Technical Support Document Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

Discussion ofRevisions to Chapter 116, SubchapterD - Permit Renewals I. Introduction A. Overview. This Technical Support Document (TSD) is a technical evaluation ofsubmitted revisions to the Texas State Implementation Plan (SIP). Specifically, this is the evaluation ofSIP revisions to Title 30 ofthe Texas Administrative Code (30 TAC), Chapter 116

- Control of Air Pollution by Permits for New Construction or Modification, Subchapter D

- Permit Renewals. This includes SIP revisions submitted December 15, 1995; July 22, 1998; and September 4, 2002. These SIP submittals include revisions to 30 TAC 116.310, severable portions of 30 TAC 116.311, 116.312, 116.313, 116.314, and 116.315. As discussed in paragraphs 1-4 below, all or portions of 30 TAC 116.311, 116.312, 116.313, and 116.315, have been addressed in prior actions. This action addresses the remaining provisions of 30 TAC 116.310, 116.311, and 116.314 that are currently pending before EPA for action, except where otherwise stated. 1, Revisions to 30 TAC 116.310

- Notification of Permit Holder. This action addresses non-substantive revISIons submitted December 15, 1995, and July 22, 1998. There are no other revisions to this sectionpending before EPA. 2. Revisions to 30 TAC 116.311

- Permit Renewal Application. In a prior action published at 75 FR 11464 (March II, 2010), EPA approved severable portions of 30 TAC 116.311. The remaining severable portions that are addressed inthis action are: i. Revisions submitted December 15, 1995, and July 22, 1998.

a. Removal ofparagraphs (a)(1), (a)(3), and (a)(4); b. Redesignation of paragraphs (a)(2), (a)(5), and (a)(6) to paragraphs (a)(1 )-(3), respectively;

c. Addition ofnew paragraphs (a)(4)-(5); d. Addition ofnew subsection (b); and

e. Redesignation of existing subsection (b) to subsection (c) with non-substantive revisions; and

IThis action and July 22, 

### Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - PermitRenewals


### f. Redesignation and reorganization of existing subsection (c) to subsections (d) and (e). I 

### ii. Revisions submittedSeptember4, 2002:

a. Addition ofnew paragraph (a)(1); b. Redesignation of existing paragraphs (a)(1)-(5) to paragraphs (a)(2)-(6), respectively; and

c. Moved subsections (d) and (e) to new 30 TAC 116.3152
Revisions to 30 TAC 116.312

- Public Notification and Comment Procedures. EPA will address the revisions to 30 TAC 116.312 submitted December 15, 1995; July 22, 1998; and October 25, 1999; in a separate action. EPA proposed limited approval and limited disapproval ofthe revisions to Texas's public participation rules, including 30 TAC 116.312 on November 26, 2008 (73 FR 7200I). EPA later withdrew the proposed limited approval and limited disapproval of30 TAC 116.312 onNovember 12, 2010 (75 FR 68921). EPA withdrew the proposed action because the State withdrew, revised, and re-submitted the substantial majority ofthe Texas public participation rules. EPA will take action on 30 TAC 116.312 when we act on the State's public participation submittal currently before us. There are no othercurrently pending revisions to 30 TAC 116.312 that are before EPA for action. 4. Revisions to 30 TAC 116.313

- Renewal Application Fees. EPA approved the revisions to 30 TAC 116.313 submitted December 15, 1995; July 22, 1998; October4,2002; and September25, 2003; in a direct final approval ofthe revisions to 30 TAC 116.313 on March 20, 2009 (74 FR 11851). There are no other currently pending revisions to 30 TAC 116.313 that are before EPA for action. Revisions to 30 TAC 116.314

- Review Schedule. addresses revisions submitted December 15, 1995, 1998. This action addresses: i. 

### Revisions submittedDecember 15, 1995: Non--substantive revisions to subsections (a), (b), and (c);

I The redesignated and reorganized subsections (d) and (e) were movedto anew 30 TAC 116.315 in the September4, 2002, SIP submittal. EPA approvedthese revisions in a separate action on March II, 2010 (75 FR 11464).
2 EPA approvedthis change in a separate action on March 11, 2010 (75 FR 11464).



### 2Technical Support Document Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification Subchapter D - Permit Renewals

ii. Revisions submittedJuly 22, 1998: 1. The reorganization of subsection (a) into subsections (a) and (b) andrevisions thereto; and 2. The redesignation of subsections (b) and (c) to subsections (c) and (d) respectively, and revisions thereto. There are no otherrevisions to this sectionpendingbefore EPA. 6. Revisions to 30 TAC 116.315

- Pennit Renewal submittal. EPA approved 30 TAC 116.315 submitted September 4, 2002; September 25, 2003; and May 30, 2008; at 75 FR 11464 (March II, 2010). There are no other currently pending revisions to 30 TAC 116.315 that are before EPA for action. B. What is the date for taking final action on these SIP submittals? Under a Consent Decree for a lawsuit Business Coalitionfor Clean Air Appeal Group v. EPA, Case No. 3-08cvI791-G, EPA must take final action on Pennit Renewals by October31,2011. II. Overview of Subchapter D of Chapter 116. Subchapter D of Chapter 116 includes the provisions relating to Permit Renewals. A. What provisions under Subchapter D (excluding 30 TAC 116.312, 116.313, and 116.315) are currently in the approved SIP? EPA approved the following sections under Subpart DonMarch 10,2006 (71 FR 12285): Table 1. Current SIP-Approved Rules under 30 TAC Chapter 116, Subchapter D (Excluding Pending Revisions to 30 TAC 116.312 which are Being Addressed in a

• The reVISIons submitted December 15, 1995; July 22, 1998; and September 4, 2002, resulted 10 the removal of subsection (c) of 30 TAC 116.311 and the recodification ofthose provisions into 30 TAC 116.315. I Section - Iitle State \ctions EP;\ \ctlOllS Submitted \dopted [frectl\(' \pPr£l\ed f R Cite Effecth(' 30TAC 116.310- 8/31/1993 8/1611993 911311993 3/10/2006 71 FR 12285 51912006 Notification ofPermit Holder 30TAC 116.311-Pennit 8/31/1993 811611993 9/1311993 3110/2006 71 FR 12285 519/2006 Renewal Application 4/29/1994
_.

___**4L~!}22~_.** __. 511411996

---------------------- -------------------- ---------------------- -------------_._--- -------------------

12115/1995' 11/1611995' 12/1111995' 3111/2010 75 FR 11464 5/1012010 7/22/1998' 6/1711995' 7/8/1998' 9/4/2002' 8/2112002' 9/4/2002' 30TAC 116.314- 8/3111993 8/1611993 9113/1993 3110/2006 71 FR 12285 519/2006 Review Schedule

..

3Technical SupportDocument Revisions to Texas StateImplementation Plan Relating to PermitRenewals Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - Permit Renewals
B. 

