1 

Technical Support Document 

Revisions to the Texas State Implementation Plan for General Permitting 

Definitions and the Qualified Facilities Program 

Rule Project Number 2010-006-116-PR 

April 20, 2016 

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

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

75202-2733, (214) 665-2115. 

 
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Subject: Review of Revisions to the Texas State Implementation Plan for General 

Permitting Definitions and the Qualified Facilities Program 

Contents 

I. Executive Summary ................................................................................................................ 3

A. What actions are evaluated in this Technical Support Document? .................................. 3

B. What is not addressed in this TSD? ................................................................................. 3

II. Summary of State Submittal ................................................................................................... 7

A. Revisions to the General Definitions of the Texas SIP .................................................... 7

B. Revisions to the Texas Minor NSR Program for the Qualified Facilities Program ......... 7

III. Technical Evaluation ........................................................................................................... 9

A. Part 51, Appendix V Evaluation of the October 5, 2010, SIP Submittal ....................... 10

B. Evaluation of the Revisions to the Texas NSR General Definitions Submitted on 

October 5, 2010 ......................................................................................................................... 15

1. Approval history of 30 TAC Section 116.10 – General Definitions .......................... 15

2. Preliminary Determination of the Revisions to the Texas General Definitions at 30 

TAC Section 116.10.............................................................................................................. 26

C. Evaluation of the Texas Qualified Facilities Program ................................................... 28

1. Evaluation of the Texas Qualified Facilities Program as a Minor NSR Program ...... 28

2. Evaluation of the October 5, 2010 Revisions to the Texas SIP for the Texas Qualified 

Facilities Program ................................................................................................................. 32

3. Evaluation of How the October 5, 2010 Submittal Addresses the EPA’s June 7, 2010 

Comment Letter on Qualified Facilities ............................................................................... 42

4. Evaluation of How the October 5, 2010 Submittal Addresses the EPA’s April 14, 

2010 Disapproval .................................................................................................................. 51

D. Evaluation of the October 5, 2010, Texas SIP Submittal with respect to Clean Air Act 

Section 110(l) ............................................................................................................................ 54

IV. Conclusion ......................................................................................................................... 55

 
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I. Executive Summary 

A. What actions are evaluated in this Technical Support Document? 

This technical support document (TSD) reviews revisions to the Texas State Implementation 

Plan (SIP) for the general permitting definitions and the Qualified Facilities program submitted 

on October 5, 2010. This review will determine if the revisions to the SIP are consistent with the 

requirements of the Clean Air Act and EPA’s policy and guidance. 

October 5, 2010 

 On September 15, 2010, the Texas Commission on Environmental Quality (TCEQ) adopted 

amendments to the Texas Qualified Facility Minor NSR program to address deficiencies 

identified in EPA’s final disapproval from April 14, 2010. These revisions became effective 

on October 7, 2010. The TCEQ also adopted revisions to the general permitting definitions. 

 The adopted revisions were submitted as revisions to the Texas SIP on October 5, 2010, in a 

letter from Mr. Bryan W. Shaw, PhD., Chairman of the TCEQ. The October 5, 2010, 

submittal included the following revisions to Title 30 of the Texas Air Code (30 TAC): 

o Amendments to Section 116.10 [not including Section 116.10(5)(F)], 

o New Section 116.17, 

o Amendments to Section 116.111 [not including Section 116.111(a)(2)(K)], 

o Amendments to Section 116.116 [not including Section 116.116(b)(3)], and 

o Amendments to Section 116.117 [not including Section 116.117(a)(4)(B)]. 

March 25, 2011 

 Mr. Bryan W. Shaw, Ph.D., P.E., Chairman of the TCEQ, submitted a clarification letter for 

the October 5, 2010, Qualified Facilities Program SIP submittal on March 25, 2011. 

 In this letter, the TCEQ requested that the EPA consider the Qualified Facilities program as 

submitted on October 5, 2010, as well as the previous submittals that established the base 

program. The TCEQ provided the prior submittals for our reference. The prior submittals 

included: March 13, 1996; July 22, 1998; September 11, 2000 and September 4, 2002. 

 The TCEQ also noted that 30 TAC Section 116.118 had been repealed in a separate 

rulemaking on February 23, 2011. However, since EPA had disapproved 30 TAC Section 

116.118 on April 14, 2010, the TCEQ was not submitting the repeal as a SIP revision and 

does not consider that 30 TAC Section 116.118 is still before us for review. 

B. What is not addressed in this TSD? 

Portions of the October 5, 2010, submittal have been addressed by EPA in separate rulemaking 

actions. 

 EPA has approved the October 5, 2010, revisions to 30 TAC Section 116.111. See the 

TSD and the November 10, 2014, final approval for the Texas GHG PSD SIP. 79 FR 

66626, EPA-R06-OAR-2013-0808. 

 EPA has separately approved the revisions to the definition of “modification of existing 

facility” at 30 TAC Section 116.10(9)(E) with respect to Flexible Permits. See our July 
4 

14, 2014, final conditional approval of the Texas Flexible Permits Program, 79 FR 40666 

and electronic docket, EPA-R06-OAR-2013-0542. 

Table 1: Revisions to the Texas SIP Reviewed in this Action 

Section Title Submittal Date Adoption Date EPA Action 

30 TAC Section 

116.10 

General Definitions 

– Opening 

paragraph 

10/05/2010 09/15/2010 Reviewed in this 

action. 

30 TAC Section 

116.10(1) 

Actual Emissions 10/05/2010 09/15/2010 Deletion of 

definition reviewed 

in this action. 

30 TAC Section 

116.10(2) 

Allowable 

Emissions 

10/05/2010 09/15/2010 Deletion of 

definition reviewed 

in this action. 

30 TAC Section 

116.10(1) 

Best Available 

Control Technology 

10/5/2010 9/15/2010 EPA disapproved 

BACT at 30 TAC 

Section 116.10(3) 

on 09/15/2010. The 

October 5, 2010 

revision is a new 

definition 

30 TAC Section 

116.10(2) 

Dockside Vessel 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(3) 

Dockside Vessel 

Emissions 

10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(4) 

Facility 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(5) 

Federally 

enforceable 

10/5/2010 9/15/2010 Non-substantive 

edits and 

renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. Note that 30 

TAC Section 

116.10(5)(F) is 

NOT part of the 

Texas SIP. 

30 TAC Section 

116.10(6) 

Grandfathered 

facility 

10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(7) 

Lead smelting plant 10/5/2010 9/15/2010 Renumbering of 

existing SIP-
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Table 1: Revisions to the Texas SIP Reviewed in this Action 

approved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(8) 

Maximum 

allowable emissions 

rate table (MAERT) 

10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(9) 

Modification of 

Existing Facility 

03/13/1996 2/14/1996 Reviewed in this 

07/22/1998 06/17/1998 action. 

09/11/2000 08/09/2000 

09/04/2002 08/21/2002 

10/5/2010 9/15/2010 

30 TAC Section 

116.10(10) 

New Facility 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(11) 

New source 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(12) 

Nonattainment area 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(13) 

Public notice 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.10(14) 

Qualified facility 10/5/2010 9/15/2010 Reviewed in this 

action. 

30 TAC Section 

116.10(15) 

Source 10/5/2010 9/15/2010 Renumbering of 

existing SIPapproved definition. 

Reviewed in this 

action. 

30 TAC Section 

116.17 

Qualified Facility 

Definitions 

10/05/2010 09/15/2010 Reviewed in this 

action. 

30 TAC Section 

116.111 

General Application 10/05/2010 09/15/2010 Approved by EPA 

on 11/14/2014. See 

79 FR 66626. 

Note that 30 TAC 

Section 

116.111(a)(2)(I) is 

in the SIP as of 

8/21/2002. 

The SIP does not 

include 30 TAC 
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Table 1: Revisions to the Texas SIP Reviewed in this Action 

Section 

116.111(a)(2)(K) 

30 TAC Section 

116.116(e) 

Changes at 

Qualified Facilities 

3/13/1996 2/14/1996 Disapproved 

4/14/2010. See 71 

FR 19468 

07/22/1998 06/17/1998 Disapproved 

4/14/2010. See 71 

FR 19468 

10/05/2010 09/15/2010 Reviewed in this 

action. 

30 TAC Section 

116.117 

Documentation and 

Notification of 

Changes to 

Qualified Facilities 

3/13/1996 2/14/1996 Disapproved 

4/14/2010. See 71 

FR 19468 

07/22/1998 06/17/1998 Disapproved 

4/14/2010. See 71 

FR 19468 

10/05/2010 09/15/2010 Reviewed in this 

action. 

30 TAC Section 

116.118 

Pre-Change 

Qualification 

3/13/1996 2/14/1996 Disapproved 

4/14/2010. See 71 

07/22/1998 06/17/1998 FR 19468 

30 TAC Section 

116.311 

Permit Renewal 

Application 

(a)(1) as submitted 

07/22/1998 

06/17/1998 Reviewed in this 

action. 

Renumbered to 

(a)(2) 09/04/2002 

08/21/2002 Reviewed in this 

action. 
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II. Summary of State Submittal 

A. Revisions to the General Definitions of the Texas SIP 

On October 5, 2010, the TCEQ submitted revisions to the General Definitions for the Texas SIP. 

These General Definitions apply to all Texas air permitting activities, major and minor. The 

TCEQ has submitted substantive revisions to the definition of “BACT” that is used for all Texas 

permit actions, including minor NSR, and the definition of “modification of existing facility” to 

clarify scope and implementation of the Texas Minor NSR program. TCEQ has also submitted 

several non-substantive changes to address formatting concerns and renumbering of the section. 

B. Revisions to the Texas Minor NSR Program for the Qualified Facilities Program 

On April 14, 2010, EPA finalized a disapproval of the Texas Qualified Facilities program as 

submitted by the TCEQ on March 13, 1996 and revised on July 22, 1998. See 75 FR 19468. 

Specifically, our disapproval covered the following regulations under 30 TAC Chapter 116: 

 30 TAC Section 116.116(e) – Changes at Qualified Facilities, in its entirety as submitted 

March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998; 

 30 TAC Section 116.117 – Documentation and Notification of Changes to Qualified 

Facilities, in its entirety as submitted March 13, 1996 and repealed and re-adopted June 17, 

1998 and submitted July 22, 1998; 

 30 TAC Section 116.118 – Pre-Change Qualification, in its entirety as submitted March 

13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998; 

 the definitions of “actual emissions” at 30 TAC Section 116.10(1) as submitted March 13, 

1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998; 

 the definition of “allowable emissions” at 30 TAC Section 116.10(2) as submitted March 

13, 1996; repealed and re-adopted June 17, 1998 and submitted July 22, 1998; and 

submitted September 11, 2000; 

 the definition of “modification of existing facility” at 30 TAC Section 116.10(11)(E) as 

submitted March 13, 1996; repealed and re-adopted June 17, 1998 and submitted July 22, 

1998; and submitted September 4, 2002; and 

 the definition of “qualified facility” at 30 TAC Section 116.10(16) as submitted March 13, 

1996; repealed and re-adopted June 17, 1998 and submitted July 22, 1998; and submitted 

September 4, 2002. 

On October 5, 2010, the TCEQ submitted revisions to the Texas SIP to revise the Minor NSR 

Qualified Facilities program to address the flaws identified in the EPA’s April 14, 2010 

disapproval. Because the EPA has already finally disapproved the prior Qualified Facilities 

program, we will evaluate the October 5, 2010 revision as a new program submitted to the Texas 

SIP. On March 25, 2011, the TCEQ resubmitted the prior SIP revisions pertaining to the 

Qualified Facilities program – specifically, the submittals dated March 13, 1996; July 22, 1998; 

September 11, 2000; and September 4, 2002. The EPA is not revaluating the portions of these 

submittals that have already been disapproved because these specific provisions are no longer in 

front of us, but we will rely on the state’s record in the development of the revised Qualified 

Facilities program for our program evaluation. 
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The October 5, 2010 SIP submittal included the following new provisions to establish and 

implement the Minor NSR Qualified Facility Program: 

 30 TAC Section 116.17 – Qualified Facility Definitions 

TCEQ has submitted a new section containing definitions specific to the Qualified 

Facility program. These new definitions are “actual emissions”, “allowable emissions”, 

and “revision”. 

 30 TAC Section 116.111 – General Application 

TCEQ submitted substantive revisions clarifying the implementation of BACT – the 

Texas air permitting program applies BACT to all permitted actions; State BACT is 

applied to all actions, including minor NSR, and federal BACT is applied to PSD actions. 

EPA has approved these revisions in a separate action on November 10, 2014 at 79 FR 

66626. 

 30 TAC Section 116.116 – Changes to Facilities 

TCEQ submitted new section to 30 TAC Section 116.116(e) specific to the Qualified 

Facilities program to address the concerns in EPA’s April 14, 2010, final disapproval. 

Specifically, the submitted changes require that a Qualified Facility have an existing 

permit or authorization under Chapters 106 and 116 and a separate netting analysis will 

be conducted for each proposed change to demonstrate that the change is not subject to 

major source permitting requirements under PSD and NNSR. 

 30 TAC Section 116.117 – Documentation and Notification of Changes to Qualified 

Facilities 

TCEQ submitted new 30 TAC Section 116.117 to identify the documentation and 

notification requirements that must be used by all qualified facilities. 

 
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III. Technical Evaluation 

The October 5, 2010, SIP submittal establishing the Texas Minor NSR Qualified Facilities 

Program is evaluated for compliance with the relevant requirements of the Act and Title 40 of 

the Code of Federal Regulations (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 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 chapter 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 the chapter.

