Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

Discussion of Revisions to Chapter 116, Subchapter D - Permit Renewals

I. Introduction

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

evaluation of submitted revisions to the Texas State Implementation Plan

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

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

Pollution by Permits for New Construction or Modification, Subchapter D

- Permit Renewals. This includes SIP revisions submitted December 15,

1995; July 22, 1998; and September 4, 2002. These SIP submittals

include revisions to 30 TAC 116.310, severable portions of 30 TAC

116.311, 116.312, 116.313, 116.314, and 116.315. As discussed in

paragraphs 1-4 below, all or portions of 30 TAC 116.311, 116.312,

116.313, and 116.315, have been addressed in prior actions. This action

addresses the remaining provisions of 30 TAC 116.310, 116.311, and

116.314 that are currently pending before EPA for action, except where

otherwise stated.

1, Revisions to 30 TAC 116.310 - Notification of Permit Holder.

This action addresses non-substantive revISIons submitted

December 15, 1995, and July 22, 1998. There are no other

revisions to this section pending before EPA.

2. Revisions to 30 TAC 116.311 - Permit Renewal Application. In a

prior action published at 75 FR 11464 (March II, 2010), EPA

approved severable portions of 30 TAC 116.311. The remaining

severable portions that are addressed in this action are:

i. Revisions submitted December 15, 1995, and July 22,

1998.

a. Removal of paragraphs (a)(1), (a)(3), and (a)(4);

b. Redesignation of paragraphs (a)(2), (a)(5), and

(a)(6) to paragraphs (a)(1 )-(3), respectively;

c. Addition of new paragraphs (a)(4)-(5);

d. Addition of new subsection (b); and

e. Redesignation of existing subsection (b) to

subsection (c) with non-substantive revisions; and

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This action

and July 22,

Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

f. Redesignation and reorganization of existing

subsection (c) to subsections (d) and (e). I

ii. Revisions submitted September 4, 2002:

a. Addition of new paragraph (a)(1);

b. Redesignation of existing paragraphs (a)(1)-(5) to

paragraphs (a)(2)-(6), respectively; and

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

116.3152

Revisions to 30 TAC 116.312 - Public Notification and Comment

Procedures. EPA will address the revisions to 30 TAC 116.312

submitted December 15, 1995; July 22, 1998; and October 25,

1999; in a separate action. EPA proposed limited approval and

limited disapproval of the revisions to Texas's public participation

rules, including 30 TAC 116.312 on November 26, 2008 (73 FR

7200 I). EPA later withdrew the proposed limited approval and

limited disapproval of30 TAC 116.312 on November 12, 2010 (75

FR 68921). EPA withdrew the proposed action because the State

withdrew, revised, and re-submitted the substantial majority of the

Texas public participation rules. EPA will take action on 30 TAC

116.312 when we act on the State's public participation submittal

currently before us. There are no other currently pending revisions

to 30 TAC 116.312 that are before EPA for action.

4. Revisions to 30 TAC 116.313 - Renewal Application Fees. EPA

approved the revisions to 30 TAC 116.313 submitted December

15, 1995; July 22, 1998; October 4,2002; and September 25, 2003;

in a direct final approval of the revisions to 30 TAC 116.313 on

March 20, 2009 (74 FR 11851). There are no other currently

pending revisions to 30 TAC 116.313 that are before EPA for

action.

Revisions to 30 TAC 116.314 - Review Schedule.

addresses revisions submitted December 15, 1995,

1998. This action addresses:

i. Revisions submitted December 15, 1995: Non--substantive

revisions to subsections (a), (b), and (c);

I The redesignated and reorganized subsections (d) and (e) were moved to a new 30 TAC 116.315 in the

September 4, 2002, SIP submittal. EPA approved these revisions in a separate action on March II, 2010

(75 FR 11464).

2 EPA approved this change in a separate action on March 11, 2010 (75 FR 11464).

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Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

ii. Revisions submitted July 22, 1998:

1. The reorganization of subsection (a) into

subsections (a) and (b) and revisions thereto; and

2. The redesignation of subsections (b) and (c) to

subsections (c) and (d) respectively, and revisions

thereto.

There are no other revisions to this section pending before EPA.

6. Revisions to 30 TAC 116.315 - Pennit Renewal submittal. EPA

approved 30 TAC 116.315 submitted September 4, 2002;

September 25, 2003; and May 30, 2008; at 75 FR 11464 (March

II, 2010). There are no other currently pending revisions to 30

TAC 116.315 that are before EPA for action.

B. What is the date for taking final action on these SIP submittals? Under a

Consent Decree for a lawsuit Business Coalition for Clean Air Appeal

Group v. EPA, Case No. 3-08cvI791-G, EPA must take final action on

Pennit Renewals by October 31,2011.

II. Overview of Subchapter D of Chapter 116. Subchapter D of Chapter 116

includes the provisions relating to Permit Renewals.

A. What provisions under Subchapter D (excluding 30 TAC 116.312,

116.313, and 116.315) are currently in the approved SIP? EPA approved

the following sections under Subpart D on March 10,2006 (71 FR 12285):

Table 1. Current SIP-Approved Rules under 30 TAC Chapter 116, Subchapter D

(Excluding Pending Revisions to 30 TAC 116.312 which are Being Addressed in a

• The reVISIons submitted December 15, 1995; July 22, 1998; and September 4, 2002, resulted 10 the

removal of subsection (c) of 30 TAC 116.311 and the recodification of those provisions into 30 TAC

116.315.

I

Section - I itle State \ctions EP;\ \ctlOllS

Submitted \dopted [frectl\(' \pPr£l\ed f R Cite Effecth ('

30TAC 116.310- 8/31/1993 8/1611993 911311993 3/10/2006 71 FR 12285 51912006

Notification of Permit

Holder

30TAC 116.311-Pennit 8/31/1993 811611993 9/1311993 3110/2006 71 FR 12285 519/2006

Renewal Application 4/29/1994 _.___4L~!}22~_. __. 511411996 ---------------------- -------------_._--- ------------------- ---------------------- -------------------- 12115/1995' 11/1611995' 12/1111995' 3111/2010 75 FR 11464 5/1012010

7/22/1998' 6/1711995' 7/8/1998'

9/4/2002' 8/2112002' 9/4/2002'

30TAC 116.314- 8/3111993 8/1611993 9113/1993 3110/2006 71 FR 12285 519/2006

Review Schedule

..

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Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

B. What are the pending SIP revisions that have been submitted to EPA?

The following SIP revisions are currently pending before EPA for action.

See Table 3 below for details of what portions of these sections are

reviewed in this action.

Table 2. Summary of Pending SIP Submittals which Revised Subchapter D

(Excluding Pending Revisions to 30 TAC 116.312 which are Being Addressed in a

I

Descnption of SIP Date \dopted b.' Effedi\(' :1" SectIOns of Suhchapter D affected

Submittal Submitted to StHte State Rule

EP\

Permit Renewals 12/15/1995' 1111611995' _!_?!JJ!l?JJ_~_ 30 TAC 116.310, 116.311, & -------------------------------------------- -------------------------- ------------------------- NSR Rule Revisions; 7/22/1998' 611711998' 7/08/1998' 116.314

§I 12(g) Rule Review for

Chapter 116

Shipyard Faeilities and NSR 9/4/2002 0812112002 9112/2002 30TAC 116.311

Maintenance Emissions

, Because Texas repealed and resubmItted each section under Subchapter D III Its July 22, 1998, SIP

submittal, our analysis includes December 15,1995 and July 22,1998, SIP submittals together.

Table 3. Summary of the Individual Regulations which relate to Subchapter D since

Approval of the Current SIP Approval of Subchapter D (Excluding Pending , I - SectIOn M r.tle Date Hopted b~ EffectlH as ( omments

Submitted to State State Rule

EP~

30TAC 116.310- 1211511995' 11116/1995' . 1211111995' Non-substantive changes to the

Notification of 7/2211998' 6117/1998' 7/8/1998' section.

