Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 114.
CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES
The Texas Natural Resource Conservation Commission (commission) proposes
new §114.7, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated
Vehicle Retirement Program Definitions; §114.60, Applicability for LIRAP; §114.62,
LIRAP Funding; §114.64, LIRAP Requirements; §114.66, Disposition
of Retired Vehicle; §114.68, Emission Reduction Credits; §114.70,
Records, Audits, and Enforcement; and §114.72, Local Advisory Panels.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
To enhance the vehicle emissions inspection and maintenance (I/M) program's
objectives, the Texas Legislature adopted provisions to assist low income
individuals with repairs, retrofits, or retirement of vehicles that fail emissions
inspections. House Bill (HB) 2134, 77th Legislature, 2001, requires the commission
and the Texas Department of Public Safety (DPS), by rule, to provide the minimum
guidelines for counties to implement a low income vehicle repair assistance,
retrofit, and accelerated vehicle retirement program (LIRAP). The proposed
rules would apply to counties that implement a vehicle emissions I/M program
and have elected to implement LIRAP provisions.
House Bill 2134 requires the DPS and the commission by joint rule to establish
and authorize the commissioners court of an affected county to implement a
LIRAP subject to oversight by the executive director. Only those counties
that have implemented a vehicle I/M program are eligible for participation
in the LIRAP. Under the program, monetary or other compensatory assistance
will be provided for emission-related repairs directly related to bringing
the vehicle into compliance or for replacement assistance for a vehicle that
has failed the required emissions test and for which emission- related repairs
would not be economical. Vehicle eligibility criteria has been developed by
the commission, in association with the DPS. Emission-related repairs covered
by the program will be required to be carried out at a recognized emissions
repair facility. Participating counties may administer the program themselves
or contract with a private entity or another county to administer the program.
Participating counties must expend no less than 95% of the funds received
from the state for vehicle repair, retrofit, or vehicle retirement assistance.
Participation by counties is not mandatory.
House Bill 2134 also requires the commission to adopt rules to assist participating
counties in implementing the program. These rules include the minimum and
maximum amount for emission- related repairs and retrofit equipment and installation,
and the minimum and maximum amount toward the purchase price of a replacement
vehicle and criteria for determining eligibility. In addition, HB 2134 allows
the commissioners court of the participating county to appoint one or more
local advisory panels consisting of individuals representing automobile dealerships,
automotive repair industry, safety inspection stations, local affected governments
and local nonprofit organizations to advise the commissioners court on the
operation of the LIRAP.
House Bill 2134 requires the commission to authorize the assignment of
emissions reduction credits to private, commercial or business entities that
purchase qualified vehicles for accelerated retirement under this program.
Also, retired vehicles must be destroyed; recycled; dismantled, and the parts
sold; or placed in storage and subsequently retired and repaired, brought
into compliance, or used as replacement vehicles. No more than 10% of all
vehicles eligible for retirement may be used as replacement vehicles. The
commission anticipates that the DPS will adopt by reference these proposed
rules once they are adopted and become effective.
SECTION BY SECTION DISCUSSION
Subchapter A, Definitions
The proposed new §114.7, Low Income Vehicle Repair Assistance, Retrofit,
and Accelerated Vehicle Retirement Program Definitions, contains definitions
applicable to the LIRAP. The following terms are defined in the proposed section:
affected county, commercial vehicle, destroyed, dismantled, fleet vehicle,
LIRAP, participating county, recognized emissions repair facility, recycled,
replacement vehicle, retrofit, retrofit equipment, vehicle, and vehicle owner.
Definitions for the terms affected county, commercial vehicle, fleet vehicle,
participating county, retrofit, and retrofit equipment are defined by HB 2134.
The statute requires the commission to develop criteria for certifying retrofit
equipment. The commission has elected to use the United States Environmental
Protection Agency's (EPA's) certification of retrofit equipment as the criteria
for certification of retrofit equipment for LIRAP. The statute requires that
vehicles eligible for participation in the LIRAP be repaired by a recognized
emissions repair facility. Recognized emissions repair facility is defined
in 37 TAC §23.93, relating to Vehicles Emissions Inspection Requirements.
The statute also requires monetary or compensatory assistance for a replacement
vehicle; therefore, replacement vehicle has been defined as a vehicle that
has a valid DPS safety or safety and emissions inspection. The statute does
not define the terms destroyed, dismantled, and recycled; but to avoid creating
ambiguity, the proposed rules define these terms based on similar provisions
in the Texas Transportation Code relating to automobile wrecking and salvage
yards and non-repairable and salvage motor vehicles, and based on common understanding
of these terms in this industry. The definition of "vehicle" was added to
clarify that the only motor vehicles eligible for assistance under LIRAP are
those subject under §114.50(a), Vehicle Emissions Inspection Requirements,
which applies to all gasoline-powered motor vehicles two through 24 years
old and does not include military tactical vehicles, motorcycles, diesel-powered
vehicles, dual-fueled vehicles which cannot operate using gasoline, and antique
vehicles registered with the Texas Department of Transportation. The definition
of "vehicle owner" was added to clarify that a person holding a Certificate
of Title to the vehicle and/or an operator who is granted possession and is
authorized to make repairs under a lease or purchase agreement between the
title holder and the operator will be considered the vehicle owner for the
purposes of repair and retrofit assistance. For the purposes of accelerated
retirement, however, vehicle owner means the person who holds the Certificate
of Title for the vehicle.
Subchapter C, Vehicle Inspection and Maintenance
The proposed revisions to Subchapter C include changing the subchapter
title from "Vehicle Inspection and Maintenance" to "Vehicle Inspection and
Maintenance and Low Income Vehicle Repair Assistance, Retrofit, and Accelerated
Vehicle Retirement Program" in order to correctly reflect the modified content
of the subchapter. The subchapter is proposed to be divided into two divisions.
The existing sections of the subchapter would be placed into Division 1, Vehicle
Inspection and Maintenance, and the proposed new sections would be placed
into Division 2, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated
Vehicle Retirement Program.
The proposed new §114.60, Applicability for LIRAP, establishes the
applicability of §114.7, Low Income Vehicle Repair Assistance, Retrofit,
and Accelerated Vehicle Retirement Program Definitions, and Subchapter C,
Division 2, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated
Vehicle Retirement Program. The proposed new section applies to counties that
implement a vehicle I/M program and have elected to implement LIRAP provisions
as authorized by HB 2134. The proposed new §114.60(b) specifies that
vehicles must be subject to §114.50(a), Vehicle Emissions Inspection
Requirements, to be eligible for assistance under the LIRAP. In accordance
with HB 2134, the proposed new §114.60(c) specifically excludes the following
vehicles from being eligible to participate in the LIRAP: fleet vehicles;
commercial vehicles; vehicles owned or leased by a governmental entity; vehicles
registered as classic motor vehicles as defined by Transportation Code, §502.274;
and exhibition vehicles, including antique and military vehicles, as defined
by Transportation Code, §502.275; and vehicles that are not regularly
used for transportation during the normal course of daily activities. The
proposed new §114.60(d) requires participating counties to ensure that
owners of vehicles excluded from LIRAP under the proposed new subsection (c)
do not receive monetary or compensatory assistance through LIRAP. The commission
is developing guidance to assist participating counties in ensuring that only
owners of the eligible vehicles receive assistance.
The proposed new §114.62, LIRAP Funding, specifies the funding requirements
for the LIRAP. The proposed new §114.62(a) states that the LIRAP will
be funded from emissions test fees collected by the DPS under §114.53,
Inspection and Maintenance Fees. In accordance with the requirements of HB
2134, the proposed new §114.62(b) specifies that participating counties
must expend no less than 95% of the funds received from the commission for
vehicle repair, retrofit, or vehicle retirement assistance. Also in accordance
with the requirements of HB 2134, the proposed new §114.62(c) specifies
that counties electing to participate in the LIRAP shall receive, to the extent
practicable, funding in reasonable proportion to the amount in fees collected
in the affected county or area from emissions testing fees designated by the
commission.
The proposed new §114.64, LIRAP Requirements, specifies the requirements
for establishing and implementing a LIRAP. The proposed new §114.64(a)
specifies that, upon receiving the request by a county commissioners court,
the executive director shall authorize the implementation of LIRAP in a requesting
county, and that the county and the executive director shall enter into a
grant contract for the implementation of the LIRAP. The proposed new subsection
(a) specifies that the grant contract will provide conditions, requirements,
and projected funding allowances for the implementation of LIRAP. The proposed
new subsection (a) also allows a participating county to implement the LIRAP
through a contract with an entity approved by the executive director. The
proposed rulemaking requires that the participating county or its entity take
appropriate measures to determine applicant eligibility and repair effectiveness
and to ensure against fraud. The proposed rules specify that the county will
remain the contracted entity even if the county contracts for the services
necessary to implement the LIRAP. A grant contract between the participating
county and the executive director of the commission must adhere to uniform
grant management standards. Since fees collected by the state will be used
to fund local LIRAPs, other contract procedures required by other agencies
such as the Comptroller's Office may also be applicable. The commission is
developing a guidance document that will include sample application forms,
sample contracts, and other related information for counties to use to implement
the LIRAP.
The proposed new §116.64(b) specifies the requirements for repair
and retrofit assistance. The proposed new subsection (b), as required by statute,
specifies that a LIRAP shall provide for monetary or other compensatory assistance
to eligible vehicle owners for repairs directly related to bringing certain
vehicles that have failed a required emissions test into compliance with emissions
requirements or installing retrofit equipment on vehicles that have failed
a required emissions test, if practically and economically feasible, in lieu
of or in combination with repairs performed to bring a vehicle into compliance
with emissions requirements. The proposed subsection (b) requires that vehicles
under the LIRAP be repaired or retrofitted at recognized emissions repair
facilities. Additionally, the proposed subsection (b) requires the participating
county or its designated entity to make applications available for LIRAP participants
and specifies what the applicant must demonstrate, at a minimum, to be eligible
for repair or retrofit assistance. The vehicle must have failed a vehicle
emissions test within 30 days of application submittal. The requirement to
have failed a vehicle emissions test within 30 days of application submittal
is established to allow the vehicle owner a reasonable amount of time to consider
participating in the LIRAP. In addition, HB 2134 requires that the eligible
vehicle be capable of being operated or driven and be currently registered
in and have been registered in the program county for the two years immediately
preceding the application for assistance. To ensure that an eligible vehicle
is capable of being operated or driven, the proposed subsection requires that
the vehicle owner be able to demonstrate that vehicle can be started by keyed
ignition and idle without the use of the accelerator pedal for at least ten
continuous seconds, be driven in forward and reverse for a minimum of 25 feet
each way, and be driven under its own power to the emissions inspection station
or designated disposal facility. Additionally, the vehicle must have passed
the safety portion of the DPS motor vehicle safety and emissions inspection
as recorded in the Texas Vehicle Inspection Report (VIR), or the vehicle owner
must provide assurance that actions will be taken to bring the vehicle into
compliance with safety requirements. This requirement is proposed to ensure
that the vehicle is roadworthy after emission-related repairs or retrofit
work has been completed and the vehicle is in compliance with vehicle emissions
requirements. Additionally, the vehicle owner must demonstrate that his or
her net family income is at or below 200% of the federal poverty level. House
Bill 2134 is specifically directed at assisting low income individuals and
families. Commission staff researched other financial assistance programs
and determined that the Texas Children's Health Insurance Program (CHIP) provides
income eligibility requirements similar to the targeted population that the
LIRAP was intended to cover. Thus, the income eligibility for the LIRAP is
based on the CHIP eligibility requirement. For example, a family of four whose
annual income is $35,300 or less would be eligible to receive assistance under
the proposed rules. The applicant must also demonstrate that any other requirements
of the participating county or the executive director are met. The commission
solicits comments on the adequacy of the income eligibility requirements.
The proposed new §114.64(c) specifies the requirement for accelerated
vehicle retirement. The proposed new subsection (c) states that a LIRAP shall
provide for monetary or other compensatory assistance to eligible vehicle
owners to be used for the purchase of a replacement vehicle. New subsection
(c) also requires the participating county or its designated entity to make
applications available for LIRAP participants and specifies what an applicant
must demonstrate, at a minimum, to be eligible for accelerated vehicle retirement.
For the reasons previously discussed regarding repair and retrofit assistance,
the applicant must demonstrate that the vehicle has failed a vehicle emissions
test within 30 days of application submittal, can be started by keyed ignition
and idle without the use of the accelerator pedal for at least ten continuous
seconds, can be driven in forward and reverse for a minimum of 25 feet each
way, can be driven under its own power to the emissions inspection station
or designated disposal facility, and is currently registered in and has been
registered in the program county for the two years immediately preceding the
application for assistance. The vehicle owner must also demonstrate that his
or her net family income is at or below 200% of the federal poverty level
for the same reasons as discussed previously. Additionally, the vehicle must
have passed a DPS motor vehicle safety or safety and emissions inspection
within 15 months prior to application submittal. This is to avoid unnecessary
safety-related work being done prior to retiring the vehicle. Additionally,
the applicant is required to demonstrate that other requirements of the county
or executive director are met.
The proposed new §114.64(d) specifies the requirements related to
compensation. The proposed new subsection (d) requires that participating
counties determine eligibility and authorize monetary or other compensation
to the eligible vehicle owner based on available funding. The amount of monetary
or other compensatory assistance for emission repairs to eligible vehicles
by participating counties will be determined on a case-by-case basis. As required
by HB 2134, the proposed new §114.64(d)(1)(A) establishes the maximum
and minimum compensation amounts for repair and retrofit assistance, and specifies
that such repairs and retrofits must be performed by a recognized emissions
repair facility. The proposed new subsection (d) establishes that compensation
may be no more than $600 and no less than $50 per vehicle for emission-related
repairs or retrofits performed at a recognized emissions repair facility,
including diagnostics tests performed on the vehicle. The commission determined
the maximum $600 emission-related repair fee to be a reasonable and equitable
amount based on commission staff research on the State of California's Consumer
Assistance Program which provides financial assistance for related repairs
and accelerated vehicle retirement. The average repair cost in the State of
California's Consumer Assistance Program for Acceleration Simulation Mode
(ASM-2) emission-related repairs is $385 with some vehicles requiring higher
amounts and some vehicles requiring lower amounts depending on the cause of
emission failures. The proposed new §114.64(d)(2) also requires that
vehicle owners be responsible for the first $50 of emission-related repairs
or retrofit costs. Preventive work is normally performed as scheduled maintenance
by the vehicle owner. In some cases, minor maintenance work such as an oil
change, oil filter change, air filter change, or a positive crankcase ventilation
valve replacement may be all that is needed for the vehicle to be brought
into compliance. This maintenance work is not normally considered "vehicle
repair," but may be included as part of a larger repair job. Average cost
of this type of maintenance is $50. The commission proposes a $50 "copay"
to cover such routine maintenance work. The commission solicits comments on
the vehicle owner's responsibility to pay the first $50 of emission- related
repairs or retrofit costs and the adequacy of the amount.
The proposed new §114.64(d)(1)(B) also establishes that compensation
may be no more than $1,000 and no less than $600 per vehicle, including diagnostics
tests to be used as required by HB 2134, toward the cost of a replacement
vehicle for the accelerated retirement of a vehicle. The $1,000 maximum compensation
amount was determined by commission staff research on the State of California's
Consumer Assistance Program discussed previously, where originally $500 per
vehicle was offered, but resulted in low participation. The State of California
then raised the offer to $1,000 per vehicle which dramatically increased participation
in the program. The minimum of $600 per vehicle for replacement was derived
from the maximum allowed for repair assistance. A vehicle owner whose vehicle
has failed an emissions test and for which repairs are deemed uneconomical
is ensured of receiving no less than $600 or the maximum amount of what would
be paid for repairs.
Provided the retirement minimum and maximum amounts are met, the proposed
new §114.64(d)(3) provides that counties may implement a level of compensation
schedule that allows flexibility. In accordance with the requirements of HB
2134, the proposed new subsection (d) states that the following criteria may
be used for determining the amount of financial assistance provided: model
year of the vehicle; miles registered on the vehicle's odometer; fair market
value of the vehicle; estimated cost of emission-related repairs necessary
to bring the vehicle into compliance with emission standards; the amount of
money the vehicle owner has already spent to bring the vehicle into compliance,
excluding the cost of the vehicle emissions inspection; and the vehicle owner's
income. The commission solicits comments on the minimum and maximum compensation
amounts for repair, retrofit, and vehicle retirement assistance.
The proposed new §114.64(e) establishes the requirements for reimbursement.
The proposed new subsection (e) requires that counties reimburse the appropriate
recognized emissions repair facilities or vehicle retirement entity for approved
repairs, retrofits, or vehicle retirements within 30 calendar days of receiving
an invoice that meets the requirements of the county or designated entity.
The 30-calendar-day requirement is based on Texas Government Code, Prompt
Payment Act, Chapter 2251. To ensure that vehicles are repaired to meet vehicle
emissions standards, the proposed new subsection requires that repaired or
retrofitted vehicles pass a DPS safety and emissions inspection before the
recognized emissions repair facility is reimbursed.
The proposed new §114.66, Disposition of Retired Vehicle, explains
that vehicles retired under an accelerated vehicle retirement program may
not be resold or reused in their entirety in this or another state. As required
by HB 2134, the vehicle must either be destroyed, recycled, or dismantled
and its parts sold as used parts or used in the LIRAP; placed in a storage
facility and subsequently destroyed, recycled, or dismantled within 12 months
of vehicle retirement date and its parts sold or used in the LIRAP; or repaired,
brought into compliance, and used as a replacement vehicle under this chapter.
As required by HB 2134, not more than 10% of all vehicles eligible for retirement
may be used as replacement vehicles.
The proposed new §114.68, Emission Reduction Credits, establishes
emission reduction credits in accordance with the requirements of HB 2134.
The proposed section explains that counties may allow private, commercial,
and business entities to provide monetary assistance toward the LIRAP. The
proposed new §114.68(a) specifies the emission reduction credits available
under a LIRAP. The proposed new subsection (a) states that, to the extent
allowed under state and federal law, private, commercial, and business entities
may purchase an eligible vehicle under the proposed new §114.64(c), LIRAP
Requirements, for accelerated retirement as approved by the participating
county and may have 100% of the emission reductions certified as emission
credits. This percentage of emission reduction credits is established as an
incentive for private, commercial, and business entities to provide funding
in support of LIRAP. This emission reduction credit may be transferred or
used by the holder in accordance with 30 TAC Chapter 101, Subchapter H, Division
1 and 4 (relating to Emission Credit Banking and Trading and Discrete Emission
Credit Banking and Trading).
The proposed new §114.68(b) specifies the emission reduction credits
available for vehicles not covered under LIRAP. The proposed new subsection
(b) states that, to the extent allowed under state and federal law, a fleet
vehicle, a government owned or leased vehicle, or a commercial vehicle may
be retired and may have 100% of the emission reductions certified as emission
credits.
The total amount of emission reduction credits that may be eligible for
certification or registration is subject to requirements under Chapter 101,
Subchapter H, Division 1 and Division 4. For instance, mobile emission reduction
credits must be enforceable, permanent, quantifiable, real, and surplus; and
mobile discrete emission reduction credits must be real, quantifiable, and
surplus in accordance with the banking and trading rules and policies in Chapter
101, Subchapter H, Division 1 of this title.
The proposed new §114.70, Records, Audits, and Enforcement, establishes
requirements for recordkeeping, reporting, and enforcement in accordance with
HB 2134 which specifies that LIRAP will be subject to agency oversight that
may include reasonable periodic commission audits. The proposed new §114.70(a)
requires that a participating county submit quarterly audit reports to the
commission to ensure that funds expended have been used in accordance with
the requirements in this subchapter. The recordkeeping required in the proposed
new subsection (b) shall be transmitted to the state in paper copies or in
an electronic database format, to be determined by mutual agreement between
the state and the participating county. The proposed new §114.70(b) specifies
the minimum information that the quarterly reports must include. The quarterly
reports will provide the commission with the necessary information to ensure
accountability on how the funds are spent and managed, and whether the vehicles
are repaired, retrofitted, or retired according to requirements of state statutes
and commission rules. The report must include the name of the county issuing
the report; the name of the official representative certifying the report
on behalf of the county; the amount of funds received during the reporting
period; the amount of funds distributed for repair assistance, retrofitting,
or voluntary retirement; information for each vehicle participating in the
program, including vehicle identification number, license plate number, date
of vehicle repair, retrofit, or retirement; and other pertinent information
as required. The commission is preparing guidance that will include software
for counties to use in meeting this requirement. In addition, the proposed
new §114.70(c) requires that records be maintained for a minimum of three
years by the participating county, its designated entity, a participating
recognized emissions repair facility, and a participating vehicle retirement
facility. This three-year record retention requirement is consistent with
the vehicle scrappage program under §114.216 (relating to Records, Auditing
and Enforcement). Such records must be available upon request by the executive
director for auditing purposes.
The proposed new §114.70(d) requires that a participating county,
its designated entity, a participating recognized emissions repair facility,
and a participating vehicle retirement facility allow the executive director
to conduct audits and inspections. The proposed §114.70(e) states that
a person who, with intent to defraud, sells a vehicle in an accelerated vehicle
retirement program under the LIRAP commits an offense that is a third degree
felony. Under HB 2134, LIRAP is subject to commission oversight. Therefore,
these recordkeeping, auditing, and reporting requirements are proposed to
fulfill the statutory oversight responsibilities.
The proposed new §114.72, Local Advisory Panels, establishes the criteria
for the appointment of local advisory panels in accordance with HB 2134. The
proposed new §114.72(a) allows the commissioners court of a participating
county to appoint one or more local advisory panels to assist in identifying
vehicles with intrinsic value that make these vehicles existing or future
collectibles. A vehicle identified under this proposed section could be sold
to an individual if the vehicle is repaired and brought into compliance with
I/M program requirements; removed from the state; removed from an affected
county; or stored for future restoration and cannot be registered in an affected
county except under Texas Transportation Code, §502.274 or §502.275
as a classic or antique vehicle. The proposed new §114.72(b) states that
the court may delegate all or part of the financial administrative matters
to any of the local advisory panels that it appoints. The proposed new §114.72(c)
states that local advisory panels may consist of individuals representing
automobile dealerships, automotive repair industry, safety inspection stations,
local affected governments, and local nonprofit organizations.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
John Davis, Technical Specialist with Strategic Planning and Appropriations,
has determined for the first five-year period the proposed new sections are
in effect, there will be fiscal implications, which are not anticipated to
be significant, to the commission to implement provisions in this rulemaking.
There will be no fiscal implications to other units of state government to
implement the provisions of these rules.
There will be significant fiscal implications to certain eligible counties
that choose to voluntarily implement a LIRAP, because these counties would
be able to receive funds through grant contracts from the commission to implement
the LIRAP. There should be no fiscal implications to counties not eligible
or which choose not to participate in this program.
The proposed new sections are intended to implement certain provisions
of HB 2134. The bill directed the commission to establish a voluntary LIRAP
funded by a portion of the fees collected from the statewide vehicle emissions
tests. Funding has to be distributed to participating counties in proportion
to the amount of vehicle emissions test fees collected in those counties.
The following counties are or will be eligible to participate in the LIRAP:
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Ellis, Liberty, Tarrant,
Fort Bend, Galveston, Harris, Johnson, Kaufman, Montgomery, Parker, and Waller
Counties.
The LIRAP is intended to provide monetary or other compensatory assistance
to vehicle owners for repairs directly related to bringing a vehicle into
compliance with vehicle emission standards or for replacement assistance for
a vehicle that has failed the required emissions test when emission-related
repairs would not be economical. Eligible vehicle owners would be eligible
to receive up to $600 per vehicle to pay towards emission-related repairs,
or up to $1,000 per vehicle for purchasing a replacement vehicle if they choose
to have their failed vehicle retired. To qualify for assistance, vehicle owners
must be able to demonstrate that: the vehicle has failed a vehicle emissions
test within 30 days of the application submittal, the vehicle is capable of
being operated or driven, the vehicle is currently registered in and has been
registered in an affected county for the two years immediately preceding the
application for assistance, the vehicle has passed the safety portion of the
DPS's motor vehicle safety and emissions inspection test, the vehicle owner's
net family income is at or below 200% of the federal poverty level, and any
other requirements of the participating county or executive director are met.
The LIRAP would not apply to fleet vehicles, commercial vehicles, vehicles
owned by units of government, classic motor vehicles, exhibition vehicles,
and vehicles not regularly used for transportation during the normal course
of daily activities.
County governments that are required or have opted to implement the state's
vehicle emissions I/M program may elect to implement and manage a LIRAP. These
counties will have the option of managing the program themselves or contracting
with another county or entity to run the program. Participating counties would
be limited to using no more than 5% of the funds received from the commission
for administrative costs of running the LIRAP.
The commission was appropriated approximately $3.2 million in Fiscal Year
2002 and approximately $13.6 million in Fiscal Year 2003 to implement this
program. These appropriations were based on revenue estimates derived from
emission test fees and anticipated funding assistance requests. Actual funding
assistance available to the public will be dependent on the amount of revenue
the commission receives from vehicle emissions inspection fees. The commission
received additional appropriation for three full-time employees and $186,365
in Fiscal Year 2002 and $162,365 in Fiscal Year 2003 to develop the program
and to provide guidance to counties participating in the program. Assuming
the entire amount of the appropriations is granted to participating counties,
the total funding for administrative costs for all participating counties
would be limited to $159,881 in Fiscal Year 2002 and $679,681 in Fiscal Year
2003.
The commission estimates that 6,600 vehicles would be eligible for repair
assistance in Fiscal Year 2002 and 17,000 in Fiscal Year 2003. Another 2,200
vehicles would be eligible for accelerated retirement in Fiscal Year 2002
and 5,700 in Fiscal Year 2003. Depending on the number of vehicle owners that
apply for assistance, the funding needed to cover all eligible vehicles may
potentially surpass the additional funding allocated to the commission to
support the LIRAP. Therefore, it will be up to the participating counties
to prioritize and determine which vehicle owner receives the monetary assistance.
PUBLIC BENEFITS AND COSTS
Mr. Davis also determined for each year of the first five years the proposed
new sections are in effect, the public benefit anticipated from enforcement
of and compliance with the proposed new sections will be monetary incentives
for vehicle owners to repair or replace polluting vehicles, which could result
in decreased emissions in affected counties.
The proposed new sections are intended to implement certain provisions
of HB 2134, which directed the commission to establish a voluntary LIRAP funded
by a portion of the fees collected from the statewide vehicle emissions tests.
Funding is required by the bill to be distributed to participating counties
in proportion to the amount of vehicle emission test fees collected in those
counties.
The following counties are or will be eligible to participate in the LIRAP:
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Ellis, Liberty, Tarrant,
Fort Bend, Galveston, Harris, Johnson, Kaufman, Montgomery, Parker, and Waller
Counties.
The LIRAP is intended to provide monetary or other compensatory assistance
to vehicle owners for repairs directly related to bringing a vehicle into
compliance with vehicle emission standards or for replacement assistance for
a vehicle that has failed the required emissions test when emission-related
repairs would not be economical. Eligible vehicle owners would be eligible
to receive up to $600 per vehicle to pay towards emission-related repairs,
or up to $1,000 per vehicle for purchasing a replacement vehicle if they choose
to have their failed vehicle retired. To qualify for assistance, vehicle owners
must be able to demonstrate that: the vehicle has failed a vehicle emissions
test within 30 days of the application submittal, the vehicle is capable of
being operated or driven, the vehicle is currently registered in and has been
registered in an affected county for the two years immediately preceding the
application for assistance, the vehicle has passed the safety portion of the
DPS's motor vehicle safety and emissions inspection test, the vehicle owner's
net family income is at or below 200% of the federal poverty level, and any
other requirements of the participating county or executive director are met.
The LIRAP does not apply to fleet vehicles, commercial vehicles, classic
motor vehicles, exhibition vehicles, and vehicles not regularly used for transportation
during the normal course of daily activities. As a result, this assistance
is only available to individual vehicle owners. Businesses within affected
counties would not be eligible to apply for repair or replacement assistance
for company vehicles that have failed a vehicle emissions inspection test.
The commission was appropriated approximately an additional $3.2 million
in Fiscal Year 2002 and approximately $13.6 million in Fiscal Year 2003 to
be passed on to participating counties to be used to provide monetary assistance
for emission repairs and accelerated vehicle retirement. These appropriations
were based on revenue estimates derived from emission test fees and anticipated
funding assistance requests. Actual funding assistance available to the public
will be dependent on the amount of revenue the commission receives from vehicle
emission inspection fees. The commission estimates that 6,600 vehicles would
be eligible for repair assistance in Fiscal Year 2002 and 17,000 in Fiscal
Year 2003. Another 2,200 vehicles would be eligible for accelerated retirement
in Fiscal Year 2002 and 5,700 in Fiscal Year 2003. Depending on the number
of vehicle owners that apply for assistance, the funding needed to cover all
eligible vehicles may potentially surpass the additional funding allocated
to the commission to support the LIRAP. Therefore, it will be up to the participating
counties to prioritize and determine which vehicle owner receives the monetary
assistance.
Vehicle owners that apply for assistance have to ensure their vehicles
are repaired at DPS- recognized emissions repair facilities, some of which
will be small or micro-businesses. Additionally, licensed auto dismantling
or other retirement operators, some of which will be small or micro- businesses,
will participate in the retirement of vehicles. The proposed new sections
will require participating recognized emission repair facilities and participating
vehicle retirement facilities to retain LIRAP repair records for a minimum
period of three years. Although this is a new requirement, the commission
does not anticipate there will be significant fiscal impacts to small or micro-businesses
to comply.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
There will be adverse fiscal implications, which are not anticipated to
be significant, to small or micro-businesses as a result of implementing the
proposed new sections. The proposed new sections are intended to establish
a voluntary LIRAP funded by a portion of the fees collected from the statewide
vehicle emissions inspection tests. The LIRAP does not apply to fleet vehicles,
commercial vehicles, classic motor vehicles, exhibition vehicles, and vehicles
not regularly used for transportation during the normal course of daily activities.
This assistance is only available to individual vehicle owners. Businesses
within the affected counties would not be eligible to apply for repair or
replacement assistance for company vehicles that have failed a vehicle emissions
inspection test.
Vehicle owners that apply for assistance have to ensure their vehicles
are repaired at DPS- recognized emissions repair facilities, some of which
will be small or micro-businesses. Additionally, licensed auto dismantling
or other retirement operators, some of which will be small or micro- businesses,
will participate in the retirement of vehicles. The proposed new sections
will require participating recognized emission repair facilities and participating
vehicle retirement facilities to retain LIRAP repair records for a minimum
period of three years. Although this is a new requirement, the commission
does not anticipate there will be significant fiscal impacts to small or micro-businesses
to comply.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and determined that
a local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
REGULATORY IMPACT ANALYSIS DETERMINATION
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in the statute.
A "major environmental rule" means a rule, the specific intent of which is
to protect the environment or reduce risks to human health from environmental
exposure and that may 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. The proposed rulemaking
implements HB 2134 by providing requirements for participating counties' implementation
of the LIRAP and applies only to counties that implement a vehicle emissions
I/M program. The proposed rules are intended to protect the environment or
reduce risks to human health from environmental exposure to ozone by assisting
low income motorists in repairing, retrofitting, or retiring vehicles that
have failed an emissions test under the state's vehicle emissions I/M program.
As such, these rules do not 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 sector of the state.
Even if this was a major environmental rule, Texas Government Code, §2001.0225
only applies to a major environmental rule, the result of which is to: exceed
a standard set by federal law, unless the rule is specifically required by
state law; exceed an express requirement of state law, unless the rule is
specifically required by federal law; exceed a requirement of a delegation
agreement or contract between the state and an agency or representative of
the federal government to implement a state and federal program; or adopt
a rule solely under the general powers of the agency instead of under a specific
state law. This rulemaking does not meet any of these four applicability requirements
of a "major environmental rule." This rule is specifically required by state
law. To enhance the vehicle emissions I/M program's objectives to meet the
ozone national ambient air quality standard (NAAQS) set by the EPA under 42
United States Code (USC), 7409, HB 2134 provided for monetary assistance to
low income vehicle owners for repair assistance, retrofit, and accelerated
vehicle retirement of vehicles that have failed emissions tests. This rulemaking
does not exceed an express requirement of state law because this rulemaking
specifically implements the provisions of HB 2134. The rulemaking does not
exceed a requirement of a delegation agreement. Also, the rulemaking was not
developed solely under the general powers of the agency, but was specifically
authorized under Texas Clean Air Act (TCAA), §§382.202, 382.209
- 382.213.
The commission invites public comment on the draft regulatory impact analysis
determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated this rulemaking action and did an analysis of
whether the proposed rules are subject to Texas Government Code, §2007.043.
The following is a summary of that analysis. This rulemaking is proposed to
assist low income motorists in repairing, retrofitting, or retiring vehicles
that have failed an emissions test under the state's I/M program, in an effort
towards reducing emissions from these vehicles and to help meet the ozone
NAAQS set by the EPA under 42 USC, §7409.
Promulgation and enforcement of the rules will not burden private, real
property because this rulemaking action is intended to provide compensation
to eligible vehicle owners for repair assistance, retrofit, and accelerated
vehicle retirement. Although the rule revisions do not directly prevent a
nuisance or prevent an immediate threat to life or property, they do prevent
a real and substantial threat to public health and safety and are part of
the efforts towards meeting the ozone NAAQS. Specifically, LIRAP provides
monetary assistance to certain vehicle owners towards repair assistance, retrofit,
and accelerated vehicle retirement that have failed an emissions test. The
proposed rules are one part of the strategy to enhance the vehicle I/M program.
The vehicle I/M program was developed in order to meet the ozone NAAQS set
by the EPA under 42 USC, §7409. States are primarily responsible for
ensuring attainment and maintenance of NAAQS once the EPA has established
them. Under 42 USC, §7410 and related provisions, states must submit,
for approval by the EPA, SIPs that provide for the attainment and maintenance
of NAAQS through control programs directed to sources of the pollutants involved.
The vehicle I/M program is one of the control strategies submitted to the
EPA as part of the SIP. Based on this analysis, exemptions which apply to
these rules is that this is: 1) an action reasonably taken to fulfill federal
ozone NAAQS requirements; 2) in response to a real and substantial threat
to public health and safety; 3) is designed to significantly advance the health
and safety purpose; and 4) does not impose a greater burden than is necessary
to achieve the health and safety purpose. Therefore, this rulemaking action
will not constitute a takings under Texas Government Code, Chapter 2007.
The commission invites public comment on the draft takings impact assessment.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission has determined that the proposed 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 rules in 30
TAC Chapter 281, Subchapter B, Consistency with the CMP. 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 the proposed rulemaking for consistency with the CMP
goals and policies in accordance with the rules of the Coastal Coordination
Council, and determined that the rulemaking is consistent with the applicable
CMP goals and policies. The CMP goal applicable to this rulemaking is the
goal to protect, preserve, and enhance the diversity, quality, quantity, functions,
and values of coastal natural resource areas (31 TAC §501.12(l)). The
CMP policy applicable to this rulemaking is the policy (31 TAC §501.14(q))
that commission rules comply with federal regulations in 40 Code of Federal
Regulations to protect and enhance air quality in the coastal area (31 TAC §501.14(q)).
This rulemaking does not authorize any new air contaminants and is intended
to provide compensation to eligible vehicle owners for repair assistance,
retrofit, and accelerated vehicle retirement as one part of the strategy to
enhance the state's vehicle emissions I/M program. Therefore, this rulemaking
is consistent with the applicable policy and goal.
