Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 80.
CONTESTED CASE HEARINGS
Subchapter C. HEARING PROCEDURES
30 TAC §80.108
The Texas Commission on Environmental Quality (commission)
proposes an amendment to §80.108.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULE
The proposed amendment will provide the commission with the express authority
to direct the executive director to participate as a party in contested case
hearings regarding certain permit applications. The amendment would revise
only the mandatory abstention subsection of the existing rule, which currently
provides that the executive director shall not participate as a party in contested
case hearings regarding permit applications for seven types of applications.
This change will afford the commission the opportunity to benefit from the
executive director's specialized knowledge by participating in some of these
contested case hearings. Although these types of applications were initially
included because they were identified as less complex or not having unique
conditions, experience has shown that technical and policy issues in these
types of cases may warrant participation by the executive director as a party.
It will also ensure that the administrative record is complete.
Prior to September 1, 2001, Texas Water Code, §5.228 required the
executive director of the commission to participate as a party in all contested
case hearings. As a result of public testimony received during its comprehensive
review of the commission, the Sunset Advisory Commission recommended that
the statute be changed to allow, rather than require, the executive director
to participate in contested case permit hearings. The Sunset Advisory Commission
also recommended that: 1) the role of the executive director be more clearly
defined; 2) that the executive director be expressly prohibited from rehabilitating
non-agency witnesses in permit hearings; and (3) that the commission adopt
rules specifying the factors the executive director must take into account
when considering whether to be a party in a permit hearing.
This recommendation was adopted in House Bill (HB) 2912, (77th Legislature,
2001) the Sunset Bill for the commission. Under HB 2912, Texas Water Code, §5.228
was amended to provide that the executive director is required to be a party
in a contested case hearing only in a matter where the executive director
bears the burden of proof (e.g., an enforcement proceeding). For permit hearings,
the executive director may be a party only for the purpose of providing information
to complete the administrative record. The commission is required to specify,
by rule, the factors the executive director must consider in determining,
on a case-by-case basis, whether to participate in a hearing as a party. Factors
the commission must consider in developing these rules include: 1) the technical,
legal, and financial capacities of the parties; 2) whether the parties have
previously participated in a hearing; 3) the complexity of the issues; and
4) the available resources of commission staff. The executive director is
expressly prohibited from rehabilitating the testimony of non-agency witnesses
or from assisting an applicant in meeting its burden of proof unless that
applicant fits a category of permit applicants that under commission rule
are eligible for such assistance. The amendments to Texas Water Code, §5.228
took effect September 1, 2001, and apply only to hearings in which the executive
director is named as a party on or after that date. Section 80.108 was one
of the new rules adopted by the commission, effective November 15, 2001, implementing
the revisions to Texas Water Code, §5.228.
SECTION DISCUSSION
Section 80.108 is proposed to be amended by adding subsection (m) which
provides an option for the commission to direct the executive director to
participate as a party in the types of hearings listed in subsections (a)
and (c).
In addition, cross-references in subsection (a)(4) and (5) are proposed
to be updated.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Assessment, has determined
that, for the first five-year period the proposed rule is in effect, there
are no significant fiscal implications for the agency or other units of state
or local governments as a result of administration or enforcement of the proposed
rule. Implementation of the proposed rule may result in the executive director
participating as a party in more contested case hearings for certain types
of permits. As a result, the executive director may be required to allocate
staff resources to attend more hearings. However, any allocation of resources
to participate in these hearings is not anticipated to result in any significant
fiscal implications for the agency, local governments, or other parties in
contested case hearings.
The proposed rule would revise the mandatory abstention in §80.108(a)(1)
- (7) to provide the commission with the express authority to direct the executive
director to participate as a party in contested case hearings regarding the
types of permit applications cited. The proposed revision would give the commission
the option to direct the executive director, as a party, to participate in
contested case hearings before the State Office of Administrative Hearings
(SOAH) for certain types of air, water quality, and waste permits and would
afford the commission the benefit of the executive director's specialized
knowledge. Experience has shown that this knowledge may be helpful and warranted
where technical and policy issues are part of a contested case hearing regarding
municipal solid waste permits where land use is the sole issue; air quality
standard permits authorizing concrete batch plants under the Texas Health
and Safety Code, §382.05195; air permits authorizing emissions from facilities
which solely emit the types of emissions that do not require health and welfare
effects review as specified on the Toxicology and Risk Assessment Section
Emissions Screening List; the municipal solid waste transfer facilities; permits
to process grit and grease trap waste; permits for composting facilities;
and permit applications solely authorizing the irrigation of domestic or municipal
wastewater effluent. Any costs for the agency, for applicants, or for protestants
in these hearings because of executive director participation are anticipated
to be insignificant.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rule is in effect, the public benefit anticipated from the changes
seen in the proposed rule will be the benefit of having more complete information
being presented to SOAH and the commission for decisions regarding contested
cases on the types of air, water quality, and municipal solid waste permits
listed in §80.108(a)(1) - (7).
Any increase or decrease in costs to applicants or protestants in these
hearings due to the participation of the executive director as a party in
these hearings is not anticipated to be significant.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses
as a result of the proposed rule. Any increase or decrease in costs due to
the participation of the executive director as a party in contested cases
for the affected permits is not anticipated to be significant in nature.
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 rule
does not adversely affect a local economy in a material way for the first
five years that the proposed rule is in effect.
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 has 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 that statute.
Furthermore, it does not meet any of the four applicability requirements listed
in Texas Government Code, §2001.0225(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. Because the specific intent of the proposed
rulemaking is procedural in nature and establishes procedures for the executive
director's participation as a party in contested case hearings on permitting
matters, the rulemaking does not meet the definition of a major environmental
rule.
In addition, even if the proposed rule is a major environmental rule, a
draft regulatory impact assessment is not required because the rule does not
exceed a standard set by federal law, exceed an express requirement of state
law, exceed a requirement of a delegation agreement, or propose to adopt a
rule solely under the general powers of the agency. This proposal does not
exceed a standard set by federal law. This proposal does not exceed an express
requirement of state law because it is authorized by Texas Government Code, §2001.004,
which requires state agencies to adopt rules of practice; and Texas Water
Code, §5.228, as well as the other statutory authorities cited in the
STATUTORY AUTHORITY section of this preamble. This proposal does not 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 because the rule is consistent with, and does not exceed,
federal requirements, and is in accordance with Texas Water Code, §5.228,
which expressly requires the commission to adopt rules necessary to specify
the factors the executive director must consider in determining whether to
participate as a party in a contested case permit hearing. This proposal does
not adopt a rule solely under the general powers of the agency, but rather
under specific state law. Finally, this rulemaking is not being proposed or
adopted on an emergency basis to protect the environment or to reduce risks
to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The commission evaluated the proposed rule and performed an analysis of
whether Texas Government Code, Chapter 2007 is applicable. The commission's
analysis indicates that Texas Government Code, Chapter 2007 does not apply
to the proposed rule. Nevertheless, the commission further evaluated the proposed
rule as to whether the rule constitutes a takings under Texas Government Code,
Chapter 2007. The specific primary purpose of the proposed rule is to revise
a commission rule to establish procedures for executive director party participation
in certain contested case hearings as required by Texas Water Code, §5.228.
The proposal relates to when the executive director will participate as a
party as directed to do so by the commission. The proposed rule will substantially
advance this purpose by providing the commission the express authority to
direct the executive director to participate as a party. Promulgation and
enforcement of this rule will not affect private real property which is the
subject of the rules because the proposed language relates to procedural matters
relating to executive director party status rather than any substantive requirements.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rule and found that it is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(2)
or (4), nor will it affect any action/authorization identified in Coastal
Coordination Act Implementation Rules, 31 TAC §505.11(a)(6). Therefore,
the proposed rule is not subject to the Texas Coastal Management Program.
SUBMITTAL OF COMMENTS
Comments may be submitted to Patricia Durón, MC 205, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087; or faxed
to (512) 239-4808. Electronic comments may be submitted at
http://www5.tceq.state.tx.us/rules/ecomments/
. All comments should
reference Rule Project Number 2007-003-080-LS. The comment period closes March
26, 2007. Copies of the proposed rule can be obtained from the commission's
Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information, please contact Janis Hudson, Environmental
Law Division, (512) 239-0466.
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.013, concerning
General Jurisdiction of the commission, which establishes the commission's
general authority to carry out its jurisdiction; §5.102, concerning the
commission's General Powers, including calling and holding hearings and issuing
orders; §5.103, concerning Rules, which requires the commission to adopt
rules when amending any agency statement of general applicability that describes
the procedures or practice requirements of an agency; and §5.105, concerning
General Policy, which authorize the commission to adopt rules necessary to
carry out its powers and duties under the Texas Water Code; and §5.228,
which establishes the executive director's authority to participate in contested
case hearings. Additionally, the amendment is proposed under Texas Government
Code, §2001.004, concerning Requirement to Adopt Rules of Practice and
Index Rules, Orders and Decisions, which requires state agencies to adopt
rules of practice and procedure.
