Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 115.
CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS
The Texas Commission on Environmental Quality (commission) proposes
amendments to §§115.167, 115.169, 115.219, 115.427, and 115.429;
and corresponding revisions to the state implementation plan (SIP).
These amended sections and corresponding revisions to the SIP are proposed
to be submitted to the United States Environmental Protection Agency (EPA).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The 1990 Federal Clean Air Act (FCAA) Amendments authorized EPA to designate
areas failing to meet national ambient air quality standards (NAAQS) for ozone
as nonattainment and to classify them according to severity. The Beaumont-Port
Arthur (BPA) one-hour ozone nonattainment area consists of Hardin, Jefferson,
and Orange Counties. The BPA area was originally classified as a "serious"
one-hour ozone nonattainment area in 1991, and was required to meet the one-hour
ozone NAAQS by November 1999. Based on subsequent review of the BPA area's
ozone monitoring data showing lower recorded ozone levels, EPA reclassified
BPA as "moderate" on April 2, 1996. The commission adopted a series of SIP
revisions culminating in the "Super SIP" submitted in July 1996, which contained
only controls for volatile organic compounds (VOCs). However, the BPA region
did not attain the one-hour ozone standard by the November 1996 deadline for
moderate areas. Based on photochemical modeling demonstrating transport from
the Houston-Galveston-Brazoria (HGB) ozone nonattainment area, the commission
requested an extension of the attainment date to November 2007, the attainment
date for HGB.
On April 16, 1999, EPA proposed, in the
Federal
Register
, to extend the BPA attainment date to November 15, 2007, based
on its ozone transport policy in effect at the time. EPA's transport policy
provided that in determining the appropriate attainment date for an area,
EPA may consider the effect of transport of ozone or its precursors from an
upwind area that interferes with the downwind area's ability to attain. On
May 15, 2001, EPA approved the transport demonstration and extended the attainment
date for the BPA area to November 15, 2007, while retaining the area's classification
as "moderate." Environmental groups subsequently challenged EPA's extension
of attainment dates based on transport in the United States Court of Appeals
for the Fifth Circuit. BPA was one of three areas in the nation for which
suits were filed. On December 11, 2002, the Fifth Circuit Court of Appeals
ruled that EPA is not authorized by the FCAA to extend the area's attainment
date based on transport. On June 19, 2003, EPA proposed, in the
Federal Register
, to reclassify BPA to either serious or severe, with
a November 2005 attainment date for either classification. EPA published final
action in the
Federal Register
on March 30,
2004, effective April 29, 2004, and determined that the BPA area failed to
attain the one-hour NAAQS by the deadline for moderate areas (November 15,
1996) as well as for serious areas (November 15, 1999), as set forth in the
FCAA. EPA reclassified BPA from moderate to serious nonattainment under the
FCAA, as codified in the 42 United States Code (USC), §§7401
The commission adopted the required SIP revision on October 27, 2004. This
proposal fulfills commitments made by the commission in that submittal to
address major source applicability cutoffs for purposes of reasonably available
control technology (RACT) and to address contingency measures previously adopted
under the 15% rate of progress (ROP) requirements.
Under 42 USC, §7511(b), the EPA is required to issue control techniques
guideline (CTG) guidance documents for the purpose of assisting states in
developing reasonably available control technology (RACT) controls for major
sources of VOC emissions. In turn, each state is required to submit a revision
to its SIP that implements RACT regulations for VOC sources in moderate or
above one-hour ozone nonattainment areas. 42 USC, §7511(b)(2)(A) requires
states to submit RACT regulations for VOC sources that are covered by a CTG
issued after November 15, 1990 (the enactment date of the 1990 FCAA), but
prior to the time of attainment. Similarly, 42 USC, §7511(b)(2)(C), requires
that RACT be applied to major VOC sources located in moderate or above one-hour
ozone nonattainment areas that are not the subject of a CTG; such sources
are known as "non-CTG" sources. Limits in state rules must be at least as
stringent as the CTG limits or otherwise must be determined to meet RACT.
The reclassification of BPA from moderate to serious nonattainment resulted
in a change in the major source definition from 100 tons per year (tpy) to
50 tpy. Rules in Chapter 115 for two source categories exempt sources at accounts
that have less than 100 tpy of VOC. In order to ensure that RACT is applied
to all major sources in BPA, the commission is proposing to change the exemption
levels in these rules from 100 tpy to 50 tpy of VOC to conform to the major
source threshold for sources in serious nonattainment areas. The two source
categories are batch process operations and shipbuilding and repair operations.
