8916 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule related 

to West Virginia’s minor NSR Program 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 28, 2014. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2014–03289 Filed 2–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0495; FRL–9906–61– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions for Permitting of Particulate 

Matter With Diameters Less Than or 

Equal to 2.5 Micrometers (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the Texas Commission on 

Environmental Quality (TCEQ) on May 

19, 2011. The May 19, 2011, SIP 

submission adopts revisions to the 

Texas General Air Quality Definitions 

and Permits by Rule (PBR) program 

consistent with certain federal rules 

implementing the 1997 and 2006 PM2.5

National Ambient Air Quality Standard 

(NAAQS). EPA is also proposing to find 

that the Texas Prevention of Significant 

Deterioration (PSD) New Source Review 

(NSR) SIP meets all EPA PM2.5 PSD SIP 

rules. These rules include permitting 

components such as the PM2.5

precursors of sulfur dioxide and 

nitrogen oxides, condensables, 

significant emissions rates (SER), and 

increment. EPA is proposing these 

actions under section 110 and part C of 

the Clean Air Act (CAA or the Act). 

DATES: Comments must be received on 

or before March 17, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0495, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Email: Ms. Adina Wiley at 

wiley.adina@epa.gov. 

• Mail or Delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0495. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background for Our Proposed Action 

II. Summary of State Submittal 

A. Summary of the Revisions to the 

General Definitions at 30 TAC Section 

101.1 


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1There are no PM2.5 nonattainment areas in 

Texas; therefore TCEQ is not required to adopt or 

submit a NNSR program for PM2.5 implementation 

as part of the Texas SIP. 

2As discussed in Section I, and more fully 

explained in Section III, the 1992 SIP approval of 

the Texas PSD program provides the state the 

authority to regulate PM2.5 emissions via the Texas 

PSD program. However, the Texas PSD program 

must be revised when EPA promulgates new PSD 

SIP permitting requirements such as SERs or 

increments. Once TCEQ undergoes rulemaking to 

address these new requirements, the Texas PSD SIP 

program is then updated to reflect subsequent 

federal PSD SIP permitting requirements if those 

requirements revise an existing permitting 

component that TCEQ has previously undergone 

rulemaking to address. For example, if EPA changes 

a SER in the future for direct PM2.5 emissions or the 

PM2.5 precursors SO2 or NOX, the Texas program 

would update to reflect the revised SER without 

need of a further SIP revision by the state. 

Accordingly, by undergoing the revisions in the 

May 19, 2011 SIP submission to address the federal 

PM2.5 SIL and SMC permitting components, the 

existing Texas PSD permitting SIP is updated to 

reflect EPA’s rulemaking removing the PM2.5 SIL 

and SMC on December 9, 2013. 

3This record was submitted to EPA as part of the 

May 19, 2011 SIP submission, and is included in 

the docket for this rulemaking. 

B. Summary of the Revisions to the 

Requirements for Permitting by Rule at 

30 TAC Section 106.4 

III. EPA’s Analysis of the May 19, 2011 Texas 

SIP Submittal 

A. Analysis of the May 19, 2011 Revisions 

to the General Definitions at 30 TAC 

Section 101.1 

B. Analysis of the May 19, 2011 Revisions 

and the Texas PSD Permitting Program 

1. The NSR PM2.5 Implementation Rule 

2. The PM2.5 PSD Increment—SILs—SMC 

Rule 

C. Analysis of the May 19, 2011 Revisions 

to the Texas Minor NSR Permitting 

Programs 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background for Our Proposed Action 

The Act at section 110(a)(2)(C) 

requires State Implementation Plans 

(SIPs) to include preconstruction review 

and permitting programs applicable to 

certain new and modified stationary 

sources of air pollutants. These 

requirements apply in attainment and 

nonattainment areas and cover both 

major and minor new sources and 

modifications. Collectively, these SIP 

requirements are referred to as the New 

Source Review (NSR) SIP. The CAA 

NSR SIP program is composed of three 

separate programs: Prevention of 

significant deterioration (PSD), 

nonattainment (NNSR), and Minor NSR. 

PSD is established in part C of title I of 

the CAA and applies in areas that meet 

the NAAQS—‘‘attainment areas’’—as 

well as areas where there is insufficient 

information to determine if the area 

meets the NAAQS—‘‘unclassifiable 

areas.’’ The NNSR SIP program is 

established in part D of title I of the 

CAA and applies in areas that are 

designated as ‘‘nonattainment areas’’ 

because they are not in attainment of the 

NAAQS. The Minor NSR SIP program 

addresses construction or modification 

activities for sources that will not emit, 

or have the potential to emit, above 

certain thresholds and thus do not 

qualify as ‘‘major.’’ Minor NSR applies 

regardless of the designation of the area 

in which a source is located. EPA 

regulations governing the criteria that 

states must satisfy for EPA approval of 

the NSR programs as part of the SIP are 

contained in 40 CFR 51.160–51.166. 

When EPA originally approved 

TCEQ’s PSD SIP on June 24, 1992, this 

action included the TCEQ’s authority to 

require PSD permits for emissions of 

ozone, particulate matter, sulfur oxides, 

carbon monoxide, nitrogen dioxides, 

and lead (57 FR 28093). TCEQ’s Minor 

NSR SIP also requires permits for these 

emissions. Under Texas state law, once 

the TCEQ has the authority to require 

the permitting of a NAAQS for a 

particular pollutant, it has the authority 

to require the permitting of any new or 

revised version of that NAAQS for that 

pollutant. For instance, the ozone 

NAAQS was first promulgated by EPA 

in 1971 with a one-hour averaging time. 

The ozone NAAQS was revised in 1979 

with the same averaging time but in a 

different form, and then revised again in 

1997 and 2008 with an 8-hour averaging 

time and different form. Regardless of 

later revisions by EPA, as of the 1992 

approval of TCEQ’s PSD SIP, TCEQ had 

the state authority to require permitting 

of these different versions of the ozone 

NAAQS upon the effective date of each 

new or revised NAAQS. The Texas PSD 

SIP and the Texas Minor NSR SIP cover 

these various versions of the same 

pollutant, ozone. This continuation of 

authority is analogously applicable for 

all the other NAAQS, including the PM 

NAAQS, i.e. TCEQ has the authority to 

require the permitting of the PM10 and 

PM2.5 NAAQS based upon the 1992 SIPapproved authority to permit the PM 

NAAQS. The TCEQ, however, must 

undergo an additional rulemaking and 

submit for approval as part of the PSD 

SIP, revisions that address any PSD SIP 

regulations promulgated by EPA that 

add new permitting components to the 

PSD program, e.g., precursors, 

increments, and significant emission 

rates (SERs). Thereafter, TCEQ does not 

need to conduct further rulemaking to 

cover any new PSD SIP regulations for 

that pollutant unless EPA promulgates a 

new requirement not originally 

contemplated by EPA regulations which 

TCEQ has undergone rulemaking to 

address, e.g., a new precursor for PM2.5. 

