### ATTACHMENT B

TECHNICAL SUPPORT DOCUMENT

FOR EPA SIP ACTIONS

ON REVISIONS TO

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

30 TAC CHAPTER 116

CONTROL OF AIR POLLUTION BY PERMITS

FOR NEW CONSTRUCTION OR MODIFICATION

SUBMITTED

JULY 31, 2002 - GRANDFATHERED ELECTRIC

GENERATING FACILITIES

Prepared by:

Richard A Barrett

with technical assistance from Stanley M. Spruiell Air Permits Section (6PD-R) U. S. Environmental Protection Agency, Region 6 Telephone: (214) 665-7250TECHNICAL SUPPORT DOCUMENT

TABLE OF CONTENTS

Abstract

I. Introducti on ................................................................................................................. ................................... 1

II. What are the SIP submittals that EPA is evaluating in th is documen t? ......................................................... . 1

III. What Sections are affected by earlier SIP submittals ? ........................................................................ ........... 1

IV. What Sections is EPA evalua ting in this document?

............................................................................ .......... 3

V. EPA’s Eval uation

............................................................................................................. .............................. 7

VI. Recommenda tion ............................................................................................................... ............................. 7

List of Tables

Table 1. SIP Submittals evaluated in th is TSD. .............................................................................. ............................. 1 Table 2. Sections that were submitted January 3, 2000, that are affected by the July 31, 2002 s ubmittal. .................. 2 Table 3. Sections of 30 TAC Chapte r 116 evaluated in th is documen t. ......................................................... ............. 3

Appendix

I. Abstr act ...................................................................................................................... ..................................... 1

II. Important Notes ............................................................................................................... ................................ 1

III. Annotation Pr ocedur e .......................................................................................................... ............................ 1

Chapter 116 - Control of Air Pollution by Perm its for New Construction or Modification. Subchapter A - Definitions. §116.10 - General De finitions

.. .............................................................................................. ........................... 116.A.1 §116.18 - Electric Generating Fac ility Permits De finitions

.. ................................................................. ............ 116.A.2

Subchapter I - Electric Generating Facility Permits. §116.910 - Appli cability.. ................................................................................................... ................................. 116.I.1 §116.911 - Electric Generating Fac ility Permit App lication.. ................................................................. ............. 116.I.2 §116.913 - General and Sp ecial Cond itions.. .................................................................................. ..................... 116.I.4 §116.917 - Electric Generating Facility Permit Applicati on for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathere d Facilities Located at Electric Generating Facility S ites..

............................................................................................................. ........................... 116.I.6 §116.918 - Additional General and Special Conditions fo r Grandfathered Coal-Fired Electric Generating

Facilities and Certain Grandfathered Facilities Located at Electric Generating F acility Sites.. ............ 116.I.9 §116.921 - Notice and Comment Heari ngs for Initial Issuance.. ................................................................ ....... 116.I.12 §116.926 - Permit Fee.. ...................................................................................................... ................................ 116.I.13 §116.928 - Delega tion.. ...................................................................................................... ............................... 116.I.14 §116.930 - Amendments and Alterations of Permits Issued Under this Subchapter. . ....................................... 116.I .15TECHNICAL SUPPORT DOCUMENT
EVALUATION AND ANALYSIS

Throughout this document “we,” “us,” or “our” m eans the Environmental Protection Agency (EPA)

Abstract

This is a review and evaluation of regulations th at Texas submitted to EPA on July 31, 2002. This evaluation essentially compares the revisions submitted to revisions which Texas had submitted earlier. Based on this evaluation, our assessment is the July 31, 2002 package contains revisions to earlier regulations that Texas had submitted on July 22, 1998, and January 3, 2000. Our recommendation is to propose approval of the July 31, 2002 package

IV. Introduction This Technical Support Document (TSD) is EPA’s evalua tion of revisions to the revisions of the following Chapter under Title 30 Texas Administrative Code (30 TAC):

Chapter 116 - Control of Air Pollution by Perm its for New Construction or Modification

We are reviewing the following revisions that the Te xas Commission on Environmental Quality (TCEQ) submitted to EPA for approval as revisions to the Texas State Implementation Plan (SIP):

Submitted July 31, 2002: Grandfathered Electric Generating Facilities.

II. What are the SIP submittals that EPA is reviewing in this document?

In this document, we are reviewing SIP revisions that Texas submitted to EPA on July 31, 2002. Table 1

summarizes the contents of these SIP submittals and identif ies the sections of Chapter 116 that were submitted and

reviewed in this TSD.

Table 1. SIP Submittals Evaluated in this TSD.

TCEQ Rule Log

Number and Title of

Submittal Submitted

to EPA Date Adopted Sections Reviewed in this TSD

Log No. 2001-076-116-

AI

Grandfathered

Facilities 07/31/02 05/22/02 Chapter 116: §§116.10, 116.18, 116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.926, 116.928, and 116.930

III. What Sections are affected by earlier SIP submittals?

On July 22, 1998, Texas submitted regulations adopted June 17, 1998, for NSR Rule revisions. This includes the change to Chapter 116, regarding the desi gnation of the definition of “grandfathered facility” as §116.10(6) and some non-substantive changes to the definition. Table 2 references the section submitted on July 22,

1998.

