ATTACHMENT A 

TECHNICAL SUPPORT DOCUMENT 

FOR EPA SIP ACTIONS 

ON REVISIONS TO 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

30 TAC CHAPTER 116 

CONTROL OF AIR POLLUTION BY PERMITS 

 

 FOR NEW CONSTRUCTION OR MODIFICATION 

SUBMITTED 

JANUARY 3, 2000 - GRANDFATHERED ELECTRIC 

GENERATING FACILITIES 

 Prepared by: 

Richard A. Barrett, Air Permits Section, 6PD-R 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue, Dallas, Texas 75202-2733 

Telephone: (214) 665-7227
TECHNICAL SUPPORT DOCUMENT 

TABLE OF CONTENTS 

 Page 

I. INTRODUCTION .............................................................................................................. 1 

II. BACKGROUND OF TACB 30 TAC CHAPTER 116 RELATING TO PERMITTING 

OF GRANDFATHERED ELECTRIC GENERATING FACILITIES ............................. 1 

A. Original Promulgation of Chapter 116 into the Texas SIP. ................................. 1-2 

B. Approval of Texas New Source Review Regulations for 

Grandfathered Electric Generating Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

2 

III. SIP REVISIONS ACTED UPON IN THIS NOTICE ........................................................3 

Additions to Chapters 116. Adopted by TCEQ on December 16, 1999; Governor 

Submitted to EPA on January 3, 2000. 

 

IV. EPA EVALUATION OF SUBMITTED SIP REVISIONS .............................................. 3 

A. Summary of Texas Chapter 116, Control of Air Pollution by Permits for New 

Construction or Modification, Subchapter A: Definitions. 

Section 116.18. Electric Generating Facility Permits Definitions. 

 a. Allowance ............................................................................................................3 

 b. Capacity Factor ................................................................................................ 3-4 

 c. Coal ......................................................................................................................3 

 d. Coal-fired .............................................................................................................3 

 e. Compliance Account ............................................................................................3 

 f. Control Period ......................................................................................................3 

 g. Electing EGF .................................................................................................... 3-4 

 h. Electric Generating Facility (EGF) ......................................................................4 

 i. Grandfathered EGF ...............................................................................................4 

 j. Nameplate Capacity .......................................................................................... 4-5 

k. Peaking Unit .................................................................................................... 4-5 

l. Person ...................................................................................................................4 

B. Summary of Texas Chapter 116, Control of Air Pollution by Permits for New 

Construction or Modification, Subchapter I: Electric Generating Facility Permits, 

sections 116.910-914, 116.916, 116.920-922, 116.930, 116.931. 

1. 116.910 Applicability ...................................................................................... 5-8 

2. 116.911 Electric Generating Facility Permit Application ............................. 9-12 

3. 116.912 Electing Electric Generating Facilities Conditions ....................... 12-13 

4. 116.913 General and Special Conditions .................................................... 13-15 

5. 116.914 Emissions Monitoring and Reporting Requirements ..................... 16-19 
TECHNICAL SUPPORT DOCUMENT 

 

 

6. 116.916 Permits for Grandfathered Electing Electric Generating Facilities in El 

Paso County .......................................................................................................20 

7. 116.920 Public Participation for Initial Issuance .............................. 21-

22 

 8. 116.921 Notice and Comment Hearings for Initial Issuance ....................... 22-25 

9. 116.922 Notice of Final Action .........................................................................25 

10. 116.930 Modifications .....................................................................................26 

11. 116.931 Renewal ......................................................................26 

C. 30 TAC Chapter 101, Subchapter H, Emissions Banking and Trading (30 TAC 

Chapter 101, Subchapter H, is being evaluated in a separate TSD and proposed 

separately). 

V. EPA CONCLUSIONS/RECOMMENDATIONS. ............................................................26 

 A. General Discussion ......................................................................................................26 

B. EPA Action ..................................................................................26-27 

 TABLES. "Tables of Texas Commission on Environmental Quality Chapter 116, Subchapter I, 

Changes Pertaining to Permitting Grandfathered Electric Generating Facilities" . . . 

. . . . . . . . . . . . . . . . . 5-26 

I. INTRODUCTION 

This technical support document (TSD) discusses certain revisions to Texas Commission 

on Environmental Quality's 30 Texas Administrative Code, Chapter 116, "Control of Air 

Pollution by Permits for New Construction or Modification" which implements the provisions of 

the Texas State Implementation Plan (SIP) for permitting grandfathered electric generating 

facilities. The Governor of Texas submitted SIP revisions to the Environmental Protection 

Agency (EPA), after adequate notices and public hearings, on January 3, 2000. 

The TSD includes a "Tables of Texas Commission on Environmental Quality 

Chapter 116 Subchapter I Changes Pertaining to Permitting Grandfathered Electric Generating 

Facilities", which shows the changes that EPA proposes to approve in new Subchapter I. The 

tables indicate the changes that Texas has submitted, the Federal requirements which correspond 

to the changes, and whether the changes meet the requirements. 
 

II. BACKGROUND OF TACB CHAPTER 116 RELATING TO PERMITTING OF 

GRANDFATHERED ELECTRIC GENERATING FACILITIES

A. Original Promulgation of Chapter 116 (Regulation VI) into the Texas SIP

Regulation VI was first adopted by the State on April 21, 1971. A revised Regulation VI 

adopted January 26, 1972, was submitted to EPA with the original Texas SIP and will be 

referred to as the "Original" SIP Regulation VI in this report. The Original Texas SIP was 

conditionally approved in the Federal Register on May 31, 1972, at 37 FR 10895. The notice did 

not cite Regulation VI nor did it disapprove the Texas SIP for failure to meet the requirements of 

40 CFR 51.18, Review of New Sources and Modifications. Therefore it is assumed that the 

Regulation VI submitted to EPA on January 26, 1972, was fully approved. 

B. Approval of Texas New Source Review Regulations for 

Grandfathered Electric Generating Facilities 

Senate Bill 7 (SB 7), 76th Legislature, 1999, amended Texas Utilities Code (TUC), Title 

2, concerning Public Utility Regulatory Act, Subtitle B, concerning Electric Utilities, and created 

a new TUC, Chapter 39, concerning Restructuring of Electric Utility Industry. SB 7 requires the 

commission to implement the permitting and allowance requirements of new TUC, section 

39.264, concerning Emissions Reductions of “Grandfathered Facilities.” Section 39.264 requires 

electric generating facilities (EGF) that were existing on January 1, 1999, and that were not 

subject to the requirement to obtain a permit under Texas Clean Air Act (TCAA), §382.0518(g), 

to obtain a permit from the commission. These facilities are referred to as grandfathered 

facilities. A grandfathered facility is one that existed at the time the Legislature amended the 

TCAA in 1971. These facilities were not required to comply with (i.e., grandfathered from) the 

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

air contaminants. It is the intent of SB 7 that for the 12-month period beginning May 1, 2003, 

and for each 12-month period following, annual emissions of Nitrogen Oxides (NOx) from 

grandfathered EGFs not exceed 50% of the NOx emissions reported to the commission for 1997. 

Furthermore, it is the intent of the legislation that emissions of Sulfur Dioxide (SO2) from coalfired EGFs not exceed 75% of the SO2 emissions reported to the commission in 1997. 