The commission seeks public comment on the consistency of the proposed
rulemaking with applicable CMP goals and policies.
ANNOUNCEMENT OF HEARING
Public hearings on the proposal will be held at the following times and
locations: January 22, 2002, 10:00 a.m. and 7:00 p.m., City of Houston City
Council Chambers, 2nd Floor, 901 Bagby, Houston; January 23, 2002, 10:00 a.m.
and 6:30 p.m., City of Irving Central Library Auditorium, 801 West Irving
Boulevard, Irving; and January 24, 2002, 2:00 p.m. and 7:00 p.m., City of
El Paso City Council Chambers, 2nd Floor, 2 Civic Center Plaza, El Paso.
The hearings are 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 hearings;
however, an agency staff member will be available to discuss the proposal
30 minutes prior to the hearings, and answer questions before and after the
hearings.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087;
or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on
January 24, 2002. All comments should reference Rule Log No. 2001-035a-114-AI.
For further information, please contact Jill Burditt, Policy and Regulations
Division, at (512) 239-0560.
Subchapter A. DEFINITIONS
30 TAC §114.7
STATUTORY AUTHORITY
The new section is proposed under Texas Water Code (TWC), §5.103,
which authorizes the commission to adopt rules necessary to carry out its
powers and duties under the TWC; and under Texas Health and Safety Code, TCAA, §382.017,
concerning Rules, which authorizes the commission to adopt rules consistent
with the policy and purposes of the TCAA. The new section is proposed under
TCAA, Subchapter G, concerning Vehicle Emissions (§§382.201 - 382.216
as added by HB 2134, §1, 77th Legislature, 2001). Specifically, the proposed
rule is authorized under TCAA, §§382.202, 382.209 - 382.213.
The proposed rule implements TWC, §5.103 and TCAA, §§382.017,
and 382.201 - 382.216.
§114.7.Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program Definitions.
Unless specifically defined in the TCAA or in the rules of the commission,
the terms used in this chapter have the meanings commonly ascribed to them
in the field of air pollution control. In addition to the terms which are
defined by the TCAA, §§3.2, 101.1, and 114.1 of this title (relating
to Definitions), the following words and terms, when used in Subchapter C,
Division 2, of this chapter (relating to LIRAP) shall have the following meanings,
unless the context clearly indicates otherwise.
(1)
Affected county -- A county with a motor vehicle emissions
inspection and maintenance program established under Transportation Code, §548.301.
(2)
Commercial vehicle -- A vehicle that is owned or leased
in the regular course of business of a commercial or business entity.
(3)
Destroyed -- Crushed, shredded, or otherwise dismantled
to render a vehicle permanently and irreversibly incapable of functioning
as originally intended.
(4)
Dismantled -- Extraction of parts, components, and accessories
for use in the low income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program or sold as used parts.
(5)
Fleet vehicle -- A motor vehicle operated as one of a group
that consists of more than ten motor vehicles and that is owned and operated
by a public or commercial entity or by a private entity other than a single
household.
(6)
LIRAP -- Low income vehicle repair assistance, retrofit,
and accelerated vehicle retirement program.
(7)
Participating county -- An affected county in which the
commissioners court by resolution has chosen to implement a low income vehicle
repair assistance, retrofit, and accelerated vehicle retirement program authorized
by Texas Health and Safety Code, §382.209.
(8)
Recognized emissions repair facility -- An automotive repair
facility as defined in 37 TAC, §23.93, relating to Vehicle Emissions
Inspection Requirements.
(9)
Recycled -- Conversion of metal or other material into
raw material products that have prepared grades; and an existing or potential
economic value; and using these raw material products in the production of
new products.
(10)
Replacement vehicle -- A vehicle that has a valid Texas
Department of Public Safety or safety and emissions inspection.
(11)
Retrofit -- To equip, or the equipping of, an engine or
an exhaust or fuel system with new, emissions-reducing parts or equipment
designed to reduce air emissions and improve air quality, after the manufacture
of the original engine or exhaust or fuel system, so long as the parts or
equipment allow the vehicle to meet or exceed state and federal air emissions
reduction standards.
(12)
Retrofit equipment -- Emissions-reducing equipment designed
to reduce air emissions and improve air quality that is approved by the EPA
and is installed after the manufacture of the original engine, exhaust, or
fuel system.
(13)
Vehicle -- A motor vehicle subject to §114.50(a)
of this title (relating to Vehicle Emissions Inspection Requirements).
(14)
Vehicle owner -- For the purposes of repair assistance
or retrofit, the person who holds the Certificate of Title for the vehicle
and/or the operator who is granted possession and is authorized to make repairs
under a lease or purchase agreement; and for the purposes of accelerated retirement,
the person who holds the Certificate of Title for the vehicle.
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 December 20, 2001.
TRD-200108177
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-5017
2.
LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM
30 TAC §§114.60, 114.62, 114.64, 114.66, 114.68, 114.70, 114.72
STATUTORY AUTHORITY
The new rules are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
the TWC; and under Texas Health and Safety Code, TCAA, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the TCAA. The rules are proposed under TCAA, Subchapter
G, concerning Vehicle Emissions (§§382.201 - 382.216 as added by
HB 2134, §1, 77th Legislature, 2001). Specifically, the proposed rules
are authorized under TCAA, §§382.202, 382.209 - 382.213.
The proposed new sections implement TWC, §5.103; and TCAA, §382.017
and §§382.201 - 382.216.
§114.60.Applicability for LIRAP.
(a)
The provisions of §114.7 of this title (relating to
Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement
Program Definitions) and Division 2 of this subchapter (relating to Low Income
Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program)
provide the minimum requirements for county implementation of a Low Income
Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
(LIRAP) and apply to counties that implement a vehicle emissions inspection
program and have elected to implement LIRAP provisions.
(b)
To be eligible for assistance under this division, vehicles
must be subject to §114.50(a) of this title (relating to Vehicle Emissions
Inspection Requirements).
(c)
LIRAP does not apply to a vehicle that is a:
(1)
fleet vehicle;
(2)
commercial vehicle;
(3)
vehicle owned or leased by a governmental entity;
(4)
vehicle registered as a classic motor vehicle as defined
by Transportation Code, §502.274;
(5)
vehicle registered as an exhibition vehicle, including
antique or military vehicles, as defined by Transportation Code, §502.275;
or
(6)
vehicle not regularly used for transportation during the
normal course of daily activities.
(d)
A participating county must ensure that owners of vehicles
under subsection (c) of this section do not receive monetary or compensatory
assistance under LIRAP.
§114.62.LIRAP Funding.
(a)
The executive director shall provide funding for the Low
Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement
Program (LIRAP) with available funds from fees collected under §114.53
of this title (relating to Inspection and Maintenance Fees) or other designated
and available funds.
(b)
Not less than 95% of the money provided by the commission
to a participating county must be used for vehicle repair, retrofit, or vehicle
retirement assistance in accordance with the grant contract between the executive
director and the county.
(c)
A participating county shall receive, to the extent practicable,
funding in reasonable proportion to the amount in fees collected in the affected
county or area from emissions testing fees designated by the commission.
§114.64.LIRAP Requirements.
(a)
Implementation. Upon receiving a written request to implement
a Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle
Retirement Program (LIRAP) by a county commissioners court, the executive
director shall authorize the implementation of a LIRAP in the requesting county.
The executive director and county shall enter into a grant contract for the
implementation of the LIRAP.
(1)
The grant contract must provide conditions, requirements,
and projected funding allowances for the implementation of the LIRAP.
(2)
A participating county may contract with an entity approved
by the executive director for services necessary to implement the LIRAP. A
participating county or its designated entity must demonstrate to the executive
director that, at a minimum, the county or its designated entity has provided
for appropriate measures for determining applicant eligibility and repair
effectiveness and ensuring against fraud.
(3)
The participating county shall remain the contracted entity
even if the county contracts with another county or another entity approved
by the executive director to administer the LIRAP.
(b)
Repair and Retrofit Assistance. A LIRAP shall provide for
monetary or other compensatory assistance to eligible vehicle owners for repairs
directly related to bringing certain vehicles that have failed a required
emissions test into compliance with emissions requirements or for installing
retrofit equipment on vehicles that have failed a required emissions test,
if practically and economically feasible, in lieu of or in combination with
repairs performed to bring a vehicle into compliance with emissions requirements.
Vehicles under the LIRAP must be repaired or retrofitted at a recognized emissions
repair facility. To determine eligibility, the participating county or its
designated entity shall make applications available for LIRAP participants.
The application, at a minimum, must require the vehicle owner to demonstrate
that:
(1)
the vehicle has failed a vehicle emissions test within
30 days of application submittal;
(2)
the vehicle can be started by keyed ignition and idle without
the use of the accelerator pedal for at least ten continuous seconds, be driven
in forward and reverse for a minimum of 25 feet each way, and be driven under
its own power to the emissions inspection station or designated disposal facility;
(3)
the vehicle is currently registered in and has been registered
in the program county for the two years immediately preceding the application
for assistance;
(4)
the vehicle has passed the safety portion of the Texas
Department of Public Safety (DPS) motor vehicle safety and emissions inspection
as recorded in the Vehicle Inspection Report (VIR), or provide assurance that
actions will be taken to bring the vehicle into compliance with safety requirements;
(5)
the vehicle owner's net family income is at or below 200%
of the federal poverty level; and
(6)
any other requirements of the participating county or the
executive director are met.
(c)
Accelerated Vehicle Retirement. A LIRAP shall provide monetary
or other compensatory assistance to eligible vehicle owners to be used toward
the purchase of a replacement vehicle. To determine eligibility, the participating
county or its designated entity shall make applications available for LIRAP
participants. The application, at a minimum, must require the vehicle owner
to demonstrate that:
(1)
the vehicle meets the requirements under subsection (b)(1)
- (3), and (5) of this section;
(2)
the vehicle has passed a DPS motor vehicle safety or safety
and emissions inspection within 15 months prior to application submittal;
and
(3)
any other requirements of the participating county or the
executive director are met.
(d)
Compensation. The participating county must determine eligibility
and approve or deny the application promptly. If the requirements of subsection
(b) or (c) of this section are met and based on available funding, the county
shall authorize monetary or other compensations to the eligible vehicle owner.
(1)
Compensations shall be:
(A)
no more than $600 and no less than $50 per vehicle to be
used for emission-related repairs or retrofits performed at recognized emissions
repair facilities, including diagnostics tests performed on the vehicle; or
(B)
no more than $1,000 and no less than $600 per vehicle,
including diagnostics tests, to be used toward a replacement vehicle for the
accelerated retirement of a vehicle meeting the requirements under this subsection.
(2)
Vehicle owners shall be responsible for paying the first
$50 of emission-related repairs or retrofit costs which may include diagnostics
tests performed on the vehicle.
(3)
For accelerated vehicle retirement, provided that the maximum
and minimum levels in paragraph (1)(B) of this subsection are met and minimum
eligibility requirements under subsection (c) of this section are met, a participating
county may set a specific level of compensation or implement a level of compensation
schedule that allows flexibility. The following criteria may be used for determining
the amount of financial assistance:
(A)
model year of the vehicle;
(B)
miles registered on the vehicle's odometer;
(C)
fair market value of the vehicle;
(D)
estimated cost of emission-related repairs necessary to
bring the vehicle into compliance with emission standards;
(E)
amount of money the vehicle owner has already spent to
bring the vehicle into compliance, excluding the cost of the vehicle emissions
inspection; and
(F)
vehicle owner's income.
(e)
Reimbursement. A participating county must reimburse the
appropriate recognized emissions repair facility or vehicle retirement entity
for approved repairs, retrofits, or vehicle retirements within 30 calendar
days of receiving an invoice that meets the requirements of the county or
designated entity. Repaired or retrofitted vehicles must pass a DPS safety
and emissions inspection before the recognized emissions repair facility is
reimbursed.
§114.66.Disposition of Retired Vehicle.
Vehicles retired under a Low Income Vehicle Repair Assistance, Retrofit,
and Accelerated Vehicle Retirement Program (LIRAP) may not be resold or reused
in their entirety in this or another state. The vehicle must be:
(1)
destroyed;
(2)
recycled;
(3)
dismantled and its parts sold as used parts or used in
the LIRAP;
(4)
placed in a storage facility and subsequently destroyed,
recycled, or dismantled within 12 months of the vehicle retirement date and
its parts sold or used in the LIRAP; or
(5)
repaired, brought into compliance, and used as a replacement
vehicle under this division. Not more than 10% of all vehicles eligible for
retirement may be used as replacement vehicles.
§114.68.Emission Reduction Credits.
(a)
Emission Reduction Credits Available Under a Low Income
Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
(LIRAP). A participating county may allow private, commercial, and business
entities to provide monetary assistance towards the LIRAP. To the extent allowed
under state and federal law, private, commercial, and business entities may
purchase eligible vehicles under §114.64(c) of this title (relating to
LIRAP Requirements) for accelerated retirement as approved by the participating
county, and may have 100% of the emission reductions certified as emission
credits. This emission reduction credit may be transferred or used by the
holder in accordance with Chapter 101, Subchapter H, Division 1 or 4 of this
title (relating to Emission Credit Banking and Trading; and Discrete Emission
Credit Banking And Trading).
(b)
Emission Reduction Credits Available for Vehicles Not Covered
Under a LIRAP. To the extent allowed under state and federal law, a fleet
vehicle, a government owned or leased vehicle, or a commercial vehicle may
be retired and may have 100% of the emission reductions certified as emission
credits.
(c)
Other Requirements. Emission reduction credits under subsection
(a) or (b) of this section must meet the requirements of Chapter 101, Subchapter
H, Division 1 or 4 of this title.
§114.70.Records, Audits, and Enforcement.
(a)
A participating county must submit quarterly audit reports
to ensure that the funds provided to implement the Low Income Vehicle Repair
Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) have
been used in accordance with requirements of this division. The quarterly
reports (September - November, December - February, March - May, June - August)
must be transmitted to the executive director in paper copies or in an electronic
database format to be determined by mutual agreement between the state and
the participating county no later than 30 days after the end of the quarter.
(b)
At a minimum, the quarterly reports must include the following:
(1)
name of the county department or entity implementing the
program and their mailing address;
(2)
name of the official representative of the county department
or entity;
(3)
amount of funds received during the reporting period;
(4)
amount distributed for repair assistance, retrofitting,
accelerated retirement, and administrative costs;
(5)
information regarding the recognized emissions repair facilities
and vehicle retirement facilities participating in the LIRAP, including the
number of approved assistance transactions, the amount of each transaction,
and the total amounts paid to each facility;
(6)
pending amount of funds that must be paid out;
(7)
information for each vehicle participating in program,
including:
(A)
vehicle identification number (VIN);
(B)
vehicle license plate number;
(C)
name and business address of the Texas Department of Public
Safety recognized emissions repair facility or vehicle retirement entity;
and
(D)
date of vehicle repair, retrofit, or retirement; and
(8)
any other information requested by the executive director.
(c)
Records on the LIRAP must be maintained for a minimum period
of three years by a participating county, its designated entity, a participating
recognized emissions repair facility, and a participating vehicle retirement
facility. Such records must be available upon request by the executive director
for auditing purposes.
(d)
A participating county, its designated entity, a participating
recognized emissions repair facility, and a participating vehicle retirement
facility must allow the executive director to conduct audits and inspections.
(e)
A person who, with intent to defraud, sells a vehicle in
an accelerated vehicle retirement program under LIRAP commits an offense that
is classified as a third degree felony.
§114.72.Local Advisory Panels.
(a)
The commissioners court of a participating county may appoint
one or more local advisory panels to provide advice on Low Income Vehicle
Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)
and to assist in identifying vehicles with intrinsic value that make these
vehicles existing or future collectibles. A vehicle identified under this
section may be sold to an individual if the vehicle is:
(1)
repaired and brought into compliance;
(2)
removed from the state;
(3)
removed from an affected county; or
(4)
stored for future restoration and cannot be registered
in an affected county except under Transportation Code, §502.274 or §502.275.
(b)
A commissioners court may delegate all or part of the financial
and administrative matters to any of the local advisory panels that it appoints.
(c)
A local advisory panel may consist of representatives from:
(1)
automobile dealerships;
(2)
automotive repair industry;
(3)
safety inspection facilities;
(4)
the general public;
(5)
antique and vintage car clubs;
(6)
local nonprofit organizations; and
(7)
locally affected governments.
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 December 20, 2001.
TRD-200108178
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-5017
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to Subchapter A, Definitions, §115.10; Subchapter B, General
Volatile Organic Compound Sources, §§115.113, 115.116, 115.117,
115.132, 115.133, 115.136, 115.137, 115.139, 115.140, 115.145, 115.147, 115.153,
115.159, 115.161, and 115.169; Subchapter C, Volatile Organic Compound Transfer
Operations, §115.214; Subchapter D, Petroleum Refining, Natural Gas Processing,
and Petrochemical Processes, §§115.311 - 115.313, 115.316, 115.319,
115.322, 115.325 - 115.327, 115.352, 115.353, 115.355 - 115.357, and 115.359;
Subchapter E, Solvent-Using Process, §§115.420 - 115.422, 115.440,
115.442, 115.445, and 115.446; Subchapter F, Miscellaneous Industrial Sources, §§115.532,
115.533, 115.535, 115.539, 115.541 - 115.543, 115.545 - 115.547, 115.549,
115.552, and 115.559; and Subchapter J, Administrative Provisions, §§115.910
- 115.916, 115.920, 115.923, 115.930, 115.932, 115.934, and 115.940. These
sections are proposed to be submitted to the United States Environmental Protection
Agency (EPA) as revisions to the state implementation plan (SIP).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The commission proposes these amendments to Chapter 115, Control of Air
Pollution from Volatile Organic Compounds (VOC), and revisions to the SIP
in order to make a variety of changes which clarify and add flexibility to
existing requirements, correct technical and typographical errors, update
references to terms, and delete redundant language.
SECTION BY SECTION DISCUSSION
Throughout this rulemaking the outdated term "undesignated head" is proposed
to be replaced with the proper term "division" in response to revised Texas
Register rules published in the February 13, 1998, issue of the
Texas Register
(23 TexReg 1289). Also throughout the rulemaking, the
term "Centigrade" is proposed to be replaced with the term "Celsius" which
is now the term commonly used to describe this temperature scale. In a separate
rulemaking published in the July 16, 1999, issue of the
Texas Register
(24 TexReg 5490), the commission added a definition
of vapor control system to §115.10 which is identical to the definition
of vapor recovery system. This will facilitate a transition in the Chapter
115 rules to this term from the misleading term "vapor recovery system," which
is defined to include both recovery and combustion control devices. Consequently,
the proposed amendments also change references from "vapor recovery system"
to "vapor control system" for clarification. Justification for these changes
will not be discussed any further in this discussion other than to point out
where each change has been made.
Additionally, formatting, punctuation, and other nonsubstantive corrections
are made throughout the rulemaking as necessary. These corrections include
the deletion of unnecessary section title references. These nonsubstantive
corrections will not be discussed further.
Subchapter A, Definitions
The proposed amendment to §115.10, Definitions, revises the definition
of marine terminal to clarify that both loading and unloading can occur at
a marine terminal. This change is necessary for consistency with §115.214(a)(3)(B)(i)
and (C), Inspection Requirements, which applies to unloading of VOC at marine
terminals.
Subchapter B, General Volatile Organic Compound
Sources
Division 1, Storage of Volatile Organic Compounds
The proposed amendments to §115.113, Alternate Control Requirements,
incorporate Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio,
Travis, and Victoria Counties into subsection (a), now implied, and delete
all of subsections (b) and (c) which currently contain the alternate control
requirements for these nine counties. The proposed amendments to §115.113
also revise the term "section" (which should have been "undesignated head")
to "division." Finally, the proposed amendments to §115.113 change "executive
director" to lower-case for consistency with other divisions.
The proposed amendments to §115.116, Monitoring and Recordkeeping
Requirements, abbreviate "EPA" because this term is defined in 30 TAC §3.2,
Definitions, and delete the existing §115.116(a)(3)(D) and (b)(3)(D),
which concern records associated with control device maintenance activities,
because maintenance activities are already addressed in 30 TAC §101.7,
Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational
Requirements.
The proposed amendments to §115.117, Exemptions, revise the term "undesignated
head" to "division," spell out "pounds per square inch absolute" (psia), and
add an exemption for storage containers which have a storage capacity of no
more than 1,000 gallons for consistency with Tables I(a), I(b), and II(a)
in §115.112, Control Requirements.
Subchapter B, General Volatile Organic Compound
Sources
Division 3, Water Separation
The proposed amendments to §115.132, Control Requirements, update
the old term "standard exemption" with the correct term "permit by rule" and
correct the reference to the Chapter 106 title to "Permits by Rule."
The proposed amendments to §115.133, Alternate Control Requirements,
incorporate Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio,
Travis, and Victoria Counties into subsection (a), now implied, and delete
all of subsections (b) and (c), which currently contain the alternate control
requirements for these nine counties. The proposed amendments to §115.133
also revise the term "section" (which should have been "undesignated head")
to "division." Finally, the proposed amendments to §115.133 change "executive
director" to lower-case for consistency with other divisions.
The proposed amendments to §115.136, Monitoring and Recordkeeping
Requirements, abbreviate "EPA" because this term is defined in §3.2,
and delete the existing §115.136(a)(2)(D) and (b)(2)(D), which concern
records associated with control device maintenance activities, because maintenance
activities are already addressed in §101.7.
The proposed amendments to §115.137, Exemptions, revise the term "undesignated
head" to "division," spell out "pounds per square inch absolute," and change
a reference from "vapor recovery system" to "vapor control system."
The proposed amendment to §115.139, Counties and Compliance Schedule,
revises the term "undesignated head" to "division."
Subchapter B, General Volatile Organic Compound
Sources
Division 4, Industrial Wastewater
The proposed amendment to §115.140, Industrial Wastewater Definitions,
replaces "Texas Natural Resource Conservation Commission" with "commission"
for consistency with the commission's style guidelines.
The proposed amendments to §115.145, Approved Test Methods, correct
a punctuation error and delete unnecessary section title references.
The proposed amendments to §115.147, Exemptions, correct the term
"portion" to "division" and correct the formatting of the numerical number
"10" to the term "ten." The proposed amendments to §115.147 also clarify
the applicability of the exemption available under §115.147(3) by changing
the reference to "the requirements of this division" to "the control requirements
of §115.142." This exemption was initially added to ensure that duplication
of control requirements did not occur. However, the exemption was not added
to make the rule less stringent than control requirements that were already
in place (i.e., the VOC/water separator rules). The proposed amendments clarify
this intent.
Subchapter B, General Volatile Organic Compound
Sources
Division 5, Municipal Solid Waste Landfills
The proposed amendment to §115.153, Alternate Control Methods, revises
the term "undesignated head" to "division."
The proposed amendments to §115.159, Counties and Compliance Schedule,
revise the term "undesignated head" to "division" and revise the phrase "be
in compliance" to "demonstrate compliance" to emphasize the testing, monitoring
and recordkeeping, and determination of mass emissions and flow rates.
Subchapter B, General Volatile Organic Compound
Sources
Division 6, Batch Processes
The proposed amendment to §115.161, Applicability, adds a reference
to §115.167(2)(A). This revision is necessary to ensure that vent gas
streams which are currently subject to the requirements of Subchapter B, General
Volatile Organic Compound Sources, Division 2, Vent Gas Control, remain controlled
under that division if they are not required to be controlled under §115.162,
Control Requirements, because they qualify for the exemption under §115.167(2)(A).
The proposed amendment to §115.169, Counties and Compliance Schedule,
revises the phrase "be in compliance" to "demonstrate compliance" to emphasize
the testing, monitoring and recordkeeping, and determination of mass emissions
and flow rates.
Subchapter C, Volatile Organic Compound Transfer
Operations
Division 1, Loading and Unloading of Volatile
Organic Compounds
The proposed amendments to §115.214, Inspection Requirements, add
the phrase "to or from transport vessels" to the catchlines in subsections
(a)(1) and (b)(1) to more accurately describe the requirements of these paragraphs.
The proposed amendments to §115.214 also correct a typographical error
in §115.214(b)(1)(D)(ii) by changing a reference from §115.213(b)
to §115.213(c).
Subchapter D, Petroleum Refining, Natural Gas
Processing, and Petrochemical Processes
Division 1, Process Unit Turnaround and Vacuum-Producing
Systems in Petroleum Refineries
The proposed amendments to §115.311, Emission Specifications, correct
a typographical error in §115.311(a)(1) and (2) by changing references
from §115.312(a) to §115.312(a)(2).
The proposed amendments to §115.312, Control Requirements, change
"Centigrade" to "Celsius" in §115.312(a)(2)(A) and (b)(2)(A), and change
"vapor recovery system" to "vapor control system" in §115.312(a)(2)(C)
and (b)(2)(C). In addition, the proposed amendments to §115.312 replace
the phrase "volatile organic compound (VOC)" with the acronym "VOC" because
this acronym was previously established within the section.
The proposed amendments to §115.313, Alternate Control Requirements,
incorporate Gregg, Nueces, and Victoria Counties into subsection (a), now
implied, and delete all of subsection (b), which currently contains the alternate
control requirements for these three counties. The proposed amendments to §115.313
also revise the term "undesignated head" to "division."
The proposed amendments to §115.316, Monitoring and Recordkeeping
Requirements, delete the existing §115.316(a)(1)(D) and (b)(1)(D), which
concern records associated with control device maintenance activities, because
maintenance activities are already addressed in §101.7. The proposed
amendments to §115.316 also update references from the "Texas Air Control
Board" and "TACB" (one of the commission's predecessor agencies) to "executive
director" for consistency with the commission's style guidelines and abbreviate
"EPA" because this term is defined in §3.2, Definitions.
The proposed amendment to §115.319, Counties and Compliance Schedules,
revises the term "undesignated head" to "division."
Subchapter D, Petroleum Refining, Natural Gas
Processing, and Petrochemical Processes Division 2, Fugitive Emission Control
in Petroleum Refineries in Gregg, Nueces, and Victoria Counties
The proposed amendments to §115.322, Control Requirements, revise
the phrase "safety pressure relief valves" in §115.322(4) to "pressure
relief valves" for consistency with other sections in Chapter 115. The proposed
amendments to §115.322 also revise §115.322(5), which requires that
pipeline valves and pressure relief valves in gaseous VOC service be marked
in some manner that will be readily obvious to monitoring personnel, by adding
an option that the owner or operator may choose to monitor all components
in liquid service on the schedule for components in gaseous service specified
in §115.324(2), Inspection Requirements. This proposed option would result
in more frequent monitoring of components in liquid service, but would add
flexibility for owners or operators to be able to choose which option would
be most efficient and effective for their refinery.
The proposed amendments to §115.325, Testing Requirements, change
"Centigrade" to "Celsius" and spell out "American Petroleum Institute."
The proposed amendments to §115.326, Recordkeeping Requirements, spell
out and acronym "parts per million by volume (ppmv)" and revise the recordkeeping
requirements for consistency with the fugitive emissions monitoring program
required by §115.324. Specifically, the amendments add requirements for
keeping records of the date the component was monitored, the results of the
monitoring (in ppmv), the test method used (Test Method 21, or sight/sound/smell),
and the date on which a first attempt at repair was made to a leaking component.
The proposed amendments to §115.327, Exemptions, revise the term "these
sections" (which should have been "this undesignated head") to "division"
and spell out and acronym "pounds per square inch absolute (psia)" and "centimeters
(cm)." The proposed amendments to §115.327 also correct the formatting
of the numerical number "5" to the word "five."
Subchapter D, Petroleum Refining, Natural Gas
Processing, and Petrochemical Processes
Division 3, Fugitive Emission Control in Petroleum
Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in
Ozone Nonattainment Areas
The proposed amendment to §115.352, Control Requirements, revises
the phrase "safety pressure relief valves" in §115.322(4) to "pressure
relief valves" for consistency with other sections in Chapter 115.
The proposed amendment to §115.353, Alternate Control Requirements,
revises the term "undesignated head" to "division."
The proposed amendments to §115.355, Testing Requirements, revise
the term "undesignated head" to "division," correct the title of the division,
and spell out and acronym "American Petroleum Institute (API)." The proposed
amendments to §115.355 also specify that the calibration for Test Method
21 is at 500 ppmv rather than at 10,000 ppmv because the leak definition in §115.352(1)(a)
is a VOC concentration of 500 ppmv.
The proposed amendments to §115.356, Recordkeeping Requirements, revise
the recordkeeping requirements for consistency with the fugitive emissions
monitoring program required by §115.354 by adding a requirement for keeping
records of the date on which a first attempt at repair was made to a leaking
component. The proposed amendments to §115.356 also abbreviate "EPA"
because this term is defined in §3.2.
The proposed amendments to §115.357, Exemptions, revise the term "undesignated
head" to "division" in §115.357(2) and (6) - (8) and add the title of
the division to §115.357(2). In addition, the proposed amendments to §115.357
spell out and acronym "volatile organic compound (VOC)" and "parts per million
by volume (ppmv)" and acronym the term "pounds per square inch absolute" as
"psia."
The proposed amendments to §115.359, Counties and Compliance Schedules,
add a reference to the division in place of a reference to the sections in
the division for brevity and clarity, and replace language which is obsolete
due to the passing of a November 15, 1996 compliance date with new language
stating that all affected persons in Brazoria, Chambers, Collin, Dallas, Denton,
El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller Counties shall continue to comply with this division
(relating to Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline
Processing, and Petrochemical Processes in Ozone Nonattainment Areas) as required
by §115.930 (relating to Compliance Dates).
Subchapter E, Solvent-Using Process
Division 2, Surface Coating Processes
The proposed amendments to Subchapter E include revising the subchapter
title from "Solvent- Using Process" to "Solvent-Using Processes" in order
to more accurately describe the contents of this subchapter.
The proposed amendments to §115.420, Surface Coating Definitions,
add a definition of "hydrocarbon-based cleaning solvent" to §115.420(b)(1)
which is consistent with the requirements for hydrocarbon-based cleaning solvents
specified in Table 1 - Composition Requirements for Approved Cleaning Solvents
of 40 Code of Federal Regulations (CFR) §63.744, Standards: Cleaning
operations. The EPA's
Control of Volatile Organic
Compound Emissions from Coating Operations at Aerospace Manufacturing and
Rework Operations
(aerospace Control Techniques Guideline (CTG)) was
the basis for the adoption of the aerospace coating requirements which were
added to the Surface Coating Processes Division effective July 20, 2000, as
published in the July 14, 2000 issue of the
Texas
Register
(25 TexReg 6752). The July 2000 adopted rule language was
based on rule language provided in the Aerospace Manufacturing and Rework
Operations Model Rule, found in Appendix B of the aerospace CTG. In the aerospace
CTG's model rule, however, hydrocarbon-based cleaning solvents specified in
Table 1 of 40 CFR §63.744 were inadvertently not exempted from the housekeeping
measures, thereby creating an inconsistency between the Chapter 115 aerospace
rules and 40 CFR §63.744.
The proposed amendments to §115.420(b)(1) also renumber subsequent
definitions to accommodate the new definition of "hydrocarbon-based cleaning
solvent," correct the abbreviation for "basecoat/clearcoat" in §115.420(b)(12)(B)(i),
and correct the variable "i" to "e" in the first summation sign in the denominator
of the definition of "VOC composite vapor pressure" in the renumbered §115.420(b)(1)(EEEE).
The proposed amendments to §115.421, Emission Specifications, revise §115.421(a)(11)
to clarify that the exemption for separate coating formulations in volumes
less than 50 gallons per year to a maximum of 200 gallons per year for all
such formulations applies to the total usage of these coatings at the account.
The amendments also clarify that the term "formulations" refers to coating
formulations and clarify that the term "antique aerospace" refers to antique
aerospace vehicles.
The proposed amendment to §115.422, Control Requirements, adds "hydrocarbon-based
cleaning solvents" to the list of cleaning solvents that are exempt from the
housekeeping measures for the reasons explained in the discussion of §115.420.
Subchapter E, Solvent-Using Process
Division 4, Offset Lithographic Printing
The proposed amendment to §115.440, Offset Printing Definitions, adds
a new §115.440(10) to define "VOC composite partial pressure," which
is necessary due to the proposed new §115.442(1)(F)(iii).
The proposed amendments to §115.442, Control Requirements, add a new §115.442(1)(F)(iii)
to give an additional option for meeting VOC reduction requirements by using
cleaning solutions with a VOC composite partial vapor pressure less than or
equal to ten millimeters of mercury (mm Hg) at 20 degrees Celsius (68 degrees
Fahrenheit). This proposed revision is needed to provide additional flexibility
in this rule to encourage the use of low vapor pressure cleaning solutions
which have lower VOC emissions than conventional cleaning solutions. The proposed
amendments also spell out and acronym "parts per million by volume (ppmv)"
in §115.442(2).
The proposed amendments to §115.445, Approved Test Methods, abbreviate
"EPA" in §115.445(5) because this term is defined in §3.2, and add
a needed section symbol for a federal regulation citation along with the effective
date of October 18, 1983 for the federal regulations.
The proposed amendments to §115.446, Monitoring and Recordkeeping
Requirements, revise the temperature monitoring device accuracy requirement
in §115.446(1) to include an option that the accuracy be ±1.0%
of the temperature being monitored. The proposed amendments to §115.446
also revise §115.446(5) to add an option for the monitoring and recording
of temperature readings with respect to fountain solutions. These proposed
revisions are needed to provide additional flexibility in the rule for consistency
with the offset printing CTG and other federal guidance. In addition, the
proposed amendments to §115.446 change a reference from "§115.442(1)(A)
- (D)" to "§115.442(1)(A), (C), or (D)" because §115.442(1)(B) does
not include fountain solution refrigeration as an option.
Subchapter F, Miscellaneous Industrial Sources
Division 2, Pharmaceutical Manufacturing Facilities
The proposed amendments to §115.532, Control Requirements, update
the old term "standard exemption" with the correct term "permit by rule" and
correct the reference to the title of Chapter 106 to "Permits by Rule."
The proposed amendments to §115.533, Alternate Control Requirements,
incorporate Gregg, Nueces, and Victoria Counties into subsection (a), now
implied, and delete all of subsection (b) which currently contains the alternate
control requirements for these three counties. The proposed amendments to §115.533
also revise the term "undesignated head" to "division."
The proposed amendments to §115.535, Testing Requirements, revise
the term "undesignated head" to "division."
The proposed amendment to §115.539, Counties and Compliance Schedules,
revises the term "undesignated head" to "division."
Subchapter F, Miscellaneous Industrial Sources
Division 3, Degassing or Cleaning of Stationary,
Marine, and Transport Vessels
The proposed amendments to §115.541, Emission Specifications, update
references in §115.541(b) and (b)(5) to the definition of "marine vessel,"
which was previously relocated from §115.10 to §101.1.
The proposed amendment to §115.542, Control Requirements, corrects
a reference in §115.542(b)(4) to reflect the common usage of the term
"lower explosive limit (LEL)."
The proposed amendments to §115.543, Alternate Control Requirements,
revise the term "undesignated head" to "division," and change "executive director"
to lower-case for consistency with other divisions.
The proposed amendments to §115.545, Approved Test Methods, reference
an additional vapor-tightness test available under 40 CFR §63.565(c).
The inclusion of this second test method for determining marine vessel vapor
tightness will provide additional flexibility. The proposed amendments also
add effective dates for the federal regulations cited.
