Technical Support Document Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

I. Introduction.

A. In this action, the Environmental Prot ection Agency (EPA) is approving the following SIP revisions submitted by the State of Texas:

1. Revisions to 30 TAC 116.160 – Prevention of Significant Deterioration Requirements – adopted by TCEQ on January 11, 2006, and submitted to EPA February 1, 2006.

2. Revisions to 30 TAC 116.160 – Prevention of Significant Deterioration Requirements – adopted by TCEQ on June 2, 2010, and submitted to EPA July 16, 2010.

B. What did Texas submit?

Texas submitted new and revised rules as outlined in Tables 1 and 2 below. Table 1 – Summary of Each SIP Submittal That is Affected by this Action

Title of SIP submittal Date submitted

to EPA Date of State adoption Regulations affected

Federal New Source

Review Permit Rules Reform 2/1/2006 1/11/2006 Revision to 30 TAC 116.160 – Prevention of Significant Deterioration Requirements.

• The Rule was changed to reorganize existing SIPapproved rule.

• The change resulted in removal of cross-references to 40 CFR 52.21(b)(12) and 52.21(r)(4) which are critical to administration and enforcement of PSD requirements.

• The change included the removal of definitions of “building, structure, facility, on installation” and “secondary emissions” in 30 TAC 116.160(c)(1)- (2), respectively. The removal of these definitions are nonsubstantive because these terms are currently defined in the Texas SIP at 30 TAC 116.12(4) and (17), respectively. Best Available Control

Technology (BACT) in Prevention of Significant Deterioration (PSD) Permitting 7/16/2010 6/2/2010 Revision to 30 TAC 116.160 – Prevention of Significant Deterioration Requirements.

• The revision reinstated cross-references to 40 CFR 52.21(b)(12) and 52.21(r)(4); and

• The revision added a cross-reference to 40 CFR 52.21(j) – Control technology review.Technical Support Document Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

2 Table 2 – Summary of Each Regulati on that is Affected by this Action

Section Title Date submitted Date of State adoption Comments

Chapter 116 – Control of Air Pollution by Permits New Construction or Modification Subchapter B – New Source Review Permits Division 6 – Prevention of Significant Deterioration Review 2/1/2006 1/11/2006 • Rule changed to reorganize existing SIP-approved rule.

• The change resulted in removal of cross-references to 40 CFR 52.21(b)(12) and 52.21(r)(4) which are critical to administration and enforcement of PS D requirements. Section

116.160 Prevention of Significant Deterioration Requirements

7/16/2010 6/2/2010 • The revision reinstated cross-references to 40 CFR 52.21(b)(12) and 52.21(r)(4).

• The revision added a cross-reference to 40 CFR 52.21(j) – Control technology review.

II. What is EPA Approving?

A. EPA is approving the following:

1. Revisions to 30 TAC 116.160 – Prevention of Significant Deterioration Requirements – adopted by TCEQ on January 11, 2006, and submitted to EPA February 1, 2006.

2. Revisions to 30 TAC 116.160 – Prevention of Significant Deterioration Requirements – adopted by TCEQ on June 2, 2010, and submitted to EPA July 16, 2010.

B. We have evaluated the SIP submissions for whether they meet the Act and 40 CFR Part 51. Based upon our evaluation, EPA has concluded that the submitted revisions to 30 TAC 116.160 – Preventi on of Significant Deterioration Requirements – submitted February 1, 2006, and July 16, 2010, meet the applicable requirements of the Clean Ai r Act and the requirements of 40 CFR 51.166 – Prevention of significant deterioratio n of air quality. The basis for this conclusion is summarized in Section III and the Appendix.Technical Support Document Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

3 III. Evaluation of Revisions

A. Removal and Subsequent Reinstatement of the Definition of PSD best available control technology (BACT) in 40 CFR 52.21(b)(12).