### What are the pending SIP revisions that have been submitted to EPA? The following SIP revisions are currently pending before EPA for action. See Table 3 below for details of what portions of these sections are reviewed inthis action. Table 2. Summary of Pending SIP Submittals which Revised Subchapter D (Excluding Pending Revisions to 30 TAC 116.312 which are Being Addressed in a

I Descnption ofSIP Date \dopted b.' Effedi\(' :1" SectIOns ofSuhchapter D affected Submittal Submitted to StHte State Rule EP\ Permit Renewals 12/15/1995' 1111611995'**_!_?!JJ!l?JJ_~_** 30 TAC 116.310, 116.311, &

-------------------------------------------- -------------------------- ------------------------- NSR Rule Revisions; 7/22/1998' 611711998' 7/08/1998' 116.314 §I12(g) Rule Review for Chapter 116 Shipyard Faeilities and NSR 9/4/2002 0812112002 9112/2002 30TAC 116.311

Maintenance Emissions

, Because Texas repealed and resubmItted each section under Subchapter D III Its July 22, 1998, SIP submittal, our analysis includes December 15,1995 and July 22,1998, SIP submittals together.
Table 3. Summary ofthe Individual Regulations which relate to SubchapterD since Approval of the Current SIP Approval of Subchapter D (Excluding Pending

, I



## - SectIOn

M r.tle Date Hopted**b~** EffectlH as ( omments Submitted to State State Rule**EP~** 30TAC 116.310- 1211511995' 11116/1995'

.1211111995' Non-substantive changes to the Notification of 7/2211998' 6117/1998' 7/8/1998' section. Permit Holder 30TAC 116.311- 12/15/1995' 1111611995' 12/1111995' Removed paragraph (a)(I), (a)(3), PermitRenewal 7/2211998' 611711998' 7/8/1998' and (a)(4), and renumb.ered Application existing paragraphs (a)(2), (5), & (6) to paragraphs (a)(I)-(3); New paragraphs (a)(4)-(5); New Subsection (b); Renamed existing subsection (b) to
new subsection (e) with nonsubstantive revisions; and Recodified and reorganized existing subsection (e) as new subsections (d) and (e)," 9/4/2002 8/2112002 9112/2002 New paragraph (a)(I) & renumbered existing paragraphs (a)(I)-(5) to paragraphs (a)(2)-(6)

4Technical SupportDocument Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

Section

_rille Date \dopted by Effe-ctne as (omments SubmItted to State State Rule EP\ 30TAC 116.314- Review Schedule 1211511995' 7/2211998' llil6/1995' 611711998' 12/1111995* Reorganized subsection (a) into 71811998' subsections (a) and (b) with
non-substantive revisions; Re-designated existing subsections (b) and (c) to subsections (c) and (d) with revisions,

, Because Texas repealed and resubmitted each section under Subchapter D in its July 22, 1998, SIP submittal, our analysis includes December 15, 1995 and July 22,1998, SIP submittals together

.

.. The recodification and reorganization ofexisting 30 TAC 116.31 I(c) as 30 TAC 116.311(d) and (e) in the December 15, 1995, submittal and the subsequent recodification 000 TAC 116.311(d) and (e) into a new 30 TAC 116.315 was separately approved on March 11, 2010.
C. How is the evaluationofthese rules organized inthis document? 1. The Appendix to this document is a detailed evaluation of each rule concerning whether it meets, or does not meet, applicable Federal requirements. It includes an underline/strikeem annotation ofthe submitted rules which show how the rule is changed and a detailed evaluation ofwhether the rule meets the requirements for SIP approval under40 CFRpart 51 andthe Act. 2. Specific provisions ofthe submittedrules that require greaterdetail than what is feasible inthe Appendix are evaluated in section III of this document. Section III includes a detailed discussion of specific provisions that relate to specific issues that require extensive discussion concerning whether they meet applicable requirements for SIP approval. 3. Each rule is reviewed for compliance with the requirements ofthe Clean Air Act (Act) and 40 CFR part 51

- Requirements for Preparation, Adoption, and Submittal of Implementation Plans. Theserequirements include, but are not limited to, the following:
i. 

### §11 O(a)(2)(C) of theActwhichprovides· (C) include a program to provide for the enforcement of the measures described 10 subparagraph (A), and regulation of the modification and construction of any stationary
sources within the covered by the plan as necessary to assure that national ambient air quality standards
are achieved, including a permit program as required inparts C andD;



### 5Technical Support Document Revisions 

### to Texas 

### State Implementation Plan Relating

### to Permit Renewals Chapter 116

- Control ofAirPollution by Permits forNew Construction or Modification Subchapter D - Permit Renewals

ii. 

### §110(1) of theActwhichprovides: (I) Plan Revisions. - Each reVISIOn to an implementation plan submitted by a State underthis Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirementofthis Act.
iii. 40 CFR 

### 51.160(a)-(b) whichprovides: (a) Each plan must set forth legally enforceable procedures that enable the State or local agency to determine whether the construction or modification of a facility, building, structure or installation, combination ofthese will result in

- (I) A violation ofapplicable portions ofthe control strategy; or (2) Interference with attainment or maintenance ofa national standard in the State in which the proposed source (or modification) is locatedorin aneighboring State. (b) Such procedures must include means by which the State or local agency responsible for final decisionmaking on an application for approval to construct or modify will prevent such construction
ormodificationif

- (I) It will result in a violation ofapplicable portions ofthe control strategy; or (2) It will interfere with the attainment or maintenance ofanational standard. iv Other applicable requirements of the Actand40 CFRpart 51 willbe identifiedin the evaluation where appropriate.

6Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

III. Detailed Discussion Relating to Specific Provisions of the Submitted Rules. As discussed in section II.C.3 above, the following provisions were subject to substantive revision, or removal. In this section, we have included a detailed evaluation ofthese rules. A. Addition ofnew 30 TAC 116.3IlCa)(l) I. Background.
i. CurrentSIP. This provision is not inthe current SIP.
ii. Submitted Revision. Texas submitted paragraph (a)(l) on September 4, 2002. This paragraph was adopted by TCEQ
on August 21, 2002, and became effective as a state rule on September4, 2002. The submitted paragraph states: (]) dockside vessel emissions associated with the facility will comply with all rules and regulations ofthe commission and with the intent of the TCAA, including protection ofthe health and property of the public and minimization of emissions to the extent possible, consistent with good airpollutionpractices.
iii. Evaluation of paragraph (a)(l).

a. This paragraph ensures that upon renewal, "dockside vessel emissions associated with the permitted facility will comply with all rules and regulations ofthe commission and withthe 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 pollutionpractices." b. This revision is consistent with the provision in the SIP-approved 30 TAC 116.III(a)(2) as it relates to associated dockside vessel emissions. See 72 FR 49198 (August 28, 2007). The TCEQ obtained the authority to regulate dockside emissions under House Bill (HB) 3040, 77th Legislature, 2001 which amended the Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), §382.065 (Acts 200I, 77th Legislature, Chapter 1166, §I). See page 2 of the TCEQ's evaluation of the revisions submitted September4, 2002. The TCEQ further states:

7Technical Support Document Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAirPollution by Permits forNew Construction or Modification SubchapterD - Permit Renewals

The commission detennined thatdockside vessels are facilities as defined in TCAA, §382.003(6), and thus subjectto the requirements ofChapter 116. These emissions will require best available control technology (BACT) review, maximum allowable emission limitations, monitoring, testing, recordkeeping, and ambient air impacts review. The emissions originating from a dockside vessel that are the result of functions perfonned by onshore facilities or using onshore equipment include: loading and unloading ofliquid bulkmaterials, liquified gaseous materials, and solid bulk materials; cleaning and degassing liquid vessel compartments; and abrasive blasting andpainting."

See page 4 ofthe TCEQ's evaluation ofthe revisions submitted September4, 2002.

c. Finally, concerning the revision to 30 TAC 116.311, the TCEQ states:

The adopted amendment to §116.311, Pennit Renewal Application, requires that
owners oroperators submit infonnationthat demonstrates that dockside emissions comply withall commissionrules and regulations and the intent ofthe TCAA, including protection ofthe health and property ofthe public and the minimization ofemissions to the extentpracticable, consistent with good air pollution control practices. Existing dockside emissions will be reviewed for off-property effects considering magnitude, frequency, and duration.