On January 3, 2000, Texas submitted regulations adopted December 16, 1999, for Electric Industry Restructuring (Senate Bill 7). This includes the initial submittal of several sections under Chapter 116 that were subsequently revised in the July 31, 2002, submittal. The regulations submitted January 3, 2000, have been reviewed by the Air Permits Section and are proposed for approval. See Attachment A. Table 2 summarizes the sections that were submitted on January 3, 2000.

### 2 Table 2. Sections that were Submitted January 3, 2000, that are Affected by the July 31, 2002

submittal.

TCEQ Rule Log Number

and Title of Submittal Submitted

to EPA Date Adopted Sections Reviewed in this TSD (Sections
revised in 07/31/02 submittal are

underlined )

Log No. 99033-116-AI Electric Industry Restructuring (Senate Bill 7) 01/03/00 12/16/99 Chapter 116: §§116.18 , 116.910 , 116.911

, 116.912, 116.913 , 116.914, 116.916, 116.920, 116.921 , 116.922, 116.930

, and 116.931.

IV. What Sections is EPA proposing to approve in this document?

In this TSD, we are proposing to approve the new and revised sections of 30 TAC Chapter 116. The sections we are evaluating are identified in Table 3. This table is a summary to broadly identify the new and revised sections that are being evaluated. Appendix A of this TSD contains an annotation of the submitted regulations which includes the provisions that we are evaluating and our basis for how each section meets our requirements for SIP approval. Additional evaluation is included in Section V of this TSD.

Table 3 includes for each section that we are evaluating the earlier version of each section that has been previously submitted. The previously submitted versions of each section that we are currently evaluating in this

TSD are shaded.

Table 3. Sections of 30 TAC Chap ter 116 Evaluated in this Document.

Section Title Submitt

ed to

EPA Adopted by State Effectiv

e date of

State

Rule Comments

Chapter 116 - Control of Air Pollution by Perm its for New Construction or Modification.

Subchapter A - Definitions.

§116.10 General Definitions.

07/22/98 06/17/98 07/08/98 3⁄4 REPEALED & READOPTED the definition of “grandfathered facility” which was designated ¶(6).

07/31/02 05/22/02 06/12/02 3⁄4 Non-substantive revision which replaces generic language with specific grandfather date.
3⁄4 Final approval in a separate rulemaking. See 75 FR 19468, April 14, 2010

§116.18 Electric Generating Facility

Permits Definitions. 01/03/00 12/16/99 01/11/00 3⁄4 Initial adoption
3⁄4 Proposed for approval

### 3 Section Title Submitt

ed to

EPA Adopted by State Effectiv

e date of

State

Rule Comments

07/31/02 05/22/02 06/12/02 3⁄4 New ¶s (11)-(12);Existing ¶s (11)-(12) redesignated to ¶s (13)-(14)
3⁄4 Proposed for approval

Subchapter I - Electric Generating Facility Permits.

§116.910 Applicability. 01/03/00 12/16/99 01/11/00 3⁄4 Initial Adoption
3⁄4 Proposed for approval

07/31/02 05/22/02 06/12/02 3⁄4 REV ¶(a)
3⁄4 REM ¶(e) & RENAME ¶¶(f)-(g) to ¶¶(e)-(f)
3⁄4 REV ¶(f), as renamed
3⁄4 Proposed for approval

§116.911 Electric Generating Facility Permit Application. 01/03/00 12/16/99 01/11/00 3⁄4 Initial Adoption
3⁄4 Proposed for approval

07/31/02 05/22/02 06/12/02 3⁄4 NEW ¶¶(d)-(h)
3⁄4 Existing ¶(d) RENAMED ¶(i)
3⁄4 Proposed for approval

§116.913 General and Special

Conditions. 01/03/00 12/16/99 01/11/00 3⁄4 Initial Adoption
3⁄4 Proposed for approval

07/31/02 05/22/02 06/12/02 3⁄4 REV ¶¶(a)(1)(A)-(C),
3⁄4 NEW ¶¶(a)(1)(D)-(E)
3⁄4 REM ¶¶(a)(2),
3⁄4 RENAMED ¶¶(a)(3)-(8) to ¶¶(a)(2)-(7)
3⁄4 REV ¶¶(a)(2)-(3), (5), & (7), as renamed
3⁄4 Proposed for approval

§116.917 Electric Generating Facility Permit Application for Certain

Grandfathered Coal-Fired Electric Generating Facilities

and Certain Grandfathered

Facilities Located at Electric Generating Facility Sites. 07/31/02 05/22/02 06/12/02 3⁄4 Initial Adoption
3⁄4 Proposed for approval

§116.918 Additional General and Special Conditions for

Grandfathered Coal-Fired Electric Generating Facilities

and Certain Grandfathered

Facilities Located at Electric 07/31/02 05/22/02 06/12/02 3⁄4 Initial Adoption
3⁄4 Proposed for approval

### 4 Section Title Submitt

ed to

EPA Adopted by State Effectiv

e date of

State

Rule Comments

Generating Facility Sites.