1. Background. The current Texas PSD SIP requires al l new major stationary sources and major modifications in a nonattainmen t or nonclassifiable area to apply BACT to new and modified emissions units. This is required in 30 TAC 116.160(a) which incorporates by refere nce the federal PSD definition of BACT in 40 CFR 52.21(b)(12) into the Texas SIP.

2. Changes Submitted February 1, 2006. In this SIP revision, TCEQ reorgani zed and renumbered the requirements on 30 TAC 116.160. This submittal removed the reference to the definition of federal PSD BACT in 40 CFR 52.21(b)(12). On September 23, 2009, EPA proposed to disapprove the 2006 submittal due in part to its removal of this definition. EPA observed that under the PSD Program, PSD BACT is a central requirement of the Act and that the State’s submission of a revision that removes the requirement that all new major stationary sources and major modifi cations meet, at a minimum, PSD BACT as defined by the Act creates a situation where the submitted SIP revision would violate the Act and also be a relaxation of the requirements of the Texas PSD SIP. See the pro posed disapproval at 74 FR 48467, at 48472.

3. Changes Submitted July 16, 2010. On July 16, 2010, Texas submitted a revision to 30 TAC 116.160 that reinstates the federal PSD BACT definition in 40 CFR 52.21(b)(12). See the submitted 30 TAC 116.160(c)(1)(A). The revision also includes a reference to 40 CFR 52.21(j) whic h implements the PSD BACT definition. See submitted 30 TAC 116.160(c)(2)(A).

4. Evaluation of Submitted Changes. The adoption of the reference to the fe deral definition of PSD BACT in 40 CFR 52.21(b)(12) corrects a deficiency in the 2006 submittal because it reinstates a requirement that is a central requirement of the Act. Approval of this 2010 revision maintains the Texas PSD SIP to its status when EPA first approved the SIP in 1992. Accordingly, EPA is approving the reinstatement of the reference to federal PSD BACT in 40 CFR 52.21(b)(21).Technical Support Document Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

4 B. Addition of Provision for Control Technology Review in 40 CFR 52.21(j).

1. Background. The current Texas PSD SIP at 30 TAC 116.160(b)(1) excludes the requirements of 40 CFR 52.21(j). The basi s for this exclus ion is discussed in the proposed approval of 30 TAC 116.160 at 54 FR 52823, at 52824- 52825.

2. Changes Submitted February 1, 2006. In this SIP revision, TCEQ reorgani zed and renumbered the requirements on 30 TAC 116.160. In this revision, TCEQ continued to exclude the requirements of 40 CFR 52.21(j).

3. Changes Submitted July 16, 2010.

This submittal revised 30 TAC 116.160 to incorporate the requirements of 40 CFR 52.21(j). See the submitted 30 TAC 116.160(c)(2)(A). This provision was not referenced in th e Texas PSD SIP approved in 1992.

4. Evaluation of Submitted Changes. The addition of a reference to 40 CFR 52.21(j) complements the reinserted federal definition of PSD BACT. Texas chose to reference 40 CFR 52.21(j) because of confusion over th e years about PSD versus Minor NSR BACT determination requirements. It complements the reinserted federal definition of PSD BACT. Accordingly, EPA is approving the addition of a reference to 40 CFR 52.21(j).

C. Removal and Subsequent Reinstatement of Provision of Enforceable Limitations in 40 CFR 52.21(r)(4).

1. Background.

The current Texas PSD SIP in 30 TAC 116.160(a) incorporates by reference the provisions of 40 CFR 52.21(r)(4). This rule provides that if a project becomes a major stationary source or major m odification solely because of a relaxation of an enforceable limitation on the source or modification’s capacity to emit a polluta nt, then the source or modification is subject to PSD as if cons truction had not yet commenced.

