# 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 ( PM 2.5 

### ) 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 techni cal support document (TSD) reviews one revision to the Texas State Implementation Plan (SIP) , submitted on May 19, 2011 , for the permitting implementation of the PM 2.5 

### 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 PM 2.5 

### 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) r evising the definition of “particulate matter” to include

sub

- definitions for “PM 10 

### ” and “PM 2.5 

### ”, and 3) amend the definition of “particulate

matter emissions” to include sub

- definitions for “direct PM emissions” and “indirect PM

emissions”.

o The TCEQ als o adopted amendments to 30 TAC Section 106.4

– Requirements for Permitting by Rule to include PM 2.5 

### 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 PM 2.5 

### NAAQS is evaluated fo r 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/text

idx?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/text

idx?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 Federa l Regulations: http://ecfr.gpoaccess.gov/cgi/t/text/text

idx?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 4 0 CFR 51.166 is available on line at Electronic Code of Federal Regulations: http://ecfr.gpoaccess.gov/cgi/t/text/text

idx?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 t he 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 foll owed 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 pro visions. This analysis produces a written evaluation used to make a determination of whether or not the May 19, 2011 PM 2.5 

### Implementation SIP revision is in agreement with the CAA, other EPA policies or guidance.

II.A. Part 51, Appendix V Evaluation of t he 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 o fficial 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 com pleteness 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

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- 101

- PR

Administrative M aterials (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 St ate 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 approva l 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 regulat ion 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 publicat ion 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 d ate 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 accordanc e 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 3 parties 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 PM 2.5 

### NAAQS

.

2. Identification of the locatio ns 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 statewid e.

### 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 statew ide. 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 PM 2 .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 PM 2.5 

### emissions consistent with the PM 2.5 

### NAAQS. Therefore it is expected that im plementation 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 abilit y of a PBR to be developed for PM 2.5 

### 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 recordke eping/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 sub mittal. Any specific PBR developed from the general requirements providing for the regulation of PM 2.5 

### 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 Pro ject 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 1 01.1 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 pr operties 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 hydroge n 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 th is 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. I t 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 cha nges 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 ac tivated 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 regener ate 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 g enerated 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 disp ose 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 potentia l 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 plant s 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 contam inants 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 continuo us 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 c ontext.

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 t ransfer

-- 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

und ergone 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 (PM 10 ) 1.0

μ g/m 3 5.0

μ g/m 3

Sulfur

Dioxide 1.0

μ g/m 3 5.0

μ g/m 3 25

μ g/m 3
Nitrogen

Dioxide 1.0

μ g/m 3

Carbon

Monoxide 0.5 mg/m 3 2 mg/m 3 following specified amounts.

SEE Figure: 30 TAC §101.1(25)

AIR

CONT. ANN. 24

- HR 8

- HR 3

- HR 1

- HR

Inhalable

Particulate

Matter (PM 10 ) 1.0

μ g/m 3 5.0

μ g/m 3

Sulfur

Dioxide 1.0

μ g/m 3 5.0

μ g/m 3 25

μ g/m 3
Nitrogen

Dioxide 1.0

μ g/m 3

Carbon

Monoxide 0.5 mg/m 3 2 mg/m 3

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

tr ansferred 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 a ir 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 wit h 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 execut ive 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 c arbon 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 upo n 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 encl osed 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 oper ating 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 refrac tory 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 sect ion, 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 particu late 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 contex t.

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 Prot ection 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 coat ings

-- 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 pr ocess 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 b urning 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 othe r 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

p rovided for context.

47. Industrial boiler

-- A boiler located on the site of a facility engaged in a manufacturing process where No ch anges 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 s uch 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 s olid 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

D etermination). (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 bei ng 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 f uel

-- 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 moun ted 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, §750 5a, 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 construc ted 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

verti cally 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 de finition. 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 enforceabl e, 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 tha t 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 improveme nts 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 co mbinations 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 small

quantity 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 latera l 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

measuremen t 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 (NO X )

– 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 long er 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 (PM 10 )

– 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, App endix 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 (PM 2.5 )

– 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

- defini tion for “PM 10 ” is consistent with the definitions of “particulate matter”, “particulate matter
emissions”, “PM 10 ”, and “PM 10 emissions” at 40 CFR

51.100.

