TECHNICAL SUPPORT DOCUMENT 

REVISIONS TO THE MINOR NEW SOURCE REVIEW (NSR) TEXAS STATE 

IMPLEMENTATION PLAN (SIP) FOR PORTABLE FACILITIES 

June 10, 2015 

Revisions to 30 TAC Sections 116 Submitted March 19, 2010 

Revision to 30 TAC Chapter 39, submitted July 2, 2010 

No material in this submittal package was designated as Confidential Business Information 

FOR FURTHER INFORMATION CONTACT: 

Aimee Wilson, United States Environmental Protection Agency Region 6, Air Permits Section 

(6PD-R), 1445 Ross Avenue Suite 1200, Dallas, Texas 75202-2733, (214) 665-7596 
2 

Contents 

I. Introduction ............................................................................................................................. 3

II. Summary of Texas Relocation/Change of Location – Portable Facilities ............................... 7

III. Technical Evaluation of the Texas Portable Facilities SIP Submittals ................................ 9

A. Part 51, Appendix V Evaluation of the March 19, 2010 SIP Submittal .............................. 9

B. Evaluation of the Texas Portable Facilities SIP Submittal for Minor NSR Permitting 

Requirements ............................................................................................................................. 13

C. CAA 110 (1) Analysis ....................................................................................................... 22

IV. Conclusion ......................................................................................................................... 22
3 

I. Introduction 

This technical support document reviews the severable portions of two proposed revisions to the 

Texas State Implementation Plan (SIP) submitted on March 19, 2010 and July 2, 2010, 

establishing provisions for the change of location and relocation of existing, minor NSR 

permitted portable facilities at 30 TAC Sections 39.402(a)(12), 116.20, and 116.178. This 

review will determine if the revisions are consistent with the requirements of the Clean Air Act 

and the EPA’s policy and guidance. 

March 19, 2010 

 On March 19, 2010, the Texas Commission on Environmental Quality (TCEQ) adopted 

amendments to the Texas SIP concerning Portable Facilities. The TCEQ adopted new 30 

TAC Section 116.20 – Portable Facilities Definitions and established new Division 8 – 

Portable Facilities, with new 30 TAC Section 116.178 -– Relocations and Changes of 

Location of Portable Facilities. 

 TCEQ Chairman Bryan Shaw submitted these amendments as revisions to the Texas SIP 

in a letter dated March 19, 2010. 

July 2, 2010 

 On June 2, 2010, the TCEQ adopted amendments to the Texas SIP concerning Public 

Notice at 30 TAC Chapter 39; Requests for Reconsideration and Contested Case 

Hearings; Public Notice at 30 TAC Chapter 55; and Control of Air Pollution by Permits 

for New Construction or Modification at 30 TAC Chapter 116. This adoption included 

new 30 TAC Section 39.402(a)(12) which establishes public notice requirements for the 

change of location or relocation of portable facilities. 

 Chairman Bryan W. Shaw, PhD, submitted these amendments, including new 30 TAC 

Section 39.402(a)(12), as revisions to the Texas SIP in a letter dated July 2, 2010. 

Table 1 – Summary of the Individual Revisions Evaluated in this TSD

Section – Title Date 

Submitted 

to EPA

Date 

Adopted by 

State

Date Effective 

as State Rule

Comments

30 TAC Chapter 39 – Public Notice

Subchapter H – Applicability and General Provisions

Section 39.402 –Applicability 

to Air Quality Permits and 

Permit Amendments 07/02/2010 06/02/2010 06/24/2010

New 39.402(a)(12) regarding 

change of location or 

relocation of portable 

facilities.

30 TAC Chapter 116 – Control of Air Pollution by Permits for New Construction or Modification

Subchapter A – Definitions

Section 116.20 – Portable 

Facilities Definitions 03/19/2010 02/10/2010 03/03/2010

New 116.20 establishing 

definitions that relate to 

portable facilities
4 

Table 1 – Summary of the Individual Revisions Evaluated in this TSD

Section – Title Date 

Submitted 

to EPA

Date 

Adopted by 

State

Date Effective 

as State Rule

Comments

30 TAC Chapter 116 – Control of Air Pollution by Permits for New Construction or Modification

Subchapter B – New Source Review Permits

Section 116.178 – Relocations 

and Changes of Location of 

Portable Facilities 03/19/2010 02/10/2010 03/03/2010

New 116.178 establishes 

requirements for relocations 

and changes of locations for 

portable facilities

Because the EPA has taken separate action on severable portions of the submitted SIP revisions, 

we find it helpful to present a summary of the status of each of the submitted SIP revisions, and 

whether further action is needed from the EPA. Below is a table summarizing all of the 

provisions submitted for SIP approval on March 19, 2010 and July 2, 2010. As indicated below, 

the EPA has previously acted on all portions of the July 2, 2010 submittal with the exception of 

30 TAC Section 39.402(a)(12). 

Table 3 – Summary of the Disposition of the Submitted SIP Revisions

Section Title Date Submitted Date Adopted Action by EPA

30 TAC Section 

39.402(a)(1)-

(a)(6), (a)(8), 

(a)(10) - (a)(12)

Applicability to 

Air Quality 

Permits and 

Permit 

Amendments

07/02/2010 06/02/2010 TCEQ withdrew 30 

TAC Section 

39.402(a)(10) on 

December 19, 2013.

30 TAC Sections 

39.402(a)(1)-(a)(3), 

and (a)(6) approved 

by EPA on January 

6, 2014. See 79 FR 

551.

30 TAC Sections 

39.402(a)(4), (a)(5), 

(a)(8), and (a)(11) 

approved by EPA on 

March 30, 2015. See 

80 FR 16573.

30 TAC Section 

39.402(a)(12) under 

review in this TSD.