Shipbuilding and repair operations include surface coating of ships and offshore
oil or gas drilling platforms. The commission published rules for RACT requirements
for batch processes in BPA on November 12, 1999, and published rules for RACT
requirements for shipbuilding and repair operations on April 3, 1998.
This proposed rulemaking will also delete §115.219(d), which requires
control of VOCs from marine terminals in the BPA nonattainment area. This
rule was adopted as a contingency measure in Chapter 115, Subchapter C, Division
1, on January 4, 1995. States are required by 42 USC, §7502(C)(9) to
submit a SIP that provides for the implementation of contingency measures
to be undertaken if the area fails to make reasonable further progress, or
to attain the one-hour NAAQS by the attainment date. This measure has not
been implemented by the commission, even though the BPA area failed to achieve
attainment of the one-hour NAAQS by the attainment date, November 15, 1996.
The 1994 ROP SIP for BPA (November 9, 1994) cited projected VOC emissions
of 13.10 tons per day (tpd) from marine vessel loading, and projected emission
reductions of 10.02 tpd for the contingency rule. If the measure had become
effective and been implemented in 1999, as it would have if EPA had not attempted
to extend the attainment date based on its transport policy, affected sources
would have been required to comply by 2002 (three years after becoming effective).
According to the commission's 2002 emissions inventory, actual emissions from
marine vessel loading in 2002 in BPA were 1.92 tpd, which indicates an emission
reduction of 11.18 tpd. Even though the contingency measure was not put into
effect, equivalent emission reductions were achieved. In addition, photochemical
modeling indicates that reductions in nitrogen oxide (NO
x
) emissions in BPA are more effective in reducing ozone levels than
reductions in VOC emissions. Reductions of 1.0 tpd of NO
x
are equivalent to reductions of 3.8 tpd of VOC. For these reasons,
the BPA SIP is being revised to remove the marine vessel loading contingency
measure. The proposed rule change would delete this contingency measure for
the BPA nonattainment area from Chapter 115.
Reductions in NO
x
have been implemented in
place of the marine vessel loading measure. After expiration of the NO
SECTION BY SECTION DISCUSSION
Administrative and grammatical changes are proposed throughout the sections
to bring the existing rule language into agreement with guidance provided
in the
Texas Legislative Council Drafting Manual
, October 2002. This includes, but is not limited to, replacing the
term "shall" with "must" and replacing the term "which" with "that." The commission
is seeking comment specifically regarding the proposed changes to §§115.167(1)(A),
115.169(a) and (c), 115.219(d), 115.427(a)(3)(H), and 115.429(c). The commission
is not seeking comment on, nor does it intend to make changes to, any other
subsections of these sections with the exception of the administrative and
grammatical changes.
Subchapter B, General Volatile Organic Compound
Sources
Division 6, Batch Processes
§115.167, Exemptions
The proposed amendment to §115.167(1)(A) would change the exemption
level for sites in BPA from 100 tpy of VOC to 50 tpy of VOC in order to ensure
that RACT is applied at all major sources. This change is necessary because
of the reclassification of the BPA area to serious nonattainment with respect
to the one-hour ozone standard.
§115.169, Counties and Compliance Schedules
The proposed amendment to §115.169 would revise the existing text
in §115.169(a) to specify that the owner or operator of batch process
operations at an account that has total VOC emissions (determined before control
but after the last recovery device) of 100 tpy or more shall continue to comply
with this division as required by 30 TAC §115.930. This change would
ensure that sources currently subject to the batch process control requirements
of this division would continue to comply with the applicable requirements.
The reference to the compliance date of December 31, 2001, would be deleted
because this date has passed. The proposal would also delete the requirement
that these sources continue to comply with the requirements of Subchapter
B, Division 2, until the batch process operations are in compliance with the
requirements of Subchapter B, Division 6. This wording is no longer necessary
because the affected operations are already required to be in compliance with
the requirements of Division 6.
The proposed amendment to §115.169 would add a new subsection (c),
to specify that the owner or operator of batch process operations in Hardin,
Jefferson, and Orange Counties that become subject to the control requirements
because of the change in exemption level shall comply with the requirements
as soon as practicable, but no later than December 31, 2006. These batch process
operations must continue to comply with the requirements of Subchapter B,
Division 2, concerning Vent Gas Control, until these batch process operations
are in compliance with the requirements of Subchapter B, Division 6.