Permit Holder

30TAC 116.311- 12/15/1995' 1111611995' 12/1111995' Removed paragraph (a)(I), (a)(3),

Permit Renewal 7/2211998' 611711998' 7/8/1998' and (a)(4), and renumb.ered

Application existing paragraphs (a)(2), (5),

& (6) to paragraphs (a)(I)-(3);

New paragraphs (a)(4)-(5);

New Subsection (b);

Renamed existing subsection (b) to

new subsection (e) with

nonsubstantive revisions; and

Recodified and reorganized

existing subsection (e) as new

subsections (d) and (e),"

9/4/2002 8/2112002 9112/2002 New paragraph (a)(I) &

renumbered existing

paragraphs (a)(I)-(5) to

paragraphs (a)(2)-(6)

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Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

Section _ rille Date \dopted by Effe-ctne as (omments

SubmItted to State State Rule

EP\

30TAC 116.314-

Review Schedule

1211511995'

7/2211998'

llil6/1995'

611711998'

12/1111995* Reorganized subsection (a) into

71811998' subsections (a) and (b) with

non-substantive revisions;

Re-designated existing subsections

(b) and (c) to subsections (c)

and (d) with revisions,

, Because Texas repealed and resubmitted each section under Subchapter D in its July 22, 1998, SIP

submittal, our analysis includes December 15, 1995 and July 22,1998, SIP submittals together.

.. The recodification and reorganization of existing 30 TAC 116.31 I(c) as 30 TAC 116.311 (d) and (e) in

the December 15, 1995, submittal and the subsequent recodification 000 TAC 116.311(d) and (e) into a

new 30 TAC 116.315 was separately approved on March 11, 2010.

C. How is the evaluation ofthese rules organized in this document?

1. The Appendix to this document is a detailed evaluation of each

rule concerning whether it meets, or does not meet, applicable

Federal requirements. It includes an underline/strikeem annotation

of the submitted rules which show how the rule is changed and a

detailed evaluation of whether the rule meets the requirements for

SIP approval under 40 CFR part 51 and the Act.

2. Specific provisions ofthe submitted rules that require greater detail

than what is feasible in the Appendix are evaluated in section III of

this document. Section III includes a detailed discussion of

specific provisions that relate to specific issues that require

extensive discussion concerning whether they meet applicable

requirements for SIP approval.

3. Each rule is reviewed for compliance with the requirements of the

Clean Air Act (Act) and 40 CFR part 51 - Requirements for

Preparation, Adoption, and Submittal of Implementation Plans.

These requirements include, but are not limited to, the following:

i. §11O(a)(2)(C) ofthe Act which provides·

(C) include a program to provide for the

enforcement of the measures described 10

subparagraph (A), and regulation of the

modification and construction of any stationary

sources within the covered by the plan as necessary

to assure that national ambient air quality standards

are achieved, including a permit program as

required in parts C and D;

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Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

ii. §110(1) ofthe Act which provides:

(I) Plan Revisions. - Each reVISIOn to an

implementation plan submitted by a State under this

Act shall be adopted by such State after reasonable

notice and public hearing. The Administrator shall

not approve a revision of a plan if the revision

would interfere with any applicable requirement

concerning attainment and reasonable further

progress (as defined in section 171), or any other

applicable requirement ofthis Act.

iii. 40 CFR 51. 160(a)-(b) which provides:

(a) Each plan must set forth legally enforceable

procedures that enable the State or local agency to

determine whether the construction or modification

of a facility, building, structure or installation,

combination ofthese will result in -

(I) A violation of applicable portions of the

control strategy; or

(2) Interference with attainment or

maintenance of a national standard in the State in

which the proposed source (or modification) is

located or in a neighboring State.

(b) Such procedures must include means by

which the State or local agency responsible for final

decisionmaking on an application for approval to

construct or modify will prevent such construction

or modification if-

(I) It will result in a violation of applicable

portions ofthe control strategy; or

(2) It will interfere with the attainment or

maintenance of a national standard.

iv Other applicable requirements ofthe Act and 40 CFR part

51 will be identified in the evaluation where appropriate.

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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

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

As discussed in section II.C.3 above, the following provisions were subject to

substantive revision, or removal. In this section, we have included a detailed

evaluation ofthese rules.

A. Addition of new 30 TAC 116.3IlCa)(l)

I. Background.

i. Current SIP. This provision is not in the current SIP.

ii. Submitted Revision. Texas submitted paragraph (a)(l) on

September 4, 2002. This paragraph was adopted by TCEQ

on August 21, 2002, and became effective as a state rule on

September 4, 2002. The submitted paragraph states:

(]) dockside vessel emissions associated

with the facility will comply with all rules and

regulations ofthe commission and with the intent of

the TCAA, including protection of the health and

property of the public and minimization of

emissions to the extent possible, consistent with

good air pollution practices.

iii. Evaluation ofparagraph (a)(l).

a. This paragraph ensures that upon renewal,

"dockside vessel emissions associated with the

permitted facility will comply with all rules and

regulations ofthe commission and with the intent of

the TCAA, including protection of the health and

property of the public and minimization of

emissions to the extent possible, consistent with

good air pollution practices."

b. This revision is consistent with the provision in the

SIP-approved 30 TAC 116.III(a)(2) as it relates to

associated dockside vessel emissions. See 72 FR

49198 (August 28, 2007). The TCEQ obtained the

authority to regulate dockside emissions under

House Bill (HB) 3040, 77th Legislature, 2001

which amended the Texas Health and Safety Code

(THSC), Texas Clean Air Act (TCAA), §382.065

(Acts 200 I, 77th Legislature, Chapter 1166, §I).

See page 2 of the TCEQ's evaluation of the

revisions submitted September 4, 2002. The TCEQ

further states:

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Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

The commission detennined that dockside

vessels are facilities as defined in TCAA,

§382.003(6), and thus subject to the

requirements ofChapter 116. These

emissions will require best available control

technology (BACT) review, maximum

allowable emission limitations, monitoring,

testing, recordkeeping, and ambient air

impacts review. The emissions originating

from a dockside vessel that are the result of

functions perfonned by onshore facilities or

using onshore equipment include: loading

and unloading of liquid bulk materials,

liquified gaseous materials, and solid bulk

materials; cleaning and degassing liquid

vessel compartments; and abrasive blasting

and painting."

See page 4 ofthe TCEQ's evaluation ofthe

revisions submitted September 4, 2002.

c. Finally, concerning the revision to 30 TAC

116.311, the TCEQ states:

The adopted amendment to §116.311,

Pennit Renewal Application, requires that

owners or operators submit infonnation that

demonstrates that dockside emissions

comply with all commission rules and

regulations and the intent ofthe TCAA,

including protection ofthe health and

property ofthe public and the minimization

of emissions to the extent practicable,

consistent with good air pollution control

practices. Existing dockside emissions will

be reviewed for off-property effects

considering magnitude, frequency, and

duration.

See page 4 of the TCEQ's evaluation of the

revisions submitted September 4, 2002. The

addition of new paragraph (a)(I) ensures that

pennits to construct and pennit renewals that pre8
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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

date TCEQ's rule change to regulate dockside

emissions at 30 TAC 116.111(a)(2) are required at

renewal to ensure all dockside emissions comply

with the statute and regulations.

d. Accordingly, we propose to approve the addition of

paragraph (a)(I), submitted September 4, 2002.

B. Submitted removal of 30 TAC 116.311 (a)(I)

1. Background.

i. Current SIP. EPA approved 30 TAC 116.311(a)(I) as

adopted by TNRCC April 6, 1994, effective May 4, 1994.