30 TAC Section 

39.405(f)(3), (g), 

(h)(1)(A), (h)(2)-

(h)(4), (h)(6), 

(h)(8)-(h)(11), (i) 

and (j)

General Notice 

Provisions

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.407

Mailing Lists 07/02/2010 09/02/1999 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.
5 

Table 3 – Summary of the Disposition of the Submitted SIP Revisions

Section Title Date Submitted Date Adopted Action by EPA

30 TAC Section 

39.409

Deadline for 

Public Comment, 

and Requests for 

Reconsideration, 

Contested Case 

Hearing, or Notice 

and Comment 

Hearing

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.411(a), (e)(1)-

(4)(A)(i) and (iii), 

(e)(4)(B), 

(e)(5)(A), 

(e)(5)(B), (e)(6)-

(10), 

(e)(11)(A)(i), 

(e)(11)(A)(iii), 

(e)(11)(A)(iv), 

(e)(11)(B)-(F), 

(e)(13), (e)(15), 

(f)(1)-(8), (g), and 

(h)

Text of Public 

Notice

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.418 (a), 

(b)(2)(A), (b)(3), 

and (c)

Notice of Receipt 

of Application and 

Intent to Obtain 

Permit

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.419(e), (e)(1), 

and (e)(2)

Notice of 

Application and 

Preliminary 

Determination

07/02/2010 06/02/2010 TCEQ withdrew 30 

TAC Section 

39.419(e)(3) on 

December 19, 2013.

Approved by EPA 

on January 6, 2014. 

See 79 FR 551.

30 TAC Section 

39.420(c)(1)(A)-

(D)(i)(I) and 

(D)(i)(II), (D)(ii), 

(c)(2), and (d)-(e)

Transmittal of the 

Executive 

Director’s 

Response to 

Comments and 

Decision.

07/02/2010 06/02/2010 TCEQ withdrew 30 

TAC Section 

39.420(h) on 

December 19, 2013.

Approved by EPA 

on January 6, 2014. 

See 79 FR 551.

30 TAC Section 

39.601

Applicability 07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.602

Mailed Notice 07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.
6 

Table 3 – Summary of the Disposition of the Submitted SIP Revisions

Section Title Date Submitted Date Adopted Action by EPA

30 TAC Section 

39.603

Newspaper Notice 07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.604

Sign-Posting 07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

39.605

Notice to Affected 

Agencies

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

55.150

Applicability 07/02/2010 06/14/2006 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

55.152(a)(1), 

(a)(2), (a)(5), 

(a)(6), and (b)

Public Comment 

Period

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

55.154(a), (b), 

(c)(1)-(3), (c)(5), 

and (d)-(g)

Public Meetings 07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

55.156(a), (b), 

(c)(1), (e), and (g)

Public Comment 

Processing

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

116.20

Portable Facilities 

Definitions

03/19/2010 02/10/2010 Reviewed in this 

TSD

30 TAC Section 

116.114

Application 

Review Schedule

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.

30 TAC Section 

116.178

Relocations and 

Changes of 

Location of 

Portable Facilities

03/19/2010 02/10/2010 Reviewed in this 

TSD.

30 TAC Section 

116.194

Public 

Notification and 

Comment

07/02/2010 06/02/2010 Approved by EPA 

on January 6, 

2014. See 79 FR 

551.
7 

II. Summary of Texas Relocation/Change of Location – Portable 

Facilities 

The Texas Commission on Environmental Quality (TCEQ) introduced revisions to the State 

Implementation Plan (SIP) to address definitions related to portable facilities and rules regarding 

the relocations and changes of locations of portable facilities. These amendments are revised in 

Chapter 116, Subchapters A and B and include new Sections 116.20 and 116.178. These 

amendments affect sources like concrete batch plants, rock crushing facilities, and hot mix

asphalt plants. Portable facilities are considered minor sources and must apply for a minor NSR 

permit, which may include standard permit authorizations. The TCEQ also adopted a revision to 

the public notice requirements under Chapter 39 to apply the public notice rules to the movement 

of portable facilities at 30 TAC Section 39.402(a)(12). 

The TCEQ Air Permits Division originally provided guidance regarding the proper procedures 

for movements of portable facilities in 2000. This guidance was updated in 2001, 2004, 2006, 

and most recently in 2008. The intent of the March 19, 2010 SIP submittal was to modify 30 

TAC Chapter 116 to ensure that the commission’s rules were consistent with their previously 

issued guidance. 

The process of applying for a portable facilities permit involves several steps which include 

applying for the initial permit as a portable facility under the SIP-approved permitting provisions 

at 30 TAC Sections 116.110 – 116.115 or through the Standard Permits provisions at 30 TAC 

Chapter 116, Subchapter F. 

Initial Portable Permit Application under Minor NSR – Facility applies as a portable facility 

under the minor NSR requirements. 

 Public Notice is required for the initial portable facility permit location. 

 The portable facility will conduct a State BACT1analysis. Permit application 

includes a Site Specific Air Quality Analysis. 

 Once permitted, other portable facilities can relocate to this location within the 

first two years following Public notice. 

After a permit has been approved for a portable facility, the operation is assigned a permit 

number and the facility is required to provide notice to the TCEQ Regional Office of the intent to 

move the facility to a new location. Movement of portable facilities can either occur as a 

relocation or change of location. 

Relocation - A permitted facility is allowed to relocate to another location that has already 

gone through public notice in the past two year. No modifications are allowed with a 

relocation. 

 

1

 BACT is defined at 30 TAC Section 116.10(1), but this definition is not SIP-approved at this time. However, the 

general permit application requirements at 116.111 apply to all permit actions; specifically 116.111(a)(2)(C). 