The proposed amendment implements Texas Water Code, §5.228.
§80.108.Executive Director Party Status in Permit Hearings.
(a)
Except to the extent superseded by subsection (b) of this
section, the executive director shall not participate as a party in the following
contested case hearings concerning permitting matters:
(1) - (3)
(No change.)
(4)
an application for a permit for a municipal solid waste
transfer facility under
§330.7
[
(5)
an application for a permit for the processing of grit
and grease trap waste under under
§330.7
[
(6) - (7)
(No change.)
(b) - (l)
(No change.)
(m)
Notwithstanding the requirements
of subsections (a) and (c) of this section regarding executive director party
participation, the executive director shall participate as a party if directed
to do so by the commission.
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 February 9, 2007.
TRD-200700381
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 239-6087
The Texas Commission on Environmental Quality (TCEQ or commission)
proposes amendments to §§101.1, 101.23, 101.302, 101.306, 101.350,
101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385
and the repeal of §101.22.
The amended sections and repeal will be submitted to the United States
Environmental Protection Agency (EPA) as revisions to the Texas State Implementation
Plan (SIP).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The commission has proposed revisions to Title 30 Texas Administrative
Code (30 TAC) Chapter 117, Control of Air Pollution from Nitrogen Compounds,
as part of the SIP for the Houston-Galveston-Brazoria (HGB) and Dallas-Fort
Worth (DFW) nonattainment areas. Under those revisions, Chapter 117 would
be reorganized. Chapter 101, General Air Quality Rules, contains references
to sections of Chapter 117 which are changing due to the reorganization, requiring
that the cited references in Chapter 101 also change. This proposal also includes
revisions identified during the last review of Chapter 101, including changes
to the definitions of visible emissions, cold solvent cleaning, conveyorized
degreasing, open-top vapor degreasing, high-volume low-pressure spray guns,
and standard conditions. Other proposed changes would delete the definitions
of hazardous waste management facility and hazardous waste management unit,
add a definition for nitrogen oxides, update references to include the correct
title of the commission, and remove an obsolete effective date section.
SECTION BY SECTION DISCUSSION
§101.1. Definitions.
The commission proposes to modify the opening paragraph of this section
to specify that the definitions in §101.1 apply to all air quality rules.
The commission proposes to change the definitions of cold solvent cleaning,
conveyorized degreasing, and open-top vapor degreasing by deleting the word
"metal" so that the processes also apply to cleaning non-metal parts. The
commission proposes to delete the definitions of hazardous waste management
facility and hazardous waste management unit because they are not found in
any of the air rules. The proposed revision to the definition of high-volume
low-pressure spray guns specifies that the operating pressure of this equipment
is measured at the air cap because this provides the most accurate measurement.
The commission proposes to add the definition from Chapter 117 of nitrogen
oxides because this is a common term used throughout the commission's air
quality rules. The commission proposes to delete the last sentence of the
definition of standard conditions that reads: "Pollutant concentrations from
an incinerator will be corrected to a condition of 50% excess air if the incinerator
is operating at greater than 50% excess air." The amount of air present in
combustion is a variable and does not qualify as a standard condition. The
commission proposes to change the second sentence of the definition of visible
emissions to read: "The radiant energy from an open flame is not considered
a visible emission under this definition." Radiant energy may manifest some
visual effects but there is no air contaminant emitted.
§101.22. Effective Date.
The commission proposes the repeal of this section because it is no longer
required.
§101.23. Alternate Emission Reduction ("Bubble")
Policy.
The commission proposes to replace references to Texas Air Control Board
with Texas Commission on Environmental Quality (TCEQ). The commission proposes
to replace the reference to "Regulations I, II, III, V, VII, and IX" with
"Chapters 111, 112, 113, 115, and 117." The reference to Chapter 119 was removed
because this chapter has been repealed. The commission proposes to replace
a reference to the obsolete term "board order" with "commission order." In
the last sentence of the section, the commission proposes to replace "he"
with "the executive director."
§101.302. General Provisions.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.306. Emission Credit Use.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.350. Definitions
The commission proposes replacing the definition of Houston/Galveston (HGA)
ozone nonattainment area with Houston-Galveston-Brazoria (HGB) ozone nonattainment
area because the name of the nonattainment area has changed.
§101.351. Applicability.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.353. Allocation of Allowances.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.354. Allowance Deductions.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.360. Level of Activity Certification.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.372. General Provisions.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.376. Discrete Emission Credit Use.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.383. General Provisions.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
§101.385. Recordkeeping and Reporting.
The commission proposes to replace references to Chapter 117 section numbers
with the newly renumbered Chapter 117 sections.
The commission also proposes minor administrative changes to address conformity
to:
Texas Register
requirements and other
agency rules and guidelines.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Assessment, 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 are administrative in nature and will amend sections of
Chapter 101 to coincide correctly with proposed changes to Chapter 117. Fiscal
implications pertaining to the proposed rules for Chapter 117 can be found
in that rule package.
The commission previously proposed a reorganization and revision of Chapter
117 as part of the SIP for the HGB and DFW nonattainment areas. This proposed
revision to Chapter 117 also requires revision of Chapter 101 so that cited
references in the two chapters agree with one another. The proposed rule changes
to Chapter 101 will also revise definitions of visible emissions, cold solvent
cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume
low-pressure spray guns, and standard conditions. The proposed rules will
also delete the definitions of hazardous waste management facility and hazardous
waste management unit, add a definition for nitrogen oxides, and make minor
administrative changes to update obsolete information contained in the current
rules.
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 a more correct set of general rules
governing air emissions that allow the regulated community to comply with
federal and state laws with greater ease and efficiency.
The proposed rules will affect entities that must currently comply with
regulations promulgated in Chapter 101. Businesses and individuals are not
expected to experience any fiscal implications as a result of the proposed
rules, which make administrative changes to Chapter 101 to coincide with proposed
amendments to and reorganization of Chapter 117.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses
as a result of the proposed rules, which are administrative in nature.
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.
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 §2001.0225 because it does not meet
the definition of a major environmental rule as defined in that 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, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. Although the specific intent is to protect
the environment, these proposed amendments are mainly an administrative action
only, to correct and update cross-references to Chapter 117, which is being
reorganized, modify certain definitions, and make other procedural changes
to Chapter 101.
Chapter 117, Control of Air Pollution from Nitrogen Compounds, is currently
proposed for reorganization. Chapter 101, General Air Quality Rules, contains
extensive references to sections of Chapter 117 that are changing because
of the reorganization. The references contained in Chapter 101 must change
accordingly. This proposal also includes revisions identified during the last
review of Chapter 101 by the executive director and includes changes to the
definitions of visible emissions, cold solvent cleaning, conveyorized degreasing,
open-top vapor degreasing, high-volume low-pressure spray guns, and standard
conditions. Other proposed changes would delete the definitions of hazardous
waste management facility and hazardous waste management unit, add a definition
for nitrogen oxides, update references to the title of the commission, and
remove an obsolete effective date section. The adopted rules will not adversely
affect in a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state.
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 rulemaking does not
exceed a standard set by federal law, and the adopted requirements are consistent
with applicable federal standards. In addition, this proposal does not exceed
an express requirement of state law and is not adopted 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 rulemaking
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 adopted rules are subject to Texas Government Code, Chapter
2007. The primary purpose of the rulemaking is to update references to sections
of Chapter 117, which is being reorganized, to modify certain definitions,
and to make other procedural changes to Chapter 101. These amendments do not
affect private property in a manner that restricts or limits an owner's right
to the property that would otherwise exist in the absence of the governmental
action. Therefore, promulgation and enforcement of these proposed rules is
neither a statutory nor a constitutional taking because they do not affect
private real property. Therefore, these rules do not constitute a taking under
Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found the proposal
is a rulemaking identified in the Coastal Coordination Act Implementation
Rules, 31 TAC §505.11(b)(2), relating to rules subject to the Coastal
Management Program, and will, therefore, require that goals and policies of
the Texas Coastal Management Program (CMP) be considered during the rulemaking
process. The commission reviewed this rulemaking for consistency with the
CMP goals and policies in accordance with the regulations of the Coastal Coordination
Council and determined that the amendments are consistent with 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)). The
proposed rules update references and definitions. No new sources of air contaminants
will be authorized and the revisions will maintain the same level of emissions
control as previous rules. The CMP policy applicable to this rulemaking action
is the policy that the commission's rules comply with federal regulations
in 40 Code of Federal Regulations, to protect and enhance air quality in the
coastal areas (31 TAC §501.14(q)). This rulemaking action complies with
40 Code of Federal Regulations Part 51, Requirements for Preparation, Adoption,
and Submittal of Implementation Plans. Therefore, in accordance with 31 TAC §505.22(e),
the commission affirms that 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
The amended sections are applicable requirements under the Federal Operating
Permits Program, but no revisions to operating permits will be required.
