Regulatory Text:

•             SUBCHAPTER  B:  NEW SOURCE REVIEW PERMITS

     DIVISION 6 : PREVENTION OF SIGNIFICANT DETERIORATION REVIEW 

§§116.160 to 116.163

(Approved by EPA 08/19/97 (62 FR 44087) at 52.2270(c)(102) effective 10/20/97.)

Outline
  §116.160.  Prevention of Significant Deterioration Requirements.
  §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.


Section 116.160.  Prevention of Significant Deterioration Requirements.

102F  (a)  Each proposed new major source or major modification in an attainment or unclassifiable area shall comply with the Prevention of Significant Deterioration (PSD) of Air Quality regulations promulgated by the United States Environmental Protection Agency (EPA) in Title 40 Code of Federal Regulations (CFR) at 40 CFR 52.21 as amended June 3, 1993 (effective June 3, 1994) and the Definitions for Protection of Visibility promulgated at 40 CFR 51.301, hereby incorporated by reference.

As adopted by TNRCC March 1, 1995 effective April 5, 1995

102B  (b)  The following paragraphs are excluded:

102B       (1)  40 CFR 52.21(j), concerning control technology review;

102B       (2)  40 CFR 52.21(l), concerning air quality models;

102B       (3)  40 CFR 52.21(q), concerning public notification (provided, however, that a determination to issue or not issue a permit shall be made within one year after receipt of a complete permit application so long as a contested case hearing has not been called on the application);

102B       (4)  40 CFR 52.21(r)(2), concerning source obligation;

102B       (5)  40 CFR 52.21(s), concerning environmental impact statements;

102B       (6)  40 CFR 52.21(u), concerning delegation of authority; and

102B       (7)  40 CFR 52.21(w), concerning permit rescission.

102B  (c)  The term "Executive Director" shall replace the word "Administrator," except in 40 CFR 52.21(b)(17), (f)(1)(v), (f)(3), (f)(4)(i), (g), and (t).  "Administrator or Executive Director" shall replace "Administrator" in 40 CFR 52.21(b)(3)(iii), and "Administrator" shall replace "Administrator" in 40 CFR 52.21(p)(2).
As adopted by TACB August 16, 1993 effective September 13, 1993

102B  (d)  All estimates of ambient concentrations required under this paragraph 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 PSD State Implementation Plan.  If the air quality impact model approved by EPA or specified in the guideline is inappropriate, the model may be modified or another model substituted on (1) a case-by-case basis, or (2) 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.

As adopted by TACB August 16, 1993 effective September 13, 1993

*********************** end 116.160 ********************87f**

Section 116.161.  Source Located in an Attainment Area with a Greater than De Minimis Impact.

102B   The Texas Natural Resource Conservation 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) pursuant to Section 107 of the Federal Clean Air Act 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 §116.010 of this title (relating to General Definitions) at any locality that is designated as nonattainment or is predicted to be nonattainment for the applicable standard.

As adopted by TACB August 16, 1993 effective September 13, 1993

*********************** end 116.161 ********************87f**

Section 116.162.  Evaluation of Air Quality Impacts.

102B   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:

102B       (1)  40 CFR 51.100(hh)-(kk) promulgated November 7, 1986;
 
102B       (2)  The definitions of “owner or operator,” “emission limitation and emission standards,” “stack,” “a stack in existence,” and “reconstruction,” as given under Sections 40 CFR 51.100(f), (z), (ff), (gg), and 40 CFR 60, respectively;

102B       (3)  40 CFR 51.118(a), (b), and (c); and

102B       (4)  40 CFR 51.164.

As adopted by TACB August 16, 1993 effective September 13, 1993

*********************** end 116.162 ********************87f**

Section 116.163.  Prevention of Significant Deterioration Permit Fees.

102B   (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 Deteriora-tion (PSD) of Air Quality are applicable, the fee is $1,500.

102B   (b)  If the estimated capital cost of the project is $300,000 or more and the PSD regulations are applicable, the fee is 0.5% of the estimated cap-ital cost of the project.  The maximum fee is $75,000.

102B   (c)  Whenever a permit application is submitted under PSD requirements, there shall be no additional fee for the state new source review permit application.

102B   (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).

102B   (e)  A fee of $75,000 shall be required if no estimate of capital project cost is included with a permit application.

As adopted by TACB August 16, 1993 effective September 13, 1993

*********************** end 116.163 ********************87f**
****end prevention of significatn deterioration review***87f**