TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

1 I. Introduction

A. Overview. This Technical Support Docu ment (TSD) is a technical
evaluation of submitted revisions to the Texas State Implementation Plan (SIP). Specifically, this is the evalua tion of SIP revisions to Title 30 of the Texas Administrative Code (30 TA C), Chapter 116 – Control of Air Pollution by Permits for New Construc tion or Modification. This includes SIP revisions submitted March 13, 1996; July 22, 1998; and September 4,
2002. These SIP submittals includ e revisions to 30 TAC 116.10.

B. What are we addressing in this action? We are addressing the submitted provisions of severable portions of 30 TAC 116.10 – General
Definitions

. 1. Revisions submitted March 13, 1996, and July 22, 1998. 1 We are addressing the definition “modifica tion of existing facility” in 30 TAC 116.10(9); including:

i. The introductory paragraph;

ii. Subparagraphs (C) and (D).

2. Revisions submitted September 4, 2002. We are addressing the redesignation of paragraph (9) to paragraph (11), and subparagraphs (C), (D), and (G).

3. 30 TAC 116.10(11)(A) and (B) that EPA proposed to disapprove on September 23, 2009, 74 FR 48450. In light of revisions submitted on October 10, 2010 that redesignated and substantively revised 30 TAC 116.10(11)(A) and repealed 30 TAC 116.10(11)(B), we are proposing to withdraw the September 23, 2009 proposed disapproval of these provisions.

C. What are we not addressing in this action? We are not addressing the following severable prov isions of 30 TAC 116.10:

1. 30 TAC 116.10(11)(E), that was re designated to subparagraph (D) in a later submittal dated October 10, 2010 . EPA disapproved subparagraph (E) on April 14, 2010, 75 FR 19468.

2. 30 TAC 116.10(11)(F), that was re designated to subparagraph (D) in a later submittal dated October 10, 2010 . EPA disapproved subparagraph (E) on July 15, 2010, 75 FR 41312.

3. 30 TAC 116.10(G), that wa s redesignated to subparagraph (F) in a later submittal dated October 10, 2010 . EPA proposed to disapprove subparagraph (G ) on September 23, 2009, 74 FR 48450. EPA is currently reviewin g this provision and it will be
addressed in a final ac tion on subparagraph (G).

1 In the July 22, 1998, SIP submittal, Texas repealed and repl aced the March 13, 1996, submittal of
section 116.10.TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

2 D. What is the date for taking final action on these SIP submittals? Under a Settlement Agreement for a lawsuit Business Coalition for Clean Air Appeal Group v. EPA , Case No. 3-08CV1791-G, EPA must take final action on the NSR Rules Revisions submitted March 13, 1996; July 22, 1998; and September 4, 2002 by October 31, 2011. If today's proposed action is finalized by October 31, 2011, it will satisfy this deadline. Under §110(k)(2) of the Clean Air Act, EP A must take final action on the revisions submitted October 5, 2010, no later than April 5, 2012.

II. Overview of Submitted Revisions to 30 TAC 116.10

What are the pending SIP revisions that have been submitted to EPA? The
SIP revisions identified in Table 1 belo w are currently pending before EPA for
action. Table 2 identifies details of what portions of these s ections are reviewed for this proposed action.

Table 1. Summary of Pending SIP Submitta ls Relating to Revisions to Section
116.10

Description of SIP Submittal Date Submitted
to EPA Adopted by State Effective as State Rule Rules Addressed in this Action

Qualified Facilities
and Modifications to Existing Facilities 3/13/1996 2/14/1996 3/7/1996 30 TAC 116.10(9)(A)-(D) and (G)

NSR Rule Revisions; §112(g) Rule Review for Chapter 116 7/22/1998 6/17/1998 7/8/1998

House Bill 3040: Shipyard Facilities and
NSR Maintenance
Emissions 9/4/2002 8/21/2002 9/4/2002 Redesi gnated 30 TAC 116.10(9) to 30 TAC 116.10(11)

Table 2. Summary of Individual Revi sions to Section 116.10 since Approval of Current SIP-Approved Sections 116.10 under Review for this Proposed Action

