractical 

enforceability for a source-specific permit will be achieved if the 

permit's provisions specify: (1) a technically accurate limitation and 

the portions of the source subject to the limitation; (2) the time 

period for the limitation (hourly, monthly, and annual limits such as 

rolling annual limits); and (3) the method to determine compliance, 

including appropriate monitoring, recordkeeping, and reporting." See 

67 FR 80186, at 80190-80191, December 31, 2002. For PALs, EPA 

discussed the monitoring, recordkeeping, and reporting requirements 

for a PAL and characterized these requirements as addressing a 

number of issues associated with practical enforceability of PALs. 

67 FR 80186, at 80211-80214. 
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EPA's interpretation of the term "practical enforceability" in the 

context of the CAA is discussed in the guidance memorandum 

Options for Limiting the Potential to Emit (PTE) of a Stationary 

Source Under Section 112 and Title V of the Clean Air Act (Act), by 

John S. Seitz, Director, Office of Air Quality Planning and 

Standards, and Robert I. Heuvelen, Director, Office of Regulatory 

Enforcement, dated January 25,1995.14 See pages 46 and 47 of the 

guidance. 

2. On May 3, 2012, the TCEQ forwarded a letter to EPA which 

includes a written demonstration as required by 40 CFR 51.165(a)(1) 

and 51.166(b); section 110(l) of the CAA15; and the discussion at 67 

FR 80186, at 80341 (December 31, 2002)16 for how the definition of 

“plantwide applicability limit” provides that emission limits in its 

PAL Permits meets the Federal requirements for being enforceable 

as a practical matter.17 In its letter TCEQ acknowledges that a 

practically enforceable permit includes conditions which establish 

clear legal obligations and allow compliance with these obligations 

to be verified. TCEQ further acknowledges that EPA’s final PAL 

rules discuss the PAL monitoring, recordkeeping, and reporting 

requirements and characterizes these requirements as addressing a 

number of issues associated with the practical enforceability of 

PALs. TCEQ discussed how its PAL program meets the 

requirements for practical enforceability in each of the three 

elements identified in the 2002 NSR Reform Rule at 67 FR 80186, at 

80190-80191 as follows: 

• A technically accurate limitation and the portions of the source 

subject to the limitation. Texas established its PAL based on 30 

TAC 116.180, 116.182, and 116.186(a). These rules satisfy the 

requirements of 40 CFR 51.165(f)(3)(i), (f)(4)(i)(A) and (E), and 

(f)(6)(1) and 40 CFR 51.166(w)(3)(i), (w)(4)(i)(a) and (e), and 

(w)(6)(1). These rules meet the Federal requirements for 

establishing a technically accurate limitation for a PAL and 

identifies that all emissions units at the major stationary source 

 14 This guidance is available on-line at http://www.epa.gov/region07/air/title5/t5memos/ptememo.pdf. 

15 Section 110(l) of the Act provides that a SIP revision must not “interfere with any applicable requirement 

concerning attainment or reasonable further progress . . . , or any other applicable requirement of this Act.” 

16 Here we state “[e]ver since our current NSR Regulations were adopted in 1980, we have taken the position 

that States may meet the requirements of part 51 ‘with different but equivalent regulations,’ 45 FR 52676.” 

17 The Federal rules at 40 CFR 51.165(f)(2)(v), 51.165(f)(4)(i)(A), 51.166(w)(2)(v), and 51.166(w)(4)(i)(a) 

rules provide that the PAL must be enforceable as a practical matter. The omission of this requirement raises the 

question of how the rules meet Federal enforceability requirements and is critical to the enforceability of a PAL. 

Accordingly, if the plan lacks such requirement, there must be a demonstration how the State has ensured that the 

PAL is enforceable as a practical matter or that the State otherwise has the ability to enforce the PAL in the absence 

of practical enforceability. 
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that will be subject to the PAL. This ensures that the TCEQ’s 

PAL meets this requirement for practical enforceability. 

• The time period for the limitation (hourly, monthly, and annual 

limits such as rolling annual limits). Texas rules state that the 

PAL limit must be met on a 12-month rolling average (30 TAC 

116.182(3) and 116.186(a)). These rules meet the Federal 

requirements at 40 CFR 51.165(f)(4)(i)(A) and (E) and 

51.166(w)(4)(i)(a) and (e) and therefore ensure that the PAL 

Program and PAL permits issued under the program meet this 

requirement for practically enforceable. 

• The method to determine compliance, including appropriate 

monitoring, recordkeeping, and reporting. Texas’ rules at 30 

TAC 116.186 includes detailed monitoring, recordkeeping, and 

reporting that is consistent with the Federal PAL requirements. 

These monitoring, recordkeeping, and reporting provisions also 

meet this requirement for practical enforceability. Specific 

requirements are at section 116.186(b)(4) & (8), and (c) which 

meet 40 CFR 40 CFR 51.165(f)(13)-(14) and 51.166(w)(13)-

(14). These monitoring, record keeping, and reporting provisions 

meet Federal PAL requirements and ensure that the program and 

PAL permits meets this requirement for practically enforceable. 

3. Based upon the discussion in paragraph section IV.C.ii.b.1 and 2

above, the revisions submitted March 11, 2011-2, as interpreted 

by TCEQ in its letter dated May 3, 2012, meet the requirements 

of 40 CFR 51.165(f)(2)(v), 51.165(f)(4)(i)(A), 51.166(w)(2)(v). 

iii. Submittal of 30 TAC 116.186(c)(2) 

a. Background 

1) On February 1, 2006, Texas submitted this rule as 30 TAC 

116.186(c)(1). This rule provided that the information generated by 

that PAL monitoring system must meet minimum requirements for 

admissibility in a judicial proceeding to enforce the PAL permit. 

2) On September 15, 2010 (75 FR 56424) EPA disapproved the Texas 

NSR Reform SIP revisions submitted February 1, 2006, including 30 

TAC 116.186(c)(1). 

3) On March 11, 2011-2, Texas resubmitted this rule, now redesignated 

to 30 TAC 116.186(c)(2). In this submittal TCEQ removed the 

provision that the information generated by that PAL monitoring 

system must meet minimum requirements for admissibility in a 

judicial proceeding to enforce the PAL permit.
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b. What is EPA’s Evaluation of the Submitted SIP Revision of 30 TAC 

116.186(c)(2)?

1. Section 30 TAC 116.186(c)(2) submitted March 11, 2011-2, does 

not include the legal requirement that the information generated by 

that PAL monitoring system must meet minimum requirements for 

admissibility in a judicial proceeding to enforce the PAL permit as 

required in 40 CFR 51.165(f)(12)(i) and 51.166(w)(12)(i). EPA 

considers the admissibility of monitoring data critical to a State’s 

ability to enforce a regulatory requirement, including a PAL Permit 

requirement. 

2. On May 3, 2012, the TCEQ forwarded a letter to EPA which 

includes a written demonstration consistent with EPA’s 

implementation of section 110(l) of the CAA; and the discussion at 

67 FR 80186, at 80341 (December 31, 2002); on how the data from a 

monitoring system meets the minimum legal requirements for 

admissibility in a judicial proceeding to enforce the PAL Permit.18 In 

its letter TCEQ referred to its statutes and rules which establish the 

jurisdiction of the TCEQ, as well as permit conditions, which require 

owners and operators of facilities that may emit air contaminants 

which are authorized for construction and operation to maintain data 

necessary to demonstrate compliance with the terms and conditions 

of their authorizations. That authority is found in Tex. Health & 

Safety Code Sections 382.011, 382.012, 382.014, 382.016, 382.051, 

382.0513, 382.0514, and 382.0515; Tex. Water Code 

§§5.013(a)(11), 7.179, 7.180, and 7.181; and TCEQ rules 30 TAC 

§§116.111, 116.115 (which are, for the most part, SIP approved). 

Additionally, the Texas Legislature has provided the TCEQ with the 

enforcement authority in Tex. Water Code Chapter 7 to initiate an 

action to enforce the statutes within the jurisdiction of the TCEQ, 

such as 30 TAC 7.179, 7.180, and 7.181. 

The TCEQ adopted the requirement that the Texas Rules of 

Evidence, as applied in nonjury civil cases in the district courts of 

the State, be followed in all hearings. See 30 TAC 80.127. The initial 

factor affecting admissibility is relevance, and the relevance of 

offered evidence – evidence of non-compliance in an enforcement 

hearing - will support admissibility. However, if the data is not 

sufficient to support admissibility, or is non-existent, then the 

 18 The Federal rules at 40 CFR 51.165(f)(12)(i) and 51.166(w)(12)(i) include requirements relating to the 

information generated by a PAL monitoring system. Among the requirements is that the information generated by 

such monitoring system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce 

the PAL Permit. EPA considers the admissibility of monitoring data critical to a State’s ability to enforce a 

regulatory requirement, including a PAL Permit requirement. Accordingly, if the plan lacks such requirement, there 

must be a demonstration that the State has the ability to enforce the PAL based upon the information generated by 

the monitoring system. 
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Executive Director of TCEQ may pursue an enforcement action for 

failing to maintain the data necessary to demonstrate compliance. 

3. Based upon the discussion in paragraph section IV.C.iii.b.1 and 

2 above, the revisions submitted March 11, 2011-2, as 

interpreted by TCEQ in its letter dated May 3, 2012, meet the 

requirements of 40 CFR 51.165(f)(12)(i) and 51.166(w)(12)(i). 

iv. Submittal of 30 TAC 116.186(a) 

a. Background. On March 11, 2011-2, Texas submitted 30 TAC 

116.186(a). This rule provides that the PAL limit will be enforced on a 

12-month rolling average. However, this rule does not clearly specify 

that for compliance purposes, the emission calculations must include 

emissions from startups, shutdowns, and malfunctions.19

b. What is EPA’s Evaluation of the Submitted SIP Revision of 30 TAC 

116.186(a)? 

1. Section 116.186(a) does not clearly specify that for compliance 

purposes, emission calculations must include emissions from 

startups, shutdowns, and malfunctions, as provided in 40 CFR 

51.165(f)(7)(iv) and 51.166(w)(7)(iv). 

2. On May 3, 2012, the TCEQ forwarded a letter to EPA which 

included a written demonstration consistent with EPA’s 

implementation of 40 CFR 51.165(a)(1) and 51.166(b); section 

110(l) of the CAA; and the discussion at 67 FR 80186, at 80341 

(December 31, 2002); on how TCEQ addresses emissions from 

startups, shutdowns, and malfunctions, in the enforcement of its PAL 

Permits.20 In this letter, the TCEQ states that a PAL permit limit can 

be generally enforced like any other permit limit, and the TCEQ has 

authority to enforce all permit requirements. This authority is found 

in Tex. Water Code, Chapter 7, and Tex. Health & Safety Code 

sections 382.011, 382.015, 382.016, 382.0515, 382.0516, 382.022, 

382.023, and 382.085, as well as in certain rules found in 30 TAC 

Chapter 101, Subchapters A and F. In addition, TCEQ rule 30 TAC 

101.201 requires regulated entities, regardless of whether they have a 

PAL permit, to record (and in some cases report) emissions events, 

which includes unscheduled maintenance, startup, and shutdown 

 19 Elsewhere at section IV.D.1.ii, we address the inclusion of emissions from startups, shutdowns, and 

malfunctions in the baseline actual emissions. This section IV.C.2.iv addresses a different aspect of these types of 

emissions; it addressed the inclusion of emissions from startups, shutdowns, and malfunctions for the purposes of 

determining compliance with the PAL Permit. 

20 The federal rules at 40 CFR 51.165(f)(7)(iv) and 51.166(w)(7)(iv) require that for purposes of 

enforcement of a PAL, the emission calculations must include emissions from startups, shutdowns, and 

malfunctions. The inclusion of these emissions is critical to the enforcement of the PAL. Accordingly, if the plan 

lacks such requirement, there must be a demonstration that the State has the ability to enforce the PAL. 
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(MSS) activity emissions. Emissions from malfunctions are 

unauthorized emissions as defined in 30 TAC 101.1(107); therefore, 

they are unauthorized (non-compliant) emissions. Exceedances of a 

PAL limit, such as emissions from malfunctions, are unauthorized 

emissions and are subject to enforcement. TCEQ represented to EPA 

Region 6 that unscheduled MSS activity emissions are functionally 

equivalent to EPA’s definition of malfunction.21 

3. Furthermore, Texas’s PAL also requires semiannual reports which 

include “the total annual emissions (in tons per year) based upon a 

12-month rolling total for each month in the reporting period.” See 

30 TAC 116.186(b)(4)(C)(ii). Emphasis added. This requires 

reporting of all emissions from the PAL, including authorized and 

unauthorized emissions. 

4. Based upon the discussion in paragraph section IV.C.iv.b.1

through 3 above, the revisions submitted March 11, 2011-2, as 

interpreted by TCEQ in its letter dated May 3, 2012, meet the 

requirements of 40 CFR 51.165(f)(7)(iv) and 51.166(w)(7)(iv).

D. The Submitted Non-PAL Aspects of the Major NSR SIP Requirements 

1. What is EPA’s Evaluation of the SIP Revisions Relating to the Grounds for the 

September 15, 2010, Disapproval?

i. EPA’s September 15, 2010, disapproval of the non-PAL aspects of the 

Major NSR Program because the rules do not explicitly limit the definition 

“facility” to an “emissions unit” 

a. What were the grounds for this disapproval? The submitted NNSR nonPAL rules at 30 TAC 116.150 and 116.151 did not explicitly limit the 

definition of “facility”22 to an “emissions unit” as do the submitted PSD 

non-PAL rules. It is our understanding of State law that a “facility” can 

be: 

• An “emissions unit,”23 i.e., any part of a stationary source that 

emits or may have the potential to emit any air contaminant, as 

the State explicitly provides in the revised PSD rule at 30 TAC 

116.160(c)(3). 

 21 Letter from John Steib, Deputy Director, TCEQ Office of Compliance & Enforcement to John Blevins, 

Director, Compliance Assurance and Enforcement Division, USEPA, Region-6 Dallas, April 17, 2007. 

22 “Facility” is defined in the SIP approved 30 TAC 116.10(6) as “a discrete or identifiable structure, device, 

item, equipment, or enclosure that constitutes or contains a stationary source, including appurtenances other than 

emission control equipment.” 

23 See the definition of “emissions unit” at 40 CFR 51.165(a)(1)(vii), 51.166(b)(7), and 52.21(b)(7). 
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• A “facility” also can be a piece of equipment, which is smaller 

than an “emissions unit.” 

• A “facility” can include more than one “major stationary 

source.” It can include every emissions point on a company site, 

without limiting these emissions points to only those belonging 

to the same industrial grouping (SIP code). 

Regardless, the State clearly thought the prudent legal course was to 

limit “facility” explicitly to “emissions unit” in its PSD SIP non-PALs 

rules. 

TCEQ did not submit a demonstration showing how the lack of this 

explicit limitation in the NNSR SIP non-PALs revision is at least as 

stringent as the revised Major NSR SIP requirements. Therefore, EPA 

disapproved the submitted non-PAL NNSR rules and its use as not 

meeting the revised Major NNSR non-PALs SIP requirements. See 75 

FR 56424, at 56443. 

b. What did Texas submit to address these grounds for disapproval? 

1. In its SIP revisions submitted March 11, 2011-1 and March 11, 

2011-2, Texas did not address these grounds relating to the use of the 

term “facility” for “emissions unit” in its non-PAL aspects of the 

Major Source SIP requirements for NNSR. In the March 11, 2011-1, 

submittal, the revisions to 30 TAC 116.150 only relate to the 

antibacksliding Major NSR SIP requirements for the one-hour ozone 

NAAQS, and the Major Nonattainment NSR SIP requirements for 

the 1997 eight-hour ozone NAAQS.24 In the March 11, 2011-2, 

submittal, Texas only discussed the use of “facility” for the term 

“emissions unit” in relation to its changes to its PAL rules at 30 TAC 

116.180, 116.182, 116.186, and 116.190. In each of these PAL rules, 

TCEQ states that the Federal term “emissions unit” is defined very 

similarly to the term “facility” as defined in the TCCA. In these 

PAL rules, the TCEQ added the language “or emissions unit” 

whenever the term “facility” is used.25 

2. On February 22, 2012, TCEQ proposed revisions to 30 TAC 116.150 

and 116.151. To ensure clarity, TCEQ proposed to add the language 

“or emissions unit” where the terms “facility” or “facilities” are 

used. The TCEQ proposed this change in 30 TAC 116.150(a), (d)(1), 

and (3) and in 30 TAC 116.151(a), (c)(1), and (c)(3). 

 24 These requirements are addressed in sections IV.A and IV.B. 

25 See sections IV.C.1.iv for information on how TDEQ addressed use of “facility” for “emissions unit” in its 

PAL Program. 
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c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. Evaluation of the March 11, 2011-2, SIP submittal26

In this submittal, TCEQ did not address how it limits the definition 

of “facility” to an “emission unit” in the submitted Non-PAL 

Aspects of the Major NSR SIP Requirements in 30 TAC 116.150 

and 116.151. The TCEQ did not submit a demonstration showing 

how the lack of this explicit limitation in the NNSR SIP non-PALs 

revision is at least as stringent as the revised Major NSR SIP 

requirements. 

i. In the Major NNSR non-PAL rules we find that the term 

“facility” is used in the following regulations: 

a) §116.150(a) which reads as follows (emphasis added): 

(a) This section applies to all new source review 

authorizations for new construction or modification of 

facilities that will be located in any area designated as 

nonattainment for ozone under 42 United States Code 

(USC), §§7407 et seq. as of the date of issuance of the 

permit, unless the following apply on the date of 

issuance of the permit: as follows: 

b) §116.150(d)(1) which reads as follows (emphasis added): 

(1) The proposed facility shall comply with the 

lowest achievable emission rate (LAER) as defined in 

§116.12 of this title for the nonattainment pollutants for 

which the facility is a new major source or modification 

except as provided in paragraph (3)(B) of this 

subsection and except for existing major stationary 

sources that have a potential to emit (PTE) less than 

100 tpy of the applicable pollutant. For these sources, 

best available control technology (BACT) can be 

substituted for LAER. LAER shall otherwise be applied 

for each new facility and to each existing facility at 

which the net emissions increase will occur as the result 

of a physical change or change in method of operation 

of the unit. 

c) §116.150(d)(3) which reads as follows (emphasis added): 

(3) At the time the new or modified facility or 

facilities commence operation, the emissions increases 

 26 The revisions to 30 TAC 116.150 submitted March 11, 2011-1 are unrelated to the changes considered here 

and are addressed in sections IV.A and IV.B. 
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from the new or modified facility or facilities must be 

offset. The proposed facility shall use the offset ratio for 

the appropriate nonattainment classification as defined 

in §116.12 of this title and shown in Table I of §116.12 

of this title. Internal offsets which are generated at the 

source and which otherwise meet all creditability 

criteria can be applied as follows. 

d) §116.151(a) which reads as follows (emphasis added): 

(a) This section applies to applications for new 

construction or modification of facilities located in a 

designated nonattainment area for an air contaminant 

other than ozone. The owner or operator of a proposed 

new or modified facility that will be a new major 

stationary source for that nonattainment air 

contaminant, or the owner or operator of an existing 

major stationary source that will undergo a major 

modification with respect to that nonattainment air 

contaminant, shall meet the additional requirements of 

subsection (c) (1) - (4) of this section. Table I located in 

the definition of major modification in §116.12 of this 

title (relating to Nonattainment and Prevention of 

significant Deterioration Review Definitions) specifies 

the various classifications of nonattainment along with 

the associated emission levels that designate a major 

stationary source. 

e) §116.151(c)(1) which reads as follows (emphasis added): 

(1) The proposed facility shall comply with the 

lowest achievable emission rate (LAER) as defined in 

§116.12 of this title for the nonattainment pollutants for 

which the facility is a new major source or major 

modification. LAER shall be applied to each new 

facility and to each existing facility unit at which the net 

emissions increase will occur as a result of a physical 

change or change in method of operation of the unit. 

f) §116.151(c)(3) which reads as follows (emphasis added): 

(3) At the time the new or modified facility or 

facilities commence operation, the emission increases 

from the new or modified facility or facilities shall be 

offset. The proposed facility shall use the offset ratio 

for the appropriate nonattainment classification as 

defined in §116.12 of this title and shown in Table I 

located in the definition of major modification in 

§116.12 of this title.
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ii. As we noted in our disapproval of the Texas Major NNSR nonPAL rules (75 FR 56424, at 56443), Texas approved PSD 

Program explicitly provides in 30 TAC 116.160(c)(3): 

(3) The term “facility” shall replace the words 

“emissions unit” in the above referenced sections of the 

CFR ... . 

iii. Accordingly, the March 11, 2011-2, SIP submittal did not 

address these grounds for the September 15, 2010, disapproval 

of the Major NNSR non-PALs SIP requirements. 

2. Evaluation of the revisions proposed February 22, 2012 (Rule 

Project No. 2012-015-116-AI)

i. The revisions proposed February 22, 2012, address the use of 

the term “facility” for “emissions unit” as used in 30 TAC 

116.150 and 116.151. 

a) In the February 22, 2012 proposal, TCEQ proposed to 

revise §§116.150(a), (d)(1), and (d)(3), and 116.151(a), 

(c)(1), and (c)(3) to add the language “or emissions unit” 

following each occurrence of “facility” to ensure clarity 

and consistency with Federal requirements. 

b) The TCEQ stated that the Federal term “emissions unit” as 

defined in Federal rules is similar to the term “facility” as 

defined in the Texas Clean Air Act. 

c) In addition, the TCEQ addressed this matter in the 

following statements: 

A facility may constitute or contain a stationary source 

– a point of origin of a contaminant, as defined in 

THSC, §382.003(12) and in §116.10(15), a definition 

that is approved into the Texas SIP. As a discrete point, 

a facility can constitute but cannot contain a "major 

stationary source" as defined by federal law and in the 

TCEQ's SIP approved rule §116.12(17). A facility is 

subject to major and minor NSR requirements, 

depending on the facts of the specific application. 

See the TCEQ proposal, page 3. 

The TCEQ further stated: 

The TCEQ and its predecessor agencies have 

consistently interpreted facility to preclude inclusion of 

more than one stationary source, in contrast to EPA's 

stated understanding. Likewise, TCEQ does not 

interpret facility to include "every emissions point on a 

company site, even if limiting these emission points to 
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only those belonging to the same industrial grouping 

(SIC code)." The federal definition of "major stationary 

source" in 40 Code of Federal Regulations (CFR) 

§51.166(b)(1)(i)(a) is not equivalent to the state 

definition of "source." A "major stationary source" can 

include more than one "facility" as defined under Texas 

law, which is consistent with EPA's interpretation of a 

"major stationary source" including more than one 

emissions unit. 

Under major NSR, EPA uses the term "emissions unit" 

(generally) when referring to part of a "stationary 

source;" TCEQ translates "emissions unit" to mean 

"facility." The commission's SIP-approved Prevention 

of Significant Deterioration (PSD) permitting rule in 

§116.160(c)(3) states, "{t}he term 'facility' shall replace 

the words 'emissions unit' in the referenced sections of 

the CFR." 

The above interpretation of the term "facility" has been 

consistently applied by the TCEQ and its predecessor 

agencies for more than 30 years. The TCEQ's 

interpretation of Texas statutes enacted by the Texas 

Legislature is addressed by the Texas Code 

Construction Act. More specifically, words and phrases 

that have acquired a technical or particular meaning, 

whether by legislative definition or otherwise, shall be 

construed accordingly, as per Texas Government Code, 

§311.011(b). 

In response to the proposed disapproval, the 

commission proposed adding the phrase "or emissions 

unit" in its PAL rules, but did not do so in the 

nonattainment permitting rules because of the long term 

use of the term in the Texas permitting rules and the 

approved Texas SIP, which included earlier versions of 

these rules, and because in the intervening time EPA 

had approved the definition of "facility" into the SIP. 

The proposed changes to §116.150 and §116.151 would 

allow EPA to approve the updated rules that implement 

the federal nonattainment permitting program. 

See the TCEQ’s February 22, 2012, proposal, pages 4 

through 7. 

ii. As discussed in sections IV.D.1.i.c.2.i above, TCEQ in its 

February 22, 2012, proposed revisions demonstrates that for 
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the purposes of §§116.150 and 116.151, the use of the term 

“facility” is the same as the use of the term “emissions unit.” 

iii. The changes proposed for §§116.150 and 116.151 are the same 

changes adopted in the TCEQ’s PAL Program (submitted 

March 11, 2011-2, to address that “emissions unit” means 

facility.”27

iv. The proposed changes are also consistent with the approved 

Texas PSD Program at §116.160(c)(3) which states “{t}he 

term ‘facility’ shall replace the words ‘emissions unit’ in the 

referenced sections of the CFR.” 