2. Changes Submitted February 1, 2006. In this SIP revision, TCEQ reorganized and renumbered the requirements on 30 TAC 116.160. This revision removed the reference to 40 CFR 52.21(r)(4) that the State had previously incorporated into its PSD SIP. The removal of this requirement means that the State’s rules will not regulate these types of major stationa ry sources and major modificationsTechnical Support Document Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

5 as stringently as the federal program . See the proposed disapproval at 74 FR 48467, at 48472. On July 16, 2010, Texas submitted a revision to 30 TAC 116.160 that reinstates the refe rence to 40 CFR 52.21(r)(4). See submitted 30 TAC 116.160(c)(2)(C).

3. Changes Submitted July 16, 2010. In this SIP revision, TCEQ reinstated the reference to 40 CFR 52.21(r)(4). See the submitted 30 TAC 116.160(c)(2)(C).

4. Evaluation of Submitted Changes. The adoption of the reference to 40 CFR 52.21(r)(4) corrects a deficiency in the 2006 submittal because it reinstat es a requirement that is mandated in the federal program. Approval of this 2010 revision maintains the Texas PSD SIP to its status when EP A first approved the SIP in 1992. Accordingly, EPA is approving the rein statement of the reference to 40 CFR 52.21(r)(4).

D. 30 TAC 116.160(c)(3) which prov ides that the term “facility” shall replace the words “emissions unit” in the re ferenced sections of 40 CFR 52.21.

1. Background.

The current Texas PSD SIP in 30 TAC 116.160(a) has no provision to replace the term “facility” with the words “emissions unit.”

2. Changes Submitted February 1, 2006. In this submitted SIP revision, paragr aph (c)(3) was added to provide that the term “facility” shall replace the words “emissions unit” in the referenced sections of 40 CFR 52.21.

3. Changes Submitted July 16, 2010. The requirements in 30 TAC 116.160(c)(3 ) were not affected by this submitted SIP revision.

4. Evaluation of Submitted Changes. Since the 1992 approval of the Texas PSD SIP, Texas has implemented its PSD Program to apply the term emi ssions unit as it is used in 40 CFR 52.21. In the February 1, 2006, submittal, Texas added 30 TAC 116.160(c)(3) which provided that term “facility” shall replace the words “emissions unit” in the referenced s ections of 40 CFR 52.21. Nowhere in the 2006 submittal did Texas indicate a ny intent to change the manner in which it implements its PSD Program . Accordingly, we conclude that Texas’s PSD non-PAL rules explicitly limit the definition of “facility” to “emissions unit” consistent with its historical implementation of its PSDTechnical Support Document Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

6 program since 1992. For further in formation, see 74 FR 48467, at 48473, footnote 6, and 48475; compare 30 TAC 116.10(6) to 30 TAC 116.160(c)(3). The State clearly thought the prudent legal course was to limit “facility” explicitly to “emissi ons unit” in its PSD SIP non-PALs revision. Accordingly, EPA is approving the provisions in 30 TAC 116.160(c)(3), submitted February 1, 2006.

E. Remaining Provisions in the SIP Revisions to 30 TAC 116.160, submitted February 1, 2006; and July 16, 2010.

1. Background. The current Texas PSD SIP implements PSD through the incorporation by reference of 40 CFR 52.21, except paragraphs (j), (l), (q), (r)(2), (s), (u), and (w). See 30 116.160(a) and (b) of the current Texas PSD SIP. The current Texas PSD SIP can be accessed at: http://www.epa.gov/eart h1r6/6pd/air/sip/sip.htm Once you are in this website, follow the on-line instructions to find the SIP rule that you wish to see.

2. Changes Submitted February 1, 2006, and July 16, 2010. The changes submitted February 1, 2006, and July 16, 2010, represent nonsubstantive reorganization and renu mbering of the existing provisions in the current SIP rule. See the annotation of 30 TAC 116.160 in the Appendix of this Technical Support Document for further information.