This paragraph was approved on March 10, 2006 (71 FR

12285); effective May 9, 2006. As currently approved, 30

TAC 116.311 (a)(I) reads as follows:

(I) The emissions from the facility comply

with all applicable specifications and requirements

in the Texas Air Control Board (TACB) rules and

the Texas Clean Air Act (TCAA).

ii. Submitted revisions. On December 15, 1995, TNRCCI

submitted a revision to 30 TAC 116.311, adopted

November 16, 1995, effective December 11, 1995. OnJuly

22, 1998, TNRCC submitted a SIP revision that repealed

and resubmitted 30 TAC 116.311, adopted June 17, 1998,

effective July 8, 1998. In these SIP revisions, the existing

provisions of30 TAC 116.311(a)(I) were removed.

2. Issues related to Submitted Revision

i. Paragraph (a)(I) of the current SIP provides that upon

renewal the emissions from the facility will comply with all

applicable specifications and requirements in the Texas Air

Control Board (TACB)2 rules and the Texas Clean Air Act

(TCAA). Texas submitted the removal of existing

paragraph (a)(I) on December 15,1995, and July 22,1998.

I The Texas Natural Resource Conservation Commission (TNRCC) is a predecessor agency to the TCEQ.

2 The TACH is a predecessor agency to the TCEQ.

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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

ii. EPA believes this provision is redundant because SIP

already contains the substantive requirement at 30 TAC

116.115(b)(2)(H)(ii) requiring that

[i]f more than one state or federal regulation or

permit condition are applicable, the most stringent

limit or condition shall govern and be the standard

by which compliance shall be demonstrated.

iii. There also is the SIP rule providing TCEQ with the

authority to re-evaluate a source's ability to comply with

the statute and regulations at renewal, as provided in the

existing SIP rule at 30 TAC 116.311 (b), which is recodified

to 30 TAC 116.311 (c) in this proposal.

iv. Because the proposed removal of this paragraph merely is

the removal of a redundant requirement, it is not a

relaxation of the SIP. Therefore, approval of this revision

will not interfere with attainment and reasonable further

progress or any other applicable federal requirement, as

required by section 110(1) ofthe CAA.

v. Conclusions and recommendations: Accordingly, we

propose to approve the removal of existing paragraph

(a)(I), submitted December IS, 1995, and July 22,1998.

C. Submitted revisions to 30 TAC 116.31I(a)(2).

I. Background.

i. Current SIP. EPA approved 30 TAC 116.311(a)(2) as

adopted by TNRCC April 6, 1994, effective May 4, 1994.

This paragraph was approved on March 10, 2006 (71 FR

12285); effective May 9, 2006. As currently approved, 30

TAC 116.311 (a)(2) reads as follows:

(2) the facility is being operated in accordance with

all requirements and conditions of the existing permit,

including representations in the application for permit

to construct and subsequent amendments, and any

previously granted renewal.

ii. Submitted revisions:

a. On December IS, 1995, TNRCC submitted a

revision to 30 TAC 116.311, adopted November 16,

1995, effective December II, 1995. On July 22,

1998, TNRCC submitted a SIP revision that

repealed and resubmitted 30 TAC 116.311, adopted

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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter II6 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

June 17, 1998, effective July 8, 1998. As

submitted, 30 TAC 116.3II(a)(2) was redesignated

to 30 TAC 116.311(a)(I) and revised to read as

follows:

ill R1 the facility is being operated in

accordance with all requirements and conditions

of the existing permit, including representations

in the application for permit to construct and

subsequent amendments, and any previously

granted renewal, unless otherwise authorized for

a qualified facility.

b. On September 4, 2002, TNRCC submitted a

revision to 30 TAC 116.311, adopted August 21,

2002, effective September 12, 2002. In this

revision, 30 TAC 116.311(a)(I) was redesignated to

30 TAC 116.311 (a)(2) with no other changes.

2. Issues Related to Submitted Revision.

i. This paragraph, was approved in the current SIP as

paragraph (a)(2) in our March 2006, action. It requires that

upon renewal, the facility must continue to be operated in

accordance with all requirements and conditions of the

existing permit, including representations in the application

for permit to construct and subsequent amendments, and

any previously granted renewal. This paragraph ensures

that any permit upon renewal must continue to meet the

requirements of 30 TAC 116.111(a)(2) in the current SIP

which includes the requirements that must be met to for a

applicant to receive a preconstruction permit.

ii. The revisions submitted December IS, 1995, and July 22,

1998, added a provision that excludes a Qualified Facility

from the requirements of paragraph (a)(2). The revised

paragraph allows a change that was authorized for a

Qualified Facility to be excluded from the requirement that

upon renewal, the facility must continue to be operated in

accordance with all requirements and conditions of the

existing permit, including representations in the application

for permit to construct and subsequent amendments, and

any previously granted renewal.

iii. On April 14, 20 I0 (75 FR 19468), EPA disapproved Texas'

rules relating to Qualified Facilities.

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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

iv. The revision to 30 TAC lI6.3ll(a)(2) that excludes

changes authorized under the Qualified Facilities Program

is severable from the remainder of paragraph (2) which is

currently SIP-approved and continues to meet all applicable

federal requirements. The new text, which excludes

Qualified Facilities from the requirements of paragraph

(a)(2), can be separated from the remaining text in

paragraph (a)(2), which is currently in the SIP. This means

that the implementation and enforcement of the current

SIP-approved text is not dependent on approval of the

revised text that excludes Qualified Facilities from

complying with its existing permit. Therefore, the

submitted revision to paragraph (a)(2) can be addressed in a

separate action independent of the remainder of the

submitted revisions.

v. Conclusions and recommendations regarding the submitted

revisions to 30 TAC 116.311(a)(2).

a. The submitted revision to 30 TAC lI6.3Il(a)(2)

that would exclude changes at Qualified Facilities

from the requirement to comply with the existing

permit are severable from the remaining SIPapproved provisions of 30 TAC I16.3 11 (a)(2) and

the remaining provisions relating to Permit

Renewals.

b. Accordingly, in this action we propose to take no

action on the submitted severable revisions to 30

TAC 116.31 I(a)(2) that relate to Qualified

Facilities. We will address these revisions in a

separate action on the submitted revisions to the

Qualified Facilities Program, submitted October 5,

2010.

vi. Conclusions and recommendations regarding the existing

SIP-approved provisions of30 TAC 116. 311 (a)(2).

a. The remaining provisions of 30 TAC 116.31 I(a)(2)

are identical to the SIP-approved provisions in that

section.

b. They are severable from the submitted revisions

which excluded changes authorized under the

Qualified Facilities Program.

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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

c. The existing provisions continue to meet the

applicable requirements of 40 CFR part 51 and the

CAA; and do not interfere with any applicable

requirement concerning attainment and reasonable

further progress, or any other applicable

requirement ofthe Act.

d. Accordingly, we propose to retain the currently

approved provisions of 30 TAC 116.311(a)(2) as

adopted by the State on April 6, 1994, and approved

March 10, 2006.

D. Removal of30 TAC 116.31ICa)(3).

I. Background.

i. Current SIP. EPA approved 30 TAC 116.3II(a)(3) as

adopted by TNRCC April 6, 1994, effective May 4, 1994.

This was approved on March 10, 2006 (71 FR 12285);

effective May 9, 2006. As currently approved, 30 TAC

116.3II(a)(3) reads as follows:

(3) The facility has appropriate means to

measure the emission of significant air

contaminants as determined to be necessary by the

Executive Director.

ii. Submitted Revision. On December 15, 1995, TNRCC

submitted a revision to 30 TAC 116.311, adopted

November 16, 1995, effective December II, 1995. On July

22, 1998, TNRCC submitted a SIP revision that repealed

and resubmitted 30 TAC 116.311, adopted June 17, 1998,

effective July 8, 1998. In these SIP revisions, the existing

provisions of30 TAC 116.311(a)(3) were removed.