By contrast, TCEQ would not 

necessarily have to undergo additional 

rulemaking if EPA revises an existing 

permitting component that TCEQ has 

previously undergone rulemaking to 

address, e.g. EPA revises the SERs for 

the PM2.5 NAAQS and NOX and SO2

precursors. 

Accordingly, the TCEQ adopted 

revisions on April 20, 2011, and 

submitted them to EPA on May 19, 

2011, for approval into the Texas SIP. 

These TCEQ revisions address the 

regulatory requirements of EPA’s 

implementation rules for the 1997 and 

2006 PM2.5 NAAQS as applicable to the 

State’s general regulatory program and 

its PSD and Minor NSR SIP permitting 

programs. Specifically, EPA 

promulgated two rules establishing both 

required and optional implementation 

regulations for PM2.5: the May 16, 2008 

final rule for Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less than 2.5 

Micrometers (PM2.5) (referred to as the 

NSR PM2.5 Implementation Rule), 73 FR 

28321, and the October 20, 2010 final 

rule for Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC) (referred to as the 

PM2.5 PSD Increments—SILs—SMC 

Rule), 75 FR 64864. Today’s proposed 

action and the accompanying Technical 

Support Document (TSD) present our 

rationale for proposing approval of this 

submission as part of the Texas PSD SIP 

by finding that the Texas PSD SIP 

includes the requirements to address 

these two rulemakings concerning the 

PM2.5 NAAQS.1

II. Summary of State Submittal 

The May 19, 2011, SIP submittal 

included revisions to two portions of 

the Texas SIP—the General Definitions 

at 30 TAC Section 101.1 and the 

Requirements for Permitting by Rule at 

30 TAC Section 106.4. The State’s 

rulemaking also updated the PSD NSR 

SIP to reflect the PM2.5 PSD regulations 

adopted as of December 9, 2013.2 In 

particular, the State’s record 

demonstrates the intent of the TCEQ for 

the Texas PSD SIP rules to regulate 

upon the state’s final rulemaking action 

SO2 and NOX as precursors, to account 

for condensable PM2.5 emissions in 

permitting actions, and to include PM2.5

increment provisions, as required by the 

2008 and 2010 PM2.5 NSR rules.3

A. Summary of the Revisions to the 

General Definitions at 30 TAC Section 

101.1 

The General Air Quality Definitions 

found in 30 TAC Section 101.1 are 


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4See, e.g., ‘‘The specific intent of the proposed 

rulemaking is . . . for implementation of PM2.5 NSR 

regulations. The preamble to this rulemaking 

clarifies how precursors and condensable emissions 

are addressed.’’ 35 TexReg. 10147, 10147 

(November 19, 2010) (preamble to Texas’s proposed 

rule adoption addressing federal requirements for 

the implementation of the PM2.5 NAAQS NSR 

Program; finalized 36 TexReg 2841, May 6, 2011) 

(emphasis added). 

applicable to the entirety of the Texas 

Air Quality program. The TCEQ adopted 

and submitted the following revisions to 

the General Definitions: 

• The definition of ‘‘de minimis 

impact’’ at 30 TAC Section 101.1(25) 

was amended to cross reference the 

significant impact levels promulgated 

by EPA at 40 CFR 51.165(b)(2). 

• The definition of ‘‘particulate 

matter’’ at 30 TAC Section 101.1(75) 

was amended to include new subdefinitions for PM10 and PM2.5. 

• The definition of ‘‘particulate 

matter emissions’’ at 30 TAC Section 

101.1(76) was amended to include new 

sub-definitions for direct PM emissions 

and secondary PM emissions. 

• The definition of ‘‘PM10’’ at 30 TAC 

Section 101.1(78) was deleted and 

moved to the revised definition of 

‘‘particulate matter’’ at 30 TAC Section 

101.1(75). Then a new definition of 

‘‘PM2.5 emissions’’ was added at 30 TAC 

Section 101.1(78). 

• The State rulemaking, including the 

Texas Register preambles, which 

describe how the General Definitions 

and State’s PSD and Minor NSR 

permitting program are applicable to 

PM2.5 precursors, and account for 

condensable PM2.5 emissions was 

included in the SIP submittal. 

B. Summary of the Revisions to the 

Requirements for Permitting by Rule at 

30 TAC Section 106.4 

The May 19, 2011 SIP submittal 

included revisions to 30 TAC Section 

106.4 which is under Chapter 106— 

Permits by Rule (PBR). 

The TCEQ adopted and submitted the 

following revisions to 30 TAC Section 

106.4 to provide for the permitting of 

PM2.5 emissions through the use of the 

Minor NSR SIP PBRs. 

• Substantive revisions to 30 TAC 

Section 106.4(a)(1) establishing 

thresholds for emissions of PM2.5 and 

PM10, 

• Non-substantive revisions to 30 

TAC Section 106.4(a)(2) to correct 

grammar and formatting, 

• Substantive revisions to 30 TAC 

Section 106.4(a)(4) establishing 

thresholds for emissions of PM2.5 and 

PM10, and 

• Non-substantive revisions to 30 

TAC Section 106.4(c) to correct 

grammar and formatting. 

• The State rulemaking, including the 

Texas Register preambles, which 

describe how the General Definitions 

and State’s PSD and Minor NSR 

permitting program are applicable to 

PM2.5 precursors and condensables was 

included in the SIP submittal. 

III. EPA’s Analysis of the May 19, 2011 

Texas SIP Submittal 

A. Analysis of the May 19, 2011 

Revisions to the General Definitions at 

30 TAC Section 101.1 

Texas adopted and submitted 

revisions to the definitions of ‘‘de 

minimis impact,’’ ‘‘particulate matter,’’ 

‘‘particulate matter emissions,’’ and 

‘‘PM2.5 emissions’’ at 30 TAC Sections 

101.1(25), (75), (76), and (78) 

respectively. Following is our analysis 

for each of these revised definitions. 

• ‘‘De minimis impact’’ at 30 TAC 

Section 101.1(25)—The TCEQ adopted 

and submitted revisions to the 

definition of ‘‘de minimis impact’’ at 30 

TAC Section 101.1(25) to delete the 

table of values that explicitly listed SIL 

values and to add, instead, a cross 

reference to the table of SIL values 

established by EPA at 40 CFR 

51.165(b)(2). EPA proposes to find that 

this cross reference to the SILs at 40 

CFR 51.165(b)(2), as supplemented by 

the state’s rulemaking record, 

appropriately adds the PM2.5 SILs to the 

Texas air permitting program and is 

consistent with the CAA and EPA’s 

regulations. 

