TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

December 3, 2014 

Amendments to the Texas New Source Review (NSR) State Implementation Plan (SIP) 

submitted by the Texas Commission on Environmental Quality (TCEQ) on July 31, 2014. 

No material in this submittal package was designated as Confidential Business Information. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Kordzi United States Environmental Protection Agency Region 6, Air Permits 

Section (6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-7520 
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

2 

Table of Contents 

I. Executive Summary 

II. Background 

A. The EPA’s July 15, 2010, Disapproval of the Flexible Permit Program Rules 

B. US Court of Appeals for the Fifth Circuit Court’s August 13, 2012, Decision 

C. TCEQ’s October 21, 2013, Flexible Permit Program SIP Submittal 

D. The EPA’s July 14, 2014, Final Conditional Approval of the October 21, 2013, 

Flexible Permit Program SIP Submittal 

III. Summary of the State Submittal 

IV. Technical Review of State Submittal 

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

V. Does the State Submittal Meet the Applicable Federal Requirements? 

VI. The EPA’s Evaluation of the Resubmitted Flexible Permit Program – General 

Description of the Annotation and Evaluation of the Regulations 
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Docket No. EPA-R06-OAR-2013-0542 

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I. Executive Summary 

This technical support document (TSD) reviews a proposed revision to the Texas State 

Implementation Plan (SIP) relating to Flexible Permits. Specifically, this is an evaluation of 

SIP amendments to Chapter 116 of Title 30 of the Texas Administrative Code (30 TAC) that 

relates to Flexible Permits. 

Throughout this document, the following terms and abbreviations have the 

following meanings except where otherwise stated: 

• “EPA,” “we,” “us,” and “our” means the Environmental Protection 

Agency; 

• “Act” and “CAA” mean the Federal Clean Air Act; 

 “FPP” means Flexible Permit Program. 

• “NSR” means New Source Review; 

• “PSD” means Prevention of Significant Deterioration ; 

• “NNSR” means Nonattainment Area New Source Review; 

• “TCEQ”, Texas Natural Resource Conservation Commission, “TNRCC”, and 

“Texas” means the Texas Commission on Environmental Quality; and 

• “NAAQS” means National Ambient Air Quality Standards. 

II. Background 

A. The EPA’s July 15, 2010, Disapproval of the Flexible Permit Program Rules 

 

 The EPA took final action to disapprove the FPP amendments to the SIP on 

July 15, 2010, based on two main issues. It did not meet the Minor NSR SIP 

requirements and it did not meet the NSR SIP requirements for a substitute Major 

NSR SIP amendment. 

 

B. US Court of Appeals for the Fifth Circuit Court’s August 13, 2012, Decision 

 The US Court of Appeals for the Fifth Circuit Court granted the petition for 
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Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

4 

review of the EPA’s disapproval action, vacated the EPA’s Disapproval of Texas’s 

Flexible Permit SIP plan, and remanded the decision back to the EPA on August 13, 

2012. 

C. TCEQ’s October 21, 2013, Flexible Permit Program SIP Submittal 

 On September 24, 2013, the Commissioners of the TCEQ considered the 

Submittal, Resubmittal, and Withdrawal of Sections to the SIP regarding the FPP. The 

package was approved to be submitted to the EPA on October 21, 2013. 

D. The EPA’s July 14, 2014, Final Conditional Approval of the October 21, 2013, 

Flexible Permit Program SIP Submittal

 The EPA finalized conditional approval of the SIP on July 14, 2014 (97 FR 

40666). The approved rules gave Texas the ability to issue flexible permits that meet 

federal standards. The conditional approval was the result of the EPA and Texas 

collaborating to identify what additional regulatory elements were needed for an 

updated rule to meet minimum CAA requirements and was based on 2 letters that 

TCEQ wrote to the EPA on December 9, 2013. The Interpretive letter discussed 

implementation of the rules on 5 main issues identified by Region 6 and HQ’s. The 

Commitment letter was the basis for the EPA’s Conditional Approval package. The 

letter committed the TCEQ to amending rules with proper structure to ensure all 

regulatory citations are labeled and referenced correctly and placed in proper sequence 

by November 24, 2014. The proposed rule was published in the Federal Register on 

February 12, 2014. 

On July 10, 2014, the Commissioners of the TCEQ adopted amended FPP 

rules. The package was approved to be submitted to the EPA. The TCEQ’s July 31, 

2014, submittal to the EPA are those rules TCEQ is proposing to meet the 

commitment made in their December 9, 2013, letter. On September 12, 2014, EPI, et 

al, filed a Petition for Review challenging the EPA conditional approval of the FPP 

with the Fifth Circuit Court of Appeals. The Appeal is on-going as of the date of 

publication of this notice. 

III. Summary of the State Submittal 

 The SIP amendments submitted on July 31, 2014, relate to the FPP and were 

evaluated to determine whether they comply with the applicable requirements of CAA §110 

and with 40 CFR part 51 – Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans. In the Appendix, we include annotations of the regulations submitted 

for review and a line-by-line evaluation of each provision of the regulations relating to 
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Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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Flexible Permits. 

Table 1 below contains a summary of each regulation that is affected. 

Table 1 

Section Title Comments 

Section 

116.13 Flexible Permit Definitions 

Resubmitted 30 TAC §§ 116.13 definitions for (1) emission 

cap-emission limit, (2) expected maximum capacity, and (3) 

individual emission limitation. 

Section 

116.710 Applicability Revised 30 TAC § 116.710 subsections (a) - (d). 

Section 

116.711 Flexible Permit Application Revised 30 TAC §§ 116.711(1), (2)(A), (B), and (C)(i) and (ii), (D) – (J), and (L) – (N). 

Section 

116.715 

General and Special 

Conditions Revised 30 TAC § 116.715(a) – (e) and (f)(1) and (2)(B). 

Section 

116.716 

Emission Caps and 

Individual Emission 

Limitations 

Revised 30 TAC §§ 116.716 (a) - (f). 

Section 

116.717 

Implementation Schedule 

for Additional Controls Revised submittal 30 TAC §§ 116.717. 

Section 

116.718 

Significant Emission 

Increase Revised submittal 30 TAC §§ 116.718. 

Section 

116.720 

Limitation of Physical and 

Operational Changes. 

A SIP amendment was submitted 7/31/2014, as adopted by 

TCEQ on 12/14/2010, published in the Texas Register on 

12/31/2010, and effective on 1/6/2011. 

Section 

116.721 

Amendments and 

Alterations Revised 30 TAC §§ 116.721 (a) – (d). 

Section 

116.740(a) Public Notice and Comment 

A SIP amendment was submitted 7/31/2014, as adopted by 

TCEQ on 12/14/2010, published in the Texas Register on 

12/31/2010, and effective on 1/6/2011. 

Section 

116.750 Flexible Permit Fee 

A SIP amendment was submitted 7/31/2014, as adopted by 

TCEQ on 12/14/2010, published in the Texas Register on 

12/31/2010, and effective on 1/6/2011. 

Section 

116.765 Compliance Schedule Submittal 30 TAC § 116.765. 

IV. Technical Review of State Submittal 

 The SIP submittal providing the Texas Flexible Permit provisions for air quality 

permits are 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, 
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Docket No. EPA-R06-OAR-2013-0542 

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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 NAAQS 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 Subpart 51.160 – Legally enforceable procedures. The regulatory text of 40 

CFR Subpart 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

=40:2.0.1.1.2.6.8.1&idno=40

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

CFR Subpart 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

=40:2.0.1.1.2.6.8.2&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. 

6. 40 CFR 51.230(d). Requirements for all plans. The regulatory text of 40 CFR 

51.230(d) is available on line at Electronic Code of Federal Regulations:

http://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=dadd1aa10a18d5135f902665a5a22d80&n=40y2.0.1.1.

2&r=PART&ty=HTML#40:2.0.1.1.2.9.8.1. 

 Specifically, the July 31, 2014, submittal is first reviewed for completeness as a SIP 

submittal under Part 51, Appendix V, and is then compared with the general requirements for 

SIP preparation, adoption and submittal at 40 CFR Part 51. This will be followed by a detailed 

analysis of the minor NSR provisions to ensure all federal requirements at 40 CFR Part 51 for 

air permitting are satisfied. Then we review the Texas flexible permit requirements with 

respect to the current SIP-approved minor NSR provisions. Finally, the July 31, 2014, 

submittal is reviewed with respect to section 110(l) of the CAA to determine whether the 

proposed revisions interfere with any applicable CAA provisions. These analyses produce a 

written technical evaluation which supports our determination in the FR to conditionally 

approve July 31, 2014, Texas Flexible Permit SIP submittal. 
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Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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IV.A. Part 51, Appendix V Evaluation of the 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 the 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 the 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 and 2.2 of 

Appendix V that will be used for reviewing the July 31, 2014 SIP Submittal which includes 

eleven earlier Submittals as discussed in Section III. 

Administrative Materials (2.1) 

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

designee requesting the EPA's approval of the revision. 

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

the TCEQ, dated July 31, 2014. The SIP submittal was received by the EPA Region 6 

Air Planning Section on August 4, 2014. 

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. 
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Docket No. EPA-R06-OAR-2013-0542 

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On July 2, 2014, the TCEQ adopted revisions to the SIP. The TCEQ issued an Order 

adopting the amended rules and revisions on July 10, 2014. 

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 July 31, 2014, cover letter accompanying the submittal requests the EPA take 

action on revisions to the SIP: 1) §§116.13; 116.710; 116.711(1), (2)(A), (B) and 

(C)(i) and (ii), (D) – (J), and (L) – (N); 116.715 (a)-(e)) and (f)(1) and (2)(B); 

116.716; 116.717; 116.718; 116.721; and 116.765. 

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 July 10, 2014, order stating that the SIP 

submittal was developed pursuant to 40 CFR Subpart 51.102. 

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

with the procedures approved by the 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: February 14, 2014 

 Fort Worth Star-Telegram: February 14, 2014 

 Houston Chronicle: February 14, 2014 

TCEQ conducted a public hearing in Austin, Texas, on March 18, 2014. 
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Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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TCEQ also provided publication in the Texas Register of the proposed rulemaking (35 

TexReg 306) and public hearing notice (35 TexReg 398) on February 28, 2014. 

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 dated July 10, 2014, 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 Subpart 51.102. 

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

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

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

comment period, including the EPA Region 6. TCEQ received no oral testimony from 

the public during the February 28, 2014, public hearing. 

Technical Support (2.2) 

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

request package. The revisions to the rule submitted to the EPA do not affect all the 

determinations in the conditional approval. The revisions do not affect or change those 

findings. 

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

The proposed revisions to the approved SIP do not affect its compliance with this 

requirement. 

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 revisions to the approved SIP do not affect its compliance with this requirement. 

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 
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30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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certain baseline levels and allowable emissions anticipated if the revisions were 

approved.) 

The revisions to the approved SIP do not affect its compliance with this requirement. 

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

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

implemented. 

The SIP revision meets the Section 110(l) requirements. It does not change the 

substantive requirements of the applicable provisions of the SIP-approved regulations. 

4. 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 CAA? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

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

The proposed revisions do not affect the modeling provisions of the approved SIP. 

6. 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.). 

The revisions to the approved SIP do not affect its compliance with this requirement. 

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

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

levels. 

These proposed revisions to the approved SIP do not affect its compliance with this 

requirement. 

