## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

January 23, 2013

Amendments to the Texas New Source Review (NSR) State Implementation Plan (SIP) submitted by the Texas Commission on Enviro nmental Quality (TCEQ) on November 29, 1994; March 13, 1996; July 22, 1998; October 25, 1999; September 11, 2000; April 12, 2001; July 31, 2002, September 4, 2002; October 4, 2002; September 25, 2003; July 2, 2010, October 5, 2010, and October 21, 2013.

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

FOR FURTHER INFORMATION CONTACT: Stephanie Kordzi United States Environmen tal Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-7520

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

2 Table of Contents

I. Introduction
A. Overview
B. What are we addres sing in this action?
C. What are we not addr essing in this action?

II. History of Texas Flexible Permit Pr ogram Submittals and EPA’s Actions A. EPA’s July 15, 2010, Disapproval of the Flexible Permit Program Rules B. US Court of Appeals for the Fift h Circuit Court’s August 13, 2012, Decision C. TCEQ’s October 21, 2013, Flexible Permit Program SIP Submittal

III. Overview of the Texas Flexible Permit Program SIP Submittals A. Evaluation of the November 29, 1994 Submittal B. Evaluation of the March 13, 1996 Submittal C. Evaluation of the July 22, 1998 Submittal D. Evaluation of the October 25, 1999 Submittal E. Evaluation of the September 11, 2000 Submittal F. Evaluation of the April 12, 2001 Submittal G. Evaluation of the September 4, 2002 Submittal H. Evaluation of the October 4, 2002 Submittal I. Evaluation of the September 25, 2003 Submittal J. Evaluation of the July 2, 2010 Submittal K. Evaluation of October 5, 2010 Submittal L. Evaluation of October 21, 2013 Submittal

IV. Technical Evaluation of the Texa s Flexible Permit SIP Submittals. A. Part 51, Appendix V Evaluation of the SIP Submittal

V. Do the State’s Submittals Meet th e Applicable Federal Requirements? A. Public Participation Requirements for Minor NSR Programs

VI. EPA’s Evaluation of the Flexible Permit Program

APPENDIX List of companies provided by the TCEQ on December 18, 2013, that currently have or historically had co verage under a flexible permit issued prior to the rules becoming SIP approved.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

3 I. Introduction

A. Overview.

This Technical Support Document (TSD) is a technical evaluation of submitted amendments to the Texas State Implementati on Plan (SIP) that relate to Flexible Permits. Specifically, this is an evalua tion of SIP amendments to the following Chapters under Title 30 of the Texas Admini strative Code (30 TA C) that relate to
Flexible Permits:

 Chapter 39 – Public Pa rticipation; and

 Chapter 116 – Control of Air Pollution by Permits for New Construction and
Modification.

Throughout this document, the following terms and abbreviations have the following meanings except where otherwise stated:

• “EPA,” “we,” “us,” and “our” means the Environmental Protection Agency;

• “Act” and “CAA” mean the Federal Clean Air Act;

• “NSR” means New Source Review;

• “PSD” means Prevention of Significant Review;

• “NNSR” means Nonattainme nt Area New Source Review;

• “TCEQ”, Texas Natural Resource C onservation Commission, “TNRCC”, and “Texas” means the Texas Commission on Environmental Quality; and

• “NAAQS” means National Ambient Air Quality Standards.

B. What are we addressing in this action?

This TSD reviews portions of twelve proposed amendments to the Texas SIP pertaining to the Flexible Permit Program. This review will determine if the amendments are consistent with the requi rements of the CAA and EPA’s policy and guidance. The following twelve SIP amendmen ts are the subject of this TSD. Table 1 summarizes the provisions that Texas submitted. Table 1 identifies each individual SIP submittal that is affected by this action.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

4 Table 1 - Summary of Each Flexible Permit SI P Submittal That is Only Affected by This
Action

Title of SIP submittal Date submitted to EPA Date of State adoption Regulations affected

Flexible Permits 11/29/1994 11/16/1994 Amendment to 30 TAC §
116.110 Adoption of New 30 TAC § 116.13 and New Subchapter G, 30 TAC §§ 116.710, 116.711, 116.714, 116.715, 116.716, 116.717, 116.718, 116.720, 116.721, 116.722, 116.740, 116.750, and 116.760. Qualified Facilities and Modifications to Existing
Facilities 3/13/1996 2/14/1996 Amendment of 30 TAC § 116.10
to add new definition of “modification of existing facility” at (F).

NSR Rule Amendments; section 112(g) Rule Review for Chapter 116 7/22/1998 6/17/1998 Repeal and new 30 TAC § 116.10(9)(F), 116.13 and 116.110(a)(3) adopted. Amendments to Subchapter G, 30 TAC §§ 116.710, 116.711, 116.714, 116.715, 116.721, 116.730, and 116.750. Public Participation (HB 801) 10/25/1999 9/2/1999 Amendment to Subchapter G, 30 TAC § 116.740.

Air Permits (SB-766)-
Phase II 9/11/2000 8/9/2000 Amendments to Subchapter G, 30 TAC §§ 116.710, 116.715, 116.721, 116.722, and 116.750.

Emissions Banking and Trading 4/12/2001 3/7/2001 Amendments to Subchapter G, 30 TAC §§ 116.711 and 116.715.

House Bill 3040: Shipyard Facilities and
NSR Maintenance
Emissions 9/4/2002 8/21/2002 Amendment to 30 TAC § 116.10, re-designating 30 TAC §§ 116.10(9)(F) to 116.10(11)(F).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

5 Title of SIP submittal Date submitted to EPA Date of State adoption Regulations affected

Amendments to Subchapter G, 30 TAC §§ 116.711 and 116.715.

Air Fees 10/4/2002 9/25/2002 Amendments to Subchapter G, 30 TAC § 116.750.

Offset Certification, New Source Review Permitting
Processes and Extensions
for Construction 9/25/2003 8/20/2003 Amendment to Subchapter G, 30 TAC § 116.715

Public Notice Applicability to Air Quality Permits and
Permit Amendments 7/2/2010 6/2/2010 New Chapter 39.402(a)(4) and (a)(5) establishing applicability of the Chapter 39 public notice provisions to applications for new
and amended Flexible Permits.
BACT and Qualified Facility Air Permit Program 10/5/2010 9/15/2010 Amendments to 30 TAC § 116.10(9)(E) only in this action.

Flexible Permit Program 10/21/2013 12/14/2010 Amendments to 30 TAC §§ 116.13(3) and (5); 116.711(2)(M)(iv) & (vii); 116.715(c)(5)(A) & (B), 116.715(c)(6)(A), (c)(6)A)(i) and (ii), 116.715(d), except specific text; 116.715(f), excluding 715(f)(2)(A), 116.716(a), 116.716(c), (c)(1)(A) and (B), 116.716(c)(2), 116.716(c)(3), 116.716(c)(4), and 116.716(d)[new] and (e) and the repeal of 116.716(d).
Grandfathered Facilities 5/22/2002 Withdrawal 30 TAC §§ 116.793 – 116.802 and 116.804-116.807, adopted May 22, 2002, except Section 116.794(11), 116.795(f) and 116.799(a), which were returned to the Commission by letter from EPA dated June 29, 2011; and Section 116.803, adopted August 21, 2002.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

6 C. What are we not addressing in this action?

The following Table 2 identifies each individu al rule provision contained in each SIP
submittal that is not affected by this action.

Table 2: Identification of SIP Submittal Provisions That Are Not Part of This Proposal

Title of SIP submittal Date submitted to EPA Date of State adoption Regulations Not Affected by This Proposal
Flexible Permits 11/29/1994 11/16/1994 30 TAC §§ 116.716(a) and (d);
116.730.

30 TAC § 116.730 was
withdrawn from our consideration as a SIP revision on October 21,
2013. Qualified Facilities and Modifications to Existing
Facilities 3/13/1996 2/14/1996 Amendments to 30 TAC §§ 116.10, 116.116, 116.112 and
116.117 were resubmitted on March 25, 2011 and will be addressed in a separate rulemaking. 30 TAC § 116.118 was disapproved on April 14,
2010. See 75 FR 19468. NSR Rule Amendments; section 112(g) Rule Review for Chapter 116 7/22/1998 6/17/1998  Amendments to 30 TAC §§ 116.11, 116.110, 116.111, 116.112, 116.114, 116.115, 116.116, 116.120, 116.121, 116.122, 116.124, 116.125, 116.126, 116.130 – 116.134, 116.137, 116.140, 116.141, 116.143, 116.160, 116.161, 116.170, were SIP-approved on September 18, 2002. See 67 FR
58697.

 Amendments to 30 TAC §§

116.14, 116.610, 116.611,116.614, 116.615 were SIPapproved November 14, 2003.
See 68 FR 64543.

 Amendments to 30 TAC §

116.313 were SIP-approved March 20, 2009. See 74 FR
11851.

 Amendments to 30 TAC §§

116.10(1), 116.10(2), 116.10(11)(E), 116.10(16), 116.116(e), 116.117, 116.118

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

7 Title of SIP submittal Date submitted to EPA Date of State adoption Regulations Not Affected by This Proposal were disapproved on April 14,
2010. See 75 FR 19468.

 Amendments to 30 TAC §

116.174 were SIP-approved on November 2, 2011. See 76 FR
67600.

 Amendments to 30 TAC §

116.314 were SIP-approved on November 14, 2011. See 76 FR
70354.

 30 TAC § 116.124 was repealed

by the TCEQ. EPA repealed from the Texas SIP on January 6, 2014. See 79 FR 551.

 30 TAC § 116.312 was SIPapproved January 6, 2014. See
79 FR 551.

 TCEQ repealed and withdrew

the amendments to 116.621 on March 9, 2006.

 TCEQ repealed and withdrew

the amendments to 116.180 – 116.183 on January 11, 2006.

 TCEQ withdrew 116.730 from

our consideration on October 21, 2013.

 30 TAC §§ 116.15, 116.110(c),

116.111(2)(K), 116.115(c)(2)(B)(ii)(1), 116.116(b)(3), 116.130(c), 116.311(a)(5), 116.610(d) and 116.620(a)(13) were returned to the state by letter June 29, 2011 as outside the scope of the SIP.

Public Participation (HB 801) 10/25/1999 9/2/1999  On July 2, 2010, TCEQ
withdrew from SIP
consideration the entirety of the October 25, 1999, SIP submittal, with the exception of 30 TAC §§ 39.411(a), 39.418(b)(4), and 55.152(b). EPA separately approved those provisions on November 25,
2013. See EPA-R06-OAR2010-0612.

 30 TAC 116.111(a)(2)(K)

returned to state.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

8 Title of SIP submittal Date submitted to EPA Date of State adoption Regulations Not Affected by This Proposal Air Permits (SB-766)-
Phase II 9/11/2000 8/9/2000  Amendments to 30 TAC § 101.333 were SIP-approved on January 3, 2011. See 76 FR 16.

 Amendments to 30 TAC §§

116.110, 116.116, and 116.603 were SIP-approved on November 14, 2003. See 68 FR
64543.

 30 TAC § 116.620 is being

addressed in a separate rulemaking.

 30 TAC § 116.621 was repealed

and withdrawn on March 9,
2006.

 Amendments to 30 TAC §

116.10 will be addressed in a separate rulemaking.

 30 TAC § 116.10(5)(F) was

returned to TCEQ on June 29, 2011, as outside the scope of
the Texas SIP. Emissions Banking and Trading 4/12/2001 3/7/2001  Amendments to 30 TAC §§ 116.111, 116.115, 116.610 and 116.615 were SIP-approved on September 6, 2006. See 71 FR
52664.

House Bill 3040: Shipyard Facilities and

NSR Maintenance

Emissions 9/4/2002 8/21/2002  Amendments to 30 TAC § 116.111 were SIP-approved on August 27, 2007. See 72 FR
49198.

 Amendments to 30 TAC §

116.311 were SIP-approved on November 14, 2011. See 76 FR
70354.

 New 30 TAC § 116.315 was

SIP-approved on March 11,
2010. See 75 FR 11464.

 Amendments to 30 TAC §

116.615 were SIP-approved on August 27, 2007. See 72 FR
49198.

 New 30 TAC § 116.778 was

proposed for SIP approval on October 25, 2013. See 78 FR
63929.

 New 30 TAC § 116.919 was

proposed for SIP approval on October 25, 2013. See 78 FR

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

9 Title of SIP submittal Date submitted to EPA Date of State adoption Regulations Not Affected by This Proposal
63929.

 New 30 TAC § 116.803 was

withdrawn on October 21, 2013.

 On October 21, 2013, TCEQ

withdrew 30 TAC § 116.711(3) (last sentence only) and (11), as amended August 21, 2002, and
all earlier versions. Withdrew 30 TAC § 116.715(a), only with regard to the text “Subchapter C of this chapter (relating to
Hazardous Air Pollutants: Regulations Governing
Constructed or Reconstructed Major Sources (FCAA Section 112(g), 40 CFR Part 63)”; 30 TAC § 116.311(a)(6).
Air Fees 10/4/2002 9/25/2002  EPA returned 30 TAC §§ 101.24 and 101.27 on December 28, 2009 as outside the scope of the
Texas SIP.

 Amendme

nts to 30 TAC §§ 116.141, 116.143, 116.163, 116.313, and 116.614 were SIP-approved on March 20, 2009. See 74 FR
11851.

 New 30

TAC § 106.50 was SIPapproved on March 20, 2009.
See 74 FR 11851. Offset Certification, New Source Review Permitting

Processes and Extensions

for Construction 9/25/2003 8/20/2003  On March 20, 2009, EPA SIPapproved the repeal of 30 TAC §§ 116.170 and new 116.170, new 116.172, amendments to 116.12, amendments to 116.143, amendments to 116.150, and amendments to
116.313. See 74 FR 11851.

 New 30 TAC § 116.120 was

SIP-approved on April 2, 2010.
See 75 FR 16671.

 Amendments to 30 TAC §

116.114 were SIP-approved on March 8, 2010. See 75 FR
10416.

 Amendments to 30 TAC §

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

10 Title of SIP submittal Date submitted to EPA Date of State adoption Regulations Not Affected by This Proposal 116.115 were SIP-approved on April 2, 2010. See 75 FR
16671.

 Amendments to 30 TAC §

116.315were SIP-approved on March 11, 2010. See 75 FR
11464.

 TCEQ withdrew 30 TAC §

116.715(c)(6) on October 21,
2013.
Public Notice Applicability to Air Quality Permits and

Permit Amendments 7/2/2010 6/2/2010 On November 19, 2013, EPA SIP-approved the following provisions:

 30 TAC §§ 39.402(a)(1) – (3)

and (a)(6);

 30 TAC §§ 39.405(f)(3) and

(g), (h)(1)(A), (h)(2) – (h)(4), (h)(6), (h)(8) – (h)(11), (i) and (j);

 30 TAC § 39.407;

 30 TAC § 39.409;

 30 TAC §§ 39.411(a), (e)(1) –

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

 30 TAC § 39.418(a), (b)(2)(A),

(b)(3) and (c);

 30 TAC § 39.419(e), (e)(1) and

(e)(2);

 30 TAC § 39.420(c)(1)(A)-

(D)(i)(I) and (D)(i)(II), (D)(ii), (c)(2), and (d)-(e);

 39.601 – 39.605;

 55.152; 55.154; 55.156;

 116.114; and 116.194. See

EPA-R06-OAR-2010-0612. BACT and Qualified Facility Air Permit Program 10/5/2010 9/15/2010 EPA will address the amendments
to 30 TAC §§ 116.10, 116.111, 116.116, (except as noted above in Table 1), 116.117 and new 116.17 in a separate rulemaking.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

11 Title of SIP submittal Date submitted to EPA Date of State adoption Regulations Not Affected by This Proposal Flexible Permit Program 10/21/2013 9/24/2013 TCEQ withdrew 30 TAC § 116.711(3) (last sentence only) and (11), as amended 8/21/2002, and all earlier versions; 30 TAC § 116.715(a), only with regard to the text “or Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA 112(g), 40 CFR Part 63)), as amended 8/21/2002, and all earlier versions; 30 TAC § 116.715(c)(6), as amended 8/20//2003, and all earlier versions; 30 TAC § 116.716(a) and (d), as adopted 11/16/1994; 30 TAC § 116.730, adopted 11/16/1994, and repealed and readopted 6/17/1998; 30 TAC § 116.740(b), adopted 6/17/1998
and amended 9/2/1999; 30 TAC §§ 116.793-116.802 and 116.804- 116.807, adopted 5/22/2002, except 116.794(11), 116.795(f), and 116.799(a), which were returned to the Commission by letter from EPA dated 6/20/2011; and 30 TAC § 116.803, adopted

8/21/2002.



## II. History of Texas Flexible Permit Program Submittals and EPA’s Actions

A. EPA’s July 15, 2010, Disapproval of th e Flexible Permit Program Rules

The EPA took final action to disapprove Flexible Permit amendments to the SIP on July 15, 2010, based on two main issues as outlined below. It did not meet the Minor NSR SIP requirements and it did not meet the NSR SIP requirements for a substitute Major NSR SIP amendment.

First, the program did not meet the following identified Minor NSR SIP

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

12 requirements, based on 1) not having an e xpress regulatory prohibi tion limiting its use to Minor NSR and no regulatory provision clea rly prohibiting the use of this submitted program from circumventing the major NS R SIP requirements; 2) not having an enforceable NSR Permitting program because it lacks requirements for enforcement and assurance of compliance with no specifi c upfront methodologies in the Program to be able to determine compliance; 3) l acking specialized monitoring, recordkeeping, and reporting (MRR) requirements. Further it lacks the replicable procedures that are necessary to ensure that a) adequate monitoring is required th at would accurately determine emissions under the flexible pe rmit cap; b) the Program is based upon sound science and meets generally acceptable scientific procedures for data quality and manipulation; and c) the information generated by such system meets minimum legal requirements for admissibility in a judi cial proceeding to enforce the Flexible Permit; 4) lacking replicable, specific implementation procedures for establishing an emission cap; 5) Failing to ensure that terms of Major NSR SIP permits are retained. Major stationary sources and major modifications could use the submitted Program to fundamentally change the way they comp ly with specific terms and conditions established in their Major NSR SIP permits; 6) Failing to meet statutory and regulatory requirements for a mi nor NSR SIP revision that is not consistent with EPA policy and guidance on Minor NSR SIP revisi ons; and 7) the t oo broad director discretion provision regarding whether or not to include MRR conditions in a Flexible Permit, and the lack of enforceability to de termine that the requested revision to add the new permit option will not interfere with any applicable requirement concerning attainment and reasonable further progress (R FP), or any other requirement of the Act.

Second, the program did not meet seven NSR SIP requirements for a substitute Major NSR SIP amendment based on 1) not clearly limiting to Minor NSR thereby potentially exempting new major stationary source construction a nd modifications to occur without a Major NSR permit; 2) not pr ohibiting the use of this Program from circumventing the Major SNR SIP requireme nts; 3) not demons trating the program was at least as stringent as the EPA Majo r NSR SIP program; 4) not requiring Major NSR applicability determinations based on actual emissions and on emissions increases and decreases (netting) that occur wi thin a major stationary source; 5) failing to meet requirements for a NSR SIP amendmen t and is not consistent with EPA policy and guidance on Major NSR SIP amendmen ts; 6) failing to include objective replicable methodology for calculating the emi ssions cap; and 7) providing for director
discretion that is too broad regarding whether or not to include MRR.

B. US Court of Appeals for the Fifth Circuit Court’s August 13, 2012, Decision

The US Court of Appeals for the Fift h Circuit Court granted the petition for review, vacated the EPA’s Approval of Texas’s Flexible Permit SIP plan, and remanded the Approval decision back to the EPA on August 13, 2012. The petition was granted based on 1) EPA not making findings demonstrating the Flexible Permit

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

13 Program “would interfere with any applicab le requirement concerning attainment of NAAQS or any other applicable requirement; 2) EPA’s rejection of the Texas program because it did not contain a prohibition regarding its use when Major NSR rules apply because the CAA does not require standards be drafted in negative terms; 3) EPA’s inability to explain why TCEQ’s use of Director Discretion does not meet CAA requirements ; 4) EPA’s insistence on a partic ular control measure is inconsistent with the principles of cooperative federalism that are an essential part of the CAA; and 5) EPA’s objection to emission cap use not being founded in the CAA or its implementing regulations. EPA provided no insight into how the emission caps interfere with NAAQS.

C. TCEQ’s October 21, 2013, Flexible Permit Program SIP Submittal

On September 24, 2013, the Commissione rs of the TCEQ considered the Submittal, Resubmittal, and Withdrawal of Sections to the SIP regarding the Flexible Permit Program. See Item 37 on the Agenda link: http://www.tceq.texas.gov/assets/public /comm_exec/agendas/comm/current/2013/130 924.pdf . The package was approved to be submitted to the EPA on October 21, 2013.

III. Overview of the Texas Flexible Permit Program SIP Submittals

The SIP amendments that relate to Flexible Permits are evaluated to determine whether they comply with the applicable re quirements of CAA §110 and with 40 CFR part 51 – Requirements for Preparation, Adoption, and Submittal of Implementation Plans. In the Appendix, we include annotations of the regulat ions submitted for review and a line-by-line evaluation of each provision of the regulat ions relating to Flexible Permits.

A. November 29, 1994 Submittal

On October 19, 1994, the TNRCC, predecessor to the TCEQ, adopted amendments to the Texas SIP to establish and implement the Flexible Permit Program in Texas. The TCEQ adopted the initial ru les for Flexible Permits at the new 30 TAC Chapter 116, Subchapter G - Flexible Permits; adding new Flexible Permit Definitions at 30 TAC Chapter 116, Subchapter A, S ection 116.13 – Flexible Permit Definitions; and revising the Permit Application provisi ons at 30 TAC Chapter 116, Subchapter B, Section 116.110(a) to authori ze the use of a Flexible Pe rmit for construction of any new minor facility and minor modification of any existing facility. Note that some portions of the November 29, 1994 submittal were later repealed and replaced in the July 22, 1998 submittal.

B. March 13, 1996 Submittal

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

14 On February 14, 1996, the TNRCC adopted amendments to the Texas SIP to modify air permit application procedures and evaluation criteria to provide more operational flexibility to facilities. This submittal specifically included amendments to the definition of “modification of existing f acility” in the General Definitions for Air Permitting at 30 TAC § 116.10(F) to address modifications under Flexible Permits. This submittal of 30 TAC § 116.10(F) for “modi fication of existing facility” was later repealed and replaced in the July 22, 1998 SIP submittal and is therefore not before
EPA for review.

C. July 22, 1998 Submittal

On June 17, 1998, the TNRCC adopted severable amendments that included the repeal and replacement of portions of the November 29, 1994 submittal and the entirety of the March 13, 1996. Specific to Flexible Permits, the July 22, 1998
submittal included a new definition of ``modifi cation of existing facility,'' at 30 TAC § 116.10(9)(F); repeal of and new Flexible Permit Definitions at 30 TAC §§ 116.13 and § 116.110; and amendments to the 30 TAC §§ 116.710, 116.711, 116.714, 116.715, 116.721, 116.730, 116.740, and 116.750. The definitions in 30 TAC § 116.13 were non-substantive. An operations certification requirement for flexible permits was
removed from 116.110. The amendments to the remaining sections added or clarified language regarding BACT, compliance w ith FCAA Section 112(g), or were nonsubstantive changes.

D. October 25, 1999 Submittal

On September 2, 1999, the TNRCC adopted amendments to the Texas SIP to implement Texas House Bill 801 to establish new procedures for public participation in environmental permitting. The TNRCC submitted these amendments as
amendments to the Texas SIP in a lett er dated October 25, 1999. The October 25, 1999, submittal included amendments to the Flexible Permits public participation provisions at 30 TAC § 116.740.

E. September 11, 2000 Submittal

On August 9, 2000, the TNRCC adopted amendments to 30 TAC Chapters 101, 106, and 116 to implement the remaining requirements of Senate Bill 766 from
the 76 th 

## Legislature. This included amendments to Chapter 116, Subchapter G, 30 TAC §§ 116.710, 116.715, 116.721, 116.722, and 116.750. The amendments to 30 TAC Chapters 101 and 116 implement the rema ining requirements of Senate Bill 766
from the 76 th 

## Legislature. The amendments triple emission fees for grandfathered
facilities with emissions in excess of 4,000 tons per year after September 1, 2001, update public participation requirements fo r the issuance of st andard permits, and make nonsubstantive changes to other related provisions.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

15 F. April 12, 2001 Submittal

On March 7, 2001, the TNRCC adopted amendments to Subchapter G, 30 TAC §§ 116.711 and 116.715. The amendments supplement the cap and trade program for the Houston/Galveston (HGA) ozone nonattainment area by clarifying that any source of emissions of nitrogen oxides (NOx) in the HGA area that uses certain permits, including flexible permits must obtain allowances for those emissions if the facility, or group of f acilities, has a collective design capacity to emit ten tons or more of NOx per year and is subject to an emission standard in 30 TAC Section Chapter 117 and by allowing the use of NOx allowances to meet the correlating portion of emissions offset requirements.

G. September 4, 2002 Submittal

On August 21, 2002, the TNRCC adopted amendments redesignating the definition of “modification of existing facility” from 30 TAC Section 116.10(9)(F) to 30 TAC Section § 116.10(11)(F). The amendments also clarified permit renewal application content requirem ents and implemented new compliance history evaluation requirements for permit renewals.