3. Evaluation of Submitted Changes. Except for the deficiencies identified in sections III.A-C above, we find that the remaining changes to 30 TAC 116.160, submitted February 1, 2006, and July 16, 2010, are nonsubstantive and insignificant changes and do not change substa nce of the rule. See the annotation of 30 TAC 116.160 in the Appendix for further in formation. Accordingly, EPA is approving the remaining provisions of 30 TAC 116.160 submitted February 1, 2006, and July 16, 2010.Technical Support Document Appendix Annotation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

i I. General Discussion This Appendix contains the annotation and evaluation of SIP revisions that Texas submitted to EPA on June 10, 2005; and Februa ry 1, 2006. These SIP revisions consist of revisions to 30 Texas Administrative Code (TAC) Chapter 116 – Control of Air Pollution by Permits for New Construction and Modification.

II. Annotation Procedure

The annotation and evaluation consists of a table for each section that is submitted. Below is a description of how each table is organized.

A. Section Title and indication of SIP Approval Status and Pending SIP Revisions

1. Above each table is the t itle of each section.

2. Below the title are notes which indicate the following:

3. Indication whether EPA has approved a pr ior version of the section. If the prior version is currently SIP a pproved, we identify the following:

i. The Federal Register page numbe r and date of the latest SIP approval, the version of the Stat e rule that is approved, and the effective date of the SIP approval action; and

ii. The version of the State rule th at is approved by the date of adoption by the State and the date th e rule was effective as a State rule.

4. Identification of all pending SIP revisi ons considered in this action, which include:

i. The date submitted;

ii. The date adopted by the State; and

iii. The date the rule was effective as a State rule.

B. Organization of Each Table.

1. Each row is the annotation of each subsection, paragraph, subparagraph, etc. or each section. Each row is di vided into two or more columns which show the text of the current SIP-appr oved rule and a separate annotation of each individual SIP revision that is reviewed in this evaluation. Above each column is the date of the SIP revisions for which the changes are shown. The column at the far right of each row provides comments whether the SIP revisions are approvable.Technical Support Document Appendix Annotation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

ii 2. Annotation procedure.

i. If the provision revises requirements in the current SIP, the far left column contains the text of th e current SIP-approved rule. The current SIP-approved rule is includ ed to facilitate comparison of the revised rule to the revise rules that are reviewed for this action.

ii. To the right of the current SIP ru le is the revised rule. If the provision does not revise a curr ently approved SIP rule, it appears in the far left column of the table. If there is more that one revision to the rule, each revision is identif ied in a separate column and the revisions are placed in chronological order with the first revision placed to the immediate right of the current SIP and subsequent revisions are placed on order from left to right. If there is no existing SIP provision, the entire text is underlin ed to indicate that it is new text. If the submittal revised an existing SIP provision, new text is underlined and text that is removed is struck-out. In the case of multiple SIP revisions, each revision is annotated to compare the revised rule to the re vision that immediately preceded that particular change.

iii. The right-most column includes comments indicating whether the submitted changes meet the Federal requirements. The text may include the relevant citation of the Federal requirement and whether the revised rule meets that requirement. In some cases, the text may refer to discussi on which is located immediately below the table when a lengthy explanation is needed.Technical Support Document Appendix Annotation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

1 30 TAC 116.160. Prevention of Signif icant Deterioration Requirements.

Current SIP-Approved 30 TAC 116.160 (shown with 20% shading):

• EPA approved §116.12 July 22, 2004 (69 FR 43750); effective September 20, 2004.

• Approved version is as adopted by TCEQ October 10, 2001; effective November 1, 2001. Revisions considered in th e 9/23/2009 proposed disapprova l (shown with 10% shading):

• Revision submitted February 1, 2006; adopted by TCEQ January 11, 2006; effective February 1, 2006. Revisions subsequently submitted following the proposed 9/23/2009 proposed disapproval (shown with no shading)

• Revision submitted July 16, 2019; adopted by TCEQ June 2, 2010; effective June 24, 2010. Proposed Action:

• Approval of revisions to 30 TAC 116.160 submitted February 1, 2006 and July 16, 2010.