The new sub

- definition for “PM 2.5 ” is consistent with the definitions of “particulate matter”, “par ticulate matter emissions” and the requirements for PM 2.5 at 40 CFR

Part 50.

Please see the discussion immediately following this table for more information about the use of the PM 2.5 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, A ppendix 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

dir ectly 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 (PM 2.5 )

emissions include elemental c arbon, 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 PM 2.5 direct emissions that contribute

to the formation of PM 2.5 . PM 2.5 precursors include sulfur dioxide (SO 2 ), NO X , 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 PM 2.5 emissions: at 40 CFR 51.1000.

The new sub

- definition for “secondary PM emissions” is consistent with the federal definition of “PM 2.5 precursor” at 40 CFR 51.1000. Note that the TCEQ identified VOC and ammon ia 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 PM 2.5 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 unfini shed petroleum

derivatives. No changes to the SIP

- approved definition. Language provided for context.

78. PM 10 - 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. PM 2.5 Emissions

– Finely

- divided solid or liquid material with an aerodynamic diameter less than o r 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 implementa tion plan or under a United States Environmental Protection Agency delegation or approval. PM 10 - 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 “PM 2.5 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 PM 2.5 precursors in the state’s permitting programs.

79. PM 10 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 there with, 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, b ut 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 defini tion. 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 imp lementation 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 perso n. 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 com mon 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 solv ent 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 def ined 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

- ) chlorodifluoromet hane (HCFC

- 22) No changes to the SIP

- app roved 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 (HCFC

15la)

- 5,000 pounds; (

- h

- ) chlorofluoromethane (HCFC

- 31)

- 5,000 pounds; (

- i

- ) chloropentafluoroethane (CFC

115)

- 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

- ) ethylfluor ide (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 iso mer)

- 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 (CFR

111)

- 5,000 pounds; (

- hh

- ) 1,1,1,3,3

- pentafluorob utane (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 (HFC

134)

- 5,000 pounds; (

- tt

- ) 1, 1,1,2

- tetrafluoroethane (HFC

134a)

- 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

- 1,00 0 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

c ontaminant 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 su bparagraph (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

mixtu re, 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 fr om 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

turbin es 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 monit oring 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 distan ce 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 Fahren heit). 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 maintenan ce, 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 Schedu led 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

es timates 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 prov ide 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 co ntext.

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 fo r 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 mater ial 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 materia l 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 ma intenance 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 amen ded (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 contex t.

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 desc ribed 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, ni trogen, 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

prov ided 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 SIP

approval.

### 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 unforesee able 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 chang es 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 ti me 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 duri ng 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 d efinition. 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 PM 2.5 

### NAAQS in two rulemakings: 1) the NSR PM 2.5 

### Implementation Rule promulgated on May 16,

2008 and 2) t he PM 2.5 

### PSD Increments

– SILs

– SMC Rule promulgated on October 20, 2 010.

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 PM 2.5 

### NAAQS e.g., precursors, condensables, and inc rement. 1 

### The State’s rulemaking is also consistent with the PM 2.5 

### 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 adoptio n is clear that the PSD NSR SIP is intended to address the precursors and condensables as per EPA’s 2008 and 2010 PM 2.5 

### PSD NSR SIP Rules, it is

recommended that EPA propose that the existing Texas PSD permitting program is structured and updated to addres s all PSD NSR SIP rules for the PM 2.5 

### NAAQS current as of December 9,

2013. F urther 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 PM 2.5 

### NAAQS.

1. The NSR PM 2.5 

### Implementation Rule

a. What are the requirements of the NSR PM 2.5 

### Implementation Rule for PSD SIP Programs?

As a result of EPA’s final NSR PM 2.5 

### 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 foll owing PSD NSR SIP requirements to implement the PM 2.5 

### NAAQS: (1) require PSD permits to address directly emitted PM 2.5 

### and precursor pollutants that

1 See, e.g., “The specific intent of the proposed rulemaking is . . . for implementation of PM 2.5 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 impl ementation of the PM 2.5 NAAQS NSR Program; finalized 36 TexReg 2841, May 6, 2011)