Section - Title Date Submitted to
EPA Adopted by
State Effective as
State Rule Comments

30 TAC 116.10 – General
Definitions 3/13/1996
7/22/1998 2/14/1996
6/17/1998 3/7/1996
7/8/1996 • Approval of section 116.10(9), introductory paragraph and subparagraphs (C) and (D;

• Disapproval of section 116.10(9)(G)
9/4/2002 8/21/2002 9/4/2002 • Redesignation of paragraph (9) to paragraph (11)

• Approval of section 116.10(11), introductory paragraph and subparagraphs (C) and (D);

• Disapproval of section 116.10(11)(G)TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

3 III. How is the evaluation of these rules organized in this document?

A. The Appendix to this document is a detailed evaluation of each rule concerning whether it meets, or doe s not meet, applicable Federal requirements. It includes an underline /strikeout annotation of the submitted rules which shows how each rule is changed and a detailed
evaluation of whether a revised rule meets the requirements for SIP approval under 40 CFR part 51 and the Act.

B. Specific provisions of the submitted rules that require examination in greater detail than what is feasible in the Appendix are evaluated in
section III of this document. Section III includes a deta iled discussion of specific provisions that relate to sp ecific issues that require extensive discussion concerning whether they meet applicable requirements for SIP approval.

C. Each rule is reviewed for complian ce with the requirements of the Clean Air Act (Act) and 40 CFR part 51 – Requirements for Preparation, Adoption, and Submittal of Implementation Plans. These requirements include, but are not limited to, the following:

1. §110(a)(2)(C) of the Act which provides:

(C) include a program to provide for the
enforcement of the measures described in subparagraph (A), and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D;

2. §110(l) of the Act which provides:

(l) Plan Revisions. – Each revision to an implementation plan submitted by a State under this Act shall be adopted by such Stat e after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revi sion would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.

3. 40 CFR 51.160(a)-(b) which provides:

(a) Each plan must set forth legally enforceable procedures that enable the State or local agency to
determine whether the construction or modification of a facility, building, structure or installation, combination of
these will result in – (1) A violation of applicable portions of the control strategy; orTECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

4 (2) Interference with attainment or maintenance of
a national standard in the State in which the proposed source (or modification) is located or in a neighboring
State. (b) Such procedures must include means by which the State or local agency responsible for final decisionmaking on an applicati on for approval to construct or modify will prevent such construction or modification if

– (1) It will result in a violation of applicable portions of the cont rol strategy; or (2) It will interfere w ith the attainment or
maintenance of a national standard.

4. Other applicable require ments of the Act and 40 CFR part 51 will be identified in the evaluation where appropriate

. IV. Detailed Discussion Relating to Speci fic Provisions of the Submitted Rules

A. Submittal of 30 TAC 116.10(11) – Defi nition of “modification of existing facility” – Introductory paragraph.

1. Background.

i. EPA approved the definition of “facility” in Subchapter A: Definitions on September 6, 2006 (71 FR 52698) as part of the Texas SIP. “Facility” is defined as “A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source, including appurtenances other than emi ssion control equipment. A mine, quarry, well test, or road is not a facility.” See approved SIP at 30 TAC 116.10(6). The submitted regulatory definition for “modifi cation of existing facility” also is in Subchapter A, section 116.10. Therefore, “existing facility” is limited by the terms of the SIP definition of “facility.” In our evaluation of this introductory paragraph in the submitted regulatory definition of modification of existing facility, we compared
it to how “modification” is defined in the CAA and in our regulations. As approved in 1972, this statutory provision
reads as follows:

(9) “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source into the atmosphere or which results in the emission of any air pollutant not previously emitted. ...TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

5 ii. The regulatory definition of “modification of existing facility was first submitted Ma rch 13, 1996. In the July 22, 1998, submittal the definition was repealed and resubmitted as 30 TAC 116.10(9). It was redesignated to 30 TAC 116.10(11) in the September 4, 2002, SIP submittal.

iii. 30 TAC 116.12 contains a definition for “major modification” as it applies to nonattainment and prevention of significant deterioration re view (i.e., major NSR). The regulatory definition being ev aluated in this proposed action applies to minor NSR.