1116.111(a)(2)(C) says that all permits must go through BACT (referring to State BACT) but that Federal BACT 

will also apply to PSD and NNSR permit. The EPA approved 116.111 (a)(2)(C) with the Greenhouse Gas (GHG) 

Rule on November 10, 2014.
8 

 Site has already gone through public notice for a portable facility. 

 An application that includes an evaluation of State BACT as described in section 

116.20(a)(2)(C) to ensure the protection of public health and welfare must be 

provided to the TCEQ Regional Office. 

 The TCEQ Regional Office has 12 days to review the application and can approve or 

deny the relocation request. 

 If the Relocation is not approved, the facility may apply for a Change of Location to 

allow the permitted facility to move to the location with proper notice. The proposed 

facility will conduct a State BACT analysis. 

Change of Location – A permitted portable facility must apply for a change of location if a 

portable facility has not been through public notice at the proposed new site within the 

previous two years. 

 Public Notice is required with a change of location. 

 Permit application includes a Site Specific Air Quality Analysis. The proposed 

facility will conduct a State BACT analysis. 
9 

III. Technical Evaluation of the Texas Portable Facilities SIP 

Submittals 

A. Part 51, Appendix V Evaluation of the March 19, 2010 SIP Submittal 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a State 

Implementation Plan submitted for consideration by the EPA is an official submission for 

purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying 

the component(s) absent or insufficient to perform a review of the submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of the EPA’s receipt of the submittal, but 

no later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 

months from receipt. A determination of completeness under this paragraph means that 

the submission is an official submission for purposes of § 51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.

SIP Completeness Checklist for the March 19, 2010 SIP Submittal 

Administrative Materials (2.1) 

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

designee requesting the EPA approval of the revision. 

The SIP revision was submitted by a letter from Bryan W. Shaw, PhD, Chairman of the 

TCEQ dated March 19, 2010. The SIP submittal was received by the EPA Region 6 Air 

Planning Section on March 24, 2010. 

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 the date of adoption or final 

issuance and the effective date of revision, if different adoption/issuance date. 

The revisions were adopted by TCEQ on February 10, 2010, and became effective on 

March 3, 2010. 

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. 

The authority for promulgating changes to the Texas State Implementation is found in the 

Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 
10

4. A copy is included of the actual regulation or documentation submitted for approval and 

incorporation by reference into the SIP including an indications 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 regulations 

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

The March 19, 2010, submittal included a copy of the official State regulation document, 

submitted by Chairman Shaw.

5. Evidence is included that the State followed all the procedural requirements of its law 

and/or its constitution in the conducting and completing of the adoption/issuance of the 

plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 

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

with the procedures approved by the 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). 

Notices of public hearing were published in the following newspapers on the date listed: 

 Austin American-Statesmen August 31, 2009 

 Fort Worth Star-Telegram August 31, 2009 

 Houston Chronicle August 31, 2009 

 San Antonio Express-News August 31, 2009 

TCEQ provided the opportunity for a public hearing in Austin, Texas on October 13, 

2009.

TCEQ provided publication in the Texas Register of the proposed rulemaking (34 TexReg 

6281) and public hearing notice (34 TexReg 6371) on September 11, 2009. 

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. 

An order adopting revisions to the SIP was included. This order states that the public 

hearing was conducted pursuant to Texas Health and Safety Code § 383.017, Texas 

Government Code Chapter 2001, and 40 CFR § 51.102. 

8. A compilations of public comments and the State’s response is included. 

The SIP submittal package did include a compilation of comments and the State’s 

response to comments. TCEQ did not receive any oral testimony during the October 13, 

2009 public hearing. TCEQ received written testimony from four parties during the 

comment period which ended on October 14, 2009. 
11

Technical Support (2.2) 

The state should include the following technical information in its SIP revision request package. 

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

The SIP submittal addressed revisions to the provisions related to the NSR construction 

permitting program; therefore, the SIP Submittal has the potential to address all 

regulated pollutants. 

2. Identification of locations of affected sources included the EPA attainment/nonattainment 

designation of locations and the status of the attainment plan of the affected area(s) is 

included.

The provision for portable facilities in Texas Air Permitting will apply statewide. 

3. Quantification of the changes in SIP allowable emission from the affected sources is 

included. (Examples include estimates of changes in current actual emission from 

affected sources and/or, where appropriate, quantification of changes in actual emission 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

Not applicable. The submitted provisions for portable facilities do not need to provide a 

quantification of the changes in SIP allowable emissions. The Texas Minor NSR program 

is separately SIP-approved to provide for the issuance of permit allowables for portable 

facilities; the provisions submitted to in the March 2010 rule package only address the 

movement of the already permitted facilities. 

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. 

The portable facilities provision and associated definitions do not need to include a 

demonstrations that NAAQS/PSD increments/FRP demonstrations, etc. will be protective 

because the revision does not apply to major sources. 

5. FOR REDESIGNATIONS: 

a. 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? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 
12

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support the analysis and review of the portable 

facilities provision because it is not applicable to major sources. 

7. 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 material, etc.). 

Appropriate emission limitations will be established with individual permits, however, the 

portable facilities provision does not apply to major sources. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels. 

Appropriate recordkeeping/reporting requirements will be established in each individual 

permit such that the necessary emission limitations, work practice standards are in place 

to ensure the stated emission levels. This information is not necessary for inclusion in the 

portable facilities provision. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including what frequency). 

Compliance/enforcement of the portable facilities provision will be determined on a 

permit by permit basis. 

10. 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, requests for alternative RACT may require such 

justification. 

These justifications are not necessary for this SIP revision. 