See page 4 of the TCEQ's evaluation of the revisions submitted September 4, 2002. The addition of new paragraph (a)(I) ensures that pennits to construct and pennit renewals that pre8Technical Support Document Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

date TCEQ's rule change to regulate dockside emissions at 30 TAC 116.111(a)(2) are required at renewal to ensure all dockside emissions comply withthe statute andregulations. d. Accordingly, we propose to approve the addition of paragraph (a)(I), submitted September4, 2002. B. Submittedremoval of30 TAC 116.311(a)(I) 1. Background. i. Current SIP. EPA approved 30 TAC 116.311(a)(I) as adopted by TNRCC April 6, 1994, effective May 4, 1994. This paragraph was approved on March 10, 2006 (71 FR 12285); effective May 9, 2006. As currently approved, 30 TAC 116.311(a)(I) reads as follows: (I) The emissions from the facility comply with all applicable specifications and requirements in the Texas Air Control Board (TACB) rules and the Texas CleanAirAct (TCAA).
ii. Submitted revisions. On December 15, 1995, TNRCCI submitted a revision to 30 TAC 116.311, adopted November 16, 1995, effectiveDecember 11, 1995. OnJuly 22, 1998, TNRCC submitted a SIP revision that repealed and resubmitted 30 TAC 116.311, adopted June 17, 1998, effective July 8, 1998. In these SIP revisions, the existing provisions of30 TAC 116.311(a)(I) wereremoved. 2. Issues related to Submitted Revision
i. Paragraph (a)(I) of the current SIP provides that upon renewal the emissions from the facility will comply with all applicable specifications and requirements in the Texas Air Control Board (TACB)2 rules and the Texas Clean Air Act (TCAA). Texas submitted the removal of existing paragraph (a)(I) on December 15,1995, andJuly 22,1998.

I The Texas Natural Resource Conservation Commission (TNRCC) is apredecessor agency to the TCEQ.
2 The TACH is apredecessor agency to the TCEQ.

9

### Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by 

### Permits for New Construction or Modification SubchapterD - PermitRenewals

ii. EPA believes this provision is redundant because SIP already contains the substantive requirement at 30 TAC 116.115(b)(2)(H)(ii) requiring that [i]f more than one state or federal regulation or permit condition are applicable, the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated.
iii. There also is the SIP rule providing TCEQ with the authority to re-evaluate a source's ability to comply with the statute and regulations at renewal, as provided in the existing SIP rule at 30 TAC 116.311(b), whichis recodified to 30 TAC 116.311(c) inthis proposal. iv. Because the proposed removal ofthis paragraph merely is the removal of a redundant requirement, it is not a relaxation ofthe SIP. Therefore, approval ofthis revision will not interfere with attainment and reasonable further progress or any other applicable federal requirement, as requiredby section 110(1) ofthe CAA.

v. Conclusions and recommendations: Accordingly, we propose to approve the removal of existing paragraph (a)(I), submitted December IS, 1995, and July 22,1998. C. Submittedrevisions to 30 TAC 116.31I(a)(2). I. Background. i. Current SIP. EPA approved 30 TAC 116.311(a)(2) as adopted by TNRCC April 6, 1994, effective May 4, 1994. This paragraph was approved on March 

### 10, 2006 (71 FR 12285); effective May 9, 2006. As currently approved, 30 TAC 116.311(a)(2) reads as follows: (2) the facility is being operated in accordance with all requirements and conditions ofthe existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously granted renewal.
ii. Submittedrevisions:

a. On December IS, 1995, TNRCC submitted a revision to 30 TAC 116.311, adoptedNovember 16, 1995, effective December II, 1995. On July 22, 1998, TNRCC submitted a SIP revision that repealed and resubmitted 30 TAC 116.311, adopted

10Technical Support Document Revisions to Texas State Implementation PlanRelating to PermitRenewals Chapter II6

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

June 17, 1998, effective July 8, 1998. As submitted, 30 TAC 116.3II(a)(2) was redesignated to 30 TAC 116.311(a)(I) and revised to read as follows: 

### ill R1 the facility is being operated in accordance with all requirements and conditions ofthe existing permit, including representations in the application for permit to construct and subsequent amendments, and any previously grantedrenewal, unless otherwise authorized for
aqualified facility. b. On September 4, 2002, TNRCC submitted a revision to 30 TAC 116.311, adopted August 21, 2002, effective September 12, 2002. In this revision, 30 TAC 116.311(a)(I) was redesignated to 30 TAC 116.311(a)(2) with no other changes. 2. Issues Related to Submitted Revision.
i. This paragraph, was approved in the current SIP as paragraph (a)(2) in our March 2006, action. It requires that upon renewal, the facility must continue to be 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. This paragraph ensures that any permit upon renewal must continue to meet the requirements of 30 TAC 116.111(a)(2) in the current SIP which includes the requirements that must be met to for a applicantto receive a preconstructionpermit.
ii. The revisions submitted December IS, 1995, and July 22, 1998, added a provision that excludes a Qualified Facility from the requirements of paragraph (a)(2). The revised paragraph allows a change that was authorized for a Qualified Facility to be excluded from the requirement that upon renewal, the facility must continue to be 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.
iii. On April 14, 20I0 (75 FR 19468), EPA disapproved Texas' rules relating to Qualified Facilities.

IITechnical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - PermitRenewals

iv. The revision to 30 TAC lI6.3ll(a)(2) that excludes changes authorized under the Qualified Facilities Program is severable from the remainder ofparagraph (2) which is currently SIP-approved and continues to meet all applicable federal requirements. The new text, which excludes Qualified Facilities from the requirements of paragraph (a)(2), can be separated from the remaining text in paragraph (a)(2), which is currently in the SIP. This means that the implementation and enforcement of the current SIP-approved text is not dependent on approval of the revised text that excludes Qualified Facilities from complying with its existing permit. Therefore, the submitted revisionto paragraph (a)(2) canbe addressed in a separate action independent of the remainder of the submittedrevisions.

v. Conclusions andrecommendations regarding the submitted revisions to 30 TAC 116.311(a)(2).

a. The submitted revision to 30 TAC lI6.3Il(a)(2) that would exclude changes at Qualified Facilities from the requirement to comply with the existing permit are severable from the remaining SIPapproved provisions of 30 TAC 

### I16.3 

### 11(a)(2) and the remaining provisions relating to Permit Renewals. b. Accordingly, in this action we propose to take no action on the submitted severable revisions to 30 TAC 116.31 I(a)(2) that relate to Qualified Facilities. We will address these revisions in a separate action on the submitted revisions to the Qualified Facilities Program, submitted October 

### 5, 2010. vi. Conclusions and recommendations regarding the existing SIP-approvedprovisions of 30 TAC 116. 311(a)(2).

a. The remaining provisions of30 TAC 116.31 I(a)(2)
are identical to the SIP-approved provisions in that section. b. They are severable from the submitted revisions which excluded changes authorized under the QualifiedFacilities Program.

12Technical Support Document Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

c. The existing provisions continue to meet the applicable requirements of40 CFR part 51 and the CAA; and do not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirementofthe Act. d. Accordingly, we propose to retain the currently approved provisions of 30 TAC 116.311(a)(2) as adopted by the State on April 6, 1994, and approved March 10, 2006. D. Removal of30 TAC 116.31ICa)(3). I. Background. i. 

### Current SIP. EPA approved 30 TAC 116.3II(a)(3) as adopted by TNRCC April 6, 1994, effective May 4, 1994. This was approved on March 10, 2006 (71 FR 12285); effective May 9, 2006. As currently approved, 30 TAC 116.3II(a)(3) reads as follows: (3) The facility has appropriate means to
measure the emission of significant air contaminants as determined to be necessary by the Executive Director.
ii. 