These new sections were adopted concurrently with amendments and new sections in 30 

TAC Chapter 101, concerning General Rules. The new Division 2, concerning Emission 

Banking and Trading of Allowances, in the new Chapter 101, Subchapter H, concerning 

Emissions Banking and Trading, sets out the allowance system to be used to assist grandfathered 

and electing EGFs in meeting the emission reduction requirements of TUC, section 39.264. The 

purpose of the rulemaking in these chapters is to implement permit and emission control 

requirements, including emission banking and trading of allowances (EBTA), for grandfathered 

and electing EGFs and related permit application and public notice procedures. The permit 
TECHNICAL SUPPORT DOCUMENT 

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application and public notice procedures are the subject of these amendments to Chapter 116. 

III. SIP REVISIONS ACTED UPON IN THIS NOTICE

Adopted by TCEQ on December 16, 1999; Governor submittal to EPA dated January 3, 

2000; EPA received on January 13, 2000. 

Texas submitted revisions to Chapter 116, which includes Subchapter A, definitions of 

words and terms when used in Subchapter I; and Subchapter I, which implements applicability 

for grandfathered and electing EGF’s, with related permit application and public notice 

procedures. 

Texas also submitted revisions which include the new Chapter 101, Subchapter H, 

Emissions Banking and Trading referred to above. 30 TAC Chapter 101, Subchapter H, will be 

the subject of a separate rulemaking action. 

IV. EPA EVALUATION OF SUBMITTED SIP REVISIONS

A. Summary of Texas Chapter 116, Control of Air Pollution by Permits for New 

Construction or Modification, Subchapter A: Definitions 

 Section 116.18. Electric Generating Facility Permits Definitions. 

 

a. Allowance - As defined in §101.330(1) of this title 

(See separate rulemaking action for Chapter 101, Subchapter H). 

b. Capacity Factor - Either: 

(A) the ratio of an electric generating facility’s (EGF) actual annual 

electric output (expressed in megawatt-hours) to the EGF's nameplate 

capacity times 8,760 hours; or 

(B) the ratio of an EGF's annual heat input (in millions of British thermal 

units (MMBtu)) to the EGF's maximum design heat input (in MMBtu per 

hour) times 8,760 hours. 

c. Coal - As defined in §101.330(6) of this title 

(See separate rulemaking action for Chapter 101, Subchapter H). 

d. Coal-fired - As defined in §101.330(7) of this 

(See separate rulemaking action for Chapter 101, Subchapter H). 

e. Compliance Account - As defined in §101.330(8) of this title (See separate 

rulemaking action for Chapter 101, Subchapter H). 
TECHNICAL SUPPORT DOCUMENT 

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f. Control Period - As defined in §101.330(9) of this title (See separate 

rulemaking action for Chapter 101, Subchapter H). 

g. Electing EGF - As defined in §101.330(11) of this title (See separate 

rulemaking action for Chapter 101, Subchapter H). 

h. Electric Generating Facility (EGF) - As defined in §101.330(12) of this title 

(See separate rulemaking action for Chapter 101, Subchapter H). 

i. Grandfathered EGF - As defined in §101.330(14) of this title (See separate 

rulemaking action for Chapter 101, Subchapter H). 

j. Nameplate Capacity - The maximum electrical output (expressed in megawatts) 

that an EGF can sustain over a specified period of time when not restricted 

by seasonal or other deratings. 

k. Peaking Unit - An EGF that has: 

(A) an average capacity factor of no more than 10% during the past three 

calendar years; and 

(B) a capacity factor of no more than 20% in each of those calendar years 

l. Person - As defined in §101.330(17) of this title 

(See separate rulemaking action for Chapter 101, Subchapter H). 

Note: The above definitions, other than “Capacity Factor, Nameplate Capacity and Peaking 

Unit”, were all revised to cross-reference concurrently adopted definitions of these terms in 30 

Texas Air Code (TAC), Chapter 101 - General Rules, Subchapter H: Emissions Banking and 

Trading, Division 2: Emissions Banking and Trading of Allowances, Section 101.330, 

Definitions. These definitions are being evaluated in a separate rulemaking action for Chapter 

101, Subchapter H. The above definitions of “Capacity Factor, Nameplate Capacity and Peaking 

Unit”, were adopted specifically to address Chapter 116, Subchapter I, and are discussed below: 

Definition of “Capacity Factor“ 

Texas adopted a new definition of "Capacity Factor" consistent with the term as defined 

in 40 CFR 72 - Permits Regulation, Subpart A - Acid Rain Program General Provisions, Section 

72.2, Definitions. The submitted definition does not conflict with the federal definition or with 

the Act. 
TECHNICAL SUPPORT DOCUMENT 

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Definition of “Nameplate Capacity” 

Texas adopted a new definition of "Nameplate Capacity" consistent with the term as 

defined in 40 CFR 72 - Permits Regulation, Subpart A - Acid Rain Program General Provisions, 

Section 72.2, Definitions. The submitted definition does not conflict with the federal definition 

or with the Act. 

Definition of “Peaking Unit” 

Texas adopted a new definition of "Peaking Unit" consistent with the term as defined in 

40 CFR 72 - Permits Regulation, Subpart A - Acid Rain Program General Provisions, Section 

72.2, Definitions. The submitted definition does not conflict with the federal definition or with 

the Act. 

B. Summary of Texas Chapter 116,Control of Air Pollution by Permits for New 

Construction or Modification, Subchapter I. Electric Generating Facility Permits, sections 

116.910-914, 116.916, 116.920-922, 116.930, 116.931. (See Tables below). 

TABLES. "Tables of Texas Commission on Environmental Quality Chapter 116, Subchapter I, 

Changes Pertaining to Permitting Grandfathered Electric Generating Facilities".

SUBCHAPTER I: ELECTRIC GENERATING FACILITY PERMITS 

State Regulation Federal Requirement Federal Requirement Met? 

§116.910. Applicability. 
TECHNICAL SUPPORT DOCUMENT 

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State Regulation Federal Requirement Federal Requirement Met? 

(a) The owner or operator 

of a grandfathered electric 

generating facility (EGF) shall 

apply for a permit to operate that 

facility under this subchapter. 

40 CFR 51.160(a). 

 (a) Each plan must set forth legally 

enforceable procedures that enable the 

State ... to determine whether the 

construction or modification ... will 

result in – 

 (1) A violation of applicable 

requirements of the control strategy; or 

 (2) Interference with attainment 

or maintenance of a national standard 

in the State ... . 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph 

(a) of 40 CFR 51.160. 

Meets Federal requirement.

Meets 51.160, 51.163 

(b) Owners or operators of 

electing EGFs opting to obtain 

allowances under Chapter 101, 

Subchapter H, Division 2 of this 

title (relating to Emissions Banking 

and Trading of Allowances), shall 

submit a request to alter any related 

existing New Source Review (NSR) 

permits at the time of application 

for a permit under subsection (a) of 

this section. Alterations must be 

consistent with the requirements of 

§116.116(c) of this title (relating to 

Changes to Facilities).

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph 

(a) of 40 CFR 51.160. 

Meets Federal requirement.

Meets 51.163. 

Streamlines the permitting process by 

allowing electing EGFs to obtain 

allowances under Chapter 101, 

Subchapter H, Division 2 of this 

title (relating to Emissions Banking 

and Trading of Allowances). 

See separate rulemaking action for 

Chapter 101, Subchapter H. 

Also, consistent with permitting for 

permit alterations under §116.116(c), 

approved 9/18/02, 67 FR 58709. 

(c) The owner, or the 

operator who is authorized to act for 

the owner, of a grandfathered or 

electing EGF is responsible for 

complying with this subchapter. 

