Addendum to Technical Support Document Approval and Promulgation of Implementation Plans; Texas; Revisions to the New

Source Review (NSR) State Implementation Plan (SIP); Modification of Existing Qualified Facilities Program and Genera l Definitions; Dock et No. EPA-R06-OAR2005-TX-0025

1 This is an addendum to the Technical Suppor t Document for the proposed action on SIP Revisions to the Texas SIP relating to Modi fication of Existing Qualified Facilities Program and General Definitions . This addendum identifies the changes in the final action relative to the September 23, 2009, pr oposed action. See 74 FR 48450. These changes were, in significant part, the resu lt of EPA’s review of comments on the proposed rule. The changes to the Tec hnical Support Document are as follows:

1. Table 1 on pages 2-4 of the Technical Supp ort Document is revised to show changes to our final action on 30 TAC 116.10(3), and (11). As revise d provisions of the table now read as follows:

Table 1. Rules evaluated in this action.

Section Title Submittal
dates Description of Change Proposed Action

30 TAC 116.10 General Definitions
* * * * * * *
03/13/1996 Added new definition 30 TAC 116.10(3) Definition of
“BACT” 07/22/1998 Repealed and resubmitted as ¶(3) Action on this severable definition will be deferred until 8/31/2010
* * * * * * *
03/13/1996 Added new definition 07/22/1998 Repealed and resubmitted as ¶(9) 30 TAC 116.10(11) – Introductory paragraph Definition of “modification of existing facility” 09/04/2002 Redesignated to ¶(11) Disapproval of sub-¶(E)

03/13/1996 Added new definition 07/22/1998 Repealed and resubmitted as ¶(9)(A)-(B) 30 TAC 116.10(11)(A)-(B) Definition of “modification of existing facility” 09/04/2002 Redesignated to sub-¶(11)(A)- (B) Action on severable sub- ¶s (A)-(B) will be deferred until
12/31/2012.
* * * * * * *
03/13/1996 Added new definition 07/22/1998 Repealed and resubmitted as sub-¶(9)(G) 30 TAC 116.10(11)(G)

09/04/2002 Redesignated to ¶(11)(G) Action on severable sub-¶ (G) will be deferred until
12/31/2012.
* * * * * * *

2. On page 9, section V.C is revised as follows:

C. On September 23, 2009, we proposed to disapprove severable definitions submitted by Texas for “best available control technology (BACT)” and subparagraphs (A) and (B) addre ssing insignificant increases and subparagraph (G) of the defi nition of “modification of existing facility,” as not meeting Act and EPA’s NSR regulat ions. In our final action, we are deferring the action on the defini tion of BACT until August 31, 2010, and we are deferring action on subpar agraphs (A) and (B) addressingAddendum to Technical Support Document Approval and Promulgation of Implementation Plans; Texas; Revisions to the New

Source Review (NSR) State Implementation Plan (SIP); Modification of Existing Qualified Facilities Program and Genera l Definitions; Dock et No. EPA-R06-OAR2005-TX-0025

2 insignificant increases and subparag raph (G) of the definition of “modification of existing facility” until December 31, 2012.

3. On page 4 of the Appendix, the second bul let under “Proposed Actions” is revised as follows:

• On September 23, 2009, we proposed di sapproval of the following severable definitions: 30 TAC 116.10(3); (11)(A)-(B), and (G). In our final action, we are deferring the action on the definition of BACT until August 31, 2010, and we are deferring action on subparagraphs (A) and (B) addressing insignificant increases and subparagraph (G) of the definition of “modification of existing facility” until December 31, 2012.

4. On page 8 of the Appendix, the evaluation of 30 TAC 116.10(3) is revised as follows:

Annotation and Evaluation of 30 TAC 116.10 – General Definitions Comments 30 TAC 116.10(3) – Definition of “BACT”
Revision submitted 7/22/1998

(3) BACT – Best Available Control Technology w ith consideration give n to the technical practicability and economical reasonableness of reducing em issions from the facility. Action deferred until 8/31/2010.

30 TAC 116.10(3) – definition of “BACT”

EPA proposed to disapprove the severable definition “best available control technology (BACT)” under 30 TAC 1161.10(3). 74 FR 48463-48464. EPA is still reviewing approvability of this definition; therefore, we take no action on it today. We will take final action on the definition of BACT in our rulemaking on NSR Reform (Rule Project Number 2005-010-116-PR), which also addresses BACT. See 74 FR 48472. 1 Under the Consent Decree entered on January 21, 2010 in BCCA Appeal Group v. EPA, Case No. 3:08-cv-01491-N (N.D. Tex), EPA’s final action concerning NSR Reform will be finalized by August 31, 2010.