ANNOUNCEMENT OF HEARING
The commission will hold a public hearing on this proposal in Austin on
March 20, 2007, at 10:00 a.m. in Building B, Room 201A, at the commission's
central office located at 12100 Park 35 Circle. The hearing is structured
for the receipt of oral or written comments by interested persons. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, commission staff members
will be available to discuss the proposal 30 minutes before the hearing.
Persons who have special communication or other accommodation needs who
are planning to attend the hearing should contact Lola Brown, Office of Legal
Services, 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, Office of Legal Services,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808. Electronic comments may be submitted at
Subchapter A. GENERAL RULES
30 TAC §101.1, §101.23
STATUTORY AUTHORITY
The amended sections are proposed under Texas Water Code, §5.103,
concerning Rules, and §5.105, concerning General Policy, that authorize
the commission to adopt rules necessary to carry out its powers and duties
under the Texas Water Code; and under Texas Health and Safety Code (THSC), §382.017,
concerning Rules, that authorizes the commission to adopt rules consistent
with the policy and purposes of the Texas Clean Air Act. The amended sections
are also proposed under THSC, §382.002, concerning Policy and Purpose,
that establishes the commission purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, that authorizes
the commission to control the quality of the state's air; and §382.012,
concerning State Air Control Plan, that authorizes the commission to prepare
and develop a general, comprehensive plan for the control of the state's air.
The amended sections are also proposed under THSC, §382.014, concerning
Emission Inventory, that authorizes the commission to require a person whose
activities cause air contaminant emissions to submit information to enable
the commission to develop an emissions inventory; and §382.051 and §382.0518,
concerning Permitting Authority of Commission and Preconstruction Permit,
that authorize the commission to issue preconstruction and operating air permits.
The amended sections are also proposed under 42 United States Code, §7410(a)(2)(A),
that requires SIPs to include enforceable measures or techniques, including
economic incentives such as fees, marketable permits, and auction of emission
rights.
The amended sections implement THSC, §§382.002, 382.011, 382.012,
and 382.017; and Senate Bill 784, 79th Legislature, 2005.
§101.1.Definitions.
Unless specifically defined in the Texas Clean Air Act (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 that are defined by the TCAA, the following terms, when used
in relation to air quality rules
in this
title
[
(1)
Account--For those sources required to be permitted under
Chapter 122 of this title (relating to Federal Operating Permits
Program
), all sources that are aggregated as a site. For all other sources,
any combination of sources under common ownership or control and located on
one or more contiguous properties, or properties contiguous except for intervening
roads, railroads, rights-of-way, waterways, or similar divisions.
(2) - (11)
(No change.)
(12)
Cold solvent cleaning--A batch process that uses liquid
solvent to remove soils from the surfaces of [
(13) - (21)
(No change.)
(22)
Conveyorized degreasing--A solvent cleaning process that
uses an automated parts handling system, typically a conveyor, to automatically
provide a continuous supply of [
(23) - (41)
(No change.)
[
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(A)
Class 1 industrial solid waste or Class 1 waste is any
industrial solid waste designated as Class 1 by the executive director as
any industrial solid waste or mixture of industrial solid wastes that because
of its concentration or physical or chemical characteristics is toxic, corrosive,
flammable, a strong sensitizer or irritant, a generator of sudden pressure
by decomposition, heat, or other means, and may pose a substantial present
or potential danger to human health or the environment when improperly processed,
stored, transported, or otherwise managed, including hazardous industrial
waste, as defined in §335.1 and §335.505 of this title (relating
to Definitions and Class 1 Waste Determination).
(B)
Class 2 industrial solid waste is any individual solid
waste or combination of industrial solid wastes that cannot be described as
Class 1 or Class 3, as defined in §335.506 of this title (relating to
Class 2 Waste Determination).
(C)
Class 3 industrial solid waste is any inert and essentially
insoluble industrial solid waste, including materials such as rock, brick,
glass, dirt, and certain plastics and rubber, etc., that are not readily decomposable
as defined in §335.507 of this title (relating to Class 3 Waste Determination).
(50)
[
(51)
[
(52)
[
(53)
[
(54)
[
(A)
Victoria Ozone Maintenance Area 60 (
Federal Register
(FR) 12453) - Victoria County; and
(B)
Collin County Lead Maintenance Area (64 FR 55421) - Portion
of Collin County. Eastside: Starting at the intersection of South Fifth Street
and the fence line approximately 1,000 feet south of the Exide property line
going north to the intersection of South Fifth Street and Eubanks Street;
Northside: Proceeding west on Eubanks to the Burlington Railroad tracks; Westside:
Along the Burlington Railroad tracks to the fence line approximately 1,000
feet south of the Exide property line; Southside: Fence line approximately
1,000 feet south of the Exide property line.
(55)
[
(56)
[
(57)
[
(58)
[
(59)
[
(60)
[
(61)
[
(62)
[
(63)
[
(64)
[
(65)
[
(66)
[
(67)
[
(68)
[
(69)
Nitrogen oxides (NO
X
)--The sum of the nitric oxide and nitrogen dioxide in the flue gas
or emission point, collectively expressed as nitrogen dioxide.
(70)
[
(A)
Carbon monoxide (CO). El Paso CO nonattainment area (56
FR 56694)--Classified as a Moderate CO nonattainment area with a design value
less than or equal to 12.7 parts per million. Portion of El Paso County. Portion
of the city limits of El Paso: That portion of the City of El Paso bounded
on the north by Highway 10 from Porfirio Diaz Street to Raynolds Street, Raynolds
Street from Highway 10 to the Southern Pacific Railroad lines, the Southern
Pacific Railroad lines from Raynolds Street to Highway 62, Highway 62 from
the Southern Pacific Railroad lines to Highway 20, and Highway 20 from Highway
62 to Polo Inn Road. Bounded on the east by Polo Inn Road from Highway 20
to the Texas-Mexico border. Bounded on the south by the Texas-Mexico border
from Polo Inn Road to Porfirio Diaz Street. Bounded on the west by Porfirio
Diaz Street from the Texas-Mexico border to Highway 10.
(B)
Inhalable particulate matter (PM
10
). El Paso PM
10
nonattainment area (56
FR 56694)--Classified as a Moderate PM
10
nonattainment
area. Portion of El Paso County that comprises the El Paso city limit boundaries
as they existed on November 15, 1990.
(C)
Lead. No designated nonattainment areas.
(D)
Nitrogen dioxide. No designated nonattainment areas.
(E)
Ozone (one-hour).
(i)
Houston-Galveston-Brazoria (HGB) one-hour ozone nonattainment
area (56 FR 56694) - Classified as a Severe-17 ozone nonattainment area. Consists
of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery,
and Waller Counties.
(ii)
El Paso one-hour ozone nonattainment area (56 FR 56694)
- Classified as a Serious ozone nonattainment area. Consists of El Paso County.
(iii)
Beaumont-Port Arthur (BPA) one-hour ozone nonattainment
area (69 FR 16483) - Classified as a Serious ozone nonattainment area. Consists
of Hardin, Jefferson, and Orange Counties.
(iv)
Dallas-Fort Worth one-hour ozone nonattainment area (63
FR 8128) - Classified as a Serious ozone nonattainment area. Consists of Collin,
Dallas, Denton, and Tarrant Counties.
(F)
Ozone (eight-hour).
(i)
HGB eight-hour ozone nonattainment area (69 FR 23936) -
Classified as a Moderate ozone nonattainment area. Consists of Brazoria, Chambers,
Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties.
(ii)
BPA eight-hour ozone nonattainment area (69 FR 23936)
- Classified as a Marginal ozone nonattainment area. Consists of Hardin, Jefferson,
and Orange Counties.
(iii)
Dallas-Fort Worth eight-hour ozone nonattainment area
(69 FR 23936) - Classified as a Moderate ozone nonattainment area. Consists
of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and
Tarrant Counties.
(iv)
San Antonio eight-hour ozone nonattainment area (69 FR
23936) - Classified under the Federal Clean Air Act, Title I, Part D, Subpart
1 (42 United States Code, §7502), nonattainment deferred to September
30, 2005, or as extended by EPA.
(G)
Sulfur dioxide. No designated nonattainment areas.