40 CFR 51.166(r)(1). Source 

obligation. The plan shall include 

enforceable procedures ... that 

approval to construct shall not relieve 

any owner ... to comply fully with ... 

provisions of the plan ... . 

Meets Federal requirement.

Meets 51.166(r)(1) 

(d) A municipal 

corporation, electric cooperative, or 

river authority may exclude any 

40 CFR 72.6(b)(2). Applicability. 

The following types of units are not 

affected units subject to ... the Acid 

Rain Program: ... (2) Any unit that ... 

Meets Federal requirement.

Meets 72.6(b)(2), 51.160(a) and 

51.163. 
TECHNICAL SUPPORT DOCUMENT 

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State Regulation Federal Requirement Federal Requirement Met? 

EGF with a nameplate capacity of 

25 megawatts or less from this 

subchapter. The municipal 

corporation, electric cooperative, or 

river authority must notify the 

commission by January 1, 2000, of 

its intent to exclude those EGFs. If 

the municipal corporation, electric 

cooperative, or river authority 

reevaluates its intent to exclude 

EGFs, it may choose to permit any 

of those EGFs consistent with the 

requirements of this subchapter. 

does not ... serve a generator with a 

nameplate capacity of greater than 25 

MWe. 

40 CFR 51.160(a). Legally 

Enforceable Procedures. 

 (a) Each plan must set forth legally 

enforceable procedures that enable the 

State ... to determine whether the 

construction or modification ... will 

result in – 

 (1) A violation of applicable 

requirements of the control strategy; or 

 (2) Interference with attainment 

or maintenance of a national standard 

in the State ... . 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph 

(a) 

(e) Emissions of nitrogen 

oxides shall be permitted under this 

subchapter for any grandfathered or 

electing EGF. Emissions of sulfur 

dioxide and particulate matter shall 

be permitted under this subchapter 

only for grandfathered or electing 

coal-fired EGFs. Emissions of other 

air contaminants from 

grandfathered EGFs may be 

permitted under this subchapter, 

provided the grandfathered EGFs 

meet the requirements of Chapter 

116, Subchapter H of this title 

(relating to Voluntary Emission 

Reduction Permits). 

40 CFR 51.160(a). Legally 

Enforceable Procedures. 

 (a) Each plan must set forth legally 

enforceable procedures that enable the 

State ... to determine whether the 

construction or modification ... will 

result in – 

 (1) A violation of applicable 

requirements of the control strategy; or 

 (2) Interference with attainment 

or maintenance of a national standard 

in the State ... . 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph 

(a) 

Meets Federal requirement.

Meets 51.160(a) and 51.163. 

Streamlines the permitting process by 

allowing TCEQ to permit emissions 

of other air contaminants from 

grandfathered EGFs under 

Subchapter I, provided they meet the 

requirements of Chapter 116, 

Subchapter H of this title (relating to 

Voluntary Emission Reduction 

Permits). 

(f) Owners or operators of 

grandfathered facilities as defined 

in §116.10 of this title (relating to 

General Definitions) at sites with 

grandfathered or electing EGFs 

40 CFR 51.160(a). Legally 

Enforceable Procedures. 

 (a) Each plan must set forth 

legally enforceable procedures that 

enable the State ... to determine 

Meets Federal requirement.

Meets 51.160(a) and 51.163. 

Streamlines the permitting process by 

allowing TCEQ to consolidate the 

permits under Subchapters H and I 
TECHNICAL SUPPORT DOCUMENT 

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State Regulation Federal Requirement Federal Requirement Met? 

subject to this subchapter may 

consolidate any permit issued under 

Chapter 116, Subchapter H of this 

title with a permit issued under this 

subchapter. 

whether the construction or 

modification ... will result in – 

 (1) A violation of applicable 

requirements of the control 

strategy; or 

 (2) Interference with 

attainment or maintenance of a 

national standard in the State ... . 

40 CFR 51.163. Administrative 

procedures. The plan must include 

the administrative procedures, 

which will be followed in making 

the determination specified in 

paragraph (a) of 40 CFR 51.160.

without lessening the stringency of the 

 permitting requirements under 

Subchapter I. 

NOTE: Subchapter H (relating to 

Voluntary Emission Reduction 

Permits) is independent of Subchapter 

I. In the 1/3/00 submittal, TCEQ did 

not request approval of Subchapter H.

(g) An EGF that generates 

electric energy primarily for internal 

use but that during 1997 sold, to a 

utility power distribution system, 

less than one-third of its potential 

electrical output capacity, or less 

than 219,000 megawatt-hours, is 

not subject to the requirements of 

this chapter.

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph 

(e) of 40 CFR 51.160. 

40 CFR 72.6(b)(8). Applicability. 

The following types of units are not 

affected units subject to ... the Acid 

Rain Program: ... (8) A non-utility 

unit. 

40 CFR 72.6(b)(4)(i) & (ii). 

Applicability. 

The following types of units are not 

affected units subject to ... the Acid 

Rain Program: ... (4) A cogeneration 

facility which: (i) For a unit that 

commenced construction on or prior to 

November 15, 1990, was constructed 

for the purpose of supplying equal to 

or less than one-third its potential 

electrical output capacity or equal 

to or less than 219,000 megawatthours ... output ... to any utility power 

... system for sale ... ; or (ii) ... 

commenced construction after 

November 15, 1990, ... ibid. 

Meets Federal requirement. 

Meets 51.163 and 72.6(b)(8), 

72.6(b)(4)(i) & (ii). 

State Regulation Federal Requirement Federal Requirement Met? 
TECHNICAL SUPPORT DOCUMENT 

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§116.911. Electric Generating 

Facility Permit Application.

 

(a) Owners or operators of 

generating grandfathered or electing 

electric facilities (EGF) shall submit an 

application to authorize nitrogen oxides 

emissions and, if applicable, sulfur 

dioxide (SO2) and particulate matter 

(PM) emissions. The application must 

include a completed Form PI-1-U, 

General Application. The Form PI-1-U 

must be signed by an authorized 

representative of the applicant. The 

Form PI-1-U specifies additional 

support information which must be 

provided before the application is 

deemed complete. In order to be 

granted an electric generating facility 

permit (EGFP), the owner or operator 

shall submit information to the 

commission which demonstrates that all 

of the following are met.

40 CFR 51.160(c)(2). Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on ... 

(2) The location, design, construction, 

and operation of such facility, ... as 

may be necessary to permit the State or 

local agency to make the determination 

specified in paragraph (a) of §51.160. 

Meets Federal requirement.

Meets 51.160(c)(2). 

(1) Measurement 

of emissions and performance 

demonstration. Applicants must 

propose monitoring and reporting for 

the measurement of emissions and 

demonstration of performance 

consistent with §116.914 of this title 

(relating to Emissions Monitoring and 

Reporting Requirements). 

40 CFR 51.160 (c)(1). Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

The nature and amounts of emissions 

to be emitted by it ....

Meets Federal requirement. 

Meets 51.16(c)(1).

(2) Control 

method. New control methods 

proposed in initial applications must 

comply with the requirements in 

§116.617(1), (3), (4)(A) and (B) and (5) 

- (9) of this title (relating to Standard 

Permit for Pollution Control Projects). 

40 CFR 51.160 (c)(1). Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

The nature and amounts of emissions 

to be emitted by it ... ; 

(2) The location, design, construction, 

and operation of such facility, ... as 

may be necessary to permit the State or 

local agency to make the determination 

specified in paragraph (a) of §51.160. 

Meets Federal requirement.

Meets 51.160(c)(1). 

