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Rule Project No. 2012-057-OTH-NR

AIR QUALITY STANDARD PERMIT

FOR POLLUTION CONTROL PROJECTS

SUMMARY DOCUMENT

I. EXECUTIVE SUMMARY

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

Pollution Control Project Standard Permit (PCP SP) for pollution control projects 

authorized under the Texas Health and Safety Code (THSC), § 382.05195. In a concurrent 

action, the commission is adopting amendments to the PCP SP in 30 Texas Administrative

Code (TAC) Subchapter F, § 116.617. Upon issuance by the commission, the new standard 

permit can be used to authorize pollution control projects undertaken voluntarily or as 

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

air emission limits for facilities authorized by a New Source Review (NSR) permit under 30 

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

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

II. EXPLANATION AND BACKGROUND OF AIR QUALITY STANDARD 

PERMIT

Prior to the issuance of this standard permit, pollution control projects have been 

authorized through the PCP SP in 30 TAC § 116.617. This new non-rule standard permit 

replaces the existing 30 TAC § 116.617 for authorization of new pollution control projects

(PCP). The PCP SP provides a method to expedite the authorization process for certain 

pollution control projects that do not necessitate a full case-by-case NSR permit review. 

This standard permit applies to PCPs undertaken voluntarily or as required by any federal 

or state air quality requirement, which reduce or maintain currently authorized emission 

rates for existing facilities authorized by a permit, standard permit, or permits by rule 

(PBR). It applies to existing similar facilities by restricting the application and use of the 

PCP SP to this narrowly defined category of activities that are designed to result in emission 

reductions while ensuring that any collateral emission increases are compliant with the 

requirements to protect public health and welfare and ensure attainment and maintenance 

of the National Ambient Air Quality Standards (NAAQS). 

This non-rule standard permit provides a streamlined approval process that may be used 

for pollution control projects complying with the standard permit requirements that are not 

prohibited by other federal or state permitting statutes or regulations. 

To qualify for use of the PCP SP, pollution control projects cannot be a major modification

at an existing major source for any criteria pollutants and cannot trigger major NSR 

permitting. Projects that would otherwise require major NSR permit authorizations, 

including major sources and modifications under Nonattainment Area Review or 
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Prevention of Significant Deterioration (PSD) permitting under 30 TAC Chapter 116, 

Subchapter B, Divisions 5 and 6, may not be authorized under the PCP SP. In addition, the 

PCP SP cannot be used for reconstruction of a facility that emits hazardous air pollutants

under 30 TAC § 116.400(a)(2). 

On September 23, 2009, the United States Environmental Protection Agency (EPA) 

proposed disapproval of 30 TAC § 116.617 (74 Federal Register (FR) 48467), as adopted by 

the commission effective February 1, 2006. The amendments to 30 TAC § 116.610 and § 

116.617 were adopted in 2006 to address prior comments from EPA after the opinion of the 

D.C. Circuit Court of Appeals in New York, et al. v. EPA (413 F.3d 3, June 24, 2005) which 

ruled that EPA’s rules that exempted pollution control projects from PSD review by 

defining “modifications” to exclude collateral emission increases associated with those 

projects did not meet the requirements of the Federal Clean Air Act. Specifically, the

amendments adopted in 2006 clarified that any project that constitutes a new major 

stationary source or major modification of an existing major source as defined in 30 TAC § 

116.12 is subject to the requirements of 30 TAC Chapter 116, Subchapter B, rather than the 

requirements of 30 TAC Chapter 116, Subchapter F. The commission appropriately 

interpreted the New York opinion to apply to the PSD permitting program, and therefore 

made amendments to § 116.617 to continue the program to assist with the efficient 

authorization method for installation of pollution control equipment for projects that do 

not trigger federal review. 

On September 15, 2010, EPA published disapproval of § 116.617 (75 FR 56423). EPA’s 

grounds for disapproval were that it does not meet the requirements of the Texas Minor 

NSR Standard Permits Program; it does not apply to similar sources; and, because it does 

not apply to similar sources, it lacks the requisite replicable standardized permit terms 

specifying how the Executive Director’s discretion is to be implemented for the case-by-case 

determinations. 

Section VIII. Analysis of Comments, below, includes responses to the EPA’s stated reasons 

for proposed disapproval and final disapproval of § 116.617, and its specific comments on 

this new standard permit.

This issued PCP SP does not merely reestablish the requirements of the PCP SP in § 116.617, 

but it is similar. In response to EPA’s notices and comments, this new PCP SP includes 

additional replicable procedures.

III. OVERVIEW OF AIR QUALITY STANDARD PERMIT

The commission issues a new non-rule standard permit, the PCP SP, that will serve a 

similar function and will replace the PCP SP authorized under 30 TAC § 116.617 which 

became effective February 1, 2006. This new permit, like existing § 116.617, authorizes 
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pollution control projects undertaken voluntarily or as required by any federal or state air 

statute or rule, that reduce or maintain currently authorized emission rates for facilities 

authorized by a permit, standard permit, or PBR. The project may include: (A) the 

installation or replacement of emissions control equipment; (B) the implementation or 

change to control techniques; or (C) the direct substitution of compounds used in 

manufacturing processes. This new permit is issued in compliance with THSC, §§ 

382.05195 and 382.057, and 30 TAC Chapter 116, Subchapter F. In addition, this non-rule 

standard permit provides an alternative to case-by-case NSR authorization for pollution 

control projects with environmental benefit and limited regulatory complexity. 

For the purposes of this standard permit, the term “project” means the construction or 

modification of a facility or a group of facilities submitted under the same registration (30 

TAC § 116.610(a)). 

The commission has determined that the PCP SP authorizes environmentally beneficial 

projects that do not cause nor contribute to a condition of air pollution. Projects that 

constitute a major source or major modification at an existing major source do not qualify

to use the PCP SP. Projects authorized under the PCP SP include, but are not limited to, the 

installation of new control equipment or a new control technique that would reduce 

previously authorized emissions and the replacement of existing control equipment with 

new equipment that would control air emissions at least as effectively as the originally

authorized equipment, but at a lower cost or improved reliability. PC SP projects that result 

in any collateral actual or allowable air emission increases are required to demonstrate 

protectiveness of the NAAQS and of public health and welfare. The PCP SP also allows 

direct substitution of compounds with less toxic ones that would have less impact on 

human health or the environment. 

The commission concludes that these types of projects would benefit from a streamlined 

authorization process that allows for more expedient implementation. The PCP SP may 

only be used at facilities that are currently authorized for air emissions by an existing 

permitting mechanism. Projects authorized under the PCP SP must be administratively 

incorporated into the existing air emission authorization at the next permitting action in 

accordance with 30 TAC § 116.615(3). The Commission finds that the Permit is enforceable 

and the Commission can adequately monitor compliance with the terms of the Permit, and 

that changes within any facility that will be authorized by the Permit will not make a 

significant contribution of air contaminants to the atmosphere. The Commission also finds 

that for the installation of emission control equipment that constitutes a modification or a 

new facility, the Permit includes the conditions necessary to restrict the applicability in a 

manner that the Commission deems necessary to accomplish the intent of the Texas Clean 

Air Act (TCAA), Tex. Health & Safety Code Chapter 382. 
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The PCP SP is designed to authorize pollution control projects that meet all requirements of 

the standard permit. Owners or operators of facilitates that cannot meet all conditions of 

this standard permit may seek authorization under 30 TAC ' 116.111, General Application. 

IV. PERMIT CONDITION ANALYSIS AND JUSTIFICATION

This standard permit creates an authorization mechanism for air pollution control projects 

authorized under the THSC, § 382.05195. This standard permit requires air pollution 

control projects to comply with certain general requirements that define the administrative 

obligations of an owner/operator and operational requirements for the ongoing control of 

emissions from equipment and activities at a site. 

The PCP SP allows for a streamlined review of projects that do not require case-by-case 

review due to implementation of established control technologies or techniques or direct 

compound substitutions that have a net environmental benefit. 

