TCEQ – GHG Rules Submitted for SIP Approval Page 1

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER H: APPLICABILITY AND GENERAL PROVISIONS

§§39.411, 39.412, 39.419, and 39.420

§39.411. Text of Public Notice.

(a) Applicants shall use notice text provided and approved by the agency. The 

executive director may approve changes to notice text before notice being given. 

(b) When Notice of Receipt of Application and Intent to Obtain Permit by 

publication or by mail is required by Subchapters H and K of this chapter (relating to 

Applicability and General Provisions and Public Notice of Air Quality Permit Applications) 

for air quality permit applications, those applications are subject to subsections (e) - (h) of 

this section. When notice of receipt of application and intent to obtain permit by 

publication or by mail is required by Subchapters H - J and L of this chapter (relating to 

Applicability and General Provisions, Public Notice of Solid Waste Applications, Public 

Notice of Water Quality Applications and Water Quality Management Plans, and Public 

Notice of Injection Well and Other Specific Applications), Subchapter G of this chapter 

(relating to Public Notice for Applications for Consolidated Permits), or for Subchapter M 

of this chapter (relating to Public Notice for Radioactive Material Licenses), the text of the 

notice must include the following information: 

(1) the name and address of the agency and the telephone number of an 

agency contact from whom interested persons may obtain further information; 

(2) the name, address, and telephone number of the applicant and a 

description of the manner in which a person may contact the applicant for further 

information; 

(3) a brief description of the location and nature of the proposed activity; 

(4) a brief description of public comment procedures, including: 

(A) a statement that the executive director will respond to comments 

raising issues that are relevant and material or otherwise significant; and 

(B) a statement in the notice for any permit application for which 

there is an opportunity for a contested case hearing, that only disputed factual issues that 
TCEQ – GHG Rules Submitted for SIP Approval Page 2

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

are relevant and material to the commission's [commissions's] decision that are raised 

during the comment period can be considered if a contested case hearing is granted; 

(5) a brief description of procedures by which the public may participate in 

the final permit decision and, if applicable, how to request a public meeting, contested case 

hearing, reconsideration of the executive director's decision, a notice and comment 

hearing, or a statement that later notice will describe procedures for public participation, 

printed in a font style or size that clearly provides emphasis and distinguishes it from the 

remainder of the notice. The notice should include a statement that a public meeting will 

be held by the executive director if requested by a member of the legislature who 

represents the general area where the facility is to be located or there is substantial public 

interest in the proposed activity; 

(6) the application or permit number; 

(7) if applicable, a statement that the application or requested action is 

subject to the Coastal Management Program and must be consistent with the Coastal 

Management Program goals and policies; 

(8) the location, at a public place in the county in which the facility is located 

or proposed to be located, at which a copy of the application is available for review and 

copying; 

(9) a description of the procedure by which a person may be placed on a 

mailing list in order to receive additional information about the application; 

(10) for notices of municipal solid waste applications, a statement that a 

person who may be affected by the facility or proposed facility is entitled to request a 

contested case hearing from the commission. This statement must be printed in a font style 

or size that clearly provides emphasis and distinguishes it from the remainder of the 

notice; and 

(11) any additional information required by the executive director or needed 

to satisfy public notice requirements of any federally authorized program; or 

(12) for radioactive material licenses under Chapter 336 of this title (relating 

to Radioactive Substance Rules), if applicable, a statement that a written environmental 
TCEQ – GHG Rules Submitted for SIP Approval Page 3

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

analysis on the application has been prepared by the executive director, is available to the 

public for review, and that written comments may be submitted; and 

(13) for Class 3 modifications of hazardous industrial solid waste permits, the 

statement "The permittee's compliance history during the life of the permit being modified 

is available from the agency contact person."

(c) Unless mailed notice is otherwise provided for under this section, the chief clerk 

shall mail Notice of Application and Preliminary Decision to those listed in §39.413 of this 

title (relating to Mailed Notice). When notice of application and preliminary decision by 

publication or by mail is required by Subchapters G - J and L of this chapter, the text of the 

notice must include the following information: 

(1) the information required by subsection (b)(1) - (11) of this section; 

(2) a brief description of public comment procedures, including a description 

of the manner in which comments regarding the executive director's preliminary decision 

may be submitted, or a statement in the notice for any permit application for which there is 

an opportunity for contested case hearing, that only relevant and material issues raised 

during the comment period can be considered if a contested case hearing is granted. The 

public comment procedures must be printed in a font style or size that clearly provides 

emphasis and distinguishes it from the remainder of the notice; 

(3) if the application is subject to final approval by the executive director 

under Chapter 50 of this title (relating to Action on Applications and Other 

Authorizations), a statement that the executive director may issue final approval of the 

application unless a timely contested case hearing request or a timely request for 

reconsideration (if applicable) is filed with the chief clerk after transmittal of the executive 

director's decision and response to public comment; 

(4) a summary of the executive director's preliminary decision and whether 

the executive director has prepared a draft permit; 

(5) the location, at a public place in the county in which the facility is located 

or proposed to be located, at which a copy of the complete application and the executive 

director's preliminary decision are available for review and copying; 
TCEQ – GHG Rules Submitted for SIP Approval Page 4

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(6) the deadline to file comments or request a public meeting. The notice 

should include a statement that a public meeting will be held by the executive director if 

requested by a member of the legislature who represents the general area where the facility 

is to be located or there is substantial public interest in the proposed activity; and 

(7) for radioactive material licenses under Chapter 336 of this title, if 

applicable, a statement that a written environmental analysis on the application has been 

prepared by the executive director, is available to the public for review, and that written 

comments may be submitted. 

(d) When notice of a public meeting or notice of a hearing by publication or by mail 

is required by Subchapters G - J and L of this chapter, the text of the notice must include 

the following information: 

(1) the information required by subsection (b)(1) - (3), (6) - (8), and (11) of 

this section; 

(2) the date, time, and place of the meeting or hearing, and a brief description 

of the nature and purpose of the meeting or hearing, including the applicable rules and 

procedures; and 

(3) for notices of public meetings only, a brief description of public comment 

procedures, including a description of the manner in which comments regarding the 

executive director's preliminary decision may be submitted and a statement in the notice 

for any permit application for which there is an opportunity for contested case hearing, 

that only relevant and material issues raised during the comment period can be considered 

if a contested case hearing is granted. 

(e) When Notice of Receipt of Application and Intent to Obtain Permit by 

publication or by mail is required by Subchapters H and K of this chapter for air quality 

permit applications, the text of the notice must include the information in this subsection. 

(1) the name and address of the agency and the telephone number of an 

agency contact from whom interested persons may obtain further information; 
TCEQ – GHG Rules Submitted for SIP Approval Page 5

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(2) the name, address, and telephone number of the applicant and a 

description of the manner in which a person may contact the applicant for further 

information; 

(3) a brief description of the location and nature of the proposed activity; 

(4) a brief description of public comment procedures, including: 

(A) a statement that the executive director will respond to: 

(i) all comments regarding applications for Prevention of 

Significant Deterioration and Nonattainment permits under Chapter 116, Subchapter B of 

this title (relating to New Source Review Permits) and Plant-wide Applicability Limit 

permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for 

New Construction or Modification) filed on or after the effective date of this section; 

(ii) all comments regarding applications subject to the 

requirements of Chapter 116, Subchapter E of this title (relating to Hazardous Air 

Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, 

§112(g), 40 CFR Part 63)), whether for construction or reconstruction, filed on or after the 

effective date of this section; and 

(iii) for all other air quality permit applications, comments 

raising issues that are relevant and material or otherwise significant; and 

(B) a statement in the notice for any air quality permit application for 

which there is an opportunity for a contested case hearing, that only disputed factual issues 

that are relevant and material to the commission's decision that are raised during the 

comment period can be considered if a contested case hearing is granted; 

(5) a brief description of procedures by which the public may participate in 

the final permit decision and, if applicable, how to request a public meeting, contested case 

hearing, reconsideration of the executive director's decision, a notice and comment 

hearing, or a statement that later notice will describe procedures for public participation, 

printed in a font style or size that clearly provides emphasis and distinguishes it from the 

remainder of the notice. Where applicable, the notice should include a statement that a 

public meeting will be held by the executive director if requested by a member of the 
TCEQ – GHG Rules Submitted for SIP Approval Page 6

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

legislature who represents the general area where the facility is to be located if there is 

substantial public interest in the proposed activity when requested by any interested 

person for the following applications that are filed on or after the effective date of this 

section: 

(A) air quality permit applications subject to the requirements for 

Prevention of Significant Deterioration and Nonattainment in Chapter 116, Subchapter B 

of this title; 

(B) applications for the establishment or renewal of, or an increase in, 

a plant-wide applicability limit subject to Chapter 116 of this title; and 

(C) applications subject to the requirements of Chapter 116, 

Subchapter E of this title, whether for construction or reconstruction; 

(6) the application or permit number; 

(7) if applicable, a statement that the application or requested action is 

subject to the Coastal Management Program and must be consistent with the Coastal 

Management Program goals and policies; 

(8) the location, at a public place in the county in which the facility is located 

or proposed to be located, at which a copy of the application is available for review and 

copying; 

(9) a description of the procedure by which a person may be placed on a 

mailing list in order to receive additional information about the application; 

(10) at a minimum, a listing of criteria pollutants for which authorization is 

sought in the application which are regulated under national ambient air quality standards 

(NAAQS) or under state standards in Chapters 111, 112, 113, 115, and 117 of this title 

(relating to Control of Air Pollution from Visible Emissions and Particulate Matter, Control 

of Air Pollution from Sulfur Compounds, Standards of Performance for Hazardous Air 

Pollutants and for Designated Facilities and Pollutants, Control of Air Pollution from 

Volatile Organic Compounds, and Control of Air Pollution from Nitrogen Compounds); 
TCEQ – GHG Rules Submitted for SIP Approval Page 7

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(11) If notice is for any air quality permit application except those listed in 

paragraphs [paragraph] (12) and (15) of this subsection, the following information must be 

printed in a font style or size that clearly provides emphasis and distinguishes it from the 

remainder of the notice: 

(A) a statement that a person who may be affected by emissions of air 

contaminants from the facility or proposed facility is entitled to request a contested case 

hearing from the commission within the following specified time periods; 

(i) for air quality permit applications subject to the 

requirements for Prevention of Significant Deterioration and Nonattainment permits in 

Chapter 116, Subchapter B of this title a statement that a request for a contested case 

hearing must be received by the commission by the end of the comment period or within 

30 days after the mailing of the executive director's response to comments;

(ii) for air quality permit applications subject to the 

requirements of Chapter 116, Subchapter E of this title, whether for construction or 

reconstruction, a statement that a request for a contested case hearing must be received by 

the commission by the end of the comment period or within 30 days after the mailing of 

the executive director's response to comments; 

(iii) for renewals of air quality permits that would not result in 

an increase in allowable emissions and would not result in the emission of an air 

contaminant not previously emitted and the application does not involve a facility for 

which the applicant's compliance history is in the lowest classification under Texas Water 

Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to 

Compliance History), a statement that a request for a contested case hearing must be 

received by the commission before the close of the 15-day comment period provided in 

response to the last publication of Notice of Receipt of Application and Intent to Obtain 

Permit; or 

(iv) for all air quality permit applications other than those in 

clauses (i) - (iii) of this subparagraph, a statement that a request for a contested case 

hearing must be received by the commission before the close of the 30-day comment 

period provided in response to the last publication of Notice of Receipt of Application and 

Intent to Obtain Permit. If no hearing requests are received by the end of the 30-day 

comment period following the last publication of Notice of Receipt of Application and 
TCEQ – GHG Rules Submitted for SIP Approval Page 8

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

Intent to Obtain Permit, there is no further opportunity to request a contested case 

hearing. If any hearing requests are received before the close of the 30-day comment 

period following the last publication of Notice of Receipt of Application and Intent to 

Obtain Permit, the opportunity to file a request for a contested case hearing is extended to 

30 days after the mailing of the executive director's response to comments; 

(B) a statement that a request for a contested case hearing must be 

received by the commission; 

(C) a statement that a contested case hearing request must include the 

requester's location relative to the proposed facility or activity; 

(D) a statement that a contested case hearing request should include a 

description of how the requestor will be adversely affected by the proposed facility or 

activity in a manner not common to the general public, including a description of the 

requestor's uses of property which may be impacted by the proposed facility or activity; 

(E) a statement that only relevant and material issues raised during 

the comment period can be considered if a contested case hearing request is granted; and 

(F) if notice is for air quality permit applications described in 

subparagraph (A)(iv) of this paragraph, a statement that when no hearing requests are 

timely received the applicant shall publish a Notice of Application and Preliminary 

Decision that provides an opportunity for public comment and to request a public meeting. 

(12) if notice is for air quality applications for a permit under Chapter 116, 

Subchapter L of this title (relating to Permits for Specific Designated Facilities), filed on or 

before January 1, 2018, a Multiple Plant Permit under Chapter 116, Subchapter J of this 

title (relating to Multiple Plant Permits), or for a Plant-wide Applicability Limit under 

Chapter 116 of this title, a statement that any person is entitled to request a public meeting 

or a notice and comment hearing, as applicable from the commission; 

(13) notification that a person residing within 440 yards of a concrete batch 

plant without enhanced controls under a standard permit adopted by the commission 

under Chapter 116, Subchapter F of this title (relating to Standard Permits) is an affected 

person who is entitled to request a contested case hearing; 
TCEQ – GHG Rules Submitted for SIP Approval Page 9

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(14) the statement: "The facility's compliance file, if any exists, is available for 

public review in the regional office of the Texas Commission on Environmental Quality;"

[and] 

(15) if notice is for an application for an air quality permit under Chapter 116, 

Subchapter B, Division 6 of this title (relating to Prevention of Significant Deterioration 

Review) that would authorize only emissions of greenhouse gases as defined in §101.1 of 

this title (relating to Definitions), a statement that any interested person is entitled to 

request a public meeting or a notice and comment hearing, as applicable, from the 

commission; and

(16) [(15)] any additional information required by the executive director or 

needed to satisfy federal public notice requirements. 

(f) The chief clerk shall mail Notice of Application and Preliminary Decision to those 

listed in §39.602 of this title (relating to Mailed Notice). When notice of application and 

preliminary decision by publication or by mail is required by Subchapters H and K of this 

chapter for air quality permit applications, the text of the notice must include the 

information in this subsection: 

(1) the information required by subsection (e) of this section; 

(2) a summary of the executive director's preliminary decision and whether 

the executive director has prepared a draft permit; 

(3) the location, at a public place in the county with internet access in which 

the facility is located or proposed to be located, at which a copy of the complete application 

and the executive director's draft permit and preliminary decision are available for review 

and copying; 

(4) a brief description of public comment procedures, including a description 

of the manner in which comments regarding the executive director's draft permit and, 

where applicable, preliminary decision, preliminary determination summary, and air 

quality analysis may be submitted, or a statement in the notice for any air quality permit 

application for which there is an opportunity for contested case hearing, that only relevant 

and material issues raised during the comment period can be considered if a contested case 
TCEQ – GHG Rules Submitted for SIP Approval Page 10

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

hearing is granted. The public comment procedures must be printed in a font style or size 

that clearly provides emphasis and distinguishes it from the remainder of the notice; 

(5) the deadline to file comments or request a public meeting. The notice 

should include a statement that a public meeting will be held by the executive director if 

requested by a member of the legislature who represents the general area where the facility 

is to be located or there is substantial public interest in the proposed activity. The notice 

must include a statement that the comment period will be for at least thirty days following 

publication of the Notice of Application and Preliminary Decision; 

(6) if the application is subject to final approval by the executive director 

under Chapter 50 of this title, a statement that the executive director may issue final 

approval of the application unless a timely contested case hearing request or a timely 

request for reconsideration (if applicable) is filed with the chief clerk after transmittal of 

the executive director's decision and response to public comment; 

(7) If the executive director prepares a Response to Comments as required by 

§55.156 of this title (relating to Public Comment Processing), the chief clerk will make the 

executive director's response to public comments available on the commission's Web site; 

(8) in addition to the requirements in paragraphs (1) - (7) of this subsection, 

for air quality permit applications filed on or after the effective date of this section for 

permits under Chapter 116, Subchapter B, Divisions 5 of this title (relating to 

Nonattainment Review Permits) and 6 of this title [(relating to Prevention of Significant 

Deterioration Review and Nonattainment Review)]: 

(A) as applicable, the degree of increment consumption that is 

expected from the source or modification; 

(B) a statement that the state's air quality analysis is available for 

comment; 

(C) the deadline to request a public meeting; 

(D) a statement that the executive director will hold a public meeting 

at the request of any interested person; and 
TCEQ – GHG Rules Submitted for SIP Approval Page 11

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(E) a statement that the executive director's draft permit and 

preliminary decision, preliminary determination summary, and air quality analysis are 

available electronically on the commission's Web site at the time of publication of the 

Notice of Application and Preliminary Decision; and 

(9) in addition to the requirements in paragraphs (1) - (7) of this subsection, 

for air quality permit applications filed on or after the effective date of this section for 

permits under Chapter 116, Subchapter E of this title: 

(A) the deadline to request a public meeting; 

(B) a statement that the executive director will hold a public meeting 

at the request of any interested person; and 

(C) a statement that the executive director's draft permit and 

preliminary decision are available electronically on the commission's Web site at the time 

of publication of the Notice of Application and Preliminary Decision. 

(g) When notice of a public meeting by publication or by mail is required by 

Subchapters H and K of this chapter for air quality permit applications filed on or after the 

effective date of this section, the text of the notice must include the information in this 

subparagraph. Air quality permit applications filed before the effective date of this section 

are governed by the rules in Subchapters H and K of this chapter as they existed 

immediately before the effective date of this section, and those rules are continued in effect 

for that purpose. 

(1) the information required by subsection (e)(1) - (3), (4)(A), (6), (8), (9), 

and (16) [(15)] of this section; 

(2) the date, time, and place of the public meeting, and a brief description of 

the nature and purpose of the meeting, including the applicable rules and procedures; and 

(3) a brief description of public comment procedures, including a description 

of the manner in which comments regarding the executive director's draft permit and 

preliminary decision, and, as applicable, preliminary determination summary, and air 

quality analysis may be submitted and a statement in the notice for any air quality permit 

application for which there is an opportunity for contested case hearing, that only relevant 
TCEQ – GHG Rules Submitted for SIP Approval Page 12

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

and material issues raised during the comment period can be considered if a contested case 

hearing is granted. 

(h) When notice of a contested case hearing under Chapter 80 of this title (relating 

to Contested Case Hearings) by publication or by mail is required by Subchapters H and K 

of this chapter for air quality permit applications, the text of the notice must include the 

following information: 

(1) the information required by subsection (e)(1) - (3), (6), (9) and (16) [(15)] 

of this section; and 

(2) the date, time, and place of the hearing, and a brief description of the 

nature and purpose of the hearing, including the applicable rules and procedures.

