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Texas 30 TAC Chapter 116, Subchapter B, Division 6, Prevention of Significant Deterioration Review, SIP effective March 16, 2020 (TXd220)

Regulatory Text: 
Texas Commission on Environmental Quality

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

SUBCHAPTER B:  NEW SOURCE REVIEW PERMITS

DIVISION 6:  PREVENTION OF SIGNIFICANT DETERIORATION REVIEW
As approved by EPA February 13, 2020 (85 FR 8185) SIP effective  March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214]

Outline:
§116.160. Prevention of Significant Deterioration.
§116.161. Source Located in an Attainment Area with a Greater than De Minimis Impact.
§116.162. Evaluation of Air Quality Impacts.
§116.163. Prevention of Significant Deterioration Permit Fees.
§116.164. Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources
§116.169. Greenhouse Gases Program Transitions.
 

6B6 §116.160. Prevention of Significant Deterioration. SIP effective March 16, 2020 (TXd220)
Paragraphs (a) as adopted by TCEQ June 2, 2010, effective June 24, 2010 (6-77).
Submitted to EPA July 16, 2010, 
Regulations.gov document EPA-R06-OAR-2010-0620-0004 [TX110.04] Adobe page 96.
Approved by EPA September 15, 2010 (75 FR 55978) SIP effective November 15, 2010 (TXd118), 
Regulations.gov docket EPA-R06-OAR-2010-0620 [TX110].
Rest of section 116.160:
As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Submitted to EPA February 22, 2019 (TX-419),
Regulations.gov document EPA-R06-OAR-2019-0043-0003 [TX214.03] adobe page 78.
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214].
Explanation for Section 116.160 approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020:
     The PSD SIP includes 30 TAC Section 116.160(a) as adopted by the State as of 6/2/2010. 
[Regulations.gov document EPA-R06-OAR-2010-0620-0004 [TX110.04] Adobe page 96]
     The PSD SIP includes a letter from the TCEQ 
dated December 2, 2013, committing that Texas will follow a SIP 
amendment process to apply its PSD SIP to additional pollutants that 
are regulated in the future, including non-NAAQS pollutants. 
[Regulations.gov document EPA-R06-OAR-2013-0808-0009 [TX155.09]]
     The PSD SIP includes a letter from the TCEQ dated May 30, 2014, 
clarifying the judicial review process for the Texas PSD permit program.
[Regulaltions.gov doument EPA-R06-OAR-2013-0808-0028 [TX155.28]]

6B6 §116.160. Prevention of Significant Deterioration. SIP effective March 16, 2020 (TXd220)

Paragraph (a) as adopted by TCEQ June 2, 2010, effective June 24, 2010 (6-77).
Approved by EPA September 15, 2010 (75 FR 55978) effective November 15, 2010 (TXd118),
Regulations.gov docket EPA-R06-OAR-2010-0620 [TX110].

   (a) Each proposed new major source or major modification in an attainment or unc1assifiable area
shall comply with the 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.

Rest of section 116.160:
As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Submitted to EPA February 22, 2019 (TX-419),
Regulations.gov document EPA-R06-OAR-2019-0043-0003 [TX214.03] adobe page 78.
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220) 

Page 78
   (b) De minimis threshold test (netting):
      (1) is required for all modifications to existing major sources of federally 
regulated new source review pollutants, unless the proposed emissions increases 
associated with a project, without regard to decreases, are less than major 
modification thresholds for the pollutant identified in 40 Code of Federal Regulations 
(CFR) §52.21(b)(23); and
      (2) is required for GHGs at existing major sources if the proposed 
modification results in an emissions increase, without regard to decreases, as required 
in §116.164(a)(2) of this title (relating to Prevention of Significant 
Deterioration Applicability for Greenhouse Gases Sources).

Page 79
   (c) In applying the de minimis threshold test (netting), if the net emissions 
increases are greater than the major modification levels for the pollutant identified in 
40 CFR §52.21(b)(23) and for GHGs in §116.164 of this title, the following 
requirements apply.
      (1) In addition to those definitions in §116.12 of this title (relating to 
Nonattainment and Prevention of Significant Deterioration Review Definitions) the 
following definitions from prevention of significant deterioration of air quality 
regulations promulgated by the United States Environmental Protection Agency (EPA) 
in 40 CFR §52.21 and the definitions for protection of visibility and promulgated in 
40 CFR §51.301 as amended July 1, 1999, are incorporated by reference:
         (A) 40 CFR §52.21(b)(12) - (15), concerning best available control 
technology, baseline concentrations, dates, and areas;
         (B) 40 CFR §52.21(b)(19), concerning innovative control technology; 
and
         (C) 40 CFR §52.21(b)(24)-(28), concerning federal land manager,
terrain, and Indian reservations/governing bodies.