Requests for authorization of established control technologies or techniques include 

generally accepted initial compliance demonstrations, monitoring, and recordkeeping that 

can be applied to the project. Projects that involve innovative technologies or innovative 

application of established technologies require case-by-case review and may not be 

authorized under the PCP SP. 

Request for authorization of direct compound substitutions must include a demonstration 

that the replacement compound has a lessened effect on human health and the 

environment. This is generally demonstrated by comparing the commission’s established 

Effects Screening Levels (ESL) of the proposed compound to the ESL of the existing 

compound. Projects that involve substitution of a compound with a lower ESL may not be 

authorized under the PCP SP. 

Where replacement projects result in like-kind replaced equipment, the owner or operator 

is required to use the same monitoring, recordkeeping, and reporting requirements 

imposed by the original authorization deemed appropriate for that equipment. Where new 

or different equipment is used in this standard permit, the owner or operator is required to 

propose monitoring “sufficient to demonstrate compliance” that meets industry or 

technology standards for that equipment. These monitoring, recordkeeping, and reporting 

requirements ensure continued enforceability for replacement projects. 

During the technical review of the PCP SP, the executive director’s staff identifies the scope 

of the project. PCP SP reviews consist of confirming that the control equipment or 

technique is as effective as the currently authorized equipment or technique. The executive 

director’s staff also ensures the proposed project does not trigger PSD or nonattainment

review. All collateral emission increases are reviewed to ensure compliance with the 
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NAAQS, protectiveness requirements, and with applicable original authorization 

requirements. All PCP SP projects must reduce or maintain emissions, which are verified 

by reviewing the applicable NSR permit. Finally, PCP SPs are required to be 

administratively incorporated into NSR renewals or amendments upon the next permitting 

action of the original authorization. 

The following demonstrates how this standard permit is enforceable and how the 

commission can adequately monitor compliance with the permit terms.

Scope and Applicability

The general conditions for standard permits, located in 30 TAC Chapter 116, Subchapter F, 

apply to all owners and operators of facilities seeking authorization under this standard 

permit. Pollution control projects do not qualify for authorization under this standard 

permit if the project constitutes a new major stationary source or major modification at an 

existing major source as defined by 30 TAC § 116.12, Nonattainment and Prevention of 

Significant Deterioration Review Definitions. All air pollution control projects are required 

to meet 30 TAC Chapter 116, Subchapter F rule requirements, as well as the specific 

conditions of the standard permit. This non-rule standard permit incorporates existing 

requirements contained in 30 TAC § 116.617, while clarifying language in the new non-rule 

standard permit; these clarifications in language provide further assurance that only 

projects that are environmentally beneficial are authorized under the PCP SP. 

Section (1) outlines the applicability of the standard permit (what can and cannot be 

authorized under the standard permit). This section is organized into subsections (A) - (D), 

which include scope and applicability conditions of this standard permit. No new facilities 

or changes to existing facilities are authorized by this permit unless they are or are part of a 

pollution control project.

Subsection (1)(A) lists the three types of existing authorizations (permit, standard permits, 

and PBR) that may be modified by a PCP SP and requires that the PCP SP project must 

reduce or maintain currently authorized emissions rates for existing facilities authorized by 

a permit, standard permit, or PBR. Subsection (1)(A)(i) prohibits the use of the PCP SP for 

projects that constitute a new major stationary source or major modification at an existing 

major source as defined in 30 TAC § 116.12. This condition is intended to specify the scope 

of the standard permit authorization and to ensure that the standard permit is not used for 

projects that require federal review for PSD or nonattainment. Subsection (1)(A)(ii) 

prohibits the use of the PCP SP for projects that constitute reconstruction of a major source 

of hazardous air pollutants.
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Subsection (1)(B) clarifies the three types of projects that may be authorized by a PCP SP 

(installation or replacement of emission control equipment, implementation or change to a 

control technique, or direct substitution of compounds). Limiting use of the PCP SP only 

to installation or replacement of control equipment or techniques or to direct substitution 

of less polluting or less toxic compounds ensures that the projects authorized by this 

standard permit are environmentally beneficial. This also ensures that registrations are

issued with replicable conditions that are based on the existing authorization or that are 

based on technologies that have established requirements for performance testing, 

monitoring, recordkeeping, and reporting. All other types of pollution control projects 

require case-by-case review, which necessitate another method of preconstruction 

authorization. 

Paragraph (1)(B)(i) allows installation of emission control equipment or replacement of 

emission control equipment in the original authorization.

Paragraph (1)(B)(ii) allows implementation or change to a control technique in the original 

authorization. 

Paragraph (1)(B)(iii) allows the substitution of compounds that are a direct substitution for 

compounds used in a process in the original authorization. To provide further 

protectiveness, the PCP SP requires that the direct substitution of compounds not result in 

process reconfiguration, new emission point sources, changes to the process conditions, or 

increased health impacts. 

Subsection (1)(C) outlines the prohibitions for use of the PCP SP. Specifically, subsection 

(1)(C) does not allow facilities to be replaced or modified in any way under this 

authorization, since these types of changes need to be reviewed for Best Available Control 

Technology (BACT) and potential harmful effects to health and property in accordance with 

THSC, Chapter 382, the TCAA, § 382.0518, Applicability, and 30 TAC § 116.610, unless the 

conditions of a standard permit or PBR are met. Projects that require specific case-by-case 

reviews do not qualify for the streamlined review of the PCP SP; the owner or operator must 

seek approval under another method of preconstruction authorization for these types of 

projects. 

Paragraph (1)(C)(i) prohibits the use of the PCP SP to authorize complete replacement of an 

existing facility or reconstruction of a production facility; such projects require a more 

detailed review. 

Paragraph (1)(C)(ii) prohibits the use of the PCP SP if collateral emission increases 

associated with this standard permit cause or contribute to any exceedances of a NAAQS or 

cause a condition of air pollution. The PCP SP is only intended to be used to authorize 

projects that are environmentally beneficial. Some types of air emission controls generate 
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new or increased emissions of certain air contaminants while reducing emissions of others. 

By prohibiting collateral increases to cause or contribute to any exceedance of the NAAQS 

or cause a condition of air pollution, this provision ensures that the overall effect of the 

projects authorized under the PCP SP are environmentally beneficial. 

Paragraph (1)(C)(iii) prohibits the use of the PCP SP for the purpose of bringing a facility or 

group of facilities into compliance with an existing authorization or permit, unless 

approved by the executive director. The purpose of the PCP SP is to reduce or maintain 

emissions that have already been authorized. Projects that would only serve to bring an 

existing facility into compliance with the original authorization do not meet the criteria for 

the streamlined review the PCP SP allows.

Paragraph (1)(C)(iv) prohibits the use of the PCP SP to authorize changes to scrubbers used 

to control odor or that allows substitution of compounds used in scrubbers. The 

commission has determined these types of projects require a more detailed review because 

of a high potential for odor nuisance and compliance issues. 

Subsection (1)(D) addresses how pollution control projects will be required to meet the 

conditions of this standard permit. The requirements of subsection (1)(D) make certain 

that all PCP SP projects (including those issued under previous versions of the State 

Pollution Control Project Standard Permit that were authorized prior to the effective date of 

this standard permit) will either be: 1) administratively incorporated back into the source’s 

authorization, reducing the compliance management burden on the source by consolidating 

authorization and facilitating enforcement, or 2) upon ten-year anniversary and renewal of 

the original registration will meet the requirements of the current PCP SP standard permit. 

This requirement ensures public participation in the review of the incorporation of the PCP 

SP conditions. 

Paragraph (1)(D)(i) addresses how standard permit registrations under previous versions of 

the State Pollution Control Project Standard Permit, that were authorized prior to the 

effective date of this standard permit, shall remain authorized under the original 

authorization’s requirements until the ten-year anniversary and renewal of the current 

authorization, or when the registration is voided. 

