Texas State Implementation Plan 

Infrastructure and Interstate Transport Elements 

Required Under Section 110(a)(2) for the 1997 8-hour Ozone 

and the 1997 and 2006 Fine Particulate Matter (PM2.5) NAAQS 

Docket ID EPA-R06-OAR-2008-0638 

Technical Support Document 

September 2011 

Table of Contents: 

I. Introduction 

 A. Section 110(a)(1) and (2) Infrastructure SIP Elements 

 B. Section 110(a)(1) and (2) Transport SIP Elements 

 C. Legal Authority and Revisions to the Texas SIP 

 D. The Greenhouse Gas (GHG) Component 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone 

and the 1997 and 2006 PM2.5 NAAQS, the State submittals and EPA analysis 

III. EPA’s Recommendation 

A. What is a Partial Approval, Partial Disapproval? 

B. EPA’s Recommendation on the Section 110(a)(1) and (2) Infrastructure SIP Elements 

C. EPA’s Recommendation on the Section 110(a)(1) and (2) Transport SIP Elements 

IV. References 

V. Appendix to Evaluate NOx as a Precursor 

I. Introduction

In this technical support document (TSD), EPA is evaluating the submittals provided by 

the Texas Commission for Environmental Quality (TCEQ) to meet the requirements of section 

110(a)(2) of the Clean Air Act (CAA or Act) for the 1997 ozone and the 1997 and 2006 national 

ambient air quality standards (NAAQS or standards) for 8-hour ozone and fine particulate 

matter. More detail on these standards, section 110(a)(1) and (2) of the Act, and the submittals 

we are reviewing to satisfy the section 110(a)(2) requirements for Texas are provided in 

subsections A - D, below. Throughout this document, “we,” “us,” and “our” means EPA. 

Section II of the TSD provides a description of each element required under section 

110(a)(2) of the Act, the State’s response, and our analysis of the State’s response. Copies of the 

State’s submittals are in the docket for this rulemaking. 

Section III of the TSD includes our recommendation for action on each of the elements 

reviewed herein. 

Section IV of the TSD contains a list of the guidance documents referenced herein. 

Copies of these guidance documents are in the docket for this rulemaking. 

A. Section 110(a)(1) and (2) Infrastructure SIP Elements 

On July 18, 1997, EPA promulgated a new NAAQS for ozone (published in volume 62 

of the Federal Register (FR), beginning on page 38856, denoted 62 FR 38856) and a new 

standard for fine particulate matter (62 FR 38652). For ozone, EPA revised the NAAQS to 
2

provide an 8-hour averaging period (versus the 1-hour averaging period for the 1-hour ozone 

standard), and set the level of the standard to 0.08 parts per million (ppm). The 1-hour ozone 

NAAQS was 0.12 ppm. For particulate matter (PM), EPA promulgated a new 24-hour and new 

annual standard for fine PM, which applies to particles with an aerodynamic diameter less than 

or equal to 2.5 micrometers (denoted as PM2.5). The annual PM2.5 standard was set at 15 

micrograms per cubic meter (μg/m3) and the 24-hour standard was set at 65 μg/m3. On October 

17, 2006, we published revised standards for PM (71 FR 61144). For PM2.5 the annual standard 

of 15 μg/m3 was retained and the 24-hour standard was revised to 35 μg/m3. For PM10 the annual 

standard was revoked and the 24-hour standard (150 μg/m3

) was retained. 

Under section 110(a)(1) of the Act, all states are required to submit plans to provide for 

the implementation, maintenance and enforcement of each NAAQS within 3 years following the 

promulgation of the NAAQS, or within such shorter period as EPA may prescribe. Section 

110(a)(2) lists 14 elements that must be included in these state implementation plan (SIP) 

submissions. The requirements include SIP “infrastructure” elements such as requirements for air 

pollution control measures and monitoring that are designed to assure attainment, maintenance 

and enforcement of the NAAQS. The statutory language in sections 110(a)(1) and (2) is provided 

in the docket for this rulemaking. 

On October 2, 2007, we issued “Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 1997 8-hour Ozone and 1997 PM2.5 National Ambient Air Quality 

Standards,” Memorandum from William T. Harnett, Director, Air Quality Policy Division 

(AQPD), Office of Air Quality Planning and Standards (OAQPS).1 On September 25, 2009, we 

issued “Guidance on SIP Elements Required Under Sections 110(a)(l) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” Memorandum 

also from William T. Harnett, Director, AQPD, OAQPS. Each of these guidance memos 

addresses the SIP elements found in 110(a)(2). However, the October 2, 2007 Guidance does not 

address section 110(a)(2)(D)(i) (dealing with interstate transport), which is being addressed 

separately.2 In each of these guidance memos, the guidance states that to the extent that existing 

SIPs already meet the requirements, states need only certify that fact to us. 

On December 12, 2007, the Texas Commission on Environmental Quality (TCEQ) 

submitted a letter to EPA identifying the 8-hour ozone SIP revisions they had submitted to EPA 

and stating that they would continue to review the remaining commitments. In a letter to EPA 

dated March 11, 2008, TCEQ stated that they were reviewing the Texas SIP to supplement the 

December 2007 submittal. 

On March 27, 2008, EPA published findings concerning whether States had made the 

110(a)(2) submissions for the 1997 ozone NAAQS (73 FR 16205). EPA determined that Texas 

had not made the necessary submission. This finding established a 24-month deadline for the 

promulgation by EPA of a Federal Implementation Plan (FIP) addressing these specific SIP 

elements, in accordance with section 110(c)(1). 

On April 4, 2008, TCEQ submitted a letter stating that Texas has addressed any potential 

infrastructure issues associated with ozone and PM2.5 and fulfilled its infrastructure SIP 

 

1

 This and any other guidance documents referenced in this action are in the docket for this rulemaking. 

2

 EPA finalized a FIP on July 6, 2011, to limit emissions of ozone precursors and PM that affect the ability of 

downwind states to attain the 1997 ozone and 1997 and 2006 PM2.5 NAAQS (76 FR 48208, August 8, 2011). 

Known as EPA’s Cross-State Air Pollution Rule, it requires that Texas (and 26 other states in the eastern half of the 

United States) must significantly improve air quality by reducing power plant emissions that cross state lines and 

contribute to ground-level ozone and fine particle pollution in other states. For additional information, please see 

www.epa.gov/crossstaterule. 
3

obligations. An enclosure to the letter provided information on Texas SIP provisions supporting 

the 110(a)(2) requirements. 

On October 22, 2008, EPA published findings concerning whether States had made the 

110(a)(2) submissions for the 1997 PM2.5 NAAQS (73 FR 62902). In this action EPA found that 

the necessary submission was made by Texas. 

On November 23, 2009, the TCEQ submitted a letter to fulfill its infrastructure SIP 

obligations for the 2006 PM2.5 NAAQS. An enclosure to the letter provided information on 

Texas SIP provisions supporting the 110(a)(2) elements. The submittal was deemed complete by 

action of law six months after the submittal was received by EPA. 

B. Section 110(a)(1) and (2) Transport SIP Elements 

As noted above, the infrastructure element regarding interstate transport, 110(a)(2)(D)(i), 

is not addressed in the 2007 Infrastructure SIP Guidance. On August 15, 2006, EPA issued its 

“Guidance for State Implementation Plan (SIP) Submission to Meet Current Outstanding 

Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient 

Air Quality Standards” (2006 Guidance). EPA developed the 2006 Guidance to make 

recommendations to states for making submissions to meet the requirements of section 

110(a)(2)(D)(i) for the 1997 8-hour ozone and PM2.5 standards. As identified in the 2006 

Guidance, the “good neighbor” provisions in section 110(a)(2)(D)(i) require each state to submit 

a SIP that prohibits emissions that adversely affect another state in the ways contemplated in the 

statute. Section 110(a)(2)(D)(i)(I) and (II) contain four distinct requirements (or prongs) related 

to the impacts of interstate transport. The SIP must prevent sources in the state from emitting 

pollutants in amounts which will: (1) contribute significantly to nonattainment of the NAAQS in 

other states; (2) interfere with maintenance of the NAAQS in other states; (3) interfere with 

provisions to prevent significant deterioration of air quality in other states; and (4) interfere with 

efforts to protect visibility in other states.3

On May 1, 2008, we received a SIP revision from the State of Texas intended to address 

the requirements of section 110(a)(2)(D)(i) for both the 1997 8-hour ozone and PM2.5 standards. 

In this rulemaking we are addressing only the requirement that pertains to preventing sources in 

Texas from emitting pollutants that will interfere with measures required to prevent significant 

deterioration of air quality in other states. In its submission, Texas stated that its New Source 

Review (NSR)4

 program for major sources satisfies this requirement. With this submission, the 

state would meet the requirement as contemplated in the 2006 Guidance for SIP submissions to 

meet this specific element in CAA 110(a)(2)(D)(i)(II). 

In a separate action, we have finalized a FIP, called the Cross-State Air Pollution Rule 

(CSAPR), which requires Texas (and 26 other states in the eastern half of the United States) to 

significantly improve air quality by reducing power plant emissions that cross state lines and 

contribute to ground-level ozone and fine particle pollution in other states.5

 This FIP is intended 

to address section 110(a)(2)(D)(i)(I) for Texas, to prevent sources in Texas from emitting 

pollutants in amounts that will contribute significantly to nonattainment of the NAAQS in other 

 

3

 Section 110(a)(2)(D)(i)(I) addresses prongs (1) and (2); section 110(a)(2)(D)(i)(II) addresses prongs (3) and (4). 4

 NSR refers to the statutory and regulatory programs that regulate the construction and modification of stationary 

sources. A more detailed discussion is provided below in section II.3, regarding the program for enforcement of 

control measures, pursuant to section 110(a)(2)(C) of the Act. 

5

 76 FR 48208. 
4

states and interfere with maintenance of the NAAQS in other states. We are not addressing 

section 110(a)(2)(D)(i)(I) in this action; see Section II.4 below for additional information. 

C. Legal Authority and Revisions to the Texas SIP 

Under the Texas Health and Safety Code (THSC), sections 382.011, 382.012 and 

382.023, the TCEQ has the authority to control the quality of the state’s air and to issue orders 

consistent with the policies and purposes of the Texas Clean Air Act (TCAA), codified at 

Chapter 382 of the Texas Health and Safety Code. The TCAA was adopted into the Texas SIP in 

1981 (46 FR 61124) and at that time, the TCAA named the Texas Air Control Board (TACB) as 

the state air control agency, with principal authority in the state on matters relating to the quality 

of air resources. In 1991, the Texas Legislature abolished the TACB and its powers, duties, 

responsibilities and functions were transferred to the Texas Natural Resource Conservation 

Commission (TNRCC). In 2001, the Texas Legislature changed the name of the TNRCC to the 

Texas Commission on Environmental Quality. The TCAA is now codified under the Texas 

Health and Safety Code (THSC), Chapter 382. The current version of the TCAA, which pertains 

to the TCEQ and is codified under the THSC, retains the authorities approved into the SIP in 

1981. 

On March 11, 2011, the TCEQ submitted revisions to their NSR program to meet the 

requirements of the “NSR Reform” published on December 31, 2002 (67 FR 80186) and to 

amend revisions that EPA disapproval on September 15, 2010 (75 FR 56424). The 2011 

submittal contains numerous revisions, including three that assist the State in meeting the 

infrastructure requirements. Several revisions in the 2011 submittal address the State’s program 

for PSD that provide for nitrogen oxides (NOx) to be treated as a precursor to ozone formation in 

the State’s PSD SIP. 6

The portions of the 2011 submittal that we are proposing for approval in this action are 

evaluated in Attachment A to this TSD. We believe these are necessary provisions for 

implementation of the 1997 ozone standard, pursuant to the Final Rule to Implement the 8-Hour 

Ozone National Ambient Air Quality Standard - Phase 2 (70 FR 71612, published November 29, 

2005). More detail is also provided in Section II.3 below. 

D. The Greenhouse Gas (GHG) Component 

EPA has recently undertaken a series of actions pertaining to the regulation of GHGs that 

although for the most part distinct from one another, impact today’s proposed action on the 

Texas SIP. Four of these actions include, as they are commonly called, the “Endangerment 

Finding” and “Cause or Contribute Finding” which EPA issued in a single final action,7

 the 

“Johnson Memo Reconsideration,”8 the “Light-Duty Vehicle Rule,”9 and the “Tailoring Rule.”10 

 

6

 Texas submitted revisions on February 1, 2006 that would accomplish this. However, the 2006 submittal did not 

meet the federal NSR SIP requirements and the provisions for NOx as a precursor were not treated as severable. 

Thus the revision as a whole was disapproved (75 FR 56424). By severable, we mean that the portions of the SIP 

revision that address NOx as a precursor can be implemented independently of the remaining portions of the 

submittal, without affecting the stringency of the submitted rules. In addition, the remaining portions of the 

submittal are not necessary for approval of the provisions addressing NOx as a precursor. 7

 “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air 

Act.” 74 FR 66496 (December 15, 2009). 

8

 “Interpretation of Regulations that Determine Pollutants Covered by Clean Air Act Permitting Programs.” 75 FR 

17004 (April 2, 2010). 
5

Taken together and in conjunction with the CAA, these actions established regulatory 

requirements for GHGs emitted from new motor vehicles and new motor vehicle engines; 

determined that such regulations, when they took effect on January 2, 2011, subjected GHGs 

emitted from stationary sources to permitting requirements for Prevention of Significant 

Deterioration (PSD); and limited the applicability of PSD requirements to GHG sources on a 

phased-in basis. EPA took this last action in the Tailoring Rule which more specifically, 

established appropriate GHG emission thresholds for determining the applicability of PSD 

requirements to GHG-emitting sources. 

However, Texas did not address or provide adequate legal authority for the GHG 

program’s application to all pollutants that would become newly subject to regulation in the 

future, including non-NAAQS pollutants, among them GHGs. On this basis, EPA on December 

30, 2010 corrected its previous full approval of Texas’s PSD program to be a partial approval 

and partial disapproval (75 FR 82430). Further, as required following the partial disapproval, 

EPA in this same action promulgated a FIP to establish a PSD permitting program in Texas for 

GHG-emitting sources (75 FR 82430). EPA took the FIP through interim final rulemaking, 

effective upon publication, to ensure the availability of a permitting authority--EPA-- in Texas 

for GHG-emitting sources when they became subject to PSD on January 2, 2011. The interim 

FIP allowed those sources to proceed with plans to construct or expand. The interim rule expired 

on April 30, 2011 and is replaced by the final rule (76 FR 25178, May 3, 2011). 

As we discuss further in Section II.3 below, Texas currently does not have adequate legal 

authority to address the new GHG PSD permitting requirements at statutory levels of emissions 

and thus, the Texas SIP does not satisfy portions of elements within the infrastructure and 

transport requirements. 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone and fine 

particulate matter NAAQS, the State submittals and EPA analysis

 The federally approved SIP for each state is listed in Title 40, Part 52, of the US Code of 

Federal Regulations (denoted 40 CFR 52). The first section in this subpart for any state is the 

“Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP 

for each state, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet 

the NAAQS. The status of the Texas SIP is provided in 40 CFR Part 52, Subpart SS, sections 

2270 to 2311. The Identification of plan for Texas is in section 2270; this constitutes the 

applicable SIP for Texas, for purposes of the Act. 

Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 

FR 13498), section 110(a)(2) sets forth elements that a SIP must contain in order to be fully 

approved.11 Below we examine the elements required in section 110(a)(2) and the documentation 

provided by the TCEQ. Where it is useful, we include tables showing the date that the applicable 

state rules were approved by EPA into the SIP. 

 9

 “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards; Final 

Rule.” 75 FR 25324 (May 7, 2010). 

10 Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule.” 75 FR 31514 

(June 3, 2010). 

11 The discussion of section 110(a)(2), subsections (A) through (M) begins on p. 13556 of the General Preamble. 
6

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, 

schedules for compliance and other related matters. EPA notes that the specific nonattainment 

area plan requirements of section 110(a)(2)(I) are subject to the timing requirement of section 

172 (non-attainment plan provisions). 

The State’s response: The TCEQ has promulgated rules to implement and enforce the NAAQS 

and other air quality standards. These rules include programs for banking and trading of 

emissions, as well as permits and fees. Periodic revisions to the SIP establish timetables and 

schedules for improving air quality in the nonattainment areas, and areas that may become 

nonattainment for ozone. TCEQ referenced the following from Title 30 of the Texas 

Administrative Code (30 TAC) as relevant to meet this requirement: 

Chapter 7 Memoranda of Understanding 

Chapter 101 General Air Quality Rules 

Chapter 106 Permits by Rule, Subchapter A, General Requirements 

Chapter 111 Control of Air Pollution from Visible Emissions and Particulate Matter 

Chapter 112 Control of Air Pollution from Sulfur Compounds 

Chapter 113 Standards of Performance for Hazardous Air Pollutants and for Designated 

Facilities and Pollutants 

Chapter 114 Control of Air Pollution from Motor Vehicles 

Chapter 115 Control of Air Pollution from Volatile Organic Compounds 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

Chapter 117 Control of Air Pollution from Nitrogen Compounds 

Chapter 118 Control of Air Pollution Episodes 

EPA analysis: Section 110(a)(2)(A) requires that all measures and other elements in the SIP be 

enforceable. This subsection also authorizes SIPs to contain certain nontraditional techniques for 

reducing pollution – economic incentives, marketable permits, and auctions of emissions rights. 

The EPA reads this language to require even these other means of achieving reductions to be 

enforceable.12 The federally approved Texas SIP includes a variety of measures to reduce PM 

and precursors to ozone, which are summarized in the following paragraphs and listed in Table 1 

below. Once adopted into the SIP, the measures are enforceable by the state and EPA, and US 

citizens are offered legal recourse to address violations as described in section 304 of the Act. 