(71)
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(72)
[
(73)
[
(74)
[
(75)
[
(76)
[
(77)
[
(78)
[
(79)
[
(80)
[
(81)
[
(82)
[
(83)
[
(84)
[
(85)
[
(86)
[
(87)
[
(88)
[
(A)
for individual air contaminant compounds and specifically
listed mixtures by name or Chemical Abstracts Service (CAS) number, either:
(i)
the lowest of the quantities:
(I)
listed in 40 Code of Federal Regulations (CFR) Part 302,
Table 302.4, the column "final RQ";
(II)
listed in 40 CFR Part 355, Appendix A, the column "Reportable
Quantity"; or
(III)
listed as follows:
(-a-)
acetaldehyde - 1,000 pounds, except in the Houston-Galveston-Brazoria
(HGB) and Beaumont-Port Arthur (BPA) ozone nonattainment areas as defined
in paragraph
(70)(E)(i) and (iii)
[
(-b-)
butanes (any isomer) - 5,000 pounds;
(-c-)
butenes (any isomer, except 1,3-butadiene) - 5,000 pounds,
except in the HGB and BPA ozone nonattainment areas as defined in paragraph
(70)(E)(i) and (iii)
[
(-d-)
carbon monoxide - 5,000 pounds;
(-e-)
1-chloro-1,1-difluoroethane (HCFC-142b) - 5,000 pounds;
(-f-)
chlorodifluoromethane (HCFC-22) - 5,000 pounds;
(-g-)
1-chloro-1-fluoroethane (HCFC-151a) - 5,000 pounds;
(-h-)
chlorofluoromethane (HCFC-31) - 5,000 pounds;
(-i-)
chloropentafluoroethane (CFC-115) - 5,000 pounds;
(-j-)
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) - 5,000
pounds;
(-k-)
1-chloro-1,1,2,2 tetrafluoroethane (HCFC-124a) - 5,000
pounds;
(-l-)
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee)
- 5,000 pounds;
(-m-)
decanes (any isomer) - 5,000 pounds;
(-n-)
1,1-dichloro-1-fluoroethane (HCFC-141b) - 5,000 pounds;
(-o-)
3,3-dichloro-1,1,2,2-pentafluoropropane (HCFC-225ca)
- 5,000 pounds;
(-p-)
1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb)
- 5,000 pounds;
(-q-)
1,2-dichloro-1,1,2,2-tetrafluoroethane (CFR-114) - 5,000
pounds;
(-r-)
1,1[
(-s-)
1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) - 5,000
pounds;
(-t-)
1,1-difluoroethane (HFC-152a) - 5,000 pounds;
(-u-)
difluoromethane (HFC-32) - 5,000 pounds;
(-v-)
ethanol - 5,000 pounds;
(-w-)
ethylene - 5,000 pounds, except in the HGB and BPA ozone
nonattainment areas as defined in paragraph
(70)(E)(i) and (iii)
[
(-x-)
ethylfluoride (HFC-161) - 5,000 pounds;
(-y -)
1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea);
(-z-)
1,1,1,3,3,3-hexafluoropropane (HFC-236fa) - 5,000 pounds;
(-aa-)
1,1,1,2,3,3-hexafluoropropane (HFC-236ea) - 5,000 pounds;
(-bb-)
hexanes (any isomer) - 5,000 pounds;
(-cc-)
isopropyl alcohol - 5,000 pounds;
(-dd-)
mineral spirits - 5,000 pounds;
(-ee-)
octanes (any isomer) - 5,000 pounds;
(-ff-)
oxides of nitrogen - 200 pounds in ozone nonattainment,
ozone maintenance, early action compact areas, Nueces County, and San Patricio
County, and 5,000 pounds in all other areas of the state, which should be
used instead of the RQs for nitrogen oxide and nitrogen dioxide provided in
40 CFR Part 302, Table 302.4, the column "final RQ";
(-gg-)
pentachlorofluoroethane (CFR-111) - 5,000 pounds;
(-hh-)
1,1,1,3,3-pentafluorobutane (HFC-365mfc) - 5,000 pounds;
(-ii-)
pentafluoroethane (HFC-125) - 5,000 pounds;
(-jj-)
1,1,2,2,3-pentafluoropropane (HFC-245ca) - 5,000 pounds;
(-kk-)
1,1,2,3,3-pentafluoropropane (HFC-245ea) - 5,000 pounds;
(-ll-)
1,1,1,2,3-pentafluoropropane (HFC-245eb) - 5,000 pounds;
(-mm-)
1,1,1,3,3-pentafluoropropane (HFC-245fa) - 5,000 pounds;
(-nn-)
pentanes (any isomer) - 5,000 pounds;
(-oo-)
propane - 5,000 pounds;
(-pp-)
propylene - 5,000 pounds, except in the HGB and BPA
ozone nonattainment areas as defined in paragraph
(70)(E)(i) and (iii)
[
(-qq-)
1,1,2,2-terachlorodifluoroethane (CFR -112) - 5,000
pounds;
(-rr-)
1,1,1,2-tetrachlorodifluoroethane (CFC-112a) -5,000
pounds;
(-ss-)
1,1,2,2-tetrafluoroethane (HFC-134) - 5,000 pounds;
(-tt-)
1,1,1,2-tetrafluoroethane (HFC-134a) - 5,000 pounds;
(-uu-)
1,1,2-trichloro-1,2,2-trifluoroethane (CFR-113) - 5,000
pounds;
(-vv-)
1,1,1-trichloro- 2,2,2- trilfloroethane (CFC-113a) -
5,000 pounds;
(-ww-)
1,1,1-trifluoro-2,2-dichloroethane (HCFC-123) - 5,000
pounds;
(-xx-)
1,1,1-trifluoroethane (HFC-143a) - 5,000 pounds;
(-yy-)
trifluoromethane (HFC-23) - 5,000 pounds; or
(-zz-)
toluene - 1,000 pounds, except in the HGB and BPA ozone
nonattainment areas as defined in paragraph
(70)(E)(i) and (iii)
[
(ii)
if not listed in clause (i) of this subparagraph, 100
pounds;
(B)
for mixtures of air contaminant compounds:
(i)
where the relative amount of individual air contaminant
compounds is known through common process knowledge or prior engineering analysis
or testing, any amount of an individual air contaminant compound that equals
or exceeds the amount specified in subparagraph (A) of this paragraph;
(ii)
where the relative amount of individual air contaminant
compounds in subparagraph (A)(i) of this paragraph is not known, any amount
of the mixture that equals or exceeds the amount for any single air contaminant
compound that is present in the mixture and listed in subparagraph (A)(i)
of this paragraph;
(iii)
where each of the individual air contaminant compounds
listed in subparagraph (A)(i) of this paragraph are known to be less than
0.02% by weight of the mixture, and each of the other individual air contaminant
compounds covered by subparagraph (A)(ii) of this paragraph are known to be
less than 2.0% by weight of the mixture, any total amount of the mixture of
air contaminant compounds greater than or equal to 5,000 pounds; or
(iv)
where natural gas excluding carbon dioxide, water, nitrogen,
methane, ethane, noble gases, hydrogen, and oxygen or air emissions from crude
oil are known to be in an amount greater than or equal to 5,000 pounds or
the associated hydrogen sulfide and mercaptans in a total amount greater than
100 pounds, whichever occurs first;
(C)
for opacity from boilers and combustion turbines as defined
in this section fueled by natural gas, coal, lignite, wood, fuel oil containing
hazardous air pollutants at a concentration of less than 0.02% by weight,
opacity that is equal to or exceeds 15 additional percentage points above
the applicable limit, averaged over a six-minute period. Opacity is the only
RQ applicable to boilers and combustion turbines described in this paragraph;
or
(D)
for facilities where air contaminant compounds are measured
directly by a continuous emission monitoring system providing updated readings
at a minimum 15-minute interval an amount, approved by the executive director
based on any relevant conditions and a screening model, that would be reported
prior to ground level concentrations reaching at any distance beyond the closest
regulated entity property line:
(i)
less than one-half of any applicable ambient air standards;
and
(ii)
less than two times the concentration of applicable air
emission limitations.
(89)
[
(90)
[
(91)
[
(92)
[
(93)
[
(A)
solid or dissolved material in domestic sewage, or solid
or dissolved material in irrigation return flows, or industrial discharges
subject to regulation by permit issued under the Texas Water Code, Chapter
26;
(B)
soil, dirt, rock, sand, and other natural or man-made inert
solid materials used to fill land, if the object of the fill is to make the
land suitable for the construction of surface improvements; or
(C)
waste materials that result from activities associated
with the exploration, development, or production of oil or gas, or geothermal
resources, and other substance or material regulated by the Railroad Commission
of Texas under Natural Resources Code, §91.101, unless the waste, substance,
or material results from activities associated with gasoline plants, natural
gas liquids processing plants, pressure maintenance plants, or repressurizing
plants and is hazardous waste as defined by the administrator of the United
States Environmental Protection Agency under the federal Solid Waste Disposal
Act, as amended by Resource Conservation and Recovery Act, as amended (42
United States Code, §§6901
et seq.).
(94)
[
(95)
[
(96)
[
(97)
[
(98)
[
(99)
[
(100)
[
(101)
[
(102)
[
(103)
[
(104)
[
(105)
[
(106)
[
(107)
[
(108)
[
(A)
a startup or shutdown that was not part of normal or routine
facility operations, is unpredictable as to timing, and is not the type of
event normally authorized by permit; or
(B)
a maintenance activity that arises from sudden and unforeseeable
events beyond the control of the operator that requires the immediate corrective
action to minimize or avoid an upset or malfunction.
(109)
[
(110)
[
(111)
[
(112)
[
(113)
[
(114)
[
(115)
[
(116)
[
§101.23.Alternate Emission Reduction ("Bubble") Policy.