H. October 4, 2002 Submittal

On September 25, 2002, the TCEQ adopted amendments to various fee rules in Chapters 101, 106, and 116 including 116.750, Fl exible Permit Fee, and corresponding
amendments to the SIP. The increases were established to provide sufficient funding to meet the current appropriation levels for air program activities and to meet operational funding requirements for the Title V programs of the commission.

I. September 25, 2003 Submittal

On August 20, 2003, the TCEQ adopted amendments to Subchapter G , 30 TAC § 116.715. The Amendment requires emission reductions to be certified as emission reduction credits under 30 TAC Chapter 101, Subchapter H, except future
internal offsets which will continue to be certified under Chapter 116.

J. July 2, 2010 Submittal

On June 2, 2010, the TCEQ adopted amendments to the Texas rules concerning Public Notice at 30 TAC Chap ter 39; Requests for Reconsideration and Contested Case Hearings; Public Notice at 30 TAC Chapter 55; and Control of Air Pollution by Permits for New Constructi on or Modification at 30 TAC Chapter 116. The TCEQ submitted these amendments as revisions to the Texas SIP in a letter dated

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

16 July 2, 2010. The July 2, 2010, submittal included 30 TAC Sections 39.402(a)(4) and (a)(5) establishing applicability of public notice provision s for new Flexible Permits and amendments to Flexible Permits under 30 TAC Chapter 116.

In January 6, 2014, final approval of th e July 2, 2010 Public Participation SIP Amendment, EPA severed the Flexible Pe rmit public participation provisions at 30 TAC §§ 39.402(a)(4) and (a)(5). We also indi cated it was our inte nt to address the amendments to Chapter 39 for Flexible Pe rmits at the time we proposed action on the Flexible Permit program. EPA now finds it appropriate to address the July 2, 2010 submittal of 30 TAC §§ 39.402(a)(4) and (a)(5) b ecause we are addressing the entirety of the Flexible Permit program and the amendments of the associated Flexible Permits public participation provis ions at 30 TAC Section 116.740.

K. October 5, 2010 Submittal

On September 15, 2010 the TCEQ adopted amendments to 30 TAC § 116.10(9)(E) to change a portion of the de finition for “modification of existing facility”. Only this specific regulatory definition is being ac ted on in this action because directly affects the flexible permit rule. The entire submittal package consisted of new and amended sections prep ared in response to EPA’s disapproval of the TCEQ rules that implemented the state’s qualified facilities program.

L. October 21, 2013 Submittal

On September 24, 2013, the TCEQ consid ered the resubmittal and withdrawal of previously submitted rules implementing the Commission’s Flexible Permit Program at 30 TAC § 116, Subchapter G. Specifically, the Commission took the following action with regard to the follo wing sections in 30 TAC, Chapter 116.:

1. Resubmittal for EPA consideration of:

 § 116.13;

 § 116.110(a)(3), adopted June 17, 1998; and

 §§ 116.710-116.760, adopted or amended by the Commission on November 16, 1994; June 17, 1998; September 2, 1999; August 9, 2000; March 7, 2001; August 21, 2002; September 25, 2002; and August 20, 2003, except as modified by th e list of sections listed below to be either withdrawn, or as amended by the Commission on December 14, 2010.

2. Withdrawal from EPA consideration of sections adopted by the Commission

between 1994 and 2003 to the SIP:

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

17  § 116.711(3) (last sentence only) an d (11), as amended August 21, 2002, and all earlier versions;

 § 116.715(a), only with regard to the text “or Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing
Constructed or Reconstructed Ma jor Sources (FCAA 112(g), 40 CFR Part 63))”, as amended August 21, 2002, and all earlier versions;

 § 116.715(c)(6) as amended August 20, 2003, and all earlier versions;

 § 116.730, adopted November 16, 1994, and repealed and readopted June 17, 1998;

 § 116.740(b), adopted June 17, 1998, and amended September 2, 1999;

 §§ 116.792-116.802 and 116.804-116.807, adopted May 22, 2002, except 116.794(11), 116.795(f), and 116.799(a) , which were returned to the Commission by letter from EPA dated June 29, 2011; and

 § 116.803, adopted August 21, 2002.

3. Adoption and submittal as a revision to the SIP 116.765(b) and (c), and the submittal of the following sections adopted by the Commission on December 14, 2010, as revisions to the SIP:

 § 116.13(3) and (5);

 § 116.711(2)(M) [introductory text], a nd paragraphs (iv) and (vii);

 § 116.715(c)(5)(A) and (B);

 § 116.715(d), [introductory text] excep t the text “The permit shall specify which of the monitoring opt ions under paragraph (2)(A)-(E) of this subsection shall be used to determine compliance for facilities subject to monitoring un der this subsection”;

 § 116.715(d)(1);

 § 116.715(f);

 § 116.716(a), (c), (d) and (e); and

 The repeal of § 116.716(d).

M. Summary of Pending SIP Submittals Addressed in this Action

Table 3 below contains a summary of each re gulation discussed above that is affected.

Table 3 - Summary of Each Regulation That is Affected by This Action

Section Title Date Submitted to
EPA as SIP
Amendment Date Adopted by
State Comments

Chapter 39: Public Notice Section 39.402 Applicability to Air Quality Permits and
Permit Amendments July 2, 2010 June 2, 2010 30 TAC § 39.402(a)(4) and 39.402(a)(5) specific

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

18 Section Title Date Submitted to
EPA as SIP
Amendment Date Adopted by
State Comments

to flexible permits only Chapter 116: Control of Air Pollution by Permits for New Construction or Modification Subchapter A: Definitions
Section 116.10 General Definitions 03/13/1996 2/14/1996 Definition of
“modification of existing facility” at 30 TAC § 116.10(F)
07/22/1998 6/17/1998 Definition of
“modification of existing facility” at 30 TAC § 116.10(9)(F) 9/4/2002 8/21/2002 Redesignation of the
Definition of
“modification of existing facility” from 30 TAC § 116.10(9)(F) to 116.10(11)(F)
10/5/2010 9/15/2010 Renumbered definition (9)(E) for
“modification of existing facility”.
Section 116.13 Flexible Permit
Definitions 11/29/1994 11/16/1994 Initial adoption.
7/22/1998 6/17/1998 Resubmitted 116.13 definitions for (1)emission capemission limit, (2) expected maximum capacity, and (3)
individual emission
limitation.
10/21/2013 12/14/2010  Revised definition of “emission cap” at 30 TAC § 116.13(1).

 Revised definition

of “individual
emission
limitation” at 30 TAC § 116.13(3) and (5). Deleted
reference to “insignificant factor” formally
found in 30 TAC § 116.13.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

19 Section Title Date Submitted to
EPA as SIP
Amendment Date Adopted by
State Comments

Subchapter B: New Source Review Permits Division 1: Permit Application Section 116.110 Applicability 11/29/1994 11/16/1994 30 TAC § 116.110(a) specific to flexible permits only 7/22/1998 6/17/1998 Revised 30 TAC § 116.110(a)(3) applicability criteria. Subchapter G: Flexible Permits Section 116.710 Applicability 11/29/1994 11/16/1994 Initial adoption. 7/22/1998 6/17/1998 Revised 30 TAC §
116.710 subsections (a), (b), (c), and (d) - Applicability
criteria.
9/11/2000 8/9/2000 Resubmittal 30 TAC § 116.710.
Section 116.711 Flexible Permit Application 11/29/1994 11/16/1994 Initial adoption. 7/22/1998 6/17/1998 Revised 30 TAC §§ 116.711 ((1) – (13) - Flexible permit application requirements.
4/12/2001 3/7/2001 Resubmittal 30 TAC § 116.711.
9/4/2002 8/21/2002 Revised 30 TAC §§ 116.711 (8), (9), (10), and (11). 10/21/2013 12/14/2010 Revised 30 TAC § 116.711(2)(M) [introductory text], and paragraphs (iv) and (vii). It was
submitted in the package as 30 TAC § 116.711(13)(D) which requires permit applicants to provide a description
of EPNs included in emission cap and 30 TAC § 116.711(13)(E)(vii)
which ensures PSD
terms and conditions
are retained in the

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

20 Section Title Date Submitted to
EPA as SIP
Amendment Date Adopted by
State Comments

flexible permit. Section 116.714 Application Review
Schedule 11/29/1994 11/16/1994 Initial adoption. 7/22/1998 6/17/1998 Revised 30 TAC §
116.714. Section 116.715 General and Special
Conditions 11/29/1994 11/16/1994 Initial adoption. 7/22/1998 6/17/1998 Revised 30 TAC §
116.715 subsections (a) and (c) (1) – (10)
- General conditions applying to all flexible permit
holders.
9/11/2000 8/9/2000 Revised 30 TAC §
116.715 subsections (a) – (d).
4/12/2001 3/7/2001 Revised 30 TAC §§ 116.715 (a) and (c)(3)(A), (c)(3)(B), and (c)(3)C).
9/4/2002 8/21/2002 Revised 30 TAC §
116.715 subsections (c)(1) and (c)(4). 9/25/2003 8/20/2003 Revised 30 TAC §
116.715 subsection (c)(3)(C)(9).
10/21/2013 12/14/2010  Revised 30 TAC §§ 116.715 ((c)(5)(A) & (B) – monitoring requirements must be specified in permits for compliance with emission caps.

 Revised 30 TAC §

116.715(c)(6)(A)(i ) & (ii) – recordkeeping for demonstrating emission cap and
individual
emission
limitation
calculations.

 Revised 30 TAC §

116.715(d)(1) – monitoring must

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

21 Section Title Date Submitted to
EPA as SIP
Amendment Date Adopted by
State Comments

demonstrate compliance based
on sound science. Section 116.716 Emission Caps and
Individual Emission
Limitations 11/29/1994 11/16/1994 Initial adoption. 10/21/2013 12/14/2010 Revised 30 TAC §§ 116.716 (a) 116.716(c), 116.716(d), and 116.716(e) on establishing an emission cap and
individual emission
limits.

Section 116.717 Implementation
Schedule for
Additional Controls 11/29/1994 11/16/1994 Initial adoption.

Section 116.718 Significant
Emission Increase 11/29/1994 11/16/1994 Initial adoption.

Section 116.720 Limitation on Physical and Operational Changes 11/29/1994 11/16/1994 Initial adoption.

Section 116.721 Amendments and
Alterations 11/29/1994 10/19/1994 Initial adoption. 7/22/1998 6/17/1998 Revised 30 TAC §§ 116.721 (a), (b)(2), (d)(1), and (d)(2) -
Amendments and
alterations for flexible permits.
9/11/2000 8/9/2000 Resubmittal 30 TAC § 116.721.
Section 116.722 Distance
Limitations 11/29/1994 10/19/1994 Initial adoption.
9/11/2000 8/9/2000 Revised reference
citation in Section. Section 116.730 Compliance History 11/29/1994 10/19/1994 Initial adoption
10/21/2013 12/14/2010 30 TAC Section
116.730 withdrawn.
Section 116.740 Public Notice and
Comment 11/29/1994 10/19/1994 Initial adoption
7/22/1998 6/17/1998 Revised Section.
10/25/1999 9/2/1999 Revised 30 TAC § 116.740 (a).
10/21/2013 12/14/2010  Revised
resubmittal.

 30 TAC §

116.740(b)

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

22 Section Title Date Submitted to
EPA as SIP
Amendment Date Adopted by
State Comments

withdrawn.

Section 116.750 Flexible Permit Fee 11/29/1994 10/19/1994 Initial adoption 7/22/1998 6/17/1998 Revised 30 TAC §§ 116.750 (b)-(d).
9/11/2000 8/9/2000 Revised 30 TAC § 116.750(d). 10/4/2002 9/25/2002 Revised 30 TAC § 116.750(b)-(c).
10/21/2013 12/14/2010 Revised resubmittal.
Section 116.760 Flexible Permit
Renewal 11/29/1994 10/19/1994 Initial adoption.

Section 116.765 Compliance
Schedule 10/21/2013 12/14/2010 Submittal 30 TAC § 116.765(b) and (c)



## IV. Technical Evaluation of the Texas Flexible Permit SIP Submittals.

The SIP submittals providing the Texas Fl exible Permit provisions for air quality permits are evaluated for compliance with the relevant requirements of the Act and Title 40 of the Code of Federal Regulations (40 CF R) part 51 – Requirements for Preparation, Adoption, and Submittal of Implementation Plan s. 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 th e regulation of the modification and construction of any stationary source within the areas covered by th e plan as necessary to assure that NAAQS are achieved, including a permit program as required in parts C and D; 2. §110(l) of the Act which provides: (l) Plan Revisions. – Each revision to an implementation plan submitted by a State under this chapter shall be adopted by such State after reasonab le notice and public hearing. The Administrator shal l not approve a revision of a plan if the revision would interfere with any applicable requireme nt concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the chapter. 3. 40 CFR Subpart 51.160 – Legally enforceable procedures. The regulatory text of 40 CFR Subpart 51.160 is available on line at Electronic Code of Federal Regulations: http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node
=40:2.0.1.1.2.6.8.1&idno=40 4. 40 CFR Subpart 51.161 – Public availability of information. The regulatory text of 40 CFR Subpart 51.161 is available on line at Electronic Code of Federal Regulations:

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

23 http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node
=40:2.0.1.1.2.6.8.2&idno=40 5. 40 CFR Subpart 51.165 – Permit requirements. The regulatory text of 40 CFR Subpart
51.165 is available on line at Electron ic Code of Federal Regulations: http://ecfr.gpoaccess .gov/cgi/t/text/textidx?c=ecfr&sid=feed49ec24fac67402c2bf 6fa403850d&rgn=div8&view=text&node=
40:2.0.1.1.2.6.8.6&idno=40. 6. Other applicable requirements of the Act, 40 CFR part 51, and applicable policy and guidance will be identified in the evaluation where appropriate. 7. 40 CFR 51.230(d). Requirements for all plans. The regulatory text of 40 CFR 51.230(d) is available on line at Electr onic Code of Federal Regulations:http://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=dadd1aa10a18d5135f902665a5a22d80&n=40y2.0.1.1. 2&r=PART&ty=HTML#40:2.0.1.1.2.9.8.1

.

Specifically, the October 21, 2013, submittal is first reviewed for completeness as a SIP submittal under Part 51, Appendix V, and is th en compared with the general requirements for SIP preparation, adoption and submittal at 40 CFR Part 51. This will be followed by a detailed analysis of the minor NSR provisions to ensure all federal requirements at 40 CFR Part 51 for air permitting are satisfied. Then we review the Texas flexible permit requirements with respect to the current SIP-approved minor NSR provisions. Fi nally, the October 21, 2013, submittal is reviewed with respect to s ection 110(l) of the CAA to determine whether the proposed revisions interfere with any appl icable CAA provisions. These analyses produce
a written technical evaluation which supports our determination in the FR to conditionally approve October 21, 2013, Texas Flexible Permit SIP submittal.

IV.A. Part 51, Appendix V Evaluation of the SIP Submittal

The criteria for completeness determina tion are found in Appendix V to Part 51 - Criteria for determining the completeness of plan submissions and are outlined below:

1.0 Purpose: This appendix V sets forth th e minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purposes of review under § 51.103.

1.1 The EPA shall return to the submitting offici al any plan or revision thereof which fails
to meet the criteria set forth in this appendix V, and request corrective action, identifying the component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

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

The attached checklist outlines the ba sic criteria included under 2.1 and 2.2 of Appendix V that will be used for reviewing the October 21, 2013 SIP Submittal which
includes eleven earlier Submittals as discussed in Section III.

Administrative Materials (2.1)

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

The SIP revision was submitted by a letter from Bryan W. Shaw, PhD, Chairman of the TCEQ, dated October 21, 2013. The SIP submittal was received by EPA Region 6 Air Planning Section on October 23, 2013.

2. Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State has issu ed the permit, order, consent agreement (hereafter document) in final form. This evidence would include the date of adoption or final issuance and the effective date of revision, if diffe rent from adoption/issuance
date.

The resubmittal and withdrawal of previously submitted rules as well as specific portions of rule amendments for the Fl exible Permit program as adopted by the Commission on December 14, 2010, were adopted by the TCEQ on September 24, 2013, and became effective September 26, 2013. Sp ecifically, the package consists of
numerous rule amendments that were submitt ed as revisions to the Texas SIP on the following dates: November 29, 1994; Marc h 13, 1996; July 22, 1998; October 25, 1999; September 11, 2000; April 12, 2001; Ju ly 31, 2002, September 4, 2002; October 4, 2002; September 25, 2003; July 2, 2010; October 5, 2010; and October 21, 2013.

3. Evidence is included that the State has n ecessary legal authority under State law to adopt and implement the revision, e.g., a cita tion of the appropriate State authority.

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

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

25 4. A copy is included of the actual regulation or document submitted for approval and incorporation by reference into the SIP includ ing an indication of the changes made to the existing approved plan where applicable. The submittal shall be a copy of the official State regulation document signed, st amped, and dated by the appropriate State official indicating that it is fully enforceab le by the State. The effective date of the regulation document shall, whenever possibl e, be indicated in the document itself.

The October 21, 2013, cover letter accompanyin g the submittal requests the EPA take action on 1) the resubmittal of the original action (identified in Section II of this document); 2) the withdrawal from the EPA th e consideration of th e identified sections adopted by the Commission between 1994 and 2003 to the SIP; and 3) the adoption
and submittal as a revision to the SIP 30 TAC §§ 116.765(b) and (c), and the submittal of those identified sec tions adopted by the Commission on December 14, 2010, as
revisions to the SIP.

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

The SIP submittal package included a cert ification demonstrating the SIP submittal was developed pursuant to 40 CFR Subpart 51.104.

6. Evidence is included that public notice was given of the proposed changes consistent with the procedures approved by EPA, incl uding the date of publication of such notice, (e.g., notarized or certified co pies of any public notices published in newspapers). (The notice should be at le ast 30 days prior to the public hearing(s).

Notices of public hearings were publis hed in the following newspapers on the date
listed:

 Austin American Statesman: June 18, 2010

 Fort Worth Star-Telegram: June 18, 2010

 Houston Chronicle: June 18, 2010

TCEQ conducted a public hearing in Austin, Texas, on July 29, 2010.

TCEQ also provided publica tion in the Texas Register of the proposed rulemaking (35 TexReg 306) and public hearing noti ce (35 TexReg 398) on July 2, 2010.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

26 7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in the public notice(s) and the State's laws and constitution, if applicable.

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

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

The SIP submittal package did include a compilation of comments and the State’s response to comments. TCEQ received written testimony from eight parties during the comment period, including EPA Region 6. TCEQ r eceived no oral testimony from the public during the July 29, 2010, public hearing.

Technical Support (2.2)

The State should include the following t echnical information in its SIP revision request package.

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

The SIP submittal addresses revisions to the Flexible Permit Program, a minor NSR air permitting program in T exas - therefore the SIP revision has the potential to address all regulated pollutants.

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

The provisions contained in TAC § 116 Subchapter G can be applied statewide to those sources seeking a flexible permit.

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

The provisions for the Texas construction permitting program do not need to include

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

27 quantification of the changes in SIP allowable emissions from the affected sources. The mechanics of the construction permitt ing process ensure appropriate amounts of permitted emissions are approved.

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

The SIP revision meets the Section 110(l) re quirements. The rules contain a provision 30 TAC § 116.711(8) and (9) wh ich requires permittees to follow minimum Federal requirements where if increased emissions from new construction, or a physical change or change in the method of operati on result in a quantity of emissions where either Federal PSD or NNSR thresholds are exceeded, than those permitting requirements (including conduc ting BACT reviews and modeling) must be followed. This regulatory provision ensures that emi ssions do not exceed thresholds established for major NSR permitting and therefore the perm itting activities will not interfere with attainment or reasonable further progress of the Act. The flexible permit program is a minor NSR permitting program.

5. FOR REDESIGNATIONS:

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

Not applicable.

b. Are contingency measures included?

Not applicable.

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

Modeling is not specifically required by the minor source rules. However minor source programs must be protective of the NAAQS and the increments. Should
construction activities result in increased emissions trigge ring major thresholds under PSD or NNSR, then the permittee is required to following major permitting requirements including submittal of appr opriate modeling under the SIP approved Subchapter B permitting requirements.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industrial/process

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

28 equipment designs, reformulated materials, etc.).

The proposed rules require fac ilities at an account to util ize BACT in accordance with TAC § 116.711(3). In addition, emission c aps are developed based on BACT defined in TAC § 116.10 at expected maximum capacity. Should the permit be used to authorize any new major stationary source or major modification, emissions will be based on control technology determined in accordance with SIP approved Subchapter
B.

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

Each individual issued NSR construction permit will include separate emission limitations, work practice standards, and r ecordkeeping/repor ting requirements sufficient to ensure permitted particulate matter emission levels. The provisions contained in 30 TAC Subchapter G specifically address general and special conditions in 30 TAC § 116.715, such as establishing a pollutant specific emission cap and/or individual emission limits, as well as m onitoring, recordkeeping, and reporting, that must be included in permits issued under this Part.

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

Compliance/enforcement of the NSR perm itting program will be determined on a permit-by-permit basis in accordance w ith the monitoring, recordkeeping, and reporting requirements set out in this Part.

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

These justifications are not n ecessary for this SIP revision.

The SIP submittal identified in the cove r letter dated October 21, 2013, (Rule Project No. EPA-R06-OAR-2013-0542) meets the comple teness criteria by operation of law as established in 40 CFR part 51, Appendix V.

V. Do the State’s Submittals Meet the Applicable Federal Requirements?

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

29 We are proposing to conditionally approve the Texas Flexible Permits State Program, as submitted by Texas in 30 TAC Chapter 116 – Control of Air Pollution by Permits for New Construction or Modification, because it does not meet certa in provisions of the Act and EPA’s NSR regulations. The submittal include s the following regulations under Chapter 116: 30 TAC 116.110(a)(3), 30 TAC Subchapter G – Flexible Permits, the definitions in 30 TAC 116.13, Flexible Permits, and the definition in 30 TAC 116.10(11)(F) of “modification of existing facility.” It is EPA’s position that none of these identified elements is severable from each other. This program meets the Minor NSR SIP requirements provided TCEQ subsequently submits amended rules that are properly structured within and according to the rulemaking requirements of the Texas Administrative Procedure Act. The condition is expected to have a compliance deadline one year from EPA’s proposed action. The October submittal may have mislabeled, improperly sequenced, or have incorrectly referenced regulatory citations. The TCEQ has comm itted to providing a SIP submittal that will reformat, reorganize and renumber the Flexible Permits Program into a cohesive unit. This
commitment letter is available in the docket for this rulemaking.

A. Evaluation of the Public Participat ion Process for Applications for New or
Amended Flexible Permits

Federal public participation requirements for Minor NSR permit applications are at 40
CFR Parts 51.160 and 161. EPA has determined that the Flexible Permit program is a minor NSR program; therefore the Flexible Permit pr ogram public participation provisions at 30 TAC §§ 39.402(a)(4), 39.402(a)(5) and 116.740 will be analyzed with respect to EPA’s requirements for minor NSR public notice. The pub lic participation requirements for Flexible Permits are found at 30 TAC § 116.740, which re quires any applicant for a new Flexible
Permit or amendment to a Flexible Permit to comply with the requirements established in Chapter 39 related to Public Notice. Chapter 39 separately applies the public participation process to applications for new Flexible Pe rmits at 30 TAC § 39.402(a)(4) and applications
for amendments to a Flexible Permit at 30 TA C 39.402(a)(5). The applicability of the Texas public participation requirements for applicatio ns for new or amended Flexible Permits is
summarized below:

 New flexible permits – 30 TAC § 39.402(a)(4). Applications for new flexible permits under Chapter 116, Subchapter G (r elating to Flexible Permits)

 Amendments to flexible permits – 30 TAC § 39.402(a)(5). Amendments to flexible permits go through public notice when the flexible permit amendment involves: a) a change occurs in the character of emi ssions or release of an air contaminant not previously authorized under the perm it (i.e., change in control method or an increase in emission rate) – 30 TAC § 39.402(a)(5)(A);

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

30 b) the total emissions increase from all facilities to be authorized under the amended permit at a facility not affected by THSC, section 382.020 1 

## , exceeds the State’s established “public notic e de minimis” levels – 30 TAC § 39.402(a)(5)(B); c) the total emissions increase from all facilities to be authorized under the amended permit at a facility affect ed by THSC, section 382.020, exceeds the State’s established “public noti ce significant” levels– 30 TAC § 39.402(a)(5)(C); or d) other minor amendments where the Execu tive Director dete rmines reasonable likelihood for interest or impact – 30 TAC § 39.402(a)(5)(D)(i)-(iv).

The notice requirements for each type of fl exible permit application listed above is generally the same – meaning that an applica tion for a flexible permit amendment above the “de minimis” or “insignificant” thresholds – wi ll have the same public notice requirements as an application for a new flexible permit. The following analysis is confined solely to the approvability of the public participation require ments used for flexible permit applications. EPA provides a separate analysis of the approva bility of the Flexible Permit program at 30 TAC Chapter 116, Subchapter G later in this TSD.