To coordinate transportation-related controls, a Memorandum of Understanding (MOU) 

between the Texas Department of Transportation (TxDOT) and TNRCC13 was approved and 

adopted by the State into 30 TAC Chapter 7 (denoted 30 TAC 7). This MOU establishes periods 

for review of documents and ensures coordination between the agencies on transportation 

projects, including for example, the vehicle inspection and maintenance (I/M) program and 

transportation control measures (TCMs). 

30 TAC 101 defines a variety of control methods in Subchapter A (General Rules); and 

provides for control techniques and compliance timeframes in Subchapters F (Emissions Events 

 

12 General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498, p. 13556) 

13 In 2001, the Texas Legislature changed the name of the TNRCC to the Texas Commission on Environmental 

Quality. 
7

and Scheduled Maintenance, Startup, and Shutdown Activities) and H (Emissions Banking and 

Trading). 

30 TAC 106 addresses general and specific requirements for permits by rule, including 

enforceable emission limits, control methods and compliance timeframes. 30 TAC 111 provides 

control of air pollution from visible emissions and PM, and includes requirements for specified 

sources, alternate opacity limitations, emission limits, control methods, and compliance 

timeframes. 30 TAC 112 provides emission limits for sulfur compounds and provides 

compliance timeframes. 30 TAC 114 provides emission limits and a variety of control techniques 

to reduce pollutants from motor vehicles, including inspection and maintenance (I/M) programs, 

idling restrictions and fuels, and addresses fleets, on- and non-road engines and incentive 

programs; and provides compliance timeframes. 30 TAC 115 provides emission limits for 

volatile organic compounds (VOCs), control methods and compliance dates. 30 TAC 116 

addresses control of air pollution by permits for new construction or modification of existing 

sources in attainment and nonattainment areas. 30 TAC 117 provides emission limits for nitrogen 

compounds and includes control methods and compliance dates. 30 TAC 118 controls 

emergency episodes of air pollution and provides a compliance timeframe. 

The State's rules at 30 TAC 7, 101, 106, 111, 112, 114 - 11814 were approved by EPA for 

adoption into the SIP and thus are enforceable by the State and EPA, and US citizens are offered 

legal recourse to address violations as described in section 304 of the Act. The Texas SIP meets 

the requirements of section 110(a)(2)(A). 

Table 1: Texas rules relevant to meeting section 110(a)(2)(A), as submitted by TCEQ 

Section of SIP Referenced in Texas’ Submittal EPA Approval/FR Citation 

30 TAC 7.119: MOU for TxDOT and TCEQ December 12, 2005 at 70 FR 73380 

30 TAC 101.1: Definitions March 30, 2005 at 70 FR 16129 

101.223: Actions to Reduce Excessive Emissions August 26, 2005 at 70 FR 50205 

30 TAC 101, Subchapter H, Divisions: 

1: Emission Credit Banking and Trading 

3: Mass Emissions Cap and Trade Program 

4: Discrete Emission Credit Banking and Trading 

6: Highly-Reactive VOC Emissions Cap and Trade 

Program 

1: September 6, 2006 at 71 FR 52698 

3: November 14, 2001 at 66 FR 57252 

and September 6, 2006 at 71 FR 52664 

4: September 6, 2006 at 71 FR 52703 

6: September 6, 2006 at 71 FR 52659 

30 TAC 106, Subchapter A: General Requirements November 14, 2003 at 68 FR 64548 

30 TAC 111, Subchapter A, Divisions: 

1: Visible Emissions 

2: Incineration 

4: Materials Handling, Construction, Roads, Streets, 

Alleys, and Parking Lots 

5: Emission Limits on Nonagricultural Processes 

 And Rule 105.2: Ground Level Concentrations 

6: Emission Limits on Agricultural Processes 

30 TAC 111, Subchapter B: Outdoor Burning 

SC A 1: January 18, 1994 at 59 FR 2532 

and May 8, 1996 at 61 FR 20732 

2: April 28, 2009 at 74 FR 19144 

4: January 18, 1994 at 59 FR 2532 

5: April 28, 2009 at 74 FR 19144 

105.2: May 31, 1972 at 27 FR 10842 

6: April 28, 2009 at 74 FR 19144 

SC B: April 28, 2009 at 74 FR 19144 

 

14 30 TAC113 addresses air pollution from lead smelters in the federally approved SIP and thus is not relevant to 

this rulemaking action. 
8

30 TAC 112, Subchapter A: Control of Air Pollution 

From Sulfur Compounds15

SC A: August 30, 1993 at 58 FR 45456 

and February 18, 1997 at 62 FR 07163 

30 TAC 114, Subchapter C: Divisions: 

1: Vehicle Inspection and Maintenance (I/M) 

3: I/M for Early Action Compact Counties 

Subchapter K: Mobile Source Incentive Programs 

Division 3: Diesel Emission Reduction Incentive 

Program for On-road and Non-road Vehicles

SC C 1: Nov 14, 2001 at 66 FR 57264 

and September 6, 2006 at 71 FR 52670 

3: August 8, 2005 at 70 FR 45542 

SC K 3: August 19, 2005 at 70 FR 48647 

30 TAC 115, SC A: Definitions 

SC B: General VOC Sources 

SC C: VOC Transfer Operations 

SC D: Petroleum Refining, Natural Gas Processing, 

and Petrochemical Processes 

SC E: Solvent-Using Processes 

SC F: Miscellaneous Industrial Sources 

SC G: Consumer-Related Sources 

SC H: Highly-Reactive VOCs 

SC J: Administrative Provisions 

A: July 17, 2008 at 73 FR 40972 

B: March 29, 2010 at 75 FR 15348, 

July 10, 2009 at 74 FR 33146, 

March 7, 1995 at 60 FR 12438, 

February 27, 2008 at 73 FR 10383, 

July 17, 2008 at 73 FR 40972, 

July 16, 2001 at 66 FR 36913, 

May 22, 1997 at 62 FR 27964 and 

December 20, 2000 at 65 FR 79745 

C: October 20, 2010 at 75 FR 64675, 

January 19, 2006 at 71 FR 3009, 

July 16, 2001 at 66 FR 36913, 

December 20, 2000 at 65 FR 79745, 

July 17, 2008 at 73 FR 40972, 

March 29, 2005 at 70 FR 15769 and 

May 22, 1997 at 62 FR 27964 

D: February 27, 2008 at 73 FR 10383, 

March 7, 1995 at 60 FR 12438 and 

July 17, 2008 at 73 FR 40972 

E: July 10, 2009 at 74 FR 33146, 

March 29, 2005 at 70 FR 15769, 

July 17, 2008 at 73 FR 40972, 

January 19, 2006 at 71 FR 3009, 

October 30, 2001 at 66 FR 54688, 

July 16, 2001 at 66 FR 36913, 

January 26, 1999 at 64 FR 3841 and 

April 6, 2000 at 65 FR 18003 

F: March 29, 2010 at 75 FR 15348, 

December 22, 1999 at 64 FR 71670, 

March 29, 2005 at 70 FR 15769, 

July 17, 2008 at 73 FR 40972, 

May 22, 1997 at 62 FR 27964 and 

February 27, 2008 at 73 FR 10383 

G: February 10, 2005 at 70 FR 7041 

H: September 6, 2006 at 71 FR 52656 

J: May 22, 1997 at 62 FR 27964, 

 

15 Subchapters C (Control of Sulfuric Acid) and D (Control of Total Reduced Sulfur) are in the EPA-approved 

Texas 111(d) Plan, but not in the SIP. 
9

February 27, 2008 at 73 FR 10383 and 

September 6, 2006 at 71 FR 52698 

30 TAC 117 – Subchapters A-H SC A, F, G: Dec 3, 2008 at 73 FR 73562 

SC C, E, H: Dec 3, 2008 at 73 FR 73562, 

January 14, 2009 at 74 FR 1927 

SC B, D: Dec 3, 2008 at 73 FR 73562, 

January 14, 2009 at 74 FR 1927 and 

July 31, 2009 at 74 FR 38102 

Chapter 118 July 26, 2000 at 65 FR 45915 

2. Ambient air quality monitoring and data analysis system: Section 110(a)(2)(B) requires 

SIPs to include provisions for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and making these data available to EPA upon 

request. 

The State’s response: The TCEQ maintains a network of air quality monitors to collect air 

emissions data that is reported to EPA on a regular basis. TCEQ referenced the following from 

30 TAC as relevant to meet this requirement: 

Chapter 101 General Air Quality Rules 

Chapter 106 Permits by Rule, Subchapter A, General Requirements 

Chapter 111 Control of Air Pollution from Visible Emissions and Particulate Matter 

Chapter 112 Control of Air Pollution from Sulfur Compounds 

Chapter 115 Control of Air Pollution from Volatile Organic Compounds 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

Chapter 117 Control of Air Pollution from Nitrogen Compounds 

EPA analysis: EPA historically has promulgated regulations in 40 CFR 58 (Ambient Air Quality 

Surveillance), indicating the necessary data states need to collect and submit as part of their SIP. 

As the state air pollution control agency, the TCEQ maintains a network of air quality monitors 

per 40 CFR 58.3(a). The air quality surveillance network undergoes annual review and EPA 

approval of the current network was completed on December 23, 2010.16 These monitors meet 

the technical requirements of 40 CFR 58, Subpart B and those that have not been certified as 

meeting the federal requirements are identified as “non-regulatory” monitors.17 The TCEQ 

website posts past and current concentrations of PM2.5 and ozone measured by their network of 

monitors. The State submits air monitoring data to EPA quarterly and certifies the data annually. 

 EPA also approved the Texas enhanced ambient air quality monitoring network of 

Photochemical Assessment Monitoring Stations (PAMS) on October 4, 1994 (59 FR 50502). The 

PAMS network also undergoes annual review and approval by EPA and a copy of the current 

approval, dated October 30, 2009, is in the docket for this rulemaking. 

 

16 A copy of our approval letter is in the docket for this rulemaking. 

17 These include for example, special purpose monitors. Special purpose monitoring is conducted on a frequent basis 

for a variety of reasons: as a tool to supplement state ambient air monitoring networks to obtain information on 

where to locate permanent monitoring stations, to provide additional data in support of pollutant formation and 

transport analyses, or to assess air quality in a particular location. These studies vary in duration from being 

temporary sites needed only during a portion of the year to long-term air pollution studies over a large area. 
10

The rules at 30 TAC Chapters 101, 106, 111, 112, and 115 - 117 address air monitoring 

requirements for owners or operators of proposed sources pursuant to 40 CFR 58.3(c) and are 

evaluated in Section II.6 below, regarding stationary source emissions monitoring and reporting, 

pursuant to the requirements of section 110(a)(2)(F) of the Act. 

We are proposing that the Texas SIP meets the requirements of section 110(a)(2)(B). 

3. Program for enforcement of control measures: Section 110(a)(2)(C) requires states to 

include a program providing for enforcement of the measures described in subparagraph (A), and 

the regulation of the modification and construction of any stationary source within the areas 

covered by the SIP as necessary to assure that the NAAQS are achieved, including a permit 

program as required in part C. 

The State's response: TCEQ has established rules governing the enforcement of control 

measures, including attainment plans and permitting programs that regulate construction and 

modification of stationary sources. TCEQ referenced the following from 30 TAC as relevant to 

meet this requirement: 

Chapter 35 Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters A, B, C, K 

Chapter 101 General Air Quality Rules 

Chapter 106 Permits by Rule, Subchapter A, General Requirements 

Chapter 112 Control of Air Pollution from Sulfur Compounds 

Chapter 115 Control of Air Pollution from Volatile Organic Compounds 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

Chapter 117 Control of Air Pollution from Nitrogen Compounds 

EPA analysis: The Texas Water Code (TWC) provides the TCEQ with enforcement authority per 

TWC 5.013 (addressing jurisdiction of the TCEQ) and 7.002 (enforcement authority). See also 

THSC 382.002(b) and 382.085, which direct the TCEQ to “vigorously” enforce the rules of the 

TCAA expeditiously initiate enforcement actions on any violations. 

The State submitted 30 TAC 35 to EPA for approval into the Texas SIP and EPA will 

evaluate and take action on 30 TAC 35 in a separate rulemaking. 

Enforcement of emissions inventory requirements is provided under 30 TAC 101.10(f). 

Components related to enforcement addressed in 30 TAC 106, 112, 115 and 117 include 

allowable rates, compliance, control plan requirements, actual and allowable emissions, 

monitoring and testing requirements, and control schedules (see Table 2 below; a few of the 

monitoring and testing requirements are listed in Table 4). These rules clarify the boundaries 

beyond which regulated entities in Texas can expect enforcement action. 

New major stationary sources and major18 modifications at existing major stationary 

sources have several requirements under the Act, one of which is to obtain an air pollution 

permit before construction begins. This pre-construction19 permitting process for major 

 

18 A major source is one with the potential to emit at least 100 tons per year (tpy) or 250 tpy, depending upon the 

source, per section 169(1) of the Act. 

19 After construction, the source must obtain an operating permit, also called a Title V permit, as this requirement 

comes from Title V of the Act. Most Title V permits are issued by State and local permitting authorities. These 
11

stationary sources is called new source review (NSR) and is required whether the major source 

or major modification is planned for an area where the NAAQS are exceeded (nonattainment 

areas) or an area where the NAAQS have not been exceeded (attainment and unclassifiable 

areas). In general, permits for sources in attainment areas and for other pollutants regulated under 

the major source program are referred to as PSD permits, while permits for major sources 

emitting nonattainment pollutants and located in nonattainment areas are referred to as 

nonattainment NSR (NNSR) permits. The entire preconstruction permitting program, including 

both the PSD and NNSR permitting programs, is referred to as the NSR program. 

The statutory and regulatory programs that regulate NSR are provided under part C of the 

Act, and 40 CFR 51.160 through 51.166. Part C of the Act requires prevention of significant 

deterioration (PSD) of air quality and is codified at 40 CFR 51.166. The Texas NSR and PSD 

SIPs were initially approved into the SIP on June 24, 1992 (57 FR 28093). Subsequent revisions 

to the PSD program were approved into the SIP on September 9, 1994 (59 FR 46556); August 

19, 1997 (62 FR 44083), September 18, 2002 (67 FR 58697), July 22, 2004 (69 FR 43752), 

March 20, 2009 (74 FR 11851) and September 15, 2010 (75 FR 55978). 

Minor NSR is for pollutants from stationary sources that do not require PSD or nonattainment NSR (NNSR) permits. The purpose of minor NSR permits is to prevent the 

construction of sources that would interfere with attainment or maintenance of a NAAQS or 

violate the control strategy in nonattainment areas. Also, minor NSR permits often contain 

permit conditions to limit the sources emissions to avoid PSD or NNSR. Section 110(a)(2)(C) of 

the Act creates “a general duty on States to include a program in their SIP that regulates the 

modification and construction of any stationary source as necessary to assure that the NAAQS 

are achieved” (70 FR 71612, 71677). EPA provides states with a “broad degree of discretion” in 

implementing their minor NSR programs (71 FR 48696, 48700). The “considerably less 

detailed” regulations for minor NSR are provided in 40 CFR 51.160 through 51.164. EPA has 

determined that Texas’s minor NSR program adopted pursuant to section 110(a)(2)(C) of the Act 

regulates emissions of ozone and its precursors and PM. In its initial SIP approved by EPA on 

May 31, 1972 (37 FR 10842, 10895), Texas provided for review of new sources and 

modification of existing sources and for preventing construction or modification if it would 

result in violations of applicable portions of a control strategy or interfere with attainment or 

maintenance of the NAAQS, without distinguishing between minor and major sources. With 

EPA’s conditional approval of the Texas nonattainment NSR (NNSR) requirements for major 

sources and major modifications in nonattainment areas, March 25, 1980 (45 FR 19231), the 

Texas SIP continued to address minor sources and minor modifications. There have been 

numerous revisions approved for the Texas Minor NSR SIP since 1980. Among many others, 

they include August 13, 1982 (47 FR 35193); September 18, 2002 (67 FR 58697); November 14, 

2003 (68 FR 64543); August 28, 2007 (72 FR 49198), March 8, 2010 (75 FR 10416), and April 

2, 2010 (75 FR 16671). The SIP continues to require preconstruction permits for minor sources 

and minor modifications. 

Texas submitted revisions to their permitting rules at 30 TAC 116 however, that do not 

meet CAA requirements. In a separate actions, EPA finalized disapproval of three revisions to 

the SIP that relate to the NSR and PSD SIPs, concerning: the Texas Qualified Facilities State 

Program,20 because it does not meet the Minor NSR SIP requirements nor does it meet the NSR 

 permits are often called part 70 permits because the regulations that establish minimum standards for State permit 

programs are found in Title 40 of the Code of Federal Regulations (CFR) at part 70 (denoted 40 CFR 70). 

20 See 75 FR 19467, published April 14, 2010. 
12

SIP requirements for a substitute Major NSR SIP revision; the Standard Permit for Pollution 

Control Projects,21 because it does not meet the requirements for a minor NSR SIP revision; and 

the Texas Flexible Permits State Program,22 because it does not meet the Minor NSR SIP 

requirements nor does it meet the NSR SIP requirements for a substitute Major NSR SIP 

revision. While these specific types of permit programs have been disapproved by EPA, TCEQ 

continues to have the authority to issue permits under prior EPA approval of its 1992 NSR 

program. 

Consistent with EPA's November 29, 2005, Phase 2 rule for the 1997 8-hour ozone 

NAAQS (70 FR 71612), Texas submitted a SIP revision on March 11, 2011, to modify its PSD 

program to address NOx as an ozone precursor. The 2011 SIP revision included revisions to 

regulate NOx emissions in the Texas PSD permit program as a precursor to ozone. The revisions: 

• include NOx as an ozone precursor in the definition of Regulated NSR pollutant; 

• add that a major source that is major for NOx shall be considered major for ozone in the 

definition of Major stationary source; and 

• include a NOx emissions rate of 40 tons per year in the definition of Significant. 

These revisions are evaluated in Appendix A to this TSD and EPA is proposing approval of these 

revisions. 

