TECHNICAL SUPPORT DOCUMENT

Revisions to the Texas State Implementation Plan

30 TAC Chapter 101 – General Air Quality Rules

Subchapter A – General Rules

§ 101.1 - Definitions

30 TAC Chapter 106 – Permits by Rule

Subchapter A – General Requirements

§ 106.4

Submitted as part of the following:

Rule Project No: 2010-020-101-PR on May 19, 2011

January 29, 2014

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-2115.
1

Subject : Revisions to the Texas State Implementation Plan for Permitting of 

Particulate Matter with Diameters Less Than or Equal to 2.5 Micrometers 

(PM2.5) 

30 TAC Chapter 101 – General Air Quality Rules,Subchapter A – General 

Rules; Section 101.1 – Definitions

30 TAC Chapter 106 – Permits by Rule, Subchapter A – General 

Requirements, Section 106.4 – Requirements for Permitting by Rule

Contents:

I. Executive Summary

II. Technical Evaluation of SIP Submittals

III. Conclusion
2

I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews one revision to the Texas State Implementation 

Plan (SIP), submitted on May 19, 2011, for the permitting implementation of the PM2.5 NAAQS. 

This review will determine if the changes to the general air quality definitions and general 

requirements for Permits by Rule are consistent with the requirements of the Clean Air Act and 

EPA’s policy and guidance.

May 19, 2011

• On April 20, 2011, the TCEQ adopted revisions to the Texas SIP for the implementation of 

the PM2.5 NAAQS.

o The TCEQ adopted revisions to 30 TAC Section 101.1 to update the general air quality 

definitions by 1) amending the definition for “de minimis” to reference the significance 

levels at 40 CFR 51.165(b)(2), 2) revising the definition of “particulate matter” to include 

sub-definitions for “PM10” and “PM2.5”, and 3) amend the definition of “particulate 

matter emissions” to include sub-definitions for “direct PM emissions” and “indirect PM 

emissions”. 

o The TCEQ also adopted amendments to 30 TAC Section 106.4 – Requirements for 

Permitting by Rule to include PM2.5 emission rates.

• The Chairman of the TCEQ, Mr. Bryan W. Shaw, Ph.D., submitted these revised definitions 

as a SIP revision in a letter dated May 19, 2011 for rule project number 2010-020-101-PR.
3

II. Technical Evaluation of the Texas SIP Submittals

The May 19, 2011, SIP submittal revising the general air quality definitions and the general 

requirements for PBRs to implement the PM2.5 NAAQS is evaluated for compliance with the 

relevant requirements of the Act and Title 40 of the Code of Federal Regulations (40 CFR) part 

51 – Requirements for Preparation, Adoption, and Submittal of Implementation Plans. These 

requirements include, but are not limited to the following:

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

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

of any stationary source within the areas covered by the plan as necessary to assure that 

national ambient air quality standards are achieved, including a permit program as 

required in parts C and D;

2. §110(l) of the Act which provides:

(l) Plan Revisions. – Each revision to an implementation plan submitted by a State under 

this chapter shall be adopted by such State after reasonable notice and public hearing. 

The Administrator shall not approve a revision of a plan if the revision would interfere 

with any applicable requirement concerning attainment and reasonable further progress 

(as defined in section 171), or any other applicable requirement of the chapter.

3. 40 CFR 51.160 – Legally enforceable procedures. The regulatory text of 40 CFR 51.160 

is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.1&idno=40

4. 40 CFR 51.161 – Public availability of information. The regulatory text of 40 CFR 

51.161 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.2&idno=40

5. 40 CFR 51.165 – Permit requirements. The regulatory text of 40 CFR 51.165 is available 

on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=feed49ec24fac67402c2bf6fa403850d&rgn=div8&view=text&node=40:

2.0.1.1.2.6.8.6&idno=40.

6. 40 CFR 51.166 – Prevention of significant deterioration of air quality. The regulatory text 

of 40 CFR 51.166 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=0dbbe52d31085f8454d6cbf1412e1557&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.7&idno=40.

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

guidance will be identified in the evaluation where appropriate.

Specifically, the May 19, 2011, submittal is first reviewed for completeness as a SIP submittal 

under Part 51, Appendix V. This will be followed by a detailed analysis of the submitted 

revisions with respect to the SIP-approved definitions and permitting provisions to determine 

consistency with EPA regulations, guidance and whether the submitted provisions interfere with 
4

any applicable CAA provisions. This analysis produces a written evaluation used to make a 

determination of whether or not the May 19, 2011 PM2.5 Implementation SIP revision is in 

agreement with the CAA, other EPA policies or guidance.

II.A. Part 51, Appendix V Evaluation of the May 19, 2011, SIP Submittal

The criteria for completeness determination are found in Appendix V to Part 51 - Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a 

State implementation plan submitted for consideration by EPA is an official submission 

for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying 

the component(s) absent or insufficient to perform a review of the submitted plan.

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

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no 

later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 

months from receipt. A determination of completeness under this paragraph means that 

the submission is an official submission for purposes of §51.103.

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.
5

SIP Completeness Checklist for the May 19, 2011, SIP Submittal

Rule Log No: 2010-020-101-PR

Administrative Materials (2.1)

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision.

The SIP revision was submitted by a letter from Bryan W. Shaw, Ph.D., Chairman of the 

TCEQ, dated May 19, 2011. The SIP submittal was received by EPA Region 6 External 

Affairs on May 23, 2011. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date.

The revisions were adopted by the TCEQ on April 20, 2011, and became effective May 

15, 2011. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementation is found in the 

Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code.

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself.

The May 19, 2011, submittal included a copy of the official State regulation document, 

submitted by Chairman Shaw.

5. Evidence is included that the State followed all the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 
6

6. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by EPA, including the date of publication of such notice, 

(e.g., notarized or certified copies of any public notices published in newspapers). (The 

notice should be at least 30 days prior to the public hearing(s).

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

• Austin American Statesman: November 5, 2010

• Fort Worth Star-Telegram: November 5, 2010

• Houston Chronicle: November 5, 2010

TCEQ conducted a public hearing in Austin, Texas, on December 13, 2010.

TCEQ also provided publication in the Texas Register of the proposed rulemaking (35 

TexReg 10147) and public hearing notice (35 TexReg 10147) on November 19, 2010.

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable.

An order adopting revisions to the SIP was included. This order states that the public 

hearing was conducted pursuant to Texas Health and Safety Code § 382.017, Texas 

Government Code Chapter 2001, and 40 CFR § 51.102.

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

The SIP submittal package did include a compilation of comments and the State’s 

response to comments. TCEQ received written testimony from 3parties during the 

comment period, including EPA Region 6. No oral comments were received.

Technical Support (2.2)

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

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

The SIP submittal revises the general air quality definitions and the general requirements 

for PBR to address and implement the PM2.5 NAAQS.

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included.

The general air quality definitions and PBR general requirements will apply statewide.
7

3. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.)

The general air quality definitions and PBR general requirements will apply statewide. 

Emission estimates are not necessary for general definition revisions. The general 

requirements for PBRs do not identify affected sources or identify changes in emissions –

rather this provides the general provision that a PBR can be developed for PM2.5

emissions. At the time the PBR is developed the TCEQ will identify the affected sources 

and quantify anticipated emission changes.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and 

implemented.

The general air quality definitions and general requirements for PBRs have been adopted 

to provide for permitting of PM2.5 emissions consistent with the PM2.5 NAAQS. Therefore 

it is expected that implementation of these rules will be protective of NAAQS/PSD 

increments/RFP/visibility and other applicable requirements of the CAA.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support the analysis and review of the proposed 

public notice and participation provisions. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.).

Appropriate emission limitations will be established in individual permits. The SIP 

revision under review in this document only general definitions and the ability of a PBR 

to be developed for PM2.5 emissions.
8

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels.

Appropriate recordkeeping/reporting requirements will be established in each PBR.

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency).

Compliance/enforcement strategies are not applicable to this SIP submittal. Any specific 

PBR developed from the general requirements providing for the regulation of PM2.5 will 

address compliance.

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification.

These justifications are not necessary for this SIP revision.

The May 19, 2011, SIP submittal (Rule Project No. 2010-020-101-PR) meets the 

completeness criteria established in 40 CFR part 51, Appendix V.
9

II.B. Analysis of the Submitted Regulatory Language to 30 TAC Section 101.1 in the May 

19, 2011, SIP Submittal

The following table provides a line by line comparison of the SIP-approved General Definitions 

at 30 TAC Section 101.1 and each subsequent revision adopted and submitted as a revision to the 

Texas SIP. These general definitions are applicable to the entirety of the Texas Air Program. 

EPA’s analysis of the approvability of the revision is provided in italicized font immediately 

following any amendment.

Table II.B.1 – Analysis of the Revisions to 30 TAC 101.1 Definitions

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

Unless specifically defined in the Texas Clean Air Act 

(TCAA) or in the rules of the commission, the terms 

used by the commission have the meanings commonly 

ascribed to them in the field of air pollution control. In 

addition to the terms that are defined by the TCAA, the 

following terms, when used in the air quality rules in this 

title, have the following meanings, unless the context 

clearly indicates otherwise.

No changes to the SIP-approved definition. Language 

provided for context.

1. Account--For those sources required to be 

permitted under Chapter 122 of this title (relating to 

Federal Operating Permits), all sources that are 

aggregated as a site. For all other sources, any 

combination of sources under common ownership 

or control and located on one or more contiguous 

properties, or properties contiguous except for 

intervening roads, railroads, rights-of-way, 

waterways, or similar divisions.

No changes to the SIP-approved definition. Language 

provided for context.

2. Acid gas flare--A flare used exclusively for the 

incineration of hydrogen sulfide and other acidic 

gases derived from natural gas sweetening 

processes.

No changes to the SIP-approved definition. Language 

provided for context.

3. Agency established facility identification 

number--For the purposes of Subchapter F of this 

chapter (relating to Emissions Events and Scheduled 

Maintenance, Startup, and Shutdown Activities), a 

unique alphanumeric code required to be assigned 

by the owner or operator of a regulated entity that 

the emission inventory reporting requirements of 

§101.10 of this title (relating to Emissions Inventory 

Requirements) are applicable to each facility at that 

regulated entity.

No changes to the SIP-approved definition. Language 

provided for context.

4. Ambient air--That portion of the atmosphere, 

external to buildings, to which the general public 

has access.

No changes to the SIP-approved definition. Language 

provided for context.

5. Background--Background concentration, the level 

of air contaminants that cannot be reduced by 

controlling emissions from man-made sources. It is 

No changes to the SIP-approved definition. Language 

provided for context.
10

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

determined by measuring levels in non-urban areas.

6. Boiler--Any combustion equipment fired with solid, 

liquid, and/or gaseous fuel used to produce steam or 

to heat water.

No changes to the SIP-approved definition. Language 

provided for context.

7. Capture system--All equipment (including, but not 

limited to, hoods, ducts, fans, booths, ovens, dryers, 

etc.) that contains, collects, and transports an air 

pollutant to a control device.

No changes to the SIP-approved definition. Language 

provided for context.

8. Captured facility--A manufacturing or production 

facility that generates an industrial solid waste or 

hazardous waste that is routinely stored, processed, 

or disposed of on a shared basis in an integrated 

waste management unit owned, operated by, and 

located within a contiguous manufacturing complex.

No changes to the SIP-approved definition. Language 

provided for context.

9. Carbon adsorber--An add-on control device that 

uses activated carbon to adsorb volatile organic 

compounds from a gas stream.

No changes to the SIP-approved definition. Language 

provided for context.

10. Carbon adsorption system--A carbon adsorber 

with an inlet and outlet for exhaust gases and a 

system to regenerate the saturated adsorbent.

No changes to the SIP-approved definition. Language 

provided for context.

11. Coating--A material applied onto or impregnated 

into a substrate for protective, decorative, or 

functional purposes. Such materials include, but are 

not limited to, paints, varnishes, sealants, adhesives, 

thinners, diluents, inks, maskants, and temporary 

protective coatings.

No changes to the SIP-approved definition. Language 

provided for context.

12. Cold solvent cleaning--A batch process that uses 

liquid solvent to remove soils from the surfaces of 

parts or to dry the parts by spraying, brushing, 

flushing, and/or immersion while maintaining the 

solvent below its boiling point. Wipe cleaning (hand 

cleaning) is not included in this definition.

No changes to the SIP-approved definition. Language 

provided for context.

13. Combustion unit--Any boiler plant, furnace, 

incinerator, flare, engine, or other device or system 

used to oxidize solid, liquid, or gaseous fuels, but 

excluding motors and engines used in propelling 

land, water, and air vehicles.

No changes to the SIP-approved definition. Language 

provided for context.

14. Combustion turbine--Any gas turbine system that 

is gas and/or liquid fuel fired with or without power 

augmentation. This unit is either attached to a 

foundation or is portable, equipment operated at a 

specific minor or major source for more than 90 

days in any 12-month period. Two or more gas 

turbines powering one shaft will be treated as one 

unit.