The March 19, 2010 SIP submittal (Rule Project No. 2008-031-16-PR) meets the 

completeness criteria established in 40 CFR part 51, Appendix V. 

SIP Completeness Checklist for the July 2, 2010 SIP Submittal 

A completeness determination for the July 2, 2010 SIP submittal was performed December 12, 

2012. Per this analysis, the EPA has determined that the July 2, 2010 SIP submittal (Rule Project 

No. 2010-004-039-LS) meets the completeness criteria established in 40 CFR part 51, Appendix 

V.
13

B. Evaluation of the Texas Portable Facilities SIP Submittal for Minor NSR 

Permitting Requirements 

The Act at Section 110(a)(2)(C) requires states to develop and submit to the EPA for approval into 

the state SIP, preconstruction review and permitting programs applicable to certain new and 

modified stationary sources of air pollutants for attainment and nonattainment areas that cover 

both major and minor new sources and modifications, collectively referred to as the NSR SIP. The 

CAA NSR SIP program is composed of three separate programs: Prevention of Significant 

Deterioration (PSD), Nonattainment New Source Review (NNSR), and minor NSR. 

The minor NSR SIP program addresses construction or modification activities that do not emit, 

or have the potential to emit, beyond certain major source/major modification thresholds and 

thus do not qualify as “major” and applies regardless of the designation of the area in which a 

source is located. Any submitted SIP revision, including revisions to a minor NSR program, 

must meet the applicable requirements for SIP elements in Section 110 of the Act, and be 

consistent with all applicable statutory and regulatory requirements. 

Regulations specific to minor NSR programs are contained in 40 CFR Section 51.160 – 51.164. 

The TCEQ has developed the provisions for the movement of existing, minor NSR permitted 

portable facilities as a component of the Texas minor NSR program; therefore, we will evaluate 

the portable facilities permitting regulations as submitted on March 19, 2010, against the federal 

requirements for minor NSR programs. The provisions of a minor NSR program must provide 

that the permitting authority will not permit the construction of a facility or modification that will 

cause a violation of applicable portions of the control strategy or interfere with attainment or 

maintenance of a NAAQS. To accomplish this goal, the state’s minor NSR program must include 

the means by which the state agency will review and take final action on proposed new 

construction or modification to be protective of the control strategy and NAAQS. As stated in 40 

CFR 51.160, all NSR programs, including the minor NSR program, must include legally 

enforceable2procedures. 

Subpart I Review of New Sources and 

Modifications

Texas Portable Facilities Program

51.160 Legally enforceable procedures.

(a) Each plan must set forth legally 

enforceable procedures that enable the State 

or local agency to determine whether the 

construction or modification of a facility, 

building, structure or installation, or 

combination of these will result in – (1) A 

violation of applicable portions of the control 

strategy; or (2) Interference with attainment 

or maintenance of a national standard in the 

State in which the proposed source (or 

The Texas Minor NSR Permitting program is 

SIP-approved. 30 TAC Section 

116.111(a)(2)(A) requires that the application 

for a permit or permit amendment must 

demonstrate protection of public health and 

welfare. 30 TAC Section 116.111(a)(2)(A)(i) 

requires that emissions from the proposed 

facility will comply with all rules and 

regulations of the TCEQ and the TCAA. The 

Texas Portable Facilities Program follows the 

requirements of the Texas Minor Permitting 

 

2

 A requirement is ‘‘legally enforceable’’ if some authority has the right to enforce the restriction. 67 FR 80186, at 

80190. 
14

modification) is located or in a neighboring 

State.

Program and must follow 30 TAC Section 

116.111. Therefore, since 30 TAC Section 

116.111 has been found to satisfy the 

requirements of 40 CFR 51.160(a) through 

SIP approval, the Texas Portable Facilities 

Program does as well.

(b) Such procedures must include means by 

which the State or local agency responsible 

for final decision-making on an application 

for approval to construct or modify will 

prevent such construction or modification if—

(1) It will result in a violation of applicable 

portions of the control strategy; or (2) It will 

interfere with the attainment or maintenance 

of a national standard.

As the minor NSR permitting authority in 

Texas, the TCEQ has established the criteria 

by which minor NSR permits will be issued. 

These criteria (SIP-approved at 30 TAC 

Section 116.111(a) include the requirement 

that the applicant demonstrate that emissions 

from the facility comply with all rules and 

regulations necessary to protect human health 

and the environment. The TCEQ has the 

authority to receive application materials and 

review these materials for technical merit. If 

the technical justifications for the permit 

application are not valid, then the TCEQ has 

the authority to not issue the permit. EPA 

approved these minor NSR permitting 

provisions as appropriate to protect the 

NAAQS, consistent with 40 CFR 51.160(b) 

and the CAA when we SIP-approved the 

minor NSR program.

(c) The procedures must provide for the 

submission, by the owner or operator of the 

building, facility, structure, or installation to 

be constructed or modified, of such 

information on – (1) The natures and amounts 

of emissions to be emitted by it or emitted by 

associated mobile sources; (2) The location, 

design, construction, and operation of such 

facility, building, structure, or installation as 

may be necessary to permit the State or local 

agency to make the determination referred to 

in paragraph (a) of this section.

Minor NSR permit applications are subject to 

both first notice (NORI) and second (NAPD) 

notice. Public Notice is required for the initial 

portable facility permit location and for 

changes of location. The TCEQ permit 

application requires all the information 

required by 40 CFR 51.160(c). Additionally, 

as the minor NSR permitting authority in 

Texas, the TCEQ has the authority to request 

any additional information necessary to 

properly review a permit application and 

make a decision on said application.

(d) The procedures must provide that 

approval of any construction or modification 

must not affect the responsibility to the owner 

or operator to comply with applicable 

portions of the control strategy.

