(a) With the exceptions set forth in this subpart, the Administrator approves Texas' plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below.
(b) EPA is disapproving the Texas SIP revision submittals as follows:
(1) The following definitions in 30 TAC 116.10--General Definitions:
(i) Definition of ``actual emissions'' in 30 TAC 116.10(1), submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998;
(ii) Definition of ``allowable emissions'' in 30 TAC 116.10(2), submitted March 13, 1996; repealed and re-adopted June 17, 1998 and submitted July 22, 1998; and submitted September 11, 2000;
(iii) Portion of the definition of ``modification of existing facility'' in 30 TAC 116.10(11)(E), submitted March 13, 1996; repealed and re-adopted June 17, 1998 and submitted July 22, 1998; and submitted September 4, 2002; and
(iv) Definition of ``qualified facility'' in 30 TAC 116.10(16), submitted March 13, 1996; repealed and re-adopted June 17, 1998 and submitted July 22, 1998; and submitted September 4, 2002;
(2) 30 TAC 116.116(e)--Changes at Qualified Facilities--submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998;
(3) 30 TAC 116.117--Documentation and Notification of Changes to Qualified Facilities--submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998;
(4) 30 TAC 116.118--Pre-Change Qualification--submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998.
(c) [Reserved]
(d) EPA is disapproving the Texas SIP revision submittals under 30 TAC Chapter 116--Control of Air Pollution by Permits for New Construction and Modification as follows:
(1) The following provisions in 30 TAC Chapter 116, Subchapter A--Definitions:
(i) 30 TAC 116.10--General Definitions--the definition of ``BACT'' in 30 TAC 116.10(3), adopted February 14, 1996, and submitted March 13, 1996; and repealed and readopted June 17, 1998, and submitted July 22, 1998;
(2)-(3) [Reserved]
(4) The following sections in 30 TAC Chapter 116, Subchapter C--Plant-Wide Applicability Limits, Division 1--Plant-Wide Applicability Limits:
(i)-(vii) [Reserved]
(viii) 30 TAC 116.194--Public Notice and Comment--adopted January 11, 2006, and submitted February 1, 2006;
(5) The following sections in 30 TAC Chapter 116, Subchapter F--Standard Permits:
(i) Revisions to 30 TAC 116.610--Applicability--paragraphs (a)(1) through (a)(5) and (b)--revisions adopted January 11, 2006, and submitted February 1, 2006;
(ii) 30 TAC 116.617--State Pollution Control Project Standard Permit--adopted January 11, 2006, and submitted February 1, 2006;
(e) EPA is disapproving the Texas SIP revision submittals under 30 TAC Chapter 101--General Air Quality Rules as follows:
(1) Subchapter F--Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities, Division 1--Section 101.222 (Demonstrations): Sections 101.222(h), 101.222(i), and 101.222(j), adopted December 14, 2005, and submitted January 23, 2006.
(f) EPA is disapproving the Texas SIP revision submittals under 30 TAC Chapter 116--Control of Air Pollution by Permits for New Construction or Modification as follows:
(1) Subchapter I--Electric Generating Facility Permits--Section 116.911(a)(2) (Electric Generating Facility Permit), adopted December 16, 1999, and submitted January 3, 2000.
(g) EPA has disapproved the Texas SIP revision submittals under 30 TAC Chapter 116--Control of Air Pollution by Permits for New Construction or Modification--Subchapter A--Definitions--Section 116.10(11)(G), adopted February 14, 1996, and submitted March 13, 1996; repealed and re-adopted June 17, 1998, and submitted July 22, 1998; and adopted August 21, 2002, and submitted September 4, 2002.
(h) EPA is disapproving the Texas SIP revisions submittals under 30 TAC Chapter 35--Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions and 30 TAC Chapter 116--Control of Air Pollution by Permits for New Construction or Modification as follows:
(1) The following provisions under 30 TAC Chapter 35, Subchapter A--Purpose, Applicability and Definitions:
(i) 30 TAC 35.1--Purpose--adopted November 18, 1998 and submitted December 10, 1998.
(ii) 30 TAC 35.2--Applicability--adopted November 18, 1998 and submitted December 10, 1998.
(iii) 30 TAC 35.3--Definitions--adopted November 18, 1998 and submitted December 10, 1998.