No changes to the SIP-approved definition. Language 

provided for context.

15. Commercial hazardous waste management 

facility--Any hazardous waste management facility 

that accepts hazardous waste or polychlorinated 

biphenyl compounds for a charge, except a captured 

facility that disposes only waste generated on-site or 

No changes to the SIP-approved definition. Language 

provided for context.
11

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

a facility that accepts waste only from other 

facilities owned or effectively controlled by the 

same person.

16. Commercial incinerator--An incinerator used to 

dispose of waste material from retail and wholesale 

trade establishments.

No changes to the SIP-approved definition. Language 

provided for context.

17. Commercial medical waste incinerator--A facility 

that accepts for incineration medical waste 

generated outside the property boundaries of the 

facility.

No changes to the SIP-approved definition. Language 

provided for context.

18. Component--A piece of equipment, including, but 

not limited to, pumps, valves, compressors, and 

pressure relief valves that has the potential to leak 

volatile organic compounds.

No changes to the SIP-approved definition. Language 

provided for context.

19. Condensate--Liquids that result from the cooling 

and/or pressure changes of produced natural gas. 

Once these liquids are processed at gas plants or 

refineries or in any other manner, they are no longer 

considered condensates.

No changes to the SIP-approved definition. Language 

provided for context.

20. Construction-demolition waste--Waste resulting 

from construction or demolition projects.

No changes to the SIP-approved definition. Language 

provided for context.

21. Control system or control device--Any part, 

chemical, machine, equipment, contrivance, or 

combination of same, used to destroy, eliminate, 

reduce, or control the emission of air contaminants 

to the atmosphere.

No changes to the SIP-approved definition. Language 

provided for context.

22. Conveyorized degreasing--A solvent cleaning 

process that uses an automated parts handling 

system, typically a conveyor, to automatically 

provide a continuous supply of parts to be cleaned 

or dried using either cold solvent or vaporized 

solvent. A conveyorized degreasing process is fully 

enclosed except for the conveyor inlet and exit 

portals.

No changes to the SIP-approved definition. Language 

provided for context.

23. Criteria pollutant or standard--Any pollutant for 

which there is a national ambient air quality 

standard established under 40 Code of Federal 

Regulations Part 50.

No changes to the SIP-approved definition. Language 

provided for context.

24. Custody transfer--The transfer of produced crude 

oil and/or condensate, after processing and/or 

treating in the producing operations, from storage 

tanks or automatic transfer facilities to pipelines or 

any other forms of transportation.

No changes to the SIP-approved definition. Language 

provided for context.

25. De minimis impact--A change in ground level 

concentration of an air contaminant as a result of the 

operation of any new major stationary source or of 

the operation of any existing source that has 

undergone a major modification that does not 

exceed the following specified amounts.

25. De minimis impact--A change in ground level 

concentration of an air contaminant as a result of the 

operation of any new major stationary source or of 

the operation of any existing source that has 

undergone a major modification that does not 

exceed the significance levels as specified in 40 

Code of Regulations (CFR) §51.165(b)(2). the 
12

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

SEE Figure: 30 TAC §101.1(25)

AIR CONT. ANN. 24-

HR

8-HR 3-HR 1-HR

Inhalable 

Particulate 

Matter 

(PM10)

1.0 

μg/m3

5.0 

μg/m3

Sulfur 

Dioxide

1.0 

μg/m3

5.0 

μg/m3

25 

μg/m3

Nitrogen 

Dioxide

1.0 

μg/m3

Carbon 

Monoxide

0.5 

mg/m3

2 

mg/m3

following specified amounts.

SEE Figure: 30 TAC §101.1(25)

AIR 

CONT.

ANN. 24-

HR

8-HR 3-HR 1-HR

Inhalable 

Particulate 

Matter 

(PM10)

1.0 

μg/m3

5.0 

μg/m3

Sulfur 

Dioxide

1.0 

μg/m3

5.0 

μg/m3

25 

μg/m3

Nitrogen 

Dioxide

1.0 

μg/m3

Carbon 

Monoxide

0.5 

mg/m3

2 

mg/m3

These revisions are approvable. Please see the 

discussion immediately following this table for a 

discussion of “de minimis impact” and permitting.

26. Domestic wastes--The garbage and rubbish 

normally resulting from the functions of life within 

a residence.

No changes to the SIP-approved definition. Language 

provided for context.

27. Emissions banking--A system for recording 

emissions reduction credits so they may be used or 

transferred for future use.

No changes to the SIP-approved definition. Language 

provided for context.

28. Emissions event--Any upset event or unscheduled 

maintenance, startup, or shutdown activity, from a 

common cause that results in unauthorized 

emissions of air contaminants from one or more 

emissions points at a regulated entity.

No changes to the SIP-approved definition. Language 

provided for context.

29. Emissions reduction credit--Any stationary source 

emissions reduction that has been banked in 

accordance with Chapter 101, Subchapter H, 

Division 1 of this title (relating to Emission Credit 

Banking and Trading).

No changes to the SIP-approved definition. Language 

provided for context.

30. Emissions reduction credit certificate--The 

certificate issued by the executive director that 

indicates the amount of qualified reduction available 

for use as offsets and the length of time the 

reduction is eligible for use.

No changes to the SIP-approved definition. Language 

provided for context.

31. Emissions unit--Any part of a stationary source that 

emits, or would have the potential to emit, any 

pollutant subject to regulation under the Federal 

Clean Air Act.

No changes to the SIP-approved definition. Language 

provided for context.

32. Excess opacity event--When an opacity reading is 

equal to or exceeds 15 additional percentage points 

above an applicable opacity limit, averaged over a 

six-minute period.

No changes to the SIP-approved definition. Language 

provided for context.

33. Exempt solvent--Those carbon compounds or 

mixtures of carbon compounds used as solvents that 

have been excluded from the definition of volatile 

organic compound.

No changes to the SIP-approved definition. Language 

provided for context.

34. External floating roof--A cover or roof in an open No changes to the SIP-approved definition. Language 
13

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

top tank that rests upon or is floated upon the liquid 

being contained and is equipped with a single or 

double seal to close the space between the roof edge 

and tank shell. A double seal consists of two 

complete and separate closure seals, one above the 

other, containing an enclosed space between them.

provided for context.

35. Federal motor vehicle regulation--Control of Air 

Pollution from Motor Vehicles and Motor Vehicle 

Engines, 40 Code of Federal Regulations Part 85.

No changes to the SIP-approved definition. Language 

provided for context.

36. Federally enforceable--All limitations and 

conditions that are enforceable by the United States 

Environmental Protection Agency administrator, 

including those requirements developed under 40 

Code of Federal Regulations (CFR) Parts 60 and 61; 

requirements within any applicable state 

implementation plan (SIP); and any permit 

requirements established under 40 CFR §52.21 or 

under regulations approved under 40 CFR Part 51, 

Subpart 1, including operating permits issued under 

the approved program that is incorporated into the 

SIP and that expressly requires adherence to any 

permit issued under such program.

No changes to the SIP-approved definition. Language 

provided for context.

37. Flare--An open combustion unit (i.e., lacking an 

enclosed combustion chamber) whose combustion 

air is provided by uncontrolled ambient air around 

the flame, and that is used as a control device. A 

flare may be equipped with a radiant heat shield 

(with or without a refractory lining), but is not 

equipped with a flame air control damping system 

to control the air/fuel mixture. In addition, a flare 

may also use auxiliary fuel. The combustion flame 

may be elevated or at ground level. A vapor 

combustor, as defined in this section, is not 

considered a flare.

No changes to the SIP-approved definition. Language 

provided for context.

38. Fuel oil--Any oil meeting the American Society for 

Testing and Materials (ASTM) specifications for 

fuel oil in ASTM D396-01, Standard Specifications 

for Fuel Oils, revised 2001. This includes fuel oil 

grades 1, 1 (Low Sulfur), 2, 2 (Low Sulfur), 4 

(Light), 4, 5 (Light), 5 (Heavy), and 6.

No changes to the SIP-approved definition. Language 

provided for context.

39. Fugitive emission--Any gaseous or particulate 

contaminant entering the atmosphere that could not 

reasonably pass through a stack, chimney, vent, or 

other functionally equivalent opening designed to 

direct or control its flow.

No changes to the SIP-approved definition. Language 

provided for context.

40. Garbage--Solid waste consisting of putrescible 

animal and vegetable waste materials resulting from 

the handling, preparation, cooking, and 

consumption of food, including waste materials 

from markets, storage facilities, and handling and 

sale of produce and other food products.

No changes to the SIP-approved definition. Language 

provided for context.
14

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

41. Gasoline--Any petroleum distillate having a Reid 

vapor pressure of four pounds per square inch (27.6 

kilopascals) or greater that is produced for use as a 

motor fuel, and is commonly called gasoline.

No changes to the SIP-approved definition. Language 

provided for context.

42. Hazardous wastes--Any solid waste identified or 

listed as a hazardous waste by the administrator of 

the United States Environmental Protection Agency 

under the federal Solid Waste Disposal Act, as 

amended by Resource Conservation and Recovery 

Act, 42 United States Code, §§6901 et seq., as 

amended.

No changes to the SIP-approved definition. Language 

provided for context.

43. Heatset (used in offset lithographic printing)--

Any operation where heat is required to evaporate 

ink oil from the printing ink. Hot air dryers are used 

to deliver the heat.

No changes to the SIP-approved definition. Language 

provided for context.

44. High-bake coatings--Coatings designed to cure at 

temperatures above 194 degrees Fahrenheit.

No changes to the SIP-approved definition. Language 

provided for context.

45. High-volume low-pressure spray guns--

Equipment used to apply coatings by means of a 

spray gun that operates between 0.1 and 10.0 

pounds per square inch gauge air pressure measured 

at the air cap.

No changes to the SIP-approved definition. Language 

provided for context.

46. Incinerator--An enclosed combustion apparatus 

and attachments that is used in the process of 

burning wastes for the primary purpose of reducing 

its volume and weight by removing the 

combustibles of the waste and is equipped with a 

flue for conducting products of combustion to the 

atmosphere. Any combustion device that burns 10% 

or more of solid waste on a total British thermal unit 

(Btu) heat input basis averaged over any one-hour 

period is considered to be an incinerator. A 

combustion device without instrumentation or 

methodology to determine hourly flow rates of solid 

waste and burning 1.0% or more of solid waste on a 

total Btu heat input basis averaged annually is also 

considered to be an incinerator. An open-trench type 

(with closed ends) combustion unit may be 

considered an incinerator when approved by the 

executive director. Devices burning untreated wood 

scraps, waste wood, or sludge from the treatment of 

wastewater from the process mills as a primary fuel 

for heat recovery are not included under this 

definition. Combustion devices permitted under this 

title as combustion devices other than incinerators 

will not be considered incinerators for application of 

any rule within this title provided they are installed 

and operated in compliance with the condition of all 

applicable permits.

No changes to the SIP-approved definition. Language 

provided for context.

47. Industrial boiler--A boiler located on the site of a 

facility engaged in a manufacturing process where 

No changes to the SIP-approved definition. Language 

provided for context.
15

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

substances are transformed into new products, 

including the component parts of products, by 

mechanical or chemical processes.

48. Industrial furnace--Cement kilns; lime kilns; 

aggregate kilns; phosphate kilns; coke ovens; blast 

furnaces; smelting, melting, or refining furnaces, 

including pyrometallurgical devices such as 

cupolas, reverberator furnaces, sintering machines, 

roasters, or foundry furnaces; titanium dioxide 

chloride process oxidation reactors; methane 

reforming furnaces; pulping recovery furnaces; 

combustion devices used in the recovery of sulfur 

values from spent sulfuric acid; and other devices 

the commission may list.

No changes to the SIP-approved definition. Language 

provided for context.

49. Industrial solid waste--Solid waste resulting from, 

or incidental to, any process of industry or 

manufacturing, or mining or agricultural operations, 

classified as follows.

(A) Class 1 industrial solid waste or Class 1 

waste is any industrial solid waste designated as 

Class 1 by the executive director as any industrial 

solid waste or mixture of industrial solid wastes that 

because of its concentration or physical or chemical 

characteristics is toxic, corrosive, flammable, a 

strong sensitizer or irritant, a generator of sudden 

pressure by decomposition, heat, or other means, 

and may pose a substantial present or potential 

danger to human health or the environment when 

improperly processed, stored, transported, or 

otherwise managed, including hazardous industrial 

waste, as defined in §335.1 and §335.505 of this 

title (relating to Definitions and Class 1 Waste 

Determination).

(B) Class 2 industrial solid waste is any 

individual solid waste or combination of industrial 

solid wastes that cannot be described as Class 1 or 

Class 3, as defined in §335.506 of this title (relating 

to Class 2 Waste Determination).

(C) Class 3 industrial solid waste is any inert 

and essentially insoluble industrial solid waste, 

including materials such as rock, brick, glass, dirt, 

and certain plastics and rubber, etc., that are not 

readily decomposable as defined in §335.507 of this 

title (relating to Class 3 Waste Determination).