3. 40 CFR 51.160 – Legally enforceable procedures. The regulatory text of 40 CFR 51.160 

is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.1&idno=40

4. 40 CFR 51.161 – Public availability of information. The regulatory text of 40 CFR 

51.161 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=4

0:2.0.1.1.2.6.8.2&idno=40

5. Other applicable requirements of the Act, 40 CFR part 51, and applicable policy and 

guidance will be identified in the evaluation where appropriate. 

Specifically, the October 5 2010, submittal is first reviewed for completeness as a SIP submittal 

under Part 51, Appendix V. This will be followed by a detailed analysis of the submitted 

revisions with respect to the SIP-approved definitions and permitting provisions to determine 

consistency with EPA regulations, guidance and whether the submitted provisions interfere with 

any applicable CAA provisions. This analysis produces a written evaluation used to make a 

determination of whether or not the October 5, 2010 SIP revision establishing the Texas Minor 

NSR Qualified Facilities Program is in agreement with the CAA, other EPA policies or 

guidance. 

 
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A. Part 51, Appendix V Evaluation of the October 5, 2010, SIP Submittal 

The criteria for completeness determination are found in Appendix V to Part 51 - Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a 

State implementation plan submitted for consideration by EPA is an official submission 

for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying 

the component(s) absent or insufficient to perform a review of the submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no 

later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 

months from receipt. A determination of completeness under this paragraph means that 

the submission is an official submission for purposes of §51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.
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SIP Completeness Checklist for the October 5, 2010, SIP Submittal 

Rule Log No: 2010-006-116-PR 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision. 

The SIP revision was submitted by a letter from Bryan W. Shaw, Ph.D., Chairman of the 

TCEQ, dated October 5, 2010. The SIP submittal was received by EPA Region 6 Air 

Planning Section on October 8, 2010. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions were adopted by the TCEQ on September 15, 2010, and became effective 

October 7, 2010. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Texas State Implementation is found in the 

Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code. 

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. 

 

The October 5, 2010, submittal included a copy of the official State regulation document, 

submitted by Chairman Shaw. 

5. Evidence is included that the State followed all the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 
12 

6. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by EPA, including the date of publication of such notice, 

(e.g., notarized or certified copies of any public notices published in newspapers). (The 

notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearings were published in the following newspapers on the date listed: 

 Austin American Statesman: April 2, 2010 

 Fort Worth Star-Telegram: April 2, 2010 

 Houston Chronicle: April 2, 2010 

TCEQ conducted a public hearing in Austin, Texas, on May 10, 2010. 

TCEQ also provided publication in the Texas Register of the public hearing on April 16, 

2010 at 35 TexReg 3092 and of the proposed rules at 35 TexReg 2978. 

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

An order adopting revisions to the SIP was included. This order states that the public 

hearing was conducted pursuant to Texas Health and Safety Code § 382.017, Texas 

Government Code Chapter 2001, and 40 CFR § 51.102. 

8. A compilation of public comments and the State's response is included. 

The SIP submittal package did include a compilation of comments and the State’s 

response to comments. TCEQ received written testimony from 6 parties during the 

comment period, including EPA Region 6. No oral comments were received. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request package. 

1. Identification of all regulated pollutants affected by the revision is included. 

The SIP submittal revises the Texas Minor NSR program to include the Qualified 

Facilities Program. This program applies to all pollutants. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

The Texas Minor NSR Qualified Facilities Program is available to all stationary sources, 

statewide, that already have a Chapter 116 permit or a Permit By Rule under Chapter 

106. 
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3. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

 Allowable emissions will be established for each source in the applicable permits. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and 

implemented. 

For a stationary source to obtain a Qualified Facilities authorization, the source must 

already have an existing permit and must demonstrate that the revision is not subject to 

major NSR permitting requirements. Therefore, the NAAQS and PSD increments will be 

protected by virtue that permit process requires a minor action. 

5. FOR REDESIGNATIONS: 

 a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support the analysis and review of the proposed 

public notice and participation provisions. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

Appropriate emission limitations will be established in individual permits. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels. 
14 

Appropriate recordkeeping/reporting requirements will be established in each permit. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

Compliance/enforcement strategies are not applicable to this SIP submittal. Any source 

using the Qualified Facilities Progrma already has a Chapter 106 or 116 permit, which 

includes compliance/enforcement strategies. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

 These justifications are not necessary for this SIP revision. 

The October 5, 2010, SIP submittal (Rule Project No. 2010-020-101-PR) meets the 

completeness criteria established in 40 CFR part 51, Appendix V.
B. Evaluation of the Revisions to the Texas NSR General Definitions Submitted on October 5, 2010 

1. Approval history of 30 TAC Section 116.10 – General Definitions TCEQ has revised 30 TAC Section 116.10 in 5 separate rulemakings submitted on March 13, 1996; July 22, 1992000; September 4, 2002; and October 5, 2010. We note the July 22, 1998 submittal repealed and replaced the Msubmittal. EPA concludes that the March 13, 1996 action resubmitted on March 25, 2011 is not before EPA for rrepeal and replacement. Our analysis of 30 TAC Section 116.10 will focus on the initial adoption submitted July 22, 1998 and the revisio

September 11, 2000; September 4, 2002; and October 5, 2010. EPA has taken several SIP actions on components of 30 TAC Section 116.10 throughout the years. 

 EPA’s initial approval of 30 TAC Section 116.10 was published on September 18, 2002 at 67 FR 58697. 

the definitions for “federally enforceable”, “lead smelting plant,” “new source,” “nonattainment area,” an

the SIP at 30 TAC Section 116.10(5), (7), (11), (12), (13) and (15), respectively. This action addressed re

the State on June 17, 1998 and submitted on July 22, 1998. 

 EPA approved revisions to the general definitions at 30 TAC Section 1160.10 on August 28, 2007 at 72 F

approved the definitions of “dockside vessel,” “dockside vessel emissions,” “federally enforceable,” “lea“new source,” “nonattainment area,” “public notice,” and “source” at 30 TAC Sections 116.10(4), (5), (7

– (15) respectively. This action addressed revisions initially adopted by the State on June 17, 1998 and su

1998 and revised through the September 4, 2002 submittal. EPA’s SIP-approval does not include 30 TAC (2), (3), (6), (7)(F), (8), (10), (11), (12), and (16). See the docket at EPA-R06-OAR-2007-0285. 

 EPA approved additional portions of 30 TAC Section 116.10 on April 14, 2010 at 75 FR 19468. As a res

SIP then contained the definitions for “dockside vessel,” “dockside vessel emissions,” “facility,” “federal

“grandfathered facility,” “lead smelting plant,” “maximum allowable emissions rate table (MAERT),” “nsource,” “nonattainment area,” “public notice,” and “source” 30 TAC Sections 116.10(4), (5), (6), (7)(A

(10), (12), (13) – (15) and (17)as initially adopted on June 17, 1998 and submitted July 22, 1998 and reviSeptember 4, 2002 submittal. EPA’s SIP-approval does not include 30 TAC Sections 116.10 (1), (2), (3), 

See the docket at EPA-R06-OAR-2005-TX-0025. 

 On September 15, 2010, EPA disapproved the definition of “BACT” at 30 TAC Section 116.10(3) as ado

and submitted on July 22, 1998. See 75 FR 56424, EPA-R06-OAR-2005-TX-0025. 
16 

 EPA approved additional portions of 30 TAC Section 116.10 on November 17, 2011 at 76 FR 71260. As 

the SIP then contained the definitions for “dockside vessel,” “dockside vessel emissions,” “facility,” “fed“grandfathered facility,” “lead smelting plant,” “maximum allowable emissions rate table (MAERT),” “mexisting facility,” “new facility,” “new source,” “nonattainment area,” “public notice,” and “source” 30 T116.10(4), (5), (6), (7)(A) – (7)(E), (8), (9), (10), (11) introductory paragraph, (11)(C), and (11)(D), (12), 

as initially adopted on June 17, 1998 and submitted July 22, 1998 and revised through the September 4, 2same action, EPA disapproved 30 TAC Sections 116.10(11)(G). EPA’s SIP-approval does not include 30 (2), (3), (7)(F), (11)(A), (11)(B), (11)(E), (11)(F), (11)(G),and (16). See the docket at EPA-R06-OAR-20

 On July 14, 2014, EPA approved portions of the revisions adopted on September 15, 2010 and submitted 

79 FR 40666. Specifically, EPA approved 30 TAC Section 116.10(9)(E), previously submitted as 116.10because of renumbering. See the docket for Flexible Permits at EPA-R06-OAR-2013-0542. 

 Note that the current version of the state approved General Definitions is adopted from September 15, 20

5, 2010. This is the version of the general definitions submitted for SIP approval on October 5, 2010. Thiupdate the SIP to be consistent with the current state adopted general definitions and remove a SIP-gap. 

The following table summarizes the revisions submitted by TCEQ and whether EPA has taken action on the revi

Table 2: Evaluation of 30 TAC Section 116.10 

Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s ACurrent SIP-Approved Language 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.

Revision adopted September 15, 2010 Submitted October 5, 2010 Unless specifically defined in the Texas Clean Air Act (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.

Non-substintroductoan acronymRevision i

Revision adopted September 15, 2010 Submitted October 5, 2010 (1). Actual emissions – The highest rate of emissions of an air contaminant actually achieved from a qualified facility within the 120-month period prior to the change. This rate cannot exceed any applicable federal or state emissions limitation. This definition applies only when determining whether there has been a net increase in allowable emissions under § 116.116(e) of this title (relating to Changes to Facilities).

EPA disap“actual emSection 112010. See 
17 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

Revision dwas not in This deletNote that bdefinition specific to program, isection 11discussed 

Revision adopted September 15, 2010 Submitted October 5, 2010 (2). Allowable emissions – The authorized rate of emissions of an air contaminant from a facility as determined in accordance with this section. This rate cannot exceed any applicable state or federal emissions limitation. This definition applies only when determining whether there has been a net increase in allowable emissions under § 116.116(e) of this title. 

A. Permitted facility – For a facility with a permit under this chapter, the allowable emissions shall be any 

emission limit established in the permit on a maximum allowable emissions rate table and any emission limit contained in representations in the permit application which was relied upon in issuing the permit, plus any allowable emissions authorized under Chapter 106 of this title (relating to Permits by Rule). 

B. Facility permitted by rule – For a facility operating under Chapter 106 of this title, the allowable emissions 

shall be the least of the emissions rate allowed in Chapter 106, Subchapter A of this title (relating to General Requirements), the emissions rate specified in the applicable permit by rule, or the federally enforceable emission rate established on a PI-8 form. 

C. Qualified grandfathered facility – For a qualified grandfathered facility, the allowable emissions shall be the 

maximum annual emissions rate after the implementation of any air pollution control methods to become a qualified facility, plus 10% of the maximum annual emission rate prior to the implementation of such control methods, but in no case shall the allowable emissions be greater than the maximum annual emissions rate prior to the implementation of such control methods. The maximum annual emissions rate is the emissions rate at the maximum annual capacity according to the physical or operational design of the facility, data from actual operations over a period of no more than 12 months that demonstrates the maximum annual capacity, or other information that demonstrates the maximum annual capacity. Except where a grandfathered facility has been modified, the allowable emissions for the modification shall be determined as a permitted facility. 

D. Standard permit facility – For a facility authorized by a standard permit, other than § 116.617(2) of this title 

(relating to Standard Permits for Pollution Control Projects), the allowable emissions shall be the maximum emissions rate represented in the registration to use the standard permit. 

EPA disap“allowable Section 112010. See Revision dwas not in This deletNote that bdefinition is specific program, isection 11discussed 
18 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

E. Special exemption facility – For a facility operating under a special exemption, the allowable emissions shall be 

the emissions rate represented in the original special exemption request. 

F. The allowable emissions for a qualified facility shall not be adjusted by the voluntary installation of controls.

Revision adopted September 15, 2010 Submitted October 5, 2010 

1. (3) Best available control technology (BACT) – An air pollution control method for a new or modified facility that 

through experience and research, has proven to be operational, obtainable, and capable of reducing or eliminating emissions from the facility, and is considered to be technically practical and economically reasonable for the facility. The emissions reduction can be achieved through technology such as the use of add-on control equipment or by enforceable changes in production processes, systems, methods, or work practices. BACT with consideration given to the technical practicability and the economic reasonableness of reducing or eliminating emissions from the facility.

EPA disap“BACT” a116.10(3) 1998 and 1998 on S75 FR 564disapprovBACT defreview is tOctober 5The Octobrenumbere“BACT” t116.10(1)definition EPA) was addresses in the 201this reviseconjunctiosubmitted General A30 TAC Sensures thapplied to or modificdefined at 116.10(1)) permitting cannot truevaluate athe SIP aprequireme116.160(c
19 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

approval oTAC 116.February our approv2014. See These revi

Current SIP-Approved Language 

4. Dockside vessel -- Any water-based transportation, 

platforms, or similar structures which are connected or moored to the land.

Revisions adopted September 15, 2010 Submitted October 5, 2010 

2. (4) Dockside vessel -- Any water-based transportation, 

platforms, or similar structures which are connected or moored to the land.