• ‘‘Particulate matter’’ at 30 TAC 

Section 101.1(75)—The TCEQ adopted 

and submitted both non-substantive and 

substantive revisions to the SIPapproved definition of ‘‘Particulate 

Matter’’. The revisions retain the SIPapproved definition for ‘‘particulate 

matter’’ as an introductory paragraph 

and add new sub-definitions for PM10

and PM2.5 under this provision. The 

sub-definition of ‘‘PM10’’ adopted at 30 

TAC Section 101.1(75)(A) is a nonsubstantive change because the TCEQ 

moved the previously SIP-approved 

definition of ‘‘PM10’’ at 30 TAC Section 

101.78 to a new sub-definition of 

‘‘PM10’’ at 30 TAC Section 101.1(75)(A). 

EPA proposes to find this nonsubstantive revision is consistent with 

the previously approved SIP and with 

the federal definitions of ‘‘particulate 

matter’’ at 40 CFR 51.100(oo), 

‘‘particulate matter emissions’’ at 40 

CFR 51.100(pp), ‘‘PM10’’ at 40 CFR 

51.100(qq), and ‘‘PM10 emissions’’ at 40 

CFR 51.100(rr). TCEQ made a 

substantive revision to add a new subdefinition of ‘‘PM2.5’’ to the definition of 

‘‘particulate matter’’ under this 

provision at 30 TAC Section 

101.1(75)(B). The new sub-definition of 

‘‘PM2.5’’ is consistent with the 

definitions of ‘‘particulate matter’’ and 

‘‘particulate matter emissions’’ at 40 

CFR 51.1000 and the requirements for 

PM2.5 at 40 CFR Part 50. EPA proposes 

to find this definition is approvable 

consistent with federal requirements. 

• ‘‘Particulate matter emissions’’ at 30 

TAC Section 101.1(76)—The TCEQ 

adopted and submitted substantive 

revisions to the SIP-approved definition 

for ‘‘Particulate matter emissions’’ at 30 

TAC Section 101.1(76). The revisions 

retain the SIP-approved definition for 

‘‘particulate matter emissions’’ as an 

introductory paragraph and add new 

sub-definitions for ‘‘direct PM 

emissions’’ and ‘‘secondary PM 

emissions’’ at 30 TAC Section 

101.1(76)(A) and (B), respectively. The 

new sub-definition of ‘‘direct PM 

emissions’’ at 30 TAC Section 

101.1(76)(A) is consistent with the 

federal definition for ‘‘direct PM2.5

emissions’’ at 40 CFR 51.1000. The new 

sub-definition of ‘‘secondary PM 

emissions’’ at 30 TAC Section 

101.1(76)(B) is consistent with the 

federal definition of ‘‘PM2.5 precursor’’ 

at 40 CFR 51.1000. 

• ‘‘PM2.5 Emissions’’ at 30 TAC 

Section 101.1(78)—The TCEQ adopted 

the deletion of the previously SIPapproved definition of ‘‘PM10

emissions’’ at 30 TAC Section 101.1(78). 

The SIP-approved definition of ‘‘PM10

emissions’’ has been retained in a nonsubstantive move to the newly created 

sub-definition at 30 TAC Section 

101.1(75)(B) (see discussion above). The 

TCEQ adopted and submitted a new 

definition for ‘‘PM2.5 Emissions’’ at 30 

TAC Section 101.1(78). The new 

definition of ‘‘PM2.5 emissions’’ is 

consistent with federal definitions at 40 

CFR 51.100(oo) and (pp) and 51.1000. 

EPA proposes to find this definition is 

approvable consistent with federal 

requirements. 

B. Analysis of the May 19, 2011 

Revisions and the Texas PSD Permitting 

Program 

EPA issued PSD and NNSR SIP 

regulations for the PM 2.5 NAAQS in 

two recent rules: (1) The NSR PM2.5

Implementation Rule promulgated on 

May 16, 2008, and (2) the PM2.5 PSD 

Increments—SILs—SMC Rule 

promulgated on October 20, 2010. TCEQ 

specifically underwent rulemaking as 

required by state law to ensure the 

Texas PSD NSR SIP addresses the 

federal PSD SIP requirements 

concerning the PM2.5 NAAQS as of 

December 9, 2013, e.g., precursors, 

condensables, and increment.4 Because 


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5EPA notes that the Texas PSD SIP definition of 

major modification references the significant 

emission rates for direct PM2.5 and its precursors 

(SO2 and NOX) as established at 40 CFR 

52.21(b)(23), and the Texas SIP does not currently 

regulate VOCs as precursors of PM2.5 for PSD 

permitting. In order for the Texas SIP to require 

PSD permitting for VOCs as PM2.5 precursors, the 

TCEQ would need to adopt and submit a separate 

SIP revision providing the State’s demonstration 

that emissions of VOCs from sources in a specific 

area are a significant contributor to that area’s 

ambient PM2.5 concentrations. See 73 FR 28321, at 

28333. 

the TCEQ’s intent in the state’s rule 

adoption is clear that the PSD NSR SIP 

is intended to address the precursors 

and condensables as per EPA’s 2008 and 

2010 PM2.5 NSR Rules, EPA finds that 

the existing Texas PSD permitting 

program is structured and updated to 

address all PSD rules for the PM2.5

NAAQS as of December 9, 2013, when 

the most recent revisions to the federal 

PSD program for PM2.5 were finalized. 

As previously noted, further state 

rulemaking would be needed if EPA 

promulgated new permitting 

components not contemplated in any 

federal rulemaking, e.g., EPA added a 

new precursor. Following is our 

evaluation of how the Texas PSD NSR 

SIP program addresses the NSR 

implementation requirements for the 

PM2.5 NAAQS. 

1. The NSR PM2.5 Implementation Rule 

a. What are the requirements of the NSR 

PM2.5 Implementation Rule for state PSD 

programs? 

EPA’s final NSR PM2.5

Implementation Rule required states to 

submit applicable SIP revisions to EPA 

no later than May 16, 2011, to address 

this Rule’s PSD and NNSR SIP 

requirements. With respect to PSD 

permitting, the SIP revision submittals 

are required to meet the following PSD 

SIP requirements to implement the 

PM2.5 NAAQS: 

(1) Require PSD permits to address 

directly emitted PM2.5 and precursor 

pollutants that contribute to the 

secondary formation of PM2.5; 

(2) establish significant emission rates 

for direct PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

nitrogen oxides (NOX)); and 

(3) account for gases that condense to 

form particles (condensables) in PM2.5

and PM10 applicability determinations 

and emission limits in PSD permits. 

b. How does the Texas PSD program 

address the requirements of the NSR 

PM2.5 Implementation Rule? 