This subsection regards only initial 

applications, which were due on or 

before 9/1/00. Also, all EGFs were to 

obtain a permit or cease operation by 

5/1/03. Regarding 911(a)(2), per a 

court decision, New York v. EPA, No. 

02-1387 (June 24, 2005 ) issued by 

D.C. Circuit Court of Appeals. In the 

decision, the court vacated the 

provisions of the Federal 2002 rule 

regarding Clean Units and Pollution 

Control Projects (PCP). In response to 

the court’s decision, EPA filed a 

Petition for Rehearing or Rehearing En 

Banc and Request for Clarification on 
TECHNICAL SUPPORT DOCUMENT 

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August 8, 2005. In that Petition, EPA 

requested clarification that the court's 

ruling on PCP's applies only 

prospectively. On December 9, 2005, 

the D.C. Circuit ordered that "EPA's 

request for clarification as to any 

retroactive effect of the ruling on 

Pollution Control Projects be denied.” 

 The court also stated that because 

there was no specific retroactive 

application of this provision before the 

court, it was premature to rule on this 

request. Based on TCEQ responses to 

supplemental technical information 

requested by EPA, EPA believes that 

any collateral emissions increases in 

carbon monoxide (CO) or other 

pollutants due to controls installed to 

limit NOx or SO2 under 911(a)(2) are 

above the significance level for 

Prevention of Significant Deterioration 

(PSD) review for CO only, and that 

these increases are located at two SB7 

permitted facilities only. Furthermore, 

these increases do not interfere with 

attainment or maintenance of the 

NAAQS for CO, et al, nor cause or 

contribute to increase in PSD 

increments. Nevertheless, based on the 

above court decision, subsection 

116.911(a)(2) is not approvable, and 

therefore we are proposing to 

disapprove this subsection. Note that 

the entire State of Texas is currently in 

attainment for CO. 

(3) Air dispersion 

modeling or ambient monitoring for 

pollution control projects. 

Computerized air dispersion modeling 

and/or ambient monitoring may be 

required by the commission’s Air 

Permits Division where there is an 

increase in emissions to determine the 

air quality impacts from controls 

proposed under paragraph (2) of this 

subsection.

40 CFR 51.160 (f). Legally 

Enforceable Procedures. The 

procedures must discuss the air quality 

data and the dispersion or other air 

quality modeling used to meet the 

requirements of this subpart. 

Meets Federal requirement.

Meets 51.160 (f). 

(4) Opacity 

limitations for coal-fired grandfathered 

and electing EGFs. The coal-fired 

grandfathered and electing EGFs must 

meet the opacity limitations of 

40 CFR 51.160 (c)(1) & (d). Legally 

Enforceable Procedures. (c)(1) The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

Meets Federal requirement.

Meets 51.160 (c)(1) & (d). 
TECHNICAL SUPPORT DOCUMENT 

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§111.111 of this title (relating to 

Requirements for Specified Sources). 

The nature and amounts of emissions 

to be emitted by it .... (d) The 

procedures must provide that approval 

... must not affect the responsibility ... 

to comply with ... the control strategy. 

(b) Application information 

for electing EGFs. 

40 CFR 51.160 (c)(2). Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on ... 

(2) The location, design, construction, 

and operation of such facility, ... as 

may be necessary to permit the State or 

local agency to make the determination 

specified in paragraph (a) of §51.160. 

Meets Federal requirement.

Meets 51.160 (c)(2). 

(1) In addition to 

the information required in this section, 

EGFP applications regarding electing 

EGFs shall contain the following 

information: 

(A) documentation of the emissions 

from the 1997 Emissions Scorecard 

from the EPA Acid Rain Program, or if 

that information is not available, the 

actual emissions from that electing EGF 

for calendar year 1997; 

40 CFR 51.160 (c)(1). Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

The nature and amounts of emissions 

to be emitted by it ... 

Meets Federal requirement.

Meets 51.160 (c)(1). 

(B) documentation of fuel 

consumption, fuel heating values, and 

heat input in millions of British thermal 

units (MMBtu) for calendar year 1997; 

40 CFR 51.160 (c)(2).Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on ... 

(2) The location, design, construction, 

and operation of such facility, ... as 

may be necessary to permit the State or 

local agency to make the determination 

specified in paragraph (a) of §51.160. 

Meets Federal requirement.

Meets 51.160 (c)(2). 

(C) identification of the electing EGFs 

to be included. 

40 CFR 51.160 (c)(2).Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

The nature and amounts of emissions 

to be emitted by it ... ; 

(2) The location, design, construction, 

and operation of such facility, ... as 

may be necessary to permit the State or 

local agency to make the determination 

specified in paragraph (a) of §51.160. 

Meets Federal requirement.

Meets 51.160 (c)(2). 

 
TECHNICAL SUPPORT DOCUMENT 

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(2) Emissions of 

air contaminants from electing EGFs 

other than NOx, and if applicable, SO2 

and PM, already authorized by Chapter 

116 of this title (relating to Control of 

Air Pollution by Permits for New 

Construction or Modification), will not 

be authorized under this subchapter. 

40 CFR 51.160 (c)(1).Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

The nature and amounts of emissions 

to be emitted by it ... 

Meets Federal requirement.

Meets 51.160 (c)(1). 

(c) The owner or operator of 

a grandfathered or electing EGF must 

submit an application for a permit under 

this subchapter on or before September 

1, 2000. 

40 CFR 51.160 (c). Legally 

Enforceable Procedures. The 

procedures must provide for the 

submission , by the owner ... of the ... 

facility ... , of such information on - (1) 

The nature and amounts of emissions 

to be emitted by it ... ; 

(2) The location, design, construction, 

and operation of such facility, ... as 

may be necessary to permit the State or 

local agency to make the determination 

specified in paragraph (a) of §51.160. 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph 

(a) of §51.160. 

Meets Federal requirement.

Meets 51.160 (c) and 51.163. 

(d) All applications for an 

EGFP shall be submitted under the seal 

of a Texas licensed professional 

engineer if required by §116.110(e) of 

this title (relating to Applicability).

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph 

(a) of §51.160. 

Meets Federal requirement.

 Meets 51.163. Submission under seal 

of a professional engineer meets 

requirement of §116.110(e), approved 

9/18/02, 67 FR 58709. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.912. Electing Electric 

Generating Facilities.

 

 An electing electric generating 40 CFR 51.163. Administrative Meets Federal requirement. 
TECHNICAL SUPPORT DOCUMENT 

13 

facility (EGF) may opt out of the 

requirements of this subchapter under 

the following conditions. 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

Meets 51.163. Meets Federal 

Guidance Document “Improving Air 

Quality with Economic Incentive 

Programs” (EPA-452/R-01-001, 

January 2001) is the EPA guidance 

document for reviewing and 

approving discretionary EIP 

submittals. The EIP Guidance 

applies to the establishment of a 

discretionary EIP for attaining or 

maintaining the national ambient 

air quality standards (NAAQS) for 

criteria pollutants.

An opt-in facility voluntarily assumes 

provisions of Subchapter I. 

Accordingly, such source may choose 

to opt-out at the beginning the next 

control period. 

 (1) The electing EGF must 

notify the commission of its intent 

to opt out prior to the beginning of 

the next control period. The 

decision to opt out of the 

requirements of this subchapter will 

become effective at the beginning 

of the control period that follows 

notification to the commission.

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. Also, 40 CFR Part 76, 

Acid Rain NOx Emission Reduction 

Program refers to Part 74, section 

74.18, SO2 Opt-Ins, where withdrawal 

can be requested. 