EPA SIP-approved the general and special 

conditions for Chapter 116. The Texas Minor 

NSR program is SIP-approved with the 

necessary legally enforceable procedures 

providing that approval of any construction or 

modification does not affect the

owner/operator’s responsibility to comply 

with applicable portions of the control 

strategy. 30 TAC Section 116.115 satisfies
15

the requirements of 40 CFR 51.160(d); 

therefore so does the Texas Portable Facilities 

Program.

(e) The procedures must identify types and 

sizes of facilities, buildings, structures, or 

installations which will be subject to review 

under this section. The plan must discuss the 

basis for determining which facilities will be 

subject to review.

The General Application provisions at 30 

TAC 116.111(b) provide that minor NSR 

applications that are administratively 

complete after September 1, 1999 comply 

with the Chapter 39 Public Notice 

requirements. The TCEQ has the authority to 

receive application materials and review these 

materials for technical merit. EPA approved 

the minor NSR permitting provisions as 

appropriate to protect the NAAQS, consistent 

with 40 CFR 51.160(b) and the CAA when 

we SIP-approved the minor NSR program. 30 

TAC Section 116.111 satisfies the 

requirements of 40 CFR 51.160(e); therefore, 

so does the Texas Portable Facilities Program.

(f) The procedures must discuss the air quality 

data and dispersion or other air quality 

modeling used to meet the requirements of 

this subpart (1) All applications of air quality 

modeling involved in this subpart shall be 

based on the applicable models, data bases, 

and other requirements specified in appendix 

W of this part (Guideline on Air Quality 

Models). (2) Where an air quality model 

specified in appendix W of this part 

(Guideline on Air Quality Models) is 

inappropriate, the model may be modified or 

another model substituted. Such a 

modification or substitution of a model may 

be made on a case-by-case basis or, where 

appropriate, on a generic basis for a specific 

State program. Written approval of the 

Administrator must be obtained for any 

modification or substitution. In addition, use 

of a modified or substituted model must be 

subject to notice and opportunity for public 

comment under procedures set forth in § 

51.102.

EPA SIP-approved the General Application 

(30 TAC Section 116.111) provisions for the 

Texas NSR permit program on August 28, 

2007, as adopted by the TCEQ on August 21, 

2002 (see 72 FR 49198).The permit 

application includes a Site Specific Air 

Quality Analysis. Minor NSR permit 

applications are subject to both NORI and 

NAPD notice – therefore any technical 

information such as dispersion modeling or 

source impact analysis will be available for 

public review and comment. 30 TAC Section 

116.111 continues to satisfy the requirements 

of 40 CFR 51.160(f); therefore, so does the 

Texas Portable Facilities Program.

In the September 23, 1987, Memorandum from J. Craig Potter, Assistant Administrator for Air 

and Radiation, and Thomas L. Adams Jr., Assistant Administrator for Enforcement and 

Compliance Monitoring entitled “Review of State Implementation Plans and Revisions for 

Enforceability and Legal Sufficiency” is the EPA’s additional guidance for interpreting the 
16

enforceability requirements found in Section 110(a)(2)(C) of the Act and 40 CFR 51.160.3,4In

the 1987 memorandum we explain that submitted rules that are clearly worded, clear as to who 

must comply, and explicit in their applicability to regulated sources are appropriate means for 

achieving the statutory enforcement requirement. Appropriate testing, recordkeeping, reporting, 

and monitoring provisions are necessary to establish how compliance will be determined and be 

sufficient to ensure that the NAAQS and PSD increments are protected. 

In accordance with 30 TAC 116.20(2), the definition of a portable facility states that the facility 

shall not exceed the major source thresholds stated in 40 CFR 51.166(b)(1). It also requires a 

portable facility to be designated with a portable permit number, portable registration number, or 

portable account number. It also prohibits a portable facility authorization at an account that is 

subject to a PSD and Nonattainment permit under 30 TAC Chapter 116, Subchapter B, Divisions 

5 and 6. Thus, only a true minor source may be considered a portable facility. In addition 30 

TAC 116.178(a) provides further requirements for facilities seeking authorization as a portable 

facility. 

In accordance with 30 TAC 116.111, sources seeking authorization as a portable facility are 

required to submit a form PI-1 General Application Form to TCEQ, which is to include 

information regarding the proposed project to be authorized (e.g., emission estimates, description 

of project and related process, description of equipment). 30 TAC 116.115 includes general 

conditions that must be met by sources authorized by a case-by-case NSR permit, including the 

portable facilities permit. These general conditions specifically require that sources authorized 

under an NSR permit comply with the Texas Clean Air Act. In the case where more than one 

state or federal rule of regulation or permit condition are applicable, the source must comply with 

the most stringent requirement or limit. See 30 TAC 116.115(b)(2)(H)(ii). In addition, portable 

facilities may also obtain authorization through a standard permit. EPA approved Texas’ general 

regulations for Standard Permit in 30 TAC Subchapter F of 30 TAC Chapter 116 on November 

14, 2003 (68 FR 64543) as meeting the federal requirements of minor NSR. A facility that 

qualifies for a minor NSR Standard Permit must also comply with all applicable provisions of 

section 111 of the Act (NSPS) and section 112 of the Act (NESHAP). Furthermore, a facility that 

qualifies for a minor NSR Standard Permit must comply with all rules and regulations of TCEQ. 

Therefore, the conditions of the portable facilities permit in no way supersede or relax other 

 

3

 Other relevant guidance includes: “Approaches to creating Federally-Enforceable Emissions Limits,” John S. 