The proposed amendments to §115.546, Monitoring and Recordkeeping
Requirements, update a reference from the "Texas Natural Resource Conservation
Commission" to "executive director" for consistency with the commission's
style guidelines and abbreviate "EPA" because this term is defined in §3.2.
The proposed amendments to §115.546 also delete the existing §115.546(2)(D),
which concerns records associated with control device maintenance activities,
because maintenance activities are already addressed in §101.7 and add
an effective date for the federal regulation cited.
The proposed amendments to §115.547, Exemptions, revise the term "undesignated
head" to "division" in §115.547(1), (2), and (5), add the division title
to the first reference to the division, add language necessary to complete
the sentence in paragraph (3), and revise paragraph (4) by correcting a reference
from §115.541(3) to §115.541(b).
The proposed amendments to §115.549, Counties and Compliance Schedules,
delete an incorrect reference to "El Paso" in §115.549(a), revise the
term "undesignated head" to "division," and revise references to "Texas Natural
Resource Conservation Commission" or "TNRCC" to "commission" for consistency
with the commission's style guidelines. The proposed amendments to §115.549
also replace language in §115.549(a) which is obsolete due to the passing
of a November 15, 1996 compliance date with new language stating that all
affected persons in Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris,
Jefferson, Liberty, Montgomery, Orange, and Waller Counties shall continue
to comply with this division (relating to Degassing or Cleaning of Stationary,
Marine, and Transport Vessels) as required by §115.930 (relating to Compliance
Dates).
Subchapter F, Miscellaneous Industrial Sources
Division 4, Petroleum Dry Cleaning Systems
The proposed amendments to §115.552, Control Requirements, update
the old term "standard exemption" with the correct term "permit by rule" and
correct the reference to the title of Chapter 106 to "Permits by Rule." In
addition, the proposed amendments to §115.552 correct the phrase "concerning"
in §115.552(b)(1) to the phrase "relating to" for consistency with other
divisions.
The proposed amendments to §115.559, Counties and Compliance Schedules,
revise a reference from "Texas Natural Resource Conservation Commission" to
"commission" for consistency with the commission's style guidelines, add a
reference to the division in place of a reference to the sections in the division
for brevity and clarity, and change "National Ambient Air Quality Standard"
to lower-case for consistency with other divisions.
Subchapter J, Administrative Provisions
Division 1, Alternate Means of Control
The proposed amendments to §115.910, Availability of Alternate Means
of Control, revise the term "undesignated head" to "division" and reference
the division title, abbreviate "EPA" because this term is defined in §3.2,
and correct references to titles of sections in Division 1.
The proposed amendments to §115.911, Criteria for Approval of Alternate
Means of Control, delete an unnecessary reference to "Texas Natural Resource
Conservation Commission" in §115.910(1), correct the formatting of section
references in §115.910(6), delete unnecessary references to the title
of Chapter 115 in §115.910(4) and (6), and revise references from "TNRCC"
to "commission" in §115.910(10) for consistency with the commission's
style guidelines.
The proposed amendments to §115.912, Calculations for Determining
AMOC Reductions, revise the title of this section to "Calculations for Determining
Alternate Means of Control Reductions" for consistency with the other section
titles in Division 1. The proposed amendments to §115.912 also spell
out and acronym "alternate means of control (AMOC)" in §115.912(a)(1),
abbreviate this term in §115.912(b), and revise §115.912(c) by correcting
a reference to the title of §115.911.
The proposed amendments to §115.913, Procedures for Alternate Means
of Control Plan Submittal, abbreviate "EPA" because this term is defined in §3.2,
and delete unnecessary references to "Texas Natural Resource Conservation
Commission" or "TNRCC" in §115.913(a) and (b)(1) and (9).
The proposed amendments to §115.914, Procedures for Alternate Means
of Control Plan Approval, abbreviate "EPA" because this term is defined in §3.2,
revise references from "TNRCC" to "commission" in §115.914(8) for consistency
with the commission's style guidelines, and delete unnecessary references
to "Texas Natural Resource Conservation Commission" or "TNRCC."
The proposed amendments to §115.915, Public Notice Format, delete
unnecessary references to "Texas Natural Resource Conservation Commission"
or "TNRCC" in §115.915(a), (b) (7) and (11), and (c). The proposed amendments
to §115.915 also abbreviate "EPA" in §115.915(b)(7) because this
term is defined in §3.2, and revise references from "TNRCC" to "executive
director" in §115.915(b)(1) and (c) for consistency with the commission's
style guidelines.
The proposed amendments to §115.916, Review of Approved Alternate
Means of Control Plans and Termination of Alternate Means of Control Plans,
revise the term "undesignated head" to "division," add the division title
to the first reference to the division, and revise a reference from "TNRCC"
to "executive director" in §115.916(d) for consistency with the commission's
style guidelines. The proposed amendments to §115.916 also add EPA and
any local air pollution control agency having jurisdiction as entities to
which a copy of an approved AMOC plan must be provided upon request. This
is consistent with the underlying recordkeeping requirements of Chapter 115.
Subchapter J, Administrative Provisions
Division 2, Early Reductions
The proposed amendments to §115.920, Applicability, revise a reference
from "Texas Natural Resource Conservation Commission (TNRCC)" to "executive
director" for consistency with the commission's style guidelines, correct
a referenced section title in §115.920(3), and spell out "Code of Federal
Regulations."
The proposed amendments to §115.923, Documentation, revise the term
"undesignated head" to "division" and reference the division title, delete
an unnecessary reference to "TNRCC" in §115.923(b) for consistency with
the commission's style guidelines.
Subchapter J, Administrative Provisions
Division 3, Compliance and Control Plan Requirements
The proposed amendments to §115.930, Compliance Dates, revise the
term "undesignated head" to "division" for consistency with the commission's
style guidelines.
The proposed amendments to §115.932, Control Plan Procedure, revise
a reference from "Texas Natural Resource Conservation Commission (TNRCC)"
to "executive director" for consistency with the commission's style guidelines,
delete an unnecessary reference to the title of Chapter 115, and correct the
term "regulation" to "chapter."
The proposed amendments to §115.934, Control Plan Deviation, update
references from the "Texas Air Control Board" and "TACB" (one of the commission's
predecessor agencies) to "executive director" for consistency with the commission's
style guidelines, correct the term "regulation" to "chapter," and abbreviate
"EPA" because this term is defined in §3.2.
The proposed amendment to §115.940, Equivalency Determination, abbreviates
"EPA" because this term is defined in §3.2.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Jeffrey Horvath, Analyst with Strategic Planning and Appropriations, determined
that for each year of the first five-year period the proposed rules are in
effect, there will be no fiscal implications to units of state or local government
as a result of implementation of the proposed rules.
The proposed amendments to the commission's VOC rules are intended to clarify
and add flexibility to existing requirements, correct technical and typographical
errors, update references to terms, and delete redundant language. These proposed
rules are an agency initiative to implement regulatory reform so that the
rules are free of technical and typographical errors and are more clear and
easy to read.
The proposed rulemaking would also revise recordkeeping requirements relating
to the fugitive emissions monitoring program for petroleum refineries in Gregg,
Nueces, and Victoria Counties. The proposed rules would add requirements for
keeping records of the date a leaking component was monitored, the results
of the monitoring, the test method used, and the date on which a first attempt
at repair was made to a leaking component.
The proposed recordkeeping requirements will also require owners and operators
of petroleum refineries; synthetic organic chemical, polymer, resin, or methyl
tert-butyl ether manufacturing processes; and natural gas/gasoline processing
operations in Brazoria, Chambers, Collin, El Paso, Dallas, Denton, Fort Bend,
Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant,
and Waller Counties to keep records to document compliance with the fugitive
emissions monitoring program. Specifically, the proposed rules add requirements
for keeping records of the date on which a first attempt at repair was made
to a leaking component. The new recordkeeping requirements are needed so that
staff can determine compliance with existing inspection requirements.
The proposed rules also correct an inconsistency between current Chapter
115 rules for aerospace coating and federal rules, and provide flexibility
in the offset printing rules by providing an additional option for the use
of certain cleaning solutions.
Staff estimates that approximately 140 privately-owned and operated facilities
in Brazoria, Chambers, Collin, El Paso, Dallas, Denton, Fort Bend, Galveston,
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller
Counties and six privately-owned and operated facilities in Gregg, Nueces,
and Victoria Counties would be required to maintain compliance records due
to implementation of the proposed rules. The commission estimates that there
will be no fiscal implications to units of state and local government due
to implementation of the recordkeeping requirements of this proposal because
none of the petroleum refineries; synthetic organic chemical, polymer, resin,
or methyl tert-butyl ether manufacturing processes; and natural gas/gasoline
processing operations which are required to keep records to document compliance
with the Chapter 115 fugitive monitoring programs are owned or operated by
units of state and local government. No fiscal implications are anticipated
for the agency due to the implementation of the proposed rules as the requirements
would be incorporated into existing inspection requirements. The remaining
provisions are procedural in nature and are not expected to result in additional
fiscal implications for units of state and local government.
PUBLIC BENEFITS AND COSTS
Mr. Horvath also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from enforcement
of and compliance with the proposed rules would be increased compliance with
air emission standards due to rules that are more clear and understandable
and more extensive record retention requirements.
The proposed recordkeeping requirements will require owners and operators
of petroleum refineries in Gregg, Nueces, and Victoria Counties to keep records
to document compliance with the fugitive emissions monitoring program. Specifically,
the proposed rules add requirements for keeping records of the date the component
was monitored, the results of the monitoring (in ppmv), the test method used
(Test Method 21, or sight/sound/smell), and the date on which a first attempt
at repair was made to a leaking component.
The commission estimates that approximately six privately-owned and operated
facilities would be required to maintain compliance records due to implementation
of the proposed rules. Based on information from the commission's regional
inspectors, most, if not all, of the affected facilities already comply with
the proposed recordkeeping requirements in order to comply with similar recordkeeping
requirements of a federal fugitive monitoring program under federal rules.
In the event that a facility does not already comply with the proposed recordkeeping
requirements, the cost for a facility to comply with the recordkeeping requirements
of this proposal is estimated not to exceed $500 a year. Included in the compliance
cost is the purchase of filing space and administrative supplies, printing
of records, and the initial training of persons responsible for maintaining
the records.
In the event that none of the facilities already comply with the proposed
recordkeeping requirements, the total costs to privately owned and operated
businesses in Gregg, Nueces, and Victoria Counties to comply with this proposal
are estimated not to exceed approximately $3,000 a year.
The proposed recordkeeping requirements will also require owners and operators
of petroleum refineries; synthetic organic chemical, polymer, resin, or methyl
tert-butyl ether manufacturing processes; and natural gas/gasoline processing
operations in Brazoria, Chambers, Collin, El Paso, Dallas, Denton, Fort Bend,
Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant,
and Waller Counties to keep records to document compliance with the fugitive
emissions monitoring program. Specifically, the amendments add requirements
for keeping records of the date on which a first attempt at repair was made
to a leaking component.
The commission estimates that approximately 140 privately-owned and operated
facilities in Brazoria, Chambers, Collin, El Paso, Dallas, Denton, Fort Bend,
Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant,
and Waller Counties would be required to maintain compliance records due to
implementation of the proposed rules. Based on information from the commission's
regional inspectors, most, if not all, of the affected facilities already
comply with the proposed recordkeeping requirements in order to comply with
similar recordkeeping requirements of federal fugitive monitoring programs
under federal rules. In the event that a facility does not already comply
with the proposed recordkeeping requirements, the cost for a facility to comply
with the recordkeeping requirements of this proposal is estimated not to exceed
$500 a year. Included in the compliance cost is the purchase of filing space
and administrative supplies, printing of records, and the initial training
of persons responsible for maintaining the records.
In the event that none of the facilities already comply with the proposed
recordkeeping requirements, the total costs to all privately owned and operated
businesses in Brazoria, Chambers, Collin, El Paso, Dallas, Denton, Fort Bend,
Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant,
and Waller Counties to comply with this proposal are estimated not to exceed
approximately $70,000 a year.
The proposed rules also clarify and add flexibility to existing requirements,
correct technical and typographical errors, update references to terms, and
delete redundant language. These proposed rules are an agency initiative to
implement regulatory reform so that the rules are free of technical and typographical
errors and are more clear and easy to read.
The proposed rules also correct an inconsistency between current Chapter
115 rules for aerospace coating and federal rules, and provide flexibility
in the offset printing rules by providing an additional option for the use
of certain cleaning solutions.
Any fiscal implications resulting from the implementation of the proposed
recordkeeping amendments are not considered significant. The remaining provisions
are procedural in nature and are not expected to result in additional fiscal
implications for any individual or owners and operators of privately-owned
and operated facilities.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses
as a result of implementation of the proposed rules because none of the petroleum
refineries; synthetic organic chemical, polymer, resin, or methyl tert-butyl
ether manufacturing processes; and natural gas/gasoline processing operations
which are required to keep records to document compliance with the fugitive
monitoring programs are small or micro-businesses.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has review this proposed rulemaking and determined that
a Local Employment Impact Statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that this proposal is not subject to §2001.0025 because it does not meet
the definition of a "major environmental rule" as defined in that statute.
"Major environmental rule" means a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state.
This proposal is not a major environmental rule because its primary purpose
is to clarify procedural and technical requirements for facilities subject
to Chapter 115 rules. Specifically, the proposed rules clarify and add flexibility
to existing requirements, correct technical and typographical errors, update
references to terms, delete redundant language, and ensure adequate recordkeeping
to document compliance with the Chapter 115 fugitive monitoring programs.
Also, as determined in the preceding fiscal note, the fiscal impacts associated
with this proposal are not anticipated to be significant.
In addition, a draft regulatory impact analysis is not required because
the rules do not meet any of the four applicability criteria for requiring
a regulatory analysis of a "major environmental rule" as defined in the Texas
Government Code. Section 2001.0225 applies only to a major environmental rule
the result of which is to: 1) exceed a standard set by federal law, unless
the rule is specifically required by state law; 2) exceed an express requirement
of state law, unless the rule is specifically required by federal law; 3)
exceed a requirement of a delegation agreement or contract between the state
and an agency or representative of the federal government to implement a state
and federal program; or 4) adopt a rule solely under the general powers of
the agency instead of under a specific state law. This proposal does not exceed
a standard set by federal law, and the proposed technical requirements are
consistent with applicable federal standards. In addition, this proposal does
not exceed an express requirement of state law and is not proposed solely
under the general powers of the agency, but is specifically authorized by
the provisions cited in the STATUTORY AUTHORITY section of this preamble.
Finally, this proposal does not exceed a requirement of a delegation agreement
or contract to implement a state and federal program. The commission invites
public comment on the draft regulatory impact analysis determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated this rulemaking action and performed an analysis
of whether the proposed rules are subject to Texas Government Code, Chapter
2007. The following is a summary of that analysis. The primary purpose of
the rulemaking is to revise specific rules in Chapter 115 to clarify and add
flexibility to existing requirements, correct errors, update references, and
delete redundant and obsolete language. Promulgation and enforcement of these
proposed rules would be neither a statutory nor a constitutional taking because
they do not affect private real property. Specifically, the proposed rules
do not affect a landowner's rights in private real property because this proposal
does not burden (constitutionally), nor restrict or limit the owner's right
to property and reduce its value by 25% or more beyond that which would otherwise
exist in the absence of the rules. Therefore, these rules will not constitute
a takings under the Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found that the proposal
is a rulemaking identified in Coastal Coordination Act Implementation Rules,
31 TAC §505.11, or will affect an action/authorization identified in
Coastal Coordination Act Implementation Rules, 31 TAC §505.11, and therefore
will require that applicable goals and policies of the Coastal Management
Program be considered during the rulemaking process.
The commission prepared a preliminary consistency determination for the
proposed rules pursuant to 31 TAC §505.22 and found the proposed rulemaking
is consistent with the applicable CMP goals and policies. The CMP goal applicable
to this rulemaking action is the goal to protect, preserve, and enhance the
diversity, quality, quantity, functions, and values of coastal natural resource
areas (31 TAC §501.12(1)). No new sources of air contaminants will be
authorized. The CMP policy applicable to this rulemaking action is the policy
that commission rules comply with regulations in 40 CFR, to protect and enhance
air quality in the coastal area (31 TAC §501.14(q)). This rulemaking
action complies with 40 CFR. Therefore, in compliance with 31 TAC §505.22(e),
this rulemaking action is consistent with CMP goals and policies. Interested
persons may submit comments on the consistency of the proposed rules with
the CMP during the public comment period.
EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMIT PROGRAM
Chapter 115 is an applicable requirement under 30 TAC Chapter 122; therefore,
owners or operators subject to the Federal Operating Permit Program must,
consistent with the revision process in Chapter 122, revise their operating
permit to include the revised Chapter 115 requirements for each emission unit
affected by the revisions to Chapter 115 at their site.
ANNOUNCEMENT OF HEARING
A public hearing on this proposal will be held in Austin on January 23,
2002 at 2:00 p.m. at the Texas Natural Resource Conservation Commission complex
in Building F, Room 3202A, located at 12100 Park 35 Circle. The hearing will
be structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
There will be no open discussion 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.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, 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 2002-037-115-AI. Comments must be
received by 5:00 p.m., January 23, 2002. For further information, please contact
Eddie Mack of the Policy and Regulations Division at (512) 239-1488.
Subchapter A. DEFINITIONS
30 TAC §115.10
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under TWC; Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
The proposed amendment implements TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.10.Definitions.
Unless specifically defined in the Texas Clean Air Act (TCAA) or in
the rules of the
commission
[
(1) - (19)
(No change.)
(20)
Marine terminal - Any marine facility or structure constructed
to
transfer
[
(21) - (32)
(No change.)
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 December 20, 2001.
TRD-200108144
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
1.
STORAGE OF VOLATILE ORGANIC COMPOUNDS
30 TAC §§115.113, 115.116, 115.117
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.113.Alternate Control Requirements.
[
[(b)
For all persons in Gregg, Nueces, and
Victoria Counties, alternate methods of demonstrating and documenting continuous
compliance with the applicable control requirements or exemption criteria
in this section may be approved by the Executive Director in accordance with §115.910
of this title if emission reductions are demonstrated to be substantially
equivalent.]
[(c)
For all persons in Aransas, Bexar, Calhoun,
Matagorda, San Patricio, and Travis Counties, alternate methods of demonstrating
and documenting continuous compliance with the applicable control requirements
or exemption criteria in this section may be approved by the Executive Director
in accordance with §115.910 of this title if emission reductions are
demonstrated to be substantially equivalent.]
§115.116.Monitoring and Recordkeeping Requirements.
(a)
For all persons in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas, the following recordkeeping requirements
shall apply.
(1) - (2)
(No change.)
(3)
Affected persons shall install and maintain monitors to
continuously measure and record operational parameters of any of the following
emission control devices installed to meet applicable control requirements.
Such records must be sufficient to demonstrate proper functioning of those
devices to design specifications, including:
(A)
(No change.)
(B)
the inlet and outlet gas temperature of a chiller or catalytic
incinerator;
and
(C)
the exhaust gas VOC concentration of any carbon adsorption
system, as defined in §115.10 of this title (relating to Definitions),
to determine if breakthrough has occurred
.
[
[(D)
the date and reason for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.]
(4)
(No change.)
(5)
All records shall be maintained for two years and be made
available for review upon request by authorized representatives of the executive
director,
EPA
[
(b)
For all persons in Gregg, Nueces, and Victoria Counties,
the following recordkeeping requirements shall apply.
(1)
(No change.)
(2)
The results of inspections required by §115.114(b)
of this title [
(3)
In Victoria County, affected persons shall install and
maintain monitors to continuously measure and record operational parameters
of any of the following emission control devices installed to meet applicable
control requirements. Such records must be sufficient to demonstrate proper
functioning of those devices to design specifications, including:
(A)
(No change.)
(B)
the inlet and outlet gas temperature of a chiller or catalytic
incinerator;
and
(C)
the exhaust gas VOC concentration of any carbon adsorption
system, as defined in §115.10 of this title [
[(D)
the date and reason for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.]
(4)
The results of any testing conducted in accordance with
the provisions specified in §115.115(b) of this title [
(5)
(No change.)
§115.117.Exemptions.
(a)
For all persons in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas, the following exemptions apply.
(1)
Except as provided in §115.116 of this title (relating
to Monitoring and Recordkeeping Requirements), any volatile organic compound
(VOC) with a true vapor pressure less than 1.5
pounds per square inch
absolute (psia)
[
(2)
Crude oil and condensate stored in tanks with a nominal
capacity less than 210,000 gallons (794,850 liters), prior to custody transfer,
is exempt from the requirements of this
division
[
(3)
Storage containers which have a capacity of less than 25,000
gallons (94,625 liters) located at motor vehicle fuel dispensing facilities
are exempt from the requirements of this
division
[
(4) - (7)
(No change.)
(8)
Storage containers which have a capacity
of no more than 1,000 gallons are exempt from the requirements of this division.
(b)
For all persons in Gregg, Nueces, and Victoria Counties,
the following exemptions apply.
(1)
Except as provided in §115.116 of this title, any
VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) at storage conditions
is exempt from the requirements of this
division
[
(2)
Crude oil and condensate stored in tanks with a nominal
capacity less than 210,000 gallons (794,850 liters), prior to custody transfer,
is exempt from the requirements of this
division
[
(3)
Storage containers which have a capacity of less than 25,000
gallons (94,625 liters) located at motor vehicle fuel dispensing facilities
are exempt from the requirements of this
division
[
(4)
(No change.)
(5)
External floating roof tanks storing waxy, high pour point
crude oils are exempt from any secondary seal requirements of §115.112(b)
of this title [
(6) - (7)
(No change.)
(8)
Storage containers which have a capacity
of no more than 1,000 gallons are exempt from the requirements of this division.
(c)
For all persons in Aransas, Bexar, Calhoun, Matagorda,
San Patricio, and Travis Counties, the following exemptions apply.
(1)
Any VOC with a true vapor pressure less than 1.5 psia (10.3
kPa) at storage conditions is exempt from the requirements of this
division
[
(2)
Slotted sampling and gauge pipes installed in any floating
roof storage tank are exempt from the provisions of §115.112(c) of this
title [
(3)
Storage tanks with nominal capacities between 1,000 gallons
(3,785 liters) and 25,000 gallons (94,625 liters) are exempt from the requirements
of §115.112(c)(1) of this title [
(4)
Storage tanks with a nominal capacity of 420,000 gallons
(1,589,700 liters) or less are exempt from the requirements of §115.112(c)(3)
of this title [
(5)
Storage containers which have a capacity
of no more than 1,000 gallons are exempt from the requirements of this division.
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 December 20, 2001.
TRD-200108145
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.132, 115.133, 115.136, 115.137, 115.139
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.132.Control Requirements.
(a)
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas, no person shall use any single or multiple compartment
volatile organic compound (VOC) water separator which separates materials
containing VOC obtained from any equipment which is processing, refining,
treating, storing, or handling VOC, unless each compartment is controlled
in one of the following ways:
(1) - (3)
(No change.)
(4)
any water separator that becomes subject to the provisions
of paragraphs (1), (2), or (3) of this subsection by exceeding provisions
of §115.137(a) of this title (relating to Exemptions) will remain subject
to the provisions of this subsection, even if throughput or emissions later
fall below the exemption limits unless and until emissions are reduced to
no more than the controlled emissions level existing before implementation
of the project by which throughput or emission rate was reduced to less than
the applicable exemption limits in §115.137(a) of this title; and
(A)
the project by which throughput or emission rate was reduced
is authorized by any permit or permit amendment or standard permit or
permit by rule
[
(B)
if authorization by permit, permit amendment, standard
permit, or
permit by rule
[
(b)
For Gregg, Nueces, and Victoria Counties, no person shall
use any single or multiple compartment VOC water separator which separates
materials containing VOC obtained from any equipment which is processing,
refining, treating, storing, or handling VOC, unless each compartment is controlled
in one of the following ways:
(1) - (2)
(No change.)
(3)
the compartment is equipped with a vapor recovery system
which satisfies the provisions of §115.131(b) of this title [
(c)
For Aransas, Bexar, Calhoun, Matagorda, San Patricio, and
Travis Counties, no person shall use any single or multiple compartment VOC
water separator which separates materials containing VOC obtained from any
equipment which is processing, refining, treating, storing, or handling VOC,
unless each compartment is controlled in one of the following ways:
(1) - (2)
(No change.)
(3)
the compartment is equipped with a vapor recovery system
which satisfies the provisions of §115.131(c) of this title [
§115.133.Alternate Control Requirements.
[
[(b)
For all persons in Gregg, Nueces, and
Victoria Counties, alternate methods of demonstrating and documenting continuous
compliance with the applicable control requirements or exemption criteria
in this section may be approved by the Executive Director in accordance with §115.910
of this title if emission reductions are demonstrated to be substantially
equivalent.]
[(c)
For all persons in Aransas, Bexar, Calhoun,
Matagorda, San Patricio, and Travis Counties, alternate methods of demonstrating
and documenting continuous compliance with the applicable control requirements
or exemption criteria in this section may be approved by the Executive Director
in accordance with §115.910 of this title if emission reductions are
demonstrated to be substantially equivalent.]
§115.136.Monitoring and Recordkeeping Requirements.
(a)
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas, the following recordkeeping requirements shall
apply.
(1)
(No change.)
(2)
Affected persons shall install and maintain monitors to
continuously measure and record operational parameters of any emission control
device installed to meet applicable control requirements. Such records must
be sufficient to demonstrate proper functioning of those devices to design
specifications, including:
(A)
(No change.)
(B)
the gas temperature immediately upstream and downstream
of any catalytic incinerator or chiller;
and
(C)
the VOC concentration of any carbon adsorption system exhaust
gas to determine if breakthrough has occurred
.
[
[(D)
the dates and reasons for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.]
(3)
(No change.)
(4)
All records shall be maintained at the affected facility
for at least two years and be made available upon request to representatives
of the executive director,
EPA
[
(b)
For Gregg, Nueces, and Victoria Counties, the following
recordkeeping requirements shall apply.
(1)
Any person who operates a single or multiple compartment
VOC water separator without the controls specified in §115.132(b) of
this title [
(2)
In Victoria County, affected persons shall install and
maintain monitors to continuously measure and record operational parameters
of any emission control device installed to meet applicable control requirements.
Such records must be sufficient to demonstrate proper functioning of those
devices to design specifications, including:
(A)
(No change.)
(B)
the gas temperature immediately upstream and downstream
of any catalytic incinerator or chiller;
and
(C)
the exhaust gas VOC concentration of any carbon adsorption
system, as defined in §115.10 of this title (relating to Definitions),
to determine if breakthrough has occurred
.
[
[(D)
the dates and reasons for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.]
(3)
Affected persons shall maintain the results of any testing
conducted in accordance with the provisions specified in §115.135(b)
of this title [
(4)
(No change.)
§115.137.Exemptions.
(a)
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas, the following exemptions shall apply.
(1)
(No change.)
(2)
Any single or multiple compartment VOC water separator
which separates materials having a true vapor pressure of VOC less than 0.5
pounds per square inch absolute (psia)
[
(3)
Any single or multiple compartment VOC water separator
which is designed solely to capture stormwater, spills, or exterior surface
cleanup waters is exempt from this
division
[
(b)
For Gregg, Nueces, and Victoria Counties, the following
exemptions shall apply
.
[
(1)
VOC water separators used exclusively in conjunction with
the production of crude oil or condensate are exempt from §115.132(b)
of this title [
(2)
Any single or multiple compartment VOC water separator
which separates less than 200 gallons (757 liters) a day of materials containing
VOC obtained from any equipment is exempt from §115.132(b) of this title
[
(3)
Any single or multiple compartment VOC water separator
which separates materials having a true vapor pressure of VOC less than 1.5
psia (10.3 kPa) obtained from any equipment is exempt from §115.132(b)
of this title [
(4)
In Gregg County, any single or multiple compartment VOC
water separator which separates materials obtained from any equipment in a
facility other than a petroleum refinery is exempt from §115.132(b) of
this title [
(5)
Any single or multiple compartment VOC water separator
which is designed solely to capture stormwater, spills, or exterior surface
cleanup waters is exempt from this
division
[
(c)
For Aransas, Bexar, Calhoun, Matagorda, San Patricio, and
Travis Counties, the following exemptions shall apply
.
[
(1)
VOC water separators used exclusively in conjunction with
the production of crude oil or condensate are exempt from §115.132(c)
of this title [
(2)
Any single or multiple compartment VOC water separator
which separates less than 200 gallons (757 liters) a day of materials containing
VOC obtained from any equipment is exempt from §115.132(c) of this title
[
(3)
Any single or multiple compartment VOC water separator
which separates materials having a true vapor pressure of VOC less than 1.5
psia (10.3 kPa) obtained from any equipment is exempt from §115.132(c)
of this title [
(4)
Any single or multiple compartment VOC water separator
which is designed solely to capture stormwater, spills, or exterior surface
cleanup waters is exempt from this
division
[
§115.139.Counties and Compliance Schedules.
All affected persons in Aransas, Bexar, Brazoria, Calhoun, Chambers,
Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris,
Jefferson, Liberty, Matagorda, Montgomery, Nueces, Orange, San Patricio, Tarrant,
Travis, Victoria, and Waller Counties shall continue to comply with this
division
[
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 December 20, 2001.
TRD-200108146
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.140, 115.145, 115.147
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.140.Industrial Wastewater Definitions.
The following terms, when used in this division, shall have the following
meanings, unless the context clearly indicates otherwise. Additional definitions
for terms used in this division are found in
§§115.10, 101.1,
and 3.2
[
(1) - (2)
(No change.)
(3)
Plant--All facilities included within the same
commission
[
(4) - (8)
(No change.)
§115.145.Approved Test Methods.
Compliance with the emission specifications, vapor control system efficiency,
and certain control requirements, inspection requirements, and exemption criteria
of §§115.142 - 115.144 and 115.147 of this title (relating to Control
Requirements; Alternate Control Requirements; Inspection and Monitoring Requirements;
and Exemptions) shall be determined by applying one or more of the following
test methods and procedures, as appropriate
.
[
(1) - (4)
(No change.)
(5)
Leak determination by instrument method. Use Test Method
21 (40 CFR 60, Appendix A) for determining VOC leaks and for monitoring a
carbon canister in accordance with §115.144(3)(D) of this title [
(6) - (9)
(No change.)
(10)
Alternate test methods. Test methods other than those
specified in paragraphs (1) - (8) of this section [
§115.147.Exemptions.
The following exemptions apply in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas.
(1)
Any plant with an annual volatile organic compounds (VOC)
loading in wastewater, as determined in accordance with §115.148 of this
title (relating to Determination of Wastewater Characteristics), less than
or equal to
ten
[
(2)
At any plant with an annual VOC loading in wastewater,
as determined in accordance with §115.148 of this title greater than
ten
[
(3)
Unless specifically required by this division (relating
to Industrial Wastewater), any component of a wastewater storage, handling,
transfer, or treatment facility to which the
control
requirements
of
§115.142 of this title
[
(4)
(No change.)
(5)
Wet weather retention basins are exempt from the requirements
of this division [
(6)
Petroleum refineries in the Beaumont/Port Arthur area are
exempt from the requirements of this division [
(7)
(No change.)
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 December 20, 2001.
TRD-200108147
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §115.153, §115.159
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.153.Alternate Control Requirements.
For all persons in the Houston/Galveston, El Paso, and Dallas/Fort
Worth ozone nonattainment areas, alternate methods of demonstrating and documenting
continuous compliance with the applicable control requirements or exemption
criteria in this
division
[
§115.159.Counties and Compliance Schedule.
(a)
All affected municipal solid waste landfills (MSWLFs) in
Collin, Dallas, Denton, and Tarrant Counties shall
demonstrate
[
(b)
All affected MSWLFs in El Paso County shall
demonstrate
[
(c)
All affected MSWLFs in Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery, and Waller Counties shall
demonstrate
[
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 December 20, 2001.
TRD-200108148
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §115.161, §115.169
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.161.Applicability.
(a)
(No change.)
(b)
Any batch process operation that is exempt under §115.167(1)
or (2)(A)
of this title [
§115.169.Counties and Compliance Schedules.
(a)
The owner or operator of each batch process operation in
Hardin, Jefferson, and Orange Counties shall
demonstrate
[
(b)
The owner or operator of each batch process operation in
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and
Waller Counties shall
demonstrate
[
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 December 20, 2001.
TRD-200108149
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
1.
LOADING AND UNLOADING OF VOLATILE ORGANIC COMPOUNDS
30 TAC §115.214
STATUTORY AUTHORITY
The amendment is proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendment implements TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.214.Inspection Requirements.
(a)
The owner or operator of each volatile organic compound
(VOC) transfer operation in the Beaumont/Port Arthur, Dallas/Fort Worth, El
Paso, and Houston/Galveston areas shall comply with the following inspection
requirements.
(1)
Land-based VOC transfer
to or from transport vessels
.
(A) - (D)
(No change.)
(2) - (3)
(No change.)
(b)
The owner or operator of each VOC transfer operation in
the covered attainment counties shall comply with the following inspection
requirements.
(1)
Land-based VOC transfer
to or from transport vessels
. At all VOC transfer operations in Aransas, Bexar, Calhoun, Gregg,
Matagorda, Nueces, San Patricio, Travis, and Victoria Counties, and at gasoline
terminals and gasoline bulk plants in the covered attainment counties:
(A) - (C)
(No change.)
(D)
Subparagraphs (A) and (B) of this paragraph do not apply
to fumes from hatches or vents if the fumes result from:
(i)
(No change.)
(ii)
a VOC loading operation which, under the 90% control option
in
§115.213(c)
[
(2)
(No change.)
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 December 20, 2001.
TRD-200108150
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
1.
PROCESS UNIT TURNAROUND AND VACUUM-PRODUCING SYSTEMS IN PETROLEUM REFINERIES
30 TAC §§115.311 - 115.313, 115.316, 115.319
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.311.Emission Specifications.
(a)
For all affected persons in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas as defined in §115.10 of
this title (relating to Definitions), the following emission specifications
on vacuum-producing systems shall apply
.
[
(1)
No person may be allowed to emit any volatile organic compound
(VOC) from a steam ejector or mechanical vacuum pump in a petroleum refinery
unless the vent stream is controlled properly in accordance with
§115.312(a)(2)
[
(2)
No person may be allowed to emit any VOC from a hotwell
with a contact condenser unless the hotwell is covered and the vapors from
the hotwell are controlled properly in accordance with
§115.312(a)(2)
[
(b)
For all affected persons in Gregg, Nueces, and Victoria
Counties, the following emission specifications on vacuum-producing systems
shall apply
.
[
(1) - (2)
(No change.)
§115.312.Control Requirements.
(a)
For all affected persons in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas, the following control requirements
shall apply
.
[
(1)
(No change.)
(2)
Vent gas streams affected by §115.311(a) of this title
(relating to Emission Specifications) must be controlled properly with a control
efficiency of at least 90% or to a
VOC
[
(A)
in a direct-flame incinerator at a temperature equal to
or greater than 1,300 degrees Fahrenheit (704 degrees
Celsius
[
(B)
(No change.)
(C)
by any other vapor
control
[
(b)
For all affected persons in Gregg, Nueces, and Victoria
Counties, the following control requirements shall apply
.
[
(1)
(No change.)
(2)
Vent gas streams affected by §115.311(b) of this title
must be controlled properly with a control efficiency of at least 90% or to
a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0%
oxygen for combustion devices):
(A)
in a direct-flame incinerator at a temperature equal to
or greater than 1,300 degrees Fahrenheit (704 degrees
Celsius
[
(B)
(No change.)