Meets Federal requirement.

Meets 51.163. 

Meets Part 76. 

 (2) The electing EGF may not 

opt out during a control period. 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

Meets Federal requirement.

Meets 51.163. 

 (3) Once the electing EGF has 

opted out, all of the following apply: 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

Meets Federal requirement.

Meets 51.163. 

 (A) all allowances for the 

electing EGF will be voided by the 

commission and may not be banked for 

subsequent use; 
TECHNICAL SUPPORT DOCUMENT 

14 

 (B) no allowances will be 

allocated for subsequent control 

periods; 

 (C) the electing EGF may not 

participate in the emissions banking 

and trading of allowances at any future 

date; 

 (D) the owner or operator 

shall request an alteration to the 

existing New Source Review permit to 

remove the conditions referencing the 

electric generating facility permit. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.913. General and Special 

Conditions.

 

 (a) The following general 

conditions shall be applicable to every 

electric generating facility permit 

(EGFP) unless otherwise specified in 

the permit. 

 (1) A permit issued under this 

subchapter authorizes the following: 

40 CFR 51.160(e) - identify types and 

sizes of facilities, building, structures, 

or installations wihich will be subject 

to review under this section and discuss 

the basis for determining which 

facilities will be subject to review. 

Meets Federal requirement.

Meets 51.160(e). 
TECHNICAL SUPPORT DOCUMENT 

15 

 (A) nitrogen oxides (NOx) 

emissions from all grandfathered and 

electing electric generating facilities 

(EGF); 

 (B) sulfur dioxides (SO2) 

emissions from coal-fired 

grandfathered and electing EGFs. 

 (C) particulate matter through 

opacity limitations as specified in 

§111.111 of this title (relating to 

Requirements for Specified Sources) 

for coal-fired grandfathered and 

electing EGFs. 

 (2) An EGFP may permit 

emissions of all other air contaminants 

from grandfathered EGFs, provided the 

requirements of Chapter 116, 

Subchapter H of this title (relating to 

Voluntary Emissions Reduction 

Permits) are met. 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

Meets Federal requirement.

Meets 51.163. 

Allows Texas to permit emissions 

(other than SO2 and NOx) in 

accordance w/ Chapter 116, Subchapter 

H. This streamlines and simplifies the 

permitting by allowing TCEQ to permit 

under both Subchapters H and I w/o 

lessening the stringency of the 

permitting requirements under 

Subchapter I. 

 (3) Grandfathered facilities as 

defined in §116.10 of this title (relating 

to General Definitions) at sites with 

grandfathered or electing EGFs and 

permitted under Chapter 116, 

Subchapter H of this title may be 

consolidated with a permit issued under 

this subchapter. 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

Meets Federal requirement.

Meets 51.163. 

Streamlines the permitting process by 

allowing TCEQ to consolidate the 

permits under Subchapters H and I 

without lessening the stringency of the 

 permitting requirements under 

Subchapter I. 

NOTE: Subchapter H is independent 

of Subchapter I. 

 (4) The grandfathered or 

electing EGF must comply with 

Chapter 101, Subchapter H, Division 2 

of this title (relating to Emissions 

Banking and Trading of Allowances) 

including the requirement to maintain 

allowances in a compliance account. 

Allowances may be transferred in 

accordance with §101.335 of this title 

(relating to Allowance Banking). 

40 CFR 51.160(a)(1). 

 (a) ... determine whether the 

construction or modification ... will 

result in – 

 (1) A violation of applicable 

requirements of the control strategy. 

Meets Federal requirement.

Meets 51.160(a)(1). 

Chapter 101, Subchapter H, Division 2, 

are submitted (with the submittal of 

Chapter 116, Subchapter I) as revisions 

to the SIP. These provisions of Chapter 

 101 will be part of the strategy for 

maintaining compliance with the 

national ambient air quality standards 

upon approval. Subchapter I is part of 

the mechanism to implement and 

enforce these provisions of Chapter 

101, thus ensuring that these provisions 

of the control strategy are met. See 
TECHNICAL SUPPORT DOCUMENT 

16 

separate rulemaking action for Chapter 

101, Subchapter H. 

 (5) Mass emission monitoring 

and reporting shall be conducted in 

accordance with §116.914 of this title 

(relating to Emissions Monitoring and 

Reporting Requirements). 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. 

Requires plan to include periodic 

testing and inspection of stationary 

sources, establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

Meets Federal requirement.

 Meets 51.212. Meets Federal 

requirement as it refers to §116.914 

which meets federal requirements. 

§116.914 specifies the requirements for 

testing, inspection, enforcement, and 

compliance. 

 (6) On June 1 after every control 

period, a grandfathered or electing EGF 

subject to this subchapter shall hold a 

quantity of allowances for emissions of 

NOx and, where applicable, SO2, in its 

compliance account that is equal to or 

greater than the total emissions of that 

air contaminant emitted during the 

prior control period. 

40 CFR 51.160(a)(1). 

 (a) ... determine whether the 

construction or modification ... will 

result in – 

 (1) A violation of applicable 

requirements of the control strategy. 

Meets Federal requirement.

Meets 51.160(a)(1). 

See comment for 116.913(a)(4) above. 

 (7) Owners or operators shall 

submit a report of the amount of 

emissions of each allocated air 

contaminant, from the prior control 

period to the Air Permits Division 

consistent with the requirements of 

§101.336(b) of this title (relating to 

Emission Monitoring, Compliance 

Demonstration, and Reporting). 

40 CFR 51.211. Emission reports and 

recordkeeping. The plan must provide 

legally enforceable procedures for 

requiring owners or operators of 

stationary sources to maintain records 

of and periodically report to the State– 

 (a) Information on the nature and 

amount of emissions from the 

stationary source; and 

 (b) Other information as may be 

necessary to enable the State to 

determine compliance .... 

Meets Federal requirement.

Meets 51.211. 

 (8) Coal-fired grandfathered and 

electing EGFs must meet the opacity 

limitations of §111.111 of this title 

(relating to Requirements for Specified 

Sources). 

No Federal requirement relating to 

special conditions. Provision is 

approvable on basis that it improves the 

SIP. 

 (b) Special conditions may be 

included in the EGFP. 

No Federal requirement relating to 

special conditions. Provision is 

approvable on basis that it improves the 

SIP. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.914. Emissions Monitoring and 
TECHNICAL SUPPORT DOCUMENT 

17 

Reporting Requirements. 

(a) Grandfathered or electing electric 

generating facilities (EGF) subject to 40 

Code of Federal Regulations Part 75, 

effective June 25, 1999 (40 CFR Part 

75) shall do the following. 

(1) For grandfathered or electing EGFs 

subject to the requirements of 40 CFR 

Part 75, concerning Continuous 

Emission Monitoring, all monitoring 

systems must comply with the initial 

performance testing and periodic 

calibration, accuracy testing, and 

quality assurance/quality control testing 

specified in 40 CFR Part 75. 

(2) For grandfathered and electing 

EGFs subject to 40 CFR Part 75, a 

certified monitoring system under 40 

CFR Part 75 shall be used to 

demonstrate compliance with this 

subchapter. 

(A) If the grandfathered or electing 

EGF has a flow monitor certified under 

40 CFR Part 75, nitrogen oxides (NOx) 

emissions in pounds per hour shall be 

determined using a NOx continuous 

emission monitoring system (CEMS) 

and the flow monitor. 