2. Evaluation ofthe removal of paragraph (a)(3)

i. Paragraph (a)(3) required that upon renewal the facility will

continue to have appropriate means to measure the

emission of significant air contaminants as determined

necessary by the Executive Director. Texas submitted the

removal of paragraph (a)(3) on December 15, 1995, and

July 22, 1998.

ii. In its December 15,1995 submittal Texas stated:

Existing §116.311 (a)(3) also duplicates a

requirement applicable to the original permit

application. An applicant for a permit to construct

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Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D- Permit Renewals

must demonstrate that a facility will have provisions

for measuring the emissions ofsignificant air

contaminants, including the installation ofsampling

ports and sampling platforms. When necessary,

such requirements are written as conditions ofthe

permit. The renewal review will determine whether

a facility is in compliance with any sampling

requirements in its permit. [AJn owner/operator

could not remove sampling ports or platforms in

violation of permit conditions.

Further, 30 TAC §101.9 provides

independent authority for the TNRCC to require

sampling ports and platforms when necessary. The

existing §I 16.31 I(a)(3) was redundant and

unnecessary.

See the December IS, 1995, SIP submittal at page 5 of the

Section entitled "Evaluation of Testimony."

iii. EPA believes this provision is redundant because the SIP

already contains the substantive requirement in the rules at

30 TAC 101.9 and 30 TAC 116.11 I(a)(2)(B). These two

SIP rules require the following:

Any person, at the request of the Texas

Natural Resource Conservation Commission

(TNRCC or Commission), shall provide in

connection with each flue a power source near the

point of testing in addition to such sampling and

testing facilities and sampling ports, including safe

and easy access thereto, exclusive of instruments

and sensing devices, as may be necessary for the

Commission to determine the nature and quality of

emissions which are or may be discharged as a

result of source operations. Evidence and data

based on these samples and calculations may be

used to substantiate violations ofthe Act, rules, and

regulations. Agents of the Commission shall be

permitted to sample the stacks during operating

hours.

30 TAC 101.9

(B) Measurement of emiSSIOns. The

proposed facility will have provisions for measuring

14
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

the emission of significant air contaminants as

determined by the executive director. This may

include the installation of sampling ports on exhaust

stacks and construction of sampling platforms in

accordance with guidelines in the "Texas Natural

Resource Conservation Commission (TNRCC)

Sampling Procedures Manual."

30 TAC 116.111(a)(2)(B).

iv. Because the proposed removal of this paragraph merely is

the removal of a redundant requirement, it is not a

relaxation of the SIP. Therefore, approval of this revision

will not interfere with attainment and reasonable further

progress or any other applicable federal requirement, as

required by section 110(1) ofthe CAA.

v. Accordingly, we propose to approve the removal of

existing paragraph (a)(3), submitted December 15, 1995,

and July 22, 1998.

E. Removal of30 TAC 116.311(a)(4).

1. Background.

i. Current SIP. EPA approved 30 TAC 116.311(a)(4) as

adopted by TNRCC April 6, 1994, effective May 4, 1994.

This was approved on March 10, 2006 (71 FR 12285);

effective May 9, 2006. As currently approved, 30 TAC

116.311(a)(4) reads as follows:

(4) The facility uses that control technology

determined by the Executive Director to be

economically reasonable and technically practicable

considering the age of the facility and the impact of

its emissions on the surrounding area.

ii. Submitted Revision. On December 15, 1995, TNRCC

submitted a revision to 30 TAC 116.311, adopted

November 16, 1995, effective December 11,1995. On July

22, 1998, TNRCC submitted a SIP revision that repealed

and resubmitted 30 TAC 116.311 adopted June 17, 1998,

effective July 8, 1998. In these SIP revisions, the existing

provisions of 30 TAC 116.311(a)(4) were removed.

2. Evaluation ofthe removal of paragraph (a)(4)

i. Paragraph (a)(4) provided that upon renewal the facility

will continue to use control technology determined by the

15
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subehapter D - Permit Renewals

Executive Director to be economically reasonable and

technically practicable considering the age of the facility

and the impact of its emissions on the surrounding area.

ii. This paragraph is similar to the requirement for the original

preconstruction permit in the approved SIP at 30 TAC

116.11 I(a)(2)(C) which requires:

(C) Best available control technology

(BACT). The proposed facility will utilize BACT,

with consideration given to technical practicability

and economic reasonableness of reducing or

eliminating the emissions from the facility.

The emphasized text highlights similarities between the

requirements of the former 30 TAC 116.311(a)(4) and the

current SIP requirement under 30 TAC 116.111 (a)(2)(C).

iii. EPA believes that this provision is redundant because the

SIP already provides for this substantive requirement at 30

TAC 116.311(a)(2)and30TAC 116.1 I I(a)(2)(C).

IV. Section 30 TAC I 16.31 1(a)(2) provides that upon renewal,

the facility is being operated in accordance with all

requirements and conditions of the existing permit,

including representations in the application for permits to

construct and subsequent amendments, and any previously

granted renewal. Therefore, the SIP-approved

requirements 30 TAC 116.311(a)(2) require that upon

renewal, a facility will continue to meet the requirements of

30 TAC I 16.1 11(a)(2)(C). This SIP rule requires that a

proposed facility will utilize Best Available Control

Technology (BACT), with consideration given to technical

practicability and economic reasonableness of reducing or

eliminating the emissions from the facility.

v. Because the proposed removal of paragraph (a)(4) merely

is the removal of a redundant requirement, it is not a

relaxation of the SIP. Therefore, approval of the removal

ono TAC 116.311(a)(4) will not interfere with attainment

and reasonable further progress or any other applicable

federal requirement, as required by section 11 0(1) of the

CAA.

vi. The removal of paragraph (a)(4) also removes a provision

that allows director discretion relating to the control

16
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

technology that could be utilized at a facility following

renewal.

vii. Further, the TCEQ maintains the authority to impose, as a

condition of renewal, additional requirements that it

determines to be economically reasonable and technically

practicable considering the age of the facility and the

impact of its emissions on the surrounding area, as

provided in the submitted revisions related to 30 TAC

116.311(b) (which is evaluated in section III.B.3.i of this

preamble).

viii. Because the proposed removal of this paragraph merely is

the removal of a redundant requirement, it is not a

relaxation of the SIP. Therefore, approval of this revision

will not interfere with attainment and reasonable further

progress or any other applicable federal requirement, as

required by section 110(1) ofthe CAA.

ix. Accordingly, we propose to approve the removal of

existing paragraph (a)(4), submitted December 15, 1995,

and July 22, 1998.

F. Submitted revisions to 30 TAC 116.31I(b).

I. Background.

i. Current SIP. 30 TAC 116.311 (b) is not currently SIPapproved.

ii. Submitted Revision. Texas initially adopted subsection (b)

on November 16, 1995, effective December II, 1995,

submitted on December 15, 1995. On June 17, 1998, Texas

repealed and readopted 30 TAC 116.311, including

subsection (b), submitted July 22, 1998. As submitted July

22, 1998, subsection (b) reads as follows:

(b) In addition to the requirements in

subsection (a) of this section, if the commission

determines it necessary to avoid a condition of air

pollution or to ensure compliance with otherwise

applicable federal or state air quality control

requirements, then:

(I) the applicant may be required to submit

additional information regarding the emissions from

the facility and their impacts on the surrounding

area; and

17
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

(2) the commission shall impose as a

condition for renewal those requirements the

executive director determines to be economically

reasonable and technically practicable considering

the age of the facility and the impact of its

emissions on the surrounding area.