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

5. Dockside vessel emissions -- Those emissions 

originating from a dockside vessel that are the result of functions performed by onshore facilities or using onshore equipment. These emissions include, but are not limited to: 

A. loading and unloading of liquid bulk materials; 

B. loading and unloading of liquified gaseous 

materials; 

C. loading and unloading of solid bulk materials; D. cleaning and degassing of liquid vessel 

compartments; and 

E. abrasive blasting and painting.

Revisions adopted September 15, 2010 Submitted October 5, 2010 

3) (5) Dockside vessel emissions -- Those emissions 

originating from a dockside vessel that are the result of functions performed by onshore facilities or using onshore equipment. These emissions include, but are not limited to: 

a. loading and unloading of liquid bulk materials; b. loading and unloading of liquified gaseous 

materials; 

c. loading and unloading of solid bulk materials; d. cleaning and degassing of liquid vessel 

compartments; and 

e. abrasive blasting and painting. 

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

6) Facility - 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. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

4) (6) Facility - 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. 

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

7. Federally enforceable -- All limitations and conditions 

which are enforceable by the EPA, including: 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

5) (7) Federally enforceable -- All limitations and 

conditions which are enforceable by the United 

Non-substSIP-approfor section the acrony
20 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

A. those requirements developed under Title 40 of 

the Code of Federal Regulations (CFR) parts 60 and 61 (40 CFR 60 and 61); 

B. Chapter 113, Subchapter C of this title (relating 

to National Emission Standards for Hazardous Air Pollutants for Source Categories (FCAA, §112, 40 CFR 63)); 

C. requirements within any applicable state 

implementation plan (SIP); 

D. any permit requirements established under 40 

CFR §52.21; 

E. any permit requirements established under 

regulations approved under 40 CFR Part 51, Subpart I, including permits issued under the EPA-approved program that is incorporated into the SIP and that expressly requires adherence to any permit issued under such program; or 

F. NOT IN SIP.

States Environmental Protection Agency (EPA), 

including: 

A. those requirements developed under Title 40 of the 

Code of Federal Regulations (CFR) parts 60 and 61 (40 CFR 60 and 61); 

B. Chapter 113, Subchapter C of this title (relating to 

National Emission Standards for Hazardous Air Pollutants for Source Categories (FCAA, §112, 40 CFR 63)); 

C. requirements within any applicable state 

implementation plan (SIP); 

D. any permit requirements established under 40 CFR 

§52.21; 

E. any permit requirements established under 

regulations approved under 40 CFR Part 51, Subpart I, including permits issued under the EPA-approved program that is incorporated into the SIP and that expressly requires adherence to any permit issued under such program; or 

F. NOT SUBMITTED TO THE SIP. 

This revisIn a letter EPA retur116.10(5)September to the SIPthe provis112(g) of the scope provision renumbere116.10(7)Section 11not resubm116.10(5)September October 5outside the not before 

Current SIP-Approved Language 

8. Grandfathered facility - Any facility that is not a new 

facility and has not been modified since August 30, 1971. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

6) (8) Grandfathered facility - Any facility that is not a 

new facility and has not been modified since August 30, 1971. 

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

9. Lead smelting plant -- Any facility which produces 

purified lead by melting and separating lead from metal and nonmetallic contaminants and/or by reducing oxides into elemental lead. Raw materials consist of lead concentrates, lead-bearing ores or lead scrap, drosses, or other lead-bearing residues. Additional processing may include refining and alloying. A facility which only remelts lead bars or ingots for casting into lead products is not a lead smelting plant. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

7) (9) Lead smelting plant -- Any facility which 

produces purified lead by melting and separating lead from metal and nonmetallic contaminants and/or by reducing oxides into elemental lead. Raw materials consist of lead concentrates, lead-bearing ores or lead scrap, drosses, or other lead-bearing residues. Additional processing may include refining and alloying. A facility which only remelts lead bars or ingots for casting into lead products is not a lead smelting plant. 

Non-substSIP-approfor section This revis
21 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s ACurrent SIP-Approved Language 

10. Maximum allowable emissions rate table (MAERT) - 

A table included with a preconstruction permit issued under this chapter that contains the allowable emission rates established by the permit for a facility. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

8) (10) Maximum allowable emissions rate table 

(MAERT) - A table included with a preconstruction permit issued under this chapter that contains the allowable emission rates established by the permit for a facility. 

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

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 any air contaminant emitted by the facility into the atmosphere or that results in the emission of any air contaminant not previously emitted. The term does not include

Revisions adopted September 15, 2010 Submitted October 5, 2010 

9. (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 any air contaminant emitted by the facility into the atmosphere or that results in the emission of any air contaminant not previously emitted. The term does not include:

The renumof “modififacility” fr116.10(11116.10(9) change. The renum

Definition of “Modification of existing facility” continued... Revisions adopted June 17, 1998 Submitted July 22, 1998 

A. Insignificant increases in the amount of any air 

contaminant emitted that is authorized by one or more commission exemptions;

Definition of “Modification of existing facility” continued... Revisions adopted September 15, 2010 Submitted October 5, 2010 

A. Insignificant increases in the amount of any air 

contaminant emitted that is authorized by one or more permits by rule under Chapter 106 of this 

title (relating to Permits by Rule) commission exemptions

EPA has tthe sub-pa“modificathat specifthrough a for in the mexisting faparagraph 22, 1998, the Octoberemove an to the term exemptionexemptionby the PBbeen SIP-64543). Wto facilitieto major s(PSD or Nas a PBR. emissions 
22 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

from the dof a facilitrequireme116.10(9)This revis

Definition of “Modification of existing facility” continued... Revisions adopted June 17, 1998 Submitted July 22, 1998 

B. Insignificant increases at a permitted facility; 

Definition of “Modification of existing facility” continued... Revisions adopted September 15, 2010 Submitted October 5, 2010 

B. Insignificant increases at a permitted facility; 

The submisubparagrThe circumincreases acan only osuch, the scovered un

Definition of “Modification of existing facility” continued... Current SIP-Approved Language 

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; 

D. an increase in the annual hours of operation 

unless the existing facility has received a preconstruction permit or has been exempted, under the TCAA, §382.057, from preconstruction permit requirements; 

Definition of “Modification of existing facility” continued... Revisions adopted September 15, 2010 Submitted October 5, 2010 

B. (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; 

C. (d) an increase in the annual hours of operation 

unless the existing facility has received a preconstruction permit or has been exempted, under the TCAA, §382.057, from preconstruction permit requirements; 

The renumSIP-approTAC Sect(D) to new Section 11respectiverevision to These renapprovabl

Definition of “Modification of existing facility” continued... Revisions adopted September 15, 2010 Submitted October 5, 2010 

D. a physical change in, or change in the method of operation of, a facility that does not result in a net increase in 

allowable emission of any air contaminant and that does not result in the emission of any air contaminant not previously emitted, provided that the facility: 

i. Has received a preconstruction permit or permit amendment or has been exempted under the TCAA, § 

382.057, from preconstruction permit requirements no earlier than 120 months before the change will occur; or 

ii. Uses, regardless of whether the facility has been exempted under the TCAA, § 382.057, an air pollution 

control method that is at least as effective as the BACT that the commission required or would have required 

The EPA of the “mofacility” pFacilities osubmitted 116.10(11covered thprovision revisions s4, 2002. 
23 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

for a facility of the same class or type as a condition of issuing a permit or permit amendment 120 months before the change will occur; 

Since our has reviseprogram arevision osuch, we a5, 2010 SIall other vhave been disapprovthe definitexisting faSection 11scope of thprogram. Tnecessary program, aSections 1116.117 to Qualified 30 TAC Seapprovabl

Definition of “Modification of existing facility” continued... Current SIP 

E. a physical change in, or change in the method of operation of, a facility where the change is within the scope of 

a flexible permit or a multiple plant permit; or 

EPA has aSection 11to Flexible 40666, Julmultiple pbeen submto the Tex

Definition of “Modification of existing facility” continued... Revisions adopted September 15, 2010 Submitted October 5, 2010 

F. a 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 the volume emitted at the maximum designed capacity, provided that the facility is one for which: 

On Novemdisapprov“modificadefinition grandfatheprocessing 116.10(11
24 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

i. Construction or operation started on or before September 1, 1971, and at which either no modification 

has occurred after September 1, 1971, or at 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, § 382.060, as that section existed prior to September 1, 1991.

submitted the SeptemSince that has resubmthe Octobeas 30 TAC As such, tOctober 5SIP revisiobackloggeThe EPA portion of is not cleaand we cothe exempaddressed requireme110(l). Ththe initial contradict final disap17, 2011. to find thaaddressing for natural as submitt116.10(9)should be not limited satisfying This revis

Current SIP-Approved Language 

12) New facility - A facility for which construction is 

commenced after August 30, 1971, and no contract for construction was executed on or before August 30, 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

10) (12) New facility - A facility for which construction 

is commenced after August 30, 1971, and no contract for construction was executed on or before August 

Non-substSIP-approfor section This revis
25 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

1971, and that contract specified a beginning construction date on or before February 29, 1972. 

30, 1971, and that contract specified a beginning construction date on or before February 29, 1972. 

Current SIP-Approved Language 

13) New source -- Any stationary source, the construction 

or modification of which is commenced after March 5, 1972. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

11) (13) New source -- Any stationary source, the 

construction or modification of which is commenced after March 5, 1972. 

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

14) Nonattainment area -- A defined region within the 

state which is designated by the EPA as failing to meet the national ambient air quality standard for a pollutant for which a standard exists. The EPA will designate the area as nonattainrnent under the provisions of FCAA, §107(d). 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

12) (14) Nonattainment area -- A defined region within 

the state which is designated by the EPA as failing to meet the national ambient air quality standard for a pollutant for which a standard exists. The EPA will designate the area as nonattainrnent under the provisions of FCAA, §107(d). 

Non-substSIP-approfor section This revis

Current SIP-Approved Language 

15) Public notice -- The public notice of application for a 

permit as required in this chapter. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

13) (15) Public notice -- The public notice of application 

for a permit as required in this chapter. 

Non-substSIP-approfor section This revis

Revisions adopted September 15, 2010 Submitted October 5, 2010 

14) (16) Qualified facility – An existing facility that satisfies the criteria of either paragraph 9(D)(i) (9)(E)(i) or (ii) of 

this section. 

On April 1disapprov“Qualified Section 11submitted through threvision. Since the the TCEQ Qualified October 5definition 30 TAC Sdefinition Minor NSwith 30 TA
26 

Table 2: Evaluation of 30 TAC Section 116.10 Annotation and Evaluation of 30 TAC Section 116.10 – General Definitions EPA’s A

116.116(ethe minor program. This revis

Current SIP-Approved Language 

17) Source -- A point of origin of air contaminants, 

whether privately or publicly owned or operated. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

15) (17) Source -- A point of origin of air contaminants, 

whether privately or publicly owned or operated. 

Non-substSIP-approfor section This revis

2. Preliminary Determination of the Revisions to the Texas General Definitions at 30 TAC Section 116.10 The analysis presented in Table 2 demonstrates that 30 TAC Section 116.10, with the exception of 30 TAC Secti

revised through the October 5, 2010, is approvable as a revision to the Texas SIP. 30 TAC Section 116.10(9)(F) provides for modifications to be made at natural gas processing facilities without a On November 17, 2011, we disapproved the subparagraph (G) portion of the “modification of existing facility” d

Section 116.10(11) as submitted on July 22, 1998 and further revised on September 4, 2002. We previously disap

(G) because it was not clearly limited to Minor NSR and we could not demonstrate whether this exemption met t

requirements of CAA 110(l). See 76 FR 71260. The TCEQ resubmitted this identical provision in the October 5, renumbered to be 30 TAC Section 116.10(9)(F), and we are reviewing the resubmitted subparagraph (F) as a new Texas SIP. The exemption provides that changes at certain natural gas processing, treating, or compression facilimodifications if the change does not result in an annual emissions rate of any air contaminant in excess of the vograndfathered facilities. The “annual emissions rate” is the same as the “volume emitted at maximum design cap

would provide an exemption for those sources from permit review for any emission increases at these facilities. T40 CFR 51.160(e) allow a state to identify facilities that will be subject to review under its Minor NSR program aNSR SIP to discuss the basis for determining which facilities will be subject to review. The submitted definition 116.10(9)(F), however, does not contain an applicability statement or regulatory provision limiting this type of ch

The TCEQ has not submitted any additional evidence to substantiate that this provision is only applicable to the program. Further, the submittal does not include any explanation of the basis for exempting this type of change fSIP requirements. Without an analysis describing how this exemption does not negate the Major NSR SIP requir

Minor NSR SIP requirements in 40 CFR 51.160 and the CAA’s anti-backsliding requirements in section 110(l), 
27 

approve this exemption. As such, we find that 30 TAC Section 116.10(9)(F) should be disapproved as inconsiste

and regulations for Minor NSR permitting. 
C. Evaluation of the Texas Qualified Facilities Program 

1. Evaluation of the Texas Qualified Facilities Program as a Minor NSR Program The TCEQ has submitted the Texas Qualified Facilities Program as a component of the Texas Minor NSR Progrmust evaluate whether the program satisfies all requirements for Minor NSR as promulgated in EPA’s Minor NSCFR 51.160 ad 51.161. 

Table 3: Evaluation of the Qualified Facilities Program as a Minor NSR Program under 40 CFR 51.160 Federal Regulations for Minor NSR, 40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Qualified Facsatisfies the Minor NSR requirements for Legally 

Procedures 

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, or combination of these will result in – 1) A violation of applicable portions of the control strategy; or 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. 