The May 19, 2011, Texas SIP 

submittal includes revisions of the 

General Definitions in the Texas SIP, as 

further explained in section III.A of this 

proposed rulemaking. Additionally, as 

required by state law, the TCEQ, by its 

rulemaking, updated the existing PSD 

NSR SIP to be consistent with the 

federal PM2.5 NAAQS PSD requirements 

as of December 9, 2013. As explained 

below, the rulemaking record 

demonstrates that TCEQ intends for the 

revised Texas PSD rules to regulate SO2

and NOX as precursors of PM2.5 and 

appropriately account for condensable 

PM2.5 emissions. Based on the analysis 

presented below, in conjunction with 

the TCEQ’s intent as reflected in the 

rule adoption, EPA is proposing to find 

that the Texas PSD NSR SIP includes all 

of the PSD requirements of the 2008 

final NSR PM2.5 Implementation Rule 

for the following reasons: 

(1) Regulation of Direct PM2.5 and 

Precursors: The Texas SIP at 30 TAC 

Section 116.12 contains definitions 

applicable to NSR, including PSD, and 

that apply to both emissions from direct 

PM2.5 and SO2 and NOX as PM2.5

precursors in the Texas PSD program. 

The application of these definitions 

with respect to PSD major stationary 

sources and PSD major modifications 

will be discussed separately below. 

a. For purposes of PSD permitting, a 

major source is defined in the Texas SIP 

at 30 TAC Section 116.12(17) as a 

source that emits, or has the potential to 

emit a federally regulated new source 

review pollutant at levels greater than 

those identified in 40 CFR 51.166(b)(1). 

The definition of major source refers to 

the SIP-approved definition for federally 

regulated new source review pollutant 

at 30 TAC Section 116.12(14): ‘‘any 

pollutant for which a national ambient 

air quality standard has been 

promulgated and any constituents or 

precursors for such pollutants identified 

by the United States Environmental 

Protection Agency.’’ In conjunction with 

the state law requirement for a 

rulemaking action and as explained by 

TCEQ in the Texas Register preamble 

language, this SIP-approved definition 

of ‘‘federally regulated new source 

review pollutant’’ is inclusive of the 

PM2.5 precursors SO2 and NOX

identified by EPA. This is supported by 

TCEQ’s explicit explanation in the rule 

preamble as to which precursors it 

considers to be ‘‘identified’’ by EPA and 

for purposes of this definition and for 

PSD permitting: ‘‘If a new major source 

will emit, or has the potential to emit, 

a significant amount of a regulated NSR 

pollutant in an attainment area for that 

pollutant, the source must apply BACT 

for each emissions unit that emits the 

pollutant. In addition, if a physical 

change or operational change at an 

existing major source will result in a 

significant emissions increase and 

significant net emissions increase of a 

regulated NSR pollutant, the source 

must apply BACT to each proposed 

emissions unit experiencing a net 

increase in emissions of that pollutant 

as a result of the physical or operational 

change in the unit. Under the PM2.5 PSD 

program, these requirements will apply 

to direct PM2.5 emissions; SO2

emissions; NOX emissions, unless states 

demonstrate that NOX is not a 

significant contributor to ambient PM2.5

concentrations in that area; and to VOC 

if identified by a state as a precursor in 

the PM2.5 attainment area where the 

source is located.’’ (36 TexReg 2842). 

EPA therefore proposes to find that as 

clarified by the TCEQ rule adoption 

preamble, the Texas SIP’s definition of 

federally regulated NSR pollutants is 

inclusive of the PM2.5 precursors SO2

and NOX. Additionally, per the Texas 

PSD NSR SIP, when determining 

applicability of the definition of major 

source for purposes of the PSD program, 

direct emissions of PM2.5 and emissions 

of SO2 and NOX as PM2.5 precursors 

must be taken into account. 

b. The Texas SIP defines a major 

modification at 30 TAC Section 

116.12(18) as ‘‘any physical change in, 

or change in the method of operation of 

a major stationary source that causes a 

significant project emissions increase 

and a significant net emissions increase 

for any federally regulated new source 

review pollutant.’’ Like the definition of 

major source, the definition of major 

modification also relies on Texas’s 

definition of ‘‘federally regulated new 

source review pollutant’’ which, as 

explained in the previous subsection of 

this proposed rule (III.B.1.b(1)(a)), the 

Texas SIP definition of federally 

regulated new source review pollutant, 

as clarified by TCEQ’s rule preamble, 

identifies SO2 and NOX as PM2.5

precursors. The definition of major 

modification goes on to define what 

constitutes ‘‘significant project 

emissions’’ by incorporating by 

reference the federal significant 

emission rates at 40 CFR 51.166(b)(23). 

The significance thresholds at 40 CFR 

51.166(b)(23) include emission rates for 

direct PM2.5 and SO2 and NOX as PM2.5

precursors. It is therefore further clear 

that emissions of SO2 and NOX as PM2.5

precursors are applicable to the 

determination of whether a source is a 

major modification.5 The Texas SIP 

therefore requires evaluation of direct 

PM2.5 and SO2 and NOX as PM2.5

precursors as required by EPA’s NSR 

PM2.5 Implementation rule when 

determining the applicability of the 

definition of major modification. 

Therefore, EPA proposes to find the 


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TCEQ SIP’s definition of major 

modification is inclusive of SO2 and 

NOX as PM2.5 precursors. 

(2) Establish SERs: The SIP-approved 

Texas PSD program at 30 TAC Section 

116.160(a) requires new major sources 

and major modifications to comply with 

the Texas PSD permitting requirements 

at 30 TAC Sections 116.160(c)(1)–(4). As 

discussed in the analysis above at 

III.B.1.b(1) and (2), major sources and 

major modifications are defined by 

exceedances of certain levels of 

emissions, or potential emissions, of 

federally regulated new source review 

pollutants. This includes direct 

emissions of PM2.5 and emissions of SO2

and NOX as PSD precursors of PM2.5. 

EPA proposes to find the Texas PSD 

program now requires the PSD 

permitting of the identified PM2.5 PSD 

precursors SO2 and NOX for new major 

stationary sources and major 

modifications consistent with the 

requirements of the 2008 rule, based 

upon the existing PSD NSR SIP rules at 

30 TAC Sections 116.12 and 116.160— 

116.163, and the state’s rulemaking 

record. 