2. Evaluation ofsubsection (b).

i. Subsection (b) provides the Executive Director of the

TCEQ with authority to require additionalinformation and

to require additional requirements above and beyond the

requirements stipulated in 30 TAC 116.311(a) whenever

the Executive Director deems such additional measures are

necessary.

ii. EPA has already approved 30 TAC 116.311(a) (as adopted

by TNRCC April 6, 1994, effective May 4, 1994) as

meeting the requirements ofthe Act and 40 CFR part 51.

iii. Because the requirements in 30 TAC 116.311(b) are "[i]n

addition to the requirements in subsection (a) of this

section," and because EPA has approved subsection (a),

subsection (b) can only be used to impose additional

measures when the Executive Director deems them

necessary, 30 TAC 116.311(b) does not authorize the

Executive Director to use the permit renewal process to

relax terms and conditions of the existing permit. Such

relaxations of the existing permit must be authorized

through the SIP-approved procedures for changing a permit

under 30 TAC 116, Subchapter B - New Source Review

Permits.3 Because 30 TAC 116.311(b) allows additional

measures whenever the Commission determines it

necessary to avoid a condition of air pollution or to ensure

compliance with otherwise applicable federal or state air

quality control requirements, and because it does authorize

the relaxation of the existing permit, this provision serves

to improve the SIP.

iv. Further, the addition of subparagraph (b) provides a

mechanism to ensure that upon renewal, the permit

3 Also see the SIP approved rule at 30 TAC 116.315(c) which provides that a renewal application may be

submitted at the same time as an amendment application to modify an existing facility as long as it is

submitted no more than three years before the pennit's expiration date. 30 TAC 116.315(c) provides that

when an applicant submits simultaneous applications for renewals and amendment, the amendment is

processed independently under the requirements of30 TAC Chapter 116, Subchapter B.

18
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

continues to meet the approved SIP requirements at 30

TAC 116.III(a)(2)(A)(l) which requires the initial permit

must "comply with all rules and regulations of the

commission and with the intent of the TCAA, including

protection of the health and property of the public." The

addition of subsection (b) provides TCEQ with a

mechanism to impose additional requirements at renewal

when TCEQ deems it necessary to address changes in air

quality or changes to applicable federal and state

requirements that may occur after issuance of the initial

permit. We therefore find that the submitted revision to

add subsection (b) to 30 TAC 116.311 meets section

110(a)(2)(C) of the Act and 40 CFR part 51; and does not

interfere with any applicable requirement concerning

attainment and reasonable further progress, or any other

applicable requirement ofthe Act.

v. In conclusion, the submitted revision to add new 30 TAC

116.311(b) improves the current SIP; meets §110(a)(2)(C)

of the Act and 40 CFR part 51; and does not interfere with

any applicable requirement concerning attainment and

reasonable further progress, or any other applicable

requirement ofthe Act.

G. Submitted revisions relating to 30 TAC 116.314(c)

I. Background.

i. Current SIP. EPA approved this as 30 TAC 116.314(b) as

adopted by TACB August 16, 1993, effective September

13, 1993. This section was approved on March 10, 2006

(71 FR 12285); effective May 9, 2006. As currently

approved, 30 TAC 116.315(b) reads as follows:

(b) Contested case hearing. In the event that the

permit holder fails to satisfy the TACB requirements

for corrective action by the deadline specified in the

TACB report, the applicant shall be required to show

cause in a contested case proceeding why the permit

should not expire. The proceeding will be pursuant to

the requirements of the Administrative Procedure and

Texas Register Act, Article 6252-13a, V.T.C.S.

ii. Submitted Revision. On December 15, 1995, TNRCC

submitted a revision to 30 TAC 116.314, adopted

November 16, 1995, effective December II, 1995. On July

19
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

22, 1998, TNRCC submitted a SIP revision that repealed

and resubmitted 30 TAC 116.311 adopted June 17, 1998,

effective July 8,1998. As submitted, 30 TAC 116.3II(b)

was redesignated to 30 TAC 116.314(c) and revised to read

as follows:

l£l Contested case hearing. After failure lH-the

eveRt that the fleffilit he leer fails to satisfY the

commission TACB requirements for corrective action

by the deadline specified in the executive director's

TACB report, the applicant shall be reEJHiree te show

cause in a contested case proceeding why the permit

should not expire. The proceeding will be conducted

under the APA and Chapter I. 55, and 80 of this title

(relating to Purpose of Rules, General Provisions;

Request for Contested Case Hearings; Public Comment;

and Contested Case Hearings) flHrsH!IIlt te the

reEJHiremeRts ef the Aeministrative PreeeeHfe !IIle

Tella5 R~gister >'ret, A-rtiele 6252 13a, V.T.C.8.

2. Issues Related to Submitted Revision.

i. The submitted revision to 30 TAC 116.314(c) includes

specific cross-references to 30 TAC Chapters I, 55, and 80

which relate to Purpose of Rules, General Provisions;

Request for Contested Case Hearings; Public Comment;

and Contested Case Hearings. Chapters I, 55, and 80 are

not approved into the SIP.

ii. In contrast, the current SIP refers to the Contested Case

Hearing Process without cross references to specific rules

relating to Contested Case Hearings.

iii. The revision provides references to the specific rules

relating to Contested Case Hearings but do not make

substantive changes to the requirements ofthe existing SIP.

iv. In addition, there is no specific provision in the Act or in 40

CFR part 51 which requires a State to implement a

Contested Case Hearing Process. Texas's use of the

Contest Hearing Process serves to improve the SIP.

v. Finally, there is no pending SIP revision before EPA to

take action on TCEQ's program for Contested Case

Hearings.

vi. The submitted revision to 30 TAC 116.314(c) meets

§110(a)(2)(C) of the Act and 40 CFR part 51; and does not

20
Technical Support Document

Revisions to Texas State Implementation Plan Relating to Permit Renewals

Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

interfere with any applicable requirement concerning

attainment and reasonable further progress, or any other

applicable requirement ofthe Act.

vii. Accordingly, we are approving the revisions to 30 TAC

116.314(c) submitted December 15, 1995, and July 22,

1998.

21
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.31O, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

Below is EPA's evaluation of each of§116.310, 116.311, and 116.314. The evaluation

of each section consists ofthe following:

I. Background. This includes a history of the current SIP and each revision that

was submitted to EPA for SIP approval.

II. Evaluation matrix. This is a table which includes the text of the SIP-approve

rule, the text of each submitted SIP revision, and an annotation of the changes of

each SIP revision. The revise text is annotated as follows:

• new text is underlined and

• deleted text is stmek elft.

The right hand column includes any discussion and evaluation. Any extended

comments are included as "additional comments" which follows the matrix.

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

submitted rule requires greater detail that what is feasible in this Appendix, the

right hand column includes a reference to Section III in the main TSD. Section III

includes a detailed discussion that relates to specific issues that need extensive

evaluation whether a submitted rule meets the applicable requirements for SIP

approval.
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

Evaluation of Revisions to 30 TAC 116.310 - Notification Of Permit Holder

I. Background of 30 TAC 116.310

A. Current SIP. This section is currently SIP-approved. The current SIP was

approved March 10, 2006 (71 FR 12285); effective May 9, 2006; as

adopted by TACB August 16, 1993, effective September 13, 1993.

B. Pending SIP Revisions Reviewed in this Action.

L December 15. 1995, SIP Revision. Texas submitted nonsubstantive changes adopted November 16, 1995, effective

December 11,1995.

2. July 22, 1998, SIP Revision. Texas submitted non-substantive

changes adopted June 17, 1998, effective July 8, 1998. Because

Texas repealed and resubmitted each section under Subchapter D

in its July 22, 1998, SIP revisions, our analysis includes the

December 15, 1995, and July 22, 1998, revisions together.