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

practice (including at what frequency). 

The proposed revisions to the approved SIP do not affect its compliance with this 

requirement. 
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Docket No. EPA-R06-OAR-2013-0542 

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

applicable the 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. 

V. Does the State Submittal Meet the Applicable Federal Requirements?

 We are proposing to approve the revisions to Texas Flexible Permits State 

Program, as submitted by Texas in 30 TAC Chapter 116 – Control of Air Pollution by 

Permits for New Construction or Modification, because it meets certain provisions of 

the Act and the EPA’s NSR regulations. The submittal includes the following 

regulations under Chapter 116: 30 TAC Subchapter G – Flexible Permits, the 

definitions in 30 TAC 116.13, Flexible Permits. This program meets the Minor NSR 

SIP requirements. 

VI. The EPA’s Evaluation of the Resubmitted Flexible Permit Program - General 

Description of the Annotation and Evaluation of the Regulations. 

 This Section includes additional information of each rule, including a crosswalk for each rule, with an underlined and strikethrough annotation documenting how 

the rule has changed with each submitted amendment. The evaluation of each 

regulation is organized as follows: 

1. Background. This section includes a chronology of the current SIP and each 

amendment that was submitted to the EPA for SIP approval, as well as defines 

the proposed action. 

2. Evaluation Matrix. This section includes a table which sets forth the text of 

each submitted SIP amendment, and an annotation of the changes of each SIP 

amendment. The revised text is annotated as follows: 

 New text is underlined and 

 Deleted text is struck out. 

 Ellipsis (...) indicates an omission of text in the rule that was not 

submitted to the EPA for consideration in the SIP package. 

The right hand column includes any discussion and evaluation. Any extended 
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Amendments to the New Source Review State Implementation Plan; Flexible Permits 

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30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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comments are included in either: 

 Section III, following the evaluation matrix, as “additional comments” 

which follows the matrix; or 

 As discussed in the body or the TSD as identified in the right-hand 

column of the Table. 

3. Additional Comments. When necessary, this section includes additional 

comments related to the EPA’s evaluation of the provision, including any 

extended comments related to information in the right hand column of the 

evaluation matrix. 

 
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30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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1. Background on 30 TAC § 116.13. Flexible Permit Definitions.

Current SIP-Approved 30 TAC § 116.13: 

• This section is SIP-approved. 

Revisions considered in this action: 

• A SIP amendment was submitted July 31, 2014; as adopted by TCEQ on 

July 2, 2014. 

Proposed Action: 

• Approval of the revision to 30 TAC § 116.13 

2. Evaluation Matrix. 

30 TAC § 116.13 – Flexible Permit Definitions Comments 

Current SIP 

§116.13. Flexible Permit Definitions. 

The following words and terms, when used in 

this chapter, shall have the following 

meanings, unless the context clearly indicates 

otherwise 

(2) Expected maximum capacity – The 

maximum capacity of a facility according to 

its physical and operational design and 

planned operation. 

(3) Emission cap – Emission limit for a 

specific air contaminant based upon total 

emissions of that pollutant from all facilities 

that are included in a flexible permit. 

 (5) Individual emission limitation – 

Emission limit for a specific air contaminant 

not covered by an emission cap for an 

individual facility. 

Submitted 7/31/2014 

Flexible Permit Definitions. 

The following words and terms, when used in 

this chapter, shall have the following meanings 

unless the context clearly indicates otherwise. 

(1) (3) Emission cap—Emission limit for a 

specific air contaminant based on total 

emissions of that pollutant from all facilities 

that are included in a flexible permit. 

(2) Expected maximum capacity—The 

maximum capacity of a facility according to its 

physical and operational design and planned 

operation. 

(3) (5) Individual emission limitation—

Emission limit for a specific air contaminant 

for an individual facility. 

Approval

No substantive 

changes to current 

SIP. The flexible 

permit rule 

definitions are 

integral to the 

implementation of 

the minor NSR FPP 

and do not 

circumvent the 

requirements of § 

110 of the CAA 

which requires 

regulation of any 

stationary source 

necessary to assure 

NAAQS are 

achieved. 

. 
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30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

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1. Background on 30 TAC § 116.710. Applicability

Current SIP-Approved 30 TAC § 116.710: 

• This section is SIP-approved. 

Revisions considered in this action: 

• A SIP amendment was submitted July 31, 2014; as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revision to 30 TAC § 116.710. 

2. Evaluation Matrix 

Annotation and Evaluation of 30 TAC § 116.710 – Applicability. Comments

Current SIP 

(a) Flexible Permit. A person may obtain a 

flexible permit which allows for physical or 

operational changes as provided by this 

subchapter as an alternative to obtaining a new 

source review permit under §116.110 of this 

title (relating to Applicability), or in lieu of 

amending an existing permit under §116.116 of 

this title (relating to Amendments and 

Alterations). A person may obtain a flexible 

permit under pursuant to §116.711 of this title 

(relating to Flexible Permit Application) for a 

facility, group of facilities, or account before 

any actual work is begun, provided however:(1) 

only one flexible permit may be issued for an 

account site; 

(2) modifications to existing facilities 

covered by the flexible permit may be 

handled through the amendments of an 

existing flexible permit; 

 (3) permitting of a new facility may be 

handled through the amendment of a 

flexible permit; and 

 (4) a flexible permit may not cover sources at 

more than one account site. 

Amendment submitted 7/31/2014

(a) Flexible Permit. A person may obtain a 

flexible permit which allows for physical or 

operational changes as provided by this 

subchapter as an alternative to obtaining a new 

source review permit under §116.110 of this 

title (relating to Applicability), or in lieu of 

amending an existing permit under §116.116 of 

this title (relating to Changes to Facilities 

Amendments and Alterations). A person may 

obtain a flexible permit under §116.711 of this 

title (relating to Flexible Permit Application) 

for a facility, group of facilities, or account 

before any actual work is begun, provided 

however:

(1) only one flexible permit may be issued for 

an account site; 

(2) modifications to existing facilities covered 

by the flexible permit may be handled through 

the amendments of an existing flexible permit; 

(3) permitting of a new facility may be handled 

through the amendment of a flexible permit; 

and 

(4) a flexible permit may not cover sources at 

more than one account site. 

Approval.

No substantive 

changes to current 

SIP. Meets 40 CFR 

Subpart 51.160(b) 

for establishing 

applicability criteria 

for a minor NSR 

review permit 

program.

Current SIP 

(b) Change in ownership. The new owner of a 

facility, group of facilities, or account shall 

comply with §116.110(d) § 116.110(c) of this 

Submitted 7/31/2014

(b) Change in ownership. The new owner of a 

facility, group of facilities, or account shall 

comply with §116.110(ed) of this title, provided 

Approval

No substantive 

changes to current 

SIP. Meets 40 CFR 
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Docket No. EPA-R06-OAR-2013-0542 

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Annotation and Evaluation of 30 TAC § 116.710 – Applicability. Comments

title, provided however, that all facilities 

covered by a flexible permit must change 

ownership at the same time and to the same 

persons, or both the new owner and existing 

permit holder must obtain a permit alteration 

allocating the emission caps or individual 

emission limitation prior to transfer of the 

permit by the commission. After the sale of the 

facility, or facilities, but prior to the transfer of a 

permit requiring a permit alteration, the original 

permit holder remains responsible for ensuring 

compliance with the existing flexible permit and 

all rules and regulations of the commission. 

however, that all facilities covered by a flexible 

permit must change ownership at the same time 

and to the same persons, or both the new owner 

and existing permit holder must obtain a permit 

alteration allocating the emission caps or 

individual emission limitation prior to transfer 

of the permit by the commission. After the sale 

of the facility, or facilities, but prior to the 

transfer of a permit requiring a permit 

alteration, the original permit holder remains 

responsible for ensuring compliance with the 

existing flexible permit and all rules and 

regulations of the commission.

Subpart 51.160(b) 

for establishing 

applicability 

criteria for a minor 

NSR review permit 

program. 

Current SIP 

(c) Submittal under seal of Texas licensed 

registered professional engineer. All 

applications for a flexible permit or flexible 

permit amendment shall comply with 

§116.110(e) §116.110(d) of this title. 

Submitted 7/31/2014

(c) Submittal under seal of Texas licensed 

professional engineer. All applications for a 

flexible permit or flexible permit amendment 

shall comply with §116.110(fd) of this title.

Approval.

No substantive 

changes to current 

SIP. Meets 40 CFR 

Subpart 51.160 for 

establishing 

applicability 

criteria for a minor 

NSR review permit 

program.

Current SIP 

(d) Responsibility for flexible permit 

application. The owner of the facility, group of 

facilities, or account who is authorized to act for 

the owner is responsible complying with this 

section, except as provided in subsection (b) of 

this section. 

Submitted 7/31/2014

(d) Responsibility for flexible permit 

application. The owner of the facility, group of 

facilities, or account who is authorized to act for 

the owner is responsible complying with this 

section, except as provided in subsection (b) of 

this section.

Approval.

No change to SIP 

approved language. 

Recodification of 

original submittal. 

Meets 40 CFR 

Subpart 51.160(a) 

for establishing 

applicability criteria 

for a minor NSR 

review permit 

program.
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

16 

1. Background on 30 TAC § 116.711. Flexible Permit Application.

Current SIP-Approved 30 TAC § 116.711: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revision to 30 TAC § 116.711. 

2. Evaluation Matrix 

Annotation and Evaluation of 30 TAC § 116.711 – Flexible Permit Application. Comments

Current SIP 

Any application for a new flexible permit or 

flexible permit amendment must include a 

completed Form PI-1 General Application. 

The Form PI-1 must be signed by an 

authorized representative of the applicant. 

The Form PI-1 specifies additional support 

information which must be provided before 

the application is deemed complete. In order 

to be granted a flexible permit or flexible 

permit amendment, the owner or operator of 

the proposed facility shall submit to the 

commission Texas Natural Resource 

Conservation Commission which 

demonstrates that the following are met. 

(1) Protection of public health and welfare. 

The emissions from the proposed facility, 

group of facilities, or account as determined 

under pursuant to §116.716 of this title 

(relating to Emission Caps and Individual 

Emission Limitations) will comply with all 

rules and regulations of the commission 

TNRCC and with the intent of the TCAA 

Texas Clean Air Act (TCAA), including 

protection of health and physical property 

of the people. In considering the issuance 

of a flexible permit for the construction or 

modification of any facility, group of 

facilities, or account within 3,000 feet or 

less of an elementary, junior high/middle, 

or senior high school the commission 

TNRCC shall consider any possible adverse 

short-term or long-term side effects that an 

air contaminant or nuisance odor from the 

Submitted 7/31/ 2014

Any application for a new flexible permit or 

flexible permit amendment must include a 

completed Form PI-1 General Application. 

The Form PI-1 must be signed by an 

authorized representative of the applicant. 

The Form PI-1 specifies additional support 

information which must be provided before 

the application is deemed complete. In order 

to be granted a flexible permit or flexible 

permit amendment, the owner or operator of 

the proposed facility shall submit to the 

commission which demonstrates that the 

following are met. 

In order to be granted a flexible permit or 

flexible permit amendment, the owner or 

operator of the proposed facility shall submit 

a permit application which must include: 

(1) a completed Form PI-1 General 

Application signed by an authorized 

representative of the applicant. All 

additional support information specified on 

the form must be provided before the 

application is complete; 

(2) information which demonstrates that 

emissions from the facility, including any 

associated dockside vessel emissions, meet 

all of the following: 

(A1) Protection of public health and welfare. 