Subchapter C: Volatile Organic Compound Transfer
Operations
Division 1: Loading and Unloading of Volatile
Organic Compounds
§115.219, Counties and Compliance Schedules
The proposed amendment to §115.219 would delete subsection (d). Current
analyses indicate that this contingency measure is no longer needed in order
for the BPA area to reach attainment with the one-hour ozone standard. Measures
that have been implemented to reduce NO
x
emissions
have exceeded the reduction targets needed for reasonable further progress.
The excess NO
x
reductions are more effective
in reducing ozone formation than the VOC reductions from implementation of
this contingency measure would have been.
Subchapter E, Solvent-Using Processes
Division 2, Surface Coating Processes
§115.427, Exemptions
The proposed amendment to §115.427(a)(3)(H) would change the exemption
level for sources in the BPA from 100 tpy to 50 tpy of VOC in order to ensure
that RACT is applied at all major sources. This change is necessary because
of the reclassification of the BPA area to serious nonattainment with respect
to the one-hour ozone standard.
§115.429, Counties and Compliance Schedules
The proposed amendment to §115.429 would add a new subsection (c),
to specify that shipbuilding and repair facilities in Hardin, Jefferson, and
Orange Counties that become subject to the control requirements because of
the change in exemption level must comply with the requirements as soon as
practicable, but no later than December 31, 2006. Shipbuilding and ship repair
facilities that are already subject to the control requirements must remain
in compliance as specified in §115.429(a).
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Grants Management Section,
determined that for the first five-year period the proposed rules are in effect,
no fiscal implications are anticipated for the agency or other units of state
or local governments as a result of administration or enforcement of the proposed
rules. The proposed rules address a revision in exemption levels for VOC emissions
in the BPA area necessitated by EPA's redesignation of the area from moderate
to serious for the one-hour ozone standard. None of the facilities anticipated
to be affected by the proposed rules are owned or operated by units of state
or local governments.
In the past, the BPA one-hour nonattainment area for ozone, consisting
of Hardin, Jefferson, and Orange Counties, was classified as moderate. BPA
did not meet the 0.12 parts per million standard for the moderate classification
by the November 1996 deadline, nor did the BPA area meet the same standard
by a November 1999 deadline, which EPA had established for serious nonattainment
areas. EPA has now reclassified the BPA area to a serious one-hour nonattainment
designation with an attainment deadline of November 15, 2005. The reclassification
of BPA from a moderate nonattainment area to a serious nonattainment area
changes the definition of a major source of ozone production and the acceptable
threshold limits for those sources. These changes must be reflected in the
SIP. This means that the BPA area has to adopt, for newly designated major
sources, RACT for lower emission levels of VOCs.
Under current rules for moderate nonattainment areas, sites with VOC emissions
of 100 tpy or more are designated as major sources and required to apply RACT.
Under the proposed rules, sources would be designated as major and trigger
RACT at a lower threshold of 50 tpy of VOC emissions. The proposed rules would
mean that previously exempt industrial sites would be required to implement
RACT to aid in lowering ozone levels in the BPA area to 0.12 parts per million.
The types of sites affected by the proposed rules would be batch processing
operations, shipbuilding operations, ship repair operations, and surface coating
operations for ships and offshore oil or gas drilling platforms.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from the
changes seen in the proposed rules will be compliance with FCAA SIP requirements
and progress towards achieving attainment with the one-hour ozone NAAQS in
the BPA area.
Batch processing operations, shipbuilding operations, ship repair operations,
and surface coating operations for ships and offshore oil or gas platforms
in Hardin, Jefferson, and Orange Counties that have VOC emissions equal to
or greater than 50 tpy, but less than 100 tpy would be affected by the proposed
rules.
Available information indicates that, currently, no known batch process
operations in the BPA area would be affected by the proposed rules. Batch
process operations in the BPA area tend to be located at sites that either
emit less than 50 tpy of VOC emissions and would be exempt from the proposed
rules, or emit more than 100 tpy of VOC emissions and are already subject
to emission standards. Therefore, the proposed rules are expected to have
no fiscal impact on batch process operations in the BPA area. However, if
a batch process operation is located at a site that emits between 50 - 100
tpy of VOCs, it would be subject to the proposed rules and would experience
a potentially significant fiscal impacts. The actual cost of compliance depends
on many factors, but EPA estimates indicate that costs could range from $43,000
- $800,000 per year, or $215,000 - $4 million over a five-year period.