2. Submitted revisions evaluated in this action. The introductory paragraph to this definition submitted March 13, 1996; July 22, 1998; and September 4, 2002; reads as follows:

(11) Modification of existing facility – Any physical change in, or change in the method of operation of, a facility in a manner that increases the amount of air contaminants emitted by the facility into the atmosphere or which results in the emission of any air contaminant not previously emitted. * * *

3. Evaluation of Submitted revisions. The term “modification” in the federal program is defined as follows:

i. The term “modification” is defined in §111(a)(4) of the
Act as:

(4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which
results in the emission of any pollutant not previously emitted.

ii. The phrases “modification” or “modified source” are defined in 40 CFR 52.01(d) as:

(d) The phrases modification or modified source mean any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any air pollutant for which a national standard has been promulgated under part 50 of this ch apter or which results in the emission of any such pollutant not previously emitted, * * *TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

6 iii. The introductory paragraph of 30 TAC 116.10(11) is substantially the same as the definitions in section 111(a)(4) of the Act and 40 CFR 52.01(d).

iv. The existence of a similar definition for “major modification,” in secti on 116.12 – Nonattainment and Prevention of Significant Revi ew Definitions – that is applicable for Major NSR 2 serves to distinguish the provisions in the introductory paragraph from the Major NSR Program and limit its ap plication to Minor NSR.

4. Proposed action. The introductory paragraph of 30 TAC 116.10(11) is substantially the same as the major NSR definitions in §111(a)(4) of the Act and 40 CF R 52.01(d). It is therefore as protective as federal rules in pr eventing circumvention of major NSR and would expectedly not in terfere in the state’s control strategies or in its attainment or maintenance of the NAAQS. We are proposing to approve the intr oductory paragraph of 30 TAC 116.10(11), as submitted March 13, 1996; July 22, 1998; and September 4, 2002.

B. Revision to 30 TAC 116.10(11)(A) – Exclusion of definition for insignificant increases authorized by one or more exemptions.

1. Background.

i. This provision was submitted as subparagraph (A) on March 13, 1996. In July 22, 1998, the provision was repealed and resubmitted as 30 TAC 116.10(9)(A).

ii. This provision was redesignated to 30 TAC 116.10(11)(A) in revisions submitted September 4, 2002.

iii. On September 23, 2009, 74 FR 48450, EPA proposed to disapprove subparagraph (A ) submitted March 13, 1996, and July 22, 1998.

iv. On October 10, 2010, TCEQ submitted a revision that substantively replaced subparagraph (A).

2 Section 116.12 as currently approved in the Texas SIP applies only to the Major NSR Program for Nonattainment Review. SIP revisions submitted February 1, 2006, and March 11, 2011, revised the definition to apply to both Nonattainment Review and Prevention of Significan t Deterioration. EPA is currently reviewing these revisions and plans to act upon them shortly. The definitions in section 116.12 are effective as State rules and the TCEQ implements them as part of its Major NSR Program.TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

7 2. Submitted revisions to subparagraph (A).

i. Subparagraph (A), submitted March 13, 1996, and July 22, 1998, that we proposed to disa pprove in 2009 reads as
follows:

(A) insignificant increases in the amount of any air contaminant that is authorized by one or more commission exemptions;

ii. Subparagraph (A) as revised, submitted October 10, 2010,
reads as follows:

(A) insignificant increases in the amount of any air contaminant that is authorized by one or more permits by rule under Chapter 106 of this title (relating to Permits by Rule) commission

ex emptions ;

iii. Evaluation and proposed action: In light of revisions that were submitted on October 10, 2010, revising the language of subparagraph (A) and elim inating subparagraph (B), EPA is proposing to withdraw its proposed actions on subparagraphs (A) and (B).

3. Next action: Subparagraph (A) as it appears in the October 10,
2010 submittal will be evaluated and will be addressed in a separate future action.

