TECHNICAL SUPPORT DOCUMENT

REVISIONS TO THE STATE IMPLEMENTATION PLAN

STATE OF TEXAS

REVISIONS TO 

30 TAC CHAPTER 116

CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR 

MODIFICATION

SUBMITTED

JULY 31, 2002 - GRANDFATHERED FACILITIES

SEPTEMBER 4, 2002 – GRANDFATHERED FACILITIES AND DOCKSIDE VESSEL 

EMISSIONS

MARCH 1, 2004 – GRANDFATHERED PIPELINE FACILITY ENGINES

Prepared by:

Rick Barrett

Original draft by Stanley M. Spruiell, Ret.

Air Permits Section (6PD-R)

U. S. Environmental Protection Agency, Region 6

Telephone: (214) 665-7227

E-Mail: barrett.richard@epa.gov
Outline

Abstract

I. Introduction 

II. What are the SIP submittals that EPA is reviewing in this document? 

III. What Sections is EPA reviewing in this document? 

IV. EPA’s Evaluation 

V. Recommendation 

List of Tables

Table 1. SIP Submittals under review in this TSD. 

Table 2. Sections of 30 TAC Chapter 116 reviewed in this document. 

Appendix

I. Abstract

II. Important Notes

III. Annotation Procedure

Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification.

Subchapter H - Permits for Grandfathered Facilities.

Division 1 - General Applicability.

§116.770 - Requirement to Apply. 

§116.771 - Implementation Schedule for Additional Controls. 

§116.772 - Notice of Shutdown. 

Division 2 - Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility

 Permits.

§116.774 - Eligibility for Small Business Stationary Source Permits. 

§116.775 - Eligibility for Pipeline Facilities Permits.

§116.777 - Eligibility for Existing Facility Permits.

§116.778 - Additional Requirements for Applications for Small Business Stationary Source Permits, 

 Pipeline Facilities Permits, or Existing Facility Permits.

§116.779 - Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, 

 or Existing Facility Permits.

§116.780 - Public Participation for Initial Issuance of Pipeline Facilities Permits and Existing Facility 

 Permits.

§116.781 - Notice and Comment Hearings for Initial Issuance of Pipeline Facilities Permits and Existing 

 Facility Permits.

§116.783 - Notice of Final Action on Pipeline Facilities Permit Applications and Existing Facility Permit 

 Applications.

§116.785 - Permit Fee.

§116.786 - General and Special Conditions.

§116.787 - Amendments and Alterations of Permits Issued Under this Division.

§116.788 - Renewal of Permits Issued Under this Division.

§116.790 - Delegation.

Subchapter I - Electric Generating Facility Permits.

§116.919 - Additional Requirements for Grandfathered Electric Generating Facilities Permit Applications 

 
TECHNICAL SUPPORT DOCUMENT 

EVALUATION AND ANALYSIS

Throughout this document “we,” “us,” or “our” means the Environmental Protection Agency (EPA)

Abstract

This is a review and evaluation of regulations that Texas submitted to EPA on July 31, 2002; September 4, 

2002; and March 1, 2004. This evaluation essentially covers new and amended sections submitted by Texas. The 

March 1, 2004, package contains revisions to earlier regulations that Texas had submitted on July 31, 2002. 

I. Introduction

This Technical Support Document (TSD) is EPA’s evaluation of revisions of the following Chapter under 

Title 30 Texas Administrative Code (30 TAC):

Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification

We are reviewing the following revisions that the Texas Commission on Environmental Quality (TCEQ) submitted 

to EPA for approval as revisions to the Texas State Implementation Plan (SIP):

· Submitted July 31, 2002: House Bill 2912: Grandfathered Facilities.

· Submitted September 4, 2002: House Bill 3040: Grandfathered Facilities and Dockside Vessel Emissions.

· Submitted March 1, 2004: House Bill 638: Grandfathered Pipeline Facility Engines

II. What are the SIP submittals that EPA is reviewing in this document?

In this document, we are reviewing SIP revisions that Texas submitted to EPA on July 31, 2002; September 

4, 2002 and March 1, 2004. Table 1 summarizes the contents of these SIP submittals and identifies the sections of 

Chapter 116 that were submitted and reviewed in this TSD.

Table 1. SIP Submittals Under Review in this TSD.

TCEQ Rule Log Number 

and Title of Submittal

Submitte

d to EPA

Date 

Adopted

Sections Reviewed in this TSD

Log No. 2001-076-116-AI

Grandfathered Facilities

07/31/02 05/22/02 Chapter 116: §§116.770, 116.771, 116.772, 116.774, 

116.775, 116.777, 116.779, 116.780, 116.781, 

116.783, 116.785, 116.786, 116.787, 116.788, 

116.790 

Log No. 2001-043-116-AI

Grandfathered

Facilities and Dockside

Vessel Emissions.

09/04/02 08/22/02 Chapter 116: §§116.778 and 116.919

Log No. 2003-043-116-AI

Grandfathered Pipeline 

Facility Engines

03/01/04 01/28/04 Chapter 116: §§116.770 and 116.772

III. What Sections is EPA reviewing in this document?

In this TSD, we are reviewing the new and revised sections of 30 TAC Chapter 116. The sections we are 

reviewing are identified in Table 2. This table is a summary to broadly identify the new and revised sections that are 
being reviewed. This table contains no evaluation of the basis whether we consider these sections approvable. 

Appendix A of this TSD contains an annotation of the submitted regulations which includes the provisions that we 

are reviewing and our preliminary basis for how each section meets, or does not meet, our requirements for SIP 

approval. Additional evaluation is included in Section IV of this TSD.

Table 2. Sections of 30 TAC Chapter 116 Reviewed in this Document.

Section Title Submitted 

to EPA

Adopted 

by State

Effective 

date of 

State 

Rule

Comments

Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification.

Subchapter H - Permits for Grandfathered Facilities.

Division 1 - General Applicability.

