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 Significant Deterioration of Air Quality (PSD) as specified in 40. CFR 51.166(a) 

by requiring all new major stationary sources and major modifications to obtain air quality permits as provided.in TACB 

Regulation VI, Control of Air Pollution by Permits for New 

Construction and Modification. In addition, the TACB 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 EPA prior to receipt of full delegation of 

authority to implement the PSD program. 

2. Initial classification of areas in Texas. 

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 in Texas 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 the TACB 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 in the 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-ambient monitoring 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 Control Technology. 

The TACB 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 

will be forwarded to the EPA Administrator when a 

Class I area is impacted, as required under 40 CFR 

51.166 (p) (1). 
. ' 

TEXAS AIR COOTBOL BOr\RD 

6330 HIGMAY 290 ~ 

AIBTIN, TEXAS 

Bt:WID ORDER 

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 

for the Prevention of Significant Deterioration (PSD) of Air Quality; 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 intended action; and 

JI(IEREAS, interested persons >.Bre invited to submit data, 1riews, and 

recCillllendations on the proposed arrendrrents, either orally or in writing, 

at the hearing; and 

WHEREAS, ccpies of the proposed amendrrents >.Bre available for public 

inspection at the Board 1 s Central Office and all of the Board 1 s regional 

offices prior to the scheduled hearing; 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 

incorporated and made a part of this Order; 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 fran parties interested in the arrendrrents and includes the narres 

of all interested grrups or asrociations offerin::~ canrrent on the 

arrendrrents and their pcsition concerning the propcsed 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, special pennit, or pennit continlBilce; 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 

of the arrendnents appended to this 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 in the attached Sl.ll1U1B.ry am Evaluations; 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 

the Board's legal authority; 
Ba.\RD ORIER ID. 87-Q9 

PJIGE TllREE 

. Neliir,· nlERECORE, BE. IT C'.RDERED BY THE TEXAS AIR CONTROL BO!\RD TI!JIT: 

1. The arrendments to Regulation VI and the PSD State Implementation 

Plan appended to this Order are herety adopted and pranulgated; and 

2. The Executive Director is instructed to file a certified copy of 

this Order, together with the adopted amendrrents, with the Secretary of 

State pursuant to Article 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· 

110 of the Federal Clean Air Act, as amended. 

PASSED AND APPROVED at the regular meeting of the Texas Air Control 

Board in Austin, Texas on this 17th day of July , 1987. 

BY: ABSENT 

ChaiJ:man of~/k.o~ 

tf4toz~ R. Hal Moonnan, Member 

ABSENT 

Hubert Oxfo:rd, III, Member 
TEXAS AIR CONTROL BOARD 

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 

HUBERT OXFORD, Ill 

WILLIAM H. OUORTRUP 

DICK WHITIINGTON, P.E. 

Pursuant to Section 2.14 of the Texas Clean Air 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)