(C)
by any other vapor
control
[
§115.313.Alternate Control Requirements.
[
[(b)
For all affected persons in Gregg, Nueces,
and Victoria Counties, alternate methods of demonstrating and documenting
continuous compliance with the applicable control requirements in this undesignated
head (relating to Process Unit Turnaround and Vacuum-Producing Systems in
Petroleum Refineries) may be approved by the executive director in accordance
with §115.910 of this title (relating to Availability of Alternate Means
of Control) if emission reductions are demonstrated to be substantially equivalent.]
§115.316.Monitoring and Recordkeeping Requirements.
(a)
For all affected persons in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas, the following recordkeeping requirements
shall apply
.
[
(1)
Any person who operates a vacuum-producing system affected
by §115.311(a) of this title (relating to Emission Specifications) shall
keep the following records:
(A)
(No change.)
(B)
continuous monitoring of temperatures upstream and downstream
of a catalytic incinerator or chiller;
and
(C)
continuous monitoring of the exhaust gas volatile organic
compound (VOC) concentration of any carbon adsorption system, as defined in §115.10
of this title (relating to Definitions), to determine breakthrough
.
[
[(D)
the date and reason for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.]
(2) - (3)
(No change.)
(4)
All records shall be maintained for two years and be made
available for review upon request by authorized representatives of the
executive director
[
(b)
For all affected persons in Victoria County, the following
recordkeeping requirements shall apply
.
[
(1)
Any person who operates a vacuum-producing system affected
by §115.311(b) of this title [
(A)
(No change.)
(B)
continuous monitoring of temperatures upstream and downstream
of a catalytic incinerator or chiller;
and
(C)
continuous monitoring of the exhaust gas VOC concentration
of any carbon adsorption system, as defined in §115.10 of this title
[
[(D)
the date and reason for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.]
(2)
Any person who conducts a process unit turnaround affected
by §115.312(b) of this title [
(A) - (C)
(No change.)
(3)
The results of any testing conducted in accordance with
the provisions specified in §115.315(b) of this title [
(4)
All records shall be maintained for two years and be made
available for review upon request by authorized representatives of
the
executive director
[
§115.319.Counties and Compliance Schedules.
All affected persons in Brazoria, Chambers, Collin, Dallas, Denton,
El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty,
Montgomery, Nueces, Orange, Tarrant, Victoria, and Waller Counties shall continue
to comply with this
division
[
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 December 20, 2001.
TRD-200108151
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.322, 115.325 - 115.327
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.322.Control Requirements.
For Gregg, Nueces, and Victoria Counties, no person shall operate a
petroleum refinery without complying with the following requirements
.
[
(1) - (3)
(No change.)
(4)
Except for [
(5)
Pipeline valves and pressure relief valves in gaseous VOC
service shall be marked in some manner that will be readily obvious to monitoring
personnel.
Alternatively, the owner or operator of the refinery may choose
to monitor all components in liquid service on the schedule for components
in gaseous service specified in §115.324(2) of this title (relating to
Inspection Requirements).
§115.325.Testing Requirements.
For all affected persons in Gregg, Nueces, and Victoria Counties, compliance
with this division (relating to Fugitive Emission Control in Petroleum Refineries
in Gregg, Nueces, and Victoria Counties) shall be determined by applying the
following test methods, as appropriate:
(1)
(No change.)
(2)
determination of true vapor pressure using ASTM Test Method
D323-82 for the measurement of Reid vapor pressure, adjusted for 68 degrees
Fahrenheit (20 degrees
Celsius
[
(3)
(No change.)
§115.326.Recordkeeping Requirements.
For Gregg, Nueces, and Victoria Counties, the owner or operator of
a petroleum refinery shall have the following recordkeeping requirements
.
[
(1)
(No change.)
(2)
Maintain a leaking-components monitoring log for all leaks
of more than 10,000
parts per million by volume (ppmv)
[
(A) - (C)
(No change.)
(D)
the date the component was monitored;
(E)
the results of the monitoring (in ppmv);
(F)
a record of the calibration of the monitoring
instrument;
(G)
if a component is found leaking:
(i)
[
(ii)
the date on which a first attempt at
repair was made to a leaking component;
(iii)
[
(iv)
[
[(G)
a record of the calibration of the monitoring
instrument;]
(v)
[
(H)
[
(I)
the test method used (Test Method 21,
or sight/sound/smell).
(3) - (4)
(No change.)
§115.327.Exemptions.
For all affected persons in Gregg, Nueces, and Victoria Counties, the
following exemptions shall apply
.
[
(1)
Valves with a nominal size of two inches
(five centimeters
(cm))
[
(A) - (C)
(No change.)
(2)
(No change.)
(3)
Components which contact a process liquid containing a
VOC having a true vapor pressure equal to or less than 0.147
pounds per
square inch absolute (psia)
[
(4)
(No change.)
(5)
Pressure relief devices connected to an operating flare
header, components in continuous vacuum service, storage tank valves, and
valves that are not externally regulated (such as in-line check valves) are
exempt from the monitoring requirement of §115.324 of this title [
(6)
(No change.)
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 December 20, 2001.
TRD-200108152
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.352, 115.353, 115.355 - 115.357, 115.359
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.352.Control Requirements.
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas as defined in §115.10 of this title (relating to Definitions),
no person shall operate a petroleum refinery; a synthetic organic chemical,
polymer, resin, or methyl tert-butyl ether manufacturing process; or a natural
gas/gasoline processing operation as defined in §115.10 of this title,
without complying with the following requirements.
(1) - (3)
(No change.)
(4)
Except for [
(5) - (9)
(No change.)
§115.353.Alternate Control Requirements.
For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth,
El Paso, and Houston/Galveston areas, any alternate methods of demonstrating
and documenting continuous compliance with the applicable control requirements
or exemption criteria in this
division
[
§115.355.Approved Test Methods.
For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth,
El Paso, and Houston/Galveston areas, compliance with this
division
[
(1)
Test Method 21 (40 CFR 60, Appendix A) for determining
volatile organic compound leaks
, except the calibration shall be at 500
parts per million by volume (ppmv) rather than at 10,000 ppmv;
(2)
determination of true vapor pressure using American Society
for Testing and Materials Test Methods D323-89, D2879, D4953, D5190, or D5191
for the measurement of Reid vapor pressure, adjusted for 68 degrees Fahrenheit
(20 degrees Celsius) in accordance with
American Petroleum Institute
(API)
[
(3) - (4)
(No change.)
§115.356.Monitoring and Recordkeeping Requirements.
All affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth,
El Paso, and Houston/Galveston areas shall have the following recordkeeping
requirements:
(1)
maintain
[
(A) - (F)
(No change.)
(G)
if a component is found leaking:
(i)
(No change.)
(ii)
the date on which a first attempt at
repair was made to a leaking component;
(iii)
[
(iv)
[
(v)
[
(H)
(No change.)
(I)
the test method used (Test Method 21, or sight/sound/smell)
;
[
(2)
records
[
(3)
maintain
[
§115.357.Exemptions.
For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth,
El Paso, and Houston/Galveston areas, the following exemptions shall apply.
(1)
Components which contact a process fluid containing
volatile organic compounds (VOCs)
[
(2)
Storage tank valves, pressure relief valves equipped with
a rupture disc or venting to a control device, components in continuous vacuum
service, and valves that are not externally regulated (such as in-line check
valves) are exempt from all the requirements of this
division (relating
to Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing,
and Petrochemical Processes in Ozone Nonattainment Areas)
[
(3) - (5)
(No change.)
(6)
Components at a petroleum refinery; synthetic organic chemical,
polymer, resin, or methyl-tert-butyl ether manufacturing process, which contact
a process fluid that contains less than 10% VOC by weight and components at
a natural gas/gasoline processing operation which contact a process fluid
that contains less than 1.0% VOC by weight are exempt from the requirements
of this
division
[
(7)
Facilities with less than 250 components in VOC service
are exempt from the requirements of this
division
[
(8)
Components in ethylene, propane, or propylene service,
not to exceed 5.0% of the total components, may be classified as non-repairable
beyond the second repair attempt at 500
parts per million by volume (ppmv)
[
(9)
Valves rated greater than 10,000 pounds per square inch
gauge (psig) are exempt from the requirements of §115.352(4) of this
title [
§115.359.Counties and Compliance Schedules.
All affected persons in Brazoria, Chambers, Collin, El Paso, Dallas,
Denton, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller Counties shall
continue to comply
[
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 December 20, 2001.
TRD-200108153
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
2.
SURFACE COATING PROCESSES
30 TAC §§115.420 - 115.422
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.420.Surface Coating Definitions.
(a)
(No change.)
(b)
Specific surface coating definitions. The following terms,
when used in this division (relating to Surface Coating Processes), shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Aerospace coating.
(A) - (QQ)
(No change.)
(RR)
Hydrocarbon-based cleaning solvent --
A solvent which is composed of VOC (photochemically reactive hydrocarbons)
and/or oxygenated hydrocarbons, has a maximum vapor pressure of seven millimeters
of mercury (mm Hg) at 20 degrees Celsius (68 degrees Fahrenheit), and contains
no hazardous air pollutant (HAP) identified in the 1990 Amendments to the
Federal Clean Air Act (FCAA), §112(b).
(SS)
[
(TT)
[
(UU)
[
(VV)
[
(WW)
[
(XX)
[
(YY)
[
(ZZ)
[
(AAA)
[
(BBB)
[
(CCC)
[
(DDD)
[
(EEE)
[
(FFF)
[
(GGG)
[
(HHH)
[
(III)
[
(JJJ)
[
(KKK)
[
(LLL)
[
(MMM)
[
(NNN)
[
(OOO)
[
(PPP)
[
(QQQ)
[
(RRR)
[
(SSS)
[
(TTT)
[
(UUU)
[
(VVV)
[
(WWW)
[
(XXX)
[
(YYY)
[
(ZZZ)
[
(AAAA)
[
(BBBB)
[
(CCCC)
[
(DDDD)
[
(EEEE)
[
Figure: 30 TAC §115.420(b)(1)(EEEE)
[
(FFFF)
[
(GGGG)
[
(HHHH)
[
(2) - (11)
(No change.)
(12)
Vehicle coating.
(A)
(No change.)
(B)
Vehicle refinishing (body shops).
(i)
Basecoat/clearcoat system -- A topcoat system composed
of a pigmented basecoat portion and a transparent clearcoat portion. The VOC
content of a
basecoat (bc)/clearcoat (cc)
[
Figure: 30 TAC §115.420(b)(12)(B)(i) (No change.)
(ii) - (ix)
(No change.)
(13) - (14)
(No change.)
§115.421.Emission Specifications.
(a)
No person in the Beaumont/Port Arthur, Dallas/Fort Worth,
El Paso, and Houston/Galveston areas as defined in §115.10 of this title
(relating to Definitions) may cause, suffer, allow, or permit volatile organic
compound (VOC) emissions from the surface coating processes affected by paragraphs
(1) - (15) of this subsection to exceed the specified emission limits. These
limitations are based on the daily weighted average of all coatings delivered
to each coating line, except for those in paragraph (10) of this subsection
which are based on paneling surface area, and those in paragraph (14) of this
subsection which, if using an averaging approach, must use one of the daily
averaging equations within that paragraph. The owner or operator of a surface
coating operation subject to paragraph (11) of the subsection may choose to
comply by using the monthly weighted average option as defined in §115.420
(b)(1)(XX) of this title (relating to Surface Coating Definitions).
(1) - (10)
(No change.)
(11)
Aerospace coatings. The VOC content of coatings, including
any VOC-containing materials added to the original coating supplied by the
manufacturer, which are applied to aerospace vehicles or components shall
not exceed the following limits (in grams of VOC per liter of coating, less
water and exempt solvent). The following applications are exempt from the
VOC content limits of this paragraph: manufacturing or re-work of space vehicles
or antique aerospace
vehicles
or components of each; touchup
;
[
(A) - (B)
(No change.)
(12) - (15)
(No change.)
(b)
(No change.)
§115.422.Control Requirements.
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas, the following control requirements shall apply.
(1) - (2)
(No change.)
(3)
The following requirements apply to each wood furniture
manufacturing facility subject to §115.421(a)(14) of this title (relating
to Emission Specifications).
(A) - (B)
(No change.)
(C)
Conventional air spray guns shall not be used for applying
finishing materials except under one or more of the following circumstances:
(i)
to
[
(ii)
for
[
(I)
the
[
(II)
the
[
(iii)
if
[
(iv)
if
[
(v)
the
[
(vi)
the
[
(I) - (II)
(No change.)
(D) - (E)
(No change.)
(4)
(No change.)
(5)
The following requirements apply to each aerospace vehicle
or component coating process subject to §115.421(a)(11) or (b)(10) of
this title.
(A) - (D)
(No change.)
(E)
All fresh and used cleaning solvents used in solvent cleaning
operations shall be stored in containers that are kept closed at all times
except when filling or emptying. Cloth and paper, or other absorbent applicators,
moistened with cleaning solvents shall be stored in closed containers. Cotton-tipped
swabs used for very small cleaning operations are exempt from this subparagraph.
In addition, the owner or operator must implement handling and transfer procedures
to minimize spills during filling and transferring the cleaning solvent to
or from enclosed systems, vats, waste containers, and other cleaning operation
equipment that hold or store fresh or used cleaning solvents. The requirements
of this subparagraph are known collectively as housekeeping measures. Aqueous
,
[
(6)
Any surface coating operation that becomes subject to the
provisions of §115.421(a) of this title by exceeding the provisions of §115.427(a)
of this title (relating to Exemptions) shall remain subject to the provisions
in §115.421(a) of this title, even if throughput or emissions later fall
below exemption limits unless and until emissions are reduced to no more than
the controlled emissions level existing before implementation of the project
by which throughput or emission rate was reduced to less than the applicable
exemption limits in §115.427(a) of this title, and
(A)
the project by which throughput or emission rate was reduced
is authorized by any permit or permit amendment or standard permit or permit
by rule required by Chapter 116 or Chapter 106 of this title (relating to
Control of Air Pollution by Permits for New Construction or Modification;
and Permits
by
[
(B)
(No change.)
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 December 20, 2001.
TRD-200108154
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.440, 115.442, 115.445, 115.446
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.440.Offset Printing Definitions.
The following terms, when used in this division (relating to Offset
Lithographic Printing), shall have the following meanings, unless the context
clearly indicates otherwise. Additional definitions for terms used in this
division are found in
§§115.10, 101.1, and 3.2
[
(1)
Alcohol -- An alcohol is any of the hydroxyl-containing
organic compounds with a molecular weight equal to or less than 74.12 [
(2) - (9)
(No change.)
(10)
VOC composite partial pressure - The
sum of the partial pressures of the compounds which meet the definition of
volatile organic compound (VOC) in §101.1 of this title. The VOC composite
partial pressure is calculated as follows.
Figure: 30 TAC §115.440(10)
§115.442.Control Requirements.
For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as
defined in §115.10 of this title (relating to Definitions), the following
control requirements shall apply
.
[
(1)
No person shall operate or allow the operation of an offset
lithographic printing line that uses solvent-containing ink, unless volatile
organic compound (VOC) emissions are limited by the following
.
[
(A) - (E)
(No change.)
(F)
Any person who owns or operates an offset lithographic
printing press shall reduce VOC emissions from cleaning solutions by one of
the following methods:
(i)
using cleaning solutions with a VOC content of 50% or less
(by volume, as used); [
(ii)
using cleaning solutions with a VOC content of 70% or
less (by volume, as used) and incorporating a towel handling program which
ensures that all waste ink, solvents, and cleanup rags shall be stored in
closed containers until removed from the site by a licensed disposal/cleaning
service
; or
[
(iii)
using cleaning solutions with a VOC
composite partial vapor pressure less than or equal to ten millimeters of
mercury (mm Hg) at 20 degrees Celsius (68 degrees Fahrenheit).
(2)
No person shall operate or allow the operation of a heatset
offset lithographic printing press unless VOC emissions from the press dryer
exhaust vent are reduced 90% by weight or a maximum dryer exhaust outlet concentration
of 20
parts per million by volume (ppmv)
[
§115.445.Approved Test Methods.
For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as
defined in §115.10 of this title (relating to Definitions), compliance
shall be determined by applying the following test methods, as appropriate:
(1) - (4)
(No change).
(5)
EPA
[
(6)
additional performance test procedures described in 40
CFR
§60.444
[
§115.446.Monitoring and Recordkeeping Requirements.
For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas as
defined in §115.10 of this title (relating to Definitions), the following
monitoring and recordkeeping requirements shall apply.
(1)
The owner or operator of a heatset offset lithographic
printing press shall install, calibrate, maintain, and operate a temperature
monitoring device, according to the manufacturer's instructions, at the outlet
of the control device. The temperature monitoring device shall be equipped
with a continuous recorder and shall have an accuracy of
±
0.5
degrees Fahrenheit
, or alternatively ±1.0% of the temperature
being monitored
.
(2)
The owner or operator of any offset lithographic printing
press shall install and maintain monitors to continuously measure and record
operational parameters of any emission control device installed to meet applicable
control requirements on a regular basis. Such records must be sufficient to
demonstrate proper functioning of those devices to design specifications,
including:
(A) - (B)
(No change.)
(C)
the exhaust gas VOC concentration of any carbon adsorption
system, as defined in §115.10 of this title [
(3) - (4)
(No change.)
(5)
The owner or operator of any offset lithographic printing
press using refrigeration equipment on the fountain
solution
in
order to comply with
§115.442(1)(A), (C), or
(D) [
(6)
For any offset lithographic printing press with continuous
cleaning equipment, flow meters are required to monitor water and cleaning
solution flow rates. The flow meters shall be calibrated so that the VOC content
of the mixed solution complies with the requirements of §115.442 of this
title [
(7)
(No change.)
(8)
The owner or operator of any offset lithographic printing
press shall maintain all records at the affected facility for at least two
years and make such records available upon request to representatives of the
executive director, [
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 December 20, 2001.
TRD-200108155
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
2.
PHARMACEUTICAL MANUFACTURING FACILITIES
30 TAC §§115.532, 115.533, 115.535, 115.539
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
the TWC; Texas Health and Safety Code, TCAA, §382.017, which provides
the commission authority to adopt rules consistent with the policy and purposes
of the TCAA; §382.002, which establishes the commission's purpose to
safeguard the state's air resources, consistent with the protection of public
health, general welfare, and physical property; §382.011, which authorizes
the commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement the TCAA, §382.011, relating to
General Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.532.Control Requirements.
(a)
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas, the owner or operator of a synthesized pharmaceutical
manufacturing facility shall provide the following specified controls.
(1) - (4)
(No change.)
(5)
Pharmaceutical manufacturing facility. Any pharmaceutical
manufacturing facility that becomes subject to the provisions of paragraphs
(1) - (4) of this subsection by exceeding provisions of §115.537(a) of
this title (relating to Exemptions) will remain subject to the provisions
of this subsection, even if throughput or emissions later fall below exemption
limits
,
unless and until emissions are reduced to no more than
the controlled emissions level existing before implementation of the project
by which throughput or emission rate was reduced to less than the applicable
exemption limits in §115.537(a) of this title
;
and:
(A)
the project by which throughput or emission rate was reduced
is authorized by any permit or permit amendment or standard permit or
permit by rule
[
(B)
if authorization by permit, permit amendment, standard
permit, or
permit by rule
[
(b)
For Gregg, Nueces, and Victoria Counties, the owner or
operator of a synthesized pharmaceutical manufacturing facility shall provide
the following specified controls.
(1) - (3)
(No change.)
(4)
Air dryers, production equipment exhaust systems, and loading
facilities. Sources affected by §115.531(b) of this title [
§115.533.Alternate Control Requirements.
(b)
For all affected persons in Gregg, Nueces,
and Victoria Counties, alternate methods of demonstrating and documenting
continuous compliance with the applicable control requirements or exemption
criteria in this undesignated head (relating to Pharmaceutical Manufacturing
Facilities) may be approved by the executive director in accordance with §115.910
of this title (relating to Availability of Alternate Means of Control) if
emission reductions are demonstrated to be substantially equivalent.
§115.535.Testing Requirements.
(a)
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas, compliance with this
division (relating
to Pharmaceutical Manufacturing Facilities)
[
(1) - (6)
(No change.)
(b)
For Gregg, Nueces, and Victoria Counties, compliance with
this
division
[
(1) - (6)
(No change.)
§115.539.Counties and Compliance Schedules.
All affected persons in Brazoria, Chambers, Collin, Dallas, Denton,
El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty,
Montgomery, Nueces, Orange, Tarrant, Victoria, and Waller Counties shall continue
to comply with this
division
[
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 December 20, 2001.
TRD-200108156
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.541 - 115.543, 115.545 -115.547, 115.549
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.541.Emission Specifications.
(a)
For all persons in the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas as defined in §115.10 of
this title (relating to Definitions), the following emission specifications
shall apply to degassing during or in preparation of cleaning.
(1)
(No change.)
(2)
For all transport vessels, as defined in §115.10 of
this title, with a nominal storage capacity of 8,000 gallons or more
.
[
(A) - (E)
(No change.)
(b)
For all persons in the Beaumont/Port Arthur and Houston/Galveston
areas, the following emission specifications shall apply to degassing during
or in preparation of cleaning for all marine vessels, as defined in
§101.1
[
(1) - (4)
(No change.)
(5)
All marine vessels, as defined in
§101.1
[
§115.542.Control Requirements.
(a)
(No change.)
(b)
For all persons in the Beaumont/Port Arthur and Houston/Galveston
areas, the following control requirements shall apply to marine vessels.
(1) - (3)
(No change.)
(4)
Vapors shall be routed to the control device until the
marine vessel is stripped VOC liquid-free and a turnover of at least four
vapor space volumes has occurred, the partial vapor pressure is less than
0.5 psia (19,000 ppmw, or 34,000 ppmv expressed as methane), or the concentration
of VOC is less than 20% of
the
lower
explosive
[
§115.543.Alternate Control Requirements.
For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El
Paso, and Houston/Galveston areas, alternate methods of demonstrating and
documenting continuous compliance with the applicable control requirements
or exemption criteria in this
division (relating to Degassing or Cleaning
of Stationary, Marine, and Transport Vessels)
[
§115.545.Approved Test Methods.
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas, compliance with §115.541 and §115.542 of this title (relating
to Emission Specifications and Control Requirements) shall be determined by
applying the following test methods, as appropriate:
(1) - (4)
(No change.)
(5)
additional test procedures described in 40 CFR
§60.503
[
(6) - (8)
(No change.)
(9)
40 CFR §63.565(c) (effective September 19, 1995)
or
[
(10)
(No change.)
§115.546.Monitoring and Recordkeeping Requirements.
For facilities in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas affected by §115.541 and §115.542 of
this title (relating to Emission Specifications and Control Requirements),
the owner or operator of any volatile organic compound (VOC) degassing or
cleaning facility shall maintain the following information at the facility
for at least two years and shall make such information available upon request
to representatives of the
executive director
[
(1)
(No change.)
(2)
for vapor control systems:
(A)
(No change.)
(B)
continuous monitoring and recording of the inlet and outlet
gas temperature of a catalytic incinerator;
and
(C)
continuous monitoring and recording of the exhaust gas
VOC concentration for carbon adsorption systems that contain facilities to
regenerate the carbon bed directly, as defined in §115.10 of this title
(relating to Definitions); or periodic monitoring of the exhaust gas VOC as
specified by 40 Code of Federal Regulations
§61.354(d) (effective
October 17, 2000)
[
[(D)
the date and reason for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities;]
(3)
the results of any leak inspection and repair conducted
in accordance with the provisions specified in §115.544 of this title
(relating to Inspection Requirements);
and
(4)
(No change.)
§115.547.Exemptions.
For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El
Paso, and Houston/Galveston areas as defined in §115.10 of this title
(relating to Definitions), the following exemptions apply.
(1)
Degassing or cleaning any vessel with a vapor space partial
pressure less than 0.5 pounds per square inch absolute (3.4 kPa) of volatile
organic compound (VOC) under actual storage conditions is exempt from the
requirements of this
division (relating to Degassing or Cleaning of Stationary,
Marine, and Transport Vessels)
[
(2)
Degassing or cleaning any transport vessel with a nominal
storage capacity of less than 8,000 gallons, or any stationary VOC storage
tank with a nominal storage capacity of less than 1 million gallons, or any
marine vessel with a nominal storage capacity of less than 10,000 barrels
(420,000 gallons), is exempt from the requirements of this
division
[
(3)
Any stationary VOC storage tank during preventative maintenance,
roof repair, primary seal inspection, or removal and installation of a secondary
seal, if product is not moved in or out of the storage tank, emissions are
minimized, and the repair is completed within seven calendar days
, is
exempt from the requirements of this division
.
(4)
Any marine vessel which has sustained damage which prevents
a cargo tank's opening from being properly secured, the onboard vapor recovery
system to be inoperative, or the pressure/vacuum relief valves from operating
within certified limits as specified by classification society or flag state
is exempt from
§115.541(b)
[
(5)
Any oceangoing, self-propelled marine vessel is exempt
from the degassing or cleaning requirements of this
division
[
§115.549.Counties and Compliance Schedules.
(a)
All affected persons in the Brazoria, Chambers, [
(b)
All affected persons in Collin, Dallas, Denton, and Tarrant
Counties shall be in compliance with this
division
[
(c)
All affected persons in El Paso County shall be in compliance
with this
division
[
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 December 20, 2001.
TRD-200108157
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §115.552, §115.559
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.552.Control Requirements.
(a)
(No change.)
(b)
Any petroleum solvent dry cleaning facility that becomes
or is currently subject to the control requirements of subsection (a) of this
section by exceeding the exemption limit of §115.157 of this title (relating
to Exemptions) shall remain subject to the provisions of this section, even
if its consumption of petroleum solvent later falls below the exemption level
,
unless and until its uncontrolled solvent consumption is reduced to
no more than its solvent consumption level before lifting controls; and
:
(1)
the project by which solvent consumption was reduced is
authorized by any permit or permit amendment or standard permit or
permit
by rule
[
(2)
if authorization by permit, permit amendment, standard
permit, or
permit by rule
[
§115.559.Counties and Compliance Schedules.
(a)
All affected petroleum solvent dry cleaning facilities
in Collin, Dallas, Denton, and Tarrant Counties shall be in compliance with
this division (relating to Petroleum Dry Cleaning Systems)
[
(b) - (d)
(No change.)
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 December 20, 2001.
TRD-200108158
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
1.
ALTERNATE MEANS OF CONTROL
30 TAC §§115.910 - 115.916
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.910.Availability of Alternate Means of Control.
(a)
Any person affected by a control requirement and/or emission
specification of this chapter may request approval of an alternate means of
control (AMOC) plan using the procedures established in §115.913 of this
title (relating to Procedures for Alternate Means of Control Plan Submittal).
Such AMOC plan shall be approved if it is demonstrated that the plan meets
all applicable criteria and procedures of §§115.911 - 115.913, 115.915,
and 115.916 of this title (relating to Criteria for Approval of
Alternate
Means of Control
[
(b)
An AMOC applicant may apply to the executive director for
a waiver of portions of §115.913 of this title [
(c) - (d)
(No change.)
§115.911.Criteria for Approval of Alternate Means of Control Plans.
An alternate means of control (AMOC) plan shall be approved if it meets
each of the following criteria, as applicable.
(1)
All facilities covered by the AMOC plan are and remain
in the same [
(2) - (3)
(No change.)
(4)
The AMOC application must demonstrate that the sum of the
maximum daily potentials to emit from the sources subject to the proposed
AMOC plan shall not be more than 200 pounds per day greater than the sum of
the maximum daily potentials to emit from those sources if the emissions were
controlled in accordance with this chapter [
(5)
(No change.)
(6)
Reductions in actual emissions accounted for in the AMOC
plan must be surplus and remain surplus to reductions required by this chapter
and any netting or offsetting requirements of
§§116.150, 116.151,
116.160, and 116.161 of this title (relating to New Major Source or Major
Modification in Ozone Nonattainment Areas; New Major Source or Major Modification
in Nonattainment Area Other Than Ozone; Prevention of Significant Deterioration
Requirements; and Source Located in an Attainment Area with a Greater Than
De Minimis Impact)
[
(7) - (9)
(No change.)
(10)
The AMOC plan must include all necessary and appropriate
provisions for monitoring, testing, reporting, and recordkeeping as specified
by the executive director. The frequency of AMOC required monitoring, testing,
reporting, and recordkeeping shall be sufficient to reasonably ensure compliance
with applicable emission limits and/or control requirements. The monitoring,
testing, reporting, and recordkeeping shall be at least as reliable, readily
retrievable, and retained for a comparable period of time as the underlying
requirements of this chapter [
(A)
If this chapter includes monitoring, testing, reporting,
and/or recordkeeping requirements for sources of the type(s) to be covered
by an alternate emission limitation and/or control requirement, then such
requirement may be used to render the AMOC plan enforceable. If this chapter
does not include readily transferable monitoring, testing, reporting, and/or
recordkeeping requirements for sources of the type(s) to be covered by an
alternate emission limitation and/or control requirement, then priority may
be given to any such set of requirements adopted under other
commission
[
(B)
If this chapter includes emission limits and/or control
requirements for sources of the type(s) to be covered by an alternate emission
limitation and/or control requirement, then such alternative emission limitation
and/or control requirement may be based on the same averaging time as is applied
to those same type sources under this chapter. If this chapter does not include
emission limitations and/or control requirements for sources of the type(s)
to be covered by an alternate emission limit and/or control requirement, then
priority may be given to averaging times for emission limits and/or control
requirements on similar units governed by other
commission
[
(C)
If no such
commission
[
(D)
(No change.)
§115.912.Calculations for Determining Alternate Means of Control [
(a)
For purposes of this section, a source's baseline is defined
as the annual emissions that are calculated assuming full compliance with
the adopted requirements of this chapter and using data representative of
actual operations in 1990 or thereafter for all variables necessary to calculate
annual emissions for the identified source.
(1)
For an
alternate means of control (AMOC)
[
(2) - (3)
(No change.)
(b)
The
AMOC
[
(c)
For any source not controlled as otherwise specifically
required by this chapter where an applicable adopted requirement exists, the
AMOC applicant shall calculate credits needed by subtracting the source's
baseline from the source's annual emissions limit under the AMOC plan. This
difference shall then be multiplied by the appropriate factor in §115.911(3)
of this title (relating to Criteria for Approval of
Alternate Means of
Control
[
(d) - (f)
(No change.)
§115.913.Procedures for Alternate Means of Control Plan Submittal.
(a)
All persons requesting an alternate means of control (AMOC)
plan as provided by §115.910 of this title (relating to Availability
of Alternate Means of Control) shall submit a proposed AMOC plan and demonstration
to the executive director; copies of such plan and demonstration to the
appropriate regional office
[
(b)
The proposed AMOC plan shall include the following information:
(1)
the AMOC applicant name with mailing address, site name
with physical address, [
(2) - (8)
(No change.)
(9)
a list containing the name, address, and telephone number
of any air pollution control program with jurisdiction over the [
(10)
(No change.)
(c) - (d)
(No change.)
§115.914.Procedures for an Alternate Means of Control Plan Approval.
Upon a preliminary determination to approve or deny the proposed alternative
means of control (AMOC) plan, the executive director shall, in writing, so
notify the submitter of the plan, any local air pollution control program
with jurisdiction over the [
(1) - (5)
(No change.)
(6)
The executive director shall send written notice of his/her
final determination concerning each AMOC plan to the submitter of the plan,
the EPA
regional office
[
(7)
(No change.)
(8)
Within 45 days of final approval of the AMOC plan by the
executive director, EPA may notify the
commission
[
(9) - (11)
(No change.)
§115.915.Public Notice Format.
(a)
Public notice shall be published in the public notice section
of two successive issues of a newspaper of general circulation in or closest
to the municipality in which the facility with the [
(b)
Public notice shall contain the following information:
(1)
AMOC plan application number assigned by the
executive
director
[
(2) - (6)
(No change.)
(7)
the locations and availability of copies of the proposed
AMOC plan, related documentation, and the executive director's preliminary
analysis of the plan (including the [
(8) - (10)
(No change.)
(11)
the name, address, and phone number of the regional [
(c)
The AMOC plan submitter shall provide proof of adequate
notice to the
executive director
[
§115.916.Review of Approved Alternate Means of Control Plans and Termination of Alternate Means of Control Plans.
(a)
For the purposes of this
division (relating to Alternate
Means of Control)
[
(b) - (c)
(No change.)
(d)
Upon final approval of an AMOC plan, the owner or operator
of the facilities affected by such plan shall keep a copy of the plan on the
site affected by the plan
and shall make the plan
[
(e)
Upon request, each holder of an AMOC plan shall submit
to the executive director a demonstration that the plan continues to meet
all applicable criteria of this
division
[
(f)
(No change.)
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 December 20, 2001.
TRD-200108159
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §115.920, §115.923
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.920.Applicability.
Any person affected by any control requirement of this chapter may
apply to the
executive director
[
(1) - (2)
(No change.)
(3)
the alternate VOC reductions created by the Early Reductions
Program must be surplus to reductions required by this chapter and any netting
or offsetting requirements of §116.150 of this title (relating to New
Major Source or Major Modification in Ozone Nonattainment
Areas
[
(4)
(No change.)
§115.923.Documentation.
(a)
For each source requesting a six-year extension of the
compliance date for control requirements in accordance with §115.920
of this title (relating to Applicability), there shall be established an Early
Reductions Plan reflecting the emission reduction for VOC which qualifies
the source for the six-year extension. In lieu of preparing a site-specific
State Implementation Plan (SIP) for such Early Reductions Plan, a facility
owner or operator shall comply with the requirements of this
division
(relating to Early Reductions)
[
(b)
Documentation required for approval of the extension shall
demonstrate to the satisfaction of the [
(1) - (11)
(No change.)
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 December 20, 2001.
TRD-200108160
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
30 TAC §§115.930, 115.932, 115.934, 115.940
STATUTORY AUTHORITY
The amendments are proposed under TWC, §5.103, which authorizes the
commission to adopt rules necessary to carry out its powers and duties under
TWC; Texas Health and Safety Code, TCAA, §382.017, which provides the
commission authority to adopt rules consistent with the policy and purposes
of TCAA; §382.002, which establishes the commission's purpose to safeguard
the state's air resources, consistent with the protection of public health,
general welfare, and physical property; §382.011, which authorizes the
commission to control the quality of the state's air; §382.012, which
authorizes the commission to develop plans to protect the state's air; and §382.016,
which authorizes the commission to require that records of the air contaminant
emissions from a source or activity be made and maintained.
The proposed amendments implement TCAA, §382.011, relating to General
Powers and Duties; §382.012, relating to State Air Control Plan; §382.017,
relating to Rules; and TWC, §5.103, relating to Rules.
§115.930.Compliance Dates.
For all counties affected by this chapter, the final compliance dates
for revisions to control requirements are given within the section relating
to counties and compliance schedules in each
division
[
§115.932.Control Plan Procedure.
Within 30 days of a request by the
executive director
[
(1) - (4)
(No change.)
§115.934.Control Plan Deviation.
No persons affected by §115.932 of this title (relating to Control
Plan Procedure) shall deviate from the terms of the control plans including
the date for final compliance and the dates for accomplishing the required
steps in such plans. The executive director may, upon application of any person
affected, change the date for accomplishing the required steps in a plan.
Any control plan that specifies a final compliance date subsequent to the
date specified by any sections of this
chapter
[
§115.940.Equivalency Determination.