§116.770 Requirement to Apply. 07/31/02 05/22/02 06/12/02  Initial Adoption

03/01/04 01/28/04 02/19/04  Designated existing text to 

¶(a)

 NEW ¶¶(b)-(c)

§116.771 Implementation Schedule for 

Additional Controls

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.772 Notice of Shutdown. 07/31/02 05/22/02 06/12/02  Initial Adoption

03/01/04 01/28/04 02/19/04  REV ¶(a) - intro ¶

 REV ¶(b)

Division 2 - Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits.

§116.774 Eligibility for Small 

Business Stationary Source 

Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.775 Eligibility for Pipeline 

Facilities Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.777 Eligibility for Existing 

Facility Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.778 Additional Requirements for 

Applications for Small 

Business Stationary Source 

Permits, Pipeline Facilities 

Permits, or Existing Facility 

Permits.

09/04/02 08/21/02 09/04/02  Initial Adoption
Section Title Submitted 

to EPA

Adopted 

by State

Effective 

date of 

State 

Rule

Comments

§116.779 Applications for Small 

Business Stationary Source 

Permits, Pipeline Facilities 

Permits, or Existing Facility 

Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.780 Public Participation for 

Initial Issuance of Pipeline 

Facilities Permits and 

Existing Facility Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.781 Notice and Comment 

Hearings for Initial Issuance 

of Pipeline Facilities Permits 

and Existing Facility 

Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.783 Notice of Final Action on 

Pipeline Facilities Permit 

Applications and Existing 

Facility Permit Applications.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.785 Permit Fee. 07/31/02 05/22/02 06/12/02  Initial Adoption

§116.786 General and Special 

Conditions.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.787 Amendments and Alterations 

of Permits Issued Under this 

Division.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.788 Renewal of Permits Issued 

Under this Division.

07/31/02 05/22/02 06/12/02  Initial Adoption

§116.790 Delegation. 07/31/02 05/22/02 06/12/02  Initial Adoption

Division 3 - Existing Facility Flexible Permits.

§116.793 Eligibility for Existing 

Facility Flexible Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.794 Existing Facility Flexible 

Permit Application.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.795 Public Participation for Initial 

Issuance of Existing Facility 

Flexible Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action
Section Title Submitted 

to EPA

Adopted 

by State

Effective 

date of 

State 

Rule

Comments

§116.796 Notice and Comment 

Hearings for Initial Issuance 

of Existing Facility Flexible 

Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.797 Notice of Final Action on 

Existing Facility Flexible 

Permit Applications.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.798 Permit Fee. 07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.799 General and Special 

Conditions.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.800 Emission Caps and Individual 

Emission Limitations.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.801 Implementation Schedule for 

Additional Controls.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.802 Significant Emission Increase. 07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.804 Limitation on Physical and 

Operational Changes.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.805 Amendments and Alterations 

for Existing Facility Flexible 

Permits.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.806 Existing Facility Flexible 

Permit Renewal.

07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

§116.807 Delegation. 07/31/02 05/22/02 06/12/02  Initial Adoption

 Future Action

Subchapter I - Electric Generating Facility Permits.

§116.919 Additional Requirements for 

Grandfathered Electric 

Generating Facility Permit 

Applications.

09/04/02 08/21/02 09/04/02  Initial Adoption
IV. EPA’s Evaluation

The purpose of this TSD is to present a preliminary assessment of the regulations that Texas submitted on 

July 31, 2002, and March 1, 2004. As is shown in this TSD and in the annotation of the regulations in Appendix A 

to this TSD, the submitted regulations include revisions to earlier versions that Texas submitted to EPA. 

Specifically, the March 1, 2004 submittal includes revisions to the following sections which were initially submitted 

July 31, 2002:

 §116.770 submitted 07/31/02 and

 §116.772 submitted 07/31/02

V. Recommendation

Approve submittals dated July 31, 2002; September 4, 2002; March 1, 2004.
APPENDIX

TECHNICAL SUPPORT DOCUMENT

ANNOTATION OF CHAPTER 116

REVISIONS SUBMITTED JULY 31, 2002 AND MARCH 1, 2004

I. Abstract

This is an annotation and evaluation of revisions that the Texas Commission on Environmental Quality 

(TCEQ) has made to the following chapters in 30 Texas Administrative Code (TAC):

30 TAC 116, submitted July 31, 2002; September 4, 2002; and March 1, 2004. 

This document is not intended to replace any prior annotation of Chapter 116, nor to replace the current 

State Implementation Plan as documented in EPA’s SIPMAP. This document only makes comparisons for the 

revisions to Chapter 116 that Texas submitted to the EPA as shown below:

II. Important Notes

 * This document was prepared to support the approval of Texas’ revisions to the above-described regulations.

 * This is not an official EPA document or opinion.

 * You must understand the "ANNOTATION PROCEDURE" as described below in order to understand this 

annotation.

III. Annotation Procedure

This document annotates and evaluates revisions to Chapter 116 as submitted July 31, 2002; September 4, 

2002; and March 1, 2004. 

 

For the annotation of Chapter 116, we have included immediately below the title information identifying 

the version of each section under these chapters that we are reviewing. This information includes the date of 

adoption by the TCEQ and the date that the regulation became effective as a state rule. Please note that this is not 

the effective date of EPA’s approval. This information identifies the version of the rule that EPA is approving.

The regulatory text of each section under Chapter 116 is preceded by a history table which identifies prior 

actions taken by the TCEQ and EPA. The table identifies the date TCEQ adopted the rule, the date the revisions 

were submitted to EPA, the date of EPA’s approval (if applicable), the Federal Register (FR) citation of EPA’s 

approval (if applicable), and any comments. The cells which identify previously approved submittals are shaded.

The history table is followed by an annotation/evaluation table. The annotation/ evaluation table consists to 

two columns as follows: (1) text of the submitted rule that is annotated and reviewed (with underline and strikeout 

indicators to indicate how the previously approved provision is changed in this revision); and (2) EPA’s evaluation 

of the provision.