§116.921 Notice and Comment Hearings for Initial Issuance. 01/03/00 12/16/99 01/11/00 3⁄4 Initial Adoption
3⁄4 Proposed for approval

07/31/02 05/22/02 06/12/02 3⁄4 REV ¶(b)-(c)
3⁄4 Proposed for approval

§116.926 Permit Fee. 07/31/02 05/22/02 06/12/02 3⁄4 Initial Adoption
3⁄4 Proposed for approval

§116.928 Delegation. 07/31/02 05/22/02 06/12/02 3⁄4 Initial Adoption
3⁄4 Proposed for approval

§116.930 Amendments and Alterations

of Permits Issued Under this Subchapter 01/03/00 12/16/99 01/11/00 3⁄4 Initial Adoption
3⁄4 Proposed for approval

07/31/02 05/22/02 06/12/02 3⁄4 REV Section Title
3⁄4 REV Intro ¶
3⁄4 Proposed for approval

V. EPA’s Evaluation

The purpose of this TSD is to present an assessment of the regulations that Texas submitted on July 31,

2002. As is shown in this TSD and in the annotation of the regulations in Appendix A to this TSD, the submitted regulations include revisions to earlier versions that Te xas submitted to EPA. The July 31, 2002, submittal includes revisions to the following sections which have been previously submitted and which are proposed for approval:

3⁄4 §116.10, submitted 07/22/98, (Final approval in a separate rulemaking. See 75 FR 19468, April 14, 2010)
3⁄4 §116.18, submitted 01/03/00,
3⁄4 §116.910 submitted 01/03/00,
3⁄4 §116.911 submitted 01/03/00,
3⁄4 §116.913 submitted 01/03/00,
3⁄4 §116.921 submitted 01/03/00, and
3⁄4 §116.930 submitted 01/03/00.

VI. Recommendation

EPA is proposing to approve revisions to the Texa s SIP of (30 TAC) Chapter 116, Subchapter A: Definitions, section 116.18; and Subchapter I: Electri c Generating Facility Permits , sections 116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.926, 116.928, and 116.930, which Texa s submitted on July 31, 2002.

These revisions pertain to the implementing of a pplicability for grandfathered and electing electric generating facilities, with definitions necessary for the im plementation of the rules, permit application and public notice procedures regarding the submittal July 31, 2002.CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.A.1

CONSTRUCTION OR MODIFICATION

SUBCHAPTER A- DEFINITIONS §§116.10, 116.18

APPENDIX

TECHNICAL SUPPORT DOCUMENT

ANNOTATION OF CHAPTER 116 REVISIONS SUBMITTED JULY 31, 2002

I. Abstract

This is an annotation and evaluation of revisions that the Texas Commission on Environmental Quality (TCEQ) has made to the following chapters in 30 Texas Administrative Code (TAC) 30 TAC 116, submitted July 31, 2002.

This document is not intended to replace any prior annotation of Chapter 116, nor to replace the current State Implementation Plan as documented in EPA’s SI PMAP. This document only makes comparisons for the revisions to Chapter 116 that Texas submitted to the EPA as shown below:

II. Important Notes

1. This document was prepared to support the proposed a pproval of Texas’ revisions to the above-described regulations.

2. You must understand the "ANNOTATION PROCEDURE" as described below in order to understand this

annotation.

III. Annotation Procedure

This document annotates and evaluates revisi ons to Chapter116 as submitted July 31, 2002.

For the annotation of Chapter116, we have included immediately below the title the information identifying the version of each section under these chapters that we are evaluating. This information includes the date of adoption by the TCEQ and the date that the regulation became effective as a state rule. Please note that this is not the effective date of EPA’s approval. This information identifies the version of the rule that EPA is proposing to

approve.

The annotation/evaluation table consists to two columns as follows: (1) text of the submitted rule that is annotated and reviewed (with underline and strikeout indicat ors to indicate how the previously approved provision is changed in this revision); and (2) EPA’s evaluation of the provision.

This annotation includes the text as adopted by Texa s and submitted to EPA for approval. The annotation procedure for the left column is as follows:

Description Text Attributes

Current EPA-approved text wh ich has not been changed in any
subsequent SIP revision submitted to EPA. NOTE: This applies to a complete Section, Paragraph, Subpa ragraph, etc. which is unchanged in the submittal. 3⁄4 SIP-approved text - bold

The State has previously submitted a Section, Paragra ph, Subparagraph, 3⁄4 Previous SIP-approved text - bold
3⁄4 RevisionsCHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.A.2

CONSTRUCTION OR MODIFICATION

SUBCHAPTER A- DEFINITIONS §§116.10, 116.18

Description Text Attributes

etc. 6PD-R has reviewed the Sec tion, Paragraph, or Subparagraph

_ New text

· 1 st revision - underlined

. · 2 nd revision - double underlined

The State has submitted a Section, Pa ragraph, Subparagraph, etc. 6PDR has reviewed these provisions. 3⁄4 Previous SIP-approved text - bold
3⁄4 Revisions

_

New text

· 1 st revision - underlined

. · 2 nd revision - double underlined

The right-hand column documents the history of the re gulatory text in the immediate left-hand column, and includes the following

3⁄4 The date of EPA approval of text that is currently approved;
3⁄4 The date the State submitted revisions that are being reviewed for this action; and
3⁄4 EPA’s evaluation and analysis of why the regulatory changes are approvable.

§116.10. General Definitions.

· APPROVED SIP as published September 18, 2002 (67 FR 58697); effective October 18, 2002.

· APPROVED SIP as adopted by TNRCC June 17, 1998, effective July 8, 1998.

· Annotation of revisions adopted by TCEQ through May 25, 2002, effective June 12, 2002

Evaluation of §116.10 

### §116.911(

Revised Rule Comments/Evaluation



### §116.10. General Definitions. 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. 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 this chapter, shall have the following meanings, unless the context clearly indicates

otherwise.