3. Based on the discussion in sections D.1.i.c.1 and 2 above, the 

revisions submitted March 11, 2011-2, to 30 TAC 116.151 and the 

revisions proposed to these 30 TAC 116.150 and 116.151 on 

February 22, 2012, adequately address the grounds for the 

September 15, 2010, disapproval. 

ii. EPA’s September 15, 2010, disapproval of the non-PAL aspects of the 

Major NSR Program because they do not require the inclusion of emissions 

resulting from startups, shutdowns, and malfunctions

a. What were the grounds for this disapproval? Under the Major NSR SIP 

requirements, for any physical or operational change at a major 

stationary source, a source must include emissions resulting from 

startups, shutdowns, and malfunctions, in its determination of baseline 

actual emissions (40 CFR 51.165(a)(1)(xxxv)(A)(1) and (B)(1) and 

51.166(b)(47)(i)(a) and (ii)(a)) and projected actual emissions (40 CFR 

51.165(a)(1)(xxviii)(B) and 51.166(b)(40)(ii)(b)). The definition of the 

term “baseline actual emissions,” as submitted February 1, 2006, at 30 

TAC 116.12(3)(E), did not require the inclusion of emissions resulting 

from startups, shutdowns, and malfunctions.28 

1. Our understanding of State law is that the use of the term “may” 

creates discretionary authority or grants permission or a power. See

§311.016 of the Texas Code Construction Act. 

2. Similarly, the submitted definition of “projected actual emissions” at 

30 TAC 116.12(29) did not require that emissions resulting from 

startups, shutdowns, and malfunctions be included. 

 27 See section IV.C.1.iv for EPA’s evaluation of how the TCEQ addressed that the term “facility” is the same as 

“emissions unit” for a PAL. 

28 The definition of “baseline actual emissions,” in 30 TAC 116.12(E) provided: 

. . . Until March 1, 2016, emissions previously demonstrated as emissions events or historically 

exempted under Chapter 101 of this title . . . may be included to the extent they have been authorized, or 

are being authorized, in a permit action under Chapter 116. (Emphasis added.) 
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3. The submitted definitions differed from the Federal SIP definitions 

and the State had not provided information demonstrating that these 

definitions are at least as stringent as the Federal SIP definitions. 

4. Therefore, based upon the lack of a demonstration from the State, 

EPA disapproved the definitions of “baseline actual emissions” at 30 

TAC 116.12(3) and “projected actual emissions” at 30 TAC 

116.12(29) as not meeting the revised Major NSR SIP requirements. 

Specifically, the State did not provide: 

• A replicable procedure for determining the basis for which 

emissions associated with maintenance, startup, and shutdown 

(MSS) will and will not be included in the baseline actual 

emissions, 

• The basis for including emissions associated with maintenance in 

baseline actual emissions, 

• The basis for not including MSS emissions in the projected 

actual emissions, and 

• Provisions for how it will handle MSS emissions after March 1, 

2016. 

Therefore, based upon the lack of a demonstration from the State, as 

is required for a customized Major NSR SIP revision submittal, EPA 

disapproved the definitions of “baseline actual emissions” at 30 TAC 

116.12(3) and “projected actual emissions” at 30 TAC 116.12(29) as 

not meeting the revised Major NSR SIP requirements. 

Texas stated that it had excluded emissions associated with 

malfunctions from the calculation of baseline actual emissions and 

projected actual emissions because including such emissions would 

inflate the baseline and would narrow the gap between baseline 

actual emissions and projected actual emissions. EPA agreed with 

the reasons Texas used to exclude malfunction emissions from 

baseline actual emissions and projected actual emissions and which 

are comparable to the reasons EPA used for excluding malfunction 

emissions from other States in which EPA approved such exclusion. 

Notwithstanding Texas’s exclusion of malfunctions from these 

definitions, Texas must address the other grounds for disapproval as 

discussed above. This includes mandating the exclusion of 

malfunction emissions in both definitions. See 75 FR 56424, at 

56438-56439 and 56443. 

b. What did Texas submit to address these grounds for disapproval? On 

March 11, 2011-2, TCEQ submitted revisions to address this concern. 

TCEQ removed the term “exempted” from §116.12(3)(E) and replaced it 

with “unauthorized” since emissions events were not exempt under 30 
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TAC Chapter 101, General Air Quality Rules, and must be reported.29

TCEQ noted that in EPA’s final disapproval of the definition of baseline 

actual emissions, EPA agreed that the inclusion of emission events30 in 

the definition of baseline actual emissions would have the effect of 

inflating the baseline and narrowing that gap between the baseline actual 

emissions and the planned emission rate. See 75 FR 56424, at 56443. 

EPA noted that the definition of baseline actual emissions included 

emission events and stated that to be approvable the definition must 

exclude emission events. This is because EPA noted that the definitions 

of “baseline actual emissions” and “projected actual emissions” must 

both exclude or include malfunction emissions. However, TCEQ stated 

that EPA’s interpretation excludes the conditional language at the end of 

the paragraph which limits emissions to those that have been, or are 

being, authorized, and, therefore, EPA’s statement that the TCEQ is 

including emission events is in error. The TCEQ stated that its longstanding policy is not to reward emission from events which are upset 

events and unplanned MSS activities. TCEQ’s term “unplanned MSS 

activities” substitutes for EPA’s term “unscheduled MSS.” TCEQ 

further stated that unplanned MSS activities are the functional equivalent 

of malfunctions, as are all upset emissions. TCEQ also noted that EPA 

objects to the use of the word “may,” because it indicates discretion 

without replicable procedures for such determinations. 

Accordingly, TCEQ reworded §116.12(3)(E) to clarify that MSS 

emissions reported under Chapter 101 shall be included in the 

calculation of baseline actual emissions but only to the extent that they 

have been authorized or are being authorized. Because unauthorized

emissions are not included, they are therefore excluded in the calculation 

of baseline actual emissions. The TCEQ does not authorize emission 

events, which are emissions from upsets and unscheduled MSS 

activities. While the text, as adopted in 2006, implemented that long 

standing policy, it was not written to clearly limit the inclusion of only 

planned MSS emissions that have been authorize or in the process of 

being authorized during a defined time period. These changes ensure: 

• That there is no discretion as to inclusion of only certain planned 

MSS emissions (and consequently the exclusion of emission events) 

in the baseline actual emissions calculation, and 

 29 These requirements are in the SIP at 30 TAC Chapter 101, Subchapter F, and approved November 10, 2010 

(75 FR 68989). 

30 The current SIP-approved definition of “emission event” was approved November 10, 2010 (75 FR 68989), at 

30 TAC 101.1(28) reads as follows: “Emissions event – Any upset event or unscheduled maintenance, startup, or 

shutdown activity, from a common cause that results in unauthorized emissions of air contaminants from one or 

more emissions points at a regulated entity.” 
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• That the definitions of “baseline actual emissions” and “projected 

actual emissions” are comparable and are therefore approvable. 

TCEQ made changes from the proposal by retaining in §116.12(3)(E) 

the phrase “or are being authorized,” relating to planned MSS emissions. 

Further, §116.12(3)(D) provides that non-compliant emissions are 

excluded from “baseline actual emissions.” To the extent that there are 

planned MSS emissions that remain unauthorized on or after March 1, 

2016, those will necessarily be “non-compliant” and therefore, no longer 

included in the determination of baseline actual emissions under the 

requirements of subparagraph (D). This is consistent with the 

Commission’s policy regarding authorization of planned MSS 

emissions. 

Additionally, the TCEQ amended the definition of “projected actual 

emissions” in §116.12(29) and adopted it with changes from the 

proposal. The Commission replaced the phrase “unauthorized emissions 

from startup and shutdown activities” with “emissions from planned 

maintenance, startup, or shutdown activities, which were historically 

unauthorized and subject to reporting under Chapter 101 to the extent 

that they have been authorized or are being authorized.” Emphasis 

added. This change is necessary to ensure that this definition is 

compatible with the definition of “baseline actual emissions.” As 

discussed earlier, the definition of “baseline actual emissions” is being 

amended to ensure TCEQ’s intent of the types of emissions can be 

included in the calculation is clear. While the TCEQ intended that these 

two definitions be compatible when adopted in 2006, the EPA's 

comments indicated that may not be the case. The EPA commented that 

the term “projected actual emissions” does not include emissions from 

startups, shutdowns, and malfunctions. However, as stated in the original 

adoption preamble for this rule in 2006, the TCEQ excluded malfunction 

emissions in compliance with long-standing Commission policy to 

exclude noncompliant emissions. The EPA in its final disapproval (see 

September 15, 2010 (75 FR 56424)) agreed that the inclusion of 

emissions events, which are similar to the Federal term “malfunctions” 

in the definition of “baseline actual emissions” would be inappropriate. 

Further, EPA has approved definitions in other states that also exclude 

malfunctions. (See September 15, 2010 (75 FR 56441)). These 

amendments are necessary to ensure that both definitions are approvable 

as revisions to the SIP. 

See the March 11, 2011-2 submittal of Rule Project No. 2010-008-PR, 

Evaluation, pages 6-9. 
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c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? Texas submitted revisions on March 11, 2011-

2, that address each of the items that EPA identified as needing to be 

addressed. Texas addressed these items as follows: 

1. A replicable procedure for determining the basis for which emissions 

associated with MSS will, and will not, be included in the baseline 

actual emissions.

a. TCEQ stated that its long-standing policy is not to reward 

emissions from emission events, which are upset events and 

unplanned MSS activities. TCEQ’s term “unplanned MSS 

activities” substitutes for EPA’s term “unscheduled MSS.” 

TCEQ stated that unplanned MSS activities are the functional 

equivalent of malfunctions, as are all upset emissions.31 

b. TCEQ noted EPA’s objection to the use of the word “may” 

stating that it indicates discretion without replicable procedures 

for such determinations. The submitted revision no longer uses 

the word “may.” 

c. TCEQ addressed this through its revisions to §116.12(3)(E) to 

clarify that MSS emissions reported under Chapter 101 shall be 

included in the calculation of baseline actual emissions but only 

to the extent that they have been authorized, or are being 

authorized. Unauthorized emissions are not included and are 

therefore excluded in the calculation of baseline actual 

emissions. TCEQ stated that it does not authorize emission 

events, which are emissions from upsets and unscheduled MSS 

activities. See submittal of Rule Project No. 2010-008-PR, 

Evaluation, pages 6-7. 

d. Consequently, TCEQ reworded §116.12(3)(E) to clarify that 

MSS emissions reported under Chapter 101 shall be included in 

the calculation of baseline actual emissions but only to the extent 

that they have been authorized or are being authorized. Because 

unauthorized emissions are not included, they are therefore 

 31 Region 6 did significant follow-up with other EPA Regions on this issue. Region 4 in particular did not 

consider or address the same issue that OECA raised when they approved Alabama’s PAL program. Region 4 has 

indicated to us that for Alabama they would not treat a malfunction under a PAL any differently than they would 

treat a malfunction at a source with any title V or PSD emission limit. In Alabama’s view, the PAL limit can 

generally be enforced like any other limit under the permit, and they can take enforcement action for any exceedance 

of this limit. In addition, all PAL limits would be in a title V permit, and can be enforced under the provisions of 

title V. 

Region 4 also approved SIPs in Georgia, South Carolina, and Florida which did not include malfunctions in 

baseline actual emissions and projected actual emissions. The bases for not including malfunctions in these States’ 

regulations are discussed in the proposed actions. See 73 FR 51606, at 51609 (Georgia, September 4, 2008); 72 FR 

52031, at 52035 (South Carolina, September 12, 2007); and 73 FR 18466, at 18470-18471 (Florida, April 4, 2008). 
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excluded in the calculation of baseline actual emissions. The 

TCEQ does not authorize emission events, which are emissions 

from upsets and unscheduled MSS activities. While the text, as 

adopted in 2006, implemented that long standing policy, it was 

not written to clearly limit the inclusion of only planned MSS 

emissions that have been authorized, or in the process of being 

authorized, during a defined time period. These changes ensure: 

• That there is no discretion as to inclusion of only certain 

planned MSS emission (and consequently the exclusion of 

emission events) in the baseline actual emissions calculation, 

and 

• That the definitions of “baseline actual emissions” and 

“projected actual emissions” are comparable and are 

therefore approvable. 

See the March 11, 2011-2, submittal of Rule Project No. 2010-

008-PR, Evaluation, pages 5-7. 

2. The basis for including emissions associated with maintenance in 

baseline actual emissions. The TCEQ includes MSS emissions to the 

extent that they have been authorized, or are being authorized. The 

MSS includes authorized emission from maintenance. The bases for 

including authorized MSS emissions (which include authorized 

emissions from maintenance) are discussed in detail in paragraph 

IV.D.1.ii.c.1 above. As discussed above, unauthorized emissions, 

including unauthorized emissions from maintenance activities are 

not included in the calculation of the baseline actual emissions. 

TCEQ does not authorize emission events which are emissions from 

upsets and unscheduled MSS activities (including maintenance). See 

the March 11, 2011-2, submittal of Rule Project No. 2010-008-PR, 

Evaluation, pages 5-7. 

3. The basis for not including unauthorized MSS emissions in the 

projected actual emissions. 

a. TCEQ described its adopted changes to the definition of 

“projected actual emissions” in §116.12(29) as a replacement of 

the phrase “unauthorized emissions from startup and shutdown 

activities” with “unauthorized emissions from startup and 

shutdown activities which were historically unauthorized and 

subject to reporting under Chapter 101 to the extent that they 

have been authorized or are being authorized.” This change 

ensures that this definition is compatible with the definition of 

“baseline actual emissions.” 
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b. The TCEQ excluded malfunction emissions consistent with its 

long-standing policy to exclude non-compliant emissions. 

See the March 11, 2011-2, submittal of Rule Project No. 2010-

008-PR, Evaluation, pages 8-9. 

4. Provisions for how it will handle maintenance, startup, and 

shutdown emissions after March 1, 2016. Under §116.12(3)(D), 

TCEQ excludes non-compliant emissions from the baseline actual 

emissions. To the extent that there are planned MSS emissions that 

remain after March 1, 2016, those emissions necessarily will be 

“non-compliant” and will be excluded from the calculation of the 

baseline actual emissions under subparagraph (D). See the March 11, 

2011-2, submittal of Rule Project No. 2010-008-PR, Evaluation, 

page 7. 

5. TCEQ has addressed the grounds for disapproval, as discussed 

above, the demonstrated that the submitted revisions meet the 

following Federal requirements: 

• Inclusion of planned MSS activities to the extent that they have 

been authorized, or are being authorized, in the calculation of 

baseline actual emissions. These revisions meet the requirements 

of 40 CFR 51.165(a)(1)(xxxv)(A)(1) and (B)(1), and 40 

CFR51.166(b)(40)(ii)(a) and (b)(47)(i)(a) and (ii)(a); and 

• Inclusion of planned MSS activities to the extent they have been 

authorized, or are being authorized, in the calculation of 

projected actual emissions. These revisions meet the 

requirements of 40 CFR 51.165(a)(1)(xxviii)(B)(2); and 40 CFR 

51.166(b)(40)(ii)(b). 

6. Based upon the discussions in sections IV.D.1.ii.c.1 through 5

above, these revisions satisfy the requirements for SIP approval.

iii. EPA disapproved the non-PAL aspects of the Major NSR Program because 

it does not provide that emissions must be calculated in terms of the average 

rate in tons per year

a. What were the grounds for this disapproval? The Federal definition of 

the “baseline actual emissions” provides that these emissions must be 

calculated in terms of “the average rate, in tons per year at which the 

unit actually emitted the pollutant during any consecutive 24-month 

period.” The submitted definition of the term “baseline actual 

emissions” found at 30 TAC 116.12(3)(A), (B), (D), and (E) differs from 

the Federal definition by leaving out the word “average” and instead 

providing that the baseline shall be calculated as “the rate, in tons per 

year at which the unit actually emitted the pollutant during any 

consecutive 24-month period.” Texas did not provided any 

demonstration, as required for a customized major NSR SIP revision 
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submittal, showing how this different definition is at least as stringent as 

the Federal definition. See 75 FR 56424, at 56439 and 56443. 

b. What did Texas submit to address these grounds for disapproval? The 

revisions submitted March 11, 2011-2, to the definition of “baseline 

actual emissions” in 30 TAC 116.12(3)(A), (B), (D), and (E), now 

provided that the rate is an average rate. See the March 11, 2011-2, 

submittal of Rule Project No. 2010-008-PR, Evaluation, page 5. 

c. What is EPA’s evaluation of the submitted SIP revisions to address the 

grounds for disapproval? 

1. The March 11, 2011-2, submitted change to the definition of 

“baseline actual emissions” in 30 TAC 116.12(3)(A), (B), (D), and 

(E), to specify that the rate is an average rate. The revised definition 

meets the Federal requirements under 40 CFR 

51.165(a)(1)(xxxv)(A), (B), (D) and (E) and 51.166(b)(47)(i), (ii), 

(iv), and (v). 

2. Based upon the discussion in section IV.D.1.iii.c.1 above the 

submitted revisions satisfy the requirements for SIP approval.32

V. Does Approval of Texas’s Rule Revisions Interfere with Attainment, Reasonable 

Further Progress, or Any Other Applicable Requirement of the Act?

The Act provides that a plan revision shall be approved if it meets the requirements of 

section 110(l) of the Act, which provides that: 

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 revisions would 

interfere with any applicable requirement concerning attainment and reasonable 

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

As discussed below, EPA believes that Texas’s revisions meet the requirements of 

section 110(l) of the Act based upon the discussion in the November 2002 document 

entitled “Supplemental Analysis of the Environmental Impact of the 2002 Final NSR 

Improvement Rules” which provides support that the 2002 NSR Reform Rules meet this 

requirement.33 

In EPA’s Notice of reconsideration of the final December 31, 2002, NSR Reform rule 

reviewed concluded that the findings in the 2002 rulemaking were justified stated below: 

During the rulemaking process, we strived to take into consideration relevant and 

reliable information on environmental effects. We did in fact take account of 

 32 This same issue was also identified in Texas’s PAL rule. See our evaluation of this matter in the Texas PAL 

in section IV.C.1.v. 

33 This document is available at http://www.epa.gov/air/nsr/documents/nsr-analysis.pdf. 
TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

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environmental considerations in formulating the final rules, and believe the final 

rules are properly supported and justified in this regard. 

68 FR 44620, at 44624 (July 30, 2003). We further stated: 

In the supplemental environmental analysis, we found that the overall effect of the 

final rule would be a net benefit to the environment compared to the former NSR 

rules because the final rule would result in reductions in emissions of air 

pollution. ... Specifically, ... the analysis concludes the following: 

(1) The PAL provisions will result in tens of thousands of tons per year (tpy) 

of volatile organic compounds (VOC) reductions from just three industrial 

categories where PALs are likely to be used most often. Overall reductions will be 

greater because it is likely that PALs also will be adopted in other source 

categories. 

* * * * * 

(4) The portion of the rule addressing baseline actual emissions will not have 

a significant environmental impact. The former program already allowed sources 

to use a more representative baseline period, with the approval of the reviewing 

authority, instead of the two-year period before the change specifically delineated 

in the former rules. The final rules provide an expanded time frame from which 

you may select a representative baseline but eliminate the option of going beyond 

this period of time. While the new rules may allow a small number of existing 

emissions units to use higher baselines, other units will be required to use lower 

baselines due to the requirement to adjust the baseline downward to account for 

any new emission limitations at that emissions unit. The changes overall impact 

will be small because the portion of the rule addressing baseline actual emissions 

does not affect new sources, new units built at existing sources, electric utilities, 

and many modified sources. 

(5) The change to the actual-to-projected-actual test will have a net 

environmental benefit, but a relatively small one. The benefit stems from 

removing: (1) Incentives to keep actual emissions high before making a change, 

and (2) barriers to projects that will reduce emissions. The size of this benefit 

nationally is uncertain. Its impact would be small because the change in emissions 

calculation methodology does not affect either of the following: (1) New sources, 

new units built at existing industrial facilities, and electric utilities, or (2) any 

modifications at existing facilities that actually result in significant increases in 

emissions. Historically, under the previous major NSR rule, virtually all other 

sources making a physical or operational change have accepted “permit limits” so 

as to be confident that they will not trigger major NSR. Our analysis concludes 

that the benefits from this aspect of the program are likewise largely unaffected 

because such sources must still assure that actual emissions do not significantly 

increase as a result of a change. 

The supplemental environmental analysis uses quantitative information where 

possible but also notes limitations on our ability to quantify impacts of the rule. 

We used qualitative information to supplement the analysis when such limitations 
TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

Page 44 

are present. We also noted that the final rules will result in economic benefits that 

stem from improved flexibility, increased certainty, and reduced administrative 

burden. These benefits are important, but were not quantified as part of this 

environmental analysis. 

68 FR 44624-44625 (July 30, 2003) 

In the final reconsideration action, we stated: 

After carefully considering the information that was submitted, we have 

determined that none of the new information presented leads us to conclude that 

the analysis was incorrect or substantially flawed. Therefore, we are re-affirming 

the validity of the original conclusions. A summary of the comments received and 

our responses to these comments can be found in our Technical Support 

Document. 

68 FR 63021, at 63023 (November 7, 2003).34 

In this instance Texas has adopted new rules that are at least as stringent as the applicable 

Federal rules and correspond with the 2002 Final NSR Improvement Rules. There are no 

data currently available that would show that implementation of Texas’s NSR Reform 

Program would result in interference with any applicable requirement concerning 

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

We anticipate that Texas’ NSR Reform Program will be have the same impact as the 

Federal PAL rules as described in the 2002 Supplemental Analysis and the 2003 

reconsideration. 

The Texas PAL will result in lower emissions than the allowable emissions on the face of 

the permit in effect before issuance to the PAL Permit. This is because the PAL Permit is 

based upon actual emissions which will generally be less than the emissions allowed in 

the permit in effect prior to issuance of the PAL permit. The PAL is established as the 

sum of the baseline actual emissions from all emissions units at the major stationary 

source plus the significant level for the PAL pollutant, See 30 TAC 116.188. 

Furthermore, the average emissions for each emissions unit must be adjusted downward

to exclude any non-compliant emissions during the consecutive 24-month baseline period 

that is used to establish the baseline actual emissions for the PAL. See 30 TAC 

116.12(3)(D) under the definition of “baseline actual emissions.” As discussed in section 

IV.B.1 in this preamble, a PAL can only be established at an existing major stationary 

source which has had at least two years of operating history to establish an actuals PAL. 

Consequently, the PAL will generally be established at a level that is lower than the 

allowable emissions established in the pre-existing permit. Finally, in the 2002 NSR 

Reform rulemaking, we note that a PAL provides operational flexibility for an owner or 

operator to manage source-wide emissions without triggering major NSR when the 

changes do not result in emissions above the PAL. This creates incentive to for an owner 

or operator to create room for growth by employing innovative control technologies and 

 34 The Technical Support Document for the reconsideration is available at: 

http://www.epa.gov/air/nsr/documents/petitionresponses10-30-03.pdf. 
TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

Page 45 

pollution control measures to create emissions reductions to facilitate economic 

expansion. See 67 FR 80186, at 80206-80207 (December 31, 2002). 

For the reasons stated above, we are proposing to find that the submitted SIP revisions 

will not interfere with any applicable requirement concerning attainment and reasonable 

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

 
TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

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TECHNICAL SUPPORT DOCUMENT 

Appendix 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

Page i 

This Appendix consists of EPA’s annotation and evaluation of revisions to 30 TAC 116.12, 

116.115, 116.121, 116,127, 116.150, 116.151, 116.180, 116.182, 116.184, 116.186, 116.188, 

116.190, 116.192, 116.196, and 116.198. The evaluation of each section consists of the 

following: 

I. Background. This includes a history of the current SIP and each revision that was 

submitted to EPA for SIP approval. 

II. Evaluation matrix. This is a table which includes the text of the SIP-approve rule, the 

text of each submitted SIP revision, and an annotation of the changes of each SIP 

revision. 

A. Table Structure. 

1. The table includes an annotation of each rule that is evaluated in this 

action. Separate annotations are included for each subsection, paragraph, 

subparagraph, division, subdivision, etc., of each rule that is reviewed. 

2. Each subsection, paragraph, subparagraph, etc, is arranged in 

chronological order in a single row from left to right, as follows: 

a) If the particular part of the rule is currently SIP-approved, the text 

of the approved appears in the left-hand column of that row. For a 

SIP-approved rule, the column is shaded at 25 percent. 

b) If a particular part of the rule has been proposed for SIP-approval, 

it will either appear immediately to the right of any currently SIPapproved rule, or in the left-most column if there is currently no 

SIP-approved rule. A proposed rule appears in a column that is 

shaded at 15 percent. 

c) If the particular part of the is not SIP-approved, then the earliest 

submitted SIP revisions that is being reviewed in this action 

appears in the left-hand column 

d) Following the left-hand column, additional SIP revisions of that 

part appear to right in successive columns in chronological order 

for each submitted SIP revision that is being reviewed. 

e) The far right-hand column includes any comments and evaluation 

summary of the rule in that row. If more extensive comments are 

needed they may appear in a footnote at the bottom of the page or 

there will be a reference to the section of the TSD if a detailed 

evaluation is needed as discussed below under the heading entitled 

Additional Comments.
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Revisions to Texas State Implementation Plan Relating to Eight-Hour Ozone and New 

Source Review Reform

Page ii 

B. Each pending SIP revision is annotated to highlight the changes made to that part 

relative to the version in the column immediately to the left of the particular 

change. Each change is designated as follows: 

1. New text is underlined.

2. Deleted text is struck out. 

Additional Comments. Whenever the evaluation of a specific provision of a submitted 

rule requires greater detail that what is feasible in this Appendix, the right hand column 

includes a reference to Section IV of the TSD, which includes a detailed discussion that 

relates to specific issues that need extensive evaluation, and may include discussion 

whether a submitted rule meets the applicable requirements for SIP approval. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-1 

Evaluation of Pending SIP Revisions to 30 TAC 116.12 – Nonattainment and Prevention of 

Significant Deterioration Review Definitions 

I. Background of 30 TAC 116.12 

A. Current SIP. This section is currently SIP-approved as follows: 

1. Revisions adopted August 20, 2003, and approved March 20, 2009 (74 FR 

11851), except for as identified in I.A.2 below. 