Page 80
      (2) The following requirements from prevention of significant 
deterioration of air quality regulations promulgated by the EPA in 40 CFR §52.21 are 
hereby incorporated by reference:
         (A) 40 CFR §52.21(c) - (k), concerning increments, ambient air 
ceilings, restrictions on area classifications, exclusions from increment consumption, 
redesignation, stack heights, exemptions, control technology review, and source impact 
analysis;
         (B) 40 CFR §52.21(m)-(p), concerning air quality analysis, source 
information, additional impact analysis, and sources impacting federal Class I areas;
         (C) 40 CFR §52.21(r)(4), concerning relaxation of an enforceable limitation; and
         (D) 40 CFR §52.21(v), concerning innovative technology.
      (3) The term "facility" shall replace the words "emissions unit" in the 
referenced sections of the CFR.
      (4) The term "executive director" shall replace the word "administrator" in 
the referenced sections of the CFR except in 40 CFR §52.21(g) and (v).

page 81
   (d) All estimates of ambient concentrations required under this subsection shall 
be based on the applicable air quality models and modeling procedures specified in 
the EPA Guideline on Air Quality Models, as amended, or models and modeling 
procedures currently approved by the EPA for use in the state program, and other 
specific provisions made in the prevention of significant deterioration state 
implementation plan. If the air quality impact model approved by the EPA or specified 
in the guideline is inappropriate, the model may be modified or another model 
substituted on a case-by-case basis, or a generic basis for the state program, where 
appropriate. Such a change shall be subject to notice and opportunity for public 
hearing and written approval of the administrator of the EPA.

***end tx 1116.160(b)-(d)***6-90***EPA-R06-OAR-2019-0043***TX214***TXd220***a3h***
 

6B6 §116.161. Source Located in an Attainment Area with a Greater than De Minimis Impact.
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) SIP effective October 18, 2002 (TXd34).
Approved before EPA Region 6 began putting documents in Regulations.gov dockets.

   The commission may not issue a permit to any new major stationary source or
major modification located in an area designated as attainment or unclassifiable, for any
National Ambient Air Quality Standard (NAAQS) under FCAA, §107, if ambient air
impacts from the proposed source would cause or contribute to a violation of any
NAAQS. In order to obtain a permit, the source must reduce the impact of its emissions
upon air quality by obtaining sufficient emission reductions to eliminate the predicted
exceedances of the NAAQS. A major source or major modification will be considered to
cause or contribute to a violation of a NAAQS when the emissions from such source or
modification would, at a minimum, exceed the de minimis impact levels specified in
§101.1 of this title (relating to Definitions) at any locality that is designated as
nonattainment or is predicted to be nonattainment for the applicable standard.
Adopted June 17, 1998 Effective July 8, 1998
***end §116.161 SIP effective October 18, 2002 (TXd34)***************************a3h*** 


6B6 §116.162. Evaluation of Air Quality Impacts.
As adopted by TNRCC October 10, 2001, effective November 1, 2001 (6-56).
Approved by EPA July 22, 2004 (69 FR 43752) SIP effective September 20, 2004 (TXd46).
Approved before EPA Region 6 began putting documents in Regulations.gov dockets.

   In evaluating air quality impacts under §116.160 of this title (relating to
Prevention of Significant Deterioration Requirements) or §116.161 of this title (relating
to Sources Located in an Attainment Area with a Greater Than De Minimis Impact), the
owner or operator of a proposed new facility or modification of an existing facility shall
not take credit for reductions in impact due to dispersion techniques as defined in Title
40 Code of Federal Regulations (CFR). The relevant federal regulations are incorporated
herein by reference, as follows:
      (1) 40 CFR §51.100(hh)-(kk) promulgated November 7, 1986;
      (2) the definitions of "owner or operator," "emission limitation and
emission standards," "stack," "a stack in existence," and "reconstruction," as given under
40 CFR §51.100(f), (z), (ff), (gg), promulgated November 7, 1986, and 40 CFR §60.15,
promulgated December 16, 1975, respectively;
      (3) 40 CFR §51.118(a) and (b), promulgated November 7, 1986; and
      (4) 40 CFR §51.164, promulgated November 7, 1986.
Adopted October 10, 2001 Effective November 1, 2001
***end §116.162 SIP effective September 20, 2004 (TXd46)***************************a3h*** 


