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 General Definitions; Docket No. EPA-R06-OAR2005-TX-0025 

1

This is an addendum to the Technical Support Document for the proposed action on SIP 

Revisions to the Texas SIP relating to Modification of Existing Qualified Facilities 

Program and General Definitions. This addendum identifies the changes in the final 

action relative to the September 23, 2009, proposed action. See 74 FR 48450. These 

changes were, in significant part, the result of EPA’s review of comments on the 

proposed rule. The changes to the Technical Support Document are as follows: 

1. Table 1 on pages 2-4 of the Technical Support Document is revised to show changes 

to our final action on 30 TAC 116.10(3), and (11). As revised 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 

* * * * * * * 

30 TAC 116.10(3) Definition of 03/13/1996 Added new definition 

“BACT” 07/22/1998 Repealed and resubmitted as 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07/22/1998 Repealed and resubmitted as 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07/22/1998 Repealed and resubmitted as 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07/22/1998 Repealed and resubmitted as 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) addressing insignificant increases and 

subparagraph (G) of the definition of “modification of existing facility,” as 

not meeting Act and EPA’s NSR regulations. 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 
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 General Definitions; Docket No. EPA-R06-OAR2005-TX-0025 

2

insignificant increases and subparagraph (G) of the definition of 

“modification of existing facility” until December 31, 2012. 

3. On page 4 of the Appendix, the second bullet under “Proposed Actions” is revised as 

follows: 

• On September 23, 2009, we proposed disapproval 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 with consideration given to the technical 

practicability and economical reasonableness of reducing emissions 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 separate proposed action published at 74 FR 48467, 

September 23, 2009. This proposal relates to Prevention of Significant Deterioration 

(PSD), Nonattainment NSR (NNSR) for the 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 General Definitions; Docket No. EPA-R06-OAR2005-TX-0025 

3

5. On page 13 of the Appendix, the evaluation 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 “modification of existing facility” and 

30 TAC 116.10(11)(A) and (B) –relating to insignificant 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 air contaminant that is authorized 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 “modification of existing facility” relating 

to insignificant increases which are not a modification of an existing facility.

EPA proposed to disapprove severable definitions under subparagraphs (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 the proposed disapproval of the severable 

submitted portions, subparagraphs at 30 TAC 116.10(11)(A) and (B), under the submitted 

definition of “modification of existing facility.” 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 received 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 Environmental Integrity Project 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 (the 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 General Definitions; Docket No. EPA-R06-OAR2005-TX-0025 

4

6. On page 16 of the Appendix, the evaluation 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 “modification 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 natural gas gathering or transmission pipeline which does 

not result in an annual emission rate of any air contaminant in excess of the volume emitted at the 

maximum designed capacity, provided that the facility is one for which:

(i) construction or operation started on or before 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 “modification of existing facility” relating to 

changes at certain natural gas processing, treating, of compression facilities.

EPA proposed to disapprove the severable definitions under subparagraph (G) of the 

submitted definition of “modification of existing 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 “modification 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 subsection states that changes to certain natural 

gas processing, treating, or compression facilities are not modifications 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 Qualified Facilities. See 74 

FR 48453. We will take final action on 30 TAC 116.10(11)(G) 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.