2. Revisions adopted February 9, 2011, and approved December 28, 2011 

(76 FR 81371), as follows: 

a) The revised title; 

b) The revised introductory paragraph at 116.12; and 

c) The following definitions: 

(1) Federally Regulated NSR pollutant; 

(2) Major stationary source; and 

(3) Major modification. 

B. Submitted Revisions to 30 TAC 116.12 Reviewed in this Action

1. June 10, 2005, and resubmitted March 11, 2011-1, under Rule Project No. 

2008-030-116-PR. This SIP submittal includes revisions adopted May 25, 

2005; effective June 15, 2005. EPA disapproved this SIP revision on 

September 15, 2010 (75 FR 56424). This SIP revision includes revisions 

to the following: 

a) Revision to the introductory paragraph. This revision was 

addressed separately in the Texas Infrastructure SIP.1

b) Revisions to paragraphs (1) through (4), (6) through (10), and (12) 

through (18).2

(1) Revisions to paragraph (10) were addressed separately in 

the Texas Infrastructure SIP.3

(2) Revisions to paragraphs (1)-(4), (6)-(9), (12), and (14)-(18) 

are addressed in this action. 

 1

 See section I.C.1 for further information of the Texas Infrastructure SIP. 

2

 Most paragraphs identified here (including the paragraphs identified in paragraphs I.B.1.b)(1) below were 

renumbered in a revision adopted January 11, 2006). 

3

 See section I.C.1 for further information of the Texas Infrastructure SIP. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-2 

2. February 1, 2006, and resubmitted March 11, 2011, under Rule Project 

No. 2010-008-116-PR. On February 1, 2006, TCEQ submitted revisions 

adopted January 11, 2006; effective February 1, 2006. The SIP revisions 

to §116.12 submitted February 1, 2006, were disapproved on September 

15, 2010 (75 FR 56424). This SIP revision included revisions to the 

following: 

a) Changed the title of the section from “Nonattainment Review 

Definitions” to “Nonattainment and Prevention of Significant 

Deterioration Review Definitions.” This revision was addressed 

separately in the Texas Infrastructure SIP.4

b) Added new paragraphs (3)-(4), (7)-(8), (13), (14)5, (16), (22)-(26), 

(29)-(31), (33)-(34), and (36). 

c) Renumbered existing paragraphs as follows: 

(1) Existing paragraphs (3)-(4) to paragraphs (5)-(6), 

respectively. 

(2) Existing paragraphs (5)-(8) to paragraphs (9)-(12), 

respectively. 

(3) Existing paragraph (9) to paragraph (15). 

(4) Existing paragraphs (10)-(14) to paragraphs (17)-(21)6, 

respectively. 

(5) Existing paragraphs (15)-(16) to paragraphs (27)-(28), 

respectively. 

(6) Existing paragraph (17) to paragraph (32). 

(7) Existing paragraph (18) to paragraph (35). 

d) Revised the following existing paragraphs as renumbered: (1), (5), 

(11), (12), (17), (18), and (20). 

3. March 11, 2011-1 (eight-hour ozone).On March 11, 2011-1, TCEQ 

submitted revisions (adopted February 9, 2011); effective March 3, 2011; 

under Rule Project No. 2008-030-116-PR. This SIP revision included 

 4

 See section I.C.1 for further information of the Texas Infrastructure SIP. 

5

 Paragraph (14) was addressed separately in the Texas Infrastructure SIP. See section I.C.1 for further 

information on the Texas Infrastructure SIP. 

6

 Paragraphs (17) and (18) were addressed separately in the Texas Infrastructure SIP. See section I.C.1 for 

further information on the Texas Infrastructure SIP. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-3 

revisions to paragraph (18). These revisions were addressed separately in 

the Texas Infrastructure SIP.7

4. March 11, 2011-2 (NSR Reform). On March 11, 2011-2, TCEQ submitted 

revisions (adopted February 9, 2011); effective March 3, 2011; under Rule 

Project No. 2008-030-116-PR. This SIP revision includes revisions to 

paragraphs (3), (20), and (29). These revisions are addressed in this action. 

5. Revisions proposed February 22, 2012. TCEQ proposed a revision to 

paragraph (23) under Rule Project No, 2012-015-116-AI. EPA will 

parallel process this revision. 

II. Evaluation Matrix of 30 TAC 116.12

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP 

Approved 12/28/20118

§116.12. Nonattainment and Prevention of Significant Deterioration Review 

Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the 

commission, the terms used by the commission have the meanings commonly ascribed 

to them in the field of air pollution control. The terms in this section are applicable to 

permit review for major source construction and major source modification in 

nonattainment areas. In addition to the terms that are defined by the TCAA, and in 

§101.1 of this title (relating to Definitions), the following words and terms, when used 

in Chapter 116, Subchapter B, Divisions 5 and 6 of this title (relating to Nonattainment 

Review and Prevention of Significant Deterioration Review; and Chapter 116, 

Subchapter C, Division 1 of this title (relating to Plant-Wide Applicability Limits, have 

the following meanings, unless the context clearly indicates otherwise.

 7

 See section I.C.1 for further information of the Texas Infrastructure SIP. 

8

 Revisions to the section title and the introductory paragraph to §116.12, as submitted adopted by TCEQ on 

February 9, 2011 (submitted March 11, 2011), were approved separately on December 28, 2011, as part of the Texas 

Infrastructure SIP. See section I.C.1 for further information of the Texas Infrastructure SIP. These revisions replaced 

and revised the former section title and introductory paragraph, which had been approved March 20, 2009. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-4 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1*9

(1) Actual emissions – Actual 

emissions as of a particular date shall 

equal the average rate, in tons per year 

(tpy), at which the unit actually emitted 

the pollutant during a two year period 

which precedes the particular date and 

which is representative of normal source 

operation. . . . 

(1) Actual emissions – Actual 

emissions as of a particular date are shall 

equal to the average rate, in tons per year 

(tpy), at which the unit actually emitted 

the pollutant during a two year period that

which precedes the particular date and 

that which is representative of normal 

source operation. . . . 

Change is nonsubstantive 

Continues to meet 40 

CFR 

51.165(a)(1)(xii)(B) 

and 51.166(b)(21)(ii) 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2*10

. . . The executive director shall allow 

the use of a different time period upon a 

determination that it is more 

representative of normal source operation. 

... 

. . . The executive director shall allow 

the use of a different time period upon a 

determination that it is more 

representative of normal source operation, 

except that this definition shall not apply 

for calculating whether a significant 

emissions increase has occurred, or for 

establishing a plant-wide applicability 

limit. Instead, paragraph (3) of this 

section relating to baseline actual 

emissions shall apply for this purpose. ... 

Meets 40 CFR 

51.165(a)(1)(xii)(B) 

and 51.166(b)(21)(ii) 

Current SIP 

Approved 3/20/2009 

... Actual emissions shall be calculated using the unit’s actual operating hours, 

production rates, and types or materials processed, stored, or combusted during the 

selected time period. The executive director may presume that the source-specific 

allowable emissions for the unit are equivalent to the actual emissions, e.g., when the 

allowable limit is reflective of actual emissions. For any emissions unit that has not 

begun normal operations on the particular date, actual emissions shall equal the 

potential to emit the unit on that date. 

These sentences were not 

revised in the 

6/10/2005 and 2/1/2006 

submittals. 

Continues to meet 40 

CFR 51.165(a)(1)(xii) 

and 51.166(b)(21) 

 9

 In this chart, 3/11/2011-1 refers to Rule Project No. 2008-030-116-PR, relating to One Hour Ozone Major 

Source Thresholds and Emission Offsets, submitted March 11, 2011. An asterisk (*) indicates that the provision was 

a resubmittal of the same provisions previously submitted on June 10, 2005, without change. 

10 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-5 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(2) Allowable emissions – The 

emissions rate of a stationary source, 

calculated using the maximum rated 

capacity of the source (unless the source 

is subject to federally enforceable limits 

which restrict the operating rate, or hours 

of operation, or both), and the most 

stringent of the following: 

(2) Allowable emissions – The 

emissions rate of a stationary source, 

calculated using the maximum rated 

capacity of the source (unless the source 

is subject to federally enforceable limits 

that which restrict the operating rate, or 

hours of operation, or both), and the most 

stringent of the following: 

Non-substantive changes 

Continues to meet 40 

CFR 51.165(a)(1)(xi) 

and 51.166(b)(16) 

(A) the applicable standards set 

forth in Title 40 Code of Federal 

Regulations (CFR), Part 60 or 61; 

(A) the applicable standards 

specified set forth in Title 40 Code of 

Federal Regulations (CFR), Part 60 or 61; 

Current SIP 

Approved 3/20/2009. 

(B) the applicable state implementation plan emissions limitation including 

those with a future compliance date; or

No changes submitted 

Continues to meet 40 

CFR 51.165(a)(1)(xi) 

and 51.166(b)(16) 

(C) the emissions rate specified as a federally enforceable permit condition 

including those with a future compliance date. 

Under Review 

Revisions submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(3) Baseline actual emissions – The rate of emissions, in tons per year, or a 

federally regulated new source review pollutant.

Meets 40 CFR 

51.165(a)(1)(xxxv) and 

51.166(b)(47) 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Revision submitted 3/11/2011-2 

(A) For any existing electric utility 

steam generating unit, baseline actual 

emissions means the rate, in tons per year 

at which the unit actually emitted the 

pollutant during any consecutive 24-

month period selected by the owner or 

operator within the five-year period 

immediately preceding when the owner or 

operator begin actual construction of the 

project. The executive director shall allow 

the use of a different time period upon a 

determination that it is more 

representative of normal source operation.

(A) For any existing electric utility 

steam generating unit, baseline actual 

emissions means the average rate, in tons 

per year, at which the unit actually 

emitted the pollutant during any 

consecutive 24-month period selected by 

the owner or operator within the five-year 

period immediately preceding when the 

owner or operator begins actual 

construction of the project. The executive 

director shall allow the use of a different 

time period upon a determination that it is 

more representative of normal source 

operation. 

Relates to grounds for the 

9/15/2010 disapproval 

Revisions submitted 

3/11/2011-2 address 

these grounds for 

disapproval 

See sections IV.C.1.v and 

IV.D.1.iii for further 

information 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-6 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Revision submitted 3/11/2011-2 

(B) For an existing facility (other 

than an electric utility steam generating 

unit), baseline actual emissions means the 

rate, in tons per year at which the facility 

actually emitted the pollutant during any 

consecutive 24-month period selected by 

the owner or operator within the ten-year 

period immediately preceding either the 

date the owner or operator begins actual 

construction of the project, or the date a 

complete application is received for a 

permit. The rate shall be adjusted 

downward to exclude any emissions that 

would have exceeded an emission 

limitation with which the major stationary 

source must currently comply with the 

exception of those required under 40 CFR 

Code of Federal Regulations Part 63, had 

such major stationary source been 

required to comply with such limitation 

during the consecutive 24-month period. 

(B) For an existing facility (other 

than an electric utility steam generating 

unit), baseline actual emissions means the 

average rate, in tons per year, at which the 

facility actually emitted the pollutant 

during any consecutive 24-month period 

selected by the owner or operator within 

the ten-year period immediately preceding 

either the date the owner or operator 

begins actual construction of the project, 

or the date a complete permit application 

is received for a permit. The rate shall be 

adjusted downward to exclude any 

emissions that would have exceeded an 

emission limitation with which the major 

stationary source must currently comply 

with the exception of those required under 

40 Code of Federal Regulations Part 63, 

had such major stationary source been 

required to comply with such limitations 

during the consecutive 24-month period. 

Relates to grounds for the 

9/15/2010 disapproval 

Revisions submitted 

3/11/2011-2 address 

the grounds for 

disapproval 

Meets the requirements of 

40 CFR 

51.165(a)(1)(xxxv)-(B) 

and (B)(3) 

51.166(b)(47)(ii) and 

(ii)(c) 11

See sections IV.C.1.v and 

IV.D.1.iii for further 

information 

Under Review 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(C) For a new facility, the baseline actual emissions for purposes of determining 

the emissions increase that will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's 

potential to emit.

Meets 40 CFR 

51.165(a)(1)(xxxv)(C) 

and 51.166(b)(47)(iii)

 11 The provision in these Federal rules that requires that “the 10 year period shall not include any period earlier 

than November 15, 1990" is addressed in the last sentence of §116.12(3)(D). 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-7 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Revision submitted 3/11/2011-2 

(D) The actual rate shall be 

adjusted downward to exclude any noncompliant emissions that occurred during 

the consecutive 24-month period. For 

each regulated new source review 

pollutant, when a project involves 

multiple emissions units, only one 

consecutive 24-month period must be 

used to determine the baseline actual 

emissions for the emissions units being 

changed. A different consecutive 24-

month period can be used For each 

regulated NSR pollutant. The rate shall 

not be based on any consecutive 24-

month period for which there is 

inadequate information for determining 

annual emissions, in tons per year, and for 

adjusting this amount. Baseline emissions 

cannot occur prior to November 15, 1990.

(D) The actual average rate shall be 

adjusted downward to exclude any noncompliant emissions that occurred during 

the consecutive 24-month period. For 

each regulated new source review 

pollutant, when a project involves 

multiple facilities, only one consecutive 

24-month period must be used to 

determine the baseline actual emissions 

for the facilities being changed. A 

different consecutive 24-month period can 

be used for each regulated new source 

review pollutant. The average rate shall 

not be based on any consecutive 24-

month period for which there is 

inadequate information for determining 

annual emissions, in tons per year, and for 

adjusting this amount. Baseline emissions 

cannot occur prior to November 15, 1990. 

Relates to grounds for the 

9/15/2010 disapproval 

Revisions submitted 

3/11/2011-2 address 

the grounds for 

disapproval 

See sections IV.C.1.v, 

IV.D.1.ii, and 

IV.D.1.iii for further 

information 

(E) The actual emissions rate shall 

include fugitive emissions to the extent 

quantifiable. Until March 1, 2016, 

emissions previously demonstrated as 

emissions events or historically exempted 

under Chapter 101 of this title, (relating to 

General Air Quality Rules), may be 

included to the extent that they have been 

authorized, or are being authorized, in a 

permit action under Chapter 116.

(E) The actual average emissions 

rate shall include fugitive emissions to the 

extent quantifiable. Until March 1, 2016, 

emissions previously demonstrated as 

resulting from planned maintenance, 

startup, or shutdown activities; as 

emissions events or historically 

unauthorized; and subject to reporting 

under Chapter 101 of this title (relating to 

General Air Quality Rules) shall be 

included to the extent exempted under 

Chapter 101 of this title, (relating to 

General Air Quality Rules), may be 

included to the extent that they have been 

authorized. 

Relates to grounds for the 

9/15/2010 disapproval. 

Revisions submitted 

3/11/2011-2 address 

the grounds for 

disapproval. 

See sections IV.C.1.v, 

IV.D.1.ii, and 

IV.D.1.iii for further 

information 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-8 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(4) Basic design parameters – For a process unit at a steam electric generating 

facility, the owner or operator may select as its basic design parameters either 

maximum hourly heat input and maximum hourly fuel consumption rate or maximum 

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

consumption specifications in terms of weight or volume, the minimum fuel quality 

based on British Thermal Units content shall be used for determining the basic design 

parameters for a coal-fired electric utility steam generating unit. The basic design 

parameters for any process unit that is not at a steam electric generating facility are 

maximum rate of fuel or heat input, maximum rate of material input, or maximum rate 

of product output. Combustion process units will typically use maximum rate of fuel 

input. For sources having multiple end products and raw materials, the owner or 

operator should consider the primary product or primary raw material when selecting a 

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

parameter for the source’s process units, if the owner or operator believes the basic 

operating design parameter as defined in this paragraph is not appropriate for the 

specific industry or type of process unit. If the executive director approves of the use 

of, an alternative basic design parameter, that basic design parameter shall be identified 

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

Similar to 40 CFR 

51.165(h)(2)(i)-(iii) and 

51.166(y)(2)(i)-(iii) 

Meets Federal 

requirements. 

See Note below for 

further information12

(A) The owner or operator shall use credible information, such as results of 

historic maximum capability tests, design information from the manufacturer, or 

engineering calculations, in establishing the magnitude of the basic design parameters.

(B) If design information is not available for a process unit, then the owner or 

operator shall determine the process unit’s basic design parameter(s) using the 

maximum value achieved by the process unit in the five-year period immediately 

preceding the planned activity.

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

 12 30 TAC 116.12(4) – Definition of Basic design parameters: This term, “basic design parameters” is defined 

in 40 CFR 51.165(h)(2) and 51.166(y)(2) as part of the equipment replacement provisions (ERP) that EPA 

promulgated October 27, 2003 (68 FR 61247). The ERP was vacated by the D,C, Circuit in New York v, EPA on 

March 17, 2006. 

On November 7, 2003 (68 FR 63021), EPA promulgated a definition of “replacement unit” under 40 CFR 

51.165(a)(1)(xxi) and 51.166(b)(32), which cross-references the definition of “basic design parameters.” 

This definition is approvable because TCEQ adopted the definition of “basic design parameters” not to 

implement the ERP, but to implement the definition of “replacement unit” in 30 TAC 116.12(31) which uses the 

term “basic design parameters.” 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-9 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 

Rev submitted 6/10/2005 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-1* 

Resubmitted 3/11/2011-2* 

(3) Begin actual 

construction – In general, 

initiation of physical onsite construction activities 

on an emissions unit 

which are of a permanent 

nature. Such activities 

include, but are not limited 

to, installation of building 

supports and foundations, 

laying of underground 

pipework, and 

construction of permanent 

storage structures. With 

respect to a change in 

method of operation, this 

term refers to those on-site 

activities other than 

preparatory activities 

which mark the initiation 

of the change. 

(3) Begin actual 

construction – In general, 

initiation of physical onsite 

construction activities on 

an emissions unit that

which are of a permanent 

nature. Such activities 

include, but are not limited 

to, installation of building 

supports and foundations, 

laying of underground 

pipework, and construction 

of permanent storage 

structures. With respect to 

a change in method of 

operation, this term refers 

to those on-site activities 

other than preparatory 

activities that which mark 

the initiation of the change. 

(5) (3) Begin actual 

construction – In general, 

initiation of physical onsite 

construction activities on 

an emissions unit that are 

of a permanent nature. 

Such activities include, but 

are not limited to, 

installation of building 

supports and foundations, 

laying of underground 

pipework, and construction 

of permanent storage 

structures. With respect to 

a change in method of 

operation, this term refers 

to those on-site activities 

other than preparatory 

activities that mark the 

initiation of the change. 

Nonsubstantive changes 

to current SIP 

Continues to meet 40 

CFR 51.165(a)(1)(xv) 

and 51.166 (b)(11)
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-10 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review

Approved 3/20/2009 

Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(4) Building, 

structure, facility, or 

installation – All of the 

pollutant-emitting 

activities which belong to 

the same industrial 

grouping are located in 

one or more contiguous or 

adjacent properties, and 

are under the control of 

the same person (or 

persons under common 

control). Pollutantemitting activities shall be 

considered as part of the 

same industrial grouping if 

they belong to the same 

“Major Group” (i.e., 

which have the same twodigit code) as described in 

the Standard Industrial 

Classification Manual, 

1972, as amended by the 

1977 supplement. 

(4) Building, 

structure, facility, or 

installation – All of the 

pollutant-emitting 

activities that which

belong to the same 

industrial grouping are 

located in one or more 

contiguous or adjacent 

properties, and are under 

the control of the same 

person (or persons under 

common control). 

Pollutant emitting 

activities are shall be 

considered to be as part of 

the same industrial 

grouping if they belong to 

the same “Major Group” 

(i.e., that which have the 

same two-digit code) as 

described in the Standard 

Industrial Classification 

Manual, 1972, as amended 

by the 1977 supplement. 

(6) (4) Building, 

structure, facility, or 

installation – All of the 

pollutant-emitting activities 

that belong to the same 

industrial grouping are 

located in one or more 

contiguous or adjacent 

properties, and are under 

the control of the same 

person (or persons under 

common control). Pollutant 

emitting activities are shall 

be considered to be as part 

of the same industrial 

grouping if they belong to 

the same “Major Group” 

(i.e., that have the same 

two-digit code) as 

described in the Standard 

Industrial Classification 

Manual, 1972, as amended 

by the 1977 supplement. 

Nonsubstantive changes 

to current SIP 

Continues to meet 40 

CFR 51.165(a)(1)(ii) 

and 51.166(b)(6) 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(7) Clean coal technology – any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility 

which will achieve significant reductions in air emissions of sulfur dioxide or oxides of 

nitrogen associated with the utilization of coal in the generation of electricity, or 

process steam which was not in widespread use as of November 15, 1990.

Meets 40 CFR 

51.165(a)(1)(xxiii) and 

51.166(b)(33) 

(8) Clean coal technology demonstration project – A project using funds 

appropriated under the heading “Department of Energy -- Clean Coal Technology”, up 

to a total amount of $2,500,000,000 for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the Environmental 

Protection Agency. The Federal contribution for a qualifying project shall be at least 20 

percent of the total cost of the demonstration project.

Meets 40 CFR 

51.165(a)(1)(xxiv) and 

51.166(b)(34) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-11 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review

Approved 3/20/2009 Revisions submitted 2/1/2006. 

Resubmitted 3/11/2011-2*

(5) Commence – As applied to 

construction of a major stationary source 

or major modification, means that the 

owner or operator has all necessary 

preconstruction approvals or permits and 

either has: 

(9) (5) Commence – As applied to 

construction of a major stationary source 

or major modification, means that the 

owner or operator has all necessary 

preconstruction approvals or permits and 

either has: 

Nonsubstantive change 

Continues to meet 40 

CFR 51.165(a)(1)(xvi) 

and 51.166(b)(9) 

Current SIP 

Approved 3/20/2009. 

(A) begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time; or 

No change. 

Continues to meet 40 

CFR 

51.165(a)(1)(xvi)(A) & 

(B) and 51.166(b)(9)(i) 

& (ii) 

(B) entered into binding agreements or contractual obligations, which cannot be 

canceled or modified without substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed within a reasonable time. 

Current SIP Under Review 

Approved 3/20/2009 

Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(6) Construction – 

Any physical change or 

change in the method of 

operation (including 

fabrication, erection, 

installation, demolition, or 

modification of an 

emissions unit) which 

would result in a change in 

actual emissions.

 (6) Construction – 

Any physical change or 

change in the method of 

operation (including 

fabrication, erection, 

installation, demolition, or 

modification of an 

emissions unit) that which

would result in a change in 

actual emissions. 

(10) (6) Construction

– Any physical change or 

change in the method of 

operation (including 

fabrication, erection, 

installation, demolition, or 

modification of an 

emissions unit) that would 

result in a change in actual 

emissions. 

Nonsubstantive change. 

Continues to meet 40 

CFR 

51.165(a)(1)(xviii) and 

51.166(8) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-12 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(7) 

Contemporaneous 

period – As follows. 

(7) Contemporaneous 

period – As follows. 

(11) (7)

Contemporaneous period

– 

Nonsubstantive change. 

Continues to meet 40 

CFR 

51.165(a)(1)(vi)(B) and 

51.166(3)(ii) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(A) For major sources with the 

potential to emit 250 tons per year (tpy) or 

more of a nonattainment pollutant, the 

period between:

(A) For major sources with the 

potential to emit 250 tons per year (tpy) or 

more of a nonattainment pollutant, the 

period between:

Meets 40 CFR 

51.165(a)(1)(vi)(B) and 

(C)(1); and 

51.166(b)(3)(ii) under 

Federal definitions of 

“net emissions 

increase” 

(i) November 15, 1992; and (i) November 15, 1992; and

(ii) the date that the increase 

from the particular change occurs. 

(A) (ii) the date that the increase 

from the particular change occurs. 

(B) 60 months prior to the date 

that construction on the particular change 

occurs.

(B) For major sources with the 

potential to emit less than 250 tpy of a 

nonattainment pollutant, the period 

between: 

(B) For major sources with the 

potential to emit less than 250 tpy of a 

nonattainment pollutant, the period 

between:

(i) the date five years before 

construction on the particular change 

commences; and 

(i) the date five years before 

construction on the particular change 

commences; and

(ii) the date that the increase 

from the particular change occurs. 

(ii) the date that the increase 

from the particular change occurs.