(i) The emissions from the proposed facility, 

group of facilities, or account as determined 

under §116.716 of this title (relating to 

Emission Caps and Individual Emission 

Approval.

Meets 40 CFR Subpart 

51.160(c) for 

establishing permit 

application 

requirements, including 

submission of emission 

information for a minor 

NSR review permit 

program. 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

17 

Annotation and Evaluation of 30 TAC § 116.711 – Flexible Permit Application. Comments

facility, group of facilities, or account may 

have on the individuals attending these 

school facilities. 

Limitations) will comply with all rules and 

regulations of the commission and with the 

intent of the Texas Clean Air Act, including 

protection of health and physical property of 

the people. 

(ii) In considering the issuance of a flexible 

permit for the construction or modification 

of any facility, group of facilities, or account 

within 3,000 feet or less of an elementary, 

junior high/middle, or senior high school the 

commission shall consider any possible 

adverse short-term or long-term side effects 

that an air contaminant or nuisance odor 

from the facility, group of facilities, or 

account may have on the individuals 

attending these school facilities.

Current SIP 

Measurement of emissions. The proposed 

facility, group of facilities, or account will 

have provisions for measuring the emissions 

as determined by the executive director. This 

may include installation of sampling ports on 

exhaust stacks and construction of sampling 

platforms in accordance with guidelines in 

the “Texas Natural Resource Conservation 

Commission Sampling Procedures Manual.” 

“Compliance Sampling.” 

Submitted 7/31/2014 

(B) Measurement of emissions. The 

proposed facility, group of facilities, or 

account will have provisions for measuring 

the emissions as determined by the 

executive director. This may include 

installation of sampling ports on exhaust 

stacks and construction of sampling 

platforms in accordance with guidelines in 

the “Texas Natural Resource Conservation 

Commission Sampling Procedures Manual.” 

“Texas Commission on Environmental 

Quality Sampling Procedures Manual.

Approval.

No substantive changes to 

the current SIP. Meets 40 

CFR Subpart 51.160(c) 

for establishing permit 

application requirements, 

including submission of 

emission information for a 

minor NSR review permit 

program. 

Current SIP 

(3) Best available control technology 

(BACT). The proposed facility, group of 

facilities, or account will utilize BACT, with 

consideration given to the technical 

practicability and economic reasonableness 

of reducing or eliminating the emissions 

from the propose facility, group of facilities, 

or account basis. Control technology beyond 

BACT may be used on certain facilities to 

provide the emission reductions necessary to 

comply with this requirement on a facility, 

group of facilities, or account basis provided 

however, that the existing level of control 

may not be lessened for any facility. For new 

facilities and proposed affected sources 

(as defined in §116.15(1) of this title 

(relating to Section 112(g) Definitions)) 

subject to Subchapter C of this chapter 

(relating to Hazardous Air Pollutants: 

Regulations Governing Constructed or 

Reconstructed Major Sources (FCAA), 

§112(g), 40 CFR Part 63)), the use of BACT 

shall be demonstrated for the individual 

facility. or affected source. 

Submitted 7/31/2014

(C3) Best available control technology 

(BACT). The proposed facility, group of 

facilities, or account will 

(i) All facilities authorized by the flexible 

permit shall utilize BACT consistent with 

the following: 

(I) All new facilities must utilize BACT. 

(II) Existing facilities must utilize BACT 

with consideration given to the technical 

practicability and economic 

reasonableness of reducing or eliminating 

the emissions. Control technology beyond 

BACT that is more stringent than BACT 

may be used on certain facilities to 

provide the emission reductions necessary 

to comply with this requirement on a 

facility, group of existing facilities, or 

account basis provided however, that the 

existing level of control may not be 

lessened for any facility from its current 

authorization. For new facilities the use of 

BACT shall be demonstrated for the 

individual facility. 

(ii) For pollutants from new or modified 

facilities that constitute a new major 

stationary source or major modification as 

defined by §116.12 of this title (relating to 

Nonattainment and Prevention of 

Approval.

Meets 40 CFR Subpart 

51.160(c) for establishing 

permit application 

requirements to submit 

emission information for 

a minor NSR review 

permit program. 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

18 

Annotation and Evaluation of 30 TAC § 116.711 – Flexible Permit Application. Comments

Significant Deterioration Review 

Definitions), control technology shall be 

demonstrated as required by §§116.150, 

116.151, or 116.160 of this title (relating 

to New Major Source or Major 

Modification in Ozone Nonattainment 

Areas; New Major Source or Major 

Modification in Nonattainment Area Other 

Than Ozone; and Prevention of Significant 

Deterioration Requirements, respectively), 

as applicable, for each new or modified 

facility.

Current SIP 

(4) Federal New Source Performance 

Standards (NSPS). The emissions from each 

affected facility as defined in 40 Code of 

Federal Regulations (CFR), Part 60 will 

meet at least the requirements of any 

applicable NSPS as listed under Title 40 

CFR Part 60, promulgated by the EPA under 

authority granted under the FCAA, §111, as 

amended. 

Submitted 7/31/2014

(D4) New Source Performance Standards 

(NSPS). The emissions from each affected 

facility as defined in 40 Code of Federal 

Regulations (CFR), Part 60 will meet at least 

the requirements of any applicable NSPS as 

listed under Title 40 CFR Part 60, 

promulgated by the United States 

Environmental Protection Agency under 

authority granted under the Federal Clean 

Air Act, §111, as amended.

Approval.

No substantive changes to 

current SIP. Meets the 

requirements of FCAA § 

111, as amended.

Current SIP 

(5) National Emission Standards for 

hazardous Air Pollutants (NESHAPS). The 

emissions from each facility as defined in 40 

CFR Part 61 will meet at least the 

requirements of any applicable NESHAPS, 

as listed under 40 CFR Part 61 promulgated 

by EPA under authority granted under the 

FCAA, §112, as amended. 

Submitted 7/31/2014

(E5) National Emission Standards for 

hazardous Air Pollutants (NESHAPS). The 

emissions from each facility subject to as 

defined in 40 CFR Part 61 will meet at least 

the requirements of any applicable 

NESHAPS, as listed under 40 CFR Part 

61promulgated by EPA under authority 

granted under the FCAA, §112, as amended.

Approval.

No substantive changes to 

current SIP. Meets the 

requirements of FCAA § 

112, as amended.

Current SIP 

(6) NESHAPS for source categories. The 

emissions from each affected facility shall 

meet at least the requirements of any 

applicable MACT standard, as listed under 

40 CFR Part 63, promulgated by EPA under 

FCAA, §112, or as listed under Chapter 113. 

Submitted 7/22/1998; resubmitted 7/31/2014

(F6) NESHAPS for source categories. The 

emissions from each affected facility shall 

meet at least the requirements of any 

applicable maximum achievable control 

technology (MACT) standard, as listed 

under 40 CFR Part 63, promulgated by EPA 

under FCAA, §112, or as listed under 

Chapter 113, Subchapter C of this title 

(relating to National Emissions Standards 

for Hazardous Air Pollutants for Source 

Categories (FCAA, . §112, 40 CFR Part 

63)).

Approval.

No substantive changes to 

current SIP. Meets the 

requirements of FCAA §§ 

112 or 113.

Current SIP 

(7) Performance demonstration. The 

proposed facility, group of facilities, or 

account will achieve the performance 

specified in the flexible permit application. 

The applicant may be required to submit 

additional engineering data after a flexible 

permit has been issued in order to 

demonstrate further that the proposed 

facility, group of facilities, or account will 

achieve the performance specified in the 

flexible permit. In addition, initial 

Submitted 7/31/2014

(G7) Performance demonstration. The 

proposed facility, group of facilities, or 

account will achieve the performance 

specified in the flexible permit application. 

The applicant may be required to submit 

additional engineering data after a flexible 

permit has been issued in order to 

demonstrate further that the proposed 

facility, group of facilities, or account will 

achieve the performance specified in the 

flexible permit. In addition, initial 

compliance testing with ongoing

Approval.

No substantive changes to 

current SIP. Meets 40 CFR 

Subparts 51.160(a) and (b) 

for determination of 

NAAQS violations for a 

minor NSR review permit 

program.
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

19 

Annotation and Evaluation of 30 TAC § 116.711 – Flexible Permit Application. Comments

compliance testing with ongoing 

compliance determined through 

engineering calculations based on 

measured process variables or predictive 

monitoring, stack monitoring, or stack 

testing may be required. 

compliance determined through engineering

calculations based on measured process 

variables or predictive monitoring, stack 

monitoring, or stack testing may be required 

as specified in each flexible permit.

Current SIP 

(8) Nonattainment review. If the proposed 

facility, group of facilities, or account is 

located in a nonattainment area each facility 

shall comply with all applicable 

requirements under the undesignated head 

concerning nonattainment review in 

Subchapter B of this chapter (relating to 

New Source Review Permits). 

Submitted 7/31/2014 

(H8) Nonattainment review. If the proposed 

facility, group of facilities, or account is 

located in a nonattainment area each facility 

shall comply with all applicable 

requirements under the designated head 

concerning nonattainment review in this 

chapter (relating to New Source Review 

Permits. 

Approval.

No substantive changes to 

current SIP. Meets 40 CFR 

Subparts 51.160(a) and (b) 

for determination of 

NAAQS violations for a 

minor NSR review permit 

program.

Current SIP 

(9) Prevention of Significant Deterioration 

(PSD) review. If the proposed facility, 

group of facilities, or account is located in an 

attainment area each facility shall comply 

with all applicable requirements under the 

undesignated head concerning PSD review 

in Subchapter B of this chapter. 

Submitted 7/31/2014

(I9) Prevention of Significant Deterioration 

(PSD) review, If the proposed facility, group 

of facilities, or account is located in an 

attainment area, each facility shall comply 

with all applicable requirements under the 

undesignated head in this chapter concerning 

PSD review. in Subchapter B of this 

chapter..

Approval. 

No substantive changes to 

current SIP. Meets 40 CFR 

Subparts 51.160(a) and (b) 

for determination of 

NAAQS violations for a 

minor NSR review permit 

program 

Current SIP 

(10) Air dispersion modeling or ambient 

monitoring. Computerized air dispersion 

modeling and/or ambient monitoring may be 

required by the commission’s New Source 

Review Permits Division to determine the air 

quality impacts from the facility, group of 

facilities, or account. In conducting a review 

of a permit application for a shipbuilding or 

ship repair operation, the commission will 

not require and may not consider air 

dispersion modeling results predicting 

ambient concentrations of non- criteria air 

contaminants over coastal waters of the state. 

The commission shall determine compliance 

with non-criteria air contaminant standards 

and guidelines at land-based off- property 

locations.

Submitted 7/31/2014

(J10) Air dispersion modeling or ambient 

monitoring. Computerized air dispersion 

modeling and/or ambient monitoring may be 

required by the commission’s New Source 

Review Permits Division to determine the 

air quality impacts from the facility, group 

of facilities, or account. In conducting a 

review of a permit application for a 

shipbuilding or ship repair operation, the 

commission will not require and may not 

consider air dispersion modeling results 

predicting ambient concentrations of noncriteria air contaminants over coastal waters 

of the state. The commission shall 

determine compliance with non-criteria air 

contaminant standards and guidelines at 

land-based off- property locations.