C. Revision to 30 TAC 116.10(11)(B) – Exclusion of definition for insignificant increases at a permitted facility.

1. Background.

i. This provision was submitted as subparagraph (B) on March 13, 1996. In July 22, 1998, the provision was repealed and resubmitted as 30 TAC 116.10(11)(B).

ii. On September 23, 2009, 74 FR 48450, EPA proposed to disapprove subparagraph (B ) submitted March 13, 1996, and July 22, 1998.

iii. On October 5, 2010, TCEQ submitted a revision that repealed subparagraph (B).

2. Submitted revisions to subparagraph (B).

i. Subparagraph (B), submitted March 13, 1996, and July 22, 1998, that we proposed to disapprove in 2009 read as
follows:

(B) insignificant increases at a permitted facility;TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

8 ii. Subparagraph (B) was repealed in the revision submitted October 10, 2010.

3. Evaluation. The repeal of subpara graph (B) in October 2010, makes any obligation to act on that provision under the BCCA settlement agreement inapplicable.

4. Next action: Because subparagraph (B) was repealed, no further action is needed on this provision.

D. 30 TAC 116.10(9)(C), under the definition of “modification of existing facility” excludes the definition from maintenance or replacement of equipment components that do no t increase or tend to increase
emissions.

1. Background.

i. On March 13, 1996, this provision was submitted as subparagraph (C) under the definition of “modification of existing facility. In the July 22, 1998, submittal, the provision was repealed and resubmitted as 30 TAC 116.10(9)(C).

ii. 30 TAC 116.12 contains an exemption for “routine maintenance, repair, and repl acement” as it applies to nonattainment and prevention of significant deterioration review (i.e., major NSR). The regulatory wording being evaluated in this proposed ac tion applies to minor NSR.

2. Submitted revisions evaluated in this action. As submitted, subparagraph (C) reads as follows:

(C) maintenance or re placement of equipment components that do not increase or tend to increase the amount or change the characteristics of the air contaminants emitted into the atmosphere;

3. Evaluation of Submitted revisions.

i. The submitted subparagraph (C ) mirrors the definition in the Texas Clean Air Act (T CAA). EPA approved this statutory provision into th e Texas SIP on May 31, 1972 (37 FR 10896).

ii. Under subparagraph (C), any maintenance and repair of equipment components that increases emissions, or tends to increase emissions, will be considered a modification
consistent with the introduc tory paragraph of 30 TAC 116.10(11).

iii. Accordingly, the limitation in subparagraph (C) protects against increases in emissions and thereby does not
interfere with attainment or reasonable further progress.TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

9 The definition of “major modification” in section 116.12 has a similarly protective, but different, exclusion for routine maintenance, repair, and replacement.

iv. The existence of a similar exclusion in the section 116.12 that is applicable for Major NSR serves to distinguish the provisions in paragraph (C) from the Major NSR Program and limit its application to Minor NSR.

4. Proposed action. Subparagraph (C) meets and improves upon the federal requirements as descri bed above. Accordingly, we are proposing to approve 30 TAC 116.10(11)(C), as submitted July 22,
1998.

E. 30 TAC 116.10(11)(D), under the defi nition of “modification of existing facility – Exclusion of definition for an increase in annual hours of operation without preconst ruction permit or is exempted from requirement to receive a preconstruction permit.

1. Background. This provision was submitted as subparagraph (D) on March 13, 1996. In the July 22, 1998, submittal, this provision was repealed and resubmitted as 30 TAC 116.10(9) ( D). It was redesignated to 30 TAC 116.10(11) in the September 4, 2002, SIP
submittal.