EPA’s PSD regulations require an ambient impact analysis for ozone for proposed major 

stationary sources and major modifications to obtain a PSD permit (40 CFR 51.166(k), (l) and 

(m) and 40 CFR 52.21(k), (l) and (m)). The Texas rules at 30 TAC 116.160 - .163 meet these 

requirements for PSD and were approved into the SIP on June 24, 1992 (57 FR 28093), as 

revised September 9, 1994 (59 FR 46556), September 27, 1995 (60 FR 49781), August 19, 1997 

(62 FR 44083), July 22, 2004 (69 FR 43752); March 20, 2009 (74 FR 11851); and September 15, 

2010 (75 FR 55978). The Texas PSD SIP meets these requirements by incorporating by 

reference 40 CFR 52.21 (k) and (m) and including the following rule at 116.160(d) that EPA 

found meets 40 CFR 51.166(l): “All estimates of ambient concentrations required under this 

subsection shall be based on the applicable air quality models and modeling procedures specified 

in the EPA Guideline on Air Quality Models, as amended, or models and modeling procedures 

currently approved by the EPA for use in the state program, and other specific provisions made 

in the prevention of significant deterioration state implementation plan. If the air quality impact 

model approved by the EPA or specified in the guideline is inappropriate, the model may be 

modified or another model substituted on a case-by-case basis, or a generic basis for the state 

program, where appropriate. Such a change shall be subject to notice and opportunity for public 

hearing and written approval of the administrator of the EPA.” The Texas rule does not name 40 

CFR Part 51, Appendix W, as 40 CFR 51.166(l) does, but Appendix W codifies the Guideline on 

Air Quality Models, which is named in the Texas rule, and Section 1.0.a of Appendix W states, 

in part: “The Guideline recommends air quality modeling techniques that should be applied to 

[SIP] revisions for existing sources and to [NSR], including [PSD]. Applicable only to criteria air 

pollutants, it is intended for use by EPA Regional Offices in judging the adequacy of modeling 

analyses performed by EPA, state and local agencies and by industry. [...] The Guideline is not 

intended to be a compendium of modeling techniques. Rather, it should serve as a common 

measure of acceptable technical analysis when supported by sound scientific judgment.” 

Appendix W Section 5.2.1 includes the Guideline recommendations for models to be 

utilized in assessing ambient air quality impacts for ozone. Specifically, Section 5.2.1.c: 

 

21 See 75 FR 56424. 

22 See 75 FR 41311, published July 10, 2010. 
13

“Estimating the Impact of Individual Sources. Choice of methods used to assess the impact of an 

individual source depends on the nature of the source and its emissions. Thus, model users 

should consult with the Regional Office to determine the most suitable approach on a case-bycase basis (subsection 3.2.2).” Due to the complexity of modeling ozone and the dependency on 

the regional characteristics of atmospheric conditions, EPA believes this is an appropriate 

approach rather than specifying one particular preferred model nationwide, which may not be 

appropriate in all circumstances. Instead, the choice of method “depends on the nature of the 

source and its emissions.” (Appendix W Section 5.2.1.c.) Therefore, EPA continues to believe it 

is appropriate for permitting authorities to consult and work with EPA Regional Offices as 

described in Appendix W, including sections 3.0.b and c, 3.2.2 and 3.3, to determine the 

appropriate approach to assess ozone impacts for each PSD required evaluation. Although EPA 

has not selected one particular preferred model in Appendix A of Appendix W (Summaries of 

Preferred Air Quality Models) for conducting ozone impact analyses for individual sources, state 

and local permitting authorities must comply with the appropriate PSD FIP or SIP requirements 

with respect to ozone. In recent EPA actions, some have raised concerns that the lack of a 

preferred model for ozone has resulted in the belief that no modeling is required or use of 

inappropriate models is allowed. This underscores the need for consultation with the EPA 

Regional office. States should not be using inappropriate analytical tools in this context. The use 

of “Scheffe Tables” and other particular screening techniques, which involve ratios of NOx to 

VOC that do not consider the impact of biogenic emissions, or that use other outdated or 

irrelevant modeling, is inappropriate to evaluate a single source’s ozone impacts on an air quality 

control region. More scientifically appropriate screening and refined tools are available and 

should be considered for use. Therefore, states should consult and work with EPA Regional 

Offices as described in Appendix W on a case-by-case basis to determine the appropriate method 

for estimating the impacts of these ozone precursors from individual sources. 

For ozone, a proposed emission source’s impacts are dependent upon local meteorology 

and pollution levels in the surrounding atmosphere. Ozone is formed from chemical reactions in 

the atmosphere. The impact of a new or modified source can have on ozone levels is dependent, 

in part, upon the existing atmospheric pollutant loading already in the region with which 

emissions from the new or modified source can react. In addition, meteorological parameters 

such as wind speed, temperature, wind direction, solar radiation influx, and atmospheric stability 

are also important factors. The more sophisticated analyses consider meteorology and 

interactions with emissions from surrounding sources. EPA has not identified an established 

modeling system that would fit all situations and take into account all of the additional local 

information about sources and meteorological conditions. 

The Texas SIP meets the federal PSD SIP modeling requirements for sources that are 

major for ozone because the state rules approved by EPA into the SIP include the federal 

requirements. The assessment of ozone impacts should be done in consultation with the EPA 

Regional Office. The Texas SIP must also provide that any net emissions increase of 100 tpy or 

more of VOCs or NOx subject to PSD would be required to perform an ambient impact analysis, 

including the gathering of ambient air quality data, per 40 CFR 52.21 k, l, m, and (i)(5)(i)(f). The 

Texas rules at 30 TAC 116.160(c)(2)(A) incorporate by reference the requirements for PSD at 40 

CFR 52.21(c)-(k), were approved into the SIP at 75 FR 55978 and thus meet this federal 

requirement. 

As noted in Section I.D above, Texas does not have adequate legal authority to address 

the new GHG PSD permitting requirements at statutory levels of emissions and thus, the Texas 
14

SIP does not satisfy this portion of section 110(a)(2)(C). We are proposing to disapprove the 

Texas infrastructure SIP for the 1997 ozone and the 1997 and 2006 PM2.5 NAAQS with respect 

to the GHG requirement of section 110(a)(2)(C). EPA’s disapproval of this infrastructure 

element here does not engender an additional statutory obligation, because EPA promulgated a 

FIP for the Texas PSD program related to permitting GHGs at or above the Tailoring Rule 

thresholds (76 FR 25178). This FIP will remain in place until Texas submits and EPA approves 

revisions that address the disapproved elements. 

We are proposing to approve the Texas infrastructure SIP for the 1997 ozone and the 

1997 and 2006 PM2.5 NAAQS with respect to section 110(a)(2)(C), except as it relates to GHGs. 

Table 2: Texas rules relevant to meeting section 110(a)(2)(C), as submitted by TCEQ: 

Section of SIP Referenced in Texas’ Submittal EPA Approval/FR Citation 

30 TAC 101.10(f) August 26, 1994 at 59 FR 44036 

30 TAC 106, Subchapter A: General Requirements November 14, 2003 at 68 FR 64548 

Chapter 112 February 18, 1997 at 62 FR 07163 and 

August 30, 1993 at 58 FR 45456 

Chapter 11523 (also see Table 4) 

Chapter 116 (citations in discussion above Table 2) 

30 TAC 117.2035 

30 TAC 117, Subchapter G - General Monitoring 

and Testing Requirements

July 31, 2009 at 74 FR 38102 

December 3, 2008 at 73 FR 73562 

4. Interstate transport, and interstate and international pollution abatement: Section 

110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 

110(a)(2)(D)(i) addresses interstate transport and requires SIPs to include provisions prohibiting 

any source or other type of emissions activity in one state from contributing significantly to 

nonattainment, interfering with maintenance of the NAAQS in another state, or from interfering 

with measures required to prevent significant deterioration of air quality or to protect visibility in 

another state. Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, 

and requires SIPs to include provisions insuring compliance with sections 115 and 126 of the 

Act, relating to interstate and international pollution abatement. 

The State's response: Texas is included in the CAIR for PM2.5, but not for ozone, and submitted 

to EPA a SIP revision to implement CAIR. The TCEQ is in the process of revising the CAIR SIP 

to account for federal rule revisions and state legislative changes. Additionally, since Texas was 

not included in the CAIR for ozone, the TCEQ is preparing a SIP revision relating to transport in 

compliance with EPA’s Finding of Failure to Submit.24 TCEQ referenced the following from 30 

TAC as relevant to meet this requirement: 

Chapter 101 General Air Quality Rules 

Chapter 122 Subchapter E, Division 2, Clean Air Interstate Rule 

Chapter 122 Subchapter E, Division 3, Clean Air Mercury Rule 

 

23 Individual sections are too numerous to list here, but include emissions specifications, control and alternate 

control requirements, inspection and monitoring schedules, compliance schedules and more. For the full list, 

including EPA approval dates and citations, see Table 4 below. 

24 See 70 FR 21147, April 25, 2005. 
15

EPA analysis: 

Interstate transport, 110(a)(2)(D)(i): As noted above, the interstate transport portion of 

section 110(a)(2)(D)(i) prohibits any source or other type of emissions activity within the State 

from emitting any air pollutant in amounts which will (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national 

primary or secondary ambient air quality standard, or (II) interfere with measures required to be 

included in the applicable implementation plan for any other State under part C of this 

subchapter to prevent significant deterioration of air quality or to protect visibility. 

On May 1, 2008, we received a SIP revision from Texas intended to address the 

requirements of section 110(a)(2)(D)(i) for both the 1997 8-hour ozone and 1997 PM2.5

standards. In its submission, Texas stated that its NSR program for major sources satisfies this 

requirement. As noted in Section II.3 above, Texas has an approved NSR program (57 FR 

28093, 62 FR 44083, 67 FR 58697, 69 FR 43752 74 FR 11851 and 75 FR 55978). With the May 

1, 2008 submission, the state would meet the element under section 110(a)(2)(D)(i)(II) that 

prohibit sources from emitting pollutants that will interfere with measures required to prevent 

significant deterioration of air quality in other states, except as they relate to GHGs. We are 

proposing to disapprove the portion of the Texas Interstate Transport SIP provisions that address 

the requirement of section 110(a)(2)(D)(i)(II), as it relates to GHGs, that emissions from sources 

in Texas do not interfere with measures required in the SIP of any other state under part C of the 

CAA to prevent significant deterioration of air quality. 

The Texas SIP to address the Clean Air Interstate Rule (CAIR, approved into the Texas 

SIP at 72 FR 41453) and the revised Texas CAIR SIP (submitted March 4, 2010) will be 

evaluated in light of the EPA’s Cross-State Air Pollution Rule (CSAPR), which found that Texas 

(and 26 other states in the eastern half of the United States) must significantly improve air 

quality by reducing power plant emissions that cross state lines and contribute to ground-level 

ozone and fine particle pollution in other states.25 The EPA addresses section 110(a)(2)(D)(i)(I) 

for Texas under the CSAPR. 

We will address the protection of visibility requirement of 110(a)(2)(D)(i)(II) when EPA 

completes its review of the Texas regional haze SIP revision submitted on March 19, 2009. 

We are proposing to approve the portion of the Texas Interstate Transport SIP provisions 

that address one requirement of section 110(a)(2)(D)(i)(II), that emissions from sources in Texas 

do not interfere with measures required in the SIP of any other state under part C of the CAA to 

prevent significant deterioration of air quality, except as it relates to GHGs. 

We are proposing to disapprove the portion of the Texas Interstate Transport SIP 

provisions that address one requirement of section 110(a)(2)(D)(i)(II), that emissions from 

sources in Texas do not interfere with measures required in the SIP of any other state under part 

C of the CAA to prevent significant deterioration of air quality, as it relates to GHGs. 

Interstate and international pollution abatement, 110(a)(2)(D)(ii): Section 115 of the Act 

addresses international air pollution: (a) Endangerment of public health or welfare in foreign 

countries from pollution emitted in the United States; (b) Prevention or elimination of 

 

25 76 FR 48208 
16

endangerment; and (c) Reciprocity.26 We have not been made aware of any submissions 

indicating reports, surveys, or studies from a duly constituted international agency pursuant to 

CAA section 115 with respect to emissions in Mexico originating from Texas, thus we are 

proposing that the Texas SIP meets this portion of section 110(a)(2)(D)(ii). 

Section 126 of the Act addresses interstate pollution abatement and section 126(a) 

requires that each applicable implementation plan shall require each major proposed new or 

modified source to notify neighboring states of potential impacts from the source. The Texas SIP 

addresses section 126 of the Act under their PSD rules at 30 TAC 116, Division 3 (Public 

Notice). Specifically, 30 TAC 116.131 provides that public notice be provided “[...] for any 

permit subject to the FCAA, Title I, Part C or D, or to Title 40 Code of Federal Regulations 

(CFR), Part 51.165(b).” Furthermore, the rules at 30 TAC 116.134 provide that “[...] the permit 

applicant shall furnish a copy of such notices and date of publication to [...] the air pollution 

control agency of any nearby state in which air quality may be adversely affected by the 

emissions from the new or modified facility.” These rules were adopted into the Texas SIP on 

September 18, 2002 (67 FR 58709) and address section 126(a)(1)(A) and (B) of the Act. 

Section 126(b) of the Act provides that any state or political subdivision may petition the 

Administrator for a finding that any major source or group of stationary sources emits or would 

emit any air pollutant in violation of the prohibition of section 110(a)(2)(D)(ii) of this title or this 

section. Within 60 days after receipt of any petition under this subsection and after public 

hearing, the Administrator shall make such a finding or deny the petition. We have not been 

made aware of any such pending actions pursuant to CAA section 126(b), thus we are proposing 

that the Texas SIP meets this portion of section 110(a)(2)(D)(ii). 

We are proposing that the Texas SIP meets the requirements of section 110(a)(2)(D)(ii). 

5. Adequate resources and authority: Section 110(a)(2)(E) requires states to provide for 

adequate personnel, funding, and legal authority under state law to carry out its SIP and related 

issues. 

The State’s response: The TCEQ has consistently included assurances in SIP revisions that the 

State has adequate personnel, funding, and authority under state law to carry out the SIP. The 

TCEQ has various Memoranda of Understanding with other state and local agencies. Local 

governments have their own responsibilities and privileges regarding the protection of air quality 

as established by the Texas legislature. TCEQ referenced the following from 30 TAC as relevant 

to meet this requirement: 

Chapter 7 Memoranda of Understanding 

Chapter 101 General Air Quality Rules 

Chapter 106 Permits by Rule, Subchapter A, General Requirements 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

EPA analysis: Each SIP must show that the state has legal authority to carry out the plan (40 

CFR 51.230). Texas SIP revisions include a discussion on legal authority, with reference to the 

 

26 Section 115(c) provides that this section shall apply only to a foreign country which the Administrator determines 

has given the United States essentially the same rights with respect to the prevention or control of air pollution 

occurring in that country as is given that country by this section. 
17

TCAA. The TCAA was adopted into the Texas SIP in 1981 (46 FR 61124). The TCAA names 

the Texas Air Control Board (TACB) as the state air control agency, with principal authority in 

the state on matters relating to the quality of air resources. In 1991, the Texas Legislature 

abolished the TACB and its powers, duties, responsibilities and functions were transferred to the 

Texas Natural Resource Conservation Commission (TNRCC). In 2001, the Texas Legislature 

changed the name of the TNRCC to the Texas Commission on Environmental Quality (TCEQ or 

Commission). The TCAA is now codified under the Texas Health and Safety Code (THSC), 

Chapter 382. The current version of the TCAA, which pertains to the TCEQ and is codified 

under the THSC, retains the authorities approved into the SIP in 1981. The TCAA charges the 

Commission with preparing and developing the SIP (see THSC section 382.012), and provides 

the agency with “[...] powers necessary or convenient to carry out its responsibilities.” (ibid.) 

To address funding, the TCAA at section 382.0622 provides that “[t]he commission shall 

request the appropriation of sufficient money to safeguard the air resources of the state.” In 

addition, the first chapter of a Texas SIP revision27 typically addresses fiscal and staff resources, 

usually at the end of the chapter, with the following statement, “The state has determined that its 

fiscal and manpower resources are adequate and will not be adversely affected through the 

implementation of this plan.” The State has provided these assurances in SIP submittals 

approved by EPA.28

The TCEQ has the authority to collect fees for applications, permits, and inspections 

pursuant to THSC section 382.062 and thus receives fees for such, as well as for penalties and 

interest on fees owed. These fees are discussed in detail below, in section II.11, regarding 

permitting fees (Section 110(a)(2)(L)). The state also has authority to collect fees for vehicle 

inspection and maintenance (I/M) programs in several nonattainment areas and in the Austin area 

under THSC sections 382.202 and 382.302. These rules are approved in the TX SIP and are 

found at 30 TAC 114.53 (71 FR 52670) and 114.87 (70 FR 45542). 

The TCEQ also receives federal funds, authorized pursuant to sections 103 and 105 of the 

Act. The section 103 funds support specific, non-recurring projects within the air program, thus 

the amount of funding can vary widely from year to year. The section 105 funds support the 

foundation of the State’s air quality program, including the air monitoring network and annual 

(recurring) air quality program activities. The section 105 funding levels are relatively consistent, 

varying not more than about 10% from year to year. The 105 funds require a 40% match from 

the State, while the 103 funds do not require a match. 

Where the state relies on local or regional government, agency, or instrumentality for the 

implementation of any plan provision, the state has responsibility for ensuring adequate 

implementation of the SIP, codified at 40 CFR 51.232. The TWC declares that the TCEQ is the 

agency of the state given primary responsibility for implementing the constitution and laws of 

this state relating to the conservation of natural resources and the protection of the environment 

at 5.012; rules governing the authority of local governments are provided under THSC 382.111-

115.The TCEQ does not relinquish its responsibilities to local governments. The TCEQ made a 

 

27 The first chapter of a Texas SIP revision typically addresses general information, including, but not limited to: 

background; public involvement and hearing information; social and economic considerations; and fiscal and 

manpower resources. 