No changes to the SIP-approved definition. Language 

provided for context.

50. Internal floating cover--A cover or floating roof in 

a fixed roof tank that rests upon or is floated upon 

the liquid being contained, and is equipped with a 

closure seal or seals to close the space between the 

cover edge and tank shell.

No changes to the SIP-approved definition. Language 

provided for context.

51. Leak--A volatile organic compound concentration 

greater than 10,000 parts per million by volume or 

the amount specified by applicable rule, whichever 

No changes to the SIP-approved definition. Language 

provided for context.
16

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

is lower; or the dripping or exuding of process fluid 

based on sight, smell, or sound.

52. Liquid fuel--A liquid combustible mixture, not 

derived from hazardous waste, with a heating value 

of at least 5,000 British thermal units per pound.

No changes to the SIP-approved definition. Language 

provided for context.

53. Liquid-mounted seal--A primary seal mounted in 

continuous contact with the liquid between the tank 

wall and the floating roof around the circumference 

of the tank.

No changes to the SIP-approved definition. Language 

provided for context.

54. Maintenance area--A geographic region of the 

state previously designated nonattainment under the 

Federal Clean Air Act Amendments of 1990 and 

subsequently redesignated to attainment subject to 

the requirement to develop a maintenance plan 

under 42 United States Code, §7505a, as described 

in 40 Code of Federal Regulations Part 81and in 

pertinent Federal Register notices.

No changes to the SIP-approved definition. Language 

provided for context.

55. Maintenance plan--A revision to the applicable 

state implementation plan, meeting the requirements 

of 42 United States Code, §7505a.

No changes to the SIP-approved definition. Language 

provided for context.

56. Marine vessel--Any watercraft used, or capable of 

being used, as a means of transportation on water, 

and that is constructed or adapted to carry, or that 

carries, oil, gasoline, or other volatile organic liquid 

in bulk as a cargo or cargo residue.

No changes to the SIP-approved definition. Language 

provided for context.

57. Mechanical shoe seal--A metal sheet that is held 

vertically against the storage tank wall by springs or 

weighted levers and is connected by braces to the 

floating roof. A flexible coated fabric (envelope) 

spans the annular space between the metal sheet and 

the floating roof.

No changes to the SIP-approved definition. Language 

provided for context.

58. Medical waste--Waste materials identified by the 

Department of State Health Services as "special 

waste from health care-related facilities" and those 

waste materials commingled and discarded with 

special waste from health care-related facilities.

No changes to the SIP-approved definition. Language 

provided for context.

59. Metropolitan Planning Organization--That 

organization designated as being responsible, 

together with the state, for conducting the 

continuing, cooperative, and comprehensive 

planning process under 23 United States Code 

(USC), §134 and 49 USC, §1607.

No changes to the SIP-approved definition. Language 

provided for context.

60. Mobile emissions reduction credit--The credit 

obtained from an enforceable, permanent, 

quantifiable, and surplus (to other federal and state 

rules) emissions reduction generated by a mobile 

source as set forth in Chapter 114, Subchapter F of 

No changes to the SIP-approved definition. Language 

provided for context.
17

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

this title (relating Vehicle Retirement and Mobile 

Emission Reduction Credits), and that has been 

banked in accordance with Subchapter H, Division 

1 of this chapter.

61. Motor vehicle--A self-propelled vehicle designed 

for transporting persons or property on a street or 

highway.

No changes to the SIP-approved definition. Language 

provided for context.

62. Motor vehicle fuel dispensing facility--Any site 

where gasoline is dispensed to motor vehicle fuel 

tanks from stationary storage tanks.

No changes to the SIP-approved definition. Language 

provided for context.

63. Municipal solid waste--Solid waste resulting from, 

or incidental to, municipal, community, 

commercial, institutional, and recreational activities, 

including garbage, rubbish, ashes, street cleanings, 

dead animals, abandoned automobiles, and all other 

solid waste except industrial solid waste.

No changes to the SIP-approved definition. Language 

provided for context.

64. Municipal solid waste facility--All contiguous 

land, structures, other appurtenances, and 

improvements on the land used for processing, 

storing, or disposing of solid waste. A facility may 

be publicly or privately owned and may consist of 

several processing, storage, or disposal operational 

units, e.g., one or more landfills, surface 

impoundments, or combinations of them.

No changes to the SIP-approved definition. Language 

provided for context.

65. Municipal solid waste landfill--A discrete area of 

land or an excavation that receives household waste 

and that is not a land application unit, surface 

impoundment, injection well, or waste pile, as those 

terms are defined under 40 Code of Federal 

Regulations §257.2. A municipal solid waste 

landfill (MSWLF) unit also may receive other types 

of Resource Conservation and Recovery Act 

Subtitle D wastes, such as commercial solid waste, 

nonhazardous sludge, conditionally exempt smallquantity generator waste, and industrial solid waste. 

Such a landfill may be publicly or privately owned. 

An MSWLF unit may be a new MSWLF unit, an 

existing MSWLF unit, or a lateral expansion.

No changes to the SIP-approved definition. Language 

provided for context.

66. National ambient air quality standard--Those 

standards established under 42 United States Code, 

§7409, including standards for carbon monoxide, 

lead, nitrogen dioxide, ozone, inhalable particulate 

matter, and sulfur dioxide.

No changes to the SIP-approved definition. Language 

provided for context.

67. Net ground-level concentration--The 

concentration of an air contaminant as measured at 

or beyond the property boundary minus the 

representative concentration flowing onto a property 

as measured at any point. Where there is no 

No changes to the SIP-approved definition. Language 

provided for context.
18

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

expected influence of the air contaminant flowing 

onto a property from other sources, the net ground 

level concentration may be determined by a 

measurement at or beyond the property boundary.

68. New source--Any stationary source, the 

construction or modification of which was 

commenced after March 5, 1972.

No changes to the SIP-approved definition. Language 

provided for context.

69. Nitrogen oxides (NOX) – The sum of the nitric 

oxide and nitrogen dioxide in the flue gas or 

emission point, collectively expressed as nitrogen 

dioxide.

No changes to the SIP-approved definition. Language 

provided for context.

70. Nonattainment area--A defined region within the 

state that is designated by the United States 

Environmental Protection Agency (EPA) as failing 

to meet the national ambient air quality standard 

(NAAQS or standard) for a pollutant for which a 

standard exists. The EPA will designate the area as 

nonattainment under the provisions of 42 United 

States Code, §7407(d). For the official list and 

boundaries of nonattainment areas, see 40 Code of 

Federal Regulations (CFR) Part 81 and pertinent 

Federal Register notices. The designations and 

classifications for the one-hour ozone national 

ambient air quality standard in 40 CFR Part 81 were 

retained for the purpose of anti-backsliding and 

upon determination by the EPA that any 

requirement is no longer required for purposes of 

anti-backsliding, then that requirement no longer 

applies.

No changes to the SIP-approved definition. Language 

provided for context.

71. Non-reportable emissions event--Any emissions 

event that in any 24-hour period does not result in 

an unauthorized emission from any emissions point 

equal to or in excess of the reportable quantity as 

defined in this section.

No changes to the SIP-approved definition. Language 

provided for context.

72. Opacity--The degree to which an emission of air 

contaminants obstructs the transmission of light 

expressed as the percentage of light obstructed as 

measured by an optical instrument or trained 

observer.

No changes to the SIP-approved definition. Language 

provided for context.

73. Open-top vapor degreasing--A batch solvent 

cleaning process that is open to the air and that uses 

boiling solvent to create solvent vapor used to clean 

or dry parts through condensation of the hot solvent 

vapors on the colder metal parts.

No changes to the SIP-approved definition. Language 

provided for context.

74. Outdoor burning--Any fire or smoke-producing 

process that is not conducted in a combustion unit.

No changes to the SIP-approved definition. Language 

provided for context.

75. Particulate matter--Any material, except 

uncombined water, that exists as a solid or liquid in 

the atmosphere or in a gas stream at standard 

conditions.

75. Particulate matter--Any material, except 

uncombined water, that exists as a solid or liquid in 

the atmosphere or in a gas stream at standard 

conditions.
19

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

(A). Particulate matter with diameters less than 10 

micrometers (PM10) – Particulate matter with an 

aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by a 

reference method based on 40 Code of Federal 

Regulations (CFR) Part 50, Appendix J, and 

designated in accordance with 40 CFR Par 53, 

or by an equivalent method designated with that 

Part 53.

(B). Particulate matter with diameters less than 2.5 

micrometers (PM2.5) – Particulate matter with an 

aerodynamic diameter less than or equal to a

nominal 2.5 micrometers as measured by a 

reference method based on 40 CFR Part 50, 

Appendix L, and designated in accordance with 

40 CFR Part 53, or by an equivalent method 

designated with that Part 53.

These revisions are approvable. 

The new sub-definition for “PM10” is consistent with the 

definitions of “particulate matter”, “particulate matter 

emissions”, “PM10”, and “PM10 emissions” at 40 CFR 

51.100. 

The new sub-definition for “PM2.5” is consistent with the 

definitions of “particulate matter”, “particulate matter 

emissions” and the requirements for PM2.5 at 40 CFR 

Part 50.

Please see the discussion immediately following this 

table for more information about the use of the PM2.5

precursors in the state’s permitting programs.

76. Particulate matter emissions--All finely-divided 

solid or liquid material, other than uncombined 

water, emitted to the ambient air as measured by 

United States Environmental Protection Agency 

Reference Method 5, as specified at 40 Code of 

Federal Regulations (CFR) Part 60, Appendix A, 

modified to include particulate caught by an 

impinger train; by an equivalent or alternative 

method, as specified at 40 CFR Part 51; or by a test 

method specified in an approved state 

implementation plan.

76. Particulate matter emissions--All finely-divided 

solid or liquid material, other than uncombined 

water, emitted to the ambient air as measured by 

United States Environmental Protection Agency 

Reference Method 5, as specified at 40 Code of 

Federal Regulations (CFR) Part 60, Appendix A, 

modified to include particulate caught by an 

impinger train; by an equivalent or alternative 

method, as specified at 40 CFR Part 51; or by a test 

method specified in an approved state 

implementation plan.

(A). Direct PM emissions – Solid particles emitted 

directly from an air emissions source or activity, 

or gaseous emissions or liquid droplets from an 

air emissions source or activity which condense 

to form particulate matter at ambient 

temperatures. Direct 2.5 micrometers (PM2.5) 

emissions include elemental carbon, directly 

emitted organic carbon, directly emitted sulfate, 
20

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

directly emitted nitrate, and other inorganic 

particles (including but not limited to crustal 

materials, metals, and sea salt).

(B). Secondary PM emissions – Those air pollutants 

other than PM2.5 direct emissions that contribute 

to the formation of PM2.5. PM2.5 precursors 

include sulfur dioxide (SO2), NOX, volatile 

organic compounds, and ammonia.

These new definitions are approvable.

The new sub-definition for “direct PM emissions” is 

consistent with the federal definition for “direct PM2.5

emissions: at 40 CFR 51.1000. 

The new sub-definition for “secondary PM emissions” is 

consistent with the federal definition of “PM2.5

precursor” at 40 CFR 51.1000. Note that the TCEQ 

identified VOC and ammonia as precursors and has not 

presumed these to be out.

Please see the discussion immediately following this 

table for more information about the use of the PM2.5

precursors in the state’s permitting programs.

77. Petroleum refinery--Any facility engaged in 

producing gasoline, kerosene, distillate fuel oils, 

residual fuel oils, lubricants, or other products 

through distillation of crude oil, or through the 

redistillation, cracking, extraction, reforming, or 

other processing of unfinished petroleum 

derivatives.

No changes to the SIP-approved definition. Language 

provided for context.

78. PM10 - Particulate matter with an aerodynamic 

diameter less than or equal to a nominal ten 

micrometers as measured by a reference method 

based on 40 Code of Federal Regulations (CFR) 

Part 50, Appendix J, and designated in accordance 

with 40 CFR Part 53, or by an equivalent method 

designated with that Part 53.

78. PM2.5 Emissions – Finely-divided solid or liquid 

material with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers emitted to the 

ambient air as measured by an applicable reference 

method, or an equivalent or alternative method 

specified in 40 Code of Federal Regulations Part 51, 

or by a test method approved under a state 

implementation plan or under a United States 

Environmental Protection Agency delegation or 

approval. PM10 - Particulate matter with an 

aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by a 

reference method based on 40 Code of Federal 

Regulations (CFR) Part 50, Appendix J, and 

designated in accordance with 40 CFR Part 53, or 

by an equivalent method designated with that Part 

53.

The new definition for “PM2.5 Emissions” is approvable. 

The new definition is consistent with those at 40 CFR

51.100 and 51.1000.
21

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

Please see the discussion immediately following this 

table for more information about the use of the PM2.5

precursors in the state’s permitting programs.

