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 Protection 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. 
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Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements 

Docket No. EPA-R06-OAR-2010-0620 

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Table 2 – Summary of Each Regulation 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 PSD 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 – Prevention of Significant Deterioration 

Requirements – submitted February 1, 2006, and July 16, 2010, meet the 

applicable requirements of the Clean Air Act and the requirements of 40 CFR 

51.166 – Prevention of significant deterioration of air quality. The basis for this 

conclusion is summarized in Section III and the Appendix. 
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Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements 

Docket No. EPA-R06-OAR-2010-0620 

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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 all new major stationary sources and 

major modifications in a nonattainment or nonclassifiable area to apply 

BACT to new and modified emissions units. This is required in 30 TAC 

116.160(a) which incorporates by reference 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 reorganized 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 modifications 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 proposed 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) which 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 federal 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 

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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 basis for this exclusion 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 reorganized 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 the 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 the 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 modification solely 

because of a relaxation of an enforceable limitation on the source or 

modification’s capacity to emit a pollutant, then the source or modification 

is subject to PSD as if construction 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 stationary sources and major modifications 
Technical 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 reference 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 reinstates a requirement that is mandated 

in the federal program. 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 40 

CFR 52.21(r)(4). 

D. 30 TAC 116.160(c)(3) which provides that the term “facility” shall replace the 

words “emissions unit” in the referenced 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, paragraph (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 emissions 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 sections of 40 CFR 52.21. Nowhere in 

the 2006 submittal did Texas indicate any 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 PSD 
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Evaluation of 30 TAC 116.160 – Prevention of Significant Deterioration Requirements 

Docket No. EPA-R06-OAR-2010-0620 

6

program since 1992. For further information, 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 “emissions 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/earth1r6/6pd/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 renumbering 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 substance of the rule. See the annotation of 30 TAC 

116.160 in the Appendix for further information. 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 February 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 title of each section. 

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

3. Indication whether EPA has approved a prior version of the section. If the 

prior version is currently SIP approved, we identify the following: 

i. The Federal Register page number and date of the latest SIP 

approval, the version of the State rule that is approved, and the 

effective date of the SIP approval action; and 

ii. The version of the State rule that is approved by the date of 

adoption by the State and the date the rule was effective as a State 

rule. 

4. Identification of all pending SIP revisions 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 divided into two or more columns which 

show the text of the current SIP-approved 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 the current SIP-approved rule. The 

current SIP-approved rule is included 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 rule is the revised rule. If the 

provision does not revise a currently 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 identified 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 underlined 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 revision 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 discussion 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 Significant 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 the 9/23/2009 proposed disapproval (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 modification in an attainment or unclassifiable area shall 

comply with the ... 

No change 

Rev submitted 2/1/2006 

... requirements of this section. The owner or operator of a proposed new or modified facility that will be 

new major stationary source for the prevention of significant 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 emissions 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 (netting), if the net emissions increases, aggregated over the 

contemporaneous period, are greater than the major modification 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 Definitions) 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 promulgated 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 

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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), concerning 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, redesignation, 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 from 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), concerning innovative technology.

Previously cross-referenced 

in 30 TAC 116.160(a). 

Rev submitted 2/1/2006 

(3) The term "facility" shall replace 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 word “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 

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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), 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.

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 building, 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 building, 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:

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 include 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 itself. 

Secondary emissions include 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.

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 director" 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 director" 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.