### Submitted Revision. On December 15, 1995, TNRCC submitted a revision to 30 TAC 116.311, adopted November 16, 1995, effective December II, 1995. OnJuly 22, 1998, TNRCC submitted a SIP revision that repealed and resubmitted 30 TAC 116.311, adopted June 17, 1998, effective July 8, 1998. In these SIP revisions, the existing provisions of30 TAC 116.311(a)(3) were removed. 2. Evaluation ofthe removal ofparagraph (a)(3) i. Paragraph (a)(3) required thatuponrenewal the facility will continue to have appropriate means to measure the emission of significant air contaminants as determined necessary by the Executive Director. Texas submitted the removal of paragraph (a)(3) on December 15, 1995, and July 22, 1998. ii. Inits December 15,1995 submittal Texas stated: Existing §116.311(a)(3) also duplicates a requirement applicable to the original permit application. An applicantfor apermitto construct

13Technical Support Document Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification Subchapter D

- Permit Renewals

mustdemonstrate that afacility will have provisions for measuring the emissions ofsignificantair contaminants, includingthe installationofsampling ports and samplingplatforms. When necessary, suchrequirements are written as conditions ofthe permit. The renewalreviewwill determine whether
afacility is incompliance with any sampling requirements in its permit. [AJn owner/operator could notremove samplingports orplatforms in violation ofpermitconditions. Further, 30 TAC §101.9 provides independent authority for the TNRCC to require sampling ports and platforms when necessary. The existing §I 16.31 I(a)(3) was redundant and unnecessary. See the December IS, 1995, SIP submittal at page 5 ofthe Section entitled "EvaluationofTestimony."
iii. EPA believes this provision is redundant because the SIP already contains the substantive requirement in the rules at 30 TAC 101.9 and 30 TAC 116.11 I(a)(2)(B). These two SIP rules require the following: Any person, at the request of the Texas Natural Resource Conservation Commission (TNRCC or Commission), shall provide in connection with each flue a power source near the point of testing in addition to such sampling and testing facilities and sampling ports, including safe and easy access thereto, exclusive of instruments and sensing devices, as may be necessary for the Commission to determine the nature and quality of emissions which are or may be discharged as a result of source operations. Evidence and data based on these samples and calculations may be used to substantiate violations ofthe Act, rules, and regulations. Agents of the Commission shall be permitted to sample the stacks during operating hours. 30 TAC 101.9 (B) Measurement of emiSSIOns. The proposedfacility will have provisions for measuring

14Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

the emission of significant air contaminants as determined by the executive director. This may include the installation ofsampling ports on exhaust stacks and construction of sampling platforms in accordance with guidelines in the "Texas Natural Resource Conservation Commission (TNRCC) Sampling Procedures Manual." 30 TAC 116.111(a)(2)(B). iv. Because the proposed removal ofthis paragraph merely is the removal of a redundant requirement, it is not a relaxation ofthe SIP. Therefore, approval ofthis revision will not interfere with attainment and reasonable further progress or any other applicable federal requirement, as requiredby section 110(1) ofthe CAA.

v. Accordingly, we propose to approve the removal of existing paragraph (a)(3), submitted December 15, 1995, and July 22, 1998. E. Removal of30 TAC 116.311(a)(4).
1. Background.

i. Current SIP. EPA approved 30 TAC 116.311(a)(4) as adopted by TNRCC April 6, 1994, effective May 4, 1994. This was approved on March 

### 10, 2006 (71 FR 12285); effective May 9, 2006. As currently approved, 30 TAC 116.311(a)(4) reads as follows: (4) The facility uses that control technology determined by the Executive Director to be economically reasonable and technically practicable considering the age ofthe facility and the impact of its emissions on the surrounding area. ii. Submitted Revision. On December 15, 1995, TNRCC submitted a revision to 30 TAC 116.311, adopted November 16, 1995, effective December 11,1995. OnJuly 22, 1998, TNRCC submitted a SIP revision that repealed and resubmitted 30 TAC 116.311 adopted June 17, 1998, effective July 8, 1998. In these SIP revisions, the existing provisions of30 TAC 116.311(a)(4) were removed. 2. Evaluation ofthe removal ofparagraph (a)(4)
i. Paragraph (a)(4) provided that upon renewal the facility will continue to use control technology determined by the

15Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubehapterD - PermitRenewals

Executive Director to be economically reasonable and technically practicable considering the age of the facility andthe impactofits emissions onthe surrounding area. ii. This paragraph is similarto the requirement for the original preconstruction permit in the approved SIP at 30 TAC 116.11 I(a)(2)(C) whichrequires: (C) Best available control technology (BACT). The proposed facility will utilize BACT, with consideration given to technicalpracticability and economic reasonableness of reducing or eliminating the emissions from the facility. The emphasized text highlights similarities between the requirements ofthe former 30 TAC 116.311(a)(4) and the current SIP requirement under 30 TAC 116.111(a)(2)(C). iii. EPA believes that this provision is redundant because the SIP already provides for this substantive requirement at 30 TAC 116.311(a)(2)and30TAC 116.1 I I(a)(2)(C).

IV. Section 30 TAC I 16.31 1(a)(2) provides that upon renewal, the facility is being operated in accordance with all requirements and conditions of the existing permit, including representations in the application for permits to construct and subsequent amendments, and any previously granted renewal. Therefore, the SIP-approved requirements 30 TAC 116.311(a)(2) require that upon renewal, afacility will continue to meetthe requirements of 30 TAC I 16.1 11(a)(2)(C). This SIP rule requires that a proposed facility will utilize Best Available Control Technology (BACT), with consideration given to technical practicability and economic reasonableness ofreducing or eliminating the emissions fromthe facility.

v. Because the proposed removal ofparagraph (a)(4) merely is the removal of a redundant requirement, it is not a relaxation ofthe SIP. Therefore, approval ofthe removal
ono TAC 116.311(a)(4) will not interfere with attainment and reasonable further progress or any other applicable federal requirement, as required by section 110(1) of the CAA.
vi. The removal ofparagraph (a)(4) also removes a provision that allows director discretion relating to the control

16Technical Support Document Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAirPollution by Permits forNew Construction or Modification SubchapterD - Permit Renewals technology that could be utilized at a facility following renewal. vii. Further, the TCEQ maintains the authority to impose, as a condition of renewal, additional requirements that it determines to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area, as provided in the submitted revisions related to 30 TAC 116.311(b) (which is evaluated in section III.B.3.i ofthis preamble). viii. Because the proposed removal ofthis paragraph merely is the removal of a redundant requirement, it is not a relaxation ofthe SIP. Therefore, approval ofthis revision will not interfere with attainment and reasonable further progress or any other applicable federal requirement, as required by section 110(1) ofthe CAA.
ix. Accordingly, we propose to approve the removal of existing paragraph (a)(4), submitted December 15, 1995, and July 22, 1998. F. Submitted revisions to 30 TAC 116.31I(b). I. Background. i. Current SIP. 30 TAC 116.311(b) is not currently SIPapproved. ii. SubmittedRevision. Texas initially adopted subsection (b)
on November 16, 1995, effective December II, 1995, submitted onDecember 15, 1995. OnJune 17, 1998, Texas repealed and readopted 30 TAC 116.311, including subsection (b), submitted July 22, 1998. As submitted July 22, 1998, subsection (b) reads as follows: (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: (I) the applicant may be required to submit additional informationregarding the emissions from the facility and their impacts on the surrounding area; and

17Technical SupportDocument Revisions to Texas State Implementation Plan Relating to Permit Renewals Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - Permit Renewals
(2) the commission shall impose as a condition for renewal 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 onthe surrounding area. 2. Evaluationofsubsection (b).
i. Subsection (b) provides the Executive Director of the TCEQ with authority to require additionalinformation and to require additional requirements above and beyond the requirements stipulated in 30 TAC 116.311(a) whenever the Executive Director deems such additional measures are necessary. ii. EPA has already approved 30 TAC 116.311(a) (as adopted by TNRCC April 6, 1994, effective May 4, 1994) as meeting the requirements ofthe Act and 40 CFRpart 51.
iii. Because the requirements in 30 TAC 116.311(b) are "[i]n addition to the requirements in subsection (a) of this section," and because EPA has approved subsection (a), subsection (b) can only be used to impose additional
measures when the Executive Director deems them necessary, 30 TAC 116.311(b) does not authorize the Executive Director to use the permit renewal process to relax terms and conditions of the existing permit. Such relaxations of the existing permit must be authorized throughthe SIP-approved procedures for changing apermit under 30 TAC 116, Subchapter B - New Source Review Permits.3 Because 30 TAC 116.311(b) allows additional
measures whenever the Commission determines it necessary to avoid a condition ofair pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements, and because it does authorize the relaxation ofthe existing permit, this provision serves to improve the SIP.
iv. Further, the addition of subparagraph (b) provides a mechanism to ensure that upon renewal, the permit

3 Also see the SIP approved rule at 30 TAC 116.315(c) which provides that a renewal application may be submitted at the same time as an amendment application to modify an existing facility as long as it is submitted no more than three years before the pennit's expiration date. 30 TAC 116.315(c) provides that when an applicant submits simultaneous applications for renewals and amendment, the amendment is processed independently under the requirements of30 TAC Chapter 116, Subchapter B.

18Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals

continues to meet the approved SIP requirements at 30 TAC 116.III(a)(2)(A)(l) which requires the initial permit must "comply with all rules and regulations of the commission and with the intent of the TCAA, including protection ofthe health and property ofthe public." The addition of subsection (b) provides TCEQ with a mechanism to impose additional requirements at renewal when TCEQ deems it necessary to address changes in air quality or changes to applicable federal and state requirements that may occur after issuance of the initial permit. We therefore find that the submitted revision to add subsection (b) to 30 TAC 116.311 meets section 110(a)(2)(C) ofthe Act and 40 CFR part 51; and does not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirementofthe Act.

v. In conclusion, the submitted revision to add new 30 TAC 116.311(b) improves the current SIP; meets §110(a)(2)(C) ofthe Act and 40 CFR part 51; and does not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement ofthe Act. G. Submittedrevisions relating to 30 TAC 116.314(c) I. Background.
i. CurrentSIP. EPA approved this as 30 TAC 116.314(b) as adopted by TACB August 16, 1993, effective September 13, 1993. This section was approved on March 10, 2006 (71 FR 12285); effective May 9, 2006. As currently approved, 30 TAC 116.315(b) reads as follows: (b) Contested case hearing. In the event that the permit holder fails to satisfy the TACB requirements for corrective action by the deadline specified in the TACB report, the applicant shall be required to show
cause in a contested case proceeding why the permit should not expire. The proceeding will be pursuant to the requirements of the Administrative Procedure and Texas RegisterAct, Article 6252-13a, V.T.C.S. ii. Submitted Revision. On December 15, 1995, TNRCC submitted a revision to 30 TAC 116.314, adopted November 16, 1995, effective December II, 1995. On July

19

### Technical SupportDocument Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - PermitRenewals
22, 1998, TNRCC submitted a SIP revision that repealed and resubmitted 30 TAC 116.311 adopted June 17, 1998, effective July 8,1998. As submitted, 30 TAC 116.3II(b)
was redesignated to 30 TAC 116.314(c) and revised to read
as follows: 

### l£l Contested case hearing. After failure lH-the eveRt that the fleffilit heleer fails to satisfY the commission TACB requirements for corrective action by the deadline specified in the executive director's TACB report, the applicant shall be reEJHiree te show
cause in a contested case proceeding why the permit should not expire. The proceeding will be conducted under the APA and Chapter I. 55, and 80 ofthis title (relating to Purpose of Rules, General Provisions; Request for ContestedCase Hearings; Public Comment; and Contested Case Hearings) flHrsH!IIlt te the reEJHiremeRts ef the Aeministrative PreeeeHfe !IIle Tella5**R~gister** >'ret, A-rtiele 6252 13a, V.T.C.8. 2. Issues Relatedto Submitted Revision.
i. The submitted revision to 30 TAC 116.314(c) includes specific cross-references to 30 TAC Chapters I, 55, and 80 which relate to Purpose of Rules, General Provisions; Request for Contested Case Hearings; Public Comment; and Contested Case Hearings. Chapters I, 55, and 80 are not approved into the SIP.
ii. In contrast, the current SIP refers to the Contested Case Hearing Process without cross references to specific rules relating to Contested Case Hearings.
iii. The revision provides references to the specific rules relating to Contested Case Hearings but do not make substantive changes to the requirements ofthe existing SIP.
iv. In addition, there is no specific provision inthe Actorin40 CFR part 51 which requires a State to implement a Contested Case Hearing Process. Texas's use of the ContestHearing Process serves to improve the SIP.

v. Finally, there is no pending SIP revision before EPA to take action on TCEQ's program for Contested Case Hearings.
vi. The submitted revision to 30 TAC 116.314(c) meets §110(a)(2)(C) ofthe Act and 40 CFRpart 51; and does not

20Technical Support Document Revisions to Texas State Implementation Plan Relating to PermitRenewals Chapter 116

- Control ofAirPollution by Permits forNew Construction or Modification SubchapterD - Permit Renewals

interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement ofthe Act.
vii. Accordingly, we are approving the revisions to 30 TAC 116.314(c) submitted December 15, 1995, and July 22, 1998.

21Technical Support Document Appendix Texas Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals §§116.31O, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; and September4, 2002. Below is EPA's evaluation ofeach of§116.310, 116.311, and 116.314. The evaluation ofeach section consists ofthe following: I. Background. This includes a history ofthe current SIP and each revision that
was submitted to EPA for SIP approval. II. Evaluation matrix. This is a table which includes the text ofthe SIP-approve rule, the text ofeach submitted SIP revision, and an annotation ofthe changes of each SIP revision. The revise text is annotated as follows:

• new text is underlined and

• deleted text is stmek elft. The right hand column includes any discussion and evaluation. Any extended comments are included as "additional comments" whichfollows the matrix. III. Additional Comments. Whenever the evaluation of a specific provision of a submitted rule requires greater detail that what is feasible in this Appendix, the right hand columnincludes areference to SectionIII inthe mainTSD. SectionIII includes a detailed discussion that relates to specific issues that need extensive evaluation whether a submitted rule meets the applicable requirements for SIP approval.Technical Support Document Appendix Texas Chapter 116

- Control ofAirPollution by Permits for New Construction or Modification SubchapterD - Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; and September4, 2002. Evaluation ofRevisions to 30 TAC 116.310

- Notification OfPermitHolder I. Background of 30 TAC 116.310 A. CurrentSIP. This section is currently SIP-approved. The current SIP was approved March 10, 2006 (71 FR 12285); effective May 9, 2006; as adopted by TACB August 16, 1993, effective September 13, 1993. B. PendingSIPRevisionsReviewedin thisAction. 

### L December 15. 1995, SIP Revision. Texas submitted nonsubstantive changes adopted November 16, 1995, effective December 11,1995. 2. July 22, 1998, SIP Revision. Texas submitted non-substantive changes adopted June 17, 1998, effective July 8, 1998. Because Texas repealed and resubmitted each section under Subchapter D in its July 22, 1998, SIP revisions, our analysis includes the December 15, 1995, andJuly 22, 1998, revisions together.

I

### Technical SupportDocument Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - PermitRenewals

§§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; 

### and September4, 2002. II. Evaluation Matrix for 30 TAC 116.310.
30 TAC 116.310- Notification ofPermit Holder Comments CurrentSIP

- Approved3/10/2006 The Texas Air Control Board (TACB) shallprovide written notice to the holderofa permit thatthe permit is scheduled for review. Such notice will be provided by certified or registered U;S. Mailno less than 180 days priorto the expiration ofthe permit. The notice shall specify the procedure for filing an application for review and the information to be included inthe application. The application shall be completed by the holder ofthe permitandretumed to the TACBwithin90 da.ysofreceipt ofthe notice. Pursuantto Chapter 691, House Bill 1393(72"' Legislature, Regular Session), the TACB shallexempt aholder ofa permit from anyincreased fee or otherpenalty for failureto renewthe permit ifthe individual establishes, to the satisfaction ofthe TACB,that.the failure to renew in atimely manner occurred because the individual was on active duty in the U.S. Armed Forces serving outside the State of Texas.