This annotation includes the text as adopted by Texas and submitted to EPA for approval. The annotation 

procedure for the left column is as follows:

Description Cell 

Shading

Text Attributes

Current EPA-approved text which has not been 

changed in any subsequent SIP revision submitted 

 20%  SIP-approved text - Bold
Description Cell 

Shading

Text Attributes

to EPA.

NOTE: This applies to a complete Section, 

Paragraph, Subparagraph, etc. which is unchanged 

in the submittal.

The State has previously submitted a Section, 

Paragraph, Subparagraph, etc. 6PD-R has 

reviewed the Section, Paragraph, or Subparagraph 

and forwarded its evaluation to the Office of 

Regional Counsel for review and comment 

 5%  Previous SIP-approved text - bold

 Revisions

 _ New text 

 · 1st revision - underlined.

 · 2nd revision - double underlined

The State has submitted a Section, Paragraph, 

Subparagraph, etc. 6PD-R has reviewed these 

provisions. 

 0%  Previous SIP-approved text - bold

 Revisions

 _New text · underlined.

 1st revision - double underlined

The right-hand column documents the history of the regulatory text in the immediate left-hand column, and 

includes the following:

 The date of EPA approval of text that is currently approved; 

 The date the State submitted revisions that are being reviewed for this action; and

 EPA’s evaluation and analysis of why the regulatory changes are or are not approvable.
CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW

CONSTRUCTION OR MODIFICATION

SUBCHAPTER H - PERMITS FOR GRANDFATHERED FACILITIES

§116.770. Requirement to Apply.

· Annotation of revisions adopted by TCEQ January 28, 2004; effective February 19, 2004.

History of §116.770.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/22/02 07/31/02 Initial Adoption

01/28/04 03/01/04  Designated existing text to ¶(a)

 NEW ¶¶(b)-(c)

Evaluation of §116.770

Status Revised Rules Comments/Evaluation

§116.770. Requirement to Apply. NEW: Section Title; SUBMITTED 07/31/021

(a) The owner or operator of a grandfathered facility 

must apply for a permit to operate that facility under this 

chapter, qualify for a permit by rule under Chapter 106 of this 

title (relating to Permits by Rule), or submit a notice of 

shutdown before September 1, 2003 for facilities located in the 

East Texas region as defined in §101.330 of this title (relating to 

Definitions), and before September 1, 2004 for facilities located 

in the West Texas region as defined in §101.330 of this title or 

El Paso County.

NEW: SUBMITTED 07/31/02

- Underlined

REV: SUBMITTED 03/01/04

- Double underlined

Meets §51.163

(b) A reciprocating internal combustion engine that is 

subject to the requirement to obtain a pipeline facilities permit 

and to a mass emissions cap as established by commission rule 

is considered permitted with respect to all air contaminants if 

the facility is:

(1) located in an area designated as a 

nonattainment area for an ozone national ambient standard; and

(2) achieving compliance with all state and 

federal requirements designated for that area by June 20, 2003.

NEW ¶: SUBMITTED 03/01/04

- Double underlined

Meets §51.163

(c) The owner or operator of a reciprocating internal 

combustion engine that is considered permitted under 

subsection (b) of this section must submit a registration to the 

commission on or before July 1, 2004, which must include 

Form PI-1G, Grandfathered Facility Permit Application.

NEW ¶: SUBMITTED 03/01/04

- Double underlined

Meets §51.163

 1

This is a new Section submitted 07/31/02 with revisions submitted 03/01/04. 
§116.771. Implementation Schedule for Additional Controls.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.771.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.771

Status Revised Rules Comments/Evaluation

§116.771. Implementation Schedule for Additional Controls. SUBMITTED 07/31/02

(a) If the installation of additional controls is required 

for a grandfathered facility to meet an emission limit for a 

pollutant, the permit shall specify an implementation schedule 

for such additional controls. Any such schedule shall require 

installation and operation of controls before March 1, 2007 for 

facilities located in the East Texas region as defined in 

§101.330 of this title (relating to Definitions) or before March 

1, 2008 for facilities located in the West Texas region as 

defined in §101.330 of this title or El Paso County.

NEW - SUBMITTED 07/31/02

- Underlined

Meets §51.163

(b) The owner or operator of a grandfathered facility 

that does not obtain a permit within 12 months of receipt by the 

commission of an administratively complete application for a 

permit may petition the commission for an extension of the time 

period for the installation of controls under subsection (a) of 

this section. The commission may grant not more than one 

extension for a facility, for an additional period of not more 

than 12 months, if the commission finds good cause for the 

extension.

SUBMITTED 07/31/02

- Underlined

Meets §51.163
§116.772. Notice of Shutdown.

· Annotation of revisions adopted by TCEQ January 28, 2004; effective February 19, 2004.

History of §116.772.

Status Date Adopted by 

TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

01/28/04 03/01/04  REV ¶(a) - intro ¶

 REV ¶(b)

Evaluation of §116.772

Status Revised Rules Comments/Evaluation

§116.772. Notice of Shutdown. SUBMITTED 07/31/022

(a) The owner or operator of a grandfathered facility 

who chooses to shut the facility down rather than obtain a 

permit under this chapter or qualify for a permit by rule under 

Chapter 106 of this title (relating to Permits by Rule), shall 

notify the executive director in writing by completing Form PI1GSD, Notice of Shutdown, prior to the deadlines specified in 

§116.770(a) or §116.774 of this title (relating to Requirement to 

Apply; and Eligibility for Small Business Stationary Source 

Permits). The owner or operator of a grandfathered facility who 

submits a Form PI-1GSD, Notice of Shutdown, prior to the 

deadlines specified in §116.770(a) or §116.774 of this title shall 

cease emitting air contaminants by:

(1) March 1, 2007, if the facility is not 

eligible for a small business stationary source permit and is 

located in the East Texas region as defined in §101.330 of this 

title (relating to Definitions); or

(2) March 1, 2008, if the facility is eligible 

for a small business stationary source permit or is located in the 

West Texas region as defined in §101.330 of this title or El 

Paso County.

