Supplement to the Technical Support Document

Revisions to Texas New Source Review State Implementation Plan 

Related to the Standard Permit for Installation and/or Modification of 

Oil and Gas Facilities and Standard Permit Applicability

30 TAC Chapter 116, Subchapter F, Section 610, Paragraphs (a) and (b), 

Section 617, Paragraph (3), and Section 620

(30 TAC Sections 116.610(a) and (b), 116.617(3), and 116.620)

Revisions submitted on September 20, 1995; April 19, 1996; July 22, 

1998; September 11, 2000; February 1, 2006; and March 11, 2011

January 29, 2014

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas, 75202-

2733, (214) 665-2115
EPA proposed approval of the Standard Permit for Oil and Gas Facilities on December 24, 2013. 

See 78 FR 77621. Our proposed approval, the technical support document, and comments 

received for this action are available in the electronic rulemaking docket EPA-R06-OAR-2011-

0528.

EPA provided a 30-day comment period on our proposed rulemaking, ending on January 23, 

2014. We received two comment letters, generally supportive of our proposed rulemaking. Our 

final approval notice provides responses to the comments from the Texas Pipeline Association. 

The comments received from the Texas Commission on Environmental Quality (TCEQ) 

prompted us to review our proposed approval and clarify statements made in our analysis.

The TCEQ provided further information about the public notice process used for the Standard 

Permit for Oil and Gas Facilities at 30 TAC Section 116.620. The TCEQ noted that “the 

commission adopts standard permits in an open meeting, for which notice is posted at least seven 

days in advance and which provides an additional opportunity for public comment on the 

standard permit.”

In our proposed rulemaking, EPA proposed to find that the SIP-approved public participation 

requirements at 30 TAC Section 116.603 are applicable to the Oil and Gas Standard Permit at 30 

TAC Section 116.620. This statement was in error. 30 TAC Section 116.603 is the public notice 

process used for the development of a non-rule Standard Permit (such as the Non-Rule Oil and 

Gas Standard Permit for the Barnett Shale) and is similar to, but separate from the public notice 

process used in the development of the Standard Permits that are adopted by rule (such as the Oil 

and Gas Standard Permit at 30 TAC 116.620). 

For the Oil and Gas Standard permit at 30 TAC Section 116.620, the Standard permit was 

developed and public noticed using the statutory requirements at Texas Government Code, 

Chapter 2001, Subchapter B, as authorized by the Texas Clean Air Act, Chapter 382 of the Texas 

Health and Safety Code. These provisions require public notice of the proposed Standard Permit 

in the Texas Register; a 30-day comment period on the proposed Standard Permit; and that the 

TCEQ adopts rule standard permits in a public meeting, which provides an additional 

opportunity for public comment. Our analysis of the SIP submittals in the proposal and TSD 

demonstrated that the TCEQ followed all necessary procedural requirements for the development 

of a SIP revision as specified in 40 CFR 51.102 and 51.104, including public notice requirements 

such as providing a 30-day comment period and holding a public hearing. This process is 

consistent with the Minor NSR requirements for public notice at 40 CFR 51.161. We find that 

the public participation process that TCEQ used for the Oil and Gas Standard Permit as currently 

submitted meets the Minor NSR requirements at 40 CFR 51.161.