Upon final adoption of any volatile organic compound program of general
applicability by
EPA
[
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 December 20, 2001.
TRD-200108161
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-4712
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to Subchapter A, Definitions, §116.10 and §116.18; and
Subchapter I, Electric Generating Facilities, §§116.910, 116.911,
116.913, 116.921, and 116.930. The commission proposes new §§116.770
- 116.772, 116.774 - 116.777, 116.779 - 116.781, 116.783, 116.785 - 116.788,
116.790, 116.793 - 116.802, and 116.804 - 116.807 in Subchapter H, Voluntary
Emission Reduction Permits; and new §§116.917, 116.918, 116.926,
and 116.928 in Subchapter I. All sections of Subchapter H and the new and
amended sections of Subchapter A and I are proposed to be submitted to the
United States Environmental Protection Agency (EPA) as a revision to the state
implementation plan (SIP).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
During the 75th Legislature, 1997, House Bill (HB) 3019 directed the commission
to develop a voluntary emissions reduction plan for the permitting of existing
significant sources. These existing significant sources are commonly known
as grandfathered facilities. A grandfathered facility is one that existed
at the time the legislature created the Texas Clean Air Act (TCAA) in 1971.
These facilities were not required to comply with (i.e., grandfathered from)
the then new requirement to obtain permits for construction or modifications
of facilities that emit air contaminants. If grandfathered facilities have
not been modified since 1971, they continue to be authorized to operate without
a permit. The intent of HB 3019 was to create a program that would encourage
the remaining grandfathered facilities to voluntarily obtain permits that
would reduce the emissions from those facilities. In response to HB 3019,
the commission created the Clean Air Responsibility Enterprise (CARE) Committee
to develop recommendations for the voluntary permitting of grandfathered facilities.
In 1999, the 76th Legislature used the CARE Committee's recommendation
as the basis for Senate Bill (SB) 766 which directed the commission to develop
rules containing incentives for the voluntary permitting of grandfathered
facilities. This program is known as the Voluntary Emission Reduction Permit
(VERP) program. The commission adopted rules to implement the VERP program
on December 16, 1999. Since the VERP rules became effective, the owners and
operators of a number of grandfathered facilities have taken advantage of
the incentives offered by the VERP program and submitted VERP applications
for their grandfathered facilities. Additionally, the owners and operators
of other grandfathered facilities have submitted permit-by-rule registrations
and other new source review permit applications to permit their grandfathered
facilities. The deadline to apply for a VERP was August 31, 2001.
Additionally, the 76th Legislature, 1999, amended the Texas Utilities Code,
Title 2, Public Utility Regulatory Act, Subtitle B, Electric Utilities, and
created a new Chapter 39, Restructuring of Electric Utility Industry by adopting
SB 7. Senate Bill 7 required the commission to implement the permitting and
allowance requirements of new Texas Utilities Code, §39.264, concerning
Emissions Reductions of "Grandfathered Facilities." Senate Bill 7 required
the commission to develop a mass cap and trade system to distribute emission
allowances for use by electric generating facilities (EGFs). Under SB 7, two
categories of EGFs are eligible to use the proposed trading system. The first
category consisted of EGFs in existence on January 1, 1999, which were not
subject to the requirement to obtain a permit under TCAA, §382.0518(g).
These facilities are commonly referred to as grandfathered facilities. Senate
Bill 7 also mandated that grandfathered EGFs apply for a permit on or before
September 1, 2000, and obtain a permit by, or cease operation after May 1,
2003. The second category of EGFs consisted of permitted EGFs that were not
subject to the permitting requirements of SB 7, yet elected to participate
in the allowance trading system.
Most recently, the 77th Legislature, 2001, amended the Texas Health and
Safety Code (THSC), TCAA to require that all grandfathered facilities obtain
permits. The mandatory permitting requirements of HB 2912 are the culmination
of legislative efforts, beginning in 1997, to permit or otherwise authorize
all grandfathered facilities. House Bill 2912 created four new types of permits
for grandfathered facilities: existing facility permits, small business stationary
source permits, EGF permits, and pipeline facility permits. House Bill 2912
also mandated the dates by which grandfathered facilities must apply for a
permit and have controls operational or submit a shutdown notice. Grandfathered
facilities that are addressed by an application for a VERP are not required
to comply with the provisions of HB 2912 for grandfathered facilities. However,
grandfathered facilities that withdraw their VERP applications and elect to
submit a permit application for an authorization under HB 2912 will forfeit
those incentives, including eligibility for amnesty from enforcement.
House Bill 2912 specifies certain requirements based upon the geographic
location of the grandfathered facility. Grandfathered facilities must submit
permit applications or notices of shutdown by September 1, 2003 for facilities
in East Texas; September 1, 2004 for facilities in West Texas; and for small
business stationary source permits, by September 1, 2004, irrespective of
the location of the facility. The commission is required to act on applications
by the first anniversary after receipt of an administratively complete application,
but allows the commission to grant a facility's request for a one-year extension,
for good cause.
Existing facility permits are available for all grandfathered facilities,
and require consideration of ten year old best available control technology
(BACT), considering the age and remaining useful life of the facility. Existing
facility flexible permits are also available for grandfathered facilities
and facilities permitted under a VERP, located at a single site. Small business
stationary source permits are available for sources defined as a small business
stationary source in TCAA, §382.0365(h) and which do not have to submit
emissions inventory information under TCAA, §382.014. Facilities eligible
for small business stationary source permits may not emit air contaminants
after March 1, 2008 if they do not have a permit or a pending application.
House Bill 2912 provides that gas-fired EGFs that were required to obtain
a permit under SB 7, or were exempt from the requirement to obtain a SB 7
permit, are considered permitted for all air contaminants. House Bill 2912
also provided that coal-fired EGFs that were required to obtain a permit under
SB 7 are considered permitted for nitrogen oxides (NO
x
), sulfur dioxide (SO
2
), and particulate
matter (PM) as it relates to opacity. House Bill 2912 further provides that
coal-fired EGFs are eligible for an EGF permit for the criteria pollutants
not addressed by the SB 7 permit. Additionally, TCAA, §382.05185 provides
for the permitting of: 1) generators that do not generate electric energy
for compensation and are not used more than 10% of the annual operating schedule;
and 2) auxiliary fossil-fuel-fired combustion facilities that do not generate
electric energy and do not emit more than 100 tons per year (tpy) of any air
contaminant.
Grandfathered reciprocating internal combustion engines that are part of
the processing, treating, compression, or pumping facilities connected to,
or part of, a gathering or transmission pipeline may apply for a pipeline
facilities permit. An applicant may apply for a single permit for all engines
connected to a pipeline or a separate permit for all discrete and separate
engines. Additionally, the commission must allow for mandatory emission reductions
to be achieved at either a single engine or by averaging reductions among
multiple engines connected to a pipeline. House Bill 2912 requires a 50% reduction
in NO
x
emissions at facilities located in East
Texas, and allows the commission to require up to a 50% reduction in volatile
organic compounds (VOC). For facilities located in West Texas, the commission
may require up to a 20% reduction in NO
x
and
VOC. If sources elect to average emissions to achieve the mandatory reductions,
they cannot include reductions made to comply with other state or federal
requirements. However, if a source does not average emissions to achieve the
mandatory reductions, they may include reductions made since January 1, 2001
to comply with other state or federal requirements.
Texas Clean Air Act, §382.05181(h) provides that applications for
pipeline facility permits, existing facility permits, existing facility flexible
permits, and EGF permits are subject to the public notice and hearing requirements
of TCAA, §382.05191. Texas Clean Air Act, §382.05191 provides that
public participation for initial issuance of a permit under TCAA, §§382.05183,
382.05185(c) or (d), 382.05186, or 382.0519 will be done in the manner of
TCAA, §382.0561, concerning Federal Operating Permit; Hearing, and TCAA, §382.0562,
concerning Notice of Decision. These sections allow for notice and comment
hearings instead of contested case hearings under Texas Government Code, Chapter
2001, and require the commission to send notice of final action to persons
who comment during the comment period or during a hearing. This is the same
process authorized for VERPs by SB 766.
Small business stationary source permits are not subject to these notice
and comment hearing procedures. Review and renewals of existing facility permits,
EGF permits, pipeline facility permits, and small business stationary source
permits will be conducted under the same procedures for preconstruction permits,
generally. Existing facility permits, EGF permits, pipeline facility permits,
and small business stationary source permits are subject to judicial review,
under TCAA, §382.032.
House Bill 2914, §78, 77th Legislature, 2001 created a new incentive
program to assist in retrofitting reciprocating internal combustion engines
associated with pipelines. The new TCAA, §382.051865, Reimbursement Program
for Certain Emissions Reductions from Reciprocating Internal Combustion Engines
Associated with Pipelines, provides that the commission may develop a program,
in cooperation with local governments, other agencies, and EPA to provide
incentives to owners or operators of reciprocating internal combustion engines
that are required to make a 50% reduction in NO
x
emissions under new TCAA, §382.05186, Pipeline Facilities Permits.
House Bill 2914, §78 also established an Emissions Reductions Incentives
Account within the Clean Air Account No. 151. The section establishes guidelines
for how any money deposited into this account is to be distributed to owners
or operators making reductions in NO
x
emissions
from grandfathered reciprocating internal combustion engines associated with
pipelines. House Bill 2914 provides for a partial reimbursement for the capital
cost of installing technology to reduce emissions that meet certain criteria.
To implement these revisions, the commission is proposing new §116.776,
Distribution of Funds from the Emissions Reductions Incentives Account for
Control of Emissions from Grandfathered Reciprocating Internal Combustion
Engines Located in the East Texas Region, in Subchapter H. The proposed section
identifies the facilities which are eligible for a partial reimbursement for
the cost of controls. The proposed rules also contain the criteria the commission
will consider in determining who will receive money from the account and how
much money a particular facility will receive. In order to be eligible for
reimbursement under this program, the owner or operator of a grandfathered
reciprocating internal combustion engine must make a 50% reduction in actual
emissions of NO
x
as compared to the emissions
reported for the facility in the 1997 industrial point source emissions inventory.
The commission believes that an actual reduction in emissions should be necessary
to receive reimbursement in order to assure that air quality benefits will
be achieved under this incentive program. Another criteria for reimbursement
is the requirement to obtain a pipeline facilities permit or replace the grandfathered
engine with an electric engine. This implements the HB 2914 requirement that
limits reimbursement to facilities required to achieve a 50% reduction in
NO
x
emissions. Facilities that obtain pipeline
facility permits are the only facilities required to achieve a 50% reduction
in NO
x
emissions and the replacement of grandfathered
engines with electric engines will eliminate that source of NO
x
emissions. A pipeline facility permit must be issued prior to a request
for distribution under the program, and emission controls identified in the
permit must be operating prior to a distribution from the account to enable
the commission to process applications for reimbursement and provide for a
control check prior to distribution of funds. The commission further identified
the following criteria for distribution: location of the facility, percentage
of reduction in the hourly emissions of NO
x
,
cost effectiveness of the controls, and when the reductions are actually achieved
and the request for reimbursement is received. These criteria will provide
incentives to ensure that reimbursements for emission reductions are prioritized
for those reductions that occur in areas of the state where those reductions
will be beneficial, for projects that achieve the highest percentage reductions
first, are most cost effective, and for projects that occur early. Weighting
the criteria to provide for larger, cost effective, earlier reductions considering
the area of the state where the reduction is proposed will maximize the air
quality benefits for the state. The commission will issue guidance concerning
the implementation of the reimbursement program.
Currently, the proposal contains language allowing the commission to delegate
to the executive director the authority to take action on permit applications
for grandfathered facilities. The commission solicits comment on the proposal
to delegate to the executive director the authority to take any action on
these grandfathered facility permits, and also to make decisions regarding
the implementation and administration of the permitting program, generally.
To implement these revisions to the TCAA, the commission is proposing new
and amended rules in Chapter 116, Subchapter A, Definitions; Subchapter H,
Voluntary Emission Reduction Permits; and Subchapter I, Electric Generating
Facilities. Additionally, revisions to 30 TAC Chapter 39, Public Notice, are
necessary to implement the provisions of HB 2912. The proposed amendments
to Chapter 39 will be published in a later issue of the
Texas Register
. The commission was unable to open the necessary sections
of Chapter 39 until those sections were officially closed in another rulemaking
action.
SECTION BY SECTION DISCUSSION
Subchapter A, Definitions
The proposed amendment to §116.10, General Definitions, revises the
definition of "grandfathered facility" to be consistent with TCAA, §382.0518(g).
The revised definition clarifies that a grandfathered facility is one that
is not a new facility, was constructed prior to August 30, 1971 (or no construction
contract was executed on or before August 30, 1971 that specified a beginning
construction date on or before February 29, 1972) and has not been modified
since August 30, 1971.
The proposed amendments to §116.18, Electric Generating Facility Permits
Definitions, adds a definition for "natural gas-fired electric generating
facility" for consistency with the EGF permit requirements of HB 2912. House
Bill 2912, in §382.05185(i), provides that a natural gas-fired EGF includes
a facility that was designed to burn either natural gas or fuel oil of a grade
approved by commission rule. It is the commission's position that "designed
to burn" in this case means that all of the necessary equipment (including
fuel oil tanks, fuel lines, atomizers, and pre-heaters if necessary) were
constructed and maintained as part of the grandfathered EGF. Any construction
or modification necessary to allow an EGF to burn fuel oil will be required
to comply with the requirements of Subchapter B, New Source Review Permits,
before beginning the construction.
The commission is conducting a modeling analysis of grandfathered EGFs
with the potential to burn fuel oil. The commission modeled all grandfathered
gas-fired EGFs in all areas of the state. The commission looked at the maximum
short-term emission rate for each compound associated with burning fuel oil.
This approach is conservative because not all grandfathered gas-fired EGFs
are designed to burn fuel oil, and they will not all be firing at the maximum
firing rate at the same time. The commission first looked at firing fuel oil
of American Society for Testing and Materials (ASTM) grade number 2 with a
sulfur content of 0.3% by weight or less. Using the conservative approach
outlined above with ASTM grade number 2 fuel oil and a sulfur content of no
more than 0.3% by weight, compound-specific maximum predicted ground level
concentrations were compared to the respective Effects Screening Levels (ESLs),
or relevant air standards. All concentrations were below ESLs or standards,
with the exception of the state SO
2
30-minute
standard. One site was identified as potentially exceeding the state SO
The proposed amendments also add a definition for "normal annual operating
schedule." This definition is needed to establish the normal annual operating
schedule at an EGF site. The normal annual operating schedule is needed to
determine if a generator that the owner or operator is seeking to permit under
an EGF permit is used not more than 10% of the normal annual operating schedule
as required by TCAA, §382.05185(d)(1).
Subchapter H, Voluntary Emission Reduction Permits
The proposed amendments to Subchapter H include changing the subchapter
title from "Voluntary Emission Reduction Permits" to "Permits for Grandfathered
Facilities" in order to correctly reflect the modified content of the subchapter.
The subchapter is proposed to be divided into four divisions. The existing
sections of the subchapter would be placed into Division 4, Voluntary Emission
Reduction Permits. Division 1, General Applicability; Division 2, Small Business
Stationary Source Permits, Pipeline Facility Permits, and Existing Facility
Permits; and Division 3, Existing Facility Flexible Permits are new sections
of Subchapter H proposed to implement and administer the requirements of HB
2912 and HB 2914.
Division 1, General Applicability
Proposed new §116.770, Requirements to Apply, contains the deadlines
by which the owner or operator of a grandfathered facility must apply for
a permit to operate that facility under Chapter 116, qualify for a permit
by rule under 30 TAC Chapter 106, or submit a notice of shutdown. As required
by HB 2912, a permit application or notice of shutdown must be submitted before
September 1, 2003, for facilities located in the East Texas region and before
September 1, 2004, for facilities located in the West Texas region and El
Paso County. House Bill 2912 defines the East Texas region as all counties
traversed by or east of Interstate Highway 35 North of San Antonio or traversed
by or east of Interstate Highway 37 South of San Antonio, including Bexar,
Bosque, Coryell, Hood, Parker, Somervell, and Wise Counties. The West Texas
region is then defined as all counties not contained in the East Texas region.
This definition is slightly different from the definition created by SB 7
in that the SB 7 definition for West Texas region does not include El Paso
County. Therefore, rather than create a new definition, the commission will
use the language, "West Texas Region as defined in §101.330 of this title
(relating to Definitions) and El Paso County" in place of the West Texas region
as defined by HB 2912.
Proposed new §116.771, Implementation Schedule for Additional Controls,
explains the implementation schedule to be contained in a permit if the installation
of additional controls is required for a grandfathered facility to meet an
emissions limit for a pollutant. As required by HB 2912, installation of required
controls must be completed before March 1, 2007, for facilities located in
the East Texas region and before March 1, 2008, for facilities located in
the West Texas region and El Paso County.
Consistent with TCAA, §382.05182, Notice of Shutdown, proposed new §116.772,
Notice of Shutdown, establishes the procedures for submitting a notice of
shutdown in lieu of obtaining a permit for a grandfathered facility, and the
deadlines by which a grandfathered facility shutting down must cease emitting
air contaminants. Facilities for which the owner or operator submits a notice
of shutdown by the application deadlines contained in §116.770 may continue
to operate until March 1, 2007, if the facility is located in the East Texas
region or March 1, 2008, if the facility is located in the West Texas region
or El Paso County. Facilities that have been shut down and for which a notice
of shutdown has been submitted must obtain authorization under Chapter 116
or Chapter 106 prior to restarting operations. In order to enable the commission
to keep better track of facilities which are shut down, the notice of shutdown
will be required to include, at a minimum, an identification of the facility
being shut down, the date the facility intends to cease operating, and an
inventory of the type and amount of emissions that will be eliminated.
Division 2, Small Business Stationary Source Permits,
Pipeline Facilities Permits, and Existing Facility Permits
Proposed new §116.774, Eligibility for Small Business Stationary Source
Permits, states the facilities which are eligible for a small business stationary
source permit in accordance with TCAA, §382.05184. Only the owners or
operators of facilities located at small business stationary sources as defined
by TCAA, §382.0365(h), and which are not required by TCAA, §382.014
to submit emissions inventories to the commission may apply for a small business
stationary source permit, and the application must be made before September
1, 2004. The proposed section specifies that any grandfathered facility, including
any facility for which the owner or operator has submitted a notice of shutdown
under proposed §116.772, located at a small business stationary source
may not emit air contaminants on or after March 1, 2008, unless the facility
is permitted or has a pending permit application under Chapter 116, or a pending
registration for a permit by rule under Chapter 106. The proposed section
also requires an application for a small business stationary source permit
to be submitted under the seal of a Texas licensed professional engineer,
if required by §116.110(e), and states that the facility's owner or operator
is responsible for applying for the permit and complying with the subchapter.
Proposed new §116.775, Eligibility for Pipeline Facilities Permits,
states the facilities which are eligible for a pipeline facilities permit
in accordance with TCAA, §382.05186. The owner or operator of a grandfathered
reciprocating internal combustion engine or group of engines that are part
of processing, treating, compression, or pumping facilities connected to or
part of a gathering or transmission pipeline may apply for a pipeline facilities
permit. The proposed section also requires an application for a pipeline facilities
permit to be submitted under the seal of a Texas licensed professional engineer,
if required by §116.110(e), and states that the facility's owner or operator
is responsible for applying for the permit and complying with the subchapter.
The proposed section allows the owner or operator of more than one grandfathered
reciprocating internal combustion engine to apply for a pipeline facilities
permit for a single grandfathered engine or for all grandfathered engines
connected to or part of a gathering or transmission pipeline.
Proposed new §116.776, Distribution of Funds from the Emissions Reductions
Incentives Account for Control of Emissions from Grandfathered Reciprocating
Engines Located in the East Texas Region, implements the requirements of HB
2914, §78 to establish procedures and criteria for reimbursement to owners
or operators for the partial cost of installing controls to reduce emissions
from grandfathered reciprocating internal combustion engines at facilities
associated with pipelines. The proposed section establishes which facilities
will be eligible for reimbursement, the limitations on reimbursement, and
the criteria for distribution. Although HB 2912 limits reimbursement to the
owners or operators of those facilities required to reduce emissions of NO
Proposed new §116.777, Eligibility for Existing Facility Permits,
states the facilities which are eligible for an existing facility permit in
accordance with TCAA, §382.05183. The owner or operator of any grandfathered
facility may apply for an existing facility permit. The proposed section also
requires an application for an existing facility permit to be submitted under
the seal of a Texas licensed professional engineer, if required by §116.110(e),
and states that the facility's owner or operator is responsible for applying
for the permit and complying with the subchapter.
Proposed new §116.779, Applications for Small Business Stationary
Source Permits, Pipeline Facilities Permits, or Existing Facility Permits,
specifies the application requirements and demonstrations which must be met
in order for a facility to be granted a small business stationary source permit,
pipeline facilities permit, or existing facility permit. These requirements
are consistent with the requirements for other permits issued under Chapter
116.
The proposed new §116.779(a)(1) provides that the emissions from the
facility must comply with the rules and regulations of the commission, including
the protection of the health and physical property of the people. The commission
may not issue a permit for a grandfathered facility if it finds that the emissions
from the grandfathered facility will not be protective of public health and
property. The requirement to protect physical health and property is also
included in the proposed §116.794(1), concerning existing facility flexible
permits and the proposed §116.917(a)(1), concerning permits for certain
grandfathered coal-fired EGFs and certain grandfathered facilities located
at EGF sites. In order to assure that permits are protective of public health
and property, the commission will conduct an appropriate health effects review
for each permit application for a grandfathered facility. Details of what
the review will entail will be developed and provided in a guidance document.
This guidance document will be published at a later date. The permit may also
have provisions for the measurement of air contaminants, including installation
of sampling ports and sampling platforms.
In order to be consistent with the current review process for permits and
applicable federal requirements, §§116.779, 116.794, and 116.917
would require the owner or operator of a grandfathered facility applying for
a small business stationary source permit, pipeline facilities permit, existing
facility permit, existing facility flexible permit, or EGF permit to be able
to demonstrate that they meet applicable federal New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP).
Facilities must be able to meet performance standards specified in the application
and may be required to provide information that demonstrates ongoing compliance
after the permit is issued. If applicable, facilities would be required to
comply with Prevention of Significant Deterioration (PSD) and nonattainment
review as specified in Chapter 116, Subchapter B. Since grandfathered facilities
must comply with federal requirements, if applicable, it is appropriate to
ensure that these facilities are in compliance with federal requirements in
the process of reviewing applications. These sections also require the facility
to submit air dispersion modeling if a more refined health effects review
is required. Finally, these sections require the application to identify each
grandfathered facility to be included in the permit, identify the air contaminants
emitted, and provide emission rate calculations.
Proposed §116.779(b) specifies additional requirements with which
applicants for a pipeline facilities permit would have to comply. In accordance
with TCAA, §382.05186(e), facilities located in the East Texas region
would be required to demonstrate that each engine will achieve at least a
50% reduction of the hourly emissions rate of NO
x
,
expressed in terms of grams per brake horsepower-hour (g/hp-hr), and may also
be required to demonstrate a 50% reduction of the hourly emissions rate of
VOC, expressed in terms of g/hp-hr. Consistent with TCAA, §382.05186(f),
the proposed section also states that the commission shall require up to a
20% reduction in hourly emissions rate of NO
x
and VOC, expressed in terms of g/hp-hr, for facilities located in the West
Texas region or El Paso County. In accordance with TCAA, §382.05186(b),
the proposed section allows the owner or operator of more than one grandfathered
reciprocating internal combustion engine to average the reductions achieved
among more than one engine connected to or part of a gathering or transmission
pipeline in order to demonstrate the required reductions or to demonstrate
that the required reductions will be achieved at each individual facility.
Consistent with TCAA, §382.05186(c) and (d), the proposed section states
that, if the owner or operator chooses to average among engines located in
both the East and West Texas regions or El Paso County, the owner or operator
must demonstrate that the sum of the reductions achieved from all of the engines
located in the East Texas region will achieve the 50% reduction required for
facilities located in the East Texas region. If the emission reductions required
by this proposed subsection will be achieved by averaging reductions, the
proposal also states that the average may not include emission reductions
achieved in order to comply with any other state or federal law. If the emission
reductions required by this proposed subsection will be achieved at one account,
the proposal allows the reduction to include emission reductions achieved
since January 1, 2001 in order to comply with another state or federal law.
Proposed §116.779(c) specifies additional requirements with which
applicants for a existing facility permit would have to comply. In accordance
with TCAA, §382.05183(b), applicants for existing facility permits would
have to propose an air pollution control method that is at least as beneficial
as the BACT that the commission required or would have required for a facility
of the same class or type as a condition of issuing a permit or permit amendment
120 months before the submittal of the existing facility permit application,
considering the age and remaining useful life of the facility, and identify
the date by which the control method would be implemented.
Proposed new §116.780, Public Participation for Initial Issuance of
Pipeline Facilities Permits and Existing Facility Permits, requires that an
applicant for a pipeline facilities permit or an existing facility permit
publish notice of intent to obtain a permit in accordance with Chapter 39,
Subchapters H and K. The proposed section establishes that any person who
may be affected by emissions from the grandfathered facility seeking a permit
may request that the commission hold a notice and comment hearing on the permit
application. The proposed section states that any hearing request must be
submitted during the 30-day comment period, which ends 30 days after publication
of the notice of intent. The proposed section specifies the procedures and
requirements for the hearing and the rights of affected persons. In accordance
with TCAA, §382.05181, small business stationary source permits are not
subject to these notice and comment hearing procedures.
Proposed new §116.781, Notice and Comment Hearings for Initial Issuance
of Pipeline Facilities Permits and Existing Facility Permits, specifies the
applicability of the hearing requirements in the section, the responsibilities
of the commission in determining whether or not to hold a hearing, the applicant's
responsibilities if a hearing is to be held, and the requirements regarding
submission of oral or written statements and data concerning a draft permit.
Texas Clean Air Act, §382.05181(h) provides that applications for pipeline
facility permits, existing facility permits, existing facility flexible permits,
and EGF permits are subject to the public notice and hearing requirements
of TCAA, §382.05191. Texas Clean Air Act, §382.05191 provides that
public participation for initial issuance of a permit under TCAA, §§382.05183,
382.05185(c) or (d), 382.05186, or 382.0519 will be done in the manner of
TCAA, §382.0561, concerning Federal Operating Permit; Hearing, and §382.0562,
concerning Notice of Decision. These sections allow for notice and comment
hearings instead of contested case hearings under Texas Government Code, Chapter
2001, and require the commission to send notice of final action to persons
who comment during the comment period or during a hearing.
Proposed new §116.783, Notice of Final Action on Pipeline Facilities
Permit Applications and Existing Facility Permit Applications, specifies the
commission's responsibilities for sending notice of the final action on an
application for a pipeline facilities permit or an existing facility permit,
and the information that the commission must include in the notice. The proposed
section will require the commission to individually notify persons who commented
during the public comment period or at a permit hearing, of the final action
of the commission. The notice must be sent by first-class mail to the commenters
and to the applicant. The notice must include the response to comments, the
identification of any changes in the permit, and a statement that any person
affected by the decision of the commission may petition for rehearing and
for judicial review.
Proposed new §116.785, Permit Fee, establishes a permit fee of $450
for persons applying for a permit under Subchapter H, Division 1, unless the
facility is a small business stationary source, as defined by TCAA, §382.0365(h),
then the fee will be $100. These fees will allow the commission to partially
offset the cost of processing the applications. The proposed section also
establishes requirements for payment and return of fees. Texas Clean Air Act, §382.062
authorizes the commission to establish fees for permits.
Proposed new §116.786, General and Special Conditions, will allow
the commission to include general and special conditions in the permits issued
under Subchapter H, Division 2, and requires that permit holders comply with
any and all general and special conditions that the permit may contain. The
proposed section also lists the general conditions permit holders are subject
to, regardless of whether they are specifically stated within the permit document.
These requirements are consistent with the requirements for other permits
issued under Chapter 116.
Proposed new §116.787, Amendments and Alterations of Permits Issued
Under this Division, specifies that owners or operators planning the modifications
of a facility permitted under Chapter 116, Subchapter H, Division 2, must
comply with the requirements of Subchapter B, New Source Review Permits, before
beginning the construction of the modification. The proposed section also
states that amendments and alterations of permits issued under Subchapter
H, Division 2, are subject to the requirements of Subchapter B.
Proposed new §116.788, Renewal of Permits Issued Under this Division,
implements TCAA, §382.055 and the changes to §382.05192 to require
that small business stationary source permits, pipeline facilities permits,
and existing facility permits be renewed in accordance with Chapter 116, Subchapter
D, Permit Renewals.
In accordance with the commission's authority under Texas Water Code (TWC), §5.122,
proposed new §116.790, Delegation, allows the commission to delegate
to the executive director the authority to take any action on a permit issued
under Subchapter H, Division 2.
Division 3, Existing Facility Flexible Permits
Proposed new §116.793, Eligibility for Existing Facility Flexible
Permits, identifies the conditions under which a grandfathered facility or
group of grandfathered facilities is eligible for an existing facility flexible
permit in accordance with TCAA, §382.05183(c). Consistent with §382.05183(c),
the proposed section also allows facilities permitted under §382.0519
to be included in the existing facility flexible permit. The proposed section
requires an application for an existing facility flexible permit to be submitted
under the seal of a Texas licensed professional engineer, if required by §116.110(e).
The proposed section also requires specific actions by owners or operators
of facilities covered by an existing facility flexible permit for changes
of ownership. The proposed section specifies that the facility's owner or
operator is responsible for applying for the permit and complying with the
subchapter, except after a change of ownership as explained in the section.
Proposed new §116.794, Existing Facility Flexible Permit Application,
specifies the application requirements and demonstrations which must be met
in order for a facility to be granted an existing facility flexible permit.
These requirements are consistent with current flexible permit requirements,
except for the required level of control. The level of control required by
the proposed section, consistent with the requirement of TCAA, §382.05183,
is at least as beneficial as ten year old BACT, considering the age and remaining
useful life of the facility.
Proposed new §116.795, Public Participation for Initial Issuance of
Existing Facility Flexible Permits, requires that an applicant for an existing
facility flexible permit publish notice of intent to obtain a permit in accordance
with Chapter 39, Subchapters H and K. The proposed section establishes that
any person who may be affected by emissions from the grandfathered facility
seeking a permit may request that the commission hold a notice and comment
hearing on the permit application. The proposed section states that any hearing
request must be submitted during the 30-day comment period, which ends 30
days after publication of the notice of intent. The proposed section specifies
the procedures and requirements for the hearing and the rights of affected
persons.
Proposed new §116.796, Notice and Comment Hearings for Initial Issuance
of Existing Facility Flexible Permits, specifies the applicability of the
hearing requirements in the section, the responsibilities of the commission
in determining whether or not to hold a hearing, the applicant's responsibilities
if a hearing is to be held, and the requirements regarding submission of oral
or written statements and data concerning a draft permit. Texas Clean Air
Act, §382.05181(h) provides that applications for pipeline facility permits,
existing facility permits, existing facility flexible permits, and EGF permits
are subject to the public notice and hearing requirements of §382.05191.
Texas Clean Air Act, §382.05191 provides that public participation for
initial issuance of a permit under §§382.05183, 382.05185(c) or
(d), 382.05186, or 382.0519 will be done in the manner of TCAA, §382.0561,
concerning Federal Operating Permit; Hearing, and §382.0562, concerning
Notice of Decision. These sections allow for notice and comment hearings instead
of contested case hearings under Texas Government Code, Chapter 2001, and
require the commission to send notice of final action to persons who comment
during the comment period or during a hearing.
Proposed new §116.797, Notice of Final Action on Existing Facility
Flexible Permit Applications, specifies the commission's responsibilities
for sending notice of the final action on an application for an existing facility
flexible permit, and the information that the commission must be include in
the notice. The proposed section will require the commission to individually
notify persons who commented during the public comment period or at a permit
hearing, of the final action of the commission. The notice must be sent by
first-class mail to the commenters and to the applicant. The notice must include
the response to comments, the identification of any changes in the permit,
and a statement that any person affected by the decision of the commission
may petition for rehearing and for judicial review.
Proposed new §116.798, Permit Fee, establishes a permit fee of $450
for persons applying for a permit under Subchapter H, Division 3, unless the
facility is a small business stationary source facility, as defined by TCAA, §382.0365(h),
then the fee would be $100. These fees will allow the commission to partially
offset the cost of processing the applications. The proposed section also
establishes requirements for payment and return of fees. Texas Clean Air Act, §382.062
authorizes the commission to establish fees for permits.
Proposed new §116.799, General and Special Conditions, requires that
permit holders comply with any and all general and special conditions that
the existing facility flexible permit may contain. The proposed section states
that upon a specific finding by the executive director that an increase of
a particular air contaminant could result in a significant impact on the air
environment, or could cause the facility, group of facilities, or account
to become subject to review under §116.150 and §116.151 and §§116.160
- 116.163 (relating to Nonattainment Review or Prevention of Significant Deterioration
Review), or Subchapter C of Chapter 116 (relating to Hazardous Air Pollutants:
Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g),
40 CFR Part 63), the permit may include a special condition which requires
the permittee to obtain written approval from the executive director before
constructing a facility under a standard permit or a permit by rule under
Chapter 106. Additionally, the proposed section specifies that a pollutant
specific emission cap or multiple emission caps and/or individual emission
limitations shall be established for each air contaminant for all facilities
authorized by the permit. The proposed section also lists the general conditions
applicable to every existing facility flexible permit and states that there
may be additional special conditions attached to an existing facility flexible
permit upon issuance or amendment of the permit that may be more restrictive
than the requirements of the section. These requirements are consistent with
the requirements for flexible permits issued under Subchapter G of this chapter.
Proposed new §116.800, Emission Caps and Individual Emission Limitations,
specifies the criteria for establishing the emission cap for a specific pollutant
and the criteria for establishing an individual emission limitation for a
pollutant. The proposed section also specifies the requirements for readjustment
of the emission cap when a facility is shut down, a new facility is brought
into the permit, or a facility becomes subject to any new state or federal
regulation which would lower emissions or require an emissions reduction.
These requirements are consistent with the requirements for flexible permits
issued under Subchapter G of this chapter, except that there is not an insignificant
emission factor specified for grandfathered facilities. The commission does
not believe that an insignificant emission factor would be necessary or appropriate
for grandfathered facilities, since use of the ten year old BACT control method
will provide sufficient flexibility for these facilities.
Proposed new §116.801, Implementation Schedule for Additional Controls,
explains the implementation schedule to be contained in a permit if the installation
of additional controls is required for a grandfathered facility to meet an
emission cap for an air contaminant. As required by TCAA, §382.05181,
installation of required controls must be completed before March 1, 2007,
for facilities located in the East Texas region, and before March 1, 2008,
for facilities located in the West Texas region or El Paso County. The proposed
section also specifies how the emission cap will be adjusted if such a facility
is taken out of service or fails to install the additional control equipment
as provided by the implementation schedule in the permit.
Proposed new §116.802, Significant Emission Increase, defines when
an increase in emissions from operational or physical changes at an existing
facility covered by an existing facility flexible permit will be considered
insignificant for the purposes of state new source review under Subchapter
H of this chapter, and will not require a permit amendment. The proposed section
states that any increase in emissions from a new facility or emissions of
an air contaminant not previously emitted by an existing facility will require
a permit amendment.