1. Public Participation Process

The following steps provide a general overv iew of the Texas public notice process for an application for a new or amended Flexible Permit. Note that the Flexible Permit Program states that a flexible permit application will be reviewed in accordance with 30 TAC § 116.114 (relating to Application Review Schedule).
1. Applicant submits application for a new or amended Flexible Permit to TCEQ. See 30 TAC § 116.711.
2. TCEQ reviews the application and dete rmines whether the application is administratively complete. During this process, the TCEQ has 90 days to determine the application is complete or request additional information. See 30 TAC 116.714, which cross-references the requirements at 30 TAC § 116.114(a)(1).
3. Once the application is ad ministratively complete, th e applicant publishes the first notice, the Notice of Receipt of A pplication and Intent to Obtain Permit (NORI). See 30 TAC § 39.418(e). The NORI is a unique feature of the Texas Public Notice Process. The NORI provides information to the public about the receipt of an applicati on and provides basic inform ation about the proposed
new source or modification such as a desc ription of the loca tion and the nature of the proposed activity, a description of the public comment process, and the
location where materials will be made available for review. The NORI does

1 

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

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

31 not provide any technical information, but rather serves as an indicator of future public notices and actions that ma y be of interest, enabling the public to anticipate draft permits. The NORI is required for all new applications for Flexible Permits at 30 TAC § 39.402( a)(4) and most applications for
amendments to Flexible Permits at 30 TAC § 39.402(a)(5). Note that certain applications for Flexible Permit amen dments at 30 TAC § 39.402(a)(5) are exempted from the Chapter 39 public noti ce provisions as discussed in Section
V.A.3 of this TSD.
4. TCEQ completes the technical review and makes a preliminary decision. The TCEQ has 180 days from the date a new Flexible Permit application is administratively complete, or 150 days from the date a Flexible Permit amendment application is administrativel y complete, to conduct the technical review and make a preliminary d ecision. See 30 TAC § 116.714, which crossreferences the requirement s at 30 TAC § 116.114(a)(2).
5. The applicant is required to publis h the second notice, the Notice of Application and Preliminary Decision (NAPD) when notified by TCEQ of the preliminary decision. See 30 TAC § 39.419. The NAPD notice provides the information and notice to the public cons istent with federal requirements. The NAPD provides details about the prelimin ary decision and draft permit and the location where applicable air quality anal yses and other technical materials will be made available for public review . NAPD is required for all air quality permit applications for new Flexible Permits and most Flexible Permit applications subject to the Chapter 39 public notice provisions. Note that certain applications for Flexible Perm it amendments are exempted from the Chapter 39 public notice provisions at 30 TAC § 39.402(a)(5) as discussed in
Section V.A.3 of this TSD.
6. The TCEQ files the ED’s draft pe rmit and preliminary decision, the preliminary determination summary and air quality analysis with the chief clerk and the clerk posts on the TC EQ’s website. See 30 TAC § 39.419(e).
7. The comment period runs for 30 days af ter the last publication of the NAPD discussed in Step 5. S ee 30 TAC § 55.152(a)(1).
8. A public meeting is held if the ED determines there is a substantial or significant degree of public interest; if th e meeting is requested by a member of the legislature representing th e general area of the proposed facility/modification; if a public mee ting is otherwise required by law. See 30 TAC § 55.154(c).
9. The ED prepares a response to a ll comments received. See 30 TAC § 55.156(b)(1).
10. The ED files the response to comments with the chief clerk as soon as practicable, but not later th an 60 days after the end of the comment period. See 30 TAC § 55.156(b)(3).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

32 11. The chief clerk will mail or transmit the ED decision and the RTC to the applicant, any person who submitted comments and any person on the mailing list for the permit action. See 30 TAC § 55.156(c).
12. The ED will take final action on the pe rmit application within 150 days of receipt of a Flexible Permit amendmen t application or 180 days for a new Flexible Permit application. The TCEQ’s one-year clock is based on the completion of the technical review and the publication of the NAPD as provided in Step 5. See 30 TAC § 116.714, which cross-references the requirements at 30 TAC § 116.114(c)(3).

2. Analysis of Requirements in 40 CFR 51 Specific to Public Participation for
Flexible Permits

Tables V.A-1 and A-2 provides a line-item comparison of the Minor NSR requirements of §§ 51.160 and 51.161 and the comp arable Texas Public Participation provisions for Flexible Permits.

Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

(a) Each plan must set forth legally enforceable procedur es that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, or
combination of these will result in – (1) A violation of applicable portions of the control strategy; or (2) Interference with
attainment or maintenance
of a national standard in
the State in which the proposed source (or modification) is located or in a neighboring State. § 116.711. Flexible Permit Application. As adopted by TCEQ on December
14, 2010.

Submitted for SIP review on
October 21, 2013.

In order to be granted a flexible permit or flexible permit amendment, the owner or operator of the proposed facility shall submit a permit application which must

include:

2. Information which
demonstrates that emissions from the facility, including any
associated dockside vessel emissions, meet all of the following:
A. Protection of public health
and welfare.
i. The emissions from the Section 116.711 (2)(A) requires that the application for a flexible permit or flexible permit
amendment must demonstrate protection of public health and welfare. Section 116.711 (2)(A)(i) requires that emissions from the proposed facility will comply with all rules and regulations of the TCEQ and the TCAA. Therefore, Section 116.711 provides the necessary legally enforceable procedures to protect the NAAQS.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

33 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

proposed facility, group of facilities, or account
as determined under 30 TAC § 116.716 of this title (relating to Emission Caps and Individual Emission Limitations), will comply with all applicable rules of the
commission and with the intent of the TCAA, including protection of the health and physical property of the people.

(b) Such procedures must include means by which the State or local agency responsible for final decision making on an application for approval to construct or modify will prevent such construction or
modification if – (1) It will result in a violation of applicable portions of the control strategy; or (2) It will interfere with
attainment or maintenance
of a national standard § 116.711. Flexible Permit Application. As adopted by TCEQ on December 14, 2010.
Submitted for SIP review on October 21, 2013.

In order to be granted a flexible permit or flexible permit amendment, the owner or operator of the proposed facility shall submit a permit application which must
include:
3. Information which
demonstrates that emissions from the facility, including any
associated dockside vessel emissions, meet all of the following:
A. Protection of public health
and welfare.
i. The emissions from the proposed facility, group of facilities, or account
as determined under 30 TAC § 116.716 of this title (relating to Emission Caps and Individual Emission Limitations), will comply with all applicable rules of the As the Minor NSR permitting authority in Texas, the TCEQ has established the criteria by which Minor NSR flexible permits and flexible permit amendments will
be issued. These criteria (submitted for SIP approval at 30 TAC § 116.711(a) include the requirement that the applicant
demonstrate that emissions from the facility comply with all rules and regulations necessary to protect human health and the environment. The TCEQ has the authority to receive application
materials and review these
materials for technical merit. If the technical justifications for the permit application are not valid, then the TCEQ has the authority to not issue the permit. EPA approved these Minor NSR permitting provisions as appropriate to protect the NAAQS, consistent with 40 CFR Subpart 51.160(b) and the CAA when we SIP-approved the Minor NSR program. The Texas Flexible Permit program has been submitted for SIP approval as component of the Minor NSR

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

34 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

commission and with the intent of the TCAA, including protection of the health and physical property of the people. program. EPA proposes to find that the application process and requirements provided at 30 TAC § 116.711 is consistent with 40 CFR Subpart 51.160(b).

(c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such
information on – (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to
make the determination referred to in paragraph (a)
of this section. 39.411. Text of Public Notice.

As adopted by the TCEQ June 2, 2010. Approved by EPA on November 25, 2013 and published in the Federal Register on January 6, 2014

. (e) When NORI by publication or mail is required by Subchapter H and K of this chapter for air quality permit applications, the text of the
notice must include the information
in this subsection.

(1) the name and address of the agency and the telephone number of an agency contact from whom interested persons may obtain further information;

(2) the name, address, and telephone number of the applicant and a description of the manner in which a person may contact the applicant for further information;

(3) a brief description of the location and nature of the proposed activity;

(4) a brief description of public comment procedures

...
(f) When NAPD by publication or mail is required by Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the information On January 6, 2014, EPA approved the provisions at 30 TAC § 39.411 for the text of the public notice as adopted by the TCEQ on June 2, 2010. See 79 FR 551.

Note 30 TAC § 39.411 was not
revised or resubmitted with the Flexible Permits program. However, in this TSD we are evaluating applicability statements in Chapter 39 that will apply the provisions at 30 TAC § 39.411 to applications for new and amended
Flexible Permits.

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

Additionally, as the Minor NSR

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

35 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

in this subsection:

(1) the information required by subsection (e) of this section [information in the NORI notice];

(2) a summary of the ED’s preliminary decision and whether the ED has prepared a draft permit;

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

(A) as applicable, the degree of increment consumption

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

comment

... permitting authority in Texas, the TCEQ has the authority to request the information necessary to properly review a permit application and make a decision on said application. The TCEQ must make a finding of administrative completeness within 90 days of receiving the application; the final decision on any amendment application must be made within 150 days of a complete application, other permit applications are within 180 days. Therefore, 30 TAC § 39.411(e) and (f) satisfy the requirements of 40 CFR Subpart 51.160(c).

(d)The procedures must provide that approval of any construction or
modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. §116.715. General and Special
Conditions. As adopted by TCEQ December 14,
2010. Submitted for SIP-approval on October 23, 2013. (a) Flexible permits may contain general and special conditions. The holders of flexible permits shall comply with any and all such
conditions.

... (c) The following general conditions shall be applicable to every flexible permit. (11) Compliance with rules. Acceptance of a flexible permit by a permit applicant constitutes an acknowledgment and agreement Section 116.715 demonstrates that
the Texas Flexible Permits program has the necessary legally enforceable proce dures providing that approval of any construction
or modification does not affect the owner/operator’s responsibility to comply with the applicable portions of the control strategy. EPA proposes that 30 TAC § 116.715 satisfies 40 CFR Subpart 51.160(d).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

36 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

that the permit holder will comply with all applicable 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 regulation or flexible permit condition are applicable, then the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance of the permit 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 flexible permit.

(e) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject
to review under this section. The plan must discuss the basis for determining which facilities will be subject to review. See above for the requirements in § 116.711.§ 116.740. Public Notice
and Comment.

As adopted by TCEQ on December 14, 2010.

Submitted for SIP approval on October 21, 2013.

(a) Any person who applies for a flexible permit or an amendment to a flexible permit shall comply with the requirements in Chapter 39 of this title (relating to Public Notice). As the Minor NSR permitting authority in Texas, the TCEQ has established the criteria by which Minor NSR permits will be issued. These criteria at 30 TAC § 116.711 include the requirement that the applicant demonstrate that emissions from facility comply with all rules and regulations necessary to protect human health
and the environment. Note that under the Texas SIP, all increases in emissions will be permitted – either as major or minor NSR permit or meet the criteria for authorization as a permit by rule or standard permit.

Additionally, the Public Notice and Comment provisions at 30 TAC § 116.740(a) provide that applications for flexible permits and flexible permit amendments

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

37 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

must comply with the Chapter 39 Public Notice requirements. As will be detailed later, the Public Notice provisions at Chapter 39 require the applicant to identify the facility that will be subject to review and provide opportunity for comment. Minor NSR applications for flexible permits and flexible permit amendments are subject to NORI and NAPD permitting so the SIP-approved public notice requirements at 30 TAC §§ 39.418 and 39.419 apply to Flexible
Permits.

The TCEQ has the authority to receive application materials and
review these materials for
technical merit. If the technical justifications for the permit application are not valid, then the TCEQ has the authority to not issue the permit. EPA proposes to find that 30 TAC §§ 116.711 and 116.740 satisfy the requirements of 40 CFR Subpart 51.160(e).

(f)The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart.

(1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models).

(2) Where an air quality model specified in appendix W of this part is inappropriate, the model may be
modified or another model § 116.711. Flexible Permit Application. As adopted by TCEQ on December 14, 2010.
Submitted for SIP review on October 21, 2013.

In order to be granted a flexible permit or flexible permit amendment, the owner or operator of the proposed facility shall submit a permit application which must
include:
2. Information which
demonstrates that emissions from the facility, including any
associated dockside vessel Section 30 TAC § 116.711(2)(J) requires applicant to submit necessary air dispersion modeling or ambient monitoring with the application for the flexible permit or flexible permit amendment. Section 30 TAC § 116.711(2)(J) satisfies 40 CFR Subpart 51.160(f).

Minor NSR permit applications, including applications for flexible permits and permit amendments, are subject to both NORI and NAPD notice – therefore any
technical information such as dispersion modeling or source

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

38 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis

substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the
Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in § 51.102. emissions, meet all of the following:

...

J. Air dispersion modeling or ambient monitoring. Any permit application for a new flexible permit, or permit amendment to increase a flexible permit emission cap or individual emission limitation, shall include an air quality analysis to demonstrate that the proposed action
will not interfere with
attainment and
maintenance of the
National Ambient Air Qualtiy Standards. Computerized air dispersion modeling and/or ambient monitoring may be required by the
commision’s Air Permits
Division to determine the air quality impacts from the facility, group of facilities, or account. In conducting a review of a permit application for a shipbuilding or ship repair operation, the commission will not require and may not consider air dispersion modeling results predicting
ambient concentrations of
non-criteria air
contaminants over coastal
waters of the state. The
commission shall determine compliance with
non-criteria ambient air
contaminant standards and guidelines at land-based off-property locations. impact analysis will be available for public review and comment.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

39 Table V.A-1: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.160
40 CFR 51.160 Texas Minor NSR Flexible
Permits Provisions Analysis



## Table V.A-1 above demonstrates that the public participation requirements specific to new flexible permits or amendments to existing flexible permits satisfy the federal requirements found at 40 CFR 51.160.

Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

(a) The legally enforceable procedures in §51.160 must also require the State or local agency to provide opportunity for public
comment on information submitted by owners and operators. The public information must include the agency's analysis of the effect of
construction or modification on ambient air quality, including the agency's proposed approval or disapproval. 39.405. General Notice Provisions. As adopted by the TCEQ on June 2, 2010. Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,
2014. (g) Copy of application. The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located.

... The copy of the application must comply with the following. (1) A copy of the administratively complete application must be
available for review and copying beginning on the first day of newspaper publication of NORI and
remain available for the publications’ designated comment period. (2) A copy of the complete application (including any subsequent revisions to the application) and ED’s preliminary decision must
be available for review and copying beginning on the first day of newspaper publication required by EPA approved the provisions at 30 TAC §§ 39.405 and 55.152 on January 6, 2014. See 79 FR 551.

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

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

Because Minor NSR permit applications, including applications for new and amended Flexible Permits, are subject to
NORI and NAPD notice requirements, the public is afforded the opportunity to comment on the application and
related materials twice in the permitting process, which is more stringent than the federal requirements for Minor NSR.
Section 55.152 ensures that the public is provided the opportunity to comment consistent with §

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

40 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

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

§ 55.152. Public Comment Period As adopted by the TCEQ on June 2, 2010. Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,
2014.

(a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD
if a second notice is required, for an air quality permit application not 51.161(a).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

41 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

otherwise specified in this
section. (2) 15 days after the last publication of Notice of Receipt of A pplication and
Intent to Obtain Permit under §39.418 of this title, or 30 days after Notice of Application and Preliminary Decision if a second notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification) or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted by
the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in orcontiguous to the right-ofway of a public works project; (b) For purposes of paragraph (a) of this section, opportunity for public comment shall include, as a

minimum—

(1) Availability for public inspection in at least one

location in the area

affected of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality;  39.405(g) generally requires the applicant to make information available for review and copying in county of location or proposed location.

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

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

 39.405(g)(3) requires the On January 6, 2014, EPA approved the provisions at 30 TAC § 39.405 as adopted by the TCEQ on June 2, 2010. See 79 FR 551.

Section 39.405 satisfies the requirements at § 51.161(b)(1) for public inspection in at least one
location in the affected area of the information submitted by the owner/operator and the air quality analysis for the Minor NSR permit application, including applications
for a new or amended Flexible
Permit

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

42 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

applicant to make available for review the air quality analysis for applications submitted after the effective date of the rule, June 24, 2010. (2) A 30-day period for submittal of public comment; and 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing. As adopted by the TCEQ on June 2, 2010. Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,
2014. See EPA-R06-OAR-2010-
0612.

Notice given under this chapter will specify any applicable deadline to file public comment specified under § 551.152 of this title and, if applicable, any deadlines to file requests for reconsideration, contested case hearing, or notice
and comment hearin g. After the deadline, final action on an application may be taken under Chapter 50.

55.152. Public Comment Period. (a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD
if a second notice is required, for an air quality permit application not otherwise specified in this
section. (2) 15 days after the last On January 6, 2014, EPA approved the provisions at 30 TAC § 39.409 as adopted by the TCEQ on June 2, 2010. See 79 FR 551.

Minor NSR permit applications, including applications for new and amended Flexible Permits, are subject to both NORI “first” notice
and NAPD “second” notice. The NORI gives a 30 day notice on the application. After the TCEQ completes the technical analysis,
the draft decision along with the air quality analysis and other
technical documents are available for another 30 day notice period.

Section 55.152 generally provides that comment period is 30 days after the last publication of the
NAPD. Because Minor NSR permit applications, including applications for new and amended Flexible Permits, are subject to
NORI and NAPD notice requirements, the public is afforded the opportunity to comment on the application and
related materials twice in the permitting process, which is more stringent than the federal requirements for Minor NSR. 30 TAC § 55.152 ensures that the public is provided the opportunity
to comment consistent with 40 CFR Subpart 51.161(a).

30 TAC § 55.152 satisfies the requirements of 40 CFR Subpart 51.161(b)(2).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

43 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

publication of Notice of Receipt of A pplication and
Intent to Obtain Permit under §39.418 of this title, or 30 days after Notice of Application and Preliminary Decision if a second notice is required under §39.419 of this title, for a permit renewal under Chapter 116 of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification) or a concrete batch plant without
enhanced controls authorized by a air quality standard permit adopted by
the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in orcontiguous to the right-ofway of a public works project; (3) A notice by prominent
advertisement in the area
affected of the location of
the source information and analysis specified in paragraph (b)(1) of this
section. 30 TAC 39.419. Notice of Application and Preliminary

Determination.

As adopted by the TCEQ on June 2, 2013.

Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,

2014. See EPA-R06-OAR-2010-

0612.

(e)(1) NAPD follows requirements of Chapter 39, Subchapter K.

Subchapter K 39.603. Newspaper Notice. On January 6, 2014, EPA SIP approved the provisions at 30 TAC §§ 39.419 and 39.603 as adopted by the TCEQ on June 2, 2010. See
79 FR 551.

Minor NSR permit applications, including applications for new and amended Flexible Permits, are subject to both NORI and NAPD. Therefore, we use the requirements at 30 TAC §§ 39.418, 39.419 and 39.603(b).

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

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

44 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

As adopted by the TCEQ on June 2, 2010. Approved by EPA on on November 25, 2013, and published in the Federal Registeron January 6, 2014. See EPAR06-OAR-2010-0612. (a) NORI under §39.419 is required to be published no later than 30 days after the executive director declares an application administratively complete. This
notice must contain the text as required by §39.411(e). (b) NAPD under §39.419 is required to be published within 33 days after the chief clerk has mailed the preliminar y decision concurrently with the NAPD to the applicant. This notice must contain the text required at § 39.411(f). (c) General newspaper notice requires notice to be published in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility, unless otherwise specified. Section 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required
material.

39.604. Sign Posting. As adopted by the TCEQ on June 2, 2010. Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,
2014. See EPA-R06-OAR-2010-
0612. (a) At the applicant’s expense, a sign or signs must be placed at the site of the existing or proposed Newspaper notice is the traditional vehicle used by EPA to prominently advertise a proposed source. 30 TAC § 39.603(c) requires publication in a newspaper of general circulation in the municipality in which the facility is located or proposed to be located, or in the municipality nearest the location or proposed location. 30 TAC § 39.603(c) further requires that within the newspaper, the applicant must provide 2 separate notifications with the required material. 30 TAC § 39.603 satisfies the prominent advertisement requirements of 40 CFR Subpart 51.161.

Historically, EPA has not considered or used sign posting as prominent advertisement. Therefore any Texas provisions requiring sign postage are more stringent than federal requirements for prominent advertisement. EPA approved the sign posting requirements at 30 TAC § 39.604 on January 6, 2014. See 79 FR
551.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

45 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

facility declaring the filing of an application for a permit and stating
the manner in which the commission may be contacted for
further information. (c) Where the 30-day comment period required in paragraph (b) of
this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 55.152. Public Comment Period. As adopted by the TCEQ on June 2, 2010. Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,
2014. See EPA-R06-OAR-2010-
0612.

(a) Public Comments must be filed
with the chief clerk within the time period specified in the notice. The public comment period shall end 30 days after the last publication of the NAPD, except that the time period
shall end: (1) 30 days after the last publication of the NORI, or 30 days after the NAPD
if a second notice is required, for an air quality permit application not otherwise specified in this
section. 30 TAC § 39.419 establishes that the NAPD applies to Minor NSR applications, including applications for new and amended Flexible Permits. 30 TAC § 55.152(a) provides generally a 30- day comment period following the publication of the NAPD.

(d) A copy of the notice required by paragraph (b) of this section must
also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in
which such new or modified
installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2). 39.605. Notice to Affected Agencies. As adopted by the TCEQ on June 2, 2010. Approved by EPA on November 25, 2013, and published in the Federal Register on January 6,
2014. See EPA-R06-OAR-2010-
0612.

In addition to the requirements in § 39.405(f)(3) of this title: (1) When newspaper notices are published under this section, the applicant shall furnish a copy of the notices and
affidavit to: For applications for air quality permits, including applications for
new and amended Flexible Permits, Section 39.605 requires that copies of newspaper notices and sign posting verification be sent to the R6 RA, state and location air pollution control agencies, and Federal or State Land Managers or Indian Governing Body.

30 TAC § 39.605 satisfies 40 CFR Subpart 51.161(d).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

46 Table V.A-2: Analysis of the Texas Public Participation Requi rements for Applications for New and
Amended Flexible Permits with the Requirements of 40 CFR 51.161
40 CFR 51.161 Texas Public Participation
Provisions Analysis

(A). The EPA regional administrator in Dallas; (B). All local air pollution control agencies with jurisdiction in the county
in which the construction is to occur; (C). The air pollution control agency of any nearby state in which air quality may be adversely affected by
the emissions from the new or modified facility;
and (D). If notice is for an application filed on or
after the effective date of
this section for a PSD or NNSR permit, the chief executives of the city and county where the source would be located, and any
State or Federal Land Manager, or Indian Governing Body whose lands may be affected by
emissions from the source
or modification. (2) When sign posting is required under this section, the applicant shall furnish a copy of sign posting verification, within 10 business days after the end of the comment period
associated with the notice under 30 TAC § 39.418 to: (A). The chief clerk; (B). The ED, and; (C). Those listed in paragraphs (1)(A)-(C).



## Table V.A-2 above demonstrates that the public participation requirements specific to applications for new or amended Flexible Perm its satisfy the federal requirements found at 40
CFR 51.161.

Note that the applicant is legally responsible for th e publication of the NORI and

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

47 NAPD, using the specific notice text pr ovided through regulati ons by the TCEQ. The applicant is also legally respons ible for providing copies of th e public notice documents to the EPA Regional Office, local air pollution control agencies with jurisdic tion in the county, and air pollution control agencies of nearby states that may be impacted by the proposed new
source or modification. The SIP- approved Texas public participat ion rules establish that the applicant, rather than the State permitting au thority, is the legally responsible party for satisfying the public notice requirements for Minor NSR applications. The applicant is required to follow the Texas public notice regulat ions, which specify the text for the notice documents and specify the additional agencies th at will receive notice. Texas’s regulations identifying the applicant as the legally responsib le party is equivalent to the scheme in the already SIP-approved Public Participation Program (see 77 FR 74129, at 74134).The sectionby-section analysis provided in Tables V. A-1 and A-2 of the federal Minor NSR public participation requirements with the corresponding Texas requirements for public participation of Minor NSR permit applications, including ap plications for new and amended Flexible Permits has shown that the Texas program satisfi es all federal requirements for public notice for applications for new and amended Flexible Permits. It is recommended that EPA publish a proposed approval of the Texas public particip ation program for applications for new and
amended Flexible Permits under the Texa s Minor NSR Flexible Permits Program.

3. Minor NSR Public Notice Requirements Specific to Two Types of Minor NSR Flexible Permit Amendment Applications

The submitted Texas public participation provisions for applications for new and amended Flexible Permits create a tiered prog ram, wherein two certain types of Minor NSR Flexible Permit amendment applications that ha ve been defined by TCEQ as “de minimis” or “insignificant” will not automatically requi re public notice. The following outlines the specific thresholds that qualify as “de minimis” or “insignificant” under the revised rules, and the basis for TCEQ’s determination. Note that EPA has already approved this tiered approach as it applies to Minor NSR permit amendments . January 6, 2014, at 79 FR 551. The rationale for EPA’s approval is included in th is TSD for informational purposes.

a. Identification of the Minor NSR Flex ible Permits Emission Thresholds and Affected Source Populations

 Thresholds are only used for Flexible Permit amendment applications. Applications for new Minor NSR Flexible Permits are required by these submitted rules to go through the public procedures of the NORI and NAPD. The applications for
amendments to Flexible Permits are furt her divided based on the amount of emission
increases at issue and whether the facil ity is affected by THSC section 382.020.