An owner or operator of any facility that is affected by any control
requirement of
Chapters 111, 112, 113, 115, and 117 of this title (relating
to Control of Air Pollution from Visible Emissions and Particulate Matter;
Control of Air Pollution from Sulfur Compounds; Standards of Performance for
Hazardous Air Pollutants and for Designated Facilities and Pollutants; Control
of Air Pollution from Volatile Organic Compounds; and Control of Air Pollution
from Nitrogen Compounds)
[
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 February 9, 2007.
TRD-200700372
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 239-0348
30 TAC §101.22
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Environmental Quality or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repealed section is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, that authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code (THSC), §382.017,
concerning Rules, that authorizes the commission to adopt rules consistent
with the policy and purposes of the Texas Clean Air Act. The repealed section
is also proposed under THSC, §382.002, concerning Policy and Purpose,
that establishes the commission purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, that authorizes
the commission to control the quality of the state's air; and §382.012,
concerning State Air Control Plan, that authorizes the commission to prepare
and develop a general, comprehensive plan for the control of the state's air.
The repealed section implements THSC, §§382.002, 382.011, 382.012,
and 382.017; and Senate Bill 784, 79th Legislature, 2005.
§101.22.Effective Date.
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 February 9, 2007.
TRD-200700373
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 239-0348
1.
EMISSION CREDIT BANKING AND TRADING
30 TAC §101.302, §101.306
STATUTORY AUTHORITY
The amended sections are proposed under Texas Water Code, §5.103,
concerning Rules, and §5.105, concerning General Policy, that authorize
the commission to adopt rules necessary to carry out its powers and duties
under the Texas Water Code; and under Texas Health and Safety Code (THSC), §382.017,
concerning Rules, that authorizes the commission to adopt rules consistent
with the policy and purposes of the Texas Clean Air Act. The amended sections
are also proposed under THSC, §382.002, concerning Policy and Purpose,
that establishes the commission purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, that authorizes
the commission to control the quality of the state's air; and §382.012,
concerning State Air Control Plan, that authorizes the commission to prepare
and develop a general, comprehensive plan for the control of the state's air.
The amended sections are also proposed under THSC, §382.014, concerning
Emission Inventory, that authorizes the commission to require a person whose
activities cause air contaminant emissions to submit information to enable
the commission to develop an emissions inventory; and §382.051 and §382.0518,
concerning Permitting Authority of Commission and Preconstruction Permit,
that authorize the commission to issue preconstruction and operating air permits.
The amended sections are also proposed under 42 USC, §7410(a)(2)(A),
that requires SIPs to include enforceable measures or techniques, including
economic incentives such as fees, marketable permits, and auction of emission
rights.
The amended sections implement THSC, §§382.002, 382.011, 382.012,
and 382.017; and Senate Bill 784, 79th Legislature, 2005.
§101.302.General Provisions.
(a) - (c)
(No change.)
(d)
Protocol.
(1)
All generators or users of emission credits shall use a
protocol that has been submitted by the executive director to the EPA for
approval, if existing for the applicable facility or mobile source, to measure
and calculate baseline emissions. If the generator or user wishes to deviate
from a protocol submitted by the executive director, EPA approval is required
before the protocol can be used. Protocols must be used as follows.
(A)
Facilities subject to the emission specifications under
§§117.110, 117.210, 117.310, 117.410, 117.1010, 117.1110, 117.1210,
117.1310, 117.2010, 117.2110, or 117.3310
[
(B) - (C)
(No change.)
(2) - (3)
(No change.)
(e) - (l)
(No change.)
§101.306.Emission Credit Use.
(a)
(No change.)
(b)
Credit use calculation.
(1) - (2)
(No change.)
(3)
For emission credits used to comply with
§§117.123,
117.223, 117.320, 117.323, 117.423, 117.1020, 117.1120, 117.1220, or 117.3123
[
(4) (No change.)
(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 February 9, 2007.
TRD-200700374
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 239-0348
30 TAC §§101.350, 101.351, 101.353, 101.354, 101.360
STATUTORY AUTHORITY
The amended sections are proposed under Texas Water Code, §5.103,
concerning Rules, and §5.105, concerning General Policy, that authorize
the commission to adopt rules necessary to carry out its powers and duties
under the Texas Water Code; and under Texas Health and Safety Code (THSC), §382.017,
concerning Rules, that authorizes the commission to adopt rules consistent
with the policy and purposes of the Texas Clean Air Act. The amended sections
are also proposed under THSC, §382.002, concerning Policy and Purpose,
that establishes the commission purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, that authorizes
the commission to control the quality of the state's air; and §382.012,
concerning State Air Control Plan, that authorizes the commission to prepare
and develop a general, comprehensive plan for the control of the state's air.
The amended sections are also proposed under THSC, §382.014, concerning
Emission Inventory, that authorizes the commission to require a person whose
activities cause air contaminant emissions to submit information to enable
the commission to develop an emissions inventory; §382.016, concerning
Monitoring Requirements, that authorizes the commission to prescribe reasonable
requirements for the measuring and monitoring of air contaminant emissions;
and §382.051 and §382.0518, concerning Permitting Authority of Commission
and Preconstruction Permit, that authorize the commission to issue preconstruction
and operating air permits. The amended sections are also proposed under 42
USC, §7410(a)(2)(A), that requires SIPs to include enforceable measures
or techniques, including economic incentives such as fees, marketable permits,
and auction of emission rights.
The amended sections implement THSC, §§382.002, 382.011, 382.012,
and 382.017.
§101.350.Definitions.
The following words and terms, when used in this division, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (9)
(No change.)
(10)
Houston-Galveston-Brazoria (HGB)
[
(11) - (14)
(No change.)
§101.351.Applicability.
(a)
This division applies to all facilities which emit nitrogen
oxides (NO
X
) in the
Houston- Galveston-Brazoria
[
(1)
located at a site which meets the definition of major source,
as defined in §117.10 of this title (relating to Definitions)
;
[
(2)
(No change.)
(b) (No change.)
§101.353.Allocation of Allowances.
(a)
Allowances will be deposited into compliance accounts according
to the following equation except as provided in subsection (b) or (h) of this
section.
(b) - (h) (No change.)
§101.354.Allowance Deductions.
(a)
Allowances will be deducted in tenths of a ton from a site's
compliance account for a control period based upon the monitoring and testing
protocols established in
§§117.340, 117.1240, and 117.2035
[
(b) - (d)
(No change.)
(e)
Allowances shall be deducted from a site's compliance account
in an amount equal to the nitrogen oxides (NO
X
)
emissions increases from facilities not subject to an emission specification
under
§117.310 or §117.2010
[
(f) - (g)
(No change.)
§101.360.Level of Activity Certification.
(a)
The owner or operator of any facility subject to this division
shall certify, no later than June 30, 2001, its historical level of activity
by submitting to the executive director a completed ECT-3 Form, Level of Activity
Certification, along with any supporting information such as usage records,
testing or monitoring data, emission factors, and production records as follows:
(1) - (2)
(No change.)
(3)
for new and modified facilities not in operation prior
to January 1, 1997
,
that are subject to emission specifications
under
§§117.310, 117.1210, or 117.2010
[
(b) - (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 February 9, 2007.
TRD-200700375
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 239-0348
30 TAC §101.372, §101.376
STATUTORY AUTHORITY
The amended sections are proposed under Texas Water Code, §5.103,
concerning Rules, and §5.105, concerning General Policy, that authorize
the commission to adopt rules necessary to carry out its powers and duties
under the Texas Water Code; and under Texas Health and Safety Code (THSC), §382.017,
concerning Rules, that authorizes the commission to adopt rules consistent
with the policy and purposes of the Texas Clean Air Act. The amended sections
are also proposed under THSC, §382.002, concerning Policy and Purpose,
that establishes the commission purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, that authorizes
the commission to control the quality of the state's air; and §382.012,
concerning State Air Control Plan, that authorizes the commission to prepare
and develop a general, comprehensive plan for the control of the state's air.
The amended sections are also proposed under THSC, §382.014, concerning
Emission Inventory, that authorizes the commission to require a person whose
activities cause air contaminant emissions to submit information to enable
the commission to develop an emissions inventory; and §382.051 and §382.0518,
concerning Permitting Authority of Commission and Preconstruction Permit,
that authorize the commission to issue preconstruction and operating air permits.
The amended sections are also proposed under 42 USC, §7410(a)(2)(A),
that requires SIPs to include enforceable measures or techniques, including
economic incentives such as fees, marketable permits, and auction of emission
rights.
The amended sections implement THSC, §§382.002, 382.011, 382.012,
and 382.017; and Senate Bill 784, 79th Legislature, 2005.
§101.372.General Provisions.
(a) - (c)
(No change.)
(d)
Protocol.
(1)
All generators or users of discrete emission credits must
use a protocol which has been submitted by the executive director to the EPA
for approval, if existing for the applicable facility or mobile source, to
measure and calculate baseline emissions. If the generator or user wishes
to deviate from a protocol submitted by the executive director, EPA approval
is required before the protocol can be used. Protocols shall be used as follows.