Proposed new §116.804, Limitation on Physical and Operational Changes,
states that neither operational nor physical changes at an account may result
in an increase in actual emissions at facilities not covered by the existing
facility flexible permit unless those affected facilities are authorized in
accordance with §116.110, Applicability.
Proposed new §116.805, Amendments and Alterations for Existing Facility
Flexible Permits, specifies that amendments and alterations for existing facility
flexible permits are subject to the requirements of Subchapter B.
Proposed new §116.806, Existing Facility Flexible Permit Renewal,
states that existing facility flexible permits will be renewed in accordance
with the requirements of Subchapter D, Permit Renewals, consistent with the
permit requirements of Chapter 116.
Proposed new §116.807, Delegation, is necessary to allow the commission
to delegate to the executive director the authority to take any action on
a permit issued under Subchapter H, Division 3 consistent with the authority
of the TWC, §5.122. This delegation will allow for efficient processing
of permit applications.
With the addition of three new divisions to this subchapter, the existing
requirements for VERPs have been placed under a new Division 4. There have
been no changes to the requirements for VERPs.
Subchapter I, Electric Generating Facility Permits
The proposed amendments to Subchapter I would implement the portions of
TCAA, §382.05185 which create a new EGF permit. The EGF permit will allow
the owners or operators of EGFs who have already applied for a permit required
by SB 7, 76th Legislature to apply for a permit for: 1) generators that do
not generate electric energy for compensation and are not used more than 10%
of the annual operating schedule; and 2) auxiliary fossil-fuel-fired combustion
facilities that do not generate electric energy and do not emit more than
100 tpy of any air contaminant. The proposed changes will also allow coal-fired
EGFs which were required to apply for a permit under SB 7, 76th Legislature
to apply for an EGF permit for criteria pollutants other than NO
x
, SO
2
, and PM as it relates to opacity.
In addition, the amendments to Subchapter I provide that gas-fired EGFs which
were required to be permitted under SB 7, 76th Legislature or were exempt
from the requirement to apply for such a permit are considered permitted for
all air contaminants.
The proposed amendments to §116.910, Applicability, allow the owners
or operators of EGFs who have already applied for a permit required by SB
7, 76th Legislature to apply for an EGF permit for certain auxiliary generators
or other combustion equipment. The proposed amendments delete the old subsection
(e) as unnecessary since this section deals with applicability and the pollutants
covered by the permit are identified in §116.119 and the permit document
itself. The changes proposed in subsection (f) clarify that EGFs generating
electric energy primarily for internal use are not required to obtain a permit
under this subchapter. However, since these internal use generators are grandfathered, §382.05181,
as codified in §116.770, requires that the owners or operators obtain
authorization from the commission. The facility must obtain a permit under
either Chapter 116, or qualify for a permit by rule under Chapter 106.
The proposed amendments to §116.911, Electric Generating Facility
Permit Application, first clarify that gas-fired EGFs which were required
to be permitted under SB 7, 76th Legislature or were exempt from the requirement
to apply for such a permit are considered permitted under the TCAA for all
air contaminants. The proposed additions to this section also allow the owners
or operators of EGFs who have already applied for a permit required by SB
7, 76th Legislature to apply for a permit for generators that do not generate
electricity for compensation and are not used more than 10% of the normal
operating schedule, or for other combustion equipment that does not generate
electric energy and does not emit more than 100 tpy of any air contaminant.
The proposed amendments to this section allow coal-fired EGFs which were required
to apply for a permit under SB 7, 76th Legislature to apply for an EGF permit
for criteria pollutants other than NO
x
, SO
The proposed amendments to §116.913, General and Special Conditions,
update the conditions of any permit issued under this subchapter, including
the pollutants or allowances that may be authorized for each permit and the
requirements of the SB 7 allowance trading program for the additional equipment
which may be permitted under this subchapter. Paragraph (2) under this section
is being deleted as it is no longer necessary because HB 2912 either considers
these additional air contaminants already permitted for gas-fired EGFs which
have obtained or applied for a permit under SB 7, or provides for the permitting
of the additional criteria pollutants for coal-fired EGFs which have obtained
or applied for a SB 7 permit. Subsequent paragraphs have been renumbered.
Permits for certain grandfathered coal-fired EGFs and certain grandfathered
facilities located at EGF sites authorized under §116.917 will contain
additional general and special conditions, as identified in §116.918.
The proposed new §116.917, Electric Generating Facility Permit Application
for Certain Grandfathered Coal-Fired Electric Generating Facilities and Certain
Grandfathered Facilities Located at Electric Generating Facility Sites, outlines
the application requirements for grandfathered coal-fired EGFs which choose
to permit their additional criteria pollutants, and the auxiliary generators
and the additional combustion equipment which can now be permitted under this
subchapter. In order to be consistent with the current review process for
permits and applicable federal requirements, §116.917 would require the
owner or operator of a grandfathered facility applying for an EGF permit to
be able to demonstrate that they meet applicable federal NSPS and NESHAP.
Facilities must be able to meet performance standards specified in the application
and may be required to provide information that demonstrates ongoing compliance
after the permit is issued. If applicable, facilities would be required to
comply with PSD and nonattainment review as specified in Chapter 116, Subchapter
B. Since grandfathered facilities must comply with federal requirements, if
applicable, it is appropriate to ensure that these facilities are in compliance
with federal requirements in the process of reviewing applications. These
sections also require the facility to submit air dispersion modeling if a
more refined health effects review is required. Finally, these sections require
the application to identify each grandfathered facility to be included in
the permit, identify the air contaminants emitted, and provide emission rate
calculations.
The proposed new §116.918, Additional General and Special Conditions
for Grandfathered Coal-Fired Electric Generating Facilities and Certain Grandfathered
Facilities Located at Electric Generating Facility Sites, identifies some
of the general and special conditions which may be included in any permit
issued under the proposed §116.917, and states that there may be additional
special conditions attached to a permit upon issuance or amendment of the
permit that may be more restrictive than the requirements of the section.
Additional general and special conditions are required by §116.913. Permit
holders are required to comply with any and all general and special conditions
that the permit may contain. These requirements are consistent with the requirements
for permits issued under Chapter 116.
The proposed amendments to §116.921, Notice and Comment Hearings for
Initial Issuance, are necessary to include the auxiliary generators and additional
combustion equipment described in proposed §116.911(f), which are proposed
to be permitted under this subchapter, as facilities subject to the notice
and hearing requirements of this section. These changes implement the requirement
contained in TCAA, §382.05191.
The proposed new §116.926, Permit Fee, is necessary to allow the commission
to collect application fees for any permits issued in accordance with §116.917.
These fees will allow the commission to partially offset the cost of processing
the applications. Texas Clean Air Act, §382.062 authorizes the commission
to establish fees for permits.
The proposed new §116.928, Delegation, is necessary to allow the commission
to delegate to the executive director the authority to take any action on
a permit issued under this subchapter, consistent with the authority of the
TWC, §5.122. This delegation will allow for efficient processing of permit
applications.
The proposed amendments to §116.930, Modifications, include a revision
of the section title to "Amendments and Alterations of Permits Issued Under
this Subchapter." The proposed amendments are intended to clarify that the
owner or operator of a facility with a permit issued under this subchapter
must comply with the requirements of Subchapter B prior to beginning the construction
of the modification, and that any required alteration or amendment will follow
the procedures contained in Subchapter B.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
John Davis, Technical Specialist with Strategic Planning and Appropriations,
has determined that for the first five-year period the proposed amendments
are in effect, there will be fiscal implications, which may be significant,
for certain units of state and local government including institutions of
higher education that operate grandfathered equipment that will be required
to obtain permits created by this rulemaking. For those affected units of
government that are required to obtain permits, there will be permit development,
permit application, public notice, and pollution control device installation
costs. The overall cost to these facilities will depend on the types of emissions,
the specific processes involved, and the control methodologies employed for
emission reductions.
The State of Texas began permitting new and modified sources of air pollutants
in 1971. Sources built before the permitting rules became effective were not
required to obtain permits for air emissions as long as they were not modified.
These sources are known as grandfathered sources.
The proposed amendments implement certain provisions of HB 2912 and HB
2914, 77th Legislature, 2001. Provisions in HB 2912 require grandfathered
air emission facilities to obtain a permit under this chapter or qualify for
a permit by rule under Chapter 106.
House Bill 2912 creates four new types of permits for grandfathered facilities:
existing facility permits, EGF permits, pipeline facility permits, and small
business stationary source permits. Provisions in HB 2914 establish an account
called the Emissions Reductions Incentives Account and allow the commission
to use money in the account to provide partial reimbursement to certain pipeline
operations to install pollution control equipment.
The proposed amendments require grandfathered air emission facilities owned
or operated by units of government to obtain one of the four newly created
permits. It is anticipated that these facilities will apply for either an
existing facility permit or a pipeline facility permit as they would not be
eligible for a small business stationary source permit and gas-fired grandfathered
EGFs that have applied for or are exempt from current permitting provisions
are now considered permitted for all air contaminants, in accordance with
SB 7, 76th Legislature, 1999. There may be auxiliary generators or other combustion
equipment located at city-owned facilities that will have to obtain an EGF
permit.
All grandfathered facilities owned or operated by units of state or local
government would be eligible to apply for an existing facility permit. Examples
of grandfathered facilities include oil/coal/wood/gas-fired boilers; process
heaters; kilns; gas turbines; duct burners; flares; storage tanks; connections
and valves used in piping located at oil and gas production, processing, and
transmission; chemical processing; electricity generation; metal manufacturing;
general manufacturing; and oil refining operations. The existing facility
permit would require a facility to use an air pollution control method at
least as beneficial as ten year old BACT. The commission does not require
any particular pollution control method to comply with this rulemaking. Examples
of control methods that could be used include low NO
x
burners and flue gas recirculation for boilers and heaters, leak
detection and repair programs for piping components, and combustion modifications
for engines. House Bill 2912 mandated the dates by which all grandfathered
facilities must apply for a permit and have controls operational, or shut
down.
In addition to existing facility permits, some facilities would be eligible
to obtain a pipeline facility permit. This permit would require reciprocating
internal combustion engines used in pipeline operations to achieve a 50% reduction
in NO
x
and up to a 50% reduction in VOC for sites
in East Texas, and up to a 20% reduction in NO
x
and VOC at sites in West Texas. Some units of state or local government own
grandfathered reciprocating internal combustion engines.
Compliance deadlines for the new permits depend on whether the facility
is located in East or West Texas. The East Texas region includes all counties
traversed by or east of Interstate Highway 35 north of San Antonio or traversed
by or east of Interstate Highway 37 south of San Antonio, and also including
Bexar, Bosque, Coryell, Hood, Parker, Somervell, and Wise Counties. All other
counties in Texas are considered to be in the West Texas region. Affected
facilities in East Texas must submit an application before September 1, 2003
and any controls required by the permit must be in operation by March 1, 2007.
Affected facilities in West Texas must submit an application before September
1, 2004 and any control required by the permit must be in operation by March
1, 2008.
Based on analysis of the 1997 emissions inventory, there are a total of
approximately 800 grandfathered facilities in Texas. Since 1997, it is estimated
that 300 of these sites have been authorized to continue operations under
a permit, permit by rule, or currently have a pending permit application.
The commission anticipates there will be state and local government sites,
including an unknown number of facilities owned and operated by river authorities,
that would be affected by the proposed amendments.
The overall costs to affected units of state and local government will
depend on which permit the site chooses to apply. There would be no significant
fiscal implications for units of state and local government that own or operate
gas-fired grandfathered EGFs that qualify for the EGF permit, because these
facilities would already be considered permitted and not required to install
pollution control devices or pay permit development and application fees.
There may be auxiliary generators or other combustion equipment located at
city-owned facilities that will have to obtain an EGF permit. Units of state
and local government that decide to obtain an EGF permit would have to pay
costs associated with permit development, the permit application, and public
notice. Units of state and local government that decide to obtain an existing
or pipeline facility permit would have to pay costs associated with permit
development, the permit application, public notice, and installation of any
required pollution control devices.
The cost of preparing a permit application will depend on the complexity
of the facility. The commission estimates that on average, it will cost a
unit of state and local government approximately $10,000 to prepare the permit
application. The permit application fee will be $450 per application.
The costs for public notice vary significantly depending on the location
of the facility and its proximity to large metropolitan areas. Small town/city
newspapers generally charge much less for publication of a public notice.
The commission estimates a large city newspaper would charge approximately
$3,000 for the display notice and approximately $450 for the legal notice.
A smaller city newspaper would charge approximately $210 for the display notice
and $20 for the legal notice. The cost for alternative language publication,
if needed, is estimated to be $150. The cost for signs at affected facilities
would cost approximately $300. The total costs for public notice associated
with permitting a grandfathered facility would range from $680 to $3,900,
assuming alternative language notice is also required. If a request for notice
and comment hearing is received on an application, the applicant would also
be required to publish a legal notice for the hearing, which would cost an
additional $450 for publication in a large city newspaper, and $20 in a smaller
city newspaper.
The costs to meet the emission reduction requirements of the existing facility
permit will vary depending on the types of emissions, the specific processes
involved, and the control methodologies employed for emission reductions.
There are three grandfathered natural gas-fired boilers operated by Texas
A&M University, and two grandfathered natural gas-fired boilers operated
by the University of Texas at Austin that would be affected by the proposed
rulemaking. The university boilers would be required to obtain an existing
facility permit, since they would not qualify for an EGF or pipeline facility
permit. The University of Texas and Texas A&M University boilers would
be required to use an air pollution control method at least as beneficial
as ten year old BACT. Based on data in the 1997 emissions inventory and the
document
type-name="sub">x
Emissions from Industrial/Commercial/Institutional
(ICI) Boilers
," EPA, March, 1994 the commission estimates it will cost
the University of Texas between $105,000 to $350,000 and Texas A&M University
between $95,000 to $165,000 annually per boiler to install and operate pollution
control devices that will reduce emissions to a level that meets the required
BACT standard. The commission estimates that compliance costs would be similar
or lower for other units of state and local government that operate grandfathered
sites not listed on the 1997 emission inventory that decide to apply for an
existing facility permit.
The costs to meet the emission reduction requirements of the pipeline facility
permit will also vary depending on location of the facility, the types of
emissions, the specific processes involved, the control methodologies employed
for emission reductions, and the capacity of the affected reciprocating internal
combustion engine. Although HB 2912 requires up to a 20% reduction in NO
Combustion modifications to reduce NO
x
emissions
on lean-burn engines is the least costly and is sufficient to meet requirements.
Combustion modifications include a range of techniques including low emission
combustion, high pressure fuel injection, increased air/fuel ratio, high energy
ignition systems, and ignition timing retard. For the purposes of this fiscal
note, low emission combustion for lean-burn engines will be used. Although
this is the most expensive of the combustion modification options listed,
this technique results in greater emission reductions and would allow owners
and operators to install pollution control devices on fewer engines and still
meet the overall reduction requirements through emission averaging. The commission
estimates the total capital costs to install low emission combustion on a
1,000 horsepower (hp) lean-burn engine would be $292,800 and the total annual
cost would be $72,400. These costs are based on equations, total capital ($226,000
+ $66.8*BHP) and annualized costs ($57,800 + $14.6*BHP), found on pages 5-4
and 5-8 of the document, "
Stationary Reciprocating
Internal Combustion Engines, Updated Information on NO
x
emissions and Control Techniques,
" EPA, September 1, 2000.
Because the statutory reduction requirements are substantially less than the
reductions achievable with low emission combustion, the average engine control
cost will be substantially less than the costs obtained by application of
this low emission combustion cost equation to each affected engine.
For rich-burn engines, the costs for pipeline engine NO
x
reductions are based on use of non-selective catalytic reduction
(NSCR). Non-selective catalytic reduction is a cost-effective control technique
(99% reduction is feasible) in widespread use for rich-burn engines. This
fiscal note estimates the NSCR total capital cost for a 1,000 hp rich-burn
engine is $42,200 and the total annual cost would $90,300. These costs are
based on equations, total capital ($12,100 + $30.1 *hp) and annualized cost
($68,300 + $22.0 *hp), found on pages 6-27 and 6-30 of the document, "
Units of state and local government that seek to obtain pipeline facility
permits may be eligible for partial reimbursement of the costs of pollution
controls. House Bill 2914 directed the Comptroller's Office to establish an
account within the General Revenue Account 151, Clean Air, called the Emissions
Reductions Incentives Account. House Bill 2914 allows the commission to use
money within the Emissions Reductions Incentives Account to provide for partial
reimbursement of the cost of controls for reciprocating internal combustion
engines associated with pipeline operations. The commission was appropriated
an additional $16.2 million in Fiscal Year 2002 from the emissions reductions
incentives account to provide incentives. Any unexpended funds remaining from
the original appropriation could be used to provide similar incentives during
Fiscal Year 2003.
PUBLIC BENEFITS AND COSTS
Mr. Davis has also determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated from
enforcement of and compliance with the proposed amendments will be increased
compliance with commission regulations and decreased air emissions due to
pollution controls being required on emission sources that were previously
exempt from utilizing pollution control devices.
The State of Texas began permitting new and modified sources of air pollutants
in 1971. Sources built before the permitting rules became effective were not
required to obtain permits for air emissions as long as they were not modified.
These sources are known as grandfathered sources.
The proposed amendments implement certain provisions of HB 2912 and HB
2914, 77th Legislature, 2001. Provisions in HB 2912 require grandfathered
air emission facilities to obtain a permit under this chapter or qualify for
a permit by rule under Chapter 106.
House Bill 2912 creates four new types of permits for grandfathered facilities:
existing facility permits, EGF permits, pipeline facility permits, and small
business stationary source permits. Provisions in HB 2914 establish an account
called the emissions reductions incentives account and allow the commission
to use money in the account to provide partial reimbursement to certain pipeline
operations to install pollution control equipment.
Grandfathered facilities owned and operated by large businesses would be
eligible to apply for either the existing facility, EGF, or pipeline facility
permits created by HB 2912. All grandfathered facilities located at large
businesses would be eligible to apply for an existing facility permit. This
permit would require a facility to use an air pollution control method at
least as beneficial as ten year old BACT. The commission does not require
any one particular pollution control method. Examples of control methods that
could be used include low NO
x
burners and flue
gas recirculation for boilers and heaters, leak detection and repair programs
for piping components, and combustion modifications for engines. The commission
anticipates that adoption of this rulemaking will result in the shutdown of
a small number of grandfathered equipment owned and operated by businesses
due to costs associated with preparing a permit application, the publication
of public notice, and the installation of pollution control equipment. Businesses
that may choose to cease operations as a result of this rulemaking may include
some pipeline facilities in East Texas with compressor stations that will
be required to replace engines in order to get the 50% reduction in NO
In addition to existing facility permits, gas-fired grandfathered EGFs
located at large businesses that have applied for or were exempt from the
requirement to apply for a permit to comply with the provisions of SB 7, 76th
Legislature, 1999, are now considered permitted for all air contaminants.
The commission estimates there will be no significant fiscal implications
for this provision because there would be no permit application or development
fees, and installation of pollution control equipment would not be required
for gas-fired grandfathered EGFs. There may be auxiliary generators or other
combustion equipment located at city-owned facilities that will have to obtain
an EGF permit. Units of state and local government that decide to obtain an
EGF permit would have to pay costs associated with permit development, the
permit application, and public notice.
In addition to existing facility permits, grandfathered reciprocating internal
combustion engines owned and operated by large businesses that are part of
processing, treating, compression, or pumping facilities connected to or part
of a gathering or transmission pipeline would be eligible to obtain a pipeline
facility permit. This permit would require grandfathered reciprocating internal
combustion engines used in pipeline operations to achieve a 50% reduction
in NO
x
and up to a 50% reduction in VOC for sites
in East Texas, and up to a 20% reduction in NO
x
and VOC at sites in West Texas.
Compliance deadlines depend on whether the facility is located in East
or West Texas. Affected facilities in East Texas must submit an application
before September 1, 2003 and any controls required by the permit must be in
operation by March 1, 2007. Affected facilities in West Texas must submit
an application before September 1, 2004 and any control required by the permit
must be in operation by March 1, 2008.
Based on analysis of the 1997 emissions inventory, there are a total of
approximately 800 grandfathered facilities in Texas. Since 1997, it is estimated
that 300 of these sites have been authorized to continue operations under
a permit, permit by rule, or currently have a pending permit application.
The remaining 500 facilities, the vast majority of which are owned and operated
by large businesses, are oil/coal/wood/gas-fired boilers; process heaters;
kilns; gas turbines; duct burners; and flares used in oil and gas production,
processing, and transmission; chemical processing; electricity generation;
metal manufacturing; general manufacturing; and oil refining operations. The
commission estimates the actual number of affected large businesses will be
higher since there are probably additional operational grandfathered facilities
that were not included in the 1997 emissions inventory.
The overall costs to affected facilities will depend on which permit the
site chooses to apply. There would be no significant fiscal implications for
individuals or businesses that own or operate gas-fired grandfathered EGFs
that qualify for the EGF permit, because these facilities would already be
considered permitted and not required to install pollution control devices
or pay permit development and application fees. There may be auxiliary generators
or other combustion equipment located at sites that will have to obtain an
EGF permit. Individuals or businesses that decide to obtain an EGF permit
would have to pay costs associated with permit development, the permit application,
and public notice. Individuals and businesses that decide to obtain an existing
or pipeline facility permit would have to pay costs associated with permit
development, the permit application, public notice, and installation of any
required pollution control devices.
The cost of preparing a permit application will depend on the complexity
of the facility. The commission estimates that on average, it will cost an
individual or business approximately $10,000 to prepare the permit application.
The permit application fee will be $450 per application.
The costs for public notice vary significantly depending on the location
of the facility and its proximity to large metropolitan areas. Small town/city
newspapers generally charge much less for publication of a public notice.
The commission estimates a large city newspaper would charge approximately
$3,000 for the display notice and approximately $450 for the legal notice.
A smaller city newspaper would charge approximately $210 for the display notice
and $20 for the legal notice. The cost for alternative language publication,
if needed, is estimated to be $150. The cost for signs at affected facilities
would cost approximately $300. The total costs for public notice associated
with permitting a grandfathered facility would range from $680 to $3,900,
assuming alternative language notice is also required. If a request for notice
and comment hearing is received on an application, the applicant would also
be required to publish a legal notice for the hearing, which would cost an
additional $450 for publication in a large city newspaper, and $20 in a smaller
city newspaper.
The costs to meet the emission reduction requirements of the existing facility
permit will vary depending on the types of emissions, the specific processes
involved, the control methodologies employed for emission reductions to meet
the ten year old BACT requirements, and the overall capacity of the facility.
Based on data in the 1997 emissions inventory and the document
"Alternative Control Techniques Document--NO
x
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,
"
EPA, March, 1994, the commission estimates it will cost between $40,000 to
$900,000 per piece of equipment to install and operate pollution control devices
necessary to meet the ten year old BACT standards. This cost estimate only
addresses costs for boilers to reduce NO
x
. There
are other types of facilities and equipment affected that would have to install
different emission control devices, and some may need to control SO
2
and other air contaminants. However, the commission expects that
in most cases, the costs will be similar to those identified for boilers.
The costs to meet the emission reduction requirements of the pipeline facility
permit will also vary depending on the types of emissions, the specific processes
involved, the control methodologies employed for emission reductions, and
the capacity of the affected reciprocating internal combustion engine. This
rulemaking does not require any particular emission control technique. The
proposed rules allow for emission averaging among engines on a pipeline. The
average required NO
x
reduction is 50% in the
East Texas area and up to 20% in the West Texas area. The commission estimates
that in order to comply with the proposed amendments, owners and operators
of lean-burn engines will utilize some form of flue gas cleanup using systems
such as SCR, conversion to electric motors, and combustion modifications.
Combustion modifications to reduce NO
x
emissions
on lean-burn engines is the least costly and is sufficient to meet requirements.
Combustion modifications include a range of techniques including low emission
combustion, high pressure fuel injection, increased air/fuel ratio, high energy
ignition systems, and ignition timing retard. For this fiscal note, low emission
combustion for lean-burn engines is used. Although this is the most expensive
of the combustion modification options listed, this technique results in greater
emissions reductions and would allow owners and operators to install pollution
control devices on fewer engines and still meet the overall reduction requirements
through emission averaging. The commission estimates the total capital costs
to install low emission combustion on a 1,000 hp lean-burn engine would be
$292,800 and the total annual cost would be $72,400. These costs are based
on equations, total capital ($226,000 + $66.8*BHP) and annualized costs ($57,800
+ $14.6*BHP), found on pages 5-4 and 5-8 of the document, "
Stationary Reciprocating Internal Combustion Engines, Updated Information
on NO
x
emissions and Control Techniques,
"
EPA, September 1, 2000. Because the statutory reduction requirements are substantially
less than the reductions achievable with low emission combustion, the average
engine control cost will be substantially less than the costs obtained by
application of this low emission combustion cost equation to each affected
engine.
For rich-burn engines, the costs for pipeline engine NO
x
reductions are based on use of NSCR. Non-selective catalytic reduction
is a cost effective control technique (99% reduction is feasible) in widespread
use for rich-burn engines. This fiscal note estimates the NSCR total capital
cost for a 1,000 hp rich-burn engine is $42,200 and the total annual cost
would $90,300. These costs are based on equations, total capital ($12,100
+ $30.1 *hp) and annualized cost ($68,300 + $22.0 *hp), found on pages 6-27
and 6-30 of the document, "
Alternative Control Techniques
Document NO
x
Emissions from Stationary Reciprocating
Internal Combustion Engines
," EPA. The average costs for pipeline engines
complying with these permitting requirements will be approximately 50% of
the per engine costs in East Texas, based on emission averaging.
Businesses that seek to obtain pipeline facility permits may be eligible
for partial reimbursement of the costs of pollution controls. The reimbursement
would be paid from an account called the Emissions Reductions Incentives Account
established by HB 2914 and appropriated to the commission for distribution.
The commission was appropriated an additional $16.2 million from the new fund.
Reimbursement will be based on the amount of money available and prioritized
based on a set of criteria established by the commission.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
There may be adverse fiscal implications, which could be significant, for
small and micro-businesses that have to install pollution control equipment
as a result of implementation and enforcement of the proposed amendments,
which are intended to implement the grandfathered permitting provisions of
HB 2912 and HB 2914. House Bill 2912 requires all grandfathered air emission
facilities to obtain a permit, and HB 2914 provided additional funding for
the commission to provide incentives to defray the costs for pollution control
equipment on reciprocating internal combustion engines. The commission anticipates
that adoption of this rulemaking will result in the shutdown of a small number
of grandfathered equipment owned and operated by small and micro-businesses
due to costs associated with preparing a permit application, the publication
of public notice, and the installation of pollution control equipment. The
majority of grandfathered equipment located at small or micro-businesses would
be eligible for a permit by rule or a small business stationary source permit.
However, there may be businesses, such as small cultured marble manufacturers,
that may have to change operating procedures or conduct equipment modifications
to comply with this rulemaking. This would be required if the executive director
determined the location of the small business would pose an environmental
problem to the surrounding area.
The commission anticipates that grandfathered facilities owned and operated
by small and micro-businesses will likely apply for either existing facility
or small business stationary source permits. There are no known small or micro-businesses
that would be eligible for the EGF permit and the commission anticipates there
are very few small or micro-businesses with equipment that would qualify for
the pipeline facility permit. The commission anticipates that the owners or
operators of these facilities will obtain a small business stationary source
permit rather than a pipeline facility permit. There are no controls or emission
reductions required for a small business stationary source permit, and there
is no requirement for public notice. In order to qualify for the small business
stationary source permit, the site must emit less than 50 tpy of any regulated
air pollutant and cannot emit more than 75 tpy of all regulated air pollutants.
Small or micro-businesses with emission outputs above these thresholds would
have to obtain an existing source permit. Grandfathered facilities owned and
operated by small or micro-business that intend to obtain a small business
stationary source permit must submit an application before September 1, 2004
and any controls required by the permit must be in operation by March 1, 2008.
Small and micro-businesses that do not qualify for the small business stationary
source permit must submit a permit application by March 1, 2008 or shut down.
Based on analysis of the 1997 emissions inventory, there are a total of
approximately 800 grandfathered facilities in Texas. Since 1997, it is estimated
that 300 of these sites have been authorized to continue operations under
a permit, permit by rule, or currently have a pending permit application.
Of the remaining 500 facilities identified on the 1997 emissions inventory,
the commission estimates that fewer than ten are small or micro-businesses.
These facilities would have to apply for an existing facility permit or shut
down since their emissions would exceed the maximum thresholds allowed for
a site to qualify for a small business stationary source permit. The commission
estimates there may be other grandfathered facilities owned and operated at
small and micro-businesses that qualify for the small business stationary
source permit, and therefore would not have shown up on the emissions inventory.
Examples of grandfathered equipment owned and operated by small and micro-businesses
include small ICI boilers, process heaters, and internal combustion engines.
Small and micro-businesses that qualify for the small business stationary
source permit would only have to pay costs associated with developing the
permit and the permit application fee. Facilities that decide to obtain an
existing facility permit would also have to pay additional costs associated
with installation and operation of pollution control devices and public notice.
The cost of preparing a permit application will depend on the complexity of
the facility and whether a detailed modeling analysis will be required to
evaluate the impacts from the facility. The commission estimates that on average,
it could cost a facility $10,000 to prepare the permit application for a small
business stationary source and existing facility permit if a third party consultant
is used. However, the commission can provide limited technical assistance
with the permitting process for owners and operators of small and micro-businesses.
The permit application fee will be $100 per facility instead of $450 for larger
businesses and units of government.
The costs for public notice will also be decreased for small and micro-businesses,
because they would not be required to publish a display notice. The public
notice costs will vary depending on the location of the facility and its proximity
to large metropolitan areas. Small town/city newspapers generally charge much
less for publication of a public notice. The commission estimates a large
city newspaper would charge approximately $450 for the legal notice. A smaller
city newspaper would charge approximately $20 for the legal notice. The cost
for alternative language publication, if needed, is estimated to be $150.
The cost for signs at affected facilities would cost approximately $300. The
total costs for public notice associated with permitting a grandfathered facility
owned and operated by a small or micro-business would range from $170 to $600,
assuming alternative language notice is also required. If a request for notice
and comment hearing is received on an application, the applicant would also
be required to publish a legal notice for the hearing, which would cost an
additional $450 for publication in a large city newspaper, and $20 in a smaller
city newspaper.
The costs to meet the emission reduction requirements of the existing facility
permit will vary depending on the types of emissions, the specific processes
involved, the control methodologies employed for emission reductions to meet
the ten year old BACT requirements, and the overall capacity of the facility.
Based on data in the 1997 emissions inventory and the document
"Alternative Control Techniques Document--NO
x
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,
"
EPA, March, 1994, the commission estimates it will cost between $40,000 to
$165,000 per piece of equipment to install and operate pollution control devices
necessary to meet the ten year old BACT standards. This cost estimate only
addresses costs for boilers to reduce NO
x
. There
are other types of facilities and equipment affected that would have to install
different emission control devices, and some may need to control SO
2
and other air contaminants. However, the commission expects that
in most cases, the costs will be similar to those identified for boilers.
The following is an analysis of the cost per employee for small or micro-businesses
affected by the proposed amendments. Small and micro-businesses are defined
as having fewer than 100 or 20 employees respectively. A small business that
opts to obtain an existing facility permit for one natural gas-fired boiler
and installs the required pollution control devices would incur additional
costs of approximately $1,700 per employee. A micro-business that opts to
obtain an existing facility permit for one natural gas-fired boiler and installs
the required pollution control devices would incur additional costs of approximately
$8,300 per employee. The cost to install and operate pollution control devices
for affected facilities is the same for small businesses as for larger businesses.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and determined that
a local employment impact statement is not required. Although the proposed
amendments may result in the shutdown of grandfathered equipment, the commission
estimates the number will be small and not concentrated in any one region
of the state. Additionally, the number of potential employee layoffs is estimated
to be small and not concentrated in any one region so as to not have an adverse
material affect on local or regional economies of the state.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking implementing HB 2912, §§5.02 - 5.04 meets the
definition of a "major environmental rule" as defined in that statute. However,
the proposed rulemaking implementing HB 2914, §78 does not meet the definition
of a "major environmental rule." The 77th Legislature amended the THSC to
require that all grandfathered facilities obtain permits. These rules implement
the comprehensive permitting system created by HB 2912, including four different
types of permits which will cover all grandfathered facilities, and provide
for potential emission reductions. The rules implementing HB 2914 specify
the procedures and criteria governing reimbursement from the Emissions Reductions
Incentives Account, established to assist owners or operators making reductions
in grandfathered emissions from reciprocating internal combustion engines
at facilities associated with pipelines.
A "major environmental rule" means a rule, the specific intent of which
is to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state.
Although the proposed rules to implement the HB 2912 sections are intended
to protect the environment or reduce risks to human health from environmental
exposure, they may have adverse effects on the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state or a sector
of the state since they require mandatory permitting or shut down of certain
grandfathered facilities. However, the analysis required by Texas Government
Code, §2001.0225(c) does not apply because the proposed rules do not
meet any of the four applicability requirements of a major environmental rule.
The proposed rules do not exceed a standard set by federal law, exceed an
express requirement of state law, exceed a requirement of a delegation agreement,
or adopt a rule solely under the general powers of the agency. The rules are
proposed specifically to comply with HB 2912 and related provisions of the
TCAA, and do not exceed the requirements of either.
The proposed rules to implement the HB 2914 sections are intended to protect
the environment or reduce risks to human health from environmental exposure.
Because this is an incentive program designed to provide financial assistance
to certain facilities, HB 2914 will not adversely affect in a material way
the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. Therefore, the proposed
rules to implement the HB 2914 sections do not fit the definition of a major
environmental rule, and the analysis required by §2001.0225(c) does not
apply.
TAKINGS IMPACT ASSESSMENT
The commission has completed a takings impact assessment for the proposed
rules. The following is a summary of that assessment. The purpose of the proposed
rules is to fulfill the commission's obligation to implement HB 2912, §§5.02
- 5.04 and HB 2914, §78, concerning grandfathered facilities. The proposed
rules will advance this purpose by creating a comprehensive permitting system
including four different types of permits which will cover all grandfathered
facilities, and provide for emission reductions of NO
x
and VOC. The rules will also contain procedures and criteria governing
partial reimbursement from the Emissions Reductions Incentives Account, established
to assist owners or operators making reductions in grandfathered emissions
from reciprocating internal combustion engines at facilities associated with
pipelines.
The commission evaluated these proposed rules and performed a preliminary
assessment of whether Texas Government Code, Chapter 2007 is applicable. The
commission's preliminary assessment indicates that Texas Government Code,
Chapter 2007 does not apply to these proposed rules because this is an action
that is reasonably taken to fulfill an obligation mandated by federal law,
which is exempt under Texas Government Code, §2007.003(b)(4). Section
2007.003(b)(13) states that Chapter 2007 does not apply to an action that:
1) is taken in response to a real and substantial threat to public health
and safety; 2) is designed to significantly advance the health and safety
purpose; and 3) does not impose a greater burden than is necessary to achieve
the health and safety purpose. Although the rule revisions do not directly
prevent a nuisance or prevent an immediate threat to life or property, they
do prevent a real and substantial threat to public health and safety and significantly
advance the health and safety purpose. In addition, these rules fulfill an
obligation mandated by federal law. The proposed rules will implement requirements
of 42 United States Code (USC), §7410. The reductions in NO
x
and VOC significantly advance a health and safety purpose by assisting
the state's efforts to attain the ozone national ambient air quality standards
set by the EPA under 42 USC, §7409, for nonattainment areas of the state
and maintain the quality of the state's air in attainment areas. The action
is mandated by federal law because the rules will be submitted for EPA approval
as part of the SIP. Texas Government Code, Chapter 2007 also does not apply
because this is an action that is taken in response to a real and substantial
threat to public health and safety, that is designed to significantly advance
the health and safety purpose, and that does not impose a greater burden than
is necessary to achieve the health and safety purpose. Reductions required
by these rules will be no greater than those required by HB 2912. Thus, this
action is exempt under Texas Government Code, §2007.003(b)(13).