28 The DFW Reasonable Further Progress (RFP) SIP to address the 1997 ozone moderate nonattainment area was 

approved on October 7, 2008 (73 FR 58475). See also the approved attainment demonstrations for the three Early 

Action Compact (EAC) areas: on August 19, 2005, the Austin EAC SIP (70 FR 48640) and the Northeast Texas 

EAC SIP (70 FR 48642) were approved; on August 22, 2005, the San Antonio EAC SIP was approved (70 FR 

48877). 
18

reference to 30 TAC 7 (Memoranda of Understanding) in its submittal, which serves to identify 

and clarify the roles of agencies with overlapping responsibilities. The MOU is discussed in 

detail in section II.1 above (regarding enforceable emission limits and other control measures, 

pursuant to section 110(a)(2)(A) of the Act), and also in section II.12 below (regarding 

consultation/participation by affected local entities, pursuant to section 110(a)(2)(M) of the Act). 

The TCEQ commissioners take final action on Texas state rules and their eligibility to 

serve as commissioner is subject to section 128 of the Act. Section 128 requires that, (1) any 

board or body which approves permits or enforcement orders shall have at least a majority of 

members who represent the public interest and do not derive any significant portion of their 

income from persons subject to permits or enforcement orders under this chapter, and (2) any 

potential conflicts of interest by members of such board or body or the head of an executive 

agency with similar powers be adequately disclosed. The three commissioners of the TCEQ are 

appointed by the governor to represent the general public and their suitability and conduct are 

prescribed by the Texas Water Code (TWC). The state rules that address section 128 of the Act 

are found in the TWC, Title 2 (Water Administration), Subtitle A (Executive Agencies), Chapter 

5 (Texas Natural Resource Conservation Commission), Subchapter C (Texas Natural Resource 

Conservation Commission), §5.053: Eligibility for Membership; §5.054: Removal of 

Commission Members; §5.059: Conflict of Interest; §5.060: Lobbyist Prohibition; and 

Subchapter D (General Powers and Duties of the Commission), §5.111: Standards of Conduct. In 

1981, the EPA approved into the SIP the Standards of Conduct of State Officers and Employees 

(Texas Revised Civil Statute Annotated, Article 6252-9b) (46 FR 61124). The current TWC 

rules retain the standards of conduct for state officers and employees approved in 1981. 

We are proposing that the Texas SIP meets the requirements of section 110(a)(2)(E). 

6. Stationary source emissions monitoring and reporting: Section 110(a)(2)(F) requires, as 

may be prescribed by the Administrator, (i) the installation, maintenance and replacement of 

equipment, and the implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts 

of emissions and emissions-related data from such sources, and (iii) correlation of such reports 

by the State agency with any emission limitations or standards established pursuant to this Act, 

which reports shall be available at reasonable times for public inspection. 

The State's response: The TCEQ requires monitoring for air pollutants as part of its new source 

review permit program. Certain emission sources are required to submit annual emission 

inventories, and periodic reporting of emissions, which provides data that is used in air quality 

modeling to help Texas prepare attainment demonstration plans. Emission data is available at 

reasonable times for public inspection, with some information also available on the agency web 

site. TCEQ referenced the following from 30 TAC as relevant to meet this requirement: 

Chapter 101 General Air Quality Rules 

Chapter 106 Permits by Rule, Subchapter A, General Requirements 

Chapter 111 Control of Air Pollution from Visible Emissions and Particulate Matter 

Chapter 112 Control of Air Pollution from Sulfur Compounds 

Chapter 115 Control of Air Pollution from Volatile Organic Compounds 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

Chapter 117 Control of Air Pollution from Nitrogen Compounds 
19

EPA analysis: The Texas Clean Air Act (TCAA) provides the TCEQ with authority to require 

monitoring and recordkeeping at section 382.016. The authority to require the submittal of 

emissions data to develop an emissions inventory is provided at section 382.014. 

 30 TAC Chapters 101, 106, 111, 112, and 115 - 117 address air monitoring requirements 

for owners or operators of proposed sources, pursuant to 40 CFR 58.3(c). These chapters are in 

the SIP and include sampling, sampling procedures, emission monitoring and compliance 

demonstration, reporting, recordkeeping, and provides for enforcement. These source monitoring 

program requirements generate data for ozone and PM2.5 and their precursors. 

The TCEQ collects and analyzes emissions data from point, area, mobile, and biogenic 

(natural) sources. The TCEQ uses this data to track progress towards attaining the NAAQS, 

develop control and maintenance strategies, identify sources and general emission levels, and 

determine compliance with state and federal requirements. Texas emissions data are available on 

the TCEQ website (www.tceq.texas.gov/agency/air_main.html). A list of the State’s SIPapproved rules is provided in Table 4 below. 

 The National Emissions Inventory (NEI) is EPA’s central repository for air emissions 

data. EPA published the Air Emissions Reporting Rule (AERR) on December 5, 2008, which 

modified the requirements for collecting and reporting air emissions data (73 FR 76539). The 

AERR shortened the time states had to report emissions data from 17 to 12 months, giving states 

one calendar year to submit emissions data. All states are required to submit a comprehensive 

emissions inventory (EI) every three years and report emissions for certain larger sources 

annually through EPA’s online Emissions Inventory System. States report emissions data for the 

six criteria pollutants and the precursors that form them – NOx, SO2, ammonia, lead, carbon 

monoxide, PM, and VOCs. Many states also voluntarily report emissions of hazardous air 

pollutants. EPA compiles the emissions data, supplementing it where necessary, and releases it to 

the general public through the website www.epa.gov/ttn/chief/eiinformation.html. 

In addition to the chapters provided in the state’s submittal to meet section 110(a)(2)(F), 

we note that 30 TAC 19 includes additional reporting of emissions data and provides for 

electronic submittal of emissions data. Per 30 TAC 19, Texas collects additional data related to 

emissions from stationary sources and requires sources in regions that are in violation of a 

NAAQS to report typical daily emissions of ozone precursor gases during the summer months. 

The state may electronically report documents required under federally authorized programs and 

designated state programs, including emissions inventories from stationary sources.29

There are two additional requirements that Texas must meet regarding emissions 

inventories: the EI requirement for nonattainment areas, and the requirement to submit annual EI 

data to EPA’s NEI database. For the Beaumont-Port Arthur (BPA), Dallas-Fort Worth (DFW) 

and Houston ozone nonattainment areas, the TCEQ submitted EI SIPs with a 2002 base year 

which included NOx and VOC data. Table 3 below lists each SIP and the citations for EPA 

approval. The TCEQ is current with their submittals to the NEI database; the 2008 data was 

submitted to EPA in 2010. The State’s emissions data are also available on EPA’s AirData 

 

29 On October 13, 2005 EPA published the final Cross Media Electronic Reporting Rule (CROMERR, see 70 FR 

59848). CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and 

establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. 

Subpart D of the CROMERR requires states, tribal or local government agencies that receive or wish to receive 

electronic reports under their EPA-authorized programs to apply to EPA for a revision to those programs and get 

EPA’s approval. On February 26, 2007 Texas submitted to EPA revisions to the emissions inventory reporting 

regulations. The revisions allow for electronic reporting of emissions consistent with CROMERR. 
20

website, which provides access to air pollution data for the entire United States and can produce 

reports and maps of air pollution data based on criteria specified by the user 

(www.epa.gov/air/data/index.html). 

Table 3: EPA Approved Emission Inventories 

Area EPA Approval/FR Citation 

BPA October 20, 2010 at 75 FR 64675 

DFW August 15, 2008 at 73 FR 47835 

DFW (revised EI) October 7, 2008 at 73 FR 58475 

Houston April 22, 2009 at 74 FR 18298 

Procedures for obtaining and maintaining data on actual emissions reductions achieved as 

a result of implementing TCMs were approved by EPA and adopted into the Texas SIP on 

December 5, 2002 (67 FR 72379). Pursuant to the 2002 rulemaking, 30 TAC 114.270(c) requires 

that all TCMs be developed, coordinated, funded, approved, implemented, tracked, evaluated, 

and monitored in accordance with 30 TAC 114.260 (relating to Transportation Conformity). 

Requirements for stationary sources subject to emission standards as part of an applicable 

plan to install, calibrate, maintain, and operate equipment for continuously monitoring and 

recording emissions are provided in the Texas SIP. References are provided in Table 4 below. 

We are proposing that the Texas SIP meets the requirements of section 110(a)(2)(F). 

Table 4: Texas rules relevant to meeting section 110(a)(2)(F), as submitted by TCEQ: 

Section of SIP Referenced in Texas’ Submittal EPA Approval/FR Citation 

30 TAC 19: Electronic Reporting July 23, 2010 at 75 FR 43062 

30 TAC 101.10: Emission Inventory Requirements 

30 TAC 101.8: Sampling 

30 TAC 101.14: Sampling Procedures & Terminology 

July 23, 2010 at 75 FR 43062 

January 27, 1982 at 47 FR 3767 

June 22, 1973 at 38 FR 16568 

30 TAC 106.6: Registration of Emissions 

30 TAC 106.8: Recordkeeping 

November 14, 2003 at 68 FR 64548 

111.111: Requirements for Specified Sources May 8, 1996 at 61 FR 20732 and 

January 18, 1994 at 59 FR 2532 

112.1: Definitions 

112.2: Compliance, Reporting, and Recordkeeping 

August 30, 1993 at 58 FR 45456 

Subchapter B: General VOC Sources 

115.116: Monitoring & Recordkeeping Requirements 

115.126: Monitoring & Recordkeeping Requirements 

115.136: Monitoring & Recordkeeping Requirements 

115.144: Inspection & Monitoring Requirements 

115.146: Recordkeeping Requirements 

115.156: Monitoring & Recordkeeping Requirements 

115.166: Monitoring & Recordkeeping Requirements 

Subchapter C: VOC Transfer Operations 

115.216: Monitoring & Recordkeeping Requirements 

Subchapter D: Petroleum Refining, Natural Gas 

Processing, and Petrochemical Processes 

115.316: Monitoring & Recordkeeping Requirements 

March 29, 2010 at 75 FR 15348 

February 27, 2008 at 73 FR 10383 

February 27, 2008 at 73 FR 10383 

February 27, 2008 at 73 FR 10383 

December 20, 2000 at 65 FR 79745 

May 22, 1997 at 62 FR 27964 

February 27, 2008 at 73 FR 10383 

January 19, 2006 at 71 FR 3009 

SC D, as listed in left column: 

February 27, 2008 at 73 FR 10383 
21

115.354: Monitoring & Inspection Requirements 

115.356: Recordkeeping Requirements 

Subchapter E: Solvent-Using Processes 

115.426: Monitoring & Recordkeeping Requirements 

115.436: Monitoring & Recordkeeping Requirements 

115.446: Monitoring & Recordkeeping Requirements 

Subchapter F: Miscellaneous Industrial Sources 

115.536: Monitoring & Recordkeeping Requirements 

115.546: Monitoring & Recordkeeping Requirements 

Subchapter H: Highly-Reactive VOCs 

115.725: Monitoring & Testing Requirements 

115.726: Recordkeeping & Reporting Requirements 

115.764: Monitoring & Testing Requirements 

115.766: Recordkeeping & Reporting Requirements 

115.781: General Monitoring/Inspection Requirements 

115.786: Recordkeeping Requirements 

SC E, as listed in left column: 

January 19, 2006 at 71 FR 3009 

SC F: 

May 22, 1997 at 62 FR 27964 

March 29, 2010 at 75 FR 15348 

SC H, as listed in left column: 

September 6, 2006 at 71 FR 52656 

7. Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode provisions in their SIPs. 

The State’s response: The TCEQ may issue emergency orders, or issue or suspend air permits as 

required by an air pollution emergency. In addition, the TCEQ maintains air pollution 

information in a form readily available to the public on the commission’s internet web site at 

http://www.tceq.state.tx.us/compliance/monitoring/air/monops/forecast_today.html. Local 

weather forecasts regularly warn the public about poor air quality days, including ozone alerts in 

all major metropolitan areas. TCEQ referenced the following from 30 TAC as relevant to meet 

this requirement: 

Chapter 35 Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters A, B, C, K 

Chapter 118 Control of Air Pollution Episodes 

EPA analysis: The TCEQ has authority to formulate contingency plans for environmental 

emergencies, pursuant to TWC Chapter 5, Subchapter L, which provides for emergency and 

temporary orders, and TWC Chapter 7, which provides enforcement authority. Texas addresses 

Emergency and Temporary Orders at 30 TAC 3530 and Control of Air Pollution Episodes at 30 

TAC 118. Provisions regarding control of air pollution episodes and the Texas emergency 

episode contingency plan were first approved into the SIP on October 7, 1982 (47 FR 44260). 

Subsequent revisions to this plan were approved on September 6, 1990 (55 FR 36632) and July 

26, 2000 (65 FR 45915). The rules at 30 TAC 118 include contingency plans and were approved 

into the Texas SIP at 65 FR 45915. 

EPA compared the State rules to 40 CFR 51 Subpart H – Prevention of Air Pollution 

Emergency Episodes and Appendix L to Part 51 - Example Regulations for Prevention of Air 

 

30 Revisions to 30 TAC 35, addressing Emergency and Temporary Orders and Permits, have not been approved into 

the Texas SIP. EPA will take action on revisions to 30TAC 35 in a separate rulemaking. 
22

Pollution Emergency Episodes. Subpart H provides a classification system for episode plans. 

Each region in a state is classified separately with respect to each of the following pollutants: 

Sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide, and ozone (40 CFR 

51.150). An area classified as a Priority I region for ozone has ambient concentrations greater 

than 195 micrograms per cubic meter (denoted μg/m3

) or 0.10 ppm for a 1-hour maximum. The 

regulations do not establish Priority II regions for ozone. For particulate matter a Priority I region 

has ambient concentrations greater than 95 μg/m3

 annual geometric mean or 325 μg/m3 for a 24-

hour maximum. A Priority II region is any area which is not a Priority I region and has ambient 

concentrations between 60–95 μg/m3

 annual geometric mean or 150–325 μg/m3 for a 24-hour 

maximum. A Priority IA Region is any area which is Priority I primarily because of emissions 

from a single point source. Areas that do not meet the criteria for Priority I or II are classified 

Priority III. Table 5 below summarizes the classifications for ozone and PM. 

Table 5: Classification of Regions for Episode Plans for Ozone and Particulate Matter 

(40 CFR 51.150) 

Parameter Priority I Priority II Priority III 

Ozone Ambient concentrations 

> 195 μg/m3

 (0.10 ppm) 

1-hour maximum 

Not defined Areas which do not 

meet the criteria for 

Priority I 

Particulate 

matter 

Ambient concentrations 

> 95 μg/m3

 annual geometric 

mean; 325 μg/m3 24-hour 

maximum 

Ambient concentrations 

between 60-95 μg/m3

annual geometric mean; 

150-325 μg/m3

24-hour maximum. 

Areas which do not 

meet the criteria for 

Priority I or II 

The significant harm level (SHL) for the 8-hour ozone NAAQS will remain unchanged as 

0.6 parts per million ozone, 2-hour average, as indicated in 40 CFR 51.151. EPA believes that 

the existing ozone-related provisions of 40 CFR Subpart H remain appropriate. Therefore, EPA 

expects that for purposes of the 1997 8-hour ozone NAAQS, states need only to confirm that 

they have existing emergency episode plan provisions consistent with EPA’s existing regulatory 

requirements.31

The rules at 30 TAC 118 provide for the pollutants specified under 40 CFR 51.150. 

Using 2008-2010 data, areas within Texas meet the classification for Priority 1 for 1-hour ozone. 

We found that 30 TAC 118 is consistent with the provisions of 40 CFR 51.151 and 152, and 

Appendix L to Part 51. The state's rules at 30 TAC 118 are approved into the Texas SIP (65 FR 

45915). 

While the state has appropriate general emergency powers to address PM2.5 related 

episodes, SHLs for PM2.5 are not provided under Subpart H, nor have SHLs for the 1997 PM2.5

standards been proposed by EPA. The Texas SIP has not been revised to address contingency 

plans for PM2.5. To evaluate whether the Texas SIP provides adequate contingency plans for the 

1997 PM2.5 NAAQS, EPA used guidance issued in 2009 for the 2006 PM2.5 NAAQS.32, 33 The 

 

31 October 2, 2007 Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone 

and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy Division, OAQPS. 32 “Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards (NAAQS)”, September 29, 2009 memorandum from William T. Harnett, 

Director, Air Quality Policy Division to Regional Air Division Directors. 
23

2009 Guidance for PM2.5 recommends that a state with at least one monitored 24-hour PM2.5

value exceeding 140.4 μg/m3

 since 2006 establish an emergency episode plan and contingency 

measures to be implemented should such level be exceeded again. Additionally, the 2009 

Guidance for PM2.5 recommends that if no area of a state has exceeded this 140.4 μg/m3

 level 

since 2006 and the state has appropriate general emergency powers to address PM2.5 related 

episodes, then no specific emergency episode plans are necessary at this time given the existing 

monitored levels. The 2006-2010 data for Texas34 do not exceed 140.4 μg/m3

 and have 

consistently remained below the level of 140.4 μg/m3. In fact, these data indicate that levels of 

PM2.5 in Texas have stayed below 100 μg/m3

. In addition, Subpart H at 51.153 provides for 

reevaluation of episode plans and requires that, “States should periodically reevaluate priority 

classifications of all Regions or portion of Regions within their borders. The reevaluation must 

consider the three most recent years of air quality data. If the evaluation indicates a change to a 

higher priority classification, appropriate changes in the episode plan must be made as 

expeditiously as practicable.” The Texas data does not indicate a change to a higher priority, but 

suggests that emergency episode plans for the PM2.5 NAAQS are not needed at this time. 

We are proposing that the Texas SIP meets the requirements of section 110(a)(2)(G). 

8. Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise 

their SIPs in response to changes in the NAAQS, availability of improved methods for attaining 

NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

The State’s response: “Texas regularly revises its SIP in response to revisions in the NAAQS and 

EPA rules. See [section] 110(a)(2)(A), above.” 

