(a) Each proposed new major source or major modification
in an attainment or unclassifiable area shall comply with the requirements
of this section. In addition, each proposed new major source of greenhouse
gases (GHGs) or major modification involving GHGs shall comply with
the applicable 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) 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 project emissions increases 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 as required
in §116.164(a)(2) of this title (relating to Prevention of Significant
Deterioration Applicability for Greenhouse Gases Sources).
(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.
(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).
(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.
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Source Note: The provisions of this §116.160 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective April 5, 1995, 20 TexReg 2052; amended to be effective July 8, 1998, 23 TexReg 6973; amended to be effective November 1, 2001, 26 TexReg 8539; amended to be effective February 1, 2006, 31 TexReg 515; amended to be effective June 24, 2010, 35 TexReg 5344; amended to be effective April 17, 2014, 39 TexReg 2901; amended to be effective November 22, 2018, 43 TexReg 7540; amended to be effective July1, 2021, 46 TexReg 3924 |