TCEQ

– GHG Rules Submitted for SIP Approval Page 1

N ew 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 39.4 20

§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, Publi c 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 Subc hapter 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 interest ed 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 nat ure 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 thatTCEQ

– GHG Rules Submitted for SIP Approval Page 2

N ew 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 th e 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 sub stantial 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
Manage ment 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 i s 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 environmentalTCEQ

– GHG Rules Submitted for SIP Approval Page 3

N ew 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 was te 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 Not ice 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 b e 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 ap proval 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 reques t 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 ar e available for review and copying;TCEQ

– GHG Rules Submitted for SIP Approval Page 4

N ew 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 represen ts 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 a nalysis 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 heari ng, 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

N ew 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 11 6, 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 ef fective 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 signi ficant; 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 cas e 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 distinguis hes 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 theTCEQ

– GHG Rules Submitted for SIP Approval Page 6

N ew 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 subje ct 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 r equested 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 (NAAQ S) 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 Ai r 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

N ew 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

pa ragraphs [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 affect ed 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 requirement s 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 fo r 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 inc rease 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

Co de, §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 t he 30

- day comment period following the last publication of Notice of Receipt of Application andTCEQ

– GHG Rules Submitted for SIP Approval Page 8

N ew 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

- da y 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 act ivity;

(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

re questor ' 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 provid es 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 J anuary 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

N ew 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 offi ce 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 a uthorize 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; an d

(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 su bsection:

(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 caseTCEQ

– GHG Rules Submitted for SIP Approval Page 10

N ew 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 gra nted. 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 s tatement 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 noti ce 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 un der 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 co nsumption 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 m eeting at the request of any interested person; andTCEQ

– GHG Rules Submitted for SIP Approval Page 11

N ew 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 sectio n 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 ex ecutive 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 i n 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

ap plication for which there is an opportunity for contested case hearing, that only relevantTCEQ

– GHG Rules Submitted for SIP Approval Page 12

N ew 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 Ch apter 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 informat ion 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.

§39.41 2. 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 Preventi on 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 not ice 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 Prelimina ry 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

N ew 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

exec utive 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 t he 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 submit ted. The public co mment 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 d irector ' s response to comments unless the comments are timely submitted to the commission; andTCEQ

– GHG Rules Submitted for SIP Approval Page 14

N ew 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 c hief 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 accordi ng 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 confidenti al 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), excep t that the sign or signs must be in place on the first day of publi cation 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 ; andTCEQ

– GHG Rules Submitted for SIP Approval Page 15

N ew 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 a ction 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 decis ion 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 App lication 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 typ e 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

N ew 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 Applic ation 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 foll owing 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 immediat ely 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 m ust 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

clas sification 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 tit le (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

N ew 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 appli cant;

(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 Pu blic 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

N ew 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 liste d 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 th e 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 Pe rmits 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

N ew 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 conta minants 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) th at 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 p roperty 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 applicat ions 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 draf t 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

th is 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

N ew 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 hear ing;

(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 incl uded 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 applic ation 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 complian ce 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 Upd ate).TCEQ

– GHG Rules Submitted for SIP Approval Page 21

N ew 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 sub section (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

N ew 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 meani ngs 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 indic ates 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 co mmon 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 incineratio n 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 ow ner 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 th e 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 leve ls 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

N ew 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, dryer s, 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 dispo sed 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, decorati ve, 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 solven t 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 un it

-- 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 turb ine 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 compoundsTCEQ

– GHG Rules Submitted for SIP Approval Page 24

N ew 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

c hanges 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 solve nt 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

N ew 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 gro und 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 b e 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 r egulated 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 re duction 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

additi onal percentage points above an applicable opacity limit, averaged over a six

- minute period.TCEQ

– GHG Rules Submitted for SIP Approval Page 26

N ew 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

comp ound.

(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 consi sts 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 t hat 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 ai r 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) spe cifications 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

N ew 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 particula te 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 vegetabl e 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 ha ving 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 ( CO 2 ), nitrous oxide (N
2 O), methane (CH 4 ), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF 6 ).

(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, 4 2 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 squ are 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 combust ibles of the waste and is equipped with a flue for conducting products of combustion to the atmosphere. Any combustion device thatTCEQ

– GHG Rules Submitted for SIP Approval Page 28

N ew 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 mil ls 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

pro vided 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 produ cts, 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,

includin g 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 t he 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 operat ions,

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 concentr ation 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 industrialTCEQ

– GHG Rules Submitted for SIP Approval Page 29

N ew 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 Determina tion).