(B) If the grandfathered or electing 

EGF does not have a certified flow 

monitor, but does have a NOx CEMS, 

NOx emissions in pounds per hour shall 

be determined by multiplying pounds of 

NOx per million British thermal units 

(lbs/MMBtu) times heat input in 

MMBtu per hour (MMBtu/hr). The 

procedures in 40 CFR Part 75, 

Appendix F, concerning Conversion 

Procedures, Section 3, shall be used to 

convert the measured concentration of 

NOx and a diluent (carbon dioxide 

(CO2) or oxygen (O2)) into an emission 

rate in lbs/MMBtu. The procedures in 

40 CFR Part 75, Appendix F, Section 5, 

shall be used to determine the hourly 

heat input in MMBtu/hr. These two 

values (lbs/MMBtu and MMBtu/hr) 

40 CFR 51.210. Each plan must 

provide for monitoring the status of 

compliance with any rules and 

regulations that set forth any portion of 

the control strategy. Specifically, the 

plan must meet the requirements of this 

subpart. 

40 CFR 51.211. Emission reports and 

recordkeeping. The plan must provide 

legally enforceable procedures for 

requiring owners or operators of 

stationary sources to maintain records 

of and periodically report to the State– 

 (a) Information on the nature and 

amount of emissions from the 

stationary source; and 

 (b) Other information as may be 

necessary to enable the State to 

determine compliance ... 

 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. 

Requires plan to include periodic 

testing and inspection of stationary 

sources, establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

40 CFR 51.214. Continuous emission 

monitoring. (a) the plan must contain 

legally enforceable procedures to- (1) 

require stationary sources subject to 

emission standards as part of an 

applicable plan to install, calibrate, 

maintain, and operate equipment for 

continuously monitoring and recording 

emissions; and (2) provide other 

information as specified in appendix P 

of this part. 

(b) the procedures must... 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

Meets Federal requirement.

Meets 51.210, 51.211, 51.212, 51.214 

and 51.163. 

The EGF title, under 30 TAC 

§ 101.914(d) provides for the use of 

testing and monitoring equipment for 

EGFs and electing EGFs, subject to 

the requirements of 40 CFR Part 75 

and/or 40 CFR Part 60. For those 

facilities not certified under 40 CFR 

Part 75 or 40 CFR Part 60, 30 TAC 

§ 101.914(b)(3) provides alternate 

monitoring requirements that must 

meet state and federal requirements 

for approval. 
TECHNICAL SUPPORT DOCUMENT 

18 

shall be multiplied together to 

determine NOx emissions in lbs/hr. 

(C) The procedures in 40 CFR Part 75, 

Appendix E, concerning Optional NOx

Emissions Estimation Protocol for Gasfired Peaking Units and Oil-fired 

Peaking Units, may be used to estimate 

the NOx emission rate. 

of §51.160. 

(b) Grandfathered or electing EGFs not 

subject to 40 CFR Part 75 shall comply 

with: 

(1) the initial performance testing and 

periodic calibration, accuracy testing, 

and quality assurance/quality control 

testing specified in 40 CFR Part 75; or 

(2) those same requirements in 40 CFR 

Part 60, concerning New Source 

Performance Standards (40 CFR Part 

60). Actual emissions must be 

determined by multiplying the CEMs 

data by an adjustment factor of 1.1 for 

all grandfathered and electing EGFs not 

using a 40 CFR Part 75 monitoring 

system if the CEMs exceeds 10% 

relative accuracy. 

40 CFR 51.210. Each plan must 

provide for monitoring the status of 

compliance with any rules and 

regulations that set forth any portion of 

the control strategy. Specifically, the 

plan must meet the requirements of this 

subpart. 

40 CFR 51.211. Emission reports and 

recordkeeping. The plan must provide 

legally enforceable procedures for 

requiring owners or operators of 

stationary sources to maintain records 

of and periodically report to the State– 

 (a) Information on the nature and 

amount of emissions from the 

stationary source; and 

 (b) Other information as may be 

necessary to enable the State to 

determine compliance ... 

 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. 

Requires plan to include periodic 

testing and inspection of stationary 

sources, establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

40 CFR 51.214. Continuous emission 

monitoring. (a) the plan must contain 

legally enforceable procedures to- (1) 

require stationary sources subject to 

emission standards as part of an 

applicable plan to install, calibrate, 

maintain, and operate equipment for 

continuously monitoring and recording 

emissions; and (2) provide other 

information as specified in appendix P 

of this part. 

(b) the procedures must... 

Meets Federal requirement.

Meets 51.210, 51.211, 51.212, 51.214 

and 51.163. 
TECHNICAL SUPPORT DOCUMENT 

19 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

(3) in lieu of the monitoring required 

by paragraph (b)(1) or (2) of this 

subsection, the electric generating 

facility permit (EGFP) may authorize 

alternative monitoring to calculate mass 

emissions under this section. The 

applicant must submit the following for 

review of an alternative monitoring 

proposal 

(A) a description of the monitoring 

approach to be used; 

(B) a description of the major 

components of the monitoring system, 

including the manufacturer, serial 

number of the component, the 

measurement span of the component, 

and documentation to demonstrate that 

the measurement span of each 

component is appropriate to measure all 

of the expected values; 

(C) an estimate of the accuracy of the 

system and documentation to 

demonstrate how the estimate of 

accuracy was determined; 

(D) a description of the tests that will 

be used for initial certification, initial 

quality assurance, periodic quality 

assurance, and relative accuracy; and 

(E) additional information may be 

requested before approving a request 

for alternative monitoring. Alternative 

monitoring shall be incorporated into 

the EGFP. 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. Requires 

plan to include periodic testing and 

inspection of stationary sources, 

establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

Meets Federal requirement.

Meets 51.212. 

Note that regarding subsection (b)(3), 

approval by the TCEQ of an 

alternative monitoring proposal does 

not necessarily indicate approval by 

EPA. 

(4) emissions in pounds per hour shall 

be determined using the NOx CEMS 

and one of the following methods. 

(A) The owner or operator may elect to 

comply with subsection (a)(2)(A) or (B) 

of this section. 

(B) The grandfathered or electing EGF 

may use a flow monitor certified under 

40 CFR Part 60 to determine emissions 

in pounds per hour. 

(C) NOx emissions in pounds per hour 

may be determined by multiplying the 

lbs/MMBtu times the heat input in 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. Requires 

plan to include periodic testing and 

inspection of stationary sources, 

establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

Meets Federal requirement.

Meets 51.212. 

Must meet approved methods in 40 

CFR 75. 
TECHNICAL SUPPORT DOCUMENT 

20 

MMBtu/hr. The procedures in 40 CFR 

Part 60, Appendix A, Method 19 shall 

be used to convert the measured 

concentration of NOx and a diluent 

(CO2 or O2) into emission rates in 

lbs/MMBtu. The procedures in 40 CFR 

Part 75, Section 5, Appendix F shall be 

used to determine the hourly heat input 

in MMBtu/hr. These two values 

(lbs/MMBtu and MMBtu/hr) shall be 

multiplied together to determine NOx

emissions in lbs/hr; 

(5) for grandfathered and electing 

EGFs with a heat input of less than 100 

MMBtu/hr and for peaking units 

emissions in pounds per hour, may be 

determined using the procedures in 

Appendix E of 40 CFR Part 75 to 

estimate the emission rate. 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. Requires 

plan to include periodic testing and 

inspection of stationary sources, 

establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

Meets Federal requirement.

Meets 51.212. 

Must meet approved methods in 40 

CFR 75. 

