x
control in those areas of the state failing to meet
the National Ambient Air Quality Standards for ozone. Sources under the air
pollution control conditions of permits are required to use CO control technology
which reduces CO while limiting the production of NO
x
. Certain sources, such as catalyst regeneration units, remain subject
to the CO emission limitations in 40 Code of Federal Regulations (CFR) §60.103.
The control method specified in Chapter 119 requires incineration of CO
containing waste gas at 1,300 degrees Fahrenheit. This temperature is not
high enough to convert the CO to CO
2
. The minimum
temperature required to begin the combustion of CO is 1,400 degrees. Therefore,
the requirements of Chapter 119 do not result in any significant decrease
in CO, but do produce NO
x
.
The control requirements of Chapter 119 are not necessary to protect the
air resources of the state; accordingly, the commission has determined that
the chapter can be safely repealed without creating a threat to public health.
Certain sources, such as catalyst regeneration units, remain subject to
the CO emission limitations in 40 CFR §60.103, but not to a specific
and ineffective control method as required by Chapter 119. Any new source
that would be a significant producer of CO will be subject to these limits
as well as the air pollution control conditions of either new source review
or prevention of significant deterioration permitting.
FISCAL NOTE
Jeff Grymkoski, Director of Strategic Planning and Appropriations, has
determined that for the first five-year period the proposed repeals are in
effect, there will be no significant fiscal implications for state government
or units of local government. This action removes relatively ineffective and
little used control requirements and will not require any new expenditures
for affected industries.
PUBLIC BENEFIT
Mr. Grymkoski also has determined that for each of the first five years
the proposed repeals are in effect the public benefit will be removal of an
ineffective regulation. Evaluation of affected sources, control technologies,
and computer dispersion modeling demonstrates that Chapter 119 may be safely
repealed without creating a threat to public health.
SMALL BUSINESS ANALYSIS
Because this action will not impose any new regulatory requirements, there
will be no effect on small businesses.
DRAFT REGULATORY IMPACT ANALYSIS
This action does not impose any new regulatory requirements. The control
method required by Chapter 119 is unnecessary and ineffective in reducing
CO and has been replaced by more effective best available control technology
(BACT) as applied through permits. Chapter 119 applies to only three types
of sources: blast furnaces, iron cupolas, and catalyst regeneration units.
There are no blast furnaces left in the state that are not under permit. There
is only one iron cupola in the affected counties. This source emits less than
15 tpy of CO and is an insignificant source. The commission concludes that
the repeal of Chapter 119 does not result in a significant increase in ambient
levels of CO and is not a threat to public health. Therefore, this repeal
will not adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, or the public health and
safety of the state or a sector of the state. It does not meet the definition
of a major environmental rule under Texas Government Code, §2001.0225(f)(3).
The public may comment on this draft regulatory impact analysis under Texas
Government Code, §2001.29.
TAKINGS IMPACT ASSESSMENT
This action does not add new regulatory requirements. It does not restrict
or limit rights to an owner's private property that would otherwise exist
in the absence of this proposed action. This proposal, therefore, does not
meet the definition of a takings under Texas Government Code, §2007.002(5).
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has determined that this rulemaking relates to an action
or actions subject to the Texas Coastal Management Program (CMP) in accordance
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources
Code, §§33.201 et seq.), and the commission's rules in 30 TAC Chapter
281, Subchapter B, concerning Consistency with Texas Coastal Management Program.
As required by 31 TAC §505.11(b)(2) and 30 TAC §281.45(a)(3) relating
to actions and rules subject to the CMP, commission rules governing air pollutant
emissions must be consistent with the applicable goals and policies of the
CMP. The commission has reviewed this action for consistency with the CMP
goals and policies in accordance with the regulations of the Coastal Coordination
Council. For the proposed repeal of Chapter 119, the commission has determined
that the rule is consistent with the applicable CMP goal expressed in 31 TAC
§501.12(1) of protecting and preserving the quality and values of coastal
natural resource areas, and the policy in 31 TAC §501.14(q), which requires
that the commission protect air quality in coastal areas. This action is consistent
with 40 CFR because it does not authorize an emission rate in excess of that
specified by federal requirements. This action removes a regulation that is
unnecessary and ineffective in controlling CO. Additionally, the control requirements
of Chapter 119 would increase NO
x
emissions in
areas where NO
x
contributes to ozone formation.
Based on dispersion modeling, the commission concludes that the repeal will
not result in a significant increase in ambient concentration of CO. Certain
sources, such as catalyst regeneration units, remain subject to the CO emission
limitations in 40 CFR §60.103.
PUBLIC HEARING
A public hearing on this proposal will be held July 26, 1999, at 2:00 p.m.
in Room 5108 of Texas Natural Resource Conservation Commission Building F,
located at 12100 Park 35 Circle, Austin. The hearing is structured for the
receipt of oral or written comments by interested persons. Individuals may
present oral statements when called upon in order of registration. Open discussion
will not occur during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
SUBMITTAL OF COMMENTS
Comments may be submitted to Casey Vise, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Log Number 98035- 119-AI. Comments must be
received by 5:00 p.m., August 2, 1999. For further information, please contact
Beecher Cameron, of the Policy and Regulations Division, at (512) 239-1495.
STATUTORY AUTHORITY
The repeals are proposed under Texas Health and Safety Code, Texas Clean
Air Act (TCAA), §382.012, which provides the commission the authority
to develop a comprehensive plan for the state's air; and §382.017, which
authorizes the commission to adopt rules consistent with the policy and purposes
of the TCAA.
The proposed repeals implement Texas Health and Safety Code, §382.012,
concerning State Air Control Plan; and §382.017, concerning Rules.
§119.1. Counties Affected.
§119.2.Control Requirements for Specified Processes.
§119.3.Control Requirements for Iron Cupolas.
§119.4.Control Requirements for Blast Furnaces.
§119.5.Exceptions.
§119.6.Alternative Methods of Control.
§119.7.Compliance.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
June 17, 1999.
TRD-9903630
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: September 8, 1999
For further information, please call: (512) 239-1932