(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 U nited 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 State s Code, §7505a.TCEQ

– GHG Rules Submitted for SIP Approval Page 30

N ew 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 ca rgo 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 annul ar 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 disca rded 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 plannin g 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 gener ated 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 Emissi on 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, commerci al, 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

N ew 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, injec tion 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 sol id 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 grou nd

- 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 contamin ant 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 (NO X )

-- The sum of the nitric oxide and nitrogen dioxide in the flue gas or emission point, collectively ex pressed 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 ofTCEQ

– GHG Rules Submitted for SIP Approval Page 32

N ew 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) Par t 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 re quirement 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 emi ssions 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

meas ured 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 th e 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 t he atmosphere or in a gas stream at standard conditions.

(A) Particulate matter with diameters less than 10 micrometers (PM 10 )

-- Particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a reference met hod 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
(PM 2.5 )

-- Par ticulate 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

N ew 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 implementatio n 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 (PM 2.5 ) 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 PM 2.5 direct emissions that contribute to the formation of PM 2.5 . PM 2.5 precursors include sulfur dioxide (SO
2 ), nitrogen oxides ( NO X ) , 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

o ther processing of unfinished petroleum derivatives.

(79) [(78)] PM 2.5 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 4 0 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)] PM 10 emissions

-- Finely

- divided solid or liquid material wit h 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 met hod specified in an approved state implementation plan.TCEQ

– GHG Rules Submitted for SIP Approval Page 34

N ew 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 chemic al, 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

matte r, 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 o ne 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 t he 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

N ew 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 t o 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

mixtu res 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 mus t 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 poun ds;

(

- d

- ) carbon monoxide

- 5,000 pounds;TCEQ

– GHG Rules Submitted for SIP Approval Page 36

N ew 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 (HCF C

- 31)

- 5,000 pounds;

(

- i

- ) chloropentafluoroethane (CFC

- 115)

- 5,000 pounds;

(

- j

- ) 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

124)

- 5,000 pounds;

(

- k

- ) 1

- chloro

- 1,1,2,2 tetrafluoroethane (HCFC

124a)

- 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 pou nds;

(

- 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

N ew 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 (HCFC

123a)

- 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

a nd 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 (HFC

227ea)

- 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 pou nds;

(

- ee

- ) octanes (any isomer)

- 5,000 pounds;TCEQ

– GHG Rules Submitted for SIP Approval Page 38

N ew 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, whi ch 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

N ew 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

- t etrachlorodifluoroethane (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 (CFC

113a)

- 5,000 pounds;

(

- ww

- ) 1,1,1

- trifluoro

- 2,2

- dichloroethane (HCFC

123)

- 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

- nonafluoro

4

- (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 contaminan t compounds listed in this paragraph;TCEQ

– GHG Rules Submitted for SIP Approval Page 40

N ew 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 am ount 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 subpa ragraph (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 a re 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 six

minute 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 update d 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 regulat ed entity property line:TCEQ

– GHG Rules Submitted for SIP Approval Page 41

N ew 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

combus tible 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

ca ns, 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 Requirem ents); 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 activ ities 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 b y §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 tre atment plant; or air pollution control equipment.TCEQ

– GHG Rules Submitted for SIP Approval Page 42

N ew 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 r esulting 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 irrigat ion 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 m ake 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 reg ulated 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 repre ssurizing 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 o wned or operated. Upon request of a source owner, the executive director shallTCEQ

– GHG Rules Submitted for SIP Approval Page 43

N ew 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 w aste 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, pathologi cal 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 statisti cal 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 submerg ed 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)] Su lfuric 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 Me thod 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 mea sured by the method described in 40 Code of Federal Regulations Part 50, Appendix B.TCEQ

– GHG Rules Submitted for SIP Approval Page 44

N ew 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

t o 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 unavoidab le 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 bo iler 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

N ew 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 extra cting 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 c ontrol 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)] Ve nt

-- 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)] Volati le 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

N ew 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 facili ty/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) volatil e organic compounds (VOC), 25 tpy nitrogen oxides (NO X ), 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 contamina nt 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 defi ned 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

acti vities 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 emis sions 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, NO X , carbon monoxide (CO), sulfur dioxide (SO
2 ), lead (Pb), particulat e matter of less than 10 microns in diameter (PM
10 ), 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 purpo ses 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 emi ssion 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 ozoneTCEQ