Paragraph (1)(D)(ii) requires the owner or operator to include the increases and decreases 

in emissions resulting from pollution control projects in any future netting calculation for 

all standard permit registrations authorized under previous versions. This paragraph 

ensures that previous standard permit registrations, that were authorized prior to the 

effective date of this standard permit, include emission increases and decreases for netting 

calculations. 
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Paragraph (1)(D)(iii) requires that all conditions of this standard permit be met upon the 

ten-year anniversary and renewal of the original registration, or when the registration is 

authorized by the facilities' permit and the registration is voided. 

General Requirements

Section (2) is organized into subsections (A) - (I), which include the general requirements 

of this standard permit. Compliance with these general requirements ensures that only 

projects that are environmentally beneficial can be authorized under the PCP SP. 

Subsection (2)(A) requires compliance with the specific conditions for all standard permits 

of 30 TAC § 116.604, Duration and Renewal of Registrations to Use Standard Permits; 30 

TAC § 116.605, Standard Permit Amendment and Revocation; 30 TAC § 116.610, 

Applicability; 30 TAC § 116.611, Registration to Use a Standard Permit; 30 TAC § 116.614, 

Standard Permit Fees; and 30 TAC § 116.615, General Conditions. 

Subsection (2)(B) specifies that construction or implementation of the PCP SP shall begin 

within 18 months of receiving written acceptance of the registration from the executive 

director, with one 18-month extension consistent with 30 TAC § 116.115(b)(2) and § 

116.120, Voiding of Permits, and that changes to maximum allowable emission rates are 

effective only upon completion or implementation of the project. These timelines are 

consistent with the start of construction permit requirements for all TCEQ issued permits, 

including minor source modifications. 

Subsection (2)(C) exempts PCP SPs from the emission limits and distance requirements of 

30 TAC § 106.261, as referenced in § 116.610(a)(1). Projects under this standard permit are 

required to reduce or maintain emission rates. Given the nature of PCP SP projects, the 

emission limits and distance requirements of 30 TAC § 106.261, as referenced in § 

116.610(a)(1) are not necessary because other provisions of the PCP SP ensure that any 

collateral emission increases that may occur as a result of certain controls are protective of 

human health and the environment. 

Subsection (2)(D) requires that planned maintenance, startup, and shutdown (MSS) 

emissions directly associated with the PCP SP be included in the maximum emissions 

represented in the registration. This requirement ensures that MSS emissions are 

quantified and represented for the PCP SP project. 

Subsection (2)(E) requires that performance testing, monitoring, recordkeeping, and 

reporting be proposed that demonstrates initial and continuous compliance with 

representations made in the registration. 
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Subsection (2)(F) requires that any increases in actual or allowable emission rates or any 

increase in production capacity, including increases associated with recovering lost 

production capacity, occur only as a result of the pollution control project, as represented in 

the registration. Emissions increases that are not the direct result of the pollution control 

project and/or incidental production capacity increases cannot be authorized using this 

standard permit and require another method of preconstruction authorization. This 

condition guarantees that actual or allowable emission increases or increases in production 

capacity not directly associated with the pollution control project are not authorized 

through the PCP SP, as this standard permit is not the appropriate authorization 

mechanism. 

Subsection (2)(F) is not intended to limit the owner or operator's ability to recover lost 

capacity resulting from a derate, as long as the facility continues to be limited to the original 

design and authorized capacity of the equipment. Lost capacity may be a result of changes 

in equipment that restrict operations below design capacity, such as an air flow restriction 

caused by the installation of emission control equipment. Since the air to fuel ratio in a 

fired source is a fixed number, the owner or operator may have to reduce the fuel flow and 

hence the firing capacity of the equipment to remain in compliance with authorized 

emission limits. For this example, under the PCP SP, the owner or operator may install a

higher capacity fan to recover the lost capacity of the fired equipment. This condition 

prohibits the owner or operator from using the PCP SP to install equipment that would 

effectively increase the facility’s capacity beyond what was previously rated and authorized. 

Increases in capacity may be authorized on a case-by-case basis by the TCEQ NSR permits 

section. 

Subsection (2)(G) requires demonstration that all air emissions resulting from the PCP SP 

are protective of the NAAQS, public health and welfare, and physical property. Projects 

that result in decreases of emission rates of all air pollutants are deemed to be adequately 

protective. Projects that result in collateral increases of emission rates of air pollutants or a 

change in the nature of an air pollutant requires the owner or operator to demonstrate 

protectiveness in accordance with THSC, § 382.0518(b)(2) and 30 TAC § 116.610. These 

provisions assure a positive net effect on air quality from projects that have increases in 

some air contaminants while decreasing others. 

Subsection (2)(H) requires demonstration that any direct substitution of a compound does 

not cause additional health impacts not previously reviewed in the original authorization. 

The ESL for any substituted compound, including resulting emissions of new products and 

byproducts, which result from the direct compound substitution shall not be less than the 

ESL value for the currently authorized compound and the emission rate for the substituted 

compound, including resulting emissions of new products and byproducts, which result 

from the direct compound substitution shall not be greater than the emission rate for the 

currently authorized compound. This provision assures that only direct compound 
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substitutions that result in a net environmental benefit are authorized under the PCP SP

and that the PCP SP may not be used for process modifications that should be reviewed on 

a case-by-base basis. 

Subsection (2)(I) identifies that any changes to representations will only replace the 

requirements affected by the pollution control project itself; the owner or operator is still 

bound to all other representations made in the current authorization. This condition 

ensures that representations in the original authorization continue to apply to all facilities 

not changed by the PCP SP. 

Replacement Projects

Section (3) is organized into subsections (A) - (C), which include requirements specific to 

replacement projects for this standard permit. This section ensures that the replacement 

projects are environmentally beneficial by requiring that the replacement control or control 

technique is at least as effective, with a demonstrated performance level that meets or 

exceeds the control or control technique being replaced. 

Subsection (3)(A) allows the replacement control or control technique to be different than 

those currently authorized, as long as the new replacement control or control technique is

at least as effective in controlling emissions as those currently authorized. 

Subsection (3)(A) also requires that the replacement control equipment or control 

technique have the demonstrated ability to meet or exceed the performance level of the 

control equipment or control technique being replaced. Demonstrated ability means that 

the emission reduction option(s) proposed must be successfully proven in Texas or the 

United States to perform as represented for the same industry or different industry with 

similar emission stream. This language ensures that an established control method with a 

demonstrated performance level is not replaced with an innovative or novel technique that 

has not previously been demonstrated to achieve the required emission control 

performance; such a technique requires a case-by-case review. In addition, demonstrated 

technologies must have established initial testing, monitoring, and record keeping 

requirements that are replicable for all applications when applied as intended. 

Subsection (3)(B) allows for increases in MSS emissions only if MSS emissions were 

reviewed and included as part of the original authorization for the existing control 

equipment or control technique, and if the increases are necessary to implement the 

replacement project. This subsection prohibits increases in, or new, MSS emissions if MSS 

emissions are not included in the original authorization. 

Subsection (3)(C) requires that testing, monitoring, recordkeeping, and reporting

requirements associated with the currently authorized control or control technique 
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transmit to the replacement control or control technique to ensure continuing compliance 

with associated emission limits and the special conditions of the current authorization. If 

the replacement control or control technique is substantially different than the existing 

control or control technique being replaced, the owner or operator shall propose equivalent 

alternatives for testing, monitoring, recordkeeping, and reporting. These provisions ensure

that the replacement controls are properly monitored to assure continuous compliance with 

all applicable emission rate limits.

Registration Requirements

Section (4) is organized into subsections (A) and (B), which include the fee schedule and the 

documentation requirements for PCP SP registration. Fee requirements are designed to 

encourage the installation and use of pollution control projects, especially if there is no 

increase in emissions or the changes require minimal review. This section also describes 

when a registration should be submitted and when construction or implementation may 

begin. Various deadlines are proposed to provide flexibility and encourage the use of 

pollution control projects. Regardless of these deadlines, all projects shall meet all 

requirements of the PCP SP and it is the responsibility of the owner or operator to 

demonstrate that these requirements are met for the pollution control project. 

