1

SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(In accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: TCEQ

Date Submitted: April 13, 2012

Subject: Regulation No. 117 – Control of Air Pollution from Nitrogen Compounds – Removal of References to System Cap Trading

Completeness Review 

Completed by: Alan Shar; Date Completed: September 2012

Administrative Materials

EPA REQUIREMENT STATE SUBMITTAL Acceptable?

Y N

1. The package is sent with a formal submittal letter from the Governor or his 

or her designee requesting EPA's approval of the revision.

1. The SIP package is submitted with a formal letter from TCEQ 

Chairman Bryan W. Shaw to EPA Region 6.

Y

2. Evidence is included that the State has adopted the revision in the 

State code or body of regulations, or that the State has issued the

permit, order, consent agreement (hereafter document) in final form.

This evidence would include effective date of revision, if different

from adoption/issuance date.

2. State Date of adoption or final issuance: April 3, 2012

(See April 13, 2012 issue of the Texas Register final rule). 

Y

3. Evidence is included that the State has necessary legal authority under 

State law to adopt and implement the revision, e.g., a citation of the 

appropriate State authority.

3. See the Order of Adopting Amended Rules and Revisions to 

the SIP by TCEQ Chairman Bryan W. Shaw for the State Docket 

# 2011-0845-RUL dated April 3, 2012.

Y

4. A copy is included of the actual regulation or document submitted for 

approval and incorporation by reference into the SIP including an indication 

of the changes made to the existing approved plan where applicable. The 

submittal shall be a copy of the official State regulation document signed, 

stamped, and dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date of the regulation document 

shall, whenever possible, be indicated in the document itself.

4. Not an IBR, The submittal shall be a copy of the official State 

regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by 

the State, and the effective date of the rule is Final Rule effective 

date at the State Level: April 19, 2012.

Y

5. Evidence is included that the State followed all the procedural 

requirements of its laws and/or its constitution in the conducting and 

completing the adoption/issuance of the plan. This evidence may be:

a checklist of required steps; a copy of the requirements with each step 

clearly identified; or other appropriate documentation.

5. The Docket # 2011-0845-RUL stamp-dated April 3, 2012

indicates that TCEQ has followed all the procedural 

requirements.

Y
2

EPA REQUIREMENT STATE SUBMITTAL Acceptable?

Y N

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of 

publication of such notice, (e.g., notarized or certified copies of any public 

notices published in newspapers). (The notice should be at least 30 days 

prior to the public hearing(s).

6. Copy of the statement of public notification, example of 

classified ad as proof of publications of the notices, statement in 

the order indicating invitation of public for hearing notices and 

intended action for submission of dat and view on the project is 

available. See the order signed by Bryan W. Shaw on April 3, 

2012. 

Y

7. A certification is included indicating that public hearing(s) was/were held 

in accordance with the information provided in the public notice(s) and the 

State's laws and constitution, if applicable.

7. See the section labeled as Notice and Proposal in the 2012 SIP 

submittal (the “2012" here refers to the year that SIP submittal 

was received in the EPA R6 office and is stamp-dated by the 

R6's Air Planning Section: April 30, 2012).

Y

8. A compilation of public comments and the State's response is included 8. See the section labeled as Testimony in the 2012 SIP 

submittal. [The rule project number 2011-018-117-EN 

Repeal of Chapter 101 System Cap Trading Program Rules 

and Revisions to Chapter 117 , 

Date Adopted: March 28, 2012 

Date Filed with the Secretary of State: March 30, 2012 

Date Published in the Texas Register: April 13, 2012 

Date Effective at State Level: April 19, 2012]

Y
3

Technical Materials

EPA REQUIREMENT STATE SUBMITTAL Acceptable

?

Y N

1. Identification of all regulated pollutants affected by the revision is 

included.

1. The pollutant of concern is NOx. Y

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected area(s) is included.

2. The submittal concerns 30 TAC Chapter 117. Y

3. Quantification of the changes in SIP allowable emissions from the 

affected sources is included. (Examples include estimates of changes in 

current actual emissions from affected sources and/or, where appropriate, 

quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated if the revisions were approved.) 

