REVISION TO THE TEXAS STATE IMPLEMENTATION PLAN FOR PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY

.The Texas Air**Cont~ol** Board (TACB) will implement and enforce

the federal requirements for Prevention of SignificantDeterioration of Air Quality (PSD) as specified in40.CFR 51.166(a) by requiring all new major stationary sources and majormodifications to obtain air quality permits as provided.inTACB RegulationVI, Control of Air Pollution by Permits for New Construction and Modification. In addition, theTACB will adhere to the following conditions in the implementation of the PSD program:
1. Enforcement of permits issued by the Environmental Protection Agency (EPA).

The TACB will be respodsible for·the enforcement of


# .. all conditions of PSD permits issued for sources in Texas by EPAprior to receipt of full delegation of authority to implement the PSD program.
2. Initial classification of areas inTexas.

The TACB will recognize the following designations of
areas in Texas for PSD

### ..•

... Class I Areas
a) Guadalupe Mountains National Park b) Big Bend National Park
Class II Areas

All other areas inTexas which are not currently designated "n.onattainment."

Class III Areas

None.

3. Redesignation procedures.

The TACB will follow the procedures specified in 40 CFR 51.166(g) in**th~** redesignation of any area to a new classification.·

4. Plan assessment.
The TACB will review the adequacy of the Texas PSD plan on an annual basis and within 60 days of the time information becomes available that an applicable increment may be violated. If theTACB determines that
an increment is being.exceeded due to the violation

# .. • of a permit condition, appropriate enforcement action will be taken to stop the violation. If an increment is being exceeded due to a deficiency inthe state PSD plan, the plan will be revised and the revisions will be subject to public hearing.

5. Ambient monitoring requirements.

The TACB will follow the procedures of the federal ambient monitoring guidelines for PSD in the establishment of state-ambientmonitoring requirements and procedures. All ambient**monitor~ng** data used to fulfill the requirements of the PSD plan will meet the specifications of 40 CFR 58, Appendix B.

6. Innovative ControlTechnology.

TheTACB will approve the use of innovative control technology by a Texas source only with the consent of the air quality agency of any adjacent state that may be impacted by the use of such technology.

7. Notification.

The TACB will ensure that·additional notification procedures associated with the PSD permitting program in Texas are conducted as follows:

## • a) The degree of expected increment consumption from the source or modification will be included in the public notice, as required under 40 CFR 51.166(q)(2)(iii). b) A copy of the public notice will be sent to any comprehensive regional land planning agency and to any other affected agencies, as required under 40 CFR 51.166(q)(2)(iv). c) The permit applicant will be notified within 120 days of receipt of the application of the completeness of or deficiency in the application, as required under 40 CFR 51.166(q)(l). d) A copy of each PSD permit application and any public notices relating to new or modified sources willbe forwarded to the EPA Administratorwhen a Class I area is impacted, as required under 40 CFR 51.166(p)(1).

## . '

TEXASAIRCOOTBOLBOr\RD 6330HIGMAY290**~** AIBTIN, TEXAS

Bt:WIDORDER

NO. 87-o9
WHEREIIS, pursuant to Sections 3.09 and 3.10 of the Texas Clean Air Act, Section 5 of the Administrative Procedure and Texas Register Act, and Section 51.4 of Title 40 of the Code of Federal Regulations, the Texas Air Control Board, after proper notice, conducted a public hearing
on April 16, 1987 for the purpose of considering proposed amendrrents to Texas Air Control Board Regulation VI and the State Implerrentation Plan forthePreventionof SignificantDeterioration (PSD) ofAirQuality; and WIEREIIS, the Texas Air Control Board duly circulated to interested persons, the Administrator of the Environrrental Protection Agency, and all applicable local air pollution control agencies hearing notices of its intendedaction; and JI(IEREAS, interested persons >.Bre invited to submit data, 1riews, and recCillllendations on the proposed arrendrrents, either orally or in writing, atthehearing; and WHEREAS, ccpies of the proposed amendrrents >.Bre available for public inspection at the Board1s Central Office and all of the Board1s regional officespriortothe scheduledhearing; and WHEREAS, data, views, and recanrrendations of interested persons >-Bre submitted to the Board at the hearing and**~-.ere** considered by the Board as reflected in the attached Summary .and EValuations, which are hereby incorporatedandmade a partofthisOrder; and '