Subsection (4)(A) is organized into paragraphs (i) - (ii), which address fees and timelines 

for PCP SP registration. For all projects that require registration, the applicant must 

submit the PI-1S. 

Paragraph (4)(A)(i) requires registration no later than 30 days after construction or 

implementation of the PCP SP begins, if there are no increases in authorized emission rates 

of any air contaminant for: 1) in-kind replacement of emission control equipment; or 2) 

changes to representations occurring to a previously authorized pollution control project. 

The commission has determined that these types of projects do not require review prior to

construction or implementation because the projects do not result in emission increases

and are deemed environmentally beneficial. 

Subparagraph (4)(A)(i)(a) requires registration for in-kind replacement of emission control

equipment to be accompanied by a $900 fee consistent with 30 TAC § 116.115. No response 

will be provided because the commission has determined that these projects are 

environmentally beneficial, having no increases in authorized emission rates of any air

contaminant and replacement of emission control equipment with in-kind equipment. 

Subparagraph (4)(A)(i)(b) requires registration for changes to representations occurring to 

a previously authorized pollution control project. No fee applies because the commission 

has determined that changes to representations for this authorization do not require a fee, 
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similar to NSR permit alterations. No response will be provided for these projects because 

the commission has determined that these projects are environmentally beneficial, having 

no increases in authorized emission rates of any air contaminant. 

Paragraph (4)(A)(ii) requires registration no later than 45 days prior to construction or 

implementation of the PCP for: 1) implementation or change to control technique with a 

demonstrated and established performance level; 2) replacement of existing emissions 

control equipment with a different type of control, or in-kind replacement of emissions 

control equipment that results in an increase in emission of any air contaminant; 3) direct 

compound substitution; or 4) changes in representations to a previously authorized PCP SP 

that result in increased emission rates of an authorized air contaminant or causes the 

emission of an air contaminant not previously authorized. Construction or implementation 

may begin only after written acceptance of the pollution control project has been issued by 

the executive director. 

In the case of these more complex PCP SP projects, the registration requirements in 

paragraph (4)(A)(ii) provide the executive director’s staff 45 days to evaluate the proposed 

PCP prior to construction or implementation of the project. This provision ensures that 

projects, which will result in: 1) implementation or change to control technique with a 

demonstrated and established performance level; 2) replacement of existing emissions 

control equipment with a different type of control or in-kind replacement of emissions 

control equipment that results in an increase in emission of any air contaminant; 3) direct 

compound substitution; or 4) changes in representations to a previously authorized PCP SP 

that result in increased emission rates of an authorized air contaminant or cause the 

emission of an air contaminant not previously authorized, are evaluated by the executive 

director’s staff prior to construction or implementation to ensure that the project meets the 

criteria of the PCP SP. 

Based on the nature of these projects, the commission has determined that 45 days is an 

adequate amount of time to allow the executive director’s staff to complete the evaluation of 

these projects. The current PCP SP in 30 TAC § 116.617 allows these types of projects to 

proceed after 30 days if no response has been received by the executive director. Based on a 

review of the historic issuances of PCP SPs in 30 TAC § 116.617 (since 1995 approximately 

1,600 PCP SP projects have been completed), no projects have been allowed to proceed 

without a timely response from the executive director; therefore, there is no direct benefit 

to a 30-day assumed authorization. The prohibitions in (4)(A)(ii), against starting 

construction or implementation of the PCP SP without the executive director’s express 

acceptance of the project, ensures that PCP SP projects are only allowed to proceed after a 

proper and timely review. 
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Subparagraph (4)(A)(ii)(a) requires registration for implementation or change to control 

technique with a demonstrated and established performance level to be accompanied by a 

$900 fee consistent with 30 TAC § 116.115.

Subparagraph (4)(A)(ii)(b) requires registration for replacement of existing emissions 

control equipment with a different type of control or in-kind replacement of emissions 

control equipment that results in an increase in emission of any air contaminant to be 

accompanied by a $900 fee consistent with 30 TAC § 116.115. 

Subparagraph (4)(A)(ii)(c) requires registration for direct compound substitution to be 

accompanied by a $900 fee consistent with 30 TAC § 116.115. 

Subparagraph (4)(A)(ii)(d) requires registration for changes in representations to a 

previously authorized PCP SP that result in increased emission rates of an authorized air 

contaminant or cause the emission of an air contaminant not previously authorized to be 

accompanied by a $450 fee, unless received within 180 days of the original registration. 

The reduced fee of $450 reflects the fact that this type of project requires the evaluation of a 

recently authorized PCP rather than a review for a newly proposed project. 

Subsection (4)(B) defines registration requirements. PCP SP registrations shall include the 

following: a description of all process units affected by the project; a description of the 

project; identification of all existing permits and registrations affected by the project; 

quantification of maximum emission rate data and calculations for all emission rate 

increases and decreases associated with the project (at a minimum, the registration shall 

represent the maximum hourly and total annual emission rates for all facilities affected by 

the project, including emission rates for planned MSS facilities and related activities); 

supporting calculations and the technical bases for the emission rates are required; a 

description of monitoring and recordkeeping for all units affected by the project to 

demonstrate that the requirements of section (3) of this standard permit are met; a 

description of how the standard permit will be administratively incorporated into the 

existing permit(s); and, a demonstration that the proposed changes will not cause or 

contribute to an exceedance of the NAAQS or commission’s Effects Screening Level and 

that the resulting emissions are protective of human health and the environment. These 

requirements ensure that the executive director’s staff has all the necessary information 

required to determine if the project is eligible for the PCP SP and that project meets the 

minimum requirements for protectiveness and compliance assurance.

Operational Requirements

Section (5) is organized into subsections (A) and (B), which include operational 

requirements for general duty and recordkeeping for this standard permit. These provisions 
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provide additional assurance that authorized PCP SP projects are protective of human 

health and the environment.

Subsection (5)(A) requires that all units affected by the pollution control project be 

operated in a manner consistent with good industry and good engineering practices in such 

a way as to minimize emissions of collateral pollutants. 

Subsection (5)(B) requires that copies of specific types of documentation be kept 

demonstrating compliance with registration representations and with the conditions of this 

standard permit. This requirement will facilitate enforcement of the PCP SP. 

Incorporation Requirements

Section (6) is organized into subsections (A) and (B), which include requirements for 

incorporation and outline the procedures for, and under what conditions, a PCP SP shall be 

administratively incorporated into a facility’s authorization. Requiring administrative 

incorporation of the PCP SP into the facility’s original authorization, upon the next permit 

action that affects the original authorization, improves enforceability by clarifying how the 

PCP SP impacts the emission limits and the special conditions in the original authorization. 

Subsection (6)(A) requires that new facilities or changes in method of control or control 

technique authorized by this standard permit be administratively incorporated into that 

facility’s permit when that permit is next amended or renewed. 

Subsection (6)(B) requires that all increases in previously authorized emissions, new 

facilities, or changes in method of control or control technique authorized by this standard 

permit for facilities previously authorized by PBR comply with 30 TAC § 106.4, 

Requirements for Permitting by Rule, except for the emission limitations in 30 TAC § 

106.4(a)(1) and 30 TAC § 106.8, Recordkeeping.

V. PROTECTIVENESS REVIEW

All projects authorized under this PCP SP are required to demonstrate that emissions from 

the project are protective of public health and welfare and physical property. Projects that 

result in decreases in all air pollutants are deemed to be adequately protective. Projects 

that may result in collateral increases of air pollutants or a change in the nature of an air 

pollutant shall be accompanied by a demonstration of protectiveness in accordance with 

THSC, § 382.0518(b)(2) and 30 TAC § 116.610. 
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VI. PUBLIC NOTICE AND COMMENT PERIOD 

In accordance with 30 TAC § 116.603, Public Participation in Issuance of Standard Permits, 

the TCEQ published notice of the proposed standard permit in the Texas Register (35 

TexReg 7928) and newspapers of the general circulation in the metropolitan areas of Austin, 

Dallas, and Houston, Texas on August 27, 2010. The public comment period was for 30 

days from the date of publication. 