Air permits and emission inventory data indicates that two shipbuilding
and ship repair accounts in the BPA area may be affected by the proposed rules.
EPA's estimates for shipbuilding/ship repair sites to comply with RACT are
an average of $11,000 per year, or $55,000 over a five-year period. Therefore,
the proposed rules are not expected to have a significant fiscal impact on
BPA sites engaged in shipbuilding, ship repair, or surface coating of ships
and offshore rigs whose emission levels fall in the range addressed by the
proposed rules.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses
under the proposed rules. Small or micro-businesses engaging in activities
producing VOCs tend to have ozone emission levels of less than 50 tpy. If
a small or micro-business has emission levels of 50 tpy of VOCs, it would
experience the same fiscal impact as a large business under the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission 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.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking action in light of the
regulatory analysis requirements of Texas Government Code, §2001.0225,
and determined that the rulemaking action does not meet the definition of
a "major environmental rule" as defined in that statute. A "major environmental
rule" is 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. The proposed rule amendments are one element of the BPA SIP and would
require major sources in BPA to apply RACT to obtain VOC emissions reductions
and would remove a contingency measure for marine vessel loading in the BPA
nonattainment area. These proposed rule amendments are necessary to comply
with the requirements of the FCAA and to achieve attainment in the BPA ozone
nonattainment area. The proposed rules are not anticipated to 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.
In addition, the proposed amendments do not meet any of the four applicability
criteria of a "major environmental rule" as defined in the Texas Government
Code. Texas Government Code, §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.
The proposed rule amendments implement requirements of 42 USC. Under 42
USC, §§7410,
et seq
., states are
required to adopt a SIP that provides for "implementations, maintenance, and
enforcement" of the primary NAAQS in each air quality control region of the
state. For nonattainment areas that are designated as moderate and above,
42 USC, §7511a(b)(2)(C) requires states to submit SIPs that include provisions
to require implementation of RACT at major stationary sources of VOCs that
are in the nonattainment area. As discussed previously, this rulemaking would
amend major source exemptions from 100 tpy to 50 tpy to reflect BPA's reclassification
to serious and require RACT at major sources that emit 50 tpy or more VOCs.
In addition, this rulemaking would remove a contingency measure for marine
vessel loading. This measure was not implemented and, as discussed previously,
this measure is unnecessary because equivalent emission reductions were achieved
without implementation of the measure.
As discussed earlier in this preamble, this rulemaking implements the requirements
of 42 USC. The proposed rules do not exceed a requirement of a delegation
agreement or a contract between state and federal government. There is no
contract or delegation agreement that covers the topic that is the subject
of this rulemaking. The proposed rules were not developed solely under the
general powers of the agency, but are proposed under the Texas Clean Air Act
(TCAA), as codified in Texas Health and Safety Code (THSC), §382.011,
which authorizes the commission to establish the level of quality to be maintained
in the state's air; §382.012, which authorizes the commission to prepare
and develop a general, comprehensive plan for the proper control of the state's
air; and §382.017, which authorizes the commission to adopt rules consistent
with the policy and purposes of the TCAA.
TAKINGS IMPACT ASSESSMENT
The commission evaluated the proposed rulemaking action and performed an
analysis of whether the proposed rules are subject to Texas Government Code,
Chapter 2007. The specific purpose of these revisions is to amend major source
exemption levels for batch processes and surface coating processes in the
BPA nonattainment area due to BPA's reclassification by EPA to a serious ozone
nonattainment area and to remove a contingency measure that was never implemented
in the BPA ozone nonattainment area.