I
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

II. Evaluation Matrix for 30 TAC 116.310.

30 TAC 116.310- Notification of Permit Holder Comments

Current SIP - Approved 3/10/2006

The Texas Air Control Board

(TACB) shall provide written notice

to the holder of a permit that the

permit is scheduled for review. Such

notice will be provided by certified or

registered U;S. Mail no less than 180

days prior to the expiration ofthe

permit. The notice shall specify the

procedure for filing an application for

review and the information to be

included in the application. The

application shall be completed by the

holder ofthe permit andretumed to

the TACBwithin 90 da.ysofreceipt

of the notice. Pursuant to Chapter

691, House Bill 1393(72"'

Legislature, Regular Session), the

TACB shall exempt a holder of a

permit from any increased fee or

other penalty for failure to renew the

permit ifthe individual establishes, to

the satisfaction ofthe TACB, that.the

failure to renew in a timely manner

occurred because the individual was

on active duty in the U.S. Armed

Forces serving outside the State of

Texas.

.

Rev submitted 12115/1995 and

7/22/1998

The executive director Telfas Air

Centre I Beard (TAGB) shall provide

written notice to the holder of a pennit

that the permit is scheduled for review.

Such notice must will be provided by

certified or registered U.S. Mail no less

than 180 days prior to the expiration of

the permit. The notice must siIaII

specify the procedure for filing an

application for review and the

infonnation to be included in the

application. The applicatien sRall be

cempleled by IRe Reider eflRe permil

and relumed te tile TACB witRin 90

days e[receipl eflRe nelice. Under

Texas Civil Statutes, Article 9027. the

commission Pursuanlle CRapler 691,

lIeuse Bill 1393 (72"" Legislature,

Regular gessien), IRe TAGB shall

exempt a holder of a permit from any

increased fee or other penalty for

failure to renew the permit if the

individual establishes, to the

satisfaclion ofthe TNRCC TACB, that

the failure to renew in a timely manner

occurred because the individual was on

active duty in the U.S. Armed Forces

serving outside the State ofTexas.

2

Revised.

All changes are 000-

substantive and meet

the requirements of

40 CFR part 51 and

the CAA.
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4,2002.

Evaluation of Revisions to 30 TAC 116.311 - Permit Renewal Application

I. Background ono TAC 116.311.

A. Current SIP. This section is currently SIP-approved. The current SIP was

approved March 11,2010 (75 FR 11464); effective May 10,2010; as

adopted by TNRCC April 6, 1994, effective May 4, 1994. 1

B. Submitted SIP Revisions to 30 TAC 116.311 Reviewed in this Action.

1, December 15, 1995, and July 22, 1998, SIP Revisions. On

December 15, 1995, Texas submitted changes (adopted November

16, 1995, effective December 11, 1995). On July 22, 1998, Texas

submitted changes (adopted June 17, 1998, effective July 8, 1998)

that repealed and readopted 30 TAC 116.311 and made nonsubstantive changes to the revisions submitted December 1995.

Accordingly, our analysis includes the, revisions together. In this

action, we are addressing the following revisions to 30 TAC

116.311 submitted December 15, 1995, and July 22,19982

:

i. Removal of paragraphs (a)(l), (3), and (4); and

redesignation of existing paragraphs (a)(2), (5), and (6) to

paragraphs (a)(l)-(3);

ii. Addition of new paragraphs (a)(4)-(5);

iii. Addition of new subsection (b) and redesignation and

reorganization of existing subsection (b) into new

subsections (c) and (d).

I The SIP currently includes the revisions to 30 TAC 116.311 that EPA approved on March 11,2010 (75

FR 11464); effective May 10,2010. The March 2010 action approved the following revisions to 30 TAC

116.311:

• SIP revisions adopted by TNRCC on November 16, 1995, submitted December 15, 1995; and

Revisions adopted by TNRCC on June 17, 1998, submitted July 22, 1998. This revision

redesignated and reorganized the SIP-approved subsection (c) to new subsections (d) and (e).

• SIP revision adopted by TNRCC on August 21, 2002, submitted to September 4, 2002. This

revisions removed subsections (d) and (e) from 30 TAC 116.311 and recodified these provisions

into a new 30 TAC 116.315.

The March 11,2010, action approved the redesignation and re-organization of 30 TAC 116.311(c) to 30

TAC 116.3II(d) and (e) (submitted December 15, 1995; and July 22, 1998) and the subsequent

recodification 000 TAC 116(d) and (e) into a new 30 TAC 116.315.

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

3
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

2. September 4. 2002. SIP Revision. Texas submitted changes

adopted August 21, 2002, effective September 12, 2002. This SIP

submittal includes the following changes3

;

i. Addition of new paragraph (a)(I); and

ii. Redesignation of eXIsting paragraphs (a)(I)-(5) to

paragraphs (a)(2)-(6).

II. Evaluation Matrix of 30 TAC 116.311

30 TAC 116.311- Permit Renewal Ap Iication Comments

Current SfP- Approved3/10/2006 No change.

(a) In order to be granted a permit renewal, the owner or operator ofthe facility The introductory

shall SUbmit, information in support ofthe application which demonstrates that: paragraph (a)

continues to meet

the requirements

of 40 CFR part 51

and the CAA

Rev submitted 9/4/2002 New paragraph.

Cll dockside vessel emissions associated with the facility will comply with all See section lILA in

rules and regulations ofthe commission and with the intent ofthe TCAA. the TSD for

including protection ofthe health and property ofthe public and minimization of further discussion

emissions to the extent possible. consistent with good air pollution practices. and evaluation of

this new

paragraph (a)( I).

EPA proposes to

approve this

provision.

Current SIP- Approved 3/10/2006 Rev submitted 1l/15/1995 and Removed.

(1) The emissions from the 7/22/1998 See section Ill.B in

facility comply with all applicable (I) The emissiaRs fram the fa.ility the TSD for

specifications and requirements in the .8111ply with all appli.a"le spe.iFi.atiaRs further discussion

Texas Air Control Board (TACB) anel reEtl:lirements in tne TeJI:8S Air and evaluation of

rules and the Texas Clean Air Act CaRtral Baara (TACB) rHles aRa the the removal ofthe

(TCAA). Te"as CleaR Air A.t (TCAA). existnng

paragraph (a)(I).

EPA proposes to

approve the

removal of this

provision.

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

11464).

4
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

30 TAC 116.311- Permit Renewal Ap lication Comments

Current SIP- Rev submitted 12/15/1995, Rev submitted 9/4/2002 Revised.

Approved 3/10/2006 and 7/22/1998 ill EB the facility is See section lIl.e in

(2) the facility is ill the facility is being being operated in the TSD for

being operated in operated in accordance accordance with all further discussion

accordanee with al1 with all requirements and requirements and and evaluation of

requirements and conditions ofthe existing conditions of the existing paragraph (a)(2).

conditions ofthe permit, including permit, including EPA will take no

existing pennit, representations in the representations in the action on the

including application for permit to application for permit to revisions to this

representations in the construct and subsequent construct and subsequent provision.

application for permit amendments, and any amendments, and any EPA proposed to

to construct and previously granted renewal, previously granted retain the

subsequent unless otherwise authorized renewal, unless otherwise existing

amendments, and any for a qualified facility. authorized for a qualified provisions of

previously granted facility. paragraph (0)(2)

renewal. in the SIP as

approved

3/1012006.

Current SIP - Approved 3/10/2006 Revsubmi/led 12/15/1995, and Removed.

(3) The facility has appropriate 7/22/1998 See section m.D in

means to measure the emission of (3) The faeility has apprepriate the TSD for

significant air contaminants as meaRS ts meaSlire the emissiSH sf further discussion

determined to be necessary by the sigAiFieaHt air 6sHtamiRaRts as and evaluation of

Executive Director. aete_ieea te be eeeessary b)' the the removal of

eJte6uti'-'e Direetsr. paragraph (a)(3).

EPA proposes to

approve the

removal of these

Drovisions.

Current SIP- Approved 3/IO/1006 Rev submitted 12/15/I995, and Removed.