6B6 §116.163. Prevention of Significant Deterioration Permit Fees.
As adopted by TCEQ September 25, 2002 effective October 20, 2002 (6-61).
Submitted to EPA October 4, 2002,
Regulations.gpv document EPA-R06-OAR-2005-TX-0026-0004 [TX032.02], Adobe page 358.
Approved by EPA March 20, 2009 (74 FR 11851) SIP effective May 19, 2009 (TXd101)

   (a) If the estimated capital cost of the project is less than $300,000 or if the project consists of 
new facilities controlled and operated directly by the federal government for which an application is 
submitted after January 1, 1987, and the federal regulations for Prevention of Significant Deterioration 
(PSD) of Air Quality are applicable, the fee is $3,000.
   (b) If the estimated capital cost of the project is $300,000 or more and the PSD regulations are 
applicable, the fee is 1.0% of the estimated capital cost of the project. The maximum fee is $75,000.
   (c) Whenever a permit application is submitted under PSD requirements, there shall be no 
additional fee for the state new source review permit application.
   (d) Certification of the estimated capital cost of the project shall be provided in accordance 
with §116.141(c) and (d) of this title (relating to Determination of Fees).
   (e) A fee of $75,000 shall be required if no estimate of capital project cost is included with a 
permit application.
Adopted September 25, 2002 Effective October 20, 2002
***end §116.163 SIP effective May 19, 2009 (TXd101)***************************a3h***
 

6B6 §116.164. Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources, SIP effective March 16, 2020 (TXd220)
As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Submitted to EPA February 22, 2019 (TX-419),
Regulations.gov document EPA-R06-OAR-2019-0043-0003 [TX214.03] adobe page 81.
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214].
Explanation:
   The PSD SIP does NOT include 30 TAC Sections 116.164(b).

Page 81
   (a) Greenhouse Gases (GHGs) are subject to Prevention of Significant 
Deterioration (PSD) review under the conditions specified in paragraphs (1) 
or (2) of this subsection. Projects with increases in GHG emissions do not require a PSD 
applicability evaluation for GHGs unless the project requires PSD review for a pollutant 
other than GHGs.
      (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 

Page 82
that is not GHGs, and will emit or have the potential to emit 75,000 tons per year (tpy) 
or more carbon dioxide equivalent (CO2e); or
      (2) Existing source, major for non-GHGs. The stationary source is an 
existing major stationary source for a federally regulated NSR pollutant that is not 
GHGs, and will have a significant net emissions increase of a federally regulated NSR 
pollutant that is not GHGs, and a net emissions increase greater than zero tpy GHGs 
on a mass basis and 75,000 tpy or more CO2e.
   (b) NOT IN SIP

As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220).
***end  tx 1116.164***6-90***EPA-R06-OAR-2019-0043***TX214***TXd220***a39***


6B6 §116.169. Greenhouse Gases Program Transitions.
As adopted by TCEQ March 26, 2014, effective April 17, 2014 (6-86).
Submitted to EPA April 16, 2014,
Regulations.gov document EPA-R06-OAR-2013-0808-0027 [TX155.27] Adpbe page 571.
Approved by EPA November 10, 2014 (79 FR 66626) SIP effective November 10, 2014 (TXd161).
Regulations.gov document EPA-R06-OAR-2013-0808-0026 [TX155.26]
Section 116.169 Explanation:
   The PSD SIP does NOT include 30 TAC Section 116.169(b).
   The PSD SIP includes a letter from the TCEQ dated January 13, 2014, regarding 
the TCEQ's authority to administer EPA-issued GHG PSD permits.
[Regulations.gov document EPA-R06-OAR-2013-0808-0010 [TX155.10]]

§116.169. Greenhouse Gases Program Transitions.
   (a) Upon the effective date of the United States Environmental Protection Agency
(EPA) approval of this chapter and rescission of the Federal Implementation Plan as 
published in the May 3, 2011, issue of the Federal Register (76 FR 25178), the
commission will accept transfer of and review applications previously filed with EPA for
greenhouse gas prevention of significant deterioration permits. These applications will
be subject to the applicable requirements of this chapter. 
(b) NOT IN SIP
Adopted March 26, 2014 Effective April 17, 2014
***end §116.169 SIP effective November 10, 2014 (TXd161)**********************a3h***
***end Texas 30 TAC Chapter 116, Subchapter B, Division 6, SIP effective March 16, 2020 (TXd220)***

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