3. The submittal concerns 30 TAC Chapter 117, and is editorial in 

nature. Y

4. Demonstration is included that the NAAQS/PSD increments/RFP 

demonstration and visibility as applicable, would be protected if the 

revision were approved and implemented.

4. The submittal concerns 30 TAC Chapter 117, and PSD, RFP, 

visibility are not applicable here. Y

5. Is there a fully approved maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by § 175A of the Clean 

Air Act?

5. The submittal concerns 30 TAC Chapter 117, and maintenance 

plan per §175A of the Clean Air Act is not applicable here

Y

6. Are contingency measures included? 6. The submittal concerns 30 TAC Chapter 117, and contingency 

measures do not apply here. Y

7. Modeling information required to support the propose revision, 

including input data, output data, models used, justification of model(s) 

selected, ambient monitoring data used, meteorological data used, 

justification for use of offsite data (where used), modes of models used, 

assumptions, and other information relevant to the determination of 

adequacy of the modeling analysis as needed.

7. The submittal concerns 30 TAC Chapter 117, and modeling 

input, output, models used, data, ambient monitoring, 

justifications, and such information do not apply here.

Y

8. Evidence is included where necessary, that emission limitations are 

based on continuous emission reduction technology (e.g., add-on controls, 

industrial/process equipment designs, reformulated materials, etc.).

8. The submittal concerns 30 TAC Chapter 117, the removal of 

SCT is administrative in nature. No reformulated materials apply 

here.

Y
4

EPA REQUIREMENT STATE SUBMITTAL Acceptable

?

Y N

9. Evidence is included indicating that a SIP revision contains the following 

to ensure stated emission levels: emission limitations, work practice 

standards, and recordkeeping/reporting requirements 

9. Sections of interest are §§117.1020, 117.1120, 117.1220, 

117.3020, 117.9800 and concerns editorial removal of reference 

to SCT.

Y

10. Compliance/enforcement strategies including how compliance will be 

determined in practice (including at what frequency).

10. Compliance is determined based applicable provisions of 

117.9800 and affects the DFW and HGB area utility sources. Y

11. Evidence is included as appropriate, special economic and technological 

justifications are included per applicable EPA policies or an explanation 

why such justifications are not necessary should be included. For example, 

the following types of request may require such justification: Alternative 

RACT, Long-term averaging VOC emission limits, Plant wide Averaging.

11. The revision is limited to editorial removal of reference to 

SCT from specific sections for the DFW and HGB areas. Special 

technological justifications are not applicable here.

Y
5

SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(In accordance with 40 CFR Part 51 - App. V)

SIP Submitted by: TCEQ

Date Submitted: May 8, 2013

Subject: Regulation No. 117 Control of Air Pollution from Nitrogen Compounds – Stationary Diesel Engine Petition (Halliburton)

Completeness Review 

Completed by: Alan Shar ; Date Completed: June 12, 2013

Administrative Materials

EPA REQUIREMENT STATE SUBMITTAL Acceptable?

Y N

1. The package is sent with a formal submittal letter from the Governor or his 

or her designee requesting EPA's approval of the revision.

1. The SIP package is submitted with a formal letter from TCEQ 

Chairman Bryan W. Shaw to EPA Region 6.

Y

2. Evidence is included that the State has adopted the revision in the 

State code or body of regulations, or that the State has issued the

permit, order, consent agreement (hereafter document) in final form. 

This evidence would include effective date of revision, if different

from adoption/issuance date.

2. State Date of adoption or final issuance: April 10, 2013

(See April 26, 2013 issue of the Texas Register final rule). 

Final Rule effective date at the State Level: May 2, 2013.

Y

3. Evidence is included that the State has necessary legal authority under 

State law to adopt and implement the revision, e.g., a citation of the 

appropriate State authority.

3. See the Order of Adopting Amended Rules and Revisions to 

the SIP by TCEQ Chairman Bryan W. Shaw for the State Docket 

# 2012-1388-RUL dated April 22, 2013.

Y

4. A copy is included of the actual regulation or document submitted for 

approval and incorporation by reference into the SIP including an indication 

of the changes made to the existing approved plan where applicable. The 

submittal shall be a copy of the official State regulation document signed, 

stamped, and dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date of the regulation document 

shall, whenever possible, be indicated in the document itself.