1 EPA made this determination in a separa te proposed action published at 74 FR 48467, September 23, 2009. This proposal relates to Prevention of Significant Deterioration (PSD), Nonattainment NSR (NNSR) for th e 1997 8-Hour Ozone Standard, NSR Reform, and a Standard Permit.Addendum to Technical Support Document Approval and Promulgation of Implementation Plans; Texas; Revisions to the New

Source Review (NSR) State Implementation Plan (SIP); Modification of Existing Qualified Facilities Program and Genera l Definitions; Dock et No. EPA-R06-OAR2005-TX-0025

3 5. On page 13 of the Appendix, the eval uation of 30 TAC 116.10(11) (A)-(B) is revised as follows:

Annotation and Evaluation of 30 TAC 116.10 – General Definitions Comments 30 TAC 116.10(11) – Definition of “mod ification of existing facility” and 30 TAC 116.10(11)(A) and (B ) –relating to insignifican t increases not modifications
Revision submitted 7/22/1998

(9) Modification of existing facility – Any physical change in, or change in the method of operation of, a facility in a manner that increases the amount of air contaminants emitted by the facility into the atmosphere or which results in the emission of any air contaminant not previously emitted. The term does not include: Revision submitted 9/4/2002 (11) (9) * * *

Revision submitted 7/22/1998 (A) insignificant increases in the amount of any ai r contaminant that is auth orized by one or more commission exemptions; Revision submitted 7/22/1998 (B) insignificant increases at a permitted facility; Action deferred until 12/31/2012.

30 TAC 116.10(11)(A) and (B) – definition of “m odification of existing facility” relating to insignificant increases which are not a modification of an existing facility.

EPA proposed to disapprove severable defi nitions under subparagra phs (A) and (B) of the submitted definition of “modification of existing facility,” which are severable from the other submissions addressed in this notice but not severable from each other. See 74 FR 48464-48465. EPA is not acting today on th e proposed disapproval of the severable submitted portions, subparagraphs at 30 TA C 116.10(11)(A) and (B), under the submitted definition of “modification of existing facilit y.” We are still reviewing the proposed disapproval of 30 TAC 116.10(11)(A) and (B) of the definition of “modification of existing facility,” which relates to “insignificant increases.” We will take final action on 30 TAC 116.10(11)(A) and (B) when we act on Air Permits (SB 766) Phase II (Rule Project Number 99029B-116-A1). Under the Settlement Agreement in BCCA Appeal Group v. EPA, Case No. 3:08-cv-01491-N (N.D. Tex), that action will be finalized by December 31, 2012. Additionally, we have rece ived petitions requesting EPA review of the State’s implementation of TCEQ’s PBR program under Subchapter K (30 TAC Chapter 106). 2 EPA intends to review this PBR and its implementation in response to those petitions.

2 Petitions, August 28, 2008, from the Environm ental Integrity Projec t on behalf of the Galveston-Houston Association for Smog Prevention, Environmental Integrity Project, Texas Campaign for the Environment, Sierra Club, and Public Citizen; and January 5, 2009, supplementing the August 28, 2008, petition (t he supplemental petition added the Environmental Defense Fund as an additional petitioner).Addendum to Technical Support Document Approval and Promulgation of Implementation Plans; Texas; Revisions to the New

Source Review (NSR) State Implementation Plan (SIP); Modification of Existing Qualified Facilities Program and Genera l Definitions; Dock et No. EPA-R06-OAR2005-TX-0025

4 6. On page 16 of the Appendix, the evalua tion of 30 TAC 116.10(11)(G) is revised as follows:

Annotation and Evaluation of 30 TAC 116.10 – General Definitions Comments 30 TAC 116.10(11) – Definition of “m odification of existing facility” and 30 TAC 116.10(11)(E) –relating to a physical change in, or change in the method of

operation of, a facility that does not result in a net increase in allowable emission of any air contaminant and that does not result in the emissions of any air contaminant not previously emitted
Revision submitted 7/22/1998 (G) a change in, or change in the method of operation of, a natural gas processing treating, or compression facility, connected to or part of a natu ral gas gathering or transmission pipeline which does not result in an annual emission rate of any air contaminant in excess of the volume emitted at the maximum designed ca pacity, provided that the facility is one for which: (i) construction or operation started on or befo re September 1, 1971, and at which either no modification has occurred after September 1, 1971 , or which modifications have occurred only under Chapter 106 of this title; or (ii) construction started after September 1, 1971, and before March 1, 1972, and which registered in accordance with TCAA, §383.060, as that section existed prior to September 1, 1971. Action deferred until 12/31/2012.

30 TAC 116.10(11)(G) – definition of “modificatio n of existing facility” relating to changes at certain natural gas processing, treating, of comp ression facilities.

EPA proposed to disapprove the severable definitions under subparagraph (G) of the submitted definition of “modification of existi ng facility.” See 74 FR 48465. EPA is not acting today on the proposed disapproval of the severable submitted portion 30 TAC 116.10(11)(G) under the submitted definition of “m odification of existing facility.” We are still reviewing the proposed disapproval of 30 TAC 116.10( 11)(G) of the definition of “modification of existing facility.” This subs ection states that cha nges to certain natural gas processing, treating, or compre ssion facilities are not modifi cations if the change does not result in an annual emissions rate of any air contaminant in excess of the volume emitted at the maximum design capacity for grandfathered facilities. These paragraphs under this definition are severable from this rulemaking on Qualifie d Facilities. See 74 FR 48453. We will take fi nal action on 30 TAC 116.10(11)(G) when we act on Air Permits (SB 766) Phase II (Rule Project Nu mber 99029B-116-A1). Under the Settlement Agreement in BCCA Appeal Group v. EPA, Case No. 3:08-cv-01491-N (N.D. Tex), that action will be finalized by December 31, 2012.