Texas Government Code, §2007.003(b)(4), provides that Chapter 2007
does not apply to this proposed rulemaking because it is reasonably taken
to fulfill an obligation mandated by federal law. States are primarily responsible
for ensuring attainment and maintenance of NAAQS once EPA has established
them. Under 42 USC, §§7410,
et seq
.
and related provisions, states must submit, for approval by EPA, SIPs that
provide for the attainment and maintenance of NAAQS through control programs
directed to sources of the pollutants involved. For ozone nonattainment areas
that are designated moderate or above, 42 USC, §7511a(b)(2)(C), requires
that RACT be applied at major stationary sources of VOCs. Through this proposed
rulemaking and SIP revision, the commission is implementing RACT at major
sources of VOCs in the BPA area by amending the major source exemption levels
from 100 tpy to 50 tpy, the level for major stationary sources of VOCs in
serious ozone nonattainment areas. This rulemaking is also removing a contingency
measure for loading of VOCs into marine vessels in the BPA area. Under 42
USC, §7502(c)(9), states must submit, as part of their SIP, contingency
measures to be implemented if an area fails to make reasonable further progress
or fails to attain the NAAQS by the attainment date. As discussed previously,
this measure was never implemented and the commission proposes to remove it
because equivalent emission reductions have been achieved without implementing
the measure.
In addition, Texas Government Code, §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 purpose of these amendments 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. This action is taken in response to the BPA
area exceeding the federal ozone NAAQS, which adversely affects public health,
primarily through irritation of the lungs. This proposed rulemaking will ensure
that additional VOC emission reductions will be achieved at major stationary
sources through the implementation of RACT in the BPA. VOC is an ozone precursor
that reacts with NO
x
in sunlight to form ozone.
The action will specifically advance the health and safety purpose by reducing
VOC levels, and consequently ozone levels in the BPA nonattainment area. In
addition, this rulemaking will remove a contingency measure that has not been
implemented. The removal of the contingency measure does not specifically
advance the health and safety purpose by reducing ozone levels in the BPA
nonattainment area, but is part of a larger scheme to reduce ozone levels
as expeditiously as possible in the BPA nonattainment area. Consequently,
these proposed amendments meet the exemption in Texas Government Code, §2007.003(b)(13).
This rulemaking therefore meets the requirements of Texas Government Code, §2007.003(b)(4)
and (13). For these reasons, the proposed amendments do not constitute a takings
under Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the rulemaking action and found that the proposal
is an action identified in Coastal Coordination Act Implementation Rules,
31 TAC §505.11, or will affect an action/authorization identified in §505.11,
and therefore will require that applicable goals and policies of the Texas
Coastal Management Program (CMP) be considered during the rulemaking process.
The commission determined that, under 31 TAC §505.22, the rulemaking
action 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 and ozone levels will be reduced as a result of these amendments.
The CMP policy applicable to this rulemaking action is the policy that commission
rules comply with regulations in 40 Code of Federal Regulations (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. Written comments on the consistency of this rulemaking may be
submitted to the contact person at the address listed under the SUBMITTAL
OF COMMENTS section of this preamble.
EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM
Chapter 115 is an applicable requirement under 30 TAC Chapter 122, Federal
Operating Permits Program; 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
at their sites affected by the revisions to Chapter 115.
ANNOUNCEMENT OF HEARINGS
Two public hearings on this proposal will be held on June 16, 2005, at
2:00 p.m. and 6:00 p.m. in the Swan Room, at the South East Texas Regional
Planning Commission, located at 2210 Eastex Freeway in Beaumont, Texas. The
hearings will be structured for the receipt of oral or written comments by
interested persons. Registration will begin 30 minutes prior to the hearings.
Individuals may present oral statements when called upon in order of registration.
A time limit may be established at each hearing to assure that enough time
is allowed for every interested person to speak. There will be no open discussion
during the hearings; however, commission staff members will be available to
discuss the proposal 30 minutes before each hearing and will answer questions
before and after each hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact Lola Brown at
(512) 239-0348. Requests should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office
of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087; faxed to (512) 239-4808; or emailed to
siprules@tceq.state.tx.us
with Rule Project Number 2005-017-115-AI
in the subject line. All comments should reference Rule Project Number 2005-017-115-AI.
Comments must be received by 5:00 p.m., June 17, 2005. Copies of the proposed
rules can be obtained from the commission's Web site at
http://www.tnrcc.state.tx.us/oprd/rules/propadop.html
. For further
information, please contact Teresa Hurley of the Air Quality Planning and
Implementation Division at (512) 239-5316.
Subchapter B. GENERAL VOLATILE ORGANIC COMPOUND SOURCES
6.