. Revsubmitted12115/1995and 7/22/1998 The executive director Telfas Air CentreIBeard (TAGB) shall provide written notice to the holder ofapennit that the permit is scheduled for review. Such notice must will be provided by certified or registered U.S. Mail no less than 180 days prior to the expiration of the permit. The notice must siIaII specify the procedure for filing an application for review and the infonnation to be included in the application. The applicatien sRall be cempleled byIRe Reider eflRe permil and relumed te tile TACB witRin 90 days e[receipl eflRe nelice. Under Texas Civil Statutes, Article 9027. the commission Pursuanlle CRapler 691, lIeuse Bill 1393 (72"" Legislature, Regular gessien), IRe TAGB shall exempt a holder ofa permit from any increased fee or other penalty for failure to renew the permit ifthe individual establishes, to the satisfaclion ofthe TNRCC TACB, that the failure to renew in atimely manner occurred because the individual was on active duty in the U.S. Armed Forces serving outside the State ofTexas

.



### 2 Revised. All changes are 000- substantive and meet the requirements of 40 CFR part 51 and the CAA.Technical Support Document Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification Subchapter D - Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; and September4,2002. Evaluation ofRevisions to 30 TAC 116.311

- Permit Renewal Application I. Background ono TAC 116.311. A. Current SIP. This section is currently SIP-approved. The current SIP was approved March 11,2010 (75 FR 11464); effective May 10,2010; as adoptedby TNRCC April 6, 1994, effective May 4, 1994. 1
B. Submitted SIP Revisions to 30 TAC 116.311 Reviewed in this Action. 1, December 15, 1995, and July 22, 1998, SIP Revisions. On December 15, 1995, Texas submitted changes (adopted November 16, 1995, effective December 11, 1995). OnJuly 22, 1998, Texas submitted changes (adopted June 17, 1998, effective July 8, 1998) that repealed and readopted 30 TAC 116.311 and made nonsubstantive changes to the revisions submitted December 1995. Accordingly, our analysis includes the, revisions together. In this action, we are addressing the following revisions to 30 TAC 116.311 submitted December 15, 1995, andJuly 22,19982: i. Removal of paragraphs (a)(l), (3), and (4); and redesignation ofexisting paragraphs (a)(2), (5), and (6) to paragraphs (a)(l)-(3); ii. Addition ofnew paragraphs (a)(4)-(5); iii. Addition of new subsection (b) and redesignation and reorganization of existing subsection (b) into new subsections (c) and (d).

I The SIP currently includes the revisions to 30 TAC 116.311 that EPA approved on March 11,2010 (75 FR 11464); effective May 10,2010. The March 2010 action approved the following revisions to 30 TAC 116.311:

• SIP revisions adopted by TNRCC on November 16, 1995, submitted December 15, 1995; and Revisions adopted by TNRCC on June 17, 1998, submitted July 22, 1998. This revision redesignated and reorganized the SIP-approved subsection (c) to new subsections (d) and (e).

• SIP revision adopted by TNRCC on August 21, 2002, submitted to September 4, 2002. This revisions removed subsections (d) and (e) from 30 TAC 116.311 and recodified these provisions into anew 30 TAC 116.315. The March 11,2010, action approved the redesignation and re-organization of30 TAC 116.311(c) to 30 TAC 116.3II(d) and (e) (submitted December 15, 1995; and July 22, 1998) and the subsequent recodification 000 TAC 116(d) and (e) into anew 30 TAC 116.315.

2 Excluding the revisions approved in a separate action on March 11,2010 (75 FR 11464).

3Technical SupportDocument Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification Subchapter D - Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; and September4, 2002. 2. September 4. 2002. SIP Revision. Texas submitted changes adopted August 21, 2002, effective September 12, 2002. This SIP submittal includes the following changes3; i. Addition ofnew paragraph (a)(I); and ii. Redesignation of eXIsting paragraphs (a)(I)-(5) to paragraphs (a)(2)-(6). II. Evaluation Matrix of30 TAC 116.311
30 TAC 116.311- PermitRenewal Ap Iication Comments CurrentSfP

- Approved3/10/2006 No change.

(a) In orderto be granted apermitrenewal, the owner or operator ofthe facility The introductory shall SUbmit, information in supportofthe application which demonstrates that: paragraph (a) continues to meet the requirements of40 CFR part 51 and the CAA Revsubmitted9/4/2002 New paragraph. Cll dockside vessel emissions associated with the facility will comply with all See section lILA in rules and regulations ofthe commission and with the intentofthe TCAA. the TSD for including protection ofthe health and property ofthe public and minimization of further discussion emissions to the extent possible. consistent with good air pollution practices. and evaluation of this new paragraph (a)(I). EPA proposes to approve this provision. CurrentSIP

- Approved3/10/2006 Revsubmitted1l/15/1995and Removed. (1) The emissions from the 7/22/1998 See section Ill.B in facility comply with all applicable (I) The emissiaRs fram the fa.ility the TSD for specifications and requirements inthe .8111ply with all appli.a"le spe.iFi.atiaRs further discussion Texas Air Control Board (TACB) anel reEtl:lirements in tne TeJI:8S Air and evaluation of rules and the Texas Clean Air Act CaRtral Baara (TACB) rHles aRathe the removal ofthe (TCAA). Te"as CleaR Air A.t (TCAA). existnng paragraph (a)(I). EPA proposes to approve the removal ofthis provision.

3 This review excludes the revisions previously approved in a separate action on March 11,2010 (75 FR 11464).

4

### Technical SupportDocument Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD

- Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; 

### and September4, 2002.
30 TAC 116.311-Permit Renewal Ap lication Comments CurrentSIP- Revsubmitted 12/15/1995, Revsubmitted9/4/2002 Revised. Approved3/10/2006 and 7/22/1998 ill

### EB the facility is See section lIl.e in (2) the facility is ill the facility is being being operated in the TSD for being operated in operated in accordance accordance with all further discussion accordanee with al1 with all requirements and requirements and and evaluation of requirements and conditions ofthe existing conditions ofthe existing paragraph (a)(2). conditions ofthe permit, including permit, including EPA will take no existing pennit, representations in the representations in the action on the including application for permitto application for permitto revisions to this representations in the construct and subsequent constructand subsequent provision. application for permit amendments, and any amendments, and any EPA proposed to to construct and previously granted renewal, previously granted retain the subsequent unless otherwise authorized renewal, unless otherwise existing amendments, and any for aqualified facility. authorized for aqualified provisions of previously granted facility. paragraph (0)(2) renewal. in the SIP as approved 3/1012006. CurrentSIP

- Approved3/10/2006 Revsubmi/led 12/15/1995, and Removed. (3) Thefacility has appropriate 7/22/1998 See section m.D in
means to measure the emission of (3) The faeility has apprepriate the TSD for significantair contaminants as meaRS ts meaSlire the emissiSH sf further discussion determinedto be necessary by the sigAiFieaHtair 6sHtamiRaRts as and evaluation of Executive Director. aete_ieea te be eeeessary b)' the the removal of eJte6uti'-'e Direetsr. paragraph (a)(3). EPA proposes to approve the removal ofthese Drovisions. CurrentSIP-Approved3/IO/1006 Revsubmitted12/15/I995, and Removed. (4) The facility uses that control 7/22/1998 See sections IIl.E in technology determined by the (4) The faeility uses the eeetrel the main TSD for Executive Directorto be economically teeheelegy aetermieeab)' the E"eeutive further discussion reasonable and technically practicable Di,eeterte be eeeeemieall)' ",asellable and evaluation of considering the age ofthe facility and alla teeheisally praetieable eellsiaerieg paragraph (a)(4). the impactofits emissions on the the age efthe faeility aea the impaet ef EPA proposes to surroundingarea. its emissisRS 8n the sUffsl:lnsing area. approve the removal ofthese provisions.