The Texas Qualified Facilities program is limited to existing permitted facilities that result in no net increemissions and no emission of an air contaminant not Texas Qualified Facilities program is not a minor NSauthorizes the transfer of permitted allowable emissiofacilities. The Qualified Facilities program enables a permitted allowable emissions, provided that another permitted corresponding decrease in allowable emissions resultemission allowables. Because both facilities in the traissued under either Chapter 106 (Permits by Rule) or NNSR, SP, or Minor NSR) the transfer of allowable in interference with attainment or maintenance becaupermits have already demonstrated compliance with applicable portions of the control strategy. Additionally, the Qualified Facility program at 30 TA116.116(e)(5)(E) requires that the facility owner demqualified facility change will not adversely affect amThe Texas Qualified Facilities program satisfies 40 C

b) Such procedures must include means by which the State or local agency 

responsible for final decision making on an application for approval to construct or modify will prevent construction or modification if – 1) It will result in a violation of applicable portions of the control 

strategy; or 

The Texas Qualified Facilities program is limited to m

existing permitted facilities that result in no net increemissions and no emission of an air contaminant not Qualified Facilities program cannot be used to authornew facility nor can it be used to authorize a modific
29 

Table 3: Evaluation of the Qualified Facilities Program as a Minor NSR Program under 40 CFR 51.160 Federal Regulations for Minor NSR, 40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Qualified Facsatisfies the Minor NSR requirements for Legally 

Procedures 

2) It will interfere with the attainment or maintenance of a national 

standard. 

subject to PSD or NNSR. The Qualified Facilities Prochanges that do not need a specific permit modificatiPrior to making a change, the facility owner or operaNotification of Changes to Qualified Facilities, to the TAC Section 116.116(e)(2). The TCEQ has the respopre-change notification and has the authority as the pTexas to deny a PI-E. Under this review authority, thQualified Facilities program is being applied correctlBecause the Qualified Facilities program does not au

modification it is exempt from the permitting require51.160(b). However, because the program requireme116.116(e)(2) require the TCEQ to review the notificassociated with a QF and to deny if necessary, the Teprogram and the Texas SIP provisions for permitting CFR 51.160(b). 

c) The procedures must provide for the submission, by the owner or 

operator of the building, facility, structure, or installation to be constructed or modified of such information on – 1) The nature and amounts of emissions to be emitted by it or emitted 

by associated mobile sources; 

2) The location, design, construction, and operation of such facility, 

building, structure, or installation as may be necessary to permit the State or local agency to make the determination referred to in 

paragraph (a) of this section. 

The Texas Qualified Facilities program at 30 TAC Srequires a pre-change notification be submitted to TCnotification, the PI-E form, identifies the nature of thpermits or authorizations that are part of the change achange results in no net increase in allowable emissioany air contaminant not previously emitted. The Texas Qualified Facilities program satisfies 40 C

d) The procedures must provide that approval of any construction or 

modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. 

For a change to be authorized as a Qualified Facility involved must have underlying permits/authorizationChapter 116. As such, the underlying permits continuoperator to comply with applicable portions of the coThe Texas Qualified Facilities Program satisfies 40 C

e) The procedures must identify types and sizes of facilities, buildings, 

structures, or installations which will be subject to review under this 

The Texas Qualified Facilities program requires submnotification, Form PI-E. This form provides informatthe existing permitted facilities involved in the chang
30 

Table 3: Evaluation of the Qualified Facilities Program as a Minor NSR Program under 40 CFR 51.160 Federal Regulations for Minor NSR, 40 CFR 51.160 Legally enforceable procedures 

EPA’s Evaluation of how the Texas Qualified Facsatisfies the Minor NSR requirements for Legally 

Procedures 

section. The plan must discuss the basis for determining which facilities will be subject to review. 

the change and demonstrates that the change results iallowable emissions or the emission of any air contamemitted. The Texas Qualified Facilities Program satisfies 40 C

f) The procedures must discuss the air quality data and the dispersion or 

other air quality modeling data used to meet the requirements of this subpart. 1) All applications of air quality modeling involved in this subpart shall 

be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). 

2) Where an air quality model specified in appendix W of this part 

(Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substitited. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in §51.102. 

The Texas Qualified Facilities program is limited to 

existing permitted facilities that result in no net increemissions and no emission of an air contaminant not existing permits are issued under Chapters 106 and 1dispersion modeling as appropriate. The qualified change itself does not need dispersion program results in no net allowable emission increasepermitted allowable emissions at facilities. Thereforemodeling already provided by the facility will be accThe Texas Qualified Facilities program satisfies 40 C

Table 4: Evaluation of the Qualified Facilities Program as a Minor NSR Program under 40 CFR 51.161 Federal Regulations for Minor NSR, 40 CFR 51.161 Public Availability of Information 

EPA’s Evaluation of how the Texas Rule SP satisfrequirements for Public Participation 

a) The legally enforceable procedures in § 51.160 must also require the 

State or local agency to provide opportunity for public comment on information submitted by owners and operators. The public information must include the agency’s analysis of the effect of construction or modification on ambient air quality, including the agency’s proposed approval or disapproval. 

The Texas Qualified Facility program provides for exto make changes that do not require a permitting actiexemption from minor NSR permit requirements. Thdoes not need to provide public notice of the change. Each facility involved in the Qualified Facility transapermitted and followed the applicable SIP approved the Chapter 106 or Chapter 116 permit/authorization

b) For purposes of paragraph (a) of this section, opportunity for public 

comment shall include, as a minimum – 

The Texas Qualified Facility program provides for exto make changes that do not require a permitting acti
31 

Table 4: Evaluation of the Qualified Facilities Program as a Minor NSR Program under 40 CFR 51.161 Federal Regulations for Minor NSR, 40 CFR 51.161 Public Availability of Information 

EPA’s Evaluation of how the Texas Rule SP satisfrequirements for Public Participation 

1) Availability for public inspection in at least one location in the area 

affected of the information submitted by the owner or operator and of the State or local agency’s analysis of the effect on air quality; 

2) A 30-day period for submittal of public comment; and 3) A notice by prominent advertisement in the area affected of the 

location of the source information and analysis specified in paragraph (b)(1) of this section. 

exemption from minor NSR permit requirements. Thdoes not need to provide public notice of the change. Each facility involved in the Qualified Facility transapermitted and followed the applicable SIP approved the Chapter 106 or Chapter 116 permit/authorization

c) Where the 30-day comment period required in paragraph (b) of this 

section would conflict with existing requirements for acting on requests 

for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. 

The Texas Qualified Facility program provides for exto make changes that do not require a permitting actiexemption from minor NSR permit requirements. Thdoes not need to provide public notice of the change. Each facility involved in the Qualified Facility transapermitted and followed the applicable SIP approved the Chapter 106 or Chapter 116 permit/authorization

d) A copy of the notice required by paragraph (b) of this section must also 

be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in which such new or modified installation will be located. The notice also must be sent to any other agency in the region 

having responsibility for implementing the procedures required under this 

subpart. For lead, a copy of the notice is required for all point sources. 

The definition of point for lead is given in § 51.100(k)(2). 

The Texas Qualified Facility program provides for exto make changes that do not require a permitting actiexemption from minor NSR permit requirements. Thdoes not need to provide public notice of the change. Each facility involved in the Qualified Facility transapermitted and followed the applicable SIP approved the Chapter 106 or Chapter 116 permit/authorization

The analysis presented in Tables 3 and 4 demonstrates that the Texas Qualified Facilities Program satisfies the aprequirements for Minor NSR under 40 CFR 51.160 and 51.161. The program is an exemption from permitting foexisting permitted facilities. Therefore, the Qualified Facilities program satisfies 40 CFR 51.160(e) as identifying 

that do not require permits in the Texas Air Program. Because these changes are not permitted, there is no requir

notice of the changes. 
32 

2. Evaluation of the October 5, 2010 Revisions to the Texas SIP for the Texas Qualified Facilities Program 

Table 5 – Evaluation of New 30 TAC Section 116.17 – Qualified Facility Definitions 

Annotation and Evaluation of 30 TAC Section 116.17 EPA’s Analysis Revisions adopted September 15, 2010 Submitted October 5, 2010 30 TAC Section 116.17 – Qualified Facility Definitions The words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. 

New definitions at 30 TAapprovable as necessary creation and implementaQualified Facilities progr

Revisions adopted September 15, 2010 Submitted October 5, 2010 1. Actual emissions – The highest rate of emissions of an air contaminant actually achieved from a 

qualified facility within the l20-month period prior to a change to a facility under § 116.116(e) of this title (relating to Changes at Facilities), This rate cannot exceed any applicable federal or state emissions limitation. This definition applies only when determining whether there has been a net increase in allowable emissions under § 116.116(e) of this title. 

New section 30 TAC Secnecessary for the implemprogram. This new definemissions” is used to demincrease in allowable emprogram will not result in impact. This definition is approv

Revisions adopted September 15, 2010 Submitted October 5, 2010 2. Allowable emissions – The authorized rate of emissions of an air contaminant from a facility as 

determined in accordance with this paragraph. This rate cannot exceed any applicable state or federal emissions limitation. This definition applies only when determining whether there has been a net increase in allowable emissions under § 116.116(e) of this title. A. Permitted facility – For a facility with a permit under this chapter, the allowable emissions shall 

be any emission limit established in the permit on a maximum allowable emissions rate table and any emission limit contained in representations in the permit application which was relied upon in issuing the permit, plus any allowable emissions authorized under Chapter 106 of this title (relating to Permits by Rule). 

B. Facility permitted by rule - For a facility operating under Chapter 106 of this title, the allowable 

emissions shall be the least of the emissions rate allowed in Chapter 106, Subchapter A of this title (relating to General Requirements), the emissions rate specified in the applicable permit by rule, or the federally enforceable emission rate established in accordance with § 106.6 of this title (relating to Registration of Emissions). 

C. Standard permit facility – For a facility authorized by standard permit, other than the Air Quality 

Standard Permit for Pollution Control Projects, the allowable emissions shall be the maximum emissions rate represented in the registration to use the standard permit. 

D. Special exemption facility - For a facility operating under a special exemption, the allowable 

emissions shall be the emissions rate represented in the original special exemption request. 

New section 30 TAC Secnecessary for the implemprogram. This new definemissions” is used to demincrease in allowable emprogram will not result in impact. Note that 30 TAC Sectio“special exemption faciliacknowledged in the Octcomments that this provireference and the intent othis provision. The TCEQ May XX, 2015, clarificaprovision was not deletedoversight. Regardless, thexemption facility” is obapproving an obsolete prSIP will not undermine tthe state. 
33 

Table 5 – Evaluation of New 30 TAC Section 116.17 – Qualified Facility Definitions Annotation and Evaluation of 30 TAC Section 116.17 EPA’s Analysis 

This definition is approv

Revisions adopted September 15, 2010 Submitted October 5, 2010 3. Revision – a change made in the conditions or emission rates of a permit issued under §116.111 of 

this title (relating to General Application), or to the representations in the registration for a standard permit issued under Subchapter F of this chapter (relating to Standard Permits) to codify physical changes or new emission rates as authorized by §116.116(e) of this title (relating to Changes at Facilities). 

New section 30 TAC Secnecessary for the implemprogram. This new proviwill be federally enforcedocumented. This revisio

The analysis presented in Table 5 shows that the Qualified Facilities specific definitions submitted on October 5, TAC Section 116.17 are approvable and necessary for the implementation of the Minor NSR Qualified Facilities 

Table 6 – Evaluation of Revisions to 30 TAC Section 116.116 – Changes to Facilities Annotation and Evaluation of Revisions to 30 TAC Section 116.116 EPA’s Analysis Current SIP-Approved Language 

a) Representations and conditions. The following are the conditions upon which a permit, special 

permit, or special exemption are issued: 1) representations with regard to construction plans and operation procedures in an application for a 

permit, special permit, or special exemption; and 

2) any general and special conditions attached to the permit, special permit, or special exemption 

itself. 

No changes submitted to provision. Language at 3116.116(a) is provided foonly. 

Current SIP-Approved Language 

b) Permit amendments. 

1) Except as provided in subsection (e) of this section, the permit holder shall not vary from any 

representation or permit condition without obtaining a permit amendment if the change will cause: 

A. a change in the method of control of emissions; B. a change in the character of the emissions; or C. an increase in the emission rate of any air contaminant. 

2) Any person who requests permit amendments must receive prior approval by the executive 

director or the commission. Applications must be submitted with a completed Form PI-1 and are subject to the requirements of §116.111 of this title (relating to General Application). 

3) NOT IN SIP. 

No changes submitted to provision. Language at 3116.116(b) is provided foonly. 
34 

Table 6 – Evaluation of Revisions to 30 TAC Section 116.116 – Changes to Facilities Annotation and Evaluation of Revisions to 30 TAC Section 116.116 EPA’s Analysis 

4) Any person who applies for an amendment to a permit to construct a new facility or modify an 

existing facility shall comply with the provisions in Chapter 39 of this title. 

Current SIP-Approved Language 

c) Permit alteration. 

1) A permit alteration is: 

A. a decrease in allowable emissions; or B. any change from a representation in an application, general condition, or special condition in 

a permit that does not cause: 

i. a change in the method of control of emissions; 

ii. a change in the character of emissions; or 

iii. an increase in the emission rate of any air contaminant. 

2) Requests for permit alterations that must receive prior approval by the executive director are 

those that: 

A. result in an increase in off-property concentrations of air contaminants; B. involve a change in permit conditions; or C. affect facility or control equipment performance. 

3) The executive director shall be notified in writing of all other permit alterations not specified in 

paragraph (2) of this subsection. 