(3) Condensable PM10/PM2.5

Emissions: As previously mentioned, 

the May 19, 2011 SIP submission added 

a new definition of ‘‘PM2.5 emissions’’ in 

the General Definitions section at 30 

TAC Section 101.1(78). This new 

definition defines such emissions, in 

part, as ‘‘finely-divided solid or liquid 

material with an aerodynamic diameter 

less than or equal to a nominal 2.5 

micrometers emitted to the ambient air 

as measured by an applicable reference 

method, or an equivalent or alternative 

method specified in 40 Code of Federal 

Regulations Part 51.’’ The applicable 

reference method in part 51 that applies 

to the measurement of condensable 

PM2.5 emissions is Method 202. The 

definition of ‘‘PM2.5 emissions’’ as 

adopted in 30 TAC Section 101.1(78) 

therefore requires the accounting of 

condensable PM2.5 emissions as 

required by the NSR PM2.5

Implementation Rule by the definition’s 

requirement to use the applicable 

reference methods in 40 CFR Part 51 

that measure such emissions. 

Analogously, the Texas SIP defines 

‘‘PM10 emissions’’ in the General 

Definitions section at 30 TAC Section 

101.1(79). This definition defines such 

emissions, in part, as ‘‘finely-divided 

solid or liquid material with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers emitted to 

the ambient air as measured by an 

applicable reference method, or an 

equivalent or alternative method 

specified in 40 Code of Federal 

Regulations Part 51.’’ The applicable 

reference method in part 51 that applies 

to the measurement of condensable 

PM10 emissions is also Method 202. The 

definition of ‘‘PM10 emissions’’ as 

adopted in 30 TAC Section 101.1(79) 

therefore requires the accounting of 

condensable PM10 emissions as required 

by the NSR PM2.5 Implementation Rule 

by the definition’s requirement to use 

the applicable reference methods in 40 

CFR Part 51 that measure such 

emissions. As noted by TCEQ in the 

preamble of the State’s rule: ‘‘EPA 

assessed the capabilities of test methods 

available for measuring condensable 

emissions, publishing a final rule for 

methods of measuring filterable PM10

and PM2.5 and measuring condensable 

PM emissions on December 21, 2010. 

The final rule promulgates amendments 

to Methods 201A and 202. The final 

amendments to Method 201A add a 

particulate-sizing device to allow for 

sampling of particulate matter with 

mean aerodynamic diameters less than 

or equal to PM2.5. The final amendments 

to Method 202 revise the sample 

collection and recovery procedures of 

the method to reduce the formation of 

reaction artifacts that could lead to 

inaccurate measurements of 

condensable particulate matter. 

Additionally, the final amendments to 

Method 202 eliminate most of the 

hardware and analytical options in the 

existing method, thereby increasing the 

precision of the method and improving 

the consistency in the measurements 

obtained between source tests 

performed under different regulatory 

authorities. This final rule became 

effective on January 1, 2011.’’ See 36 

TexReg 2842. 

EPA proposes to find that the Texas 

Register cited above indicates that 

federal reference Methods 201A and 

202, in 40 CFR Part 51, Appendix M 

will be used by TCEQ in the 

determination of particulate matter 

emissions from stationary sources, 

including condensable particulate 

emissions. Such condensable emissions 

as measured by Method 202 would 

therefore be considered as PM10 or PM2.5

emissions as appropriate under the 

terms of the Texas SIP. As the 

definitions in 30 TAC Section 101.1 

establish the meaning and applicability 

of terms used within the entirety of the 

Texas SIP, EPA proposes to find this 

definition of PM2.5 emissions, which 

includes regulation of condensables and 

as supported by the Texas rulemaking 

record, is applicable to the Texas PSD 

NSR SIP. Furthermore, the Texas SIP at 

30 TAC Section 116.12(14) defines a 

federally regulated new source review 

pollutant to include ‘‘any pollutant for 

which a national ambient air quality 

standard has been promulgated and any 

constituents or precursors for such 

pollutants identified by the United 

States Environmental Protection 

Agency.’’ Because of the state’s 

rulemaking record, this definition is 

sufficient to encompass PSD permitting 

for condensables in PM2.5 and PM10

emission limits as a constituent of 

PM2.5. EPA therefore proposes to find 

the Texas PSD NSR SIP now adequately 

accounts for regulation of condensable 

PM10 and PM2.5 emissions in both 

applicability determinations and 

emission limitations as required by the 

2008 PM2.5 NSR rule. 

c. Litigation on the May 16, 2008 PM2.5

NSR Implementation Rule 

On January 4, 2013,the U.S. Court of 

Appeals, in Natural Resources Defense 

Council v. EPA, 706 F.3d 428 (D.C. Cir.), 

issued a judgment that remanded the 

EPA’s 2007 and 2008 rules 

implementing the 1997 PM2.5 NAAQS. 

The court ordered the EPA to 

‘‘repromulgate these rules pursuant to 

Subpart 4 consistent with this opinion.’’ 

Id. at 437. Subpart 4 of Part D, Title 1 

of the CAA establishes additional 

provisions for particulate matter 

nonattainment areas. 

The 2008 PM2.5 NSR Implementation 

Rule addressed by the court decision 

described above, promulgated NSR 

requirements for implementation of 

PM2.5 in both nonattainment areas 

(NNSR) and attainment/unclassifiable 

areas (PSD). As the requirements of 

Subpart 4 only pertain to nonattainment 

areas, the EPA does not consider the 

portions of the 2008 rule that address 

requirements for PM2.5 in attainment 

and unclassifiable areas to be affected 

by the court’s opinion. Moreover, the 

EPA does not anticipate the need to 

revise any PSD requirements 

promulgated in the 2008 NSR PM2.5

Rule in order to comply with the court’s 

decision. Accordingly, the EPA’s 

proposed approval of Texas’s SIP 

revisions with respect to the PSD 

requirements promulgated by the 2008 

NSR PM2.5 Rule does not conflict with 

the court’s opinion. 

The Court’s decision with respect to 

the NNSR requirements promulgated by 

the 2008 NSR PM2.5 Rule also does not 

affect the EPA’s action on the present 

proposed approval, as this proposed 

approval does not address any of the 

PM2.5 nonattainment NSR requirements. 

2. The PM2.5 PSD Increment—SILs— 

SMC Rule 

a. What are the requirements of the 

PM2.5 PSD Increment—SILs—SMC Rule 

for PSD SIP programs? 


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EPA finalized the PM2.5 PSD 

Increment—SILs—SMC Rule to provide 

additional regulatory requirements 

under the PSD SIP program regarding 

the implementation of the PM2.5

NAAQS. See 75 FR 64864. The PM2.5

PSD Increment—SILs—SMC Rule 

required states to submit SIP revisions 

to EPA by July 20, 2012, adopting 

provisions equivalent to or at least as 

stringent as the PSD increments and 

associated implementing regulations. 