The commission received comments regarding the proposed permit. Reponses to those 

comments are included in Section VIII. Analysis of Comments, below. In addition, the 

commission will mail the response to each commenter. 

VII. PUBLIC MEETING

The TCEQ held a public meeting on the proposed PCP SP on September 20, 2010, 10:00

a.m., at the TCEQ, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas, for the 

receipt of oral or written comments by interested persons. 

VIII. ANALYSIS OF COMMENTS

Comments were received from Luminant and Region 6 of the EPA. 

Luminant commented that condition number 1.D.(iii) may contain a typographical error. 

Specifically, Luminant commented that use of the word “until” seems inconsistent with the 

remainder of the condition, and also seems to make 1.D.(iii) inconsistent with 1.D.(i).

No changes were made in response to this comment. Paragraph (1)(D)(i) allows facilities 

that made changes under standard permit registrations obtained under previous versions of 

the PCP SP to continue to operate under the version of the standard permit that was 

effective at the time of authorization. 

Paragraph (1)(D)(iii) requires authorizations under previous versions of the PCP SP to 

renew the authorization upon the ten-year anniversary of the original registration using the 

new non-rule standard permit, or when the registration for those facilities is later 

authorized by the facilities' permit and the registration is voided. In cases where 

incorporation of the standard permit is completed by incorporation by reference, rather 

than incorporation by consolidation, the standard permit must be renewed using the new 

non-rule standard permit. 

 

Paragraph (i) is a type of "savings clause" that allows operation for registrations under a 

previous version of the PCP SP so that those PCPs do not have to meet the requirements of 
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this new PCP SP. However, that ability to operate is limited by paragraphs (ii) and (iii). 

Therefore, the two paragraphs are not inconsistent. This is consistent with the 

commission's rule regarding duration and renewal of registrations to use standard permits 

in 30 TAC § 116.604.

EPA’s Comment Regarding 40 CFR 70.6(d) and Guidance Documents 

EPA’s commented that 40 CFR 70.6(d), one of its rules for the operating permits program 

under Title V of the FCAA, states that general permits must be issued to cover “numerous 

similar sources.” EPA states that it views this rule as a requirement to be followed when 

developing general permits issued under Title I, as well as permits developed under Title V, 

of the FCAA. EPA again referred to the documents cited in its proposed disapproval notice 

(74 FR 48476, September 23, 2009). 

Although not asserted in its prior disapproval action, EPA cites to 70.6(d) as authority for 

general permits to be limited to similar sources, a rule adopted under Title V of the FCAA 

for the operating permits program. Notably, this rule was not adopted under the authority 

of Title I relating to NSR. EPA's "view" that this rule is a requirement to be followed when 

developing general permits under Title I is not supported by any rulemaking that adopts 

this position under Title I. For this to be a requirement to be followed for any "general" 

NSR permits issued by either EPA or any State, EPA must conduct rulemaking under the 

Federal Administrative Procedure Act which provides opportunity for notice and comment 

of its proposed requirement. See Appalachian Power Co. v. EPA, 208 F.3d 1015, 1023 

(D.C. Cir. 2000). EPA's appropriation of 40 CFR 70.6(d) for NSR purposes is apparently 

due to the lack of a rule adopted by EPA under its authority in Title I of the FCAA. 

Additionally, EPA's approval of the commission's Standard Permits Program in 2003 did 

not cite to 40 CFR 70.6(d) as authority for that approval. EPA's "view" of rule applicability 

simply has no basis in law. Lastly, EPA has cited no rational basis for applying 40 CFR 

70.6(d) to the NSR program generally, or to its review of the PCP SP specifically. Without 

such an explanation, the commission has no information to review, and cannot take action 

to change the proposed standard permit. 

Similarly, guidance documents are not a valid legal basis and are not legally binding on 

states. For EPA to adopt binding requirements, it must do so through notice and comment 

rulemaking. Appalachian Power Co. v. EPA. Id., Therefore, if EPA wants requirements for 

standard permits to be limited to a particular narrowly defined source category, it must do 

so through rulemaking. The analysis provided by the Texas Association of Business on 

pages 8-12 of its comment letter in response to the FR notice (under Docket ID No. EPAR06-OAR-2006-0133) provides specific analysis of the guidance documents cited by EPA 

and concludes that these documents are related to EPA's consideration of various 

mechanisms to limit potential to emit (PTE). Minor NSR permit programs do provide the 
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ability to establish a PTE. However, not only do the cited memos not discuss PTE for 

pollution control standard permits, they do not provide any legal basis for disapproval of 

this type of permitting program as a minor NSR program. Additionally, EPA has provided 

no rational basis for why the commission’s decisions regarding source category limitations 

are inappropriate, or fail to assure attainment and maintenance of the NAAQS. Given that 

EPA has approved the commission's minor case-by-case, standard permit, and PBR minor 

NSR programs, the commission is not persuaded that the guidance EPA relies on is 

appropriate for evaluation of a minor NSR PCP SP. 

Moreover, EPA’s approval of the rules governing the commission’s Standard Permits 

Program, including requirements for the development and issuance of standard permits, is 

a finding that the FCAA and relevant permitting rules are satisfied. The commission’s 

existing § 116.617 and this new PCP SP meet those applicable laws and the Texas Minor 

NSR SIP as discussed hereafter. 

EPA’s Comment Regarding the Texas Minor Standard Permits NSR SIP

EPA also commented that it continues to have the same concerns expressed in the 

disapproval notice published on September 15, 2010 (75 FR 56423). EPA’s comment letter 

specifically referred to its determination that the PCP SP, as proposed, does not meet the 

Texas Standard Permits NSR SIP, approved November 14, 2003 (68 FR 64545) because it 

applies to numerous types of PCPs which can be used at any source that wants to use a PCP. 

EPA stated that SIP provides an alternative process for approving the construction of 

certain categories of new and modified sources by providing a streamlined mechanism 

within categories which contain numerous similar sources.

It is important to consider the history of EPA’s consideration of the commission’s PCP SPs 

since first adopted and submitted to EPA as part of the commission’s standard permit 

program in commission rules. The following addresses EPA’s reasons for not approving 

the original version of § 116.617, for disapproving the version of § 116.617 adopted in 2006, 

and this new PCP SP. The commission concludes that EPA’s basic opposition as expressed 

in these notices and comments is not based in applicable law, and that each version of the 

PCP SP complies with the Texas SIP and federal law as in effect at the time adopted or 

issued. In this new PCP SP, the commission has, however, made changes in the issued PCP 

SP with regard to replicable procedures to further ensure establishment of an enforceable 

permit. 

EPA’s Original Analysis of § 116.617 PCP SP

Prior to the publication of the September 23, 2009 FR notice, EPA had provided only one 

reason for not approving an earlier version of § 116.617 submitted to EPA December 9, 

2002. In a notice dated November 14, 2003, EPA stated that it was not approving § 116.617 
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because it did not include any provisions relating to the process by which the standard 

permit must be issued or modified. (68 FR 64543, at 64547) No other reasons were 

included in the 2003 notice. In that notice, and two subsequent notices, EPA approved the 

commission’s Standard Permit Program, which includes the requirements for issuance of a 

standard permit, that is, the process by which the commission proposes and adopts all 

standard permits. Those rules are in 30 TAC §§ 116.601 – 116.615, all of which are 

approved into the State Implementation Plan (SIP), except the most recent version of § 

116.610 (40 Code of Federal Regulations [CFR] § 52.2270). Furthermore, § 116.617 and this 

issued new PCP SP includes the registration and registration review requirements that are 

prerequisites for use of a PCP SP. Therefore, this EPA stated concern has been addressed 

by the commission; this is discussed in further detail in Section IV Permit Condition and

Analysis and Justification, above. 

