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On January 29, 2020, the Texas Commission on Environmental Quality (TCEQ) submitted for consideration, under State rulemaking procedures, a proposed revision to the Texas State Implementation Plan (SIP).The proposal, which was submitted to EPA on January 30, 2020 for parallel processing, seeks to revise the air quality permitting rules located in Title 30 Texas Administrate Code (30 TAC) Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. The proposed revisions, which will be located under a new section, §116.118, Construction While Permit Application Pending, would allow applicants seeking authorization under certain types of minor New Source Review permit amendments to commence construction of a project at their own risk once the draft permit has been issued by TCEQ.

EPA has made a preliminary determination that the proposed rule satisfies applicable federal requirements. The proposed rule was published in the Federal Register on April 23, 2020 and will be open for public comment until May 26, 2020.

EPA will be able to take final action once Texas completes its rulemaking process, adopts its final regulations, and submits these final adopted regulations as revisions to the SIP. TCEQ's adoption of the final rule is scheduled for its July 15, 2020 Agenda.

Please review the following for more information:

85 Federal Register 22700, April 23, 2020
Summary of proposed 30 TAC §116.118