(2) The following provisions under 30 TAC Chapter 35, Subchapter B--Authority of the Executive Director:
(i) 30 TAC 35.11--Purpose and Applicability--adopted November 18, 1998 and submitted December 10, 1998.
(ii) 30 TAC 35.12--Authority of the Executive Director--adopted November 18, 1998 and submitted December 10, 1998.
(iii) 35.13--Eligibility of the Executive Director--adopted November 18, 1998 and submitted December 10, 1998.
(3) The following provisions under 30 TAC Chapter 35, Subchapter C--General Provisions:
(i) 30 TAC 35.21--Action by the Commission or Executive Director--adopted November 18, 1998 and submitted December 10, 1998.
(ii) 30 TAC 35.22--Term and Renewal of Orders--adopted November 18, 1998 and submitted December 10, 1998.
(iii) 30 TAC 35.23--Effect of Orders--adopted November 18, 1998 and submitted December 10, 1998.
(iv) 30 TAC 35.24--Application for Emergency or Temporary Orders--adopted November 18, 1998 and submitted December 10, 1998. No action is taken on subsection (b) and paragraphs (e)(6)-(7) which are outside the scope of the SIP.
(v) 30 TAC 35.25--Notice and Opportunity for Hearing--adopted November 18, 1998 and submitted December 10, 1998. No action is taken on paragraphs (e)(1)-(8) and (11)-(15) which are outside the scope of the SIP.
(vi) 30 TAC 35.26--Contents of Emergency or Temporary Order--adopted November 18, 1998 and submitted December 10, 1998.
(vii) 30 TAC 35.27--Hearing Required--adopted November 18, 1998 and submitted December 10, 1998.
(viii) 30 TAC 35.28--Hearing Requests--adopted November 18, 1998 and submitted December 10, 1998.
(ix) 30 TAC 35.29--Procedures for a Hearing--adopted November 18, 1998 and submitted December 10, 1998.
(x) 30 TAC 35.30--Application Fees--adopted November 18, 1998 and submitted December 10, 1998.
(4) The following provisions under 30 TAC Chapter 35, Subchapter K--Air Orders:
(i) 30 TAC 35.801--Emergency Orders Because of a Catastrophe--adopted November 18, 1998 and submitted December 10, 1998; revised June 28, 2006 and submitted July 17, 2006.
(ii) 30 TAC 35.802--Applications for an Emergency Order--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.411); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.802); revised June 28, 2006 and submitted July 17, 2006.
(iii) 30 TAC 35.803--Public Notification--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.412); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.803).
(iv) 30 TAC 35.804--Issuance of an Emergency Order--adopted November 18, 1998 and submitted December 10, 1998; revised June 28, 2006 and submitted July 17, 2006.
(v) 30 TAC 35.805--Contents of an Emergency Order--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.415); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.805); revised June 28, 2006 and submitted July 17, 2006.
(vi) 30 TAC 35.806--Requirement to Apply for a Permit or Modification--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.416); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.806).
(vii) 30 TAC 35.807--Affirmation of an Emergency Order--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.414); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.807); revised June 28, 2006 and submitted July 17, 2006.
(viii) 30 TAC 35.808--Modification of an Emergency Order--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.417); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.808); revised June 28, 2006 and submitted July 17, 2006.
(ix) 30 TAC 35.809--Setting Aside an Emergency Order--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.418); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.809).
(5) The following provision under 30 TAC Chapter 116, Subchapter K--Emergency Orders: 30 TAC 116.1200--Applicability--adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.410); revised November 18, 1998 and submitted December 10, 1998; revised January 11, 2006 and submitted February 1, 2006 (as redesignated to 30 TAC 116.1200). [45 FR 19244, Mar. 25, 1980, as amended at 49 FR 32190, Aug. 13, 1984; 61 FR 16062, Apr. 11, 1996; 75 FR 19493, Apr. 14, 2010; 75 FR 41335, July 15, 2010; 75 FR 56452, Sept. 15, 2010; 75 FR 69002, Nov. 10, 2010; 76 FR 1532, Jan. 11, 2011; 76 FR 71267, Nov. 17, 2011; 77 FR 65125, Oct. 25, 2012; 78 FR 59257, Oct. 28, 2013; 79 FR 40671, July 14, 2014]