NEW: SUBMITTED 07/31/02

- Underlined

REV: SUBMITTED 03/01/04

- Double underlined

Meets §51.163

(b) The owner or operator of a grandfathered facility 

who applies for a permit prior to the deadlines specified in 

§116.770(a) or §116.774 of this title, but prior to permit 

issuance, decides to shut the facility down must submit a Form 

PI-1GSD, Notice of Shutdown, prior to withdrawal of the 

permit application and must cease emitting air contaminants by 

the date specified in subsection (a)(1) or (2) of this section.

NEW: SUBMITTED 07/31/02

- Underlined

REV: SUBMITTED 03/01/04

- Double underlined

Meets §51.163

(c) The owner or operator of a facility that has been 

shut down and for which a Notice of Shutdown has been 

submitted must obtain the proper authorization under this 

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

 2

This is a new Section submitted 07/31/02 with revisions submitted 03/01/04. 
Evaluation of §116.772

Status Revised Rules Comments/Evaluation

chapter or Chapter 106 of this title prior to operating the 

facility.

(d) The Notice of Shutdown shall include, as a 

minimum, an identification of the facility to be shut down, the 

date the owner or operator intends to cease operating the 

facility, and an inventory of the type and amount of emissions 

that will be eliminated when the facility ceases to operate.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163
§116.774. Eligibility for Small Business Stationary Source Permits.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.774.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.774

Status Revised Rules Comments/Evaluation

§116.774. Eligibility for Small Business Stationary Source 

Permits.

SUBMITTED 07/31/023

(a) The owner or operator of a grandfathered facility 

located at a small business stationary source, as defined in 

TCAA, §382.0365(h), and which is not required to report to the 

commission under TCAA, §382.014 may apply for a small 

business stationary source permit before September 1, 2004.

SUBMITTED 07/31/02

- Underlined

Meets §51.163

(b) The deadlines contained in §116.770 of this title 

(relating to Requirement to Apply) and §116.771 of this title 

(relating to Implementation Schedule for Additional Controls) 

do not apply to facilities eligible to apply for a small business 

stationary source permit. Any grandfathered facility, including 

any facility for which the owner or operator has submitted a 

notice of shutdown under §116.772 of this title (relating to 

Notice of Shutdown), located at a small business stationary 

source may not emit air contaminants on or after March 1, 2008, 

unless the facility is permitted, or has a permit application 

pending under this chapter, or has a registration or pending 

registration for a permit by rule under Chapter 106 of this title 

(relating to Permits by Rule).

SUBMITTED 07/31/02

- Underlined

Meets §51.163

(c) Applications for a small business stationary source 

permit shall be submitted under the seal of a Texas licensed 

professional engineer, if required by §116.110(e) of this title 

(relating to Applicability).

SUBMITTED 07/31/02

- Underlined

Meets §51.163

(d) The owner or operator of the grandfathered 

facility, group of facilities, or account is responsible for 

applying for the small business stationary permit and for 

complying with this subchapter.

SUBMITTED 07/31/02

- Underlined

Meets §51.163

 
§116.775. Eligibility for Pipeline Facilities Permits.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.775.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.775

Status Revised Rules Comments/Evaluation

§116.775. Eligibility for Pipeline Facilities Permits. SUBMITTED 07/31/024

(a) The owner or operator of a grandfathered 

reciprocating internal combustion engine or group of engines 

that is a part of processing, treating, compression, or pumping 

facilities connected to or part of a gathering or transmission 

pipeline may apply for a pipeline facilities permit.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

(b) Applications for a pipeline facilities permit shall 

be submitted under the seal of a Texas licensed professional 

engineer, if required by §116.110(e) of this title (relating to 

Applicability).

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

(c) The owner or operator of the grandfathered 

facility, group of facilities, or account is responsible for 

applying for the pipeline facilities permit and for complying 

with this subchapter.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

(d) The owner or operator of more than one 

grandfathered reciprocating internal combustion engine may 

apply for a pipeline facilities permit for a single grandfathered 

reciprocating internal combustion engine or a group of the 

grandfathered reciprocating internal combustion engines 

connected to or part of a gathering or transmission pipeline.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

 
§116.777. Eligibility for Existing Facility Permits.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.777.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.777

Status Revised Rules Comments/Evaluation

§116.777. Eligibility for Existing Facility Permits. NEW: Section Title. SUBMITTED 07/31/02.5

(a) The owner or operator of a grandfathered facility 

may apply for an existing facility permit.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

(b) Applications for an existing facility permit shall be 

submitted under the seal of a Texas licensed professional 

engineer, if required by §116.110(e) of this title (relating to 

Applicability).

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

(c) The owner or operator of the grandfathered 

facility, group of facilities, or account is responsible for 

applying for the existing facility permit and for complying with 

this subchapter.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

 
§116.778. Additional Requirements for Applications for Small Business Stationary Source Permits,

Pipeline Facilities Permits, or Existing Facility Permits.

Annotation of revisions adopted by TCEQ August 22, 2002; effective September 4, 2002.

History of §116.778.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

08/22/02 09/04/02 Initial Adoption

Evaluation of §116.778

Status Revised Rules Comments/Evaluation

§116.778. Additional Requirements for Applications for

Small Business Stationary Source Permits, Pipeline

Facilities Permits, or Existing Facility Permits.

NEW: Section Title. SUBMITTED 09/04/02.6

 In addition to complying with all applicable

requirements of this subchapter, any application for a small

business stationary source permit, a pipeline facilities permit,

or an existing facility permit must include emissions from the

facility resulting from any associated dockside vessel operations. 

These emissions must comply with all rules and regulations of

the commission and with the intent of the TCAA, including

protection of the health and property of the public and

minimization of emissions to the extent possible, consistent

with good air pollution control practices.

NEW: SUBMITTED 09/04/02

- Underlined

Meets §51.163

 
§116.779. Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing 

Facility Permits.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.779.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.779

Status Revised Rules Comments/Evaluation

§116.779. Applications for Small Business Stationary Source 

Permits, Pipeline Facilities Permits, or Existing Facility 

Permits.