### 31 

### contribute to the secondary formation of PM 2.5 

### ; (2) establish significant emission rates for direct PM 2.5 

### and pr ecursor pollutants (including sulfur dioxide (SO 2 

### ) and nitrogen oxides ( NO X 

### )); and (3) account for gases that condense to form particles (condensables) in PM 2.5 

### and PM 10 

### applicability determinations and emission limits in PSD permits.

b. How does the Texas PSD program address the requirements of the NSR PM 2.5 

### Implementation Rule?

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

Texas SI P . Additionally, as required by state law, the TCEQ, by its rulemaking, updated t he PSD

NSR SIP to be consistent with the federal 1997 and 2006 PM 2.5 

### NAAQS PSD NSR SIP requirements. This rulemaking is also consistent with the PM 2.5 

### PSD regulations as revised by EPA on December 9, 2013 to address the D.C. Circuit’s decision in Sierra Cl ub 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 SO 2 

### and NO X 

### as precursors of PM 2.5 

### and account

for condensable PM 2.5 

### 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 N SR

PM 2.5 

### 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 PM 2.5 

### and PM 2.5 

### 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 sour ce 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 E nvironmental 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 SIP

approved definition of “federally regulated new source review pollutant” i s inclusive of the PSD PM 2.5 

### precursors SO 2 

### and NO X 

### 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 requirement s 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. I n 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 un it experiencing a net increase in

### 32 

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

unit. Under the PM 2.5 

### PSD program, these requirements will apply to direct

PM 2.5 

### emissions; SO 2 

### emissions; NO X 

### emissions, unless states de monstrate that NOx is not a significant contributor to ambient PM 2.5 

### concentrations in that area; and to VOC if identified by a state as a precursor in the PM 2.5 

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

It is re commended 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 PM 2.5 

### precursors SO 2 

### and NO X 

### . Additionally, per the Texas PSD NSR SIP, when determ ining applicability of the definition of major source for purposes of the PSD program, direct emissions of PM 2.5 

### 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 mod ification 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 SO 2 

### and NO X 

### as PM 2.5 

### precursors, and ther efore emissions from

PM 2.5 

### precursors are applicable to the determination of whether a source is a major modification. 2 

### The Texas SIP therefore requires evaluation of direct PM 2.5 

### and PM 2.5 

### precursors as required by EPA’s NSR PM 2.5 

### 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 PM 2.5


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

modification is inclusive of PM 2.5 

### prec ursors. (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 II I.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 PM 2.5 

### and PSD precursor s of PM 2.5 

### , SO 2 

### and NO X 

### . 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 PM 2.5 and its precursors ( SO 2 and NO X ) as est ablished at 40 CFR 51.166 (b)(23), the Texas SIP does not currently regulate VOCs as precursors of PM 2.5 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 PM 2.5 precursors, the TCEQ would need to adopt and submit a separate SI P 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 PM 2.5 concentrations. See 73 FR 28321, at 28333.

### 33 

### Texas PSD program now requires the PSD permitting of the identified PM 2.5 

### PSD precursors SO 2 

### and NO X 

### for new major stationary sources and major modifications

consistent with the 1997 and 2006 PM 2.5 

### NAAQS. (3) The May 19, 2011

, SIP submission added a new definition of “PM 2.5 

### emissions” in the

General Definitions section at 30 TAC Se ction 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 “PM 2.5 

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

condensable PM 2.5 

### emissions as required by the NSR PM 2.5 

### 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 meth ods available for measuring condensable emissions, publishing a final rule for methods of measuring filterable PM 10 

### and PM 2.5 

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

amendments to Methods 201A and 202. The fi nal 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 PM 2.5 

### . The final amendments to Method 202 revise the sample collection and recovery procedures o f 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 284 1, 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 PM 2.5 

### emissions

under the Texas SIP. As the definitions in 30 TAC Section 101.1 establish t he meaning and applicability of terms used within the entirety of the Texas SIP, EPA should propose

that this definition of PM 2.5 

### emissions, which includes regulation of condensables and as supported by the Texas rulemaking record, is applicable to the Tex as 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 precu rsors 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 PM 2.5 

### emission limits as a constituent of PM 2 .5 

### . EPA should therefore

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

condensable PM 2.5 

### emissions as required by the 2008 PM 2.5 

### NSR rule.

c. Litigation regarding the May 16, 2008 PM 2.5 

### 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 PM 2.5 

### NAAQS. The Court ordered the EPA to “repromulgat e 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 deci sion, the PM 2.5 