(C) Notwithstanding 

subparagraphs (A) and (B) of this 

definition, for major sources of nitrogen 

oxides as a precursor to ozone in ozone 

nonattainment areas, the 

contemporaneous period shall begin no 

earlier than November 15, 1992. 

(C) Notwithstanding 

subparagraphs (A) and (B) of this 

definition, for major sources of nitrogen 

oxides as a precursor to ozone in ozone 

nonattainment areas, the 

contemporaneous period shall begin no 

earlier than November 15, 1992.
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-13 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 

Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(8) De minimis 

threshold test (netting) - 

A method of determining 

if a proposed emission 

increase will trigger 

nonattainment review. 

The summation of the 

proposed increase with all 

other creditable source 

emission increases and 

decreases during the 

contemporaneous period is 

compared to the MAJOR 

MODIFICATION column 

of Table I (in tons per 

year) for that specific 

nonattainment area. If the 

major modification level is 

exceeded, then 

nonattainment review is 

required.

 (8) De minimis De 

minimis threshold test 

(netting) – A method of 

determining if a proposed 

emission increase will 

trigger nonattainment 

review. The summation of 

the proposed increase in 

tons per year with all other 

creditable source emission 

increases and decreases 

during the 

contemporaneous period is 

compared to the MAJOR 

MODIFICATION column 

of Table I located in the 

definition of major 

modification in this section

(in tons per year) for that 

specific nonattainment 

area. If the major 

modification level is 

exceeded, then 

nonattainment review is 

required.

(12) (8) De minimis 

threshold test (netting) – 

A method of determining if 

a proposed emission 

increase will trigger 

nonattainment or 

prevention of significant 

deterioration review. The 

summation of the proposed 

project emission increase in 

tons per year with all other 

creditable source emission 

increases and decreases 

during the 

contemporaneous period is 

compared to the significant 

level MAJOR 

MODIFICATION column 

of Table I located in the 

definition of major 

modification in this section 

(in tons per year) for that 

specific nonattainment 

area. If the significant

major modification level is 

exceeded, then prevention 

of significant deterioration 

and/or nonattainment 

review is required.

Reorganized the 

definition to include 

PSD changes 

Non-substantive changes 

to the current SIP. 

Meets 40 CFR 

51.165(a)(v)(1)(A)(1)-

(2) and 51.166(b)(2)(i) 

Also meets 40 CFR 

51.165(a)(2)(ii) and 

51.166(a)(7) 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(13) Electric utility steam generating unit - Any steam electric generating unit 

that is constructed for the purpose of supplying more than one-third of its potential 

electric output capacity and more than 25 MW electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the 

purpose of providing steam to a steam-electric generator that would produce electrical 

energy for sale is included in determining the electrical energy output capacity of the 

affected facility.

Meets 40 CFR 

51.165(a)(1)(xx) and 

51.166(b)(30) 

Approved 12/28/201113 Approved in Texas 

(14) Federally regulated NSR pollutant - * * * Infrastructure SIP 

 13 The new definition of “federally regulated NSR pollutant” as adopted by TCEQ on February 9, 2011 

(submitted March 11, 2011-2), was approved separately December 28, 2011, were approved separately as part of the 

Texas Infrastructure SIP. See section I.C.1 for further information of the Texas Infrastructure SIP. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-14 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-1* Resubmitted 3/11/2011-2* 

(9) Lowest 

achievable emission rate

– For any emitting facility, 

that rate of emissions of a 

contaminant which does 

not exceed the amount 

allowable under applicable 

New Source Performance 

Standards promulgated by 

the EPA under FCAA, 

§111, and which reflects 

the following: 

 (9) Lowest 

achievable emission rate - 

For any emitting facility, 

that rate of emissions of a 

contaminant that which

does not exceed the 

amount allowable under 

applicable new source 

performance standards

New Source Performance 

Standards promulgated by 

the United States 

Environmental Protection 

Agency EPA under 42 

United States Code, §7411 

FCAA, §111, and that

which reflects the 

following: 

(15) (9) Lowest 

achievable emission rate - 

For any emitting facility, 

that rate of emissions of a 

contaminant that does not 

exceed the amount 

allowable under applicable 

new source performance 

standards promulgated by 

the United States 

Environmental Protection 

Agency under 42 United 

States Code, §7411 FCAA, 

§111, and that reflects the 

following: 

No substantive change 

Continues to meet 40 

CFR 51.165(a)(xiii)(A) 

& (B) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(A) the most stringent emission 

limitation which is contained in the rules 

and regulations of any approved SIP for a 

specific class or category of facility, 

unless the owner or operator of the 

proposed facility demonstrates that such 

limitations are not achievable; or 

(A) the most stringent emission 

limitation that which is contained in the 

rules and regulations of any approved SIP 

for a specific class or category of facility, 

unless the owner or operator of the 

proposed facility demonstrates that such 

limitations are not achievable; or 

(B) the most stringent emission 

limitation which is achieved in practice by 

a specific class or category of facilities, 

whichever is more stringent. 

(B) the most stringent emission 

limitation that which is achieved in 

practice by a specific class or category of 

facilities, whichever is more stringent. 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(16) Major facility - Any facility that emits or has the potential to emit 100 tons 

per year or more of a plant-wide applicability (PAL) pollutant in an attainment area; or 

any facility that emits or has the potential to emit the PAL pollutant in an amount that 

is equal to or greater than the major source threshold for the PAL pollutant in Table I of 

this section for nonattainment areas

Meets 40 CFR 

51.165(f)(2)(iv) and 

51.166(w)(2)(iv) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-15 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Approved in Texas 

Approved 12/28/2011 Infrastructure SIP 14

(17) (10) Major facility/stationary source - * * *

(18) (11) Major modification - * * * 

Current SIP Under Review 

Approved 3/20/2009 Resubmitted 3/11/2011-1* 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(12) Necessary 

preconstruction 

approvals or permits – 

Those permits or 

approvals required under 

federal air quality control 

laws and regulations and 

those air quality control 

laws and regulations 

which are part of the 

applicable state 

implementation plan. 

 (12) Necessary 

preconstruction 

approvals or permits – 

Those permits or approvals 

required under federal air 

quality control laws and 

regulations and those air 

quality control laws and 

regulations that which are 

part of the applicable state 

implementation plan. 

(19) (12) Necessary 

preconstruction 

approvals or permits – 

Those permits or approvals 

required under federal air 

quality control laws and 

regulations and those air 

quality control laws and 

regulations that are part of 

the applicable state 

implementation plan. 

Nonsubstantive change 

Continues to meet 40 

CFR 51.165(a)(1)(xvii) 

and 51.166(b)(10) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(13) Net emissions increase – The 

amount by which the sum of the 

following exceeds zero: the total 

increase in actual emissions from a 

particular physical change or change in 

the method of operation at a stationary 

source, plus any sourcewide creditable 

contemporaneous emission increases, 

minus any sourcewide creditable 

contemporaneous emission decreases. 

(20) (13) Net emissions increase – The 

amount by which the sum of the following 

exceeds zero: the project emissions increase

total increase in actual emissions from a 

particular physical change or change in the 

method of operation at a stationary source,

plus any sourcewide creditable 

contemporaneous emission increases, minus 

any sourcewide creditable 

contemporaneous emission decreases. 

Baseline actual emissions shall be used to 

determine emissions increases and 

decreases.

Nonsubstantive change 

Continues to meet 40 

CFR 

51.165(a)(1)(vi)((A) 

and 61.166(b)(3)(i)(a)-

(b)

 14 The revisions to the definitions of “major stationary source” and “major modification” in paragraphs (17) and 

(18), respectively, as adopted by TCEQ on February 9, 2011 (submitted March 11, 2011), were approved separately 

on December 28, 2011, as part of the Texas Infrastructure SIP. See section I.C.1 for further information of the Texas 

Infrastructure SIP. These definitions replaced and revised the former definitions of “major facility/stationary source” 

and “major modification” that were formerly in paragraphs (10) and (11) respectively, which had been approved 

March 20, 2009. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-16 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(A) An increase or decrease in 

actual emissions is creditable only if 

both of the following conditions are 

met: 

(A) An increase or decrease in actual 

emissions is creditable only if both of the 

following conditions are met: 

Meets 40 

51.165(a(1)(vi)(C)(2) 

and 51.166(b)(3)(iii)(b) 

& (3)(iv) 

(i) it occurs during the 

contemporaneous period; and 

(i) it occurs during the 

contemporaneous period; and

(ii) the executive director has 

not relied on it in issuing a 

nonattainment permit for the source 

(under regulations approved during 

which the permit is in effect) when the 

increase in actual emissions from the 

particular change occurs. 

(ii) the executive director has not 

relied on it in issuing a federal new source 

review permit nonattainment permit for the 

source and the permit is in effect when the 

increase in actual emissions from the 

particular change occurs; and.

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(iii) in the case of prevention of significant deterioration review only, an increase or 

decrease in emissions of sulfur dioxide, particulate matter, or nitrogen oxides that 

occurs before the applicable major source baseline date is creditable only if it is 

required to be considered in calculating the amount of maximum allowable increases 

remaining available.

Meets 40 

51.165(a(1)(vi)(C)(2) 

and 51.166(b)(3)(iii)(b) 

& (3)(iv) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(B) An increase in actual 

emissions is creditable only to the extent 

that the new level of actual emissions 

exceeds old level. 

(B) An increase in actual emissions is 

creditable if the result of a physical change 

in, or change in the method of operation of 

a stationary source only to the extent that 

the new level of actual emissions exceeds 

the baseline actual emission rate. Emission 

increases at facilities under a plant-wide 

applicability limit are not creditable old 

level. 

Meets 40 CFR 

51.165(a(1)(vi)(D) and 

51.166(b)(3)(v) 

(C) A decrease in actual 

emissions is creditable only to the extent 

that all of the following conditions are 

met: 

(C) A decrease in actual emissions is 

creditable only to the extent that all of the 

following conditions are met: 

Meets 40 CFR 

51.165(a(1)(vi)(D) and 

51.166(b)(3)(v) 

(i) the old level of actual 

emissions or the old level of allowable 

emissions, whichever is lower, exceeds 

the new level of actual emissions; 

(i) the baseline actual emission rate

old level of actual emissions or the old level 

of allowable emissions, whichever is lower,

exceeds the new level of actual emissions; 

Meets 40 CFR 

51.165(a(1)(vi)(D) and 

51.166(b)(3)(v) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-17 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev Sub 3/11/2011-2 

(ii) it is federally 

enforceable at and after 

the time that actual 

construction on the 

particular change begins; 

(ii) it is federally

enforceable at and after the 

time that actual 

construction on the 

particular change begins; 

(ii) it is federally

enforceable at and after the 

time that actual 

construction on the 

particular change begins; 

Meets 40 CFR 

51.165(a)(1)(vi)(E)(2) 

and 51.166(b)(3)(vi)(b) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(iii) the reviewing authority 

has not relied on it in issuing a 

Prevention of Significant Deterioration 

or a nonattainment permit;, or the state 

has not relied on it in demonstrating 

attainment or reasonable further 

progress; and

(iii) the executive director

reviewing authority has not relied on it in 

issuing a prevention of significant 

deterioration Prevention of Significant 

Deterioration or a nonattainment permit; or 

the state has not relied on the decrease to 

demonstrate attainment or reasonable 

further progress; and

Meets 40 CFR 

51.165(a(1)(vi)(E)(3)15

and 51.166(b)(3)(ii)(b) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(iv) it has approximately the 

same qualitative significance for public 

health and welfare as that attributed to 

the increase from the particular change. 

(iv) the decrease it has 

approximately the same qualitative 

significance for public health and welfare as 

that attributed to the increase from the 

particular change.; and

Nonsubstantive change. 

Continues to meet 40 

CFR 

51.165(a)(1)(vi)(E)(iv) 

and 51.165(b)(iv)(c) 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(v) in the case of nonattainment applicability analysis only, the state has not relied on 

it in demonstrating attainment or reasonable further progress.

Meets 40 CFR 

51.165(a)(1)(vi)(E)(3)16

Current SIP 

Approved 3/20/2009 

(D) An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to emit 

a particular pollutant. Any replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown period, not to exceed 180 days.

No change 

Continues to meet 40 

CFR 

51.165(a)(1)(vi)(F) and 

51.166(b)(3)(vii) 

 15 The second clause of 40 CFR 51.165(a)(1)(vi)(E)(3) provides that a decrease is credible if the reviewing 

authority “has not relied on [the decrease] in demonstrating attainment or reasonable further progress.” TCEQ 

includes this requirement in §116.12(C)(v), below. 

16 The first clause of 40 CFR 51.165(a)(1)(vi)(E)(3) provides that a decrease is credible if the reviewing 

authority “has not relied on [the decrease] in issuing any permit under regulations approved pursuant to 40 CFR part 

51 subpart I or the State ... .” TCEQ includes this requirement in §116.12(C)(iii). 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-18 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(E) At major sources with the 

potential to emit 250 tpy or more of a 

nonattainment pollutant:

(E) At major sources with the 

potential to emit 250 tpy or more of a 

nonattainment pollutant:

The removal of ¶¶(E)-(F) 

meets 40 CFR 

51.165(a)(1)(vi)(B) and 

(i) increases and decreases of 51.166(b)(3)(ii) 

such pollutant resulting from 

authorizations or applications received 

before November 15, 1992, are creditable 

to the extent that the increases or 

decreases occur within the period five 

years prior to the date construction on a 

particular change commences and meet all 

other creditability criteria; and 

(i) increases and decreases of 

such pollutant resulting from 

authorizations or applications received 

before November 15, 1992, are creditable 

to the extent that the increases or 

decreases occur within the period five 

years prior to the date construction on a 

particular change commences and meet all 

other creditability criteria; and

(ii) increases and decreases of 

such pollutant resulting from 

authorizations or applications received on 

or after November 15, 1992, are 

creditable indefinitely to the extent that all 

other creditability criteria are met. 

(ii) increases and decreases of 

such pollutant resulting from 

authorizations or applications received on 

or after November 15, 1992, are 

creditable indefinitely to the extent that all 

other creditability criteria are met.

(F) For all major sources of NOx in 

ozone nonattainment areas, increases and 

decreases of NOx are creditable only if 

they resulted from authorizations or 

applications received on or after 

November 15, 1992. 

(F) For all major sources of NOx in 

ozone nonattainment areas, increases and 

decreases of NOx are creditable only if 

they resulted from authorizations or 

applications received on or after 

November 15, 1992.

The removal of ¶¶(E)-(F) 

meets 40 CFR 

51.165(a)(1)(vi)(B) and 

51.166(b)(3)(ii) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(14) Offset ratio – (21) (14) Offset ratio – 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1*

For the purpose of satisfying the 

emissions offset reduction requirements 

of the FCAA, §173(a)(1)A), emissions 

offset ratio is the ratio of total actual 

reductions of emissions to total allowable 

emissions increases of such pollutants. ... 

Continued on next page 

For the purpose of satisfying the 

emissions offset reduction requirements 

of 42 United States Code, §7503(a)(1)(A), 

the emissions offset ratio is the ratio of 

total actual reductions of emissions to 

total allowable emissions increases of 

such pollutants. ... 

Continued on next page

See Note below17

 17 This is a non-substantive change that meets 40 CFR 51.165(a)(3) and the approved SIP at Chapter 101, 

Subchapter H, Divisions 1 and 4. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-19 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review

Approved 3/20/2009 

Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Continued from previous page 

... The minimum offset ratios are 

included in Table I of this section under 

the definition of major modification. In 

order for a reduction to qualify as an 

offset, it must be certified under Chapter 

101, Subchapter H, Division 1 or 4 of this 

title (relating to Emission Credit Banking 

or Trading; or Discrete Emission Credit 

Banking and Trading, except as provided 

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

Applicability of Emission Reductions as 

Offsets). The reduction must not have 

been relied on in the issuance of a 

previous nonattainment or prevention of 

significant deterioration permit. 

Continued from previous page 

... The minimum offset ratios are 

included in Table I under the definition of 

major modification of this section. In 

order for a reduction to qualify as an 

offset, it must be certified under Chapter 

101, Subchapter H, Division 1 or 4 of this 

title (relating to Emission Credit Banking 

or Trading; or Discrete Emission Credit 

Banking and Trading, except as provided 

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

Applicability of Emission Reductions as 

Offsets). The reduction must not have 

been relied on in the issuance of a 

previous nonattainment or prevention of 

significant deterioration permit. 

Same as comments on 

previous page. 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(22) Plant-wide applicability limit – An emission limitation expressed, in tons 

per year, for a pollutant at a major stationary source, that is enforceable and established 

in a plant-wide applicability limit permit under §116.186 of this title (relating to 

General and Special Conditions).

The revisions submitted 

3/11/2011-2 and the 

TCEQ letter dated 

5/3/2012 ensure that 

this definition meets 

Federal requirements 

See section IV.C.2.ii for 

further information 

Under Review

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2*

Rev proposed 2/22/2012 

Parallel processed w/ EPA proposal

(23) Plant-wide applicability limit 

effective date - The date of issuance of 

the of the plantwide applicability limit 

permit. The plant-wide applicability limit 

effective date for a plant-wide 

applicability limit permit established in an 

existing flexible permit is the date that the 

flexible permit was issued.

(23) Plant-wide applicability limit 

effective date - The date of issuance of 

the of the plantwide applicability limit 

permit. The plant-wide applicability limit 

effective date for a plant-wide 

applicability limit permit established in an 

existing flexible permit is the date that the 

flexible permit was issued.

As proposed 2/22/2012, 

this definition would 

meet 40 CFR 

51.165(f)(2)(vi) and 

51.166(w)(2)(vi). 

Also see section IV.C.2.i 

for further information 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-20 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2*

(24) Plant-wide applicability limit major modification - Any physical change in, 

or change in the method of operation of the plant-wide applicability limit source that 

causes it to emit the plant-wide applicability limit pollutant at a level equal to or greater 

than the plant-wide applicability limit.

Meets 40 CFR 

51.165(f)(2)(viii) and 

51.166(w)(2)(viii) 

(25) Plant-wide applicability limit permit - The new source review permit that 

establishes the plant-wide applicability limit.

Meets 40 CFR 

51.165(f)(2)(ix) and 

51.166(w)(2)(ix) 

(26) Plant-wide applicability limit pollutant - The pollutant for which a plantwide applicability limit is established at a major stationary source.

Meets 40 CFR 

51.165(f)(2)(x) and 

51.166(w)(2)(x) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(15) Potential to emit – (27) (15) Potential to emit – Nonsubstantive change 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1*

The maximum capacity of a 

facility/stationary source to emit a 

pollutant under its physical and 

operational design. Any physical or 

enforceable operational limitation on the 

capacity of the facility/stationary source 

to emit a pollutant, including air pollution 

control equipment and restrictions on 

hours of operation or on the type or 

amount of material combusted, stored, or 

processed, shall be treated as part of its 

design only if the limitation or the effect it 

would have on emissions is federally 

enforceable. Secondary emissions, as 

defined in 40 CFR 51.165(a)(1)(viii), do 

not count in determining the potential to 

emit for a stationary source.

The maximum capacity of a 

facility/stationary source to emit a 

pollutant under its physical and 

operational design. Any physical or 

enforceable operational limitation on the 

capacity of the facility/stationary source 

to emit a pollutant, including air pollution 

control equipment and restrictions on 

hours of operation or on the type or 

amount of material combusted, stored, or 

processed, may shall be treated as part of 

its design only if the limitation or the 

effect it would have on emissions is 

federally enforceable. Secondary 

emissions, as defined in 40 CFR 

51.165(a)(1)(viii), do not count in 

determining the potential to emit for a 

stationary source.

Nonsubstantive change 

Continues to meet 40 

CFR 51.165(a)(1)(iii) 

and 51.166(b)(4) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-21 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(16) Project net – (28) (16) Project net – Nonsubstantive change. 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

The sum of the following: the total 

proposed increase in emissions resulting 

from a physical change or change in the 

method of operation at a stationary 

source, minus any sourcewide creditable 

actual emission decreases proposed at the 

source between the date of application for 

the modification and the date the resultant 

modification begins emitting. Increases 

and decreases must meet the creditability 

criteria listed under paragraph (13) of this 

section. 

The sum of the following: the total 

proposed increase in emissions resulting 

from a physical change or change in the 

method of operation at a stationary 

source, minus any sourcewide creditable 

actual emission decreases proposed at the 

source between the date of application for 

the modification and the date the resultant 

modification begins emitting. Increases 

and decreases must meet the creditability 

criteria listed under the definition of net 

emissions increase in of this section. 

Nonsubstantive change. 

Continues to meet the 

applicability process 

for serious and severe 

ozone nonattainment 

areas discussed at our 

proposed approval at 

65 FR 2560, at 2565-

2566 (January 18, 

2000) an our final 

approval at 65 FR 

43986, at 43990 (July 

17, 2000) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-22 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Re vision submitted 3/11/2011-2 

(29) Projected actual emissions -

The maximum annual rate, in tons per 

year, at which an existing facility is 

projected to emit a federally regulated 

new source review pollutant in any 

rolling 12 month period during the five 

years following the date the facility 

resumes regular operation after the 

project, or in any one of the ten years 

following that date, if the project 

involves increasing the facility's design 

capacity or its potential to emit that 

federally regulated new source review 

pollutant. In determining the projected 

actual emissions, the owner or operator 

of the major stationary source shall 

include fugitive emissions to the extent 

quantifiable and shall consider all 

relevant information, including but not 

limited to, historical operational data, 

the company's own representations, the 

company's expected business activity 

and the company's highest projections 

of business activity, the company's

filings with the state or federal 

regulatory authorities, and compliance 

plans under the approved state 

implementation plan.

(29) Projected actual emissions--The 

maximum annual rate, in tons per year, at 

which an existing facility is projected to 

emit a federally regulated new source 

review pollutant in any rolling 12-month 

period during the five years following the 

date the facility resumes regular operation 

after the project, or in any one of the ten 

years following that date, if the project 

involves increasing the facility's design 

capacity or its potential to emit that 

federally regulated new source review 

pollutant. In determining the projected 

actual emissions, the owner or operator of 

the major stationary source shall include 

unauthorized emissions from planned 

maintenance, startup, or shutdown 

activities, which were historically 

unauthorized and subject to reporting under 

Chapter 101 of this title, to the extent they 

have been authorized, or are being 

authorized; and fugitive emissions to the 

extent quantifiable; and shall consider all 

relevant information, including, but not 

limited to, historical operational data, the 

company's own representations, the 

company's expected business activity and 

the company's highest projections of 

business activity, the company's filings with 

the state or federal regulatory authorities, 

and compliance plans under the approved 

state implementation plan. 

Relates to grounds for the 

9/15/2010 disapproval 

The revisions submitted 

3/11/2011-2 meet the 

Federal requirements 

concerning emissions 

from maintenance, 

startups, and shutdowns 

at 40 CFR 

51.165(a)(1)(xxxv)(A)(

1) & (B)(1) and 

51.166(b)(47)(i)(a) & 

(ii)(a) 

See section IV.D.1.ii for 

further information 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-23 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(30) Project emissions increase - the sum of emissions increases for each 

modified or affected facility determined using the following methods:

(A) For existing facilities, the difference between the projected actual emissions 

and the baseline actual emissions. In calculating any increase in emissions that results 

from the project, that portion of the facility's emissions following the project that the 

facility could have accommodated during the consecutive 24-month period used to 

establish the baseline actual emissions and that are also unrelated to the particular 

project, including any increased utilization due to product demand growth may be 

excluded from the project emission increase. The potential to emit from the facility 

following completion of the project may be used in lieu of the projected actual 

emission rate.

First sentence meets 40 

CFR 

51.165(a)(2)(ii)(C) and 

51.166(a)(7)(iv)(c) 

Second and third sentences 

meet 40 CFR 

51.165(a)(1)(xxviii)(B)

(3)-(4) and 

51.166(b)(40)(ii)(c)-(d) 

(B) For new facilities, the difference between the potential to emit from the 

facility following completion of the project and the baseline actual emissions.

Meets 40 CFR 

51.165(a)(2)(ii)(D) and 

51.166(a)(7)(iv)(d) 

(31) Replacement facility - A facility that satisfies the following criteria: Meets 40 CFR 

51.165(a)(1)(xxi) and 

51.166(b)(32)18 19

Meets 40 CFR 

51.165(a)(1)(vii)(B) 

and 51.166(b)(7)(ii) 

(A) the facility is a reconstructed unit within the meaning of 40 Code of Federal 

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

(B) the facility is identical to or functionally equivalent to the replaced facility;

(C) the replacement does not alter the basic design parameters of the process 

unit;

(D) the replaced facility is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operation by a 

permit condition that is enforceable. If the replaced facility is brought back into 

operation, it shall constitute a new facility. No creditable emission reductions shall be 

generated from shutting down the existing facility that is replaced. The replacement 

facility is considered an existing facility for the purpose of determining federal new 

source review applicability.