In the 2009 proposed disapproval notice, EPA added several reasons for proposed 

disapproval of the PCP SP. The following addresses those comments. 

Minor NSR SIP Revision Under the FCAA and EPA rules

EPA commented in the 2009 proposed disapproval and 2010 final disapproval FR notices 

that the latest version of the PCP SP in § 116.617, even after it was amended to address the 

New York opinion, does not meet the requirements for a minor NSR SIP revision. In the 

2009 FR notice, EPA acknowledges on page 48476 that § 116.617 (as adopted in 2006) 

explicitly prohibits the use of the PCP SP for new major sources and major modifications, 

thus addressing the court’s decision in New York v. EPA. This proposed standard permit is 

specifically designed to be part of the minor NSR permit program; see Section (1)(A).

In the proposed disapproval notice, EPA states that this type of minor NSR permit is 

required to be applicable to “narrowly defined categories of emission sources, rather than a 

category of emission types.” (74 FR 48467, 48476, emphasis supplied) Then, it states that 

the basis for proposing disapproval of § 116.617 as part of the SIP is that “[a] Standard 

Permit is a minor NSR permit limited to a particular narrowly defined source category for 

which the permit is designed to cover and cannot be used to make site-specific 

determinations that are outside the scope of this type of permit.” EPA does not cite any 

statute or rule that provides the legal basis for its finding. If there is no specific statute 

regarding standard permits, and the commission is unaware that there is any such 

reference in the FCAA, then EPA must rely on its rules as a valid legal basis for this 

proposed finding. 

EPA’s approval of the rules governing the commission’s Standard Permits Program, 

including requirements for the development and issuance of standard permits, is a finding 

that the FCAA and relevant permitting rules are satisfied. The commission’s existing § 
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116.617 and this new PCP SP meet those applicable laws and the Texas Minor NSR SIP as 

discussed below.

Section 110(a)(3) of the Federal Clean Air Act (FCAA) provides that “air pollution 

prevention and air pollution control at its source is the primary responsibility of States and 

local governments.” This general obligation must be read in conjunction with § 

110(a)(2)(C), which includes the requirement to have a minor NSR permitting program. 

EPA has acknowledged that states have broad discretion to develop their minor NSR 

programs. See e.g., EPA comments to Texas in 73 FR 72001, at and 72008 (November 26, 

2008), which state “EPA recognizes that, under the applicable Federal regulations, states 

have broad discretion to determine the scope of their minor NSR programs as needed to 

attain and maintain the NAAQS. The State has significant discretion to tailor minor NSR 

requirements that are consistent with the requirements of Part 51. The State may also 

provide a rationale for why the rules are at least as stringent as the Part 51 requirements 

where the revisions are different from Part 51.” 

EPA has not adopted any rules that provide detailed requirements for this type of permit, or

any rules prohibiting it. In fact, the applicable rule in 40 CFR § 51.160, governing 

requirements for SIP approval of minor NSR programs, is broadly written and has been 

interpreted by EPA to provide states discretion to tailor their own minor NSR permit 

programs. As noted earlier, the commission’s standard permit program is part of the 

approved Texas SIP, and EPA has determined it meets Part 51. With regard to § 51.160, the 

commission provides the following analysis to demonstrate that this proposed new 

standard permit meets the rule, as well as the SIP-approved standard permit program.

Subsection (a) of § 51.160 requires that SIPs set forth legally enforceable procedures that 

enable a state to determine whether construction or modification of a source will result in a 

violation of the applicable portions of the control strategy or interfere with attainment or 

maintenance of any NAAQS in which the proposed source or modification is located. The 

TCAA , THSC, Chapter 382, in § 382.0518, and the Texas SIP require that all facilities, as 

that term is defined in THSC, § 382.003 and 30 TAC §116.10(6), obtain a permit prior to 

construction or modification. The commission has implemented this requirement through 

its major and minor NSR permit programs, which are SIP approved (40 CFR § 52.2270). 

Failure to comply with these requirements subjects the applicant to enforcement under the 

TCAA and the Texas Water Code, Chapters 5 and 7. 

Construction and operation under a registration of a standard permit requires compliance 

with the applicable rules of the commission (30 TAC § 116.615(10)). In this permit, 

applicable conditions are specifically included in Section (2). The applicable conditions

include protection of public health (30 TAC § 116.610 and § 116.615(1)). In this standard 

permit, these requirements are included in Sections (1)(C)(ii) and (2)(G) and (H).
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Subsection (b) of § 51.160 requires the SIP to include permit procedures to address the 

requirements in subsection (a) of § 51.160, ensuring that there will be no violations. In 

addition to the commission’s enforcement authority, compliance with § 51.160(b) is met by 

30 TAC §§ 116.610, 116.611, and 116.615 and Sections (1)(C)(ii), (2)(G) and (H), (4), and 

(5)(A) of this standard permit. 

Subsection (c) of § 51.160 requires that the procedures include submission of specific 

information to make the determination in subsection (a), and subsection (d) requires that 

the procedures provide that approval of any construction or modification must not affect 

the responsibility of the owner or operator to comply with applicable portions of the control 

strategy. These are met by 30 TAC §§ 116.610, 116.611, and 116.615, and in Section (4) of 

this standard permit. 

Subsection (e) of § 51.160 requires that the procedures identify what types and sizes of 

facilities are subject to review, and the basis for determining which facilities are subject to 

review. This standard permit meets this requirement in Sections (1) and (3).

Finally, subsection (f) of § 51.160 requires that the procedures discuss the air quality data 

and the dispersion or other air quality modeling used to meet the requirements of this 

subpart. Modeling may be required to demonstrate that any collateral increases in actual or 

allowable emission rates are protective of the NAAQS, public health and welfare, and 

physical property. This requirement is met by 30 TAC § 116.615 and Section (2)(G) of this 

standard permit. 

In addition, given that Texas has a long history of implementing a comprehensive air 

permitting program, most of which is in the approved Texas SIP and includes the Standard 

Permit Program, the commission is not persuaded that the EPA guidance memos and 

rulemaking for other states cited in the FR notice provide adequate authority for proposing 

disapproval of § 116.617. In particular, the FR notices cited on page 48476 do not concern 

PCP SPs, and do not involve disapprovals based on any failure to meet applicable legal 

requirements for minor NSR SIPs.

The Texas Minor NSR SIP 

In its approval of the Texas Standard Permit Program, EPA characterized the program as 

one that provides for a streamlined mechanism for approving the construction of certain 

sources within categories that contain numerous similar sources, and states that a standard 

permit is available to sources that belong in categories for which TCEQ has adopted a 

standard permit under 30 TAC Chapter 116, Subchapter F (68 FR 64543, at 64546 

(November 14, 2003)). The TCEQ rules which EPA approved in that rulemaking do not 

describe the program as applicable to “narrowly defined source” categories. The TCAA 

provides the commission with authority to issue standard permits for new or existing 
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similar facilities, provided certain findings are made. THSC §§ 382.05195 and 382.057. 

For the PCP SP, the similarities are in the application and use of the permit to control 

emissions of air contaminants. Numerous similar sources within categories will apply to 

use the PCP SP to control emissions in similar ways. The approved program allows for a 

standard permit, like this one, that has broad applicability because the necessary safeguards 

for protection of public health and compliance with other applicable legal requirements, as 

discussed elsewhere in this proposal, are included in the PCP SP. 

EPA’s specific comments regarding its analysis as to why § 116.617 does not meet the 

requirements of a minor NSR SIP are also not supported by statute or rule. EPA’s first 

comment is that § 116.617 does not delineate the type of pollution control equipment that 

can be authorized. Rather, it remains a generic permit that applies to numerous types of 

pollution control projects, which can be used at any source that wants to use it. EPA stated 

that an individual standard permit must be limited to a single source category which 

consists of numerous similar sources that can meet standardized permit conditions. 