4) A request for permit alteration shall include information sufficient to demonstrate that the change 

does not interfere with the owner or operator's previous demonstrations of compliance with the requirements of §116.111(a)(2)(C) of this title. 

5) Permit alterations are not subject to the requirements of §116.111(a)(2)(C) of this title. 

No changes submitted to provision. Language at 3116.116(c) is provided foonly. 

Current SIP-Approved Language 

d) Permits by rule under Chapter 106 of this title (relating to Permits by Rule) in lieu of permit 

amendment or alteration. 1) A permit amendment or alteration is not required if the changes to the permitted facility qualify 

for an exemption from permitting or permit by rule under Chapter 106 of this title unless prohibited by permit condition as provided in §116.115 of this title (relating to General and Special Conditions). 

2) All changes authorized under Chapter 106 of this title to a permitted facility shall be incorporated 

into that facility's permit when the permit is amended or renewed. 

No changes submitted to provision. Language at 3116.116(d) is provided foonly. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 

e) Changes to qualified facilities. 

Section heading. This pr
35 

Table 6 – Evaluation of Revisions to 30 TAC Section 116.116 – Changes to Facilities Annotation and Evaluation of Revisions to 30 TAC Section 116.116 EPA’s Analysis Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

1) Prior to determining if this subsection may be applied to a proposed change to a facility, the 

following will apply: 

A. The facility must be authorized under this chapter or Chapter106 of this title. B. A separate netting analysis shall be made for each proposed change to determine the 

applicability of major New Source Review by demonstrating that any increase in actual emissions is below the threshold for major modification as defined in §116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions). Proposed changes exceeding the major modification threshold cannot be authorized under this subsection. This analysis shall meet the definition and requirements of net emissions increase in §116.12 of this title. 

This submitted revision iTAC Section 116.116(e)qualified facilities prografacilities under Chapter 1limits the changes to minapplicability analysis for This provision is approv

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

2) Prior to changes under this subsection, facility owners or operators will submit Form PI-E, 

Notification of Changes to Qualified Facilities, and the following additional requirements will apply: 

A. Facility owners or operators will simultaneously submit, where applicable, an application for 

a permit revision for each permit issued under §116.111 of this title involved in the qualified facility transaction. 

B. Owners or operators of facilities authorized under Subchapter F of this Chapter, (relating to 

Standard Permits) shall submit a revision to the representations in the facility registration in accordance with §116.611 of this title (relating to Registration to Use a Standard Permit). 

C. Any applicable permit issued under §116.111 of this title will be revised to reflect changes 

under this subsection to facilities authorized under Chapter 106 of this title. If no applicable permit issued under §116.111 of this title is involved in the qualified facility transaction then changes shall be certified by a registration for an emission rate under §106.6 of this title (relating to Registration of Emissions). 

D. No allowable emission rate as defined in §116.17 of this title (relating to Qualified Facilities 

Definitions) shall be exceeded. 

E. The facility has received a preconstruction permit or permit amendment no earlier than 120 

months before the change will occur, or uses control technology that is at least as effective as the 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 change will occur. There will be no reduction in emission control efficiency. 

New section 30 TAC Secapprovable. This new prochanges made by the parbe federally enforceable permit revisions. 
36 

Table 6 – Evaluation of Revisions to 30 TAC Section 116.116 – Changes to Facilities Annotation and Evaluation of Revisions to 30 TAC Section 116.116 EPA’s Analysis Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

3) Notwithstanding any other subsection of this section, a physical or operational change may be 

made to a qualified facility if it can be determined that the change does not result in: 

A. a net increase in allowable emissions of any air contaminant; and B. the emission of any air contaminant not previously emitted. 

New section 30 TAC Secapprovable – this provisithe minor NSR Qualified ensures that the QF will new contaminants and thquality impact since therin previously permitted a

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

4) In making the determination in paragraph (3) of this subsection, the effect on emissions of the 

following shall be considered: 

A. any air pollution control method applied to the qualified facility; B. any decreases in allowable emissions from other qualified facilities at the same commission air 

quality account that have received a preconstruction permit or permit amendment no earlier than 120 months before the change will occur; and 

C. any decrease in actual emissions from other qualified facilities at the same commission air 

quality account that are not included in subparagraph (B) of this paragraph. 

New 30 TAC Section 11approvable. This new proTCEQ will evaluate the cfacility. This provision econsider control equipmeand to provide for netting and actual emissions to oactual emissions associatchange. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

5) The determination in paragraph (3) of this subsection shall be based on the allowable emissions 

for air contaminant categories and any allowable emissions for individual compounds. If a physical or operational change would result in emissions of an air contaminant category or compound above the allowable emissions for that air contaminant category or compound, there must be an equivalent decrease in emissions at the same facility or a different facility at the same account. 

A. The equivalent decrease in emissions shall be based on the same time periods (e.g., hourly and 

12-month rolling average rates) as the allowable emissions for the facility at which the change will occur. 

B. Emissions of different compounds within the same air contaminant category may be 

interchanged. Emissions of substances that were, but are not currently, listed as a volatile organic compound (VOC) by the United States Environmental Protection Agency (EPA) may be substituted for emissions of compounds currently listed by EPA as a VOC as referenced in §101.1 of this title (relating to Definitions) provided the compound being used as a substitute is not regulated as a hazardous air pollutant and is not toxic. The substitution of current VOCs for compounds that have been removed from the VOC list by EPA is prohibited. 

New 30 TAC Section 11approvable. This provisioan allowable emission inallowable emission decrefacility. This ensures the have no net increase in pprovision also enables thallowables of one air concontaminant of the same substitution. This tradinrequires a demonstration on air quality. EPA has dprovision is approvable. in no net increase in permhave been permitted as pand the interchange of pocategory must also demoon air quality. 
37 

Table 6 – Evaluation of Revisions to 30 TAC Section 116.116 – Changes to Facilities Annotation and Evaluation of Revisions to 30 TAC Section 116.116 EPA’s Analysis 

C. For allowable emissions for individual compounds, any interchange shall adjust the emission 

rates for the different compounds in accordance with the ratio of the effects screening levels of the compounds. The effects screening level shall be determined by the executive director. 

D. For allowable emissions for air contaminant categories, interchanges shall use the unadjusted 

emission rates for the different compounds. 

E. The facility owner or operator shall demonstrate that the change will not adversely affect 

ambient air quality. 

F. An air contaminant category is a group of related compounds, such as volatile organic 

compounds, particulate matter, nitrogen oxides, and sulfur compounds. 

Revisions adopted September 15, 2010 Submitted October 5, 2010  (e) Changes to qualified facilities continued... 

6) Persons making changes to qualified facilities under this subsection shall comply with the 

applicable requirements of §116.117 of this title (relating to Documentation and Notification of Changes to Qualified Facilities). 

30 TAC Section 116.116This new provision ensuowner/operator making tfacilities must comply wand documentation proviSection 116.117. Among the requirement that the necessary records to demimpact on air quality and NNSR requirements are 

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

7) As used in this subsection, the term "physical and operational change" does not include: 

A. construction of a new facility; or B. changes to procedures regarding monitoring, determination of emissions, and recordkeeping 

that are required by a permit. 

30 TAC Section 116.116This new section ensures change cannot be used to or to make changes in threcordkeeping or emissiorequired by a permit. Ne116.116(e)(7) in conjunc(e)(10) provides that a faemission controls but cancontrols or recordkeepinapplicable permits or aut

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

8) Additional air pollution control methods may be implemented for the purpose of making a facility a 

qualified facility. The implementation of any additional control methods to qualify a facility shall be subject to the requirements of this chapter. The owner or operator shall: 

30 TAC Section 116.116This new section along w116.116(e)(10) provides controls to become a quacontrols can be reduced uconditions. Note that the controls at 30 TAC Secti
38 

Table 6 – Evaluation of Revisions to 30 TAC Section 116.116 – Changes to Facilities Annotation and Evaluation of Revisions to 30 TAC Section 116.116 EPA’s Analysis 

A. utilize additional control methods that are as effective as best available control technology 

(BACT) required at the time the additional control methods are implemented; or 

B. demonstrate that the additional control methods, although not as effective as BACT, were 

implemented to comply with a law, rule, order, permit, or implemented to resolve a documented citizen complaint. 

State BACT. As discusserevisions to 30 TAC SecAir Program applies BAactions – major and minoPSD are further subjecteBACT. 

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

9) For purposes of this subsection and §116.117 of this title, the following subparagraphs apply. 

A. Intraplant trading means the consideration of decreases in allowable and actual emissions from 

other qualified facilities in accordance with paragraph (4) of this subsection. 

B. The allowable emissions from facilities that were never constructed shall not be used in 

intraplant trading. 

C. The decreases in allowable and actual emissions shall be based on emission rates for the same 

time periods (e.g., hourly and 12-month rolling average) as the allowable emissions for the facility at which the change will occur and for which an intraplant trade is desired. 

D. Actual emissions shall be based on data that is representative of the emissions actually achieved 

from a facility during the relevant time period (e.g., hourly or 12-month rolling average). 

New 30 TAC Section 11This new section establisallowable emissions invofacility allowable netting

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

10) The existing level of control may not be lessened for a qualified facility. 

30 TAC Section 116.116This new provision ensucontrol will not be reducof the qualified facility. Tfederal control requiremeexisting permits will not 

Revisions adopted September 15, 2010 Submitted October 5, 2010 (e) Changes to qualified facilities continued... 

11) A separate netting analysis shall be performed for each proposed change under this subsection. 

30 TAC Section 116.116This provision requires a for each proposed changfederal PSD and NNSR acircumvented. 

Current SIP-Approved Language 

f) Use of credits. Notwithstanding any other subsection of this section, discrete emission reduction 

credits may be used to exceed permit allowables as described in §101.376(b) of this title (relating to Discrete Emission Credit Use) if all applicable conditions of §101.376 of this title are met. This subsection does not authorize any physical changes to a facility. 

No changes submitted to provision. Language at 3116.116(f) is provided foonly. 
39 

The analysis presented in Table 6 shows that the specific provisions for implementing the Minor NSR Qualified 30 TAC Section 116.116(e) submitted on October 5, 2010, are approvable and necessary for establishing the scoof the Minor NSR Qualified Facilities Program. 

Table 7 – Evaluation of Revisions to 30 TAC Section 116.117 – Documentation and Notification of Chang

Facilities 

Annotation and Evaluation of Revisions to 30 TAC Section 116.117 EPA’s Analysis Revisions adopted September 15, 2010 Submitted October 5, 2010

a) Persons making changes under §116.116(e) of this title (relating to Changes to Facilities) shall 

maintain documentation at the plant site demonstrating that the changes satisfy § 116.116(e) of this title. If the plant site is unmanned, the regional manager may authorize an alternative site to maintain the documentation. The documentation shall be made available to representatives or the commission upon request. The documentation shall include: 1) quantification of all emission increases and decrease associated with the physical or operational 

change; 

2) a description of the physical or operational change; 3) a description of any equipment being installed; and 4) sufficient information as necessary to show that the project will not adversely affect ambient 

air quality and will comply as applicable with: A. §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); or 

B. NOT SUBMITTED AS PART OF SIP. 

New 30 TAC Section 11This new provision estabrecordkeeping requiremeparticipating in the Quali30 TAC Section 116.117the applicability of the QNSR by requiring the owsource to maintain adequdemonstrate there is no aquality and that all requirPSD are satisfied. 

Revisions adopted September 15, 2010 Submitted October 5, 2010

b) Nothing in this section shall limit the applicability of any federal requirement. 

New 30 TAC Section 11This new provision ensurequirements will be appsource. If the source shouNNSR modification then not apply. This new provthe Texas Minor NSR pr

The analysis presented in Table 7 above demonstrates that the provision submitted on October 5, 2010, at 30 TA

the Documentation and Notification of Changes to Qualified Facilities are approvable. These provisions ensure t

requirements will be satisfied and that the source cannot circumvent federal major source permitting requirement
40 

Table 8 – Evaluation of Revisions to 30 TAC Section 116.311 – Permit Renewal Application Annotation and Evaluation of Revisions to 30 TAC Section 116.311 EPA’s Analysis Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(a) In order to be granted a permit renewal, the permit holder shall submit information in support of the 

application which demonstrates that: 

No revisions submitted. Lcontext. 

Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(1). dockside vessel emissions associated with the facility will comply with all rules and regulations 

of the commission and with the intent of the TCAA, including protection of the health and property of the public and minimization of emissions to the extent possible, consistent with good 

air pollution practices. 

No revisions submitted. Lcontext. 

Texas SIP Approved by EPA on March 10, 2006 (71 FR 12285) As adopted by TCEQ on April 6, 1994 and submitted April 29, 1994 

(2). The facility is being operated 

in accordance with all requirements and conditions of the existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously granted renewal.

Revisions adopted June 17, 1998 and submitted July 22, 1998 

(1). the facility is being operated 

in accordance with all requirements and conditions of the existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously granted renewal, unless otherwise authorized 

for a qualified facility;

Revisions adopted August 21, 2002 and submitted September 4, 2002 

(2). The facility is being 

operated in accordance with all requirements and conditions of the existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously granted renewal.

In the July 22, 1998 submrenumbered previously STAC Section 116.311(a)(116.311(a)(1) and added qualified facilities. The Ssubmittal included a renuprovision to 30 TAC SectThe revisions to this sectiQualified Facilities as suband further revised in the submittal are approvable. 

program authorizes revisithe requirement to obtain construction or modificatauthorized under the Quaprovisions are exempt froobtain a permit renewal u116.311. 

Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(3). the facility meets the requirements of any applicable New Source Performance Standards as 

listed under Title 40 Code of Federal Regulations (CFR) Part 60, promulgated by the EPA under the authority of the FCAA, §111, as amended; 

No revisions submitted. Lcontext. 
41 

Table 8 – Evaluation of Revisions to 30 TAC Section 116.311 – Permit Renewal Application Annotation and Evaluation of Revisions to 30 TAC Section 116.311 EPA’s Analysis Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(4). the facility meets the requirements of any applicable emission standard for hazardous air 

pollutants as listed under Title 40 CFR Part 61, promulgated by EPA under the authority of the FCAA, §112, as amended; and

No revisions submitted. Lcontext. 

Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(5). the facility meets the requirements of any applicable maximum achievable control technology 

standard as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §1l2 or as listed under Chapter 113, Subchapter C of this title (relating to National Emissions Standards for Hazardous Air Pollutants for Source Categories (FCAA §112, 40 CFR 63)).

No revisions submitted. Lcontext. 

(6). NOT IN SIP Returned to TCEQ on Jun

pertains to CAA section 1implemented outside of th

Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(b) In addition to the requirements in subsection (a) of this section, if the commission determines it 

necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements, then: 

(1). the applicant may be required to submit additional information regarding the emissions from the 

facility and their impacts on the surrounding area; and

(2). the commission shall impose as a condition for renewal only those requirements the executive 

director determines to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area.

No revisions submitted. Lcontext. 

Texas SIP Approved by EPA on November 14, 2011 (76 FR 70354) As adopted by TCEQ on August 21, 2002 and submitted September 4, 2002 

(c) A compliance history review must be conducted in accordance with Chapter 60 of this title (relating to 

Compliance History). 

No revisions submitted. Lcontext. 
3. Evaluation of How the October 5, 2010 Submittal Addresses the EPA’s June 7, 2010 

Comment Letter on Qualified Facilities 

The TCEQ proposed the revised Qualified Facilities Program through Rule Project Number 

2010-006-116-PR. The comment period for the proposed rulemaking closed on June 7, 2010. 

The TCEQ received comment letters from 13 organizations, including the EPA Region 6. The 

EPA’s comment letter, dated June 7, 2010, is available as a supporting document in the docket 

and also available in the TCEQ’s October 5, 2010, SIP submittal. While the TCEQ’s October 5, 

2010, SIP submittal package includes a response to comment for each comment received, we are 

providing our analysis below of how the TCEQ addressed the concerns we submitted on June 7, 

2010. 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

1. The "Background and reason(s) for the rulemaking" 

section of the Executive Summary states that the 

Qualified Facility Program authorizes increases in 

actual emissions at facilities. This statement is 

inconsistent with our understanding that the 

Qualified Facility Program is designed to only 

allow increases in allowable emissions to net out 

against decreases in allowable emissions. Please 

revise this statement to accurately reflect the intent 

of the Qualified Facility Program. 

The TCEQ clarified the intent of the Qualified 

Facilities program at 35 TexReg 8956. The TCEQ 

explains that the program does allow increases in 

actual emissions as part of the minor NSR program. 

But these increases in actual emissions are authorized 

by the netting of permitted allowable emissions that 

result in no net increase in permitted allowables. 

Upon review of the TCEQ’s response, the EPA finds 

that our initial understanding of the program was 

inaccurate. We have determined that the TCEQ’s 

October 5, 2010 SIP submittal clearly explains the 

scope of the program and its applicability under Minor 

NSR. 

2. EPA agrees with the statement in the 30 TAC 

Chapter 116 preamble that the revisions to 30 TAC 

sections 116.10(5)(F), 116.111(a)(2)(K), 

116.116(b)(3), and 116.117(a)(4)(B) will not be 

submitted as SIP revisions. These sections all refer 

to section 112(g) of the CAA, which is not 

implemented through the SIP. 

No response necessary from the TCEQ. The EPA was 

expressing support with a statement in the preamble. 

3. The 30 TAC Chapter 116 preamble at page 10, 

Notification of Changes at Qualified Facilities, 

states that the submission of PI-E forms has resulted 

in significant denials for changes under the 

Qualified Facility Program. The rule is unclear how 

TCEQ has the authority to deny Qualified Facility 

changes when there is no approval process required 

for the PI-E form. Does TCEQ have a set amount of 

time to review and respond to the PI-E form? If 

TCEQ does not respond within the appropriate time, 

does the facility have a default approval? Where do 

the rules contain such provisions? 

Also, the preamble statement referenced above is 

inconsistent with the rule language requirements at 

30 TAC sections 116.116(e)(2) and 116.117(b). 

The TCEQ revised the proposed Qualified Facilities 

Program as a result of this comment. The submitted 

rules at 30 TAC Section 116.116(e)(2) require prior 

notification for all qualified facility changes. The 

proposed language about submitting the PI-E form as 

part of the annual report has been removed from the 

adopted version of 30 TAC Section 116.117(b) to 

avoid confusion. The TCEQ also removed the 

proposed language at 30 TAC Section 116.117(b)(3) 

and (b)(4) that identified changes that required prior 

notification – since the adopted rule at 30 TAC 

Section 116.116(e)(2) requires prior notification to the 

TCEQ for all changes there is no need to identify 

specific types of changes that require prior notice. 
43 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

New 30 TAC section 1 16.116(e)(2) requires 

owners or operators to submit Form PI-E prior to 

making any changes to qualified facilities. 

However, 30 TAC section 116.117(b) requires the 

submittal of Form PI-E as part of the annual report. 

Further, the 30 TAC Chapter 116 preamble at page 

8, Netting and Double Counting, implies that prechange notification is only required when the 

intraplant trade moves emissions from the interior 

of a site to a point closer to the property line. Please 

explain how the PI-E form is used; is this form 

submitted pre-change or post-change? TCEQ 

should revise the regulatory language to be 

consistent with the intent expressed in the preamble, 

by clearly identifying the requirements for submittal 

of the PI-E form, requiring pre-change notification 

for all qualified facilities changes, and including an 

express procedure for TCEQ review and respond. 

The TCEQ provided clarification on the use of the PIE Form in the Response to Comments. See 35 TexReg

8956 and 8957, October 1, 2010. 

The TCEQ’s response adequately addresses the EPA’s 

concerns. 

4. TCEQ must provide explicit regulatory language to 

define the term "facility" as it applies to the 

Qualified Facility Program. We recognize that 

TCEQ interprets "facility," as it applies to the 

Qualified Facility Program, to preclude inclusion of 

more than one stationary source. However, the lack 

of rule language clarifying the meaning of the term 

"facility," as it applies to this Program, makes this 

definition overly vague; and therefore, 

unenforceable. As we stated in our final disapproval 

of the Qualified Facility Program, Texas's rules 

apply the term "facility" in different ways without 

providing clarification in the rule language. 75 FR 

19468, at 19489 (April14, 2010). Texas's PSD nonPAL rules explicitly limit the definition of "facility" 

to "emissions unit," but the Qualified Facility rules 

fail to make such a limitation. Compare 30 TAC 

116.10(6) to 30 TAC 116.160(c)(3). The State 

clearly thought the prudent legal course was to limit 

"facility" explicitly to "emissions unit" in its PSD 

SIP non-PALs revision. However, TCEQ did not 

include sufficient information in its proposed 

revisions to demonstrate that the lack of this explicit 

limitation in the submitted Qualified Facility 

revisions is at least as stringent as the revised 

definition in the PSD non PALs definition. We 

recommend that TCEQ resolve this deficiency by 

adding a specific definition of the term "facility" to 

the Qualified Facility Definitions at 30 T AC 

116.17 or provide in its revised Qualified Facility 

Rule a description of what a "facility'' is under the 

Qualified Facility Program. 

The TCEQ’s response to comment explains that the 

term “facility” is a SIP-approved definition. This 

definition is consistently applied across the Texas air 

programs, including within the Qualified Facilities 

Program. See 35 TexReg 8957, October 1, 2010. 

Under the Texas regulations, a “facility” is equivalent 

to the federal definition of “emissions unit”. Further, 

a facility cannot include more than one stationary 

source, nor can it include every emission point on a 

company site, even if limited to the same SIC code. 

The TCEQ’s response adequately addresses the EPA’s 

concerns. 

5. The 30 TAC Chapter 116 preamble at page 6 

clearly indicates that the TCEQ uses the term 

The TCEQ’s response to comments at 35 TexReg

8957 explains that the EPA is misinterpreting the use 
44 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

"account" synonymously with EPA's use of 

"source." While this preamble statement is a step 

towards addressing our concerns identified in the 

final disapproval of the Qualified Facility Program, 

the TCEQ must also revise the Qualified Facility 

rule language to include this statement to improve 

clarity and transparency of the rule and to entirely 

address our concerns. See 75 FR 19468, at 19489-

19490. 

of the term “account”. The TCEQ explains that the 

“account” is equivalent to the EPA definition of 

“stationary source”. The state definition of "account" 

and the federal definition of "stationary source" both 

include the concept of multiple points of emissions 

(state defined "facilities" and federally defined 

"emission units") under common control located 

within a clearly defined area. It is only within this area 

that qualified facility transactions may occur. 

The preamble and the response to comment is 

sufficient to explain the use of the term “account”. 

The EPA does not believe that specific regulatory 

revisions are necessary. 

6. The portion of the definition of "allowable 

emissions" at 30 TAC 116.10(2)(C) relating to 

"qualified grandfathered facility" is proposed for 

deletion under 30 TAC section 116.10. However, 

we note that there continue to be references to 

actual emissions throughout the Qualified Facility 

rule language, see 30 TAC sections 

116.116(e)(4)(C), 116.116(e)(9)(A), 

116.116(e)(9)(C), 116.116(e)(9)(D). It is our 

understanding of the Qualified Facility Program that 

actual emissions were only used for qualified 

grandfathered facilities. Please confirm that this 

interpretation is correct. If our understanding is 

correct and actual emissions were only used for 

qualified grandfathered facilities, please remove all 

references to actual emissions from the proposed 

language. However, if our understanding is 

incorrect please explain how actual emissions are to 

be used in a program that is designed for netting of 

allowable emissions. 

The TCEQ clarified the intent of the Qualified 

Facilities program at 35 TexReg 8956. The TCEQ 

explains that the program does allow increases in 

actual emissions as part of the minor NSR program. 

But these increases in actual emissions are authorized 

by the netting of permitted allowable emissions that 

result in no net increase in permitted allowables. 

The TCEQ’s response is adequate to address the 

EPA’s concerns. 

7. The proposed definition of "Best Available Control 

Technology (BACT)" at 30 TAC section 116.10(1) 

must be revised to more clearly indicate this 

definition is for any air contaminant or facility not 

subject to federal permitting requirements, as 

indicated by the rule preamble on page 12. We 

recommend that TCEQ use the following language 

to promote rule clarity: 

State (or alternately, Texas) Best available control 

technology (BACT) An air pollution control method 

for a new or modified facility that through 

experience and research, has proven to be 

operational, obtainable, and capable of reducing or 

eliminating emissions from the facility, and is 

considered technically practical and economically 

reasonable for the facility. The emission reduction 

can be achieved through technology such as the use 

The TCEQ did not revise the definition of “BACT” at 

30 TAC Section 116.10(1) as recommended by the 

EPA. However, the adopted definition of “BACT” 

along with the submitted revisions to 30 TAC Section 

116.111(a)(2)(C) make clear that the Texas SIP 

contains two types of BACT – federal BACT applied 

to PSD permits and Texas BACT that is applicable to 

all state permitting actions. Note that on November 

10, 2014, the EPA SIP-approved the revisions to 30 

TAC Section 116.111 that were submitted on October 

5, 2010. See 79 FR 66626. 
45 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

of add-on control equipment or by enforceable 

changes in production processes, systems, methods, 

or work practice. This definition applies to any air 

contaminant or facility not subject to federal 

permitting requirements under Title I, part C, of the 

Clean Air Act (CAA). For air contaminants or 

facilities subject to the Title I, part C, CAA 

requirements, the definition of BACT at section 

116.111(a)(2)(C), which requires BACT as defined 

in 40 CFR 52.2l(b)(l2), will apply. 

8. Please explain why the definition of "qualified 

facility" has been retained in 30 TAC section 116.10 

rather than recodified into the new 30 TAC section 

116.17, Qualified Facility Definitions. 

The TCEQ’s response to comments explains the 

structure of the definitions in the October 5, 2010, 

submittal. Changing the rule citation for the location 

of the definition would unnecessarily complicate the 

interpretation of these rules and permits. The TCEQ’s 

explanation is sufficient to address the EPA’s inquiry. 

See 35 TexReg 8957. 

9. New 30 TAC section 116.17(2) provides that the 

allowable emissions for a permitted facility at new 

30 TAC section 116.17(2)(A) would include the 

emission limit established in the permit or 

maximum allowable emissions rate table (MAERT) 

and any emission limit contained in representations 

in the permit application that was relied upon in 

issuing the permit. This section may provide an 

opportunity for double-counting and over inflation 

of the allowable emissions for a permitted facility. 

Please verify that emissions limits are only 

cumulative if the emission limits in the permit, 

MAERT, and permit application are separate, 

entirely unrelated limits in order to prevent doublecounting. 

The TCEQ’s response to comments explains the use 

of the MAERT table and that emission limits placed 

in a MAERT table override/replace the emission 

limits contained in a permit application. Therefore 

there is no risk for double counting of emissions. See 

35 TexReg 8957. 

The TCEQ’s explanation addresses the EPA’s 

concerns. 