Specifically, the SIP rule requires a 

state’s submitted PSD SIP revision to 

adopt and submit for EPA approval the 

PM2.5 increments pursuant to section 

166(a) of the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS. States were also 

required to adopt and submit for EPA 

approval revisions to the definitions for 

‘‘major source baseline date,’’ ‘‘minor 

source baseline date,’’ and ‘‘baseline 

area’’—as part of the implementing 

regulations for the PM2.5 increment. 

States could also discretionarily choose 

to adopt and submit for EPA approval 

SILs used as a screening tool to evaluate 

the impact a proposed new major source 

or major modification may have on the 

NAAQS or PSD increment, and a SMC 

(also a screening tool) to determine the 

subsequent level of data gathering 

required for a PSD permit application 

for emissions of PM2.5. More detail on 

the PM2.5 PSD Increment—SILs—SMC 

Rule can be found in EPA’s October 20, 

2010 final rule. See 75 FR 64864. 

b. How does the May 19, 2011 Texas 

SIP submittal satisfy the required 

increment component of the PM2.5

Increment—SILs—SMC Rule? 

With respect to the required 

increment component of the PM2.5

Increment—SILs—SMC Rule, as 

required by state law, the TCEQ adopted 

the required rules on April 20, 2011, 

and submitted the SIP revision to 

implement those rules on May 19, 2011. 

As the record reflects, this rulemaking 

was intended to address, in part, the 

federal regulations promulgated by 

EPA’s PM2.5 Increment—SILs—SMC 

Rule. By undergoing this rulemaking, 

the TCEQ effectuated regulation of the 

required PM2.5 increment component of 

Texas PSD permitting program on April 

20, 2011 when adopting the May 19, 

2011 SIP submission. The Texas PSD 

NSR SIP requirements at 30 TAC 

Sections 116.160(c)(1)–(4) must be met 

by proposed sources meeting the 

definitions of major source or major 

modification at 30 TAC Sections 

116.12(17) and 116.12(18), respectively. 

The Texas PSD NSR SIP at 30 TAC 

Section 116.160(c)(2)(A) currently 

incorporates the federal requirements 

for PSD increments and the associated 

implementing requirements found at 40 

CFR 52.21(b)(14), (b)(15) and (c). Once 

the TCEQ underwent rulemaking 

intended to address the EPA’s 2010 

PM2.5 PSD SIP regulations, the existing 

Texas SIP rule at 30 TAC Section 

116.160(c)(2)(A), which incorporates the 

federal requirements for PSD increments 

found at 40 CFR 52.21(c) and the 

implementing regulations defining the 

terms ‘‘major source baseline date’’ and 

‘‘minor source baseline date’’ at 40 CFR 

52.21(b)(14) and the definition for 

‘‘baseline area’’ at 40 CFR 52.21(b)(15), 

was then by state law inclusive of the 

PM2.5 PSD increment and the 

implementing regulations in the federal 

PSD regulations. EPA is therefore 

proposing to find that the Texas PSD 

NSR SIP now includes the PM2.5

increments and associated 

implementing regulations, and these 

increments and implementing 

regulations are applicable requirements 

for sources and modifications that are 

major for PM2.5 and/or the identified 

precursors of SO2 and NOX. EPA 

proposes to find that no further 

revisions to the Texas PSD NSR SIP are 

necessary to implement the federal 

PM2.5 increment requirements in Texas. 

c. How does the May 19, 2011 Texas SIP 

submittal address the optional SILs and 

SMC components of the PM2.5

Increment—SILs—SMC Rule? 

As a preliminary note, there has been 

litigation over the 2010 PM2.5

Increment—SILs—SMC Rule which 

prompted EPA to issue a rulemaking to 

address the outcome of that litigation as 

it addressed the optional SILs and SMC 

components of the Rule. On January 22, 

2013, the U.S. Court of Appeals granted 

a request from the EPA to vacate and 

remand to the EPA portions of the 

federal PSD regulations (40 CFR 

51.166(k)(2) and 52.21(k)(2)) 

establishing the SILs for PM2.5 so that 

the EPA could reconcile the 

inconsistency between the regulatory 

text and certain statements in the 

preamble to the 2010 final rule. Sierra 

Club v. EPA, 705 F.3d 458, 463–64 (D.C. 

Cir. 2013). The court declined to vacate 

the different portion of the federal PSD 

regulations (40 CFR 51.165(b)(2)) 

establishing SILs for PM2.5 that did not 

contain the same inconsistency in the 

regulatory text. Id. at 465–66. The court 

further vacated the portions of the PSD 

regulations (40 CFR 51.166(i)(5)(i)(c) 

and 52.21(i)(5)(i)(c)) establishing a PM2.5

SMC, finding that the EPA lacked legal 

authority to adopt and use the PM2.5

SMC to exempt permit applicants from 

the statutory requirement to compile 

and submit ambient monitoring data. Id. 

at 468–69. On December 9, 2013, EPA 

issued a good cause final rule formally 

removing the affected SILs and SMC 

provisions from the CFR. See 78 FR 

73698. 

With respect to the optional SILs 

component of the PM2.5 Increment— 

SILs—SMC Rule, the May 19, 2011 SIP 

submittal included a revised definition 

of ‘‘de minimis impact’’ at 30 TAC 

Section 101.1(25) to incorporate by 

reference the SILs table at 40 CFR 

51.165(b)(2), including the SILs for 

PM2.5. The Texas PSD NSR SIP program 

at 30 TAC Section 116.161 identifies the 

required demonstrations for PSD 

applicability and the SIP-approved PSD 

program’s interaction with the 30 TAC 

Section 101.1(25) ‘‘de minimis impact’’ 

revised definition: ‘‘The commission 

may not issue a permit to any new major 

stationary source or major modification 

located in an area designated as 

attainment or unclassifiable, for any 

NAAQS if ambient air impacts from the 

proposed source would cause or 

contribute to a violation of any NAAQS. 

In order to obtain a permit, the source 

must reduce the impact of its emissions 

upon air quality by obtaining sufficient 

emission reductions to eliminate the 

predicted exceedances of the NAAQS. A 

major source or major modification will 

be considered to cause or contribute to 

a violation of a NAAQS when the 

emissions from such source or 

modification, would at a minimum, 

exceed the de minimis impact levels 

specified in § 101.1 of this title (relating 

to Definitions) at any locality that is 

designated as nonattainment or is 

predicted to be nonattainment for the 

applicable standard.’’ (Emphasis 

added.) This definition is analogous to 

the regulatory text in the federal 

regulations at 40 CFR 51.165(b)(2). 