NEW: Section Title. SUBMITTED 07/31/02.7

(a) Any application for a small business stationary 

source permit, a pipeline facilities permit, or an existing facility 

permit must include a completed Form PI-1G, Grandfathered 

Facility Permit Application. The Form PI-1G must be signed 

by an authorized representative of the applicant. The Form 

PI-1G specifies additional support information which must be 

provided before the application is deemed complete. In order to 

be granted a permit, the owner or operator of the grandfathered 

facility shall submit information to the commission which 

demonstrates that all of the following are met.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.163

(1) Protection of public health and welfare. 

The emissions from the grandfathered facility will comply with 

all rules and regulations of the commission and with the intent 

of the TCAA, including protection of the health and physical 

property of the people.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(a) & (d)

(2) Measurement of emissions. The permit 

may have provisions for measuring the emission of air 

contaminants as determined by the commission. These 

provisions may include the installation of sampling ports on 

exhaust stacks and construction of sampling platforms in 

accordance with guidelines in the “Texas Natural Resource 

Conservation Commission Sampling Procedures Manual,” 

portable analyzers, or emissions calculations if a known process 

variable is monitored.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.212

(3) New Source Performance Standards 

(NSPS). The emissions from each affected facility as defined in 

40 Code of Federal Regulations (CFR) Part 60 will meet at least 

the requirements of any applicable NSPS as listed under 40 

CFR Part 60, promulgated by EPA under authority granted 

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160

 
Evaluation of §116.779

Status Revised Rules Comments/Evaluation

under FCAA, §111, as amended.

(4) National Emission Standards for 

Hazardous Air Pollutants (NESHAP). The emissions from each 

facility as defined in 40 CFR Part 61 will meet at least the 

requirements of any applicable NESHAP, as listed under 40 

CFR Part 61, promulgated by EPA under authority granted 

under FCAA, §112, as amended.

NEW: SUBMITTED 07/31/02

- Plain text

Meets §51.160

(5) NESHAPs for source categories. The 

emissions from each affected facility shall meet at least the 

requirements of any applicable maximum achievable control 

technology (MACT) standard as listed under 40 CFR Part 63, 

promulgated by EPA under FCAA, §112, or as listed in Chapter 

113, Subchapter C of this title (relating to National Emission 

Standards for Hazardous Air Pollutants for Source Categories 

(FCAA Section 112, 40 CFR 63)).

NEW: SUBMITTED 07/31/02

- Plain text

Meets §51.160

(6) Performance demonstration. The 

grandfathered facility will achieve the performance specified in 

the permit application. The commission may require the 

applicant to submit additional engineering data after the permit 

has been issued in order to demonstrate further that the facility 

will achieve the performance specified in the permit. In 

addition, the commission may require initial compliance testing 

to determine ongoing compliance through engineering 

calculations based on measured process variables, parametric or 

predictive monitoring, stack monitoring, or stack testing.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §§51.211 & 51.212

(7) Nonattainment review. A grandfathered 

facility in a nonattainment area shall comply with all applicable 

requirements under Subchapter B, Division 5 of this chapter 

(relating to Nonattainment Review).

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160 and 51.165

(8) Prevention of Significant Deterioration 

(PSD) review. A grandfathered facility in an attainment area 

shall comply with all applicable requirements under Subchapter 

B, Division 6 of this chapter (relating to Prevention of 

Significant Deterioration Review).

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160 and 51.166

(9) Air dispersion modeling or ambient 

monitoring. The commission may require computerized air 

dispersion modeling and/or ambient monitoring to determine 

the air quality impacts from the grandfathered facility.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(f)

(10) Federal standards of review for 

constructed or reconstructed major sources of hazardous air 

pollutants. If the grandfathered facility is an affected source as 

defined in §116.15(1) of this title (relating to Section 112(g) 

Definitions), the affected source shall comply with all 

NEW: SUBMITTED 07/31/02

- Underlined
Evaluation of §116.779

Status Revised Rules Comments/Evaluation

applicable requirements under Subchapter C of this chapter 

(relating to Hazardous Air Pollutants: Regulations Governing 

Constructed or Reconstructed Major Sources (FCAA, Section 

112(g), 40 CFR Part 63)).

(11) Application content. In addition to any 

other requirements of this subchapter, the applicant shall:

(A) identify each facility to be 

included in the permit;

(B) identify the air contaminants 

emitted; and

(C) provide emission rate 

calculations.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §§51.160(c)(1)-(2) & 51.163

(b) In addition to the requirements of subsection (a) of 

this section, an application for a pipeline facilities permit shall 

propose a control method and identify the date by which the 

control method will be implemented. The proposed control 

method shall demonstrate compliance with the following 

requirements.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1)

(1) Facilities located in the East Texas region 

as defined in §101.330 of this title (relating to Definitions), 

shall demonstrate that each grandfathered reciprocating internal 

combustion engine will achieve at least a 50% reduction of the 

hourly emissions rate of nitrogen oxides (NOx), expressed in 

terms of grams per brake horsepower-hour (g/bhp-hr). The 

commission may also require a 50% reduction of the hourly 

emissions rate of volatile organic compounds (VOC), expressed 

in terms of g/bhp-hr for each engine located in the East Texas 

region as defined in §101.330 of this title.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1) & (2)

(2) The commission shall require up to a 20% 

reduction of the hourly emissions rate of NOx and may also 

require up to a 20% reduction of the hourly emissions rate of 

VOC, both expressed in terms of g/bhp-hr, from grandfathered 

reciprocating internal combustion engines located in the West 

Texas region as defined in §101.330 of this title or El Paso 

County.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1) & (2)

(3) Notwithstanding the requirements of 

paragraphs (1) and (2) of this subsection, the owner or operator 

of more than one grandfathered reciprocating internal 

combustion engine may average the reductions achieved among 

more than one reciprocating internal combustion engine 

connected to or part of a gathering or transmission pipeline in 

order to demonstrate the reductions required in paragraphs (1) 

and (2) of this subsection. If the owner or operator chooses to 

average among engines located in both the East and West Texas 

regions as defined in §101.330 of this title it must be 

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1) & (2)
Evaluation of §116.779

Status Revised Rules Comments/Evaluation

demonstrated that the sum of the reductions achieved from all 

of the engines located in the East Texas region as defined in 

§101.330 of this title will achieve the reductions required in 

paragraph (1) of this subsection. For purposes of this 

paragraph, El Paso County is included in the West Texas region 

as defined in §101.330 of this title.