§39.412. Combined Notice for Certain Greenhouse Gases Permit Applications.

(a) This section applies to a permit application transferred from the United States 

Environmental Protection Agency (EPA) or filed with the commission for initial issuance of 

a Prevention of Significant Deterioration (PSD) permit to authorize only emissions of 

Greenhouses Gases, as defined in §101.1 of this title (relating to Definitions) which, prior to 

receipt of the application with the commission, was filed with EPA and for which notice of 

draft permit was published as required by EPA.

(b) In lieu of compliance with all other applicable requirements of this chapter 

regarding PSD permit applications, an applicant may fulfill the requirements of this 

chapter by:

(1) Complying with the requirements of §39.405(f)(3), (h)(1) - (4), (6), (8) -

(11), (i) and (j) of this title (relating to General Notice Provisions);

(2) Publishing Notice of Receipt of Application and Intent to Obtain Permit 

combined with Notice of Application and Preliminary Decision (Combined Notice) as 

follows: 

(A) The published Combined Notice must comply with §39.411(e)(1) -

(3), (4)(A)(i), (5)(A), (6) - (9), and (16) of this title (relating to Text of Public Notice);
TCEQ – GHG Rules Submitted for SIP Approval Page 13

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(B) The published Combined Notice must include the following 

information:

(i) a list of the individual Greenhouse Gases proposed to be 

emitted;

(ii) a summary of the executive director's preliminary decision 

and whether the executive director has prepared a draft permit, and a statement that the 

executive director's draft permit and preliminary decision, preliminary determination 

summary, and air quality analysis, if applicable, are available electronically on the 

commission's Web site; 

(iii) the location, at a public place with internet access in the 

county in which the facility is located or proposed to be located, at which a copy of the 

complete application and the executive director's draft permit and preliminary decision are 

available for review and copying; 

(iv) a brief description of public comment procedures, including 

a description of the manner in which comments regarding the executive director's draft 

permit and preliminary decision, preliminary determination summary, and air quality 

analysis, if applicable may be submitted. The public comment procedures must be printed 

in a font style or size that clearly provides emphasis and distinguishes it from the 

remainder of the Combined Notice; 

(v) a statement that a public meeting will be held by the 

executive director if requested by a member of the legislature who represents the general 

area where the facility is to be located, there is substantial public interest in the proposed 

activity or at the request of any interested person;

(vi) a statement that the comment period will be for at least 30 

days following the last publication of the Combined Notice together with the deadline to 

file comments or request a public meeting; 

(vii) a statement that any comments submitted to EPA 

regarding the application will not be included in the executive director's response to 

comments unless the comments are timely submitted to the commission; and
TCEQ – GHG Rules Submitted for SIP Approval Page 14

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(viii) a statement if the executive director prepares a Response 

to Comments as required by §55.156 of this title (relating to Public Comment Processing), 

the chief clerk will make the executive director's response to public comments available on 

the commission's Web site; and

(C) The Combined Notice must meet the requirements of §39.603(c) 

and (d) of this title (relating to Newspaper Notice) and is required to be published within 

33 days after the chief clerk has mailed the preliminary decision concurrently with the 

notice to the applicant;

(3) Making a copy of the application and certain other documents, as 

applicable, available for review and copying according to the following requirements:

(A) A copy of the application must be available at a public place with 

internet access in the county in which the facility is located or proposed to be located;

(B) The copy of the application must be updated as changes are made, 

if any, to the application; and the entire application must be available for review and 

copying;

(C) A copy of the executive director's preliminary decision, draft 

permit, preliminary determination summary and air quality analysis, if applicable, must be 

made available on the first day of newspaper publication of the Combined Notice required 

by this section and must remain available until the commission has taken action on the 

application; and 

(D) If the application is submitted with confidential information 

indicate in the public file that there is additional information in a confidential file marked 

as confidential by the applicant;

(4) Complying with the requirements of §39.604(a) and (c) - (e) of this title

(relating to Sign-Posting), except that the sign or signs must be in place on the first day of 

publication of the Combined Notice. The signs must remain in place and legible 

throughout the public comment period. The applicant shall provide verification that the 

sign posting was conducted according to §39.604 of this title; and 
TCEQ – GHG Rules Submitted for SIP Approval Page 15

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(5) Complying with §39.605 of this title (relating to Notice to Affected 

Agencies).

(c) The chief clerk shall be responsible for the following additional requirements.

(1) Mailing the Combined Notice as required by §39.602 of this title (relating 

to Mailed Notice).

(2) Transmitting the executive director's response to comments as provided 

for in §39.420(c)(1)(A) - (B), (2), and (d) of this title (relating to Transmittal of the 

Executive Director's Response to Comments and Decision).

(d) The public comment period shall automatically be extended to the close of any 

public meeting or notice and comment hearing.

(e) After the deadline for submitting public comment, final action on an application 

may be taken under Chapter 50 of this title (relating to Action on Applications and Other 

Authorizations).

§39.419. Notice of Application and Preliminary Decision.

(a) After technical review is complete, the executive director shall file the 

preliminary decision and the draft permit with the chief clerk, except for air applications 

under subsection (e) of this section. The chief clerk shall mail the preliminary decision 

concurrently with the Notice of Application and Preliminary Decision. Then, when this 

chapter requires notice under this section, notice must be given as required by subsections 

(b) - (e) of this section. 

(b) The applicant shall publish Notice of Application and Preliminary Decision at 

least once in the same newspaper as the Notice of Receipt of Application and Intent to 

Obtain Permit, unless there are different requirements in this section or a specific 

subchapter in this chapter for a particular type of permit. The applicant shall also publish 

the notice under §39.405(h) of this title (relating to General Notice Provisions), if 

applicable. 
TCEQ – GHG Rules Submitted for SIP Approval Page 16

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(c) Unless mailed notice is otherwise provided under this section, the chief clerk 

shall mail Notice of Application and Preliminary Decision to those listed in §39.413 of this 

title (relating to Mailed Notice). 

(d) The notice must include the information required by §39.411(c) of this title 

(relating to Text of Public Notice). 

(e) For air applications the following apply. 

(1) Air quality permit applications that are filed on or after the effective date 

of this section, are subject to this paragraph. Applications filed before the effective date of 

this section are governed by the rules as they existed immediately before the effective date 

of this section, and those rules [rule] are continued in effect for that purpose. After 

technical review is complete for applications subject to the requirements of requirements 

for Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, 

Subchapter B of this title (relating to New Source Review Permits), the executive director 

shall file the executive director's draft permit and preliminary decision, the preliminary 

determination summary and air quality analysis, as applicable, with the chief clerk and the 

chief clerk shall post these on the commission's Web site. Notice of Application and 

Preliminary Decision must be published as specified in Subchapter K of this chapter 

(relating to Public Notice of Air Quality Permit Applications) and, as applicable, under 

§39.405(h) of this title, unless the application is for any renewal application of an air 

quality permit that would not result in an increase in allowable emissions and would not 

result in the emission of an air contaminant not previously emitted and the application 

does not involve a facility for which the applicant's compliance history is in the lowest 

classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in 

Chapter 60 of this title (relating to Compliance History). 

(2) If notice under this section is required, the chief clerk shall mail notice 

according to §39.602 of this title (relating to Mailed Notice). 

(3) If the applicant is seeking authorization by permit, registration, license, or 

other type of authorization required to construct, operate, or authorize a component of the 

FutureGen project as defined in §91.30 of this title (relating to Definitions), any application 

submitted on or before January 1, 2018, shall be subject to the public notice and 

participation requirements in Chapter 116, Subchapter L of this title (relating to Permits 

for Specific Designated Facilities).
TCEQ – GHG Rules Submitted for SIP Approval Page 17

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

§39.420. Transmittal of the Executive Director's Response to Comments and 

Decision.

(a) Except for air quality permit applications, when required by and subject to 

§55.156 of this title (relating to Public Comment Processing), after the close of the 

comment period, the chief clerk shall transmit to the people listed in subsection (b) of this 

section the following information: 

(1) the executive director's decision; 

(2) the executive director's response to public comments; 

(3) instructions for requesting that the commission reconsider the executive 

director's decision; and 

(4) instructions for requesting a contested case hearing. 

(b) The following persons shall be sent the information listed in subsection (a) of 

this section: 

(1) the applicant; 

(2) any person who requested to be on the mailing list for the permit action; 

(3) any person who submitted comments during the public comment period; 

(4) any person who timely filed a request for a contested case hearing; 

(5) Office of the Public Interest Counsel; and 

(6) Office of Public Assistance. 

(c) When required by and subject to §55.156 of this title, for air quality permit 

applications, after the close of the comment period, the chief clerk shall: 
TCEQ – GHG Rules Submitted for SIP Approval Page 18

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(1) transmit to the people listed in subsection (d) of this section the following 

information: 

(A) the executive director's decision; 

(B) the executive director's response to public comments; 

(C) instructions for requesting that the commission reconsider the 

executive director's decision; and 

(D) instructions, which include the statements in clause (ii) of this 

subparagraph, for requesting a contested case hearing for applications: 

(i) for the following types of applications: 

(I) permit applications which are subject to the 

requirements for Prevention of Significant Deterioration and Nonattainment permits in 

Chapter 116, Subchapter B of this title (relating to New Source Review Permits) as 

described in §39.402(a)(2) of this title (relating to Applicability to Air Quality Permits and 

Permit Amendments); 

(II) permit and permit amendment applications which 

are not subject to the requirements for Prevention of Significant Deterioration and 

Nonattainment permits in Chapter 116, Subchapter B of this title, and for which hearing 

requests were received by the end of the 30-day comment period following the final 

publication of Notice of Receipt of Application and Intent to Obtain Permit, and these 

requests were not withdrawn as described in: 

(-a-) §39.402(a)(1), (3), (11) and (12) of this title; 

and 

(-b-) §39.402(a)(4) and (5) of this title; 

(III) applications described in §39.402(7) of this title; 

and 

(ii) the following statements must be included: 
TCEQ – GHG Rules Submitted for SIP Approval Page 19

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(I) a statement that a person who may be affected by 

emissions of air contaminants from the facility or proposed facility is entitled to request a 

contested case hearing from the commission; 

(II) that a contested case hearing request must include 

the requestor's location relative to the proposed facility or activity; 

(III) that a contested case hearing request should include 

a description of how and why the requestor will be adversely affected by the proposed 

facility or activity in a manner not common to the general public, including a description of 

the requestor's uses of property which may be impacted by the proposed facility or activity; 

(IV) that only relevant and material disputed issues of 

fact raised during the comment period can be considered if a contested case hearing 

request is granted; and 

(V) that a contested case hearing request may not be 

based on issues raised solely in a comment withdrawn by the commenter in writing by 

filing a withdrawal letter with the chief clerk prior to the filing of the Executive Director's 

Response to Comment; and 

(2) for applications subject to the requirements of requirements for 

Prevention of Significant Deterioration and Nonattainment permits in Chapter 116, 

Subchapter B of this title, make available by electronic means on the commission's Web 

site the executive director's draft permit and preliminary decision, the executive director's 

response to public comments, and as applicable, preliminary determination summary and 

air quality analysis. 

(d) The following persons shall be sent the information listed in subsection (c) of 

this section: 

(1) the applicant; 

(2) any person who requested to be on the mailing list for the permit action; 

(3) any person who submitted comments during the public comment period; 
TCEQ – GHG Rules Submitted for SIP Approval Page 20

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(4) any person who timely filed a request for a contested case hearing; 

(5) Office of the Public Interest Counsel; and 

(6) Office of Public Assistance. 

(e) For air quality permit applications which meet the following conditions, items 

listed in subsection (c)(1)(C) and (D) of this section are not required to be included in the 

transmittals: 

(1) applications for which no timely hearing request is submitted in response 

to the Notice of Receipt of Application and Intent to Obtain a Permit; 

(2) applications for which one or more timely hearing requests are submitted 

in response to the Notice of Receipt of Application and Intent to Obtain Permit and for 

which this is the only opportunity to request a hearing, and all of the requests are 

withdrawn before the date the preliminary decision is issued; [or] 

(3) the application is for any renewal application that would not result in an 

increase in allowable emissions and would not result in the emission of an air contaminant 

not previously emitted unless the application involves a facility for which the applicant's 

compliance history is in the lowest classification under Texas Water Code, §5.753 and 

§5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance 

History); or [.]

(4) applications for a Prevention of Significant Deterioration permit that

would authorize only emissions of greenhouse gases as defined in §101.1 of this title 

(relating to Definitions);

(f) For applications for which all timely comments and requests have been 

withdrawn before the filing of the executive director's response to comments, the chief 

clerk shall transmit only the items listed in subsection (a)(1) and (2) of this section and the 

executive director may act on the application under §50.133 of this title (relating to 

Executive Director Action on Application or WQMP Update). 
TCEQ – GHG Rules Submitted for SIP Approval Page 21

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(g) For post-closure order applications under Subchapter N of this chapter (relating 

to Public Notice of Post-Closure Orders), the chief clerk shall transmit only items listed in 

subsection (a)(1) and (2) of this section to the people listed in subsection (b)(1) - (3), (5), 

and (6) of this section. 

(h) For applications for air quality permits under Chapter 116, Subchapter L of this 

title (relating to Permits for Specific Designated Facilities), the chief clerk will not transmit 

the item listed in subsection (a)(4) of this section.
TCEQ – GHG Rules Submitted for SIP Approval Page 22

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER A: GENERAL RULES

§§101.1, 101.10, 101.27

§101.1. Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the 

commission, the terms used by the commission have the meanings commonly ascribed to 

them in the field of air pollution control. In addition to the terms that are defined by the 

TCAA, the following terms, when used in the air quality rules in this title, have the 

following meanings, unless the context clearly indicates otherwise. 

(1) Account--For those sources required to be permitted under Chapter 122 of 

this title (relating to Federal Operating Permits Program), all sources that are aggregated 

as a site. For all other sources, any combination of sources under common ownership or 

control and located on one or more contiguous properties, or properties contiguous except 

for intervening roads, railroads, rights-of-way, waterways, or similar divisions. 

(2) Acid gas flare--A flare used exclusively for the incineration of hydrogen 

sulfide and other acidic gases derived from natural gas sweetening processes. 

(3) Agency established facility identification number--For the purposes of 

Subchapter F of this chapter (relating to Emissions Events and Scheduled Maintenance, 

Startup, and Shutdown Activities), a unique alphanumeric code required to be assigned by 

the owner or operator of a regulated entity that the emission inventory reporting 

requirements of §101.10 of this title (relating to Emissions Inventory Requirements) are 

applicable to each facility at that regulated entity. 

(4) Ambient air--That portion of the atmosphere, external to buildings, to 

which the general public has access. 

(5) Background--Background concentration, the level of air contaminants 

that cannot be reduced by controlling emissions from man-made sources. It is determined 

by measuring levels in non-urban areas. 

(6) Boiler--Any combustion equipment fired with solid, liquid, and/or 

gaseous fuel used to produce steam or to heat water. 
TCEQ – GHG Rules Submitted for SIP Approval Page 23

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(7) Capture system--All equipment (including, but not limited to, hoods, 

ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air 

pollutant to a control device. 

(8) Captured facility--A manufacturing or production facility that generates 

an industrial solid waste or hazardous waste that is routinely stored, processed, or 

disposed of on a shared basis in an integrated waste management unit owned, operated by, 

and located within a contiguous manufacturing complex. 

(9) Carbon adsorber--An add-on control device that uses activated carbon to 

adsorb volatile organic compounds from a gas stream. 

(10) Carbon adsorption system--A carbon adsorber with an inlet and outlet 

for exhaust gases and a system to regenerate the saturated adsorbent. 

(11) Coating--A material applied onto or impregnated into a substrate for 

protective, decorative, or functional purposes. Such materials include, but are not limited 

to, paints, varnishes, sealants, adhesives, thinners, diluents, inks, maskants, and 

temporary protective coatings. 

(12) Cold solvent cleaning--A batch process that uses liquid solvent to remove 

soils from the surfaces of parts or to dry the parts by spraying, brushing, flushing, and/or 

immersion while maintaining the solvent below its boiling point. Wipe cleaning (hand 

cleaning) is not included in this definition. 

(13) Combustion unit--Any boiler plant, furnace, incinerator, flare, engine, or 

other device or system used to oxidize solid, liquid, or gaseous fuels, but excluding motors 

and engines used in propelling land, water, and air vehicles. 

(14) Combustion turbine--Any gas turbine system that is gas and/or liquid 

fuel fired with or without power augmentation. This unit is either attached to a foundation 

or is portable equipment operated at a specific minor or major source for more than 90 

days in any 12-month period. Two or more gas turbines powering one shaft will be treated 

as one unit. 

(15) Commercial hazardous waste management facility--Any hazardous waste 

management facility that accepts hazardous waste or polychlorinated biphenyl compounds 
TCEQ – GHG Rules Submitted for SIP Approval Page 24

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

for a charge, except a captured facility that disposes only waste generated on-site or a 

facility that accepts waste only from other facilities owned or effectively controlled by the 

same person. 

(16) Commercial incinerator--An incinerator used to dispose of waste 

material from retail and wholesale trade establishments. 

(17) Commercial medical waste incinerator--A facility that accepts for 

incineration medical waste generated outside the property boundaries of the facility. 

(18) Component--A piece of equipment, including, but not limited to, pumps, 

valves, compressors, and pressure relief valves that has the potential to leak volatile 

organic compounds. 

(19) Condensate--Liquids that result from the cooling and/or pressure 

changes of produced natural gas. Once these liquids are processed at gas plants or 

refineries or in any other manner, they are no longer considered condensates. 

(20) Construction-demolition waste--Waste resulting from construction or 

demolition projects. 

(21) Control system or control device--Any part, chemical, machine, 

equipment, contrivance, or combination of same, used to destroy, eliminate, reduce, or 

control the emission of air contaminants to the atmosphere. 

(22) Conveyorized degreasing--A solvent cleaning process that uses an 

automated parts handling system, typically a conveyor, to automatically provide a 

continuous supply of parts to be cleaned or dried using either cold solvent or vaporized 

solvent. A conveyorized degreasing process is fully enclosed except for the conveyor inlet 

and exit portals. 

(23) Criteria pollutant or standard--Any pollutant for which there is a 

national ambient air quality standard established under 40 Code of Federal Regulations 

Part 50. 
TCEQ – GHG Rules Submitted for SIP Approval Page 25

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(24) Custody transfer--The transfer of produced crude oil and/or condensate, 

after processing and/or treating in the producing operations, from storage tanks or 

automatic transfer facilities to pipelines or any other forms of transportation. 