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

o Section 39.402(a)(5)(B) provide s that if the applicati on for the amendment of a Flexible Permit is not for an affected ag ricultural facility th en the public notice provided through the NORI and NAPD apply, unless the total emissions

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

48 increase from all facilities authorized in the Flexible Permit amendment does not exceed any of the following levels established by the State as “de minimis”
levels:

 50 TPY CO

 10 TPY SO 2



##  0.6 TPY lead

 5 TPY of NO X 

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

o Section 39.402(a)(5)(C) provide s that if the amendment for a Flexible Permit is for an affected agricultura l facility, then the public notice requirements of the NORI and NAPD apply, unless the total emissions increase from all authorized
facilities in the Flexible Permit am endment does not exceed any of the following thresholds established by the State as “insignificant” thresholds:

 250 TPY CO or NO X



##  25 TPY of VOC, SO 2 

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

## , H 2 

## O, N 2 

## , CH 4 

## , C 2 

## H 6 

## , H 2 

## and O 2



## .

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

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

 If the Flexible Permit amendment a pplication includes proposed emissions increases of any air contaminant above the identified threshold then the amendment application is required to go through notice pursuant to Chapter 39 requirements. That means the Flexible Permit amendment application will go through the NORI and NAPD publication process.

b. Discussion of the “De mini mis” and “Insignificant” Thresholds for Minor NSR
Flexible Permit Amendments

The thresholds established by the State as “de minimis” thresholds at 30 TAC 39.402(a)(5)(B) apply to all minor NSR Flexib le Permit amendment applications, except those for affected agricultural facilities. Th e thresholds selected by the State at 30 TAC 39.402(a)(5)(C), and called “insi gnificant” thresholds, apply only to minor NSR Flexible Permit amendment applications for a ffected agricultural facilities.

Within the scope of the Texas Minor NSR program, the “de minimis” and “insignificant” thresholds distinguish those minor Flexible Permit amendment applications that require full review from those that may not. But, the thresholds do no t affect any part of
the technical review of these minor NSR Flex ible Permit amendment applications or the requirement to comply with other requirements such as application of required control technology, reporting when required to the emissi ons inventory, and analysis of monitoring data. Additionally, being below the “de minimi s” or “insignificant” threshold does not override any notice or technical requirements for PSD, NNSR or new Minor NSR Flexible

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

49 Permit applications.

In our final rule dated January 6, 2014, a pproving Texas public participation, we found that TCEQ provided an adequate demonstration to show that th eir selected “de minimis” and “insignificant” thresholds for Minor NSR permitting are adequate to meet federal requirements for Minor NSR. See 79 FR 551 and EPA-R06-OAR-2010-0612. The State’s demonstration is also applicable to the thresh olds as they apply to minor amendments to existing Flexible Permits. TCEQ also provi ded supplemental information concerning the
Flexible Permit holders’ use of these threshol ds since they were adopted by the State. 2, 3 

## The supplemental data is also included in the docke t for this rulemaking. Our analysis of this supplemental information demonstrates that be fore Texas Fiscal Year 2002, flexible permit amendments issued to non-agricultural faciliti es did not go through public notice. Fiscal Year 2002 represents the time period wh ere TCEQ adopted and implemented the “de minimis” and “insignificant” thresholds. Sin ce the time of adoption and implem entation of the “de minimis” and “insignificant” thresholds, the TCEQ records indicate that 326 amendments to flexible permits have been issued. Of the 326 applica tions for amendments to Flexible Permits, 135 applications have been required to go through no tice due to the applica tion of the thresholds. The supplemental information also demonstrates that are no flexible permits for agricultural sources subject to THSC 382.020; th erefore the “insignificant” thre sholds are not available for use for any current flexible permit holders. Ou r analysis of this supplemental information
leads us to conclude that the application of the “de minimis” and “insignificant” thresholds specific to applications for Flexible Permit am endments increases the opportunity for public notice and participation in Texas.

How do the Texas Public Notice Provision s for Applications for New and Amended
Flexible Permits Address the Concerns Iden tified in EPA’s November 26, 2008 Proposed Limited Approval/Limited Disapproval for Texas Public Participation?

On November 26, 2008, EPA identified tw o deficiencies in the Texas public participation rules specific to applications for new Flexible Permits and amendments to Flexible Permits. See 73 FR 72001, at 72008. Below we reiterate the deficiencies and discuss how the revised Texas public participation proc ess for applications for new Flexible Permits
and amendments to Flexible Permits addresses our concerns.

 For initial issuance of a flexible permit to establish a minor NSR applicability cap or an increase in a flexible permit ca p, the rules do not require 30-day notice and comment on information submitted by the owner or operator and the agency’s

2 

### Email from Janis Hudson, TCEQ to Adina Wiley, EPA titled “Flexible Permit Amendment Applications” dated September 11, 2013.

3 

### Email from Janis Hudson, TCEQ to Adina Wiley, EPA, titled “Flexible Permit Amendment Applications – Clarification” dated October 23, 2013.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

50 analysis of the effect of the permit on ambient air quality, including the agency’s proposed approval or disapproval as required by 40 CFR 51.161.

The public participation requirements speci fic to applications for new Flexible
Permits and amendments to Flexible Pe rmits at 30 TAC 39.402(a)(4) and (a)(5) address the deficiency identified on N ovember 26, 2008. All applications for new Flexible Permits are required at 30 TAC 39.402(a)(4) to go through public notice as specified in Chapter 39; which means that all applications for new Flexible Permits must publish the NORI pursuant to 30 TAC 39.418 and the NAPD pursuant to 30 TAC 39.419. An applica tion for a new Flexible Permit will therefore go through two 30-day comment peri ods: 1) the applica tion is published first using the NORI and the public has 30 days to review and comment, then 2) the NAPD is published, providing a sec ond 30-day comment period wherein the public can review TCEQ’s analysis and preliminary determination. All applications for amendments to Flex ible Permits are required at 30 TAC 39.402(a)(5) to go through public notice as specified in Chapter 39 using the NORI and NAPD process if the amendment will exceed the “de minimis” or “insignificant” thresholds.

 Where PSD and NNSR terms and conditions ar e modified or eliminated when the permit is incorporated into a flexible permit, the rules do not require public participation consistent with 40 CFR Subparts 51.161 and 51.166(q).

The TCEQ adopted amendments to 30 TAC Section § 116.711(2)(M)(vii) to specify that the flexible permit applicati on must identify any terms, conditions, and representations in any Subchapter B permit which will be superseded by or incorporated under a flexible permit and provide an analysis of how the conditions and control requirements of a Subchapter B permit will be carried forward in the proposed flexible permit. This amendment to the Flexible Permit Program was submitted as a SIP revision by the TCEQ on October 21, 2013, and will ensure that the Flexible Permit Program is for minor NSR actions only and will not circumvent the major source requirements.

Section 30 TAC § 39.402(a)(4) provides th at an application for a new flexible permit must go through Chapter 39 public notic e. Therefore, where a new flexible permit application will supersede or in corporate any term, condition, and/or representation of a Subchapter B permit, this information will be available for review and comment during the requi red NORI and NAPD publication for an application for a new flexible permit. Similarly, 30 TAC § 39.402(a)(5)(A) – (C) requires that an application for an amendm ent to a flexible permit application must

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

51 go through Chapter 39 public notic e if the amendment is for an air contaminant not previously authorized or the amendment exceeds the identified “de minimis” or “insignificant” thresholds. The TCEQ Ex ecutive Director also has the discretion under 30 TAC § 39.402(a)(5)(D) to require notic e for an application for a Flexible
Permit amendment that would not otherw ise be required to provide notice.

4. EPA’s Analysis Specific to the Texas P ublic Participation Provisions for the Flexible Permit Program

Our analysis supports the finding that TCEQ’s public participation program requirements specific to applications for ne w Flexible Permits and applications for amendments to Flexible Permits at 30 TAC § 39.402(a)(4) and (a) satisfi es the provisions of 40 CFR Subparts 51.160(e) and 51.161. Moreover, our analysis also suppor ts the finding that the TCEQ revised rules for discretionary public notice for new Flexible Permits and applications for amendments to Flexible Permits are approva ble, because the provisions adequately confine Executive Director discretion by authoriz ing the use of discretion under specified criteria that are consistent with th e goals and purposes of the Act to provide an adequate opportunity for informed public pa rticipation. EPA is proposing to find that the submitted Texas public participa tion regulations identifying th e applicant as the legally responsible party also meet th e requirements to provide opportunity for public comment and for information availability at 40 CFR Subpart 51.161, because the NORI and NAPD both identify locations where materials, including the draft permit and all technical materials supporting the decision will be made available fo r public review and the required information
is submitted to EPA.

Finally, as explained above, th is analysis supports the findi ng in our proposed Federal Register that the submitted provisions address all deficiencies specific to public notice for Flexible Permits that we previously c ited in our November 26, 2008, proposed limited approval/limited disapproval of Texas public notice requirements. A ccordingly, we propose full approval of the Texas pub lic notice provisions at 30 TAC 39.402(a)(4) and (a)(5) for applications for new Flexible Permits and applications for amendments to Flexible Permits as submitted on July 2, 2010. Additionally, we propose full approval of the public participation requirement in the Flexible Permit Program at 30 TAC § 116.740 as initially submitted on November 29, 1994; and further revised on Ju ly 22, 1998; October 25, 1999; and August 15,
2013.

VI. EPA’s Evaluation of the Flexible Perm it Program - General Description of the
Annotation and Evaluati on of the Regulations.

This Section includes additional information of each rule, including a crosswalk for each rule, with an underlined and strikethrough annotation documenting how

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

52 the rule has changed with each submitt ed amendment. The evaluation of each regulation is organized as follows:

1. Background. This section includes a chronol ogy of the current SIP and each amendment that was submitted to EPA for SIP approval, as well as defines the proposed action.

2. Evaluation Matrix. This section incl udes a table which sets forth the text of each submitted SIP amendment, and an a nnotation of the changes of each SIP
amendment. The revised text is annotated as follows:

 New text is underlined and

 Deleted text is struck out.

 Ellipsis (...) indicates an omission of text in the rule that was not submitted to the EPA for consideration in the SIP package.

The right hand column includes any di scussion and evaluation. Any extended

comments are included in either:

 Section III, following the evaluation matrix, as “additional comments” which follows the matrix; or

 As discussed in the body or the TSD as identified in the right-hand
column of the Table.

3. Additional Comments. When necessary, this se ction includes additional comments related to EPA’s evaluation of the provision, including any extended comments related to information in the right hand column of the evaluation

matrix.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

53 1. Background of 30 TAC 39.402. Applicability of Air Quality Permits and Permit
Amendments.

Current SIP-Approved Portions of 30 TAC 39.402:

 Published final rule on January 6, 2014.

 Approved SIP is as adopted by the TCEQ on June 2, 2010, effective June 24, 2010. Submitted as a SIP revision on July 2, 2010.

 Approved SIP includes 30 TAC §§ 39.402(a )(1) – (3) and (a)(6). The approved
SIP does not include paragraphs 30 TAC § 39.402(a)(4) or (a)(5).

Revisions considered in this action:

 A SIP amendment submitted on July 2, 2010; adopted by the TCEQ on June 2, 2010; effective June 24, 2010. This amendment expands the scope of the Chapter 39 Public Notice provisions to include applicability to all new and amended Flexible Permit applications under 30 TAC Chapter 116, Subchapter
G.

Proposed Action:

 Approval of 30 TAC §§ 39.402(a)(4) and (a)(5).

2. Evaluation Matrix. 30 TAC 39.402. Applicability to Air Quality
Permits and Permit Amendments.

As adopted by the TCEQ on June 2, 2010; effective June 24, 2010. Submitted as a revision to the Texas SIP on July 2, 2010. Comments

4. new air quality flexible permits under Chapter 116, Subchapter G of this title (relating to Flexible Permits); 30 TAC § 39.402(a)(4) is approvable. This section establishes applicability of the Chapter 39 public participation requirements for applications for new Flexible Permits issued under Chapter 116, Subchapter

G.

5. air quality permit amendments to flexible permits under Chapter 116, Subchapter G of this title
when the amendment involves: (A). change in character of emissions or release of
an air contaminant not previously authorized under the permit; (B). a facility not affected by THSC, §382.020,
where the total emissions increase from all
facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the 30 TAC § 39.402(a)(5) is approvable. This section establishes applicability of the Chapter 39 public participation requirements for applications for amended Flexible Permits issued under Chapter 116, Subchapter G. This section provides clear and replicable criteria for which applications for

amendments to Flexible Pe rmits will receive public notice. Additionally, the Executive Director has the authority to require public notice for any application

for amendments to Flexible Permits that would not

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

54 following levels: (i). 50 tpy of carbon monoxide (CO); (ii). ten tpy of sulfur dioxide (SO,); (iii). 0.6 tons per year (tpy) of lead; or (iv). five tpy of nitrogen oxides (N0x), volatile organic compounds (VOC), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and

oxygen; (C). a facility affected by THSC, §382.020,
where the total emissions increase from all
facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following levels:

(i). 250 tpy of CO or NOx; (ii). 25 tpy of VOC, SO, PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and

oxygen; (iii). a new major stationary source or major modification threshold as defined in §116.12 of this title; or (iv). a new major stationary source or major modification threshold, as
defined in 40 Code of Federal Regulations (CFR), §52.21, under
the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or (D). other amendments when the executive
director determines that:

(i). there is a reasonable likelihood for emissions to impact a nearby sensitive receptor; (ii). there is a reasonable likelihood of high nuisance potential from the operation of the facilities; (iii). the application involves a facility
in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title; or there
is a reasonable likelihood of significant public interest in a proposed activity; automatically go through public notice.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

55 1. Background of 30 TAC § 116.10. General Definitions.

Current SIP-Approved Portions of 30 TAC § 116.10:

• Approved August 28, 2007 (72 FR 49198); effective October 29, 2007.

• Approved SIP is as adopted by TCEQ August 21, 2002, effective September 4, 2002.

• Approved SIP does not include paragraphs (1)-(3), (6), (7)(F), (8), (10)-(12), and (16).

Revisions considered in this action:

• A SIP amendment was submitted March 13, 1996; adopted by TNRCC February 14, 1996; effective March 7, 1996. 1 This submittal includes the initial adoption of subsection (F) unde r the definition of “modification of existing facility.”

• A SIP amendment was submitted July 22, 1998; adopted by TNRCC June 17, 1998; effective July 8, 1998. This submittal repealed and resubmitted the definition as 30 TAC § 116.10(9)(F).

• A SIP amendment was submitted September 4, 2002; adopted by TNRCC August 21, 2002, effective September 4, 2002. This submittal re-designated 30 TAC § 116.10(9)(F) to 30 TAC § 116.10(11)(F). A SIP amendment was submitted on October 5, 2010; adopted by TCEQ September 15, 2010. This submittal re-designated 30 TAC § 116.10(11)(F) to 30 TAC § 116.10(9)(E).

Proposed Action:

• Approval of the 30 TAC § 116.10.

2. Evaluation Matrix.

30 TAC § 116.10

– General Definitions Comments Existing SIP. Approved August 28, 2007 (72 FR 49198); effective October 29, 2007 Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings y ascribed to th em in the field of air pollution control. In addition to the terms which are defined by the TCAA, and in §101.1 of this title (relating to Definitions), the following words and terms, when used in this chapter, shall have the following meanings, unles s the context clearly indicates otherwise. No change to SIPapproved text.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

56 Submitted 7/22/1998 (9) Modification of existing facility – Any physical change in, or change in the method of operation of, a facility in a
manner that increases the amount
of air contaminants emitted by the facility into the atmosphere o r which results in the emission of any air contaminant not previously emitted. The term
does not include: Submitted 9/4/2002 (11) (9) Modification of existing facility – Any physical change in, or change in the method of operation of, a facility in a manner that increase s the amount of ai r contaminants emitted by the facility into the atmosphere or which results in the emission of any air contaminant not previously
emitted. The term does not
include: Submitted 10/5/2010 (9) (11) Modification of existing facility – Any physical change in, or change in the method of operation of, a facility in a
manner that increases the
amount of air contaminants emitted by the facility into the atmosphere or which
results in the emission of any air contaminant not previously emitted. The
term does not include: Approval Introductory paragraph to
definition of
Modification of existing facility was approved as § 116.10(11) on 11/17/11 (76 FR 71260). The 2010
submittal was a
recodification.

Submitted 7/22/1998 (F) physical change in, or change in the method of operation of, a facility where the change is within the scope of a flexible permit; or Submitted 9/11/2000 (F) physical change in, or change in the method of operation of, a facility where the change is within the scope of a flexible permit or multiple plant permit ; or Submitted 10/5/2010 (E) (F) physical change in, or change in the method of operation of, a facility where the change is within the scope of a flexible permit or multiple plant permit; or Approval
The rule citation is integral to the implementation of
the minor NSR flexible permit

p rogram and does no t circumvent the requirements of
Section 110 of the CAA which requires regulation of any stationary source necessary to assure NAAQS are
achieved. EPA is excluding or “multiple plant permit” from this approval. See
discussion which
follows this table.



## 3. Additional Comments

30 TAC § 116.10(11)(E) – definition of “modification of existing facility” relating to

a physical change in, or cha nge in the method of operati on of, a facility where the change is within the scope of a flexible permit or multiple plant permit.

• Subparagraph (E) under this defini tion excludes as modification a change that is within the scope of a Flexible Permit or Multiple Plant
Permit.

• This provision is not se verable from the provisio ns relating to Flexible Permits which EPA is proposing to propose to approve.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

57 • Subparagraph (E) under this defini tion also excluded changes at a Multiple Plant Permit. Texas has not submitted its regulations for Multiple
Plant Permits to EPA for review as a SIP amendment. EPA is not taking action on the words “or multiple plant permits” and they are not a part of this conditional approval package.

1 

### This section was initially submitted March 13, 1996; and was repealed and resubmitted July 22, 1998. This annotation only includes the version submitted July 22, 1998.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

58 1. Background on 30 TAC § 116.13. Fl exible Permit Definitions.

Current SIP-Approved 30 TAC § 116.13:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013, for definitions (1), (2) and (3).

• A SIP amendment was submitted on October 21, 2013, adopted on September 24, 2013, effective on September 26, 2013. The rule amendments were adopted by TCEQ on December 14, 2010, effective January 6, 2011, for definitions (3) and (5).

Proposed Action:

• Approval of the 30 TAC § 116.13

2. Evaluation Matrix.

30 TAC § 116.13

– Flexible Permit Definitions Comments
Submitted 11/29/94 §116.13. Flexible Permit
Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates
otherwise (2) Expected maximum capacity – The maximum capacity of a facility according to its physical and operational design and planned operation. Submitted 7/22/1998 §116.13. Flexible Permit
Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates
otherwise (2) Expected maximum capacity – The maximum capacity of a facility according
to its physical and operational design and planned operation. Resubmitted 10/21/2013 §116.13. Flexible Permit
Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates
otherwise (2) Expected maximum capacity – The maximum capacity of a facility according to its physical and operational design and planned operation. Approval The flexible permit
rule definitions are integral to the implementation of the
minor NSR flexible permit program and
do not circumvent the requirements of §
110 of the CAA which requires regulation of any stationary source necessary to assure NAAQS are achieved

.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

59 Submitted 11/29/94 §116.13. Flexible Permit
Definitions. (1) Emission cap

– Emission limit for a specific air contaminant adjusted by an Insignificant Emission
Factor from all sources that
are included in a flexible permit. (3) Individual emission
limitation – Emission limit for a specific air contaminant not covered by an emission cap fo r an individual facility adjusted by an Insignificant Emissions
Factor. Submitted 7/22/1998 §116.13. Flexible Permit
Definitions. (1) Emission cap – Emission limit for a specific air
contaminant based on not “upon” total emissions of that pollutant adjusted by an insignificant emissions factor
for from all facilities that are
all sources included in a flexible permit. (3) Individual emission
limitation – Emission limit for a specific air contaminant not covered by an emission cap for an individual facility adjusted by an insignificant emissions
factor. Adopted 12/14/10 and Submitted 10/21/2013 §116.13. Flexible Permit
Definitions. (3) Emission cap

– Emission limit for a specific air contaminant based upon
total emissions of that pollutant a dj usted b y an insi g nifi c ant e m iss i ons factor
for from all facilities that are

a l l s ources included in a flexible permit. (5) Individual emission
limitation – Emission limit for a specific air contaminant not covered by an emission cap for an individual facility

a d

justed b y an insign i fica n t

e m issions facto r

. Approval The flexible permit
rule definitions are integral to the implementation of the
minor NSR flexible permit program and
do not circumvent the requirements of § 110(a) of the CAA which requires regulation of any stationary source necessary to assure NAAQS are achieved

.



## 3. Additional Comments

 30 TAC § 116.13 – Flexible Permit definitions.

The definitions in 30 TAC § 116.13 implement, the requirements relating to Flexible Permits which EPA is pr oposing to approve. TCEQ removed references to insignificant emission fact or in the definitions in the October 21, 2013, submittal which is consistent with Federal rules. Accordingly, EPA proposes to approve 30 TAC § 116.13.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

60 1. Background on 30 TAC § 116.110(a)(3). Applicability.

Current SIP-Approved 30 § TAC 116.110:

• Approved November 14, 2003 (68 FR 64548); effective December 15, 2003.

• Approved SIP is as adopted by TN RCC August 8, 2000, effective September 10, 2000.

• The approved SIP does not include paragraphs (a)(3) and (a)(5), and subsection (c). Paragraph (a)(3) relates to Flexible Permits and is
addressed in this action.

Revisions considered in this action:

• A SIP was submitted on November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013.

Proposed Action:

• Approval of the 30 TAC § 116.110(a)(3).

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.110

– Applicabili t y Subsection (a) and paragraph (a)(3) Comments

E

xistin g S IP – A pp roved 11/1 4 / 200 3 (a) Permit to construct. Before any actual work is begun on the facility, any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the
air of this state shall either: No change to introductory paragraph (a) regarding Applicability.

Submitted 7/22/1998; resubmitted 10/21/2013 (3) satisfy the conditions of a flexible permit under the requirements of Subchapter G of this Chapter (relating to Flexible Permits); Approval Applicability provisions must also apply to the minor NSR flexible permit program and is integral to the implementation of the program. This
citation does not circumvent the requirements of § 110 of the CAA which requires regulation of any stationary source necessary to assure NAAQS are achieved.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

61 3. Additional Comments

 30 TAC § 116.110(a)(3) cross-references to and is not severable from the provisions of Chapter 116, Subchapter G – Flexible Permits. EPA proposes to approve subparagraph (a)(3).

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

62 1. Background on 30 TAC § 116.710. Applicability

Current SIP-Approved 30 TAC § 116.710:

This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013. The submittal included the following amendments to 30 TAC § 116.710:

 Amendment to subsection (a);  Removal of subsection (b) & redesi gnation of subsecti ons (c)-(e) to subsections (b)-(d); and  Amendment to subsections (b)-(d).

• A SIP amendment was submitted September 11, 2000, SIP Submittal. Amendment adopted August 9, 2000, effective September 4, 2000. This
submittal included an amendments to 30 TAC § 116.710(b). This was resubmitted October 21, 2013.

Proposed Action:

• Approval of the 30 TAC § 116.710.

2. Evaluation Matrix

Annotation and Evaluation of 30 TAC § 116.710

– Applicabili t y Comments Submitted 11/29/1994; resubmitted 10/21/2013

(a) Flexible Permit. A person may obtain a flexible permit which allows for physical

or

operational changes as provided by this subchapter as an altern ative to obtaining a new source review permit under §116.110 of this title (relating to Applicability), or in lieu of amending an existing permit under §116.116 of this title (relating to Amendments and Alterations). A person may obtain a flexible permit pursuant to §116.711 of this title (relating to Flexible Perm it Application) for a facility, group of facili ties, or account before any actual work is begun, provided however: Amendment submitted 7/22/1998; resubmitted
10/21/2013

(a) Flexible Permit. A person may obtain a flexible permit which allows for physical or operational changes as provided by this subchapter as an altern ative to obtaining a new source review permit under §116.110 of this title (relating to Applicability), or in lieu of amending an existing permit under §116.116 of this title (relating to Amendments and Alterations). A person may obtain a flexible permit under

pu r suant to §116.711 of this title (relating to Flexible Permit Application) for a facility, group of facilities, or account be fore any actual work is
b egun, p rovi d e d however: Approval.
Meets 40 CFR Subpart 51.160(b) for establishing applicability criteria for a minor NSR review permit

program.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

63 Submitted 11/29/1994; resubmitted 10/21/2013 (1) only one flexible permit may be issued for an account site; (2) modifications to existing facilities covered by the flexible permit may be handled through the amendments of an existing flexible permit; (3) permitting of a new facility may be handled through the amendment of a flexible permit; and (4) a flexible permit may not cover s ources at more than one account site. Approval
Meets 40 CFR Subpart 51.160(b) for establishing applicability
criteria for a
minor NSR review permit

program.

Submitted 11/29/1994; resubmitted
10/21/2013 (b) Operations certification. Any person who obtains a flexible permit under this chapter shall comply with §116.110(c) of
this title. Amendment submitted 7/22/1998; resubmitted 10/21/2013 (b) [Removed] Subparagraph (b) was repealed from 30 TAC § 116.710.