2. Submitted revisions evaluated in this action. As submitted, subparagraph (D) reads as follows:

(D) an increase in the annual hours of operation unless the existing facility has received a preconstruction permit or has been exempted, under TCAA, §382.057, from preconstruction permit requirements;

3. Evaluation of Submitted revisions.

i. The submitted subparagraph (D) mirrors the definition in the Texas Clean Air Act (T CAA). EPA approved this statutory provision into th e Texas SIP on May 31, 1972 (37 FR 10896).

ii. Subparagraph (D) is simila r to 40 CFR 52.01(d)(2)(ii), which provides that the following is not a modification or
modified source:

(2) The following shall not be considered a change in the method of operation:

* * * * *

(ii) An increase in the hours of operation.

iii. The submitted subparagraph (D) is substantially the same as 40 CFR 52.01(d)(2)(ii).TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

10 iv. Furthermore, subparagraph (D) includes additional language that clarifies that an increase in hours of operation may be a modification for exis ting minor facilities having preconstruction permits or exemptions, under TCAA §382.057 3 from preconstruction permit requirements. This language limits the reach of the exclusion in scenarios where an existing facility is subject to limitations on hours of operation under the terms of a preconstruction permit or an exemption. This is consistent with federal requirements in 40 CFR 52.01(d)(2)(ii).

v. Subparagraph (D) meets and improves upon the federal requirements as described above.

vi. Again, the definition of “major modification” in section 116.12 has a similar, but different, exclusion for an increase in the annual hours of operation. The existence of a similar
exclusion in the section 116.12 th at is applicable for Major NSR serves to distinguish the provisions in paragraph (D) from the Major NSR Program and limit its application to
Minor NSR.

4. Proposed action. Accordingly, we are proposing to approve 30 TAC 116.10(11)(B), as submitted July 22, 1998.

F. 30 TAC 116.10(11)(G) – Exclusion of de finition for certain changes at a natural gas processing facility.

1. Background.

i. This provision was submitted on March 13, 1996. In July 22, 1998, the provision was repealed and resubmitted as 30 TAC 116.10(11)(G).

ii. On September 23, 2009, 74 FR 48450, EPA proposed to disapprove subparagraph (G), as submitted March 13, 1996, and July 22, 1998.

2. Submitted revisions evaluated in this action. As submitted March 13, 1996, and July 22, 1998, as proposed for disapproval on September 23, 2009:

(G) a change in, or change in the method of operation of, a natural gas processing treating, or compression facility, connected to or part of a natural gas gathering or transmission pipe line which does not result in an annual emission rate of any air contaminant in excess of

3 The term “exemptions” is a misnomer. Exemptions in Texas now are called Permits by Rule. An “exemption” since 1972 in Texas and in the Texas SIP, is an authorization to construct and/or modify if
certain conditions are met.TECHNICAL SUPPORT DOCUMENT Revisions to Texas State Implementation Plan Relating to General Definitions

11 the volume emitted at the maximum designed capacity, provided that the facili ty is one for which:

(i) construction or op eration started on or before September 1, 1971, and at which either no modification has occurred after September 1, 1971, or which modifications have occurred only under Chapter 106 of this title; or

(ii) construction star ted after September 1, 1971, and before March 1, 1972, a nd which registered in accordance with TCAA, §383.060, as that section existed prior to September 1, 1971.

3. Evaluation of Submitted revisions. EPA is currently reviewing the proposal on subparagraph (G).

4. EPA will take action on this proposal in the future.TECHNICAL SUPPORT DOCUMENT Appendix A Revisions to Texas State Implementation Plan Relating to General Definitions

i Below is EPA’s evaluation of revisions to 30 TAC 116.10. The evaluation of each section consists of the following:

I. Background. This includes a history of the current SIP and each revision that was submitted to EPA for SIP approval.

II. Evaluation matrix. This is a table which includes the text of the SIP-approve rule, the text of each submitted SIP revision, and an annotation of the changes of each SIP
revision. The revise text is annotated as follows:

• new text is underlined and

• deleted text is struck out

. The right hand column includes any discussi on and evaluation. Any extended comments
are included as “additional comments” which follows the matrix.