* * * * * Approved: 09/18/02 - bold



### (6) Grandfathered facility - Any facility that is not a new facility and has not been modified since August 30, 1971 since it was constructed prior to the permit requirements of this chapter

. SUBMITTED: 07/22/98

Rev SUBMITTED: 07/31/02 -

Underlined ; meets 51.163

Non-substantive revision which replaces generic language with specific grandfather date. Fi nal approval in a separate rulemaking. See 75 FR 19468, April 14, 2010.CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.A.3

CONSTRUCTION OR MODIFICATION

SUBCHAPTER A- DEFINITIONS §§116.10, 116.18

§116.18. Electric Generating Facility Permits Definitions.

· Annotation of revisions adopted by TCEQ through May 22, 2002 , effective June 12, 2002.

Evaluation of §116.18

Revised Rule Comments/Evaluation

§116.18. Electric Generating Facility Permits Definitions. The following words and terms, when used in Subchapter I of this chapter (relating to Electric Generating Facility Permits) shall have the following meanings, unless the context clearly indicates otherwise.

* * * * * SUBMITTED: 01/03/00

(11) Natural gas-fired EGF - For purposes of Subchapter I of this chapter, an EGF that was designed to burn either natural gas or an EGF that was designed to burn both natural gas and fuel oil. (12) Normal Annual Operating Schedule - For the purposes of §116.911(f)(1) of this title (relating to Electric Generating Facility Permit Application), the maximum number of operating hours for an EGF in any 12 consecutive month period between January 1, 1997 and December 31, 1999. For sites with more than one EGF, the owner or operator may use the EGF with the highest number of operating hours. NEW Definitions
SUBMITTED 07/31/02 - Underlined

MEETS 51.163. The submitted

definitions do not conflict with a

federal definition or with the Act.

(13) (11) Peaking unit - *** (14) (12) Person - *** SUBMITTED 01/03/00

Rev SUBMITTED 07/31/02 - Existing definitions renumbered from¶¶(11)-(12) to ¶¶ (13)-(14). Nonsubstantive change to

accommodate new definitions

submitted 07/31/02.

MEETS 51.163CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.1

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

§116.910. Applicability.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.910

Revised Rules Comments/Evaluation

§116.910. Applicability.



### (a) The owner or operator of a grandfathered electric generating facility (EGF) shall apply for a permit to operate that facility under this subchapter and may apply for permit authorization to operate certain facilities (identified in §116.911(f) of this title (relating to Electric Generating Facility Permit Application)) that are located at the same site as a grandfathered EGF

. NEW. SUBMITTED 01/03/00

REV SUBMITTED 07/31/02

Adds reference to perm it authorizations under §116.911(f)

MEETS 51.160(c), 51.163

* * * * *



### (e) Emissions of nitrogen oxides shall be permitted under this subchapter for any grandfathered or electing EGF. Emissions of sulfur dioxide and particulate matter shall be permitted under this subchapter only for grandfathered or

e lecting EGFs. Emissions of other air contaminants from grandfathered EGFs may be permitted under this subchapter, provided the grandfathered EGFs meet the requirements of Chapter 116, subchapter H of this title (relating to Voluntary

Emission Reduction Pe rmits). NEW. SUBMITTED 01/03/00

REV SUBMITTED 07/31/02

MEETS 51.160, 51.163



### (e) (f) ***

_________________________________________________

(f) (g) A grandfathered An EGF that generates electric energy primarily for internal use but that during 1977 sold, to a utility distribution system, less than one-third of its potential electric output capacity, or less than 219,000 megawatt-hours, is not required to obtain a permitunder this subchapter subject to the requirements of this chapter

. NEW. SUBMITTED 01/03/00 - Underlined

REV SUBMITTED 07/31/02 - Double underlined ¶s redesignated consistent with the repeal of ¶(c).

MEETS 51.163

___________________________________________

NEW. SUBMITTED 01/03/00 - Underlined

REV SUBMITTED 07/31/02 - Double underlined ¶s redesignated consistent with the repeal of ¶(c).

MEETS 51.163CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.2

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

§116.911. Electric Generating Facility Permit Application.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.911

Revised Rules Comments/Evaluation

§116.911. Electric Generating Facility Permit Application.

* * * * * SUBMITTED: 01/03/00

(d) Any grandfathered natura l gas-fired EGF for which a permit application was filed under subsec tion (a) of this section, or for which a permit has been obtained in accordance with subsection (a) of this section, or which is excluded in accordance with §116.910(d) of this title (relating to Applicability) from the requirement to submit an application under subsection (a) of th is section is considered permitted

for the emissions of all air contaminants from that EGF. New ¶. SUBMITTED 07/31/02 - Underlined

MEETS 51.160.