Seitz, November 3, 1993; January 25, 1995 Memorandum entitled “Guidance on Enforceability Requirements for 

Limiting Potential to Emit through SIP and section 112 rules and General Permits” from Kathie A. Stein, Office of 

Enforcement and Compliance Assurance; and “Potential to Emit (PTE) Guidance for Specific Source Categories” 

Memorandum from John S. Seitz, OAQPS, and Eric Schaffer, OECA, April 14, 1998. 

4

 Practical enforceability for a source-specific permit will be achieved if the permit’s provisions specify: (1) A 

technically-accurate limitation and the portions of the source subject to the limitation; (2) the time period for the 

limitation (hourly, daily, monthly, and annual limits such as rolling annual limits); and (3) the method to determine 

compliance, including appropriate monitoring, recordkeeping, and reporting. For rules and general permits that 

apply to categories of sources, practicable enforceability additionally requires that the provisions: (1) Identify the 

types or categories of sources that are covered by the rule; (2) where coverage is optional, provide for notice to the 

permitting authority of the source’s election to be covered by the rule; and (3) specify the enforcement consequences 

relevant to the rule. (See memorandum, “Release of Interim Policy on Federal Enforceability of Limitations on 

Potential to Emit,” signed by John Seitz and Robert Van Heuvelen, Jan. 22, 1996 at 5–6 and Attachment 4.) The 

Agency has frequently used the term “practicably enforceable” and “practical enforceability,” interchangeably. 

There is no difference in the meaning of these terms. ‘‘Enforceable as a practical matter’’ will be achieved if a 

requirement is both legally and practically enforceable. 67 FR 80186, at 80190-91.
17

applicable state or federal requirements. The portable facility is subject to State BACT and the 

permit also contains “relocation conditions” which typically contain control requirements and 

distance limitations. 

Federal requirements for public notice of minor NSR programs are found at 40 CFR 51.160 and 

51.161. The procedures for a minor NSR program in 40 CFR 51.160 require an opportunity for 

public comment on information submitted by the permit applicant and on the permitting 

authority’s analysis of the application, submitted materials and proposed approval or disapproval 

of the permit application. The EPA further explains at 40 CFR 51.161(b) that opportunity for 

public comment is, at a minimum, the availability for public inspection in at least one location in 

the area affected of the information submitted by the owner/operator and of the permitting 

authority’s analysis of the effect on air quality; a 30-day period for submittal of public comment; 

and a notice by prominent advertisement in the area affected of the location where the public can 

see the submitted materials and analysis. 

The provisions under review at 30 TAC Sections 116.20 and 116.178 do not establish a new 

minor source permit. Rather, these provisions enable an existing minor NSR portable facility to 

move in accordance with the issued permit. The change of location and relocation of a portable 

facility do not change any conditions of the underlying permit and do not constitute a new minor 

source permit. As such, the change of location and relocation of a portable facility is not required 

to have minor NSR public notice under 40 CFR 51.160 and 51.161. Include something like what 

is in the FRN about the change being beyond the scope and relocations being consistent with 

federal requirements. 

Based on our evaluation of the proposed provisions found in the portable facilities program, in 

conjunction with the underlying SIP-approved provisions of the Texas Minor NSR Permitting 

Program found in Chapter 116, we propose to find that the portable facilities program meets the 

requirements that are applicable to minor NSR. 

Summary of Substantive Changes in SIP Revision for 30 TAC § 116 Control of Air 

Pollution by Permits for New Construction or Modification 

Annotation and Evaluation of § 116.20 Portable Facilities 

Definitions

Comments 

§116.20. Portable Facilities Definitions.

Unless specifically defined in the Texas Clean Air Act or in 

the rules of the commission, the terms used by the commission 

have the meanings commonly ascribed to them in the field of 

air pollution control. In addition to the terms that are defined 

by the Texas Clean Air Act, and in §101.1 of this title (relating 

to Definitions), the following words and terms, when used in 

Subchapter B, Division 8 of this chapter (relating to Portable 

Facilities), have the following meanings, unless the context 

clearly indicates otherwise.

Introductory paragraph is 

approvable as providing a summary 

for the basis of the rule.

(1) Change of location - The process of gaining approval and 

moving a permitted facility and associated sources to a new 

location in which public notice is required, in accordance with 

Section 116.20(1) is approvable. 

This section meets the minor NSR 

requirements and includes public 

notice.
18

Annotation and Evaluation of § 116.20 Portable Facilities 

Definitions

Comments 

the requirements of Chapter 39, of this title (relating to Public 

Notice).

(2) Portable facility - A facility authorized by a permit 

containing special conditions that allow the facility to relocate. 

Portable facilities are authorized by the Texas Commission on 

Environmental Quality, Air Permits Division. To be a portable 

facility, the facility shall not exceed the major source 

thresholds states in 40 Code of Federal Regulations (CFR) 

§51.166(b)(1) and the permit for that facility shall be is

designated with a portable permit number, portable registration 

number, or portable account number. The portable facility 

cannot be located at an account that is subject to the 

requirements for Prevention of Deterioration and 

Nonattainment permits under Chapter 116, Subchapter B, 

Divisions 5 and 6 of this title (relating to Nonattainment 

Review Permits and Prevention of Significant Deterioration 

Review). These portable designations are used to facilitate the 

relocation of these types of facilities under specific criteria, 

and are not authorized under Chapter 106 of this title (relating 

to Permits by Rule).

Section 116.20(2) is approvable. 

(3) Project - A public works contract or series of contracts for 

segments of work within close proximity to each other.

Section 116.20(3) is approvable. 

(4) Related project segments - For facilities on a Texas 

Department of Transportation right-of-way, related project 

segments are one contract with multiple project locations or 

one contractor with multiple contracts in which separate 

project limits are in close proximity to each other. A facility 

that is sited on the right-of-way is usually within project limits. 