Promulgation and enforcement of these rules will not burden private real
property. The proposed rules do not affect private property in a manner which
restricts or limits an owner's right to the property that would otherwise
exist in the absence of governmental action. Consequently, the proposed rules
do not meet the definition of a takings under Texas Government Code, §2007.002(5).
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission determined that the proposed 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 rules in 30 TAC Chapter
281, Subchapter B, Consistency with the CMP. 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 reviewed
the proposed rulemaking for consistency with the CMP goals and policies in
accordance with the rules of the Coastal Coordination Council, and determined
that the rulemaking is consistent with the applicable CMP goals and policies.
The CMP goal applicable to this rulemaking is the goal to protect, preserve,
and enhance the diversity, quality, quantity, functions, and values of coastal
natural resource areas (31 TAC §501.12(l)). The CMP policy applicable
to this rulemaking is the policy (31 TAC §501.14(q)) that commission
rules comply with federal regulations in 40 Code of Federal Regulations to
protect and enhance air quality in the coastal area (31 TAC §501.14(q)).
This proposal will require the owners or operators of all previously grandfathered
facilities to obtain a permit for those facilities in order to continue to
operate. The permits issued for these facilities are expected to result in
reduced emissions of air contaminants and improved compliance with state and
federal air pollution control requirements. Therefore, this rulemaking is
consistent with the applicable policy and goal.
The commission seeks public comment on the consistency of the proposed
rulemaking with applicable CMP goals and policies.
ANNOUNCEMENT OF HEARING
Public hearings on the proposal will be held at the following times and
locations: January 22, 2002, 7:00 p.m., Tyler Junior College Regional Training
and Development Center, Room 104, 1530 South Southwest Loop 323, Tyler; January
23, 2002, 7:00 p.m., City of Houston City Council Chambers, 2nd Floor, 901
Bagby, Houston; January 24, 2002, 7:00 p.m., City of Odessa City Council Chambers;
5th Floor, 411 West 8th Street, Odessa; January 28, 2002, 6:30 p.m., City
of Irving Central Library Auditorium, 801 West Irving Boulevard, Irving; and
January 29, 2002, 2:00 p.m., Texas Natural Resource Conservation Commission,
12100 North I-35, Building F, Room 2210, Austin.
The hearings are 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 hearings;
however, an agency staff member will be available to discuss the proposal
30 minutes prior to the hearings, and answer questions before and after the
hearings.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087;
or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on
January 29, 2002. All comments should reference Rule Log No. 2001-076-116-AI.
For further information, please contact Steve Hagle, Air Permits Division,
at (512) 239-1295; or Jill Burditt, Policy and Regulations Division, at (512)
239-0560.
Subchapter A. DEFINITIONS
30 TAC §116.10, §116.18
STATUTORY AUTHORITY
The amendments are proposed under THSC, TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission the authority to develop a comprehensive plan
for the state's air; §382.017, which authorizes the commission to adopt
rules consistent with the policy and purposes of the TCAA; §382.051,
which authorizes the commission to issue a permit for numerous similar sources; §382.0518,
which authorizes the commission to issue permits for construction of new facilities
or modifications of existing facilities; §382.05181 which requires grandfathered
facilities to apply for a permit and comply with its conditions by certain
dates, and requires certain actions of the commission; and TWC, §5.103,
which authorizes the commission to adopt rules.
The proposed amendments implement THSC, TCAA, §382.002, concerning
Policy and Purpose; §382.011, concerning General Powers and Duties; §382.012,
concerning State Air Control Plan; §382.017, concerning Rules; §382.051,
concerning Permitting Authority of Board; Rules; and §382.0518, concerning
Preconstruction Permit; TWC, §5.103, concerning Rules.
§116.10.General Definitions.
Unless specifically defined in the TCAA or in the rules of the commission,
the terms used by the commission have the meanings commonly ascribed to them
in the field of air pollution control. In addition to the terms which are
defined by the TCAA, and in §101.1 of this title (relating to Definitions),
the following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (5)
(No change.)
(6)
Grandfathered facility--Any facility that is not a new
facility
and has not been modified
since
August 30, 1971
[
(7) - (15)
(No change.)
§116.18.Electric Generating Facility Permits Definitions.
The following words and terms, when used in Subchapter I of this chapter
(relating to Electric Generating Facility Permits) shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (10)
(No change.)
(11)
Natural gas-fired EGF--For purposes of
Subchapter I of this chapter, an EGF that was designed to burn either natural
gas or fuel oil of a grade determined by the commission to be acceptable.
Burning of a fuel oil designated by this definition as acceptable does not
relieve the owner or operator of the EGF from the responsibility to comply
with the emission limitations, allowances, or conditions of any permit or
state or federal regulation. Acceptable fuel oil grades are:
(A)
American Society for Testing and Materials (ASTM) grade
number 1 or 2 fuel oil containing not more than 0.3% sulfur by weight.
(B)
Any other grade of fuel oil which the owner or operator
of the EGF demonstrates to the executive director is protective of public
health and physical property.
(12)
Normal Annual Operating Schedule--For
the purposes of §116.911(f)(1) of this title (relating to Electric Generating
Facility Permit Application), the average annual operating hours for all electric
generating facilities located at a single account for the calendar years 1997,
1998, and 1999.
(13)
[
(A)
an average capacity factor of no more than 10% during the
past three calendar years; and
(B)
a capacity factor of no more than 20% in each of those
calendar years.
(14)
[
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 December 20, 2001.
TRD-200108179
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-5017
1.
GENERAL APPLICABILITY
30 TAC §§116.770 - 116.772
STATUTORY AUTHORITY
The new sections are proposed under THSC, TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission the authority to develop a comprehensive plan
for the state's air; §382.017, which authorizes the commission to adopt
rules consistent with the policy and purposes of the TCAA; §382.051,
which authorizes the commission to issue a permit for numerous similar sources; §382.0518,
which authorizes the commission to issue permits for construction of new facilities
or modifications of existing facilities; §382.05181 which requires grandfathered
facilities to apply for a permit and comply with its conditions by certain
dates, and requires certain actions of the commission; and TWC, §5.103,
which authorizes the commission to adopt rules.
The proposed new sections implement THSC, TCAA, §382.002, concerning
Policy and Purpose; §382.011, concerning General Powers and Duties; §382.012,
concerning State Air Control Plan; §382.017, concerning Rules; §382.051,
concerning Permitting Authority of Board; Rules; and §382.0518, concerning
Preconstruction Permit; TWC, §5.103, concerning Rules.
§116.770.Requirement to Apply.
The owner or operator of a grandfathered facility must apply for a
permit to operate that facility under this chapter, qualify for a permit by
rule under Chapter 106 of this title (relating to Permits by Rule), or submit
a notice of shutdown before September 1, 2003 for facilities located in the
East Texas region as defined in §101.330 of this title (relating to Definitions),
and before September 1, 2004 for facilities located in the West Texas region
as defined in §101.330 of this title or El Paso County.
§116.771.Implementation Schedule for Additional Controls.
If the installation of additional controls is required for a grandfathered
facility to meet an emission limit for a pollutant, the permit shall specify
an implementation schedule for such additional controls. Any such schedule
shall require installation and operation of controls before March 1, 2007
for facilities located in the East Texas region as defined in §101.330
of this title (relating to Definitions) or before March 1, 2008 for facilities
located in the West Texas region as defined in §101.330 of this title
or El Paso County.
§116.772.Notice of Shutdown.
(a)
The owner or operator of a grandfathered facility who chooses
to shut the facility down rather than obtain a permit under this chapter or
qualify for a permit by rule under Chapter 106 of this title (relating to
Permits by Rule), shall notify the executive director in writing by completing
Form PI- 1GSD, Notice of Shutdown, prior to the deadlines specified in §116.770
or §116.774 of this title (relating to Requirement to Apply; and Eligibility
for Small Business Stationary Source Permits). The owner or operator of a
grandfathered facility who submits a Form PI-1GSD, Notice of Shutdown, prior
to the deadlines specified in §116.770 or §116.774 of this title
shall cease emitting air contaminants by:
(1)
March 1, 2007, if the facility is not eligible for a small
business stationary source permit and is located in the East Texas region
as defined in §101.330 of this title (relating to Definitions); or
(2)
March 1, 2008, if the facility is eligible for a small
business stationary source permit or is located in the West Texas region as
defined in §101.330 of this title or El Paso County.
(b)
The owner or operator of a grandfathered facility who applies
for a permit prior to the deadlines specified in §116.770 or §116.774
of this title, but prior to permit issuance, decides to shut the facility
down must submit a Form PI-1GSD, Notice of Shutdown, prior to withdrawal of
the permit application and must cease emitting air contaminants by the date
specified in subsection (a)(1) or (2) of this section.
(c)
The owner or operator of a facility that has been shut
down and for which a Notice of Shutdown has been submitted must obtain the
proper authorization under this chapter or Chapter 106 of this title prior
to operating the facility.
(d)
The Notice of Shutdown shall include, as a minimum, an
identification of the facility to be shut down, the date the owner or operator
intends to cease operating the facility, and an inventory of the type and
amount of emissions that will be eliminated when the facility ceases to operate.
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 December 20, 2001.
TRD-200108180
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-5017
30 TAC §§116.774 - 116.777, 116.779 - 116.781, 116.783, 116.785 - 116.788, 116.790
STATUTORY AUTHORITY
The new sections are proposed under THSC, TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission the authority to develop a comprehensive plan
for the state's air; §382.017, which authorizes the commission to adopt
rules consistent with the policy and purposes of the TCAA; §382.051,
which authorizes the commission to issue a permit for numerous similar sources; §382.0518,
which authorizes the commission to issue permits for construction of new facilities
or modifications of existing facilities; §382.05181 which requires grandfathered
facilities to apply for a permit and comply with its conditions by certain
dates, and requires certain actions of the commission; and TWC, §5.103,
which authorizes the commission to adopt rules.
The proposed new sections implement THSC, TCAA, §382.002, concerning
Policy and Purpose; §382.011, concerning General Powers and Duties; §382.012,
concerning State Air Control Plan; §382.017, concerning Rules; §382.051,
concerning Permitting Authority of Board; Rules; and §382.0518, concerning
Preconstruction Permit; TWC, §5.103, concerning Rules.
§116.774.Eligibility for Small Business Stationary Source Permits.
(a)
The owner or operator of a grandfathered facility located
at a small business stationary source, as defined in TCAA, §382.0365(h),
and which is not required to report to the commission under TCAA, §382.014
may apply for a small business stationary source permit before September 1,
2004.
(b)
The deadlines contained in §116.770 of this title
(relating to Requirement to Apply) and §116.771 of this title (relating
to Implementation Schedule for Additional Controls) do not apply to facilities
eligible to apply for a small business stationary source permit. Any grandfathered
facility, including any facility for which the owner or operator has submitted
a notice of shutdown under §116.772 of this title (relating to Notice
of Shutdown), located at a small business stationary source may not emit air
contaminants on or after March 1, 2008, unless the facility has a permit application
pending under this chapter or a registration for a permit by rule under Chapter
106 of this title (relating to Permits by Rule).
(c)
Applications for a small business stationary source permit
shall be submitted under the seal of a Texas licensed professional engineer,
if required by §116.110(e) of this title (relating to Applicability).
(d)
The owner or operator of the grandfathered facility, group
of facilities, or account is responsible for applying for the small business
stationary permit and for complying with this subchapter.
§116.775.Eligibility for Pipeline Facilities Permits.
(a)
The owner or operator of a grandfathered reciprocating
internal combustion engine or group of engines that is a part of processing,
treating, compression, or pumping facilities connected to or part of a gathering
or transmission pipeline may apply for a pipeline facilities permit.
(b)
Applications for a pipeline facilities permit shall be
submitted under the seal of a Texas licensed professional engineer, if required
by §116.110(e) of this title (relating to Applicability).
(c)
The owner or operator of the grandfathered facility, group
of facilities, or account is responsible for applying for the pipeline facilities
permit and for complying with this subchapter.
(d)
The owner or operator of more than one grandfathered reciprocating
internal combustion engine may apply for a pipeline facilities permit for
a single grandfathered reciprocating internal combustion engine or all of
the grandfathered reciprocating internal combustion engines connected to or
part of a gathering or transmission pipeline.
§116.776.Distribution of Funds from the Emissions Reductions Incentives Account for Control of Emissions from Grandfathered Reciprocating Internal Combustion Engines Located in the East Texas Region.
(a)
Eligible facilities. Owners or operators of grandfathered
reciprocating internal combustion engines are eligible for reimbursement of
a portion of the cost of controls from the Emissions Reductions Incentives
Account based on the following criteria.
(1)
The owner or operator of the grandfathered reciprocating
internal combustion engine or engines must make an actual 50% reduction in
the annual emissions of nitrogen oxides (NO
x
)
as compared to the emissions reported from the grandfathered reciprocating
internal combustion engine or engines in the 1997 Industrial Point Source
Emissions Inventory.
(2)
The grandfathered reciprocating internal combustion engine
or engines must be located in the East Texas region as defined in §101.330
of this title (relating to Definitions).
(3)
The owner or operator must apply for and receive a pipeline
facilities permit or replace the grandfathered reciprocating internal combustion
engine with an electric engine.
(4)
The project to control emissions must be initiated on or
before September 1, 2006.
(5)
The project to control emissions must be completed before
March 1, 2007.
(6)
The pipeline facilities permit must be issued before the
owner or operator of the grandfathered reciprocating internal combustion engine
can request a distribution from the Emissions Reductions Incentives Account.
(7)
The owner or operator who elects to replace a grandfathered
reciprocating internal combustion engine with an electric engine must submit
a Registration of Replacement of a Grandfathered Reciprocating Internal Combustion
Engine with an Electric Engine before the owner or operator can request a
distribution from the Emissions Reductions Incentives Account.
(8)
The emissions controls identified in the permit must be
operating before the executive director can authorize payment from the Emissions
Reductions Incentives Account.
(9)
For grandfathered reciprocating internal combustion engines
replaced by electric engines, the electric engine must be installed and operating
and the grandfathered reciprocating internal combustion engine must be permanently
shut down before the executive director can authorize payment from the Emissions
Reductions Incentives Account.
(10)
Facilities required by any other state or federal law
to make emissions reductions are not eligible for reimbursement.
(b)
Limitations on reimbursement. The commission may reimburse
the owner or operator of a grandfathered reciprocating internal combustion
engine or engines for no more than the cost associated with achieving emissions
reductions between 30% and 50% of the engine's hourly emissions of NO
(c)
Criteria for distribution. The commission will distribute
any money in the fund based on the following criteria:
(1)
whether the facility is located in an attainment area for
ozone, near a nonattainment area for ozone, or a nonattainment area for ozone;
(2)
the percentage of reduction in the hourly emissions of
NO
x
on a grams per brake horsepower-hour basis
achieved;
(3)
the cost effectiveness of the controls achieved based on
the tons of emissions actually reduced per dollar of the cost of the control
method; and
(4)
when the reductions are actually achieved and the request
for reimbursement is received.
(d)
Verification of emissions reductions. Prior to reimbursement
from the Emissions Reductions Incentives Account, the owner or operator of
each grandfathered reciprocating internal combustion engine must provide documentation
verifying the amount of actual emission reductions achieved.
§116.777.Eligibility for Existing Facility Permits.
(a)
The owner or operator of a grandfathered facility may apply
for an existing facility permit.
(b)
Applications for an existing facility permit shall be submitted
under the seal of a Texas licensed professional engineer, if required by §116.110(e)
of this title (relating to Applicability).
(c)
The owner or operator of the grandfathered facility, group
of facilities, or account is responsible for applying for the existing facility
permit and for complying with this subchapter.
§116.779.Applications for Small Business Stationary Source Permits, Pipeline Facilities Permits, or Existing Facility Permits.
(a)
Any application for a small business stationary source
permit, a pipeline facilities permit, or an existing facility permit must
include a completed Form PI-1G, Grandfathered Facility Permit Application.
The Form PI-1G must be signed by an authorized representative of the applicant.
The Form PI-1G specifies additional support information which must be provided
before the application is deemed complete. In order to be granted a permit,
the owner or operator of the grandfathered facility shall submit information
to the commission which demonstrates that all of the following are met.
(1)
Protection of public health and welfare. The emissions
from the grandfathered facility will comply with all rules and regulations
of the commission and with the intent of the TCAA, including protection of
the health and physical property of the people.
(2)
Measurement of emissions. The permit may have provisions
for measuring the emission of air contaminants as determined by the commission.
These provisions may include the installation of sampling ports on exhaust
stacks and construction of sampling platforms in accordance with guidelines
in the "Texas Natural Resource Conservation Commission Sampling Procedures
Manual," portable analyzers, or emissions calculations if a known process
variable is monitored.
(3)
New Source Performance Standards (NSPS). The emissions
from each affected facility as defined in 40 Code of Federal Regulations (CFR)
Part 60 will meet at least the requirements of any applicable NSPS as listed
under 40 CFR Part 60, promulgated by EPA under authority granted under FCAA, §111,
as amended.
(4)
National Emission Standards for Hazardous Air Pollutants
(NESHAP). The emissions from each facility as defined in 40 CFR Part 61 will
meet at least the requirements of any applicable NESHAP, as listed under 40
CFR Part 61, promulgated by EPA under authority granted under FCAA, §112,
as amended.
(5)
NESHAPs for source categories. The emissions from each
affected facility shall meet at least the requirements of any applicable maximum
achievable control technology (MACT) standard as listed under 40 CFR Part
63, promulgated by EPA under FCAA, §112, or as listed in Chapter 113,
Subchapter C of this title (relating to National Emission Standards for Hazardous
Air Pollutants for Source Categories (FCAA Section 112, 40 CFR 63)).
(6)
Performance demonstration. The grandfathered facility will
achieve the performance specified in the permit application. The commission
may require the applicant to submit additional engineering data after the
permit has been issued in order to demonstrate further that the facility will
achieve the performance specified in the permit. In addition, the commission
may require initial compliance testing to determine ongoing compliance through
engineering calculations based on measured process variables, parametric or
predictive monitoring, stack monitoring, or stack testing.
(7)
Nonattainment review. A grandfathered facility in a nonattainment
area shall comply with all applicable requirements under Subchapter B, Division
5 of this chapter (relating to Nonattainment Review).
(8)
Prevention of Significant Deterioration (PSD) review. A
grandfathered facility in an attainment area shall comply with all applicable
requirements under Subchapter B, Division 6 of this chapter (relating to Prevention
of Significant Deterioration Review).
(9)
Air dispersion modeling or ambient monitoring. The commission
may require computerized air dispersion modeling and/or ambient monitoring
to determine the air quality impacts from the grandfathered facility.
(10)
Federal standards of review for constructed or reconstructed
major sources of hazardous air pollutants. If the grandfathered facility is
an affected source as defined in §116.15(1) of this title (relating to
Section 112(g) Definitions), the affected source shall comply with all applicable
requirements under Subchapter C of this chapter (relating to Hazardous Air
Pollutants: Regulations Governing Constructed or Reconstructed Major Sources
(FCAA, Section 112(g), 40 CFR Part 63)).
(11)
Application content. In addition to any other requirements
of this subchapter, the applicant shall:
(A)
identify each facility to be included in the permit;
(B)
identify the air contaminants emitted; and
(C)
provide emission rate calculations.
(b)
In addition to the requirements of subsection (a) of this
section, an application for a pipeline facilities permit shall propose a control
method and identify the date by which the control method will be implemented.
The proposed control method shall demonstrate compliance with the following
requirements.
(1)
Facilities located in the East Texas region as defined
in §101.330 of this title (relating to Definitions), shall demonstrate
that each grandfathered reciprocating internal combustion engine will achieve
at least a 50% reduction of the hourly emissions rate of nitrogen oxides (NO
(2)
The commission shall require up to a 20% reduction of the
hourly emissions rate of NO
x
and VOC, expressed
in terms of g/hp-hr, from grandfathered reciprocating internal combustion
engines located in the West Texas region as defined in §101.330 of this
title or El Paso County.
(3)
Notwithstanding the requirements of paragraphs (1) and
(2) of this subsection, the owner or operator of more than one grandfathered
reciprocating internal combustion engine may average the reductions achieved
among more than one reciprocating internal combustion engine connected to
or part of a gathering or transmission pipeline in order to demonstrate the
reductions required in paragraphs (1) and (2) of this subsection. If the owner
or operator chooses to average among engines located in both the East and
West Texas regions as defined in §101.330 of this title it must be demonstrated
that the sum of the reductions achieved from all of the engines located in
the East Texas region as defined in §101.330 of this title will achieve
the reductions required in paragraph (1) of this subsection. For purposes
of this paragraph, El Paso County is included in the West Texas region as
defined in §101.330 of this title.
(4)
If the emissions reductions required by paragraphs (1)
and (2) of this subsection will be achieved by averaging reductions as allowed
by paragraph (3) of this subsection, the average may not include emission
reductions achieved in order to comply with any other state or federal law.
If the emission reductions required by paragraphs (1) and (2) of this subsection
will be achieved at one account, the reduction may include emission reductions
achieved since January 1, 2001 in order to comply with another state or federal
law.
(c)
In addition to the requirements of subsection (a) of this
section, an application for an existing facility permit shall propose an air
pollution control method that is at least as beneficial as the best available
control technology (BACT) that the commission required or would have required
for a facility of the same class or type as a condition of issuing a permit
or permit amendment 120 months before the submittal of the existing facility
permit application, considering the age and remaining useful life of the facility.
The application shall identify the date by which the control method will be
implemented.
§116.780.Public Participation for Initial Issuance of Pipeline Facilities Permits and Existing Facility Permits.
(a)
An applicant for a pipeline facilities permit or an existing
facility permit shall publish a notice of intent to obtain the permit in accordance
with Chapter 39, Subchapters H and K of this title (relating to Applicability
and General Provisions; and Public Notice of Air Quality Applications).
(b)
Any person who may be affected by emissions from a grandfathered
facility may request the commission to hold a notice and comment hearing on
the pipeline facilities permit application or the existing facility permit
application. The public comment period shall end 30 days after the publication
of Notice of Receipt of Application and Intent to Obtain Permit in accordance
with §39.418 of this title (relating to Notice of Receipt of Application
and Intent to Obtain Permit). Any request for a notice and comment hearing
must be made in writing during the 30-day public comment period.
(c)
Any notice and comment hearing regarding initial issuance
of a pipeline facilities permit or an existing facility permit shall be conducted
in accordance with the procedures in §116.781 of this title (relating
to Notice and Comment Hearings for Initial Issuance of Pipeline Facilities
Permits and Existing Facility Permits) and not under the APA.
(d)
The commission's response to public comments and the notice
of its decision on whether to issue or deny a pipeline facilities permit or
an existing facility permit will be conducted in accordance with the procedures
in §116.842 of this title (relating to Notice of Final Action).
(e)
A person affected by a decision to issue or deny a pipeline
facilities permit or an existing facility permit may seek review, as appropriate,
under the appropriate procedure in Chapter 50 of this title (relating to Action
on Applications and Other Authorizations), and may seek judicial review under
TCAA, §382.032, relating to Appeal of Commission Action.
§116.781.Notice and Comment Hearings for Initial Issuance of Pipeline Facilities Permits and Existing Facility Permits.
(a)
The notice and comment hearing requirements apply only
to the initial issuance of a pipeline facilities permit or an existing facility
permit.
(b)
The commission shall decide whether to hold a hearing.
The commission is not required to hold a hearing if it determines that the
basis of the request by a person who may be affected by emissions from a grandfathered
facility is unreasonable. If a hearing is requested by a person who may be
affected by emissions from a grandfathered facility, and that request is reasonable,
the commission will hold a hearing.
(c)
At the applicant's expense, notice of a hearing on a draft
permit must be published in the public notice section of one issue of a newspaper
of general circulation in the municipality in which the grandfathered facility
is located, or in the municipality nearest to the location of the facility.
The notice must be published at least 30 days before the date set for the
hearing. The notice must include the following:
(1)
the time, place, and nature of the hearing;
(2)
a brief description of the purpose of the hearing; and
(3)
the name and phone number of the commission office to be
contacted to verify that a hearing will be held.
(d)
Any person, including the applicant, may submit oral or
written statements and data concerning the draft permit.
(1)
The commission may set reasonable time limits for oral
statements, and may require the submission of statements in writing.
(2)
The period for submitting written comments is automatically
extended to the close of any hearing.
(3)
At the hearing, the commission may extend the period for
submitting written comments beyond the close of the hearing.
(e)
The commission will make an audio recording or written
transcript of the hearing available to the public.
(f)
Any person, including the applicant, who believes that
any condition of the draft permit is inappropriate or that the preliminary
decision to issue or deny the permit is inappropriate, shall raise all issues
and submit all arguments supporting that position by the end of the public
comment period.
(g)
Any supporting materials for comments submitted under subsection
(f) of this section must be included in full and may not be incorporated by
reference, unless the materials are one of the following:
(1)
already part of the administrative record in the same proceedings;
(2)
state or federal statutes and regulations;
(3)
EPA documents of general applicability; or
(4)
other generally available reference materials.
(h)
The commission will keep a record of all comments received
and issues raised in the hearing. This record will be available to the public.
(i)
The draft permit may be changed based on comments pertaining
to whether the permit provides for compliance with the requirements of this
subchapter.
(j)
The commission will respond to comments consistent with §116.783
of this title (relating to Notice of Final Action on Pipeline Facilities Permit
Applications and Existing Facility Permit Applications).
§116.783.Notice of Final Action on Pipeline Facilities Permit Applications and Existing Facility Permit Applications.
(a)
After the public comment period expires or the conclusion
of any notice and comment hearing, the commission will send notice by first-class
mail of the final action on the pipeline facilities permit application or
the existing facility permit application to any person who commented during
the public comment period or at the hearing, and to the applicant.
(b)
The notice must include the following:
(1)
the response to any comments submitted during the public
comment period;
(2)
identification of any change in the conditions of the draft
permit and the reasons for the change; and
(3)
a statement that any person affected by the decision of
the commission may petition for a rehearing under the appropriate procedure
in Chapter 50 of this title (relating to Action on Applications and Other
Authorizations) and may seek judicial review under TCAA, §382.032, relating
to Appeal of Commission Action.
§116.785.Permit Fee.
(a)
Fees required. Any person who applies for a permit under
this division relating to small business stationary source permits, pipeline
facility permits, and existing facility permits must remit a fee of $450 at
the time of application for such permit. If the facility is a small business
stationary source facility as defined in TCAA, §382.0365(h), the fee
shall be $100.
(b)
Payment of fees. All permit fees must be remitted in the
form of a check or money order made payable to the Texas Natural Resource
Conservation Commission and delivered to the Texas Natural Resource Conservation
Commission, P.O. Box 13088, MC 214, Austin, Texas 78711-3088. Required fees
must be received before the commission will begin examination of the application.
(c)
Return of fees. Fees must be paid at the time an application
for a permit is submitted in accordance with this division. If the applicant
withdraws the application prior to issuance of the permit, one-half of the
fee will be refunded, except that the entire fee will be refunded for any
such application for which a permit by rule in accordance with Chapter 106
of this title (relating to Permits by Rule) is allowed. No fees will be refunded
after a deficient application has been voided, denied, or after a permit has
been issued by the commission.
§116.786.General and Special Conditions.
(a)
Permits issued under this division relating to small business
stationary source permits, pipeline facility permits, and existing facility
permits may contain general and special conditions. The holders of a permit
under this division shall comply with any and all such conditions.
(b)
General conditions. Holders of permits issued under this
division shall comply with the following general conditions, regardless of
whether they are specifically stated within the permit document.
(1)
Sampling requirements.
(A)
If sampling is required, the permit holder shall contact
the commission's Office of Compliance and Enforcement prior to sampling to
obtain the proper data forms and procedures.
(B)
All sampling and testing procedures must be approved by
the executive director and coordinated with the regional representatives of
the commission.
(C)
The permit holder is also responsible for providing sampling
facilities and conducting the sampling operations, or contracting with an
independent sampling consultant.
(2)
Equivalency of methods. The permit holder must demonstrate
or otherwise justify the equivalency of emission control methods, sampling
or other emission testing methods, and monitoring methods proposed as alternatives
to methods indicated in the conditions of the permit. Alternative methods
shall be applied for in writing and must be reviewed and approved by the executive
director prior to their use in fulfilling any requirements of the permit.
(3)
Recordkeeping. The permit holder shall:
(A)
maintain a copy of the permit along with records containing
the information and data sufficient to demonstrate compliance with the permit,
including production records and operating hours;
(B)
keep all required records in a file at the plant site.
If, however, the facility normally operates unattended, records shall be maintained
at the nearest staffed location within the State of Texas as specified in
the application;
(C)
make the records available at the request of personnel
from the commission or any air pollution control program having jurisdiction;
(D)
comply with any additional recordkeeping requirements specified
in special conditions attached to the permit; and
(E)
retain information in the file for at least two years following
the date that the information or data is obtained.
(4)
Maximum allowable emission rates. The total emissions of
air contaminants from any of the sources of emissions must not exceed the
values stated on the table attached to the permit entitled "Emission Sources--Maximum
Allowable Emission Rates."
(5)
Maintenance of emission control. The permitted facilities
shall not be operated unless all air pollution emission capture and abatement
equipment is maintained in good working order and operating properly during
normal facility operations. The permit holder shall provide notification for
upset and maintenance in accordance with §101.6 and §101.7 of this
title (relating to Upset Reporting and Recordkeeping Requirements; and Maintenance,
Startup and Shutdown Reporting, Recordkeeping, and Operational Requirements).
(6)
Compliance with rules.
(A)
Acceptance of a permit by an applicant constitutes an acknowledgment
and agreement that the permit holder will comply with all rules, regulations,
and orders of the commission issued in conformity with the TCAA and the conditions
precedent to the granting of the permit.
(B)
If more than one state or federal rule or regulation or
permit condition are applicable, the most stringent limit or condition shall
govern and be the standard by which compliance shall be demonstrated.
(C)
Acceptance includes consent to the entrance of commission
employees and agents into the permitted premises at reasonable times to investigate
conditions relating to the emission or concentration of air contaminants,
including compliance with the permit.
(c)
Special conditions. The holders of permits issued under
this division shall comply with all special conditions contained in the permit
document.
(1)
Special conditions may be attached to a permit that are
more restrictive than the requirements of this title.
(2)
Special conditions for written approval.
(A)
The executive director may require as a special condition
that the permit holder obtain written approval before constructing a source
under:
(i)
a standard permit in accordance with Subchapter F of this
chapter (relating to Standard Permits); or
(ii)
a permit by rule in accordance with Chapter 106 of this
title (relating to Permits by Rule).
(B)
Such written approval may be required if the executive
director specifically finds that an increase of a particular pollutant could
either:
(i)
result in a significant impact on the air environment;
or
(ii)
cause the facility to become subject to review in accordance
with:
(I)
Subchapter C of this chapter (relating to Hazardous Air
Pollutants: Regulations Governing Constructed or Reconstructed Major Sources
(FCAA, Section 112(g), 40 CFR Part 63)); or
(II)
the provisions in §116.150 and §116.151 of this
title (relating to Nonattainment Review), and §§116.160 - 116.163
of this title (relating to Prevention of Significant Deterioration Review).
§116.787.Amendments and Alterations of Permits Issued Under this Division.
The owner or operator planning the modification of a facility permitted
under this division relating to small business stationary source permits,
pipeline facility permits, and existing facility permits must comply with
the requirements of Subchapter B of this chapter (relating to New Source Review
Permits) before work begins on the construction of the modification. Amendments
and alterations for permits issued under this division are subject to the
requirements of Subchapter B of this chapter.
§116.788.Renewal of Permits Issued Under this Division.
Permits issued under this division (relating to Small Business Stationary
Source Permits, Pipeline Facilities Permits, and Existing Facility Permits)
shall be renewed in accordance with the requirements of Subchapter D of this
chapter (relating to Permit Renewals).
§116.790.Delegation.
The commission may delegate to the executive director the authority
to take any action on a permit issued under this division relating to small
business stationary source permits, pipeline facility permits, and existing
facility permits.
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 December 20, 2001.
TRD-200108181
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 239-5017
Subchapter C. VEHICLE INSPECTION AND MAINTENANCE AND LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM
Chapter 115.
CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS
Texas Natural Resource Conservation
Commission (commission)
], the terms used by the commission have the
meanings commonly ascribed to them in the field of air pollution control.
In addition to the terms which are defined by the TCAA, the following terms,
when used in this chapter, shall have the following meanings, unless the context
clearly indicates otherwise. Additional definitions for terms used in this
chapter are found in §101.1 [
of this title (relating to Definitions)
] and §3.2 of this title (relating to Definitions).
load
] oil, gasoline, or other volatile
organic liquid bulk cargo
to or from
[
into
] a marine
vessel. A marine terminal
may include
[
consists of
]
one or more marine loading facilities.
Subchapter B. GENERAL VOLATILE ORGANIC COMPOUND SOURCES
(a)
]
Alternate
[
For all persons
in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/ Galveston
areas, alternate
] methods of demonstrating and documenting continuous
compliance with the applicable control requirements or exemption criteria
in this
division
[
section
] may be approved by the
executive director
[
Executive Director
] in accordance with §115.910
of this title (relating to Availability of Alternate Means of Control) if
emission reductions are demonstrated to be substantially equivalent.
; and
]
United States Environmental Protection Agency
(EPA)
], or local air pollution control agencies.
(relating to Inspection Requirements)
] shall be
recorded.
(relating to Definitions)
], to determine if breakthrough has occurred
.
[
; and
]
(relating
to Testing Requirements)
] shall be maintained at an affected facility.
psia
] (10.3 kPa) at storage conditions is
exempt from the requirements of this
division
[
undesignated
head
] (relating to the Storage of Volatile Organic Compounds).
undesignated
head concerning storage of volatile organic compounds
].
undesignated
head concerning storage of volatile organic compounds
].
undesignated
head (relating to the Storage of Volatile Organic Compounds)
].
undesignated
head
].
undesignated
head
].
(relating to Control Requirements)
].
undesignated head (relating to the Storage of Volatile Organic
Compounds)
].
(relating to Control Requirements)
].
(relating to Control Requirements)
] if construction began before May 12, 1973.
(relating to Control Requirements)
].
3.
WATER SEPARATION
standard exemption
] required by Chapter 116
or Chapter 106 of this title (relating to Control of Air Pollution by Permits
for New Construction or Modification; and
Permits by Rule
[
Exemptions from Permitting
]). If a
permit by rule
[
standard exemption
] is available for the project, compliance with this
subsection must be maintained for 30 days after the filing of documentation
of compliance with that
permit by rule
[
standard exemption
]; or
standard exemption
] is not
required for the project, the owner/operator has given the executive director
30 days' notice of the project in writing.
(relating
to Emission Specifications)
].
(relating
to Emission Specifications)
].