Submitted 11/29/1994; resubmitted 10/21/2013 (c) Change in ownership. The new owner of a facility, group of facilities, or account shall comply with §116.110(c) of this title, provided however, that all facilities covered by a flexible permit must change ownership at the same time and to the same persons, or both the new owner and existing permit
holder must obtain a permit alteration allocating the emission caps or individual emission limitation prior to transfer of the permit by the
Texas Natural Resource
Conservation Commission (TNRCC). After the sale of the facility, or facilities, but prior to the transfer of a permit requiring a permit alteration, the original permit holder remains responsible for ensuring compliance with the existing flexible permit and all rules and regulations of the TNRCC. Submitted 7/22/1998; resubmitted 10/21/2013 (b) (c) Change in ownership. The new owner of a facility, group of facilities, or account shall comply with §116.110(c) of this title, provided however, that all facilities covered by a flexible permit must change ownership at the same
time and to the same persons, or both the new owner and existing permit
holder must obtain a permit alteration allocating the emission caps or individual emission limitation prior to transfer of the permit by the
commission Texas Natur a l
Resource Conse r vation Commission (TNRCC)

. After the sale of the facility, or facilities, but prior to the transfer of a permit requiring a permit alteration, the original permit holder remains responsible for ensuring compliance with the existing flexible permit
and all rules and regulations of the commission TNRCC

. Submitted 9/11/2000; resubmitted
10/21/2013 (b) Change in ownership. The new owner of a facility, group of facilities, or account shall comply with §116.110(d) § 116.110(c) of this title, provided however, that all facilities covered by a flexible permit must change ownership at
the same time and to the same persons, or both the new owner and existing permit holder must obtain a permit alteration allocating the emission caps or individual emission limitation prior to transfer of the permit by the commission. After the sale of the facility, or facilities, but prior to the transfer of a permit requiring a permit alteration, the original permit holder remains responsible for ensuring compliance with the existing flexible permit and all rules and regulations of the
commission. Approval
Meets 40 CFR Subpart 51.160(b) for establishing applicability
criteria for a
minor NSR review permit

program.

Submitted 11/29/1994; resubmitted 10/21/2013 (e) Responsibility for flexible permit application. The owner of the facility, group of facilities, or account who is authorized
to act for the owner is responsible complying with this section,

exce p t as p rovide d in subsection (c) of this section. Submitted 7/22/1998; resubmitted
10/21/2013 (d) (e) Responsibility for flexible permit application. The owner of the facility, group of facilities, o r Approval.
Recodification of original submittal.
Meets 40 CFR Subpart 51.160(a)

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

64 account who is authorize d to act for the owner is responsible complying with this section, except as provided in subsection (b) of this
section. for establishing applicability criteria for a minor NSR review permit

p rogram. S ubmitted 11 / 2 9

/ 1994; resubmitted 10/21/2013 (d) Submittal under seal of registered professional engineer. All applications for a flexible permit of flexible permit amendment shall comply with §116.110(d) of this title. Submitted 7/22/1998; resubmitted
10/21/2013 (c) (d) Submittal under seal of
Texas licensed registe r ed professional engineer. All applications for a flexible permit of flexible permit amendment shall comply with §116.110(e) §1 1 6.110(d) of this title. Approval.
Meets 40 CFR Subpart 51.160 for establishing applicability
criteria for a minor
NSR review permit program.



## 3. Additional Comments

 30 TAC § 116.710(c)-(e). Co mparable to 30 TAC § 116.110(d)-(f) in the approved SIP. These provisions in 30 TAC § 116.710(c)-(e) are not severable from other elements in the Texas Flexible Permits Program which EPA is proposing to approve. EPA accordingly proposes Approval.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

65 1. Background on 30 TAC § 116.711. Flexible Permit Application.

Current SIP-Approved 30 TAC § 116.711:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013. This submittal included the following amendments to 30 TAC § 116.711:

 Amendment to introductory para graph and sectio ns (1)-(5);  Addition of new sections (6) & (11);

 Re-designation of existing sections (6)-(9) to sections (7)-(10); and existing sections (10)-(11) to sections (12)-(13); and

 Amendment to the re

- designated sections (8)-(10).

• A SIP amendment was submitted April 12, 2001, adopted by TNRCC March 7, 2001, effective March 29, 2001. This submittal included the following amendments to 30 TAC § 116.711:

 Added new paragraph (12); and  Re-designated existing paragraphs (1 2)-13) to paragraphs (13)-14).

• A SIP amendment was submitted September 4, 2002; as adopted by TNRCC August 21, 2002, effective September 12, 2002. This was resubmitted October 21, 2013. This submittal includes amendments to 30 TAC § 116.711(8)-(11).

• A SIP amendment was submitted October 21, 2013, as adopted by TCEQ on December 14, 2010, effective January 6, 2011. This amendment revised § 116.711(2)(M) [introductory te xt], and paragraphs (i v) and (vii). It was submitted in the package as § 116.711(13)(D) and § 116.711(13)(E)(vii). This amendment withdrew § 116.711(3) (last sentence only) and (11), as amended August 21, 2002, and all earlier versions.

Proposed Action:

• Approval of the addition of 30 TAC § 116.711.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

66 2. Evaluation Matrix

Annotation and Evaluation of 30 TAC § 116.711

– Flexible Permit Application Comments Submitted 11/29/1994; resubmitted 10/21/2013 Any application for a new flexible permit or flexible permit
amendment must include a completed Form PI-1 General Application. The Form PI-1 must be signed by an authorized representative of the applicant.
The Form PI-1 specifies additional support information which must be provided before the application is deemed complete. In order to be granted a flexible permit or flexible permit amendment, the owner or operator of the proposed facility shall submit to the Texas Natural
Resource Conservation Commission which demonstrates that the following are m et. Submitted 7/22/1998; resubmitted 10/21/2013 Any application for a new flexible permit or flexible permit amendment must include a completed Form PI-1 General Application. The Form PI-1 must be signed by an authorized representative of the applicant. The Form PI-1 specifies additional support information which must be provided before the appli cation is deemed complete. In order to be granted a flexible permit or flexible permit amendment, the owner or operator of the proposed facility shall submit to the commission Texas N a tur a l
Resource Conse r vation Commiss i on which demonstrates that the following are met. Approval. Meets 40 CFR Subpart 51.160(c) for establishing permit application requirements for a minor NSR review permit

program.

Submitted 11/29/1994; resubmitted 10/21/2013 (1) Protection of public health and welfare. The emissions from the proposed facility, group of facilities, or account as determined pursuant to §116.716 of this title (relating to Emission Caps and Individual Emission Limitations) will comply with all rules and regulations of the TNRCC and with the intent of the Texas Clean Air Act (TCAA), including protection of health and physical property of the people.
In considering the issuance of a flexible permit for the
construction or modification of any facility, group of facilities, or account within 3,000 feet or less of an elementary, junior high/middle, or senior high school the TNRCC shall consider any possible adverse short-term or long-term side effects that an air
contaminant or nuisance odor from the facility, group of facilities, or account may have on the individuals attending these
school facilities. Submitted 7/22/1998; resubmitted 10/21/2013 (1) Protection of public health and welfare. The emissions from the proposed facility, group of facilities, or account as determined under pursuant to §116.716 of this title (relating to Emission Caps and Individual Emission Limitations) will comply with all rules and regulations of the commission TNRCC and with the intent of the TCAA Texas Clean Air Act (TCAA)

, including protection of health and physical property of the people. In considering the issuance of a flexible permit for the construction or modification of any facility, group of facilities, or account within 3,000 feet or less of an elementary, j unior high/middle, or senior high school the commission TNRCC shall consider any possible adverse short-term or long-term side effects that an air contaminant or nuisanc e odor from the facility, group of facilities, or account may have on the individuals attending these school facilities. Approval. Meets 40 CFR Subpart 51.160(c)(1) for establishing permit application requirements
to submit emission
information for a minor NSR review permit

program.

Submitted 11/29/1994; resubmitted 10/21/2013 Submitted 7/22/1998; resubmitted 10/21/2013 (2)
Measurement of emissions. The proposed facility, group Approval. Meets 40 CFR Subpart

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

67 (2)_Measurement of emissions. The proposed facility, group of facilities, or account will have provisions for measuring the emissions as determined by the executive director. This may
include installation of sampling ports on exhaust stacks and construction of sampling platforms in accordance with guidelines in the “Compliance Sampling.” of facilities, or account will have provisions for measuring the emissions as determined by the executive director. This may include installation of sampling ports
on exhaust stacks and construc tion of sampling platforms in accordance with guidelines in the “Texas Natural Resource Conservation Commission Sampling
Procedures Manual.” “ Co m plia n ce Sa m plin g

. ” 51.160(c) for establishing permit application requirements to submit
emission information for a minor NSR review permit

program.

Submitted 11/29/1994; resubmitted 10/21/2013 (3) Best available control technology (BACT). The proposed facility, group of facilities, or acc ount will utilize BACT, with consideration given
to the technical practicability
and economic reasonableness of reducing or eliminating the
emissions from the propose facility, group of facilities, or

account basis. Control technology beyond BACT may be used on certain facilities to provide the emission reductions necessary to comply with this requirement on a facility, group of facilities, or account basis provided however, that the existing level of control may not be lessened for any facility. For new facilities the use of BACT shall be demonstrated
for the individual facility

source. Submitted 7/22/1998; resubmitted 10/21/2013 (3) Best available control technology (BACT). The proposed facility, group of facilities, or account will utilize BACT, with consideration given to the technical practicability
and economic reasonableness of reducing or eliminating the emissions from the propose facility, group of facilities,
or account basis. Control technology beyond BACT may be used on certain facilities to provide the
emission reductions necessary to comply with this requirement on a facility, group of facilities, or account basis provided however, that the existing level of control may not be lessened for any facility. For new facilities and proposed affected

sources (as defined in §116.15(1)
of this title (relating to Section 112(g) Definitions)) subject to Subchapter C of this chapter (relating to
Hazardous Air Pollutants: Regulations Governing
Constructed or
Reconstructed Major Sources (FCAA), §112(g), 40 CFR Part 63)),
the use of BACT shall be
demonstrated for the individual facility or
affected source

. Withdrawal submitted
10/21/2013 (3) For new facili t ies and proposed af f ected sources (as d e fi n e d in §116.15(1)
of t h is title (relating to § 112(g) De f initions)) subject to Subcha p ter C of
this cha p ter ( r el a ting to Hazardous Air Polluta n ts: Regu l ations Governing
Con s tructed or Reco n structed Major
Sources (FCAA), §112(g )

, 40 CFR Part 63) )

, the use
of BACT shall be
demonstrated for t h e individual f acility or

a ffe c ted sourc e

. Approval. Meets 40 CFR Subpart 51.160(d) for establishing permit application requirements to submit
emission information for
a minor NSR review permit program. Does

not include last sentence,
“For new facilities and proposed affected sources (as defined in §116.15(1)
of this title (relating to §112(g) Definitions)) subject to Subchapter C of this chapter (relating to
Hazardous Air Pollutants: Regulations Governing
Constructed or Reconstructed Major Sources (FCAA), §112(g), 40 CFR Part 63)), the use of BACT
shall be demonstrated for the individual facility or
affected source .”, which
was withdrawn.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

68 Submitted 11/29/1994; resubmitted 10/21/2013 (4) Federal New Source Performance Standards (NSPS).
The emissions from each affected facility as defined in 40 Code of Federal Regulations (CFR), Part 60 will meet at least the requirements of any applicable
NSPS as listed under Title 40 CFR Part 60, promulgated by the United States Environmental Protection Agency (EPA) under authority granted under the FCAA, §111, as amended. Submitted 7/22/1998; resubmitted 10/21/2013 (4) Fe d e ral New Source Performance Standards (NSPS). The emissions from each affected facility as define d in 40 Code of Federal Regulations (CFR), Part 60 will meet at least the requirements of any applicable NSPS as listed under Title 40 CFR Part 60, promulgated by the EPA United
States Env i ronmental Protection Agency (EPA) under authority granted under th e FCAA, §111, as amended. Approval. Meets the requirements of FCAA § 111, as amended.

Submitted 11/29/1994; resubmitted 10/21/2013 (5) National Emission Standards for hazardous Air Pollutants (NESHAPS) and Maximum Achievable Control Technology (MACT). The emissions from each facility as defined in 40 CFR Part 61 will meet at least the requirements of any applicable NESHAPS, as listed under 40 CFR Part 61, or any MACT standard promulgated by EPA pursuant to authority granted under the FCAA, §112, as amended. Submitted 7/22/1998; resubmitted 10/21/2013 (5) National Emission Sta ndards for hazardous Air Pollutants (NESHAPS) and Maximum Achievable Control Technolo g y (MACT) . The emissions from each facility as defined in 40 CFR Part 61 will meet at least the requirements of any applicable NESHAPS, as listed under 40 CFR Part 61, or a n y MACT standard promulgated by EPA under pursuant to authority granted under the FCAA, §112, as amended. Approval. Meets the requirements of FCAA § 112, as amended.

Submitted 7/22/1998; resubmitted 10/21/2013 (6) NESHAPS for source categories. The emissions from each affected facility shall meet at least the requirements of an y applicable MACT standard, as listed under 40 CFR Part 63,

p romulgate d b y EPA unde r FCAA, §112, o r as liste d unde r Cha p te r 113. Approval. Meets the requirements of FCAA §§ 112 or 113.

Submitted 11/29/1994; resubmitted
10/21/2013 (6) Performance demonstration. The proposed facility, group of facilities, or account will achieve the performance specified in the flexible permit application. The applicant may be required to submit additional engineering data after a flexible permit has been
issued in order to demonstrate further that the proposed facility, group of facilities, or account will achieve the performance specified in the flexible permit. In addition, initial compliance testing with ongoing compliance determined through engineering calculations based on measured process vari ables or predictive monitoring, stack monitoring, or stack testing may be require d

. Submitted 7/22/1998; resubmitted 10/21/2013 (7) (6) Performance demonstration. The proposed facility, group of facilities, or account will achieve the performance specified in the flexible permit application. The applicant may be required to submit additional engineering data after a flexible permit has been issued in order to demonstrate further that the proposed facility, group of facilities, or account will achieve the performance specified in the flexible permit. In addition, initial compliance testing with ongoing compliance determined through engineering
calculations based on meas ured process variables or predictive monitoring, stack monitoring, or stack testing may be required. Approval. Meets 40 CFR Subparts 51.160(a) and (b) for determination of NAAQS violations for a minor NSR review permit program.

Submitted 11/29/1994; resubmitted
10/21/2013 (7) Nonattainment review. If the proposed facility, group of facilities, or
account is located in a nonattainment area each facility shall comply with all Submitted 7/22/1998; resubmitted 10/21/2013 (8) (7) Nonattainment review. If the proposed facility, group of facilities, or account is located in a nonattainment area each facility shall comply with all applicable requirements under the undesignated head concerning nonattainment Approval. Meets 40 CFR Subparts 51.160(a) and (b) for determination of NAAQS violations for a minor NSR review permit program.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

69 applicable requirements under the undesignated head concerning nonattainment review in Subchapter B of
this chapter. review in Subchapter B of this chapter (relating to
New Source Review Permits)

.

Submitted 11/29/1994; resubmitted
10/21/2013 (8) Prevention of Significant Deterioration (PSD) review. If the proposed facility, group of facilities, or
account is located in an attainment area
each facility shall comply with all applicable requirements under the undesignated head concerning PSD review in Subchapte r B of this chapte r

. Submitted 7/22/1998; resubmitted 10/21/2013 (9) (8) Approval. Meets 40 CFR Subparts 51.160(a) and (b) for determination of NAAQS violations for a minor NSR review permit program.

Submitted 11/29/1994; resubmitted 10/21/2013 (9) Air dispersion modeling or
ambient monitoring. Computerized air dispersion modeling and/or ambient monitoring may be required by
the TNRCC Permits program to determine the air quality impacts from the facility, group of facilities, or account. Submitted 7/22/1998; resubmitted 10/21/2013 (10) (9) Air dispersion modeling or ambient monitoring. Computerized air dispersion modeling and/or ambient monitoring may be required by the
commission’s New Source Review Permits Division
TNR C C Permits program to determine the air quality impacts from the facility, group of facilities, or

account. Submitted 9/4/2002; resubmitted 10/21/2013 (10) Air dispersion modeling or ambient monitoring. Computerized air dispersion modeling and/or ambient monitoring may be required by the
commission’s New Source
Review Permits Division to determine the air quality impacts from the facility, group of facilities, or account. In conducting a
review of a permit application for a shipbuilding or ship repair operation, the commission will not require and may not consider air dispersion modeling results predicting ambient
concentrations of noncriteria air contaminants over coastal waters of the
state. The commission shall determine compliance with
non-criteria air contaminant standards and guidelines at land-based off- property locations. Approval. Meets 40 CFR Subparts 51.160(f) for determination of NAAQS violations.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

70 Rev submitted 7/22/1998; resubmitted
10/21/2013

(11) Federal standards of review for constructed and reconstructed major
sources of hazardous air pollutants. If a proposed source is an affected source (as defined in §116.15(1) of this title (relating to Section 112(g) Definitions)), it shall comply with all applicable requirements under Subchapter C of this chapter (relating to
Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)). Submitted 9/4/2002; (11) Federal standards of review for constructed and reconstructed major sources of hazardous air pollutants. If a proposed source is an affected source (as defined in §116.15(1) of this title ( r el a ti n g to S e ction
11 2 (g) Defin i tions) )

, it shall comply with all applicable requirements under Subchapter C of this chapter ( r elating to Hazardous Air
Polluta n ts: Regu l ations Governing
Con s tructed or Reco n structed Major Sources (FCAA, §112(g), 4 0 C F R Part 63) )

. Withdrawn
10/21/2013 (11) Fe d e ral standards of

r e view for
constructed and reconstructed major sources of hazardous ai r
p o lluta n ts. If a pr o posed
source is an af f e cted source ( a s de f ined in §116.15(1) of
this t i t l e it sh a ll co m p l y with

a ll app l ica b le r e qui r e m e nts under Subcha p ter C of this
cha p ter.

Rev submitted 4/12/2001; resubmitted 10/21/2013 (12) Mass cap and trade allocations. If subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Cap and Trade Program) the proposed facility, facilities, or account must obtain allocations to operate. Approval. Meets 40 CFR Subpart 51.160(c) for establishing permit application requirements for a minor NSR review permit

p rogram. Submitted 11/29/1994; resubmitted
10/21/2013 (10) Application Content. In addition to any other requirements of this chapter, the applicant shall: Submitted 7/22/1998; resubmitted
10/21/2013 (12) (10) Application
Content. In addition to any other requirements of this chapter, the applicant shall: Submitted 4/12/2001; resubmitted
10/21/2013 (13) (12) Application Content. In addition to any other requirements of this chapter, the applicant shall: Approval. Meets 40 CFR Subpart 51.160(c) for establishing permit application requirements for a minor NSR review permit

program.

Submitted 11/29/1994; resubmitted 10/21/2013 (A) identify each air contaminant for which the emission cap is desired; (B) identify each facility to be included in the flexible permit;(C) identify each source of emissions to be included in the flexible permit and for each source of emissions identify the Emission Point Number (EPN) and the air contaminants emitted; (D) for each emission cap, identify asso ciated EPNs and provide emission rate calculations based upon expected maximu m capacity and the proposed control technology; (E) for each individual emission limitation, identify the EPN and provide emission rate
calculations b ase d on the expecte d maximu m p roduction ca p acity. Approval. Meets 40 CFR Subpart 51.160(c) for establishing permit application requirements for a minor NSR review permit

program.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

71 Submitted 10/21/2013 (2)(M) Application content. In add ition to other requirements of this chapter, the applicant
shall:

(iv) for each emission cap, identify all associated EPNs and facilities (including description, common name, and facility identification number) and provide emission rate calculations based
on the expected maximum capacity and the proposed control technology;

(vii) if the flexible permit application includes facilities currently authorized by a permit issued under Subchapter B of this chapter (relating to New Source Review Pe rmits), the applicant shall identify any terms, conditions, and represen tations in the Subchapter B permit or permits which will be superceded by or incorporated into the flexible permit. The applicant shall include an analysis of how th e conditions and control requireme nts of Subchapter B permits will be carried forward in the proposed flexible permit. Approval. Meets 40 CFR Subpart 51.160(c)(2) for establishing permit application requirements to submit
emission information
for a minor NSR permit.

Submitted 11/29/1994; resubmitted 10/21/2013 (11) Proposed control technology and compliance demonstration. The applicant shall specify the
control technology proposed for each unit to meet the
emission cap and demonstrate compliance with all emission caps at expected maximum production capacity. Submitted 7/22/1998; resubmitted
10/21/2013 (13) (11) Proposed control technology and compliance
demonstration. The applicant shall specify the control technology proposed for each unit to
meet the emission cap and demonstrate compliance with all emission caps at expected maximum

p roduction capacity. Submitted 4/12/2001; resubmitted
10/21/2013 (14) (13) Proposed control technology and compliance demonstration. The applicant shall specify the control technology proposed for each
unit to meet the emission cap and demonstrate compliance with all emission caps at expected maximum production capacity. Approval.
Meets 40 CFR Subpart 51.160(c) for establishing permit application requirements for a minor NSR review permit program.



## 3. Additional Comments

 30 TAC § 116.711(1)-(11). These provisions are similar to 30 TAC § 116.111(a)(2)(A)-(L) in the approved SIP. These provisions are inseverable from other Approval provisi ons related to the Flexible Permits

program.

 30 TAC § 116.711(2)(M). [introductor y text], and paragraphs (iv) and (vii) was submitted in the package as § 116.711(13)(D) which requires permit applicants to provide a description of EPNs included in emission cap and new § 116.711(13)(E)(vii) which ensures PSD te rms and conditions are retained in the flexible permit.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

72 1. Background on 30 TAC § 116.714. Application Review Schedule.

Current SIP-Approved 30 TAC § 116.714:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013.

• A SIP amendment was submitted April 12, 2001, adopted by TNRCC March 7, 2001, effective March 29, 2001. This was resubmitted October 21, 2013.

• A SIP amendment was submitted September 4, 2002, SIP, adopted by TNRCC August 21, 2002, effective September 12, 2002. This was resubmitted October 21, 2013. This submittal includes amendments to 30 TAC § 116.711(8)-(11).

Proposed Action:

• Approval of the 30 TAC § 116.714.

2. Evaluation Matrix

Annotation and Evaluation of 30 TAC § 116.714 – Application Review Schedule Comments Submitted 11/29/1994; resubmitted 10/21/2013 The flexible permit application will be reviewed by the Texas Natural Resource Conservation

Commission in accordance with §116.114 of this title (relating to Application Review Schedule). Submitted 7/22/1998 The flexible permit application will be reviewed by the commission Texas Nat u ral
Res o u r ce C o nse r vati o n C o mmi ssi o n in accordance with §116.114 of this title (relating to Application Review Schedule). Approval.
Meets 40 CFR Subpart 51.160(c) for establishing permit application requirements for a
minor NSR review permit program.



## 3. Additional Comments

 30 TAC § 116.714. This provision is comparable to 30 TAC § 116.114 of
the current SIP.

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

73 1. Background on 30 TAC § 116.715. General and Special Conditions.

Current SIP-Approved 30 TAC § 116.715:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013.

 Amendment to subsection (a); and  Amendments to paragraphs (c)(3)-(6) and (c)(9).

• A SIP amendment submitted September 11, 2000, adopted August 9, 2000, effective September 4, 2000. This was resubmitted October 21, 2013. This submittal includes an amendment subsection (a).

• A SIP amendment submitted April 12, 2001, adopted March 7, 2001, effective March 29, 2001. This was resubmitted October 21, 2013. This submittal includes a amendment to paragraph (c)(3).

• A SIP amendment submitted September 4, 2002, adopted August 21, 2002, effective September 12, 2002. This was resubmitted October 21, 2013. This submittal includes an amendment to paragraph (c)(9).

• A SIP amendment submitted September 25, 2003, SIP Submittal. Submittal of amendments adopted August 20, 2003, effective September 14, 2003. This was resubmitted October 21, 2013. This submittal includes amendments to paragr aphs (c)(1) & (c)(9).

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

74 • A SIP amendment was submitted October 21, 2013, as adopted by TCEQ on December 14, 2010, effective January 6, 2011. This submittal subsections (c)(5)(A) & (B) – monitoring requirements must be specified in permits for compliance with emission caps. It revised § 116.715(c)(6)(A)(i) & (ii) – recordkeeping for demonstrating em ission cap and individual emission limitation calculations. It revised § 116.715(d)(1) – monitoring must demonstrate compliance based on sound science. It withdrew § 116.715(a), only with regard to the text “or Subcha pter C of this chapter (relating to Hazardous Air Pollutants: Regulatio ns Governing Constructed or Reconstructed Major Sources (FCAA S ection 112(g), 40 CFR Part 63))”, as amended August 21, 2002, and all earl ier versions. It withdrew § 116.715(c)(6) as amended August 20, 2003, and all earlier versions.

Proposed Action:

• Approval of the 30 TAC § 116.715.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.715

– General and Special Conditions Comments Submitted 11/29/1994; resubmitted 10/21/2013 (a)Flexible permits may contain general and specific conditions. The holders of flexible permits shall comply with any and all such conditions. Upon a specific finding by the Executive Director that an increase of a particular air contaminant could result in a significant impact on the air environment, or could cause the facility, group of facilities, of acc ount to become subject to
review under the undesignated headings of Subchapter B of this chapter (relating to Nonattainmen t Review and Prevention of Significant Deterioration Review), the permit may include a special condition which requires the permittee
to obtain written approval from the Executive Director before constructing a facility under a standard exemption or standard permit. Submitted 7/22/1998; resubmitted
10/21/2013 Flexible permits may contain general and specific conditions. The holders of flexible permits shall comply with any and all such conditions. Upon a specific finding by the executive director
E x ec u t i ve Director that an increase of a particular air contaminant could result in a significant impact on the air environment, or coul d cause the facility, group of facilities, of account to become subject to review under §116.150 and §116.151 and §§116.160-116.163 of
this title the un d esi g nated headings o f Subchapter B o f this chap t e r (relating to
Nonattainment Review or a n d Prevention of Significant Deterioration Review) or Subchapter C of this Chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g) 40 CFR Part 63)) , the permit may include a special condition which requires the permittee to obtain written approval from the Withdrawal Submitted
10/21/2013

Approval.
Meets Section 110(2)(A) and (C) of CAA.
Meets 40 CFR 51.160(a) and 51.230(b), Except for the words, “or Subchapter C of this Chapter (relating to
Hazardous Air
Pollutants: Regulations Governing
Constructed or
Reconstructed Major Sources (FCAA, §112(g)
40 CFR Part 63)) ,” which

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

75 executive director E x e c utive Dir e ctor before constructing a facility under a standard permit of an exemption under Chapter 106 of this title (relating to Exemptions from Permitting) e x emption

or stan d a rd permit

. were withdrawn

.