EPA analysis: As stated above, the TCAA authorizes the TCEQ to establish the level of quality 

to be maintained in the State’s air and to control the quality of the State’s air by preparing and 

developing a SIP under sections 382.011 and 382.012. The TCAA under section 382.011 further 

provides the TCEQ with “the powers necessary or convenient to carry out its responsibilities.” 

Section 382.017 authorizes the TCEQ to adopt rules and section 382.036 requires that the TCEQ 

“advise, consult, and cooperate with [...] the federal government.” Thus, Texas has the authority 

to revise its SIP as may be necessary to account for revisions of the NAAQS, adopt more 

effective methods of attaining the NAAQS, and respond to EPA SIP calls. We are proposing that 

the Texas SIP meets the requirements of section 110(a)(2)(H). 

9. Consultation, public notice, and PSD and visibility protection: Section 110(a)(2)(J) 

requires states to provide a process for consultation with local governments and Federal Land 

Managers carrying out NAAQS implementation requirements pursuant to section 121 relating to 

consultation. Section 110(a)(2)(J) further requires states to notify the public if NAAQS are 

exceeded in an area and to enhance public awareness of measures that can be taken to prevent 

exceedances. Section 110(a)(2)(J) also requires States to meet applicable requirements of Part C 

related to prevention of significant deterioration and visibility protection. 

The State's response: Texas has an established public participation process for all SIP revisions 

and permitting programs. The TCEQ consults with other state agencies, local agencies, and non-

 33 On October 17, 2006, EPA revised the 24-hour PM2.5 NAAQS from 65 μg/m3

 to 35 μg/m3 (see 71 FR 61144). 34 The PM data are available to the public through the State website (www.tceq.texas.gov/agency/data/pm25.html). 
24

governmental organizations, as well as with the environmental agencies of other states regarding 

air quality concerns. All major sources in Texas are subject to Texas’ SIP approved PSD 

program. Texas is currently preparing a SIP revision to address Regional Haze, including a longterm strategy to address visibility impairment for each Class I area that may be impacted by 

emissions from Texas facilities. TCEQ referenced the following from 30 TAC as relevant to 

meet this requirement: 

Chapter 7 Memoranda of Understanding 

Chapter 35 Emergency and Temporary Orders and Permits; Temporary Suspension or 

Amendment of Permit Conditions; Subchapters A, B, C, K 

Chapter 101 General Air Quality Rules 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

 

EPA analysis: Regarding consultation with government officials, section 110(a)(2)(J) requires 

states to provide a process for consultation with local governments and Federal Land Managers 

carrying out NAAQS implementation requirements pursuant to section 121 of the Act, relating to 

consultation. Section 121(1) addresses any transportation controls, air quality maintenance plan 

requirements or preconstruction review of direct sources of air pollution, and section 121(2)(B) 

addresses measures pertaining to PSD. 

Section 382.036 of the TCAA requires the TCEQ to “advise, consult, and cooperate with 

other state agencies, political subdivisions of the state, [...] other states, the federal government, 

and interested persons or groups concerning [...] air quality control.” In addition, as discussed in 

Sections II.1 and II.12 of this TSD, 30 TAC 7 provides for agreements with other agencies, to 

clarify areas of responsibility. Several MOUs have been approved into the Texas SIP,35 including 

an MOU with TxDOT, described in Section II.1 of this TSD. We are proposing that the Texas 

SIP meets this portion of section 110(a)(2)(J). 

Regarding public notification, section 110(a)(2)(J) requires states to notify the public if 

NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken 

to prevent exceedances. The TCEQ provides air quality forecasts via email notification, which 

advise the public of conditions capable of exceeding the 2008 ozone standard for each day of the 

ozone season36 for each forecast area.37 Texas revised its forecast from the 1997 ozone standard 

to the 2008 ozone standard by May 27, 2008, the effective date of the 2008 ozone standard (see 

73 FR 16436, March 27, 2008). Ozone warning e-mail notifications are generated automatically 

for the Austin, DFW, Houston, and San Antonio areas, about 20 minutes after the hour when the 

monitors measure levels above the 2008 ozone standard. As described in Section II.7 above, 

provisions regarding control of air pollution episodes and the Texas emergency episode 

contingency plan were first approved into the SIP at 47 FR 44260 and revisions to this plan were 

 

35 See footnote 37. 

36 The length of the ozone season in Texas varies depending on location. El Paso and areas in Southeast Texas, 

including Brownsville, Laredo, Corpus Christi, Victoria, Houston and Galveston have an ozone season from January 

through December. Areas in the remainder of the state, including Texarkana, Tyler, Abilene, Wichita Falls, 

Amarillo, Lubbock, Austin, Waco, DFW, San Antonio, Midland, Odessa, and San Angelo have an ozone season 

from March through October. See 62 FR 30270, June 3, 1997 and Table D-3 in 40 CFR Part 58, Appendix D. Texas 

begins its ozone forecasting on May 1, as the weather conditions in March and April have historically been less 

conducive to ozone formation. 

37 There are nine forecast areas: Austin, Beaumont-Port Arthur, Dallas-Fort Worth, Corpus Christi, Victoria, 

Houston-Galveston-Brazoria, San Antonio, El Paso-Juarez, and Tyler-Longview-Marshall. 
25

approved at 55 FR 36632 and 65 FR 45915. We are proposing that the Texas SIP meets this 

portion of section 110(a)(2)(J). 

Regarding PSD and visibility protection: Section 110(a)(2)(J) requires States to meet 

applicable requirements of Part C related to prevention of significant deterioration and visibility 

protection. As detailed in Section II.3 in this TSD (addressing section 110(a)(2)(C)), the Texas 

PSD program, with the exception of GHGs, has been approved into the SIP. EPA is not 

proposing to approve the PSD program in full pursuant to section 110(a)(2)(J) because Texas 

does not have adequate legal authority to implement the PSD permitting program with respect to 

GHG emissions. The State has a FIP for the PSD program related to permitting GHGs at or 

above the Tailoring Rule thresholds (76 FR 25178). Texas included a reference to 30 TAC 101 

as relevant to meeting this infrastructure element, and applicable sections of 30 TAC 101 (e.g., 

101.21) are in the Texas SIP (see 42 FR 27894, June 1, 1977). 

EPA approved the Texas Visibility Protection Plan Long-Term Strategy for Visibility 

Protection on February 23, 1989 (54 FR 7767). The State’s most recent SIP revision addressing 

Regional Haze was submitted to EPA on March 19, 2009, and we will take action on it in a 

separate rulemaking. With regard to the applicable requirements for visibility protection, EPA 

recognizes that states are subject to visibility and regional haze program requirements under 

sections 169A and 169B of the Act. In the event of the establishment of a new NAAQS, 

however, these visibility and regional haze program requirements do not change. Thus, we find 

that there is no new visibility obligation triggered under section 110(a)(2)(J) when a new 

NAAQS becomes effective. We are proposing that the Texas SIP meets the visibility portion of 

section 110(a)(2)(J). 

Regarding PSD and visibility protection, we are proposing to find that the Texas SIP 

meets the requirements of this portion of section 110(a)(2)(J) with respect to the 1997 8-hour 

ozone and 1997 and 2006 PM2.5 NAAQS with the exception of section 110(a)(2)(J) as it relates 

to the GHG component of the PSD program. EPA is proposing disapproval of section 

110(a)(2)(J) as it relates to the GHG component of the PSD program with respect to the 1997 8-

hour ozone and 1997 and 2006 PM2.5 NAAQS. 

10. Air quality modeling and submission of data: Section 110(a)(2)(K) requires that SIPs 

provide for performing air quality modeling for predicting effects on air quality of emissions 

from any NAAQS pollutant and submission of such data to EPA upon request. 

The State’s response: “Air quality modeling is conducted during development of revisions to the 

Texas SIP, as appropriate for the state to demonstrate attainment with required air quality 

standards. Modeling is also a part of the new source review permitting program.” TCEQ 

references 30 TAC 116, Control of Air Pollution by Permits for New Construction or 

Modification. 

EPA analysis: The EPA currently does not have regulations concerning modeling for the SIP 

demonstration purposes, but has issued guidance.38 Modeling and emissions reductions measures 

have been submitted by Texas and approved into the SIP. For example, we reference the air 

modeling and emissions reductions data submitted within the attainment demonstrations for the 

 

38 See EPA’s “Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-hour 

Ozone NAAQS,” October 2005; and “Guidance on the Use of Models and Other Analyses for Air Quality Goals in 

Attainment Demonstrations for Ozone, PM2.5, and Regional Haze,” April 2007. 
26

Early Action Compact (EAC) SIPs for Austin, Northeast Texas and San Antonio.39 Modeling 

and emissions reductions data were also submitted with the attainment demonstration SIP for the 

Dallas/Fort Worth (DFW) 1997 8-hour ozone moderate nonattainment area.40 The measures in 

these four SIPs were approved by EPA and adopted into the SIP. 

As the state indicated, modeling is also part of the NSR permitting program and may be 

required, pursuant to 30 TAC 116.111(a)(2)(G) and (J), 116.160(c)(2)(A) and (B), and 

116.160(d). Modeling for NSR is discussed in Section II.3 above. The rules at 30 TAC 116 listed 

herein are approved in the Texas SIP. 

We are proposing that the Texas SIP meets the requirements of section 110(a)(2)(K). 

11. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source 

to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a 

permit. 

The State's response: TCEQ assesses fees for reviewing permit applications and for enforcing the 

terms and conditions of permits. TCEQ referenced the following from 30 TAC as relevant to 

meet this requirement: 

Chapter 12 Payment of Fees 

Chapter 101 General Air Quality Rules 

Chapter 106 Permits by Rule, Subchapter A, General Requirements 

Chapter 116 Control of Air Pollution by Permits for New Construction or Modification 

EPA analysis: The TCAA authorizes and requires the TCEQ to charge and collect application, 

permit, and inspection fees (THSC 382.062), including fees for permits subject to Titles IV and 

V of the Act, and those not subject to Titles IV and V of the Act (see THSC 382.0621). 

The rules at 30 TAC 12 address penalties and interest on fees owed the state under the 

jurisdiction of TCEQ. The rules at 30 TAC 101.24 and 101.27 address inspection and emissions 

fees, respectively. These rules are enforceable by Texas, but they are not in the SIP and as such, 

are not federally enforceable. 

We were unable to find a reference to fees in 30 TAC 106, Subchapter A, but in 

Subchapter B, Section 106.50 establishes the fee schedule for permits by rule (PBR) and is 

approved in the Texas SIP (March 20, 2009, at 74 FR 11851). Section 106.50 directs PBR 

applicants to submit $100 if classified as a small business, municipality, county, or independent 

school district with a population of 10,000 or fewer residents. All other entities must submit 

$450 with the registration form. Section 106.50 further explains how to submit the fee. The 

registration fee under section 106.50 does not apply if the sole purpose of the registration form is 

to establish federally enforceable emissions limits under section 106.6 or for remediation 

projects conducted under section 106.533. 

30 TAC 116 addresses permitting for new construction or modification, and associated 

fees. The sections in the Texas SIP that address fees are listed in Table 6 below. 

 

39 On August 19, 2005, the Austin EAC SIP (70 FR 48640) and the Northeast Texas EAC SIP (70 FR 48642) were 

approved. On August 22, 2005, the San Antonio EAC SIP was approved (70 FR 48877). 

40 For example, see the DFW attainment demonstration SIP, which received conditional approval and full approval 

on January 14, 2009 (74 FR 1903). 
27

Table 6: Texas rules relevant to meeting section 110(a)(2)(L): 

Relevant Section of the Texas SIP EPA Approval/FR Citation

30 TAC 106.50 Registration Fees for PBR March 20, 2009 at 74 FR 11851 

30 TAC 116.141 Determination of Fees 74 FR 11851 

30 TAC 116.143 Payment of Fees 74 FR 11851 

30 TAC 116.163 PSD Permit Fees 74 FR 11851 

30 TAC 116.313 Renewal Application Fees 74 FR 11851 

30 TAC 116.614 Standard Permit Fees 74 FR 11851 

30 TAC 116.926 Permit Fee January 11, 2011 at 76 FR 1525 

The sections listed in Table 6 above are in the Texas SIP and meet the requirements of section 

110(a)(2)(L). We are proposing that the Texas SIP meets the requirements of section 

110(a)(2)(L). 

12. Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states 

to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

The State’s response: “The TCEQ has several cooperative agreements and Memoranda of 

Understanding [MOU] with various other state and local agencies and organizations. 

Consultation with a variety of different organizations is a regular part of TCEQ’s process of 

developing SIP revisions.” 

EPA analysis: As noted in Section II.9 above, the THSC at section 382.036 requires the TCEQ 

to advise, consult and cooperate with other state agencies, local governments, industry, other 

states and the federal government on air quality issues (46 FR 61124). 

Per 40 CFR 51.240, each SIP must identify organizations, by official title, which will 

participate in developing, implementing and enforcing the plan and the responsibilities of such 

organization. The plan shall include any related agreements or memoranda of understanding 

among the organizations. The TCEQ has a Memoranda of Agreement (MOA) with each of five 

local political subdivisions, including the cities of Dallas and Fort Worth; the Houston Airport 

System; the DFW International Airport Board; and the North Central Texas Council of 

Governments (NCTCOG),41 as listed in Table 7 below. The TCEQ also has a MOU with the 

TxDOT (70 FR 73380), which is described in Section II.1 above. 

Table 7: Memoranda of Agreement in the Texas SIP 

Summary of MOA/MOU EPA Approval/FR Citation

MOA with Houston Airport System to implement reductions in 

NOx emissions for their ground support equipment. 

Nov 14, 2001 at 66 FR 57219 

MOA with Dallas, Fort Worth and DFW International Airport 

(DFWIA) Board to implement reductions in NOx emissions for 

their ground support equipment. 

Apr 22, 2002 at 67 FR 19515 

 

41 See MOA with the Houston Airport System (66 FR 57219, November 14, 2001); MOAs with the cities of Dallas 

and Fort Worth and the DFW International Airport Board (67 FR 19515, April 22, 2002); MOA with the North 

Central Texas Council of Governments (70 FR 20816, April 22, 2005); and MOU with the TX Dept. of 

Transportation (70 FR 73380, December 12, 2005). 
28

MOA with NCTCOG, that NCTCOG will provide emissions 

offsets to the DFWIA for planned airport construction projects. 

Apr 22, 2005 at 70 FR 20816 

These four agreements are in the Texas SIP. We are proposing that the Texas SIP meets 

the requirements of section 110(a)(2)(M). 

III. EPA’s Recommendation

We reviewed the Texas submittal, SIP, and air quality data for ozone and PM2.5 for 

compliance with the infrastructure requirements of sections 110(a)(1) and (2) of the Act for the 

1997 8-hour ozone and 1997 and 2006 PM2.5 standards. We recommend that EPA propose to 

partially approve and partially disapprove the Texas SIP submittals that identify where and how 

the 14 basic infrastructure elements are incorporated in the EPA-approved SIP as specified in 

section 110(a)(2) of the Act for the 1997 8-hour ozone and 1997 and 2006 PM2.5 standards and 

as described in Section III.B below. In addition, we recommend that EPA propose to partially 

approve and partially disapprove the Texas SIP submittals for Interstate Transport as specified in 

section 110(a)(2)(D)(i)(II) of the Act for the 1997 8-hour ozone and PM2.5 standards and as 

described in Section III.C below. 

A. What is a Partial Approval, Partial Disapproval? 

 Section 110(k)(3) of the Act states that EPA may partially approve and partially 

disapprove a SIP submittal if it finds that only a portion of the submittal meets the requirements 

of the Act. We believe that the Texas SIP meets a majority of the requirements of section 

110(a)(2) of the Act and that specific portions of three elements of section 110(a)(2) are not 

met.42 Because the portions proposed for disapproval are independent from those proposed for 

approval, we believe that the Texas Infrastructure SIP can be partially approved and partially 

disapproved. 

 Enforcement of a state regulation (or rule) before and after it is incorporated into the 

federally approved SIP is primarily a state responsibility. However, after the rule is federally 

approved, we are authorized to take enforcement action against violators. Citizens are also 

offered legal recourse to address violations as described in section 304 of the Act. If a state rule 

is disapproved, it is not incorporated into the federally approved SIP, and is not enforceable by 

EPA or by citizens under section 304. In the case of a revision to a federally approved state rule, 

disapproval of the revision means that the underlying rule prior to the state's April 4, 2008 

submittal remains as the federally enforceable requirement. Disapproval of any of the Texas 

infrastructure SIP elements would not trigger sanctions under section 179 of the Act, because the 

submittals are not required by part D of Title I of the Act and are not required by a call for a SIP 

revision under section 110(k)(5) of the Act. However, as noted earlier in this TSD, EPA 

published a finding on March 27, 2008 (73 FR 16205) regarding whether or not states had made 

the section 110(a)(2) submissions for ozone and found that Texas had failed to make a complete 

submission. This finding started a 24-month deadline for promulgation by EPA of a FIP. EPA’s 

disapproval of the infrastructure and transport elements here do not engender an additional 

statutory obligation, because EPA promulgated a FIP for the Texas PSD program related to 

permitting GHGs at or above the Tailoring Rule thresholds (76 FR 25178). This FIP will remain 

in place until Texas submits and EPA approves revisions that address the disapproved 

infrastructure and transport elements (the portions of sections 110(a)(2)(C), 110(a)(2)(J) and 

 

42 The three elements refer to the infrastructure and transport SIP elements discussed in section II above. 
29

110(a)(2)(D)(i)(II) that address PSD). The CSAPR addresses section 110(a)(2)(D)(i)(I) for the 

1997 ozone and 1997 and 2006 PM2.5 NAAQS for Texas.43 We will take action on the remaining 

prong of section 110(a)(2)(D)(i)(II), addressing visibility, in a separate rulemaking. 

