## 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 onlyChapter 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 HartnettWhite, Chairman R. B. "Ralph" Marquez, Commissioner Larry R. Soward, Commissioner 

## F?ECEIVED

Glenn Shankle, ExecutiveDirector 

## F£8 -3 PN I: 3 4 

## TEXAS COMMISSION ON

# El#lfftlNMENfll\I?J~LITY Protecting Texas byReducingandPreventingPollution 

### 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 achange resulting from new source review reform, require the inclusionofmaintenance, start-up, and shutdownemissions, and to reorganize the requirements. Finally, rulemaking reorganizes portions ofChapter 116 to allow the inclusion ofthe proposed new sections. Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record ofthe public hearing, and the accompanying order. I look forward to your expeditious approval ofthese SIP revisions. Sincerely,

KHW/js Enclosures (.._:; ·.**;~** C:: 

### cc: The Honorable Rick Perry, Governor ofTexas Mr. Zak Covar, Office ofBudget, Planning and Policy, Office ofthe 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 ofdocuments 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 QualityTexas Commission on Environmental Quality Public Hearing October 27, 2005 Concerning Revisions to Chapter 116, Control ofAir Pollution by Permits for New Construction or Modification; Federal New Source Review (NSR) Permit Rules Reform Rule Project Number 2005-010-116-PR11\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 116.610; 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 of30 TAC Chapter 116, Control ofAir 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 ofthe 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 ofthe public hearing and is divided into the following four sections:

o Public Notification and Proposal
o Written and Oral Testimony
o Evaluation ofTestimony
o Staff Recommendations (including Order and Texas Registerpublication)

Additional copies ofthis hearing record are maintained in the commission's central office at 12100 Park 35 Circle, Austin, Texas 78753. Forfurther 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 ofCatastrophe, 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 ofthe 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 ofpublic health, general welfare, and physical property; §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality ofthe 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 ofthe state's air; and §382.051, concerning Permitting Authority ofCommission; 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 ofa facility may apply to the commission or the executive director for
an emergency order under Texas Water Code, §5.515, and Chapter 35 ofthis title (relating to Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment ofPermit Conditions), to authorize immediate action for the addition, replacement, or repair offacilities or control equipment, and authorizing associated emissions ofair 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 herebycertifythat this isatrue and correctcopyofa**~** Texas Commission.on Environmental Qualitydocument, "" which isfiled in the permanent recordsoftheCommission. Given un rmy hand and the seal ofoffice on 

# JA**.~** 

# 172006 bo OMI CulllnUIII. ChilfClori TixaaCommluionon.Envll'onmerltlilQuality 

### 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 ofamendments 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 of30 TAC Chapter 116, Control ofAir Pollution by Permits for New Construction or Modification; and correspondingrevisionstothe state implementationplan (SIP). TheCommission 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 116.1200of30TAC Chapter 116, Control ofAir Pollution by Permits for New Construction orModification; and corresponding revisions to the SIP. The adoptionamends 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, thepollutioncontrolprojectstandardpermitis amended to incorporate achangeresultingfrom new sourcereview reform; include maintenance, startup, and shutdown emissions; and to reorganize the requirements of the standard permit. Finally, this rulemaking reorganizes portions ofChapter 116 to allow the inclusion ofthe 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 andpurposesofthe Texas CleanAirAct, Chapter 382 ofthe Tex. Health & Safety Code. Theproposed rules were published for comment in the September 30, 2005, issue ofthe 

### Texas Register (30 TexReg 6183). PursuanttoTex. Health & Safety Code Ann. § 382.017 (Vernon2001), Tex. Gov'tCode Chapter2001 (Vernon2000 & Vernon Supp. 2005), and 40 Code ofFederal Regulations § 51.102 and afterpropernotice, 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 30days prior to the date ofthe 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 orin writing, at the hearing or during the commentperiod. Prior to the scheduled hearing, copies ofthe 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 ofinterested persons regarding the proposed new, amended, and repealed sections and SIP revisions were submitted to the Commission during the comment period, and wereconsidered by the Commission as reflected in the analysis oftestimony incorporated by reference to this Order. The Commission finds that the analysis oftestimony includes the names ofall interested groups or associations offering commentonthe proposednew, amended, and repealed sections and the SIP revisions and theirposition concerning the same. ITIS THEREFOREORDERED BYTHECOMMISSION thatthe new, amended, andrepealed 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. ITIS FURTHER ORDEREDBY THECOMMISSION that onbehalfofthe Commission, the Chairman should transmit a copy ofthis Order, together with the adopted rules and revisions to the SIP, to the Regional Administrator ofEPA 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 Orderconstitutes the Order ofthe Commission requiredbythe Administrative Procedure Act, Tex. Gov't Code, § 2001.033 (Vernon 2000 & Vernon Supp. 2005). Ifany portion ofthis Orderis for any reason held to be invalid by a court ofcompetentjurisdiction, the invalidity ofany portion shall not affect the validity ofthe remaining portions.
Date issued: 

# JAN 13 ZOOS TEXAS COMMISSION ON ENV. RONMENTAL QUALITY



# .!J