III. Additional Comments. Whenever the evaluation of a sp ecific provision of a submitted rule requires greater detail that what is feas ible in this Appendix, the right hand column
includes a reference to Section IV in the ma in TSD. Section IV includes a detailed discussion that relates to specific issues that need extensive evaluation whether a submitted rule meets the applicable requirements for SIP approval.TECHNICAL SUPPORT DOCUMENT Appendix A Revisions to Texas State Implementation Plan Relating to General Definitions

2 I. Background of 30 TAC 116.10.

A. Current SIP. This section is currently SI P-approved. The current SIP was approved April 14, 2010 (75 FR 19467); effective May 14, 2010, as adopted by TNRCC on August 21, 2002; effective Se ptember 4, 2002. The SIP does not include paragraphs (1)-(3), (7)(F), (11), and (16). 4

B. Pending SIP Revisions Reviewed in this Action.

1. March 13, 1996, SIP Revision. Submitted definition of “modification of existing facility,” including the intro ductory paragraph and subparagraphs (A) through (D) and (G). 5

2. July 22, 1998, SIP Revision. Submitted repeal of definition of “modification of existing facility” and the re-adoption of the definition as 30 TAC 116.10(9), including the introductory paragraph and subparagraphs (A) th rough (D) and (G). 6

3. September 4, 2002, SIP Revision. The definition of “modification of existing facility” was redesignated from 30 TAC 116.10(9) to 30 TAC 116.10(11).

II. Evaluation Matrix for 30 TAC 116.10.

Annotation and Evaluation of §116.10 Current SIP as adopted by TCEQ 8/21/2002; Approved at 75 FR 19467 (4/14/2010); Effective 5/14/2010 The SIP does not include paragraphs (1)-(3), (7)(F), and (16). Comments

Current SIP §116.10. General Definitions. No change.

Unless specifically defined in the TCAA or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the TCAA, and in §101.1 of this title (relating to Definitions), the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. No change.

4 Paragraphs (1), (2), (11)(E), and (16) were disapproved on April 14, 2010, 75 FR 19467. Paragraph (11)(F) was disapproved on July 15, 2010, 75 FR 41311. Paragraph (3) was disapproved September 15, 2010, 75 FR 56424. EPA took no action on paragr aph (7)(F) on April 14, 2010, 75 FR 19467 because it to re lates to section 112(g) of the CAA which is outside the scope of the SIP. EPA is not addressing these severable provisions in this action.

5 On September 23, 2009, 74 FR 48450, EPA proposed to disapprove subparagraphs (A), (B), and (G). No action had been proposed or taken on subparagraphs (C) and (D). EPA is addressing these revisions in this action.

6 On September 23, 2009, 74 FR 48450, EPA proposed to disapprove subparagraphs (A), (B), and (G). No action had been proposed or taken on subparagraphs (C) and (D). EPA is addressing these revisions in this action.TECHNICAL SUPPORT DOCUMENT Appendix A Revisions to Texas State Implementation Plan Relating to General Definitions

3 Annotation and Evaluation of §116.10 Current SIP as adopted by TCEQ 8/21/2002; Approved at 75 FR 19467 (4/14/2010); Effective 5/14/2010 The SIP does not include paragraphs (1)-(3), (7)(F), and (16). Comments

Settlement Agreement deadline: 10/31/2011 Submitted 7/22/1998 Rev submitted 9/4/2002

(9) Modification of existing facility – Any physical change in, or change in the method of operation of, a facility in a manner that increases
the amount of air contaminants emitted by the facility into the atmosphere or which results in the emission of any air contaminant not previously emitted. The term does
not include: (11) (9) – Any physical change in, or change in the method of operation of, a facility in a manner that
increases the amount of air contaminants emitted by the facility into the atmosphere or which results in the emission of any air contaminant not previously emitted.
The term does not include: ¶(9) redesignated to ¶(11). The introductory paragraph to ¶(11) meets the requirements of the CAA and 40 part CFR 51. See section IV.A of this TSD for a detailed evaluation.

Settlement Agreement deadline: 10/31/2011 Submitted 7/22/1998

(C) maintenance or replacement of equipment components that do not increase or tend to increase the amount or change the characteristics of the air contaminants emitted into the atmosphere; Subparagraphs (C) and (D) meet the requirements of the CAA and 40 part CFR
51. See sections IV.D and E of this TSD for a detailed evaluation. (D) an increase in the annual hours of operation unless the existing facility has received a preconstruction permit or has been exempted, under TCAA, §382.057, from preconstruction permit requirements;