Approval.

No substantive changes to 

current SIP. Meets 40 

CFR Subparts 51.160(f) 

for determination of 

NAAQS violations.

Current SIP 

(12) Mass cap and trade allocations. If 

subject to Chapter 101, Subchapter H, 

Division 3 of this title (relating to Mass 

Cap and Trade Program) the proposed 

facility, facilities, or account must obtain 

allocations to operate.

Submitted 7/31/2014

(L12) Mass cap and trade allocations. If 

subject to Chapter 101, Subchapter H, 

Division 3 of this title (relating to Mass 

Cap and Trade Program) the proposed 

facility, facilities, or account must obtain 

allocations to operate.

Approval.

No substantive changes to 

current SIP. Meets 40 

CFR Subpart 51.160(c) 

for establishing permit 

application requirements 

for a minor NSR review 

permit program.

Current SIP

(13) Application Content. In addition to any 

other requirements of this chapter, the 

applicant shall: 

(A) identify each air contaminant for which 

the emission cap is desired; 

Submitted 7/31/2014 

(M13) Application Content. In addition to 

any other requirements of this chapter, the 

applicant shall: 

(iA) identify each air contaminant for which 

the emission cap is desired; 

Approval.

No substantive changes to 

current SIP. Meets 40 

CFR Subpart 51.160(c) 

for establishing permit 

application requirements 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

20 

Annotation and Evaluation of 30 TAC § 116.711 – Flexible Permit Application. Comments

(B) identify each facility to be included in 

the flexible permit;(C) identify each source 

of emissions to be included in the flexible 

permit and for each source of emissions 

identify the Emission Point Number (EPN) 

and the air contaminants emitted; 

(D) for each emission cap, identify 

associated EPNs and provide emission rate 

calculations based upon expected maximum 

capacity and the proposed control 

technology; 

(E) for each individual emission limitation, 

identify the EPN and provide emission rate 

calculations based on the expected maximum 

production capacity. 

(2)(M) Application content. In addition to 

other requirements of this chapter, the 

applicant shall: 

(iv) for each emission cap, identify all 

associated EPNs and facilities (including 

description, common name, and facility 

identification number) and provide 

emission rate calculations based on the 

expected maximum capacity and the 

proposed control technology; 

(vii) if the flexible permit application 

includes facilities currently authorized by a 

permit issued under Subchapter B of this 

chapter (relating to New Source Review 

Permits), the applicant shall identify any 

terms, conditions, and representations in the 

Subchapter B permit or permits which will 

be superceded by or incorporated into the 

flexible permit. The applicant shall include 

an analysis of how the conditions and control 

requirements of Subchapter B permits will 

be carried forward in the proposed flexible 

permit. 

(iiB) identify each facility to be included in 

the flexible permit; 

(iiiC) identify each source of emissions to 

be included in the flexible permit and for 

each source of emissions identify the 

Emission Point Number (EPN) and the air 

contaminants emitted; 

(ivD) for each emission cap, identify all 

associated EPNs and provide emission rate 

calculations based upon expected maximum 

capacity and the proposed control 

technology; 

(vE) for each individual emission 

limitation, identify the EPN and provide 

emission rate calculations based on the 

expected maximum production capacity and 

the proposed control technology; and 

(2)(M) Application content. In addition to 

other requirements of this chapter, the 

applicant shall: 

 (vii) if the flexible permit application 

includes facilities currently authorized by a 

permit issued under Subchapter B of this 

chapter (relating to New Source Review 

Permits), the applicant shall identify any 

terms, conditions, and representations in the 

Subchapter B permit or permits which will 

be superceded by or incorporated into the 

flexible permit. The applicant shall include 

an analysis of how the conditions and 

control requirements of Subchapter B 

permits will be carried forward in the 

proposed flexible permit. 

for a minor NSR review 

permit program. 

Current SIP

(14) Proposed control technology and 

compliance demonstration. The applicant 

shall specify the control technology 

proposed for each unit to meet the emission 

cap and demonstrate compliance with all 

emission caps at expected maximum 

production capacity.

Submitted 7/31/2014 

(N13) Proposed control technology and 

compliance demonstration. The applicant 

shall specify the control technology 

proposed for each unit to meet the emission 

cap and demonstrate compliance with all 

emission caps at expected maximum 

production capacity. 

Approval.

No substantive changes to 

current SIP. Meets 40 

CFR Subpart 51.160(c) for 

establishing permit 

application requirements 

for a minor NSR review 

permit program.

 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

21 

1. Background on 30 TAC § 116.715. General and Special Conditions.

Current SIP-Approved 30 TAC § 116.715: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revision to 30 TAC § 116.715. 

2. Evaluation Matrix. 

Annotation and Evaluation of 30 TAC § 116.715 – General and Special Conditions. Comments 

Current SIP

Flexible permits may contain general and 

specific conditions. The holders of flexible 

permits shall comply with any and all such 

conditions. Upon a specific finding by the 

executive director that an increase of a 

particular air contaminant could result in a 

significant impact on the air environment, or 

could cause the facility, group of facilities, of 

account to become subject to review under 

§116.150 and §116.151 and §§116.160-116.163 

of this title (relating to Nonattainment Review 

or Prevention of Significant Deterioration 

Review), the permit may include a special 

condition which requires the permittee to obtain 

written approval from the executive director 

before constructing a facility under a standard 

permit of an exemption under Chapter 106 of 

this title (relating to Exemptions from 

Permitting) 

Submitted 7/31/2014

(a) Flexible permits may contain general and 

specific conditions. The holders of flexible 

permits shall comply with any and all such 

conditions. Upon a specific finding by the 

executive director that an increase of a particular 

air contaminant could result in a significant 

impact on the air environment, or could cause 

the facility, group of facilities, of account to 

become subject to review under §116.150 and 

§116.151 and §§116.160-116.163 of this title r 

(relating to Nonattainment Review or Prevention 

of Significant Deterioration Review) the permit 

may include a special condition which requires 

the permittee to obtain written approval from the 

executive director before constructing a facility 

under a standard permit of an exemption under 

Chapter 106 of this title (relating to Exemptions 

from Permitting)

Approval.

Meets Section 

110(2)(A) and (C) 

of CAA. Meets 40 

CFR 51.160(a) and 

51.230(b)

Current SIP 

(b) A pollutant specific emission cap or 

multiple emissions caps and/or individual 

emission limits shall be for each air contaminant 

for all facilities authorized by the flexible 

permit. 

Submitted 7/31/2014

(b) A pollutant specific emission cap or 

multiple emissions caps and/or individual 

emission limits shall be for each air contaminant 

for all facilities authorized by the flexible 

permit. A flexible permit may contain more than 

one emission cap for a specific air contaminant. 

The holder of a flexible permit shall comply 

with all flexible permit emission cap(s) and 

individual emission limitations. An exceedance 

of the flexible permit emission cap(s) of 

Approval.

The rule definition 

change does not 

circumvent the 

requirements of 

Section 110 of the 

CAA which 

requires regulation 

of any stationary 

source necessary to 

assure NAAQS are 

achieved.
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

22 

Annotation and Evaluation of 30 TAC § 116.715 – General and Special Conditions. Comments 

individual emission limitations is a violation of 

the permit.

Current SIP 

(c) The following general and conditions shall 

be applicable to every flexible permit:

Submitted 7/31/2014

(c) The following general and conditions shall 

be applicable to every flexible permit:

Approval. No 

change to current 

SIP. Meets Section 

110(a)(2)(A) and 

(C) of CAA. 

Meets 40 CFR 

Subparts 51.160(a) 

and 51.230(b).

Current SIP 

This section does not apply to physical or 

operational changes allowed without an 

amendment under §116.721 of this title (relating 

to Amendments and Alterations). 

Submitted 7/31/2014

(1) Applicability. This section does not apply to 

physical or operational changes allowed without 

an amendment under §116.721 of this title 

(relating to Amendments and Alterations).

Approval. 

No substantive 

changes to current 

SIP. Meets Section 

110(a)2)(A) and 

(C) of CAA. 

Meets 40 CFR 

Subparts 51.160(a) 

and 51.230(b).

Current SIP 

(2) Construction progress. The start of 

construction, construction interruptions 

exceeding 45 days, and completion of 

construction shall be reported to the appropriate 

regional office of the commission no later than 

15 working days after occurrence of the event. 

Submitted 7/31/2014

(2) Construction progress. The start of 

construction, construction interruptions 

exceeding 45 days, and completion of 

construction shall be reported to the appropriate 

regional office of the commission no later than 

15 working days after occurrence of the event.

Approval.

No change to 

current SIP. Meets 

Section 

110(a)(2)(A) and 

(C) of CAA. 

Meets 40 CFR 

Subparts 51.160(a) 

and 51.230(b).

Current SIP

(3) Start-up notification. 

(A) The appropriate regional office of the 

commission and any local program having 

jurisdiction shall be notified prior to 

commencement of operations of the facilities 

authorized by permit in such a manner that a 

representative of the commission may be 

present. 

Submitted 7/31/2014

(3) Start-up notification. (A) The permit holder 

shall notify the appropriate regional office of 

the commission and any local program having 

jurisdiction shall be notified prior to the 

commencement of operations of the facilities 

authorized by the permit in such a manner that a 

representative of the commission may be 

present.

Approval.

No substantive 

changes to current 

SIP. Meets Section 

110(a)(2)(A) and 

(C) of CAA. Meets 

40 CFR Subparts 

51.160(a) and 

51.230(b).

Current SIP 

(B) Phase construction, which may involve a 

series of facilities commencing operations at 

different times, shall provide separate 

notification for the commencement of 

operations for each facility. 

Submitted 7/31/2014

(B) The permit holder shall provide a separate 

notification for the commencement of 

operations for each unit of phased 

construction, which may involve a series of 

facilities commencing operations at different 

times.

Approval.

Meets Section 

110(a)(2)(A) and 

(C) of CAA. Meets 

40 CFR Subparts 

51.160(a) and 

51.230(b).

Current SIP 

(C) Prior to beginning operations of the 

facilities authorized by the permit, the permit 

holder shall identify to the Office of Permitting, 

Remediation, and Registration the source or 

sources of allowances to be utilized for 

compliance with Chapter 101, Subchapter H, 

Submitted 7/31/2014 

(C) Prior to beginning operations of the 

facilities authorized by the permit, the permit 

holder shall identify to the Office of Permitting, 

Remediation, and Registration the source or 

sources of allowances to be utilized for 

compliance with Chapter 101, Subchapter H, 

Approval.

Meets Section 

110(a)(2)(A) and 

(C) of CAA. Meets 

40 CFR Subparts 

51.160(a) and 

51.230(b).
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

23 

Annotation and Evaluation of 30 TAC § 116.715 – General and Special Conditions. Comments 

Division 3 of this title (relating to Mass 

Emissions Cap and Trade Program.

Division 3 of this title (relating to Mass 

Emissions Cap and Trade Program. 

Current SIP 

(4) Sampling requirements. If sampling of 

stacks or process vents is required, the flexible 

permit holder shall contact the commission’s 

Engineering Services Section, Office of 

Compliance and Enforcement prior to 

sampling to obtain proper data forms and 

procedures. All sampling and testing 

procedures must be approved by the executive 

director and coordinated with the appropriate 

regional office of the commission. The 

flexible permit holder is also responsible for 

providing sampling facilities and conducting 

the sampling operations or contracting with an 

independent sampling consultant. 