79. PM10 emissions--Finely-divided solid or liquid 

material with an aerodynamic diameter less than or 

equal to a nominal ten micrometers emitted to the 

ambient air as measured by an applicable reference 

method, or an equivalent or alternative method 

specified in 40 Code of Federal Regulations Part 51, 

or by a test method specified in an approved state 

implementation plan.

No changes to the SIP-approved definition. Language 

provided for context.

80. Polychlorinated biphenyl compound--A 

compound subject to 40 Code of Federal 

Regulations Part 761.

No changes to the SIP-approved definition. Language 

provided for context.

81. Process or processes--Any action, operation, or 

treatment embracing chemical, commercial, 

industrial, or manufacturing factors such as 

combustion units, kilns, stills, dryers, roasters, and 

equipment used in connection therewith, and all 

other methods or forms of manufacturing or 

processing that may emit smoke, particulate matter, 

gaseous matter, or visible emissions.

No changes to the SIP-approved definition. Language 

provided for context.

82. Process weight per hour--"Process weight" is the 

total weight of all materials introduced or 

recirculated into any specific process that may cause 

any discharge of air contaminants into the 

atmosphere. Solid fuels charged into the process 

will be considered as part of the process weight, but 

liquid and gaseous fuels and combustion air will 

not. The "process weight per hour" will be derived 

by dividing the total process weight by the number 

of hours in one complete operation from the 

beginning of any given process to the completion 

thereof, excluding any time during that the 

equipment used to conduct the process is idle. For 

continuous operation, the "process weight per hour" 

will be derived by dividing the total process weight 

for a 24-hour period by 24.

No changes to the SIP-approved definition. Language 

provided for context.

83. Property--All land under common control or 

ownership coupled with all improvements on such 

land, and all fixed or movable objects on such land, 

or any vessel on the waters of this state.

No changes to the SIP-approved definition. Language 

provided for context.

84. Reasonable further progress--Annual incremental 

reductions in emissions of the applicable air 

contaminant that are sufficient to provide for 

attainment of the applicable national ambient air 

quality standard in the designated nonattainment 

areas by the date required in the state 

No changes to the SIP-approved definition. Language 

provided for context.
22

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

implementation plan.

85. Regulated entity--All regulated units, facilities, 

equipment, structures, or sources at one street 

address or location that are owned or operated by 

the same person. The term includes any property 

under common ownership or control identified in a 

permit or used in conjunction with the regulated 

activity at the same street address or location. 

Owners or operators of pipelines, gathering lines, 

and flowlines under common ownership or control 

in a particular county may be treated as a single 

regulated entity for purposes of assessment and 

regulation of emissions events.

No changes to the SIP-approved definition. Language 

provided for context.

86. Remote reservoir cold solvent cleaning--Any cold 

solvent cleaning operation in which liquid solvent is 

pumped to a sink-like work area that drains solvent 

back into an enclosed container while parts are 

being cleaned, allowing no solvent to pool in the 

work area.

No changes to the SIP-approved definition. Language 

provided for context.

87. Reportable emissions event--Any emissions event 

that in any 24-hour period, results in an 

unauthorized emission from any emissions point 

equal to or in excess of the reportable quantity as 

defined in this section.

No changes to the SIP-approved definition. Language 

provided for context.

88. Reportable quantity (RQ)--Is as follows:

(A) for individual air contaminant compounds 

and specifically listed mixtures by name or 

Chemical Abstracts Service (CAS) number, either:

(i) the lowest of the quantities:

(I) listed in 40 Code of Federal 

Regulations (CFR) Part 302, Table 302.4, the 

column "final RQ”;

(II) listed in 40 CFR Part 355, Appendix 

A, the column "Reportable Quantity"; or

(III) listed as follows:

(-a-) acetaldehyde - 1,000 pounds, 

except in the Houston-Galveston-Brazoria (HGB) 

and Beaumont-Port Arthur (BPA) ozone 

nonattainment areas as defined in paragraph (70) of 

this section, where the RQ must be 100 pounds;

(-b-) butanes (any isomer) - 5,000 

pounds;

(-c-) butenes (any isomer, except 1,3-

butadiene) - 5,000 pounds, except in the HGB and 

BPA ozone nonattainment areas as defined in 

paragraph (70) of this section, where the RQ must 

be 100 pounds;

(-d-) carbon monoxide - 5,000 pounds;

(-e-) 1-chloro-1,1-difluoroethane 

(HCFC-142b) - 5,000 pounds;

(-f-) chlorodifluoromethane (HCFC-22) 

No changes to the SIP-approved definition. Language 

provided for context.
23

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

- 5,000 pounds;

(-g-) 1-chloro-1-fluoroethane (HCFC15la) - 5,000 pounds;

(-h-) chlorofluoromethane (HCFC-31) -

5,000 pounds;

(-i-) chloropentafluoroethane (CFC115) - 5,000 pounds;

(-j-) 2-chloro-1,1,1,2-tetrafluoroethane 

(HCFC-124) - 5,000 pounds;

(-k-) 1-chloro-1,1,2,2 tetrafluoroethane 

(HCFC-124a) - 5,000 pounds;

(-l-) 1,1,1,2,3,4,4,5,5,5-

decafluoropentane (HFC 43-10mee) - 5,000 pounds;

(-m-) decanes (any isomer) - 5,000 

pounds;

(-n-) 1,1-dichloro-1-

fluoroethane(HCFC-14lb) - 5,000 pounds;

(-o-) 3,3-dichloro-1,1,2,2-

pentafluoropropane (HCFC-225ca) - 5,000 pounds;

(-p-) 1,3-dichloro-1,1,2,2,3-

pentafluoropropane (HCFC-225cb) - 5,000 pounds;

(-q-) 1,2-dichloro-1,1,2,2-

tetrafluoroethane(CFR-114) - 5,000 pounds;

(-r-) 1,1,- dichlorotetrafluoroethane 

(CFC-114a) - 5,000 pounds;

(-s-) 1,2-dichloro-l,1,2-trifluoroethane 

(HCFC-123a) - 5,000 pounds;

(-t-) 1,l-difluoroethane (HFC-152a) -

5,000 pounds;

(-u-) difluoromethane (HFC-32) - 5,000 

pounds;

(-v-) ethanol - 5,000 pounds;

(-w-) ethylene - 5,000 pounds, except in 

the HGB and BPA ozone nonattainment areas as 

defined in paragraph (70) of this section, where the 

RQ must be 100 pounds;

(-x-) ethylfluoride (HFC-161) - 5,000 

pounds;

(-y-) 1,1,1,2,3,3,3-

heptafluoropropane(HFC-227ea) - 5,000 pounds;

(-z-) 1,1,1,3,3,3-hexafluoropropane 

(HFC-236fa) - 5,000 pounds;

(-aa-) 1,1,1,2,3,3-hexafluoropropane

(HFC-236ea) - 5,000 pounds;

(-bb-) hexanes (any isomer) - 5,000 

pounds;

(-cc-) isopropyl alcohol - 5,000 pounds;

(-dd-) mineral spirits - 5,000 pounds;

(-ee-) octanes (any isomer) - 5,000 

pounds;

(-ff-) oxides of nitrogen - 200 pounds in 

ozone nonattainment, ozone maintenance, early 
24

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

action compact areas, Nueces County, and San 

Patricio County, and 5,000 pounds in all other areas 

of the state, which should be used instead of the 

RQs for nitrogen oxide and nitrogen dioxide 

provided in 40 CFR Part 302, Table 302.4, the 

column "final RQ";

(-gg-) pentachlorofluoroethane (CFR111) - 5,000 pounds;

(-hh-) 1,1,1,3,3-pentafluorobutane 

(HFC-365mfc) - 5,000 pounds;

(-ii-) pentafluoroethane (HFC-125) -

5,000 pounds;

(-jj-) 1,1,2,2,3-pentafluoropropane 

(HFC-245ca) - 5,000 pounds;

(-kk-) 1,1,2,3,3-pentafluoropropane 

(HFC-245ea) - 5,000 pounds;

(-ll-) 1,1,1,2,3-pentafluoropropane 

(HFC-245eb) - 5,000 pounds;

(-mm-) 1,1,1,3,3-pentafluoropropane 

(HFC-245fa) - 5,000 pounds;

(-nn-) pentanes (any isomer) - 5,000 

pounds;

(-oo-) propane - 5,000 pounds;

(-pp-) propylene - 5,000 pounds, except 

in the HGB and BPA ozone nonattainment areas as 

defined in paragraph (70) of this section, where the 

RQ must be 100 pounds;

(-qq-) 1,1,2,2-terachlorodifluoroethane 

(CFR-112) - 5,000 pounds;

(-rr-) 1,1,1,2-tetrachlorodifluoroethane 

(CFC-112a) - 5,000 pounds;

(-ss-) 1,1,2,2-tetrafluoroethane (HFC134) - 5,000 pounds;

(-tt-) 1,1,1,2-tetrafluoroethane (HFC134a) - 5,000 pounds;

(-uu-) 1,1,2-trichloro-1,2,2-

trifluoroethane (CFR-113) - 5,000 pounds;

(-vv-) 1,1,1-trichloro-2,2,2-

trifluoroethane (CFC-113a) - 5,000 pounds;

(-ww-) 1,1,1-trifluoro-2,2-

dichloroethane (HCFC-123) - 5,000 pounds;

(-xx-) 1,1,1-trifluoroethane (HFC-143a) 

- 5,000 pounds;

(-yy-) trifluoromethane (HFC-23) -

5,000 pounds; or

(-zz-) toluene - 1,000 pounds, except in 

the HGB and BPA ozone nonattainment areas as 

defined in paragraph (70) of this section, where the 

RQ must be 100 pounds;

(ii) if not listed in clause (i) of this 

subparagraph, 100 pounds;

(B) for mixtures of air contaminant 
25

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

compounds:

(i) where the relative amount of individual 

air contaminant compounds is known through 

common process knowledge or prior engineering 

analysis or testing, any amount of an individual air 

contaminant compound that equals or exceeds the 

amount specified in subparagraph (A) of this 

paragraph;

(ii) where the relative amount of individual 

air contaminant compounds in subparagraph (A)(i) 

of this paragraph is not known, any amount of the 

mixture that equals or exceeds the amount for any 

single air contaminant compound that is present in 

the mixture and listed in subparagraph (A)(i) of this 

paragraph;

(iii) where each of the individual air 

contaminant compounds listed in subparagraph 

(A)(i) of this paragraph are known to be less than 

0.02% by weight of the mixture, and each of the 

other individual air contaminant compounds 

covered by subparagraph (A)(ii) of this paragraph 

are known to be less than 2.0% by weight of the 

mixture, any total amount of the mixture of air 

contaminant compounds greater than or equal to 

5,000 pounds; or

(iv) where natural gas excluding carbon 

dioxide, water, nitrogen, methane, ethane, noble 

gases, hydrogen, and oxygen or air emissions from 

crude oil are known to be in an amount greater than 

or equal to 5,000 pounds or the associated hydrogen 

sulfide and mercaptans in a total amount greater 

than 100 pounds, whichever occurs first;

(C) for opacity from boilers and combustion 

turbines as defined in this section fueled by natural 

gas, coal, lignite, wood, fuel oil containing 

hazardous air pollutants at a concentration of less 

than 0.02% by weight, opacity that is equal to or 

exceeds 15 additional percentage points above the 

applicable limit, averaged over a six-minute period. 

Opacity is the only RQ applicable to boilers and 

combustion turbines described in this paragraph; or

(D) for facilities where air contaminant 

compounds are measured directly by a continuous 

emission monitoring system providing updated 

readings at a minimum 15-minute interval an 

amount, approved by the executive director based 

on any relevant conditions and a screening model, 

that would be reported prior to ground level 

concentrations reaching at any distance beyond the 

closest regulated entity property line:

(i) less than one-half of any applicable 

ambient air standards; and
26

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

(ii) less than two times the concentration of 

applicable air emission limitations.

89. Rubbish--Nonputrescible solid waste, consisting of 

both combustible and noncombustible waste 

materials. Combustible rubbish includes paper, rags, 

cartons, wood, excelsior, furniture, rubber, plastics, 

yard trimmings, leaves, and similar materials. 

Noncombustible rubbish includes glass, crockery, 

tin cans, aluminum cans, metal furniture, and like 

materials that will not bum at ordinary incinerator 

temperatures (1,600 degrees Fahrenheit to 1,800 

degrees Fahrenheit).

No changes to the SIP-approved definition. Language 

provided for context.