(c) The following requirements apply 

to all grandfathered and electing EGFs. 

(1) During a period when valid data is 

not being recorded by monitoring 

devices approved for use to 

demonstrate compliance with this 

subchapter, missing or invalid data shall 

be replaced with representative default 

data in accordance with the provisions 

of 40 CFR Part 75, Subpart D, 

concerning Missing Data Substitution 

Procedures. 

(2) Data collected from monitoring of 

grandfathered and electing EGFs shall 

be used to calculate the actual 

emissions over a control period. The 

information in this report shall be 

submitted by June 30 of each year and 

may be submitted with the report 

required under §101.336(b) of this title 

(relating to Emission Monitoring, 

Compliance Demonstration, and 

Reporting). At a minimum, the report 

shall contain the following information 

(A) a description of the monitoring 

protocol; 

(B) a completed Form AR-1, 

Emissions Monitoring Data Form; 

(C) other information as necessary to 

40 CFR 51.212. Testing, inspection, 

enforcement, and compliance. Requires 

plan to include periodic testing and 

inspection of stationary sources, 

establish system for detecting 

violations, and using test methods for 

each emission using methods 

promulgated or approved by EPA and 

not precluding the use of any credible 

evidence. 

Meets Federal requirement.

Meets 51.212. 

Must meet approved methods in 40 

CFR 75. 
TECHNICAL SUPPORT DOCUMENT 

21 

validate the actual emissions during the 

prior control period, including, but not 

limited to, periodic calibration results 

and maintenance logs. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.916. Permits for 

Grandfathered and Electing Electric 

Generating Facilities in El Paso 

C t

 

 Grandfathered and electing electric 

generating facilities in El Paso County 

are not required to meet nitrogen 

oxides allowance requirements if the 

commission or EPA determines that 

reductions in nitrogen oxides emissions 

in the El Paso Region otherwise 

required by this subchapter would 

result in increased ambient ozone 

levels in El Paso County. 

 40 CFR 51.160. Legally enforceable 

procedures. (a) Each plan must set 

forth legally enforceable procedures 

that enable the State or local agency to 

determine whether the construction or 

modification of a building, structure, or 

installation, or combination of these 

will result in – 

 (1) a violation of the applicable 

portions of the control strategy; or 

 (2) interfere with attainment or 

maintenance of a national standard in 

the State in which the proposed source 

(or modification) is located or in a 

Meets Federal requirement.

Meets 51.160. 

On November 28, 1994, at 59 FR 

60709, EPA conditionally approved 

two petitions from Texas to exempt El 

Paso County from the requirement NOx

control requirements of Section 182(f) 

of the Act. Section 182(f) presumes 

that NOx is an ozone precursor in an 

ozone nonattainment area (El Paso is a 

serious ozone nonattainment area). 

Section 182(f) further provides that 

EPA may waive this requirement to 

regulate NOx as an ozone precursor 
TECHNICAL SUPPORT DOCUMENT 

22 

neighboring State. when a demonstration is made that NOx

reductions would not contribute to 

ozone attainment. 

EPA approved the NOx waiver for El 

Paso County based upon TCEQ's 

demonstration that El Paso County 

would attain the ozone NAAQS by the 

CAA statutory deadline but for 

emissions emanating from outside the 

United States. 

The record for the NOx waiver for El 

Paso County demonstrates that EPA 

has determined that reductions in 

NOx emissions in the El Paso 

Region otherwise required by this 

subchapter would result in 

increased ambient ozone levels in 

El Paso County.

 (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 

40 CFR 51.163. Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specifies in paragraph (a) 

of §51.160. 

Section 179B of the Act. EPA will 

approve a SIP if the area meets all 

other CAA requirements and 

established that implementation of the 

plan would achieve attainment of the 

ozone standard by the CAA statutory 

deadline "but for emissions emanating 

from outside the United States." 

Because the El Paso nonattainment 

area shares a common arced with 

Juarez, Mexico, the section 179B 

provisions apply in El Paso County. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.920. Public Participation for 

Initial Issuance.

 

(a) An applicant for an electric 

generating facility permit (EGFP) shall 

publish notice of intent to obtain the 

permit in accordance with Chapter 39 

of this title (relating to Public Notice). 

40 CFR 51.161(b)(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. 

Meets Federal requirement.

Meets 51.161(b)(3). Note that 

Chapter 39 is adequate for initial 

issuance. If the source requests a 

modification, they become subject to 

§116.930. Modifications, and must 

comply with Subchapter B of this 

chapter (relating to New Source 

Review Permits). Note also that the 
TECHNICAL SUPPORT DOCUMENT 

23 

public notice and participation 

requirements in Chapter 39 of this title 

are the subject of a separate 

rulemaking. 

(b) Public notice for an EGFP may be 

combined with the public notice for a 

voluntary emission reduction permit, 

under Chapter 116, Subchapter H of 

this title (relating to Voluntary 

Emission Reduction Permits). 

40 CFR 51.161 (b)(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. This is 

the requirement for the EGFP; 

however, public notice for a voluntary 

emission reduction permit is not 

required 

Meets Federal requirement for 

EGFP. Meets 51.161(b)(3).

Note that there is no Federal 

requirement for public notice for a 

voluntary emission reduction permit. 

The federal regulations do not require a 

State permitting authority to publish 

notice of a source in conjunction with 

the public notice for a voluntary 

emission reduction permit. 

(c) Any person who may be affected 

by emissions from a grandfathered or 

electing EGF may request the 

commission to hold a notice and 

comment hearing on the EGFP 

application. The public comment 

period shall end 30 days after the 

publication of Notice of Receipt of 

Application and Intent to Obtain Permit 

under section 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. 

40 CFR 51.161. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide a notice and 

comment hearing regarding an EGFP. 

Furthermore, the federal regulations do 

not prohibit or otherwise limit a State 

from providing such hearing. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the SIP. 

(d) Any hearing regarding initial 

issuance of an EGFP shall be conducted 

under the procedures in §116.921 of 

this title (relating to Notice and 

Comment Hearings for Initial Issuance) 

and not under the APA. 

40 CFR 51.161. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide a hearing 

regarding initial issuance of an EGFP. 

Furthermore, the federal regulations do 

not prohibit or otherwise limit a State 

from providing such hearing. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approveable because it 

improves the SIP. 

(e) Responses to public comments and 

the notice of the commission’s decision 

to issue or deny an EGFP shall be 

conducted under the procedures in 

§116.922 of this title (relating to Notice 

of Final Action). 

40 CFR 51.161 (b)(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. 

Meets Federal requirement.

Meets 51.161 (b)(1). 

(f) A person affected by a decision to 

issue or deny an EGFP may move for 

rehearing under the appropriate 

procedure in Chapter 50 of this title 

(relating to Action on Applications and 

40 CFR 51.161. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide a rehearing 

regarding the decision to issue or deny 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such 

rehearing, Texas' inclusion of such 

provision in its regulations is 
TECHNICAL SUPPORT DOCUMENT 

24 

Other Authorizations) and may seek 

judicial review under TCAA, §382.032 

(relating to Appeal of Commission 

Action). 

 an EGFP. Furthermore, the federal 

regulations do not prohibit or 

otherwise limit a State from providing 

such rehearing. 

approvable because it improves the 

State program. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.921. Notice and Comment 

Hearings for Initial Issuance.

 

(a) The notice and comment hearing 

requirements apply only to the initial 

issuance of a electric generating facility 

permit (EGFP). 

40 CFR 51.161 (b)(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. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the SIP. 