(25) De minimis impact--A change in ground level concentration of an air 

contaminant as a result of the operation of any new major stationary source or of the 

operation of any existing source that has undergone a major modification that does not 

exceed the significance levels as specified in 40 Code of Federal Regulations [(CFR)] 

§51.165(b)(2). 

(26) Domestic wastes--The garbage and rubbish normally resulting from the 

functions of life within a residence. 

(27) Emissions banking--A system for recording emissions reduction credits 

so they may be used or transferred for future use. 

(28) Emissions event--Any upset event or unscheduled maintenance, startup, 

or shutdown activity, from a common cause that results in unauthorized emissions of air 

contaminants from one or more emissions points at a regulated entity. 

(29) Emissions reduction credit--Any stationary source emissions reduction 

that has been banked in accordance with Chapter 101, Subchapter H, Division 1 of this title 

(relating to Emission Credit Banking and Trading). 

(30) Emissions reduction credit certificate--The certificate issued by the 

executive director that indicates the amount of qualified reduction available for use as 

offsets and the length of time the reduction is eligible for use. 

(31) Emissions unit--Any part of a stationary source that emits, or would 

have the potential to emit, any pollutant subject to regulation under the Federal Clean Air 

Act. 

(32) Excess opacity event--When an opacity reading is equal to or exceeds 15 

additional percentage points above an applicable opacity limit, averaged over a six-minute 

period. 
TCEQ – GHG Rules Submitted for SIP Approval Page 26

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(33) Exempt solvent--Those carbon compounds or mixtures of carbon 

compounds used as solvents that have been excluded from the definition of volatile organic 

compound. 

(34) External floating roof--A cover or roof in an open top tank that rests 

upon or is floated upon the liquid being contained and is equipped with a single or double 

seal to close the space between the roof edge and tank shell. A double seal consists of two 

complete and separate closure seals, one above the other, containing an enclosed space 

between them. 

(35) Federal motor vehicle regulation--Control of Air Pollution from Motor 

Vehicles and Motor Vehicle Engines, 40 Code of Federal Regulations Part 85. 

(36) Federally enforceable--All limitations and conditions that are 

enforceable by the United States Environmental Protection Agency administrator, 

including those requirements developed under 40 Code of Federal Regulations (CFR) Parts 

60 and 61; requirements within any applicable state implementation plan (SIP); and any 

permit requirements established under 40 CFR §52.21 or under regulations approved 

under 40 CFR Part 51, Subpart 1, including operating permits issued under the approved 

program that is incorporated into the SIP and that expressly requires adherence to any 

permit issued under such program. 

(37) Flare--An open combustion unit (i.e., lacking an enclosed combustion 

chamber) whose combustion air is provided by uncontrolled ambient air around the flame, 

and that is used as a control device. A flare may be equipped with a radiant heat shield 

(with or without a refractory lining), but is not equipped with a flame air control damping 

system to control the air/fuel mixture. In addition, a flare may also use auxiliary fuel. The 

combustion flame may be elevated or at ground level. A vapor combustor, as defined in this 

section, is not considered a flare. 

(38) Fuel oil--Any oil meeting the American Society for Testing and Materials 

(ASTM) specifications for fuel oil in ASTM D396-01, Standard Specifications for Fuel Oils, 

revised 2001. This includes fuel oil grades 1, 1 (Low Sulfur), 2, 2 (Low Sulfur), 4 (Light), 4, 

5 (Light), 5 (Heavy), and 6. 
TCEQ – GHG Rules Submitted for SIP Approval Page 27

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(39) Fugitive emission--Any gaseous or particulate contaminant entering the 

atmosphere that could not reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening designed to direct or control its flow. 

(40) Garbage--Solid waste consisting of putrescible animal and vegetable 

waste materials resulting from the handling, preparation, cooking, and consumption of 

food, including waste materials from markets, storage facilities, and handling and sale of 

produce and other food products. 

(41) Gasoline--Any petroleum distillate having a Reid vapor pressure of four 

pounds per square inch (27.6 kilopascals) or greater that is produced for use as a motor 

fuel, and is commonly called gasoline. 

(42) Greenhouse gases (GHGs)--the aggregate group of six greenhouse gases: 

carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

(43) [(42)] Hazardous wastes--Any solid waste identified or listed as a 

hazardous waste by the administrator of the United States Environmental Protection 

Agency under the federal Solid Waste Disposal Act, as amended by Resource Conservation 

and Recovery Act, 42 United States Code, §§6901 et seq., as amended. 

(44) [(43)] Heatset (used in offset lithographic printing)--Any operation 

where heat is required to evaporate ink oil from the printing ink. Hot air dryers are used to 

deliver the heat. 

(45) [(44)] High-bake coatings--Coatings designed to cure at temperatures 

above 194 degrees Fahrenheit. 

(46) [(45)] High-volume low-pressure spray guns--Equipment used to apply 

coatings by means of a spray gun that operates between 0.1 and 10.0 pounds per square 

inch gauge air pressure measured at the air cap. 

(47) [(46)] Incinerator--An enclosed combustion apparatus and attachments 

that is used in the process of burning wastes for the primary purpose of reducing its 

volume and weight by removing the combustibles of the waste and is equipped with a flue 

for conducting products of combustion to the atmosphere. Any combustion device that 
TCEQ – GHG Rules Submitted for SIP Approval Page 28

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

burns 10% or more of solid waste on a total British thermal unit (Btu) heat input basis 

averaged over any one-hour period is considered to be an incinerator. A combustion device 

without instrumentation or methodology to determine hourly flow rates of solid waste and 

burning 1.0% or more of solid waste on a total Btu heat input basis averaged annually is 

also considered to be an incinerator. An open-trench type (with closed ends) combustion 

unit may be considered an incinerator when approved by the executive director. Devices 

burning untreated wood scraps, waste wood, or sludge from the treatment of wastewater 

from the process mills as a primary fuel for heat recovery are not included under this 

definition. Combustion devices permitted under this title as combustion devices other than 

incinerators will not be considered incinerators for application of any rule within this title 

provided they are installed and operated in compliance with the condition of all applicable 

permits. 

(48) [(47)] Industrial boiler--A boiler located on the site of a facility engaged 

in a manufacturing process where substances are transformed into new products, 

including the component parts of products, by mechanical or chemical processes. 

(49) [(48)] Industrial furnace--Cement kilns; lime kilns; aggregate kilns; 

phosphate kilns; coke ovens; blast furnaces; smelting, melting, or refining furnaces, 

including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering 

machines, roasters, or foundry furnaces; titanium dioxide chloride process oxidation 

reactors; methane reforming furnaces; pulping recovery furnaces; combustion devices 

used in the recovery of sulfur values from spent sulfuric acid; and other devices the 

commission may list. 

(50) [(49)] Industrial solid waste--Solid waste resulting from, or incidental 

to, any process of industry or manufacturing, or mining or agricultural operations, 

classified as follows.

(A) Class 1 industrial solid waste or Class 1 waste is any industrial solid 

waste designated as Class 1 by the executive director as any industrial solid waste or 

mixture of industrial solid wastes that because of its concentration or physical or chemical 

characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of 

sudden pressure by decomposition, heat, or other means, and may pose a substantial 

present or potential danger to human health or the environment when improperly 

processed, stored, transported, or otherwise managed, including hazardous industrial 
TCEQ – GHG Rules Submitted for SIP Approval Page 29

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

waste, as defined in §335.1 and §335.505 of this title (relating to Definitions and Class 1 

Waste Determination). 

(B) Class 2 industrial solid waste is any individual solid waste or 

combination of industrial solid wastes that cannot be described as Class 1 or Class 3, as 

defined in §335.506 of this title (relating to Class 2 Waste Determination). 

(C) Class 3 industrial solid waste is any inert and essentially insoluble 

industrial solid waste, including materials such as rock, brick, glass, dirt, and certain 

plastics and rubber, etc., that are not readily decomposable as defined in §335.507 of this 

title (relating to Class 3 Waste Determination). 

(51) [(50)] Internal floating cover--A cover or floating roof in a fixed roof tank 

that rests upon or is floated upon the liquid being contained, and is equipped with a 

closure seal or seals to close the space between the cover edge and tank shell. 

(52) [(51)] Leak--A volatile organic compound concentration greater than 

10,000 parts per million by volume or the amount specified by applicable rule, whichever 

is lower; or the dripping or exuding of process fluid based on sight, smell, or sound. 

(53) [(52)] Liquid fuel--A liquid combustible mixture, not derived from 

hazardous waste, with a heating value of at least 5,000 British thermal units per pound. 

(54) [(53)] Liquid-mounted seal--A primary seal mounted in continuous 

contact with the liquid between the tank wall and the floating roof around the 

circumference of the tank. 

(55) [(54)] Maintenance area--A geographic region of the state previously 

designated nonattainment under the Federal Clean Air Act Amendments of 1990 and 

subsequently redesignated to attainment subject to the requirement to develop a 

maintenance plan under 42 United States Code, §7505a, as described in 40 Code of Federal 

Regulations Part 81 and in pertinent Federal Register notices. 

(56) [(55)] Maintenance plan--A revision to the applicable state 

implementation plan, meeting the requirements of 42 United States Code, §7505a. 
TCEQ – GHG Rules Submitted for SIP Approval Page 30

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(57) [(56)] Marine vessel--Any watercraft used, or capable of being used, as a 

means of transportation on water, and that is constructed or adapted to carry, or that 

carries, oil, gasoline, or other volatile organic liquid in bulk as a cargo or cargo residue. 

(58) [(57)] Mechanical shoe seal--A metal sheet that is held vertically against 

the storage tank wall by springs or weighted levers and is connected by braces to the 

floating roof. A flexible coated fabric (envelope) spans the annular space between the metal 

sheet and the floating roof. 

(59) [(58)] Medical waste--Waste materials identified by the Department of 

State Health Services as "special waste from health care-related facilities" and those waste 

materials commingled and discarded with special waste from health care-related facilities. 

(60) [(59)] Metropolitan Planning Organization--That organization 

designated as being responsible, together with the state, for conducting the continuing, 

cooperative, and comprehensive planning process under 23 United States Code (USC), 

§134 and 49 USC, §1607. 

(61) [(60)] Mobile emissions reduction credit--The credit obtained from an 

enforceable, permanent, quantifiable, and surplus (to other federal and state rules) 

emissions reduction generated by a mobile source as set forth in Chapter 114, Subchapter F 

of this title (relating to Vehicle Retirement and Mobile Emission Reduction Credits), and 

that has been banked in accordance with Subchapter H, Division 1 of this chapter (relating 

to Emission Credit Banking and Trading). 

(62) [(61)] Motor vehicle--A self-propelled vehicle designed for transporting 

persons or property on a street or highway. 

(63) [(62)] Motor vehicle fuel dispensing facility--Any site where gasoline is 

dispensed to motor vehicle fuel tanks from stationary storage tanks. 

(64) [(63)] Municipal solid waste--Solid waste resulting from, or incidental 

to, municipal, community, commercial, institutional, and recreational activities, including 

garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all 

other solid waste except industrial solid waste. 
TCEQ – GHG Rules Submitted for SIP Approval Page 31

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(65) [(64)] Municipal solid waste facility--All contiguous land, structures, 

other appurtenances, and improvements on the land used for processing, storing, or 

disposing of solid waste. A facility may be publicly or privately owned and may consist of 

several processing, storage, or disposal operational units, e.g., one or more landfills, 

surface impoundments, or combinations of them. 

(66) [(65)] Municipal solid waste landfill--A discrete area of land or an 

excavation that receives household waste and that is not a land application unit, surface 

impoundment, injection well, or waste pile, as those terms are defined under 40 Code of 

Federal Regulations §257.2. A municipal solid waste landfill (MSWLF) unit also may 

receive other types of Resource Conservation and Recovery Act Subtitle D wastes, such as 

commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity 

generator waste, and industrial solid waste. Such a landfill may be publicly or privately 

owned. An MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral 

expansion. 

(67) [(66)] National ambient air quality standard--Those standards 

established under 42 United States Code, §7409, including standards for carbon monoxide, 

lead, nitrogen dioxide, ozone, inhalable particulate matter, and sulfur dioxide. 

(68) [(67)] Net ground-level concentration--The concentration of an air 

contaminant as measured at or beyond the property boundary minus the representative 

concentration flowing onto a property as measured at any point. Where there is no 

expected influence of the air contaminant flowing onto a property from other sources, the 

net ground level concentration may be determined by a measurement at or beyond the 

property boundary. 

(69) [(68)] New source--Any stationary source, the construction or 

modification of which was commenced after March 5, 1972. 

(70) [(69)] Nitrogen oxides (NOX)-- The sum of the nitric oxide and nitrogen 

dioxide in the flue gas or emission point, collectively expressed as nitrogen dioxide. 

(71) [(70)] Nonattainment area--A defined region within the state that is 

designated by the United States Environmental Protection Agency (EPA) as failing to meet 

the national ambient air quality standard (NAAQS or standard) for a pollutant for which a 

standard exists. The EPA will designate the area as nonattainment under the provisions of 
TCEQ – GHG Rules Submitted for SIP Approval Page 32

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

42 United States Code, §7407(d). For the official list and boundaries of nonattainment 

areas, see 40 Code of Federal Regulations (CFR) Part 81 and pertinent Federal Register 

notices. The designations and classifications for the one-hour ozone national ambient air 

quality standard in 40 CFR Part 81 were retained for the purpose of anti-backsliding and 

upon determination by the EPA that any requirement is no longer required for purposes of 

anti-backsliding, then that requirement no longer applies. 

(72) [(71)] Non-reportable emissions event--Any emissions event that in any 

24-hour period does not result in an unauthorized emission from any emissions point 

equal to or in excess of the reportable quantity as defined in this section. 

(73) [(72)] Opacity--The degree to which an emission of air contaminants 

obstructs the transmission of light expressed as the percentage of light obstructed as 

measured by an optical instrument or trained observer. 

(74) [(73)] Open-top vapor degreasing--A batch solvent cleaning process that 

is open to the air and that uses boiling solvent to create solvent vapor used to clean or dry 

parts through condensation of the hot solvent vapors on the parts. 

(75) [(74)] Outdoor burning--Any fire or smoke-producing process that is not 

conducted in a combustion unit. 

(76) [(75)] Particulate matter--Any material, except uncombined water, that 

exists as a solid or liquid in the atmosphere or in a gas stream at standard conditions. 

(A) Particulate matter with diameters less than 10 micrometers 

(PM10)--Particulate matter with an aerodynamic diameter less than or equal to a nominal 

ten micrometers as measured by a reference method based on 40 Code of Federal 

Regulations (CFR) Part 50, Appendix J, and designated in accordance with 40 CFR Part 

53, or by an equivalent method designated with that Part 53. 

(B) Particulate matter with diameters less than 2.5 micrometers 

(PM2.5)--Particulate matter with an aerodynamic diameter less than or equal to a nominal 

2.5 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix L, 

and designated in accordance with 40 CFR Part 53, or by an equivalent method designated 

with that Part 53. 
TCEQ – GHG Rules Submitted for SIP Approval Page 33

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(77) [(76)] Particulate matter emissions--All finely-divided solid or liquid 

material, other than uncombined water, emitted to the ambient air as measured by United 

States Environmental Protection Agency Reference Method 5, as specified at 40 Code of 

Federal Regulations (CFR) Part 60, Appendix A, modified to include particulate caught by 

an impinger train; by an equivalent or alternative method, as specified at 40 CFR Part 51; 

or by a test method specified in an approved state implementation plan. 

(A) Direct PM emissions--Solid particles emitted directly from an air 

emissions source or activity, or gaseous emissions or liquid droplets from an air emissions 

source or activity which condense to form particulate matter at ambient temperatures. 

Direct 2.5 micrometers (PM2.5) emissions include elemental carbon, directly emitted 

organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic 

particles (including but not limited to crustal materials, metals, and sea salt). 

(B) Secondary PM emissions--Those air pollutants other than PM2.5

direct emissions that contribute to the formation of PM2.5. PM2.5 precursors include sulfur 

dioxide (SO2), nitrogen oxides (NOX), volatile organic compounds, and ammonia. 

(78) [(77)] Petroleum refinery--Any facility engaged in producing gasoline, 

kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through 

distillation of crude oil, or through the redistillation, cracking, extraction, reforming, or 

other processing of unfinished petroleum derivatives. 

(79) [(78)] PM2.5 emissions--Finely-divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or alternative 

method specified in 40 Code of Federal Regulations Part 51, or by a test method approved 

under a state implementation plan or under a United States Environmental Protection 

Agency delegation or approval. 

(80) [(79)] PM10 emissions--Finely-divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or alternative 

method specified in 40 Code of Federal Regulations Part 51, or by a test method specified 

in an approved state implementation plan. 
TCEQ – GHG Rules Submitted for SIP Approval Page 34

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(81) [(80)] Polychlorinated biphenyl compound--A compound subject to 40 

Code of Federal Regulations Part 761. 

(82) [(81)] Process or processes--Any action, operation, or treatment 

embracing chemical, commercial, industrial, or manufacturing factors such as combustion 

units, kilns, stills, dryers, roasters, and equipment used in connection therewith, and all 

other methods or forms of manufacturing or processing that may emit smoke, particulate 

matter, gaseous matter, or visible emissions. 

(83) [(82)] Process weight per hour--"Process weight" is the total weight of 

all materials introduced or recirculated into any specific process that may cause any 

discharge of air contaminants into the atmosphere. Solid fuels charged into the process will 

be considered as part of the process weight, but liquid and gaseous fuels and combustion 

air will not. The "process weight per hour" will be derived by dividing the total process 

weight by the number of hours in one complete operation from the beginning of any given 

process to the completion thereof, excluding any time during that the equipment used to 

conduct the process is idle. For continuous operation, the "process weight per hour" will be 

derived by dividing the total process weight for a 24-hour period by 24. 

(84) [(83)] Property--All land under common control or ownership coupled 

with all improvements on such land, and all fixed or movable objects on such land, or any 

vessel on the waters of this state. 

(85) [(84)] Reasonable further progress--Annual incremental reductions in 

emissions of the applicable air contaminant that are sufficient to provide for attainment of 

the applicable national ambient air quality standard in the designated nonattainment areas

by the date required in the state implementation plan.

(86) [(85)] Regulated entity--All regulated units, facilities, equipment, 

structures, or sources at one street address or location that are owned or operated by the 

same person. The term includes any property under common ownership or control 

identified in a permit or used in conjunction with the regulated activity at the same street 

address or location. Owners or operators of pipelines, gathering lines, and flowlines under 

common ownership or control in a particular county may be treated as a single regulated 

entity for purposes of assessment and regulation of emissions events. 
TCEQ – GHG Rules Submitted for SIP Approval Page 35

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(87) [(86)] Remote reservoir cold solvent cleaning--Any cold solvent cleaning 

operation in which liquid solvent is pumped to a sink-like work area that drains solvent 

back into an enclosed container while parts are being cleaned, allowing no solvent to pool 

in the work area. 