(4) If the emissions reductions required by 

paragraphs (1) and (2) of this subsection will be achieved by 

averaging reductions as allowed by paragraph (3) of this 

subsection, the average may not include emission reductions 

achieved in order to comply with any other state or federal law. 

If the emission reductions required by paragraphs (1) and (2) of 

this subsection will be achieved at one account, the reduction 

may include emission reductions achieved since January 1, 

2001 in order to comply with another state or federal law.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1) & (2)

(c) In addition to the requirements of subsection (a) of 

this section, an application for an existing facility permit shall 

propose an air pollution control method that is at least as 

beneficial as the best available control technology (BACT) that 

the commission required or would have required for a facility of 

the same class or type as a condition of issuing a permit or 

permit amendment 120 months before the submittal of the 

existing facility permit application, considering the age and 

remaining useful life of the facility. The application shall 

identify the date by which the control method will be 

implemented.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1) & §51.166
§116.780. Public Participation for Initial Issuance of Pipeline Facilities Permits and Existing Facility Permits.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.780.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.780

Status Revised Rules Comments/Evaluation

§116.780. Public Participation for Initial Issuance of Pipeline 

Facilities Permits and Existing Facility Permits.

NEW: Section Title. SUBMITTED 07/31/02.8

(a) An applicant for a pipeline facilities permit or an 

existing facility permit shall publish a notice of intent to obtain 

the permit in accordance with Chapter 39, Subchapters H and K 

of this title (relating to Applicability and General Provisions; 

and Public Notice of Air Quality Applications).

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.161. Note that 

Chapter 39 is adequate for initial issuance.

(b) Any person who may be affected by emissions 

from a grandfathered facility may request the commission to 

hold a notice and comment hearing on the pipeline facilities 

permit application or the existing facility permit application. 

The public comment period shall end 30 days after the 

publication of Notice of Receipt of Application and Intent to 

Obtain Permit in accordance with §39.418 of this title (relating 

to Notice of Receipt of Application and Intent to Obtain 

Permit). Any request for a notice and comment hearing must be 

made in writing during the 30-day public comment period.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.161. Public availability of information. 

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(c) Any notice and comment hearing regarding initial 

issuance of a pipeline facilities permit or an existing facility 

permit shall be conducted in accordance with the procedures in 

§116.781 of this title (relating to Notice and Comment Hearings 

for Initial Issuance of Pipeline Facilities Permits and Existing 

Facility Permits) and not under the APA.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.161. Public availability of information. 

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(d) The commission’s response to public comments 

and the notice of its decision on whether to issue or deny a 

pipeline facilities permit or an existing facility permit will be 

conducted in accordance with the procedures in §116.783 of 

this title (relating to Notice of Final Action on Pipeline 

Facilities Permit Applications and Existing Facility Permit 

Applications).

Meets 40 CFR 51.161 (b)(1) - Availability for public

inspection in at least one location in the area affected

of the information submitted by the owner or operator

and of the State or local agency’s analysis of the effect

on air quality.

Meets 40 CFR 51.230

 
Evaluation of §116.780

Status Revised Rules Comments/Evaluation

(e) A person affected by a decision to issue or deny a 

pipeline facilities permit or an existing facility permit may seek 

review, as appropriate, under the appropriate procedure in 

Chapter 50 of this title (relating to Action on Applications and 

Other Authorizations), and may seek judicial review under 

TCAA, §382.032, relating to Appeal of Commission Action.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.231
§116.781. Notice and Comment Hearings for Initial Issuance of Pipeline Facilities Permits and Existing 

Facility Permits.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.781.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.781

Status Revised Rules Comments/Evaluation

§116.781. Notice and Comment Hearings for Initial Issuance of 

Pipeline Facilities Permits and Existing Facility Permits.

NEW: Section Title. SUBMITTED 07/31/02.9

(a) The notice and comment hearing requirements 

apply only to the initial issuance of a pipeline facilities permit 

or an existing facility permit.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(b) The commission shall decide whether to hold a 

hearing. The commission is not required to hold a hearing if it 

determines that the basis of the request by a person who may be 

affected by emissions from a grandfathered facility is 

unreasonable. If a hearing is requested by a person who may be 

affected by emissions from a grandfathered facility, and that 

request is reasonable, the commission will hold a hearing.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(c) At the applicant’s expense, notice of a hearing on a 

draft permit must be published in the public notice section of 

one issue of a newspaper of general circulation in the 

municipality in which the grandfathered facility is located, or in 

the municipality nearest to the location of the facility. The 

notice must be published at least 30 days before the date set for 

the hearing. The notice must include the following:

(1) the time, place, and nature of the hearing;

(2) a brief description of the purpose of the 

hearing; and

(3) the name and phone number of the 

commission office to be contacted to verify that a hearing will 

be held.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161(b)(3).

Meets §51.230.

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(d) Any person, including the applicant, may submit 

oral or written statements and data concerning the draft permit.

(1) The commission may set reasonable time 

limits for oral statements, and may require the submission of 

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.230.

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. 

 
Evaluation of §116.781

Status Revised Rules Comments/Evaluation

statements in writing.

(2) The period for submitting written 

comments is automatically extended to the close of any hearing.

(3) At the hearing, the commission may 

extend the period for submitting written comments beyond the 

close of the hearing.

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(e) The commission will make an audio recording or 

written transcript of the hearing available to the public.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. . 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(f) Any person, including the applicant, who believes 

that any condition of the draft permit is inappropriate or that the 

preliminary decision to issue or deny the permit is 

inappropriate, shall raise all issues and submit all arguments 

supporting that position by the end of the public comment 

period.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161.