However, a facility located at an intersection or wider right-ofway outside project limits is acceptable if it can be easily 

associated with the project.

Section 116.20(4) is approvable. 

This section clarifies that public 

works projects do not need to go to

public notice.

(5) Relocation - The process of gaining approval and moving a 

facility and associated sources to an approved site in which no 

public notice is required under Chapter 39 of this title (relating 

to Public Notice).

Section 116.20(5) is approvable 

because the portable facility 

designated for relocation has 

provided public notice within the 

past two years for a portable facility

at the new location. 

(6) Right-of-way of a public works project - Any public works 

project that is associated with a right-of-way. Examples of 

right-of-way public works projects are public highways and 

roads, water and sewer pipelines, electrical transmission lines, 

and other similar works. A facility must be in or contiguous to 

the right-of-way of the public works project to be exempt from 

Section 116.20(6) is approvable.

TCEQ has demonstrated that the 

portable facility can be moved to the 

right-of-way, or contiguous to the 

right-of-way, of a public works 

project without additional impacts 

expected at the new location.
19

Annotation and Evaluation of § 116.20 Portable Facilities 

Definitions

Comments 

the public notice requirements listed in Texas Health and 

Safety Code, §382.056.

(7) Site-As defined in §122.10 of this title (relating to General 

Definitions).

Section 116.20(7) is approvable. 

(8) Temporary facility - A facility that will occupy a 

designated site for not more than 180 consecutive days or that 

will supply material (such as concrete, hot mix asphalt, 

crushed rock, etc.) for a single project (single contract or same 

contractor for related project segments), but not other 

unrelated projects.

Section 116.20(8) is approvable. 

Annotation and Evaluation of §116.178 Relocations and 

Changes of Location of Portable Facilities

Comments

(a) Portable facility requirements. The following requirements 

apply to portable facilities.

(1) A portable permit must be authorized by the executive 

director and designated with the appropriate portable permit, 

portable registration, or portable account number.

Section 116.178(a)(1) is approvable. 

The initial portable permit 

application is submitted under 30 

TAC 116.111

(2) An applicant shall not use a permit by rule or standard 

permit authorization as a waiver of public notice (public notice 

requirements as specified in subsection (b)(2) of this section) 

regardless of the registration number or account code assigned 

by the executive director. A facility authorized by the Air 

Quality Standard Permit for Concrete Batch Plants or concrete 

batch plant permits by rule for which an applicant provided 

public notice is an exception.

Section 116.178(a)(2) is approvable. 

(3)The executive director will not convert a permanent facility 

permit number to a portable designation unless the owner or 

operator is requesting a change of location as defined in 

§116.20 of this title (relating to Portable Facilities Definitions) 

for the facility. The permit holder must publish notice for any 

change in an existing permit number. The notice must identify 

the new permit number and the proposed location.

Section 116.178(a)(3) is approvable.

(b) Relocation qualifications. The appropriate regional office 

may approve the relocation of a portable facility if the 

applicant's permit contains current special conditions defining 

the approval process to move. A relocation application cannot 

include a modification. Approval for relocation is based on one 

of the following conditions:

Section 116.178(b) is approvable 

because each site designated for 

relocation has provided public notice 

within the past two years. 

(1) a permitted portable facility and associated equipment are 

moving to a site for support of a public works project in which 

Section 116.178(b)(1) is approvable.
20

Annotation and Evaluation of §116.178 Relocations and 

Changes of Location of Portable Facilities

Comments

the proposed site is located in or contiguous to the right-ofway of the public works project; or

(2) a portable facility is moving to a site in which a portable 

facility has been located at the site at any time during the 

previous two years and the site was subject to public notice as 

required under Chapter 39 of this title (relating to Public 

Notice), the Air Quality Standard Permit for Concrete Batch 

Plants, or the concrete batch plant permits by rule.

Section 116.178(b)(2) is approvable 

because each site designated for 

relocation has provided public notice 

within the past two years. 

(c) Relocation request requirements. The permit holder shall 

submit a complete written request to the appropriate 

commission regional office for the new location and obtain 

written approval before the start of construction and 

commencement of operations at the new site. The permit 

holder is responsible for providing proof of submittal for all 

relocation requests. Construction may begin after receipt of 

approval from the appropriate commission regional office or 

12 business days after the date of postmark or the date of 

personal delivery of the request, whichever occurs first, unless 

disapproval is sent within the 12 business days. The permit 

holder's request is considered approved if the appropriate 

regional office does not provide approval or denial of a 

complete submittal within 12 business days; however, the 

presumed approval does not exempt the applicant from 

ensuring that public notice was accomplished at the new site as 

required under Chapter 39 of this title. The relocation request 

shall contain all of the following information:

Section 116.178(c) is approvable. 

The 30 day public notice 

requirements are met when the 

original permit for the portable 

facility is submitted. Subsequently, 

the portable facility is required to 

submit a relocation request to the 

TCEQ Regional Office; there are 12 

business days for the approval or

disapproval of the request.

(1) the company name, address, company contact, and 

telephone number;

Section 116.78(c)(1) is approvable. 

(2) a copy of the existing permit conditions and the maximum 

allowable emission rates table that is in effect for the permitted 

facility;

Section 116.178(c)(2) is approvable.

(3) the regulated entity number (RN), customer reference 

number (CN), applicable permit or registration numbers, and, 

if available, the Texas Commission on Environmental Quality 

account number;

Section 116.178(c)(3) is approvable. 

(4) the location from which the facility is moving (current 

location);

Section 116.178(c)(4) is approvable. 