Submitted 7/31/2014

(4) Sampling requirements. 

(A) If sampling is required, the flexible permit 

holder shall contact the commission’s 

appropriate regional office prior to sampling to 

obtain proper data forms and procedures. 

(B) All sampling and testing procedures must 

be approved by the executive director and 

coordinated with the appropriate regional office 

of the commission. 

( C ) The flexible permit holder is also 

responsible for providing sampling facilities 

and conducting the sampling operations or 

contracting with an independent sampling 

consultant.

Approval.

No substantive 

changes to current 

SIP. Meets Section 

110(a)(2)(A) and 

(C) of CAA. 

Meets 40 CFR 

Subpart 51.160(c).

Current SIP 

(5) Monitoring, Calculations, and Equivalency 

of methods. 

(A) Each flexible permit shall specify 

requirements for monitoring or demonstrating 

compliance with emission caps and individual 

emission limits in the flexible permit. 

(B) Each flexible permit shall specify methods 

for calculating annual and short term 

emissions for each pollutant for a given type 

of facility. 

Submitted 7/31/2014 

(5) Monitoring, Calculations, and Equivalency 

of methods. 

(A) Each flexible permit shall specify 

requirements for monitoring or demonstrating 

compliance with emission caps and individual 

emission limits in the flexible permit. 

(B) Each flexible permit shall specify methods 

for calculating annual and short term emissions 

for each pollutant for a given type of facility. 

(C) The flexible permit holder must 

demonstrate or otherwise justify the 

equivalency of emission control methods, 

sampling or other emission testing methods, 

and monitoring or calculation methods 

proposed as alternatives to methods indicated 

in the conditions of the flexible permit. 

Requests for alternative emission control, 

sampling, monitoring, or calculation methods 

must be submitted in writing for review and 

approval by the executive director prior to their 

use in fulfilling any requirements of the permit.

Approval.

Meets Section 

110(a)(2)(A) and 

(C) of CAA. 

Meets 40 CFR 

Subpart 51.160(c). 

See the TCEQ 

12/9/2013, 

interpretive letter 

to Ron Curry, 

EPA, regarding 

Director Discretion 

for further basis of 

§116.715 (5)(C).

Current SIP 

(6) Recordkeeping. The permit holder shall: 

(A) maintain a copy of the flexible permit along 

with information and data sufficient to 

demonstrate continuous compliance with the 

emission caps and individual emission 

limitations contained in the flexible permit. 

This information and data shall include, but is 

not limited to: 

(i) emission cap and individual emission 

limitation calculations based upon a 12-month 

rolling basis; 

(ii) emission cap and individual emission 

limitation calculations corresponding to any 

short term emission limitation; and 

Submitted 7/31/2014

(6) Recordkeeping. The permit holder shall: 

(A) maintain a copy of the flexible permit 

along with information and data sufficient to 

demonstrate continuous compliance with the 

emission caps and individual emission 

limitations contained in the flexible permit. 

This information and data shall include, but is 

not limited to: 

(i) emission cap and individual emission 

limitation calculations based upon a 12-month 

rolling basis; 

(ii) emission cap and individual emission 

limitation calculations corresponding to any 

short term emission limitation; and 

(iii) Production records and operating hours. 

Approval.

7/31/2014 

Submittal meets 

Section 

110(a)(2)(A) 

and (C) of CAA. 

Meets 40 CFR 

Subpart 

51.160(c).
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

24 

Annotation and Evaluation of 30 TAC § 116.715 – General and Special Conditions. Comments 

 (B) keep all required records in a file at the 

plant site. If, however, the facility site normally 

operates unattended, records must be 

maintained at an office within Texas having 

day-to-day operational control of the facility 

site; 

(C) make the records available at the request of 

personnel from the commission or any local air 

pollution control agency having jurisdiction 

over the site, which, upon request, the 

commission shall make any such records of 

compliance available to the public in a timely 

manner. 

(D) comply with any additional recordkeeping 

requirements specified in special conditions in 

the permit; and 

(E) retain information in the file for at least two 

years following the date the information or data 

is obtained.

Current SIP 

(7) Maximum allowable emission rates. A 

flexible permit covers only those sources of 

emissions and those air contaminants listed in 

the table entitled “Emission Sources, Emission 

Caps and Individual Emission Limitations” 

attached to the flexible permit.

Submitted 7/31/2014

(7) Maximum allowable emission rates. A 

flexible permit covers only those sources of 

emissions and those air contaminants listed in 

the table entitled “Emission Sources, Emission 

Caps and Individual Emission Limitations” 

attached to the flexible permit. 

Approval.

No change to 

current SIP. Meets 

Section 

110(a)(2)(A) and 

(C) of CAA. 

Meets 40 CFR 

Subparts 51.160(a) 

and 51.230(b).

Submitted 7/31/2014

(8) Representations. The representations with regard to construction plans and operation procedures 

in an application for a permit or permit amendment are the conditions upon which a flexible permit 

or permit amendment is issued. 

Approval.

The rule 

definition is 

integral to the 

implementatio

n of the minor 

NSR flexible 

permit 

program and 

does not 

circumvent the 

requirements 

of Section 110 

of the CAA 

which requires 

regulation of 

any stationary 

source 

necessary to 

assure 

NAAQS are 

achieved. 

Recodification.

Current SIP 

(8) Emission cap readjustment. If a schedule to 

install additional controls is included in the 

flexible permit and the facility subject to such a 

schedule is taken out of service, the emission 

cap contained in the flexible permit will be 

Submitted 7/31/2014

(89) Emission cap readjustment. If a schedule 

to install additional controls is included in the 

flexible permit and the facility subject to such a 

schedule is taken out of service, the emission 

cap contained in the flexible permit will be 

Approval.

No substantive 

changes to current 

SIP. The rule 

definition is 

integral to the 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

25 

Annotation and Evaluation of 30 TAC § 116.715 – General and Special Conditions. Comments 

readjusted for the period the unit is out of 

service to a level as if no schedule had been 

established. Unless a special provision specifies 

the method of readjustment of the cap, a permit 

alteration shall be obtained. 

readjusted for the period the unit is out of 

service to a level as if no schedule had been 

established. Unless a special provision specifies 

the method of readjustment of the cap, a permit 

alteration shall be obtained.

implementation of 

the minor NSR 

flexible permit 

program and does 

not circumvent the 

requirements of 

Section 110 of the 

CAA which 

requires regulation 

of any stationary 

source necessary to 

assure NAAQS are 

achieved. 

Recodification.

Current SIP 

(9) Maintenance of emission control. The 

facilities covered by the flexible permit shall not 

be operated unless all air pollution emission 

capture and abatement equipment is maintained 

in good working order and operating properly 

during normal facility operations. Notification of 

emission events and scheduled maintenance 

shall be made in accordance with §101.201 and 

§101.211 if this title (relating to Emissions 

Event and Reporting requirements; and 

Scheduled Maintenance, Startup, and Shutdown 

Reporting and Recordkeeping Requirements). 

Submitted 7/31/2014

(910) Maintenance of emission control. The 

facilities covered by the flexible permit shall not 

be operated unless all air pollution emission 

capture and abatement equipment is maintained 

in good working order and operating properly 

during normal facility operations. Notification 

of emission events and scheduled maintenance 

shall be made in accordance with §101.201 and 

§101.211 if this title (relating to Emissions 

Event and Reporting requirements; and 

Scheduled Maintenance, Startup, and Shutdown 

Reporting and Recordkeeping Requirements).

Approval.

No substantive 

changes to current 

SIP. Meets Section 

110(a)(2)(A) of the 

CAA.

Current SIP 

(10) Compliance with rules. Acceptance of a 

flexible permit by a permit applicant constitutes 

an acknowledgement and agreement that the 

holder will comply with all Rules, Regulations, 

and Orders of the commission issued in 

conformity with the TCAA and the conditions 

precedent to the granting of the permit. If more 

than one state or federal rule or regulation or 

flexible permit conditions are applicable, then 

the most stringent limit or conditions shall 

govern and be the standard by which compliance 

shall be demonstrated. Acceptance includes 

consent to the entrance of commission 

employees and agents into the permitted 

premises at reasonable times to investigate 

conditions relating to the emissions or 

concentration of air contaminants, including 

compliance with the flexible permit. 

Submitted 7/31/2014

(110) Compliance with rules. Acceptance of a 

flexible permit by a permit applicant constitutes 

an acknowledgement and agreement that the 

holder will comply with all Rules, Regulations, 

and Orders of the commission issued in 

conformity with the Texas Clean Air Act and the 

conditions precedent to the granting of the 

permit. If more than one state or federal rule or 

regulation or flexible permit conditions are 

applicable, then the most stringent limit or 

conditions shall govern and be the standard by 

which compliance shall be demonstrated. 

Acceptance includes consent to the entrance of 

commission employees and agents into the 

permitted premises at reasonable times to 

investigate conditions relating to the emissions 

or concentration of air contaminants, including 

compliance with the flexible permit.

Approval.

No substantive 

changes to current 

SIP. Meets 40 CFR 

Subpart 

51.160(a)(1)..

Current SIP 

(d), Each permit with emission caps must 

include special conditions that satisfy the 

following requirements for facilities subject to 

those caps. . . . These requirements do not 

apply to facilities that are not subject to an 

emission cap. 

(1) The monitoring system must accurately 

determine all emissions of the pollutants in 

Submitted 7/31/2014

(d), Each permit with emission caps must 

include special conditions that satisfy the 

following requirements for facilities subject to 

those caps. (1) The monitoring system must 

accurately determine all emissions of the 

pollutants in terms of mass per unit time. Any 

monitoring system authorized for use in the 

permit must be based on sound science and meet 

Approval.

No substantive 

changes to current 

SIP. Meets 40 CFR 

Subpart 

51.160(a)(1).
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

26 

Annotation and Evaluation of 30 TAC § 116.715 – General and Special Conditions. Comments 

terms of mass per unit of time. Any monitoring 

system authorized for use in the permit must be 

based on sound science and meet generally 

acceptable scientific procedures for data quality 

and manipulation. 

 

generally acceptable scientific procedures for 

data quality and manipulation. These 

requirements do not apply to facilities that are 

not subject to an emission cap. 

Submitted 7/31/2014

(e) There may be additional special conditions included in a flexible permit upon issuance or 

amendment of the permit. Such conditions in a flexible permit may be more restrictive than the 

requirements of this title. 

Approval.

Meets 40 CFR 

Subpart 

51.160(a)(1). 

Current SIP 

(f) The executive director may require as a 

special condition that the permit holder obtain 

written approval before constructing a source 

under a standard permit under Subchapter F of 

this chapter (relating to Standard Permits) or a 

permit by rule under Chapter 106 of this title. 

Such written approval may be required if the 

executive director specifically finds than an 

increase of a particular pollutant could either: 

(1) result in a significant impact on the air 

environment, or (2) cause the facility, group of 

facilities, or account to become subject to 

review . . . 

(B) the provisions in Subchapter B, Divisions 5 

and 6 of this chapter (relating to Nonattainment 

Review Permits; and Prevention of Significant 

Deterioration Review, respectively). 