(g) Any supporting materials for comments submitted 

under subsection (f) of this section must be included in full and 

may not be incorporated by reference, unless the materials are 

one of the following:

(1) already part of the administrative record 

in the same proceedings;

(2) state or federal statutes and regulations;

(3) EPA documents of general applicability; 

or

(4) other generally available reference 

materials.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 51.161(b)(1).

Meets the requirement of availability for public 

inspection of the information submitted.

(h) The commission will keep a record of all 

comments received and issues raised in the hearing. This record 

will be available to the public.

NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.161. Public availability of information.

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. . 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(i) The draft permit may be changed based on 

comments pertaining to whether the permit provides for 

compliance with the requirements of this subchapter.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161. Public availability of 

information. The federal regulations do not require a 

State permitting authority to make changes based on 

comments regarding compliance requirements. 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such changes..

(j) The commission will respond to comments 

consistent with §116.783 of this title (relating to Notice of Final 

Action on Pipeline Facilities Permit Applications and Existing 

Facility Permit Applications).

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161. Public availability of 

information. 
§116.783. Notice of Final Action on Pipeline Facilities Permit Applications and Existing Facility Permit

Applications.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.783.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.783

Status Revised Rules Comments/Evaluation

§116.783. Notice of Final Action on Pipeline Facilities Permit 

Applications and Existing Facility Permit Applications.

NEW: Section Title. SUBMITTED 07/31/02.10

(a) After the public comment period expires or the 

conclusion of any notice and comment hearing, the commission 

will send notice by first-class mail of the final action on the 

pipeline facilities permit application or the existing facility 

permit application to any person who commented during the 

public comment period or at the hearing, and to the applicant.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161

Meets §51.230. 

Meets §51.102. The federal regulations do not require 

a State permitting authority to provide a notice and 

comment hearing, unless a hearing is requested. . 

Furthermore, the federal regulations do not prohibit or 

otherwise limit a State from providing such hearing.

(b) The notice must include the following:

(1) the response to any comments submitted 

during the public comment period;

(2) identification of any change in the 

conditions of the draft permit and the reasons for the change; 

and

(3) a statement that any person affected by 

the decision of the executive director may file a motion to 

overturn under the appropriate procedure in Chapter 50 of this 

title (relating to Action on Applications and Other 

Authorizations) and may seek judicial review under TCAA, 

§382.032, relating to Appeal of Commission Action.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161

Meets 40 CFR 51.231

 
§116.785. Permit Fee.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.785.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved by 

EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.785

Status Revised Rules Comments/Evaluation

§116.785. Permit Fee. NEW: Section Title. SUBMITTED 07/31/02.11

(a) Fees required. Any person who applies for a 

permit under this division relating to small business stationary 

source permits, pipeline facility permits, and existing facility 

permits must remit a fee of $450 at the time of application for 

such permit. If the facility is a small business stationary source 

facility as defined in TCAA, §382.0365(h), the fee shall be 

$100.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.230

(b) Payment of fees. All permit fees must be remitted 

in the form of a check or money order made payable to the 

Texas Natural Resource Conservation Commission and 

delivered to the Texas Natural Resource Conservation 

Commission, P. O. Box 13088, MC 214, Austin, Texas 78711-

3088. Required fees must be received before the commission 

will begin examination of the application.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.230

(c) Return of fees. Fees must be paid at the time an 

application for a permit is submitted in accordance with this 

division. If the applicant withdraws the application prior to 

issuance of the permit, one-half of the fee will be refunded, 

except that the entire fee will be refunded for any such 

application for which a permit by rule in accordance with 

Chapter 106 of this title (relating to Permits by Rule) is allowed. 

No fees will be refunded after a deficient application has been 

voided, denied, or after a permit has been issued by the 

commission.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.230

 
§116.786. General and Special Conditions.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.786.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.786

Status Revised Rules Comments/Evaluation

§116.786. General and Special Conditions. NEW: Section Title. SUBMITTED 07/31/02.12

(a) Permits issued under this division relating to small 

business stationary source permits, pipeline facility permits, and 

existing facility permits may contain general and special 

conditions. The holders of a permit under this division shall 

comply with any and all such conditions.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

Meets 40 CFR 51.230

(b) General conditions. Holders of permits issued 

under this division shall comply with the following general 

conditions, regardless of whether they are specifically stated 

within the permit document.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

Meets 40 CFR 51.230

(1) Sampling requirements.

(A) If sampling is required, the 

permit holder shall contact the commission’s Office of 

Compliance and Enforcement prior to sampling to obtain the 

proper data forms and procedures.

(B) All sampling and testing 

procedures must be approved by the executive director and 

coordinated with the regional representatives of the 

commission.

(C) The permit holder is also 

responsible for providing sampling facilities and conducting the 

sampling operations, or contracting with an independent 

sampling consultant.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

Meets 40 CFR 51.230

(2) Equivalency of methods. The permit 

holder must demonstrate or otherwise justify the equivalency of 

emission control methods, sampling or other emission testing 

methods, and monitoring methods proposed as alternatives to 

methods indicated in the conditions of the permit. Alternative 

methods shall be applied for in writing and must be reviewed 

and approved by the executive director prior to their use in 

fulfilling any requirements of the permit.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.212(c)

(3) Recordkeeping. The permit holder shall: NEW: SUBMITTED 07/31/02

- Underlined

 
Evaluation of §116.786

Status Revised Rules Comments/Evaluation

(A) maintain a copy of the permit 

along with records containing the information and data 

sufficient to demonstrate compliance with the permit, including 

production records and operating hours;

(B) keep all required records in a 

file at the plant site. If, however, the facility normally operates 

unattended, records shall be maintained at the nearest staffed 

location within the State of Texas as specified in the 

application;

(C) make the records available at the 

request of personnel from the commission or any air pollution 

control program having jurisdiction;

(D) comply with any additional 

recordkeeping requirements specified in special conditions 

attached to the permit; and

(E) retain information in the file for 

at least two years following the date that the information or data 

is obtained.

