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

SUBCHAPTER B: NEW SOURCE REVIEW PERMITS

DIVISION 5: NONATTAINMENT REVIEW
As approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

Outline:
§116.150.  New Major Source or Major Modification in Ozone Nonattainment Areas. 6-64, TXd101
§116.151.  New Major Source or Major Modification in Nonattainment Areas Other Than Ozone. 6-47, TXd08


6B5 §116.150. New Major Source or Major Modifcation in Ozone Nonattainment Areas.
6-64: As adopted by TCEQ August 20, 2003 effective September 14, 2003 (6-64).
Submitted to EPA September 25, 2003.
Approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

(a) This section applies to administratively complete applications submitted on or after November 15, 1992 for new construction or modification of facilities located in any area designated asnonattainrnent for ozone in accordance with the FCAA, §107. The owner or operator of a proposed new or modified facility which will be a new major stationary source of volatile organic compound (VOC) emissions or nitrogen oxides (NOx) emissions, or the owner or operator of an existing major stationary source of VOC or NOx emissions that will undergo a major modification with respect to VOC or NOx, shall meet the requirements of paragraphs (1) - (4) of this subsection, except as provided in subsections (b) and (c) of this section. Table I of §116.12 of this title (relating to Nonattainment Review Definitions) specifies the various classifications of nonattainment along with the associated emission levels which designate a major stationary source or major modification for those classifications. Except as noted in subsection (b) of this section regarding NOx, the de minimis threshold test (netting) shall be required for all modifications to existing major sources of VOC or NOx unless at least one of the following conditions are met: the proposed emissions increases associated with a project, without regard to decreases, is less than five tons per year of the individual nonattainment pollutant or, the project emissions increases coupled with project actual emissions decreases for the same pollutant, summed as the project net, are less than or equal to zero tons per year. In applying the de minimis threshold test, if the net emissions increases, aggregated over the contemporaneous period, are greater than the major modification levels stated in Table I, then the following requirements apply. 
(1) The proposed facility shall comply with the lowest achievable emission rate (LAER) as defined in §116.12 of this title for the nonattainment pollutants for which the facility is a new major source or major modification except as provided in paragraph (3)(B) of this subsection and except for existing major stationary sources that have a potential to emit (PTE) of less than 100 tons per year of the applicable nonattainment pollutant. For these sources, Best Available Control Technology (BACT) can be substituted for LAER. LAER shall otherwise be applied to each new emission unit and to each existing emission unit at which the net emissions increase will occur as a result of a physical change or change in method of operation of the unit. 
(2) All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or under common control with the applicant) in the state shall be in compliance or on a schedule for compliance with all applicable state and federal emission' limitations and standards. 
(3) At the time the new or modified facility or facilities commence operation, the emissions increases from the new or modified facility or facilities shall be offset. The proposed facility shall use the offset ratio for the appropriate nonattainment classification as defined in §116.12 of this title and shown in Table I of §116.12 of this title. Internal offsets which are generated at the source and which otherwise meet all creditability criteria can be applied as follows. 
(A) Major stationary sources with a PTE of less than 100 tons per year of an applicable nonattainment pollutant are not required to undergo Nonattainment New Source Review under this section, if the project increases are offset with internal offsets at a ratio of at least 1.3 to 1. 
(B) Major stationary sources with a PTE of greater than or equal to 100 tons per year of an applicable nonattainment pollutant can substitute BACT for LAER, if the project increases are offset with internal offsets at a ratio of at least 1.3 to 1. Internal offsets used in this manner can also be applied to satisfy the offset requirement. 
(4) In accordance with the FCAA, the permit application shall contain an analysis of alternative sites, sizes, production processes, and control techniques for the proposed source. The analysis shall demonstrate that the benefits of the proposed location and source configuration significantly outweigh the environmental and social costs of that location. 

(b) For sources located in the El Paso ozone nonattainment area (El Paso County), the requirements of this section do not apply to NOx emissions. 

Adopted August 20, 2003, Effective September 14, 2003 (6-64).
***end tx 116.150***6-64***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p**


6B5 §116.151.  New Major Source or Major Modification in Nonattainment Areas Other Than Ozone.
As adopted by TNRCC March 18, 1998, effective April 7, 1998 (6-47).
Approved by EPA July 17, 2000 (65 FR 43986) effective August 16, 2000 (TXd08).

     This section applies to administratively complete applications submitted on or after November 15, 1992 for new construction or modification of facilities located in a designated nonattainment area for an air contaminant other than ozone.  The owner or operator of a proposed new or modified facility which will be a new major stationary source for that nonattainment air contaminant, or the owner or operator of an existing major stationary source that will undergo a major modification with respect to that nonattainment air contaminant, shall meet the additional requirements of paragraphs (1) - (4) of this section.  Table I of §116.12 of this title (relating to Nonattainment Review Definitions) specifies the various classifications of nonattainment along with the associated emission levels which designate a major stationary source or major modification for those classifications.

          (1)  The proposed facility shall comply with the lowest achievable emission rate (LAER) as defined in §116.12 of this title for the nonattainment pollutants for which the facility is a new major source or major modification.  LAER shall be applied to each new emission unit and to each existing emission unit at which the net emissions increase will occur as a result of a physical change or change in method of operation of the unit.

          (2)  All major stationary sources owned or operated by the applicant (or by any person controlling, controlled by, or under common control with the applicant) in the state shall be in compliance or on a schedule for compliance with all applicable state and federal emission limits and standards.

          (3)  At the time the new or modified facility or facilities commence operation, the emission increases from the new or modified facility or facilities shall be offset.  The proposed facility shall use the offset ratio for the appropriate nonattainment classification as defined in §116.12 of this title and shown in Table I of §116.12 of this title.

          (4)  In accordance with the Federal Clean Air Act, the permit application shall contain an analysis of alternative sites, sizes, production processes, and control techniques for the proposed source.  The analysis shall demonstrate that the benefits of the proposed location and source configuration significantly outweigh the environmental and social costs of that location.

As adopted by TNRCC March 18, 1998, effective April 7, 1998 (6-47).
***************end tx 116.151 approved by epa 07/17/00******TXd08*****cxr***
**************end texas chapter 116 subchapter b division 5***TXd101***m6p***