10. Please explain what is meant by a "Special 

Exemption Facility" at 30 TAC section 

116.17(2)(D). Is a special exemption facility exempt 

from the requirements to have an underlying 30 

TAC Chapter 116 permit or authorization under 30 

TAC Chapter 106 at 30 TAC section 

116.116(e)(1)(A)? If so, what is the basis for the 

exemption? 

The TCEQ revised the proposal as a result of this 

comment. The TCEQ explains in the RTC that the 

term “special exemption facility” is now obsolete in 

the Texas air permitting program. See 35 TexReg

8957. 

Therefore, the TCEQ deleted the proposed language at 

30 TAC Section 116.116(e)(1)(A0 in the final 

submittal package. However, the reference to “special 

exemption facility” was overlooked in the final 

adoption and submittal of 30 TAC Section 

116.17(2)(D). The TCEQ submitted a clarification 

letter on May XX, 2015, addressing this oversight and 

confirming that the provision is obsolete and inclusion 

in the SIP will not impact attainment strategies for the 

state. 

The TCEQ’s response addresses the EPA’s concerns. 

11. New 30 TAC section 116.116(e)(1)(B) crossreferences the major NSR netting requirements at 

30 TAC section 116.12(20). The SIP-approved 

major NSR netting provisions are located at 30 

The TCEQ revised the proposal as a result of this 

comment. The TCEQ agrees that the correct citation is 

30 TAC Section 116.12(13). The TCEQ finalized 30 

TAC Section 116.116(e)(1)(B) with a general citation 
46 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

TAC section 116.12(13). EPA is evaluating pending 

revisions to 30 TAC section 116.12 that 

substantively revise and renumber this section. 30 

TAC section 116.12(20) must be approved before 

EPA could proceed with a proposed action on the 

revised Qualified Facility Program. Our comments 

on the proposed revisions to 30 TAC section 

116.116(e) do not reflect any intent or future action 

by the EPA to grant SIP approval to the revisions to 

30 TAC section 116.12. 

to 30 TAC Section 116.12 to reduce administrative 

burden if the specific citation is renumbered within 30 

TAC Section 116.12 in the future. See 35 TexReg

8957. 

The TCEQ’s response addresses the EPA’s concerns. 

12. New 30 TAC section 116.116(e)(2)(A) requires 

owners or operators to submit an application for a 

permit alteration for each permit issued under 30 

TAC section 116.111 involved in the qualified 

facility transaction. The SIP-approved alteration 

provisions at 30 TAC section 116.116(c)(B)(iii) 

state that a permit alteration is "any change from a 

representation in an application, general condition, 

or special condition in a permit that does not cause 

an increase in the emission rate of any air 

contaminant." Therefore, the SIP-approved 

alteration process cannot be used to revise the 

permit for the facilities involved in the qualified 

facility transaction that has the increase in 

allowables. To use permit alterations for the 

facilities with emission increases, the TCEQ must 

propose a revision to the permit alterations 

provisions. 

The TCEQ revised the proposal as a result of this 

comment. The TCEQ’s response to comments at 35 

TexReg 8957 explains that the TCEQ agrees the use of 

the term “alteration” was confusing. Therefore the 

TCEQ created the new definition of “revision” at 30 

TAC Section 116.17 to provide a means to make the 

qualified change federally enforceable. 

The TCEQ’s response addresses the EPA’s concerns. 

13. There appears to be a typographical error in new 30 

TAC section 116.116(e)(2)(D). We believe the 

sentence should read: 

No allowable emission rate in as defined in § 

116.17 of this title (relating to Qualified Facilities 

Definitions) shall be exceeded. 

The TCEQ agreed there was a typographical error and 

corrected the error in the final adoption. 

The TCEQ’s response addresses the EPA’s concerns. 

 

14. Our final disapproval of the Qualified Facility 

Program determined that the program was deficient 

as a minor NSR program because it did not require 

participating facilities to have an underlying permit 

and an air quality impact analysis. See 75 FR 

19468, at 19486-19487. New 30 TAC section 

116.116(e)(2)(E) includes the following language:" 

... regardless of whether the facility has received a 

preconstruction permit or permit amendment ....” 

This section must be revised to accurately address 

this concern and to be consistent with the stated 

intent of the TCEQ, which is that a facility must 

have an authorization under 30 TAC Chapter 106 or 

116 and air quality impact analysis in order to be 

"qualified" under the Program. See new 30 TAC 

section 116.116(e)(l)(A). 

The TCEQ revised the proposal as a result of this 

comment. The TCEQ adopted 30 TAC Section 

116.116(e)(1)(A) which explicitly requires that 

sources involved in the qualified facility program are 

already authorized by a PBR, SP or case-by-case 

permit. See 35 TexReg 8958. 

The TCEQ’s response addresses the EPA’s concerns. 
47 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

15. The interchange methodology at 30 TAC section 

116.116(e)(5) is unapprovable for the sulfur 

dioxides and PM NAAQS. The term "sulfur 

compounds" used in the interchange methodology is 

broad enough to include hydrogen sulfide, which is 

a regulated NSR pollutant (see 40 CFR 

52.2l(b)(23)(i) and 52.21 (i)(5)(i)), and requires a 

separate netting analysis from sulfur oxides. The 

interchange methodology also allows PM2.s to be 

interchanged with PM10, which are two separate 

pollutants. For additional information see our final 

disapproval of the Qualified Facility Program at 75 

FR 19468, at 19474. 

TCEQ did not change the proposal as a result of this 

comment. However, in the response to comments at 

35 TexReg 8958, the TCEQ explains that 30 TAC 

Section 116.116(e)(5)(E) requires an applicant to 

demonstrate that the change will not adversely affect 

air quality before the TCEQ approves the change. It is 

the responsibility of the applicant to demonstrate the 

interchange will not impact air quality, if that cannot 

be accomplished the TCEQ doesn’t approve the 

qualified facility trade. TCEQ recognizes that sulfur 

dioxide and hydrogen sulfide are dangerous 

compounds with disaster potential. A demonstration 

of an acceptable interchange between these substances 

will be difficult and subject to intense review before 

approval. However, the State has determined that 

allowing the interchange, should an applicant be able 

to make the appropriate demonstration, could reduce 

the potential harmful effects of these substances. The 

State is also aware that demonstrations of the relative 

health effects of PM10 and PM2.5 and their 

interchange are not fully developed. Without an 

approved and replicable demonstration, such an 

interchange would not be allowed, but the State does 

not want to prohibit potential air quality benefits if 

future developments allow a successful and replicable 

demonstration. 

The TCEQ’s response addresses the EPA’s concerns. 

16. 30 TAC section 116.116(e)(5)(E) requires an owner 

or operator to demonstrate that the change will not 

adversely affect ambient air quality, but 30 TAC 

section 116.117(a)(4) only requires an owner or 

operator to maintain sufficient information to show 

that the project is not expected to adversely affect 

ambient air quality. We interpret 30 TAC section 

116.117(a)(4) as requiring a lesser degree of 

stringency in the analysis. Therefore, the TCEQ 

must revise 30 TAC section 11 6.117(a)(4) to 

require a demonstration consistent with 30 TAC 

section 116.116(e)(5)(E). Please also explain the 

replicable procedure that TCEQ will employ to 

determine the change will not adversely impact 

ambient air quality. 

The TCEQ revised the rule as a result of this 

comment. The TCEQ uses established modeling 

procedures to determine air quality effects. Applicants 

for qualified facility changes must conform to these 

procedures in demonstrating that qualified facility 

changes will not adversely affect air quality, and the 

results obtained by the applicant must be replicable. 

See 35 TexReg 8958. 

The TCEQ’s response addresses the EPA’s concerns. 

17. 30 TAC section 116.116(e)(8)(A) provides that a 

facility may utilize control methods that are as 

effective as BACT required at the time the control 

methods are implemented. It is our understanding of 

the Texas Clean Air Act that only State BACT can 

apply to a minor NSR program, including the 

Qualified Facility Program. Please confirm this 

understanding. Also, 30 TAC section 

The TCEQ’s response to comments at 35 TexReg

8958 confirms that the cited language at 30 TAC 

Section 116.116(e)(8)(A) is only applicable to the 

Qualified Facilities program, which is a minor NSR 

program. As such, only state BACT applies as 

provided in 30 TAC Section 116.10(1). The TCEQ 

further explained the procedures used for establishing 

State BACT. 
48 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

116.116(e)(8)(A) must be revised to explicitly 

provide that State BACT at 30 TAC section 

116.10(1) applies. Please explain the replicable 

procedure that TCEQ will employ to determine the 

control method is as effective as State BACT. 

The TCEQ’s response addresses the EPA’s concerns. 

18. The Chapter 116 preamble at pages 8-9 states that 

new 30 TAC section 116.116(e)(l0) contains antibacksliding provisions such that the existing level 

of control may not be lessened for a Qualified 

Facility. The preamble further explains that this 

anti-backsliding provision will be implemented for 

intraplant trades through revisions to the maximum 

allowable emission rate table (MAER T) for the 

participating facilities. The rule language at 30 TAC 

section 116.116(e)(l0) does not require a c hange to 

the MAERT, nor can we find this provision 

elsewhere in the proposed rules. The TCEQ should 

revise the rule language to require MAERT 

revisions as explained in the preamble. 

The TCEQ did not revise the proposal as a result of 

this comment. However, the response to comments at 

35 TexReg 8958 explains that the MAERT is revised 

anytime a new emission rate is established in a caseby-case permit. The adopted rule at 30 TAC Section 

116.116(e)(2) requires that a permit will be revised 

when the qualified facility change is made – this 

means that the MAERT will be revised. 

The TCEQ’s response addresses our concerns. 

19. The annual report under 30 TAC section 

116.117(b)(l) must be revised to address our 

concerns about the time lag between when the 

change is made and the TCEQ is notified. As noted 

in our final disapproval of the Qualified Facility 

Program, a six month report will better enable the 

TCEQ to monitor compliance with NAAQS, RFP or 

other control strategies. See 75 FR 19468, at 19482. 

The TCEQ has revised the proposal as a result of this 

comment. See 35 TexReg 8959 for the TCEQ’s 

explanation. 

The TCEQ’s response addresses our concerns. 

20. 30 TAC section 116.117(b)(1) should be revised to 

require reporting for changes to Qualified Facilities 

with intraplant trading. 

The TCEQ has revised the proposal as a result of this 

comment. See 35 TexReg 8959 for the TCEQ’s 

explanation. 

The TCEQ’s response addresses our concerns. 

21. TCEQ has deleted the provision for post-change 

notification (former 30 TAC section 116.117(b)(2)), 

but the revised regulations do not expressly require 

prechange notification in all instances. As discussed 

above in Comment 3, we find that the proposed 

regulations governing notification requirements are 

vague. We strongly encourage TCEQ to expressly 

state that pre-change notification is required for all 

qualified changes. If TCEQ does not intend to 

require pre-change notification for all qualified 

changes, then we request that TCEQ further clarify 

timing and requirements for notification for all 

qualified changes contemplated under the Program. 

The TCEQ revised the proposal as a result of this 

comment. The final submittal includes new 30 TAC 

Section 116.116(e)(2) which requires that the 

applicant provide prior notification of all changes. See 

35 TexReg 8959 for the TCEQ’s explanation. 

The TCEQ’s response addresses our concerns. 

22. New 30 TAC section 116.117(b)(2) requires prechange notification if a physical or operational 

change at a Qualified Facility will affect compliance 

with a permit special condition. Please explain what 

constitutes a permit special condition. Does this 

mean that a facility can change and/or remove 

federally required monitoring, reporting, and 

The TCEQ revised the proposal as a result of this 

comment. As explained in the response to comments 

at 35 TexReg 8959, the TCEQ has deleted the cited 

provision. See the response to comments for the 

TCEQ’s full explanation. 

The TCEQ’s response addresses our concerns. 
49 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

recordkeeping requirements without public notice? 

Is it possible that a facility could modify special 

conditions established under federal Consent 

Decrees or enforcement actions? We recommend 

that TCEQ revise this provision to clarify its 

applicability. 

23. We interpret 30 TAC section 116.118, Pre-change 

Qualification, as applying only to facilities that do 

not have an existing permit, i.e., qualified 

grandfathered facilities. Please explain the types of 

facilities that are covered under 30 TAC section 

116. 118. If these facilities are indeed qualified 

grandfathered facilities please consider removing 30 

TAC section 116.118. If these facilities are not 

qualified grandfathered facilities, we recommend 

clarifying 30 T AC sections 116.118(a)(1) and 

(a)(2) to improve clarity of the rule language. 

The TCEQ agrees with the EPA’s interpretation that 

this section only applies to grandfathered facilities. 

Therefore, the TCEQ withdrew the proposed 

amendment to 30 TAC Section 116.118 as a result of 

this comment. See 35 TexReg 8959. 

The TCEQ’s response addresses our concerns. 

24. The proposed supplement to the SIP titled 

"Concerning the Qualified Facility Program as 

Authorized by Senate Bill 1126" identifies all of the 

Qualified Facilities in Texas. The TCEQ has created 

this supplemental document in an effort to show 

that these facilities will not adversely impact 

attainment or maintenance of the NAAQS, RFP, or 

any other applicable requirement of the Act. TCEQ 

makes the argument that Qualified Facilities net 

allowable emissions from existing permits that were 

issued under SIP-approved permit programs 

consistent with section 110(l) of the CAA. 