# . ,,B::lARD ORDER

### ro. 87--o9 P!GE 'lWJ
'i'HEREI'..S, the Board firds that said SU!TIIl13.ry is a srnmH.JY of =nments received franparties interested in the arrendrrents and includes the narres of all interested grrups or asrociations**offerin::~** canrrent on the arrendrrentsandtheirpcsitionconcerningthepropcsed arrendrtents; and mERE!IS, Section 3.09(a) of the Texas Clean Air Act gives the Board authority to make rules and regulations consistent with the g'!neral intent ard purposes of the Act ard to anerd any rule or r93Ulation it makesi and mERE!IS, a:'lcption of these anerrlrrents will further the intent and purpcses of the Texas Clean Air Act by establishing tirre limits for interested persons to re:juest a public hearin::J on an application for a pennit, specialpennit, orpennitcontinlBilce; and mERE!IS, a:'lcption of these anerdrrents will reduce the a::Jency processing tinE re:J:uired for =t pennit applications and will erihance federal approvability of the Texas State Implementation Plan for PSD and stack heights; and WHEREl\5, the Board firrls that these considerations authorize a:'lcption ofthe arrendnents appended tothis Order; and 'I'IIEREIIS, the Board finds that the reasoned justification ard factual bases for the arrendrtents and the reasons why the Ag'!ncy disagrees with party subnissions ard prcposals are fully set rut in the sections titled Evaluations inthe attachedSl.ll1U1B.ry amEvaluations; and mERFAS, the Board hereby certifies that the anendrtents as a:'lopted have been reviewed by legal counsel and found 

### to be a valid exercise of theBoard's legal authority;Ba.\RDORIER

### ID. 87-Q9 PJIGE TllREE

.Neliir,·nlERECORE, BE.ITC'.RDEREDBYTHE TEXASAIRCONTROL BO!\RDTI!JIT:

1. The arrendments to Regulation VI and the PSD State Implementation Planappended to thisOrderareherety adopted andpranulgated; and 2. The Executive Director is instructed to file a certified copy of this Order, together with the adopted amendrrents, with the Secretary of StatepursuanttoArticle 6252-13a, V.T.C.S•; and 3. The Executive Director is instructed to transmit a certified copy of this Order together with such arrendm2mts to the Governor of Texas for submittal to the Administrator of the Environnental Protection Agency as proposed revisions to the State Implementation Plan pursuant to Section· 110of theFederalCleanAirAct, as amended. PASSED AND APPROVED at the regular meeting of the Texas Air Control Board inAustin, Texason this 17th day of July , 1987.

ChaiJ:man

# of~/k.o~ BY: ABSENT

# tf4toz~ R. HalMoonnan, Member
ABSENT HubertOxfo:rd, III, Member

# TEXASAIRCONTROLBOARD

JOHN L. BLAIR Chairman BOB G. BAILEY Vice Chairman
ALLEN ELI BELL Executive Director

THE STATE OF TEXAS COUNTY OF TRAVIS 

### I 0 6330 HWY.290 EAST AUSTIN,TEXAS 78723 512/451·5711 FRED HARTMAN D.JACK KILIAN, M.D. DTIO R. KUNZE, Ph.D., P.E. R. HAL MOORMAN HUBERTOXFORD, Ill WILLIAM H. OUORTRUP DICKWHITIINGTON, P.E.

Pursuant to Section 2.14 of the Texas CleanAir Act, Article 4477-5, Vernon's Texas Civil Statutes, this is to certify that the attached are true and correct copies of revisions to Texas Air Control Board Regulation VI adopted on July 17, 1987, pursuant to 40 CFR, Section 51.104. Prior to the adoption of these revisions, a public hearing was held pursuant to 40 CFR, Section 51.102(a) and notice of this hearing was given which**confor~ed** to the requirements of 40 CFR, Section 51.102(d). I am the custodian of the records of the Board. To certify which, witness my hand and the seal of the Texas Air Control Board, this the day of 1987.

(SEAL)