Meets 40 CFR 51.230

Meets 40 CFR 51.160

(4) Maximum allowable emission rates. The 

total emissions of air contaminants from any of the sources of 

emissions must not exceed the values stated on the table 

attached to the permit entitled "Emission Sources--Maximum 

Allowable Emission Rates."

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

(5) Maintenance of emission control. The 

permitted facilities shall not be operated unless all air pollution 

emission capture and abatement equipment is maintained in 

good working order and operating properly during normal 

facility operations. The permit holder shall provide notification 

for upset and maintenance in accordance with §101.6 and 

§101.7 of this title (relating to Upset Reporting and 

Recordkeeping Requirements; and Maintenance, Startup and 

Shutdown Reporting, Recordkeeping, and Operational 

Requirements).

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

(6) Compliance with rules.

(A) Acceptance of a permit by an 

applicant constitutes an acknowledgment and agreement that the 

permit holder will comply with all rules, regulations, and orders 

of the commission issued in conformity with the TCAA and the 

conditions precedent to the granting of the permit.

(B) If more than one state or federal 

rule or regulation or permit condition are applicable, the most 

stringent limit or condition shall govern and be the standard by 

which compliance shall be demonstrated.

(C) Acceptance includes consent to 

the entrance of commission employees and agents into the 

permitted premises at reasonable times to investigate conditions 

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

Meets 40 CFR 51.230
Evaluation of §116.786

Status Revised Rules Comments/Evaluation

relating to the emission or concentration of air contaminants, 

including compliance with the permit.

(c) Special conditions. The holders of permits issued 

under this division shall comply with all special conditions 

contained in the permit document.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.230

(1) Special conditions may be attached to a 

permit that are more restrictive than the requirements of this 

title.

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.230

(2) Special conditions for written approval. NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.230

(A) The executive director may 

require as a special condition that the permit holder obtain 

written approval before constructing a source under:

(i) a standard permit in 

accordance with Subchapter F of this chapter (relating to

Standard Permits); or

(ii) a permit by rule in 

accordance with Chapter 106 of this title (relating to Permits by 

Rule).

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.161 via technical review which is 

available to public in the permit file 

(B) Such written approval may be 

required if the executive director specifically finds that an 

increase of a particular pollutant could either:

(i) result in a significant 

impact on the air environment; or

(ii) cause the facility to 

become subject to review in accordance with:

(I) Subchapter C 

of this chapter (relating to Hazardous Air Pollutants: 

Regulations Governing Constructed or Reconstructed Major 

Sources (FCAA, Section 112(g), 40 CFR Part 63)); or

(II) the provisions 

in §116.150 and §116.151 of this title (relating to 

Nonattainment Review), and §§116.160 - 116.163 of this title 

(relating to Prevention of Significant Deterioration Review).

NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.160

Meets 40 CFR 51.230
§116.787. Amendments and Alterations of Permits Issued Under this Division.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.787.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.787

Status Revised Rules Comments/Evaluation

§116.787. Amendments and Alterations of Permits Issued 

Under this Division.

The owner or operator planning the modification of a 

facility permitted under this division relating to small business 

stationary source permits, pipeline facilities permits, and 

existing facility permits must comply with the requirements of 

Subchapter B of this chapter (relating to New Source Review 

Permits) before work begins on the construction of the 

modification. Amendments and alterations for permits issued 

under this division are subject to the requirements of Subchapter 

B of this chapter.

NEW: Section Title. SUBMITTED 07/31/02.13

- Underlined

Meets 40 CFR 51.160

 
§116.788. Renewal of Permits Issued Under this Division.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.788.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.788

Status Revised Rules Comments/Evaluation

§116.788. Renewal of Permits Issued Under this Division.

Permits issued under this division (relating to Small 

Business Stationary Source Permits, Pipeline Facilities Permits, 

and Existing Facility Permits) shall be renewed in accordance 

with the requirements of Subchapter D of this chapter (relating 

to Permit Renewals).

NEW: Section Title. SUBMITTED 07/31/02.14

- Underlined

Meets 40 CFR 51.160

 
§116.790. Delegation.

· Annotation of revisions adopted by TCEQ May 23, 2002; effective June 12, 2002.

History of §116.790.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

05/23/02 07/31/02 Initial Adoption

Evaluation of §116.790

Status Revised Rules Comments/Evaluation

§116.790. Delegation.

The commission delegates to the executive director the 

authority to take any action on a permit issued under this 

division relating to small business stationary source permits, 

pipeline facility permits, and existing facility permits.

NEW: Section Title. SUBMITTED 07/31/02.15

- Underlined

Meets 40 CFR 51.230

 
CHAPTER 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I – ELECTRIC GENERATING FACILITY PERMITS

§116.919. Additional Requirements for Grandfathered Electric Generating Facility Permit Applications.

Annotation of revisions adopted by TCEQ August 22, 2002; effective September 4, 2002.

History of §116.919.

Status Date Adopted 

by TCEQ

Dates 

Submitted to 

EPA

Date Approved 

by EPA

FR Citation Comments

ORC - 02/16/04 8/22/02 9/4/02 Initial Adoption

Evaluation of §116.919

Status Revised Rules Comments/Evaluation

§116.919. Additional Requirements for Grandfathered

Electric Generating Facility Permit Applications.

NEW: Section Title. SUBMITTED 09/04/02.16

- Underlined

In addition to complying with all applicable

requirements of this subchapter, any application for a new

grandfathered electric generating facility permit under

Texas Health and Safety Code, TCAA, §382.05185(c) and

(d) (relating to Electric Generating Facility Permits) for

auxiliary combustors and coal- fired units only must include

emissions from the facility resulting from any associated

dockside vessel operations. These emissions must comply

with all rules and regulations of the commission and with

the intent of the TCAA, including protection of the health

and property of the public and minimization of emissions to

the extent possible, consistent with good air pollution control

practices.

NEW. SUBMITTED 09/04/02

Underlined

Adds language that emissions from dockside vessel 

operations must be included from certain units at the 

facility.

Meets 40 CFR 51.160 (c) & (e)