Therefore, the Qualified Facility Program by 

extension must demonstrate consistency with 

section 110(l) of the CAA. However, this analysis 

does not address the Qualified Grandfathered 

Facilities, which did not have underlying SIPapproved Chapter 116 permits or Chapter 106 

authorizations. The proposed SIP supplement must 

be revised to identify which of these facilities were 

Qualified Grandfathered Facilities so that we can 

assess the impact of sources without permits on this 

Program. The TCEQ must also provide verification 

that each Qualified Grandfathered Facility is now 

covered under a SIP-approved Chapter 116 permit 

or Chapter 106 authorization. 

The TCEQ revised the SIP supplement and the 

response to comments to discuss grandfathered 

facilities and how these facilities are now authorized. 

See 35 TexReg 8959 for the TCEQ’s explanation. The 

TCEQ confirmed that any facility that was previously 

grandfathered is now authorized under the Texas air 

program (Chapter 116 or Chapter 106). Because each 

of these facilities is now an authorized facility, the 

supplement does not include a listing of grandfathered 

facilities. 

The TCEQ’s response addresses our concerns. 

25. The "Program Summary" portion of the proposed 

supplement to the SIP titled "Concerning the 

Qualified Facility Program as Authorized by Senate 

Bill 1126" must be revised to accurately reflect the 

requirements of new 30 TAC section 

116.116(e)(1)(A), that a facility must have an 

authorization under 30 TAC Chapter 106 or 116 

before it can become a qualified facility. 

The TCEQ revised the SIP supplement to address our 

concerns. 
50 

Table 9 – Evaluation of the October 5, 2010 Submittal and the EPA’s June 7, 2010 

Comment Letter 

The EPA’s Comments Our Analysis of the TCEQ’s Response 

26. The "TCEQ Administration of the Qualified 

Facilities Program" portion of the proposed 

supplement to the SIP titled "Concerning the 

Qualified Facility Program as Authorized by Senate 

Bill 1126" must be revised to clearly indicate that 

the references to BACT are to State BACT. See 

comments numbers 7 and 17 above for additional 

information. 

The TCEQ revised the SIP supplement to address our 

concerns. 

27. Appendix 4 - Senate Bill 1126 Guidance – of the 

proposed supplement to the SIP titled "Concerning 

the Qualified Facility Program as Authorized by 

Senate Bill 1126", must be reviewed and updated 

consistent with each of the concerns identified in 

our Qualified Facility disapproval notice and the 

proposed revisions to 30 TAC Chapter 116. EPA is 

unable to determine whether the revised Qualified 

Facility Program complies with section 110(l) of the 

CAA until TCEQ updates this guidance to correlate 

with the revised rules and submits the updated 

guidance to EPA. 

The TCEQ is not submitting the guidance for 

inclusion into the Texas SIP. The TCEQ explains at 

35 TexReg 8960 that the guidance will be updated to 

maintain consistency with the adopted QF program 

and the EPA’s approval of the QF program. 

The EPA finds this response adequate to address our 

concerns. We do not require that guidance be a part of 

a state’s SIP. However, the guidance cannot 

circumvent the approved SIP or enable the state to 

authorize an activity that is not approved under the 

Texas SIP. 

The analysis presented in Table 9 above demonstrates that the TCEQ has adequately addressed 

the EPA’s concerns.
4. Evaluation of How the October 5, 2010 Submittal Addresses the EPA’s April 14, 2010 

Disapproval 

On April 14, 2010, EPA finalized our disapproval of the Texas Qualified Facilities Program 

because it did not meet: 1) the Minor NSR SIP requirements and 2) the NSR SIP requirements 

for a substitute Major NSR SIP revision. 

a) Deficiencies under Minor NSR 

Presented below is our evaluation of how the newly submitted October 5, 2010, Qualified 

Facilities program addresses each of the identified Minor NSR from our April 14, 2014 

disapproval. 

Table 10: Evaluation of the October 5, 2010 Qualified Facilities Program and the April 

14, 2010 Minor NSR Deficiencies 

Identified Deficiency How the October 5, 2010 Submittal corrects the 

deficiency 

It is not clearly limited to Minor NSR thereby allowing 

major modifications to occur without a Major NSR 

permit 

The TCEQ has submitted new requirements at 30 TAC 

Section 116.116(e) (1)(B) that requires that before a 

change can be accepted as a qualified facility change, 

the applicant must conduct a netting analysis for each 

associated change to ensure that major source PSD or 

NNSR permitting requirements are not applicable. 

It has no regulatory provisions clearly prohibiting the 

use of this Program from circumventing the Major 

NSR SIP requirements thereby allowing sources to 

avoid the requirement to obtain preconstruction permit 

authorizations for projects that would otherwise 

require a Major NSR preconstruction permit 

The TCEQ has submitted new requirements at 30 TAC 

Section 116.116(e) (1)(B) that requires that before a 

change can be accepted as a qualified facility change, 

the applicant must conduct a netting analysis for each 

associated change to ensure that major source PSD or 

NNSR permitting requirements are not applicable. 

It does not require that first an applicability 

determination be made whether the modification is 

subject to Major NSR thereby exempting new major 

stationary sources and major modifications from the 

EPA Major NSR SIP requirements 

The TCEQ has submitted new requirements at 30 TAC 

Section 116.116(e) (1)(B) that requires that before a 

change can be accepted as a qualified facility change, 

the applicant must conduct a netting analysis for each 

associated change to ensure that major source PSD or 

NNSR permitting requirements are not applicable. 

It fails to meet the statutory and regulatory 

requirements for a SIP revision 

The October 5, 2010, revision does meet the statutory 

requirements for a SIP revision. As demonstrated in 

section III.A of this TSD, the October 5, 2010 

submittal satisfies the completeness criteria for a SIP 

revision under 40 CFR Part 51, Appendix V. 

It is not consistent with applicable statutory and 

regulatory requirements as interpreted in EPA policy 

and guidance on SIP revisions 

The TCEQ has submitted new requirements at 30 TAC 

Section 116.116(e)(1)(B) that requires that before a 

change can be accepted as a qualified facility change, 

the applicant must conduct a netting analysis for each 

associated change to ensure that major source PSD or 

NNSR permitting requirements are not applicable. The 

TCEQ also submitted 30 TAC Section 116.117(b) 

which states that nothing in the Qualified Facilities 

program can be construed to limit the applicability of 

any federal requirement. Therefore, the October 5, 

2010 Qualified Facilities Program will be consistent 
52 

Table 10: Evaluation of the October 5, 2010 Qualified Facilities Program and the April 

14, 2010 Minor NSR Deficiencies 

Identified Deficiency How the October 5, 2010 Submittal corrects the 

deficiency 

with statutory and regulatory requirements for major 

and minor source permitting. 

It is not an enforceable Minor NSR permitting program The October 5, 2010, QF Submittal is not a minor NSR 

permitting program. Rather, the QF program is 

mechanism to promote flexibility among currently 

permitted sources in Texas that are either authorized 

under a Texas PBR or Chapter 116. The QF program 

enables sources to make changes to already existing 

permitted sources without a permit. Further, the 

program requires that for the existing permits involved 

in the change, the PBR/SP/or other Chapter 116 permit 

will be revised to make any changes in allowable 

emissions federally enforceable. 

It lacks legally enforceable safeguards to ensure that 

the exempted changes will not violate a Texas control 

strategy and will not interfere with NAAQS 

attainment 

The October 5, 2010 Qualified Facilities program 

allows changes at existing permitted facilities to occur 

- but these changes are not subject to major source 

permitting requirements and will not result in a net 

increase in allowable emissions. Therefore, because the 

permitted allowables do not change, the EPA has 

determined that there will be no impact to the control 

strategies or interfere with attainment or maintenance 

of the NAAQS or increment. Further, the revised 

Qualified Facility program at 30 TAC Section 

116.116(e)(2) requires that the existing permit 

authorizations (PBR, SP, or existing Chapter 116 

permit) must be revised to reflect the transfers of 

allowable emissions. Note that even though the 

program involves transfers of allowables, there will be 

no net increase in allowable emissions and therefore no 

impact on air quality from what was already permitted. 

Additionally, the Qualified Facility program at 30 TAC 

Section 116.116(e)(5)(E) requires that the facility 

owner demonstrate that the qualified facility change 

will not adversely affect ambient air quality. 

EPA lacks sufficient available information to 

determine that the requested relaxation to the Texas 

Minor NSR SIP will not interfere with any applicable 

requirement concerning attainment and RFP, or any 

other applicable requirement of the Act 

The October 5, 2010, Qualified Facilities Program 

submittal is not a relaxation of the Texas Minor NSR 

Program. As explained in this TSD, the Qualified 

Facilities program is only applicable at existing 

permitted facilities. These participating facilities can 

provide for an actual increase in emissions as a result 

of netting of permit allowables. So while there is a 

possibility of an increase in actual emissions, there will 

be no net increase in allowable emissions and 

consequently no impact on air quality since the permit 

allowables have already been reviewed for air quality 

impacts. 
53 

b) Deficiencies under Major NSR 

Because the analysis presented in the preceding sections of this TSD clearly demonstrates that 

the October 5, 2010, submitted Qualified Facilities Program is a component of the Texas Minor 

NSR program, we do not need to analyze how the program addresses the deficiencies identified 

as not meeting a substitute Major NSR SIP revision. These identified deficiencies are not 

applicable to a minor NSR program because it cannot be used to substitute for or circumvent 

federal major source permitting requirements. 
D. Evaluation of the October 5, 2010, Texas SIP Submittal with respect to Clean Air 

Act Section 110(l) 

Section 110(l) of the CAA states that: 

Each revision to an implementation plan submitted by a State under this Chapter 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, or any other 

applicable requirement of this chapter. 

Thus, under Section 110(l), the EPA cannot propose to approve a SIP revision that has not been 

developed with reasonable notice and public hearing. Nor can we propose to approve a revision 

that will worsen air quality. The EPA has determined that the revisions to the General 

Definitions and the Qualified Facilities Minor NSR program as submitted by the TCEQ on 

October 5, 2010, was developed using the Texas SIP-approved process with adequate notice and 

comment procedures. Our analysis also indicates that the General Definitions, with the exception 

of 30 TAC Section 116.10(9)(F) as discussed previously, are necessary to implement the CAA 

required title I permitting programs in Texas. As such, these General Definitions will support the 

state’s air quality programs and will not interfere with attainment, reasonable further progress or 

any other applicable requirements of the CAA. Additionally, the EPA has determined that the 

Minor NSR Qualified Facilities Program establishes a mechanism to allow modifications at 

existing, permitted facilities to occur without a permit revision by requiring an increase in 

permitted emission allowables to be offset by a corresponding decrease in permitted emission 

allowables at the same facility. Because the facilities participating in the Qualified Facilities 

program have been previously authorized under SIP-approved permitted mechanisms, the 

permitted emission allowables have been developed such that there is no interference with 

attainment, reasonable further progress or any other applicable requirement of this chapter. 

Therefore, the EPA concludes that approval and implementation of the Qualified Facilities 

program will not result in degradation of air quality. 

 
55 

IV. Conclusion 

The technical analysis provided in the preceding sections has compared the applicable sections 

of the CAA and 40 CFR Part 51 to the October 5, 2010 proposed revision to the Texas SIP for 

revisions to the General Definitions and the creation of the Minor NSR Qualified Facilities 

Program. This analysis found that the September 15, 2010, adoption of the revisions submitted 

on October 5, 2010, are consistent with the CAA and the EPA’s regulations. It is recommended 

that the EPA propose approval of the following revisions to the Texas SIP: 

 Substantive and non-substantive revisions to the General Definitions at 30 TAC Section 

116.10, as initially adopted on June 17, 1998 and submitted on July 22, 1998 and revised 

through October 5, 2010, with the exception of 30 TAC Section 116.10(9)(F). Note that 30 

TAC Section 116.10(5)(F) has not been submitted or proposed for inclusion in the Texas 

SIP. 

 New section 30 TAC Section 116.17 establishing the definitions for the Minor NSR 

Qualified Facilities Program as adopted by the State on September 15, 2010 and 

submitted on October 5, 2010. 

 Substantive revisions to 30 TAC Section 116.116(e)(1) – (e)(11) creating the Texas 

Minor NSR Qualified Facilities Program as adopted by the State on September 15, 2010 

and submitted on October 5, 2010. 

 New section 30 TAC Section 116.117 establishing the documentation and notification 

requirements for the Minor NSR Qualified Facilities Program as adopted by the State on 

September 15, 2010 and submitted on October 5, 2010. Note that 30 TAC Section 

116.117(a)(3)(B) has not been submitted or proposed for inclusion in the Texas SIP. 

 The SIP narrative titled “Revisions to the State Implementation Plan (SIP) Concerning 

the Qualified Facility Program as Authorized by Senate Bill 1126” as submitted on 

October 5, 2010. 

It is recommended that the EPA propose to disapprove 30 TAC Section 116.10(9)(F) pertaining 

to natural gas processing facilities as submitted on October 5, 2010. The EPA previously 

disapproved this provision on November 17, 2011, as not clearly limited to the Minor NSR 

program and as not satisfying the anti-backsliding requirements under CAA section 110(l). The 

state resubmitted the provision on October 5, 2010, unchanged with the exception of numbering 

and provided no additional evidence to substantiate inclusion in the Texas Minor NSR program 

or to demonstrate that the exemption from permitting was justified under section 110(l). As such, 

we continue to find that this provision is not clearly limited to Minor NSR and should be 

disapproved as inconsistent with the requirements of section 110 of the Act.