 18 The requirements of the last sentence of the Federal rule is addressed in §116.12(31)(D) - 3rd sentence. 

19 See discussion in the NOTE under the definition of “basic design parameters” at §116.12(4) for further 

discussion of the basis for using the term “basic design parameters” as referenced in §116.12(31)(C).
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-24 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(17) Secondary emissions – (32) (17) Secondary emissions – Nonsubstantive change 

Current SIP Under Review

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Emissions which would occur as a 

result of the construction or operation of a 

major stationary source or major 

modification, but do not come from the 

source or modification itself. Secondary 

emissions must be specific, well defined, 

quantifiable, and impact the same general 

area as the stationary source or 

modification which causes the secondary 

emissions. Secondary emissions include 

emissions from any off-site support 

facility which would not be constructed or 

increase its emissions, except as a result 

of the construction or operation of the 

major stationary source or major 

modification. Secondary emissions do 

not include any emissions which come 

directly from a mobile source such as 

emissions from the tail pipe of a motor 

vehicle, from a train, or from a vessel. 

Emissions that which would occur as 

a result of the construction or operation of 

a major stationary source or major 

modification, but do not come from the 

source or modification itself. Secondary 

emissions must be specific, well defined, 

quantifiable, and impact the same general 

area as the stationary source or 

modification that which causes the 

secondary emissions. Secondary 

emissions include emissions from any offsite support facility that which would not 

be constructed or increase its emissions, 

except as a result of the construction or 

operation of the major stationary source 

or major modification. Secondary 

emissions do not include any emissions 

that which come directly from a mobile 

source such as emissions from the tail 

pipe of a motor vehicle, from a train, or 

from a vessel. 

Nonsubstantive change 

Continues to meet 40 

CFR 51.165(a)(1)(viii) 

and 51.166(b)(18) 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(33) Significant facility - A facility that emits or has the potential to emit a plantwide applicability limit (PAL) pollutant that is equal to or greater than the significant 

level for that PAL pollutant.

Meets 40 CFR 

51.165(f)(2)(xi) and 

CFR 51.166(w)(2)(xi) 

(34) Small facility - A facility that emits or has the potential to emit a plant-wide 

applicability limit (PAL) pollutant in an amount less than the significant level for that 

PAL pollutant.

Meets 40 CFR 

51.165(f)(2)(iii) and 

CFR 51.166(w)(2)(iii) 

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(18) Stationary 

source – Any building, 

structure, facility, or 

installation which emits 

or may emit any air 

pollutant subject to 

regulation under the 

FCAA. 

(18) Stationary source 

– Any building, structure, 

facility, or installation that 

which emits or may emit 

any air pollutant subject to 

regulation under 42 United 

States Code, §§7401 et seq

the FCCA. 

(35) (18) Stationary 

source – Any building, 

structure, facility, or 

installation that which emits 

or may emit any air 

pollutant subject to 

regulation under 42 United 

States Code, §§7401 et seq. 

Nonsubstantive change 

Continues to meet 40 

CFR 51.165(s)(1)(i) 

and 51.166(b)(5) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-25 

Annotation of Submitted Revisions to §116.12 Comments 

Under Review 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011 (NSR Reform) w/o further change 

(36) Temporary clean coal technology demonstration project - a clean coal 

technology demonstration project that is operated for a period of five years or less, and 

that complies with the state implementation plan and other requirements necessary to 

attain and maintain the national ambient air quality standards during the project and 

after it is terminated.

Meets 40 CFR 

51.165(a)(1)(xxii) and 

51.166(b)(35) 

 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter A – Definitions 

§116.12 

Page 116.12-26 

[This page is intentionally left blank]
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 1 – Permit Application 

§§116.115 and 116.127 

Page 116.115-1 

Evaluation of Revisions to 30 TAC 116.115 – General and Special Conditions 

I. Background of 30 TAC 116.115 

A. Current SIP. This section is currently SIP-approved. The current SIP was 

approved April 2, 2010, 75 FR 16671; effective June 1, 2010; as adopted by 

TCEQ August 20, 2003; effective September 14, 2003.

B. Submitted SIP Revisions to 30 TA C 116.115 Reviewed in this Action. March 11, 

2011-2. Texas submitted a revision to 30 TAC 116.115(b)(2)(F), adopted 

February 9, 2011; effective March 3, 2011. 

II. Evaluation Matrix of 30 TAC 116.115 

Annotation of Submitted Revisions to §116.115 Comments 

Current SIP No change 

Approved 4/2/2010 

§116.115. General and Special Conditions.

* * * * * * * 

(b) General conditions. Holders of permits, special permits, standard permits, and 

special exemptions shall comply with the following:

 No change 

* * * * * * * 

(2) the following general conditions if the permit or amendment is issued or 

amended on or after August 16, 1994, regardless of whether they are specifically 

stated within the permit document.

 No change

* * * * * * * 

Current SIP Under Review 

Approved 4/2/2010 Rev submitted 3/11/2011-21

(F) Maximum allowable emission 

rates. The total emissions of air 

contaminants from any of the sources of 

emissions must not exceed the values 

stated on the table attached to the permit 

entitled “Emission Sources--Maximum 

Allowable Emission Rates.”

(F) Maximum allowable emission 

rates. The total emissions of air 

contaminants from any of the sources of 

emissions must not exceed the values 

stated on the table attached to the permit 

entitled “Emission Sources--Maximum 

Allowable Emission Rates.” Emissions 

rates that exceed the maximum allowable 

emission rates are not authorized and are 

a violation of the permit.

Meets §110(2)(A) and 

(C) of CAA 

Meets 40 CFR 51.160(a) 

and 51.230(b) 

* * * * * * * 

 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 1 – Permit Application 

§§116.115 and 116.127 

Page 116.115-2 

[This page is intentionally left blank] 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 1 – Permit Application 

§§116.115 and 116.127 

Page 116.127-1 

Evaluation of Revisions to 30 TAC 116.127 – Actual to Projected Actual Test for Emission 

Increase 

I. Background of 30 TAC 116.127 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted 30 TAC 116.127 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011, under Rule Project No. 

2010-008-116-PR. Texas initially submitted this as a new 30 TAC 

116.121 adopted January 11, 2006; effective February 2, 2006. EPA 

disapproved 30 TAC 116.121, submitted February 1, 2006, on September 

15, 2010 (75 FR 56424), effective October 15, 2010. This submittal of 

§116.121 was disapproved on September 15, 2010 (75 FR 56424).

2. March 11, 2011 (NSR Reform). On March 11, 2011-2, TCEQ submitted 

revisions (adopted February 9, 2011); effective March 3, 2011; under Rule 

Project No. 2008-030-116-PR. This SIP revision included revisions to the 

following: 

a) Resubmittal of 30 TAC 116.121 that was disapproved by EPA on 

September 15, 2010; 

b) Repeal of 30 TAC 116.121 and readoption as new 30 TAC 

116.127, without other changes to the previously submitted rule 

language. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 1 – Permit Application 

§§116.115 and 116.127 

Page 116.127-2 

II. Evaluation Matrix of 30 TAC 116.127 

Annotation of Submitted Revisions to §116.127 Comments 

Under Review

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 1

Repeal submitted and resubmitted as 

§116.127 on 3/11/2011-2 

§116.121. Actual to Projected Actual 

Test for Emissions Increases.

§116.127. §116.121. Actual to 

Projected Actual Test for Emissions 

Increases. 

Replaced w/ new 

§116.1272

Under Review

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2; Repeal submitted and 

resubmitted as §116.127 on 3/11/2011-2* 

(a) If projected actual emissions are used or emissions are excluded from the 

emission increase resulting from the project, the owner or operator shall document 

and maintain a record of the following information before beginning construction, and 

this information will be provided as part of the notification, certification, registration, 

or application submitted to the executive director to claim or apply for state new 

source review authorization for the project. If the emissions unit is an existing electric 

utility steam generating unit, the owner or operator shall provide a copy of this 

information to the executive director before beginning actual construction:

Meets 40 CFR 

51.165(a)(6)(i)-(ii) and 

51.166(r)(6)(i)-(ii)3

(1) a description of the project;

(2) identification of the facilities whose emissions of a federally regulated new 

source review pollutant could be affected by the project; and

(3) a description of the applicability test used to determine that the project is not a 

major modification for any pollutant, including the baseline actual emissions, the 

projected actual emissions, the amount of emissions excluded from the project 

emissions increase and an explanation for why such amount was excluded, and any 

netting calculations, if applicable.

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 

2

 The only change was the redesignation from §116.121 to §116.127. There were no changes to the regulatory 

language. 

3

 The Federal rules require these records for projects for which a reasonable possibility exists that the project 

which is not a part of a major modification may result in a significant increase in emissions of a regulated NSR 

pollutant when the owner or operator elects to determine the emissions increase as the change from baseline actual 

emissions to projected actual emissions. In contrast, Texas’s rule requires these types of records for all such projects 

without regard to such reasonable possibility. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 1 – Permit Application 

§§116.115 and 116.127 

Page 116.127-3 

Annotation of Submitted Revisions to §116.127 Comments 

Under Review

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2; Repeal submitted and 

resubmitted as §116.127 on 3/11/2011-2*

(b) If projected actual emissions are used to determine the project emission increase 

at a facility, the owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project at that facility and calculate and 

maintain a record of the annual emissions from that facility, in tons per year on a 

calendar year basis, for:

Meets 40 CFR 

51.165(a)(6)(iii) and 

51.166(r)(6)(iii) 

(1) a period of five years following resumption of regular operations after the 

change; or

(2) a period of ten years following resumption of regular operations after the 

change if the project increases the design capacity or potential to emit of that 

regulated new source review pollutant at that facility.

(c) If the facility is an electric utility steam generating unit, the owner or operator 

shall submit a report to the executive director within 60 days after the end of each 

year during which records must be maintained setting out the unit's annual emissions 

during the calendar year that preceded submission of the report.

Meets 40 CFR 

51.165(a)(6)(iv) and 

51.166(r)(6)(iv) 

(d) If the facility is not an electric utility steam generating unit, the owner or 

operator shall submit a report to the executive director if the annual emissions from 

the project exceed the baseline actual emissions by a significant amount for that 

pollutant, and the emissions exceed the preconstruction projection for any facility. 

The report shall be submitted to the executive director within 60 days after the end of 

such year. The report shall contain:

Meets 40 CFR 

51.165(a)(6)(v) and 

51.166(r)(6)(v) 

(1) the name, address and telephone number of the major stationary source; and

(2) the calculated actual annual emissions.

(e) The owner or operator of the facility shall make the required information 

maintained to document projected actual emissions and any emissions excluded from 

the project emission increase available for review upon request for inspection by the 

executive director, local air pollution control program, and the general public.

Meets 40 CFR 

51.165(a)(7) and 

51.166(r)(6)(v) 

 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 1 – Permit Application 

§§116.115 and 116.127 

Page 116.127-4 

[This page is intentionally left blank] 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-1 

Evaluation of Revisions to 30 TAC 116.150 – New Major Source or Major Modification in 

Ozone Nonattainment Areas 

I. Background of 30 TAC 116.150 

A. Current SIP. This section is currently SIP-approved. The current SIP was 

approved March 20, 2009, 74 FR 11851; effective May 19, 2009; as adopted by 

TCEQ August 20, 2003; effective September 14, 2003. 

B. Submitted SIP Revisions to 30 TAC 116.150 Reviewed in this Action

1. June 10, 2005, and resubmitted March 11, 2011, under Rule Project No. 

2008-030-116-PR. On June 10, 2005, Texas submitted revisions (adopted 

May 25, 2005; effective June 15, 2005. This SIP revision included 

revisions to the following: 

a) Revised and reorganized subsection (a) as new subsections (a)-(e) 

b) Relettered subsection (b) to subsection (f) and revised. 

The SIP revisions to §116.150 submitted June 15, 2005, were disapproved 

on September 15, 2010 (75 FR 56424). 

2. February 1, 2006, and resubmitted March 3, 2011, under Rule Project No. 

2010-008-116-PR. On February 1, 2006, TCEQ submitted revisions 

(adopted January 11, 2006; effective February 1, 2006. This SIP revision 

included revisions to subsections (a)-(d). The SIP revisions to §116.150 

submitted February 1, 2006, were disapproved on September 15, 2010 (75 

FR 56424). 

3. March 11, 2011 (eight-hour ozone). On March 11, 2011, TCEQ submitted 

revisions (adopted February 9, 2011); effective March 3, 2011; under Rule 

Project No. 2012-015-116-AI. This SIP revision included revisions to the 

following: 

a) Revisions to and reorganization of subsection (a); 

b) Revisions to subsections (b)-(c); 

c) Removal of subsection (d) and re-lettering of subsections (e) and 

(f) to subsections (d) and (e); and 

d) Revisions to subsections (d) and (e), as relettered. 

e) Resubmittal of revisions previously submitted June 10, 2005, and 

February 1, 2006. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-2 

4. Revisions proposed February 22, 2012. TCEQ proposed a revision to 

paragraphs (a), (d)(1), and (d)(3). EPA will parallel process these 

revisions. 

II. Evaluation Matrix of 30 TAC 116.150 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP 

Approved 3/20/2009 

§116.150. New Major Source or Major Modification in Ozone Nonattainment Areas. No Change 

Current SIP Under Review 

Approved 

3/20/2009 

Rev submitted 

6/10/2005 

Resubmitted 

3/11/2011-11 

Rev submitted 

2/1/2006 

Resubmitted 

3/11/2011-22

Rev submitted 

3/11/2011-1 

Rev proposed 

2/22/2012 

Parallel 

processed w/ 

EPA 

proposal 

(a) This section 

applies to 

administratively 

complete 

applications 

submitted on or 

after November 

15, 1992 for new 

construction or 

modification of 

facilities located 

in any area 

designated as 

nonattainment for 

ozone in 

accordance with 

the FCAA, §107. 

...

(a) This section 

applies to all new 

source review 

authorizations 

that are 

administratively 

complete after 

June 15, 2004,

applications 

submitted on or 

after November 

15, 1992 for new 

construction or 

modification of 

facilities located 

in any area 

designated as 

nonattainment for 

ozone in 

accordance with 

42 United States 

Code (USC), 

§7407. the 

FCAA, §107.

(a) This section 

applies to all new 

source review 

authorizations 

that are 

administratively 

complete after 

June 15, 2004, for 

new construction 

or modification of 

facilities as 

follows: located 

in any area 

designated as 

nonattainment for 

ozone in 

accordance with 

42 United States 

Code (USC), 

§7407.

(a) This section 

applies to all new 

source review 

authorizations for 

new construction 

or modification of 

facilities that will 

be located in any 

area designated as 

nonattainment for 

ozone under 42 

United States 

Code (USC), 

§§7407 et seq. as 

of the date of 

issuance of the 

permit, unless the 

following apply 

on the date of 

issuance of the 

permit: as 

follows:

(a) This section 

applies to all new 

source review 

authorizations for 

new construction 

or modification of 

facilities or 

emissions units

that will be 

located in any 

area designated as 

nonattainment for 

ozone under 42 

United States 

Code (USC), 

§§7407 et seq. as 

of the date of 

issuance of the 

permit, unless the 

following apply 

on the date of 

issuance of the 

permit:

Relates to grounds 

for the 9/15/2010 

disapproval 

The revisions submitted 

3/11/2011-2 and the 

revisions proposed 

2/22/2012, address 

these grounds for 

disapproval 

See discussion in 

sections IV.A.1.i and 

IV.B.1.i for further 

information 

 1

 In this chart, 3/11/2011-1 refers to Rule Project No. 2008-030-116-PR, relating to One Hour Ozone Major 

Source Thresholds and Emission Offsets, submitted March 11, 2011. An asterisk (*) indicates that the provision was 

a resubmittal of the same provisions previously submitted on June 10, 2005, without change. 

2

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-3 

Annotation of Submitted Revisions to §116.150 Comments 

Under Review 

Revision submitted 3/11/2011-1 

(1) the United States Environmental Protection Agency (EPA) has made a finding of 

attainment; 

Revision is 

approvable. 

See discussion in 

section IV.A for 

further 

information. 

(2) the EPA has approved the removal of nonattainment New Source Review 

requirements from the area;

(3) the EPA has determined that Prevention of Significant Deterioration requirements 

apply in the area: or

(4) the EPA determines that nonattainment NSR is no longer required for purposes of 

antibacksliding.

Under Review 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-1 

Revision submitted 3/11/2011-1 

(1) for all applications for facilities that 

will be located in any area designated as 

nonattainment for ozone under 42 United 

States Code (USC), §7407, et seq. on the 

effective date of this section, the issuance 

date of the authorization; and

(1) for all applications for facilities that 

will be located in any area designated as 

nonattainment for ozone under 42 United 

States Code (USC), §7407, et seq. on the 

effective date of this section, the issuance 

date of the authorization; and

Relates to grounds 

for the 9/15/2010 

disapproval 

The removal of these 

paragraphs 

addressed the 

grounds for 

disapproval 

See discussion in 

sections IV.A.1.i and 

IV.B.1.i for further 

information 

(2) for all applications for facilities that 

will be located in counties for which 

nonattainment designation for ozone under 

42 USC, §§7407, et seq. becomes effective 

after the effective date of this section, the 

date the application is administratively 

complete.

(2) for all applications for facilities that 

will be located in counties for which 

nonattainment designation for ozone under 

42 USC, §§7407, et seq. becomes effective 

after the effective date of this section, the 

date the application is administratively 

complete.
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-4 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revn submitted 

6/10/2005 

Resubmitted 

3/11/2011-1 

Rev submitted 

2/1/2006 

Resubmitted 

3/11/2011-1 

Revision submitted 

3/11/2011-1 

... The owner or 

operator of a 

proposed new or 

modified facility 

which will be a new 

major stationary 

source of volatile 

organic compound 

(VOC) emissions or 

nitrogen oxides 

(NOx) emissions, or 

the owner or 

operator of an 

existing major 

stationary source of 

VOC or NOx

emissions that will 

undergo a major 

modification with 

respect to VOC or 

NOx, shall meet the 

requirements of 

paragraphs (1) - (4) 

of this subsection, ... 

Continued on next 

page 

(b) The owner or 

operator of a 

proposed new or 

modified facility that

which will be a new 

major stationary 

source of volatile 

organic compound 

(VOC) emissions or 

nitrogen oxides 

(NOx) emissions, or 

the owner or 

operator of an 

existing major 

stationary source of 

VOC or NOx

emissions that will 

undergo a major 

modification with 

respect to VOC or 

NOx, shall meet the 

requirements of 

subsection (e)(1)-(4)

paragraphs (1) - (4)

of this section

subsection, ... 

Continued on next 

page

(b) The owner or 

operator of a 

proposed new 

major stationary 

source, as defined 

in §116.12 of this 

title (relating to 

Nonattainment and 

Prevention of 

Significant 

Deterioration 

Review 

Definitions) or 

modified facility 

that will be a new 

major stationary 

source of volatile 

organic compound 

(VOC) emissions 

of nitrogen oxides 

(NOx) emissions, 

or the owner or 

operator of an 

existing major 

stationary source 

of VOC or NOx

emissions that will 

undergo a major 

modification, as 

defined in §116.12 

of this title with 

respect to VOC or 

NOx, shall meet 

the requirements 

of subsection 

(e)(1)-(4) of this 

section, ... 

Continued on next 

page

(b) The owner or 

operator of a 

proposed new major 

stationary source, as 

defined in §116.12 of 

this title (relating to 

Nonattainment and 

Prevention of 

Significant 

Deterioration Review 

Definitions) of 

volatile organic 

compound (VOC) 

emissions of nitrogen 

oxides (NOx) 

emissions, or the 

owner or operator of 

an existing stationary 

source of VOC or 

NOx emissions that 

will undergo a major 

modification, as 

defined in §116.12 of 

this title with respect 

to VOC or NOx, shall 

meet the requirements 

of subsection (d)(1) -

(4) (e)(1)-(4) of this 

section, ... 

Continued on next 

page

Non-substantive 

change 

Reformatted from 

¶(a) and 

redesignated to 

new ¶(b) 

Meets 40 CFR 

51.165(a)(2) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-5 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revn submitted 

6/10/2005 

Resubmitted 

3/11/2011-1 

Rev submitted 

2/1/2006 

Resubmitted 

3/11/2011-1 

Revision submitted 

3/11/2011-1 

Continued from 

previous page 

... except as 

provided in 

subsections (b) and 

(c) of this section. 

Table I of §116.12 of 

this title (relating to 

Nonattainment 

Review Definitions) 

specifies the various 

classifications of 

nonattainment along 

with the associated 

emission levels 

which designate a 

major stationary 

source or major 

modification for 

those classifications. 

...

Continued from 

previous page

... except as 

provided in 

subsection (f)

subsections (b) and 

(c) of this section. 

Table I located in the 

definition of of 

major modification 

in of §116.12 of this 

title (relating to 

Nonattainment 

Review Definitions)

specifies the various 

classifications of 

nonattainment along 

with the associated 

emission levels that

which designate a 

major stationary 

source or major 

modification for 

those classifications.

Continued from 

previous page

... except as 

provided in 

subsection (f) of 

this section. Table 

I located in the 

definition of major 

modification in 

§116.12 of this 

title specifies the 

various 

classifications of 

nonattainment 

along with the 

associated 

emission levels 

that designate a 

major stationary 

source and 

significant level or 

major modification 

for those 

classifications.

Continued from 

previous page

... except as 

provided in 

subsection (e) (f) of 

this section. Table I, 

located in the 

definition of major 

modification in 

§116.12 of this title, 

specifies the various 

classifications of 

nonattainment along 

with the associated 

emission levels that 

designate a major 

stationary source and 

significant level for 

those classifications. 

Non-substantive 

change 

Reformatted from 

¶(a) and 

redesignated to 

new ¶(b) 

Meets 40 CFR 

51.165(a)(2) 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

... Except as noted in subsection (b) of this 

section regarding NOx, the threshold test 

(netting) shall be required for all 

modifications to existing major sources of 

VOC or NOx, unless at least one of the 

following conditions are met: ...

(c) Except as noted in subsection (f) (b)

of this section regarding NOx, the de 

minimis de minimis threshold test (netting) 

is shall be required for all modifications to 

existing major sources of VOC or NOx, 

unless at least one of the following 

conditions are met:

Non-substantive 

Reformatted from 

¶(a) and 

designated new 

¶(c) 

Meets 40 CFR 

51.165(a)(8) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-6 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 2/1/2006 

Resubmitted 3/11/2011-1 

... the proposed emissions increases 

associated with a project, without regard to 

decreases, is less than five tons per year of 

the individual nonattainment pollutant;

(1) the proposed emissions increases 

associated with a project, without regard to 

decreases, is less than five tons per year of 

the individual nonattainment pollutant in 

areas classified under the Federal Clean Air 

Act (FCAA), Title I, Part D, Subpart 2 (42 

USC, §7511) classified as Serious or 

Severe;

Continues to meet 

applicable Federal 

requirements3

Under Review 

Revision submitted 6/10/2005 

Resubmitted 3/11/2011-1 

Revision submitted 2/1/2006 

Rev submitted 3/11/2011-1 

(2) The proposed emissions increases 

associated with a project, without regard to 

decreases, is less than 40 tons per year of the 

individual nonattainment pollutant in areas 

classified under FCAA, Title I, Part D, 

Subpart 1 (42 USC, §7502) and for those 

classified under FCAA, Title I, Part D, 

Subpart 2 (42 USC, §7511) classified as 

Marginal or Moderate; or,

(2) the proposed emissions increases 

associated with a project, without regard to 

decreases, is less than 40 tpy of the 

individual nonattainment pollutant in areas 

classified under the Federal Clean Air Act 

(FCAA),Title I, Part D, Subpart 1 (42 USC, 

§7502) and for those under FCAA, Title I, 

Part D, Subpart 1 (42 USC, §7502) and for 

those classified under FCAA, Title I, Part 

D, Subpart 2 (42 USC, §7511) classified as 

Marginal or Moderate; or

Reformatted from 

¶(a) and 

designated new 

¶(c)(2) 

Meets 40 CFR 

51.165(a)(2)(ii)(A) 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 

6/10/2005 

Resubmitted 3/11/2011-1* 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011-1* 

... the project emissions 

increases coupled with 

project actual emissions 

decreases for the same 

pollutant, summed as the 

project net, are less than or 

equal to zero tons per year.

(3) the project 

emissions increases 

coupled with project actual 

emissions decreases for the 

same pollutant, summed as 

the project net, are less than 

or equal to zero tons per 

year.

(3) project emissions 

increases are less than the 

significant level stated in 

Table I located in the 

definition of major 

modification in §116.12 of 

this title and when coupled 

with project actual emissions 

decreases for the same 

pollutant, summed as the 

project net, are less than or 

equal to zero tons per year.

