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) 665-7250 
TECHNICAL SUPPORT DOCUMENT 

TABLE OF CONTENTS 

Abstract 

I. Introduction .................................................................................................................................................... 1 

II. What are the SIP submittals that EPA is evaluating in this document? .......................................................... 1 

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

IV. What Sections is EPA evaluating in this document? ...................................................................................... 3 

V. EPA’s Evaluation ........................................................................................................................................... 7 

VI. Recommendation ............................................................................................................................................ 7 

List of Tables 

Table 1. SIP Submittals evaluated in this TSD. ........................................................................................................... 1 

Table 2. Sections that were submitted January 3, 2000, that are affected by the July 31, 2002 submittal. .................. 2

Table 3. Sections of 30 TAC Chapter 116 evaluated in this document. ...................................................................... 3 

Appendix

I. Abstract ........................................................................................................................................................... 1 

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

III. Annotation Procedure ...................................................................................................................................... 1 

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

Subchapter A - Definitions.

§116.10 - General Definitions.. ......................................................................................................................... 116.A.1 

§116.18 - Electric Generating Facility Permits Definitions.. ............................................................................. 116.A.2 

Subchapter I - Electric Generating Facility Permits. 

§116.910 - Applicability.. .................................................................................................................................... 116.I.1 

§116.911 - Electric Generating Facility Permit Application.. .............................................................................. 116.I.2 

§116.913 - General and Special Conditions.. ....................................................................................................... 116.I.4 

§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.. ........................................................................................................................................ 116.I.6 

§116.918 - Additional General and Special Conditions for Grandfathered Coal-Fired Electric Generating 

Facilities and Certain Grandfathered Facilities Located at Electric Generating Facility Sites.. ............ 116.I.9 

§116.921 - Notice and Comment Hearings for Initial Issuance.. ....................................................................... 116.I.12 

§116.926 - Permit Fee.. ...................................................................................................................................... 116.I.13 

§116.928 - Delegation.. ..................................................................................................................................... 116.I.14 

§116.930 - Amendments and Alterations of Permits Issued Under this Subchapter. . ....................................... 116.I.15
TECHNICAL SUPPORT DOCUMENT 

EVALUATION AND ANALYSIS

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

Abstract

This is a review and evaluation of regulations that 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 evaluation of revisions to the revisions of the following 

Chapter under Title 30 Texas Administrative Code (30 TAC): 

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

We are reviewing the following revisions that the Texas 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 identifies 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 designation 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 Chapter 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 Permits 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 Texas 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 Texas SIP of (30 TAC) Chapter 116, Subchapter A: 

Definitions, section 116.18; and Subchapter I: Electric Generating Facility Permits, sections 116.910, 116.911, 

116.913, 116.917, 116.918, 116.921, 116.926, 116.928, and 116.930, which Texas submitted on July 31, 2002. 

These revisions pertain to the implementing of applicability for grandfathered and electing electric 

generating facilities, with definitions necessary for the implementation 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 SIPMAP. 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 approval 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 revisions 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 indicators 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 Texas and submitted to EPA for approval. The annotation 

procedure for the left column is as follows: 

Description Text Attributes 

Current EPA-approved text which has not been changed in any

subsequent SIP revision submitted to EPA. 

NOTE: This applies to a complete Section, Paragraph, Subparagraph, etc. which is 

unchanged in the submittal.

3⁄4 SIP-approved text - bold

The State has previously submitted a Section, Paragraph, Subparagraph, 3⁄4 Previous SIP-approved text - bold

3⁄4 Revisions 
CHAPTER 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 Section, Paragraph, or Subparagraph _ New text 

 · 1st revision - underlined. 

 · 2nd revision - double underlined

The State has submitted a Section, Paragraph, Subparagraph, etc. 6PDR has reviewed these provisions. 

3⁄4 Previous SIP-approved text - bold

3⁄4 Revisions 

 _ New text 

 · 1st revision - underlined. 

 · 2nd revision - double underlined

The right-hand column documents the history of the regulatory 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. Final 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 51.163
CHAPTER 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 permit 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 

electing 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 Permits).

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 permit under 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 51.163 
CHAPTER 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 natural gas-fired EGF for which a 

permit application was filed under subsection (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 this 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 NOx, SO2, 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 subsection (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 section 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, Subchapter 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 (NOx) from all 

grandfathered and electing electric generating facilities 

(EGF); 

(B) for grandfathered coal-fired 

EGFs, nitrogen oxides (NOx) emissions, sulfur dioxide

dioxides (SO2) 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, 51.163 
CHAPTER 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 NOx emissions particulate matter 

through opacity limitations as specified 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 NOx emissions, allowances for SO2

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 Generating 

Facility 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 this 

title (relating to Voluntary Emission Reduction Permit are 

met.

SUBMITTED 01/03/00 

REV SUBMITTED 07/31/02 -Striikeout 

¶ (2) removed consistent 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 General 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 NOx and, where 

applicable, SO2, 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 Program 
CHAPTER 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 allocated 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 permit 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 burned, 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 Appendix 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 Application for Certain Grandfathered Coal-Fired 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 §116.917 

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 consistent 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 consistent 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 consistent 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 consistent 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 consistent 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 consistent with provisions of 

Chapter 116, Subchapter H. 

MEETS 51.160, 51.163, 40 CFR Part 61
CHAPTER 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 Chapter 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 consistent 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 consistent 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 consistent 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 consistent 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 consistent 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 Major Sources (FCAA, Section 112(g), 40 

CFR Part 63)).

SUBMITTED 07/31/02 - Underlined

New § adopted to be consistent 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 consistent with provisions of 

Chapter 116, Subchapter H.

MEETS 51.160, 51.163
CHAPTER 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 consistent 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 consistent with provisions of 

Chapter 116, Subchapter H. 

MEETS 51.160, 51.163, 51.161
CHAPTER 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-Fired 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 Special 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 consistent 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 consistent 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 consistent 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 consistent 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 consistent 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 consistent with provisions of 

Chapter 116, Subchapter H. 

MEETS 51.160, 51.163, 51.211 
CHAPTER 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 any 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 consistent 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 consistent 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 consistent 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 consistent 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 consistent with provisions of 
CHAPTER 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 consistent 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 consistent 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 consistent 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 Major 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 consistent 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 generating 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 revisions 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 regulations do not require a 

State permitting authority to provide a hearing 
CHAPTER 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 revisions 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 consistent 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 consistent 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 consistent 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 consistent 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 consistent 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