– GHG Rules Submitted for SIP Approval Page 47

N ew 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 sha ll 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 chan ge 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, NO X , CO, S O 2 , Pb, or PM
10 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

necess ary 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

N ew 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, requir ed 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 pr ocedural 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

s pecial 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 Te xas 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

N ew 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 t he 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 th e process units or areas, the common name of the facilities that incurred the emissions event, and the common name of the emissionTCEQ

– GHG Rules Submitted for SIP Approval Page 50

N ew 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 discov ery 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 an alysis, 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

- hou r 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 de finition 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 Reg ulated 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 nu mber 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

N ew 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 th e 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 exp ected 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 requirement s 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 reportab le 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 theTCEQ

– GHG Rules Submitted for SIP Approval Page 52

N ew 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, the n 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 faci lities 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 provi de 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 t he 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 boil ers 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 n ot 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 p aragraph; 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 an d methods must be used to provide reasonably accurate representations forTCEQ

– GHG Rules Submitted for SIP Approval Page 53

N ew 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 fo r 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 num ber 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 e vent, 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 theTCEQ

– GHG Rules Submitted for SIP Approval Page 54

N ew 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 ident ification 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 o f 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 involv ed 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 th e 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 refere nced 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 tot al 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

N ew 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

und er 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 j urisdiction 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 submitte d 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, coa l, 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 non

reportable emissions event s 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 l ater 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 inTCEQ

– GHG Rules Submitted for SIP Approval Page 56

N ew 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 o f 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 n umber 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) th e 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 occur red;

(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 bes t 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 eva luation 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 inTCEQ

– GHG Rules Submitted for SIP Approval Page 57

N ew 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 pol lution 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, addi tional 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

su bmit 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 requir ed 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 ti tle 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 theTCEQ

– GHG Rules Submitted for SIP Approval Page 58

N ew 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 tot al 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 §101.1 0 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 reportin g 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 s mall 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

fram es 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

N ew 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)

.

SUB CHAPTER 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 ga ses (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 b y 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 (NO X ); [or]

(B) 25 tpy of volatile organic compounds (VOC)

, [or] sulfur dioxide (SO
2 )

, or inhalable particulate matter (PM); [or]

(C) 15 tpy of particulate matter with diameters of 10 microns or less
(PM 10 ); [or]

(D) 10 tpy of particulate matter with diameters of 2.5 microns or less
(PM 2.5 ); or

(E) 25 tpy of any other air contaminant ex cept:

(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

N ew 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 amen ded 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 emiss ions 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 Subc hapter 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 NO X ; or 25 tpy of VOC or SO
2 or PM; or 15 tpy of PM
10 ; or 10 tpy of PM 2.5 ; or 25 tpy of any other air contaminant except [ carbon dioxide, ] water, nitrogen, [ methane, ] ethane, hydrogen, [ and ]

ox ygen , and GHGs (as specified in §106.2 of this title (relating to Applicability))

.TCEQ

– GHG Rules Submitted for SIP Approval Page 61

N ew 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 permi t 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 al lowances for NO X 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 contr ol 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 agen cies. 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

N ew 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: DEFINI TIONS

§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

- Wid e 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 p ollutant 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 establish ing 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 repr esentative 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 presum e 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 li mits 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

N ew 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 emissi ons 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 p er 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 co nsecutive 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 actua lly 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 perm it 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 i ncrease 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

N ew 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

consec utive 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

c onsecutive 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 shal l 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 ma y 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 vo lume, the minimum fuel quality based on British thermal units content shall be used for determining the basic design parameters for a coal

fired 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 ra w 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 d irector 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, th at 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

N ew 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 informati on 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 param eter(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 pol lutant

- 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 consider ed 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 eq uivalent (CO
2 e) 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 technolo gies 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 oxidesTCEQ

– GHG Rules Submitted for SIP Approval Page 66

N ew 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 generati on 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 ha s:

(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)] Contempora neous 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 (net ting)

-- 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 theTCEQ

– GHG Rules Submitted for SIP Approval Page 67

N ew 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)] Ele ctric 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 distrib ution 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 und er 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

N ew 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 st andards 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 sou rce

-- 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 greenh ouse 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 fede rally 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 isTCEQ

– GHG Rules Submitted for SIP Approval Page 69

N ew 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 o f 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 a nd 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 m ajor 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 sign ificant 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 designation 1 MAJOR