90. Scheduled maintenance, startup, or shutdown 

activity--For activities with unauthorized emissions 

that are expected to exceed a reportable quantity 

(RQ), a scheduled maintenance, startup, or 

shutdown activity is an activity that the owner or 

operator of the regulated entity whether performing 

or otherwise affected by the activity, provides prior 

notice and a final report as required by §101.211 of 

this title (relating to Scheduled Maintenance, 

Startup, and Shutdown Reporting and 

Recordkeeping Requirements); the notice or final 

report includes the information required in §101.211 

of this title; and the actual unauthorized emissions 

from the activity do not exceed the emissions 

estimates submitted in the initial notification by 

more than an RQ. For activities with unauthorized 

emissions that are not expected to, and do not, 

exceed an RQ, a scheduled maintenance, startup, or 

shutdown activity is one that is recorded as required 

by §101.211 of this title. Expected excess opacity 

events as described in §101.201(e) of this title 

(relating to Emissions Event Reporting and 

Recordkeeping Requirements) resulting from 

scheduled maintenance, startup, or shutdown 

activities are those that provide prior notice (if 

required), and are recorded and reported as required 

by §101.211 of this title.

No changes to the SIP-approved definition. Language 

provided for context.

91. Sludge--Any solid or semi-solid, or liquid waste 

generated from a municipal, commercial, or 

industrial wastewater treatment plant; water supply 

treatment plant, exclusive of the treated effluent 

from a wastewater treatment plant; or air pollution 

control equipment.

No changes to the SIP-approved definition. Language 

provided for context.

92. Smoke--Small gas-born particles resulting from 

incomplete combustion consisting predominately of 

carbon and other combustible material and present 

in sufficient quantity to be visible.

No changes to the SIP-approved definition. Language 

provided for context.

93. Solid waste--Garbage, rubbish, refuse, sludge from 

a waste water treatment plant, water supply 

No changes to the SIP-approved definition. Language 

provided for context.
27

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

treatment plant, or air pollution control equipment, 

and other discarded material, including solid, liquid, 

semisolid, or containerized gaseous material 

resulting from industrial, municipal, commercial, 

mining, and agricultural operations and from 

community and institutional activities. The term 

does not include:

(A) solid or dissolved material in domestic 

sewage, or solid or dissolved material in irrigation 

return flows, or industrial discharges subject to 

regulation by permit issued under the Texas Water 

Code, Chapter 26;

(B) soil, dirt, rock, sand, and other natural or 

man-made inert solid materials used to fill land, if 

the object of the fill is to make the land suitable for 

the construction of surface improvements; or

(C) waste materials that result from activities 

associated with the exploration, development, or 

production of oil or gas, or geothermal resources, 

and other substance or material regulated by the 

Railroad Commission of Texas under Natural 

Resources Code, §91.101, unless the waste, 

substance, or material results from activities 

associated with gasoline plants, natural gas liquids 

processing plants, pressure maintenance plants, or 

repressurizing plants and is hazardous waste as 

defined by the administrator of the United States 

Environmental Protection Agency under the federal 

Solid Waste Disposal Act, as amended by Resource 

Conservation and Recovery Act, as amended (42 

United States Code, §§6901 et seq.).

94. Sour crude--A crude oil that will emit a sour gas 

when in equilibrium at atmospheric pressure.

No changes to the SIP-approved definition. Language 

provided for context.

95. Sour gas--Any natural gas containing more than 1.5 

grains of hydrogen sulfide per 100 cubic feet, or 

more than 30 grains of total sulfur per 100 cubic 

feet.

No changes to the SIP-approved definition. Language 

provided for context.

96. Source--A point of origin of air contaminants, 

whether privately or publicly owned or operated. 

Upon request of a source owner, the executive 

director shall determine whether multiple processes 

emitting air contaminants from a single point of 

emission will be treated as a single source or as 

multiple sources.

No changes to the SIP-approved definition. Language 

provided for context.

97. Special waste from health care-related facilities--

A solid waste that if improperly treated or handled,

may serve to transmit infectious disease(s) and that 

is comprised of the following: animal waste, bulk 

blood and blood products, microbiological waste, 

pathological waste, and sharps.

No changes to the SIP-approved definition. Language 

provided for context.

98. Standard conditions--A condition at a temperature 

of 68 degrees Fahrenheit (20 degrees Centigrade) 

No changes to the SIP-approved definition. Language 

provided for context.
28

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

and a pressure of 14.7 pounds per square inch 

absolute (101.3 kiloPascals). 

99. Standard metropolitan statistical area--An area 

consisting of a county or one or more contiguous 

counties that is officially so designated by the 

United States Bureau of the Budget.

No changes to the SIP-approved definition. Language 

provided for context.

100.Submerged fill pipe--A fill pipe that extends from 

the top of a tank to have a maximum clearance of 

six inches (15.2 centimeters) from the bottom or, 

when applied to a tank that is loaded from the side, 

that has a discharge opening entirely submerged 

when the pipe used to withdraw liquid from the 

tank can no longer withdraw liquid in normal 

operation.

No changes to the SIP-approved definition. Language 

provided for context.

101.Sulfur compounds--All inorganic or organic 

chemicals having an atom or atoms of sulfur in their 

chemical structure.

No changes to the SIP-approved definition. Language 

provided for context.

102.Sulfuric acid mist/sulfuric acid--Emissions of 

sulfuric acid mist and sulfuric acid are considered to 

be the same air contaminant calculated as H2S04 

and must include sulfuric acid liquid mist, sulfur 

trioxide, and sulfuric acid vapor as measured by 

Test Method 8 in 40 Code of Federal Regulations 

Part 60, Appendix A.

No changes to the SIP-approved definition. Language 

provided for context.

103.Sweet crude oil and gas--Those crude petroleum 

hydrocarbons that are not "sour" as defined in this 

section.

No changes to the SIP-approved definition. Language 

provided for context.

104.Total suspended particulate--Particulate matter as 

measured by the method described in 40 Code of 

Federal Regulations Part 50, Appendix B.

No changes to the SIP-approved definition. Language 

provided for context.

105.Transfer efficiency--The amount of coating solids 

deposited onto the surface or a part of product 

divided by the total amount of coating solids 

delivered to the coating application system.

No changes to the SIP-approved definition. Language 

provided for context.

106.True vapor pressure--The absolute aggregate 

partial vapor pressure, measured in pounds per 

square inch absolute, of all volatile organic 

compounds at the temperature of storage, handling, 

or processing.

No changes to the SIP-approved definition. Language 

provided for context.

107.Unauthorized emissions--Emissions of any air 

contaminant except carbon dioxide, water, nitrogen, 

methane, ethane, noble gases, hydrogen, and oxygen 

that exceed any air emission limitation in a permit, 

rule, or order of the commission or as authorized by 

Texas Clean Air Act, §382.0518(g).

No changes to the SIP-approved definition. Language 

provided for context.

108.Unplanned maintenance, startup, or shutdown 

activity--For activities with unauthorized emissions 

that are expected to exceed a reportable quantity or 

No changes to the version EPA has proposed for SIPapproval.
29

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

with excess opacity, an unplanned maintenance, 

startup, or shutdown activity is:

(A) a startup or shutdown that was not part of 

normal or routine facility operations, is 

unpredictable as to timing, and is not the type of 

event normally authorized by permit; or

(B) a maintenance activity that arises from 

sudden and unforeseeable events beyond the control 

of the operator that requires the immediate 

corrective action to minimize or avoid an upset or 

malfunction.

109.Upset event--an unplanned and unavoidable 

breakdown or excursion of a process or operation 

that results in unauthorized emissions. A 

maintenance, startup, or shutdown activity that was 

reported under §101.211 of this title (relating to 

Scheduled Maintenance, Startup, and Shutdown 

Reporting and Recordkeeping Requirements), but 

had emissions that exceeded the reported amount by 

more than a reportable quantity due to an unplanned 

and unavoidable breakdown or excursion of a 

process or operation is an upset event.

No changes to the SIP-approved definition. Language 

provided for context.

110.Utility boiler--A boiler used to produce electric 

power, steam, or heated or cooled air, or other gases 

or fluids for sale.

No changes to the SIP-approved definition. Language 

provided for context.

111.Vapor combustor--A partially enclosed 

combustion device used to destroy volatile organic 

compounds by smokeless combustion without 

extracting energy in the form of process heat or 

steam. The combustion flame may be partially 

visible, but at no time does the device operate with 

an uncontrolled flame. Auxiliary fuel and/or a flame 

air control damping system that can operate at all 

times to control the air/fuel mixture to the 

combustor's flame zone, may be required to ensure 

smokeless combustion during operation.

No changes to the SIP-approved definition. Language 

provided for context.

112.Vapor-mounted seal--A primary seal mounted so 

there is an annular space underneath the seal. The 

annular vapor space is bounded by the bottom of the 

primary seal, the tank wall, the liquid surface, and 

the floating roof or cover.

No changes to the SIP-approved definition. Language 

provided for context.

113.Vent--Any duct, stack, chimney, flue, conduit, or 

other device used to conduct air contaminants into 

the atmosphere.

No changes to the SIP-approved definition. Language 

provided for context.

114.Visible emissions--Particulate or gaseous matter 

that can be detected by the human eye. The radiant 

energy from an open flame is not considered to be a 

visible emission under this definition.

No changes to the SIP-approved definition. Language 

provided for context.

115.Volatile organic compound--As defined in 40 

Code of Federal Regulations §S1.100(s), except 

§51.100(s)(2) - (4), as amended on January 21, 2009 

No changes to the SIP-approved definition. Language 

provided for context.
30

30 TAC Section 101.1 – Definitions

SIP-Approved January 2, 2014.

As submitted by TCEQ on March 11, 2011.

30 TAC 101.1 - Definitions

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

(74 FR 3441).

116.Volatile organic compound (VOC) water 

separator--Any tank, box, sump, or other container 

in which any VOC, floating on or contained in 

water entering such tank, box, sump, or other 

container, is physically separated and removed from 

such water prior to outfall, drainage, or recovery of 

such water.

No changes to the SIP-approved definition. Language 

provided for context.

Analysis of the May 19, 2011, Revisions and Texas PSD Permitting Program 

EPA issued PSD and Nonattainment (NNSR) NSR SIP regulations for the 1997 and 2006 PM2.5

NAAQS in two rulemakings: 1) the NSR PM2.5 Implementation Rule promulgated on May 16, 

2008 and 2) the PM2.5 PSD Increments –SILs – SMC Rule promulgated on October 20, 2010. 

TCEQ specifically underwent rulemaking as required by state law to ensure the Texas PSD NSR 

SIP upon final state action addresses the federal PSD NSR SIP requirements concerning the 1997 

and 2006 PM2.5 NAAQS e.g., precursors, condensables, and increment.1

 The State’s 

rulemaking is also consistent with the PM2.5 PSD regulations as revised by EPA on December 9, 

2013 to address the D.C. Circuit’s decision in Sierra Club v. EPA, as discussed later. Because the 

TCEQ’s intent in the state’s rule adoption is clear that the PSD NSR SIP is intended to address 

the precursors and condensables as per EPA’s 2008 and 2010 PM2.5 PSD NSR SIP Rules, it is 

recommended that EPA propose that the existing Texas PSD permitting program is structured 

and updated to address all PSD NSR SIP rules for the PM2.5 NAAQS current as of December 9, 

2013. Further state rulemaking would be needed if EPA promulgated new permitting 

components, e.g., if EPA adopted rulemaking adding a new precursor, not contemplated in any 

prior federal rulemaking. Following is our evaluation of how the Texas PSD NSR SIP program 

addresses the implementation requirements for the 1997 and 2006 PM2.5 NAAQS.

1. The NSR PM2.5 Implementation Rule 

a. What are the requirements of the NSR PM2.5 Implementation Rule for PSD SIP 

Programs?

As a result of EPA’s final NSR PM2.5 Implementation Rule, states were required to submit 

applicable SIP revisions to EPA no later than May 16, 2011, to address this Rule’s PSD and 

NNSR SIP requirements. With respect to PSD permitting, the SIP revision submittals are 

required to meet the following PSD NSR SIP requirements to implement the PM2.5 NAAQS: 

(1) require PSD permits to address directly emitted PM2.5 and precursor pollutants that 

 1 See, e.g., “The specific intent of the proposed rulemaking is . . . for implementation of PM2.5 NSR (emphasis 

added) regulations. The preamble to this rulemaking clarifies how precursors and condensable emissions are 

addressed.” 35 TexReg. 10147 (November 19, 2010) (preamble to Texas’s proposed rule adoption addressing 

federal requirements for the implementation of the PM2.5 NAAQS NSR Program; finalized 36 TexReg 2841, May 6, 

2011)
31

contribute to the secondary formation of PM2.5; 

(2) establish significant emission rates for direct PM2.5 and precursor pollutants (including 

sulfur dioxide (SO2) and nitrogen oxides (NOX)); and 

(3) account for gases that condense to form particles (condensables) in PM2.5 and PM10

applicability determinations and emission limits in PSD permits. 

b. How does the Texas PSD program address the requirements of the NSR PM2.5

Implementation Rule?