(5) a location description of the proposed site (city, county, 

and exact physical location description);

Section 116.178(c)(5) is approvable.

(6) a scaled plot plan that identifies the location of all 

equipment and stockpiles, and also indicates that the required 

distances to the property lines can be met;

Section 116.178(c)(6) is approvable. 

(7) a scaled area map that identifies the distance and direction 

to the closest off-property receptor (if required) and clearly 

Section 116.178(c)(7) is approvable. 
21

Annotation and Evaluation of §116.178 Relocations and 

Changes of Location of Portable Facilities

Comments

indicates how the proposed site is contiguous or adjacent to the 

right-of way of a public works project (if required);

(8) the proposed date for start of construction and expected 

date for start of operation;

Section 116.178(c)(8) is approvable. 

(9) the expected time period at the proposed site; Section 116.178(c)(9) is approvable. 

(10) the permit or registration number of the portable facility 

that was located at the proposed site any time during the last 

two years, and the date the facility was last located there. This 

information is not necessary if the relocation request is for a 

public works project that is contiguous or adjacent to the rightof-way of a public works project; and

Section 116.178(c)(10) is 

approvable because the site 

designated for relocation has 

provided public notice within the 

past two years. 

(11) proof that the proposed site had accomplished public 

notice, as required by Chapter 39 of this title. This proof is not 

necessary if the relocation request is for a public works project 

that is contiguous or adjacent to the right-of-way of a public 

works project.

Section 116.178(c)(11) is 

approvable. 

(d) Denial of relocation. If the permit holder cannot qualify 

for a relocation, as described in subsection (c) of this section, 

the appropriate regional office shall deny the relocation request 

and the applicant may request a change of location, as defined 

in §116.20 of this title.

Section 116.78(d) is approvable. 

(e) Requesting changes to relocation instructions. A permit 

holder shall request from the executive director a permit 

alteration, as defined in §116.116(c)(1)(B) of this title (relating 

to Changes to Facilities), to update relocation instructions. The 

permit holder may apply for a relocation simultaneously with 

the alteration. The permit holder shall obtain written approval 

before the start of construction and commencement of 

operations at the new site and shall not assume approval within 

12 businesses days. The permit holder shall submit the 

following information for any alteration request and relocation 

application to the TCEQ Central Office in Austin, Air Permits 

Division: 

Section 116.178(e) is approvable 

because each site designated for 

relocation has provided public notice 

within the past two years.

(1) the required form and attachments, including a detailed plot 

plan and area map; and

Section 116.178(e)(1) is approvable.

(2) a copy of the current permit. Section 116.178(e)(2) is approvable. 

(f) Requesting changes of location. For a change of location 

application, the permit holder shall submit the required form 

and attachments to the TCEQ Central Office in Austin, Air 

Permits Division. All applications must include an evaluation 

of best available control technology and protection of public 

health and welfare as described in §116.111(a)(2)(C) of this 

title (relating to General Application).

Section 116.178(f) is approvable 

because a change of location 

requires public notice and is treated 

as a new permit authorization.
22

C. CAA 110 (1) Analysis

CAA Section 110(1) requires that a SIP revision be submitted to EPA be adopted after 

reasonable notice and public hearing. Section 110(1) also requires that we not approve a SIP 

revision if the revision would interfere with any applicable requirement of the CAA. 

Section 110(1) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall be adopted by 

such State after reasonable notice and public hearing. The Administrator shall not approve a 

revision of a plan if the revision would interfere with any applicable requirements concerning 

attainment and reasonable further progress (as defined in Section 171), or any other applicable 

requirement of this act. 

The EPA has evaluated the March 19, 2010 and July 2, 2010 revisions pertaining to Portable 

Facilities under section 110(l) of the Act. Our evaluation indicates that Texas adopted the March 

19, 2010 and July 2, 2010, SIP revisions after reasonable public notice and an opportunity for a 

public hearing. Therefore, we conclude that the TCEQ satisfied all procedural requirements for 

SIP development. Further, the EPA has preliminarily determined that the submitted revisions to 

the Portable Facilities SIP revisions satisfy the minimum requirements for a minor NSR 

program, including adequate provisions for legal enforceability and public participation to ensure 

protection of the control strategy and any applicable NAAQS. The Portable Facilities program 

also contains sufficient safeguards to prevent circumvention of Major NSR permitting 

requirements. Therefore, we find that the submitted revisions to the minor NSR Portable 

Facilities program is protective of the NAAQS, increment, attainment and reasonable further 

progress, and any other applicable control strategy requirements and will therefore satisfy the 

requirements of 110(l) of the Act. 

IV. Conclusion 

We have evaluated the SIP submissions for whether they meet the Act and 40 CFR Part 51, and 

are consistent with EPA’s interpretation of the relevant provisions. Based upon our evaluation, 

the EPA is preliminarily determining that the March 9, 2010 and July 2, 2010, SIP revision 

submittals for portable facilities and public participation for portable facilities meet the 

applicable requirements of the Act and 40 CFR Part 51. 

The EPA’s minor NSR regulations require public notice for each minor NSR permit. Because 

neither the change of location or relocation of a portable facility results in a new minor NSR 

permit than the permit that was originally public noticed, there is no specific federal requirement 

for a new public notice. Relocations of portable facilities with minor NSR permits can occur 

since there is no underlying change to the permit terms and conditions and the TCEQ evaluates 

each requested relocation for adverse environmental impacts on attainment or maintenance of the 

NAAQS or increment violations. 
23

Based on our evaluation, we recommend proposing to find that the Portable Facilities Permit 

provisions found in 30 TAC 116.178, and the new definitions included at 30 TAC 116.20, 

provide for the necessary procedures and applicable requirements that are required for minor 

permitting programs.