Reformatted from 

¶(a) and 

designated new 

¶(c)(3) 

Meets 40 CFR 

51.165(a)(2)-

(ii)(A) 

 3

 The submitted revisions to 30 TAC 116.150(c)(1) are non-substantive. In these submittals, a portion of 

existing Subsection (a) was reformatted and designated to Paragraph (c)(1). This provision continues to meet the 

requirements of section 182(c)(6) of the CAA consistent with the proposed approval at 65 FR 2560, at 2656-2566 

(1/18/2000) and final approval at 65 FR 43986, at 43890 (7/17/2000).
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-7 

Annotation of Submitted Revisions to §116.150 Comments 

Under Review 

Revision submitted 6/10/2005 

Resubmitted 3/11/2011-1 

Resubmitted 3/11/2011-1 

(d) For the Houston-Galveston-Brazoria, 

Dallas-Fort Worth, and Beaumont-Port 

Arthur eight hour ozone nonattainment areas, 

if the United States Environmental 

Protection Agency promulgates rules 

requiring new source review permit 

applications in these areas to be evaluated 

for nonattainment new source review 

according to that area’s one-hour standard 

classification, except as noted in subsection 

(b) of this section regarding NOx, the de 

minimis threshold test (netting) is required 

for all modifications to existing major 

sources of VOC or NOx in that area unless at 

least one of the following conditions is met:

(d) For the Houston-Galveston-Brazoria, 

Dallas-Fort Worth, and Beaumont-Port 

Arthur eight hour ozone nonattainment 

areas, if the United States Environmental 

Protection Agency promulgates rules 

requiring new source review permit 

applications in these areas to be evaluated 

for nonattainment new source review 

according to that area’s one-hour standard 

classification, except as noted in subsection 

(b) of this section regarding NOx, the de 

minimis threshold test (netting) is required 

for all modifications to existing major 

sources of VOC or NOx in that area unless 

at least one of the following conditions is 

met:

Relates to grounds 

for the 9/15/2010 

disapproval 

TCEQ removed 

subsection (d) 

Removal of 

subsection (d) is 

consistent with 

12/22/2006 DC 

Circuit Decision 

and addresses the 

grounds for 

disapproval4

The submitted 

changes address 

our 9/15/2010 

disapproval 

See discussion in 

section IV.A.1.i 

for further 

information 

(1) the proposed emissions increases 

associated with a project, without regard to 

decreases, is less than five tons per year of 

the individual nonattainment pollutant; or

(1) the proposed emissions increases 

associated with a project, without regard to 

decreases, is less than five tons per year of 

the individual nonattainment pollutant; or

Under Review 

Revision submitted 

6/10/2005 

Resubmitted 3/11/2011- 

Revision submitted 

2/1/2006 

Revision submitted 

3/11/2011-1 

(2) the project emissions 

increases coupled with 

project actual emissions 

decreases for the same 

pollutant, summed as the 

project net, are less than or 

equal to zero tpy.

(2) the project emissions 

increases are less than the 

significant level stated in 

Table I located in the 

definition of major 

modification in §116.12 of 

this title and when coupled 

with project actual 

emissions decreases for the 

same pollutant, summed as 

the project net, are less than 

or equal to zero tpy.

(2) the project emissions 

increases are less than the 

significant level stated in 

Table I located in the 

definition of major 

modification in §116.12 of 

this title and when coupled 

with project actual emissions 

decreases for the same 

pollutant, summed as the 

project net, are less than or 

equal to zero tpy.

 4 South Coast Air Quality Management District, et al, v. EPA, 472 F.3d 882 (DC Cir 2006), reh’g denied 489 

F.3d 1245 (2007) (clarifying that the vacatur was limited to the issues on which the court granted the petitions for 

review.) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-8 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 

6/10/2005 

Resubmitted 3/11/2011-1 

Revision submitted 

3/11/2011-1 

In applying the de minimis 

test, if the net emissions 

increases, aggregated over 

the contemporaneous period, 

are greater than the major 

modification levels in Table 

I located in the definition of 

major modification in 

§116.12 of this title, then the 

following requirements 

apply.

(e) In applying the de 

minimis de minimis test, if 

the net emissions increases, 

aggregated over the 

contemporaneous period, 

are greater than the major 

modification levels in Table 

I located in the definition of 

major modification in 

§116.12 of this title, then 

the following requirements 

apply. 

(d) (e) In applying the de 

minimis threshold test, if the 

net emissions increases are 

greater than the significant 

levels stated in Table I 

located in the definition of 

major modification in 

§116.12 of this title, the 

following requirements 

apply. 

Non-substantive 

Continues to meet 40 

CFR 51.165(a)(2)-

(ii)(A)-(D) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-9 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 

6/10/2005 

Resubmitted 3/11/2011-1* 

Rev proposed 2/22/2012 

Parallel processed w/ EPA 

proposal 

(1) The proposed 

facility shall comply with 

the lowest achievable 

emission rate (LAER) as 

defined in §116.12 of this 

title for the nonattainment 

pollutants for which the 

facility is a new major 

source or modification 

except as provided in 

paragraph (3)(B) of this 

subsection and except for 

existing major stationary 

sources that have a potential 

to emit (PTE) less than 100 

tpy of the applicable 

pollutant. For these sources, 

best available control 

technology (BACT) can be 

substituted for LAER. 

LAER shall otherwise be 

applied for each new 

emission unit and to each 

existing emission unit at 

which the net emissions 

increase will occur as the 

result of a physical change 

or change in method of 

operation of the unit.

(1) The proposed 

facility shall comply with 

the lowest achievable 

emission rate (LAER) as 

defined in §116.12 of this 

title for the nonattainment 

pollutants for which the 

facility is a new major 

source or modification 

except as provided in 

paragraph (3)(B) of this 

subsection and except for 

existing major stationary 

sources that have a potential 

to emit (PTE) less than 100 

tpy of the applicable 

pollutant. For these sources, 

best available control 

technology (BACT) can be 

substituted for LAER. 

LAER shall otherwise be 

applied for each new facility

emission unit and to each 

existing facility emission 

unit at which the net 

emissions increase will 

occur as the result of a 

physical change or change in 

method of operation of the 

unit.

(1) The proposed 

facility or emissions unit

shall comply with the lowest 

achievable emission rate 

(LAER) as defined in 

§116.12 of this title for the 

nonattainment pollutants for 

which the facility or 

emissions unit is a new 

major source or 

modification except as 

provided in paragraph (3)(B) 

of this subsection and except 

for existing major stationary 

sources that have a potential 

to emit (PTE) less than 100 

tpy of the applicable 

pollutant. For these sources, 

best available control 

technology (BACT) can be 

substituted for LAER. 

LAER shall otherwise be 

applied for each new facility 

or emissions unit and to 

each existing facility or 

emissions unit at which the 

net emissions increase will 

occur as the result of a 

physical change or change in 

method of operation of the 

unit.

Relates to grounds 

for the 9/15/2010 

disapproval 

The revisions 

proposed 

2/22/2012, would 

address this 

ground for 

disapproval 

This provision 

otherwise 

continues to meet 

the requirements 

of §173(a)(2) and 

§182(c)(7) of the 

Act 

See section IV.D.1.i 

for further 

information 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(2) All major stationary sources owned 

or operated by the applicant (or by any 

person controlling, controlled by, or under 

common control with the applicant) in the 

state shall be in compliance or on a schedule 

for compliance with all applicable state and 

federal emission limitations and standards.

(2) All major stationary sources owned 

or operated by the applicant (or by any 

person controlling, controlled by, or under 

common control with the applicant) in the 

state must shall be in compliance or on a 

schedule for compliance with all applicable 

state and federal emission limitations and 

standards.

Changes are nonsubstantive 

Continues to meet 

§173(a)(3) of the 

Act 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-10 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 

6/10/2005 

Resubmitted 3/11/2011-1* 

Rev proposed 2/22/2012 

Parallel processed w/ EPA 

proposal 

(3) At the time the new 

or modified facility or 

facilities commence 

operation, the emissions 

increases from the new or 

modified facility or facilities 

shall be offset. The proposed 

facility shall use the offset 

ratio for the appropriate 

nonattainment classification 

as defined in §116.12 of this 

title and shown in Table I of 

§116.12 of this title. Internal 

offsets which are generated 

at the source and which 

otherwise meet all 

creditability criteria can be 

applied as follows.

(3) At the time the new 

or modified facility or 

facilities commence 

operation, the emissions 

increases from the new or 

modified facility or facilities 

must shall be offset. The 

proposed facility shall use 

the offset ratio for the 

appropriate nonattainment 

classification as defined in 

§116.12 of this title and 

shown in Table I of §116.12 

of this title. Internal offsets 

which are generated at the 

source and which otherwise 

meet all creditability criteria 

can be applied as follows.

(3) At the time the new 

or modified facility or 

emissions unit or facilities or 

emissions units commence 

operation, the emissions 

increases from the new or 

modified facility or 

emissions unit or facilities or 

emissions units must be 

offset. The proposed facility 

shall use the offset ratio for 

the appropriate 

nonattainment classification 

as defined in §116.12 of this 

title and shown in Table I of 

§116.12 of this title. Internal 

offsets which are generated 

at the source and which 

otherwise meet all 

creditability criteria can be 

applied as follows.

Relates to grounds 

for the 9/15/2010 

disapproval 

The revisions 

proposed 

2/22/2012, would 

address this 

ground for 

disapproval 

This provision 

otherwise 

continues to meet 

the requirements 

of §173(a)(1) of 

the Act, and 40 

CFR 51.165(a)(9)-

(ii)(A)-(D) 

See section IV.D.1.i 

for further 

information 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(A) Major stationary sources with a 

PTE of less than 100 tons per year of an 

applicable nonattainment pollutant are not 

required to undergo Nonattainment New 

Source Review under this section, if the 

project increases are offset with internal 

offsets at a ratio of at least 1.3 to 1.

(A) Major stationary sources with a 

PTE of less than 100 tpy tons per year of an 

applicable nonattainment pollutant are not 

required to undergo nonattainment new 

source review Nonattainment New Source 

Review under this section, if the project 

increases are offset with internal offsets at a 

ratio of at least 1.3 to 1.

Non-substantive 

Continues to meet 

§182(c)(7) of the 

Act 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-11 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 

6/10/2005 

Resubmitted 3/11/2011-1 

Revision submitted 

3/11/2011-1 

(B) Major stationary 

sources with a PTE of 

greater than or equal to 100 

tons per year of an 

applicable nonattainment 

pollutant can substitute 

BACT for LAER, if the 

project increases are offset 

with internal offsets at a ratio 

of at least 1.3 to 1. Internal 

offsets used in this manner 

can also be applied to satisfy 

the offset requirement.

(B) Major stationary 

sources with a PTE of 

greater than or equal to 100 

tpy tons per year of an 

applicable nonattainment 

pollutant can substitute 

BACT for LAER, if the 

project increases are offset 

with internal offsets at a 

ratio of at least 1.3 to 1. 

Internal offsets used in this 

manner can also be applied 

to satisfy the offset 

requirement. 

(B) Major stationary 

sources located in a serious 

or severe ozone 

nonattainment area with a 

PTE of greater than or equal 

to 100 tpy of an applicable 

nonattainment pollutant can 

substitute federal BACT (as 

identified in 

§116.160(c)(1)(A) of this 

title (relating to Prevention of 

Significant Deterioration 

Requirements) for LAER, if 

the project increases are 

offset with internal offsets at 

a ratio of at least 1.3 to 1. 

Internal offsets used in this 

manner can also be applied 

to satisfy the offset 

requirement. 

Non-substantive 

Continues to meet 

§182(c)(8) of the 

Act 

Current SIP Under Review 

Approved 3/20/2009 Revision submitted 6/10/2005 

Resubmitted 3/11/2011-1* 

(4) In accordance with the FCAA, the 

permit application shall contain an analysis 

of alternative sites, sizes, production 

processes, and control techniques for the 

proposed source. The analysis shall 

demonstrate that the benefits of the proposed 

location and source configuration 

significantly outweigh the environmental and 

social costs of that location.

(4) In accordance with the FCAA, the 

permit application must shall contain an 

analysis of alternative sites, sizes, 

production processes, and control 

techniques for the proposed source. The 

analysis must shall demonstrate that the 

benefits of the proposed location and source 

configuration significantly outweigh the 

environmental and social costs of that 

location.

Non-substantive 

Continues to meet 

§173(a)(5) of the 

Act 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.150-12 

Annotation of Submitted Revisions to §116.150 Comments 

Current SIP Under Review 

Approved 3/20/2009 Rev 6/10/2005 

Resubmitted 3/11/2011-1 

Revision submitted 

3/11/2011-1 

(b) For sources located in 

the El Paso ozone 

nonattainment area (El Paso 

County) the requirements of 

this section do not apply to 

NOx emissions.

(f) (b) For sources 

located in the El Paso 

ozone nonattainment area 

(El Paso County) as defined 

in §101.1 of this title 

(relating to Definitions), the 

requirements of this section 

do not apply to NOx

emissions.

(e) (f) For sources located 

in the El Paso ozone 

nonattainment area as 

defined in 40 Code of 

Federal Regulations, Part 81

§101.1 of this title (relating 

to Definitions), the 

requirements of this section 

do not apply to NOx

emissions.

Non-substantive 

Continues to meet 40 

CFR 52.2308(b) 

which exempts the 

El Paso ozone 

nonattainment area 

from NOx under 

§182(f) of the 

Act 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.151-1 

Evaluation of Revisions to 30 TAC 116.151 – New Major Source or Major Modification in 

Nonattainment Areas Other Than Ozone 

I. Background of 30 TAC 116.151 

A. Current SIP. This section is currently SIP-approved. The current SIP was 

approved July 17, 2000, 65 FR 43993; effective August 16, 2000; as adopted by 

TCEQ March 18, 1998; effective April 7, 1998.

B. Submitted SIP Revisions to 30 TAC 116.151 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011, under Rule Project No. 

2010-008-116-PR. Texas submitted revisions to 30 TAC 116.151, adopted 

February 9, 2011; effective March 3, 2011. The revisions include: 

a) Reorganization of introductory paragraph to new subsections (a)-

(c) and revisions thereto; 

b) Revisions to paragraphs (c)(2) and (c)(3). 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424. 

2. March 11, 2011 (NSR Reform). On March 11, 2011, TCEQ submitted the 

revisions (adopted February 9, 2011); effective March 3, 2011; under Rule 

Project No. 2008-030-116-PR. This SIP submittal is a resubmittal of the 

revisions to 30 TAC 116.151 previously submitted February 1, 2006, with 

no further changes.

3. Revisions proposed February 22, 2012. TCEQ proposed a revision to 

paragraphs (a), (c)(1), and (c)(3). EPA will parallel process these 

revisions. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.151-2 

II. Evaluation Matrix of 30 TAC 116.151 

Annotation of Submitted Revisions to §116.151 Comments 

Current SIP 

Approved 7/17/2000 No Change 

§116.151. New Major Source or Major Modification in Nonattainment Areas 

Other Than Ozone.

Current SIP Under Review 

Approved 7/17/2000 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-

2*1

Rev proposed 2/22/2012 

Parallel processed w/ 

EPA proposal 

This section applies to 

administratively complete 

applications submitted on or 

after November 15, 1992, for 

new construction or 

modification of facilities 

located in a designated 

nonattainment area for an air 

contaminant other than 

ozone. ... 

Continued on next page 

(a) This section applies to 

administratively complete

applications submitted on or 

after November 15, 1992, for 

new construction or 

modification of facilities 

located in a designated 

nonattainment area for an air 

contaminant other than 

ozone. ... 

Continued on next page

(a) This section applies to 

applications for new 

construction or modification 

of facilities or emissions units

located in a designated 

nonattainment area for an air 

contaminant other than 

ozone. ... 

Continued on next page

Relates to grounds for the 

9/15/2010 disapproval 

As proposed 2/22/2012, 

this rule would meet all 

applicable Federal 

requirements 

The revisions otherwise 

continue to meet 40 

CFR 51.165(a)(2) 

See section IV.D.1.i for 

further information 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.151-3 

Annotation of Submitted Revisions to §116.151 Comments 

Current SIP Under Review 

Approved 7/17/2000 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-

2*2

Rev proposed 2/22/2012 

Parallel processed w/ 

EPA proposal 

Continued from previous 

page 

... The owner or operator 

of a proposed new or 

modified facility which will 

be a new major stationary 

source for that nonattainment 

air contaminant, or the owner 

or operator of an existing 

major stationary source that 

will undergo a major 

modification with respect to 

that nonattainment air 

contaminant, shall meet the 

additional requirements of 

paragraphs (1) - (4) of this 

section. Table I of §116.12 of 

this title (relating to 

Nonattainment Review 

Definitions) specifies the 

various classifications of 

nonattainment along with the 

associated emission levels 

which designate a major 

stationary source or major 

modification for those 

classifications. 

Continued from previous 

page

... The owner or operator 

of a proposed new or 

modified facility that which

will be a new major 

stationary source for that 

nonattainment air 

contaminant, or the owner or 

operator of an existing major 

stationary source that will 

undergo a major modification 

with respect to that 

nonattainment air 

contaminant, shall meet the 

additional requirements of 

subsection (c) paragraphs (1) 

- (4) of this section. Table I 

located in the definition of 

major modification in of

§116.12 of this title (relating 

to Nonattainment and 

Prevention of significant 

Deterioration Review 

Definitions) specifies the 

various classifications of 

nonattainment along with the 

associated emission levels 

that which designate a major 

stationary source or major 

modification for those 

classifications. 

Continued from previous 

page

... The owner or operator 

of a proposed new or 

modified facility or emissions 

unit that will be a new major 

stationary source for that 

nonattainment air 

contaminant, or the owner or 

operator of an existing major 

stationary source that will 

undergo a major modification 

with respect to that 

nonattainment air 

contaminant, shall meet the 

additional requirements of 

subsection (c)(1) - (4) of this 

section. Table I located in the 

definition of major 

modification in §116.12 of 

this title (relating to 

Nonattainment and 

Prevention of significant 

Deterioration Review 

Definitions) specifies the 

various classifications of 

nonattainment along with the 

associated emission levels 

that designate a major 

stationary source. 

Relates to grounds for the 

9/15/2010 disapproval 

As proposed 2/22/2012, 

this rule would meet all 

applicable Federal 

requirements 

The revisions otherwise 

continue to meet 40 

CFR 51.165(a)(2) 

See section IV.D.1.i for 

further information 

 2

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on June 10, 2005, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.151-4 

Annotation of Submitted Revisions to §116.151 Comments 

Under Review 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

(b) The de minimis threshold test (netting) is required for all modifications to 

existing major sources of federally regulated new source review pollutants, unless the 

proposed emissions increases associated with a project, without regard to decreases, 

are less than the major modification threshold for the pollutant identified in Table I 

located in the definition of major modification in §116.12 of this title.

Meets 40 CFR 

51.165(a)(2)(ii)(A) 

(c) In applying the de minimis test, if the net emissions increases are greater than the 

major modification levels in Table I located in the definition of major modification in 

§116.12 of this title, the following requirements apply.

Meets 40 CFR 

51.165(a)(2) and 

§173(a) of the Act 

Current SIP Under Review 

Approved 7/17/2000 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

Rev proposed 2/22/2012 

Parallel processed w/ 

EPA proposal 

(1) The proposed 

facility shall comply with 

the lowest achievable 

emission rate (LAER) as 

defined in §116.12 of this 

title for the nonattainment 

pollutants for which the 

facility is a new major 

source or major 

modification. LAER shall 

be applied to each new 

emission unit and to each 

existing emission unit at 

which the net emissions 

increase will occur as a 

result of a physical change 

or change in method of 

operation of the unit.

(1) The proposed 

facility shall comply with 

the lowest achievable 

emission rate (LAER) as 

defined in §116.12 of this 

title for the nonattainment 

pollutants for which the 

facility is a new major 

source or major 

modification. LAER shall 

be applied to each new 

facility emission unit and 

to each existing facility

emission unit at which the 

net emissions increase will 

occur as a result of a 

physical change or change 

in method of operation of 

the unit.

(1) The proposed 

facility or emissions unit

shall comply with the 

lowest achievable 

emission rate (LAER) as 

defined in §116.12 of this 

title for the nonattainment 

pollutants for which the 

facility or emissions unit is 

a new major source or 

major modification. LAER 

shall be applied to each 

new facility and to each 

existing facility or 

emissions unit at which the 

net emissions increase will 

occur as a result of a 

physical change or change 

in method of operation of 

the unit.

Relates to grounds for the 

9/15/2010 disapproval 

As proposed 2/22/2012, 

this rule would meet all 

applicable federal 

requirements 

The revisions continue to 

meet 40 CFR 

51.165(a)(2) and 

§173(a)(2) of the Act 

See section IV.D.1.i for 

further information 

Current SIP 

Approved 7/17/2000 

(2) All major stationary sources owned or operated by the applicant (or by any 

person controlling, controlled by, or under common control with the applicant) in the 

state shall be in compliance or on a schedule for compliance with all applicable state 

and federal emission limits and standards.

No Change 

Continues to meet 

§173(a)(3) of the Act 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.151-5 

Annotation of Submitted Revisions to §116.151 Comments 

Current SIP Under Review 

Approved 7/17/2000 Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2* 

Rev proposed 2/22/2012 

Parallel processed w/ 

EPA proposal 

(3) At the time the 

new or modified facility or 

facilities commence 

operation, the emission 

increases from the new or 

modified facility or 

facilities shall be offset. 

The proposed facility shall 

use the offset ratio for the 

appropriate nonattainment 

classification as defined in 

§116.12 of this title and 

shown in Table I of 

§116.12 of this title. 

(3) At the time the 

new or modified facility or 

facilities commence 

operation, the emission 

increases from the new or 

modified facility or 

facilities shall be offset. 

The proposed facility shall 

use the offset ratio for the 

appropriate nonattainment 

classification as defined in 

§116.12 of this title and 

shown in Table I located 

in the definition of major 

modification in of §116.12 

of this title. 

(3) At the time the 

new or modified facility or 

emissions unit or facilities 

or emissions units

commence operation, the 

emission increases from 

the new or modified 

facility or emissions unit

or facilities or emissions 

units shall be offset. The 

proposed facility or 

emissions unit shall use 

the offset ratio for the 

appropriate nonattainment 

classification as defined in 

§116.12 of this title and 

shown in Table I located 

in the definition of major 

modification in §116.12 of 

this title. 

Relates to grounds for the 

9/15/2010 disapproval 

As proposed 2/22/2012, 

this rule would meet all 

applicable Federal 

requirements 

Otherwise, these revisions 

continue to meet 

§173(a)(1) of the Act 

Current SIP 

Approved 7/17/2000 

(4) In accordance with the Federal Clean Air Act, the permit application shall 

contain an analysis of alternative sites, sizes, production processes, and control 

techniques for the proposed source. The analysis shall demonstrate that the benefits of 

the proposed location and source configuration significantly outweigh the 

environmental and social costs of that location.

No Change 

Continues to meet 

§173(a)(5) of the Act 

 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter B – New Source Review 

Division 5 – Nonattainment Review 

§§116.150 and 116.151 

Page 116.151-6 

[This page is intentionally left blank] 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.180-1 

Evaluation of Revisions to 30 TAC 116.180 – Applicability 

I. Background of 30 TAC 116.180 

A. Current SIP. This section is not currently SIP-approved

B. Submitted SIP Revisions to 30 TA C 116.180 Reviewed in this Action

1. February 1, 2006, and resubmitted March 11, 2011. Texas submitted a 

new 30 TAC 116.180, adopted January 11, 2006; effective February 1, 

2006. EPA disapproved the February 1, 2006, submittal on September 15, 

2010, 75 FR 56424.

2. March 11, 2011 (under Rule Project No. 2010-008-116-PR; NSR Reform).

Texas submitted revisions to 30 TAC 116.180, adopted February 9, 2011; 

effective March 3, 2011. The submittal includes the following:

a) Revisions to paragraphs (a)(1), (3), (4) and (5); and subsections (b) 

and (c); and 

b) Resubmittal of revisions to §116.180 previously submitted 

February 1, 2006. 

3. Revisions proposed February 22, 2012. TCEQ proposed a revision to 

paragraph (a)(5). EPA will parallel process this revision. 

II. Evaluation Matrix of 30 TAC 116.180 

Annotation of Submitted Revisions to §116.180 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.180. Applicability

(a) The following requirements apply to a plantwide applicability limit (PAL) 

permit

Meets 40 CFR 

51.165(f)(4)(i)(E) and 

51.166(w)(4)(i)(e) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(1) only one PAL may be issued for 

each pollutant at an account site;

(1) only one PAL may be issued for 

each pollutant at an existing major 

stationary source account site; 

Relates to grounds for the 

9/15/2010 disapproval2

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 

2 Relates to grounds for the 9/15/2010 disapproval. The revisions submitted 3/11/2011-2 address these grounds 

for disapproval. See section IV.C.1.iv for further information.
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.180-2 

Annotation of Submitted Revisions to §116.180 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006. Resubmitted 3/11/2011-2*

(2) a PAL permit may include more than one PAL; Same as for ¶(a)(1)

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(3) a PAL permit may not cover 

facilities at more than one source; and

(3) a PAL permit may not cover 

facilities at more than one existing major

stationary source; and 

Same as for ¶(a)(1)

(4) A PAL permit may be may be 

consolidated with a state or federal 

permit at the source.

(4) A PAL permit may be may be 

consolidated with a new source review 

permit at the existing major stationary 

source a state or federal permit at the 

source.

Same as for ¶(a)(1)

Pending. 

New paragraph (a)(5) submitted 

3/11/2011-2 

Revision Proposed 2/22/2012 

Parallel processed w/ EPA proposal 

(5) A PAL permit can be issued only 

for an existing major stationary source; it 

may not be issued for a new major 

stationary source as defined in 40 Code 

of Federal Regulations §51.165(iv)(A).