SOURCE tons/year SIGNIFICANT

LEVEL 2 tons/year OFFSET

RATIO

minimum

OZONE (VOC,

NO X ) 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 1 4TCEQ

– GHG Rules Submitted for SIP Approval Page 70

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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 1 4

SO 2 100 40 1.00 to 1 4

PM 10 I moderate

II serious 100

70 15

15 1.00 to 1 4

1.00 to 1 4

NO

x 5 100 40 1.00 to 1 4

Lead 100 0.6 1.00 to 1 4

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 ma jor sources

of NO X 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 NO X are precurs ors 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

NO X = oxides of nitro gen
NO 2 = nitrogen dioxide

CO = carbon monoxide

SO 2 = sulfur dioxide

PM 10 = 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
(]NO
2 [)].TCEQ

– GHG Rules Submitted for SIP Approval Page 71

N ew 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 alte rnative 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 (unle ss 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 emission s 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

N ew 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 operati on 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 po llutant

- 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 decr eases. 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 deterio ration 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 extentTCEQ

– GHG Rules Submitted for SIP Approval Page 73

N ew 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 exc eeds 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 basel ine 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 s ignificant 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 uni t 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

-- F or 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 (r elating 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 ofTCEQ

– GHG Rules Submitted for SIP Approval Page 74

N ew 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 enforceab le 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 lev el 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

-- T he 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 r esultant modification begins emitting. Baseline actual emissions shall be used to determineTCEQ

– GHG Rules Submitted for SIP Approval Page 75

N ew 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 sectio n.

(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 polluta nt. 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 repo rting 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 accommo dated 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 i ncrease. 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 completio n 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

N ew 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 f acility 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 r emoved 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 emissi on 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 impac t 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 th e 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 vess el.

(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 faci lity

-- 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

N ew 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 installa tion 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

N ew 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 SO URCE REVIEW PERMITS

DIVISION 1: PERMIT A PPLICATION

§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 author ized 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 ves sel 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 an y 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 construct ion 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. P rior to evaluation of BACT under the TCAA, all facilities with pollutants subject to regulation under Title I Part C of the FederalTCEQ

– GHG Rules Submitted for SIP Approval Page 79

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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) Perfo rmance 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 propos ed 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 requir ements 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 toTCEQ

– GHG Rules Submitted for SIP Approval Page 80

N ew 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 fo r 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 dir ector 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 guideli nes 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 Su bchapter 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, o f 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 requir ements 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 s pecial permit from the commission, the executive director or designated representative may exempt the relocation of such facility from theTCEQ

– GHG Rules Submitted for SIP Approval Page 81

N ew 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 n ew 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

N ew 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 SO URCE REVIEW PERMITS

DIVISION 6: PREVENTI ON 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 i dentified 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 tho se 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 S tates 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

N ew 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 avail able 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 bod ies.

(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

cei lings, 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

infor mation, 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 re place 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 provisionsTCEQ

– GHG Rules Submitted for SIP Approval Page 84

N ew 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 modi fied 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 (CO

2 e); or

(2) Existi ng 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 CO

2 e.

(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 ma ss 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 CO

2 e.

(4) GHGs major modification at an existi ng 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 namedTCEQ

– GHG Rules Submitted for SIP Approval Page 85

N ew 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 CO

2 e; 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 z ero tpy GHGs on a mass basis, and a net emissions increase of 75,000 tpy or more CO

2 e.

(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 CO

2 e.

(b) New station ary 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 requi re 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

o perators 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 chang e, or change in method of operation.

§116.169. Greenhouse Gases Program Transition s

.

(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 wi ll be subject to the applicable requirements of this chapter.TCEQ

– GHG Rules Submitted for SIP Approval Page 86

N ew 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 b e 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

N ew 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: STANDA RD 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 secti on 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

D efinitions)

, 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

p ermit.

(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 co ntrol 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

N ew 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 projec t 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 greenh ouse gases i s 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 contamin ants 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 11 2(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 s ubject 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 jur isdiction, 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

N ew 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 pe riod 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 G reenhouse 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 an d 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 c ertified 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 s hall 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 requiremen ts of §116.115 of this title (relating to General and Special Conditions).TCEQ

– GHG Rules Submitted for SIP Approval Page 90

N ew 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 registratio ns 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 Definitio ns)) 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

N ew 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 rate s 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 b y 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

be come 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

e mission 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 Def initions).

(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

N ew 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 mont hs 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) Al l 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 withi n 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.