(A)
Facilities subject to the emission specifications under
§§117.110, 117.210, 117.310, 117.410, 117.1010, 117.1110, 117.1210,
117.1310, 117.2010, 117.2110, or 117.3310
[
(B)
Facilities subject to the requirements under §§115.112,
115.121, 115.122, 115.162, 115.211, 115.212, 115.352, 115.421, 115.541, or
115.542
of this title
(relating to [
(C)
(No change.)
(2) - (3)
(No change.)
(e) - (m)
(No change.)
§101.376.Discrete Emission Credit Use.
(a) - (c)
(No change.)
(d)
Notice of intent to use.
(1)
(No change.)
(2)
DERC use calculation.
(A)
To calculate the amount of discrete emission credits necessary
to comply with
§§117.123, 117.223, 117.320, 117.323, 117.423,
117.1020, 117.1120, 117.1220, 117.3020, or 117.3123
[
(i)
For the rolling average cap:
Figure: 30 TAC §101.376(d)(2)(A)(i)
(ii)
For maximum daily cap:
Figure: 30 TAC §101.376(d)(2)(A)(ii)
(B) - (E) (No change.)
(3) - (5)
(No change.)
(e)
(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 February 9, 2007.
TRD-200700376
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 239-0348
§330.4
] of
this title (relating to Permit Required);
§330.4
] of this title;
Chapter 101.
GENERAL AIR QUALITY RULES
chapter
], have the following meanings, unless the context clearly indicates
otherwise.
metal
] parts or to
dry the parts by spraying, brushing, flushing, and/or immersion while maintaining
the solvent below its boiling point. Wipe cleaning (hand cleaning) is not
included in this definition.
metal
] parts to be cleaned or dried
using either cold solvent or vaporized solvent. A conveyorized degreasing
process is fully enclosed except for the conveyor inlet and exit portals.
(42)
Hazardous waste management
facility--All contiguous land, including structures, appurtenances, and other
improvements on the land, used for processing, storing, or disposing of hazardous
waste. The term includes a publicly or privately owned hazardous waste management
facility consisting of processing, storage, or disposal operational hazardous
waste management units such as one or more landfills, surface impoundments,
waste piles, incinerators, boilers, and industrial furnaces, including cement
kilns, injection wells, salt dome waste containment caverns, land treatment
facilities, or a combination of units.]
(43)
Hazardous waste management
unit--A landfill, surface impoundment, waste pile, boiler, industrial furnace,
incinerator, cement kiln, injection well, container, drum, salt dome waste
containment cavern, or land treatment unit, or any other structure, vessel,
appurtenance, or other improvement on land used to manage hazardous waste.]
(44)
] Hazardous wastes--Any solid
waste identified or listed as a hazardous waste by the administrator of the
United States Environmental Protection Agency under the federal Solid Waste
Disposal Act, as amended by Resource Conservation and Recovery Act, 42 United
States Code, §§6901
et seq.,
as
amended.
(45)
] Heatset (used in offset lithographic
printing)--Any operation where heat is required to evaporate ink oil from
the printing ink. Hot air dryers are used to deliver the heat.
(46)
] High-bake coatings--Coatings
designed to cure at temperatures above 194 degrees Fahrenheit.
(47)
] High-volume low-pressure
spray guns--Equipment used to apply coatings by means of a spray gun that
operates between 0.1 and 10.0 pounds per square inch gauge air pressure
measured at the air cap
.
(48)
] Incinerator--An enclosed
combustion apparatus and attachments that is used in the process of burning
wastes for the primary purpose of reducing its volume and weight by removing
the combustibles of the waste and is equipped with a flue for conducting products
of combustion to the atmosphere. Any combustion device that burns 10% or more
of solid waste on a total British thermal unit (Btu) heat input basis averaged
over any one-hour period is considered to be an incinerator. A combustion
device without instrumentation or methodology to determine hourly flow rates
of solid waste and burning 1.0% or more of solid waste on a total Btu heat
input basis averaged annually is also considered to be an incinerator. An
open-trench type (with closed ends) combustion unit may be considered an incinerator
when approved by the executive director. Devices burning untreated wood scraps,
waste wood, or sludge from the treatment of wastewater from the process mills
as a primary fuel for heat recovery are not included under this definition.
Combustion devices permitted under this title as combustion devices other
than incinerators will not be considered incinerators for application of any
rule within this title provided they are installed and operated in compliance
with the condition of all applicable permits.
(49)
] Industrial boiler--A boiler
located on the site of a facility engaged in a manufacturing process where
substances are transformed into new products, including the component parts
of products, by mechanical or chemical processes.
(50)
] Industrial furnace--Cement
kilns; lime kilns; aggregate kilns; phosphate kilns; coke ovens; blast furnaces;
smelting, melting, or refining furnaces, including pyrometallurgical devices
such as cupolas, reverberator furnaces, sintering machines, roasters, or foundry
furnaces; titanium dioxide chloride process oxidation reactors; methane reforming
furnaces; pulping recovery furnaces; combustion devices used in the recovery
of sulfur values from spent sulfuric acid; and other devices the commission
may list.
(51)
] Industrial solid waste--Solid
waste resulting from, or incidental to, any process of industry or manufacturing,
or mining or agricultural operations, classified as follows.
(52)
] Internal floating cover--A
cover or floating roof in a fixed roof tank that rests upon or is floated
upon the liquid being contained, and is equipped with a closure seal or seals
to close the space between the cover edge and tank shell.
(53)
] Leak--A volatile organic
compound concentration greater than 10,000 parts per million by volume or
the amount specified by applicable rule, whichever is lower; or the dripping
or exuding of process fluid based on sight, smell, or sound.
(54)
] Liquid fuel--A liquid combustible
mixture, not derived from hazardous waste, with a heating value of at least
5,000 British thermal units per pound.
(55)
] Liquid-mounted seal--A primary
seal mounted in continuous contact with the liquid between the tank wall and
the floating roof around the circumference of the tank.
(56)
] Maintenance area--A geographic
region of the state previously designated nonattainment under the Federal
Clean Air Act Amendments of 1990 and subsequently redesignated to attainment
subject to the requirement to develop a maintenance plan under 42 United States
Code, §7505a. The following are the maintenance areas within the state:
(57)
] Maintenance plan--A revision
to the applicable state implementation plan, meeting the requirements of 42
United States Code, §7505a.
(58)
] Marine vessel--Any watercraft
used, or capable of being used, as a means of transportation on water, and
that is constructed or adapted to carry, or that carries, oil, gasoline, or
other volatile organic liquid in bulk as a cargo or cargo residue.
(59)
] Mechanical shoe seal--A metal
sheet that is held vertically against the storage tank wall by springs or
weighted levers and is connected by braces to the floating roof. A flexible
coated fabric (envelope) spans the annular space between the metal sheet and
the floating roof.
(60)
] Medical waste--Waste materials
identified by the Department of State Health Services as "special waste from
health care-related facilities" and those waste materials commingled and discarded
with special waste from health care-related facilities.
(61)
] Metropolitan Planning Organization--That
organization designated as being responsible, together with the state, for
conducting the continuing, cooperative, and comprehensive planning process
under 23 United States Code (USC), §134 and 49 USC, §1607.
(62)
] Mobile emissions reduction
credit--The credit obtained from an enforceable, permanent, quantifiable,
and surplus (to other federal and state rules) emissions reduction generated
by a mobile source as set forth in Chapter 114, Subchapter [
E or
]
F of this title ([
relating to Low Emission Vehicle Fleet Requirements
and
] Vehicle Retirement and Mobile Emission Reduction Credits), and
that has been banked in accordance with Subchapter H, Division 1 of this chapter.
(63)
] Motor vehicle--A self-propelled
vehicle designed for transporting persons or property on a street or highway.
(64)
] Motor vehicle fuel dispensing
facility--Any site where gasoline is dispensed to motor vehicle fuel tanks
from stationary storage tanks.
(65)
] Municipal solid waste--Solid
waste resulting from, or incidental to, municipal, community, commercial,
institutional, and recreational activities, including garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles, and all other solid
waste except industrial solid waste.
(66)
] Municipal solid waste facility--All
contiguous land, structures, other appurtenances, and improvements on the
land used for processing, storing, or disposing of solid waste. A facility
may be publicly or privately owned and may consist of several processing,
storage, or disposal operational units, e.g., one or more landfills, surface
impoundments, or combinations of them.
(67)
] Municipal solid waste landfill--A
discrete area of land or an excavation that receives household waste and that
is not a land application unit, surface impoundment, injection well, or waste
pile, as those terms are defined under 40 Code of Federal Regulations §257.2.
A municipal solid waste landfill (MSWLF) unit also may receive other types
of Resource Conservation and Recovery Act Subtitle D wastes, such as commercial
solid waste, nonhazardous sludge, conditionally exempt small-quantity generator
waste, and industrial solid waste. Such a landfill may be publicly or privately
owned. An MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a
lateral expansion.