(88) [(87)] Reportable emissions event--Any emissions event that in any 24-

hour period, results in an unauthorized emission from any emissions point equal to or in 

excess of the reportable quantity as defined in this section. 

(89) [(88)] Reportable quantity (RQ)--Is as follows: 

(A) for individual air contaminant compounds and specifically listed 

mixtures by name or Chemical Abstracts Service (CAS) number, either: 

(i) the lowest of the quantities: 

(I) listed in 40 Code of Federal Regulations (CFR) Part 

302, Table 302.4, the column "final RQ"; 

(II) listed in 40 CFR Part 355, Appendix A, the column 

"Reportable Quantity"; or 

(III) listed as follows: 

(-a-) acetaldehyde - 1,000 pounds, except in the 

Houston-Galveston-Brazoria (HGB) and Beaumont-Port Arthur (BPA) ozone 

nonattainment areas as defined in paragraph (70) of this section, where the RQ must be 

100 pounds; 

(-b-) butanes (any isomer) - 5,000 pounds; 

(-c-) butenes (any isomer, except 1,3-butadiene) -

5,000 pounds, except in the HGB and BPA ozone nonattainment areas as defined in 

paragraph (70) of this section, where the RQ must be 100 pounds; 

(-d-) carbon monoxide - 5,000 pounds; 
TCEQ – GHG Rules Submitted for SIP Approval Page 36

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(-e-) 1-chloro-1,1-difluoroethane (HCFC-142b) -

5,000 pounds; 

(-f-) chlorodifluoromethane (HCFC-22) - 5,000 

pounds; 

(-g-) 1-chloro-1-fluoroethane (HCFC-151a) - 5,000 

pounds; 

(-h-) chlorofluoromethane (HCFC-31) - 5,000 

pounds; 

(-i-) chloropentafluoroethane (CFC-115) - 5,000 

pounds; 

(-j-) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC124) - 5,000 pounds; 

(-k-) 1-chloro-1,1,2,2 tetrafluoroethane (HCFC124a) - 5,000 pounds; 

(-l-) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 

43-10mee) - 5,000 pounds; 

(-m-) decanes (any isomer) - 5,000 pounds; 

(-n-) 1,1-dichloro-1-fluoroethane (HCFC-141b) -

5,000 pounds; 

(-o-) 3,3-dichloro-1,1,2,2-pentafluoropropane 

(HCFC-225ca) - 5,000 pounds; 

(-p-) 1,3-dichloro-1,1,2,2,3-pentafluoropropane 

(HCFC-225cb) - 5,000 pounds; 

(-q-) 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC

[CFR]-114) - 5,000 pounds; 
TCEQ – GHG Rules Submitted for SIP Approval Page 37

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(-r-) 1,1-dichlorotetrafluoroethane (CFC-114a) -

5,000 pounds; 

(-s-) 1,2-dichloro-1,1,2-trifluoroethane (HCFC123a) - 5,000 pounds; 

(-t-) 1,1-difluoroethane (HFC-152a) - 5,000 

pounds; 

(-u-) difluoromethane (HFC-32) - 5,000 pounds; 

(-v-) ethanol - 5,000 pounds; 

(-w-) ethylene - 5,000 pounds, except in the HGB 

and BPA ozone nonattainment areas as defined in paragraph (70) of this section, where the 

RQ must be 100 pounds; 

(-x-) ethylfluoride (HFC-161) - 5,000 pounds; 

(-y-) 1,1,1,2,3,3,3-heptafluoropropane (HFC227ea) - 5,000 pounds; 

(-z-) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) -

5,000 pounds; 

(-aa-) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

- 5,000 pounds; 

(-bb-) hexanes (any isomer) - 5,000 pounds; 

(-cc-) isopropyl alcohol - 5,000 pounds; 

(-dd-) mineral spirits - 5,000 pounds; 

(-ee-) octanes (any isomer) - 5,000 pounds; 
TCEQ – GHG Rules Submitted for SIP Approval Page 38

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(-ff-) oxides of nitrogen - 200 pounds in ozone 

nonattainment, ozone maintenance, early action compact areas, Nueces County, and San 

Patricio County, and 5,000 pounds in all other areas of the state, which should be used 

instead of the RQs for nitrogen oxide and nitrogen dioxide provided in 40 CFR Part 302, 

Table 302.4, the column "final RQ"; 

(-gg-) pentachlorofluoroethane (CFC [CFR]-111) -

5,000 pounds; 

(-hh-) 1,1,1,3,3-pentafluorobutane (HFC-365mfc)

- 5,000 pounds; 

(-ii-) pentafluoroethane (HFC-125) - 5,000 

pounds; 

(-jj-) 1,1,2,2,3-pentafluoropropane (HFC-245ca) -

5,000 pounds; 

(-kk-) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 

- 5,000 pounds; 

(-ll-) 1,1,1,2,3-pentafluoropropane (HFC-245eb) -

5,000 pounds; 

(-mm-) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 

- 5,000 pounds; 

(-nn-) pentanes (any isomer) - 5,000 pounds; 

(-oo-) propane - 5,000 pounds; 

(-pp-) propylene - 5,000 pounds, except in the 

HGB and BPA ozone nonattainment areas as defined in paragraph (70) of this section, 

where the RQ must be 100 pounds; 

(-qq-) 1,1,2,2-terachlorodifluoroethane (CFC

[CFR]-112) - 5,000 pounds; 
TCEQ – GHG Rules Submitted for SIP Approval Page 39

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(-rr-) 1,1,1,2-tetrachlorodifluoroethane (CFC-112a) 

- 5,000 pounds; 

(-ss-) 1,1,2,2-tetrafluoroethane (HFC-134) - 5,000 

pounds; 

(-tt-) 1,1,1,2-tetrafluoroethane (HFC-134a) - 5,000 

pounds; 

(-uu-) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC

[CFR]-113) - 5,000 pounds; 

(-vv-) 1,1,1-trichloro-2,2,2-trilfloroethane (CFC113a) - 5,000 pounds; 

(-ww-) 1,1,1-trifluoro-2,2-dichloroethane (HCFC123) - 5,000 pounds; 

(-xx-) 1,1,1-trifluoroethane (HFC-143a) - 5,000 

pounds; 

(-yy-) trifluoromethane (HFC-23) - 5,000 pounds; 

[or]

(-zz-) toluene - 1,000 pounds, except in the HGB 

and BPA ozone nonattainment areas as defined in paragraph (70) of this section, where the 

RQ must be 100 pounds; or

(-aaa-) 3-Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro4-(trifluoromethyl)-, CAS No. 756-13-8, or C6 fluoroketone – 5,000 pounds;

(ii) if not listed in clause (i) of this subparagraph, 100 pounds; 

(iii) for greenhouse gases, individually or collectively, there is 

no reportable quantity, except for the specific individual air contaminant compounds listed 

in this paragraph;
TCEQ – GHG Rules Submitted for SIP Approval Page 40

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(B) for mixtures of air contaminant compounds: 

(i) where the relative amount of individual air contaminant 

compounds is known through common process knowledge or prior engineering analysis or 

testing, any amount of an individual air contaminant compound that equals or exceeds the 

amount specified in subparagraph (A) of this paragraph; 

(ii) where the relative amount of individual air contaminant 

compounds in subparagraph (A)(i) of this paragraph is not known, any amount of the 

mixture that equals or exceeds the amount for any single air contaminant compound that 

is present in the mixture and listed in subparagraph (A)(i) of this paragraph; 

(iii) where each of the individual air contaminant compounds 

listed in subparagraph (A)(i) of this paragraph are known to be less than 0.02% by weight 

of the mixture, and each of the other individual air contaminant compounds covered by 

subparagraph (A)(ii) of this paragraph are known to be less than 2.0% by weight of the 

mixture, any total amount of the mixture of air contaminant compounds greater than or 

equal to 5,000 pounds; or 

(iv) where natural gas excluding carbon dioxide, water, 

nitrogen, methane, ethane, noble gases, hydrogen, and oxygen or air emissions from crude 

oil are known to be in an amount greater than or equal to 5,000 pounds or the associated 

hydrogen sulfide and mercaptans in a total amount greater than 100 pounds, whichever 

occurs first; 

(C) for opacity from boilers and combustion turbines as defined in this

section fueled by natural gas, coal, lignite, wood, fuel oil containing hazardous air 

pollutants at a concentration of less than 0.02% by weight, opacity that is equal to or 

exceeds 15 additional percentage points above the applicable limit, averaged over a sixminute period. Opacity is the only RQ applicable to boilers and combustion turbines 

described in this paragraph; or

(D) for facilities where air contaminant compounds are measured 

directly by a continuous emission monitoring system providing updated readings at a 

minimum 15-minute interval an amount, approved by the executive director based on any 

relevant conditions and a screening model, that would be reported prior to ground level 

concentrations reaching at any distance beyond the closest regulated entity property line: 
TCEQ – GHG Rules Submitted for SIP Approval Page 41

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(i) less than one-half of any applicable ambient air standards; 

and 

(ii) less than two times the concentration of applicable air 

emission limitations.

(90) [(89)] Rubbish--Nonputrescible solid waste, consisting of both 

combustible and noncombustible waste materials. Combustible rubbish includes paper, 

rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and 

similar materials. Noncombustible rubbish includes glass, crockery, tin cans, aluminum 

cans, metal furniture, and like materials that will not burn at ordinary incinerator 

temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). 

(91) [(90)] Scheduled maintenance, startup, or shutdown activity--For 

activities with unauthorized emissions that are expected to exceed a reportable quantity 

(RQ), a scheduled maintenance, startup, or shutdown activity is an activity that the owner 

or operator of the regulated entity whether performing or otherwise affected by the 

activity, provides prior notice and a final report as required by §101.211 of this title 

(relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping 

Requirements); the notice or final report includes the information required in §101.211 of 

this title; and the actual unauthorized emissions from the activity do not exceed the 

emissions estimates submitted in the initial notification by more than an RQ. For activities 

with unauthorized emissions that are not expected to, and do not, exceed an RQ, a 

scheduled maintenance, startup, or shutdown activity is one that is recorded as required by 

§101.211 of this title. Expected excess opacity events as described in §101.201(e) of this title 

(relating to Emissions Event Reporting and Recordkeeping Requirements) resulting from 

scheduled maintenance, startup, or shutdown activities are those that provide prior notice 

(if required), and are recorded and reported as required by §101.211 of this title. 

(92) [(91)] Sludge--Any solid or semi-solid, or liquid waste generated from a 

municipal, commercial, or industrial wastewater treatment plant; water supply treatment 

plant, exclusive of the treated effluent from a wastewater treatment plant; or air pollution 

control equipment. 
TCEQ – GHG Rules Submitted for SIP Approval Page 42

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(93) [(92)] Smoke--Small gas-born particles resulting from incomplete 

combustion consisting predominately of carbon and other combustible material and 

present in sufficient quantity to be visible. 

(94) [(93)] Solid waste--Garbage, rubbish, refuse, sludge from a waste water 

treatment plant, water supply treatment plant, or air pollution control equipment, and 

other discarded material, including solid, liquid, semisolid, or containerized gaseous 

material resulting from industrial, municipal, commercial, mining, and agricultural 

operations and from community and institutional activities. The term does not include: 

(A) solid or dissolved material in domestic sewage, or solid or 

dissolved material in irrigation return flows, or industrial discharges subject to regulation 

by permit issued under the Texas Water Code, Chapter 26; 

(B) soil, dirt, rock, sand, and other natural or man-made inert solid 

materials used to fill land, if the object of the fill is to make the land suitable for the 

construction of surface improvements; or 

(C) waste materials that result from activities associated with the 

exploration, development, or production of oil or gas, or geothermal resources, and other 

substance or material regulated by the Railroad Commission of Texas under Natural 

Resources Code, §91.101, unless the waste, substance, or material results from activities 

associated with gasoline plants, natural gas liquids processing plants, pressure 

maintenance plants, or repressurizing plants and is hazardous waste as defined by the 

administrator of the United States Environmental Protection Agency under the federal 

Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, as 

amended (42 United States Code, §§6901 et seq.). 

(95) [(94)] Sour crude--A crude oil that will emit a sour gas when in 

equilibrium at atmospheric pressure. 

(96) [(95)] Sour gas--Any natural gas containing more than 1.5 grains of 

hydrogen sulfide per 100 cubic feet, or more than 30 grains of total sulfur per 100 cubic 

feet. 

(97) [(96)] Source--A point of origin of air contaminants, whether privately 

or publicly owned or operated. Upon request of a source owner, the executive director shall 
TCEQ – GHG Rules Submitted for SIP Approval Page 43

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

determine whether multiple processes emitting air contaminants from a single point of 

emission will be treated as a single source or as multiple sources. 

(98) [(97)] Special waste from health care-related facilities--A solid waste 

that if improperly treated or handled, may serve to transmit infectious disease(s) and that 

is comprised of the following: animal waste, bulk blood and blood products, 

microbiological waste, pathological waste, and sharps.

(99) [(98)] Standard conditions--A condition at a temperature of 68 degrees 

Fahrenheit (20 degrees Centigrade) and a pressure of 14.7 pounds per square inch absolute 

(101.3 kiloPascals). 

(100) [(99)] Standard metropolitan statistical area--An area consisting of a 

county or one or more contiguous counties that is officially so designated by the United 

States Bureau of the Budget. 

(101) [(100)] Submerged fill pipe--A fill pipe that extends from the top of a 

tank to have a maximum clearance of six inches (15.2 centimeters) from the bottom or, 

when applied to a tank that is loaded from the side, that has a discharge opening entirely 

submerged when the pipe used to withdraw liquid from the tank can no longer withdraw 

liquid in normal operation. 

(102) [(101)] Sulfur compounds--All inorganic or organic chemicals having 

an atom or atoms of sulfur in their chemical structure. 

(103) [(102)] Sulfuric acid mist/sulfuric acid--Emissions of sulfuric acid mist 

and sulfuric acid are considered to be the same air contaminant calculated as H2 SO4 and 

must include sulfuric acid liquid mist, sulfur trioxide, and sulfuric acid vapor as measured 

by Test Method 8 in 40 Code of Federal Regulations Part 60, Appendix A. 

(104) [(103)] Sweet crude oil and gas--Those crude petroleum hydrocarbons 

that are not "sour" as defined in this section. 

(105) [(104)] Total suspended particulate--Particulate matter as measured by 

the method described in 40 Code of Federal Regulations Part 50, Appendix B. 
TCEQ – GHG Rules Submitted for SIP Approval Page 44

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(106) [(105)] Transfer efficiency--The amount of coating solids deposited 

onto the surface or a part of product divided by the total amount of coating solids delivered 

to the coating application system. 

(107) [(106)] True vapor pressure--The absolute aggregate partial vapor 

pressure, measured in pounds per square inch absolute, of all volatile organic compounds 

at the temperature of storage, handling, or processing. 

(108) [(107)] Unauthorized emissions--Emissions of any air contaminant 

except [carbon dioxide,] water, nitrogen, [methane,] ethane, noble gases, hydrogen, and 

oxygen that exceed any air emission limitation in a permit, rule, or order of the 

commission or as authorized by Texas Health and Safety Code Texas Clean Air Act, 

§382.0518(g). 

(109) [(108)] Unplanned maintenance, startup, or shutdown activity--For 

activities with unauthorized emissions that are expected to exceed a reportable quantity or 

with excess opacity, an unplanned maintenance, startup, or shutdown activity is: 

(A) a startup or shutdown that was not part of normal or routine 

facility operations, is unpredictable as to timing, and is not the type of event normally 

authorized by permit; or 

(B) a maintenance activity that arises from sudden and unforeseeable 

events beyond the control of the operator that requires the immediate corrective action to 

minimize or avoid an upset or malfunction. 

(110) [(109)] Upset event--An unplanned and unavoidable breakdown or 

excursion of a process or operation that results in unauthorized emissions. A maintenance, 

startup, or shutdown activity that was reported under §101.211 of this title (relating to 

Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping 

Requirements), but had emissions that exceeded the reported amount by more than a 

reportable quantity due to an unplanned and unavoidable breakdown or excursion of a 

process or operation is an upset event. 

(111) [(110)] Utility boiler--A boiler used to produce electric power, steam, or 

heated or cooled air, or other gases or fluids for sale. 
TCEQ – GHG Rules Submitted for SIP Approval Page 45

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(112) [(111)] Vapor combustor--A partially enclosed combustion device used 

to destroy volatile organic compounds by smokeless combustion without extracting energy 

in the form of process heat or steam. The combustion flame may be partially visible, but at 

no time does the device operate with an uncontrolled flame. Auxiliary fuel and/or a flame 

air control damping system that can operate at all times to control the air/fuel mixture to 

the combustor's flame zone, may be required to ensure smokeless combustion during 

operation. 

(113) [(112)] Vapor-mounted seal--A primary seal mounted so there is an 

annular space underneath the seal. The annular vapor space is bounded by the bottom of 

the primary seal, the tank wall, the liquid surface, and the floating roof or cover. 

(114) [(113)] Vent--Any duct, stack, chimney, flue, conduit, or other device 

used to conduct air contaminants into the atmosphere. 

(115) [(114)] Visible emissions--Particulate or gaseous matter that can be 

detected by the human eye. The radiant energy from an open flame is not considered a 

visible emission under this definition. 

(116) [(115)] Volatile organic compound--As defined in 40 Code of Federal 

Regulations §51.100(s), except §51.100(s)(2) - (4), as amended on January 21, 2009 (74 FR 

3441). 

(117) [(116)] Volatile organic compound (VOC) water separator--Any tank, 

box, sump, or other container in which any VOC, floating on or contained in water entering 

such tank, box, sump, or other container, is physically separated and removed from such 

water prior to outfall, drainage, or recovery of such water.

§101.10. Emissions Inventory Requirements.

(a) Applicability. The owner or operator of an account or source in the State of Texas 

or on waters that extend 25 miles from the shoreline meeting one or more of the following 

conditions shall submit emissions inventories [and/] or related data as required in 

subsection (b) of this section to the commission on forms or other media approved by the 

commission: 
TCEQ – GHG Rules Submitted for SIP Approval Page 46

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(1) an account which meets the definition of a major facility/stationary 

source, as defined in §116.12 of this title (relating to Nonattainment and Prevention of 

Significant Deterioration Review Definitions);

(2) [or] any account in an ozone nonattainment area emitting a minimum of 

ten tons per year (tpy) volatile organic compounds (VOC), 25 tpy nitrogen oxides (NOX), or 

100 tpy or more of any other contaminant subject to national ambient air quality standards 

(NAAQS); 

(3) [(2)] any account that emits or has the potential to emit 100 tpy or more 

of any contaminant except for GHGs, individually or collectively, as listed in §101.1 of this 

chapter (relating to Definitions); 

(4) [(3)] any account which emits or has the potential to emit 10 tons of any 

single or 25 tons of aggregate hazardous air pollutants as defined in Federal Clean Air Act 

(FCAA), §112(a)(1); and 

(5) [(4)] any minor industrial source, area source, non-road mobile source, or 

mobile source of emissions subject to special inventories under subsection (b)(3) of this 

section. For purposes of this section, the term "area source" means a group of similar 

activities that, taken collectively, produce a significant amount of air pollution. 