(a)
]
Alternate
[
For all persons
in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas, alternate
] methods of demonstrating and documenting continuous
compliance with the applicable control requirements or exemption criteria
in this
division (relating to Water Separation)
[
section
] may be approved by the
executive director
[
Executive
Director
] in accordance with §115.910 of this title (relating to
Alternate Means of Control) if emission reductions are demonstrated to be
substantially equivalent.
; and
]
United States Environmental
Protection Agency (EPA)
], or any local air pollution control agency
having jurisdiction in the area.
(relating to Control Requirements)
] shall maintain
complete and up-to-date records sufficient to demonstrate continuous compliance
with the applicable exemption criteria including, but not limited to, the
names and true vapor pressures of all such materials stored, processed, or
handled at the affected property, and any other necessary operational information.
; and
]
(relating to Testing Requirements)
].
psia
] (3.4 kPa) obtained
from any equipment is exempt from §115.132(a) of this title.
undesignated
head
] (relating to Water Separation), provided that the separator is
fully covered. These separators are not required to be equipped with pressure/vacuum
vents or vapor
control
[
recovery
] systems.
:
]
(relating to Control Requirements)
].
(relating to Control Requirements)
].
(relating to Control Requirements)
].
(relating to Control Requirements)
].
undesignated
head (relating to Water Separation)
], provided that the separator is
fully covered. These separators are not required to be equipped with pressure/vacuum
vents or vapor
control
[
recovery
] systems.
:
]
(relating to Control Requirements)
].
(relating to Control Requirements)
].
(relating to Control Requirements)
].
undesignated
head (relating to Water Separation)
], provided that the separator is
fully covered. These separators are not required to be equipped with pressure/vacuum
vents or vapor
control
[
recovery
] systems.
undesignated head
] (relating to Water Separation)
as required by §115.930 of this title (relating to Compliance Dates).
4.
INDUSTRIAL WASTEWATER
§115.10 of this title (relating to Definitions), §101.1
of this title (relating to Definitions), and §3.2
] of this title
(relating to Definitions).
Texas Natural Resource Conservation Commission
] account
number.
:
]
(relating to Inspection and Monitoring Requirements)
].
(concerning to Approved
Test Methods)
] may be used if validated by 40 CFR 63, Appendix A, Test
Method 301 (effective December 29, 1992). For the purposes of this paragraph,
substitute "executive director" each place that Test Method 301 references
"administrator."
10
] megagrams (Mg) (11.03 tons) is
exempt from the control requirements of §115.142 of this title (relating
to Control Requirements).
10
] Mg (11.03 tons), any person who is the owner or
operator of the plant may exempt from the control requirements of §115.142
of this title one or more affected VOC wastewater streams for which the sum
of the annual VOC loading in wastewater for all of the exempted streams is
less than or equal to
ten
[
10
] Mg (11.03 tons).
this division
] apply
is exempt from the requirements of any other
division
[
portion
] of this chapter.
(relating to Industrial Wastewater)
].
(relating to Industrial
Wastewater)
].
5.
MUNICIPAL SOLID WASTE LANDFILLS
undesignated head
] (relating
to Municipal Solid Waste Landfills) may be approved by the executive director
in accordance with §115.910 of this title (relating to Availability of
Alternate Means of Control) if emission reductions are demonstrated to be
substantially equivalent.
be in
] compliance with this
division
[
undesignated
head
] (relating to Municipal Solid Waste Landfills) as soon as practicable,
but no later than May 31, 1996.
be in
] compliance with this
division
[
undesignated head (relating to Municipal Solid Waste Landfills)
] as
soon as practicable, but no later than November 15, 1996.
be in
] compliance with this
division
[
undesignated
head (relating to Municipal Solid Waste Landfills)
] as soon as practicable,
but no later than one year, after the commission publishes notification in
the
Texas Register
of its determination that
this contingency rule is necessary as a result of failure to attain the National
Ambient Air Quality Standard (NAAQS) for ozone by the attainment deadline
or failure to demonstrate reasonable further progress as set forth in the
1990 Amendments to the Federal Clean Air Act (FCAA), §172(c)(9).
6.
BATCH PROCESSES
(relating to Exemptions)
] is subject
to the requirements of Division 2 of this subchapter (relating to Vent Gas
Control).
be in
] compliance with this division (relating to Batch Processes) as
soon as practicable, but no later than December 31, 2001. All batch process
operations subject to this division in Hardin, Jefferson, and Orange Counties
shall continue to comply with the requirements of Division 2 of this subchapter
(relating to Vent Gas Control) until these batch process operations are in
compliance with the requirements of this division.
be in
] compliance
with this division (relating to Batch Processes) as soon as practicable, but
no later than December 31, 2002. All batch process operations subject to this
division in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery,
and Waller Counties shall continue to comply with the requirements of Division
2 of this subchapter (relating to Vent Gas Control) until these batch process
operations are in compliance with the requirements of this division.
Subchapter C. VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS
§115.213(b)
] of this title,
is not required to control vapors caused by loading VOC.
Subchapter D. PETROLEUM REFINING, NATURAL GAS PROCESSING, AND PETROCHEMICAL PROCESSES
:
]
§115.312(a)
] of this title (relating to Control Requirements).
§115.312(a)
] of this title.
:
]
:
]
volatile organic compound
(VOC)
] concentration of no more than 20 parts per million by volume
(ppmv) (on a dry basis corrected to 3.0% oxygen for combustion devices):
Centigrade
]);
recovery
]
system, as defined in §115.10 of this title (relating to Definitions).
:
]
Centigrade
]);
recovery
]
system, as defined in §115.10 of this title.
(a)
]
Alternate
[
For all affected
persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas, alternate
] methods of demonstrating and documenting continuous
compliance with the applicable control requirements in this
division
[
undesignated head
] (relating to Process Unit Turnaround
and Vacuum-Producing Systems in Petroleum Refineries) may be approved by the
executive director in accordance with §115.910 of this title (relating
to Availability of Alternate Means of Control) if emission reductions are
demonstrated to be substantially equivalent.
:
]
; and
]
Texas Air Control Board (TACB)
],
EPA
[
United States Environmental Protection Agency (EPA)
],
or local air pollution control agencies.
:
]
(relating to Emission Specifications)
] shall keep the following records:
(relating to Definitions)
], to determine breakthrough
.
[
; and
]
(relating to Control Requirements)
] shall keep the following records:
(relating
to Testing Requirements)
] shall be maintained at the affected facility.
TACB
], EPA, or local air pollution control
agencies.
undesignated head
] (relating
to Process Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries)
as required by §115.930 of this title (relating to Compliance Dates).
2.
FUGITIVE EMISSION CONTROL IN PETROLEUM REFINERIES IN GREGG, NUECES, AND VICTORIA COUNTIES
:
]
safety
] pressure relief valves,
no valves shall be installed or operated at the end of a pipe or line containing
a VOC, unless the pipe or line is sealed with a second valve, a blind flange,
a plug, or a cap. The sealing device may be removed only while a sample is
being taken or during maintenance operations, and when closing the line, the
upstream valve shall be closed first.
Centigrade
]) in accordance
with
American Petroleum Institute (API)
[
API
] Publication
2517, Third Edition, 1989; or
:
]
ppmv
] of volatile organic compound (VOC) detected by the monitoring program
required by §115.324 of this title (relating to Inspection Requirements).
This log shall contain, at a minimum, the following data:
(D)
] the date on which a leaking
component is discovered;
(E)
] the date on which a leaking
component is repaired;
(F)
] the date and instrument reading
of the recheck procedure after a leaking component is repaired;
and
(H)
] those leaks that cannot be
repaired until turnaround; [
and
]
(I)
] the total number of components
checked and the total number of components found leaking
; and
[
.
]
:
]
(5 cm)
] or less are exempt from the requirements of
this division (relating to Fugitive Emission Control in Petroleum Refineries
in Gregg, Nueces, and Victoria Counties), provided allowable emissions at
any refinery from sources affected by
this division
[
these
sections
] after controls are applied with exemptions will not exceed
by more than 5.0% such allowable emissions with no exemptions. Any person
claiming an exemption for valves two inches (
five
[
5
]
cm) nominal size or smaller under this section shall, at the time he provides
his control plan, also provide the following information:
psia
] (1.013 kPa) at 68 degrees
Fahrenheit (20 degrees Celsius) are exempt from the requirements of §115.324
of this title if the components are inspected visually according to the inspection
schedules specified within this same section.
(relating to Inspection Requirements)
].
3.
FUGITIVE EMISSION CONTROL IN PETROLEUM REFINING, NATURAL GAS/GASOLINE PROCESSING, AND PETROCHEMICAL PROCESSES IN OZONE NONATTAINMENT AREAS
safety
] pressure relief valves,
no valves shall be installed or operated at the end of a pipe or line containing
VOC unless the pipe or line is sealed with a second valve, a blind flange,
a plug, or a cap. The sealing device may be removed only while a sample is
being taken or during maintenance operations, and when closing the line, the
upstream valve shall be closed first.
undesignated head
] (relating to Fugitive Emission Control in Petroleum Refining, Natural
Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment
Areas) may be approved by the executive director in accordance with §115.910
of this title (relating to Availability of Alternate Means of Control) if
emission reductions are demonstrated to be substantially equivalent.
undesignated head
] (relating to Fugitive Emission Control in Petroleum
Refining
, Natural Gas/Gasoline Processing,
and Petrochemical Processes
in Ozone Nonattainment Areas)
shall be determined by applying the following
test methods, as appropriate:
API
] Publication 2517, Third Edition, 1989;
Maintain
] a components
monitoring log which shall contain, at a minimum, the following data:
(ii)
] the date on which a leaking
component is repaired;
(iii)
] the date and instrument
reading of the recheck procedure after a leaking component is repaired; and
(iv)
] those leaks that cannot be
repaired until a unit shutdown;
.
]
Records
] of the visual,
audible, and olfactory inspections of flanges are not required unless a leak
is detected
; and
[
.
]
Maintain
] all monitoring
records for at least two years and make them available for review upon request
by authorized representatives of the executive director,
EPA
[
United States Environmental Protection Agency
], or local air pollution
control agencies.
VOCs
] having a true vapor
pressure equal to or less than 0.044 pounds per square inch absolute
(psia)
(0.3 kPa) at 68 degrees Fahrenheit (20 degrees Celsius) are exempt
from the requirements of §115.354 of this title (relating to Inspection
Requirements) if the components are inspected visually according to the inspection
schedules specified within this same section.
undesignated
head
], except that each pressure relief valve equipped with a rupture
disk shall comply with §115.352(9) of this title (relating to Control
Requirements).
undesignated head
].
undesignated
head
].
ppmv
]. These components will remain in the fugitive monitoring
program and be repaired no later than 15 calendar days after the concentration
of VOC detected via Test Method 21 exceeds 10,000 ppmv. For the purposes of
this
division
[
undesignated head
], components which
contact a process fluid with greater than 85% ethylene, propane, or propylene
by weight are considered in ethylene, propane, or propylene service, respectively.
(relating to Control Requirements)
].
be in compliance
] with
this division (relating to Fugitive Emission
Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
Processes in Ozone Nonattainment Areas)
[
§115.352 of this
title (relating to Control Requirements), §115.353 of this title (relating
to Alternate Control Requirements), §115.354 of this title (relating
to Inspection Requirements), §115.355 of this title (relating to Testing
Requirements), §115.356 of this title (relating to Monitoring and Recordkeeping
Requirements), and §115.357 of this title (relating to Exemptions)
]
as
required by §115.930 of this title (relating to Compliance Dates)
[
soon as practicable, but no later than November 15, 1996
].
Subchapter E. SOLVENT-USING PROCESSES
(RR)
] Insulation covering -- Material
that is applied to foam insulation to protect the insulation from mechanical
or environmental damage.
(SS)
] Intermediate release coating
-- A thin coating applied beneath topcoats to assist in removing the topcoat
in depainting operations and generally to allow the use of less hazardous
depainting methods.
(TT)
] Lacquer -- A clear or pigmented
coating formulated with a nitrocellulose or synthetic resin to dry by evaporation
without a chemical reaction. Lacquers are resoluble in their original solvent.
(UU)
] Limited access space -- Internal
surfaces or passages of an aerospace vehicle or component that cannot be reached
without the aid of an airbrush or a spray gun extension for the application
of coatings.
(VV)
] Metalized epoxy coating --
A coating that contains relatively large quantities of metallic pigmentation
for appearance and/or added protection.
(WW)
] Mold release -- A coating
applied to a mold surface to prevent the molded piece from sticking to the
mold as it is removed.
(XX)
] Monthly weighted average
--
The
[
the
] total weight of VOC emission from all coatings
divided by the total volume of those coatings (minus water and exempt solvents)
delivered to the application system each calender month. Coatings shall not
be combined for purposes of calculating the monthly weighted average. In addition,
determination of compliance is based on each individual coating operation.
(YY)
] Nonstructural adhesive --
An adhesive that bonds nonload bearing aerospace components in noncritical
applications and is not covered in any other specialty adhesive categories.
(ZZ)
] Operating parameter value
-- A minimum or maximum value established for a control equipment or process
parameter that, if achieved by itself or in combination with one or more other
operating parameter values, determines that an owner or operator has continued
to comply with an applicable emission limitation.
(AAA)
] Optical antireflection
coating -- A coating with a low reflectance in the infrared and visible wavelength
ranges that is used for antireflection on or near optical and laser hardware.
(BBB)
] Part marking coating --
Coatings or inks used to make identifying markings on materials, components,
and/or assemblies of aerospace vehicles. These markings may be either permanent
or temporary.
(CCC)
] Pretreatment coating --
An organic coating that contains at least 0.5% acids by weight and is applied
directly to metal or composite surfaces to provide surface etching, corrosion
resistance, adhesion, and ease of stripping.
(DDD)
] Primer -- The first layer
and any subsequent layers of identically formulated coating applied to the
surface of an aerospace vehicle or component. Primers are typically used for
corrosion prevention, protection from the environment, functional fluid resistance,
and adhesion of subsequent coatings. Primers that are defined as specialty
coatings are not included under this definition.
(EEE)
] Radome -- The nonmetallic
protective housing for electromagnetic transmitters and receivers (e.g., radar,
electronic countermeasures, etc.).
(FFF)
] Rain erosion-resistant
coating -- A coating or coating system used to protect the leading edges of
parts such as flaps, stabilizers, radomes, engine inlet nacelles, etc. against
erosion caused by rain impact during flight.
(GGG)
] Research and development
-- An operation whose primary purpose is for research and development of new
processes and products and that is conducted under the close supervision of
technically trained personnel and is not involved in the manufacture of final
or intermediate products for commercial purposes, except in a de minimis manner.
(HHH)
] Rocket motor bonding adhesive
-- An adhesive used in rocket motor bonding applications.
(III)
] Rocket motor nozzle coating
-- A catalyzed epoxy coating system used in elevated temperature applications
on rocket motor nozzles.
(JJJ)
] Rubber-based adhesive --
A quick setting contact cement that provides a strong, yet flexible bond between
two mating surfaces that may be of dissimilar materials.
(KKK)
] Scale inhibitor -- A coating
that is applied to the surface of a part prior to thermal processing to inhibit
the formation of scale.
(LLL)
] Screen print ink -- An
ink used in screen printing processes during fabrication of decorative laminates
and decals.
(MMM)
] Sealant -- A material used
to prevent the intrusion of water, fuel, air, or other liquids or solids from
certain areas of aerospace vehicles or components. There are two categories
of sealants: extrudable/rollable/brushable sealants and sprayable sealants.
(NNN)
] Seal coat maskant -- An
overcoat applied over a maskant to improve abrasion and chemical resistance
during production operations.
(OOO)
] Self-priming topcoat --
A topcoat that is applied directly to an uncoated aerospace vehicle or component
for purposes of corrosion prevention, environmental protection, and functional
fluid resistance. More than one layer of identical coating formulation may
be applied to the vehicle or component.
(PPP)
] Semiaqueous cleaning solvent
-- A solution in which water is a primary ingredient. More than 60% by volume
of the solvent solution as applied must be water.
(QQQ)
] Silicone insulation material
-- An insulating material applied to exterior metal surfaces for protection
from high temperatures caused by atmospheric friction or engine exhaust. These
materials differ from ablative coatings in that they are not "sacrificial."
(RRR)
] Solid film lubricant --
A very thin coating consisting of a binder system containing as its chief
pigment material one or more of the following: molybdenum, graphite, polytetrafluoroethylene,
or other solids that act as a dry lubricant between faying (i.e., closely
or tightly fitting) surfaces.
(SSS)
] Space vehicle -- A man-made
device, either manned or unmanned, designed for operation beyond earth's atmosphere.
This definition includes integral equipment such as models, mock-ups, prototypes,
molds, jigs, tooling, hardware jackets, and test coupons. Also included is
auxiliary equipment associated with test, transport, and storage, that through
contamination can compromise the space vehicle performance.
(TTT)
] Specialty coating -- A
coating that, even though it meets the definition of a primer, topcoat, or
self-priming topcoat, has additional performance criteria beyond those of
primers, topcoats, and self- priming topcoats for specific applications. These
performance criteria may include, but are not limited to, temperature or fire
resistance, substrate compatibility, antireflection, temporary protection
or marking, sealing, adhesively joining substrates, or enhanced corrosion
protection.
(UUU)
] Specialized function coating
-- A coating that fulfills extremely specific engineering requirements that
are limited in application and are characterized by low volume usage. This
category excludes coatings covered in other specialty coating categories.
(VVV)
] Structural autoclavable
adhesive -- An adhesive used to bond load-carrying aerospace components that
is cured by heat and pressure in an autoclave.
(WWW)
] Structural nonautoclavable
adhesive -- An adhesive cured under ambient conditions that is used to bond
load-carrying aerospace components or other critical functions, such as nonstructural
bonding in the proximity of engines.
(XXX)
] Surface preparation --
The removal of contaminants from the surface of an aerospace vehicle or component
or the activation or reactivation of the surface in preparation for the application
of a coating.
(YYY)
] Temporary protective coating
-- A coating applied to provide scratch or corrosion protection during manufacturing,
storage, or transportation. Two types include peelable protective coatings
and alkaline removable coatings. These materials are not intended to protect
against strong acid or alkaline solutions. Coatings that provide this type
of protection from chemical processing are not included in this category.
(ZZZ)
] Thermal control coating
-- A coating formulated with specific thermal conductive or radiative properties
to permit temperature control of the substrate.
(AAAA)
] Topcoat -- A coating
that is applied over a primer on an aerospace vehicle or component for appearance,
identification, camouflage, or protection. Topcoats that are defined as specialty
coatings are not included under this definition.
(BBBB)
] Touch-up and repair coating
-- A coating used to cover minor coating imperfections appearing after the
main coating operation.
(CCCC)
] Touch-up and repair
operation -- That portion of the coating operation that is the incidental
application of coating used to cover minor imperfections in the coating finish
or to achieve complete coverage. This definition includes out-of-sequence
or out-of-cycle coating.
(DDDD)
] VOC composite vapor pressure
-- The sum of the partial pressures of the compounds defined as VOCs
,
[
and is
] determined by the following calculation:
Figure: 30 TAC §115.420(b)(1)(DDDD)
]
(EEEE)
] Waterborne (water-reducible)
coating -- A coating which contains more than 5.0% water by weight as applied
in its volatile fraction.
(FFFF)
] Wet fastener installation
coating -- A primer or sealant applied by dipping, brushing, or daubing to
fasteners that are installed before the coating is cured.
(GGGG)
] Wing coating -- A corrosion-resistant
topcoat that is resilient enough to withstand the flexing of the wings.
basecoat (Bc)/clearcoat
(cc)
] system shall be calculated according to the following formula:
, and
] United States Department of Defense classified
coatings;
and
separate
coating
formulations in volumes
less than 50 gallons per year to a maximum of 200 gallons per year for all
such formulations
at an account
.
To
] apply finishing materials
that have a VOC content no greater than 1.0 kilograms of VOC per kilogram
of solids (1.0 pounds of VOC per pound of solids), as delivered to the application
system;
For
] touch-up and repair under
the following circumstances:
The
] finishing materials are
applied after completion of the finishing operation; or
The
] finishing materials are
applied after the stain and before any other type of finishing material is
applied, and the finishing materials are applied from a container that has
a volume of no more than 2.0 gallons.
If
] spray is automated, that
is, the spray gun is aimed and triggered automatically, not manually;
If
] emissions from the finishing
application station are directed to a vapor control system;
The
] conventional air gun is
used to apply finishing materials and the cumulative total usage of that finishing
material is no more than 5.0% of the total gallons of finishing material used
during that semiannual period; or
The
] conventional air gun is
used to apply stain on a part for which:
and
] semiaqueous
, and hydrocarbon-based
cleaning
solvents
, as defined in §115.420(b)(1) of this title,
are
exempt from this subparagraph.
By
] Rule). If a permit by rule is available
for the project, compliance with this subsection must be maintained for 30
days after the filing of documentation of compliance with that permit by rule;
or
4.
OFFSET LITHOGRAPHIC PRINTING
§115.10 of this title (relating to Definitions), §101.1 of this
title (relating to Definitions), and §3.2
] of this title (relating
to Definitions).
,
] (which includes methanol, ethanol, propanol, and butanol).
:
]
:
]
or
]
.
]
ppmv
] is maintained,
whichever is less stringent when the press is in operation.
U.S. Environmental Protection Agency
(EPA)
] guidelines series document "Procedures for Certifying Quantity
of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings,"
EPA-450/3-84-019, as in effect December 1984; or
60.444
]
(effective October 18,
1983)
.
(relating to Definitions)
], to determine if breakthrough has occurred.
§115.442(1)(A)
- (D)
] of this title (relating to Control Requirements) shall monitor
the temperature of the fountain solution reservoir at least once per hour.
Alternatively, the owner or operator of any offset lithographic printing press
using refrigeration equipment on the fountain solution shall install, maintain,
and continuously operate a temperature monitor of the fountain solution reservoir.
The temperature monitor shall be attached to a continuous recording device
such as a strip chart, recorder, or computer.
(relating to Control Requirements)
].
the
] EPA, or
any
[
the
]
local air pollution agency having jurisdiction in the area.
Subchapter F. MISCELLANEOUS INDUSTRIAL SOURCES
standard exemption
] required by Chapter 116
or Chapter 106 of this title (relating to Control of Air Pollution by Permit
for New Construction or Modification; and
Permits by Rule
[
Exemptions from Permitting
]). If a
permit by rule
[
standard exemption
] is available for the project, compliance with this
subsection must be maintained for 30 days after the filing of documentation
of compliance with that
permit by rule
[
standard exemption
]; or
standard exemption
] is not
required for the project, the owner/operator has given the executive director
30 days' notice of the project in writing.
(relating
to Emission Specifications)
] shall be controlled by a system with a
reduction efficiency of at least 90% of the uncontrolled emissions.
(a)
Alternate
[
For all affected
persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas, alternate
] methods of demonstrating and documenting continuous
compliance with the applicable control requirements or exemption criteria
in this
division
[
undesignated head
] (relating to Pharmaceutical
Manufacturing Facilities) may be approved by the executive director in accordance
with §115.910 of this title (relating to Availability of Alternate Means
of Control) if emission reductions are demonstrated to be substantially equivalent.
undesignated head
concerning Pharmaceutical Manufacturing Facilities
] shall be determined
by applying the following test methods, as appropriate:
undesignated head
] shall be determined
by applying the following test methods
,
[
.
] as appropriate:
undesignated head
] (relating
to Pharmaceutical Manufacturing Facilities) as required by §115.930 of
this title (relating to Compliance Dates).
3.
DEGASSING OR CLEANING OF STATIONARY, MARINE, AND TRANSPORT VESSELS
:
]
§115.10
] of this title
(relating to
Definitions)
, which have a nominal storage capacity of 10,000 barrels
(420,000 gallons) or more and contain VOCs.
§115.10
] of this title, containing VOCs shall have all cargo
tank closures properly secured, or maintain a negative pressure within the
tank when a closure is opened, and shall have all pressure/vacuum relief valves
operating within certified limits as specified by classification society or
flag state until the vapors are discharged to a vapor control system if the
vessel is degassed or cleaned.
explosion
] limit
(LEL)
. After one of these conditions has
been satisfied, the marine vessel may be vented to the atmosphere for the
remainder of the degassing or cleaning process.
undesignated head
] may be approved by the
executive director
[
Executive
Director
] in accordance with §115.910 of this title (relating to
Availability of Alternate Means of Control) if emission reductions are demonstrated
to be substantially equivalent.
60.503
] b, c, and d
(effective February 14, 1989)
[
,
] for determining compliance for bulk gasoline terminals;
determination of cargo tank pressurization method described
in
] 40 CFR
§61.304(f) (effective October 17, 2000) for determination
of marine vessel vapor tightness
[
61.304(f)
]; or
Texas Natural
Resource Conservation Commission
],
EPA
[
United States
Environmental Protection Agency
], or any local air pollution control
agency having jurisdiction in the area:
61.354(d)
], of any carbon adsorption system
that does not regenerate the carbon bed directly, to determine breakthrough;
[
and
]
undesignated head
].
undesignated head
].
§115.541(3)
] and §115.542(b)
of this title (relating to Emission Specifications and Control Requirements);
however, all reasonable measures shall be taken to minimize VOC emissions.
undesignated head
].
El Paso,
] Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty,
Montgomery, Orange, and Waller Counties shall
continue to comply
[
be in compliance
] with this
division
[
undesignated
head
] (relating to Degassing or Cleaning of Stationary, Marine, and
Transport Vessels) as
required by §115.930 of this title (relating
to Compliance Dates)
[
soon as practicable, but no later than November
15, 1996
].
undesignated
head
] as soon as practicable, but no later than one year, after the
commission
[
Texas Natural Resource Conservation Commission (TNRCC)
] publishes notification in the
Texas Register
of its determination that this contingency rule is necessary as a
result of failure to attain the national ambient air quality standard (NAAQS)
for ozone by the attainment deadline or failure to demonstrate reasonable
further progress as set forth in the 1990 Amendments to the Federal Clean
Air Act (FCAA), §172(c)(9).
undesignated head
] as soon as practicable,
but no later than one year, after the
commission
[
TNRCC
]
publishes notification in the
Texas Register
of its determination that this contingency rule is necessary as a result of
failure to attain the NAAQS for ozone by the attainment deadline or failure
to demonstrate reasonable further progress as set forth in the1990 Amendments
to the FCAA, §172(c)(9).
4.
PETROLEUM DRY CLEANING SYSTEMS
standard exemption
] required by Chapter 116 or Chapter
106 of this title
(relating to
[
(concerning
] Control
of Air Pollution by Permits for New Construction or Modification; and
Permits by Rule
[
Exemptions from Permitting
]). If a
permit by rule
[
standard exemption
] is available for the
project, compliance with this subsection shall be maintained for 30 days after
the filing of documentation of compliance with that
permit by rule
[
standard exemption
]; or
standard exemption
] is not
required for the project, the owner/operator has given the executive director
30 days' notice of the project in writing.
§§115.552,
115.553, and 115.555 - 115.557 of this title (relating to Control Requirements;
Alternate Control Requirements; Testing Methods and Procedures; Recordkeeping
Requirements; and Exemptions)
] as soon as practicable, but no later
than one year, after the
commission
[
Texas Natural Resource
Conservation Commission (commission)
] publishes notification in the
National Ambient Air Quality Standard
]
(NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable
further progress as set forth in the 1990 Amendments to the Federal Clean
Air Act, §172(c)(9).
Subchapter J. ADMINISTRATIVE PROVISIONS
AMOC
] Plans; Calculations for Determining
Alternate Means of Control
[
AMOC
] Reductions; Procedures
for
Alternate Means of Control
[
AMOC
] Plan Submittal;
Public Notice Format; and Review of Approved
Alternate Means of Control
[
AMOC
] Plans and Termination of
Alternate Means of
Control
[
AMOC
] Plans). The AMOC plans not satisfying the
requirements of this
division (relating to Alternate Means of Control)
[
undesignated head
] may apply for a site-specific State
Implementation Plan revision approved by the executive director and
EPA
[
the United States Environmental Protection Agency
].
(relating to Procedures
for Alternate Means of Control Plan Submittal)
] which may not apply
to a single-source AMOC application and for §115.914 and §115.915
of this title (relating to Procedures for an Alternate Means of Control Plan
Approval
;
and Public Notice Format). A single-source AMOC application
is one that proposes only the substitution of one control device for another.
Texas Natural Resource Conservation Commission
] account
number.
, concerning Control of Air
Pollution from Volatile Organic Compounds
]. For each nonattainment area,
the executive director shall establish a limit upon the sum of the increases
of the maximum daily potentials to emit from all AMOC plans in the nonattainment
area. The limit shall be set so that the sum of the maximum daily potentials
to emit shall not increase the measurable or modeled ozone level by one part
per billion.
§116.150 of this title (relating to New
Major Source or Major Modification in Ozone Nonattainment Area), §116.151
of this title (relating to New Major Source or Major Modification in Nonattainment
Area Other Than Ozone), §116.160 of this title (relating to Prevention
of Significant Deterioration Requirements), and §116.161 of this title
(relating to Source Located in an Attainment Area with a Greater Than De Minimis
Impact)
]. Reductions for which the state has claimed credit in a State
Implementation Plan may not be utilized as reductions in an AMOC plan.
, concerning the Control of Air Pollution
from Volatile Organic Compounds
].
TNRCC
] rules for the control of volatile organic compounds
(VOC) emissions from sources of the type(s) to be covered by an alternate
emission limitation and/or control requirement.
TNRCC
] rules limiting VOC emissions from sources of the type(s) to be
covered by an alternate emission limit and/or control requirement.
TNRCC
] monitoring,
testing, reporting, and/or recordkeeping rules have been adopted that satisfy
the criteria of subparagraphs (A) and (B) of this paragraph, then such requirements
or averaging times shall be established on a case-by-case basis.
AMOC ] Reductions.
AMOC
] application exclusively utilizing a source that existed prior
to January 1, 1990, the AMOC application shall use data representative of
actual operations in 1990.
alternate means of control (AMOC)
] applicant shall determine annual emissions limits for each source
included in the AMOC plan by utilizing the best available data and good engineering
practice, which may include the use of statistical techniques to address variations
in the data.
AMOC
] Plans), to determine the credits that must
be generated by other sources.
Texas Natural Resource Conservation
Commission (TNRCC) Regional Office
]; copies to any local air pollution
control program with jurisdiction over the [
TNRCC
] account affected
by the AMOC plan; and copies to the
EPA regional office
[
United States Environmental Protection Agency Regional Office in Dallas
].
TNRCC
] account number, and contact person
including address and telephone number;
TNRCC
] account affected by the AMOC plan; and
Texas Natural Resource Conservation Commission
(TNRCC or commission)
] account affected by the AMOC plan, and the
EPA regional office
[
United States Environmental Protection Agency
(EPA) Regional Office in Dallas
].
Regional Office
], any local
pollution control program with jurisdiction over the [
TNRCC
] account
affected by the AMOC plan, and to each person who submitted timely written
comments. Such notice shall include final AMOC plan provisions, a copy of
the response to comments, and an announcement of the opportunity to appeal
the executive director's determination to the commission. The notice required
by this subsection shall be sent by a means evidencing receipt.
TNRCC
]
of EPA's disapproval of the executive director's final decision. Such notification
shall be in writing and shall include a statement of the reason(s) for the
disapproval and a specific listing of changes to the AMOC plan that must be
made in order to overcome the disapproval. Any time prior to the expiration
of the 45-day period, EPA may notify the executive director that no disapproval
is forthcoming. Upon receipt of a timely EPA disapproval, the executive director
shall void or revise the AMOC plan, and reissue the notice as required by
paragraph (6) of this section.
Texas Natural Resource
Conservation Commission (TNRCC)
] account affected by the alternative
means of control (AMOC) plan is located.
TNRCC
];
TNRCC
] Austin and
appropriate
regional offices
[
Regional Offices
], any local pollution
control program with jurisdiction over the [
TNRCC
] account affected
by the AMOC plan, and the
EPA regional office
[
United States
Environmental Protection Agency's (EPA) Regional Office)
];
TNRCC
] office to be contacted for further information.
TNRCC
], EPA, and any
local pollution control program with jurisdiction over the [
TNRCC
]
account affected by the AMOC plan before the executive director may take final
action on the AMOC plan.
undesignated head
], "compliance date"
shall mean the date by which a source must comply with new or modified sections
of this chapter.
which shall
be made
] available
upon request
to [
the Texas Natural
Resource Conservation Commission
] representatives
of the executive
director, EPA, or any local air pollution control agency having jurisdiction
in the area
[
upon request
].
undesignated head
].
2.
EARLY REDUCTIONS
Texas Natural Resource Conservation
Commission (TNRCC)
] for a six-year extension of the compliance date
for the control requirements imposed by any section of this chapter adopted
after July 9, 1993, provided that the owner or operator of the affected sources
has an approved early reduction application for those sources for which the
owner or operator is seeking an extension as specified in 40
Code of
Federal Regulations
[
CFR
] §63.79, and for which:
Area Other Than Ozone
]) [
,
]
and
§116.161
of this title (relating to Source Located in an Attainment Area with a Greater
Than De Minimis Impact); and
undesignated head
].
TNRCC
] executive director
that emissions data for the identified source reflects verifiable data based
on information for such source. Documentation shall include but is not limited
to:
3.
COMPLIANCE AND CONTROL PLAN REQUIREMENTS
undesignated
head
] if the final compliance date of any provision is after the date
of adoption of the current revision to this chapter. If the compliance dates
are not specified for any provision, the compliance date is past and all affected
persons must be and remain in compliance with the provision as of the original
compliance date.
Texas Natural Resource Commission (TNRCC)
], the owner or operator of
any facility affected by the requirements of any
division
[
undesignated head
] in this chapter [
(Chapter 115)
] shall
submit a control plan for compliance which includes the compliance status
of all emission controls required by this
chapter
[
regulation
], and a detailed description of the method to be followed to achieve
compliance, specifying the exact dates by which the following steps will be
taken to achieve compliance:
regulation
] must be approved by the
executive director
[
Texas
Air Control Board (TACB)
]. Approval of a delayed compliance order by
the
executive director
[
TACB
] does not constitute satisfaction
of all federal requirements nor eliminate the need for
EPA
approval
[
by the United States Environmental Protection Agency
].
the United States Environmental Protection
Agency (EPA)
], the executive director may review the provisions of the
EPA program and the corresponding state program to determine the essential
equivalency of the two programs. If the executive director determines that
the EPA program is essentially equivalent to the requirements for this chapter,
the executive director will state by notice published in the
Texas Register
that the regulated community will be considered to be
in compliance with the new EPA program if they are in compliance with the
applicable provisions of this chapter. Conversely, the regulated community
will be considered to be in compliance with the applicable provisions of this
chapter if they are in compliance with the new EPA program. Notice of intent
to publish such equivalency determination shall be provided to the appropriate
EPA regional office 45 days prior to publication. The executive director shall
review any objection from EPA prior to final publication. Each affected company
must file a notice of intent to inform the state which program they intend
to use. The executive director will then inform the EPA regional office of
each notice of intent.
Chapter 116.
CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION
it was constructed prior to the permit requirements of this chapter
].
(11)
] Peaking unit--An EGF that
has:
(12)
] Person--As defined in §101.330(17)
of this title.
Subchapter H. PERMITS FOR GRANDFATHERED FACILITIES
2.
SMALL BUSINESS STATIONARY SOURCE PERMITS, PIPELINE FACILITIES PERMITS, AND EXISTING FACILITY PERMITS
3.
EXISTING FACILITY FLEXIBLE PERMITS