### 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

SEPTEMBE R 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 A gency, Region 6

Telephone: (214) 665

- 72 27

E

- Mail: barrett.richard@epa.govOutline

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. Recommen dation

List of Tables

Table 1. SIP Submittals u nder r eview in this TSD.

Table 2. Sections of 30 TAC Chapter 116 r eviewed in this d ocument.

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.

Div ision 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

- Application s 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

Permi ts.

§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.

Subchapte r I

- Electric Generating Facility Permits

. §116.919

- Additional Requirements for Grandfathered Electric Generating Facilities Permit ApplicationsTECHNICAL SUPPORT DOCUMENT

EVALUATION AND ANALYSIS

Throughout this document “we,” “us,” or “our” mea ns 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 submitte d by Texas. T he

M arch 1, 2004

, package contain s 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 Te xas 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 re visions 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 a nd 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. T able 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 t o 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: §§116.77 8 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 broadl y identify the new and revised sections that arebeing 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 p rovisions 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.

Di vision 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 Sourc e 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

§116.77 8 Additional Requirements for

Applications for Small

Business Stationary Source

Permits, Pipelin e Facilities

Permits, or Existing Facility

Permits. 0 9 / 04 /02 0 8 /2 1 /02 0 9 / 04 /02  Initial AdoptionSection 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 0 6/12/02  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 05/2 2/02 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 ActionSection Title Submitted

to EPA Adopted

by State Effective

date of

State

Rule Comments

§116.796 Notice and Comment

Hearings for In itial 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 Individua l

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 Increa se. 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.

§116.91 9 Additional Requirement s for

Grandfathered Electric

Generating Facilit y Permit

Applications. 0 9 /0 4 /0 2 08/21/02 0 9 / 04 /0 2  Initial AdoptionIV. 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, 200 2 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 ; Sep tember 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 mus t 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 con sists 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 provisi on.

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

chang ed in any subsequent SIP revision submitted  20%  SIP

- approved text

- BoldDescription 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

· 1 st revision

- underlined

. · 2 nd 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

_ N ew text · underlined

.

1st revis ion

- 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 revisio ns 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 G RANDFATHERED 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 07/31/02 1

(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 §101.3 30 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 pe rmit

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) ac hieving 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 consid ered 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 Citat ion 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 M arch 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 t he 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 commi ssion 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 07/31/02 2

( 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 t itle (relating to Permits by Rule), shall

notify the executive director in writing by completing Form PI

1GSD, 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 contaminant s 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 eligib le

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 a mount 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 Commen ts/Evaluation

§116.774. Eligibility for Small Business Stationary Source

Permits. SUBMITTED 07/31/02 3

(a) The owner or operator of a grandfathered facility

located at a small business stationary source, as defined in

TCAA, §382.0365(h), and whic h 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

a ny 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 §51.1 63§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 07/31/02 4

(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: SUBMITTE D 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: SUBMITTE D 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 07/3 1/02

- 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.

· Annotatio n 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 §1 16.777

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). N EW: 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: SUB MITTED 07/31/02

- Underlined

Meets §51.163§116.778. Additiona l Requirement s fo r Application s fo r Smal l Busines s Stationar y Source Permits

, Pipelin e Facilitie s Permits

, o r Existin g Facilit y 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

0 8 /2 2 /02 0 9 / 04 /02 Initial Adoption

Evaluation of §116.77 8

Status Revised Rules Com ments/Evaluation

§116.778. Additiona l Requirement s fo r Application s fo r

Smal l Busines s Stationar y Source Permits

, Pipelin e

Facilitie s Permits

, o r Existin g Facilit y Permits. NEW: Section Title. SUBMITTED 0 9 / 04 /02. 6

In addition t o complying with all applicable

r equirements of this subchapter, any application for a small

business stationary source permit, a pipeline facilities permit,

or an existing facility permit must includ e emission s fro m th e

facility resultin g fro m an y associa te d docksid e vesse l 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 possibl e, consistent

with good air pollution control practices. NEW: SUBMITTED 0 9 / 04 /02

- Underlined

Meets §51.163§116.779. Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing

Facility Permi ts.

· 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

Eva luation 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 a pplication 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 represent ative 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 informatio n 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 pr ovisions 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 N atural 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

(NS PS). 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 §51.16 0Eva luation of §116.779

Status Revised Rules Comments/Evaluation

under FCAA, §11 1, 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 appli cable 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 specif ied 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

addi tion, 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 07/3 1/02

- 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). NE W: SUBMITTED 07/31/02

- Underlined

Meets §51.16 0 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 thi s chapter (relating to Prevention of

Significant Deterioration Review). NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.16 0 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

- UnderlinedEva luation 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 me thod 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 (NO

x ), expressed in

terms of grams per brake hors epower

- 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 NO

x and may also

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

VOC, both expresse d 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) Notwith standing 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 T exas

regions as defined in §101.330 of this title it must be NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.160(c)(1) & (2)Eva luation 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

paragrap h (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 requ ired 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: SUBMITT ED 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 t he 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 Dat es

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

Facili ties 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 §51.16 1

. 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 comm ent hearing must be

made in writing during the 30

- day public comment period. NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.16 1

. Public availability of information.