(b) Types of inventories. 

(1) Initial emissions inventory. Accounts, as identified in subsection (a)(1), 

(2), [or] (3), or (4) of this section, shall submit an initial emissions inventory (IEI) for any 

criteria pollutant or hazardous air pollutant (HAP) that has not been identified in a 

previous inventory. The IEI shall consist of actual emissions of VOC, NOX, carbon 

monoxide (CO), sulfur dioxide (SO2), lead (Pb), particulate matter of less than 10 microns 

in diameter (PM10), any other contaminant subject to NAAQS, emissions of all HAPs 

identified in FCAA, §112(b), or any other contaminant requested by the commission from 

individual emission units within an account. For purposes of this section, the term "actual 

emission" is the actual rate of emissions of a pollutant from an emissions unit as it enters 

the atmosphere. The reporting year will be the calendar year or seasonal period as 

designated by the commission. Reported emission activities must include annual routine 

emissions; excess emissions occurring during maintenance activities, including start-ups 

and shutdowns; and emissions resulting from upset conditions. For the ozone 
TCEQ – GHG Rules Submitted for SIP Approval Page 47

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

nonattainment areas, the inventory shall also include typical weekday emissions that occur 

during the summer months. For CO nonattainment areas, the inventory shall also include 

typical weekday emissions that occur during the winter months. Emission calculations 

must follow methodologies as identified in subsection (c) of this section. 

(2) Statewide annual emissions inventory update (AEIU). Accounts meeting 

the applicability requirements during an inventory reporting period as identified in 

subsection (a)(1), (2), [or] (3), or (4) of this section shall submit an AEIU which consists of 

actual emissions as identified in subsection (b)(1) of this section if any of the following 

criteria are met. If none of the following criteria are met, a letter certifying such shall be 

submitted instead: 

(A) any change in operating conditions, including start-ups, 

permanent shut-downs of individual units, or process changes at the account, that results 

in at least a 5.0% or 5 tpy, whichever is greater, increase or reduction in total annual 

emissions of VOC, NOX, CO, SO2, Pb, or PM10 from the most recently submitted emissions 

data of the account; or 

(B) a cessation of all production processes and termination of 

operations at the account. 

(3) Special inventories. Upon request by the executive director or a 

designated representative of the commission, any person owning or operating a source of 

air emissions which is or could be affected by any rule or regulation of the commission 

shall file emissions-related data with the commission as necessary to develop an inventory

of emissions. Owners or operators submitting the requested data may make special 

procedural arrangements with the [Industrial] Emissions Assessment Section to submit 

data separate from routine emission inventory submissions or other arrangements as 

necessary to support claims of confidentiality. 

(c) Calculations. Actual measurement with continuous emissions monitoring 

systems (CEMS) is the preferred method of calculating emissions from a source. If CEMS 

data is not available, other means for determining actual emissions may be utilized in 

accordance with detailed instructions of the commission. Sample calculations 

representative of the processes in the account must be submitted with the inventory. 
TCEQ – GHG Rules Submitted for SIP Approval Page 48

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(d) Certifying statement. A certifying statement, required by the FCAA, 

§182(a)(3)(B), is to be signed by the owner(s) or operator(s) and shall accompany each 

emissions inventory to attest that the information contained in the inventory is true and 

accurate to the best knowledge of the certifying official. 

(e) Reporting requirements. The IEI or subsequent AEIUs shall contain emissions 

data from the previous calendar year and shall be due on March 31 of each year or as 

directed by the commission. Owners or operators submitting emissions data may make 

special procedural arrangements with the [Industrial] Emissions Assessment Section to 

submit data separate from routine emission inventory submissions or other arrangements 

as necessary to support claims of confidentiality. Emissions-related data submitted under a 

special inventory request made under subsection (b)(3) of this section are due as detailed 

in the letter of request. 

(f) Enforcement. Failure to submit emissions inventory data as required in this 

section shall result in formal enforcement action under Texas Water Code, Chapter 7 [the]. 

[TCAA, §382.082 and §382.088. In addition, the TCAA, §361.2225, provides for criminal 

penalties for failure to comply with this section.]
TCEQ – GHG Rules Submitted for SIP Approval Page 49

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER F: EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, 

STARTUP, AND SHUTDOWN ACTIVITIES

DIVISION 1: EMISSIONS EVENTS

§101.201

§101.201. Emissions Event Reporting and Recordkeeping Requirements.

(a) The following requirements for reportable emissions events apply. 

(1) As soon as practicable, but not later than 24 hours after the discovery of 

an emissions event, the owner or operator of a regulated entity shall: 

(A) determine if the event is a reportable emissions event; and 

(B) notify the commission office for the region in which the regulated 

entity is located, and all appropriate local air pollution control agencies with jurisdiction, if 

the emissions event is reportable. 

(2) The initial 24-hour notification for reportable emissions events, with the 

exception of emissions from boilers or combustion turbines referenced in the definition of 

reportable quantity (RQ) in §101.1 of this title (relating to Definitions) for each regulated 

entity, must at a minimum, identify for each emissions point with emissions that exceed an 

RQ: 

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number of the regulated entity 

experiencing an emissions event, if a Regulated Entity Number exists, or if there is not a 

Regulated Entity Number, the air account number of the regulated entity. If a Regulated 

Entity Number and air account number do not exist, then identify the location of the 

release and a contact telephone number; 

(C) the common name of the process units or areas, the common name 

of the facilities that incurred the emissions event, and the common name of the emission 
TCEQ – GHG Rules Submitted for SIP Approval Page 50

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

points where the unauthorized emissions exceeded an RQ were released to the 

atmosphere; 

(D) the date and time of the discovery of the emissions; 

(E) the estimated duration of the emissions; 

(F) the compound descriptive type of the individually listed 

compounds or mixtures of air contaminants released during the emissions event, in the 

definition of RQ in §101.1 of this title that are known through common process knowledge, 

past engineering analysis, or testing to have equaled or exceeded the RQ; 

(G) the estimated total quantities for those compounds or mixtures 

described in subparagraph (F) of this paragraph; 

(H) the best known cause of the emissions event at the time of the 

initial 24-hour notification, if known; and 

(I) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions. 

(3) The initial 24-hour notification for reportable emissions events for boilers 

or combustion turbines referenced in the definition of RQ in §101.1 of this title must 

identify for each emission point with excess opacity that exceeds the RQ by more than 15%: 

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number of the regulated entity 

experiencing an emissions event, if a Regulated Entity Number exists, or if there is not a 

Regulated Entity Number, the air account number of the regulated entity. If a Regulated 

Entity Number and air account number do not exist, then identify the location of the 

release and a contact telephone number; 

(C) the best known cause of the emissions event, if known at the time 

of notification; 
TCEQ – GHG Rules Submitted for SIP Approval Page 51

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(D) the common name of the process units or areas, the common 

name of the facilities that experienced the emissions event, and the common name of the 

emission points where the unauthorized opacity that exceeded the RQ occurred; 

(E) the date and time of the discovery of the emissions event; 

(F) the estimated duration or expected duration of the emissions; 

(G) the estimated opacity; and 

(H) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions. 

(4) The owner or operator of a regulated entity experiencing a reportable 

emissions event that also requires an initial notification under §327.3 of this title (relating 

to Notification Requirements) may satisfy the initial 24-hour notification requirements of 

this section by complying with the requirements under §327.3 of this title. 

(b) The owner or operator of a regulated entity experiencing an emissions event 

shall create a final record of all reportable and non-reportable emissions events as soon as 

practicable, but no later than two weeks after the end of an emissions event. Final records 

must be maintained on-site for a minimum of five years and be made readily available 

upon request to commission staff or personnel of any air pollution program with

jurisdiction. If a regulated entity is not normally staffed, records of emissions events may 

be maintained at the staffed location within Texas that is responsible for the day-to-day 

operations of the regulated entity. 

(1) The final record of a reportable emissions event must identify for all 

emission points involved in the emissions event: 

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number of the regulated entity 

experiencing an emissions event, if a Regulated Entity Number and air account number 

exists, or if there is not a Regulated Entity Number, the air account number of the 
TCEQ – GHG Rules Submitted for SIP Approval Page 52

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

regulated entity. If a Regulated Entity Number and air account number do not exist, then 

identify the location of the release and a contact telephone number; 

(C) the physical location of the points at which emissions to the 

atmosphere occurred; 

(D) the common name of the process units or areas, the common 

name and the agency-established facility identification number of the facilities that 

experienced the emissions event, and the common name and the agency-established 

emission point numbers where the unauthorized emissions were released to the 

atmosphere. Owners or operators of those facilities and emission points that the agency 

has not established facility identification numbers or emission point numbers for are not 

required to provide the facility identification numbers and emission point numbers in the 

report, but are required to provide the common names in the report. 

(E) the date and time of the discovery of the emissions event; 

(F) the estimated duration of the emissions; 

(G) the compound descriptive type of all individually listed 

compounds or mixtures of air contaminants in the definition of RQ in §101.1 of this title, 

from all emission points involved in the emissions event, that are known through common 

process knowledge or past engineering analysis or testing to have been released during the 

emissions event, except for boilers or combustion turbines referenced in the definition of 

RQ in §101.1 of this title. Compounds or mixtures of air contaminants, that have an RQ 

greater than or equal to 100 pounds and the amount released is less than ten pounds in a 

24-hour period, are not required to be specifically listed in the report, instead these 

compounds or mixtures of air contaminants may be identified together as "other"; 

(H) the estimated total quantities for those compounds or mixtures 

described in subparagraph (G) of this paragraph; the preconstruction authorization 

number or rule citation of the standard permit, permit by rule, or rule, if any, governing 

the facilities involved in the emissions event; and the authorized emissions limits, if any, 

for the facilities involved in the emissions events, except for boilers or combustion turbines 

referenced in the definition of RQ in §101.1 of this title, which record only the authorized 

opacity limit and the estimated opacity during the emissions event. Good engineering 

practice and methods must be used to provide reasonably accurate representations for 
TCEQ – GHG Rules Submitted for SIP Approval Page 53

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

emissions and opacity. Estimated emissions from compounds or mixtures of air 

contaminants that are identified as "other" under subparagraph (G) of this paragraph, are 

not required for each individual compound or mixture of air contaminants, however, a 

total estimate of emissions must be provided for the category identified as "other"; 

(I) the basis used for determining the quantity of air contaminants 

emitted, except for boilers or combustion turbines referenced in the definition of RQ in 

§101.1 of this title; 

(J) the best known cause of the emissions event at the time of 

reporting; 

(K) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions; and 

(L) any additional information necessary to evaluate the emissions 

event. 

(2) Records of non-reportable emissions events must identify: 

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number and air account number 

of the regulated entity experiencing an emissions event, if a Regulated Entity Number and 

air account number exists, of if there is not a Regulated Entity Number, the air account 

number of the regulated entity. If a Regulated Entity Number and air account number do 

not exist, then identify the location of the release and a contact telephone number; 

(C) the physical location of the points at which emissions to the 

atmosphere occurred; 

(D) the common name of the process units or areas, the common 

name and the agency-established facility identification number of the facilities that 

experienced the emissions event, and the common name and the agency-established 

emission point numbers where the unauthorized emissions were released to the 

atmosphere. Owners or operators of those facilities and emission points that the 
TCEQ – GHG Rules Submitted for SIP Approval Page 54

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

commission has not established facility identification numbers or emission point numbers 

for are not required to provide the facility identification numbers and emission point 

numbers in the report, but are required to provide the common names in the report; 

(E) the date and time of the discovery of the emissions event; 

(F) the estimated duration of the emissions; 

(G) the compound descriptive type of the individually listed 

compounds or mixtures of air contaminants, in the definition of RQ in §101.1 of this title, 

from all emission points involved in the emissions event, that are known through common 

process knowledge or past engineering analysis, except for boilers or combustion turbines 

referenced in the definition of RQ in §101.1 of this title and that were unauthorized. 

Compounds or mixtures of air contaminants, that have an RQ greater than or equal to 100 

pounds and the amount released is less than ten pounds in a 24-hour period, are not 

required to be specifically listed in the report, instead these compounds or mixtures of air 

contaminants may be identified together as "other"; 

(H) the estimated total quantities and the authorized emissions limits 

for those compounds or mixtures described in subparagraph (G) of this paragraph; the 

preconstruction authorization number or rule citation of the standard permit, permit by 

rule, or rule, if any, governing the facilities involved in the emissions event; and the 

authorized emissions limits, if any, for the facilities involved in the emissions events, 

except for boilers or combustion turbines referenced in the definition of RQ in §101.1 of 

this title, which record only the authorized opacity limit and the estimated opacity during 

the emissions event. Good engineering practice and methods must be used to provide 

reasonably accurate representations for emissions and opacity. Estimated emissions from 

compounds or mixtures of air contaminants that are identified as "other" under 

subparagraph (G) of this paragraph, are not required for each individual compound or 

mixture of air contaminants, however, a total estimate of emissions must be provided for 

the category identified as "other"; 

(I) the basis used for determining the quantity of air contaminants 

emitted, except for boilers or combustion turbines referenced in the definition of RQ in 

§101.1 of this title; 
TCEQ – GHG Rules Submitted for SIP Approval Page 55

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(J) the best known cause of the emissions event at the time of 

recording; 

(K) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions; and 

(L) any additional information necessary to evaluate the emissions 

event. 

(c) For all reportable emissions events, if the information required in subsection (b) 

of this section differs from the information provided in the initial 24-hour notification 

under subsection (a) of this section, the owner or operator of the regulated entity shall 

submit a copy of the final record to the commission office for the region in which the 

regulated entity is located and to appropriate local air pollution agencies with jurisdiction 

no later than two weeks after the end of the emissions event. If the owner or operator does 

not submit a record under this subsection, the information provided in the initial 24-hour 

notification under subsection (a) of this section will be the final record of the emissions 

event, provided the initial 24-hour notification was submitted electronically in accordance 

with subsection (g) of this section. Any emissions of greenhouse gases, individually or 

collectively, are not required to be submitted under this subsection, except for specific 

individual air contaminant compounds listed in the definition of reportable quantity.

(d) The owner or operator of a boiler or combustion turbine, as defined in §101.1 of 

this title, fueled by natural gas, coal, lignite, wood, or fuel oil containing hazardous air 

pollutants at a concentration of less than 0.02% by weight, that is equipped with a 

continuous emission monitoring system that completes a minimum of one operating cycle 

(sampling, analyzing, and data recording) for each successive 15-minute interval, and is 

required to submit excess emission reports by other state or federal requirements, is 

exempt from creating, maintaining, and submitting final records of reportable and nonreportable emissions events of the boiler or combustion turbine under subsections (b) and 

(c) of this section if the notice submitted under subsection (a) of this section contains the 

information required under subsection (b) of this section. 

(e) As soon as practicable, but not later than 24 hours after the discovery of an 

excess opacity event, as defined in §101.1 of this title, where the owner or operator was not 

already required to provide an initial 24-hour notification under subsection (a)(2) or (3) of 

this section, the owner or operator shall notify the commission office for the region in 
TCEQ – GHG Rules Submitted for SIP Approval Page 56

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

which the regulated entity is located, and all appropriate local air pollution control 

agencies with jurisdiction. In the notification, the owner or operator shall identify: 

(1) the name of the owner or operator of the regulated entity experiencing the 

excess opacity event; 

(2) the commission Regulated Entity Number and air account number of the 

regulated entity experiencing an opacity event, if a Regulated Entity Number and air 

account number exists, or if there is not a Regulated Entity Number, the air account 

number of the regulated entity. If a Regulated Entity Number and air account number do 

not exist, then identify the location of the release and a contact telephone number; 

(3) the physical location of the excess opacity event; 

(4) the common name of the process units or areas, the common name of the 

facilities where the excess opacity event occurred, and the common name of the emission 

points where the excess opacity event occurred; 

(5) the date and time of the discovery of the excess opacity event; 

(6) the estimated duration of the excess opacity; 

(7) the estimated opacity; 

(8) the authorized opacity limit for the facilities having the excess opacity 

event; 

(9) the best known cause of the excess opacity event at the time of the 

notification; and 

(10) the actions taken, or being taken, to correct the excess opacity event. 

(f) The owner or operator of any regulated entity subject to the provisions of this 

section shall perform, upon request by the executive director or any air pollution control 

agency with jurisdiction, a technical evaluation of each emissions event. The evaluation 

must include at least an analysis of the probable causes of each emissions event and any 

necessary actions to prevent or minimize recurrence. The evaluation must be submitted in 
TCEQ – GHG Rules Submitted for SIP Approval Page 57

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

writing to the executive director and to the appropriate local air pollution agencies with 

jurisdiction within 60 days from the date of request. The 60-day period may be extended 

by the executive director. Additionally, the owner or operator of a regulated entity 

experiencing an emissions event must provide, in writing, additional or more detailed 

information regarding the emissions event when requested by the executive director or any 

air pollution control agency with jurisdiction, within the time established in the request. 

(g) On and after January 1, 2003, notifications and reports required in subsection 

(c) of this section must be submitted electronically to the commission using the electronic 

forms provided by the commission. On and after January 1, 2004, notifications required in 

subsections (a) and (e) of this section must be submitted via commission's secure Web 

server, facsimile, or electronic mail to the commission using electronic forms provided by 

the commission. Notwithstanding the requirement to report initial 24-hour notifications 

electronically after January 1, 2004, the owner or operator of a regulated entity 

experiencing a reportable emissions event that also requires an initial notification under 

§327.3 of this title, is not required to report the event electronically under this subsection 

provided the owner or operator complies with the requirements under §327.3 of this title 

and in subsections (a) and (c) of this section. If the initial notification is not submitted by 

using an online form on the commission's secure Web server, the owner or operator must 

submit the identical information on the commission's secure Web server within 48 hours 

of discovery of the event. In the event the commission's server is unavailable due to 

technical failures or scheduled maintenance, events may be reported via facsimile to the 

appropriate regional office. The commission will provide an alternative means of 

notification in the event that the commission's electronic reporting system is inoperative. 