Submitted 11/29/1994; resubmitted 10/21/2013 (b) A pollutant specific emission cap or multiple em issions caps and/or individu al emission limits shall be for each air contaminant for all facilities authorized by the flexible permit. Approval.
The rule
definition is integral to the implementation
of the minor
NSR flexible permit program
and does not
circumvent the requirements of
Section 110 of
the CAA which requires regulation of any stationary source necessary to assure NAAQS
are achieved. Submitted 11/29/1994; resubmitted 10/21/2013 (c) The following general and conditions sha ll be applicable to every flexible permit: Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR Subparts 51.160(a) and 51.230(b).

Submitted 11/29/1994; resubmitted
10/21/2013 (1) Voiding of permit. A flexible permit or flexible permit amendment under this subchapter is automatically
void if the holder fails

to complete
construction as specified in the
flexible permit. Upon request, the Executive Director may grant a
one time 12-month
extension of the date to complete Submitted 9/11/2000; resubmitted 10/21/2013 (1) Voiding of permit. A flexible permit or flexible permit amendment under this subchapter is automatically void if the holder fails to complete construction as specified in the flexible permit. Upon request, the executive director E x ec u t i ve Dir e ctor may grant a one time 12-month extension of the date to complete construction. This section does not apply to physical or operational changes allowed without an amendment under §116.721 of this title (relating to Amendments and Alterations). Submitted 9/25/2003; resubmitted 10/21/2013 (1) Voiding of p e r m it. A
flexib l e p e r m it o r fle x ible permit amendment under
this subchapter is automatically void if the
hol de r fails to co m plete

const r uction as specif i ed
in t h e f lexib l e permit. Upon re quest, the

exec u tive di r ec t or ma y
gra n t a one time 1 2

- month

e x tension of the d a te to

c om plete construction.
This section does not apply to physical or operational changes
allowed without an
amendment under Approval.
Meets Section 110(a)2)(A) and (C) of CAA.
Meets 40 CFR Subparts 51.160(a) and 51.230(b).

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

76 construction. This section does not apply to physical or operational changes
allowed without an
amendment under §116.721 of this title (relating to Amendments and Alterations). §116.721 of this title (relating to Amendments and Alterations).

Submitted 11/29/1994; resubmitted 10/21/2013 (2) Construction progress. The start of construction, construction interruptions exceeding 45 days, and completion
of

construction shall be re ported to the appropriate regional
office of the Texas Natural Resource Conservation Commission (TNRCC) no later than 15 working days after
occurrence of the event. Amendment submitted 7/22/1998; resubmitted 10/21/2013 (2) Construction progress. The start of construction, construction interruptions exceeding 45 days, and completion of construction shall be reported to the appropriate regional office of the
commission Te x a s Natural Resource
Conservation Commission (TNRCC) no later than 15 working days after
occurrence of the event. Approval.
Meets Section 110(a)(2)(A) and (C) of
CAA. Meets
40 CFR Subparts 51.160(a) and 51.230(b).

Submitted 11/29/1994; resubmitted
10/21/2013 (3) Start-up
notification.

. .

. Submitted 7/22/1998; resubmitted 10/21/2013 (3) Start-up notification. Submitted 9/25/2003; resubmitted 10/21/2013 (3) Start-up notification. Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR Subparts 51.160(a) and 51.230(b).

Submitted 11/29/1994; resubmitted
10/21/2013 . . . The appropriate Air Program Regional
Office of the TNRCC and any local program having jurisdiction shall be notified prior

to commencement of operations of the
facilities authorized by permit in such a
manner that a representative of the
TNRCC may be present.

. . . Submitted 7/22/1998; resubmitted 10/21/2013 The appropriate regional
office of the commission Air Program Regio n al
Office of the TNRCC and any local program having jurisdiction shall be notified prior to commencement of operations of the facilities authorized by permit in such a manner that a representative of the commission TNRCC may be present. . . . Submitted 9/25/2003; resubmitted 10/21/2013 (A) The appropriate regional office of the commission and any local program having jurisdiction shall be notified prior to
commencement of operations of the facilities authorized by permit in
such a manner that a representative of the commission may be present. Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR Subparts 51.160(a) and 51.230(b).

Submitted 11/29/1994; resubmitted
10/21/2013
. . . Phase Submitted 7/22/1998; resubmitted 10/21/2013

. . . Phase construction, which may involve a series of facilities commencing oper ations at different times, shall provide separate notification for the commencement of operations for each facility Submitted 9/25/2003; resubmitted 10/21/2013

(B) Phase construction, which may involve a series
of facilities com m encing Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

77 construction, which may involve
a series of facilities commencing operations at different times, shall provide separate notification
for the
commencement of operations for each facility. operations at different times, shall provide separate notification for the
commencement of operations for each facility. Subparts 51.160(a) and 51.230(b).

Submitted 9/25/2003; resubmitted
10/21/2013 (C) Prior to beginning operations of the facilities authorized by the permit, the permit holder shall identify to the Office of Permitting, Remediation, and Registration the source or sources of allowances to be utilized for compliance with Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program. Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR Subparts 51.160(a) and 51.230(b).

Submitted 11/29/1994; resubmitted 10/21/2013 (4) Sampling requirements. If sampling of stacks or process vents is required, the flexible permit holder
shall contact the Source and Mobile Monitoring Section of the
TNRCC Office of Air Quality prior to sampling to obtain proper data forms and procedures. All sampling and testing procedures must be approved by the Executive Director and
coordinated with the appropriate Air Program Regional Office
of the TNRCC. The flexible permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling
consultant. Submitted 7/22/1998; resubmitted
10/21/2013 (4) Sampling requirements. If sampling of stacks or process vents is required, the flexible permit holder shall
contact the commission’s Engineering Services Section, Office of Compliance
and Enforcement S o urce and Mobile Monitoring S ection of the TNRCC
Office of Air Quality prior to sampling to obtain proper data forms and procedures. All sampling and testing procedures must be approved by the
executive director Ex e c uti v e Director and coordinated with the appropriate regional office of the commission Air Program Regional Office of the
TNRCC . The flexible permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant. Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR Subpart 51.160(c).

Submitted 11/29/1994; resubmitted
10/21/2013 (5) Equivalency of
methods. It shall be the responsibility of the flexible permit
holder to demonstrate or justify the equivalency of
emission control Submitted 7/22/1998; resubmitted 10/21/2013 (5) Equivalency of methods. It shall be the responsibility of the flexible permit holder to demonstrate or justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods as alternatives to methods indicated in the conditions flexible permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive
director Ex e c uti v e Di r ector prior to their use in fulfilling any requirements of the permit. Adopted 12/14/10 and Submitted
10/21/2013 (5) Monitoring, Calculations, and Equivalency of
methods. (A) Each flexible permit shall specify requirements for monitoring or demonstrating Approval.
Meets Section 110(a)(2)(A) and (C) of
CAA. Meets 40 CFR Subpart 51.160(c).

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

78 methods, sampling or
other emission testing methods, and monitoring methods
as alternatives to
methods indicated in
the conditions flexible permit. Alternative
methods shall 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. compliance with emission caps and
individual emission
limits in the flexible permit. (B) Each flexible permit shall specify
methods for calculating annual
and short term
emissions for each pollutant for a given type of facility.

Submitted 11/29/1994; resubmitted
10/21/2013 (6) Recordkeeping. A copy of the flexible permit along with
information and data
sufficient to
demonstrate
continuous compliance with the emission caps and
individual emission
limitations contained
in the flexible permit
shall be maintained in a file a the plant site
and made available at the request of personnel from the TNRCC or any air pollution control program having jurisdiction. For
facilities that normally operate unattended, this
information shall be
maintained at the
nearest staffed
location within Texas specified by the permit holder in the Submitted 7/22/1998;
resubmitted
10/21/2013 (6) R e cordk e ep i ng. A

co p y of t h e f l exib l e permit along with
information a n d data
sufficie n t to de m onstrate contin u ous co m plian c e

w i th the e m ission ca ps and individual
emission limita t ions
contai n e d in t h e flexib l e p e r m it s hall be

m a int a i n ed in a fi l e a the p lant si t e and m a de

ava i lab l e at the request
of personnel fr o m the
commiss i on TNRCC

or a n y air p o llution

contr o l prog r am having jurisdic t ion.
For fa c il i ties th a t

n o r m al l y ope r a t e unattended, t h is
i n formation shall be

m a intai n ed at t h e

n e arest staf f e d loc a tion

w i thin Texas sp e ci f ied
b y the per m it h o lder in

t h e per m it ap p li c a t i o n. This nfor m a t ion ma y inclu d e, but is n ot Submitted 9/25/2003 (6) Recordkeeping. A copy of the flexible permit along
with information and data
sufficient to demonstrate continuous compliance with the emission caps and
individual emission
limitations contained in the flexible permit shall 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. Far facilities that normally operate unattended, this
information shall be
maintained at the nearest
staffed location within Texas specified by the permit holder in the permit application. This information may 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 Submitted
10/21/2013 (6) Recordkeeping. The permit holder shall: (A) maintain a copy of the flexible permit along with
information and data
sufficient to
demonstrate
continuous compliance with the emission caps and
individual emission
limitations contained
in the flexible permit.
This information and data shall include, but
is not limited to: (i) emission cap and
individual emission
limitation
calculations based upon a 12-month rolling basis; (ii) emission cap and
individual emission
limitation
calculations corresponding to any
short term emission limitation; Withdrawn. 30 TAC § 116.715(c)(6) as amended August 20, 2003, and all
earlier versions.

Approval.
10/21/2013
Submittal
meets Section 110(a)(2)(A) and (C) of
CAA. Meets
40 CFR Subpart 51.160(c).

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

79 permit application. This information may include, but is not limited to, emission cap and individual
emission limitation
calculations based upon a 12-month rolling basis and production records
and operating hours.
Additional recordkeeping requirements may be specified in special
conditions attaché to the flexible permit.
Information in the file
shall be retained for at least two years following the date
that the information
or data is obtained. li m i t ed to, e m ission cap and individual emission
li m itation calculations
based upon a 12

- m onth rolling basis and production reco r ds and operating hours.
Additional

reco r dkeeping

req u irements may b e specified in special

c onditions attaché to the flexible p e rmit.
Inform a tion in t he f i le
shall be ret a ined for at
l e ast two y e ars f ol lowing t h e date that
the inf o rmation or data
is obtai n e d. may be specified in special
conditions attached to the flexible permit. Information
in the file shall be retained for at least two years following the date that the
information or data is
obtained.

Submitted 11/29/1994; resubmitted 10/21/2013 (7) Maximum allowable emission rates. A flexible permit covers only those sources of
emissions and those air contaminants listed in the table entitled “Emission Sources, Emission Caps and Individual Emission Limitations” attached to the flexible permit. Approval.
Meets Section 110(a)(2)(A) and (C) of CAA.
Meets 40 CFR Subparts 51.160(a) and 51.230(b). Submitted 11/29/1994; resubmitted 10/21/2013 (8) Emission cap readjustment. If a schedule to install additional controls is included in the flexible permit and the facility subject to such a schedule is taken out of service, the emission cap contained in the flexible permit will be readjusted for the period the unit is out of service to a level as if no schedule had been established. Unless a specia l provision specifies the method of readjustment of the cap, a permit
alteration shall be obtained. Approval.
The rule
definition is integral to the implementation
of the minor
NSR flexible permit program
and does not
circumvent the requirements of
Section 110 of
the CAA which requires regulation of any stationary source necessary to assure NAAQS
are achieved.
Recodification.

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

80 Submitted 11/29/1994; resubmitted 10/21/2013 (9) Maintenance of
emission control. The facilities covered by the flexible permit shall 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. Notification for upsets
and maintenance shall be
made in accordance with §101.6 and §101.7 of this title (relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance). Submitted 7/22/1998; resubmitted
10/21/2013 (9) Maintenance of
emission control. The facilities covered by the flexible permit shall 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. Notification for upsets
and maintenance shall
be made in accordance with §101.6 and §101.7 of this title (relating to Upset Reporting and Recordkeeping Requirements; Maintenance, Startup
and Shutdown Reporting, Recordkeeping and Operational Requirements
Notifi c ation Requirements f o r M a jor Ups e t a nd
Notifi c ation Requirements f o r Mainte n a nce ). Submitted 9/4/2002; resubmitted
10/21/2013 (9) Maintenance of
emission control. The facilities covered by the flexible permit shall 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.
Notification of
emission events and
scheduled
maintenance shall be
made in accordance with §101.201 and §101.211 if this title (relating to Emissions Event and Reporting Requirements; and
Scheduled Maintenance, Startup,
and Shutdown Reporting and Recordkeeping).
Notifi c ation for upsets

a nd m a in t e n a n c e sh a ll be m a de in

a c co r dance with §101.6 and §101.7 of
this title (rel a ting to Ups e t R e porting a nd
Recordk e eping Requirements;
Mainte n a nc e , S t artup and Shutdown Reportin g , Recordkeeping and Operatio n a l Requirements. Submitted 9/25/2003; resubmitted
10/21/2013 (9)
Maintenance of
emission control. The facilities covered by the flexible permit shall 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. Notification
of emission events and
scheduled maintenance
shall be made in
accordance with §101.201 and §101.211 if this title (relating to
Emissions Event and Reporting requirements;
and Scheduled Maintenance, Startup,
and Shutdown Reporting and Recordkeeping Requirements ). Approval.
Meets Section 110(a)(2)(A) of
the CAA.

Submitted 11/29/1994; resubmitted 10/21/2013 (10) Compliance with rules. Acceptance of a flexible permit by a permit applicant constitutes an acknowledgement and agreement that the holder Submitted 7/22/1998; resubmitted 10/21/2013 (10) Compliance with rules. Acceptance of a flexible permit by a permit applicant constitutes an acknowledgeme nt and agreement that the holder will comply with all Rules, Regulations, and Orders of the commission
Comm i s sion issued in conformity with the TCAA Texas Clean Air Act and the conditions precedent to the granting of the permit. If more than one state or federal rule or regulation or flexible permit conditions are applicable, then the most stringent limit or conditions shall govern and be Approval.
Meets 40 CFR Subpart 51.160(a)(1)..

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

81 will comply with all Rules, Regulations, 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 regulation or flexible permit
conditions are applicable, then the most stringent
limit or conditions shall govern and be the standard by which compliance shall
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 emissions or concentration of air contaminants, including compliance with the flexible permit. the standard by which compliance shall be demonstrated. Acceptance
includes consent to the entrance of commission Comm i s sion employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emissions or concentration of air contaminants, including compliance with the flexible permit.

Submitted 11/29/1994; resubmitted 10/21/2013 (d) There may be additional special
conditions attached to a flexible permit upon
issuance or amendment of the permit. Such
conditions in a flexible permit may be more
restrictive than the requirements of this title. Submitted 10/21/2013

(d), Each permit with emission caps must include special conditions that satisfy the following requirements for facilities subject to those caps. . . . These requirements do not apply to facilities that are not subject to an emission cap. Approval.
Meets 40 CFR Subpart 51.160(a)(1).

Submitted 10/21/2013 (d)(1) The monitoring system must ac curately determine all emissions of the pollutants in terms of mass per unit of time. Any monitoring sy stem authorized for use in the pe rmit must be based on sound science and meet generally acceptable scientific procedures for da ta quality and manipulation. Approval.
Meets 40 CFR Subpart 51.160(a)(1).

Submitted 10/21/2013 (f) The executive director may require as a special condition that the permit holder obtain written approval before constructing a source under a standard pe rmit under Subchapter F of this chapter (relating to Standard Permits) or a permit by rule under Chapter 106 of this title. Such written approval may be required if the executive director specifically finds than an increase of a particular pollutant could either: (1) result in a significant impact on the air environment, or (2) cau se the facility, group of facilities, or account to become subject to review . . . (B) the provisions in S ubchapter B, Divisions 5 and 6 of this chapter (relating to Nonattainment Review Permits; and Prevention of Significant Deterioration Review, respectively). Approval, except (f)(2)(A).
Meets 40 CFR Subpart 51.160(a)(1). Excludes : (A) Subchapter E of this chapter (relating to

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

82 Hazardous Air
Pollutants: Regulations, Governing
Constructed or
Reconstructed Major Sources (FCAA, 112(g),
40 CFR Part 63)); or

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

83 1. Background on 30 TAC § 116.716. Emission Caps and Individual Emission
Limitations.

Current SIP-Approved 30 TAC § 116.716:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

 A SIP amendment was submitted on October 21, 2013, adopted on September 24, 2013, effective on September 26, 2013. Amendments cover revised 30 TAC §§ 116.716(c), (c)(1)(A), and § 116.716(e) regarding establishing an emission cap and indivi dual emission limits. It withdrew 30 TAC §§ 116.716(a) & (d), as adopted November 16, 1994, effective December 8, 1994, and also submitted (a), (c), (d) and (e) as adopted December 14, 2010, effective January 6, 2011.

Proposed Action:

• Approval of the 30 TAC § 116.716.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.716

– Emission Caps and
Individual Emission Comments

Submitted 11/29/1994; resubmitted 10/21/2013 (a) Emission caps. Each emission cap for a specific pollutant will be established a s follows: (1) emissions will be established for each facility based upon application of current best
available control tec hnology at expected maximum capacity; (2) the calculated emissions will be summed. Submitted 10/21/2013 (a) Emission caps. To establish a cap for a pollutant, the executive director will develop an emission cap for: (1) all facilities at an account; or (2) a designated group of facilities at an

account. The October 21, 2013, SIP
submittal included the
withdrawal of the provisions at 30 TAC § 116.716(a) as adopted November 16, 1994. Accordingly, EPA will not
review or take action on this provision because they are no longer before
us for SIP consideration.

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

84 Submitted 11/29/1994; resubmitted 10/21/2013 (b) Individual emission limitations. An individual emission limitation will be established in the same permit for each pollutant not covered by an emission cap for facilities covered by the flexible permit. In addition, and individual emission limitation may be established for a pollutant covered by an emission cap when the expected capacity of a facility is less than the expected maximum capacity to prevent a facility from exceeding emission levels appropriate for the proposed controls. Approval Meets the requirements of
40 CFR 51.230 for emission
limitations

Submitted 11/29/1994; resubmitted 10/21/2013 (c) Readjustment of the cap. If a facility subject to an emission cap is shut down for a period longer than 12 months, the emission cap shall be readjusted by lowering the emission cap by an amount that the shut down facility contributed to the original calculation of the emission cap. If a new facility is brought into a flexible permit, an emission cap shall be adjusted by modifying the emission cap accordingly

. Submitted 10/21/2013

(c) Emissions will be calculated for each facility within an emission cap as follows: (1) Determination of control technology: (A) if the permit is used to authorize any facility, group of facilities or acc ount, or any change to existing facilities, that constitutes a new major stationary source or major modification for the pollutant as defined by §116.12 of this title (relating to Nonattainment and Prevention of Significant
Deterioration Review De finitions), Significant Deterioration Review Definitions), emissions shall be based on control technology determined in accordance with Subchapter B, Division 5 or 6 of this chapter (relating to Nonattainment Review Permits; and Prevention of Significant Deterioration Review, respectively) as applicable, at expected maximum capacity or (B) based on application of best available control technology as defined in §116.10 of this title (relating to General Defi nitions), at expected maximum capacity. (2) pollutants emitted from facilities subject to lowes t achievable emission rate review in accordance with Subchapter B, Division 5 of this chapter must be included in a separate emissions cap or listed as
individual emissi on limitations. (3) the calculated emissions for all facilities within an emission cap will be summed. (4) a lower emission cap than that determined by paragraph (3) of this subsection may be proposed by the permit applicant if technical information is provided to demonstrate that it is feasible to operate in compliance with the proposed emission cap. Approval. The rule is integral to the implementation of the minor NSR flexible permit program and does not
circumvent the requirements of § 110(a) of the CAA which requires regulation of any stationary source necessary to assure NAAQS are achieved. See 40 CFR Subpart 51.160.

Submitted 11/29/1994; resubmitted 10/21/2013 (d) Insignificant emission factor. The emission caps and individual
emissions limitation calculated pursuant to this section may include an Insignificant Emission
Factor which does not exceed 9.0% of the total emission cap or
individual emission limitation. Withdrawn 10/21/2013 The October 21, 2013, SIP
submittal included the
withdrawal of the withdrawn 30 TAC § 116.716(d) as adopted November 16, 1994. Accordingly, EPA will not
review or take action on this provision because they are no longer before
us for SIP consideration.

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

85 Submitted 10/21/2013 (d) Individual emission limitations. An individual
emission limitation will be established in the same permit for each pollutant not included in an emission cap for facilities authorized by the flexible permit. In addition, an individual emission limitation may be established for a pollutant included in an emission cap when the expected capacity of a facility is less than the expected maximum capacity to prevent a facility from exceeding emission leve ls appropriate for the proposed controls. Approval. The rule is integral to the implementation of the minor NSR flexible permit program and does not
circumvent the requirements of Section 110(a) of the CAA which requires regulation of any stationary source necessary to assure NAAQS are
achieved.

Submitted 11/29/1994; resubmitted 10/21/2013 (e) An emission cap will be readjusted downward for any facility covered by a flexible permit if that facility becomes subject to any new state or federal regulation which would lower emissions or require an emission reduction. The adjustment will be
made at the time the flexible permit is amended or altered. If an amendment to a flexible permit is not required to meet the new regulation, then within 60 days of making the change, the permitted must submit a request to alter the permit and include information describing how compliance with the new requirement will be demonstrated. Submitted 10/21/2013 (e) The permit shall clearly identify, by a table or other appropriate means, the facilities that are subjec t to an emission cap, and the facilities that are subject to individual emission limitations. A facility may be subject to both an emission cap and an individual
emission limitation. Approval. The rule is integral to the implementation of the minor
NSR flexible p ermit program
and does not circumvent the requirements of Section 110(a) of the CAA which requires regulation of any stationary source necessary to assure NAAQS are
achieved. See 40 CFR Subpart 51.160.



## 1. Background on 30 TAC § 116.717 – Implementation Schedule for Additional
Controls.

Current SIP-Approved 30 TAC § 116.717:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

Proposed Action:

• Approval of the addition of 30 TAC § 116.717.

## TECHNICAL SUPPORT DOCUMENT
Revisions to the New Source Review Stat e Implementation Plan; Flexible Permi t Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

86 2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.717

– Implementation Schedule for
Additional Comments

Submitted 11/29/1994; resubmitted 10/21/2013 If a facility requires the installation of additional controls to meet an emission cap for a pollutant, the flexible permit shall specify an implementation schedule for such additional controls. The permit may also specify how the emission cap will be adjusted if such a facility is taken out of service or fails to install the additional control equipment as provided by the implementation schedule. Approval. The rule is integral to the implementation of the minor NSR flexible permit program and does not
circumvent the requirements of Section 110(a) of the CAA which requires regulation of any stationary source necessary to assure NAAQS are
achieved. See 40 CFR Subpart 51.160.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

87 1. Background on 30 TAC § 116.718. Significant Emission Increase.

Current SIP-Approved 30 TAC § 116.718:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

Proposed Action:

• Approval of the addition of 30 TAC § 116.718.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.718

– Significant Emission Increase Comments

Submitted 11/29/1994; resubmitted 10/21/2013 An increase in emissions from operational or physical changes at an existing facility covered by a flexible permit is insignificant, for purposes of state new source review under this subchapter, if the increase does not exceed either the emission cap or
individual emission limitation . This section does not apply to an increase from a new facility nor to the emission of an air contaminant not previously emitted by an existing facility. Approval. The rule is integral to the implementation of the minor NSR flexible permit program
and does not circumvent the requirements of Section 110(a) of the CAA which requires regulation of any stationary source necessary to assure NAAQS are achieved. It allows flexibility under the cap but ensures that the cap and
individual emission limits are met. Thus its protective of the NAAQS. See 40 CFR Subpart
51.160

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

88 1. Background on 30 TAC § 116.720. Limitation of Ph ysical and Operational Changes.

Current SIP-Approved 30 TAC § 116.720 :

 This Section is not SIP approved.

Revisions considered in this action:

 A SIP revision was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

Proposed Action:

 Approval of the addition of 30 TAC § 116.720.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.720

– Limita t ion of Physical and Operational Comments

Submitted 11/29/1994; resubmitted 10/21/2013 Neither operational nor physical changes author ized under this subchapter may result in an increase in actual emissions at facilities not covered by the flexible permit unless those
facilities are authorized pursuant to §116.110 of this title (relatin g to Applicability). Approval. Section 110(a) of the CAA requires regulation of any stationary source necessary to assure NAAQS are achieved. 40 CFR Subpart 51.160 helps to ensure
non- interference with
attainment or national
standard

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

89 1. Background on 30 TAC § 116.721. Amendments and Alterations.