(e) An owner or operator of a grandfathered coal-fired EGF with a permit issued in accordance with subsection (a) of this section or with an application pending under subsection (a) of this section may submit an application for an EGFP in accordance with to §116.917 of this title (relating to Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites) to authorize the emissions of all criteria pollutants from the EGF

other than NO

x , SO 2 , and PM as it relates to opacity. New ¶. SUBMITTED 07/31/02 - Underlined

MEETS 51.160 (c), 51.163

(f) An owner or operator of a grandfathered or electing EGF with a permit application pending under subsection (a) of this section or a permit issued in accordance with subsection (a) of this section may submit an application for an EGFP in accordance with §116.917 of this

title to also authorize each of the following types of facilities that are

located at the same site as the EGF: (1) a generator that does not generate electric energy for compensation and is used not more than 10% of the normal annual operating schedule; or (2) an auxiliary fossil-fuel-fired combustion facility that does not generate electric energy and does not emit more than 100 tons per year of any air contaminant. New ¶. SUBMITTED 07/31/02 - Underlined

MEETS 51.160 (c), 51.163

(g) Any application submitted in accordance with §116.917 of

this title for facilities identified in subs ection (e) of this section must be submitted by September 1, 2003. Any application submitted in accordance with §116.917 of this title for facilities identified in subsection (f)(1) or (2) of this secti on must be submitted by September 1, 2002. Any additional controls specified in an EGF permit issued in accordance with an application filed under §116.917 of this title are New ¶. SUBMITTED 07/31/02 - Underlined

MEETS 51.160 (c), 51.163

Note that Chapter 116, S ubchapter H, section 116.771 of this title will be the subject of a future rulemaking.CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.3

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.911

Revised Rules Comments/Evaluation

subject to the schedule outlined in §116.771 of this title (relating to Implementation Schedule for Additional Controls.)

(h) Emissions of air contaminants from facilities identified in subsection (f)(1) or (2) of this section must be included in each applicable emissions allowance trading program under Chapter 101, Subchapter H, Division 2 of this title (relating to Emissions Banking and Trading Allowances). The commission will not issue any new emissions allowance for the emissions of any air contaminant from such a facility. New ¶. SUBMITTED 07/31/02 - Underlined

MEETS 51.160, 40 CFR Part 72 Acid Rain Program.

Note that Chapter 101, Subchapter H, Division 2 is being acteed on in a separate rulemaking.



### (i) (d) *** SUBMITTED 01/03/00

REV SUBMITTED 07/31/02 - Underlined ; - Redesignated from ¶(d) to ¶(i); ¶ redesignated to be consistent with the addition of new ¶s (d)-(h).

MEETS 51.163

§116.913. General and Special Conditions.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.913

Revised Rules Comments/Evaluation

§116.913. General and Special Conditions. (a) The following general conditions shall be applicable to every electric generating facility permit (EGFP) unless otherwise specified in the permit. SUBMITTED: 01/03/00

MEETS 51.160, 51.163



### (1) A permit issued under this subchapter may authorize authorizes the following:(A) for grandfathered natural gasfired electric generating facilities (EGFs), emissions of all

air contaminants nitrogen oxides (N O

x 

### ) from all grandfathered and electing electric generating facilities (EGF) ; (B) for grandfathered coal-fired EGFs, nitrogen oxides (NO

x 

### ) emissions , sulfur dioxide

dioxides (SO 2 

### ) emissions, and particulate matter (PM) SUBMITTED 01/03/00

REV SUBMITTED 07/31/02 - Underlined

Revised ¶s (1)(A)-(C) and add new ¶s (D)-(E).

These revisions were made to make this section consistent with provisions of Chapter 116 Subchapter H, submitted 07/31/02.

MEETS 51.160, 51.163CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.4

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.913

Revised Rules Comments/Evaluation


### through opacity limitations as specified in §111.111 of this title (relating to Requirements for Specified Sources) from

coal

- fired grandfathered and electing EGFs ; (C) for electing natural gas-fired EGFs, allowances for NO

x 

### emissions particulate matter through opacity limitations as specif ied in §111.111 of this title (relating to Requirements for Specified Sources); from

coal

- fired grandfathered and electing EGFs. ; (D) for electing coal-fired EGFs,

allowances for NO

x 

### emissions, allowances for SO 2 

### emissions, and PM through opacity limitations as specified in §111.111 of this title; and (E) for facilities identified in §116.917(a) of this title (relating to Electric GeneratingFacility Permit Application for Certain Grandfathered CoalFired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites), emissions of all criteria pollutants.

(2) An EGFP may permit emissions of all other air contaminants from grandfathered EGFs, provided that the requirements of Chapter 116, Subchapter H of thi s title (relating to Voluntary Emission Reduction Permit are

met. SUBMITTED 01/03/00

REV SUBMITTED 07/31/02 -Striikeout

¶ (2) removed cons istent with provisions of Chapter 116 Subchapter H, submitted 07/31/02.

MEETS 51.163

(2) (3) Permits for grandfathered facilities as defined in §116.10 of this title (relating to Ge neral Definitions) at sites with grandfathered or electing EGFs and permitted under Chapter 116 Subchapter H of this chapter (relating to Permits for Grandfathered Facilities) may be consolidated with a permit issued under this subchapter

. (3) (4) The owner or operator of a grandfathered EGF,

an or electing EGF, and if applicable, any facility included in an EGFP under §116.917 of this title, must comply with Chapter 101, Subchapter H, Division 2 of this title (relating to Emissions Banking and Trading of Allowances) including the requirement to maintain allowances in a compliance account. Allowances may be transferred in accordance with §101.335 of this title (relating to Allowance Banking and Trading). (4) (5) Mass emission monitoring and reporting shall be conducted in accordance with §116.914 of this title (relating to Emissions Monitoring and Reporting Requirements). (5) (6) On June 1 after every control period, the owner

or operator a grandfathered or electing EGF subject to this subchapter hold a quantity of allowances for emissions of NO

x and, where applicable, SO 2 , in its compliance account that is equal to or greater than SUBMITTED 01/03/00

REV SUBMITTED 07/31/02 - Underlined

Revised consistent with changes in Chapter 116, Subchapter H.