(4) The facility uses that control 7/22/1998 See sections IIl.E in

technology determined by the (4) The faeility uses the eeetrel the main TSD for

Executive Director to be economically teeheelegy aetermieea b)' the E"eeutive further discussion

reasonable and technically practicable Di,eeter te be eeeeemieall)' ",asellable and evaluation of

considering the age of the facility and alla teeheisally praetieable eellsiaerieg paragraph (a)(4).

the impact of its emissions on the the age efthe faeility aea the impaet ef EPA proposes to

surrounding area. its emissisRS 8n the sUffsl:lnsing area. approve the

removal of these

provisions.

5
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.31O, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

1998'; and September 4, 2002.

30 TAC 116.311 - Permit Renewal A Iication Comments

Current SIP - Approved Rev submilled 7/22/1998 Rev submitted Revised. Changes

3/10/2006 illW The emissisHS 9/412002 are non-

(5) The emissions fFem the facility meets meet ill the facility substantive.

from the facility meets at-least the requirements of meets the requirements EPA proposes to

meet at least the any applicable New Source of any applicable New approve the

requirements of any Perfonnance Standards Source Perfonnance revisions to these

applicable New Source listed under Title 40 Code Standards as listed provisions.

Performance Standards of Federal Regulations under Title 40 Code of

promulgated by the U.S. (CFR) Part 60. promulgated Federal Regulations

Environmental Protection by the EPA~ (CFR) Part 60,

Agency (EPA) under the eAvireHmeHtal PreteetisH promulgated by the

authority ofthe Federal Agene)' (EPA) under the EPA under the

Clean Air Act (FCAA), authority ofthe.FCAA authority ofthe

§111, as amended. federal CleaR Air Aet FCAA, §lll, as

(FeAA), § III, as amended. amended.

(6) The emissions illt61 The emissisRS ill \'lj thefacility

from the facility meet at fFem the facility meets meet meets the requirements

least the requirements of aHeast the requirements of of any applicable

any applicable emission any applicable emission emission standard for

standard for hazardous air standard for hazardous air hazardous air

pollutants promulgated pollutants as listed under 40 pollutants as listed

by EPA under the CFR Part 61 ,Jlromulgated under 40 CFR Part 61,

authority ofthe FCAA, by EPA under the authority promulgated by EPA

§112, as amended. of the FCAA, §112, as under the authority of

amended. the FCAA, §112, as

amended.

Rev submitted 12/15/1995 and Rev submitted 9/4/2002 New paragraph.

7/22/1998 ill \4j the facility meets the Meets federal

(4) the facility meets the requirements of any applicable requirements."

requirements of any applicable maximum achievable control EPA proposes to

maximum achievable control technology standard as listed under 40 approve this

technology standard as listed under 40 CFR Part 63, promulgated by EPA provision.

CFR Part 63. promulgated by EPA under under the authority ofthe FCAA,

the authority ofthe FCAA, § 112, or as §112, or as listed under Chapter 113,

listed under Chapter 113, Subchapter C Subchapter C ofthis title (relating to

ofthis title (relating to National National Emissions Standards for

Emissions Standards for Hazardous Air Hazardous Air Pollutants for Source

Pollutants for Source Categories (FCAA Categories (FCAA §112,40 CFR 63».

SI12 40 CFR 6311. .

4 30 TAC 116.311(aXS) ensures that upon renewal the facility continues to meet the requirements of the

current SIP at 30 TAC 116.III(a)(2)(F) which requires permitted facilities to comply with the requirements

of 40 CFR part 63.

6
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

30 TAC 116.311 - Permit Renewal Application Comments

Rev submitted 12/15/1995 tlIId 7/22/1998

Cb) In addition to the requirements in subsection (a) ofthis section. ifthe

commission determines it necessary to avoid a condition of air pollution or to

ensure compliance with otherwise applicable federal or state air quality control

requirements, then:

(I) the applicant may be required to submit additional information regarding

the emissions from the facility and their impacts on the surrounding area: and

(2) the commission shall impose as a condition for renewal those

requirements the executive director determines to be economically reasonable and

technically practicable considering the age ofthe facility and the impact of its

emissions on the sUIToundino area.

7

New subchapter.

See section III.F in

the TSD for

further discussion

and evaluation of

subsection (b).

EPA proposes to

approve

snbsection (b).
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation ofthe Pending SIP Revisions Submitted December 15, 1995; July 22,

1998[; and September 4, 2002.

30 TAC 116.311- Permit Renewal Application Comments

Current SIP - Approved 3/10/2006 Rev submit/ed 12115/1995 a",1 Revised. All changes

(b) The TNRCC shall review the 7/22/1998 are noncompliance history ofthe facility in (0 W The TJ>!RCC shall Feview the substantive.

consideration of granting a permit eomplianee hislory ofthe fueilily in EPA proposes to

renewal. The compliance history eaHsiaeratie-R sf graRtiftg a permit approve the

review shall be conducted in reRewal. A +he compliance history submitted

accordance with the undesignated head review must sfta.l.l be conducted in revisions to

in Subchapter B relating to accordance with § 116.120-116.126 of subsection (c).

Compliance History. In order for the this title (relating to Compliance

permit to be renewed, the application History). Ihe Hnaesignatea heaa in

shall include information SHeehapler 8 relating 10 Complianee

demonstrating that the facility is or has Histery. The renewal In oraer fer Ihe

been in substantial compliance with permillo ee renewea, Ihe application

the provisions ofthe TCAA arid the must demonstrate shall inelHae

terms ofthe existing permit. Ifthe informalion aemonslraling that the

facility has a history which facility is or has been in substantial

demonstrates failure to maintain .. compliance with the provisions ofthe

substantial compliance with the TCAA and the terms of the existing

provisions ofthe TCAA or the terms permit. Failure to demonstrate U-t!le

ofthe existing permit, the renewal faeilily has a hislory whieh aemonslrales

shall not be granted. If it is found that failHre 10 mainlain substantial

violations in the compliance history compliance shall result iny,ilh Ihe

constitute a recurring pattern of l"F8VisisRS sftke TCAA Sf the terms 8f

egregious conduct which demonstrates the e"isling permil, the renewal shall not

a consistent disregard for the being l>e granted. If it is found that

regulatory process, including failure to violations in the compliance history

make a timely and substantial attempt constitute a recurring pattern of

to correct the violations, the renewal egregious conduct which demonstrates a

shall be denied. If a contested case consistent disregard for the regulatory

hearing has not been called, then the process, including failure to make a

staff must notify the applicant of the timely and substantial attempt to correct

intent to recommend denial and state the violations, the renewal shall be

the basis .of the findings. The denied. If a contested case hearing has

applicant will be given an opportunity not been called, the executive director

to respond to the notice. Ifthe then Ihe slaff must notify the applicant

findings reflect a pattern of disregard ofthe intent to recommend denial and

for applicable regulations which do not state the basis ofthe findings. The

warrant denial, additional conditions applicant will be given an opportunity to

may be placed in the permit. respond to the notice. If the findings

reflect a pattern of disregard for

applicable regulations which do not

warrant denial, additional conditions

mav be placed in the permit.

8
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

1998t

; and September 4, 2002.

Evaluation of 30 TAC 116.314 - Review Schedule

I. Background of 30 TAC 116.314.

A. Current SIP. This section is currently SIP-approved. The current SIP was

approved March 10, 2006 (71 FR 12285); effective May 9, 2006; as

adopted by TACB August 16, 1993, effective September 13, 1993.

B. Submitted SIP revisions. Revisions submitted December 15, 1995, and

July 22, 1998, included the following changes:

L Reorganizationof30 TAC 116.314(a) into 30 TAC 116.314(a) and

(b) and revisions to these subsections; and

2. Redesignation of existing 30 TAC 116.314(b) and (c) to 30 TAC

116.314(c) and (d), respectively, and revisions thereto.