Annotation and Evaluation of §116.160 Comments

Current SIP

§116.160. Prevention of Significant Deterioration Requirements. No change

Current SIP

(a) Each proposed new major source or major modificat ion in an attainment or unclassifiable area shall comply with the ... No change

Rev submitted 2/1/2006 ... requirements of this section. The owner or operato r of a proposed new or modified facility that will be new major stationary source for the prevention of si gnificant deterioration air contaminant shall meet the additional requirements of subsection (c)(1)-(4) of this section. Meets federal requirements based upon evaluation of 30 TAC 116.160(c)(1)-(4) below. Current SIP

... Prevention of Significant Deterioration (PSD) of Air Quality regulations promulgated by the EPA in Title 40 Code of Federal Regulations (CFR) at 40 CFR §52.21 as amended March 12, 1996 and the Definitions for Protection of Visibility promulgated at 40 CFR §51.301 as amended July 1, 1999, hereby incorporated by reference. Rev submitted 2/1/2006 ... Prevention of Significant Deterioration (PSD) of Air Quality regulations promulgated by the EPA in Title 40 Code of Federal Regulations (CFR) at 40 CFR §52.21 as amended March 12, 1996 and the Definitions for Protection of Visibility promulgated at 40 CFR §51.301 as amended July 1, 1999, hereby incorporated by reference. Now in 30 TAC 116.160(c)(1) which identifies the provisions of 40 CFR 52.21 that are referenced in the 30 TAC 116.160.

Rev submitted 2/1/2006

(b) The de minimis threshold test (netting) is required for all modifications to existing major sources of federally regulated new source review pollutants, unless the proposed emi ssions increases associated with a project, without regard to decreases, are less than major modification thresholds for the pollutant identified in 40 CFR §52.21(b)(23). Meets 40 CFR 51.166(a)(7)(iv)( a ).

Rev submitted 2/1/2006

(c) In applying the de minimis threshold test (netti ng), if the net emissions increases, aggregated over the contemporaneous period, are greater than the major modi fication levels for the pollutant identified in 40 CFR §52.21(b)(23), then the following requirements apply. Meets 40 CFR 51.166(a)(7)(iv)( a ).

Rev submitted 2/1/2006 (1) In addition to those definitions in §116.12, of this title (relating to Nonattainment and Prevention of Significant Deterioration Review De finitions) the following definitions from prevention of significant deterioration of air quality regulations promulgated by the EPA in 40 CFR §52.21 and the Definitions for Protection of Visibility and promulga ted at 40 CFR §51.301 as amended July 1, 1999, are hereby incorporated by reference. Formerly in 30 TAC 116.160(a). Recodification is approvable as nonsubstantive change.Technical Support Document Appendix Annotation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

2 Annotation and Evaluation of §116.160 Comments

Rev submitted 2/1/2006 (A) 40 CFR §52.21(b)( 13)-(15), concerning baseline concentrations, dates, and areas, Rev submitted 7/16/2010 (A) 40 CFR §52.21(b)(12) (13) -(15), concerning best available control technology, baseline concentrations, dates, and areas, Rev submitted 2/1/2006 (B) 40 CFR §52.21(b)(19), concerni ng innovative control technology, (C) 40 CFR §52.21(b)(24)-(28), concerning federal land manager, terrain, and Indian reservations/governing bodies, See section III.A in this document for further information on restoration of reference to definition of PSD BACT in 40 CFR 52.21(b)(12). References to other definitions are approvable as nonsubstantive changes to the former references in the current SIP at 30 TAC 116.160(a). Rev submitted 2/1/2006 (2) The following requirements from prevention of significant deterioration of air quality regulations promulgated by the EPA in 40 CFR §52.21 are hereby incorporated by reference. Except where noted, all references to 40 CFR 52.21 in 30 TAC 116.160(c)(2)(A)–(B) below are nonsubstantive recodifications of previous references in the current SIP at 30 TAC 116.160(a). Rev submitted 2/1/2006 (A) 40 CFR §52. 21(c)-(i), concerning increments, ambient air ceilings, restrictions on area classifications, exclusions from increment consumption, redesignati on, stack heights, and exemptions. (B) 40 CFR §52.21(k), concerning source impact analysis. Rev submitted 7/16/2010 (A) 40 CFR §52.21(c)- (k) (i) , concerning increments, ambient air ceilings, restrictions on area classifications, exclusions fr om increment consumption, redesignation, stack heights, and exemptions, control technology review, and source impact analysis ; (B) 40 CFR §52.21(k), concerning source impact analysis. TCEQ added new reference to 40 CFR 52.21(j). See discussion in section III.B for further information.