MEETS 51.160, 51.163, 51, 40 CFR Part 72 Acid Rain ProgramCHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.5

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.913

Revised Rules Comments/Evaluation

the total emissions of that air contaminant emitted during the prior control period for each EGF permitted in accordance with §116.911(a) and (b) of this title (relating to Electric Generating Facility Permit Application) and for each facility permitted in accordance with §116.917

of this title. (6) (7) Owners or operators shall submit a report of

the amount of emissions of each allocat ed air contaminant, from the prior control period to the Air Permits Division consistent with the requirements of §101.336(b) of this title (relating to Emission Monitoring, Compliance Demonstration, and Reporting). (7) (8) Coal-fired grandfathered and electing EGFs must meet the opacity limitations of §111.111 of this title (relating to Requirements for Specified Sources)

.

(8) Natural gas-fired EGFs that were designed to also burn fuel oil may burn any American Society for Testing and Materials (ASTM) grade fuel oil or mixture of ASTM grade fuel oils containing not more than 0.7% sulfur by weight as determined by ASTM Method D 396. Burning of fuel oil does not relieve the owner or operator of the EGF from the responsibility to comply with the emission limitations, allowances, or conditions of any perm it or state or federal regulation. The burning of waste or used oils is not authorized by this subchapter. (9) Owners or operators of natural gas fired EGFs that were designed to also burn fuel oil shall submit an annual report for the EGFs that burned fuel oil during each control period. The report shall include the names of the unit(s) burning fuel oil, the date(s) that fuel oil is burned, the amount of fuel oil bur ned, and the ASTM grade(s) of the fuel oil or fuel oil mixture that is burned. This report shall be included with the report required by §101.336(b) of this title (relating to Emission Monitoring, Compliance Demonstration, and Reporting). SUBMITTED 07/31/02 - Underlined

New ¶s to be consistent with provisions of Chapter 116, Subchapter H.

MEETS 40 CFR Part 60 Appe ndix A: Test Methods, 51.160(c), 40 CFR 51.212: Testing, inspection, enforcement, and compliance.

* * * * *CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.6

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

§116.917. Electric Generating Facility Permit Applicat ion for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Fac ilities Located at Electric Generating Facility Sites.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.917

Revised Rules Comments/Evaluation

§116.917. Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(a) Any application for an electric generating facility permit (EGFP) for additional criteria pollutants from grandfathered coal-fired electric generating facilities (EGFs) identified in §116.911(e) of this title (relating to Electric Generating Facility Permit Application) or for grandfathered facilities identified in §116.911(f)(1) or (2) of this title (relating to Electric Generating Facility Permit Application) must include a completed Form PI-1G, Grandfathered Facility Permit Application. The Form PI-1G must be signed by an authorized representative of the applicant. The Form PI-1G specifies additional support information which must be provided before the application is deemed complete. In order to be granted a permit for a grandfathered facility under this section, the owner or operator of the grandfathered facility shall submit

information to the commission which demonstrates that all of the following are met. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(1) Protection of public health and welfare. The emissions from the grandfathered facility will comply with all rules and regulations of the commission and with the intent of the TCAA, including protection of the health and physical property of the people. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(2) Measurement of emissions. The EGFP may have provisions for measuring the emission of air contaminants as determined by the commission. These may include the installation of sampling ports on exhaust stacks and construction of sampling platforms in accordance with guidelines in the “Texas Natural Resource Conservation Commission Sampling Procedures Manual,” portable analyzers, or emissions calculations if a known process variable is monitored. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(3) New Source Performance Standards (NSPS). The emissions from each affected facility as defined in 40 Code of Federal Regulations (CFR) Part 60 will meet at least the requirements of any applicable NSPS as listed under 40 CFR Part 60, promulgated by the EPA under authority granted in accordance with FCAA, §111, as

amended. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 40 CFR Part 60

(4) National Emission Standards for Hazardous Air Pollutants (NESHAP). The emissions from each facility as defined in 40 CFR Part 61 will meet at least the requirements of any applicable NESHAP, as listed under 40 CFR Part 61, promulgated by the EPA under authority granted in accordance with FCAA, §112, as amended. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 40 CFR Part 61CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.7

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.917

Revised Rules Comments/Evaluation

(5) NESHAPs for source categories. The emissions from each affected facility shall meet at least the requirements of any applicable maximum achievable control technology (MACT) standard as listed under 40 CFR Part 63, promulgated by the EPA in accordance with FCAA, §112, or as listed under Ch apter 113, Subchapter C of this title (relating to National Emission Standards for Hazardous Air Pollutants for Source Categories (FCAA, Section 112, 40 CFR 63)). SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 40 CFR Part 63

(6) Performance demonstration. The grandfathered facility will achieve the performance specified in the permit application. The commission may require the applicant to submit additional engineering data after an EGFP has been issued in order to demonstrate further that the grandfathered facility will achieve the performance specified in the permit. In addition, the commission may require initial compliance testing to determine ongoing compliance through engineering calculations based on measured process variables, parametric or predictive monitoring, stack monitoring, or stack testing. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 51.212