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

of PM 2.5 

### 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 PM 2.5 

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

the need to rev ise any PSD requirements promulgated in the 2008 NSR PM 2.5 

### 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 PM 2.5 

### Rule does not conflict with the Court’s opinion.

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

PM 2.5 

### Rule also does not affect the EPA’s action on the present proposed approval, as this proposed approval does not address any of the PM 2.5 

### nonattainment NSR requirements.

2. The PM 2.5 

### PSD Increment

– SILs

– SMC Rule

a. What are the requirements of the PM 2.5 

### PSD Increment

– SILs

– SMC Rule for PSD SIP Programs?

EPA finalized the PM 2.5 

### PSD Increment

– SILs

– SMC Rule to provide additional regulatory requirements under the PSD SIP program regarding the implementation of the PM 2.5 

### NAAQS.

See 75 FR 64864. As a result, the PM 2.5 

### 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 PM 2.5 

### increments pursua nt 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 baselin e date, and baseline area

– the implementing regulations for the PM 2.5 

### 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 propos ed 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 PM 2. 5 

### . More detail on the PM 2.5 

### 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 PM 2.5 

### Increment

– SILs

– SMC Rule?

### 35 

### With respect to the required increment component of the PM 2.5 

### 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 PM 2.5 

### Increment

– SILs

– SMC Rule. By undergoing this rulemaking, the TCEQ effectuated regulation of the required PM 2.5 

### increment component of Texas PSD permitting. T he 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 PM 2.5 

### 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 basel ine 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

PM 2.5 

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

the Texas PSD NSR SIP no w includes the PM 2.5 

### 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 t he Texas PSD NSR SIP are necessary to implement the federal PM 2.5 

### increment requirements

in Texas.

c. How does the May 19, 2011

, Texas SIP submittal satisfy the Optional SILs and SMC Components of the PM 2.5 

### Increment

– SILs

– SMC Rule?

As a preliminary no te, there was litigation regarding the 2010 PM 2.5 

### 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 Sier ra Club petitioned the United States Court of Appeals for the

District of Columbia to review the 2010 PM 2.5 

### 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 r egulations (40 CFR 51.166(k)(2) and 52.21(k)(2)) establishing the SILs for PM 2.5 

### 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 PM 2.5 

### SMC, finding that the EPA lacked legal authority to adopt and use the PM 2.5 

### SMC to exempt permit a pplicants 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 fr om the CFR. See 78 FR 73698.

With respect to the optional SILs component of the PM 2.5 

### 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 tabl e at 40 CFR 51.165(b)(2), including the SILs for

PM 2.5 

### . 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) “d e 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 elim inate 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 lev els 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 f or 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 de finition 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 be low 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 ana lysis 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.

Furthe rmore, with respect to both the optional SILs and SMC components of the PM 2.5 

### 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 Decembe r 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

PM 2.5 

### through its adoption of revisions to the Texa s PSD NSR SIP on April 20, 2011 , thereby updating the existing Texas SIP to be consistent with the federal PM 2.5 

### PSD NSR SIP requirements in the PM 2.5 

### NSR Rule and the PM 2.5 

### Increment

– SILs

– SMC Rule. Because the TCEQ’s rulemaking updated the PSD NSR SIP to incl ude the permitting components of the

PM 2.5 

### Increment

– SILs

– SMC Rule, the existing Texas PSD permitting program is also intended to be consistent with revised federal regulations that implement the PM 2.5 

### PSD program unless EPA promulgates a new requireme nt 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 PM 2.5 

### PSD regulation no longer include the PM 2.5 

### SMC and SIL provision s at 40 CFR 52.21(i)(5)(i)( c ) and 52.21(k)(2) respectively that were promulgated in the PM 2.5 

### Increment

– SILs

– SMC Rule. The existing Texas PSD permitting program as structured in turn no longer includes these same PM 2.5 

### 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 PM 2.5 

### 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 w hich 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 Chapt er 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 prov ide 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

li mitations 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 a n 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 (NO

x 

### ); (2) 25 tpy of vol atile organic compounds (VOC), sulfur dioxide (SO 2 

### ), 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 underg o 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 qua lifies 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 th e 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 Ma y 19, 2011