Meets §51. 230.

Meets §51.1 02. The federal regulations do not require

a State permitti ng authority to provide a notice and

comment hearing , unless a hearing is request e d

. Furthermore, the federal regulations do not prohibit or

otherwise limit a State from providing such hearing.

(c) Any notice and comment hearing regarding initial

iss uance 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

Fa cility Permits) and not under the APA. NEW: SUBMITTED 07/31/02

- Underlined

Meets §51.16 1

. Public availability of information.

Meets §51. 230.

M eets §51.1 02. The federal regulations do not require

a State permitting authority to provide a notice and

co mment 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 i ssue 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 Perm it

Applications). Meets 40 CFR 51.161 ( b)(1)

- Availability for public

inspection in at least one location in the area affect ed

of the information sub mitted by the owner or operator

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

on air quality.

Meets 40 CFR 51.230Evaluation 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 A pplications 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 Pipe line 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 §51.1 02. 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 hearin g 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 §51.1 02. 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 expe nse, 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) t he 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 §51.1 02. The federal regulations do not require

a State permitt ing 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

or al 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 §51.1 02. 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 wi ll make an audio recording or

written transcript of the hearing available to the public. NEW: SUBMITTED 07/31/02

- Underlined

Meets §51. 230.

Meets §51.1 02. The federal regulations do not require

a State permitting authority to provide a notice and

comm ent 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 i s 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 administr ative 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 §51.16 1. Pub lic availability of information.

Meets §51. 230.

Meets §51.1 02. The federal regulations do not require

a State permitting authority to provide a notice and

comment hearing , unless a hearing is requested.

. Furthermor e, 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 51.16 1 . 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 Applicati ons and Existing

Facility Permit Applications). NEW: SUBMITTED 07/31/02

- Underlined

Meets 40 CFR 51.16 1 . 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 Adop tion

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) Aft er 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 a ny 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 §51.1 02. 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 fil e 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 Approv ed 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 bus iness 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 pa yable 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. 23 0

(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. 23 0§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 §11 6.786

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 facilit y 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 s ampling 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 operatio ns, 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

emissi on 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

- UnderlinedEvaluation of §11 6.786

Status Revised Rules Comments/Evaluation

(A) maintain a copy of the permit

along with records c ontaining 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 51.16 0

(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 a nd 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 Ups et 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 per mit 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 51.230Evaluation of §11 6.786

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) S pecial 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

- Underline d

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 r eview 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

facili ty 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) befo re 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 C FR 51.16 0§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 Ci tation 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

Busines s 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

- Under lined

Meets 40 CFR 51.16 0§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

b y 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 51.230CHAPTER 116

- CONTROL OF AIR POLLUTION BY PERMITS FOR NEW

CONSTRUCTION OR MODIFICATION

SUBCHAPTER I

– ELECTRI C GENERATING FACILITY PERMITS

§116.91 9

. Additional Requirements for Grandfathered Electric Generating Facility Permit Applications.

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

History of §116.91 9

.

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 Adopt ion

Evaluation of §116.91 9

Status Revised Rules Comments/Evaluation

§116.91 9

. Additional Requirements for Grandfathered

Electric Generating Facility Permit Applications. NEW: Section Title. SUBMITTED 0 9 / 04 /02. 16

- Underlined

I n addi tio n t o complyin g wit h al l applicabl e

requirement s o f thi s subchapter

, an y applicatio n fo r a ne w

grandfathere d electri c generatin g facilit y permi t unde r

Texa s Healt h an d Safet y Code

, TCAA, §382.05185(c ) an d

(d ) (relatin g t o Electri c Generatin g Facilit y Permits ) fo r

auxiliar y combustor s an d coal

- fire d unit s onl y mus t includ e

emission s fro m th e facilit y resultin g fro m an y associate d

docksid e vessel operations

. Thes e emission s mus t compl y

wit h al l rule s an d regulation s o f th e commissio n an d wit h

t he inten t o f th e TCAA

, includin g protectio n o f th e healt h

and propert y o f th e publi c and minimizatio n of emission s t o

th e exten t possible

, consisten t wit h goo d ai r pollutio n contro l

practices. NEW. SUBMITTED 0 9 /0 4 /0 2

Underlined

Adds language that emissions from docks ide vessel

operations must be included from certain units at the

facility.

Meets 40 CFR 51.160 (c) & (e)