B. EPA’s Recommendation on the Section 110(a)(1) and (2) Infrastructure SIP 

Elements 

For the 1997 Ozone and 1997 and 2006 PM2.5 NAAQS, we are proposing approval of the 

following elements:

Emission limits and other control measures, pursuant to section 110(a)(2)(A) of the Act; 

Ambient air quality monitoring/data system, pursuant to section 110(a)(2)(B) of the Act; 

Program for enforcement of control measures, pursuant to section 110(a)(2)(C) of the Act, 

except as it relates to GHGs; 

Interstate transport, pursuant to section 110(a)(2)(D)(ii) of the Act; 

Adequate resources, pursuant to section 110(a)(2)(E) of the Act; 

Stationary source monitoring system, pursuant to Section 110(a)(2)(F) of the Act; 

Emergency power, pursuant to section 110(a)(2)(G) of the Act; 

Future SIP revisions, pursuant to section 110(a)(2)(H) of the Act; 

Consultation with government officials, pursuant to section 110(a)(2)(J) of the Act; 

Public notification, pursuant to section 110(a)(2)(J) of the Act; 

Visibility protection, pursuant to section 110(a)(2)(J) of the Act; 

PSD, pursuant to section 110(a)(2)(J) of the Act, except as it relates to GHGs; 

Air quality and modeling/data, pursuant to section 110(a)(2)(K) of the Act; 

Permitting fees, pursuant to section 110(a)(2)(L) of the Act; 

Consultation/participation by affected local entities, pursuant to section 110(a)(2)(M) of the Act; 

For the 1997 Ozone and 1997 and 2006 PM2.5 NAAQS, we are proposing disapproval of the 

following elements:

Program for enforcement of control measures, pursuant to section 110(a)(2)(C) of the Act, only 

as it relates to GHGs; 

PSD, pursuant to section 110(a)(2)(J) of the Act, only as it relates to GHGs. 

C. EPA’s Recommendation on the Section 110(a)(1) and (2) Transport SIP 

Elements for the 1997 Ozone and PM2.5 NAAQS 

We are proposing to approve the Texas Interstate Transport SIP provisions that address 

the requirement of section 110(a)(2)(D)(i)(II) that emissions from sources in Texas do not 

interfere with measures required in the SIP of any other state under part C of the CAA to prevent 

significant deterioration of air quality, except as they relate to GHGs. We are proposing to 

disapprove the portion of the Texas Interstate Transport SIP provisions that address the 

requirement of section 110(a)(2)(D)(i)(II), as it relates to GHGs, that emissions from sources in 

Texas do not interfere with measures required in the SIP of any other state under part C of the 

CAA to prevent significant deterioration of air quality. We will act on the remaining three 

elements regarding interstate transport, per section 110(a)(2)(D)(i) of the Act in a separate 

rulemaking. 

 

 

43 76 FR 48208 
30

IV. References

1. Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, AQPD, OAQPS, to 

Air Division Directors; dated October 2, 2007. 

2. Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour 

Fine Particle (PM2.5) NAAQS, Memorandum from William T. Harnett, Director, AQPD, 

OAQPS, to Regional Air Division Directors, dated September 25, 2009. 

3. Guidance for State Implementation Plan (SIP) Submission to Meet Current Outstanding 

Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient 

Air Quality Standards” Memorandum from William T. Harnett, Director, AQPD, OAQPS, to 

Regional Air Division Directors; dated August 15, 2006 

4. Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-

hour Ozone NAAQS, October 2005.44

5. Guidance on the Use of Models and Other Analyses for Air Quality Goals in Attainment 

Demonstrations for Ozone, PM2.5, and Regional Haze, April 2007. 

 

 

44 This and other EPA guidance addressing the use of models can be found at 

www.epa.gov/ttn/scram/guidance_sip.htm#8ozone. 
31

Appendix to the Technical Support Document for 

Texas State Implementation Plan 

Infrastructure and Interstate Transport Elements 

Required Under Section 110(a)(2) for the 1997 8-hour Ozone 

and the 1997 and 2006 Fine Particulate Matter (PM2.5) NAAQS 

Section 110(a)(2)(C): NOx as a Precursor to Ozone 

Docket ID EPA-R06-OAR-2008-0638 

September 2011 

Table of Contents: 

I. Introduction 

II. Why is EPA reviewing revisions to 30 TAC 101.1 and 116.12? 

III. Revisions to 30 TAC 116.12 

A. Background 

B. The state’s submittal and EPA’s evaluation 

IV. Revisions to 30 TAC 101.1 

V. EPA’s Recommendations 

I. Introduction 

To meet the requirements of section 110(a)(2)(C) of the Clean Air Act (CAA or Act) for 

the 1997 ozone standard, the Environmental Protection Agency (EPA) believes the State must 

have updated its rules for Prevention of Significant Deterioration (PSD) to treat nitrogen oxides 

(NOx) as a precursor to ozone (70 FR 71612, November 29, 2005). The Texas Commission on 

Environmental Quality (TCEQ) submitted revisions on June 10, 2005 and February 1, 2006 that 

would accomplish this. However, portions of the 2005 and 2006 submittals did not meet federal 

requirements and the provisions for NOx as a precursor were not treated as severable from the 

submittal.45 Thus the revisions were wholly disapproved on September 15, 2010 (75 FR 56424). 

On March 11, 2011, the TCEQ resubmitted the disapproved provisions, together with new 

revisions, in two separate submissions. On May 26, 2011, TCEQ submitted a minor correction to 

one of the March 2011 submittals. We are not taking action on the submittal packages as a 

whole, but on a limited portion, as described below. This Appendix to the Technical Support 

Document (TSD) primarily evaluates the portions of these submittals that address NOx as a 

precursor. 

One of the March 2011 submittals provides revisions to Title 30 of the Texas 

Administrative Code (30 TAC), Chapter 116 – Control of Air Pollution by Permits for New 

Construction or Modification (denoted 30 TAC 116); this submittal will be referred to as “2011-

A”. The other March 2011 submittal includes revisions to two chapters: 30 TAC 101 – General 

Air Quality Rules and 30 TAC 116; this submittal will be referred to as “2011-B”. The May 26, 

2011 submittal provides a non-substantive correction to the 2011-B submittal. These revisions 

 

45 By severable, we mean that the portions of the SIP revision that address NOx as a precursor can be implemented 

independently of the remaining portions of the submittal, without affecting the stringency of the submitted rules. In 

addition, the remaining portions of the submittal are not necessary for approval of the provisions addressing NOx as 

a precursor. 
32

are described in greater detail in Sections II and III of this TSD and are summarized in Tables 1 

and 2 below. The TCEQ provided to EPA the following submissions:

1. Resubmittal of revisions, previously submitted June 10, 2005 (under Rule Project No. 

2005-009-116-AI) and February 1, 2006 (under Rule Project No. 2005-010-116-PR), 

which EPA disapproved at 75 FR 56424;

2. Two separate revisions submitted March 11, 2011, under Rule Project Nos. 2010-008-

116-PR (2011-A) and 2008-030-116-PR (2011-B); and

3. A correction submitted May 26, 2011, for Rule Project No. 2008-030-116-PR. 

Table 1. SIP Submittals Addressed in this Action

Description of SIP 

Submittal 

Texas Rule 

Project Number 

Submitted 

to EPA 

Adopted 

by State 

Effective as 

State Rule 

Rules Addressed in this Action 

NSR for 8-Hour 

Ozone Standard 

2005-009-116-AI 6/10/2005 5/25/2005 6/15/2005 30 TAC 116.12 

Federal NSR Permit 

Rules Reform 

2005-010-116-PR 2/1/2006 1/11/2006 2/1/2006 30 TAC 116.12 

1- Hour Ozone Major 

Source Thresholds 

and Emission Offsets 

2008-030-116-PR 3/11/2011 2/9/2011 3/3/2011 30 TAC 101.1 and 116.12 

(The 2011-B submittal) 

NSR Reform 2010-008-116-PR 3/11/2011 2/9/2011 3/3/2011 30 TAC 116.12 

(The 2011-A submittal) 

Correction 2008-030-116-PR 5/26/2011 2/9/2011 4/22/201146 30 TAC 101.1 

Table 2. Accounting of Texas Rule Revisions Addressed in this Action 

Section – Title Texas Rule 

Project Number 

Submitted to 

EPA 

Adopted 

by State 

Comments 

30 TAC 101.1 – Definitions 2008-030-116-PR 3/11/2011 2/9/2011 Amended paragraphs (54), (70), 

and (88) 

(The 2011-B submittal) 

2008-030-116-PR 5/26/2011 2/9/2011 Correction to paragraph (115) 

30 TAC 116.12 – Nonattainment 

and Prevention of Significant 

Deterioration Review Definitions 

2005-009-116-AI 6/10/2005 5/25/2005 Amended introductory paragraph 

2005-010-116-PR 2/1/2006 1/11/2006 See footnote below.47 

2008-030-116-PR 3/11/2011 2/9/2011 Amended paragraph (18)(A) 

(The 2011-B submittal) 

2010-008-116-PR 3/11/2011 2/9/2011 Amended introductory paragraph 

(The 2011-A submittal) 

This document includes an evaluation of each rule revision, including underline and 

strikeout annotations of the submitted rules to show how each rule is revised and an explanation 

for how each revision meets the requirements for SIP approval under Title 40 of the Code of 

Federal Regulations, part 51 (denoted 40 CFR 51) and the Act.

II. Why is EPA evaluating revisions to both 30 TAC 101.1 and 30 TAC 116.12? 

Section 116.12 of Chapter 116 (denoted §116.12) addresses Nonattainment Review and 

Prevention of Significant Deterioration Review Definitions. This section is revised to add NOx 

as a precursor for PSD. We are evaluating revisions to the title of §116.12 and three definitions 

within §116.12. One of these definitions makes a reference to 30 TAC 101.1(70). Section 

 

46 Date the correction was published in the Texas Register (36 TexReg 2623). 

47 We are evaluating the changes to the title of §116.12; the addition of new paragraph (14); and the renumbering 

and other revisions to paragraphs (10) and (11), renumbered to (17) and (18), respectively. 
33

101.1(70) is also referenced in 30 TAC 101.1(88). Since the cross-referenced sections (or 

paragraphs) must make sense, we had to broaden our review to include submitted revisions to the 

associated paragraphs in §101.1. 

In addition, we are evaluating revisions to subparagraphs and subsections of the three 

definitions in §116.12 because it is easier to maintain the continuity of these definitions by acting 

on revisions to the definition as a whole. 

III. Revisions to 30 TAC 116.12 

A. Background

On July 18, 1997, EPA promulgated a new National Ambient Air Quality Standard 

(NAAQS or standard) for ozone based upon 8-hour average concentrations. This replaced the 

previous 1-hour standard and the level of the NAAQS was changed from 0.12 parts per million 

(ppm) to 0.08 ppm (62 FR 38856). On April 30, 2004 (69 FR 23951), we published a final rule 

that addressed key elements related to implementation of the 1997 8-hour ozone NAAQS 

including, but not limited to revocation of the 1-hour NAAQS and how anti-backsliding 

principles will ensure continued progress toward attainment of the 1997 8-hour ozone NAAQS 

(Phase I Rule). We codified the anti-backsliding provisions governing the transition from the 

revoked 1-hour ozone NAAQS to the 1997 8-hour ozone NAAQS in 40 CFR 51.905(a). The 1-

hour ozone major nonattainment NSR SIP requirements indicated that certain 1-hour ozone 

requirements were not part of the list of anti-backsliding requirements provided in 40 CFR 

51.900(f). 

On December 22, 2006, the D.C. Circuit vacated the Phase 1 Implementation Rule in its 

entirety. South Coast Air Quality Management District, et al., v. EPA, 472 F.3d 882 (D.C. Cir. 

2006), rehearing denied 489 F.3d 1245 (2007) (clarifying that the vacatur was limited to the 

issues on which the court granted the petitions for review). EPA requested rehearing and 

clarification of the ruling and on June 8, 2007, the Court clarified that it was vacating the rule 

only to the extent that it had upheld petitioners’ challenges. Thus, the Court vacated the 

provisions in 40 CFR 51.905(e) that waived obligations under the revoked 1-hour standard for 

NSR. The court’s ruling, therefore, maintains major nonattainment NSR applicability thresholds 

and emission offsets pursuant to classifications previously in effect for areas designated 

nonattainment for the 1-hour ozone NAAQS. 

As noted earlier, the TCEQ submitted revisions to 30 TAC 116 in 2005 and 2006 that 

EPA disapproved at 75 FR 56424. The 2005 and 2006 submissions related to the transition from 

the major nonattainment NSR requirements applicable for the 1-hour ozone NAAQS to the 

major nonattainment NSR requirements applicable to the 1997 8-hour ozone NAAQS. Texas’s 

revisions at 30 TAC 116.12(18)(A) (i.e., footnote 6 in Table I under the definition of “major 

modification”) effective as state law on June 15, 2005, provide that for “the Houston-GalvestonBrazoria, Dallas-Fort Worth, and Beaumont-Port Arthur eight hour ozone nonattainment areas, if 

the [EPA] promulgates rules requiring new source review permit applications in these areas to be 

evaluated for nonattainment new source review according to the area’s one-hour standard 

classification,” then “each application will be evaluated according to that area’s one-hour 

standard classification” and “[...] the de minimis threshold test (netting) is required for all 

modifications to existing major sources of VOC or NOx in that area.” Footnote 6 adds a new 

requirement for an affirmative regulatory action by EPA on the reinstatement of the 1-hour 

ozone NAAQS major nonattainment NSR requirements before the legally applicable major 

nonattainment NSR requirements under the 1-hour ozone standard will be implemented in the 
34

Texas 1-hour ozone nonattainment areas.48 Clearly, the submitted revisions to 30 TAC 

116.12(18)(A) at footnote 6 do not comport with the South Coast decision. 

The court opinion reached through the South Coast decision maintains the lower 

applicability thresholds and more stringent offset ratios for a 1-hour ozone nonattainment area 

whose classification under that standard was higher than its nonattainment classification under 

the 8-hour standard. In the submitted rule revision, the lower applicability thresholds and more 

stringent offset ratios for a classified 1-hour ozone nonattainment area would not be required in a 

Texas 1-hour ozone nonattainment area unless and until EPA promulgated a rulemaking 

implementing the South Coast decision. EPA proposed that the Texas revision relaxes the 

requirements of the approved SIP and we stated that EPA lacks sufficient information to 

determine whether this relaxation would not interfere with any applicable requirement 

concerning attainment and reasonable further progress, or any other applicable requirement of 

the Act (see 74 FR 48467, at 48473)49 and our disapproval was finalized at 75 FR 56424. 

However, while the 2005 revision fails to comply with the CAA, the existing approved SIP 

meets CAA requirements (see 57 FR 28093). 

B. The state’s submittal and EPA’s evaluation

To resolve the disapproval of the 2005 and 2006 submittals with respect to the 1-hour 

ozone thresholds and offsets (75 FR 56424), the TCEQ submitted revisions that delete portions 

of 30 TAC 116.12(18)(A) concerning major modification. The rulemaking clarifies that 

permitted facilities in areas that were designated nonattainment for the 1-hour ozone standard are 

subject to the major source thresholds and emission offset requirements of the 1-hour ozone 

standard: (1) the TCEQ amended footnote 1 in Table I to remove reference to the CFR and 

replace it with a reference to the definition of nonattainment area in 30 TAC 101.1(70). The 

reference to the CFR is no longer necessary because the definition of nonattainment area in 

§101.1(70) refers to 40 CFR 81 – Designation of Areas for Air Quality Planning Purposes; (2) 

the TCEQ removed the second sentence from footnote 3 in Table I regarding nonattainment NSR 

rules in El Paso County. EPA clarified its approval of the El Paso area 8-hour ozone maintenance 

plan on October 20, 2010 (75 FR 64675), thus nonattainment NSR no longer applies for the 1997 

8-hour ozone standard in the El Paso area and the Texas NSR SIP is clear that PSD requirements 

apply to an area such as El Paso.50 The sentence in footnote 3, that nonattainment NSR rules 

apply to sources of VOCs in El Paso County, is therefore not necessary under the 1997 ozone 

standard; (3) the TCEQ removed footnote 6 in Table I , which formerly indicated that the EPA 

must complete rulemaking before NSR applications are evaluated according to their 1-hour 

classification. The EPA has stated that the South Coast decision did not require rulemaking by 

the EPA to be effective, and NSR applications should be evaluated based upon 1-hour 

classifications if they are more stringent than an area's eight-hour classification (75 FR 56424). 

We disapproved footnote 6 in an earlier action (75 FR 56424) and recommend approval of the 

 

48 These revisions were also made to the introductory paragraph at 30 TAC 116.150(d). We will take action on 

revisions to §116.150 in a separation rulemaking. 

49 The proposed rulemaking was published on September 23, 2009. 

50 The Texas PSD rules at 30 TAC 116.160(a) state, “Each proposed new major source or major modification in an 

attainment or unc1assifiable area shall comply with the requirements of this section.” The Texas PSD SIP was 

initially approved into the SIP on June 24, 1992 (57 FR 28093). Subsequent revisions to the PSD program were 

approved into the SIP on August 19, 1997 (62 FR 44083), September 18, 2002 (67 FR 58697), July 22, 2004 (69 FR 

43752), March 20, 2009 (74 FR 11851) and September 15, 2010 (75 FR 55978). 
35

removal of footnote 6 here; (4) the TCEQ removed footnote 7 in Table I, which formerly stated 

that permit applications in areas designated as nonattainment for ozone under Title I, Part D, 

Subpart 1 of the Act (42 United States Code (USC), §7502) will be evaluated as if that area was 

designated as Marginal. However, Texas does not have any areas currently designated as 

nonattainment for ozone under Subpart 1. The initial designation of nonattainment for the San 

Antonio area was deferred for the 1997 8-hour ozone NAAQS and the area was designated as 

attainment, effective April 15, 2008 (73 FR 17897). We disapproved footnote 7 in an earlier 

action (75 FR 56424) and recommend approval of the removal of footnote 7 here. 