(7) Nonattainment review. A grandfathered facility in a nonattainment area shall comply with all applicable requirements under Subchapter B, Division 5 of this chapter (relating to Nonattainment Review). SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163, 51.165

(8) Prevention of Significant Deterioration (PSD) review. A grandfathered facility in an attainment area shall comply with all applicable requirements under Subchapter B, Division 6 of this chapter (relating to Prevention of Significant Deterioration Review). SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 51.166

(9) Air dispersion modeling or ambient monitoring. The commission may require computerized air dispersion modeling and/or ambient monitoring to determine the air quality impacts from the grandfathered facility. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(10) Federal standards of review for constructed or reconstructed major sources of hazardous air pollutants. If the grandfathered facility is an affected source (as defined in §116.15(1) of this title (relating to Section 112(g) Definitions)), the affected source shall comply with all applicable requirements under Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Majo r Sources (FCAA, Section 112(g), 40 CFR Part 63)). SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 40 CFR Part 63

(11) Application content. In addition to any other requirements of this subchapter, the applicant shall:

(A) identify each facility to be included in the electric generating facility permit;

(B) identify the air contaminants emitted; and (C) provide emission rate calculations. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.8

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.917

Revised Rules Comments/Evaluation

(b) Upon request, the commission shall consolidate an application submitted in accordance with this section with an application pending in accordance with §116.911(a) of this title. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H. 11.

MEETS 51.163

(c) Applications submitted in accordance with this section are subject to the requirements of §116.920 of this title (relating to Public Participation for Initial Issuance). SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

, 51.161CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.9

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

§116.918. Additional General and Special Conditions for Grandfathered Coal-Fi red Electric Generating

Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.918

Revised Rules Comments/Evaluation

§116.918. Additional General and Speci al Conditions for Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H

MEETS 51.160, 51.163

(a) Permits issued to facilities submitting applications under §116.917 of this title (relating to Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating

Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites) may contain general and special conditions. The holders of a permit under this subchapter shall comply with any and

all such conditions. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(b) General conditions. Holders of permits issued to facilities submitting applications in accordance with §116.917 of this title shall comply with the following general conditions, regardless of whether they are specifically stated within the permit document. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(1) Sampling requirements. (A) If sampling is required, the permit holder shall contact the commission’s Office of Compliance and Enforcement prior to sampling to obtain the proper data forms and procedures. (B) All sampling and testing procedures must be approved by the executive director and coordinated with the regional representatives of the commission. (C) The permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163, 51.212

(2) Equivalency of methods. The permit holder must demonstrate or otherwise justify the equivalency of emission control methods, sampling or other emission testing methods, and monitoring methods proposed as alternatives to methods indicated in the conditions of the permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the executive director prior to their use in fulfilling any requirements of the permit. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163, 51.212

(3) Recordkeeping. The permit holder shall: (A) maintain a copy of the permit along with records containing the information and data sufficient to demonstrate compliance with the permit, including production records and operating hours; (B) keep all required records in a file at the plant site. If, however, the facility normally operates unattended, records

shall be maintained at the nearest staffed location within the State of SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163, 51.211CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.10

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.918

Revised Rules Comments/Evaluation

Texas specified in the application; (C) make the records available at the request of personnel from the commission or any air pollution control program having jurisdiction; (D) comply with any additional recordkeeping requirements specified in special conditions attached to the permit; and (E) retain information in the file for at least two years following the date that the information or data is obtained.

(4) Maximum allowable emission rates. The total

emissions of air contaminants from a ny of the sources of emissions must not exceed the values stated on the table attached to the permit entitled

"Emission Sources--Maximum Allowable Emission Rates." SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.230

(5) Maintenance of emission control. The permitted facilities shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. The permit holder shall provide notification for upset and maintenance in accordance with §101.6 and §101.7 of this title (relating to Upset Reporting and Recordkeeping Requirements; and Maintenance, Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements). SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.163, 51.211, 51.230

(6) Compliance with rules. (A) Acceptance of a permit by an applicant constitutes an acknowledgment and agreement that the permit holder will comply with all rules, regulations, and orders of the commission issued in conformity with the TCAA and the conditions precedent to the granting of the permit. (B) If more than one state or federal rule or regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance shall be

demonstrated. (C) Acceptance includes consent to the entrance of commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants, including compliance with the permit. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.163, 51.211, 51.230

(c) Special conditions. The holders of permits issued under this subchapter shall comply with all special conditions contained in the permit document. (1) Special conditions may be attached to a permit that are more restrictive than the requirements of this title. (2) Special condition for written approval. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.163, 51.230

(A) The executive director may require as a special condition that the permit holder obtain written approval before SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions ofCHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.11

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.918

Revised Rules Comments/Evaluation

constructing a source under: (i) a standard permit in accordance with Subchapter F of this chapter (relating to Standard Permits); or (ii) a permit by rule under Chapter 106 of this title (relating to Permits by Rule). Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(B) Such written approval may be required if the executive director specifically finds that an increase of a particular pollutant could either: SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(i) result in a significant impact on the air environment; or SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(ii) cause the facility to become subject to review under: SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.160, 51.163

(I) Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Majo r Sources (FCAA, Section 112(g), 40 CFR Part 63)); or (II) the provisions in Subchapter B, Division 5 of this chapter (relating to Nonattainment Review) and Subchapter B, Division 6 of this chapter (relating to Prevention of Significant Deterioration Review). SUBMITTED 07/31/02 - Underlined

MEETS 51.160, 51.163, 40 CFR Part 63, 51.165,

51.166

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

§116.921. Notice and Comment Hearings for Initial Issuance.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.921

Revised Rules Comments/Evaluation

§116.921. Notice and Comment Hearings for Initial Issuance.