The May 19, 2011, Texas SIP submittal includes revisions of the General Definitions in the 

Texas SIP. Additionally, as required by state law, the TCEQ, by its rulemaking, updated the PSD 

NSR SIP to be consistent with the federal 1997 and 2006 PM2.5 NAAQS PSD NSR SIP 

requirements. This rulemaking is also consistent with the PM2.5 PSD regulations as revised by 

EPA on December 9, 2013 to address the D.C. Circuit’s decision in Sierra Club v. EPA, as 

discussed in further detail later in this notice. Furthermore, the record demonstrates the intent of 

the TCEQ for the Texas PSD rules to regulate SO2 and NOX as precursors of PM2.5 and account 

for condensable PM2.5 emissions. Based on the analysis presented below, in conjunction with the 

TCEQ’s intent as reflected in the rule adoption, it is recommend that EPA propose to find that 

the Texas PSD NSR SIP includes all of the PSD NSR SIP requirements of the 2008 final NSR 

PM2.5 Implementation Rule for the following reasons.

(1) The Texas SIP at 30 TAC Section 116.12 contains definitions specific to NSR, including 

PSD, and is inclusive of both emissions from direct PM2.5 and PM2.5 precursors when 

applying these definitions to the Texas PSD program. The application of these definitions 

with respect to PSD major stationary sources and PSD major modifications will be 

discussed separately below.

a. For purposes of PSD permitting, a major stationary source is defined in the Texas 

SIP at 30 TAC Section 116.12(17) as a source that emits, or has the potential to 

emit a federally regulated new source review pollutant at levels greater than those 

identified in 40 CFR 51.166(b)(1). The SIP-approved definition for federally 

regulated new source review pollutant at 30 TAC Section 116.12(14) states, in 

part, that it includes “any pollutant for which a national ambient air quality 

standard has been promulgated and any constituents or precursors for such 

pollutants identified by the United State Environmental Protection Agency.” In 

conjunction with the state law requirement for a rulemaking action and the 

TCEQ’s Texas Register preamble language for that rulemaking, this SIPapproved definition of “federally regulated new source review pollutant” is 

inclusive of the PSD PM2.5 precursors SO2 and NOX identified by EPA. This is 

supported by TCEQ’s explicit clarification in its preamble to the rule adoption as 

to which precursors are identified by EPA and the applicability of the PSD 

program requirements to such precursors: “If a new major source will emit, or has 

the potential to emit, a significant amount of a regulated NSR pollutant in an 

attainment area for that pollutant, the source must apply BACT for each emissions 

unit that emits the pollutant. In addition, if a physical change or operational 

change at an existing major source will result in a significant emissions increase 

and significant net emissions increase of a regulated NSR pollutant, the source 

must apply BACT to each proposed emissions unit experiencing a net increase in 
32

emissions of that pollutant as a result of the physical or operational change in the 

unit. Under the PM2.5 PSD program, these requirements will apply to direct 

PM2.5emissions; SO2 emissions; NOX emissions, unless states demonstrate that 

NOx is not a significant contributor to ambient PM2.5 concentrations in that area; 

and to VOC if identified by a state as a precursor in the PM2.5 attainment area 

where the source is located.” (36 TexReg 2841, 2842 (May 6, 2011)). 

It is recommended that EPA propose to find that, as clarified by the TCEQ rule 

adoption preamble, the Texas SIP’s definition of federally regulated NSR 

pollutant is inclusive of the PM2.5 precursors SO2 and NOX. Additionally, per the 

Texas PSD NSR SIP, when determining applicability of the definition of major 

source for purposes of the PSD program, direct emissions of PM2.5 and its 

precursors must be taken into account. 

b. The Texas SIP defines a major modification at 30 TAC Section 116.12(18) as 

“any physical change in, or change in the method of operation of a major 

stationary source that causes a significant project emissions increase and a 

significant net emissions increase for any federally regulated new source review 

pollutant.” The definition of major modification goes on to define the significance 

thresholds by incorporating the federal significance emission rates at 40 CFR 

51.166(b)(1) and (23). The significance thresholds at 40 CFR 51.166(b)(23) are 

inclusive of SO2 and NOX as PM2.5 precursors, and therefore emissions from 

PM2.5 precursors are applicable to the determination of whether a source is a 

major modification.2 The Texas SIP therefore requires evaluation of direct PM2.5

and PM2.5 precursors as required by EPA’s NSR PM2.5 Implementation rule when

determining the applicability of the definition of major modification. This is 

further supported by the definition’s reference to “federally regulated new source 

review pollutant.” As explained in the previous subsection of this proposed rule 

(III.B.1.b(1)), the Texas SIP definition of federally regulated new source review 

pollutant in conjunction with TCEQ’s rule preamble is inclusive of PM2.5

precursors. EPA should propose to find the TCEQ SIP’s definition of major 

modification is inclusive of PM2.5 precursors.

(2) The SIP-approved Texas PSD program at 30 TAC Section 116.160(a) requires new major 

sources and major modifications to comply with the Texas PSD permitting requirements 

at 30 TAC Sections 116.160(c)(1) – (4). As discussed in the analysis above at III.B.1.b(1) 

and (2), major sources and major modifications are defined by exceedances of certain 

levels of emissions, or potential emissions, of federally regulated new source review 

pollutants which also include direct emissions of PM2.5 and PSD precursors of PM2.5, 

SO2 and NOX. EPA proposes to find, based upon the existing PSD NSR SIP rules at 30 

TAC Sections 116.12 and 116.160 – 116.163, and the state’s rulemaking record, the 

 2 EPA notes that because the Texas PSD SIP definition of major modification references the significant emission 

rates for direct PM2.5 and its precursors (SO2 and NOX) as established at 40 CFR 51.166(b)(23), the Texas SIP does 

not currently regulate VOCs as precursors of PM2.5 for PSD permitting as allowed by 40 CFR 

51.166(b)(49)(i)(b)(4). In order for the Texas SIP to require PSD permitting for VOCs as PM2.5 precursors, the 

TCEQ would need to adopt and submit a separate SIP revision providing the State’s demonstration that emissions of 

VOCs from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations. See 

73 FR 28321, at 28333.
33

Texas PSD program now requires the PSD permitting of the identified PM2.5 PSD 

precursors SO2 and NOX for new major stationary sources and major modifications 

consistent with the 1997 and 2006 PM2.5 NAAQS.

(3) The May 19, 2011, SIP submission added a new definition of “PM2.5 emissions” in the 

General Definitions section at 30 TAC Section 101.1(76). This new definition defines 

such emissions, in part, as "finely-divided solid or liquid material with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as 

measured by an applicable reference method, or an equivalent or alternative method 

specified in 40 Code of Federal Regulations Part 51.” The definition of “PM2.5

emissions” as adopted in 30 TAC Section 101.1(76) therefore includes accounting of 

condensable PM2.5 emissions as required by the NSR PM2.5 Implementation Rule by the 

definition’s requirement to use the applicable reference methods in 40 CFR Part 51 that 

measure such emissions. As noted by TCEQ in the preamble of the adoption of this rule, 

“EPA assessed the capabilities of test methods available for measuring condensable 

emissions, publishing a final rule for methods of measuring filterable PM10 and PM2.5 and 

measuring condensable PM emissions on December 21, 2010. The final rule promulgates 

amendments to Methods 201A and 202. The final amendments to Method 201A add a 

particulate-sizing device to allow for sampling of particulate matter with mean 

aerodynamic diameters less than or equal to PM2.5. The final amendments to Method 202 

revise the sample collection and recovery procedures of the method to reduce the 

formation of reaction artifacts that could lead to inaccurate measurements of condensable 

particulate matter. Additionally, the final amendments to Method 202 eliminate most of 

the hardware and analytical options in the existing method, thereby increasing the 

precision of the method and improving the consistency in the measurements obtained 

between source tests performed under different regulatory authorities. This final rule 

became effective on January 1, 2011.” See 36 TexReg 2841, 2842 (May 6, 2011). 

It is recommended that EPA propose to find that the submitted text from the Texas 

Register cited above indicates that federal reference Methods 201A and 202, in 40 CFR 

Part 51, Appendix M will be used by TCEQ in the determination of condensable 

particulate emissions from stationary sources. Such condensable emissions as measured 

by Method 201A and Method 202 would therefore be considered as PM2.5 emissions 

under the Texas SIP. As the definitions in 30 TAC Section 101.1 establish the meaning 

and applicability of terms used within the entirety of the Texas SIP, EPA should propose 

that this definition of PM2.5 emissions, which includes regulation of condensables and as 

supported by the Texas rulemaking record, is applicable to the Texas PSD NSR SIP. 

Furthermore, the Texas SIP at 30 TAC Section 116.12(14) defines a federally regulated 

new source review pollutant to include “any pollutant for which a national ambient air 

quality standard has been promulgated and any constituents or precursors for such 

pollutants identified by the United State Environmental Protection Agency”. Because of 

the state’s rulemaking record, this definition is sufficient to encompass PSD permitting 

for condensables in PM2.5 emission limits as a constituent of PM2.5. EPA should therefore 

propose to find the Texas PSD NSR SIP now adequately accounts for regulation of 

condensable PM2.5 emissions as required by the 2008 PM2.5 NSR rule. 

c. Litigation regarding the May 16, 2008 PM2.5 NSR Implementation Rule
34

On January 4, 2013,the U.S. Court of Appeals, in Natural Resources Defense Council v. EPA, 

706 F.3d 428 (D.C. Cir.), issued a judgment that remanded the EPA’s 2007 and 2008 rules 

implementing the 1997 PM2.5 NAAQS. The Court ordered the EPA to “repromulgate these rules 

pursuant to Subpart 4 consistent with this opinion.” Id. at 437. Subpart 4 of Part D, Title 1 of the 

CAA establishes additional provisions for particulate matter nonattainment areas. 

The 2008 implementation rule addressed by the court decision, the PM2.5 NSR Implementation 

Rule described above, promulgated New Source Review (NSR) requirements for implementation 

of PM2.5 in both nonattainment areas (NNSR) and attainment/unclassifiable areas (PSD). 

Because the requirements of Subpart 4 only pertain to nonattainment areas, the EPA does not 

consider the portions of the 2008 rule that address requirements for PM2.5 in attainment and 

unclassifiable areas to be affected by the Court’s opinion. Moreover, the EPA does not anticipate 

the need to revise any PSD requirements promulgated in the 2008 NSR PM2.5 Rule in order to 

comply with the Court’s decision. Accordingly, the EPA’s proposed approval of Texas’s SIP 

revisions with respect to the PSD requirements promulgated by the 2008 NSR PM2.5 Rule does

not conflict with the Court’s opinion.

The Court’s decision with respect to the NNSR requirements promulgated by the 2008 NSR 

PM2.5 Rule also does not affect the EPA’s action on the present proposed approval, as this 

proposed approval does not address any of the PM2.5 nonattainment NSR requirements. 

2. The PM2.5 PSD Increment – SILs – SMC Rule

a. What are the requirements of the PM2.5 PSD Increment – SILs – SMC Rule for PSD SIP 

Programs?

EPA finalized the PM2.5 PSD Increment – SILs – SMC Rule to provide additional regulatory 

requirements under the PSD SIP program regarding the implementation of the PM2.5 NAAQS. 

See 75 FR 64864. As a result, the PM2.5 PSD Increment – SILs – SMC Rule required states to 

submit SIP revisions to EPA by July 20, 2012, that had adopted the required PSD increments and 

associated implementing regulations. Specifically, EPA’s rule requires a state’s submitted PSD 

SIP revision to adopt and submit for EPA approval the PM2.5 increments pursuant to section 

166(a) of the CAA to prevent significant deterioration of air quality in areas meeting the 

NAAQS. States were also required to adopt and submit for EPA approval revisions to the 

definitions for major source baseline date, minor source baseline date, and baseline area – the 

implementing regulations for the PM2.5 increment. States could also discretionarily choose to 

adopt and submit for EPA approval SILs used as a screening tool (by a major source subject to 

PSD) to evaluate the impact a proposed major source or modification may have on the NAAQS 

or PSD increment, and an SMC (also a screening tool) used by a major source subject to PSD to 

determine the subsequent level of data gathering required for a PSD permit application for 

emissions of PM2.5. More detail on the PM2.5 PSD Increment – SILs – SMC Rule can be found in 

EPA’s October 20, 2010 final rule. See 75 FR 64864. 

b. How does the May 19, 2011, Texas SIP submittal satisfy the Required Increment 

Component of the PM2.5 Increment – SILs – SMC Rule?
35

With respect to the required increment component of the PM2.5 Increment – SILs – SMC Rule, 

the TCEQ as required underwent a rulemaking process, adopted on April 20, 2011, and 

submitted on May 19, 2011, a SIP submission. As the record reflects, this rulemaking was 

intended to address, in part, the federal regulations promulgated by EPA’s PM2.5 Increment –

SILs – SMC Rule. By undergoing this rulemaking, the TCEQ effectuated regulation of the 

required PM2.5 increment component of Texas PSD permitting. The Texas PSD NSR SIP 

requirements at 30 TAC Section 116.160(c)(1)-(4) must be met by sources meeting the 

definitions of major source and major modification at 30 TAC Sections 116.12(17) and 

116.12(18), respectively. The Texas PSD NSR SIP at 30 TAC Section 116.160(c)(2)(A) 

currently incorporates the federal requirements for PSD increments and the associated 

implementing requirements found at 40 CFR 52.21(b)(14), (b)(15) and (c). Once the TCEQ 

underwent rulemaking intended to address the EPA’s 2010 PM2.5 PSD SIP regulations, the 

existing Texas SIP rule at 30 TAC Section 116.160(c)(2)(A), which incorporates the federal 

requirements for PSD increments found at 40 CFR 52.21(c) and the implementing regulations for 

major source baseline date and minor source baseline date at 40 CFR 52.21(b)(14) and the 

definition for baseline area at 40 CFR 52.21(b)(15), is then, under state law, inclusive of the 

PM2.5 PSD increment in the federal regulations. It is recommended that EPA propose to find that 

the Texas PSD NSR SIP now includes the PM2.5 increments and associated implementing 

regulations, and these increments and regulations are applicable to sources and modifications 

that are major for PM2.5 and its precursors. EPA should propose to find that no further revisions 

to the Texas PSD NSR SIP are necessary to implement the federal PM2.5 increment requirements 

in Texas.

c. How does the May 19, 2011, Texas SIP submittal satisfy the Optional SILs and SMC 

Components of the PM2.5 Increment – SILs – SMC Rule?