Current SIP-Approved 30 TAC § 116.721:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013. This submittal includes the following amendments to 30 TAC § 116.712:

 Amendment to subsection (a);  Amendment to paragraph (b)(2); and  Amendments to paragraphs (d)(1)-(2).

• A SIP amendment submitted September 11, 2000, adopted August 9, 2000, effective September 4, 2000. This was resubmitted October 21, 2013. This submittal includes an amendment to 30 TAC § 116.721(a).

Proposed Action:

• Approval of the addition of 30 TAC § 116.721.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.721

– Amendments and Alterations Comments

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

90 Submitted 11/29/1994; resubmitted 10/21/2013 (a) Flexible permit amendments. All representations with regard to construction plans and operation in an application for a flexible permit, as well as any general and specific provisions attached become conditions upon which the subsequent flexible permit is issued. It shall be unlawful for any person to vary from such representation or flexible permit provision if the change will cause a change in the method of control of emissions, the character of emissions, or will result in a significant increase in emissions, unless application is made to the Executive Director to amend the flexible permit in that regard and such amendment is approved by the Executive Director or Commission. Applications to amend a flexible permit shall be submitted with a completed Form PI-1 and are subject to the requirements of §116.711 of this title (relating to Flexible Permit Application). Submitted 7/22/1998; resubmitted 10/21/2013 (a) Flexible permit amendments. All representations with regard to construction plans and operation in an application for a flexible permit, as well as any general and specific provisions att ached become conditions upon which the subsequent flexible permit is issued. It shall be unlawful for any person to vary from such representation or flexible permit provision if the change will cause a change in the method of control of emissions, the character of emissions, or will result in a significant increase in emissions, unless application is made to the executive director
Exec u tive Dir e c t or to amend the flexible permit in that regard and such amendment is approved by the executive director Ex e c uti v e Director or commission Com m ission

. Applications to amend a flexible permit shall be submitted with a completed Form PI-1 and are subject to the requirements of §116.711 of this title (relating to Flexible Permit Application). Approval.
Meets 40 CFR Subpart 51.160(a) part of the legally
enforceable procedures the
state must have to modify a facility.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

91 Annotation and Evaluation of 30 TAC § 116.721

– Amendments and Alterations Comments Submitted 11/29/1994; resubmitted 10/21/2013

(b) Flexible permit alterations: Approval. EPA has previously approved alterations
for minor source programs. We would
also note that Fifth
Cir. Co. determined in its ruling overturning EPA disapproval that the
State has substantial flexibility in creating
minor source programs. Meets 40 CFR Subpart 51.160(a) part of the legally enforceable procedures the state must have to modify a facility. Submitted 11/29/1994; resubmitted 10/21/2013

(1) A flexible permit alteration is for any variation from a representation in a flexible permit application or a general or special provision of a flexible permit that does not require a
flexible permit amendment. Submitted 11/29/1994; resubmitted 10/21/2013

(2) All flexible permit alterations which may involve a change in a general or special condition contained in a flexible permit, or affect control equipment performance must receive prior approval by the Executive
Director. The Executive Director shall be notified in writing of all other flexible permit alterations within 10 days of implementing the change unless the permit provides for a different method of notification. Any flexible permit alteration request shall include
information sufficient to demonstrate that the change does not interfere with the owner or operator’s previous demonstrations of compliance with the requirements of §116.711 of this title, includi ng protection of public health and property and welfare. The appropriate Texas Natural Resource Conservation Commission Regional Office and any local air program having jurisdiction shall be provided copies of the flexible permit
alteration documents. Submitted 7/22/1998; resubmitted
10/21/2013 (2) All flexible permit alterations which may involve a change in a general or special condition contained in a flexible permit, or affect control equipment performance must receive prior approval by the executive director
Exec u tive Dir e c t or . The executive
director Exec u tive Dir e c t or shall be notified in writing of all other flexible permit alterations within ten 10 days of implementing the change unless the permit provides for a different method of notification. Any flexible permit alteration request shall include
information sufficient to demonstrate that the change does not interfere with the owner or operator’s previous demonstrations of compliance with the requirements of §116.711 of this title, including protection of public health and property and welfare. The appropriate commission regional office T e xas N a tur a l
Resource Conse r vation Commiss i on Regio n al Office and any local air program having jurisdiction shall be provided copies of the flexible permit alteration
documents.

Submitted 11/29/1994; resubmitted 10/21/2013 (3) Flexible permit alterations shall not be subj ect to the requirements of beat available control technology identified in §116.711(3) of this title.

Submitted 11/29/1994; resubmitted 10/21/2013 (c) Changes not requiring an amendment or alteration. The following changes do not require an amendment or alteration, except that an amendment is required if the change will

cause a change in the method of control of emissions, the character of emissions, or will
result in a significant increase in emissions. (1) a change in throughput; or (2) a change in the feedstock. Approval.
Meets 40 CFR Subpart 51.160(a) part of the legally
enforceable procedures necessary to protect the NAAQS or violation

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

92 Annotation and Evaluation of 30 TAC § 116.721

– Amendments and Alterations Comments Submitted 11/29/1994; resubmitted 10/21/2013 (d) Standard exemption in lieu of permit amendment or
alteration. Submitted 7/22/1998; resubmitted
10/21/2013 (d) Exemption under Chapter 106 of this title (relating to Exemptions from Permitting)
Standard exemption in lieu of permit amendment or alteration. Submitted 9/11/2000; resubmitted
10/21/2013 (d) Permits by rule
Exe m ption under Chapter 106 of this title (relating to Exemptions from Permitting) in lieu of permit amendment or
alteration. Approval.
Meets 40 CFR Subpart 51.160(a) part of the legally
enforceable

p rocedures necessary to protect the NAAQS or violation a control strategy.

Submitted 11/29/1994; resubmitted 10/21/2013 (1) Notwithstanding subsections (a) or (b) of this section, no permit
amendment or alteration is required if the changes to the permitted facility qualify for an exemption under Subchapter C of this chapter (relating to Permit Exemptions) unless prohibited by permit provision as provided in §116.715 of this title (relating to General and Special Conditions). All such exempted changes to a permitted facility shall be incorporated into that facility’s permit at such time as the permit is amended or
renewed. Submitted 7/22/1998; resubmitted
10/21/2013 (1) Notwithstanding subsections (a) or (b) of this section, no permit amendment or alteration is require d if the changes to the permitted facility qualify for an exemption under Chapter 106 of this title Subchapter C of this c h apter (rel a ting to Per m it Exe m ptions) unless prohibited by permit provision as provided in §116.715 of this title (relating to General and Special Conditions). All such exempted changes to a permitted facility shall be incorporated into that facility’s permit at such time as the permit
is amended or renewed. Submitted 9/11/2000; resubmitted 10/21/2013 (1) Notwithstanding subsections (a) or (b) of this section, no permit
amendment or alteration is required if the changes to the permitted facility qualify for a permit by rule

an exe m ption under Chapter 106 of this title unless prohibited by permit provision as provided in §116.715 of this title (relating to General and Special Conditions). All such changes permitted by
rule exe m pted c hanges to a permitted facility shall be incorporated into that facility’s permit at such time as the permit is
amended or renewed. Submitted 11/29/1994; resubmitted 10/21/2013 (2) Emission increases authorized by standard exemption at an existing facility covered by a flexible permit shall not cause an exceedance of the emissions cap or individual
emission limit. Submitted 7/22/1998; resubmitted 10/21/2013 (2) Emission increases authorized by Chapter 106 of this title stan d a rd exe m ption at an existing facility covered by a flexible permit shall not cause an exceedance of the emissions cap or indi vidual emission limit.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

93 1. Background on 30 TAC § 116.722. Distance Limitations.

Current SIP-Approved 30 TAC § 116.722:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted September 11, 2000, August 9, 2000, effective September 4, 2000. This was resubmitted October 21, 2013.

Proposed Action:

• Approval of the addition of 30 TAC § 116.722.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.722

– Distance Limitations Comments Submitted 11/29/1994; resubmitted 10/21/2013 No flexible permit may be issued unless the
distance and location restrictions found in §116.117 of this title (relating to Distance Limitations) are met. Submitted 9/11/2000; resubmitted
10/21/2013 No flexible permit may be issued unless the
distance and location restrictions found in §116.112 §11 6

. 1 17 of this title (relating to Distance Limitations) are met. Approval.
The minor source
federal rules have no siting requirements. It is a more stringent provision and therefore protective of the NAAQS.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

94 1. Background on 30 TAC § 116.730. Compliance History

Current SIP-Approved 30 TAC § 116.730:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998.

Proposed Action:

• 30 TAC § 116.730 was withdrawn from consideration in October 21, 2013,
submittal.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.730

– Compliance History Comments Submitted 11/29/1994; resubmitted 10/21/2013

As part of a flexible permit review, or review of an amendment of a flexible permit, or renewal of a flexible permit, the provision in the undesignated head regarding Compliance History in Subchapter B of this chapter shall be applicable to the facility, group of facilities, or account being permitted, amended, or renewed. Submitted 7/22/1998; resubmitted
10/21/2013 As part of a flexible permit review,
or review of an amendment of a flexible permit, or renewal of a flexible permit, the provision in §§116.120-116.126 of this title (relating to Compliance History)
the undesi g nated head regarding Compliance Histo r y in Subchapter
B of this cha p ter shall be applicable to the facility, group of facilities, or account being permitted, amended,
or renewed. The October 21, 2013,
SIP submittal included
the withdrawal of the provisions at 30 TAC § 116.730. Accordingly,
EPA will not review or
take action on these provisions because they are no longer before us
for SIP consideration.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

95 1. Background on 30 TAC § 116.740. Public Notice.

Current SIP-Approved 30 TAC § 116.740:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013. This submittal included the following amen dments to 30 TAC § 116.740:

 Designation of existing text as subsection (a); and  Addition or new subsection (b).

• A SIP amendment was submitted September 25, 1999, adopted by TNRCC September 2, 1999, effective September 24, 1999. This was resubmitted October 21, 2013. This submittal included amendments to 30 TAC § 116.740(a) and (b).

Proposed Action:

 Approval of the addition of 30 TAC § 116.740(a).

 30 TAC § 116.740(b) was withdrawn from consideration in October 21, 2013,
submittal.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.740

– Public Notice Comments

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

96 Submitted 11/29/1994; resubmitted 10/21/2013 Any person who applies for a flexible permit or an
amendment to a flexible permit shall comply with the provisions in the undesignated head regarding Public
Notification and Comment procedures in Subchapter B of this chapter. Submitted 7/22/1998; resubmitted 10/21/2013 (a) Any person who applies for a flexible permit or an
amendment to a flexible permit shall comply with the provisions in §§116.130- 116.134, 116.136, 116.137 of this title (relating to Public
Notification and Comment
Procedures t h e u ndesignated
head r e gar d ing P ublic
Notifi c ation and Co mm e nt procedures in S u bchapter B
of

this c h apte r

. Submitted 10/25/1999; resubmitted 10/21/2013 (a) Any person who applies for a flexible permit or an amendment to a flexible permit shall comply with the provisions in Chapter 39 of this title relating to Public Notice) §§116. 1 30

- 116.134, 116.136,
116.1 3 7 of t h is title (rel a ting to Pub li c Notifi c ation and
Co mm e nt Procedure s

. Approval
The revisions to 30 TAC § 116.740 as adopted in November 29, 1994 and revised July 22, 1998; and October 25, 1999 are approvable

. This section
cross references the Public Participation provisions for the Texas Air Permit programs at Chapter 39. See the separate analysis of the Chapter 39 applicability provisions and public notice requirements for how Chapter 39 satisfies
the CAA and EPA requirements for minor NSR public notice.

Submitted 7/22/1998; resubmitted 10/21/2013 (b) Any person who applies for an amendment to a flexible permit that

concerns a maximum
achievable control technology determination
for constructed or
reconstructed sources under Subchapter C of this chapter (relating to
Hazardous Air Pollutants: Regulations Governing
Constructed or
Reconstructed Sources (FCAA, §112(g) 40 CFR Part 63)) shall comply with the provisions in §§116.130-116.134, 116.136, 116.137 of this
title. Submitted 10/25/1999; resubmitted 10/21/2013 (b) Any person who applies
for an amendment to a flexible permit regarding an affected source (as defined in §116.15(1) of this title (relating to Section 112(g) Definitions)) subject to th a t

c o ncerns a m a xi m um achie v a b l e control
technol og y deter m ination for
constructed or reconstr u c ted

sources under Subchapter C
of this title c h ap t e r (relating
to Hazardous Air Pollutants: Regulations Governing
Constructed or
Reconstructed Sources (FCAA, §112(g) 40 CFR Part 63)) shall comply with the provisions in Chapter 39 of this title (relating to Public Notice). §§116.130

- 116.134, 1 1 6.136, 116.137
of this ti t l e

. Submittal Withdrawn
10/21/2013 (b) A n y p e rson who applies for

an a m end m ent to a flexib l e
p e r m it r e garding an affected

source ( a s defi n e d in § 1 16.15(1) of this tit l e ( r e l ating

to Section 112(g) Definitions)) subject to Subchapter C of this

t i t l e (relating to Hazardous Air
Pollutants: R e g ulations Governing Constructed or
Reconstr u c ted Sources (FCAA, §112(g) 40 CFR Part 63)) s h all comply with the provisions in
Cha p ter 39 of this t i t l e ( r el a ti n g
to Pub l ic Notice )

. The October 21, 2013 SIP submittal included the withdrawal of the provisions at 30 TAC § 116.740(b). Accordingly, EPA will not review or
take action on these provisions because they are no longer before us for SIP consideration.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

97 1. Background on 30 TAC § 116.750. Flexible Permit Fee.

Current SIP-Approved 30 TAC § 116.750:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

• A SIP amendment was submitted July 22, 1998, adopted by TNRCC June 17, 1998, effective July 8, 1998. This was resubmitted October 21, 2013. This submittal included amendments to subsections (b)-(d).

• A SIP amendment was submitted September 11, 2000, adopted by TNRCC August 9, 2000, effective September 4, 2000. This was resubmitted October 21, 2013. This submittal included amendments to subsection (d).

• A SIP amendment was submitted October 4, 2002, adopted by TCEQ September 25, 2002, effective October 20, 2002. This was resubmitted October 21, 2013. This submittal included amendments to subsections (b)-(c).

Proposed Action:

• Approval of the addition of 30 TAC § 116.750.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.750

– Flexible Permit Fee Comments Submitted 11/29/1994; resubmitted 10/21/2013 (a) Fees required. Any person who applies fo r a flexible permit or for an amendment to

an existing flexible permit shall remit, at the time of application for such permit, a fee
as set forth in subsection (b) of this section. Fees will not be charged for flexible permit alterations. Approval. Not separable from other provisions relating to the
Texas Flexible Permits Program. The minor
source federal rules have no fees requirements, it is a more stringent provision and therefore protective of the NAAQS.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

98 Submitted 11/29/1994; resubmitted 10/21/2013

(b) Fee amounts. The fee to
be remitted with a flexible permit application shall be
based on the total annual
allowable emissions from the permitted facility, group of facilities, or account for which the flexible permit is being sought. The fee shall be $25 per ton with the minimum fee being $450 and the maximum fee $75,000. For flexible permit amendments, the fee
shall be calculated based on $25 per ton for the incremental
emission increase with the maximum fee being $75,000. Submitted 7/22/1998; resubmitted 10/21/2013 (b) Fee amounts. The fee
to be remitted with a flexible permit application shall be
based on the total annual
allowable emissions from the permitted facility, group of facilities, or account for which the flexible permit is being sought. The fee shall be $25 per ton with the minimum fee being $450 and the maximum fee $75,000. For flexible permit amendments, the fee
shall be calculated based on $25 per ton for the incremental
emission increase with the minimum fee being $450 and
the maximum fee being Submitted 10/4/2002; resubmitted 10/21/2013

(b) Fee amounts. The fee

to be remitted with a flexible permit application shall be
based on the total annual
allowable emissions from the permitted facility, group of facilities, or account for which the flexible permit is being sought. The fee shall be $32 $25 per ton with the minimum fee being $900 $450 and the maximum fee $75,000. For flexible permit amendments, the fee shall be calculated based on $32 $25 per ton for the incremental
emission inc r ease with the Approval. Not separable
from other provisions relating
to the Texas
Flexible Permits Program. The
minor source
federal rules have
no fees requirements, it is a more stringent provision and
therefore protective of the NAAQS.

Submitted 11/29/1994; resubmitted 10/21/2013 (c) Payment of fees. All permit fees for a flexible permit shall be remitted in the form of a check or money order made payable to the
Texas Natural Resource
Conservation Commission (TNRCC) and delivered with the application for a flexible permit or flexible permit
amendment to the TNRCC’s Office Air Quality New Source Review Program. Required
fees must be received before the agency will begin examination of the application. Submitted 7/22/1998; resubmitted 10/21/2013

(c) Payment of fees. All permit fees for a flexible permit shall be remitted in the form of a check or money order made payable to the
Texas Natural Resource
Conservation Commission (TNRCC) and delivered with the application for a flexible permit or flexible permit
amendment to the
commission’s New Source Review Permitting Division
TNRCC’s Office Air Q u ality
New S ource R e v iew P rogra m

. Required fees must be received before the agency will begin examination of the application. Submitted 10/4/2002; resubmitted 10/21/2013 (c) Payment of fees. All permit fees for a flexible permit shall be
remitted in the form of a check, certified check,
electronic funds transfer, or money order made payable to the
Texas Commission on
Environmental Quality
Te x a s N a tur a l Resou r ce Conservation
C omm ission and
delivered with the application for a flexible permit or flexible permit
amendment to the
commission’s New Source Review Permitting Division. Required fees
must be received before the agency will begin
examination of the application. Approval. Not separable from other provisions relating to the Texa s Flexible Permits Program. The mino r source federal rules
have no fees requirements, it is a more stringent provision and therefore protective of the NAAQS.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review Stat e Implementation Plan ; Flexible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

99 Submitted 11/29/1994; resubmitted 10/21/2013 (d) Return of fees. Fees must be paid at the time an application for a flexible permit or flexible permit
amendment is submitted. If the applicant withdraws the application prior to issuance of the flexible permit or flexible permit amendment, one-half of the fee will be refunded, except
that the entire fee will be refunded for any such application for which a standard exemption is allowed.
No fees will be refunded after a deficient application has been voided, denied, or after a flexible permit or flexible permit amendment has been issued by the agency. Submitted 7/22/1998; resubmitted 10/21/2013 (d)
Return of fees. Fees must be paid at the time an application for a flexible permit or flexible permit
amendment is submitted. If the applicant withdraws the application prior to issuance of the flexible permit or flexible permit amendment, one-half of the fee will be refunded, except that the entire fee will be refunded for any such application for which an exemption under Chapter 106 of this chapter (relating to Exemptions from Permitting) a standard exemption is allowed.
No fees will be refunded after a deficient application has been voided, denied, or after a flexible permit or flexible permit amendment has been issued by the agency. Submitted 9/11/2000; resubmitted 10/21/2013 (d) Return of fees. Fees must be paid at the time an application for a flexible permit or flexible permit
amendment is submitted. If the applicant withdraws the application prior to issuance of the flexible permit or flexible permit amendment,
one-half of the fee will be refunded, except that the
entire fee will be refunded for any such application
for which a permit by rule

a n exe m ption under Chapter 106 of this chapter (relating to Permits by
Rule Exe m ptio n s from
Per m itting ) is allowed. No
fees will be refunded after a deficient application has been voided, denied, or after a flexible permit or flexible permit
amendment has been issued by the agency. Approval. Not separable
from other provisions relating
to the Texas
Flexible Permits Program. The
minor source
federal rules have
no fees requirements, it is a more stringent provision and therefore protective of the NAAQS.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

100 1. Background on 30 TAC § 116.760. Flexible Permit Renewal.

Current SIP-Approved 30 TAC § 116.760:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP amendment was submitted November 29, 1994; adopted by TNRCC November 16, 1994, effective December 8, 1994. This was resubmitted October 21, 2013.

Proposed Action:

• Approval of the addition of 30 TAC § 116.760.

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.760

– Flexible Permit Renewal Comments
S ubmitted 11/29 / 199 4 ; resubmitted 10/21/2013 Flexible permits will be renewed in accordance with Subchapter D of this chapter (relating to Permit Renewals). Approval. Not separable from other provisions relating to the
Texas Flexible Permits Program. Meets 40 CFR Subpart 51.160(a) part of the legally enforceable procedures necessary to protect the NAAQS or
violation a control strategy

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

101 1. Background on 30 TAC § 116.765. Compliance Schedule.

Current SIP-Approved 30 TAC § 116.765:

• This section is not SIP-approved.

Revisions considered in this action:

• A SIP revision was submitted October 21, 2013; adopted by TCEQ September 24, 2013, effective September 26, 2013. The rule was adopted December 14, 2010, effective January 6, 2011.

Proposed Action:

• Approval of the addition of 30 TAC § 116.765(b) and (c).

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.765

– Compliance Schedule Comments
S ubmitted 10/ 21/2013 (b) The compliance date is 60 days after publicati on in the Federal Register of the final approval by the United States Environmental Protection Agency of these sections as revisions to the Texas State Implementation Plan. Approval. Not separable from other provisions relating to the
Texas Flexible Permits Program.

S ubmitted 10/ 21/2013 (c) Until the compliance date specified by subsection (b) of this section, a pplications for flexible permits are governed by §§116.710, 116.711, 116.715 - 116.718, 116.720, 116.721, 116.730, 116.740 and 116.750 of this title, as they existed immediately before January 5, 2011, and those rules are continued in effect for that purpose. All other sections in this subchapter remain applicable to applications for flexible permits. Approval. Not separable from other provisions relating to the
Texas Flexible Permits Program.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

102 1. Background on 30 TAC §§ 116.793-116.802 and §§ 116.804-116.807.

Current SIP-Approved 30 TAC §§ 116.793-116.802 and §§ 116.804-116.807

 These sections are not SIP-approved.

Revisions considered in this action:

 A SIP amendment was adopted May 22 , 2002, effective June 12, 2002, except §§ 116.794(11), 116. 795(f) and 116.799 (a), which were returned to the Commission by letter from EPA dated June 29, 2011.

 A SIP amendment for § 116.803 was adopted August 21, 2002, effective September 12, 2002.

Proposed Action:

 These Sections were withdrawn from consideration in the October 21, 2013,
submittal.

2. Evaluation Matrix.

Annotation and Evaluation Comments

30 TAC § 116.793 Adopted 5/22/2002 (a) Existing facility flexible permit. The owner or operator of a grandfathered facility or group of grandfathered facilities at a site may apply for an existing facility flexible pe rmit. The existing facility flexible permit may also includ e facilities permitted under TCAA, §382.0519. A person may apply for an existing facility flexible pe rmit in accordance with §116.794 of this title (relating to Existing Facility Flexible Permit Applicati on) for a facility, group of facili ties, or account, provided that: (1) only one existing facilit y flexible permit may be i ssued at an account site; (2) modifications to facilities covered by an existing facility flexible permit may be handled through the amendment of the existing facility flexible permit; (3) permitting of a new facility may be handled through the amendm ent of an existing facility flexible permit; and (4) an existing facilit y flexible permit may not cover source s at more than one account site. (b) Change in ownership. The new owner of a facility, group of facilities, or account shall comply with §116.110(d) of this title (relating to Applicability) provided however, that all facilities covered by an existing facility flexible permit must change owners hip at the same time and to the same person, or both the new owner and existing permit holder must obtain a permit alteration allocating the emission caps or individual emission limitation 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 permit holder remains re sponsible for ensuring compliance w ith the existing facility flexible permit and all rules and regulations of the commission. (c) Applications for an existing facility flexible permit shall be submitted under the seal of a Texas licensed professional engineer if requi red by §116.110(e) of this title. (d) Responsibility for existing facilit y flexible permit application. The owner of the facility, group of facilities, or account or the operator of the facility, gr oup of facilities, or acc ount who is authorized to act for the owner is responsible for complying with th is section, except as provided by subsection (b) of
this section. Withdrawn with
10/21/2013 Submittal.

