Regulatory Text: 
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 September 15, 2010 (75 FR 55978) effective November 15, 2010 (TXd118)

Outline:
§116.160.  Prevention of Significant Deterioration Requirements. 6-77, TXd118, TX110
§116.161.  Source Located in an Attainment Area with a Greater than De Minimis Impact. 6-48, TXd34
§116.162.  Evaluation of Air Quality Impacts. 6-56, TXd46.
§116.163.  Prevention of Significant Deterioration Permit Fees. 6-61, TXd101


§116.160.  Prevention of Significant Deterioration Requirements. 6-77, TXd118, TX110
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    [Short ID:  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. 

     (b)  The de minimis threshold test (netting) 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).

     (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), 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.

           (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 §52.2l(r)(4), concerning relaxation of an enforceable limitation; and 

               (D)  40 CFR §52.2l(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).

     (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.

As adopted by TCEQ June 2, 2010, effective June 24, 2010 (6-77).
***end tx 116.160***6-77***EPA-R06-OAR-2010-0620***TX110***TXd118***r5a***


§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 (TXd34).

     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 (TXd46).

     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.
6-61: As adopted by TCEQ September 25, 2002 effective October 20, 2002 (6-61).
Submitted to EPA October 4, 2002.
Approved by EPA March 20, 2009 (74 FR 11851) 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 (6-61).
***end tx 116.163***6-61***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***

***************end texas chapter 116 subchapter b division 6***TXd101***m6p***