Table 3 provides a comparison of the text in the current SIP to the text in the submitted 

revision for each paragraph under review, and our evaluation comments. Previous revisions to 30 

TAC 116.12 were approved into the SIP on March 20, 2009 (74 FR 11851). 

Table 3. Evaluation Matrix for 30 TAC 116.12 

Annotation of Submitted Revisions to §116.12 Comments 

Current SIP Approved 3/20/2009 

§116.12. Nonattainment Review 

Definitions.

Under Review - Rev submitted 2/1/2006 Change is administrative 

and meets federal 

requirements.

Resubmitted 3/11/2011 

§116.12. Nonattainment and Prevention of 

Significant Deterioration Review Definitions.

Current SIP Under Review - Rev submitted 6/10/2005 

Approved 3/20/2009 Resubmitted 3/11/2011 w/out further change 

Unless specifically defined in the 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. The terms in this section are 

applicable to permit review for major source 

construction and major source modification in 

nonattainment areas. In addition to the terms 

which are defined by the TCAA, and in §101.1 

of this title (relating to Definitions), the 

following words and terms, when used in 

§116.150 and §116.151 of this title (relating to 

Nonattainment Review), shall have the 

following meanings, unless the context clearly 

indicates otherwise.

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. The terms in this section 

are applicable to permit review for major source 

construction and major source modification in 

nonattainment areas. In addition to the terms that 

are defined by the TCAA, and in §101.1 of this title 

(relating to Definitions), the following words and 

terms, when used in Chapter 116, Subchapter B, 

Divisions 5 and 6 of this title (relating to 

Nonattainment Review Permits and Prevention of 

Significant Deterioration Review; and Chapter 116, 

Subchapter C, Division 1 of this title (relating to 

Plant-Wide Applicability Limits) in §116.150 and 

§116.151 of this title (relating to Nonattainment 

Review), shall have the following meanings, unless 

the context clearly indicates otherwise.

Change is administrative 

and nonsubstantive. It 

continues to meet 40 

CFR 51.165(a)(1) and 

51.166(b) 
36

Annotation of Submitted Revisions to §116.12 Comments 

Revision submitted 2/1/2006; Resubmitted 3/11/2011 w/out further change 

(14) Federally Regulated NSR pollutant - As defined in subparagraphs (A) - (D) of this 

paragraph:

Meets 40 CFR 

51.165(a)(1)(xxxvii)(A)-

(C) and 

51.166(b)(49)(i)-(iv). 

See footnote 7 below.51

For the 110(a)(2)(C) SIP 

provision, meets the 

federal definition for 

Regulated NSR 

Pollutant at 40 CFR 

51.166(b)(49)(i)(a): 

“[VOCs and NOx] are 

precursors in all 

attainment and 

unclassifiable areas.” 

(A) 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 States Environmental 

Protection Agency;

(B) any pollutant that is subject to any standard promulgated under Federal Clean Air Act 

(FCCA), §111;

(C) any Class I or II substance subject to a standard promulgated under or established by 

FCCA, Title VI; or

(D) any pollutant that otherwise is subject to regulation under the FCAA; except that any or 

all hazardous air pollutants either listed in FCAA §112 or added to the list under FCAA §112(b)(2), 

which have not been delisted under FCAA §112(b)(3), are not regulated NSR pollutants unless the 

listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant 

listed under FCAA §108.

 

51 At the time EPA approved Texas’s PSD program, the program was flawed because the state did not address how 

the program would apply to all pollutants that would become newly subject to regulation in the future, including 

non-NAAQS pollutants, among them greenhouse gases (GHGs). To address the flaw, EPA promulgated an interim 

Federal Implementation Plan (FIP) to assure that GHG-emitting sources in Texas are able to proceed with new 

construction or modification plans (75 FR 82430, December 30, 2010). The interim rule expired on April 30, 2011 

and is replaced by the final rule (76 FR 25178, May 3, 2011). Texas will continue to be the permitting authority for 

non-GHG pollutants for sources that trigger PSD requirements due to such other pollutants. EPA will be the 

permitting authority for all pollutants for sources that trigger PSD solely because of their GHG emissions, which 

may occur after July 1, 2011, at levels specified under the Tailoring Rule (75 FR 31514, June 3, 2010). 
37

Current SIP 

Approved 3/20/2009 

Rev submitted 6/10/2005 

Resubmitted 3/11/2011 

w/o further change 

Rev submitted 2/1/2006 

Resubmitted 3/11/2011 w/o further 

change 

(10) Major 

facility/ stationary 

source - Any facility/ 

stationary source which 

emits, or has the 

potential to emit, the 

amount specified in the 

MAJOR SOURCE 

column of Table I of 

this section or more of 

any air contaminant 

(including volatile 

organic compounds 

(VOCs)) for which a 

National Ambient Air 

Quality Standard 

(NAAQS) has been 

issued. Any physical 

change that would occur 

at a stationary source 

not qualifying as a 

major stationary source 

in Table I of this 

section, if the change 

would constitute a 

major stationary source 

by itself. A major 

stationary source that is 

major for VOCs or 

nitrogen oxides shall be 

considered major for 

ozone. The fugitive 

emissions of a 

stationary source shall 

not be included in 

determining for any of 

the purposes of this 

definition whether it is a 

major stationary source, 

unless the source 

belongs to one of the 

categories of stationary 

sources listed in 40 

Code of Federal 

Regulations 

§51.165(a)(1)(iv)(C). 

 (10) Major 

facility/stationary 

source - Any 

facility/stationary source 

that which emits, or has 

the potential to emit, the 

amount specified in the 

MAJOR SOURCE 

column of Table I of this 

section or more of any 

air contaminant 

(including volatile 

organic compounds 

(VOCs)) for which a 

national ambient air 

quality standard National 

Ambient Air Quality 

Standard (NAAQS) has 

been issued. Any 

physical change that 

would occur at a 

stationary source not 

qualifying as a major 

stationary source in 

Table I of this section, if 

the change would 

constitute a major 

stationary source by 

itself. A major stationary 

source that is major for 

VOCs or nitrogen oxides 

is shall be considered to 

be major for ozone. The 

fugitive emissions of a 

stationary source may

shall not be included in 

determining for any of 

the purposes of this 

definition whether it is a 

major stationary source, 

unless the source belongs 

to one of the categories 

of stationary sources 

listed in 40 Code of 

Federal Regulations 

§51.165(a)(1)(iv)(C).

(17) (10) Major 

facility/stationary source - Any 

facility/stationary source that emits, or 

has the potential to emit, a threshold 

quantity of emissions the amount 

specified in the MAJOR SOURCE 

column of Table I of this section or 

more of any air contaminant (including 

volatile organic compounds (VOCs) for 

which a national ambient air quality 

standard has been issued. The major 

source thresholds are identified in Table 

I of this section for nonattainment 

pollutants and the major source 

thresholds for prevention of significant 

deterioration pollutants are identified in 

40 Code of Federal Regulations (CFR) 

§51.166(b)(1). 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) is considered major 

for all prevention of significant

deterioration pollutants. Any physical 

change that would occur at a stationary 

source not qualifying as a major 

stationary source in Table I of this 

section, if the change would constitute a 

major stationary source by itself. A 

major stationary source that is major for 

VOCs or nitrogen oxides is considered 

to be major for ozone. The fugitive 

emissions of a stationary source may 

not be included in determining for any 

of the purposes of this definition 

whether it is a major stationary source, 

unless the source belongs to one of the 

categories of stationary sources listed in 

40 CFR Code of Federal Regulations 

§51.165(a)(1)(iv)(C).

Meets 40 CFR 

51.165(a)(1)(iv)(A)(1) and 

51.166(b)(1)(i)(a)-(b). 

The threshold quantities of 

emissions for nonattainment 

pollutants are in Table I 

under the definition of 

“major modification” under 

§116.12(18). 

This revoked sentence, 

“Any physical change that 

would occur at a stationary 

source not qualifying as a 

major stationary source in 

Table I of this section, if the 

change would constitute a 

major stationary source by 

itself” was moved to 30 TAC 

116.12(18)(A).

Regarding the 110(a)(2)(C) 

infrastructure SIP provisions 

for the 1997 ozone standard, 

this revision meets the 

federal definition for Major 

Stationary Source at 40 CFR 

51.166(b)(1)(ii): “A major 

source that is major for 

[VOCs] or NOx shall be 

considered major for ozone.” 
38

Current SIP Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011 w/o further change 

(11) Major modification - As follows. (18) (11) Major modification - As 

follows. 

(A) Any physical change in, or change 

in the method of operation of a 

facility/stationary source that causes a 

significant net emissions increase for any air 

contaminant for which a National Ambient Air 

Quality Standard has been issued. At a 

facility/stationary source that is not major 

prior to the increase, the increase by itself 

must equal or exceed that specified in the 

MAJOR SOURCE column of Table I of this 

section. At an existing major facility/stationary 

source, the increase must equal or exceed that 

specified in the MAJOR MODIFICATION 

column of Table I. 

(A) Any physical change in, or change 

on the method of operation of a major 

facility/stationary source that causes a 

significant project increase and a significant 

net emissions increase for any federally 

regulated new source review air pollutant air 

contaminant for which a National Ambient Air 

Quality Standard (NAAQS) has been issued. 

At a facility/stationary source that is not major 

prior to the increase, the increase by itself 

must equal or exceed that specified for a major 

source the MAJOR SOURCE column of Table 

I of this section. At an existing major 

facility/stationary source, the increase must 

equal or exceed that specified for a major 

modification to be significant. The major 

source and significant thresholds are provided 

in Table I of this section for nonattainment 

pollutants. The major source and significant 

thresholds for prevention of significant 

deterioration pollutants are identified in 40 

Code of Federal Regulations 40 CFR 

51.166(b)(1) and (23) respectively. in the 

MAJOR MODIFICATION column of Table I. 

Revisions meet the 

following: 40 CFR 

51.165(a)(1)(iv)(A)(2) and 

51.166(b)(1)(i)(c). 

40 51.165(a)(1)(v)(A)(1) and 

51.166(b)(2)(i). 

40 CFR 51.165(a)(1)(x) and 

51.166(b)(23). 

Regarding the 110(a)(2)(C) 

infrastructure SIP provisions 

for the 1997 ozone standard, 

this revision meets the 

federal definition for Major 

modification at 40 CFR 

51.166(b)(1) to identify a 

major source of NOx as a 

major source for ozone. 

 
39

Current SIP Approved 3/20/2009. 

NOTE: The 2/1/2006 submitted change from “MAJOR MODIFICATION” to “SIGNIFICANT LEVEL” was disapproved 

9/15/2010. Resubmitted 3/11/2011 w/o further change.

TABLE I 

MAJOR SOURCE/MAJOR MODIFICATION EMISSION THRESHOLDS 

POLLUTANT 

Designation1

MAJOR SOURCE 

tons/year 

SIGNIFICANT 

LEVEL MAJOR 

MODIFICATION 3

tons/year 

OFFSET RATIO 

minimum 

Nonsubstantive changes. 

The major source levels 

meet 40 CFR 

51.165(iv)(A)(1). The 

significant levels meet 40 

CFR 51.165(a)(1)(x). 

Regarding the 

110(a)(2)(C) 

infrastructure SIP 

provisions for the 1997 

ozone standard, this 

revision meets the federal 

requirement for 

significant emission rate 

for ozone as VOC or 

NOx emissions in 40 

CFR 51.166(b)(23)(i). 

OZONE 

(VOC, NOx)

2 - - - 

 I marginal 100 40 1.10 to 1 

 II moderate 100 40 1.15 to 1 

 III serious 50 25 1.20 to 1 

 IV severe 25 25 1.30 to 1 

CO - - - 

 I moderate 100 100 1.00 to 14 

 II serious 50 50 1.00 to 14 

SO2 100 40 1.00 to 14 

PM10 - - - 

 I moderate 100 15 1.00 to 14 

 II serious 70 15 1.00 to 14 

NOx

5 100 40 1.00 to 14

 

Lead 100 0.6 1.00 to 14 

Current SIP Approved 3/20/2009 Revision submitted 3/11/2011 (8-hr ozone) Change is administrative, 

nonsubstantive and 

consistent with revisions 

to 101.1(70). 

1

 Texas nonattainment area designations are 

specified in 40, Code of Federal Regulations, 

§81.344. 

1

 Texas nonattainment area designations as 

defined in §101.1(70) of this title. are specified in 

40, Code of Federal Regulations, §81.344.

Current SIP Approved 

3/20/2009 

Rev submitted 2/1/2006 Revision submitted 3/11/2011 

2

 The major modification 

threshold is applicable only to 

existing major sources and 

shall be evaluated after 

netting, unless the applicant 

chooses to apply 

nonattainment new source 

review (NNSR) directly to 

the project. The appropriate 

netting triggers for existing 

major sources of NOx and 

VOC are specified in 

§116.150 of this title (relating 

to New Major Source or 

Major Modification in Ozone 

Nonattainment Areas) and for 

other pollutants are equal to 

the major modification level 

listed in Table I.

2

 The significant level

major modification threshold

is applicable only to existing 

major sources and shall be 

evaluated after netting, unless 

the applicant chooses to apply 

nonattainment new source 

review (NNSR) directly to 

the project. The appropriate 

netting triggers for existing 

major sources of NOx and 

VOC are specified in 

§116.150 of this title (relating 

to New Major Source or 

Major Modification in Ozone 

Nonattainment Areas) and for 

other pollutants are equal to 

the major modification level 

listed in Table I.

2

 The significant level is 

applicable only to existing major 

sources and shall be evaluated 

after netting, unless the applicant 

chooses to apply nonattainment 

new source review (NNSR) 

directly to the project. The 

appropriate netting triggers for 

existing major sources of NOx

and VOC are specified in 

§116.150 of this title (relating to 

New Major Source or Major 

Modification in Ozone 

Nonattainment Areas) and for 

other pollutants are equal to the 

significant level major 

modification level listed in Table 

I.

Nonsubstantive changes. 

Continues to meet 40 

CFR 51.165(a)(2)(ii) 
40

Current SIP Approved 3/20/2009 Revision submitted 3/11/2011 3

 VOC and NOx are precursors to ozone 

formation and should be quantified 

individually to determine whether a source is 

subject to NNSR under §116.150 of this title. 

As specified in §116.150 of this title, for El 

Paso County, the NNSR rules apply to sources 

of VOC, but not to sources of NOx.

3

 VOC and NOx are precursors to ozone 

formation and should be quantified individually to 

determine whether a source is subject to NNSR 

under §116.150 of this title. As specified in 

§116.150 of this title, for El Paso County, the 

NNSR rules apply to sources of VOC, but not to 

sources of NOx.

Nonsubstantive change. 

Meets 40 CFR 

51.165(a)(1)(iv)(A)(1)(i)-

(iii) and 

(a)(1)(vi)(A)(2)(i)-(vi) 

Discussion on p. xx 

above. 

Current SIP Approved 3/20/2009 No change submitted. 4

 The offset ratio is specified to be greater than 1.00 to 1.

VOC = volatile organic compounds

NOx = oxides of nitrogen

CO = carbon monoxide

SO2 = sulfur dioxide

PM10 = particulate matter of less than ten microns in diameter compounds 5

 Applies to the NAAQS for nitrogen dioxide (NO2). 

Rev submitted 6/10/2005 

Resubmitted 3/11/2011 w/ further revision 

Revision submitted 3/11/2011 

6

 For the Houston-Galveston-Brazoria, 

Dallas-Fort Worth, and Beaumont-Port Arthur 

eight hour ozone nonattainment areas, if the 

United States Environmental Protection 

Agency promulgates rules requiring new 

source review permit applications in these 

areas to be evaluated for NNSR according to 

that area’s one-hour standard classification, 

each application will be evaluated according 

to that area’s one hour standard classification. 

Evaluation includes both the threshold for 

determining if there is a major modification as 

well as the ratio of offsets required along with 

any other applicable requirement that depends 

upon an area’s classification.

6 For the Houston-Galveston-Brazoria, DallasFort Worth, and Beaumont-Port Arthur eight hour 

ozone nonattainment areas, if the United States 

Environmental Protection Agency promulgates 

rules requiring new source review permit 

applications in these areas to be evaluated for 

NNSR according to that area’s one-hour standard 

classification, each application will be evaluated 

according to that area’s one hour standard 

classification. Evaluation includes both the 

threshold for determining if there is a major 

modification as well as the ratio of offsets required 

along with any other applicable requirement that 

depends upon an area’s classification.

As noted in section III.a 

above, EPA disapproved 

the addition of footnotes 

6 and 7 in a previous 

action (75 FR 56424). 

The removal of footnotes 

6 and 7 address the 

grounds for the 

disapproval at 75 FR 

56424. 

7

 For areas designated as nonattainment for 

ozone under the Federal Clean Air Act, Title I, 

Part D, Subpart 1 (42 United States Code, 

§7502), each application will be evaluated as 

if the area was designated as Marginal. 

Evaluation includes both the threshold for 

determining if there is a major modification as 

well as the ratio of offsets required along with 

any other applicable requirement that depends 

upon an area’s classification.

7 For areas designated as nonattainment for 

ozone under the Federal Clean Air Act, Title I, 

Part D, Subpart 1 (42 United States Code, §7502), 

each application will be evaluated as if the area 

was designated as Marginal. Evaluation includes 

both the threshold for determining if there is a 

major modification as well as the ratio of offsets 

required along with any other applicable 

requirement that depends upon an area’s 

classification.

Current SIP Under Review 

Approved 3/20/2009 Rev submitted 6/10/2005 

Resubmitted 3/11/2011 w/o further change 

Nonsubstantive change. 

Continues to meet 40 

CFR 51.165(a)(1)(C) and 

51.166(b)(2)(iii) 

(B) A physical change or change in the 

method of operation shall not include: 

(B) A physical change or change in the 

method of operation may shall not include: 

Current SIP Approved 3/20/2009. 

(i) routine maintenance, repair, and replacement; 

(ii) use of an alternative fuel or raw material by reason of an order under the Energy 

Supply and Environmental Coordination Act of 1974, §2(a) and (b) (or any superseding legislation) 

or by reason of a natural gas curtailment plan under the Federal Power Act;

No change submitted. 