The principle laid out in this 

provision is that a new or modified 

source may not obtain a permit if it will 

cause or contribute to the violation of a 

NAAQS. Such source must reduce the 

impact of its emissions in order to 

obtain a permit. Per the definition of 

‘‘de minimis impact,’’ a source is 

considered to cause or contribute to 

nonattainment air quality, ‘‘at a 

minimum’’ when the impact exceeds 

the de minimis impact levels. Thus, the 

language of the provision does not 

constrain TCEQ’s discretion to 

determine that a source causes or 

contributes to a violation of the NAAQS 

even when the impact is below the de 

minimis impact levels. 

EPA is proposing to find the SIP rule 

at 30 TAC Section 116.161 and its crossreference to the revised definition of ‘‘de 

minimis impact’’ to be consistent with 

EPA’s interpretation of the SILs 

established at 40 CFR 51.165(b)(2). The 


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6The current SIP provides a threshold for 

inhalable particulate matter (PM10) at 25 tpy. In this 

revision, the indicator for inhalable particulate 

matter was changed from PM10 to PM. The 

threshold for PM is 25 tpy, which is identical to the 

significant emission rate for particulate matter (PM) 

(or ‘‘Total Suspended Particulates’’ (TSP)) at 40 CFR 

51.165(a)(1)(x)(A) and 51.166(b)(23)(i). As 

documented at 45 FR 52676, at 52707 (August 7, 

1980), the significant emission rate of PM was 

established at a level that is no greater than 4 

percent of the 24-hour primary standard for PM. 

7The current SIP does not provide an explicit 

threshold for PM2.5, but provides a catch all 

threshold of 25 tpy for pollutants not specifically 

listed in 30 TAC 106.4(a)(1). 

8The PM2.5 significant level was based upon 

annual average because the annual average is the 

controlling standard for the PM2.5 NAAQS. 70 FR 

65984, at 65098. 

court in Sierra Club acknowledged that 

the regulatory language at 40 CFR 

51.165(b)(2) does not restrict a 

permitting authority’s discretion to 

require a more comprehensive showing 

that the source does not cause or 

contribute to a NAAQS violation even 

where the impact is below the SIL. , 705 

F.3d at 465. By extension, EPA finds 

that the revised definition of ‘‘de 

minimis impact’’ at 30 TAC Section 

101.1(25), as submitted for approval into 

the Texas SIP, would also not restrict 

the TCEQ’s discretion to require a more 

comprehensive analysis as described 

above. Therefore, EPA proposes to find 

the May 19, 2011 submitted revisions to 

the definition of ‘‘de minimis impact’’ at 

30 TAC Section 101.1(25) are 

approvable. 

Furthermore, with respect to both the 

optional SILs and SMC components of 

the PM2.5 Increment—SILs—SMC Rule, 

as previously discussed the court in 

Sierra Club v. EPA vacated certain 

portions of the federal PSD regulations 

addressing PM2.5 SILs and SMC. On 

December 9, 2013, EPA issued a good 

cause final rule removing the affected 

provisions from the CFR. See 78 FR 

73698. As explained throughout this 

notice, the TCEQ effectuated regulation 

of emissions of PM2.5 through the Texas 

PSD NSR SIP in the May 19, 2011 SIP 

submission, thereby updating the 

existing Texas SIP to be consistent with 

the federal PM2.5 PSD requirements in 

the PM2.5 NSR Implementation Rule and 

the PM2.5 Increment—SILs—SMC Rule. 

The existing Texas PSD SIP at 30 TAC 

Section 116.160(c)(2)(A) incorporates 

the federal provisions 40 CFR 

52.21(i)(5)(i)(c) and 52.21(k)(2). Because 

the TCEQ’s rulemaking updated the PSD 

NSR SIP to incorporate the permitting 

components of the PM2.5 Increment— 

SILs—SMC Rule, the existing Texas PSD 

permitting program is also intended to 

be consistent with and incorporate any 

future revised federal regulations in 

support of the rule. As a result of EPA’s 

good cause final rulemaking discussed 

above, the federal requirements for 

PM2.5 PSD regulation no longer include 

the PM2.5 SMC and SIL provisions at 40 

CFR 52.21(i)(5)(i)(c) and 52.21(k)(2), 

respectively, that were promulgated in 

the PM2.5 Increment—SILs—SMC Rule. 

The existing Texas PSD permitting 

program as structured in turn no longer 

includes these same PM2.5 SMC and SIL 

provisions. 

Therefore, EPA proposes to find the 

SIP-approved Texas PSD program is 

consistent with the federal requirements 

because the Texas program no longer 

includes the PM2.5 SMC and SIL 

provisions contained at 40 CFR 

52.21(i)(5)(i)(c) and 52.21(k)(2). 

C. Analysis of the May 19, 2011 

Revisions to the Texas Minor NSR 

Permitting Programs 

The promulgation of the 1997 and 

2006 PM2.5 NAAQS established the 

basic requirement to protect human 

health and public welfare from 

emissions of PM2.5. As discussed in 

section II.B. of today’s rulemaking, EPA 

promulgated specific revisions to major 

source permitting programs to 

implement the new NAAQS 

requirements through the 2008 NSR 

PM2.5 Implementation Rule and 2010 

PM2.5 Increment—SILs—SMC Rule. EPA 

has not promulgated separate revisions 

to the Minor NSR requirements to 

implement the PM2.5 NAAQS, however, 

section 110(a)(2)(C) and EPA’s 

regulations at 40 CFR 51.160–164 

require that a State’s Minor NSR 

program address all promulgated 

NAAQS. As of the effective date of the 

1997 and 2006 PM2.5 NAAQS, the 

TCEQ’s Minor NSR SIP required a 

preconstruction permit for any new 

construction or modification of these 

emissions. 

The Texas Minor NSR Permitting 

Program includes several options for 

minor permit authorizations—including 

case-by case minor permits and 

amendments, permit alterations, 

standard permits, and permits by rule. 

The TCEQ did not need to make any 

revisions to the SIP-approved Minor 

NSR permitting program at 30 TAC 

Chapter 116 to meet federal 

requirements for the PM2.5 NAAQS. In 

its May 19, 2011 SIP submission, 

however, the TCEQ submitted revisions 

to its PBR SIP rules. 

The Texas PBR program is a SIPapproved Minor NSR permitting option 

at 30 TAC Chapter 106. EPA approved 

Texas’s regulations for PBR on 

November 14, 2003 (68 FR 64543). As 

described in further detail in that 

Federal Register notice, a PBR is a 

Minor NSR permit which is adopted 

under 30 TAC Chapter 106 (see 68 FR 

64543, at 68454–68455). The Texas PBR 

Minor NSR program provides an 

alternative process for approving the 

construction of certain new and 

modified facilities or changes within 

facilities which TCEQ has determined 

will not make a significant contribution 

of air contaminants to the atmosphere. 

