TECHNICAL SUPPORT DOCUMENT 

Revisions to Texas State Implementation Plan Relating to General Definitions 

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I. Introduction 

A. Overview. This Technical Support Document (TSD) is a technical 

evaluation of submitted revisions to the Texas State Implementation Plan 

(SIP). Specifically, this is the evaluation of SIP revisions to Title 30 of the 

Texas Administrative Code (30 TAC), Chapter 116 – Control of Air 

Pollution by Permits for New Construction or Modification. This includes 

SIP revisions submitted March 13, 1996; July 22, 1998; and September 4, 

2002. These SIP submittals include 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 “modification 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revised 30 TAC 116.10(11)(A) and repealed 30 TAC 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 provisions of 30 TAC 116.10:

1. 30 TAC 116.10(11)(E), that was redesignated 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 redesignated 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 was 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 reviewing this provision and it will be 

addressed in a final action on subparagraph (G). 

 1

 In the July 22, 1998, SIP submittal, Texas repealed and replaced the March 13, 1996, submittal of 

section 116.10. 
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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, EPA 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 below are currently pending before EPA for 

action. Table 2 identifies details of what portions of these sections are reviewed 

for this proposed action.

Table 1. Summary of Pending SIP Submittals 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 Redesignated 30 TAC 116.10(9) to 30 

TAC 116.10(11) 

Table 2. Summary of Individual Revisions 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) 
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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 does 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 detailed discussion of 

specific provisions that relate to specific issues that require extensive 

discussion concerning whether they meet applicable requirements for SIP 

approval.

C. Each rule is reviewed for compliance 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 State after reasonable notice and 

public hearing. The Administrator shall not approve a 

revision of a plan if the revision 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; or 
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(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 application 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 control strategy; or 

(2) It will interfere with the attainment or 

maintenance of a national standard. 

4. Other applicable requirements of the Act and 40 CFR part 51 will 

be identified in the evaluation where appropriate.

IV. Detailed Discussion Relating to Specific Provisions of the Submitted Rules 

A. Submittal of 30 TAC 116.10(11) – Definition 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 emission 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 “modification 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. ... 
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ii. The regulatory definition of “modification of existing 

facility was first submitted March 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 review (i.e., major NSR). The 

regulatory definition being evaluated 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 chapter or which results 

in the emission of any such pollutant not 

previously emitted, * * * 
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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 section 116.12 – Nonattainment and 

Prevention of Significant Review Definitions – that is 

applicable for Major NSR2

 serves to distinguish the 

provisions in the introductory paragraph from the Major 

NSR Program and limit its application 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 CFR 52.01(d). It is therefore as 

protective as federal rules in preventing circumvention of major 

NSR and would expectedly not interfere in the state’s control 

strategies or in its attainment or maintenance of the NAAQS. We 

are proposing to approve the introductory 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 Significant 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. 
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2. Submitted revisions to subparagraph (A). 

i. Subparagraph (A), submitted March 13, 1996, and July 22, 

1998, that we proposed to disapprove 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 

exemptions; 

iii. Evaluation and proposed action: In light of revisions that 

were submitted on October 10, 2010, revising the language 

of subparagraph (A) and eliminating 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;
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ii. Subparagraph (B) was repealed in the revision submitted 

October 10, 2010.

3. Evaluation. The repeal of subparagraph (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 not 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 replacement” as it applies to 

nonattainment and prevention of significant deterioration 

review (i.e., major NSR). The regulatory wording being 

evaluated in this proposed action applies to minor NSR. 

2. Submitted revisions evaluated in this action. As submitted, 

subparagraph (C) reads as follows:

(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; 

3. Evaluation of Submitted revisions. 

i. The submitted subparagraph (C) mirrors the definition in 

the Texas Clean Air Act (TCAA). EPA approved this 

statutory provision into the 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 introductory 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. 
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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 described 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 definition of “modification of 

existing facility – Exclusion of definition for an increase in annual 

hours of operation without preconstruction 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 (TCAA). EPA approved this 

statutory provision into the Texas SIP on May 31, 1972 (37 

FR 10896). 

ii. Subparagraph (D) is similar 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). 
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iv. Furthermore, subparagraph (D) includes additional 

language that clarifies that an increase in hours of operation 

may be a modification for existing minor facilities having 

preconstruction permits or exemptions, under TCAA 

§382.0573

 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 that 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 definition 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 pipeline 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. 
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the volume emitted at the maximum designed capacity, 

provided that the facility is one for which: 

(i) construction or operation 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 started after September 1, 

1971, and before March 1, 1972, and 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. 
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Appendix A 

Revisions to Texas State Implementation Plan Relating to General Definitions 

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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 discussion and evaluation. Any extended comments 

are included as “additional comments” which follows the matrix. 

III. Additional Comments. Whenever the evaluation of a specific provision of a submitted 

rule requires greater detail that what is feasible in this Appendix, the right hand column 

includes a reference to Section IV in the main 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 

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I. Background of 30 TAC 116.10. 

A. Current SIP. This section is currently SIP-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 September 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 introductory 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) through (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 paragraph (7)(F) on April 14, 2010, 75 FR 19467 because it to relates 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 

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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;