(5) A PAL permit can be issued only 

for an existing major stationary source; it 

may not be issued for a new major 

stationary source as defined in 40 Code 

of Federal Regulations 

§51.165(a)(1)(iv)A) and §51.166(b)(1)

§51.165(iv)(A). 

Relates to grounds for the 

9/15/2010 disapproval 

¶(a)(5) as submitted and 

the revisions proposed 

2/22/2012, would 

address these grounds 

for disapproval. 

See section IV.C.1.i for 

further information 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.180-3 

Annotation of Submitted Revisions to §116.180 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(b) The new owner of a major 

stationary source shall comply with 

§116.110(e) of this title (relating to 

Applicability), provided that all facilities 

covered by a PAL permit change 

ownership at the same time and to the 

same person, or both the new owner and 

existing permit holder must obtain a PAL 

permit alteration allocating the emission 

prior to the transfer of the permit by the 

commission. After the sale of a facility, 

or facilities, but prior to the transfer of a 

permit requiring a permit alteration, the 

original PAL permit holder remains 

responsible for ensuring compliance with 

the existing PAL permit and all rules and 

regulations of the commission.

(b) The new owner of a major 

stationary source shall comply with 

§116.110(e) of this title (relating to 

Applicability), provided that all facilities, 

or emissions units at a major stationary 

source, covered by a PAL permit change 

ownership at the same time and to the 

same person, or both the new owner and 

existing permit holder must obtain a PAL 

permit alteration allocating the emission 

prior to the transfer of the permit by the 

commission. After the sale of a facility, 

or emissions unit at a major stationary 

source facilities, but prior to the transfer 

of a permit requiring a permit alteration, 

the original PAL permit holder remains 

responsible for ensuring compliance with 

the existing PAL permit and all rules and 

regulations of the commission.

Relates to grounds for the 

9/15/2010 disapproval 

The revisions submitted 

3/11/2011-2 meet 

addressed these 

grounds for 

disapproval 

See section IV.C.1.iv for 

further information 

Subsection (b) also meets 

§116.110(e) that are 

currently SIP approved 

Subsection (b) also meets 

40 CFR 51.163 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(c) The owner of the facility, group of 

facilities, or account or the operator of 

the facility, group of facilities, or account 

that is authorized to act for the owner is 

responsible for complying with this 

section, except as provided by subsection 

(b) of this section.

(c) The owner of the facility, emissions 

unit at a major stationary source, or

group of facilities, or account or the 

operator of the facility, emissions unit at 

a major stationary source, or group of 

facilities, or account that is authorized to 

act for the owner is responsible for 

complying with this section, except as 

provided by subsection (b) of this 

section.

Relates to grounds for the 

9/15/2010 disapproval 

The revisions submitted 

3/11/2011-2 meet 

addressed these 

grounds for 

disapproval 

See section IV.C.1.iv for 

further information. 

Also meets 40 CFR 

51.100(f) 

 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.180-4 

[This page is intentionally left blank] 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.182-1 

Evaluation of Revisions to 30 TAC 116.182 – Plant-wide Applicability Permit Limit 

Application 

I. Background of 30 TAC 116.182 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.182 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a new 

30 TAC 116.182, adopted January 11, 2006; effective February 1, 2006. 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424.

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.182, adopted 

February 9, 2011; effective March 3, 2011. The submittal includes the 

following:

a) Revision to paragraph (1); and 

b) Resubmittal of revisions to §116.182 previously submitted 

February 1, 2006. 

II. Evaluation Matrix of 30 TAC 116.182 

Annotation of Submitted Revisions to §116.182 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.182. Plant-wide Applicability Limit Permit Application

Any application for a new plant-wide applicability limit (PAL) permit or PAL 

permit amendment must be completed and signed by an authorized representative. In 

order to be granted a PAL permit or PAL permit amendment, the owner or operator of 

the proposed facility shall submit information to the commission which demonstrates 

that all of the following information is submitted:

Meets 40 CFR 

51.165(f)(3) and 

51.166(w)(3) 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.182-2 

Annotation of Submitted Revisions to §116.182 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(1) a list of all facilities, including 

their registration or permit number to be 

included in the PAL, their potential to 

emit, and the expected maximum 

capacity. In addition, the owner or 

operator of the source shall indicate 

which, if any, federal or state applicable 

requirements, emission limitations, or 

work practices apply to each unit.

(1) a list of all facilities, or emissions 

units at a major stationary source, that 

emit the PAL pollutant, including their 

registration or permit number to be 

included in the PAL, their potential to 

emit, and the expected maximum 

capacity. In addition, the owner or 

operator of the source shall indicate 

which, if any, federal or state applicable 

requirements, emission limitations, or 

work practices apply to each unit.

Relates to grounds for the 

9/15/2010 disapproval 

The revision submitted 

3/11/2011-2 meet 

addresses these 

grounds for 

disapproval 

See section IV.C.1.iv for 

further information 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006. Resubmitted 3/11/2011-2* 

(2) calculations of the baseline actual emissions with supporting documentation. See Note below2

(3) the calculation procedures that the permit holder proposes to use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-

month rolling total for each month; and

Meets 40 CFR 

51.165(f)(3)(iii) and 

51.166(w)(3)(iii) 

(4) the monitoring and recordkeeping proposed to satisfy the requirements of 

§116.186 of this title (relating to General and Special Conditions) for each PAL.

 2

 Meets 40 CFR 51.165(f)(3)(ii) and 51.166(w)(3)(ii). See section IV.C.1.v for further information. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.184-1 

Evaluation of Revisions to 30 TAC 116.184 – Application Review Schedule 

I. Background of 30 TAC 116.184 

A. Current SIP. This section is not currently SIP-approved

B. Submitted SIP Revisions to 30 TAC 116.184 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a new 

30 TAC 116.184, adopted January 11, 2006; effective February 1, 2006. 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424.

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.182, adopted 

February 9, 2011; effective March 3, 2011. This SIP submittal is a 

resubmittal of the revisions to 30 TAC 116.184 previously submitted 

February 1, 2006, with no further changes.

II. Evaluation Matrix of 30 TAC 116.184 

Annotation of Submitted Revisions to §116.184 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.184. Application Review Schedule

The plant-wide applicability limit permit application will be reviewed by the 

commission in accordance with §116.114 of this title (relating to Application Review 

Schedule).

Meets 40 CFR 51.163 

 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.184-2 

[This page is intentionally left blank]
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-1 

Evaluation of Revisions to 30 TAC 116.186 – General and Special Conditions 

I. Background of 30 TAC 116.186 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.186 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a new 

30 TAC 116.184, adopted January 11, 2006; effective February 1, 2006. 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424.

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.186, adopted 

February 9, 2011; effective March 3, 2011. The submittal includes the 

following: 

a) Revisions to subsection (a) and paragraphs (b)(1); 

b) New paragraph (b)(9) and renumbering of existing paragraphs 

(b)(9)-(10) to paragraphs (b)(10)-(11); 

c) New paragraph (c)(1) and renumbering of existing paragraphs 

(c)(1)-(3) to paragraphs (c)(2)-(4); 

d) Revisions to paragraphs (c)(2) and (3), as renumbered; and 

e) Resubmittal of revisions to §116.186 previously submitted 

February 1, 2006. 

3. Revisions proposed February 22, 2012. TCEQ proposed a revision to 

paragraph (b)(9). EPA will parallel process this revision.
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-2 

II. Evaluation Matrix of 30 TAC 116.186 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.186. General and Special Conditions

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(a) The plant-wide applicability limit 

(PAL) will impose an annual emission 

limitation in tons per year that is 

enforceable for all facilities included in 

the PAL. For each month during the PAL 

effective period after the first 12 months 

of establishing a PAL, the major 

stationary source owner or operator shall 

demonstrate that the sum of the monthly 

emissions from each facility under the 

PAL for the previous 12 consecutive 

months is less than the PAL (a 12-month 

average, rolled monthly). For each month 

during the first 11 months from the PAL 

effective date, the major stationary 

source owner or operator shall show that 

the sum of the preceding monthly 

emissions from the PAL effective date 

for each facility under the PAL is less 

than the PAL. Each PAL shall include 

emissions of only one pollutant. The 

PAL must include all emissions, 

including fugitive emissions, to the 

extent quantifiable, from all facilities 

included in the PAL that emit or have the 

potential to emit the PAL pollutant.

(a) The plant-wide applicability limit 

(PAL) will impose an annual emission 

limitation in tons per year that is 

enforceable for all facilities, or 

emissions units at a major stationary 

source, that emit the PAL pollutant. 

included in the PAL. For each month 

during the PAL effective period after 

the first 12 months of establishing a 

PAL, the major stationary source owner 

or operator shall demonstrate that the 

sum of the monthly emissions from each 

facility under the PAL for the previous 

12 consecutive months is less than the 

PAL (a 12-month average, rolled 

monthly). For each month during the 

first 11 months from the PAL effective 

date, the major stationary source owner 

or operator shall show that the sum of 

the preceding monthly emissions from 

the PAL effective date for each facility 

under the PAL is less than the PAL. 

Each PAL shall include emissions of 

only one pollutant. The PAL must 

include all emissions, including fugitive 

emissions, to the extent quantifiable, 

from all facilities or emissions units at a 

major stationary source included in the 

PAL that emit or have the potential to 

emit the PAL pollutant.

Relates to grounds for the 

9/15/2010 disapproval 

The revisions submitted 

3/11/2011-2 address 

these grounds for 

disapproval 

See section IV.C.1.iv for 

further information 

regarding the 

accounting of all 

emissions from a major 

stationary source 

EPA further identified an 

issue concerning 

whether TCEQ 

accounts for emissions 

from startups, 

shutdowns, and 

malfunctions for 

compliance purposes 

On 5/3/2012 TCEQ 

forwarded a letter which 

addresses this matter. 

See section IV.C.2.iii for 

further information 

regarding the 

accounting of emissions 

from startups, 

shutdowns, and 

malfunctions 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-3 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(b) The following general conditions shall be applicable to every PAL permit.

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(1) Applicability. This section does 

not authorize any facility to emit air 

pollutants but establishes an annual 

emissions level below which new and 

modified facilities will not be subject to 

federal NSR for that pollutant.

(1) Applicability. This section does 

not authorize any facility to emit air 

pollutants but establishes an annual 

emissions level below which new and 

modified facilities, or emissions units at 

a major stationary source, will not be 

subject to federal NSR for that 

pollutant. 

Relates to grounds for the 

9/15/2010 disapproval 

The revision submitted 

3/11/2011-2 addressed 

these grounds for 

disapproval 

See section IV.C.1.iv for 

further information 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(2) Sampling requirements. If sampling of stacks or process vents is required, 

the PAL permit holder shall contact the commission's Office of Compliance and 

Enforcement prior to sampling to obtain the proper data forms and procedures. All 

sampling and testing procedures must be approved by the executive director and 

coordinated with the appropriate regional office of the commission. The PAL permit 

holder is also responsible for providing sampling facilities and conducting the 

sampling operations or contracting with an independent sampling consultant.

Meets 40 CFR 51.212(a). 

Also comparable to 

provisions of 

§116.115(b)(2)((D) 

(3) Equivalency of methods. The permit holder shall demonstrate the 

equivalency of emission control methods, sampling or other emission testing 

methods, and monitoring methods proposed as alternatives to methods indicated in 

the conditions of the PAL permit. Alternative methods must be applied for in writing 

and must be reviewed and approved by the executive director prior to their use in 

fulfilling any requirements of the permit.

Meets 40 CFR 51.212(c). 

Also comparable to 

provisions of 

§116.115(b)(2)((E) 

(4) Recordkeeping and Reporting. Meets 40 CFR 

51.165(f)(13) and 

51.166(w)(13) 

(A) A copy of the PAL permit along with information and data sufficient to 

demonstrate continuous compliance with the emission caps contained in the PAL 

permit must be maintained in a file at the plant site and made available at the request 

of personnel from the commission or any air pollution control program having 

jurisdiction. For facilities that normally operate unattended, this information must be 

maintained at the nearest staffed location within Texas specified by the permit holder 

in the permit application. This information must include, but is not limited to, 

emission cap and individual emission limitation calculations based on a 12-month 

rolling basis and production records and operating hours. Additional recordkeeping 

requirements may be specified in special conditions attached to the PAL permit.

Meet the requirements of 

40 CFR 

51.165(f)(13)(i), 

51.165(f)(7)(viii), 

51.166(w)(13)(i), and 

51.166(w)(7)(viii) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-4 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(B) The owner or operator shall retain a copy of the PAL permit application 

and any applications for revisions to the PAL, each annual certification of 

compliance under §122.146 of this title (relating to Compliance Certification Terms 

and Conditions), and the data relied on in certifying the compliance for the duration 

of the PAL plus five years.

Meets 40 CFR 

51.165(f)(13)(ii) and 

51.166(w)(13)(ii) 

(C) A semiannual report shall be submitted to the executive director within 30 

days of the end of each reporting period that contains:

See note below2

(i) the identification of the owner and operator and the permit number; Meets 40 CFR 

51.165(f)(14)(i)(A) and 

51.166(w)(14)(i)(a) 

(ii) total annual emissions (in tons per year) based on a 12-month rolling 

total for each month in the reporting period;

Meets 40 CFR 

51.165(f)(14)(i)(B) and 

51.166(w)(14)(i)(b) 

(iii) all data relied upon, including, but not limited to, any quality assurance 

or quality control data, in calculating the monthly and annual PAL emissions;

Meets 40 CFR 

51.165(f)(14)(i)(C) and 

51.166(w)(14)(i)(c) 

(iv) a list of any facility modified or added to the major stationary source 

during the preceding six-month period;

Meets 40 CFR 

51.165(f)(14)(i)(D) and 

51.166(w)(14)(i)(d) 

(v) the number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero and span calibration checks), 

and any corrective action taken. This may be satisfied by referencing the PAL permit 

number in the semiannual report for the site under §122.145 of this title (relating to 

Reporting Terms and Conditions);

Meets 40 CFR 

51.165(f)(14)(i)(E) and 

51.166(w)(14)(i)(e) 

(vi) a notification of a shutdown of any monitoring system, whether the 

shutdown was permanent or temporary, the reason for the shutdown, the anticipated 

date that the monitoring system will be fully operational or replaced with another 

monitoring system, and whether the emissions unit monitored by the monitoring 

system continued to operate, and the emissions of the pollutant or the number 

determined by method included in the permit; and

Meets 40 CFR 

51.165(f)(14)(i)(F) and 

51.166(w)(14)(i)(f) 

(vii) a signed statement by the responsible official certifying the truth, 

accuracy, and completeness of the information in the report.

Meets 40 CFR 

51.165(f)(14)(i)(G) and 

51.166(w)(14)(i)(g) 

(D) The owner or operator shall submit the results of any revalidation test or 

method to the executive director within three months after completion of such test or 

method.

 2

 30 TAC 116.186(b)(4)(C) has no specific provision for submitting the deviation reports as required under 40 

CFR 51.165(f)(14)(ii) and 51,166(w)(14)(ii). However, deviation reports are required to be submitted under the 

approved SIP at 30 TAC 101.201 which requires reporting of emission events. This section applies to all sources in 

Texas (including PALs) and is more comprehensive than the PAL deviation report requirements under 

§§51.165(f)(14)(ii) and 51,166(w)(14)(ii). Accordingly, 30 TAC 116.182(b)(4)(C) meets the requirements of 40 

CFR 51.165(f)(13) and 51.166(w)(13). 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-5 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(5) Maintenance of emission control. The facilities covered by the PAL permit 

will not be operated unless all air pollution emission capture and abatement 

equipment is maintained in good working order and operating properly during 

normal facility operations.

Meets 40 CFR 51.163 

This is also comparable to 

§116.115(b)(2)(G) in 

the existing SIP. 

(6) Compliance with rules. Acceptance of a PAL permit by a permit applicant 

constitutes an acknowledgment and agreement that the holder will comply with all 

rules and orders of the commission issued in conformity with the Texas Clean Air 

Act and the conditions precedent to the granting of the permit. If more than one state 

or federal rule or PAL permit condition is applicable, then the most stringent limit or 

condition will govern and be the standard by which compliance must be 

demonstrated. Acceptance includes consent to the entrance of commission 

employees and agents into the permitted premises at reasonable times to investigate 

conditions relating to the emission or concentration of air contaminants, including 

compliance with the PAL permit.

Meets 40 CFR 51.163 

This is also comparable to 

§116.115(b)(2)(H) in 

the existing SIP 

(7) Effective period. The PAL is effective for ten years. Meets 40 CFR 

51.165(f)(4)(i)(F) & 

(f)(7)(ii), and 

51.166(w)(4)(i)(f) & 

(w)(7)(ii) 

(8) Absence of monitoring data. A source owner or operator shall record and 

report maximum potential emissions without considering enforceable emission 

limitations or operational restrictions for a facility during any period of time that 

there is no monitoring data, unless another method for determining emissions during 

such periods is specified in the PAL permit special conditions.

Meets 40 CFR 

51.165(f)(12)(vii) and 

51.166(w)(12)(vii) 

Pending. 

Submitted 3/11/2011 -2 Revision Proposed 2/22/2012 

Parallel processed w/ EPA proposal 

(9) Monitoring system 

requirements. Failure to use a 

monitoring system that meets the 

requirements of this section is a violation 

of the PAL permit.

(9) Monitoring system 

requirements. Failure to use a 

monitoring system that meets the 

requirements of this section renders the 

PAL permit invalid is a violation of the 

PAL permit. 

Relates to grounds for the 

9/15/2010 disapproval 

30 TAC 116.186(b)(9) 

submitted 3/11/2011-2 

and the revisions 

proposed 2/22/2012 

would address these 

grounds for disapproval 

See section IV.C.1.iii for 

further information. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-6 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(9) Revalidation. All data used to 

establish the PAL pollutant must be 

revalidated through performance testing 

or other scientifically valid means 

approved by the executive director. Such 

testing must occur at least once every 

five years after issuance of the PAL.

(10) (9) Revalidation. All data used 

to establish the PAL pollutant must be 

revalidated through performance testing 

or other scientifically valid means 

approved by the executive director. 

Such testing must occur at least once 

every five years after issuance of the 

PAL.

Meets 40 CFR 

51.165(f)(13)(ix) and 

51.166(w)(ix) 

(11) Renewal. If a PAL renewal 

application is submitted to the executive 

director in accordance with §116.196 of 

this title (relating to Renewal of a Plantwide Applicability Limit Permit), the 

PAL shall not expire at the end of the 

PAL effective period. It shall remain in 

effect until a renewed PAL permit is 

issued by the executive director or the 

application is voided.

(11) (10) Renewal. If a PAL 

renewal application is submitted to the 

executive director in accordance with 

§116.196 of this title (relating to 

Renewal of a Plant-wide Applicability 

Limit Permit), the PAL shall not expire 

at the end of the PAL effective period. It 

shall remain in effect until a renewed 

PAL permit is issued by the executive 

director or the application is voided. 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(c) The PAL permit must include special conditions that satisfy the following 

requirements.

Meets 40 CFR 

51.165(f)(12)(i) and 

51.166(w)(12)(i) 

(1) For the purposes of this subchapter, the definitions of the following terms are 

the same as those provided in 40 Code of Federal Regulations §51.165.

Relates to grounds for the 

9/15/2010 disapproval 

30 TAC 116.186(c)(1) 

submitted 3/11/2011-2 

addresses these grounds 

for disapproval 

See section IV.C.1.vi for 

further information3

(A) Continuous emission monitoring system (CEMS).

(B) Continuous emissions rate monitoring system (CERMS).

(C) Continuous parameter monitoring system (CPMS).

(D) Predictive emissions monitoring system (PEMS).

 3

 TCEQ only incorporated by reference the definitions of CEMS, CERMS, CPMS, and PEMS, in 40 CFR 

51.165a(a)(1). It is not necessary to incorporate the same definitions in 40 CFR 51.166(b) because these terms are 

defined identically in both sections. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-7 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(1) The PAL monitoring system must 

accurately determine all emissions of the 

PAL pollutant in terms of mass per unit 

of time. Any monitoring system 

authorized for use in the PAL permit 

must be based on sound science and meet 

generally acceptable scientific 

procedures for data quality and 

manipulation. Additionally, the 

information generated by such system 

must meet minimum legal requirements 

for admissibility in a judicial proceeding 

to enforce the PAL permit.

(2) (1) The PAL monitoring system 

must accurately determine all emissions 

of the PAL pollutant in terms of mass 

per unit of time. Any monitoring system 

authorized for use in the PAL permit 

must be based on sound science and 

meet generally acceptable scientific 

procedures for data quality and 

manipulation. Additionally, the 

information generated by such system 

must meet minimum legal requirements 

for admissibility in a judicial proceeding 

to enforce the PAL permit.

The revision submitted 

3/11/2011-2 and TCEQ’s 

letter dated mm/dd/2012 

ensure that this provision 

meets Federal 

requirements. 

See section IV.C.2.ii for 

further information 

(2) The PAL monitoring system must 

employ one or more of the general 

monitoring approaches meeting the 

minimum requirements as described in 

subparagraphs (A) - (D) of this 

paragraph.

(3) (2) The PAL monitoring system 

must employ one or more of the general 

monitoring approaches meeting the 

minimum requirements as described in 

subparagraphs (A) - (D) of this 

paragraph.

Meets 40 CFR 

51.165(f)(12)(i)(B) and 

51.166(w)(12)(i)(b) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(A) An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following 

requirements:

Meets 40 CFR 

51.166(f)(12)(ii)(A), 

51.165(f)(12)(iii), 

51.166(w)(12)(ii)(a), 

and 51.166(w)(12)(iii) 

(i) provide a demonstrated means of validating the published content of the 

PAL pollutant that is contained in, or created by, all materials used in or at the 

facility;

Meets 40 CFR 

51.165(f)(12)(iii)(A) 

and 

51.166(w)(12)(iii)(a) 

(ii) assume that the facility emits all of the PAL pollutant that is contained 

in, or created by, any raw material or fuel used in or at the facility, if it cannot 

otherwise be accounted for in the process; and

Meets 40 CFR 

51.165(f)(12)(iii)(B) 

and 

51.166(w)(12)(iii)(a) 

(iii) where the vendor of a material or fuel, which is used in or at the facility

publishes a range of pollutant content from such material, the owner or operator shall 

use the highest value of the range to calculate the PAL pollutant emissions unless the 

executive director determines that there is site-specific data or a site-specific

monitoring program to support another content within the range.

Meets 40 CFR 

51.165(f)(12)(iii)(C) 

and CFR 

51.166(w)(12)(iii)(c) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-8 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(B) An owner or operator using a 

continuous emission monitoring system 

(CEMS) to monitor PAL pollutant 

emissions shall meet the following 

requirements.

(B) An owner or operator using a 

continuous emission monitoring system 

(CEMS) to monitor PAL pollutant 

emissions shall meet the following 

requirements.

Meets 40 CFR 

51.165(f)(12)(ii)(B) & 

(iv) and 

51.166(w)(12)(ii)(b) & 

(iv) 

(C) An owner or operator using 

continuous parameter monitoring system 

(CPMS) or predictive emission 

monitoring system (PEMS) to monitor 

PAL pollutant emissions shall meet the 

following requirements.

(C) An owner or operator using 

continuous parameter monitoring 

system (CPMS) or predictive emission 

monitoring system (PEMS) to monitor 

PAL pollutant emissions shall meet the 

following requirements.

Meets 40 CFR 

51.165(f)(12)(iv)(A) and 

51.166(w)(12)(iv)(a) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(i) The CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL 

pollutant emissions across the range of operation of the facility.

Meets 40 CFR 

51.165(f)(12)(iv)(A) 

and 

51.166(w)(12)(iv)(a) 

(ii) Each CPMS or PEMS must sample, analyze, and record data at least 

every 15 minutes or at another less frequent interval approved by the executive 

director, while the facility is operating.

Meets 40 CFR 

51.165(f)(12)(iv)(B) 

and 

51.166(w)(12)(iv)(b) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-9 

Annotation of Submitted Revisions to §116.186 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(D) An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements.

Meets 40 CFR 

51.166(f)(12)(ii)(D) & 

(vi) and 

51.166(w)(12)(ii)(d) & 

(vi) 

(i) All emission factors must be adjusted, if appropriate, to account for the 

degree of uncertainty or limitations in the factors' development.

Meets 40 CFR 

51.165(f)(12)(vi)(A) 

and 

51.166(w)(12)(vi)(a) 

(ii) The facility shall operate within the designated range of use for the 

emission factor, if applicable.

Meets 40 CFR 

51.165(f)(12)(vi)(B) 

and 

51.166(w)(12)(vi)(b) 

(iii) If technically practicable, the owner or operator of a significant facility 

that relies on an emission factor to calculate PAL pollutant emissions shall conduct 

validation testing to determine a site-specific emission factor within six months of 

PAL permit issuance, unless the executive director determines that testing is not 

required.

Meets 40 CFR 

51.165(f)(12)(vi)(C) 

and 

51.166(w)(12)(vi)(c) 

(E) An alternative monitoring approach must meet the requirements in 

paragraph (1) of this subsection if approved by the executive director.

