Texas Revisions to 30 TAC Chapter 116, Subchapter K, 

Emergency Orders, §1200, Applicability, with revisions to 

Chapter 116 submitted to EPA February 1, 2006. 

This document contains only Chapter 116, Subchapter K, 

Emergency Orders, §1200, Applicability, as adopted by the Texas 

Commission on Environmental Quality (TCEQ) January 11, 2006 

effective February 1, 2006. 

The entire submittal is available this Regulations.gov web site in 

the following dockets: 

 docket EPA-R06-OAR-2006-0133, document EPA-R06-

OAR-2006-0133-0003; 

 docket EPA-R06-OAR-2010-0620, document EPA-R06-

OAR-2010-0620-0003; and 

 docket EPA-R06-OAR-2011-0332, document EPA-R06-

OAR-2011-0332-0003. 
Kathleen Hartnett White, Chairman 

R. B. "Ralph" Marquez, Commissioner 

Larry R. Soward, Commissioner 

F?ECEIVED 

Glenn Shankle, Executive Director F£8 -3 PN I: 3 4 

TEXAS COMMISSION ON El#lfftlNMENfll\I?J~LITY 

Protecting Texas by Reducing and Preventing Pollution 

February 1, 2006 

Docket No. 2005-1050-RUL 

Richard E. Greene, Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mayor Greene: 

On January 11, 2006, the Texas Commission on Environmental Quality (Commission) adopted revisions to the 

State Implementation Plan (SIP). 

The Commission adopted amended§§ 116.12, 116.150, 116.151, 116.160, and 116.610; the repeal of§§ 

116.180- 116.183, 116.410, and 116.617; and new§§ 116.121, 116.180, 116.182, 116.184, 116.186, 116.188, 

116.190, 116.192, 116.194, 116.196, 116.198, 116.4 00, 116.402, 116.404, 116.406, 116.617, and 116.1200 

of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and 

corresponding revisions to the SIP. The adoption amends Chapter 116 to implement federal new source review 

reform. The specific areas addressed are: definitions, plant-wide applicability limits, actual-to-projected actual 

emission test, and emission baseline determination. In addition, the pollution control project standard permit is 

amended to incorporate a change resulting from new source review reform, require the inclusion of maintenance, 

start-up, and shutdown emissions, and to reorganize the requirements. Finally, rulemaking reorganizes portions 

of Chapter 116 to allow the inclusion of the proposed new sections. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearing, and the accompanying order. I look forward to your expeditious approval of these SIP revisions. 

Sincerely, 

KHW/js 

Enclosures (.._:; ·. ;~ 

C:: 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Zak Covar, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tceq.state.tx.us 

pnnteJ (JJI recycled paper using suy~baseJ ink 
TExAs CoMMISSION oN ENVIRONMENTAL QuALITY 

THE STATE OF TEXAS 

COUNTY OF TRAVIS 

This is to certify that the attached are true and correct copies of documents for revisions to the Texas 

State Implementation Plan, adopted on January 11, 2006, pursuant to 40 Code of Federal Regulations (CFR) 

§ 51.104. I am the records administrator for the General Law Division of the Texas Commission on 

Environmental Quality (Commission). 

Kevin McCalla 

Director, General Law Division 

Texas Commission on Environmental Quality 
Texas Commission on 

Environmental Quality 

Public Hearing 

October 27, 2005 

Concerning Revisions to Chapter 116, Control of Air Pollution 

by Permits for New Construction or Modification; 

Federal New Source Review (NSR) Permit Rules Reform 

Rule Project Number 2005-010-116-PR 
11\ITRODUCTION 

The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on October 

27, 2005, to receive testimony regarding amended §§116.12, 116.150, 116.151, 116.160, and 116.61 0; 

repealed §§116.180- 116.183, 116.410, and 116.617; and new §§116.121, 116.180, 116.182, 116.184, 

116.186, 116.188, 116.190, 116.192, 116.194, 116.196, 11~.198, 116.400, 116.402, 116.404, 116.406, 

116.617, and 116.1200 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or 

IVIodification; and corresponding revisions to the state implementation plan. 