Submitted 7/31/2014 

(f) The executive director may require as a 

special condition that the permit holder obtain 

written approval before constructing a source 

under a standard permit under Subchapter F of 

this chapter (relating to Standard Permits) or a 

permit by rule under Chapter 106 of this title. 

Such written approval may be required if the 

executive director specifically finds than an 

increase of a particular pollutant could either: 

(1) result in a significant impact on the air 

environment, or 

(2) cause the facility, group of facilities, or 

account to become subject to review under: 

(B) the provisions in Subchapter B, 

Divisions 5 and 6 of this chapter (relating to 

Nonattainment Review Permits; and 

Prevention of Significant Deterioration 

Review, respectively). 

Approval, except 

(f)(2)(A). No 

substantive changes 

to current SIP. 

Meets 40 CFR 

Subpart 

51.160(a)(1). 

Excludes : (A) 

Subchapter E of 

this chapter 

(relating to 

Hazardous Air 

Pollutants: 

Regulations, 

Governing 

Constructed or 

Reconstructed 

Major Sources 

(FCAA, 112(g), 40 

CFR Part 63)); or 

 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

27 

1. Background on 30 TAC § 116.716. Emission Caps and Individual Emission 

Limitations.

Current SIP-Approved 30 TAC § 116.716: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revisions to 30 TAC § 116.716. 

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.716 – Emission Caps and

Individual Emission Limits.

Comments

Current SIP 

(a) Emission caps. To establish a cap for a 

pollutant, the executive director will develop 

an emission cap for: 

(1) all facilities at an account; or 

(2) a designated group of facilities at an 

account. 

Submitted 7/31/2014 

(a) Emission caps. To establish a cap for a 

pollutant, the executive director will 

develop an emission cap for: 

(1) all facilities at an account; or 

(2) a designated group of facilities at an 

account. 

Approval. 

No change to SIP. The 

rule is integral to the 

implementation of the 

minor NSR FPP and does 

not circumvent the 

requirements of § 110(a) 

of the CAA which 

requires regulation of any 

stationary source 

necessary to assure 

NAAQS are achieved. See 

40 CFR Subpart 51.160. 

Current SIP 

(b) Individual emission limitations. An 

individual emission limitation will be 

established in the same permit for each 

pollutant not covered by an emission cap 

for facilities covered by the flexible permit. 

In addition, an individual emission 

limitation may be established for a pollutant

covered by an emission cap when the 

expected capacity of a facility is less than 

the expected maximum capacity to prevent 

a facility from exceeding emission levels 

appropriate for the proposed controls. 

Submitted 7/31/2014

(b) Notwithstanding subsection (a) of this 

section, the executive director reserves the 

right to exclude any facility from an 

emissions cap if necessary to ensure 

compliance with the permit or to ensure the 

protection of human health and the 

environment. Individual emission 

limitations. An individual emission 

limitation will be established in the same 

permit for each pollutant not covered by an 

emission cap for facilities covered by the 

flexible permit. In addition, and individual 

emission limitation may be established for a

pollutant covered by an emission cap when

Approval

Meets the requirements of 

40 CFR 51.230 for 

emission limitations. 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

28 

Annotation and Evaluation of 30 TAC § 116.716 – Emission Caps and

Individual Emission Limits.

Comments

the expected capacity of a facility is less 

than the expected maximum capacity to 

prevent a facility from exceeding emission 

levels appropriate for the proposed controls.

Current SIP 

(c) Emissions will be calculated for each 

facility within an emission cap as follows: 

(1) Determination of control technology: 

(A) if the permit is used to authorize any 

facility, group of facilities or account, or 

any change to existing facilities, that 

constitutes a new major stationary 

source or major modification for the 

pollutant as defined by §116.12 of this 

title (relating to Nonattainment and 

Prevention of Significant Deterioration 

Review Definitions), Significant 

Deterioration Review Definitions), 

emissions shall be based on control 

technology determined in accordance 

with Subchapter B, Division 5 or 6 of 

this chapter (relating to Nonattainment 

Review Permits; and Prevention of 

Significant Deterioration Review, 

respectively) as applicable, at expected 

maximum capacity or 

(B) based on application of best 

available control technology as defined 

in §116.10 of this title (relating to 

General Definitions), at expected 

maximum capacity. 

(2) pollutants emitted from facilities 

subject to lowest achievable emission rate 

review in accordance with Subchapter B, 

Division 5 of this chapter must be 

included in a separate emissions cap or 

listed as individual emission limitations. 

(3) the calculated emissions for all 

facilities within an emission cap will be 

summed. 

(4) a lower emission cap than that 

determined by paragraph (3) of this 

subsection may be proposed by the permit 

applicant if technical information is 

provided to demonstrate that it is feasible 

to operate in compliance with the proposed 

emission cap. 

Submitted 7/31/2014 

(c) Emissions will be calculated for each 

facility within an emission cap as follows: 

(1) Determination of control technology: 

(A) if the permit is used to authorize any 

facility, group of facilities or account, or 

any change to existing facilities, that 

constitutes a new major stationary source

or major modification for the pollutant 

as defined by §116.12 of this title 

(relating to Nonattainment and 

Prevention of Significant Deterioration 

Review Definitions), Significant 

Deterioration Review Definitions), 

emissions shall be based on control 

technology determined in accordance 

with Subchapter B, Division 5 or 6 of 

this chapter (relating to Nonattainment 

Review Permits; and Prevention of 

Significant Deterioration Review, 

respectively) as applicable, at expected 

maximum capacity or 

(B) based on application of best available 

control technology as defined in §116.10 

of this title (relating to General 

Definitions), at expected maximum 

capacity. 

(2) pollutants emitted from facilities 

subject to lowest achievable emission rate 

review in accordance with Subchapter B, 

Division 5 of this chapter must be included

in a separate emissions cap or listed as 

individual emission limitations. 

(3) the calculated emissions for all 

facilities within an emission cap will be 

summed. 

(4) a lower emission cap than that 

determined by paragraph (3) of this 

subsection may be proposed by the permit 

applicant if technical information is 

provided to demonstrate that it is feasible 

to operate in compliance with the proposed

emission cap. 

Approval. 

No change to current SIP. 

The rule is integral to the 

implementation of the 

minor NSR FPP and does 

not circumvent the 

requirements of § 110(a) of 

the CAA which requires 

regulation of any stationary 

source necessary to assure 

NAAQS are achieved. See 

40 CFR Subpart 51.160.

Current SIP 

(d) Individual emission limitations. An 

individual emission limitation will be 

established in the same permit for each 

pollutant not included in an emission cap 

for facilities authorized by the flexible 

permit. In addition, an individual 

emission limitation may be established 

Submitted 7/31/2014

(d) Individual emission limitations. An 

individual emission limitation will be 

established in the same permit for each 

pollutant not included in an emission cap 

for facilities authorized by the flexible 

permit. In addition, an individual 

emission limitation may be established for 

Approval. 

No change to the current 

SIP. The rule is integral to 

the implementation of the 

minor NSR FPP and does 

not circumvent the 

requirements of Section 

110(a) of the CAA which 
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

29 

Annotation and Evaluation of 30 TAC § 116.716 – Emission Caps and

Individual Emission Limits.

Comments

for a pollutant included in an emission 

cap when the expected capacity of a 

facility is less than the expected 

maximum capacity to prevent a facility 

from exceeding emission levels 

appropriate for the proposed controls. 

a pollutant included in an emission cap 

when the expected capacity of a facility is 

less than the expected maximum capacity 

to prevent a facility from exceeding 

emission levels appropriate for the 

proposed controls. 

requires regulation of any 

stationary source necessary 

to assure NAAQS are 

achieved.

 Current SIP 

(e) The permit shall clearly identify, by a 

table or other appropriate means, the 

facilities that are subject to an emission cap,

and the facilities that are subject to 

individual emission limitations. A facility 

may be subject to both an emission cap and 

an individual emission limitation. 

Submitted 7/31/2014

(e) The permit shall clearly identify, by a 

table or other appropriate means, the 

facilities that are subject to an emission cap,

and the facilities that are subject to 

individual emission limitations. A facility 

may be subject to both an emission cap and 

an individual emission limitation.

Approval. 

No change to the current SIP. 

The rule is integral to the 

implementation of the minor 

NSR flexible permit program 

and does not circumvent the 

requirements of Section 

110(a) of the CAA which 

requires regulation of any 

stationary source necessary 

to assure NAAQS are 

achieved. See 40 CFR 

Subpart 51.160. 

Current SIP 

(f) Adjustment of emission cap. To 

ensure caps are practically enforceable, 

the executive director will use the 

following criteria and procedures for 

adjustment of a cap. 

(1) If a facility subject to an emission cap 

is shut down for a period longer than six 

months, the emission cap shall be 

adjusted by lowering the emission cap by 

an amount that the shut down facility 

contributed to the original calculation of 

the emission cap. If a shut down facility is 

returned to operation, the emission cap 

shall be adjusted by increasing the 

emission cap by the amount that the 

facility contributed to the original 

calculation of the emission cap; however, 

the emission cap cannot be increased 

beyond the original emission cap amount. 

(2) If a facility is to be added to the flexible 

permit, a permit amendment is required to 

establish a revised emission cap. If a facility

is to be added to the flexible permit, a 

permit amendment is required to establish a 

revised emission cap. (3) If an existing 

emission cap is to be increased as a result of

adding a new facility or the modification of 

a facility within the emission cap, an 

amendment application is required. In 

considering the application, the commission 

shall: 

(A) Determine whether an increase in the 

emission cap constitutes a major 

modification for the pollutant as defined by 

§116.12 of this title. For purposes of this 

determination, all facilities under that cap 

Submitted 7/31/2014

(f) Adjustment of emission cap. To ensure 

caps are practically enforceable, The 

executive director will use the following 

criteria and procedures for adjustment of 

a cap. 

(1) If a facility subject to an emission cap 

is shut down for a period longer than six 

months, the emission cap shall be 

adjusted by decreasing lowering the 

emission cap by an amount that the shut 

down facility contributed to the original 

calculation of the emission cap. If a shut 

down facility is returned to operation, the 

emission cap shall be adjusted by 

increasing the emission cap by the 

amount that the facility contributed to the 

original calculation of the emission cap; 

however, the emission cap cannot be 

increased beyond the original emission 

cap amount. 

(2) If a facility is to be added to the 

flexible permit, a permit amendment is 

required to establish a revised emission 

cap. If a facility is to be added to the 

flexible permit, a permit amendment is 

required to establish a revised emission 

cap. If an existing emission cap is to be 

increased as a result of adding a new 

facility or the modification of a facility 

within the emission cap, an amendment 

application is required. 

(3) If an existing emission cap is to be 

increased as a result of adding a new facility

or the modification of a facility within the 

emission cap, an amendment application is 

required. In considering the application, the 

Approval. 

The rule is integral to the 

implementation of the 

minor NSR flexible permit 

program and does not 

circumvent the 

requirements of Section 

110(a) of the CAA which 

requires regulation of any 

stationary source necessary 

to assure NAAQS are 

achieved. See 40 CFR 

Subpart 51.160.
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

30 

Annotation and Evaluation of 30 TAC § 116.716 – Emission Caps and

Individual Emission Limits.

Comments

shall be included in the evaluation. 