BATCH PROCESSES
30 TAC §115.167, §115.169
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code (TWC), §5.102,
which provides the commission with the general powers to carry out its duties
under TWC; §5.103, which authorizes the commission to adopt any rules
necessary to carry out the powers and the duties under the provisions of TWC
and other laws of this state; and §5.105, which authorizes the commission
by rule to establish and approve all general policy of the commission. These
amendments are also proposed under THSC, 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; §382.017,
which authorizes the commission to adopt rules consistent with the policy
and purposes of TCAA; §382.011, which authorizes the commission to establish
the level of quality to be maintained in the state's air and to control the
quality of the state's air; and §382.012, which authorizes the commission
to prepare and develop a general, comprehensive plan for the control of the
state's air.
These proposed amendments implement TWC, §§5.102, 5.103, and
5.105; and THSC, §§382.002, 382.011, 382.012, and 382.017.
§115.167.Exemptions.
The following exemptions apply.
(1)
Batch process operations at an account
that
[
(A)
50
[
(B)
25 tpy in the
Houston-Galveston-Brazoria
[
(2)
The following are exempt from the requirements of this
division, except for §§115.161(b) and (c), 115.164, and 115.166(2)
and (3) of this title (relating to Applicability; Determination of Emissions
and Flow Rates; and Monitoring and Recordkeeping Requirements).
(A)
Combined vents from a batch process train
that
[
Figure: 30 TAC §115.167(2)(A) (No change.)
(B)
(No change.)
§115.169.Counties and Compliance Schedules.
(a)
The owner or operator of each batch process operation in
Hardin, Jefferson, and Orange Counties
at an account that has total volatile
organic compound (VOC) emissions (determined before control but after the
last recovery device) of 100 tons per year or more shall continue to comply
[
(b)
The owner or operator of each batch process operation in
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and
Waller Counties shall demonstrate compliance with this division [
(c)
The owner or operator of each
batch process operation in Hardin, Jefferson, and Orange Counties at an account
that has total VOC emissions (determined before control but after the last
recovery device) of 50 tons per year or more but less than 100 tons per year
shall demonstrate compliance with this division as soon as practicable, but
no later than December 31, 2006. All batch process operations subject to this
division in Hardin, Jefferson, and Orange Counties must continue to comply
with the requirements of Division 2 of this subchapter until these batch process
operations are in compliance with 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 May 13, 2005.
TRD-200501937
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: June 26, 2005
For further information, please call: (512) 239-0348
1.
LOADING AND UNLOADING OF VOLATILE ORGANIC COMPOUNDS
30 TAC §115.219
STATUTORY AUTHORITY
The amendment is proposed under TWC, §5.102, which provides the commission
with the general powers to carry out its duties under TWC; §5.103, which
authorizes the commission to adopt any rules necessary to carry out the powers
and the duties under the provisions of TWC and other laws of this state; and §5.105,
which authorizes the commission by rule to establish and approve all general
policy of the commission. The amendment is also proposed under THSC, 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; §382.017, which authorizes the commission to adopt rules consistent
with the policy and purposes of TCAA; §382.011, which authorizes the
commission to establish the level of quality to be maintained in the state's
air and to control the quality of the state's air; and §382.012, which
authorizes the commission to prepare and develop a general, comprehensive
plan for the control of the state's air.
These proposed amendments implement TWC, §§5.102, 5.103, and
5.105; and THSC, §§382.002, 382.011, 382.012, and 382.017.
§115.219.Counties and Compliance Schedules.
(a) - (c)
(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 May 13, 2005.
TRD-200501938
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: June 26, 2005
For further information, please call: (512) 239-0348
which
] has total volatile organic compound (VOC) emissions (determined
before control but after the last recovery device) of less than the following
rates from all stationary emission sources included in the account are exempt
from the requirements of this division (relating to Batch Processes), except
for §115.161(b) and (c) of this title (relating to Applicability):
100
] tons per year (tpy) in the
Beaumont-Port Arthur
[
Beaumont/Port Arthur
] area; and
Houston/Galveston
] area.
which
] have the following annual mass emissions total.
shall demonstrate compliance
] with this division (relating
to Batch Processes)
as required by §115.930 of this title (relating
to Compliance Dates).
[
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.
]
(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
must
[
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
(d)
The owner or operator of each
marine terminal in Hardin, Jefferson, and Orange Counties shall comply with
this division as soon as practicable but no later than three years after the
earliest of the following occurs:]
(1)
the commission publishes notification in the
(2)
the EPA publishes notification in the
(3)
the EPA publishes notification in the
Subchapter E. SOLVENT-USING PROCESSES