The PCP SP, which was first adopted by the commission in 1995, was and is based on both 

the requirements to properly control the quality of the air, and policy that promotes an 

efficient and compliant means for achieving that requirement. The commission’s PCP SP 

was adopted for ease of meeting requirements to install certain pollution control equipment 

both as required under law and to voluntarily achieve emission reductions. The 

commission has found that a streamlined, yet protective, mechanism for installing pollution 

control equipment meets both the legal and public policy goals for clean air. The 

commission finds no basis to adopt separate permits for individual types of facilities (or, as 

EPA describes it, for single source categories), with the exact same conditions. The 

proposed PCP SP clearly distinguishes the requirements for replacement of controls from 

those for new controls. 

EPA commented in the proposed disapproval notice, that if case-by-case review and source 

specific technical determinations are necessary, then the state must use its minor NSR SIP 

case-by-case process under § 116.10(a)(1), instead of § 116.617. The commission disagrees. 

Although this new PCP SP requires the owner or operator to provide documentation that 

demonstrates that all PCP SP requirements will be met, which is checked by the executive 

director, there is no case-by-case review. Rather, the executive director’s staff ensures that 

compliance can be achieved with the PCP SP as well as any other applicable authorizations, 

and the executive director provides written acceptance of the project. If case-by-case review 

or facility specific technical determinations are necessary, the executive director’s staff can 

notify the owner or operator that the PCP SP would not be available and that a NSR permit 

under 30 TAC Chapter 116, Subchapter B would be required. 

EPA also commented in the proposed disapproval notice that the PCP SP does not contain 

replicable conditions that state how the executive director’s discretion is to be implemented 
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for the individual determinations, particularly with regard to those necessary in individual 

cases in lieu of generic enforceable requirements. EPA stated that specific replicable 

criteria must be set forth in the PCP SP establishing equivalent emissions rates and ambient 

impact. The owner or operator must provide adequate information that is checked by the 

executive director’s staff to ensure compliance with all federal and state rules and 

regulations, rather than making individual determinations. As discussed below, the 

commission addresses this comment in Section (4) of this proposed standard permit, 

explaining that the conditions of new this PCP SP are enforceable and replicable permit 

procedures and conditions. 

Finally, EPA commented in the proposed disapproval notice that the PCP SP is not the 

appropriate vehicle for any case-by-case establishment of recordkeeping and monitoring 

requirements. This new PCP SP requires owners or operators to maintain copies on site of 

the testing, monitoring, or other emission records to demonstrate that the pollution control 

project is operated consistent with the requirements of the PCP SP. The PCP SP allows for 

replacement of control equipment, and therefore the recordkeeping requirements of any 

other applicable authorizations would apply. For new equipment, the requirements in 

sections (1) and (5)(B) apply. 

In summary, EPA has not expressly restricted the use or applicability of general permits to 

achieve emission reductions from new or existing facilities for activities that are for the 

purpose of reducing or maintaining emissions by rulemaking adopted under Title I of the 

FCAA. The scope of the SP is limited to emission reduction activities at existing facilities to 

control emissions in similar ways to reduce or maintain emissions. Thus, this new PCP SP 

meets EPA’s purported standard that a permit be limited to similar sources. 

IX. STATUTORY AUTHORITY

This standard permit is issued under THSC, § 382.002, Policy and Purpose, which 

authorizes the commission to safeguard the state's air resources from pollution by 

controlling or abating air pollution and emissions of air contaminants, consistent with the 

protection of public health, general welfare, and physical property; THSC, § 382.011, 

General Powers and Duties, which authorizes the commission to control the quality of the 

state's air; THSC, § 382.012, State Air Control Plan, which requires the commission to 

prepare and develop a general, comprehensive plan for the proper control of the state's air; 

THSC, § 381.016, Monitoring Requirements; Examination of Records, which authorizes the 

commission to prescribe reasonable requirements for measuring and monitoring the 

emissions of air contaminants, and to require owners or operators of the source to make 

and maintain records on the measuring and monitoring of emissions; THSC, § 382.023, 

Orders, which authorizes the commission to issue orders necessary to carry out the policy 

and purposes of the TCAA; THSC, § 382.051, Permitting Authority of Commission; Rules, 

which authorizes the commission to issue permits, including standard permits for similar 
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facilities; THSC, § 382.0511, Permit Consolidation and Amendment, which authorizes the 

commission to consolidate into a single permit any permits, special permits, standard 

permits, PBR, or exemptions for a facility or federal source; THSC, § 382.0512, 

Modification of Existing Facility, which prescribes that the commission can consider when 

determining whether a facility has been modified; THSC, § 382.0513, Permit Conditions, 

which authorizes the commission to establish and enforce permit conditions consistent 

with Subchapter C of the Texas Clean Air Act; THSC, § 382.05195, Standard Permit, which 

authorizes the commission to issue standard permits according to the procedures set out in 

that section; and THSC § 382.057, which authorizes the commission to issue a standard 

permit for the installation of emission control equipment if certain conditions are 

established for the permit. 
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Air Quality Standard Permit for Pollution Control Projects

Effective Date: February 9, 2011

This air quality standard permit authorizes pollution control projects that meet all of the 

conditions listed in sections (1) – (6) of this standard permit. 

(1) Scope and applicability. 

(A) This standard permit applies to pollution control projects undertaken 

voluntarily or as required by any federal or state air quality 

requirement, which reduce or maintain currently authorized emission 

rates for existing facilities authorized by a permit, standard permit, or 

permits by rule (PBR). Pollution control projects do not qualify for 

authorization under this standard permit if the project constitutes a 

(i) new major stationary source or major modification of an 

existing major source as defined in 30 Texas Administrative 

Code (30 TAC) § 116.12, Nonattainment and Prevention of 

Significant Deterioration Review Definitions; or

(ii) reconstruction of a major source under 30 TAC § 116.400(a)(2), 

Applicability. 

(B) The project may include: 

(i) the installation or replacement of emission control equipment; 

(ii) the implementation or change to the control technique; or 

(iii) the direct substitution of compounds used in manufacturing or 

related processes that are a direct substitution for compounds 

used in a process in the original authorization. The direct 

substitution of compounds must not result in process 

reconfiguration, new emission point sources, changes to the 

process conditions, or increased health impacts. 

(C) This standard permit shall not be used to authorize the installation or 

replacement of emission control equipment, the implementation or 

change to a control technique, or the direct substitution of compounds 

used in manufacturing or related processes: 
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(i) that constitutes the complete replacement of an existing 

production facility or reconstruction of a production facility as 

defined in 40 Code of Federal Regulations §60.15(b)(1) and (c); 

(ii) that causes an exceedance of a National Ambient Air Quality 

Standards (NAAQS), or is expected to adversely affect human 

health and the environment due to an increase or change in the 

nature of any air contaminant until those concerns are 

addressed by the owner or operator to the satisfaction of the 

executive director; 

(iii) that returns a facility or group of facilities to compliance with an 

existing authorization or permit unless authorized by the 

executive director; or

(iv) that makes changes to scrubbers used to control odor or that 

allows substitution of compounds used in scrubbers. 

(D) Only new or modified pollution control projects shall meet the 

conditions of this standard permit. 

(i) All standard permit registrations under previous versions of the 

State Pollution Control Project Standard Permit shall remain 

authorized under the original authorization’s version until the 

ten-year anniversary and renewal of the current authorization, 

or when the registration is voided. 

(ii) All standard permit registrations that were authorized under 

previous versions of the State Pollution Control Project 

Standard Permit shall include the increases and decreases in 

emissions resulting from those projects in any future netting 

calculation. 

(iii) All conditions of this standard permit shall be met upon the tenyear anniversary and renewal of the original registration, or 

when the registration is authorized by the facilities' permit and 

the registration is voided. 