(B) for facilities that are not major 

modifications as determined by the analysis 

in paragraph (3)(A) of this subsection, 

increase the emission cap by the sum of the 

emissions from each of the new or modified 

facilities determined in accordance with 

subsection (c) of this section and decrease 

the emission cap by the sum of the previous 

emission cap contributions from the 

facilities to be modified. 

commission shall: 

(A) Determine whether an increase in the 

emission cap constitutes a major 

modification for the pollutant as defined by 

§116.12 of this title. For purposes of this 

determination, all facilities under that cap 

shall be included in the evaluation. 

(B) for facilities that are not major 

modifications as determined by the 

analysis in paragraph (3)(A) of this 

subsection, increase the emission cap by 

the sum of the emissions from each of the 

new or modified facilities determined in 

accordance with subsection (c) of this 

section and decrease the emission cap by 

the sum of the previous emission cap 

contributions from the facilities to be 

modified.(3) An emission cap will be 

decreased for any facility, group of 

facilities, or account authorized by a 

flexible permit if that facility becomes 

subject to any new state or federal rule or 

regulation which would lower emissions 

or require an emission reduction. The 

adjustment will be made the next time the 

flexible permit is amended or altered. If 

an amendment to a flexible permit is not 

required to meet the new requirement, 

then within 60 days of making the 

change, the permittee must submit a 

request to alter the permit and include 

information describing how compliance 

with the new requirement will be 

demonstrated.

   
TECHNICAL SUPPORT DOCUMENT 

Revisions to the New Source Review State Implementation Plan; Flexible Permit

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

31 

1. Background on 30 TAC § 116.717 – Implementation Schedule for Additional 

Controls.

Current SIP-Approved 30 TAC § 116.717: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revisions to 30 TAC § 116.717. 

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.717 – Implementation Schedule for

Additional Controls.

Comments

Current SIP 

If a facility requires the installation of 

additional controls to meet an emission 

cap for a pollutant, the flexible permit 

shall specify an implementation schedule 

for such additional controls. The permit 

may also specify how the emission cap 

will be adjusted if such a facility is taken 

out of service or fails to install the 

additional control equipment as provided 

by the implementation schedule. 

Submitted 7/31/2014

If a facility requires the installation of 

additional control or controls to meet an 

emission cap for a pollutant, the flexible 

permit shall specify an implementation 

schedule for such additional controls. The 

permit may also specify how the emission 

cap will be adjusted if such a facility is 

taken out of service or fails to install the 

additional control equipment as provided 

by the implementation schedule. 

Approval. 

No change to the current 

SIP. The rule is integral to 

the implementation of the 

minor NSR FPP and does 

not circumvent the 

requirements of Section 

110(a) of the CAA which 

requires regulation of any 

stationary source necessary 

to assure NAAQS are 

achieved. See 40 CFR 

Subpart 51 160
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542

32 

1. Background on 30 TAC § 116.718. Significant Emission Increase.

Current SIP-Approved 30 TAC § 116.718: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revisions to 30 TAC § 116.718. 

2. Evaluation Matrix. 

Annotation and Evaluation of 30 TAC § 116.718 – Significant Emission Increase. Comments

Current SIP 

An increase in emissions from 

operational or physical changes at an 

existing facility covered by a flexible 

permit is insignificant, for purposes of 

state new source review under this 

subchapter, if the increase does not 

exceed either the emission cap or 

individual emission limitation. This 

section does not apply to an increase 

from a new facility nor to the emission of 

an air contaminant not previously 

emitted by an existing facility. 

Submitted 7/31/2014

An increase in emissions from 

operational or physical changes at an 

existing facility covered by a flexible 

permit is insignificant, for purposes of 

state new source review under this 

subchapter, if the increase does not 

exceed either the emission cap or 

individual emission limitation. This 

section does not apply to an increase 

from a new facility nor to the emission of 

an air contaminant not previously emitted 

by an existing facility.

Approval.

No change to the current SIP. 

The rule is integral to the 

implementation of the minor 

NSR FPP and does not 

circumvent the requirements of 

Section 110(a) of the CAA 

which requires regulation of any 

stationary source necessary to 

assure NAAQS are achieved. It 

allows flexibility under the cap 

but ensures that the cap and 

individual emission limits are 

met. Thus its’ protective of the 

NAAQS. See 40 CFR Subpart 

51 160

 
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542

33 

1. Background on 30 TAC § 116.720. Limitation of Physical and Operational 

Changes.

Current SIP-Approved 30 TAC § 116.720: 

 This Section was conditionally approved into the SIP on July 14, 2014, and 

incorporated the original 11/29/1994, rule submission which was officially resubmitted by the TCEQ on October 21, 2013. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on 

December 14, 2010, published in the Texas Register on December 31, 2010, 

and effective on January 6, 2011. 

Proposed Action: 

 Approval of the 30 TAC § 116.720 as adopted on December 14, 2010. 

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.720 –

Limitation of Physical and Operational Changes

Comments

Current SIP

Neither operational nor physical changes 

authorized under this subchapter may result 

in an increase in actual emissions at 

facilities not covered by the flexible permit 

unless those facilities are authorized 

pursuant to §116.110 of this title (relating to

Applicability). 

Submitted 7/31/2014 

Operational or Neither operational nor 

physical changes authorized under this 

subchapter may result in an increase in 

actual emissions at facilities not covered 

by the flexible permit unless those 

facilities are authorized pursuant to 

§116.110 of this title (relating to 

Applicability).

Approval. 

No substantive changes to 

current SIP. The 30 TAC 

§116.720 as adopted on 

12/14/2010, is approvable. 

Section 110(a) of the CAA 

requires regulation of any

stationary source necessary 

to assure NAAQS are 

achieved. 40 CFR Subpart 

51.160 helps to ensure 

non- interference with 

attainment or national 

standard
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

34 

1. Background on 30 TAC § 116.721. Amendments and Alterations. 

Current SIP-Approved 30 TAC § 116.721: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 

2, 2014. 

Proposed Action: 

• Approval of the revisions to 30 TAC § 116.721. 

2. Evaluation Matrix. 

Annotation and Evaluation of 30 TAC § 116.721 – Amendments and Alterations Comments

Current SIP(a) 

Flexible permit amendments. All 

representations with regard to construction 

plans and operation in an application for a 

flexible permit, as well as any general and 

specific provisions attached become 

conditions upon which the subsequent 

flexible permit is issued. It shall be unlawful 

for any person to vary from such 

representation or flexible permit provision if 

the change will cause a change in the method 

of control of emissions, the character of 

emissions, or will result in a significant 

increase in emissions, unless application is 

made to the executive director to amend the 

flexible permit in that regard and such 

amendment is approved by the executive 

director or commission. Applications to 

amend a flexible permit shall be submitted 

with a completed Form PI-1 and are subject 

to the requirements of §116.711 of this title 

(relating to Flexible Permit Application). 

Submitted 7/31/2014

(a) Flexible permit amendments. All 

representations with regard to construction 

plans and operation procedures in an 

application for a flexible permit or flexible 

permit amendment, as well as any general and 

special specific provisions attached become 

conditions, become conditions upon which 

the subsequent flexible permit is issued. It 

shall be unlawful for any person to vary from 

such representation or flexible permit 

provision if the change will cause a change in 

the method of control of emissions or the 

character of emissions, will relax emission 

controls, or will result in a significant 

increase in emissions, unless application is 

made to the executive director to amend the 

flexible permit in that regard and such 

amendment is approved by the executive 

director or commission. Applications to 

amend a flexible permit shall be submitted 

with a completed Form PI-1 and are subject 

to the requirements of §116.711 of this title 

(relating to Flexible Permit Application).

Approval.

No substantive changes 

to current SIP. Meets 40

CFR Subpart 51.160(a) 

part of the legally 

enforceable procedures 

the state must have to 

modify a facility.
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

35 

Annotation and Evaluation of 30 TAC § 116.721 – Amendments and Alterations Comments

Current SIP 

(b) Flexible permit alterations: 

(1) A flexible permit alteration is for any 

variation from a representation in a flexible 

permit application or a general or special 

provision of a flexible permit that does not 

require a flexible permit amendment. 

(2) All flexible permit alterations which 

may involve a change in a general or 

special condition contained in a flexible 

permit, or affect control equipment 

performance must receive prior approval 

by the executive director. The executive 

director shall be notified in writing of all 

other flexible permit alterations within 

ten days of implementing the change 

unless the permit provides for a different 

method of notification. Any flexible 

permit alteration request 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 §116.711 of this title, 

including protection of public health and 

property and welfare. The appropriate 

commission regional office and any local air 

program having jurisdiction shall be provided 

copies of the flexible permit alteration 

documents.(3) Flexible permit alterations shall

not be subject to the requirements of beat 

available control technology identified in 

§116.711(3) of this title. 

Submitted 7/31/2014

(b) Flexible permit alterations: 

(1) A flexible permit alteration is for any 

variation from a representation in a flexible 

permit application or a general or special 

provision of a flexible permit that does not 

require a flexible permit amendment. 

 (2) All flexible permit alterations which 

may involve a change in a general or 

special condition contained in a flexible 

permit, or affect control equipment 

performance must receive prior approval 

by the executive director. The executive 

director shall be notified in writing of all 

other flexible permit alterations within 

ten days of implementing the change 

unless the permit provides for a different 

method of notification. Any flexible 

permit alteration request 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 §116.711 of this title, 

including protection of public health and 

property and welfare. The appropriate 

commission regional office and any local 

air program having jurisdiction shall be 

provided copies of the flexible permit 

alteration documents. 

(3) Flexible permit alterations shall not be 

subject to the requirements of best available 

control technology identified in §116.711(32) 

of this title.

Approval.

No substantive 

changes to current SIP. 

EPA has previously 

approved alterations 

for minor source 

programs. We would 

also note that Fifth Cir. 

Co. determined in its 

ruling overturning 

EPA disapproval that 

the State has 

substantial flexibility 

in creating minor 

source programs. 

Meets 

40 CFR Subpart 

51.160(a) part of the 

legally enforceable 

procedures the state 

must have to modify a 

facility.
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

36 

Annotation and Evaluation of 30 TAC § 116.721 – Amendments and Alterations Comments

Current SIP(c) Changes not requiring an 

amendment or alteration. The following 

changes do not require an amendment or 

alteration, except that an amendment is 

required if the change will cause a change in 

the method of control of emissions, the 

character of emissions, or will result in a 

significant increase in emissions. 

(1) a change in throughput; or 

(2) a change in the feedstock. 

Submitted 7/31/2014

(c) Changes not requiring an amendment or 

alteration. The following changes do not 

require an amendment or alteration, except 

that an amendment is required if the change 

will cause a change in the method of control 

of emissions, or the character of the 

emissions, will relax emission controls, or 

will result in a significant increase in 

emissions. as determined under §116.718 of 

this title (relating to Significant Emission 

Increase), or conflicts with an existing 

permit condition: 

(1) a change in throughput; or 

(2) a change in the feedstock. 

Approval. 

No substantive 

changes to current SIP. 

Meets 40 CFR Subpart 

51.160(a) part of the 

legally enforceable 

procedures necessary 

to protect the NAAQS 

or violation a control 

strategy. 

Current SIP 

(d) Permits by rule under Chapter 106 of 

this title (relating to Exemptions from 

Permitting) in lieu of permit amendment or 

alteration. 