### 5Technical Support Document Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification Subchapter D - Permit Renewals §§116.31O, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 1998'; and September4, 2002.

30TAC 116.311

- Permit Renewal A Iication Comments CurrentSIP

- Approved Revsubmilled 7/22/1998 Revsubmitted Revised. Changes 3/10/2006 

### illW The emissisHS 9/412002 are non- (5) The emissions fFem the facility meets meet 

### ill the facility substantive. from the facility meets at-least the requirements of meets the requirements EPA proposes to meet at least the any applicable New Source ofany applicable New approve the requirements ofany Perfonnance Standards Source Perfonnance revisions to these applicable New Source listed under Title 40 Code Standards as listed provisions. Performance Standards ofFederal Regulations under Title 40 Code of promulgated by the U.S. (CFR) Part 60. promulgated Federal Regulations Environmental Protection by the**EPA~** (CFR) Part 60, Agency (EPA) under the eAvireHmeHtal PreteetisH promulgated by the authority ofthe Federal Agene)' (EPA) under the EPA under the Clean Air Act (FCAA), authority ofthe.FCAA authority ofthe §111, as amended. federal CleaRAir Aet FCAA, §lll, as (FeAA), §III, as amended. amended. (6) The emissions 

### illt61 The emissisRS ill \'lj thefacility from the facility meet at fFem the facility meets meet meets the requirements leastthe requirements of aHeast the requirements of ofany applicable any applicable emission any applicable emission emission standard for standardfor hazardous air standard for hazardous air hazardous air pollutants promulgated pollutants as listed under40 pollutants as listed byEPA underthe CFR Part 61 ,Jlromulgated under 40 CFR Part 61, authority ofthe FCAA, by EPA underthe authority promulgated by EPA §112, as amended. ofthe FCAA, §112, as under the authority of amended. the FCAA, §112, as amended. Revsubmitted 12/15/1995 and Rev submitted9/4/2002 New paragraph. 7/22/1998 ill \4j the facility meets the Meets federal (4) the facility meets the requirements ofany applicable requirements." requirements ofany applicable maximum achievable control EPA proposes to maximum achievable control technology standard as listed under40 approve this technology standard as listed under40 CFR Part 63, promulgated by EPA provision. CFR Part 63. promulgated by EPA under underthe authority ofthe FCAA, the authority ofthe FCAA, § 112, oras §112, or as listed under Chapter 113, listed under Chapter 113, Subchapter C Subchapter C ofthis title (relatingto ofthis title (relating to National National Emissions Standards for Emissions Standards for Hazardous Air Hazardous Air Pollutants for Source Pollutants for Source Categories (FCAA Categories (FCAA §112,40 CFR 63». SI12 40 CFR 6311.

.

4 30 TAC 116.311(aXS) ensures that upon renewal the facility continues to meet the requirements ofthe current SIP at 30 TAC 116.III(a)(2)(F)which requires permitted facilities to comply with the requirements of40 CFR part 63.

6Technical Support Document Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; and September4, 2002.

30TAC 116.311

- Permit Renewal Application Comments Revsubmitted 12/15/1995 tlIId 7/22/1998

Cb) In addition to the requirements in subsection (a) ofthis section. ifthe commission determines it necessary to avoid acondition ofair pollution orto
ensure compliance with otherwise applicable federal or state air quality control requirements, then: (I) 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 acondition for renewal those requirements the executive director determines to be economically reasonable and technically practicable considering the age ofthe facility and the impact ofits emissions on the sUIToundino area.

7 New subchapter. See section III.F in the TSD for further discussion and evaluation of subsection (b). EPA proposes to approve snbsection (b).

### Technical Support Document Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 1998[; and September4, 2002.

30 TAC 116.311- Permit Renewal Application Comments CurrentSIP

- Approved3/10/2006 Revsubmit/ed12115/1995a",1 Revised. All changes

(b) The TNRCC shall review the 7/22/1998 are noncompliance history ofthe facility in (0 

### W The TJ>!RCC shall Feview the substantive. consideration ofgranting apermit eomplianee hislory ofthe fueilily in EPA proposes to renewal. The compliance history eaHsiaeratie-R sfgraRtiftg apermit approve the review shall be conducted in reRewal. A +he compliance history submitted accordance withthe undesignatedhead review must sfta.l.l be conducted in revisions to in SubchapterB relating to accordance with § 116.120-116.126 of subsection (c). Compliance History. Inorder for the this title (relating to Compliance permit to be renewed, the application History). Ihe Hnaesignatea heaa in shall include information SHeehapler 8 relating 10 Complianee demonstrating thatthe facility is or has Histery. Therenewal In oraerfer Ihe been in substantialcompliance with permillo ee renewea, Ihe application the provisions ofthe TCAA aridthe mustdemonstrate shall inelHae terms ofthe existing permit. Ifthe informalion aemonslraling that the facility has ahistory which facility is or has been in substantial demonstrates failure to maintain .. compliance with the provisions ofthe substantial compliance withthe TCAA and the terms ofthe existing provisions ofthe TCAA orthe terms permit. Failure to demonstrate U-t!le ofthe existingpermit, the renewal faeilily has a hislory whieh aemonslrales shall notbe granted. Ifit is found that failHre 10 mainlain substantial violations inthe compliance history compliance shall result iny,ilh Ihe constitute arecurring pattern of l"F8VisisRS sftke TCAA Sfthe terms 8f egregious conduct whichdemonstrates the e"isling permil, the renewal shall not
a consistent disregard forthe being l>e granted. Ifit is found that regulatory process, including failure to violations in the compliance history make a timely and substantial attempt constitute arecurring pattern of to correct the violations, the renewal egregious conduct which demonstrates a shall be denied. Ifacontested case consistent disregard for the regulatory hearing has not beencalled, thenthe process, including failure to make a staffmust notify the applicant ofthe timely and substantial attempt to correct intent to recommend denial and state the violations, the renewal shall be the basis .ofthe findings. The denied. Ifa contested case hearing has applicant will be given an opportunity not been called, the executive director to respond to the notice. Ifthe then Ihe slaffmustnotify the applicant findings reflectapattern ofdisregard ofthe intentto recommend denial and for applicable regulations whichdo not state the basis ofthe findings. The warrant denial, additional conditions applicant will be given an opportunity to may be placed in the permit. respond to the notice. Ifthe findings reflect a patternofdisregard for applicable regulations which do not warrant denial, additional conditions
mav be placed in the permit.