II. Evaluation Matrix for 30 TAC 116.314.

~I 16.314 - Review Schedule Comments

Current SIP - Approved 3/10/2006 Rev submitted 12/15/1995 and 7/22/1998 Revised. Non-

(a) Renewal of pennit. (a) Renewal of pennit. substantive

Subsequent to review, the executive 8U9SeElUeat ta r8\'iew, lite executive changes.

director shall renew a pennit if it is director shall renew a permit and notify EPA proposes to

detennined the facility meets the the permit holder in writing if it is approve the

requirements of §116.311 ofthis detennined the facility meets the submitted

title (relating to Pennit Renewal requirements ofthis subchapter. revisions to

Applications) and §116.312 ofthis §J16.3 I I efthis lille (relaliHg Ie PeRRil suhseetion (a).

title (relating to Public Notification ReHe...al ApplieatieHs) aHa §116.312 ef

and Comment Procedures). The litis litle (relatiHg Ie Publie NetifiealieH

executive director shall notify the aHa CemmeHt Preeeaures). The

permit holder in writing ofthe eJeeeliti\'e aireetef shall Retify lAe permit

decision regarding renewal. ". he leer ia writiRg efthe eleeisisR regarding

reRev,al.

Current SIP-Approved 3/1012006 Rev submitted 12/15/1995 alld 7/22/1998 Revised. Non-

... Ifthe permit can not be Cbl Denial of renewal. Prior to denial. substantive

renewed, the executive director shall Iflite permil eaH Het be reHewea, the changes.

forward, with the notice to the executive director shall provide ferwara, EPA proposes to

permit holder of a report which 'l, illt lite notice to the permit holder with approve the

describes the basis the ef a report which describes the basis for submitted

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

Current SIP - Approved 3/1012006 Rev submitted 12/15/1995 alld 7/22/1998 subsection (b).

... If denial is based on failure to ill If denial is based on failure to meet

meet the requirements of the requirements of§116.311(a) or Cbl of

§116.311 (a) of this title, the this title (relating to Pennit Renewal

executive director's report shall Application), the exeeHtiYe elireeteF '5

establish a schedule for compliance report shall establish a schedule for

with the renewal requirements.... compliance with the renewal

requirements.

9
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.310, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

§116.314 - Review Schedule Comments

Current SIP - Approved 3//0/1006

... The report shall be forwarded to

the permit holder no later than 180

days after the Texas Natural Resource

Conservation Commission (TNRCC)

receives a completed application. The

permit shall be renewed if the

requirements are met according to the

schedule specified in the report and

the Executive Director shall notify the

permit holder in writing of the permit

renewal. However, if denial is based

on failure to maintain substantial

compliance with the provisions ofthe

Texas Clean Air Act or the terms of

the existing permit pursuant to

§116.311(c) of this title, the renewal

denial shall be final, and the Executive

Director shall notify the permit holder

in writing ofthe denial. ...

Current SIP- Approved 3/10/1006

... The permit shall be renewed if

the requ irements are met according to

the schedule specified in the report

and the executive director shall notify

the permit holder in writing ofthe

permit renewal. ...

Current SIP-Approved 3/1011006

... However, if denial is based on

failure to maintain substantial

compliance with the provisions of the

Texas Clean Air Act or the terms of

the existing permit pursuant to

§116.311(b) of this title, the renewal

denial shall be fmal, and the executive

director shall notify the permit holder

in writing ofthe denial.

Rev submitted 7/]]//998

tAl The report shall be forwarded to

the permit holder no later than 180 days

after the commission TeJeBS ~Iatliral

ReSB\:lFee CSRseF"atisR CemmissisA

(nrRCCl-receives a completed

application. The permit shall be

renewed ifthe requirements are met

according to the schedule specified in

the report and the Executive Director

shall notify the permit holder in writing

ofthe permit renewal. However, if

denial is based on failure to maintain

substantial compliance with the

provisions ofthe Texas Clean Air Act

or the terms ofthe existing permit

pursuant to §116.3 11(cj ofthis title, the

renewal denial shall be final, and the

Executive Director shall notify the

permit holder in writing of the denial.

Rev submilled /1//5//995 lllld

7/]]/1998

ill} The permit shall be renewed if

the requirements are met according to

the schedule specified in the report. The

aH<!-lIle executive director shall notify

the permit holder in writing of the

denial. l'eF1llil FeRewal.

Rev submilled /1//5//995 alit/

7111//998

ill jfHowc>'eF, ifdenial is based on

failure to maintain substantial

compliance with the provisions of the

TCAA Te"•• CleaR AiF Ael or the

tenns ofthe existing permit pursuant to

§116.31 Hc) §116.311 (a) ofthis title,

the renewal denial shall be final, and

the executive director shall notify the

permit holder in writing ofthe denial.

10

Revised. Nonsubstantive

changes.

EPA proposes to

approve the

submitted

revisions to

subsection (bj.
Technical Support Document

Appendix

Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or

Modification

Subchapter D - Permit Renewals

§§116.31O, 116.311, and 116.314

Evaluation of the Pending SIP Revisions Submitted December 15, 1995; July 22,

19981

; and September 4, 2002.

§116.314 - Review Schedule Comments

Current SIP - Approved Rev submitted 12/15/1995 olll/7/22/1998 Revised.

3/10/2006 W €l>l Contested case hearing. After See section IILG in the

(b) Contested case hearing. failure In t"e e"ent t"at t"e permit "elder fails TSD for further

In the event that the permit to satisfy the commission =FAGB requirements discussion and

holder fails to satisfy the TACB for corrective action by the deadline specified evaluation of

requirements for corrective in the executive director'soMGB report, the subsection (c).

action by the deadline specified applicant shall ee reEj\;lired ta show cause in a EPA proposes to

in the TACB report, the contested case proceeding why the permit approve the

applicant shan be required to should not expire. The proceeding will be revisions to

show cause in a contested case conducted under the APA and Chapter I. 55. subsection (c).

proceeding why the permit and 80 ofthis title (relating to Purnose of

should not expire. The Rules General Provisions: Request for

proceeding will be pursuant to Contested Case Hearings' Public Comment:

the requirements ofthe and Contested Case Hearings) pursuant te t"e

Administrative Procedure and reEIt:iiremeHts sfthe_AdmiRistrati'le PreeeEhue

Texas Register Act, Article ""d Te"as Register Ael, Artiele 62'2 13a.

6252-13a, V.T.C.S. V.T.e.S.

Current SIP - Approved 3//0/2006 Rev submilled 12/15/1995 a"d Revised. Non-

(c) Effective date ofexisting 7/22/1998 substantive

permit. An existing permitsball @ Effective date of existing changes.

remain effective ... permit. An existing permit shall remain EPA proposes to

effective approve the

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

... until the deadline specified in ill unti Ithe deadline specified in subsection (d).

the executive director's report to the the executive director's report to the

permit holder, or ... permit ho Ider,..,.

Rev submitted 12/15/1995 and 7/22/1998

(3) during the course ofa contested case hearing if the hearing extends beyond

the exniration date' or

Current SIP - Approved 3//0/2006 Rev submitted 12/15/1995 and

... until a date specified in any order 7/22/1998

entered following a contested case (1} until a date specified in any

hearing held pUl'Suant to subsection (b) commission order entered following

ofthis section. An existing permit shall a contested case hearing fteItI

remain in effect during the course ofa pursuant ta subseetien (il) eft"is

contested case hearing ifthe hearing se£ti.efl. AA e)dstiRg f3erFHit shall

proceeds beyond the permit expiration as remaiR if! effeet elHfiRg tile eBHfse sf

identified in §116.3I1(c) ofthis title. a eSAtestea ease heariRg ifthe

hearing preeeeds beyand t"e permit

e'~J3iratiBR as ideAtifies iR

" " '" -,

11