Meets CFR 

51.165(f)(12)(i)(C) and 

51.166(w)(12)(i)(d) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(3) Where an owner or operator of a 

facility cannot demonstrate a correlation 

between a monitored parameter(s) and 

the PAL pollutant emissions rate at all 

operating points of the facility, the 

executive director, shall:

(4) (3) Where an owner or operator 

of a facility cannot demonstrate a 

correlation between a monitored 

parameter(s) and the PAL pollutant 

emissions rate at all operating points of 

the facility, the executive director, shall: 

Meets 40 CFR 

51.165(f)(12)(viii) and 

51.166(w)(12)(viii) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(A) establish default value(s) for determining compliance with the PAL based 

on the highest potential emissions reasonably estimated at such operating point(s); or

Meets 40 CFR 

51.165(f)(12)(viii) and 

(B) determine that operation of the facility during operating conditions when 51.166(w)(12)(viii) 

there is no correlation between monitored parameter(s) and the PAL pollutant 

emissions is a violation of the PAL.

 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.186-10 

[This page is intentionally left blank] 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.188-1 

Evaluation of Revisions to 30 TAC 116.188 – Plant-wide Applicability Limit 

I. Background of 30 TAC 116.188 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.188 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a new 

30 TAC 116.184, adopted January 11, 2006; effective February 1, 2006. 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424.

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.188, adopted 

February 9, 2011; effective March 3, 2011. The submittal includes the 

following: 

a) A non-substantive administrative change to paragraph (3); and 

b) Resubmittal of revisions to §116.188 previously submitted 

February 1, 2006. 

II. Evaluation Matrix of 30 TAC 116.188 

Annotation of Submitted Revisions to §116.188 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.188. Plant-wide Applicability Limit

The plant-wide applicability limit (PAL) is the sum of the baseline actual emissions 

of the PAL pollutant for each existing facility at the source to be covered. The 

allowable emission rate may be used for facilities that did not exist in the baseline 

period. Baseline actual emissions from facilities that were permanently shut down 

after the baseline period must be subtracted from the baseline emissions rate.

Meets 40 CFR 

51.165(f)(6)(1)(i)-(ii) 

& 51.166(w)(6)(1)(i)-

(ii) 

(1) An amount equal to the applicable significant level for the PAL pollutant may 

be added to the baseline actual emissions when establishing the PAL.

Meets 40 CFR 

51.165(f)(6)(1)(i) & 

51.166(w)(6)(1)(i) 

(2) When establishing the PAL level, for a PAL pollutant, only one consecutive 

24-month period must be used to determine the baseline actual emissions for all 

existing facilities. However, a different consecutive 24-month period may be used for 

each different PAL pollutant.

Meets 40 CFR 

51.165(f)(6)(1)(i) & 

51.166(w)(6)(1)(i) 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.188-2 

Annotation of Submitted Revisions to §116.188 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011 -2 

Rev submitted 3/11/2011-2 

(3) The executive director shall 

specify a reduced PAL level(s) in the 

PAL permit to become effective on the 

future compliance date(s) of any 

applicable federal or state regulatory 

requirement(s).

(3) The executive director shall 

specify a reduced PAL level(s) in the 

PAL permit to become effective on the 

future compliance date(s) of any 

applicable federal or state regulatory 

requirement(s).

Meets 40 CFR 

51.165(f)(6)(1)(i) & 

51.166(w)(6)(1)(i) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.190-1 

Evaluation of Revisions to 30 TAC 116.190 – Federal Nonattainment and Prevention of 

Significant Deterioration Review 

I. Background of 30 TAC 116.190 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.190 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a new 

30 TAC 116.184, adopted January 11, 2006; effective February 1, 2006. 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424.

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.190, adopted 

February 9, 2011; effective March 3, 2011. The submittal includes the 

following: 

a) Revision to subsection (a); and 

b) Resubmittal of revisions to §116.190 previously submitted 

February 1, 2006. 

II. Evaluation Matrix of 30 TAC 116.190 

Annotation of Submitted Revisions to §116.190 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.190. Federal Nonattainment and Prevention of Significant Deterioration 

Review

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2) 

(a) An increase in emissions from 

operational or physical changes at a 

facility covered by a plant-wide 

applicability limit (PAL) permit is 

insignificant, for the purposes of federal 

new source review under this subchapter, 

if the increase does not exceed the PAL.

(a) An increase in emissions from 

operational or physical changes at a 

facility, or emissions unit at a major 

stationary source, covered by a plantwide applicability limit (PAL) permit is 

insignificant, for the purposes of federal 

new source review under this subchapter, 

if the increase does not exceed the PAL.

Meets 40 CFR 

51.165(f)(1)(iii), and 

(f)(1)(iii)(A)-(B) and 

51.166(w)(1)(ii) and 

(w)(1)(ii)(a)-(b) 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.190-2 

Annotation of Submitted Revisions to §116.190 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(b) At no time are emissions reductions of a PAL pollutant that occur during the 

PAL effective period creditable as decreases for purposes of offsets unless the level of 

the PAL is reduced by the amount of such emissions reductions and such reductions 

would be creditable in the absence of the PAL.

Meets 40 CFR 

51.165(f)(4)(ii) and 

51.166(w)(4)(ii) 

(c) A physical or operational change not causing an exceedance of a PAL is not 

subject to federal restrictions on relaxing enforceable emission limitations to avoid 

new source review.

Meets 40 CFR 

51.165(f)(1)(iii)(C), 

51.165(a)(5)(ii) , 

51.166(w)(1)(ii)(c), 

and 51.166(r)(2) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.192-1 

Evaluation of Revisions to 30 TAC 116.192 – Amendments and Alterations 

I. Background of 30 TAC 116.192 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.192 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a 

new 30 TAC 116.192, adopted January 11, 2006; effective February 1, 

2006. EPA disapproved the February 1, 2006, submittal on September 15, 

2010, 75 FR 56424.

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.192, adopted 

February 9, 2011; effective March 3, 2011. The submittal includes the 

following: 

a) Revisions to paragraphs (a)(1) and (2); 

b) New subsection (c); and 

c) Resubmittal of revisions to §116.192 previously submitted 

February 1, 2006. 

II. Evaluation Matrix of 30 TAC 116.192 

Annotation of Submitted Revisions to §116.192 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.192. Amendments and Alterations

(a) Any increase in a plant-wide applicability limit (PAL) must be made through 

amendment. Amendment applications must also include the information identified in 

§116.182 of this title (relating to Plant-wide Applicability Limit Permit Application) 

for new and modified facilities contributing the increase in emissions so as to cause 

the major stationary source’s emissions to equal or exceed its PAL and are subject to 

public notice requirements under §116.194 of this title (relating to Public Notice and 

Comment).

Meets 40 CFR 

51.165(f)(11)(i)(A) and 

51.166(w)(11)(i)(a) 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.192-2 

Annotation of Submitted Revisions to §116.192 Comments 

Pending. 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(1) As part of this application, the 

major stationary source owner or 

operator shall demonstrate that the sum 

of the baseline actual emissions of the 

small facilities, plus the sum of the 

baseline actual emissions of the 

significant and major facilities assuming 

application of best available control 

technology equivalent controls, plus the 

sum of the allowable emissions of the 

new or modified facilities exceeds the 

PAL. The level of control that would 

result from BACT equivalent controls on 

each significant and major facility shall 

be determined by conducting a new 

BACT analysis at the time the 

application is submitted, unless the 

facility is required to comply with BACT 

or lowest achievable emission rate 

(LAER) requirement that was established 

within the preceding ten years. In such 

case, the assumed control level for that 

emissions unit shall be equal to the level 

of BACT or LAER with which that 

emissions unit must currently comply.

(1) As part of this application, the 

major stationary source owner or 

operator shall demonstrate that the sum 

of the baseline actual emissions of the 

small facilities, plus the sum of the 

baseline actual emissions of the 

significant and major facilities assuming 

application of best available control 

technology (BACT) (as identified in 

§116.160(c)(1)(A) of this title (relating to 

Prevention of Significant Deterioration 

Requirements)) equivalent controls, plus 

the sum of the allowable emissions of the 

new or modified facilities exceeds the 

PAL. The level of control that would 

result from BACT equivalent controls on 

each significant or and major facility 

shall be determined by conducting a new 

federal BACT analysis at the time the 

application is submitted, unless the 

facility is required to comply with a 

federal BACT or lowest achievable 

emission rate (LAER) requirement that 

was established within the preceding ten 

years. In such case, the assumed control 

level for that emissions unit shall be 

equal to the level of federal BACT or 

LAER with which that emissions unit 

must currently comply.

Meets 40 CFR 

51.165(f)(11)(i)(B) 

and 

51.165(w)(11)(i)(b) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.192-3 

Annotation of Submitted Revisions to §116.192 Comments 

Pending. 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(2) The owner or operator shall 

obtain a federal new source review 

permit for all facilities contributing to the 

increase in emissions so as to cause the 

major stationary source’s emissions to 

equal or exceed its PAL, regardless of the 

magnitude of the emissions increase. 

These facilities shall comply with any 

emissions requirements resulting from 

the review process.

(2) The owner or operator shall 

obtain a major new source review permit 

under applicable provision of Subchapter 

B, Division 5 and Division 6 of this 

chapter (relating to Nonattainment 

Review Permits; and Prevention of 

Significant Deterioration Review, 

respectively) federal new source review 

permit for all facilities contributing to the 

increase in emissions so as to cause the 

major stationary source’s emissions to 

equal or exceed its PAL, regardless of the 

magnitude of the emissions increase. 

These facilities shall comply with any 

emissions requirements resulting from 

the review process.

Meets 40 CFR 

51.165(f)(11)(i)(C) 

and 

51.165(w)(11)(i)(c) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(3) The PAL permit shall require that the increased PAL level be effective on the 

day any emission unit that is part of the PAL major modification becomes operational 

and begins to emit the PAL pollutant.

Meets 40 CFR 

51.165(f)(11)(i)(D) 

and 

51.165(w)(11)(i)(d) 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011-2 

Rev submitted 3/11/2011-2 

(4) The new PAL shall be the sum of 

the allowable emissions for each 

modified or new facility, the sum of the 

baseline emissions of the significant and 

major emissions units after the 

application of BACT equivalent controls 

as identified in paragraph (1) of this 

subsection, plus the sum of the baseline 

actual emissions of the small emissions 

units.

(4) The new PAL shall be the sum of 

the allowable emissions for each 

modified or new facility, the sum of the 

baseline emissions of the significant and 

major emissions units after the 

application of BACT equivalent controls 

as identified in paragraph (1) of this 

subsection, plus the sum of the baseline 

actual emissions of the small emissions 

units.

Meets 40 CFR 

51.165(f)(11)(ii) and 

51.166(w)(11)(ii) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.192-4 

Annotation of Submitted Revisions to §116.192 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010 

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2* 

(b) Changes to PAL permits that do not require the PAL to be increased must be 

completed through permit alteration. Unless allowed in the PAL permit special 

conditions, the permit holder shall submit an alteration request prior to start of 

construction for physical modifications to facilities or installation of new facilities 

under the PAL. Approval must be received from the executive director prior to start 

of operation of the facilities if the emissions from the new or modified facility may 

exceed 100 tons per year.

Subsection (b) meets 

Federal requirements 

at 40 CFR 

51.165(f)(1)(iii) and 

51.166(w)(1)(ii)2

Pending. 

Rev submitted 3/11/2011-2 

(c) Acceptance of a PAL permit is agreement by the permit holder for the executive 

director to reopen the PAL permit consistent with the requirements of §116.194 of 

this title for any actions in paragraphs (1) or (2) of this subsection.

Relates to grounds for 

the 9/15/2010 

disapproval 

The submittal of 30 TAC 

116.192(c) on 

3/11/2011-2 address 

these grounds for 

disapproval. 

See section IV.C.1.ii 

further information 

(1) During the PAL effective period, the executive director shall reopen the PAL 

permit to:

(A) correct typographical or calculation errors made in setting the PAL or 

reflect a more accurate determination of emissions used to establish the PAL;

(B) decrease the PAL limit the owner or operator of the major stationary source 

creates creditable emissions reductions that meet the requirements of 40 Code of 

Federal Regulations (CFR) §51.165(a)(3)(ii) for use as offsets; and

(C) revise the PAL to reflect an increase in the PAL provided the owner or 

operator complies with the requirements of 40 CFR §52.21(aa)(11) and 

§51.166(f)(11).

(2) During the PAL effective period, the executive director may reopen the PAL 

for the following:

(A) revise the PAL to reflect newly applicable federal requirements (for 

example, New Source Performance Standards) with compliance dates after the PAL 

effective date;

(B) revise the PAL to be consistent with any other requirement, that is 

enforceable as a practical matter, and that the State may impose on the major 

stationary source under the state Implementation Plan; or

(C) reduce the PAL if the reviewing authority determines that a reduction is 

necessary to avoid causing or contributing to a National Ambient Air Quality 

Standard or Prevention of Significant Deterioration increment violation, or to an 

adverse impact on an air quality related value that has been identified for a Federal 

Class I area by a federal land manager and for which information is available to the 

general public.

 2

 Additional information is provided in section III which immediately follows this table. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.192-5 

III. Addditional Information on 30 TAC 116.192(b) 

A. 30 TAC 116.192(b) applies to any physical an operational changes under a PAL 

that “maintains its total source-wide emissions below the PAL level.” The 

applicable federal requirements that govern this type of change are found at 40 

CFR 51.165(f)(1)(iii) and 51.166(w)(1)(ii). These rules provide in relevant part: 

Any physical change in or change in the method of operation of a major 

stationary source that maintains its total source-wide emissions below the PAL 

level, ...: 

Is not a major modification for the PAL pollutant; 

Does not have to be approved through the plan's major NSR program[.] 

Emphasis added. 

B. This is interpreted in the Technical Support Document for the Prevention of 

Significant Deterioration and Nonattainment Area New Source Review 

Regulations, November 2002, where EPA addresses the issue of changes to a 

PAL permits that do not cause major NSR. There EPA states: 

We agree that any change at your source that can be accomplished under 

that PAL should not trigger major NSR. ... [N]ew emissions units that can be 

added without exceeding the PAL will not be required to install BACT or 

LAER. No Major NSR “look back” is required at renewal. BACT and LAER 

will be applied retroactively, however, if you exceed your PAL without prior 

approval from the reviewing authority. 

We also agree that your State minor NSR program continues to apply to 

all changes at the source that are accomplished under the PAL. Under the 

final PAL provisions, by definition, all such changes (regardless of the size of 

the change itself) are below major NSR significance levels and, as such, may 

be subject to minor NSR. 

Emphasis added. See November 2002 TSD at Section 7.73, page I-7-41. This 

document is available at: http://www.epa.gov/air/nsr/documents/nsr-tsd_11-22-

02.pdf. 

C. Texas’s rule at 30 TAC 116.192(b) meets the requirements of 40 CFR 

51.165(f)(1)(iii) and 51.166(w)(1)(ii) and the above interpretation in the 

November 2002 TSD as follows: 

1. For a change under a PAL Permit that does not require the PAL to be 

increased TCEQ uses a provisions of its SIP approved minor NSR 

program to authorize such change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.192-6 

2. Specifically, TCEQ uses the permit alteration process provided under 30 

TAC 116.116(c)3

, which is part of the approved Texas SIP, to authorize 

such change. Paragraph (b) applies only to “[c]hanges to PAL permits that 

do not require the PAL to be increased” See 30 TAC 116.192(b). 

Emphasis added. In contrast, any change to a Changes to PAL permit that 

results in or requires the PAL to be increased must follow the requirement 

under 30 TAC 116.192(a) which requires the change to undergo Major 

NSR. 

D. EPA’s Evaluation of 30 TAC 116.192(b)

1. This rule applies only to changes to a PAL the do not require the PAL to 

be increased. Such changes are not subject to Major NSR under 40 CFR 

51.165(f)(1)(iii) and 51.166(w)(1)(ii). 

2. Any such change that does not require the PAL to be increased may be 

authorized under a State’s SIP-approved Minor NSR Program. 30 TAC 

116.192(b) uses a permit alteration to authorize this type of change. Permit 

alterations are approved as part of the Texas SIP. The November 2002 

TSD allows such changes that do not increase the PAL to be authorized by 

a State’s SIP-approved Minor NSR Program. 

3. Accordingly, the requirements of 30 TAC 116.192(b) meet the 

requirements of 40 CFR 51.165(f)(1)(iii) and 51.166(w)(1)(ii) and are 

approvable. 

 3

 The requirements of 30 TAC 116.116(c) were approve into the Texas SIP at 67 FR 58697, September 18, 

2002. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.196-1 

Evaluation of Revisions to 30 TAC 116.196 – Renewal of a Plant-wide Applicability Limit 

Permit 

I. Background of 30 TAC 116.196 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.196 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a 

new 30 TAC 116.196, adopted January 11, 2006; effective February 1, 

2006. EPA disapproved the February 1, 2006, submittal on September 

15, 2010, 75 FR 56424. 

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.196, adopted 

February 9, 2011; effective March 3, 2011. This SIP submittal is a 

resubmittal of the revisions to 30 TAC 116.196 previously submitted 

February 1, 2006, with no further changes. 

II. Evaluation Matrix of 30 TAC 116.196 

Annotation of Submitted Revisions to §116.196 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.196. Renewal of a Plant-wide Applicability Limit Permit.

(a) A stationary source owner or operator shall submit a timely application to the 

executive director to request renewal of a plant-wide applicability limit (PAL). A 

timely application is one that is submitted at least six months prior to, but not earlier 

than 18 months from, the date of permit expiration. If the owner or operator of a 

stationary source submits a complete application to renew the PAL within this time 

period, then the PAL shall continue to be effective until the revised permit with the 

renewed PAL is issued or the PAL voided.

Meets 40 CFR 

51.165(f)(10)(ii) and 

51.166(w)(10)(ii) 

(b) All PAL permits issued prior to the effective date of this section are subject to 

the renewal requirements under this section. These permits must be renewed by the 

later of December 31, 2006, or within the time frame specified in subsection (a) of 

this section, whichever is later.

Meets 40 CFR 

51.165(f)(15) and 

51.166(w)(15)

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.196-2 

Annotation of Submitted Revisions to §116.196 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*

(c) The following information must be submitted with a PAL renewal application: Meets 40 CFR 

51.165(f)(10)(iii) & 

51.166(w)(10)(iii) 

(1) a proposed PAL level. Meets 40 CFR 

51.165(f)(10)(iii)(B) & 

51.166(w)(10)(iii)(b) 

(2) information as identified in §116.182(1) of this title (relating to Plant-wide 

Applicability Limit Permit Application; and.

Meets 40 CFR 

51.165(f)(3)(i) and 

51.166(w)(3(i) 

(3) any other information the owner or operator wishes the executive director to 

consider in determining the appropriate level for renewing the PAL.

Meets 40 CFR 

51.165(f)(10)(iii)(D) 

and 

51.166(w)(10)(iii)(d) 

(d) The proposed PAL level and a written rationale for the proposed PAL level are 

subject to the public notice requirements in §116.194 of this title (relating to Public 

Notice and Comment). During such public review, any person may propose a PAL 

level for the source for consideration by the executive director.

Meets 40 CFR 

51.165(f)(10)(i) and 

51.166(w)(10)(i) 

(e) The renewed PAL shall not exceed the potential to emit of the stationary source 

and shall not be set at a level higher than the current PAL, unless the PAL is being 

amended in accordance with §116.192(a) of this title (relating to Amendments and 

Alterations) concurrently with the renewal. The executive director may adjust the 

renewed PAL in accordance with the following.

Meets 40 CFR 

51.165(f)(10)(iv)(C) 

and 

51.166(w)(10)(iv)(c) 

(1) If the emissions level calculated in accordance with §166.188 of this title 

(relating to Plant-wide Applicability Limit) is equal to or greater than 80% of the PAL 

level, the PAL may be renewed at the same level.

Meets 40 CFR 

51.165(f)(10)(iv)-

(C)(1) and 

51.166(w)(10)(iv)-

(c)(1) 

(2) If the emissions level calculated in accordance with §166.188 of this title is 

less than 80% of the PAL level, the executive director may set the PAL at a level that 

is determined to be more representative of the source’s baseline actual emissions, or 

that is determined to be more appropriate considering air quality needs, advances in 

control technology, anticipated economic growth in the area, desire to reward or 

encourage the source’s voluntary emissions reductions, or other factors as specified 

by the executive director in written rationale.

Meets 40 CFR 

51.165(f)(10)(iv)-

(C)(2) and 

51.166(w)(10)(iv)-

(c)(2) 

(f) If the compliance date for a state or federal requirement that applies to the PAL 

source occurs during the PAL effective period, and if the executive director has not 

already adjusted for such requirement, the PAL shall be adjusted at the time of PAL 

renewal of federal operating permit renewal, whichever occurs first.

Meets 40 CFR 

51.165(f)(10)(v) and 

51.166(w)(10)(v) 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.198-1 

Evaluation of Revisions to 30 TAC 116.198 – Expiration or Voidance 

I. Background of 30 TAC 116.198 

A. Current SIP. This section is not currently SIP-approved.

B. Submitted SIP Revisions to 30 TA C 116.198 Reviewed in this Action

1. February 1, 2006, and resubmitted March 3, 2011. Texas submitted a new 

30 TAC 116.198, adopted January 11, 2006; effective February 1, 2006. 

EPA disapproved the February 1, 2006, submittal on September 15, 2010, 

75 FR 56424. 

2. March 11, 2011. Texas submitted revisions to 30 TAC 116.198, adopted 

February 9, 2011; effective March 3, 2011. This SIP submittal is a 

resubmittal of the revisions to 30 TAC 116.198 previously submitted 

February 1, 2006, with no further changes. 

II. Evaluation Matrix of 30 TAC 116.198 

Annotation of Submitted Revisions to §116.198 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*1

§116.198. Expiration or Voidance

(a) A plant-wide applicability limit (PAL) permit shall expire ten years after the 

date of issuance if the renewal is not submitted in accordance with §116.196(a) of this 

title (relating to Renewal of a Plant-wide Applicability Limit Permit).

Meets 40 CFR 

51.165(f)(9) and 

51.166(w)(9)

(b) Owners or operators of major stationary sources who decide not to renew their 

PAL will, within the time frame specified for PAL renewal applications in 

§116.196(a) of this title, submit a proposed allowable emission limit for each facility 

(or group of facilities, if such a distribution is more appropriate as decided by the 

executive director) by distributing the PAL allowable emissions for the major 

stationary source among each of the facilities that existed under that PAL. If the PAL 

had not yet been adjusted for an applicable requirement that became effective during 

the PAL effective period, the distribution shall be made as if the PAL had been 

adjusted.

Meets 40 CFR 

51.165(f)(9)(i)(A) and 

51.166(w)(9)(i)(a) 

 1

 In this chart, 3/11/2011-2 refers to Rule Project No. 2010-008-116, relating to New Source Review (NSR) 

Reform submitted March 11, 2011. An asterisk (*) indicates that the provision was a resubmittal of the same 

provisions previously submitted on February 1, 2006, without change. 
TECHNICAL SUPPORT DOCUMENT 

Appendix 

Annotation and Evaluation 

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

Modification 

Subchapter C – Plantwide Applicability Limits 

Division 1 – Plantwide Applicability Limits 

§§116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.196, and 116.198 

Page 116.198-2 

Annotation of Submitted Revisions to §116.198 Comments 

Pending. Revision submitted 2/1/2006 was disapproved 9/15/2010

Rev submitted 2/1/2006; Resubmitted 3/11/2011-2*

(c) The executive director shall decide whether and how the PAL allowable 

emissions will be distributed and issue a revised permit incorporating allowable limits 

for each facility, or each group of facilities, as the executive director determines is 

appropriate. Each facility shall comply with the allowable emission limitation on a 

12-month rolling basis. The executive director may approve the use of monitoring 

systems (source testing, emission factors, etc.) other than a continuous emission 

monitoring system, or continuous parameter monitoring system to demonstrate 

compliance with the allowable emission limitation.

Meets 40 CFR 

51.165(f)(9)(i)(B), 

51.165(f)(9)(ii), 

51.166(w)(9)(i)(b), and 

51.166(w)(9)(ii) 

(1) Until the executive director issues the revised permit incorporating allowable 

limits for each facility, or group of facilities, the source shall continue to comply with 

a source-wide multi-unit emissions cap equivalent to the level of the PAL emission 

limitation.

Meets 40 CFR 

51.165(f)(9)(iii) and 

51.166(w)(9)(iii) 

(2) Any physical change or change in the method of operation at the major 

stationary source will be subject to federal new source review requirements if the 

change meets the definition of major modification in §116.12 of this title (relating to 

Nonattainment and Prevention of Significant Deterioration Definitions).

Meets 40 CFR 

51.165(f)(9)(iv), 

51.165(f)(7)(v), 

51.166(w)(9)(iv), and 

51.166(w)(7)(v) 

(3) The major source owner or operator shall continue to comply with any state 

or federal applicable requirements during the PAL effective period.

Meets 40 CFR 

51.165(f)(9)(v) and 

51.166(w)(9)(v)