Rev submitted 2/1/2006 (C) 40 CFR §52.21(m)-(p), concerning air quality analysis, source information, additional impact analysis, and sources impacting federal Class I areas. Rev submitted 7/16/2010 (B) (C) 40 CFR §52.21(m)-(p), concerning air quality analysis, source information, additional impact analysis, and sources impacting federal Class I areas;

. Nonsubstantive recodification of previous references in the current SIP at 30 TAC 116.160(a).

Rev submitted 7/16/2010 (C) 40 CFR §52.21(r)(4), concerning relaxation of an enforceable emission limitation; and Reference to (r)(4) was previously in 30 TAC 116.160(a) of the current SIP and was removed in the 2006 submittal. The 2010 submittal restores the reference to (r)(4) and meets the requirements of 40 CFR 51.166(r)(2). See discussion in section III.C for further information. Rev submitted 2/1/2006 (D) 40 CFR §52.21(v), con cerning innovative technology. Previously cross-referenced in 30 TAC 116.160(a). Rev submitted 2/1/2006 (3) The term "facility" shall replac e the words "emissions unit" in the referenced sections of the CFR. See the discussion of the replacement “emissions unit” with “facility” in section III.D in the body of this document. Rev submitted 2/1/2006 (4) The term “executive director” shall replace the wo rd “administrator” in the referenced sections of the CFR except in 40 CFR §52.21(g) and (v). Formerly in 30 TAC 116.160(d), below. Approvable as nonsubstantive change.Technical Support Document Appendix Annotation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

3 Annotation and Evaluation of §116.160 Comments

Current SIP

(b) The following paragraphs are excluded: (1) 40 CFR §52.21(j), concerning control technology review;

(2) 40 CFR §52.21(l), concerning air quality models;

(3) 40 CFR §52.21(q), concerning public notification (provided, however, that a determination to issue or not issue a permit shall be made within one year after receipt of a complete permit application so long as a contested case hearing has not been called on the application);

(4) 40 CFR §52.21(r)(2), concerning source obligation;

(5) 40 CFR §52.21(s), concerning environmental impact statements;

(6) 40 CFR §52.21(u), concerning delegation of authority; and

(7) 40 CFR §52.21(w), concerning permit rescission. Rev submitted 2/1/2006 (b) The following paragraphs are excluded: (1) 40 CFR §52.21(j), concerning control technology review;

(2) 40 CFR §52.21(l), concerning air quality models;

(3) 40 CFR §52.21(q), conc erning public notification (provided, however, that a determination to issue or not issue a permit shall be made within one year after receipt of a complete permit application so long as a contested case hearing has not been called on the application);

(4 ) 40 CFR §52.21(r)(2), concerning source obligation;

(5) 40 CFR §52.21(s), concerning environmental impact statements;

(6) 40 CFR §52.21(u), concerning delegation of authority; and

(7) 40 CFR §52.21(w), concerning permit rescission. All cites to 40 CFR 52.21 excluded in the current SIP remain excluded, except for 40 CFR 52.21(j), which is now referenced in 30 TAC 116.160(c)(A), as submitted July 16, 2010.