Electronic notification and reporting is not required for small businesses that meet the 

small business definition in Texas Water Code, §5.135(g)(2) and to appropriate local air 

pollution control agencies with jurisdiction. Small businesses shall provide notifications 

and reporting by any viable means that meet the time frames required by this section. 

(h) Annual emissions event reporting: beginning in calender year 2007, on or before 

March 31 of each calendar year or as directed by the executive director, each owner or 

operator of a regulated entity, as defined in §101.1 of this title that is subject to reporting 

under §101.10 of this title (relating to Emissions Inventory Requirements), and those that 

are not subject to reporting under §101.10 of this title, but are located in nonattainment, 

maintenance, early action compact areas, Nueces County, and San Patricio County, that 

experienced at least one emissions event during the calendar year shall report to the 
TCEQ – GHG Rules Submitted for SIP Approval Page 58

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

executive director, and all appropriate local air pollution control agencies with jurisdiction, 

the following: 

(1) the total number of reportable and the total number of non-reportable 

emissions events experienced at the regulated entity; 

(2) the estimated total quantities for all compounds or mixtures of air 

contaminants, by compound or mixture, in the definition of RQ in §101.1 of this title that, 

by facility, were emitted during emissions events at the regulated entity. Compounds or 

mixtures of air contaminants, that have an RQ greater than or equal to 100 pounds and the 

amount released is less than one pound in a 24-hour period, are not required to be 

included in the report. Good engineering practice and methods must be used to provide 

reasonably accurate representations for emissions and opacity. This paragraph does not 

apply to boilers and combustion turbines referenced in the definition of RQ in §101.1 of 

this title that must report only the estimated opacities during emissions events and 

duration of unauthorized opacity; and 

(3) owners and operators of regulated entities that are not subject to 

reporting under §101.10 of this title must provide annual emissions event reporting 

electronically by using an online form on the commission's secure Web server. The 

commission will provide an alternative means of reporting in the event that the 

commission's electronic reporting system is inoperative. If the commission's server is 

unavailable due to technical failures or scheduled maintenance, the annual reports may be 

provided through alternative means to the executive director. Annual electronic reporting 

is not required for small businesses that meet the small business definition in Texas Water 

Code, §5.135(g)(2) and to appropriate local air pollution control agencies with jurisdiction. 

Small businesses shall provide annual reporting by any viable means that meet the time 

frames required by this section. 

(4) owners and operators of regulated entities that are subject to reporting 

under §101.10 of this title must provide the information required by this subsection as part 

of their reporting under §101.10 of this title.
TCEQ – GHG Rules Submitted for SIP Approval Page 59

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER A: GENERAL REQUIREMENTS

§106.2, §106.4

§106.2. Applicability.

This chapter applies to certain types of facilities or changes within facilities listed in 

this chapter where construction is commenced on or after the effective date of the relevant 

permit by rule. This chapter does not apply to emissions of greenhouse gases (as defined in 

§101.1 of this title (relating to Definitions)). 

§106.4. Requirements for Permitting by Rule.

(a) To qualify for a permit by rule, the following general requirements must be met. 

(1) Total actual emissions authorized under permit by rule from the facility 

shall not exceed the following limits, as applicable:

(A) 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen 

oxides (NOX); [or]

(B) 25 tpy of volatile organic compounds (VOC), [or] sulfur dioxide 

(SO2), or inhalable particulate matter (PM); [or]

(C) 15 tpy of particulate matter with diameters of 10 microns or less 

(PM10); [or] 

(D) 10 tpy of particulate matter with diameters of 2.5 microns or less 

(PM2.5); or

(E) 25 tpy of any other air contaminant except:

(i) [carbon dioxide,] water, nitrogen, [methane] ethane, 

hydrogen, and oxygen; and [.]

(ii) notwithstanding any provision in any specific permit by rule 

to the contrary, greenhouse gases as defined in §101.1 of this title (relating to Definitions).
TCEQ – GHG Rules Submitted for SIP Approval Page 60

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(2) Any facility or group of facilities, which constitutes a new major 

stationary source, as defined in §116.12 of this title (relating to Nonattainment and 

Prevention of Significant Deterioration Review Definitions), or any modification which 

constitutes a major modification, as defined in §116.12 of this title, under the new source 

review requirements of the Federal Clean Air Act (FCAA), Part D (Nonattainment) as 

amended by the FCAA Amendments of 1990, and regulations promulgated thereunder, 

must meet the permitting requirements of Chapter 116, Subchapter B of this title (relating 

to New Source Review Permits) and cannot qualify for a permit by rule under this chapter. 

Persons claiming a permit by rule under this chapter should see the requirements of 

§116.150 of this title (relating to New Major Source or Major Modification in Ozone 

Nonattainment Areas) to ensure that any applicable netting requirements have been 

satisfied. 

(3) Any facility or group of facilities, which constitutes a new major 

stationary source, as defined in 40 Code of Federal Regulations (CFR) §52.21, or any 

change which constitutes a major modification, as defined in 40 CFR §52.21, under the 

new source review requirements of the FCAA, Part C (Prevention of Significant 

Deterioration) as amended by the FCAA Amendments of 1990, and regulations 

promulgated thereunder because of emissions of air contaminants other than greenhouse 

gases, must meet the permitting requirements of Chapter 116, Subchapter B of this title 

and cannot qualify for a permit by rule under this chapter. Notwithstanding any provision 

in any specific permit by rule to the contrary, a new major stationary source or major 

modification which is subject to Chapter 116, Subchapter B, Division 6 of this title due 

solely to emissions of greenhouse gases may use a permit by rule under this chapter for air 

contaminants that are not greenhouse gases. However, facilities or projects which require a 

prevention of significant deterioration permit due to emissions of greenhouse gases may

not commence construction or operation until the prevention of significant deterioration 

permit is issued.

(4) Unless at least one facility at an account has been subject to public 

notification and comment as required in Chapter 116, Subchapter B or Subchapter D of this 

title (relating to New Source Review Permits or Permit Renewals), total actual emissions 

from all facilities permitted by rule at an account shall not exceed 250 tpy of CO or NOX; or 

25 tpy of VOC or SO2 or PM; or 15 tpy of PM10; or 10 tpy of PM2.5; or 25 tpy of any other air 

contaminant except [carbon dioxide,] water, nitrogen, [methane,] ethane, hydrogen, [and]

oxygen, and GHGs (as specified in §106.2 of this title (relating to Applicability)).
TCEQ – GHG Rules Submitted for SIP Approval Page 61

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(5) Construction or modification of a facility commenced on or after the 

effective date of a revision of this section or the effective date of a revision to a specific 

permit by rule in this chapter must meet the revised requirements to qualify for a permit 

by rule. 

(6) A facility shall comply with all applicable provisions of the FCAA, §111 

(Federal New Source Performance Standards) and §112 (Hazardous Air Pollutants), and 

the new source review requirements of the FCAA, Part C and Part D and regulations 

promulgated thereunder. 

(7) There are no permits under the same commission account number that 

contain a condition or conditions precluding the use of a permit by rule under this chapter. 

(8) The proposed facility or group of facilities shall obtain allowances for NOX

if they are subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass 

Emissions Cap and Trade Program). 

(b) No person shall circumvent by artificial limitations the requirements of §116.110 

of this title (relating to Applicability). 

(c) The emissions from the facility shall comply with all rules and regulations of the 

commission and with the intent of the Texas Clean Air Act (TCAA), including protection of 

health and property of the public, and all emissions control equipment shall be maintained 

in good condition and operated properly during operation of the facility. 

(d) Facilities permitted by rule under this chapter are not exempted from any 

permits or registrations required by local air pollution control agencies. Any such 

requirements must be in accordance with Texas Health and Safety Code [TCAA], §382.113 

and any other applicable law.
TCEQ – GHG Rules Submitted for SIP Approval Page 62

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER A: DEFINITIONS

§116.12

§116.12. Nonattainment and Prevention of Significant Deterioration Review 

Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the 

commission, the terms used by the commission have the meanings commonly ascribed to 

them in the field of air pollution control. [The terms in this section are applicable to permit 

review for major source construction and major source modification in nonattainment 

areas.] In addition to the terms that are defined by the TCAA, and in §101.1 of this title 

(relating to Definitions), the following words and terms, when used in [Chapter 116,] 

Subchapter B, Divisions 5 and 6 of this chapter [title] (relating to Nonattainment Review 

Permits and Prevention of Significant Deterioration Review); and [Chapter 116,] 

Subchapter C, Division 1 of this chapter [title] (relating to Plant-Wide Applicability Limits), 

have the following meanings, unless the context clearly indicates otherwise. 

(1) Actual emissions--Actual emissions as of a particular date are equal to the 

average rate, in tons per year, at which the unit actually emitted the pollutant during the 

24-month period that precedes the particular date and that is representative of normal 

source operation, except that this definition shall not apply for calculating whether a 

significant emissions increase has occurred, or for establishing a plant-wide applicability 

limit. Instead, paragraph (3) of this section relating to baseline actual emissions shall apply 

for this purpose. The executive director shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. Actual emissions 

shall be calculated using the unit's actual operating hours, production rates, and types of 

materials processed, stored, or combusted during the selected time period. The executive 

director may presume that the source-specific allowable emissions for the unit are 

equivalent to the actual emissions, e.g., when the allowable limit is reflective of actual 

emissions. For any emissions unit that has not begun normal operations on the particular 

date, actual emissions shall equal the potential to emit of the unit on that date. 

(2) Allowable emissions--The emissions rate of a stationary source, 

calculated using the maximum rated capacity of the source (unless the source is subject to 

federally enforceable limits that restrict the operating rate, or hours of operation, or both), 

and the most stringent of the following: 
TCEQ – GHG Rules Submitted for SIP Approval Page 63

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(A) the applicable standards specified in 40 Code of Federal 

Regulations Part 60 or 61; 

(B) the applicable state implementation plan emissions limitation 

including those with a future compliance date; or 

(C) the emissions rate specified as a federally enforceable permit 

condition including those with a future compliance date. 

(3) Baseline actual emissions--The rate of emissions, in tons per year, of a 

federally regulated new source review pollutant. 

(A) For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tons per year, at which the unit actually 

emitted the pollutant during any consecutive 24-month period selected by the owner or 

operator within the five-year period immediately preceding when the owner or operator 

begins actual construction of the project. The executive director shall allow the use of a 

different time period upon a determination that it is more representative of normal source 

operation. 

(B) For an existing facility (other than an electric utility steam 

generating unit), baseline actual emissions means the average rate, in tons per year, at 

which the facility actually emitted the pollutant during any consecutive 24-month period 

selected by the owner or operator within the ten-year period immediately preceding either 

the date the owner or operator begins actual construction of the project, or the date a 

complete permit application is received for a permit. The rate shall be adjusted downward 

to exclude any emissions that would have exceeded an emission limitation with which the 

major stationary source must currently comply with the exception of those required under 

40 Code of Federal Regulations Part 63, had such major stationary source been required to 

comply with such limitations during the consecutive 24-month period. 

(C) For a new facility, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial construction and 

operation of such unit shall equal zero; and for all other purposes during the first two years 

following initial operation, shall equal the unit's potential to emit. 
TCEQ – GHG Rules Submitted for SIP Approval Page 64

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(D) The actual average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred during the consecutive 24-month period. For each 

regulated new source review pollutant, when a project involves multiple facilities, only one 

consecutive 24-month period must be used to determine the baseline actual emissions for 

the facilities being changed. A different consecutive 24-month period can be used for each 

regulated new source review pollutant. The average rate shall not be based on any 

consecutive 24-month period for which there is inadequate information for determining 

annual emissions, in tons per year, and for adjusting this amount. Baseline emissions 

cannot occur prior to November 15, 1990. 

(E) The actual average emissions rate shall include fugitive emissions 

to the extent quantifiable. Until March 1, 2016, emissions previously demonstrated as 

resulting from planned maintenance, startup, or shutdown activities; historically 

unauthorized; and subject to reporting under Chapter 101 of this title (relating to General 

Air Quality Rules) shall be included to the extent that they have been authorized, or are 

being authorized. 

(4) Basic design parameters--For a process unit at a steam electric generating 

facility, the owner or operator may select as its basic design parameters either maximum 

hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric 

output rate and maximum steam flow rate. When establishing fuel consumption 

specifications in terms of weight or volume, the minimum fuel quality based on British 

thermal units content shall be used for determining the basic design parameters for a coalfired electric utility steam generating unit. The basic design parameters for any process 

unit that is not at a steam electric generating facility are maximum rate of fuel or heat 

input, maximum rate of material input, or maximum rate of product output. Combustion 

process units will typically use maximum rate of fuel input. For sources having multiple 

end products and raw materials, the owner or operator shall consider the primary product 

or primary raw material when selecting a basic design parameter. The owner or operator 

may propose an alternative basic design parameter for the source's process units to the 

executive director if the owner or operator believes the basic design parameter as defined 

in this paragraph is not appropriate for a specific industry or type of process unit. If the 

executive director approves of the use of an alternative basic design parameter, that basic 

design parameter shall be identified and compliance required in a condition in a permit 

that is legally enforceable. 
TCEQ – GHG Rules Submitted for SIP Approval Page 65

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(A) The owner or operator shall use credible information, such as 

results of historic maximum capability tests, design information from the manufacturer, or 

engineering calculations, in establishing the magnitude of the basic design parameter. 

(B) If design information is not available for a process unit, the owner 

or operator shall determine the process unit's basic design parameter(s) using the 

maximum value achieved by the process unit in the five-year period immediately preceding 

the planned activity. 

(C) Efficiency of a process unit is not a basic design parameter. 

(5) Begin actual construction--In general, initiation of physical on-site 

construction activities on an emissions unit that are of a permanent nature. Such activities 

include, but are not limited to, installation of building supports and foundations, laying of 

underground pipework, and construction of permanent storage structures. With respect to 

a change in method of operation, this term refers to those on-site activities other than 

preparatory activities that mark the initiation of the change. 

(6) Building, structure, facility, or installation--All of the pollutant-emitting 

activities that belong to the same industrial grouping, are located in one or more 

contiguous or adjacent properties, and are under the control of the same person (or 

persons under common control). Pollutant-emitting activities are considered to be part of 

the same industrial grouping if they belong to the same "major group" (i.e., that have the 

same two-digit code) as described in the Standard Industrial Classification Manual, 1972, 

as amended by the 1977 supplement. 

(7) Carbon dioxide equivalent (CO2e) emissions--shall represent an amount 

of greenhouse gases (GHGs) emitted, and shall be computed by multiplying the mass 

amount of emissions in tons per year (tpy) for the GHGs, as defined in §101.1 of this title 

(relating to Definitions), by the gas's associated global warming potential as published in 

40 Code of Federal Regulations Part 98, Subpart A, Table A-1 – Global Warming 

Potentials, and summing the resultant values.

(8) [(7)] Clean coal technology--Any technology, including technologies 

applied at the precombustion, combustion, or post-combustion stage, at a new or existing 

facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides 
TCEQ – GHG Rules Submitted for SIP Approval Page 66

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

of nitrogen associated with the utilization of coal in the generation of electricity, or process 

steam that was not in widespread use as of November 15, 1990. 

(9) [(8)] Clean coal technology demonstration project--A project using funds 

appropriated under the heading "Department of Energy-Clean Coal Technology," up to a 

total amount of $2.5 billion for commercial demonstration of clean coal technology, or 

similar projects funded through appropriations for the United States Environmental 

Protection Agency. The federal contribution for a qualifying project shall be at least 20% of 

the total cost of the demonstration project. 

(10) [(9)] Commence--As applied to construction of a major stationary source 

or major modification, means that the owner or operator has all necessary preconstruction 

approvals or permits and either has: 

(A) begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time; or 

(B) entered into binding agreements or contractual obligations, which 

cannot be canceled or modified without substantial loss to the owner or operator, to 

undertake a program of actual construction of the source to be completed within a 

reasonable time. 

(11) [(10)] Construction--Any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of an 

emissions unit) that would result in a change in actual emissions. 

(12) [(11)] Contemporaneous period--For major sources the period between: 

(A) the date that the increase from the particular change occurs; and 

(B) 60 months prior to the date that construction on the particular 

change commences. 

(13) [(12)] De minimis threshold test (netting)--A method of determining if a 

proposed emission increase will trigger nonattainment or prevention of significant 

deterioration review. The summation of the proposed project emission increase in tons per 

year with all other creditable source emission increases and decreases during the 
TCEQ – GHG Rules Submitted for SIP Approval Page 67

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

contemporaneous period is compared to the significant level for that pollutant. If the 

significant level is exceeded, then prevention of significant deterioration and/or 

nonattainment review is required. 

(14) [(13)] Electric utility steam generating unit--Any steam electric 

generating unit that is constructed for the purpose of supplying more than one-third of its 

potential electric output capacity and more than 25 megawatts electrical output to any 

utility power distribution system for sale. Any steam supplied to a steam distribution 

system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is included in determining the electrical energy output 

capacity of the affected facility. 

(15) [(14)] Federally regulated new source review pollutant--As defined in 

subparagraphs (A) - (E) [(D)] of this paragraph: 

(A) any pollutant for which a national ambient air quality standard has 

been promulgated and any constituents or precursors for such pollutants identified by the 

United States Environmental Protection Agency; 

(B) except for greenhouse gases, any pollutant that is subject to any 

standard promulgated under Federal Clean Air Act (FCAA), §111; 

(C) any Class I or II substance subject to a standard promulgated 

under or established by FCAA, Title VI; [or] 

(D) any pollutant that otherwise is subject to regulation under the 

FCAA; except that any or all hazardous air pollutants either listed in FCAA, §112 or added 

to the list under FCAA, §112(b)(2), which have not been delisted under FCAA, §112(b)(3), 

are not regulated new source review pollutants unless the listed hazardous air pollutant is 

also regulated as a constituent or precursor of a general pollutant listed under FCAA, §108; 

or [.] 

(E) greenhouse gases that meet or exceed the thresholds established in 

§116.164 of this title (relating to Prevention of Significant Deterioration Applicability for 

Greenhouse Gases Sources). 
TCEQ – GHG Rules Submitted for SIP Approval Page 68

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(16) Greenhouse gases (GHGs)--as defined in §101.1 of this title (relating to 

Definitions).

(17) [(15)] Lowest achievable emission rate--For any emitting facility, that 

rate of emissions of a contaminant that does not exceed the amount allowable under 

applicable new source performance standards promulgated by the United States 

Environmental Protection Agency under 42 United States Code, §7411, and that reflects the 

following: 

(A) the most stringent emission limitation that is contained in the 

rules and regulations of any approved state implementation plan for a specific class or 

category of facility, unless the owner or operator of the proposed facility demonstrates that 

such limitations are not achievable; or

(B) the most stringent emission limitation that is achieved in practice 

by a specific class or category of facilities, whichever is more stringent. 