These rules provide a streamlined 

mechanism for approving the 

construction of certain facilities which 

would otherwise be required to apply 

for and receive a case-by-case Minor 

NSR permit before commencing 

construction or modification. Under the 

Texas SIP a PBR is limited by 

parameters to ensure its appropriate use 

as a Minor NSR permit in compliance 

with the Minor NSR requirements of the 

Texas SIP and 40 CFR Part 51. 

The revisions submitted May 19, 

2011, lower existing SIP thresholds for 

PM10 and PM2.5 to match them with 

EPA’s significant emission rates, 

therefore making the SIP more stringent 

and also ensuring that a PBR for 

emissions of these pollutants will not 

cause or contribute to a violation of the 

two NAAQS and meet the Minor NSR 

SIP requirements. This is supported by 

the following: 

(1) The maximum emission level 

authorized for PM10 is established at 15 

tpy which is the same as the significant 

emission rate (SER) for that pollutant in 

Major NSR under 40 CFR 

51.165(a)(1)(x)(A) and 51.166(b)(23)(i). 

As discussed at 70 FR 65984, at 65098 

(November 1, 2005), EPA set the PM10

SER at 15 tpy because the ambient 

impact of PM10 at this level is about 4 

percent of the 24-hour PM10 NAAQS. 

This is less than the current SIP level for 

inhalable particulate matter (PM10) at 25 

tpy.6

(2) In the existing SIP, the maximum 

emission level authorized for PM2.5 is 25 

tpy.7 The revised maximum emission 

level authorized for PM2.5 through the 

May 19, 2011 SIP submission is 

established at 10 tpy which is the same 

as the SER for that pollutant in Major 

NSR under 40 CFR 51.165(a)(1)(x)(A) 

and 51.166(b)(23)(i). As discussed at 70 

FR 65984, at 65098 (November 1, 2005), 

EPA set the PM2.5 SER at 10 tpy at 

which its ambient impact is about 4 

percent of the annual PM2.5 NAAQS.8

(3) EPA established the significant 

emission rates for PM10 and PM2.5 at 40 

CFR 51.165(a)(1)(x)(A) and 

51.166(b)(23)(i) as the basis for 

determining applicability under the 

Major NSR Programs, based upon 

modeled impacts which demonstrate 

that emissions at or below the 

significant level is less than 4 percent of 

the applicable NAAQS. This level of 


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impact would also apply to emissions 

from any source, including changes at 

both major and minor sources. As it 

applies to Minor NSR (which includes 

the Texas PBR Program), any emissions 

of PM10 and PM2.5 that are equal to or 

less than 15 and 10 tpy, respectively, are 

anticipated to have an air quality impact 

that is less than 4 percent of the 

NAAQS. 

(4) Accordingly, we would expect that 

the emissions of PM10 and PM2.5 below 

maximum emission levels established in 

the Texas PBR Program will only result 

in small impacts on the ambient air 

quality (less than 4 percent of the 

NAAQS for PM10 and PM2.5) and would 

not cause or contribute to violations of 

the NAAQS. 

In sum, the PM2.5 thresholds adopted 

for the PBR program are both more 

stringent than the existing SIP’s 

thresholds, and are equivalent to the 

federal SERs, which are rates of 

emissions EPA found to be less than 

significant. EPA therefore finds 

adoption of these thresholds for PM2.5 in 

the Minor NSR PBR program to 

analogously be less than significant, and 

not violate the federal Minor NSR 

requirements. Furthermore, there is no 

data demonstrating that emissions 

below these thresholds will not meet the 

federal Minor NSR requirements. 

Additionally, there are currently no 

areas in the state of Texas designated 

nonattainment for either the 1997 or 

2006 PM2.5 NAAQS. EPA therefore 

proposes to find that, as discussed 

above, the submitted PBR thresholds for 

PM10 and PM2.5 will not interfere with 

attainment and maintenance of a 

NAAQS for these pollutants, will not 

violate applicable requirements of the 

control strategy, will not interfere with 

reasonable further progress, and will not 

interfere with any applicable 

requirement of the Act. Accordingly, the 

submitted PBR thresholds for PM10 and 

PM2.5 meet the requirements of the Act 

at 110(a)(2)(A) and (C) and 110(l) and 

also meet the requirements of 40 CFR 

51.160(a). Therefore, EPA is proposing 

to find that the Texas Minor NSR SIP for 

PBRs, as revised, meets the permitting 

requirements for the 1997 and 2006 

PM2.5 NAAQS. 

IV. Proposed Action 

EPA proposes to approve the 

revisions to the Texas SIP at 30 TAC 

Sections 101.1 and 106.4 submitted on 

May 19, 2011 for the implementation of 

the 1997 and 2006 PM2.5 NAAQS. EPA 

has made the preliminary determination 

that the May 19, 2011 revisions to 30 

TAC Sections 101.1 and 106.4 are 

approvable because they are adopted 

and submitted in accordance with the 

CAA and EPA regulations regarding 

implementation of the PM2.5 NAAQS. 

Therefore, under section 110 and part C 

of the Act and for the reasons stated 

above, EPA proposes to approve the 

following revisions to the Texas SIP: 

• Substantive revisions to the 

definition of ‘‘de minimis impact’’ at 30 

TAC Section 101.1(25), 

• Substantive revisions to the 

definition of ‘‘particulate matter’’ at 30 

TAC Section 101.1(75), 

• Substantive revisions to the 

definition of ‘‘particulate matter 

emissions’’ at 30 TAC Section 101.1(76), 

• Substantive revisions to the 

definition of ‘‘PM2.5 emissions’’ at 30 

TAC Section 101.1(78), 

• Substantive revisions to the 

requirements for permits by rule at 30 

TAC Sections 106.4(a)(1) and, (a)(4), and 

• Non-substantive revisions to the 

requirements for permits by rule at 30 

TAC Sections 106.4(a)(2) and (c) to 

correct for formatting and grammar. 

EPA is also proposing to find that the 

Texas PSD NSR SIP meets the PM2.5

PSD requirements contained in the 

federal regulations as of December 9, 

2013, including regulation of NOX and 

SO2 as PM2.5 PSD precursors, regulation 

of condensables, and PM2.5 increments. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Clean Air Act and applicable Federal 

regulations. 42 U.S.C. 7410(k); 40 CFR 

52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen Oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 3, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–03322 Filed 2–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0794; FRL–9906–66– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Stage II Requirements for the Hertz 

Corporation Facility at Cincinnati/

Northern Kentucky International 

Airport in Boone County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


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