(68)
] National ambient air quality
standard--Those standards established under 42 United States Code, §7409,
including standards for carbon monoxide, lead, nitrogen dioxide, ozone, inhalable
particulate matter, and sulfur dioxide.
(69)
] Net ground-level concentration--The
concentration of an air contaminant as measured at or beyond the property
boundary minus the representative concentration flowing onto a property as
measured at any point. Where there is no expected influence of the air contaminant
flowing onto a property from other sources, the net ground level concentration
may be determined by a measurement at or beyond the property boundary.
(70)
] New source--Any stationary
source, the construction or modification of which was commenced after March
5, 1972.
(71)
] Nonattainment area--A defined
region within the state that is designated by the United States Environmental
Protection Agency (EPA) as failing to meet the national ambient air quality
standard for a pollutant for which a standard exists. The EPA will designate
the area as nonattainment under the provisions of 42 United States Code, §7407(d).
For the official list and boundaries of nonattainment areas, see 40 Code of
Federal Regulations Part 81 and pertinent
Federal
Register
(FR) notices. The following areas comprise the nonattainment
areas within the state for all national ambient air quality standards (NAAQS).
EPA has indicated that it will revoke the one-hour ozone standard in full,
including the associated designations and classifications, on June 15, 2005,
which is one year following the effective date of the designations for the
eight-hour NAAQS of June 15, 2004.
(72)
] Non-reportable emissions
event--Any emissions event that in any 24-hour period does not result in an
unauthorized emission from any emissions point equal to or in excess of the
reportable quantity as defined in this section.
(73)
] Opacity--The degree to which
an emission of air contaminants obstructs the transmission of light expressed
as the percentage of light obstructed as measured by an optical instrument
or trained observer.
(74)
] Open-top vapor degreasing--A
batch solvent cleaning process that is open to the air and that uses boiling
solvent to create solvent vapor used to clean or dry [
metal
] parts
through condensation of the hot solvent vapors on the colder metal parts.
(75)
] Outdoor burning--Any fire
or smoke-producing process that is not conducted in a combustion unit.
(76)
] Particulate matter--Any material,
except uncombined water, that exists as a solid or liquid in the atmosphere
or in a gas stream at standard conditions.
(77)
] Particulate matter emissions--All
finely-divided solid or liquid material, other than uncombined water, emitted
to the ambient air as measured by United States Environmental Protection Agency
Reference Method 5, as specified at 40 Code of Federal Regulations (CFR) Part
60, Appendix A, modified to include particulate caught by an impinger train;
by an equivalent or alternative method, as specified at 40 CFR Part 51; or
by a test method specified in an approved state implementation plan.
(78)
] Petroleum refinery--Any facility
engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel
oils, lubricants, or other products through distillation of crude oil, or
through the redistillation, cracking, extraction, reforming, or other processing
of unfinished petroleum derivatives.
(79)
] PM
10
--Particulate matter with an aerodynamic diameter less than or equal
to a nominal ten micrometers as measured by a reference method based on 40
Code of Federal Regulations (CFR) Part 50, Appendix J, and designated in accordance
with 40 CFR Part 53, or by an equivalent method designated with that Part
53.
(80)
] PM
10
emissions--Finely-divided solid or liquid material with an aerodynamic
diameter less than or equal to a nominal ten micrometers emitted to the ambient
air as measured by an applicable reference method, or an equivalent or alternative
method specified in 40 Code of Federal Regulations Part 51, or by a test method
specified in an approved state implementation plan.
(81)
] Polychlorinated biphenyl
compound--A compound subject to 40 Code of Federal Regulations Part 761.
(82)
] Process or processes--Any
action, operation, or treatment embracing chemical, commercial, industrial,
or manufacturing factors such as combustion units, kilns, stills, dryers,
roasters, and equipment used in connection therewith, and all other methods
or forms of manufacturing or processing that may emit smoke, particulate matter,
gaseous matter, or visible emissions.
(83)
] Process weight per hour--"Process
weight" is the total weight of all materials introduced or recirculated into
any specific process that may cause any discharge of air contaminants into
the atmosphere. Solid fuels charged into the process will be considered as
part of the process weight, but liquid and gaseous fuels and combustion air
will not. The "process weight per hour" will be derived by dividing the total
process weight by the number of hours in one complete operation from the beginning
of any given process to the completion thereof, excluding any time during
that the equipment used to conduct the process is idle. For continuous operation,
the "process weight per hour" will be derived by dividing the total process
weight for a 24-hour period by 24.
(84)
] Property--All land under
common control or ownership coupled with all improvements on such land, and
all fixed or movable objects on such land, or any vessel on the waters of
this state.
(85)
] Reasonable further progress--Annual
incremental reductions in emissions of the applicable air contaminant that
are sufficient to provide for attainment of the applicable national ambient
air quality standard in the designated nonattainment areas by the date required
in the state implementation plan.
(86)
] Regulated entity--All regulated
units, facilities, equipment, structures, or sources at one street address
or location that are owned or operated by the same person. The term includes
any property under common ownership or control identified in a permit or used
in conjunction with the regulated activity at the same street address or location.
Owners or operators of pipelines, gathering lines, and flowlines under common
ownership or control in a particular county may be treated as a single regulated
entity for purposes of assessment and regulation of emissions events.
(87)
] Remote reservoir cold solvent
cleaning--Any cold solvent cleaning operation in which liquid solvent is pumped
to a sink-like work area that drains solvent back into an enclosed container
while parts are being cleaned, allowing no solvent to pool in the work area.
(88)
] Reportable emissions event--Any
emissions event that in any 24-hour period, results in an unauthorized emission
from any emissions point equal to or in excess of the reportable quantity
as defined in this section.
(89)
] Reportable quantity (RQ)--Is
as follows:
(71)(E)(i) and (iii)
]
of this section, where the RQ must be 100 pounds;
(71)(E)(i) and (iii)
] of this section,
where the RQ must be 100 pounds;
,
]- dichlorotetrafluoroethane (CFC-114a)
- 5,000 pounds;
(71)(E)(i) and (iii)
] of this section, where the RQ must be 100 pounds;
(71)(E)(i) and (iii)
] of this section, where the RQ must
be 100 pounds;
(71)(E)(i) and (iii)
] of this section, where the RQ must be 100 pounds;
(90)
] Rubbish--Nonputrescible solid
waste, consisting of both combustible and noncombustible waste materials.
Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials. Noncombustible
rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture,
and like materials that will not burn at ordinary incinerator temperatures
(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
(91)
] Scheduled maintenance, startup,
or shutdown activity--For activities with unauthorized emissions that are
expected to exceed a reportable quantity (RQ), a scheduled maintenance, startup,
or shutdown activity is an activity that the owner or operator of the regulated
entity whether performing or otherwise affected by the activity, provides
prior notice and a final report as required by §101.211 of this title
(relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping
Requirements); the notice or final report includes the information required
in §101.211 of this title; and the actual unauthorized emissions from
the activity do not exceed the emissions estimates submitted in the initial
notification by more than an RQ. For activities with unauthorized emissions
that are not expected to, and do not, exceed an RQ, a scheduled maintenance,
startup, or shutdown activity is one that is recorded as required by §101.211
of this title. Expected excess opacity events as described in §101.201(e)
of this title (relating to Emissions Event Reporting and Recordkeeping Requirements)
resulting from scheduled maintenance, startup, or shutdown activities are
those that provide prior notice (if required), and are recorded and reported
as required by §101.211 of this title.
(92)
] Sludge--Any solid or semi-solid,
or liquid waste generated from a municipal, commercial, or industrial wastewater
treatment plant; water supply treatment plant, exclusive of the treated effluent
from a wastewater treatment plant; or air pollution control equipment.
(93)
] Smoke--Small gas-born particles
resulting from incomplete combustion consisting predominately of carbon and
other combustible material and present in sufficient quantity to be visible.
(94)
] Solid waste--Garbage, rubbish,
refuse, sludge from a waste water treatment plant, water supply treatment
plant, or air pollution control equipment, and other discarded material, including
solid, liquid, semisolid, or containerized gaseous material resulting from
industrial, municipal, commercial, mining, and agricultural operations and
from community and institutional activities. The term does not include:
(95)
] Sour crude--A crude oil that
will emit a sour gas when in equilibrium at atmospheric pressure.
(96)
] Sour gas--Any natural gas
containing more than 1.5 grains of hydrogen sulfide per 100 cubic feet, or
more than 30 grains of total sulfur per 100 cubic feet.
(97)
] Source--A point of origin
of air contaminants, whether privately or publicly owned or operated. Upon
request of a source owner, the executive director shall determine whether
multiple processes emitting air contaminants from a single point of emission
will be treated as a single source or as multiple sources.
(98)
] Special waste from health
care-related facilities--A solid waste that if improperly treated or handled,
may serve to transmit infectious disease(s) and that is comprised of the following:
animal waste, bulk blood and blood products, microbiological waste, pathological
waste, and sharps.