* * * * * SUBMITTED 01/03/00

(b) The commission shall decide whether to hold a hearing. The commission is not required to hold a hearing if the basis of the request by a person who may be affected by emissions from a grandfathered or electing electric ge nerating facility (EGF) or a facility described in §116.911(f) of this title (relating to Electric Generating Facility Permit Application) is determined to be unreasonable. If a hearing is requested by a person who may be affected by emissions from SUBMITTED 01/03/00

REV SUBMITTED 07/31/02 - Underlined

Revised ¶ (b). These revi sions were made to make this section consistent with provisions of Chapter 116m Subchapter H, submitted 07/31/02.

MEETS 40 CFR 51.161. Public availability of

information. The federal re gulations do not require a State permitting authority to provide a hearingCHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.12

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

Evaluation of §116.921

Revised Rules Comments/Evaluation

a grandfathered or electing EGF or a facility described in §116.911(f) of

this title , and that request is reasonable, the commission shall hold a hearing. regarding an EGFP. The inclusion of such provision in its State regulations is approval because it strengthens the SIP.

(c) At the applicant’s expense, notice of a hearing on a draft EGFP must be published in the public notice section of one issue of a newspaper of general circulation in the municipality in which the grandfathered or electing EGF or a facility described in §116.911(f) of

this title is located, or in the municipality nearest to the location of the grandfathered or electing EGF or a facility described in §116.911(f) of

this title . The notice must be published at least 30 days before the date set for the hearing. The notice must include the following: (1) the time, place, and nature of the hearing; (2) a brief description of the purpose of the hearing;

and (3) the name and phone number of the commission office to be contacted to verify that a hearing will be held. SUBMITTED 01/03/00

REV SUBMITTED 07/31/02 - Underlined

Revised ¶ (c). These revi sions were made to make this section consistent with provisions of Chapter 116m Subchapter H, submitted 07/31/02.

MEETS 40 CFR 51.161(b)(3)

* * * * *CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW Page 116.I.13

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I - ELECTRIC GENERATING FACILITY PERMITS §§116.910, 116.911, 116.913, 116.917, 116.918, 116.921, 116.928, 116.930

§116.926. Permit Fee.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.926

Revised Rules Comments/Evaluation

§116.926. Permit Fee. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

(a) Fees required. Any person who applies for a permit in accordance with §116.917 of this title (relating to Electric Generating Facility Permit Application for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites) must remit a fee of $450 at the time of application for such permit. If the facility is a small business stationary source facility, as defined in TCAA, §382.0365(h), the fee shall be $100. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS Section 110(a)(2)(A) of the Clean Air Act

(b) Payment of fees. All permit fees must be remitted in the form of a check or money order made payable to the Texas Natural

Resource Conservation Commission and delivered to Texas Natural Resource Conservation Commission, P. O. Box 13088, MC 214, Austin, Texas 78711-3088. Required fees must be received before the commission will begin examination of the application. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS Section 110(a)(2)(A) of the Clean Air Act

(c) Return of fees. Fees must be paid at the time an application for a permit is submitted in accordance with this subchapter. If the applicant withdraws the application prior to issuance of the permit, one-half of the fee will be refunded, except that the entire fee will be refunded for any such application for which a permit by rule in accordance with Chapter 106 of this title (relating to Permits by Rule) is allowed. No fees will be refunded after a deficient application has been voided, denied, or after a permit has been issued by the commission. SUBMITTED 07/31/02 - Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS Section 110(a)(2)(A) of the Clean Air Act§116.928. Delegation.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.928

Revised Rules Comments/Evaluation

§116.928. Delegation. The commission delegates to the executive director the authority to take any action on a permit issued under this subchapter. Section 116.922(b)(3) of this title (relating to Notice of Final Action) provides notification that any person affected by a decision of the commission may petition for rehearing. Notwithstanding §116.922(b)(3) of this title, any Notice of Final Action sent regarding a permit action under this subchapter will state that a person affected by a decision of the executive director may file a motion to overturn the executive director’s decision under §50.139 of this title (relating to Motion to Overturn Executive Director’s Decision) rather than a petition for rehearing. SUBMITTED 07/31/02- Underlined

New § adopted to be consis tent with provisions of Chapter 116, Subchapter H.

MEETS 51.163, 51.230

§116.930. Amendments and Alterations of Permits Issued Under this Subchapter.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

Evaluation of §116.930

Revised Rules Comments/Evaluation

§116.930. Amendments and Alterations of Permits Issued Under this Subchapter Modifications

. The owner or operator planning a modification of a facility permitted under this subchapter must comply with Subchapter B of this chapter (relating to New Source Review Permits) before work is begun

on the construction of the modification. Amendments and alterations for permits issued in accordance with this subchapter are subject to the requirements of Subchapter B of this chapter. SUBMITTED 01/03/00

REV: SUBMITTED 07/31/02 - Underlined and

Strikeout.

Revised §116.930. These revisions were made to make

this section consistent with provisions of Chapter 116m Subchapter H, submitted 07/31/02.

MEETS 51.160, 51.163, 51.166