The rulemaking amends Chapter 116 to implement federal new source review reform. The specific areas 

addressed are plant-wide applicability limits, actual-to-projected actual emission test, emission baseline 

determination, and the pollution control project standard permit. The rulemaking also re-organizes portions of 

Chapter 116 to allow the inclusion of the new sections. 

The comment period closed on October 31, 2005. All testimony and comments have been reviewed and 

seriously considered. This hear~ng record contains a complete record of the public hearing and is divided into 

the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation of Testimony 

o Staff Recommendations (including Order and Texas Register publication) 

Additional copies of this hearing record are maintained in the commission's central office at 12100 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Beecher Cameron, Air Permits Division, 

at (512) 239-1495. 
STAFF 

RECOMMENDATIONS 
SUBCHAPTER K: EMERGENCY ORDERS 

§116.1200 

STATUTORY AUTHORITY 

The new section is adopted under TWC, §5 .103, concerning Rules, and §5 .105, concerning General 

Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties 

under the TWC; §5.515, Emergency Order Because of Catastrophe, which authorizes the commission 

to order immediate action necessitated by catastrophe; §5.516, Emergency order Under Section 

401.056, Health and Safety Code, which authorizes the commission to issue an emergency order under 

Section 401.056, Health and Safety Code; and under THSC, §382.017, concerning Rules, which 

authorizes the commission to adopt rules consistent with the policy and purposes of the TCAA. The 

new section is also adopted under THSC, §382.002, concerning Policy and Purpose, which establishes 

the commission purpose to safeguard the state's air resources, consistent with the protection of public 

health, general welfare, and physical property; §382.011, concerning General Powers and Duties, 

which authorizes the commission to control the quality of the state's air; §382.012, concerning State 

Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive 

plan for the control of the state's air; and §382.051, concerning Permitting Authority of Commission; 

Rules, which authorizes the commission to issue permits and adopt rules necessary for permits issued 

under THSC. 

The new section implements TWC, §5.515 and §5.516, and THSC, §§382.002, 382.011, 382.012, 

and 382.051. 

82 
§116.1200. Applicability. 

The owner or operator of a facility may apply to the commission or the executive director for 

an emergency order under Texas Water Code, §5.515, and Chapter 35 of this title (relating to 

Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit 

Conditions), to authorize immediate action for the addition, replacement, or repair of facilities or 

control equipment, and authorizing associated emissions of air contaminants, whenever a catastrophe 

necessitates such construction and emissions otherwise precluded under the Texas Clean Air Act. 

83 
TEXAS CoMMISSION ON ENVIRONME~g~~kt11a 

~~'\E 0;;. COUNTY OF TRAVIS 

c., 1. I hereby certify that this is a true and correct copy of a 

~ Texas Commission .on Environmental Quality document, 

"" which is filed in the permanent records of the Commission. 

Given un r my hand and the seal of office on 

JA .~ 17 2006 

bo OMI CulllnUIII. Chilf Clori 

Tixaa Commluion on.Envll'onmerltlil Quality 

ORDER ADOPTING NEW, AMENDED, AND REPEALED RULES AND 

REVISIONS TO THE STATE IMPLEMENTATION PLAN 

Docket No. 2005-1050-RUL 

On January 11, 2006, the Texas Commission on Environmental Quality (Commission), during a public 

meeting, considered adoption of amendments to§§ 116.12, 116.150, 116.151, 116.160, and 116.610; the repeal 

of§§ 116.180- 116.183, 116.410, and 116.617; and new§§ 116.121, 116.180, 116.182, 116.184, 116.186, 

116.188, 116.190, 116.192, 116.194, 116.196, 116.198, 116.400, 116.402, 116.404, 116.406, 116.617, and 