As a preliminary note, there was litigation regarding the 2010 PM2.5 Increment – SILs – SMC 

Rule. The Texas PSD SIP by virtue of the May 19, 2011, SIP submittal is affected by that 

litigation and EPA’s subsequent rulemaking to address the outcome of that litigation with respect 

to how the Texas PSD SIP addresses the optional SILs and SMC components of EPA’s 2010 

Rule. 

On December 17, 2010, the Sierra Club petitioned the United States Court of Appeals for the 

District of Columbia to review the 2010 PM2.5 PSD Increment – SILs – SMC Rule. On January 

22, 2013, the Court granted a request from the EPA to vacate and remand to the EPA portions of 

the PSD regulations (40 CFR 51.166(k)(2) and 52.21(k)(2)) establishing the SILs for PM2.5 so 

that the EPA could reconcile the inconsistency between the regulatory text and certain statements 

in the preamble to the 2010 final rule. Sierra Club v. EPA, 705 F.3d 458, 463-64 (D.C. Cir. 

2013). The Court further vacated the portions of the PSD regulations (40 CFR 51.166(i)(5)(i)(c) 

and 52.21(i)(5)(i)(c)) establishing a PM2.5 SMC, finding that the EPA lacked legal authority to 

adopt and use the PM2.5 SMC to exempt permit applicants from the statutory requirement to 

compile and submit ambient monitoring data. Id. at 468-69. In response to the court’s opinion 

and vacatur, EPA issued a good cause final rule on December 9, 2013, removing the affected 

SILs and SMC provisions from the CFR. See 78 FR 73698.

With respect to the optional SILs component of the PM2.5 Increment – SILs – SMC Rule, the 

May 19, 2011, SIP submittal included a revised definition of “de minimis impact” at 30 TAC 
36

Section 101.1(25) to reference the SILs table at 40 CFR 51.165(b)(2), including the SILs for 

PM2.5. The Texas PSD NSR SIP program at 30 TAC Section 116.161 identifies the required 

demonstrations for PSD applicability and the SIP-approved PSD program’s interaction with the 

30 TAC Section 101.1(25) “de minimis impact” revised definition. 30 TAC Section 116.161 

states “[t]he commission may not issue a permit to any new major stationary source or major 

modification located in an area designated as attainment or unclassifiable for any NAAQS under 

FCAA, §107 if ambient air impacts from the proposed source would cause or contribute to a 

violation of any NAAQS. In order to obtain a permit, the source must reduce the impact of its 

emissions upon air quality by obtaining sufficient emission reductions to eliminate the predicted 

exceedances of the NAAQS. A major source or major modification will be considered to cause 

or contribute to a violation of a NAAQS when the emissions from such source or modification, 

would at a minimum, exceed the de minimis impact levels specified in § 101.1 of this title 

(relating to Definitions) at any locality that is designated as nonattainment or is predicted to be 

nonattainment for the applicable standard.” [emphasis added]

This definition includes the requirement that a permit for a new or modified source may not be 

issued if the source’s emissions will cause or contribute to the violation of a NAAQS. Such 

source must reduce the impact of its emissions in order to obtain a permit. The relevant sentence 

to our analysis of the definition of “de minimis impact” is the one that defines when a source 

causes or contributes to a NAAQS violation and states that it does so, “at a minimum” when the 

impact exceeds the de minimis impact levels.

EPA is proposing to find the SIP rule at 30 TAC Section 116.161 and its cross-reference to the 

revised definition of “de minimis impact” to be consistent with EPA’s interpretation of the SILs 

established at 40 CFR 51.165(b)(2). The Court in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 

2013) acknowledged that 40 CFR 51.165(b)(2) does not restrict a permitting authority’s 

discretion to require a more comprehensive showing that the source does not cause or contribute 

to a NAAQS violation even where the impact is below the SIL. Id. at 465. By extension, EPA 

finds that the revised definition of “de minimis impact” at 30 TAC Section 101.1(25), as 

submitted for approval into the Texas SIP, would also not restrict the TCEQ’s discretion to 

require a more comprehensive analysis as described above. Therefore, it is recommend that EPA 

propose to find the May 19, 2011, submitted revisions to the definition of “de minimis impact” at 

30 TAC Section 101.1(25), in combination with the Texas PSD SIP program, are approvable. 

Furthermore, with respect to both the optional SILs and SMC components of the PM2.5

Increment – SILs – SMC Rule, as previously discussed, the court in Sierra Club v. EPA vacated 

certain portions of the federal PSD regulations addressing SILs and SMC. On December 9, 2013, 

EPA issued a good cause final rule removing the affected provisions from the CFR. See 78 FR 

73698. As explained throughout this notice, the TCEQ effectuated regulation of emissions of 

PM2.5 through its adoption of revisions to the Texas PSD NSR SIP on April 20, 2011, thereby 

updating the existing Texas SIP to be consistent with the federal PM2.5 PSD NSR SIP 

requirements in the PM2.5 NSR Rule and the PM2.5 Increment – SILs – SMC Rule. Because the 

TCEQ’s rulemaking updated the PSD NSR SIP to include the permitting components of the 

PM2.5 Increment – SILs – SMC Rule, the existing Texas PSD permitting program is also 

intended to be consistent with revised federal regulations that implement the PM2.5 PSD program 

unless EPA promulgates a new requirement not originally contemplated by EPA regulations for 

which TCEQ has undergone rulemaking. As a result of EPA’s good cause final rulemaking 
37

discussed above, the federal requirements for PM2.5 PSD regulation no longer include the PM2.5

SMC and SIL provisions at 40 CFR 52.21(i)(5)(i)(c) and 52.21(k)(2) respectively that were 

promulgated in the PM2.5 Increment – SILs – SMC Rule. The existing Texas PSD permitting 

program as structured in turn no longer includes these same PM2.5 SMC and SIL provisions at 

40 CFR 52.21(i)(5)(i)(c) and 52.21(k)(2). 

Therefore, it is recommended that EPA propose to find the SIP-approved Texas PSD program no 

longer includes the PM2.5 SMC and SIL provisions at 40 CFR 52.21(i)(5)(i)(c) and 52.21(k)(2) 

which is consistent with federal requirements.

II.C Analysis of Revisions to 30 TAC Section 106.4

This section includes an analysis of whether the emission levels in 30 TAC Sections 106.4(a)(1) 

and (3) meet the requirements of §110(a)(2)(C) and §110 (l) of the Act and 40 CFR 51.160(a). 

These requirements provide that a SIP revision may only be approved if the revision does not 

interfere with attainment or maintenance of a National Ambient Air Quality Standard, violate a 

requirement of the control strategy, interfere with any requirement for reasonable further 

progress, or interfere with any other applicable requirement of the Act.

The submitted rules include revisions to 30 TAC Section 106.4 which is under Chapter 106 –

Permits by Rule. EPA approved Texas’s regulations for Permits by Rule (PBR) on November 14, 

2003 (68 FR 64543). As described at 68 FR 64543, at 68454-68455, a PBR is a permit which is 

adopted under 30 TAC Chapter 106. This Chapter provides an alternative process for approving 

the construction of certain new and modified facilities or changes within facilities which TCEQ 

has determined will not make a significant contribution or air contaminants to the atmosphere. 

These rules provide a streamlined mechanism for approving the construction of certain facilities 

which would otherwise be required to apply for and receive a permit before commencing 

construction of modification. Under the SIP a PBR is limited as discussed below. These 

limitations include, but are not limited to:

a) A PBR is available only to facilities which belong to categories for which TCEQ has 

adopted a PBR in Chapter 106. 30 TAC Sections 106.1 and 106.2.

b) A PBR is available only to a facility, or group of facilities at an account, that the PBR 

authorizes to emit no more than the emissions specified in 30 TAC Sections 

106.4(a)(1) and (4). As currently approved, these emission thresholds are as follows:

(1) 250 tpy of carbon monoxide (CO) or nitrogen oxides (NOx);

(2) 25 tpy of volatile organic compounds (VOC), sulfur dioxide (SO2), inhalable 

particulate matter; or

(3) 25 tpy of any other air contaminant, except carbon dioxide, water, nitrogen, 

methane, and oxygen.

c) A PBR is not available to a facility or group of facilities which undergo a change 

which constitutes a new major stationary source or major modification under Title I 

of the Act, part C (Prevention of Significant Deterioration of Air Quality) or part D 

(Nonattainment Review). 30 TAC Sections 106.4(2)-(3). 

d) A facility which qualifies for a PBR must comply with all applicable provisions of 

§111 of the Act (Standards of Performance for New Stationary Sources (NSPS)), 

§112 of the Act (National Emission Standards for Hazardous Air Pollutants 
38

(NESHAP)), and the NSR requirements of the Act (including parts C and D and 

regulations promulgated thereunder). 30 TAC Section 106.4(a)(6).

e) A facility which qualifies for a PBR must comply with all rules and regulations of the 

TCEQ. 30 TAC Section 106.4(c).

Description of Revisions Submitted May 19, 2011 

The revisions submitted May 19, 2011, lower existing SIP thresholds for PM10 and PM2.5 to 

match them with EPA’s significant emission rates, therefore making the SIP more stringent and 

also ensuring that a PBR for emissions of these pollutants will not cause or contribute to a 

violation of the two NAAQS and meet the Minor NSR SIP requirements. 

The following table provides a line item comparison between the SIP-approved PBR 

requirements and the May 19, 2011 revisions. EPA’s analysis is included in italics following 

each revision.

Table II.C – Analysis of Revisions to 30 TAC Section 106.4 Submitted May 19, 2011

30 TAC Section 106.4 – Requirements for Permitting 

by Rule

As adopted by TCEQ March 7, 2001

Approved by EPA November 14, 2003 (68 FR 64543)

30 TAC Section 106.4 – Requirements for Permitting 

by Rule

Adopted: April 20, 2011

Effective: May 15, 2011

Submitted: May 19, 2011

a. To qualify for a permit by rule, the following 

general requirements must be met.

No Change to SIP approved version.

1. Total actual emissions authorized under permit 

by rule from the facility shall not exceed 250 

tons per year (tpy) of carbon monoxide (CO) or 

nitrogen oxides (NOx ); or 25 tpy of volatile 

organic compounds (VOC) or sulfur dioxide 

(SO2 ) or inhalable particulate matter (PM10 ); 

or 25 tpy of any other air contaminant except 

carbon dioxide, water, nitrogen, methane, 

ethane, hydrogen, and oxygen.

1. Total actual emissions authorized under permit by 

rule from the facility shall not exceed 250 tons per 

year (tpy) of carbon monoxide (CO) or nitrogen 

oxides (NOx ); or 25 tpy of volatile organic 

compounds (VOC) or sulfur dioxide (SO2 ) or 

inhalable particulate matter (PM); or 15 tpy of 

particulate matter with diameters of 10 microns or 

less (PM10); or 10 tpy of particulate matter with 

diameters of 2.5 microns or less (PM2.5); (PM10 ); 

or 25 tpy of any other air contaminant except 

carbon dioxide, water, nitrogen, methane, ethane, 

hydrogen, and oxygen.

See below for an analysis of the lower thresholds for 

PBR permitting.
39

2. Any facility or group of facilities, which 

constitutes a new major stationary source, as 

defined in §116.12 of this title (relating to 

Nonattainment Review Definitions), or any 

modification which constitutes a major 

modification, as defined in §116.12 of this title, 

under the new source review requirements of 

the Federal Clean Air Act (FCAA), Part D 

(Nonattainment) as amended by the FCAA 

Amendments of 1990, and regulations 

promulgated thereunder, must meet the 

permitting requirements of Chapter 116, 

Subchapter B of this title (relating to New 

Source Review Permits) and cannot qualify for 

a permit by rule under this chapter. Persons 

claiming a permit by rule under this chapter 

should see the requirements of §116.150 of this 

title (relating to New Major Source or Major 

Modification in Ozone Nonattainment Areas) to 

ensure that any applicable netting requirements 

have been satisfied.

