SECTION 116.164. Prevention of Significant Deterioration Applicability for Greenhouse Gases Sources

(a) Greenhouse Gases (GHGs) are subject to Prevention of Significant Deterioration (PSD) review under the conditions specified in paragraphs (1) or (2) of this subsection. Projects with increases in GHG emissions do not require a PSD applicability evaluation for GHGs unless the project requires PSD review for a pollutant other than GHGs.

(1) New source, major for non-GHGs. The stationary source is a new major stationary source for a federally regulated new source review (NSR) pollutant that is not GHGs, and will emit or have the potential to emit 75,000 tons per year (tpy) or more carbon dioxide equivalent (CO₂ e); or

(2) Existing source, major for non-GHGs. The stationary source is an existing major stationary source for a federally regulated NSR pollutant that is not GHGs, and will have a significant net emissions increase of a federally regulated NSR pollutant that is not GHGs, and a net emissions increase greater than zero tpy GHGs on a mass basis and 75,000 tpy or more CO₂ e.

(b) New stationary sources with emissions of GHGs, or existing stationary sources that undertake a physical change or change in the method of operations that includes emissions of GHGs, that do not meet any of the conditions in subsection (a) of this section do not require authorization for emissions of GHGs under this subchapter, Subchapter F of this chapter (relating to Standard Permits), Subchapter G of this chapter (relating to Flexible Permits), or Chapter 106 of this title (relating to Permits by Rule). Owners or operators of these sources must keep records sufficient to demonstrate the amount of emissions of GHGs from the source as a result of construction, a physical change or a change in method of operation do not require authorization under subsection (a) of this section. Records must be made available at the request of personnel from the commission or any local air pollution control agency having jurisdiction. Records must be maintained for a minimum of five years from the date of the construction, physical change, or change in method of operation.

Source Note: The provisions of this §116.164 adopted to be effective April 17, 2014, 39 TexReg 2901; amended to be effective November 22, 2018, 43 TexReg 7540