Current SIP

(c) The definitions of build ing, structure, facility, or installation (40 CFR §52.21(b)(6)) and secondary emissions (40 CFR §52.21(b)(18)) are excluded and replaced with the following definitions: Revision submitted 2/1/2006 (c) The definitions of build ing, structure, facility, or installation (40 CFR §52.21(b)(6)) and secondary emissi ons (40 CFR §52.21(b)(18)) are excluded and replaced with the following definitions: Approvable as nonsubstantive change. See comments for 30 TAC 116.160(c)(1)-(2) below.

Current SIP

(1) Building, structure, facility, or installation – all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 supplement. Rev submitted 2/1/2006 (1) Building, structure, facility, or installation

– all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two

- digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 supplement. Definition also in SIP at 30 TAC 116.12(4), approved at 69 FR 43752, 7/22/2004 Removal of this definition from 30 TAC 116.160 does not cause relaxation of SIP. This term is identical to definition in the current SIP at 30 TAC 116.12(4), approved at 69 FR 43752, 7/22/2004 Approvable as nonsubstantive change. Current SIP

(2) Secondary emissions – emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions incl ude emissions from any offsite support facility which would not be constructed or increase its emission except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. Rev submitted 2/1/2006 (2) Secondary emissions

– emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification it self. Secondary emissions incl ude emissions from any offsite support facility which would not be constructed or increase its emission except as a result of the construction or operation of the major stationary source or major modification. Secondary emis sions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. Definition also in SIP at 30 TAC 116.12(4), approved at 69 FR 43752, 7/22/2004 Removal of this definition from 30 TAC 116.160 does not cause relaxation of SIP. This term is identical to definition in the current SIP at 30 TAC 116.12(17), approved at 69 FR 43752, 7/22/2004 Approvable as nonsubstantive change.Technical Support Document Appendix Annotation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements Docket No. EPA-R06-OAR-2010-0620

4 Annotation and Evaluation of §116.160 Comments

Current SIP

(d) The term "executive di rector" shall replace the word "administrator ," except in 40 CFR §52.21(b)(17), (f)(1)(v), (f)(3), (f)(4)(i), (g), and (t). "Administrator or executive director" shall replace "administrator" in 40 CFR §52.21(b)(3)(iii), and "administrator and executive director" shall replace "administrator" in 40 CFR §52.21(p)(2). Rev submitted 2/1/2006 (d) The term "executive di rector" shall replace the word "administrator ," except in 40 CFR §52.21(b)(17), (f)(1)(v), (f)(3), (f)(4)(i), (g), and (t). "Administrator or executive director" shall replace "administrator" in 40 CFR §52.21(b)(3)(iii), and "administrator and executive director" shall replace "administrator" in 40 CFR §52.21(p)(2). Now in ¶(c)(4) – submitted 2/1/2006. Approvable as nonsubstantive change.

Current SIP

(e) All estimates of ambient concentrations required under this subsection shall be based on the applicable air quality models and modeling procedures specified in the EPA Guideline on Air Quality Models, as amended, or models and modeling procedures currently approved by the EPA for use in the state program, and other specific provisions made in the PSD state implementation plan. If the air quality impact model approved by the EPA or specified in the guideline is inappropriate, the model may be modified or another model substituted on a case-by-case basis, or a generic basis for the state program, where appropriate. Such a change shall be subject to notice and opportunity for public hearing and written approval of the administrator of the EPA. Rev submitted 2/1/2006 (d) (e) All estimates of ambient concentrations required under this subsection shall be based on the applicable air quality models and modeling procedures specified in the EPA Guideline on Air Quality Models, as amended, or models and modeling procedures currently approved by the EPA for use in the state program, and other specific provisions made in the prevention of significant deterioration PSD state implementation plan. If the air quality impact model approved by the EPA or specified in the guideline is inappropriate, the model may be modified or another model substituted on a case-by-case basis, or a generic basis for the state program, where appropriate. Such a change shall be subject to notice and opportunity for public hearing and written approval of the administrator of the EPA. Approvable as nonsubstantive change.