2. Any facility or group of facilities, which 

constitutes a new major stationary source, as 

defined in §116.12 of this title (relating to 

Nonattainment and Prevention of Significant 

Deterioration Review Definitions), or any 

modification which constitutes a major 

modification, as defined in §116.12 of this title, 

under the new source review requirements of the 

Federal Clean Air Act (FCAA), Part D 

(Nonattainment) as amended by the FCAA 

Amendments of 1990, and regulations promulgated 

thereunder, must meet the permitting requirements 

of Chapter 116, Subchapter B of this title (relating 

to New Source Review Permits) and cannot qualify 

for a permit by rule under this chapter. Persons 

claiming a permit by rule under this chapter should 

see the requirements of §116.150 of this title 

(relating to New Major Source or Major 

Modification in Ozone Nonattainment Areas) to 

ensure that any applicable netting requirements 

have been satisfied.

Non-substantive revision to update title of crossreferenced section. Revision is approvable.

3. Any facility or group of facilities, which 

constitutes a new major stationary source, as 

defined in 40 Code of Federal Regulations 

(CFR) §52.21, or any change which constitutes 

a major modification, as defined in 40 CFR 

§52.21, under the new source review 

requirements of the FCAA, Part C (Prevention 

of Significant Deterioration) as amended by the 

FCAA Amendments of 1990, and regulations 

promulgated thereunder, must meet the 

permitting requirements of Chapter 116, 

Subchapter B of this title and cannot qualify for 

a permit by rule under this chapter. 

No change to SIP-approved version.

4. Unless at least one facility at an account has 

been subject to public notification and 

comment as required in Chapter 116, 

Subchapter B or Subchapter D of this title 

(relating to New Source Review Permits or 

Permit Renewals), total actual emissions from 

all facilities permitted by rule at an account 

shall not exceed 250 tpy of CO or NO x ; or 25 

tpy of VOC or SO2 or PM10 ; or 25 tpy of any 

other air contaminant except carbon dioxide, 

water, nitrogen, methane, ethane, hydrogen, 

and oxygen.

4. Unless at least one facility at an account has been 

subject to public notification and comment as 

required in Chapter 116, Subchapter B or 

Subchapter D of this title (relating to New Source 

Review Permits or Permit Renewals), total actual 

emissions from all facilities permitted by rule at an 

account shall not exceed 250 tpy of CO or NO x ; 

or 25 tpy of VOC or SO2 or PM PM10 ; or 15 tpy 

of PM10; or 10 tpy of PM2.5; or 25 tpy of any other 

air contaminant except carbon dioxide, water, 

nitrogen, methane, ethane, hydrogen, and oxygen.

See below for an analysis of the lower thresholds for 

PBR permitting.
40

5. Construction or modification of a facility 

commenced on or after the effective date of a 

revision of this section or the effective date of a 

revision to a specific permit by rule in this 

chapter must meet the revised requirements to 

qualify for a permit by rule. 

No change to SIP-approved version.

6. A facility shall comply with all applicable 

provisions of the FCAA, §111 (Federal New 

Source Performance Standards) and §112 

(Hazardous Air Pollutants), and the new source 

review requirements of the FCAA, Part C and 

Part D and regulations promulgated thereunder.

No change to SIP-approved version.

7. There are no permits under the same 

commission account number that contain a 

condition or conditions precluding the use of a 

permit by rule under this chapter.

No change to SIP-approved version.

8. The proposed facility or group of facilities shall 

obtain allowances for NOX if they are subject to 

Chapter 101, Subchapter H, Division 3 of this 

title (relating to Mass Emissions Cap and Trade 

Program).

No change to SIP-approved version.

b. No person shall circumvent by artificial limitations 

the requirements of §116.110 of this title (relating to 

Applicability).

No change to SIP-approved version.

c. The emissions from the facility shall comply with 

all rules and regulations of the commission and with 

the intent of the TCAA, including protection of 

health and property of the public, and all emissions 

control equipment shall be maintained in good 

condition and operated properly during operation of 

the facility.

c. The emissions from the facility shall comply with 

all rules and regulations of the commission and 

with the intent of the Texas Clean Air Act 

(TCAA), including protection of health and 

property of the public, and all emissions control 

equipment shall be maintained in good condition 

and operated properly during operation of the 

facility.

Non-substantive revision to improve clarity and correct 

for formatting requirements. Revision is approvable.

d. Facilities permitted by rule under this chapter are 

not exempted from any permits or registrations 

required by local air pollution control agencies. 

Any such requirements must be in accordance with 

TCAA, §382.113 and any other applicable law.

No change to SIP-approved version.

The May 19, 2011, SIP revision lowers thresholds for emissions of PM10 and PM2.5 which are 

ceilings under which a source may receive authorization under a PBR. In general, these revised 

rules provide that a facility at which emissions of PM10 do not exceed 15 tpy and at which 

emissions of PM2.5 do not exceed 10 tpy may be modified or constructed under a PBR, as 

provided by the SIP. A facility that emits PM10 and PM2.5 at greater that 15 tpy and 10 tpy, 

respectively cannot be authorized under a PBR.

Evaluation of the May 19, 2011 Submitted Thresholds for PM10 and PM2.5.

A fundamental principal that governs the establishment of a PBR is in the SIP at 30 TAC Section 

106.1 which provides:
41

(a) This chapter identifies certain types of facilities or changes within facilities which the 

commission has determined will not make a significant contribution of air contaminants 

to the atmosphere pursuant to the Texas Health and Safety Code, the Texas Clean Air Act 

(TCAA), §382.057 and §382.05196.

Emphasis added. Approved November 14, 2003 (68 FR 64543). 

Under this SIP-approved rule, the TCEQ establishes a PBR based upon its determination 

that a PBR will not make a significant contribution of air contaminants to the atmosphere. 

In 30 TAC Sections 106.4(a)(1) and (a)(4), TCEQ restricts the use of a PBR to certain facilities 

or group of facilities to certain emission thresholds as follows:

As currently approved, 30 TAC Section 106.4(a)(1) states: 

(1) Total actual emissions authorized under permit by rule from the facility shall 

not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides 

(NOx); or 25 tpy of volatile organic compounds (VOC) or sulfur dioxide (SO2) or 

inhalable particulate matter (PM10); or 25 tpy of any other air contaminant except 

carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen.

Approved November 14, 2003 (68 FR 64543).

As currently approved, 30 TAC Section 106.4(a)(4) states:

(4) Unless at least one facility at an account has been subject to public 

notification and comment as required in Chapter 116, Subchapter B or Subchapter 

D of this title (relating to New Source Review Permits or Permit Renewals), total 

actual emissions from all facilities permitted by rule at an account shall not 

exceed 250 tpy of CO or NOx ; or 25 tpy of VOC or SO2 or PM10 ; or 25 tpy of 

any other air contaminant except carbon dioxide, water, nitrogen, methane, 

ethane, hydrogen, and oxygen.

Approved November 14, 2003 (68 FR 64543). 

Each of the above rules limits a PBR to the following thresholds: (1) the maximum emissions 

that can be authorized under a PBR from a facility; and (2) the total actual emissions that can be 

emitted from all facilities permitted by rule at an account (unless at least one facility at an 

account has been subject to public notice). Under 30 TAC Section 106.1, these limitations are set 

to ensure that emissions authorized under a PBR “will not make a significant contribution of air 

contaminants to the atmosphere.” 

The revisions submitted May 19, 2011, lower thresholds for PM10 and PM2.5 which are likewise 

designed to ensure that a PBR for emissions of these pollutants will not make a significant 

contribution of air contaminants to the atmosphere. This is supported by the following:

(1) The maximum emission level authorized for PM10 is established at 15 tpy which 

is the same as the significant emission rate (SER) for that pollutant in Major NSR 

under 40 CFR 51.165(a)(1)(x)(A) and 51.166(b)(23)(i). As discussed in the 

preamble to the proposal for the 2008 NSR PM2.5 Rule (70 FR 65984, 65098 

(November 1, 2005)), EPA set the PM10 SER at 15 tpy because the ambient 
42

impact of PM10 at this level is about 4 percent of the 24-hour PM10 NAAQS. This 

is less than the current SIP level for inhalable particulate matter (PM10) at 25 tpy.3

(2) In the existing Texas SIP, the maximum emission level authorized for PM2.5 is 25 

tpy.4 The revised maximum emission level authorized for PM2.5 through the May 

19, 2011 SIP submission is established at 10 tpy which is the same as the SER for 

that pollutant in Major NSR under 40 CFR 51.165(a)(1)(x)(A) and 

51.166(b)(23)(i).5

(3) EPA established the significant emission rates for PM10 and PM2.5 at 40 CFR 

51.165(a)(1)(x)(A) and 51.166(b)(23)(i) as the basis for determining applicability 

under the Major NSR Programs, based upon modeled impacts which demonstrate 

that emissions at or below the significant level is less than 4 percent of the 

applicable NAAQS. This level of impact would also apply to emissions from any 

source, including changes at both major and minor sources. As it applies to Minor 

NSR (which includes the Texas PBR Program), any emissions of PM10 and PM2.5

that are equal to or less than 15 and 10 tpy, respectively, are anticipated to have an 

air quality impact that is less than 4 percent of the NAAQS. 

(4) Accordingly, we would expect that the emissions of PM10 and PM2.5 below 

maximum emission levels established in the Texas PBR Program will only result 

in small impacts on the ambient air quality (less than 4 percent of the NAAQS for 

PM10 and PM2.5) and would not cause or contribute to violations of the NAAQS. 

In sum, the PM2.5 thresholds adopted for the PBR program are both more stringent than 

the existing thresholds in the Texas SIP, and are equivalent to the federal SERs, which are rates 

of emissions EPA found to be less than significant. It is recommended that EPA propose to find

adoption of these thresholds for PM2.5 in the Minor NSR PBR program to analogously be less 

than significant, and not violate the federal Minor NSR requirements. Furthermore, there is no 

data demonstrating that emissions below these thresholds will not meet the federal Minor NSR 

requirements. Additionally, there are currently no areas in the state of Texas designated 

nonattainment for either the 1997 or 2006 PM2.5 NAAQS. EPA should propose to find that, as 

discussed above, the submitted PBR thresholds for PM10 and PM2.5 will not interfere with 

attainment and maintenance of a NAAQS for these pollutants, will not violate applicable 

requirements of the control strategy, will not interfere with reasonable further progress, and will 

not interfere with any applicable requirement of the Act. Accordingly, the submitted PBR 

thresholds for PM10 and PM2.5 meet the requirements of the Act at 110(a)(2)(A) and (C) and 

110(l) and also meet the requirements of 40 CFR 51.160(a). Therefore, it is recommended that 

 3 The current SIP provides a threshold for inhalable particulate matter (PM10) at 25 tpy. In this revision, the indicator 

for inhalable particulate matter was changed from PM10 to PM. The threshold for PM is 25 tpy, which is identical to 

the significant emission rate for particulate matter (PM) (or “Total Suspended Particulates” (TSP)) at 40 CFR 

51.165(a)(1)(x)(A) and 51.166(b)(23)(i). As documented at 45 FR 52676, at 52707 (August 7, 1980), the significant 

emission rate of PM was established at a level that is no greater than 4 percent of the 24-hour primary standard for 

PM.

4 The current SIP does not provide an explicit threshold for PM2.5, but provides a catch all threshold of 25 tpy for 

pollutants not specifically listed in 30 TAC Section 106.4(a)(1). 5 The PM2.5 significant level was based upon annual average because the annual average is the controlling standard 

for the PM2.5 NAAQS. 70 FR 65984, at 65098 (November 1, 2005).
43

EPA propose to find that the Texas Minor NSR SIP for PBRs, as revised, meets the permitting 

requirements for the 1997 and 2006 PM2.5 NAAQS.

III. Conclusion

The above analysis demonstrates that the following revisions to the Texas SIP are fully 

approvable:

• The revisions to 30 TAC Sections 101.1(25), (75), (76), (78) adopted on April 20, 2011,

and submitted May 19, 2011, for the definitions of “PM”, “PM emissions”, and “PM2.5

emissions”.

• The revisions to 30 TAC Sections 106.4(a)(1), (a)(2), (a)(4), and (c) adopted on April 20, 

2011, and submitted May 19, 2011, to implement the PM2.5 NAAQS for PBRs.

Is it recommended that a proposed approval be published for the May 19, 2011 SIP revision.

Additionally, it is recommended that EPA propose to find that the SIP-approved Texas PSD 

permit program, in conjunction with the definitions submitted on May 19, 2011, will implement 

the required elements of the May 16, 2008 and October 20, 2010 NSR PM2.5 Implementation 

Rules.