(99)
] Standard conditions--A condition
at a temperature of 68 degrees Fahrenheit (20 degrees Centigrade) and a pressure
of 14.7 pounds per square inch absolute (101.3 kiloPascals). [
Pollutant
concentrations from an incinerator will be corrected to a condition of 50%
excess air if the incinerator is operating at greater than 50% excess air.
]
(100)
] Standard metropolitan statistical
area--An area consisting of a county or one or more contiguous counties that
is officially so designated by the United States Bureau of the Budget.
(101)
] Submerged fill pipe--A
fill pipe that extends from the top of a tank to have a maximum clearance
of six inches (15.2 centimeters) from the bottom or, when applied to a tank
that is loaded from the side, that has a discharge opening entirely submerged
when the pipe used to withdraw liquid from the tank can no longer withdraw
liquid in normal operation.
(102)
] Sulfur compounds--All inorganic
or organic chemicals having an atom or atoms of sulfur in their chemical structure.
(103)
] Sulfuric acid mist/sulfuric
acid--Emissions of sulfuric acid mist and sulfuric acid are considered to
be the same air contaminant calculated as H
2
SO
(104)
] Sweet crude oil and gas--Those
crude petroleum hydrocarbons that are not "sour" as defined in this section.
(105)
] Total suspended particulate--Particulate
matter as measured by the method described in 40 Code of Federal Regulations
Part 50, Appendix B.
(106)
] Transfer efficiency--The
amount of coating solids deposited onto the surface or a part of product divided
by the total amount of coating solids delivered to the coating application
system.
(107)
] True vapor pressure--The
absolute aggregate partial vapor pressure, measured in pounds per square inch
absolute, of all volatile organic compounds at the temperature of storage,
handling, or processing.
(108)
] Unauthorized emissions--Emissions
of any air contaminant except carbon dioxide, water, nitrogen, methane, ethane,
noble gases, hydrogen, and oxygen that exceed any air emission limitation
in a permit, rule, or order of the commission or as authorized by Texas Clean
Air Act, §382.0518(g).
(109)
] Unplanned maintenance,
startup, or shutdown activity--For activities with unauthorized emissions
that are expected to exceed a reportable quantity or with excess opacity,
an unplanned maintenance, startup, or shutdown activity is:
(110)
] Upset event--
An
[
an
] unplanned and unavoidable breakdown or excursion of a process or
operation that results in unauthorized emissions. A maintenance, startup,
or shutdown activity that was reported under §101.211 of this title (relating
to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping
Requirements), but had emissions that exceeded the reported amount by more
than a reportable quantity due to an unplanned and unavoidable breakdown or
excursion of a process or operation is an upset event.
(111)
] Utility boiler--A boiler
used to produce electric power, steam, or heated or cooled air, or other gases
or fluids for sale.
(112)
] Vapor combustor--A partially
enclosed combustion device used to destroy volatile organic compounds by smokeless
combustion without extracting energy in the form of process heat or steam.
The combustion flame may be partially visible, but at no time does the device
operate with an uncontrolled flame. Auxiliary fuel and/or a flame air control
damping system that can operate at all times to control the air/fuel mixture
to the combustor's flame zone, may be required to ensure smokeless combustion
during operation.
(113)
] Vapor-mounted seal--A primary
seal mounted so there is an annular space underneath the seal. The annular
vapor space is bounded by the bottom of the primary seal, the tank wall, the
liquid surface, and the floating roof or cover.
(114)
] Vent--Any duct, stack,
chimney, flue, conduit, or other device used to conduct air contaminants into
the atmosphere.
(115)
] Visible emissions--Particulate
or gaseous matter that can be detected by the human eye. The radiant energy
from an open flame is
not
considered [
to be
] a visible
emission under this definition.
(116)
] Volatile organic compound--As
defined in 40 Code of Federal Regulations §51.100(s), except §51.100(s)(2)
- (4), as amended on November 29, 2004 (69 FR 69290).
(117)
] Volatile organic compound
(VOC) water separator--Any tank, box, sump, or other container in which any
VOC, floating on or contained in water entering such tank, box, sump, or other
container, is physically separated and removed from such water prior to outfall,
drainage, or recovery of such water.
TACB Regulations I, II, III, V, VII,
and IX
] adopted on or after March 30, 1979, may, prior to compliance
with such requirement, request the executive director to approve control of
emissions from an alternate facility or from alternate facilities located
on the affected property and owned or operated by or under the control of
the owner or operator of the affected facility in lieu of compliance with
the requirement as prescribed in the regulation, provided the alternate proposed
controls are not required by any
Texas Commission on Environmental Quality
(TCEQ)
[
TACB
] rule, regulation, permit condition,
commission
[
board
] order, or court order. The executive director shall
approve control of emissions from alternate facilities if the applicant demonstrates
that the alternate controls will yield, by the date specified in the rule,
emission reductions that are substantially equivalent to the emissions reductions
which would otherwise be required in terms of their quantity, character, air
quality impacts including health and welfare effects, and area affected. Facilities
which receive the executive director's approval of an alternate emissions
control plan will be deemed to have complied with the otherwise applicable
TCEQ
[
TACB
] rule. However, the executive director may, after
notice and opportunity for public hearing, revoke the credit or authority
for alternate controls if
the executive director
[
he
]
determines that any of the prerequisites for approval of the alternate controls
are no longer met or if further emission reductions are needed to meet the
intent of the Texas Clean Air Act.
Subchapter H. EMISSIONS BANKING AND TRADING
§§117.106,
117.206, or 117.475
] of this title (relating to Emission Specifications
for Attainment
Demonstration
[
Demonstrations
];
Emission Specifications for Eight-Hour Attainment Demonstration;
and
Emission Specifications) shall quantify reductions in nitrogen oxide emissions
using the testing and monitoring methodologies identified to show compliance
with the emission specification.
§§117.108, 117.210, or 117.223
] of this title
(relating to [
System Cap; and
] Source Cap
; System Cap; and
Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration Control Requirements
), the number of emission credits needed for increasing the 30-day rolling
average emission cap or maximum daily cap should be determined according to
the following equation plus an additional 10% to be retired as an environmental
contribution.
3.
MASS EMISSIONS CAP AND TRADE PROGRAM
Houston/Galveston
(HGA)
] ozone nonattainment area--As defined in §101.1 of this title
(relating to Definitions).
Houston/Galveston
] ozone nonattainment area, as defined
in §101.1 of this title (relating to Definitions) which are subject to
the emission specifications under
§§117.310, 117.1210, or 117.2010
[
§§117.106, 117.206, or 117.475
] of this title
(relating to Emission Specifications for Attainment
Demonstration
[
Demonstrations
] and Emission Specifications) and which are:
,
] or
§§117.114, 117.214, and 117.479
] of this title
(relating to
Continuous Demonstration of Compliance; and Monitoring and
Testing Requirements
[
Emission Testing and Monitoring for the Houston/Galveston
Attainment Demonstration; and Monitoring, Recordkeeping, and Reporting Requirements
]).
§117.206 or §117.475
] of this title (relating to Emission Specifications for Attainment
Demonstration
[
Demonstrations
]; and Emission Specifications)
which result from changes made after December 31, 2000
,
to facilities
subject to this division and
§117.310(e)(3)
[
§117.206(h)(3)
] or
§117.2010(f)
[
§117.475(f)
] of this
title. Documentation detailing these increases in NO
X
emissions shall be included with the submittal of the ECT-1 Form,
Annual Compliance Report.
§§117.106,
117.206, or 117.475
] of this title (relating to Emission Specifications
for Attainment
Demonstration
[
Demonstrations
]; and Emission
Specifications) that were first adopted after April 1, 2001, and either have
submitted under Chapter 116 of this title an application which the executive
director has determined to be administratively complete within 90 days of
the effective date of this emission specification, or have qualified for a
permit by rule under Chapter 106 of this title [
(relating to Permits
by Rule)
] and have commenced construction within 90 days of the effective
date of the emission specification, the level of activity authorized by the
executive director.
4.
DISCRETE EMISSION CREDIT BANKING AND TRADING
§§117.106,
117.206, or 117.475
] of this title (relating to Emission Specifications
for Attainment
Demonstration
[
Demonstrations
];
Emission Specifications for Eight-Hour Attainment Demonstration;
and
Emission Specifications) shall quantify reductions in NO
x
using the testing and monitoring methodologies identified to show
compliance with the emission specification.
Emission Specifications;
and
] Control Requirements
and Emission Specifications
) shall
quantify VOC reductions using the testing and monitoring methodologies identified
to show compliance with the emission specifications or the requirements.
§§117.108,
117.138, 117.210, or 117.223
] of this title (relating to [
System
Cap; and
] Source Cap
; System Cap; and Dallas-Fort Worth Eight-Hour
Ozone Attainment Demonstration Control Requirements
), a user may use
the equations listed in those sections, or the following equations.
5.
SYSTEM CAP TRADING