(1) Notwithstanding subsections (a) or (b) 

of this section, no permit amendment or 

alteration is required if the changes to the 

permitted facility qualify for a permit by 

under Chapter 106 of this title unless 

prohibited by permit provision as provided 

in §116.715 of this title (relating to General 

and Special conditions). All such changes 

permitted by rule to a permitted facility 

shall be incorporated into that facility’s 

permit at such time as the permit is 

amended or renewed. 

(2) Emission increases authorized by 

Chapter 106 of this title at an existing 

facility covered by a flexible permit shall 

not cause an exceedance of the emissions 

cap or individual emission limit.

Submitted 7/31/2014

(d) Permits by rule under Chapter 106 of this 

title (relating to Exemptions from Permitting) 

in lieu of permit amendment or alteration. 

(1) Notwithstanding subsections (a) or (b) 

of this section, no permit amendment or 

alteration is required if the changes to the 

permitted facility qualify for a permit by 

rule under Chapter 106 of this title unless 

prohibited by permit provision as provided 

in §116.715 of this title (relating to General 

and Special Conditions). All such changes 

permitted by rule to a permitted facility shall 

be incorporated into that facility’s permit at 

such time as the permit is amended or 

renewed. 

 (2) Emission increases authorized by 

Chapter 106 of this title at an existing 

facility covered by a flexible permit shall 

not cause an exceedance of the emissions 

cap or individual emission limitation. 

Approval.

No substantive changes 

to current SIP. Meets 

40 CFR Subpart 

51.160(a) part of the 

legally enforceable 

procedures necessary to 

protect the NAAQS or 

violation a control 

strategy. 

   
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

37 

1. Background on 30 TAC § 116.740(a). Public Notice.

Current SIP-Approved 30 TAC § 116.740(a): 

 This Section was conditionally approved into the SIP on July 14, 2014, and 

incorporated the 10/25/1999, rule submission which was officially re-submitted 

by the TCEQ on October 21, 2013. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on 

December 14, 2010, published in the Texas Register on December 31, 2010, 

and effective on January 6, 2011. 

Proposed Action: 

 Approval of the 30 TAC § 116.740(a) as adopted on December 14, 2010. 

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.740 – Public Notice Comments

Current SIP

(a) Any person who applies for a flexible 

permit or an amendment to a flexible permit 

shall comply with the provisions in Chapter 39 

of this title relating to Public Notice) 

Submitted 7/31/2014

 (a) Any person who applies for a flexible 

permit or an amendment to a flexible permit 

shall comply with the requirements provisions 

in Chapter 39 of this title relating to Public 

Notice). 

Approval 

No substantive changes 

to current SIP. The 30 

TAC §116.740(a) as 

adopted on 12/14/2010, is 

approvable. This section 

cross references the 

previously approved 

Public Participation 

provisions for the Texas 

Air Permit programs at 

Chapter 39. The Chapter 

39 rules contained in the 

July 14, 2014, conditional 

approval did not need 

reformatting. 
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

38 

1. Background on 30 TAC § 116.750. Flexible Permit Fee.

Current SIP-Approved 30 TAC § 116.750: 

 This Section was conditionally approved into the SIP on July 14, 2014, and 

incorporated the original 11/29/1994 (§ 116.750(a)), 10/4/2002 (§ 116.750(b) 

and (c)), and 9/11/2000 (§ 116.750(d)), rule submissions which were officially 

re-submitted by the TCEQ on October 21, 2013. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on 

December 14, 2010, published in the Texas Register on December 31, 2010, 

and effective on January 6, 2011. 

Proposed Action: 

 Approval of the 30 TAC § 116.750 as adopted on December 14, 2010. 

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.750 – Flexible Permit Fee Comments

Current SIP 

(a) Fees required. Any person who applies 

for a flexible permit or for an amendment to

an existing flexible permit shall remit, at the

time of application for such permit, a fee as 

set forth in subsection (b) of this section. 

Fees will not be charged for flexible permit 

alterations. 

SIP Approved Rule Re-Submitted 

7/31/2014

(a) Fees required. Any person who applies 

for a flexible permit or for an amendment to 

an existing flexible permit shall remit, at the 

time of application for such permit, a fee as 

set forth in subsection (b) of this section. 

Fees will not be charged for flexible permit 

alterations. 

Approval.

The 30 TAC §116.750(a) 

as adopted on 12/14/2010, 

is approvable and is not 

separable from other 

provisions relating to the 

Texas Flexible Permits 

Program. The minor 

source federal rules have 

no fees requirements, it is 

a more stringent provision 

and therefore protective of 

the NAAQS. 

Current SIP

(b) Fee amounts. The fee to be remitted 

with a flexible permit application shall be 

based on the total annual allowable 

emissions from the permitted facility, 

group of facilities, or account for which the 

flexible permit is being sought. The fee 

shall be $32 per ton with the minimum fee 

being $900 and the maximum fee $75,000. 

For flexible permit amendments, the fee 

shall be calculated based on $32 per ton for 

the incremental emission increase with the 

minimum fee being $900 and the 

maximum fee being $75,000. 

Submitted 7/31/2014 

(b) Fee amounts. The fee to be remitted 

with a flexible permit application shall be 

determined as set forth in §116.141 of this 

title (relating to Determination of Fees) 

based on the total annual allowable 

emissions from the permitted facility, 

group of facilities, or account for which the 

flexible permit is being sought. The fee 

shall be $32 per ton with the minimum fee 

being $900 and the maximum fee $75,000. 

For flexible permit amendments, the fee 

shall be calculated based on $32 per ton for 

the incremental emission increase with the 

minimum fee being $900 and the 

maximum fee being $75,000. 

Approval.

The 30 TAC §116.750(b) as 

adopted on 12/31/2010, is 

approvable and is not 

separable from other 

provisions relating to the 

Texas Flexible Permits 

Program. The minor source 

federal rules have no fees 

requirements, it is a more 

stringent provision and 

therefore protective of the 

NAAQS. 

Current SIP Submitted 7/31/2014 Approval. 
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits 

Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

39 

Annotation and Evaluation of 30 TAC § 116.750 – Flexible Permit Fee Comments

(c) Payment of fees. All permit fees 

for a flexible permit shall be remitted 

in the form of a check, certified check, 

electronic funds transfer, or money 

order made payable to the Texas 

Commission on Environmental 

Quality and delivered with the 

application for a flexible permit or 

flexible permit amendment to the 

commission’s New Source 

Review Permitting Division. Required fees 

must be received before the agency will 

begin examination of the application. 

(c) Payment of fees. All permit fees for a 

flexible permit shall be remitted in the 

form of a check, certified check, electronic 

funds transfer, or money order made 

payable to the Texas Commission on 

Environmental Quality and delivered with 

the application for a flexible permit or 

flexible permit amendment to the 

commission’s Air New Source Review 

Permits ting Division. Required fees must 

be received before the agency will begin 

examination of the application. 

Non-substantive changes to 

the current SIP. The 30 TAC 

§116.750(c) as adopted on 

12/31/2010, is approvable. 

Not separable from other 

provisions relating to the 

Texas Flexible Permits 

Program. The minor source 

federal rules have no fees 

requirements, it is a more 

stringent provision and 

therefore protective of the 

NAAQS. 

Current SIP

(d) Return of fees. Fees must be paid at 

the time an application for a flexible 

permit or flexible permit amendment is 

submitted. If the applicant withdraws the 

application prior to issuance of the flexible 

permit or flexible permit amendment, 

one-half of the fee will be refunded, except 

that the entire fee will be refunded for any 

such application for which a permit by rule 

under Chapter 106 of this chapter (relating 

to Permits by Rule ) is allowed. No fees 

will be refunded after a deficient 

application has been voided, denied, or 

after a flexible permit 

or flexible permit amendment has been 

issued by the agency. 

Submitted 7/31/2014

(d) Return of fees. Fees must be paid at 

the time an application for a flexible 

permit or flexible permit amendment is 

submitted. If the applicant withdraws the 

application prior to issuance of the flexible 

permit or flexible permit amendment, 

one-half of the fee will be refunded, except 

that the entire fee will be refunded for any 

such application for which a permit by rule 

under Chapter 106 of this chapter (relating 

to Permits by Rule ) is allowed. No fees 

will be refunded after a deficient 

application has been voided, denied, or 

after a flexible permit 

or flexible permit amendment has been 

issued by the agency.

Approval.

No changes to the current 

SIP. The 30 TAC 

§116.750(d) as adopted on 

12/31/2010, is approvable. 

Not separable from other 

provisions relating to the 

Texas Flexible Permits 

Program. The minor source 

federal rules have no fees 

requirements, it is a more 

stringent provision and 

therefore protective of the 

NAAQS.
TECHNICAL SUPPORT DOCUMENT 

Amendments to the New Source Review State Implementation Plan; Flexible Permits Program 

30 TAC Chapter 116 

Docket No. EPA-R06-OAR-2013-0542 

40 

1. Background on 30 TAC § 116.765. Compliance Schedule.

Current SIP-Approved 30 TAC § 116.765: 

• This section is SIP-approved. 

Revisions considered in this action: 

 A SIP amendment was submitted July 31, 2014, as adopted by TCEQ on July 2, 2014. 

Proposed Action: 

• Approval of the revisions to 30 TAC § 116.765 (a) and (b). 

2. Evaluation Matrix.

Annotation and Evaluation of 30 TAC § 116.765 – Compliance Schedule Comments

Current SIP 

(b) The compliance date is 60 days after 

publication in the Federal Register of the final 

approval by the United States Environmental 

Protection Agency of these sections as 

revisions to the Texas State Implementation 

Plan. 

(c) Until the compliance date specified by 

subsection (b) of this section, applications for 

flexible permits are governed by §§116.710, 

116.711, 116.715 - 116.718, 116.720, 116.721, 

116.730, 116.740 and 116.750 of this title, as 

they existed immediately before January 5, 

2011, and those rules are continued in effect 

for that purpose. All other sections in this 

subchapter remain applicable to applications 

for flexible permits. 

Submitted 7/31/2014

(ba) The compliance date is 60 days after 

publication in the Federal Register of the final 

approval by the United States Environmental 

Protection Agency (EPA) of all or portions of 

§§116.13, 116.710, 116.711, 116.714-116.718, 

116.720=116.722, 116.740, 116.750, 116.760, 

116.765 of this title (relating to Flexible Permit 

Definitions; Applicability; Flexible Permit 

Application; Application Review Schedule; 

General and Special Conditions; Emission 

Caps and Individual Emission Limitations; 

Implementation Schedule for Additional 

Controls; Significant Emission Increase; 

Limitation on Physical and Operational 

Changes; Amendments and Alterations; 

Distance Limitations; Public Notice and 

Comment; Flexible Permit Fee; Flexible 

Permit Renewal; and Compliance Schedule) 

submitted to the EPA of these sections as 

revisions to the Texas State Implementation 

Plan. 

(cb) Until the compliance date specified by 

subsection (a)(b) of this section, applications 

for flexible permits are governed by 

§§116.710, 116.711, 116.715 - 116.718, 

116.720, 116.721, 116.730, 116.740 and 

116.750 of this title, as they existed 

immediately before January 5, 2011, and those 

rules are continued in effect for that purpose. 

All other sections in this subchapter remain 

applicable to applications for flexible permits. 

Approval.

Not separable from 

other provisions 

relating to the 

Texas Flexible 

Permits Program.