4. Not an IBR, The submittal shall be a copy of the official State 

regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by 

the State, and the effective date of the rule is Final Rule effective 

date at the State Level: May 2, 2013.

Y

5. Evidence is included that the State followed all the procedural 

requirements of its laws and/or its constitution in the conducting and 

completing the adoption/issuance of the plan. This evidence may be:

a checklist of required steps; a copy of the requirements with each step 

clearly identified; or other appropriate documentation.

5. The Docket # 2012-1388-RUL stamp-dated April 22, 2013, 

indicates that TCEQ has followed all the procedural 

requirements.

Y
6

EPA REQUIREMENT STATE SUBMITTAL Acceptable?

Y N

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of 

publication of such notice, (e.g., notarized or certified copies of any public 

notices published in newspapers). (The notice should be at least 30 days 

prior to the public hearing(s).

6. Copy of the example public notice, statement to the effect that 

public notification and a list of official and agencies that to 

whom the correspondences about notice of public hearings has

been forwarded is included in a section labeled as “Notice & 

Proposal” of the submittal. Also See the November 16, 2012 

issue of Texas Register at 37 TexReg 9060.

Y

7. A certification is included indicating that public hearing(s) was/were held 

in accordance with the information provided in the public notice(s) and the 

State's laws and constitution, if applicable.

7. See the section labeled as Notice and Proposal in the 2013 SIP 

submittal (the “2013" here refers to the year that SIP submittal 

was received in the EPA R6 office and is stamp-dated by the 

R6's Air Planning Section: May 13, 2013).

Y

8. A compilation of public comments and the State's response is included 8. See the section labeled as Testimony in the 2013 SIP 

submittal. [The rule project number 2012-031-117-AI, Date 

Adopted: April 10, 2013, Date Filed with the Secretary of 

State: April 12, 2013, Date Published in the Texas Register: 

April 26, 2013, Date Effective at State Level: May 2, 2013].

Y
7

Technical Materials

EPA REQUIREMENT STATE SUBMITTAL Acceptable

?

Y N

1. Identification of all regulated pollutants affected by the revision is 

included.

1. The pollutant of concern is NOx. Y

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected area(s) is included.

2. The submittal concerns 30 TAC Chapter 117, and affects low 

stationary diesel engines at a specific site in the DFW area. 

Y

3. Quantification of the changes in SIP allowable emissions from the 

affected sources is included. (Examples include estimates of changes in 

current actual emissions from affected sources and/or, where appropriate, 

quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated if the revisions were approved.) 

3. The submittal concerns 30 TAC Chapter 117, and reportedly 

has met the Tier 3 emission standards of 40 CFR Part 89. Y

4. Demonstration is included that the NAAQS/PSD increments/RFP 

demonstration and visibility as applicable would be protected if the revision 

were approved and implemented.

4. The submittal concerns 30 TAC Chapter 117, and PSD, RFP, 

visibility are not applicable here. Y

5. Is there a fully approved maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by § 175A of the Clean 

Air Act?

5. The submittal concerns 30 TAC Chapter 117, and maintenance 

plan per §175A of the Clean Air Act is not applicable here

Y

6. Are contingency measures included? 6. The submittal concerns 30 TAC Chapter 117, and contingency 

measures do not apply here. Y

7. Modeling information required to support the propose revision, 

including input data, output data, models used, justification of model(s) 

selected, ambient monitoring data used, meteorological data used, 

justification for use of offsite data (where used), modes of models used, 

assumptions, and other information relevant to the determination of 

adequacy of the modeling analysis as needed.

7. The submittal concerns 30 TAC Chapter 117, and modeling 

input, output, models used, data, ambient monitoring, 

justifications, and such information do not apply here.

Y

8. Evidence is included where necessary, that emission limitations are 

based on continuous emission reduction technology (e.g., add-on controls, 

industrial/process equipment designs, reformulated materials, etc.).