8Technical Support Document Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD

- Permit Renewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 1998t ; and September4, 2002. Evaluation of30 TAC 116.314

- Review Schedule I. Background of30 TAC 116.314. A. CurrentSIP. This section is currently SIP-approved. The current SIP was approved March 10, 2006 (71 FR 12285); effective May 9, 2006; as adopted by TACB August 16, 1993, effective September 13, 1993. B. Submitted SIP revisions. Revisions submitted December 15, 1995, and July 22, 1998, includedthe following changes: 

### L Reorganizationof30 TAC 116.314(a) into 30 TAC 116.314(a) and (b) and revisions to these subsections; and 2. Redesignation ofexisting 30 TAC 116.314(b) and (c) to 30 TAC 116.314(c) and (d), respectively, and revisions thereto. II. Evaluation Matrix for 30 TAC 116.314.**~I** 16.314

- Review Schedule Comments CurrentSIP

- Approved3/10/2006 Revsubmitted 12/15/1995 and 7/22/1998 Revised. Non-

(a) Renewal ofpennit. (a) Renewal ofpennit. substantive Subsequent to review, the executive 8U9SeElUeatta r8\'iew, lite executive changes. director shall renew a pennit ifit is director shall renew a permitand notify EPA proposes to detenninedthe facility meets the the permit holder in writing ifit is approve the requirements of§116.311 ofthis detennined the facility meets the submitted title (relating to Pennit Renewal requirements ofthis subchapter. revisions to Applications) and §116.312 ofthis §J16.3I I efthis lille (relaliHg Ie PeRRil suhseetion (a). title (relating to Public Notification ReHe

...al ApplieatieHs) aHa §116.312 ef and Comment Procedures). The litis litle (relatiHg Ie Publie NetifiealieH executive director shall notify the aHa CemmeHt Preeeaures). The permitholder in writing ofthe eJeeeliti\'e aireetefshall Retify lAe permit decision regarding renewal. ". heleer ia writiRg efthe eleeisisR regarding reRev,al. CurrentSIP-Approved3/1012006 Revsubmitted 12/15/1995 alld 7/22/1998 Revised. Non-

... Ifthepermit cannot be Cbl Denial ofrenewal. Prior to denial. substantive renewed, the executive director shall Iflite permil eaH Het be reHewea, the changes. forward, with the notice to the executive director shall provide ferwara, EPA proposes to permitholder ofa reportwhich 'l,illt lite notice to the permit holder with approve the describes the basis the efa report which describes the basis for submitted determination

.... denial. lite aelermiHat;eA. revisions to CurrentSIP

- Approved3/1012006 Revsubmitted 12/15/1995 alld 7/22/1998 subsection (b).

... Ifdenial is based on failure to ill Ifdenial is based on failure to meet meet the requirements of the requirements of§116.311(a) or Cbl of §116.311 (a) ofthis title, the this title (relating to Pennit Renewal executive director's report shall Application), the exeeHtiYe elireeteF'5 establish a schedule for compliance report shall establish a schedule for with the renewal requirements

.... compliance with the renewal requirements.

9

### Technical Support Document Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification SubchapterD - PermitRenewals §§116.310, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; 

### and September4, 2002.
§116.314

- Review Schedule Comments CurrentSIP

- Approved3//0/1006

... The report shall be forwarded to the permitholderno laterthan 180 days after the Texas NaturalResource Conservation Commission (TNRCC) receives a completed application. The permit shall be renewed ifthe requirements are met according to the schedule specified in the report and the ExecutiveDirector shall notify the permitholder in writing ofthe permit renewal. However, ifdenial is based
on failure to maintain substantial compliance with the provisions ofthe Texas CleanAirAct or theterms of the existing permitpursuantto §116.311(c) ofthis title, the renewal denial shall be final, andthe Executive Director shallnotify the permitholder inwriting ofthe denial.

... CurrentSIP

- Approved3/10/1006

... The permit shallberenewed if the requirements aremetaccording to the schedule specified in the report and the executive director shall notify thepermitholder in writing ofthe permitrenewal.

... CurrentSIP-Approved3/1011006

... However, ifdenial is based on failure to maintain substantial compliance with the provisions ofthe Texas CleanAir Act or the terms of the existing permitpursuant to §116.311(b) ofthis title, the renewal denial shallbe fmal, and the executive director shallnotify the permitholder in writing ofthe denial. Revsubmitted 7/]]//998 tAl The report shall be forwarded to the permitholder no later than 180 days after the commission TeJeBS**~Iatliral** ReSB\:lFee CSRseF"atisR CemmissisA (nrRCCl-receives a completed application. The permit shall be renewed ifthe requirements are met according to the schedule specified in the report and the Executive Director shall notify the permitholder in writing ofthe permitrenewal. However, if denial is based on failure to maintain substantial compliance with the provisions ofthe Texas Clean Air Act
orthe terms ofthe existing permit pursuant to §116.3 11(cj ofthis title, the renewal denial shall be final, and the Executive Director shall notify the permitholder in writing ofthe denial. Rev submilled/1//5//995 lllld 7/]]/1998

ill} The permit shall be renewed if the requirements are met according to the schedule specified in the report. The aH<!-lIle executive director shall notify the permit holder in writing ofthe denial. l'eF1llil FeRewal. Revsubmilled/1//5//995 alit/ 7111//998



### ill jfHowc>'eF, ifdenial is based on failure to maintain substantial compliance with the provisions ofthe TCAA Te"•• CleaR AiF Ael or the tenns ofthe existing permitpursuant to §116.31 Hc) §116.311 (a) ofthis title, the renewal denial shall be final, and the executive director shall notify the permitholder in writing ofthe denial.

10 Revised. Nonsubstantive changes. EPA proposes to approve the submitted revisions to subsection (bj.

### Technical SupportDocument Appendix Texas Chapter 116

- Control ofAir Pollution by Permits for New Construction or Modification Subchapter D - Permit Renewals §§116.31O, 116.311, and 116.314 Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22, 19981; 

### and September4, 2002.
§116.314

- Review Schedule Comments CurrentSIP

- Approved Revsubmitted 12/15/1995 olll/7/22/1998 Revised. 3/10/2006 W 

### €l>l Contested case hearing. After See section IILG in the

(b) Contested case hearing. failure In t"e e"entt"at t"e permit "elder fails TSD for further In the eventthat the permit to satisfy the commission =FAGB requirements discussion and holderfails to satisfy the TACB for corrective action by the deadline specified evaluation of requirements for corrective in the executive director'soMGB report, the subsection (c). action by the deadline specified applicant shall ee reEj\;lired ta show cause in a EPA proposes to in the TACB report, the contested case proceeding why the permit approve the applicant shan berequiredto should not expire. The proceeding will be revisions to show cause in acontested case conducted under the APA and Chapter I. 55. subsection (c). proceeding why the permit and 80 ofthis title (relating to Purnose of shouldnotexpire. The Rules General Provisions: Request for proceedingwill be pursuantto Contested Case Hearings' Public Comment: therequirements ofthe and Contested Case Hearings) pursuantte t"e Administrative Procedure and reEIt:iiremeHts sfthe_AdmiRistrati'le PreeeEhue Texas Register Act, Article ""dTe"as Register Ael, Artiele 62'2 13a. 6252-13a, V.T.C.S. V.T.e.S. CurrentSIP

- Approved3//0/2006 Revsubmilled 12/15/1995 a"d Revised. Non-

(c) Effective date ofexisting 7/22/1998 substantive permit. An existingpermitsball @ Effective date ofexisting changes. remain effective
... permit. An existing permit shall remain EPA proposes to effective approve the

... until itis renewed. or ... ill until it is renewed;,..,. revisions to

... until the deadline specified in ill untiIthe deadline specified in subsection (d). the executive director's report to the the executive director's report to the permitholder, or

... permit hoIder,..,. Revsubmitted 12/15/1995and 7/22/1998

(3) during the course ofa contested case hearing ifthe hearing extends beyond the exniration date' or CurrentSIP

- Approved3//0/2006 Revsubmitted 12/15/1995 and

... until adatespecified in any order 7/22/1998 entered following acontested case (1} until adate specified in any hearing heldpUl'Suantto subsection (b) commission order entered following ofthis section. Anexistingpermit shall acontested case hearing fteItI remain in effectduring the course ofa pursuantta subseetien (il) eft"is contestedcase hearing ifthe hearing se£ti.efl. AA e)dstiRg f3erFHit shall proceeds beyondthe permitexpiration as remaiR if! effeet elHfiRg tile eBHfse sf identified in §116.3I1(c) ofthis title. aeSAtestea ease heariRg ifthe hearing preeeeds beyand t"e permit**e'~J3iratiBR** as ideAtifies iR 

### " " '" 

### -,

11