(b) The commission shall decide 

whether to hold a hearing. The 

commission is not required to hold a 

hearing if the basis of the request by a 

person who may be affected by 

emissions from a grandfathered or 

electing electric generating facility 

(EGF) is determined to be 

unreasonable. If a hearing is requested 

by a person who may be affected by 

emissions from a grandfathered or 

electing EGF, and that request is 

reasonable, the commission shall hold a 

hearing. 

40 CFR 51.160. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide a hearing 

regarding an EGFP. Furthermore, the 

federal regulations do not prohibit or 

otherwise limit a State from providing 

such hearing. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the SIP. 

(c) At the applicant’s expense, notice 

of a hearing on a draft EGFP must be 

published in the public notice section 

of one issue of a newspaper of general 

circulation in the municipality in which 

the grandfathered or electing EGF is 

located, or in the municipality nearest 

to the location of the grandfathered or 

electing EGF. 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 

40 CFR 51.161(b)(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. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approveable because it 

improves the SIP. 
TECHNICAL SUPPORT DOCUMENT 

25 

of the hearing; and 

(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 

applicant, may submit oral or written 

statements and data concerning the 

draft EGFP. 

(1) Reasonable time limits may be set 

for oral statements, and the submission 

of statements in writing may be 

required. 

(2) The period for submitting written 

comments is automatically extended to 

the close of any hearing. 

(3) At the hearing, the period for 

submitting written comments may be 

extended beyond the close of the 

hearing. 

40 CFR 51.160. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide a hearing 

regarding an EGFP. Furthermore, the 

federal regulations do not prohibit or 

otherwise limit a State from providing 

such hearing. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approveble because it 

improves the SIP. 

(e) A tape recording or written 

transcript of the hearing must be made 

available to the public. 

40 CFR 51.161 (b)(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 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such hearing, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the SIP. 

(f) Any person, including the 

applicant, who believes that any 

condition of the draft EGFP is 

inappropriate or that the preliminary 

decision to issue or deny the permit is 

inappropriate, shall raise all issues and 

submit all arguments supporting that 

position by the end of the public 

comment period. 

40 CFR 51.161(b)(2) - A 30-day period 

for submittal of public comment 

Meets Federal requirement.

Meets 51.161(b)(2). 

Meets the requirement for a public 

comment period. 

(g) Any supporting materials for 40 CFR 51.161 (b)(1) - Availability for Meets Federal requirement.
TECHNICAL SUPPORT DOCUMENT 

26 

comments submitted under subsection 

(f) of this section must be included in 

full and may not be incorporated 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 statutes and 

regulations; 

(3) EPA documents of general 

applicability; or 

(4) other generally available reference 

materials. 

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 

Meets 51.161(b)(1). 

Meets the requirement of availability 

for public inspection 

(h) The commission shall keep a 

record of all comments received and 

issues raised in the hearing. This 

record is available to the public. 

40 CFR 51.161 (b)(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 

Meets Federal requirement.

Meets 51.161(b)(2). 

Meets the requirement of availability 

for public inspection 

(i) The draft EGFP may be changed 

based on comments pertaining to 

whether the permit provides for 

compliance with the requirements of 

this subchapter. 

40 CFR 51.160. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to make changes to an EGFP 

based on comments regarding 

compliance requirements. 

Furthermore, the federal regulations do 

not prohibit or otherwise limit a State 

from providing such changes. 

Because federal regulations do not 

prohibit or limit a State permitting 

authority from providing such changes, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the SIP. 

(j) The commission shall respond to 

comments consistent with §116.922 of 

this title (relating to Notice of Final 

Action). 

40 CFR 51.160. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide notice of its final 

action to the commenter or the 

applicant. Furthermore, the federal 

regulations do not prohibit or otherwise 

limit a State from providing such 

notice. 

Because federal regulations do not 

prohibit not limit a State permitting 

authority from providing such notice, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

impproves the SIP. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.922. Notice of Final Action.

 (a) After the public comment 

period or the conclusion of any notice 

40 CFR 51.160. Public availability of 

information. The federal regulations 

Because federal regulations do not 

prohibit not limit a State permitting 
TECHNICAL SUPPORT DOCUMENT 

27 

and comment hearing, the commission 

shall send notice by first-class mail of 

the final action on the application to 

any person who commented during the 

public comment period or at the 

hearing, and to the applicant. 

do not require a State permitting 

authority to provide notice of its final 

action to the commentor or the 

applicant. Furthermore, the federal 

regulations do not prohibit or otherwise 

limit a State from providing such 

notice. 

authority from providing such notice, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the SIP. 

 (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 electric 

generating facility permit and the 

reasons for the change; 

 (3) a statement that any person 

affected by the decision of the 

commission may petition for rehearing 

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). 

40 CFR 51.160. Public availability of 

information. The federal regulations 

do not require a State permitting 

authority to provide notice of its final 

action to the commentor or the 

applicant. Furthermore, the federal 

regulations do not prohibit or otherwise 

limit a State from providing such 

notice. 

Because federal regulations do not 

prohibit nor limit a State permitting 

authority from providing such notice, 

Texas' inclusion of such provision in its 

regulations is approvable because it 

improves the State program. 

State Regulation 

Federal Requirement Federal Requirement Met? 

§116.930. Modifications. 

The owner or operator planning a 

modification of a facility permitted 

under this subchapter must comply 

with Subchapter B of this chapter 

(relating to New Source Review 

Permits) before work is begun on the 

construction of the modification. 

40 CFR 51.163 Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph 

(a) of §51.160. 

Meets Federal requirement.

Subchapter B is SIP approved. Also, 

the NSR Reform has no impact upon 

this section. 

State Regulation Federal Requirement Federal Requirement Met? 

§116.931. Renewal. 

Electric generating facility permits 

shall be renewed in accordance with 

Chapter116, Subchapter D of this title 

(relating to Permit Renewals). 

40 CFR 51.163 Administrative 

procedures. The plan must include the 

administrative procedures, which will 

be followed in making the 

Meets Federal requirement.

This section provides additional 

procedures, and Texas' inclusion of 

such provision in its regulations is 
TECHNICAL SUPPORT DOCUMENT 

28 

determination specified in paragraph 

(a) of §51.160. 

approvable because it improves the 

State program. 

C. 30 TAC Chapter 101, Subchapter H, Emissions Banking and Trading. (30 TAC Chapter 

116, Subchapter H, is being evaluated in a separate TSD and proposed separately). 

V. EPA CONCLUSIONS/RECOMMENDATIONS

A. General Discussion 

The Governor of Texas submitted numerous revisions to the Texas SIP to EPA relating to 

the permitting of new and modified sources. EPA is proposing to approve revisions submitted 

on January 3, 2000. The sections that Texas submitted, and which EPA is proposing to approve, 

are identified in Section IV of this TSD, “EPA EVALUATION OF SUBMITTED SIP 

REVISIONS”, and the section titled “Tables”. 

B. EPA Action 

For the reasons stated herein, EPA determines that the above SIP submittals or revisions 

to Chapter 116, Subchapter A: Definitions, section 116.18. Electric Generating Facility Permits 

Definitions; and Subchapter I: Electric Generating Facility Permits, sections 116.910-914, 

116.916, 116.920-922, 116.930, and 116.931 of the Title 30 of the Texas Administrative Code 

satisfies the requirements of Title I of the Act. Section IV herein contains detailed evaluations of 

each of the sections submitted by Texas and the basis for EPA's proposal to approve of these 

sections.