Current SIP Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011 w/o further change 

Nonsubstantive change. 

Continues to meet 40 

CFR 51.165(a)(1)(C)(3) 

and 51.166(b)(2)(iii)(c) 

(iii) use of an alternative fuel by 

reason of an order or rule of the FCAA, §125; 

(iii) use of an alternative fuel by reason 

of an order or rule of 42 United States Code, 

§7425 the FCAA, §125; 

Current SIP – Approved 3/20/2009 No change submitted. 

(iv) use of an alternative fuel at a steam generating unit to the extent that the fuel is 

generated from municipal solid waste; 
41

Current SIP Approved 3/20/2009 Rev submitted 2/1/2006 

Resubmitted 3/11/2011 w/o further change 

(v) use of an alternative fuel or raw 

material by a stationary source which the 

source was capable of accommodating before 

December 21, 1976 (unless such change 

would be prohibited under any federally 

enforceable permit condition established after 

December 21, 1976) or the source is approved 

to use under any permit issued under 

regulations approved under this chapter; 

(v) use of an alternative fuel or raw 

material by a stationary source that which the 

source was capable of accommodating before 

December 21, 1976 (unless such change would be 

prohibited under any federally enforceable permit 

condition established after December 21, 1976) or 

the source is approved to use under any permit 

issued under regulations approved under this 

chapter; 

Nonsubstantive change. 

Continues to meet 40 

CFR 51.165(a)(1)(C)(5) 

& (6) and 

51.166(b)(2)(iii)(e) & (f) 

(vi) an increase in the hours of 

operation or in the production rate (unless the 

change is prohibited under any federally 

enforceable permit condition which was 

established after December 21, 1976); or 

(vi) an increase in the hours of operation 

or in the production rate (unless the change is 

prohibited under any federally enforceable permit 

condition that which was established after 

December 21, 1976); or 

Current SIP Approved 3/20/2009. Resubmitted 3/11/2011 w/o further change. 

(vii) any change in ownership at a stationary source. 

No change submitted. 

Revision submitted 2/1/2006 

Resubmitted 3/11/2011 w/o further change 

(viii) any change in emissions of a pollutant at a site that occurs under an existing plantwide applicability limit;

Meets 40 CFR 

51.165(a)(1)(v)(D) and 

51.166(b)(2)(iv). 

(ix) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the state implementation plan and 

other requirements necessary to attain and maintain the national ambient air quality standard during 

the project and after it is terminated.

Meets 40 CFR 

51.165(a)(1)(v)(C)(9) and 

51.166(b)(2)(iii)(i). 

(x) for prevention of significant deterioration review only, the installation or operation of a 

permanent clean coal technology demonstration project that constitutes re-powering, provided that 

the project does not result in an increase in the potential to emit of any regulated pollutant emitted 

by the unit. This exemption shall apply on a pollutant-by-pollutant basis; or

Meets 40 CFR 

51.166(b)(2)(iii)(j). 

(xi) for prevention of significant deterioration review only, the reactivation of a clean 

coalfired electric utility steam generating unit.

Meets 40 CFR 

51.166(b)(2)(iii)(k). 

IV. Revisions to 30 TAC 101.1 

As noted earlier, because revisions to footnote 1 in Table I (§116.12(18)(A)) make 

reference to §101.1(70), we are also evaluating submitted revisions to paragraphs in 30 TAC 

101.1 that make reference to §101.1(70): 

1. At 30 TAC 101.1(70), the definition of “nonattainment area” is revised to remove the 

lists of Texas nonattainment areas in §101.1(70)(A)-(G). The revision retains a reference to 40 

CFR 81 and pertinent FR actions for the “official” list of nonattainment areas and boundaries. 

These revisions help ensure that when redesignations are made to nonattainment areas in Texas 

as a result of federal action, these Texas rules will not be rendered obsolete. Also, for the onehour ozone NAAQS, the designations and classifications in 40 CFR 81 were retained by EPA for 

purposes of anti-backsliding (see 70 FR 44470, August 3, 2005). Upon determination by EPA 

that any requirement is no longer compulsory for purposes of anti-backsliding, the requirement 

will no longer apply. The TCEQ is adding language to this effect in §101.1(70), because the 

intent of the rule is to prevent backsliding and promote anti-backsliding. Any revision to a SIP 

that could interfere with or does not comply with the CAA and the SIP because it has the effect 

of making the approved SIP less stringent may be considered “backsliding” from those 

requirements and would not be approvable by the EPA pursuant to CAA section 110(l). We 

recommend approval of these revisions. 

2. At 30 TAC 101.1(88), the definition of “reportable quantity,” is revised to delete 

revoked references to §101.1(70) at 30 TAC 101.1(88)(A)(i)(III)(-a-), (-c-), (-w-), (-pp-), and (-
42

zz-). These revisions are consistent with revisions made to paragraph (70). We recommend 

approval of this revision. 

3. At 30 TAC 101.1(54), the definition of “maintenance area” is revised to remove the 

list of maintenance areas within the state. The revision adds a reference to 40 CFR 81 and 

pertinent FR actions, which lists designations for air quality planning purposes. This definition 

does not make reference to §101.1(70), but it is a non-substantive revision and we recommend 

approval of this revision. 

4. At 30 TAC 101.1(115), the definition of “volatile organic compound” is revised to 

update the reference to the CFR. This definition does not make reference to §101.1(70), but it is 

a non-substantive revision and we recommend approval of this revision. 

Table 4 provides a comparison of the text in the current SIP to the text in the submitted 

revision for each definition under review, and our evaluation comments. Previous revisions to 30 

TAC 101.1 were approved into the SIP on November 10, 2010 (75 FR 68969). 

Table 4. Evaluation Matrix for 30 TAC 101.1

Annotation of Submitted Revisions to §101.1 Comments 

§101.1. Definitions. No change to title 

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 submitted 

for this paragraph. 

* * * * * * * 

(54) Maintenance area--A geographic 

region of the state previously designated 

nonattainment under the Federal Clean Air 

Act Amendments of 1990 and subsequently 

redesignated to attainment subject to the 

requirement to develop a maintenance plan 

under 42 United States Code, §7505a. The 

following are maintenance areas within the 

state. 

(54) Maintenance area--A geographic region of 

the state previously designated nonattainment under 

the Federal Clean Air Act Amendments of 1990 and 

subsequently redesignated to attainment subject to 

the requirement to develop a maintenance plan under 

42 United States Code, §7505a, as described in 40 

Code of Federal Regulations Part 81and in pertinent 

Federal Register notices. The following are 

maintenance areas within the state.

Paragraph (54) and 

sub-paragraphs 

(54)(A) and (B) are 

revised to remove 

identification of 

specific maintenance 

areas and refer to the 

maintenance areas 

identified in 40 CFR 

81. 

These revisions to 

101.1(54) are 

approvable. 

(A) Victoria Ozone Maintenance Area 60 Federal Register 

(FR 12453) – Victoria County; 

(A) [Removed] 

(B) Collin County Lead Maintenance Area (64 FR 55421) – 

Portion of Collin County. Eastside: Starting at the intersection of 

South Fifth Street and the fence line approximately 1,000 feet south 

of the Exide property line going north to the intersection of South 

Fifth Street and Eubanks Street; Northside: Proceeding west on 

Eubanks to the Burlington Railroad tracks; Westside: Along the 

Burlington Railroad tracks to the fence line approximately 1,000 

feet south of the Exide property line; Southside: Fence line 

approximately 1,000 feet south of the Exide property line. 

(B) Removed] 

* * * * * * * 
43

Annotation of Submitted Revisions to §101.1 Comments 

(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 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 Part 81 and pertinent 

Federal Register (FR) notices. The following 

areas comprise the nonattainment areas 

within the state for all national ambient air 

quality standards (NAAQS). EPA has 

indicated that it will revoke the one-hour 

ozone standard in full, including the 

associated designations and classifications, 

on June 15, 2005, which is one year 

following the effective date of the 

designations for the eight-hour NAAQS of 

June 15, 2004. 

(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 (FR) notices. The designations and 

classifications for the one-hour ozone national 

ambient air quality standard in 40 CFR Part 81 were 

retained for the purpose of anti-backsliding and upon 

determination by the EPA that any requirement is no 

longer required for purposes of anti-backsliding, then 

that requirement no longer applies. The following 

areas comprise the nonattainment areas within the 

state for all national ambient air quality standards 

(NAAQS). EPA has indicated that it will revoke the 

one-hour ozone standard in full, including the 

associated designations and classifications, on June 

15, 2005, which is one year following the effective 

date of the designations for the eight-hour NAAQS of 

June 15, 2004.

Paragraph (70) and 

sub-paragraphs 

(70)(A)-(G) are 

revised to remove 

identification of Texas 

nonattainment areas 

and instead, refer to 

the nonattainment 

areas identified in 40 

CFR 81. The changes 

to this definition are 

consistent with the 

revisions to footnotes 

1, 6, and 7 of Table I 

in 30 TAC 

116.12(18)(A). 

The revisions to 

101.1(70) are 

approvable. 

(A) Carbon monoxide (CO). El Paso CO nonattainment area (56 FR 

56694)--Classified as a Moderate CO nonattainment area with a design value less 

than or equal to 12.7 parts per million. Portion of El Paso County. Portion of the 

city limits of El Paso: That portion of the City of El Paso bounded on the north by 

Highway 10 from Porfirio Diaz Street to Raynolds Street, Raynolds Street from 

Highway 10 to the Southern Pacific Railroad lines, the Southern Pacific Railroad 

lines from Raynolds Street to Highway 62, Highway 62 from the Southern Pacific 

Railroad lines to Highway 20, and Highway 20 from Highway 62 to Polo Inn 

Road. Bounded on the east by Polo Inn Road from Highway 20 to the TexasMexico border. Bounded on the south by the Texas-Mexico border from Polo Inn 

Road to Porfirio Diaz Street. Bounded on the west by Porfirio Diaz Street from the 

Texas-Mexico border to Highway 10. 

(A) 

[Removed] 

These are subparagraphs (70)(A)-

(G). As indicated 

above, these subparagraphs are revised 

to remove 

identification of 

specific nonattainment 

areas and instead, refer 

to the nonattainment 

areas identified in 40 

CFR 81. These 

revisions are 

approvable. 

(B) Inhalable particulate matter (PM10). El Paso PM10 nonattainment area 

(56 FR 56694)--Classified as a Moderate PM10 nonattainment area. Portion of El 

Paso County that comprises the El Paso city limit boundaries as they existed on 

November 15, 1990. 

(B) 

[Removed] 

(C) Lead. No designated nonattainment areas. (C) 

[Removed] 

(D) Nitrogen dioxide. No designated nonattainment areas. (D) 

[Removed] 

(E) Ozone (one-hour). (E) 

[Removed] 

(i) Houston-Galveston-Brazoria (HGB) one-hour ozone nonattainment 

area (56 FR 56694) - Classified as a Severe-17 ozone nonattainment area. Consists 

of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and 

Waller Counties. 

(i) 

[Removed] 

(ii) El Paso one-hour ozone nonattainment area (56 FR 56694) - 

Classified as a Serious ozone nonattainment area. Consists of El Paso County. 

(ii) 

[Removed] 

(iii) Beaumont-Port Arthur (BPA) one-hour ozone nonattainment area 

(69 FR 16483) - Classified as a Serious ozone nonattainment area. Consists of 

Hardin, Jefferson, and Orange Counties. 

(iii) 

[Removed] 

(iv) Dallas-Fort Worth one-hour ozone nonattainment area (63 FR 8128) 

- Classified as a Serious ozone nonattainment area. Consists of Collin, Dallas, 

Denton, and Tarrant Counties. 

(iv) 

[Removed] 
44

Annotation of Submitted Revisions to §101.1 Comments 

(F) Ozone (eight-hour). (F) 

[Removed] 

(i) HGB eight-hour ozone nonattainment area (69 FR 23936) - Classified 

as a Moderate ozone nonattainment area. Consists of Brazoria, Chambers, Fort 

Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. 

(i) 

[Removed] 

(ii) BPA eight-hour ozone nonattainment area (69 FR 23936) - Classified 

as a Marginal ozone nonattainment area. Consists of Hardin, Jefferson, and Orange 

Counties. 

(ii) 

[Removed] 

(iii) Dallas-Fort Worth eight-hour ozone nonattainment area (69 FR 

23936) - Classified as a Moderate ozone nonattainment area. Consists of Collin, 

Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties. 

(iii) 

[Removed] 

(iv) San Antonio eight-hour ozone nonattainment area (69 FR 23936) - 

Classified under the Federal Clean Air Act, Title I, Part D, Subpart 1 (42 United 

States Code, §7502), nonattainment deferred to September 30, 2005, or as 

extended by EPA. 

(iv) 

[Removed] 

(G) Sulfur dioxide. No designated nonattainment areas. (G) 

[Removed] 

* * * * * * * 

(88) Reportable Quantity (RQ) – Is as follows. No changes submitted 

(A) For individual air contaminant compounds and specifically listed mixtures by name of 

Chemical Abstract Service (CAS) number, either: 

(i) the lowest of the quantities: 

* * * * * * * 

(III) listed as follows: 

(-a-) acetaldehyde – 1,000 

pounds, except in the Houston-GalvestonBrazoria (HGB) and Beaumont-Port Arthur 

(BPA) ozone nonattainment areas as defined 

in paragraph (70)(E)(i) and (iii) of this 

section, where the RQ must be 100 pounds 

(-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)

(70)(E)(i) and (iii) of this section, where the RQ 

must be 100 pounds 

Consistent with 

amendments to 

paragraph (70). 

These revisions to 

101.1(88) are 

* * * * * * * approvable. 

(-c-) butenes (any isomer, 

except 1,3 butadiene) – 5,000 pounds except 

in the HGB and BPA ozone nonattainment 

areas as defined in paragraph (70)(E)(i) and 

(iii) of this section, where the RQ must be 100 

pounds 

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

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

BPA ozone nonattainment areas as defined in 

paragraph (70) (70)(E)(i) and (iii) of this section, 

where the RQ must be 100 pounds 

* * * * * * * 

(-w-) ethylene – 5,000 pounds 

except in the HGB and BPA ozone 

nonattainment areas as defined in paragraph 

(70)(E)(i) and (iii) of this section, where the 

RQ must be 100 pounds 

(-w-) ethylene – 5,000 pounds 

except in the HGB and BPA ozone nonattainment 

areas as defined in paragraph (70) (70)(E)(i) and (iii) 

of this section, where the RQ must be 100 pounds 

* * * * * * * 
45

Annotation of Submitted Revisions to §101.1 Comments 

Current SIP

Approved 11/10/2010

Under Review 

Revision submitted 3/11/2011 

(-pp-) propylene – 5,000 

pounds except in the HGB and BPA ozone 

nonattainment areas as defined in paragraph 

(70)(E)(i) and (iii) of this section, where the 

RQ must be 100 pounds 

(-pp-) propylene – 5,000 pounds 

except in the HGB and BPA ozone nonattainment 

areas as defined in paragraph (70) (70)(E)(i) and (iii) 

of this section, where the RQ must be 100 pounds 

Consistent with 

amendments to 

paragraph (70). 

These revisions to 

101.1(88) are 

approvable. 

* * * * * * * 

(-zz-) toluene – 1,000 pounds 

except in the HGB and BPA ozone 

nonattainment areas as defined in paragraph 

(70)(E)(i) and (iii) of this section, where the 

RQ must be 100 pounds 

(-zz-) toluene – 1,000 pounds except 

in the HGB and BPA ozone nonattainment areas as 

defined in paragraph (70) (70)(E)(i) and (iii) of this 

section, where the RQ must be 100 pounds 

* * * * * * * 

Current SIP Approved 11/10/2010 Revision submitted 5/26/2011 

(115) Volatile organic compound-As 

defined in 40 Code of Federal Regulations 

§51.100(s), except §51.100(s)(2) - (4), as 

amended on November 29, 2004, 69 FR 

69290. 

(115) Volatile organic compound-As defined in 

40 Code of Federal Regulations §51.100(s), except 

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

(74 FR 3441) November 29, 2004, 69 FR 69290. 

Meets the definition of 

volatile organic 

compound at 40 CFR 

51.100(s). This 

revision is approvable. 

V. EPA’s Recommendations 

We reviewed the Texas revisions to 30 TAC 101.1 and 30 TAC 116.12 for compliance 

with section 110(a)(2)(C) and 110(l) of the Act and EPA’s rules at 40 CFR 51 and 81. The 

revisions to 30 TAC 101.1 and 30 TAC 116.12 discussed above are severable from their March 

11, 2011 submittals, meet the federal requirements regarding anti-backsliding under South Coast

and satisfy the requirements for SIP approval. We recommend that EPA propose to approve the 

following Texas SIP revisions: 

1. 30 TAC 101.1(54), non-substantive changes to the definition of “maintenance area” 

2. 30 TAC 101.1(70), substantive changes to the definition of “nonattainment area” 

3. 30 TAC 101.1(88), non-substantive changes to the definition of “reportable quantity” 

at 30 TAC 101.1(88)(A)(i)(III)(-a-), (-c-), (-w-), (-pp-), and (-zz-) 

4. 30 TAC 101.1(115), non-substantive changes to the definition of “volatile organic 

compound” 

5. 30 TAC 116.12, non-substantive changes to the title and introductory paragraph 

6. 30 TAC 116.12(14), substantive change adding the definition of “Federally Regulated 

NSR pollutant” 

7. 30 TAC 116.12(17), substantive changes to the definition of “Major stationary 

source” 

8. 30 TAC 116.12(18), substantive changes to the definition of “Major modification” 

9. 30 TAC 116.12(18)(A), substantive and non-substantive changes to Table I and 

footnotes 1, 2, 3, 6, and 7 to Table I 

10. 30 TAC 116.12(18)(B), non-substantive changes to (B) and subsections (iii), (v), (vi), 

and substantive changes adding (viii) – (xi)