(2) General requirements. 

(A) Any claim under this standard permit shall comply with: 
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(i) 30 TAC § 116.604(1) and (2) (Duration and Renewal of 

Registrations to Use Standard Permits); 

(ii) 30 TAC § 116.605(d)(1) and (2) (Standard Permit Amendment 

and Revocation); 

(iii) 30 TAC § 116.610 (Applicability); 

(iv) 30 TAC § 116.611 (Registration to Use a Standard Permit); 

(v) 30 TAC § 116.614 (Standard Permit Fees) except as provided 

otherwise in this standard permit; and 

(vi) 30 TAC § 116.615 (General Conditions). 

(B) Construction or implementation of the pollution control project shall 

begin within 18 months of receiving written acceptance of the 

registration from the executive director, with one 18-month extension 

available, and shall comply with 30 TAC § 116.115(b)(2) and 30 TAC § 

116.120 (General and Special Conditions and Voiding of Permits). Any 

changes to allowable emission rates authorized by this section become 

effective when the project is complete and operation or 

implementation begins. 

(C) The emissions limitations of 30 TAC § 116.610(a)(1) do not apply to 

this standard permit. 

(D) Planned maintenance, startup, and shutdown emissions directly 

associated with the pollution control projects shall be included in the 

representations of the registration. 

(E) Initial performance testing, monitoring, recordkeeping, and reporting

shall be proposed that demonstrates initial and continuous compliance 

with the representations made in the registration. 

(F) Any increases in actual or allowable emission rates or any increase in 

production capacity authorized by this section, including increases 

associated with recovering lost production capacity, shall occur solely 

as a result of the project as represented in the registration. Any 

increases of production associated with a pollution control project shall 

not be utilized until an additional authorization is obtained. This 

paragraph is not intended to limit the owner or operator's ability to 
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recover lost capacity caused by a derate that may be recovered and 

used without any additional authorization. 

(G) Any collateral increases in actual or allowable emission rates shall be 

demonstrated to be protective of the NAAQS, public health and 

welfare, and physical property. The owner or operator shall 

demonstrate protectiveness in accordance with THSC, § 

382.0518(b)(2) and 30 TAC § 116.610. Projects that result in decreases 

of emission rates of all air pollutants are deemed to be adequately 

protective. 

(H) Any direct compound substitution shall be demonstrated not to cause 

additional health impacts. The commission’s Effects Screening Level 

(ESL) for any substituted compound, including resulting emissions of 

new products and byproducts, which result from the direct compound 

substitution shall not be less than the ESL value for the currently 

authorized compound and the emission rate for the substituted 

compound, including resulting emissions of new products and 

byproducts, which result from the direct compound substitution shall 

not be greater than the emission rate for the currently authorized 

compound.

(I) The facility is required to operate in accordance with all requirements 

and conditions of the original authorization, except for those 

conditions identified as being affected in the pollution control standard 

permit approval, including all representations made in the standard 

permit registration. 

(3) Replacement projects. 

(A) The replacement of emissions control equipment or control technique 

under this standard permit is not limited to the method of control 

currently in place, provided that the control or control technique is at 

least as effective as the currently authorized control equipment or 

control technique and all other requirements of this standard permit 

are met. The replacement control equipment or control technique shall 

have the demonstrated ability to meet or exceed the performance level 

of the equipment or control technique that is being replaced. 

(B) The maintenance, startup, and shutdown emissions may be increased 

above currently authorized emission limits if the increase is necessary 

to implement the replacement project and maintenance, startup, and 
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Rule Project No. 2012-057-OTH-NR

shutdown emissions were authorized by permit, PBR, or standard 

permit for the existing control equipment or technique and the 

emissions increases meet the NAAQS and are be protective of public 

health, as required by this standard permit. 

(C) Equipment installed under this section is subject to the following: 

(i) testing, monitoring, recordkeeping, and reporting requirements 

of the original control authorization shall transmit to all in-kind 

replacement of emissions control equipment; or

(ii) testing, monitoring, recordkeeping, and reporting shall be 

proposed by the owner or operator for all replacement of 

emissions control equipment that is different than those in the 

original authorization sufficient to demonstrate compliance with 

this permit. Proposed testing, monitoring, recordkeeping, and 

reporting for replacement emissions control equipment must 

meet industry or technology-specific standards. 

(4) Registration requirements. 

(A) A registration shall be submitted in accordance with the following. 

(i) Notification is required for the following changes no later than 

30 days after construction or implementation begins. 

(a) In-kind replacement of emissions control equipment that 

results in no increase in emissions of any air 

contaminant. The registration fee shall be accompanied 

by a $900 fee. No response will be sent from the 

executive director. 

(b) Changes in representations to a previously authorized 

State Pollution Control Project Standard Permit for which 

there are no increases in authorized emissions of any air 

contaminant. No fee applies and no response will be sent 

from the executive director. 

(ii) Notification is required for the following changes no later than 

45 days prior to construction or implementation begins. 

Construction or implementation may begin only after written 

acceptance of the pollution control project has been issued by 
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Rule Project No. 2012-057-OTH-NR

the executive director. 

(a) Implementation or change to control technique with a 

demonstrated and established performance level. The 

registration shall be accompanied by a $900 fee.

(b) Replacement of existing emissions control equipment 

with a different type of control equipment or in-kind 

replacement of emissions control equipment that results 

in an increase in emissions of any contaminant. The 

registration shall be accompanied by a $900 fee. 

(c) Compound substitution. The registration shall be 

accompanied by a $900 fee. 

(d) Changes in representations to a previously authorized 

State Pollution Control Project Standard Permit that 

increase authorized emissions of an authorized air 

contaminant or cause the emission of an air contaminant 

not previously authorized. The registration shall be 

accompanied by a $450 fee unless received within 180 

days of the original registration approval. 

(B) The registration shall include the following: 

(i) a description of process units affected by the project; 

(ii) a description of the project; 

(iii) identification of existing permits or registrations affected by the 

project, including any conditions that will be changed or 

removed as a result of this authorization; 

(iv) quantification and basis of increases and/or decreases 

associated with the project, including identification of affected 

existing or proposed emission points, all air contaminants, and 

hourly and annual emissions rates; 

(v) a description of proposed initial testing, monitoring, 

recordkeeping, and reporting that will demonstrate that the 

project operates as represented; 
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Rule Project No. 2012-057-OTH-NR

(vi) a description of how the standard permit will be 

administratively incorporated into the existing permit(s); and

(vii) a demonstration that the proposed changes will not cause or 

contribute to an exceedance of the NAAQS or the commission’s 

ESL and that the resulting emissions are protective of human 

health and the environment. 

(5) Operational requirements. Upon installation of the pollution control project, the 

owner or operator shall comply with the requirements of subsections (A) and (B) of this 

section. 

(A) General duty. The owner or operator shall operate the pollution 

control project in a manner consistent with good industry and 

engineering practices and in such a way as to minimize emissions of 

collateral pollutants, within the physical configuration and operational 

standards usually associated with the emissions control device, 

strategy, or control technique. 

(B) Recordkeeping. The owner or operator shall maintain copies on site of 

testing, monitoring, or other emission records sufficient to 

demonstrate that the pollution control project complies with all of the 

requirements of this standard permit and final application 

representations relied upon to register for this standard permit. 

(6) Incorporation of the standard permit into the facility authorization.

(A) Any new facilities or changes in method of control or control technique 

authorized by this standard permit at a previously permitted or 

standard permitted facility shall be administratively incorporated into 

the permit for that facility when the permit is amended or renewed. 

(B) All increases in previously authorized emissions, new facilities, or 

changes in method of control or control technique authorized by this 

standard permit for facilities previously authorized by a PBR shall 

comply with 30 TAC § 106.4 (Requirements for Permitting by Rule), 

except 30 TAC § 106.4(a)(1) and 30 TAC § 106.8 (relating to 

Recordkeeping).