(18) [(16)] Major facility--Any facility that emits or has the potential to emit 

100 tons per year or more of the plant-wide applicability limit (PAL) pollutant in an 

attainment area; or any facility that emits or has the potential to emit the PAL pollutant in 

an amount that is equal to or greater than the major source threshold for the PAL pollutant 

in Table I of this section for nonattainment areas. 

(19) [(17)] Major stationary source--Any stationary source that emits, or has 

the potential to emit, a threshold quantity of emissions or more of any air contaminant 

(including volatile organic compounds (VOCs)) for which a national ambient air quality 

standard has been issued, or greenhouse gases. The major source thresholds are identified 

in Table I of this section for nonattainment pollutants and the major source thresholds for 

prevention of significant deterioration pollutants are identified in 40 Code of Federal 

Regulations (CFR) §51.166(b)(1). For greenhouse gases, the major source thresholds are 

specified in §116.164 of this title (relating to Prevention of Significant Deterioration 

Applicability for Greenhouse Gases Sources). A source that emits, or has the potential to 

emit a federally regulated new source review pollutant at levels greater than those 

identified in 40 CFR §51.166(b)(1) is considered major for all prevention of significant 

deterioration pollutants. A major stationary source that is major for VOCs or nitrogen 

oxides is considered to be major for ozone. The fugitive emissions of a stationary source 

shall not be included in determining for any of the purposes of this definition whether it is 
TCEQ – GHG Rules Submitted for SIP Approval Page 69

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

a major stationary source, unless the source belongs to one of the categories of stationary 

sources listed in 40 CFR §51.165(a)(1)(iv)(C). 

(20) [(18)] Major modification--As follows. 

(A) Any physical change in, or change in the method of operation of a 

major stationary source that causes a significant project emissions increase and a 

significant net emissions increase for any federally regulated new source review pollutant. 

At a stationary source that is not major prior to the increase, the increase by itself must 

equal or exceed that specified for a major source. At an existing major stationary source, 

the increase must equal or exceed that specified for a major modification to be significant. 

The major source and significant thresholds are provided in Table I of this section for 

nonattainment pollutants. The major source and significant thresholds for prevention of 

significant deterioration pollutants are identified in 40 Code of Federal Regulations 

§51.166(b)(1) and (23), respectively and in §116.164 of this title (relating to Prevention of 

Significant Deterioration Applicability for Greenhouse Gases Sources).

Figure: 30 TAC §116.12(20)(A)

[Figure: 30 TAC §116.12(18)(A)] 

TABLE I

MAJOR SOURCE/MAJOR MODIFICATION 

EMISSION THRESHOLDS

POLLUTANT

designation1

MAJOR 

SOURCE

tons/year

SIGNIFICANT

LEVEL2

tons/year

OFFSET 

RATIO

minimum

OZONE (VOC, 

NOX)

3

I marginal

II moderate

III serious

IV severe

100

100

50

25

40

40

25

25

1.10 to 1

1.15 to 1

1.20 to 1

1.30 to 1

CO

I moderate 100 100 1.00 to 14
TCEQ – GHG Rules Submitted for SIP Approval Page 70

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

II serious 50 50 1.00 to 14

SO2 100 40 1.00 to 14

PM10

I moderate

II serious

100

70

15

15

1.00 to 14

1.00 to 14

NOx

5 100 40 1.00 to 14

Lead 100 0.6 1.00 to 14

1 Texas nonattainment area designations as defined in §101.1[(70)] of this title (relating to 

Definitions).

2 The significant level is applicable only to existing major sources and shall be evaluated 

after netting, unless the applicant chooses to apply nonattainment new source review 

(NNSR) directly to the project. The appropriate netting triggers for existing major sources 

of NOX and VOC are specified in §116.150 of this title (relating to New Major Source or 

Major Modification in Ozone Nonattainment Areas) and for other pollutants are equal to 

the significant level listed in this table.

3 VOC and NOX are precursors to ozone formation and should be quantified individually to 

determine whether a source is subject to NNSR under §116.150 of this title.

4 The offset ratio is specified to be greater than 1.00 to 1.

VOC = volatile organic compounds

NOX = oxides of nitrogen

NO2 = nitrogen dioxide

CO = carbon monoxide

SO2 = sulfur dioxide

PM10 = particulate matter with an aerodynamic diameter less than or equal to ten microns

5 Applies to the National Ambient Air Quality Standard [NAAQS] for [nitrogen dioxide 

(]NO2[)].
TCEQ – GHG Rules Submitted for SIP Approval Page 71

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(B) A physical change or change in the method of operation shall not 

include: 

(i) routine maintenance, repair, and replacement; 

(ii) use of an alternative fuel or raw material by reason of an 

order under the Energy Supply and Environmental Coordination Act of 1974, §2(a) and (b) 

(or any superseding legislation) or by reason of a natural gas curtailment plan under the 

Federal Power Act; 

(iii) use of an alternative fuel by reason of an order or rule of 42 

United States Code, §7425; 

(iv) use of an alternative fuel at a steam generating unit to the 

extent that the fuel is generated from municipal solid waste; 

(v) use of an alternative fuel or raw material by a stationary 

source that the source was capable of accommodating before December 21, 1976 (unless 

such change would be prohibited under any federally enforceable permit condition 

established after December 21, 1976) or the source is approved to use under any permit 

issued under regulations approved under this chapter; 

(vi) an increase in the hours of operation or in the production 

rate (unless the change is prohibited under any federally enforceable permit condition that 

was established after December 21, 1976); 

(vii) any change in ownership at a stationary source; 

(viii) any change in emissions of a pollutant at a site that occurs 

under an existing plant-wide applicability limit; 

(ix) the installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, provided that the project complies 

with the state implementation plan and other requirements necessary to attain and 

maintain the national ambient air quality standard during the project and after it is 

terminated; 
TCEQ – GHG Rules Submitted for SIP Approval Page 72

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(x) for prevention of significant deterioration review only, the 

installation or operation of a permanent clean coal technology demonstration project that 

constitutes re-powering, provided that the project does not result in an increase in the 

potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply 

on a pollutant-by-pollutant basis; or 

(xi) for prevention of significant deterioration review only, the 

reactivation of a clean coal-fired electric utility steam generating unit. 

(21) [(19)] Necessary preconstruction approvals or permits--Those permits or 

approvals required under federal air quality control laws and regulations and those air 

quality control laws and regulations that are part of the applicable state implementation 

plan. 

(22) [(20)] Net emissions increase--The amount by which the sum of the 

following exceeds zero: the project emissions increase plus any sourcewide creditable 

contemporaneous emission increases, minus any sourcewide creditable contemporaneous 

emission decreases. Baseline actual emissions shall be used to determine emissions 

increases and decreases. 

(A) An increase or decrease in emissions is creditable only if the 

following conditions are met: 

(i) it occurs during the contemporaneous period; 

(ii) the executive director has not relied on it in issuing a federal 

new source review permit for the source and that permit is in effect when the increase in 

emissions from the particular change occurs; and 

(iii) in the case of prevention of significant deterioration review 

only, an increase or decrease in emissions of sulfur dioxide, particulate matter, or nitrogen 

oxides that occurs before the applicable minor source baseline date is creditable only if it is 

required to be considered in calculating the amount of maximum allowable increases 

remaining available. 

(B) An increase in emissions is creditable if it is the result of a physical 

change in, or change in the method of operation of a stationary source only to the extent 
TCEQ – GHG Rules Submitted for SIP Approval Page 73

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

that the new level of emissions exceeds the baseline actual emission rate. Emission 

increases at facilities under a plant-wide applicability limit are not creditable. 

(C) A decrease in emissions is creditable only to the extent that all of 

the following conditions are met: 

(i) the baseline actual emission rate exceeds the new level of 

emissions; 

(ii) it is federally enforceable at and after the time that actual 

construction on the particular change begins; 

(iii) the executive director has not relied on it in issuing a 

prevention of significant deterioration or a nonattainment permit; 

(iv) the decrease has approximately the same qualitative 

significance for public health and welfare as that attributed to the increase from the 

particular change; and 

(v) in the case of nonattainment applicability analysis only, the 

state has not relied on the decrease to demonstrate attainment or reasonable further 

progress. 

(D) An increase that results from a physical change at a source occurs 

when the emissions unit on which construction occurred becomes operational and begins 

to emit a particular pollutant. Any replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown period, not to exceed 180 days. 

(23) [(21)] Offset ratio--For the purpose of satisfying the emissions offset 

reduction requirements of 42 United States Code, §7503(a)(1)(A), the emissions offset 

ratio is the ratio of total actual reductions of emissions to total emissions increases of such 

pollutants. The minimum offset ratios are included in Table I of this section under the 

definition of major modification. In order for a reduction to qualify as an offset, it must be 

certified as an emission credit under Chapter 101, Subchapter H, Division 1 or 4 of this title 

(relating to Emission Credit Banking and Trading; or Discrete Emission Credit Banking 

and Trading), except as provided for in §116.170(b) of this title (relating to Applicability of 
TCEQ – GHG Rules Submitted for SIP Approval Page 74

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

Emission Reductions as Offsets). The reduction must not have been relied on in the 

issuance of a previous nonattainment or prevention of significant deterioration permit. 

(24) [(22)] Plant-wide applicability limit--An emission limitation expressed, 

in tons per year, for a pollutant at a major stationary source, that is enforceable and 

established in a plant-wide applicability limit permit under §116.186 of this title (relating to 

General and Special Conditions). 

(25) [(23)] Plant-wide applicability limit effective date--The date of issuance 

of the plant-wide applicability limit permit. 

(26) [(24)] Plant-wide applicability limit major modification--Any physical 

change in, or change in the method of operation of the plant-wide applicability limit source 

that causes it to emit the plant-wide applicability limit pollutant at a level equal to or 

greater than the plant-wide applicability limit. 

(27) [(25)] Plant-wide applicability limit permit--The new source review 

permit that establishes the plant-wide applicability limit. 

(28) [(26)] Plant-wide applicability limit pollutant--The pollutant for which a 

plant-wide applicability limit is established at a major stationary source. 

(29) [(27)] Potential to emit--The maximum capacity of a stationary source to 

emit a pollutant under its physical and operational design. Any physical or enforceable 

operational limitation on the capacity of the stationary source to emit a pollutant, 

including air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, may be treated as part of its 

design only if the limitation or the effect it would have on emissions is federally 

enforceable. Secondary emissions, as defined in 40 Code of Federal Regulations 

§51.165(a)(1)(viii), do not count in determining the potential to emit for a stationary 

source. 

(30) [(28)] Project net--The sum of the following: the project emissions 

increase, minus any sourcewide creditable emission decreases proposed at the source 

between the date of application for the modification and the date the resultant 

modification begins emitting. Baseline actual emissions shall be used to determine 
TCEQ – GHG Rules Submitted for SIP Approval Page 75

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

emissions increases and decreases. Increases and decreases must meet the creditability 

criteria listed under the definition of net emissions increase in this section. 

(31) [(29)] Projected actual emissions--The maximum annual rate, in tons 

per year, at which an existing facility is projected to emit a federally regulated new source 

review pollutant in any rolling 12-month period during the five years following the date the 

facility resumes regular operation after the project, or in any one of the ten years following 

that date, if the project involves increasing the facility's design capacity or its potential to 

emit that federally regulated new source review pollutant. In determining the projected 

actual emissions, the owner or operator of the major stationary source shall include 

unauthorized emissions from planned maintenance, startup, or shutdown activities, which 

were historically unauthorized and subject to reporting under Chapter 101 of this title 

(relating to General Air Quality Rules), to the extent they have been authorized, or are 

being authorized; and fugitive emissions to the extent quantifiable; and shall consider all 

relevant information, including, but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the 

company's highest projections of business activity, the company's filings with the state or 

federal regulatory authorities, and compliance plans under the approved state 

implementation plan. 

(32) [(30)] Project emissions increase--The sum of emissions increases for 

each modified or affected facility determined using the following methods: 

(A) for existing facilities, the difference between the projected actual 

emissions and the baseline actual emissions. In calculating any increase in emissions that 

results from the project, that portion of the facility's emissions following the project that 

the facility could have accommodated during the consecutive 24-month period used to 

establish the baseline actual emissions and that are also unrelated to the particular project, 

including any increased utilization due to product demand growth may be excluded from 

the project emission increase. The potential to emit from the facility following completion 

of the project may be used in lieu of the projected actual emission rate; and 

(B) for new facilities, the difference between the potential to emit from 

the facility following completion of the project and the baseline actual emissions. 

(33) [(31)] Replacement facility--A facility that satisfies the following criteria: 
TCEQ – GHG Rules Submitted for SIP Approval Page 76

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(A) the facility is a reconstructed unit within the meaning of 40 Code 

of Federal Regulations §60.15(b)(1), or the facility replaces an existing facility; 

(B) the facility is identical to or functionally equivalent to the replaced 

facility; 

(C) the replacement does not alter the basic design parameters of the 

process unit;

(D) the replaced facility is permanently removed from the major 

stationary source, otherwise permanently disabled, or permanently barred from operation 

by a permit that is enforceable. If the replaced facility is brought back into operation, it 

shall constitute a new facility. No creditable emission reductions shall be generated from 

shutting down the existing facility that is replaced. A replacement facility is considered an 

existing facility for the purpose of determining federal new source review applicability. 

(34) [(32)] Secondary emissions--Emissions that would occur as a result of 

the construction or operation of a major stationary source or major modification, but do 

not come from the source or modification itself. Secondary emissions must be specific, 

well-defined, quantifiable, and impact the same general area as the stationary source or 

modification that causes the secondary emissions. Secondary emissions include emissions 

from any off-site support facility that would not be constructed or increase its emissions, 

except as a result of the construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions that come directly from a 

mobile source such as emissions from the tail pipe of a motor vehicle, from a train, or from 

a vessel. 

(35) [(33)] Significant facility--A facility that emits or has the potential to 

emit a plant-wide applicability limit (PAL) pollutant in an amount that is equal to or 

greater than the significant level for that PAL pollutant. 

(36) [(34)] Small facility--A facility that emits or has the potential to emit the 

plant-wide applicability limit (PAL) pollutant in an amount less than the significant level 

for that PAL pollutant. 
TCEQ – GHG Rules Submitted for SIP Approval Page 77

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(37) [(35)] Stationary source--Any building, structure, facility, or installation 

that emits or may emit any air pollutant subject to regulation under 42 United States Code, 

§§7401 et seq. 

(38) [(36)] Temporary clean coal technology demonstration project--A clean 

coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the state implementation plan and other requirements necessary to 

attain and maintain the national ambient air quality standards during the project and after 

it is terminated.
TCEQ – GHG Rules Submitted for SIP Approval Page 78

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER B: NEW SOURCE REVIEW PERMITS

DIVISION 1: PERMIT APPLICATION

§116.111

§116.111. General Application.

(a) In order to be granted a permit, amendment, or special permit amendment, the 

application must include: 

(1) a completed Form PI-1 General Application signed by an authorized 

representative of the applicant. All additional support information specified on the form 

must be provided before the application is complete; 

(2) information which demonstrates that emissions from the facility, 

including any associated dockside vessel emissions, meet all of the following. 

(A) Protection of public health and welfare. 

(i) The emissions from the proposed facility will comply with all 

rules and regulations of the commission and with the intent of the Texas Clean Air Act

(TCAA), including protection of the health and property of the public. 

(ii) For issuance of a permit for construction or modification of 

any facility within 3,000 feet of an elementary, junior high/middle, or senior high school, 

the commission shall consider any possible adverse short-term or long-term side effects 

that an air contaminant or nuisance odor from the facility may have on the individuals 

attending the school(s). 

(B) Measurement of emissions. The proposed facility will have 

provisions for measuring 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 

Commission on Environmental Quality Sampling Procedures Manual."

(C) Best available control technology (BACT) must be evaluated for 

and applied to all facilities subject to the TCAA. Prior to evaluation of BACT under the 

TCAA, all facilities with pollutants subject to regulation under Title I Part C of the Federal 
TCEQ – GHG Rules Submitted for SIP Approval Page 79

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

Clean Air Act (FCAA) shall evaluate and apply BACT as defined in §116.160(c)(1)(A) of this 

title (relating to Prevention of Significant Deterioration Requirements).

(D) New Source Performance Standards (NSPS). The emissions from 

the proposed facility will meet the requirements of any applicable NSPS as listed under 40 

Code of Federal Regulations (CFR) Part 60, promulgated by the United States 

Environmental Protection Agency (EPA) under FCAA, §111, as amended. 

(E) National Emission Standards for Hazardous Air Pollutants 

(NESHAP). The emissions from the proposed facility will meet the requirements of any 

applicable NESHAP, as listed under 40 CFR Part 61, promulgated by EPA under FCAA, 

§112, as amended. 

(F) NESHAP for source categories. The emissions from the proposed 

facility will meet the requirements of any applicable maximum achievable control 

technology standard as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, 

§112 or as listed under Chapter 113, Subchapter C of this title (relating to National 

Emissions Standards for Hazardous Air Pollutants for Source Categories (FCAA §112, 40 

CFR Part 63)). 

(G) Performance demonstration. The proposed facility will achieve the 

performance specified in the permit application. The applicant may be required to submit 

additional engineering data after a permit has been issued in order to demonstrate further 

that the proposed facility will achieve the performance specified in the permit application. 

In addition, dispersion modeling, monitoring, or stack testing may be required. 

(H) Nonattainment review. If the proposed facility is located in a 

nonattainment area, it shall comply with all applicable requirements in this chapter 

concerning nonattainment review. 

(I) Prevention of Significant Deterioration (PSD) review. 

(i) If the proposed facility is located in an attainment area, it 

shall comply with all applicable requirements in this chapter concerning PSD review.

(ii) If the proposed facility or modification meets or exceeds the 

applicable greenhouse gases thresholds defined in §116.164 of this title (relating to 
TCEQ – GHG Rules Submitted for SIP Approval Page 80

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources) then it 

shall comply with all applicable requirements in this chapter concerning PSD review for 

sources of greenhouse gases.

(J) Air dispersion modeling. Computerized air dispersion modeling 

may be required by the executive director to determine air quality impacts from a proposed 

new facility or source modification. In determining whether to issue, or in conducting a 

review of, a permit application for a shipbuilding or ship repair operation, the commission 

will not require and may not consider air dispersion modeling results predicting ambient 

concentrations of non-criteria air contaminants over coastal waters of the state. The 

commission shall determine compliance with non-criteria ambient air contaminant 

standards and guidelines at land-based off-property locations. 

(K) Hazardous air pollutants. Affected sources (as defined in 

§116.15(1) of this title (relating to Section 112(g) Definitions)) for hazardous air pollutants 

shall comply with all applicable requirements under Subchapter E of this chapter (relating 

to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major 

Sources (FCAA, §112(g), 40 CFR Part 63)). 