The revisions submitted May 19, 2011, lower existing SIP thresholds for PM 10 

### and PM 2.5 

### 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 Subm itted 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 (SO 2 ) or inhalable particulate matter (PM 10 ); 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 su lfur dioxide (SO 2 ) or inhalable particulate matter (PM); or 15 tpy of particulate matter with diameters of 10 microns or less (PM 10 ); or 10 tpy of particulate matter with diameters of 2.5 microns or less (PM 2.5 ); (PM 10 ); 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 stationa ry 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 Ai r 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 qual ify 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 ap plicable 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 revisi on to update title of cross

referenced 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 majo r 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 requi red 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 11 6, 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 PM1 0 ; or 15 tpy

of PM 10 ; or 10 tpy of PM 2.5 ; 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 NO X 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 c ommission 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 mai ntained 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 exempte d 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 PM 10 

### and PM 2.5 

### 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 PM 10 

### do not exceed 15 tpy and at which

emissions of PM 2 .5 

### do not exceed 10 tpy may be modified or constructed under a PBR, as provided by the SIP. A facility that emits PM 10 

### and PM 2.5 

### at greater that 15 tpy and 10 tpy, respectively cannot be authorized under a PBR.

Evaluation of the May 19, 2011 Submitted Thr esholds for PM 10 

### and PM 2.5



### .

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 Clea n 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 appro ved, 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 (NO

x 

### ); or 25 tpy of volatile organic compounds (VOC) or sulfur dioxide (SO 2 

### ) or inhalable particulate matter (PM 10 

### ); 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 S ection 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 NO

x 

### ; or 25 tpy of VOC or SO 2 

### or PM 10 

### ; 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 sign ificant contribution of air contaminants to the atmosphere.”

The rev isions submitted May 19, 2011, lower thresholds for PM 10 

### and PM 2.5 

### 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 PM 10 

### 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 PM 2.5 

### Rule (70 FR 65984, 65098 (November 1, 2005) ), EPA set the PM 10 

### SER at 15 tpy because the ambient

### 42 

### impact of PM 10 

### at this level is about 4 percent of the 24

- hour PM 10 

### NAAQS. This is less than the current SIP level for inhalable particulate matter (PM 10 

### ) at 25 tpy. 3



### (2) In the existing Texas SIP, the maxi mum emission level authorized for PM 2.5 

### is 25

tpy. 4 

### The revised maximum emission level authorized for PM 2.5 

### 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 PM 10 

### and PM 2.5 

### 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 d emonstrate 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 (w hich includes the Texas PBR Program), any emissions of PM 10 

### and PM 2.5 

### 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 PM 10 

### and PM 2.5 

### 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

PM 10 

### and PM 2.5 

### ) and would not cause or contribute to violations of the NAAQS.

In sum, the PM 2.5 

### 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 emis sions EPA found to be less than significant. It is recommended that EPA propose to find adoption of these thresholds for PM 2.5 

### in the Minor NSR PBR program to analogously be less than significant, and not violate the federal Minor NSR requirements. Further more, 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 PM 2.5 

### NAAQS. EPA should propose to find that, as discussed above, the submitted PBR thresholds for PM 10 

### and PM 2.5 

### 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 PM 10 

### and PM 2.5 

### meet the requirements of the Act at 110(a)(2)(A) and (C) and 110(l) and also mee t the requirements of 40 CFR 51.160(a). Therefore, it is recommended that

3 The current SIP provides a threshold for inhalable particulate matter (PM 10 ) at 25 tpy. In this revision, the indicator for inhalable particulate matter was changed from PM 10 to PM. The threshold for PM is 25 tpy, which is identical to the significant emi ssion 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 PM 2.5 , but provides a catch all threshold of 25 tpy for pollutants not specifically listed in 30 TAC Section 106.4(a)(1).

5 T he PM 2.5 significant level was based upon annual average because the annual average is the controlling standard

for the PM 2.5 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 PM 2.5 

### NAAQS.

III. Conclusion

The above analysis demo nstrates 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 “PM 2.5 

### 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 PM 2.5 

### NAAQS for PBRs.

Is it recommended that a proposed approval be published for the May 19, 2011 S IP 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, 2 010 NSR PM 2.5 

### Implementation

Rules.