Regulatory Text: 
                   SUBCHAPTER B : NEW SOURCE REVIEW PERMITS

          DIVISION 6 : PREVENTION OF SIGNIFICANT DETERIORATION REVIEW

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.


§116.160.  Prevention of Significant Deterioration Requirements.
As adopted by TNRCC October 10, 2001, effective November 1, 2001 (6-56).
Approved by EPA July 22, 2004 (69 FR 43752) effective September 20, 2004.

     (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 EPA in Title 40 Code of Federal Regulations (CFR) at 40 CFR §52.21 as amended March 12, 1996 and the Definitions for Protection of Visibility promulgated at 40 CFR §51.301 as amended July 1, 1999, hereby incorporated by reference.

     (b)  The following paragraphs are excluded: 

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

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

          (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); 

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

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

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

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

     (c)  The definitions of building, structure, facility, or installation (40 CFR §52.21(b)(6)) and secondary emissions (40 CFR §52.21(b)(18)) are excluded and replaced with the following definitions:

• • (1)  building, structure, facility, or installation -- all of the pollutant-emitting activities

which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control).
Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 supplement.

• • (2)  secondary emissions -- emissions which would occur as a result of the construction

or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself.  Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emission except as a result of the construction or operation of the major stationary source or major modification.  Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

     (d)  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 and executive director" shall replace "administrator" in 40 CFR §52.21(p)(2). 

     (e)  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 PSD 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.

As adopted by TNRCC October 10, 2001, effective November 1, 2001 (6-56).
*********** end tx 116.160 approved by epa 07/22/04*****TXd46**********e7m**


§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) effective October 18, 2002.

     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.

As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
*************end tx 116.161 approved by epa 09/18/02******TXd34*****cxr**


§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) effective September 20, 2004.

     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.

As adopted by TNRCC October 10, 2001, effective November 1, 2001 (6-56).
*********** end tx 116.162 approved by epa 07/22/04*****TXd46**********e7m**


§116.163.  Prevention of Significant Deterioration Permit Fees.
As adopted by TACB August 16, 1993, effective September 13, 1993.
Approved by EPA August 19, 1997 (62 FR 44083) at 52.2270(c)(102) effective October 20, 1997.

     (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 $1,500.

     (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 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.

As adopted by TACB August 16, 1993, effective September 13, 1993 (6-31).
*************end tx 116.163 approved by epa 08/19/97****TXc102(i)(B)****cxr**
*************end tx 116.b.6 as approved by epa 07/22/04****TXd46********e7m**