September 11, 2012: TCEQ Announces revisions to its SOP program related to the use of IBR of major NSR permits.

Questions and Answers from the September 26, 2012 IBR informational meeting.

Resolution of the United States Environmental Protection Agency’s (EPA) objection to Incorporation by Reference (IBR) of major New Source Review (NSR) in Title V Site Operating Permits (SOP)

The Texas Commission on Environmental Quality announces several revisions to its SOP program related to the use of IBR of major NSR permits.

After October 1, 2012, all applications received for new SOPs, renewal of a SOP, and significant revisions to SOPs for a permitted area with major NSR permits must include a Major NSR Summary Table identifying monitoring, recordkeeping, reporting, and testing (MRRT) requirements for each emission point as reflected on the Maximum Allowable Emission Rate Table (MAERT).

All pending applications for new SOPs, renewal of a SOP, and significant revisions to SOPs for which notice has not yet been published by October 1, 2012 must also include a Major NSR Summary Table. Pending SOP applications for which notice has been published prior to October 1, 2012 must include a Major NSR Summary Table by the next renewal cycle.

The Major NSR Summary Table will follow the general format of the MAERT found in the major NSR permit, with three additional columns. The Major NSR Summary Table will include the:

• Prevention of significant deterioration/Nonattainment NSR (PSD/NNSR) permit number and issuance date;
• Emission point number (EPN) identification;
• Short and long term emission limits;
• Identification of Special Condition Number of the MRRT requirements from the appended PSD/NNSR permit, and;
• Necessary footnotes from the MAERT.

The Major NSR Summary Table will appear as shown below:

Permit Number: XXX and PSDTXXXX (Issuance Date: mm/dd/yyyy)

As part of the application process, applicants will be required to populate the table including the MRRT columns. The MRRT columns must also include any special condition number(s) which contain the indicated requirement for the specified emission point. The remaining columns must be populated as they appear in the most recently issued MAERT.

Upon receipt of the table, Air Permits Division (APD) will review the submission and address any issues or deficiencies. The table and the major NSR permit will be located in Appendix B of the SOP.

The Major NSR Summary Table resolves EPA’s objection to IBR of major NSR in SOPs by providing clarification to the relationship between emission points listed on the MAERT and the MRRT specified in the Special Conditions and/or General Conditions of the major NSR permit. The Major NSR Summary Table will only contain emission points, and references to Special Conditions, and/or General Conditions already authorized in the major NSR permit. The Major NSR Summary Table cannot be used to change underlying NSR conditions, emission limits, or to add MRRT. Changes to underlying NSR conditions, emission limits, or the addition of MRRT are changes to the major NSR permit and should be handled through an appropriate NSR application process.

In addition, after October 1, 2012, all SOP holders who submit the OP-REQ1 form as a part of a SOP project, will be required to include the associated permit issuance dates for each Title 30 Texas Administrative Code Chapter 116 authorization on the OP-REQ1 form. These dates will appear in the “New Source Review Authorization References” table in the Attachments Section of the SOP.

The APD will hold an informational meeting concerning this topic. The informational meeting will be in Austin on September 26, 2012 at 10:00a.m., in Building E, Room 201S, located at 12100 Park 35 Circle. The meeting will also be webcast .

For technical assistance concerning the webcast, please contact Carley Taglieri at CarleyTaglieri@TexasAdmin.com – 512-708-0793 or 866-226-6627.

For additional information, please call the Air Permits Division at 512/239-1250.