8. The submittal concerns 30 TAC Chapter 117. Source operates 

less than 1000 hours per year for training and product testing 

only. Meets the tier 3 40 CFR Part 89 standards, and annual 

emission level is 0.87 tons per year. Reformulated materials do 

not apply here.

Y
8

EPA REQUIREMENT STATE SUBMITTAL Acceptable

?

Y N

9. Evidence is included indicating that a SIP revision contains the following 

to ensure stated emission levels: emission limitations, work practice 

standards, and recordkeeping/reporting requirements 

9. Section of interest is 117.2103, 117.2130, 117.2135, 117.2145

and concerns exemptions and recordkeeping and reporting for this 

specific engine. These sections have been updated to reflect the 

revision accordingly.

Y

10. Compliance/enforcement strategies including how compliance will be 

determined in practice (including at what frequency).

10. Compliance is determined based on section 117.2145 and 

source is required to maintain records for a minimum of five 

years. 

Y

11. Evidence is included as appropriate, special economic and technological 

justifications are included per applicable EPA policies or an explanation 

why such justifications are not necessary should be included. For example, 

the following types of request may require such justification: Alternative 

RACT, Long-term averaging VOC emission limits, Plant wide Averaging.

11. State has provided a section 110(l) analysis for 8-hour ozone 

NAAQS purposes. Records of hours of operations are to be 

maintained for 5 years to demonstrate compliance with 

117.2145(a).

Y
9

SIP Submitted by: TCEQ

Date Submitted: May 14, 2013

Subject: Regulation No. 117 – Control of Air Pollution from Nitrogen Compounds – Definition of Emergency (ERCOT)

Completeness Review 

Completed by: Alan Shar; Date Completed: June 12, 2013

Administrative Materials

EPA REQUIREMENT STATE SUBMITTAL Acceptable?

Y N

1. The package is sent with a formal submittal letter from the Governor or his 

or her designee requesting EPA's approval of the revision.

1. The SIP package is submitted with a formal letter from TCEQ 

Chairman Bryan W. Shaw to EPA Region 6.

Y

2. Evidence is included that the State has adopted the revision in the 

State code or body of regulations, or that the State has issued the

permit, order, consent agreement (hereafter document) in final form. 

This evidence would include effective date of revision, if different

from adoption/issuance date.

2. State Date of adoption or final issuance: April 10, 2013 (See 

April 26, 20132 issue of the Texas Register final rule).

Y

3. Evidence is included that the State has necessary legal authority under 

State law to adopt and implement the revision, e.g., a citation of the 

appropriate State authority.

3. See the Order of Adopting Amended Rules and Revisions to 

the SIP by TCEQ Chairman Bryan W. Shaw for the State Docket 

# 2011-0896-RUL dated April 22, 2013.

Y

4. A copy is included of the actual regulation or document submitted for 

approval and incorporation by reference into the SIP including an indication 

of the changes made to the existing approved plan where applicable. The 

submittal shall be a copy of the official State regulation document signed, 

stamped, and dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date of the regulation document 

shall, whenever possible, be indicated in the document itself.

4. Not an IBR, The submittal shall be a copy of the official State 

regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by 

the State, and the effective date of the rule is Final Rule effective 

date at the State Level: May 2, 2013.

Y

5. Evidence is included that the State followed all the procedural 

requirements of its laws and/or its constitution in the conducting and 

completing the adoption/issuance of the plan. This evidence may be:

a checklist of required steps; a copy of the requirements with each step 

clearly identified; or other appropriate documentation.

5. The Docket # 2011-0896-RUL stamp-dated April 22, 2013

indicates that TCEQ has followed all the procedural 

requirements.

Y

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of 

publication of such notice, (e.g., notarized or certified copies of any public 

notices published in newspapers). (The notice should be at least 30 days 

prior to the public hearing(s).

6. Copy of the example public notice, statement to the effect that 

public notification and a list of official and agencies that to 

whom the correspondences about notice of public hearings has

been forwarded is included in a section labeled as “Notice & 

Proposal” of the submittal. Also See the November 2, 2012 issue 

of Texas Register at 37 TexReg 8722. 