(L) Mass cap and trade allowances. If subject to Chapter 101, 

Subchapter H, Division 3, of this title (relating to Mass Emissions Cap and Trade 

Program), the proposed facility, group of facilities, or account must obtain allowances to 

operate. 

(b) In order to be granted a permit, amendment, or special permit amendment, the 

owner or operator must comply with the following notice requirements. 

(1) Applications declared administratively complete before September 1, 

1999, are subject to the requirements of [Chapter 116, Subchapter B,] Division 3 of this 

subchapter (relating to Public Notification and Comment Procedures). 

(2) Applications declared administratively complete on or after September 1, 

1999, are subject to the requirements of Chapter 39 of this title (relating to Public Notice) 

and Chapter 55 of this title (relating to Request for Reconsideration and Contested Case 

Hearings; Public Comment). Upon request by the owner or operator of a facility which 

previously has received a permit or special permit from the commission, the executive 

director or designated representative may exempt the relocation of such facility from the 
TCEQ – GHG Rules Submitted for SIP Approval Page 81

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

provisions in Chapter 39 of this title if there is no indication that the operation of the 

facility at the proposed new location will significantly affect ambient air quality and no 

indication that operation of the facility at the proposed new location will cause a condition 

of air pollution.
TCEQ – GHG Rules Submitted for SIP Approval Page 82

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER B: NEW SOURCE REVIEW PERMITS

DIVISION 6: PREVENTION OF SIGNIFICANT DETERIORATION REVIEW

§§116.160, 116.164, 116.169

§116.160. Prevention of Significant Deterioration Requirements.

(a) Each proposed new major source or major modification in an attainment or 

unclassifiable area shall comply with the requirements of this section. In addition, each 

proposed new major source of greenhouse gases (GHGs) or major modification involving 

GHGs shall comply with the applicable requirements of this section. The owner or operator 

of a proposed new or modified facility that will be a new major stationary source for the 

prevention of significant deterioration air contaminant shall meet the additional 

requirements of subsection (c)(1) - (4) of this section. 

(b) De minimis [The deminimis] threshold test (netting):

(1) is required for all modifications to existing major sources of federally 

regulated new source review pollutants, unless the proposed emissions increases 

associated with a project, without regard to decreases, are less than major modification 

thresholds for the pollutant identified in 40 Code of Federal Regulations (CFR) 

§52.21(b)(23); and [.]

(2) is required for GHGs at existing major sources if the proposed 

modification results in an emissions increase, without regard to decreases, as required in 

§116.164(a)(2) and (4)(B) of this title (relating to Prevention of Significant Deterioration 

Applicability for Greenhouse Gases Sources). 

(c) In applying the de minimis threshold test (netting), if the net emissions increases 

are greater than the major modification levels for the pollutant identified in 40 CFR 

§52.21(b)(23) and for GHGs in §116.164 of this title, the following requirements apply. 

(1) In addition to those definitions in §116.12 of this title (relating to 

Nonattainment and Prevention of Significant Deterioration Review Definitions) the 

following definitions from prevention of significant deterioration of air quality regulations 

promulgated by the United States Environmental Protection Agency (EPA) in 40 CFR 

§52.21 and the definitions for protection of visibility and promulgated in 40 CFR §51.301 as 

amended July 1, 1999, are incorporated by reference: 
TCEQ – GHG Rules Submitted for SIP Approval Page 83

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(A) 40 CFR §52.21(b)(12) - (15), concerning best available control 

technology, baseline concentrations, dates, and areas; 

(B) 40 CFR §52.21(b)(19), concerning innovative control technology; 

and 

(C) 40 CFR §52.21(b)(24) - (28), concerning federal land manager, 

terrain, and Indian reservations/governing bodies. 

(2) The following requirements from prevention of significant deterioration 

of air quality regulations promulgated by the EPA in 40 CFR §52.21 are hereby 

incorporated by reference: 

(A) 40 CFR §52.21(c) - (k), concerning increments, ambient air 

ceilings, restrictions on area classifications, exclusions from increment consumption, 

redesignation, stack heights, exemptions, control technology review, and source impact 

analysis; 

(B) 40 CFR §52.21(m) - (p), concerning air quality analysis, source 

information, additional impact analysis, and sources impacting federal Class I areas; 

(C) 40 CFR §52.21(r)(4), concerning relaxation of an enforceable 

limitation; and 

(D) 40 CFR §52.21(v), concerning innovative technology. 

(3) The term "facility" shall replace the words "emissions unit" in the 

referenced sections of the CFR. 

(4) The term "executive director" shall replace the word "administrator" in 

the referenced sections of the CFR except in 40 CFR §52.21(g) and (v). 

(d) All estimates of ambient concentrations required under this subsection shall be 

based on the applicable air quality models and modeling procedures specified in the EPA 

Guideline on Air Quality Models, as amended, or models and modeling procedures 

currently approved by the EPA for use in the state program, and other specific provisions 
TCEQ – GHG Rules Submitted for SIP Approval Page 84

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

made in the prevention of significant deterioration state implementation plan. If the air 

quality impact model approved by the EPA or specified in the guideline is inappropriate, 

the model may be modified or another model substituted on a case-by-case basis, or a 

generic basis for the state program, where appropriate. Such a change shall be subject to 

notice and opportunity for public hearing and written approval of the administrator of the 

EPA.

§116.164. Prevention of Significant Deterioration Applicability for Greenhouse 

Gases Sources.

(a) Greenhouse Gases (GHGs) are subject to Prevention of Significant Deterioration 

review under the following conditions:

(1) New source, major for non-GHGs. The stationary source is a new major 

stationary source for a federally regulated new source review (NSR) pollutant that is not 

GHGs, and will emit or have the potential to emit 75,000 tons per year (tpy) or more 

carbon dioxide equivalent (CO2e); or

(2) Existing source, major for non-GHGs. The stationary source is an existing 

major stationary source for a federally regulated NSR pollutant that is not GHGs, and will 

have a significant net emissions increase of a federally regulated NSR pollutant that is not 

GHGs, and a net emissions increase greater than zero tpy GHGs on a mass basis and 

75,000 tpy or more CO2e.

(3) New source, major for GHGs Only. The new stationary source that will 

emit or has the potential to emit greater than or equal to 100 tpy GHGs on a mass basis, if 

the source is listed on the named source category list in 40 Code of Federal Regulations 

(CFR ) §51.166(b)(1)(i), or greater than or equal to 250 tpy GHGs on a mass basis; and 

100,000 tpy or more CO2e.

(4) GHGs major modification at an existing source that is a major stationary 

source for GHGs. 

(A) The existing stationary source emits or has the potential to emit 

greater than or equal to 100 tpy GHGs on a mass basis, if the source is listed on the named 
TCEQ – GHG Rules Submitted for SIP Approval Page 85

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

source category list in 40 CFR §51.166(b)(1)(i), or greater than or equal to 250 tpy GHGs 

on a mass basis; and 100,000 tpy or more CO2e; and 

(B) the stationary source undertakes a physical change or change in 

the method of operation that will result in a net emissions increase greater than zero tpy 

GHGs on a mass basis, and a net emissions increase of 75,000 tpy or more CO2e.

(5) Existing source that is not major. The existing stationary source 

undertakes a physical change or change in the method of operation that will result in an 

emissions increase greater than or equal to 100 tpy GHGs on a mass basis, if the source is 

listed on the named source category list in 40 CFR §51.166(b)(1)(i), or greater than or equal 

to 250 tpy GHGs on a mass basis; and 100,000 tpy or more CO2e. 

(b) New stationary sources with emissions of GHGs, or existing stationary sources 

that undertake a physical change or change in the method of operations that includes 

emissions of GHGs, that do not meet any of the conditions in subsection (a) of this section 

do not require authorization under this subchapter, Subchapter F of this chapter (relating 

to Standard Permits), Subchapter G of this chapter (relating to Flexible Permits), or 

Chapter 106 of this title (relating to Permits by Rule) for emissions of GHGs. Owners or 

operators of these sources must keep records sufficient to demonstrate the amount of 

emissions of GHGs from the source as a result of construction, a physical change or a 

change in method of operation do not require authorization under subsection(a) of this

section. Records must be made available at the request of personnel from the commission 

or any local air pollution control agency having jurisdiction. Records must be maintained 

for a minimum of five years from the date of the construction, physical change, or change 

in method of operation.

§116.169. Greenhouse Gases Program Transitions.

(a) Upon the effective date of the United States Environmental Protection Agency 

(EPA) approval of this chapter and rescission of the Federal Implementation Plan as 

published in the May 3, 2011, issue of the Federal Register (76 FR 25178), the commission 

will accept transfer of and review applications previously filed with EPA for greenhouse gas 

prevention of significant deterioration permits. These applications will be subject to the 

applicable requirements of this chapter.
TCEQ – GHG Rules Submitted for SIP Approval Page 86

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(b) Section 116.164 of this title (relating to Prevention of Significant Deterioration 

Applicability for Greenhouse Gas Sources) will not apply to greenhouse gases at a source 

that would not be subject to Prevention of Significant Deterioration Review for greenhouse 

gases under a change in federal law on or after March 26, 2014.
TCEQ – GHG Rules Submitted for SIP Approval Page 87

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER F: STANDARD PERMITS

§116.610 AND §116.611

§116.610. Applicability.

(a) Under the Texas Clean Air Act, §382.051, a project that meets the requirements 

for a standard permit listed in this subchapter or issued by the commission is hereby 

entitled to the standard permit, provided the following conditions listed in this section are 

met. For the purposes of this subchapter, project means the construction or modification of 

a facility or a group of facilities submitted under the same registration. 

(1) Any project that results in a net increase in emissions of air contaminants 

from the project other than [carbon dioxide,] water, nitrogen, [methane,] ethane, 

hydrogen, oxygen, or greenhouse gases (GHGs) as defined in §101.1 of this title (relating to 

Definitions), or those for which a national ambient air quality standard has been 

established must meet the emission limitations of §106.261 of this title (relating to 

Facilities (Emission Limitations)), unless otherwise specified by a particular standard 

permit. 

(2) Construction or operation of the project must be commenced prior to the 

effective date of a revision to this subchapter under which the project would no longer 

meet the requirements for a standard permit. 

(3) The proposed project must comply with the applicable provisions of the 

Federal Clean Air Act (FCAA), §111 (concerning New Source Performance Standards) as 

listed under 40 Code of Federal Regulations (CFR) Part 60, promulgated by the United 

States Environmental Protection Agency (EPA). 

(4) The proposed project must comply with the applicable provisions of 

FCAA, §112 (concerning Hazardous Air Pollutants) as listed under 40 CFR Part 61, 

promulgated by the EPA. 

(5) The proposed project must comply with the applicable maximum 

achievable control technology standards as listed under 40 CFR Part 63, promulgated by 

the EPA under FCAA, §112 or as listed under Chapter 113, Subchapter C of this title 

(relating to National Emissions Standards for Hazardous Air Pollutants for Source 

Categories (FCAA, §112, 40 CFR Part 63)). 
TCEQ – GHG Rules Submitted for SIP Approval Page 88

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(6) If subject to Chapter 101, Subchapter H, Division 3 of this title (relating to 

Mass Emissions Cap and Trade Program) the proposed facility, group of facilities, or 

account must obtain allocations to operate. 

(b) Any project that constitutes a new major stationary source or major modification 

as defined in §116.12 of this title (relating to Nonattainment and Prevention of Significant 

Deterioration Review Definitions) because of emissions of air contaminants other than 

greenhouse gases is subject to the requirements of §116.110 of this title (relating to 

Applicability) rather than this subchapter. Notwithstanding any provision in any specific 

standard permit to the contrary, any project that constitutes a new major stationary source 

or major modification which is subject to Subchapter B, Division 6 of this chapter (relating 

to Prevention of Significant Deterioration Review) due solely to emissions of greenhouse 

gases may use a standard permit under this chapter for air contaminants that are not 

greenhouse gases.

(c) Persons may not circumvent by artificial limitations the requirements of §116.110 

of this title. 

(d) Any project involving a proposed affected source (as defined in §116.15(1) of this 

title (relating to Section 112(g) Definitions)) shall comply with all applicable requirements 

under Subchapter E of this chapter (relating to Hazardous Air Pollutants: Regulations 

Governing Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)). 

Affected sources subject to Subchapter E of this chapter may use a standard permit under 

this subchapter only if the terms and conditions of the specific standard permit meet the 

requirements of Subchapter E of this chapter.

§116.611. Registration to Use a Standard Permit.

(a) If required, registration to use a standard permit shall be sent by certified mail, 

return receipt requested, or hand delivered to the executive director, the appropriate 

commission regional office, and any local air pollution program with jurisdiction, before a 

standard permit can be used. The registration must be submitted on the required form and 

must document compliance with the requirements of this section, including, but not 

limited to: 
TCEQ – GHG Rules Submitted for SIP Approval Page 89

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(1) the basis of emission estimates; 

(2) quantification of all emission increases and decreases associated with the 

project being registered; 

(3) sufficient information as may be necessary to demonstrate that the 

project will comply with §116.610(b) of this title (relating to Applicability); 

(4) information that describes efforts to be taken to minimize any collateral 

emissions increases that will result from the project; 

(5) a description of the project and related process; and 

(6) a description of any equipment being installed. 

(b) Construction may begin any time after receipt of written notification from the 

executive director that there are no objections or 45 days after receipt by the executive 

director of the registration, whichever occurs first, except where a different time period is 

specified for a particular standard permit or the source obtains a prevention of significant 

deterioration permit for greenhouse gases as provided in §116.164(a) of this title (relating 

to Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources). 

(c) In order to avoid applicability of Chapter 122 of this title (relating to Federal 

Operating Permits), a certified registration shall be submitted. The certified registration 

must state the maximum allowable emission rates and must include documentation of the 

basis of emission estimates and a written statement by the registrant certifying that the 

maximum emission rates listed on the registration reflect the reasonably anticipated 

maximums for operation of the facility. The certified registration shall be amended if the 

basis of the emission estimates changes or the maximum emission rates listed on the 

registration no longer reflect the reasonably anticipated maximums for operation of the 

facility. The certified registration shall be submitted to the executive director; to the 

appropriate commission regional office; and to all local air pollution control agencies 

having jurisdiction over the site. Certified registrations must also be maintained in 

accordance with the requirements of §116.115 of this title (relating to General and Special 

Conditions). 
TCEQ – GHG Rules Submitted for SIP Approval Page 90

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(1) Certified registrations established prior to December 11, 2002, [the 

effective date of this rule] shall be submitted on or before February 3, 2003. 

(2) Certified registrations established on or after December 11, 2002, [the 

effective date of this rule] shall be submitted no later than the date of operation.

(3) Certified registrations established for greenhouse gases (as defined in 

§101.1 of this title (relating to Definitions)) on or after the effective date of EPA's final 

action approving amendments to §122.122 of this title (relating to Potential to Emit) into 

the State Implementation Plan shall be submitted: 

(A) for existing sites that emit or have the potential to emit greenhouse 

gases, no later than 12 months after the effective date of EPA's final action approving 

amendments to §122.122 of this title as a revision to the Federal Operating Permits 

Program; or

(B) for new sites that emit or have the potential to emit greenhouse 

gases, no later than the date of operation.
TCEQ – GHG Rules Submitted for SIP Approval Page 91

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

SUBCHAPTER B: PERMIT REQUIREMENTS

DIVISION 2: APPLICABILITY

§122.122

§122.122. Potential to Emit.

(a) For purposes of determining applicability of the Federal Operating Permit 

Program under this chapter, the owner or operator of stationary sources without any other 

federally-enforceable emission rate may limit their sources' potential to emit by 

maintaining a certified registration of emissions, which shall be federally-enforceable. 

Emission rates in new source review permits under Chapter 116 of this title (relating to 

Control of Air Pollution by Permits for New Construction or Modification) and certified 

registrations provided for under Chapter [Chapters] 106 of this title (relating to Permits by 

Rule) or Chapter 116 of this title are also federally-enforceable emission rates. 

(b) All representations in any registration of emissions under this section with 

regard to emissions, production or operational limits, monitoring, and reporting shall 

become conditions upon which the stationary source shall operate. It shall be unlawful for 

any person to vary from such representation unless the registration is first revised. 

(c) The registration of emissions shall include documentation of the basis of 

emission rates and a certification, in accordance with §122.165 of this title (relating to 

Certification by a Responsible Official), that the maximum emission rates listed on the 

registration reflect the reasonably anticipated maximums for operation of the stationary 

source. 

(d) In order to qualify for registrations of emissions under this section, the 

maximum emission rates listed in the registration must be less than those rates defined for 

a major source in §122.10 of this title (relating to General Definitions). 

(e) The certified registrations of emissions shall be submitted to the executive 

director; to the appropriate commission regional office; and to all local air pollution 

control agencies having jurisdiction over the site. 

(1) Certified registrations established prior to December 11, 2002, [the 

effective date of this rule] shall be submitted on or before February 3, 2003. 
TCEQ – GHG Rules Submitted for SIP Approval Page 92

New rule text adopted in the 2014 GHG Rulemaking is in underlined red font; removed text is in [brackets]. 

Net (i.e., not showing any removed text) changes made in 2010 to § 116.111 are indicated in underlined pink font;

EPA has not acted on these 2010 changes but proposed approval as part of the GHG rulemaking. The changes in

§ 116.169(b) were not adopted or submitted as SIP revisions. 

Post UARG: All new and amended rules would be SIP approved, except for those marked in strikeout and yellow 

highlight for which EPA would take no action (the “non-anyway” rules).

(2) Certified registrations established on or after December 11, 2002, [the 

effective date of this rule] shall be submitted no later than the date of operation. 

(3) Certified registrations established for greenhouse gases (GHGs) (as 

defined in §101.1 of this title (relating to Definitions)) on or after the effective date of the 

United States Environmental Protection Agency's final action approving amendments to 

this section into the State Implementation Plan (SIP) shall be submitted: 

(A) for existing sites that emit or have the potential to emit GHGs, no 

later than 12 months after the effective date of EPA's final action approving amendments to 

this section as a revision to the Federal Operating Permits Program; or

(B) for new sites that emit or have the potential to emit GHGs, no later 

than the date of operation.

(f) All certified registrations and records demonstrating compliance with a certified 

registration shall be maintained on-site and shall be provided, upon request, during 

regular business hours to representatives of the appropriate commission regional office 

and any local air pollution control agency having jurisdiction over the site. If however, the 

site normally operates unattended, certified registrations and records demonstrating 

compliance with the certified registration must be maintained at an office within Texas 

having day-to-day operational control of the site. Upon request, the commission shall 

make any such records of compliance available to the public in a timely manner.