30 TAC § 116.794 Withdrawn with

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

103 Ado p ted 5/22/2002 Any application for a new existing facility flexible permit must include a completed Form PI-1G, Grandfathered Facility Permit Application. The Fo rm PI-1G must be signed by an authorized representative of the applicant. The Form PI-1G speci fies additional support in formation which must be provided before the application is d eemed complete. In order to be granted an existing facility flexible permit, the owner or operator of the grandfathere d facility shall submit information to the commission which demonstrates that all of the following are met. (1) Protection of public health and welfare. The em issions from the facility, group of facilities, or account as determined under §116.800 of this title (relating to Emission Caps and Individual Emission Limitations), will comply with all rules and regula tions of the commission and with the intent of the TCAA, including protection of the health and physical property of the people. (2) Measurement of emissi ons. The facility, group of facilities, or account will ha ve provisions for measuring the emission of air contaminants as determined by the executive director. This may include the installation of sampling ports on exhaust stacks and construc tion of sampling platforms in accordance with guidelines in the "Texas Natural Resource Conservation Commission Sampling
Procedures Manual." (3) Control method. The grandfathered facility or group of grandfathered facilities shall use an air pollution control method that is at least as benefici al as the best available control technology (BACT) that the commission required or would have required for a facility of the same class or type as a condition of issuing a permit or permit amendment 120 months before the submittal of the existing facility permit application, considering the age and re maining useful life of the facility. Facilities located
in nonattainment or near nonattainment areas which obtained a voluntary emission reduction permit (VERP) under Division 4 of this subchapter (rela ting to Voluntary Emissi on Reduction Permits) shall use generally available control technology (GACT). Control technology beyond ten year old BACT, GACT, or a combination of ten year old BACT and GACT may be used on certain facilities to provide the emission reductions necessary to comply with this requirement on a group of facilities or account basis, provided however, that the existing level of control may not be lesse ned for any facility. (4) New Source Performance Standards (NSPS). The emi ssions from each affected facility as defined in 40 Code of Federal Regulations (CFR), Part 60 will meet at least the requirements of any applicable
NSPS as listed under 40 CFR Part 60, promulgated by the EPA unde r authority granted under FCAA, §111, as amended. (5) National Emission Standards for Hazardous Air Pollutants (NESHAP). The emissions from each facility as defined in 40 CFR Part 61 will meet at least the requirements of any applicable NESHAP, as listed under 40 CFR Part 61, promulgated by EP A under authority granted under FCAA, §112, as
amended. (6) NESHAPs for source categories. The emissions from each affected facility shall meet at least the requirements of any applicable maximum achievable control technol ogy (MACT) standard as listed under 40 CFR Part 63, promulgated by the EPA unde r FCAA, §112 or as listed under Chapter 113, Subchapter C of this title (relating to National Emission Standards for Haza rdous Air Pollutants for Source Categories (FCAA S ection 112, 40 CFR 63)). (7) Performance demonstration. The facility, gro up of facilities, or ac count will achieve the performance specified in the existing facility flexible permit application. The applicant may be required to submit additional engineering data after an existing facility flexible permit has been issued in order to demonstrate further that the facility, group of fa cilities, or account will achieve the performance specified in the existing facility flexible pe rmit. In addition, initial compliance testing with ongoing compliance determined through e ngineering calculations based on measured process variables, parametric or predictive monito ring, stack monitoring, or stac k testing may be required. (8) Nonattainment review. If the facility, group of facilities, or account is located in a nonattainment area, each facility shall comply with all applicable requirements in accordance with Subchapter B,
Division 5 of this chapter (relating to Nonattainment Review). (9) Prevention of Significant Deterioration (PSD) review. If the facility, group of facilities, or account is located in an attainment area, each facility shall comply with all applicable requirements in accordance with Subchapter B, Division 6 of this chapter (relating to Prevention of Significant Deterioration Review). (10) Air dispersion modeling or ambient monitori ng. Computerized air dispersion modeling and/or ambient monitoring may be required by the commissi on's Air Permits Division to determine the air quality impacts from the facility, group of facilities, or account. (11) Federal standards of review for constructe d or reconstructed major sources of hazardous air pollutants. If the source is an affected source (as defined in §116.15(1 ) of this title (re lating to Section 10/21/2013 Submittal except for § 116.794(11), which was returned to the Commission by letter from EPA dated 6/29/2011.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

104 112(g) Definitions)), it shall comply with all applicable requirements in accordance with Subchapter C of this chapter (relating to Hazardous Air Pollu tants: Regulations Gove rning Constructed or Reconstructed Major Sources (FCAA, Section 112(g), 40 CFR Part 63)). (12) Mass cap and trade allocations. If subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) the facility, group of facilities, or account must obtain allocations to operate. (13) Application content. In addition to any othe r requirements of this chapter, the applicant shall: (A) identify each air contaminant for which an emission cap is desired; (B) identify each facility to be include d in the existing facility flexible permit; (C) identify each source of em issions to be included in the existing facility flexible permit, and for each source of emissions identify the Emission Point Number (EPN) and the air contaminants emitted; (D) for each emission cap, identify all associated EPNs and provide emission rate calculations based on the expected maximum capacity and th e proposed control technology; and (E) for each individual emission limitation, identify the EPN and provide emission rate calculations based on the expected maximum capacity and the proposed control technology. (14) Proposed control technology and compliance demonstration. The applicant shall specify the control technology proposed for each unit to meet the emission cap and demonstrate compliance with all emission caps at expected maximum producti on capacity.
30 TAC § 116.795 Adopted 5/22/2002 (a) An applicant for a permit under this division relating to existing facility flexible permits shall publish notice of intent to obtain the permit in accordance with Chapter 39, Subchapters H and K of this title (relating to Applicability and General Provisions; and Public Notice of Air Quality Applications). (b) Any person who may be affected by emissions from a grandfathered facility may request the commission to hold a notice and comment hearing on th e application. The public comment period shall end 30 days after the publication of Notice of Receipt of Application and Intent to Obtain Permit in accordance with §39.418 of this title (relating to Notice of Receipt of Application and Intent to Obtain Permit). Any hearing request must be made in writing during the 30-day public comment period. (c) Any hearing regarding initial issuance of a permit under this division shall be conducted in accordance with the procedures in §116.796 of this title (relating to Notice and Comment Hearings for Initial Issuance of Existing Facility Flexible Permits) and not under the APA. (d) The commission's response to public comments and th e notice of its decision on whether to issue or deny a permit under this division will be conducte d in accordance with the procedures in §116.797 of this title (relating to Notice of Final Action on Ex isting Facility Flexible Permit Applications). (e) A person affected by a decision to issue or deny a permit under this division may seek review, as appropriate, in accordance with the appropriate proce dure in Chapter 50 of this title (relating to Action on Applications and Other Author izations), and may s eek judicial review under TCAA, §382.032, relating to Appeal of Commission Action. (f) Any person who applies for an amendment to an existing facility flexible permit regarding an affected source (as defined in §116.15(1) of this t itle (relating to Section 112(g) Definitions)) subject to Subchapter C of this chapter (re lating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, Section 112(g), 40 CFR Part 63)) shall comply with the

p rovisions in Chapter 39 of this title (relating to Public Notice). Withdrawn with
10/21/2013 Submittal except for § 116.795(f), which was returned to the Commission by letter from EPA dated 6/29/2011.

30 TAC § 116.796 Adopted 5/22/2002 (a) The notice and comment hearing requirements appl y only to the initial issuance of an existing facility flexible permit. (b) The commission shall decide whether to hold a he aring. The commission is not required to hold a hearing if it determines that the basis of the request by a person who may be affected by emissions from a grandfathered facility is unreasonabl e. If a hearing is requested by a person who may be affected by emissions from a grandfathered facility, and that request is reasonable, th e commission will hold a hearing. (c) At the applicant's expense, no tice of a hearing on a draft permit must be published in the public notice section of one issue of a newspaper of gene ral circulation in the municipality in which the grandfathered facility is lo cated, or in the municipality nearest to the location of the facility. The notice must be published at least 30 days before the date set for the hearing. The notice must include the following: (1) the time, place, and nature of the hearing; (2) a brief description of the purpose of the hearing; and Withdrawn with 10/21/2013 Submittal.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

105 (3) the name and phone number of the commission office to be contacted to verify that a hearing will
be held. (d) Any person, including the applic ant, may submit oral or written st atements and data concerning the draft permit. (1) The commission may set reasonable time limits fo r oral statements, and ma y require the submission of statements in writing. (2) The period for submitting written comments is automa tically extended to the close of any hearing. (3) At the hearing, the commission may extend the period for submitting written comments beyond the close of the hearing. (e) The commission will make an audio recording or written transcript of the hearing available to the public. (f) Any person, including the applicant, who believ es that any condition of the draft permit is inappropriate or that the preliminary decision to issu e or deny the permit is inappropriate, shall raise all issues and submit all arguments supporting that pos ition by the end of the public comment period. (g) Any supporting materials for comments submitte d under subsection (f) of this section must be included in full and may not be in corporated by reference, unless the materials are one of the following: (1) already part of the administrative record in the same proceedings; (2) state or federal st atutes and regulations; (3) EPA documents of general applicability; or (4) other generally availa ble reference materials. (h) The commission will keep a record of all comments received and issues raised in the hearing. This record will be available to the public. (i) The draft permit may be changed based on comment s pertaining to whether the permit provides for compliance with the requirements of this subchapter. (j) The commission will respond to comments consistent with §116.797 of this title (relating to Notice of Final Action on Existing Facility Flexible Permit Applications).
30 TAC § 116.797 Adopted 5/22/2002 (a) After the public comment period or the conc lusion of any notice and comment hearing, the commission will send notice by first-class mail of the final action on the existing facility flexible permit application to any person who commented during the publ ic comment period or at the hearing, and to the applicant. (b) The notice must include the following: (1) the response to any comments submitted during the public comment period; (2) identification of any change in the conditions of the draft permit and the reasons for the change; and (3) a statement that any person affected by the decision of the executive director may file a motion to overturn under the appropriate procedure in Chapter 50 of this title (relating to Action on Applications and Other Authorizations) and may seek judicial review under TCAA, §382.032, relating to Appeal of Commission Action. Withdrawn with
10/21/2013 Submittal.

30 TAC § 116.798 Adopted 5/22/2002 (a) Fees required. Any person who applies for a perm it under this division relating to existing facility flexible permits must remit a fee of $450 at the time of application for such pe rmit. If the facility is a small business stationary source facility as defined in TCAA, §38 2.0365(h), the fee shall be $100. (b) Payment of fees. All permit fees must be remi tted in the form of a check or money order made payable to the Texas Natural Resource Conservati on Commission and delivered to the Texas Natural Resource Conservation Commission, P. O. Box 13 088, MC 214, Austin, Texas 78711-3088. Required fees must be received before the commission will begin examination of the application. (c) Return of fees. Fees must be paid at the time an application for a permit is submitted in accordance with this division. If the applicant withdraws the appl ication prior to issuance of the permit, one-half of the fee will be refunded, except that the entire fee will be refunded for any such application for which a permit by rule in accordance with Chapter 106 of this title (relating to Permits by Rule) is allowed. No fees will be refunded after a deficient application has been voided, denied, or after a permit has been issued by the commission. Withdrawn with 10/21/2013 Submittal.

30 TAC § 116.799 Adopted 5/22/2002 (a) Existing facility flexible permits may contain ge neral and special conditions. The holders of existing facility flexible permits shall comp ly with any and all such conditi ons. Upon a specific finding by the executive director that an increase of a particular air contaminant could result in a significant impact on Withdrawn with
10/21/2013 Submittal except for § 116.799(a), which was

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

106 the air environment, or could cause the facility, gr oup of facilities, or account to become subject to
review in accordance with §§116.150, 116.151, and 116.160 - 116.163 of this title (relating to
Nonattainment Review or Prevention of Significant Deterioration Revi ew); or Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, Section 112(g), 40 CFR Part 63)), the permit may include a special condition which requires the permittee to obtain written approval from the executive director before constructing a facility under a standard permit or a permit by rule under Chapter 106 of th is title (relating to Permits by Rule). (b) A pollutant specific emission cap or multiple emission caps and/or individual emission limitations shall be established for each air contaminant for all facilities authorized by the existing facility flexible permit. (c) The following general conditions shall be appli cable to every existing f acility flexible permit. (1) Sampling requirements. If sampli ng of stacks or process vents is required, the existing facility flexible permit holder shall contact the commission's Office of Compliance and Enforcement, Engineering Services Section 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 existing facility flexible permit holder is also responsible for providing sampling facilities and conducting the sampling opera tions, or contracting with an independent sampling consultant. (2) Equivalency of methods. It shall be the responsi bility of the existing facility flexible permit holder to demonstrate or otherwise just ify the equivalency of emission co ntrol methods, sampling or other emission testing methods, and monitoring methods propos ed as alternatives to methods indicated in the conditions of the existing facility flexible permit. A lternative methods shall be applied for in writing and must be reviewed and approved by th e executive director prior to their use in fulfilling any requirements of the permit. (3) Recordkeeping. A copy of the existing facility flexible permit along with information and data sufficient to demonstrate continuous complianc e with the emission caps and individual emission limitations contained in the existing facility flexible pe rmit shall be maintained in a file at the plant site, and made available at the requ est of personnel from the commission or any air pollution control program having jurisdiction. For f acilities that normally operate unattended, this information shall be maintained at the nearest staffed location within the State of Texas specified by the permit holder in the permit application. This information may 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 existing facility flexible permit. Information in the fi le shall be retained for at least two years following
the date that the information or data is obtained. (4) Maximum allowable emi ssion rates. An existing facility flexib le permit covers only those sources of
emissions and those air contaminants listed in th e table entitled "Emission S ources, Emissions Caps and Individual Emission Limitations" attached to the existing facility flexible permit. Existing facility flexible permitted sources are limited to the emission limits and other conditions specified in the table attached to the existing facility flexible permit. (5) Emission cap readjustment. If a schedule to inst all additional controls is included in the existing facility flexible permit and a facility subject to such a schedule is taken out of service, the emission cap contained in the existing facility flexible permit will be readjusted for the period the unit is out of service to a level as if no schedule had been established. Unless a special provision specifies the method of readjustment of the emission cap, a permit alteration shall be obtained. (6) Maintenance of emission control. The facilities covered by the existing facility flexible permit shall not be operated unless all air pollution emission captu re and abatement equipmen t is maintained in good working order and operating properly during normal facility operations. Notification for upset and
maintenance shall be made in accordance with §101.6 and §101.7 of this title (relating to Upset Reporting and Recordkeeping Requirements; and Ma intenance, Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements). (7) Compliance with rules. Acceptance of an existing facility flexible permit by a permit applicant constitutes an acknowledgment and agre ement that the holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the granting of the permit. If more than one state or federal rule or regulation or existing facility flexible

perm it condition are applicable, then the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate returned to the Commission by letter from EPA dated 6/29/2011.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

107 conditions relating to the emission or concentration of air contaminants, including compliance with the existing facility flexible permit. (d) There may be additional special conditions attach ed to an existing facility flexible permit upon issuance or amendment of the permit. Such conditions in an exis ting facility flexible permit may be more restrictive than the requirements of this title.
30 TAC § 116.800 Adopted 5/22/2002 (a) Emission caps. Each emission cap for a specific pollutant will be established as follows. (1) Emissions will be calculated for each facility based on application of best available control technology (BACT) that the commission required or would have required for a facility of the same class or type as a condition of issuing a permit or permit amendment 120 months before the submittal of the existing facility permit application considering the age and remaining useful life of the facility, generally available control technology (GACT) for facilities with a voluntary emission reduction permit
located in nonattainment areas or near nonattainment areas, or a combination of ten year old BACT and GACT at expected maximum capacity. (2) The calculated emissions will be summed. (b) Individual emission limitations. An individual emission limitation will be established in the same permit for each pollutant not covered by an emission cap for facilities covered by the existing facility flexible permit. In addition, an individual emission limitation may be established for a pollutant covered by an emission cap when the expected capacity of a facility is less than the expected maximum capacity to prevent a facility from exceeding emission le vels appropriate for the proposed controls. (c) Readjustment of emission cap. If a facility subj ect to an emission cap is shut down for a period longer than 12 months, the emission cap shall be readjusted by lowe ring the emission cap by an amount that the shut down facility contributed to the original calculation of the emission cap. If a new facility is brought into the existing facility flexible permit, an emission cap shall be adjusted by modifying the emission cap accordingly. (d) An emission cap will be readjusted downward for any facility covered by an existing facility flexible permit if that facility becomes subject to any new state or federal regulation which would lower emissions or require an emission reduction. The adjustment will be made at the time the existing facility flexible permit is amended or altered. If an amendment to an existing facility flexible permit is not required to meet the new regulation, the permittee must submit a request to alter the permit and include information describing how compliance with the new re quirement will be demons trated within 60 days of making the change. Withdrawn with
10/21/2013 Submittal.

30 TAC § 116.801 Adopted 5/22/2002 If the installation of additional controls is required for a grandfathered facility to meet an emission cap for a pollutant, the existing facility flexible permit shall specify an implementation schedule for such additional controls. Any such schedule shall require installation of controls before March 1, 2007 for
facilities located in the Ea st Texas region as defined in §101.330 of this title (relating to Definitions), or before March 1, 2008 for facilities located in the We st Texas region as defined in §101.330 of this title or El Paso County. The permit may also specify how the emission cap will be adjusted if such a facility is taken out of service or fails to install the additional control equipment as provided by the implementation schedule. Withdrawn with
10/21/2013 Submittal.

30 TAC § 116.802 Adopted 5/22/2002 An increase in emissions from operational or physical changes at an existing facility covered by an existing facility flexible permit is insignificant for the purposes of state new source review under this subchapter, if the increase does not exceed either the emission cap or individual emission limitation for the facility covered by the existing facility flexible permit. This section does not apply to an increase in emissions from a new facility nor to the emission of an air contaminant not previously emitted by an existing facility. Withdrawn with
10/21/2013 Submittal.

30 TAC § 116.803 Adopted 8/21/2002 Any application for an existing facility flexible permit must include emissions from the facility resulting from any associated dockside vessel operations. These emissions must comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of the health and property of the public and minimiza tion of emissions to the extent po ssible, consistent with good air

p ollution control practices. Withdrawn with
10/21/2013 Submittal.

## TECHNICAL SUPPORT DOCUMENT
Amendments to the New Source Review State Im plementation Plan; Flex ible Permits Program 30 TAC Chapter 39 and 30 TAC Chapter 116

Docket No. EPA-R06-OAR-2013-0542

108 30 TAC § 116.804 Adopted 5/22/2002 Neither operational nor physical changes at an account may result in an increase in actual emissions at facilities not covered by the existing facility flexible permit unless those affected facilities are authorized in accordance with §116.110 of this title (relating to Applicability). Withdrawn with 10/21/2013 Submittal.

30 TAC § 116.805 Adopted 5/22/2002 The owner or operator planning a modification of a facility permitted under this division, relating to existing facility flexible permits, must comply with the requirements of Subchapter B of this chapter (relating to New Source Review Perm its) before work begins on the construction of the modification. Amendments and alterations for existing facility fl exible permits are subject to the requirements of Subchapter B of this chapter. Withdrawn with
10/21/2013 Submittal.

30 TAC § 116.806 Adopted 5/22/2002 Permits issued under this division, relating to existing facility flexible permits, will be renewed in accordance with the requirements of Subchapter D of this chapter (relating to Permit Renewals). Withdrawn with 10/21/2013 Submittal.

30 TAC § 116.807 Adopted 5/22/2002 The commission delegates to the executive director the authority to take any action on a permit issued under this division, relating to ex isting facility flex ible permits. Withdrawn with 10/21/2013 Submittal.Permit No. Company Name Facility Type/Name

21865 Akzo Nobel Polymer Chemical LLC Pasadena Facility

50595 Nustar Logistics Alon USA Southlake Refining Terminal

583A Chevron Phillips Chem Co HDPE Plant

6056 Motiva Enterprise LLC Petroleum Refinery

9708 Diamond Shamrock Refining Co. LP Petroleum Refinery McKee Plant

6825A Premcor Refining Group Inc Valero Port Arthur Refinery

39142 Valero Refining

- Texas LP Texas City Refinery

2937 Valero Refining

- Texas LP Petroleum Refinery Corpus Christi Refinery East Plant

50607 Diamond Shamrock Refining Co. LP Petroleum Refinery Three Rivers

38754 Valero Refining

- Texas LP Petroleum Refinery Corpus Christi Refinery West Plant

56340 Magellan Pipeline Co Hearne Tank Farm

1296A Magellan Pipeline Terminals LP West Fort Worth (Aledo) Terminal

70042 Magellan Pipeline Terminals LP Bulk Liquids Storage Terminal

4850 Magellan Terminals Holdings LP Galena Park Terminal54984 Nustar Logistics Texas City Tank Farm

3284 Oiltanking Texas City LP Texas City Terminal

32713 Chevron Phillips Chem Co LP Port Arthur Facility

21356 Oiltanking Beaumont Partners LP Beaumont Terminal

5631 Oiltanking Houston LP Houston Terminal

84802 US Dept of Energy Pantex Plant

28351 Ineos Polymers Inc La Porte Plant

94791 Univar USA Inc. Houston Facility

78189 Chevron Products Midland Facility

49823 Ineos USA LLC La Porte Plant

95 Ineos USA LLC Chocolate Bayou

6606 Flint Hills Resources Corpus Christi LLC Ingleside Facility

19035 Motiva Enterprise LLC San Antonio Terminal

37200 Motiva Enterprise LLC Ft. Worth Terminal

31978 Motiva Enterprise LLC Waco Terminal

1285 Motiva Enterprise LLC Dallas Terminal

48662 Motiva Enterprise LLC Beaumont Terminal2167 Houston Refining Houston Facility

76070 Enterprise Products Operating Mont Belvieu

8404 Motiva Enterprise LLC Port Arthur Refinery

56253 Shell Pipeline Company LP El Vista Tank Farm (Port Arthur)

56342 Shell Pipeline Company LP Port Arthur Products Station

72760 Plains Pipeline LP Colorado City Facility

72985 Plains Pipeline LP Crane Facility

73383 Plains Pipeline LP Hendrick Tank Farm

73458 Plains Pipeline LP Wasson Pumping Station

82132 Ineos Americas LLC Port Arthur

72763 Plains Pipeline LP Midland Mesa

47256 BP Products North America Inc Texas City

1176 BP Amoco Chemical Company Texas City

72712 Plains Pipeline LP Midland Mesa

72984 Plains Pipeline LP Crane Facility

72762 Plains Pipeline LP Midland Mesa73368 Plains Pipeline LP Monahans Facility

76165 EI DuPont Neumours El Paso Facility

56121 Citgo Pipeline Company Sour Lake Tank Farm

73357 Plains Pipeline LP McCamey Facility

22433 Marathon Petroleum Company LP Texas City Refinery

6308 Flint Hills Resources Corpus Christi LLC East Refinery

49131 ExxonMobil Oil Corporation Colonial Storage Facility

18897 Western Refining El Paso Facility

72761 Plains Pipeline LP Wichita Falls Facility

32468 Chemical Research & Licensing Program Pasadena Facility

292 Firestone Polymers LLC Orange Facility

50478 Chemicals Incorporated Hatcherville Plant

21262 Shell Oil Company Deer Park

72661 Sunoco Pipeline LP Colorado City Station

56496 Shell Chemical LP Deer Park

6618 The Goodyear Tire & Rubber Company Houston28340 Explorer Pipeline Company Arlington Pumping Station Pipeline

8803A Flint Hills Resources Corpus Christi LLC West Plant

49138 ExxonMobil Oil Corporation Beaumont

36845 Alon USA LP Big Spring

18105 Flints Hill Resources Polymers LLC Longview Facility

9868A Phillips 66 Company Borger Facility

3452 ExxonMobil Oil Corporation Baytown Olefins

20211 ExxonMobil Oil Corporation Baytown Chemical

18287 ExxonMobil Oil Corporation Baytown

20432 The Dow Chemical Company Freeport

4437A Chevron Phillips Chemical Company LP Pasadena Facility

22690 Chevron Phillips Chemical Company LP Old Ocean

21918 Chevron Phillips Chemical Company LP Borger Facility

16989 Flint Hills Resources Port Arthur LLC Port Arthur Facility21548 BAE Systems Tactical Vehicle Systems, LP Coating of Tactical Vehicles

19297 Praxair Texas City Hydrogen Complex Hydrogen for Natural Gas

76044 Formosa Plastics Corp. Pet Coke EGU

93959 US Dept of the Army Ft. Bliss

8996 Holcim Texas LP Cement Plant

77410 Leedo Manufacturing Co LP East Bernard Plant

70861 Sandy Creek Energy Associates LP Energy Station

81030 Toyo Ink International Corp Bryan Manuf. Facility

48056 UT Health Science Center San Antonio San Antonio

56685 850 Pine Street Inc Island Park Fabrication Plant

74886 The Sherwin Williams Company Garland Facility

51770 LCRA Coal

- fired Power Plant

31914
56216 Sweeny Cogeneration LP Natural Gas Fired Boilers

47724 Trane US Inc. Manufacturer of A/C systems

77679 Nacogdoches Power LLC Biomass boilers for electric utility

34184 CB&I Houston Facility

71739 Cobisa

- Greenville Greenville Facility56233 Campbell Soup Supply Company LLC Paris Facility

74599 Forbo Adhesives LLC Dallas Facility

6081 General Aluminum Company of Texas LLC Carrollton Facility

72302 Lonestar Fiberglass Pools LLC Kingsbury Facility

17210 NCI Group Inc Houston Facility

18495 Gardner Glass Products Inc Huntsville Facility

71623 3M Company Brownwood Facility

16862 Lockheed Martin Corporation Air Force Plant 4 (Ft. Worth)

49230 Tex

- Trude LP Channelview

53418 Stewart & Stevenson LLC Houston

40933 Goodyear Tire & Rubber Company Tyler Facility

80987 Rio Grande Mining Company Shafter Mine

664 EBAA Iron Inc Eastland Facility

1862A PPG Industries, Inc La Porte Facility18330 Dal

- Tile Corporation Dallas Facility

21318 Rangen Inc Angleton Feedmill

24679 Norbord Texas Jefferson Jefferson Facility

9958 Norbord Texas Nacogdoches Inc Nacogdoches Facility

103781 Sunoco Pipeline LP Ringgold Station

1889A CITGO PETROLEUM NORTH HOUSTON TERMINAL

19079 FLINT HILLS RESOURCES AUSTIN TERMINAL

19082 SAN ANTONIO TERMINAL

74485 PORT ARTHUR LNG LP

83149 MUSTANG RIDGE TERMINAL

22104 MITSUBISHI CATERPILLAR FORKLIFT AMERICA INC