116.1200 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; 

and corresponding revisions to the state implementation plan (SIP). The Commission adopts amended§§ 116.12, 

116.150, 116.151, 116.160, and 116.610; the repeal of§§ 116.180- 116.183, 116.410, and 116.617; and new 

§§ 116.121, 116.180, 116.182, 116.184, 116.186, 116.188, 116.190, 116.192, 116.194, 116.196, 116.198, 

116.400, 116.402, 116.404, 116.406, 116.617, and 116.1200 of30 TAC Chapter 116, Control of Air Pollution 

by Permits for New Construction or Modification; and corresponding revisions to the SIP. The adoption amends 

Chapter 116 to implement federal new source review reform, specifically regarding definitions, plant-wide 

applicability limits, actual-to-projected actual emission test, and emission baseline determination. In addition, 

the pollution control project standard permit is amended to incorporate a change resulting from new source review 

reform; include maintenance, startup, and shutdown emissions; and to reorganize the requirements of the 

standard permit. Finally, this rulemaking reorganizes portions of Chapter 116 to allow the inclusion of the new 

sections. Under Tex. Health & Safety Code Ann. §§ 382.011, 382.012, and 382.023 (Vernon 2001), the 

Commission has the authority to control the quality of the state's air and to issue orders consistent with the 

policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. Health & Safety Code. The proposed 

rules were published for comment in the September 30, 2005, issue of the Texas Register (30 TexReg 6183). 

Pursuant to Tex. Health & Safety Code Ann. § 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 

(Vernon 2000 & Vernon Supp. 2005), and 40 Code of Federal Regulations § 51.102 and after proper notice, the 

Commission conducted a public hearing to consider the new, amended, and repealed sections and revisions to 

the SIP. Proper notice included prominent advertisement in the areas affected at least 30 days prior to the date 

of the hearing. A public hearing was held in Austin on October 27, 2005. 

The Commission circulated hearing notices of its intended action to the public, including interested 

persons, the Regional Administrator of the EPA, and all applicable local air pollution control agencies. The 

public was invited to submit data, views, and recommendations on the proposed new, amended, and repealed 

sections and SIP revisions, either orally or in writing, at the hearing or during the comment period. Prior to the 

scheduled hearing, copies of the proposed new, amended and repealed sections and SIP revision were available 

for public inspection at the.Commission's central office and on the Commission's Web site. 

Data, vjews, and recommendations of interested persons regarding the proposed new, amended, and 

repealed sections and SIP revisions were submitted to the Commission during the comment period, and were 
considered by the Commission as reflected in the analysis of testimony incorporated by reference to this Order. 

The Commission finds that the analysis of testimony includes the names of all interested groups or associations 

offering comment on the proposed new, amended, and repealed sections and the SIP revisions and their position 

concerning the same. 

IT IS THEREFORE ORDERED BY THE COMMISSION that the new, amended, and repealed sections 

and revisions to the SIP incorporated by reference to this Order are hereby adopted~ The Commission further 

authorizes staff to make any non-substantive revisions to the rules necessary to comply with Texas Register 

requirements. The adopted rules and the preamble to the adopted rules and the revisions to the SIP are 

incorporated by reference in this Order as if set forth at length verbatim in this Order. 

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the Chairman 

should transmit a copy of this Order, together with the adopted rules and revisions to the SIP, to the Regional 

Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act,-§ 110, 

codified at 42 U.S. Code Ann. §§ 7410 -7671q, as amended. 

This Order constitutes the Order of the Commission required by the Administrative Procedure Act, Tex. 

Gov't Code, § 2001.033 (Vernon 2000 & Vernon Supp. 2005). 

If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, the 

invalidity of any portion shall not affect the validity of the remaining portions. 

Date issued: JAN 13 ZOOS TEXAS COMMISSION ON 

ENV. RONMENTAL QUALITY 

. !J