Y
10

EPA REQUIREMENT STATE SUBMITTAL Acceptable?

Y N

7. A certification is included indicating that public hearing(s) was/were held 

in accordance with the information provided in the public notice(s) and the 

State's laws and constitution, if applicable.

7. See the section labeled as Notice and Proposal in the 2013 SIP 

submittal (the “2013" here refers to the year that SIP submittal 

was received in the EPA R6 office and is stamp-dated by the 

R6's Air Planning Section: May 14, 2013).

Y

8. A compilation of public comments and the State's response is included 8. See the section labeled as Testimony in the 2013 SIP 

submittal. [The rule project number 2012-025-117-AI 

Chapter 117 Definition Update and Revisions to Chapter 101, 

Amendment to: §117.10, Date Adopted: April 10, 2013, Date 

Filed with the Secretary of State: April 12, 2013, Date Published 

in the Texas Register: April 26, 2013, Date Effective: May 2, 

2013]

Y
11

Technical Materials

EPA REQUIREMENT STATE SUBMITTAL Acceptable

?

Y N

1. Identification of all regulated pollutants affected by the revision is 

included.

1. The pollutant of concern is NOx. Y

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected area(s) is included.

2. The submittal concerns 30 TAC Chapter 117. Y

3. Quantification of the changes in SIP allowable emissions from the 

affected sources is included. (Examples include estimates of changes in 

current actual emissions from affected sources and/or, where appropriate, 

quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated if the revisions were approved.) 

3. The submittal concerns 30 TAC Chapter 117, and updates 

definition of the term “emergency” to ensure consistency with the 

ERCOT’s definition of this term per Section 2 of its Nodal 

Protocols.

Y

4. Demonstration is included that the NAAQS/PSD increments/RFP 

demonstration and visibility as applicable, would be protected if the 

revision were approved and implemented.

4. The submittal concerns 30 TAC Chapter 117, and PSD, RFP, 

visibility are not applicable here. Y

5. Is there a fully approved maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by § 175A of the Clean 

Air Act?

5. The submittal concerns 30 TAC Chapter 117, and maintenance 

plan per §175A of the Clean Air Act is not applicable here

Y

6. Are contingency measures included? 6. The submittal concerns 30 TAC Chapter 117, and contingency 

measures do not apply here. Y

7. Modeling information required to support the propose revision, 

including input data, output data, models used, justification of model(s) 

selected, ambient monitoring data used, meteorological data used, 

justification for use of offsite data (where used), modes of models used, 

assumptions, and other information relevant to the determination of 

adequacy of the modeling analysis as needed.

7. The submittal concerns 30 TAC Chapter 117, and modeling 

input, output, models used, data, ambient monitoring, 

justifications, and such information do not apply here.

Y

8. Evidence is included where necessary, that emission limitations are 

based on continuous emission reduction technology (e.g., add-on controls, 

industrial/process equipment designs, reformulated materials, etc.).

8. The submittal concerns 30 TAC Chapter 117, and updates 

definition of the term “emergency” in 117.10(15) to ensure 

consistency with the ERCOT’s definition and application of this 

term.

Y
12

EPA REQUIREMENT STATE SUBMITTAL Acceptable

?

Y N

9. Evidence is included indicating that a SIP revision contains the following 

to ensure stated emission levels: emission limitations, work practice 

standards, and recordkeeping/reporting requirements 

9. Section of interest is §117.10 (15) and concerns updating this 

definition.

Y

10. Compliance/enforcement strategies including how compliance will be 

determined in practice (including at what frequency).

10. Compliance is determined based on ERCOT-declared 

emergency time period. Y

11. Evidence is included as appropriate, special economic and technological 

justifications are included per applicable EPA policies or an explanation 

why such justifications are not necessary should be included. For example, 

the following types of request may require such justification: Alternative 

RACT, Long-term averaging VOC emission limits, Plant wide Averaging.

11. The revision is limited to updating a definition to promote 

energy reliability service during emergency declared periods.

Special technological justifications are not applicable here.

Y