PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 117. CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
The Texas Commission on Environmental Quality (TCEQ or commission) adopts amendments to §§117.140, 117.145, 117.340, 117.345, 117.2035, and 117.2045 without changes to the proposed text as published in the September 5, 2008, issue of the Texas Register (33 TexReg 7443).
Sections 117.140, 117.145, 117.340, 117.345, 117.2035, and 117.2045 will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the state implementation plan.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES
On October 15, 2007, Viridis Energy Texas, L.P., submitted two petitions for rulemaking regarding provisions for output-based monitoring alternatives for stationary engines and stationary gas turbines at major and minor sources of nitrogen oxides (NOX) in the Houston-Galveston-Brazoria (HGB) ozone nonattainment area. The commission approved the petitions for rulemaking on December 5, 2007, and issued an order on December 13, 2007, directing the executive director to examine the issues in the petitions and to initiate rulemaking.
At the April 16, 2008, commissioners' agenda, the commissioners agreed to remand the proposed rule change and directed staff to examine expanding the proposed rules to include the Beaumont-Port Arthur (BPA) ozone nonattainment area. Staff concluded that expanding the rules to include the BPA ozone nonattainment area would provide additional flexibility for owners and operators of applicable sources to monitor unit activity levels in the manner most appropriate for their facility.
The rules in Chapter 117 currently require stationary reciprocating internal combustion engines and stationary gas turbines located at major sources of NOX in the BPA and HGB ozone nonattainment areas to each have a fuel flow meter installed. Stationary reciprocating internal combustion engines and stationary gas turbines located at minor sources of NOX in the HGB ozone nonattainment area that are in the Mass Emission Cap and Trade (MECT) Program are also required to have a fuel flow meter installed. The adopted rule change will allow the use of output-based monitoring as an alternative to the engine and turbine fuel flow meter requirements for the BPA and HGB ozone nonattainment areas. The adopted rule change will be consistent with an option currently allowed under Chapter 117 for engines in the Dallas-Fort Worth (DFW) eight-hour ozone nonattainment area. During the recent DFW eight-hour ozone nonattainment area rulemaking under Chapter 117, a provision was added under §117.440(a)(2)(D), in response to comment, to allow the output-based alternative to fuel flow monitoring for stationary internal combustion engines and stationary gas turbines. Similar provisions were not provided for the BPA and HGB ozone nonattainment areas because no comments were accepted for the BPA and HGB ozone nonattainment areas at that time.
The adopted rules will amend the major source rule in the BPA ozone nonattainment area in Chapter 117, Subchapter B, Division 1, and amend both the major and minor source rules for the HGB ozone nonattainment area in Chapter 117, Subchapter B, Division 3 and Subchapter D, Division 1. These adopted changes will be consistent with the output-based monitoring option currently allowed for stationary reciprocating internal combustion engines and stationary gas turbines at major sources in the DFW eight-hour ozone nonattainment area. The adopted rule change applies to major sources of NOX in the BPA and HGB nonattainment areas, and provides output-based monitoring as an additional alternative to the existing requirement to install fuel flow meters on stationary reciprocating internal combustion engines and stationary gas turbines. For consistency with the DFW eight-hour ozone nonattainment area requirements, a corresponding addition is needed to prescribe recordkeeping requirements for sources using the output-based monitoring option. Owners or operators using output-based monitoring will be required to maintain records of daily average horsepower and hours of operation.
The adopted rule change also applies to minor sources of NOX in the HGB ozone nonattainment area, and provides output-based monitoring as an additional alternative to the existing requirement to install fuel flow meters on stationary reciprocating internal combustion engines and stationary gas turbines. For consistency with the DFW eight-hour ozone nonattainment area requirements, a corresponding addition is needed to prescribe recordkeeping requirements for sources using the output-based monitoring option. Owners or operators using output-based monitoring will be required to maintain records of daily average horsepower and hours of operation.
SECTION BY SECTION DISCUSSION
The adopted rules amend the major source rules in the BPA ozone nonattainment area in Chapter 117, Subchapter B, Division 1, §117.140 and §117.145, and both the major and minor source rules for the HGB ozone nonattainment area in Chapter 117, Subchapter B, Division 3, §117.340 and §117.345, and Chapter 117, Subchapter D, Division 1, §117.2035 and §117.2045. These adopted changes will be consistent with the output-based monitoring option currently allowed for stationary engines and gas turbines at major sources in the DFW eight-hour ozone nonattainment area.
SUBCHAPTER B, COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS
DIVISION 1, BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES
Section 117.140, Continuous Demonstration of Compliance
The commission adopts §117.140(a)(2) to include a subparagraph (D). Section 117.140(a)(2) provides for alternatives to the totalizing fuel flow meter requirement in §117.140(a). Adopted subparagraph (D) provides an additional output-based alternative for stationary reciprocating internal combustion engines and stationary gas turbines to the §117.140(a) requirement to install, calibrate, maintain, and operate totalizing fuel flow meters on each applicable unit listed under §117.140(a)(1). Applicable units in §117.140(a)(1)(B) and (C) include, respectively, stationary reciprocating internal combustion engines and stationary gas turbines.
The adopted new subparagraph (D) specifies that stationary reciprocating internal combustion engines and stationary gas turbines equipped with a continuous monitoring system that continuously monitors horsepower and hours of operation are not required to install totalizing fuel flow meters. The continuous monitoring system must be installed, calibrated, maintained, and operated according to manufacturers' recommended procedures. This language is identical to existing rule text for the output-based monitoring alternative for stationary engines and stationary gas turbines in the DFW eight-hour ozone nonattainment area.
Section 117.145, Notification, Recordkeeping, and Reporting Requirements
The commission adopts §117.145(f) to include a paragraph (10) for recordkeeping requirements consistent with the horsepower and hours of operation data that would be collected by the output-based alternative monitoring provision of adopted §117.140(a)(2)(D). Existing §117.145(f) consists of the recordkeeping requirements for units subject to Division 1. The subsection directs owners or operators of subject units to maintain written or electronic records of specified data for a period of at least five years and make available upon request by authorized representatives of the executive director, the EPA, or local air pollution control agencies having jurisdiction. Existing §117.145(f)(1) - (9) detail the types of data to be recorded depending on the specific compliance and monitoring methodologies specified in this division.
Adopted §117.145(f)(10) specifies the recordkeeping requirements of output-based monitoring data based on the existing recordkeeping rule text in §117.445(f)(3)(C) for output-based data collection in the DFW eight-hour ozone nonattainment area. Adopted §117.145(f)(10) states that an owner or operator electing to use the alternative monitoring system allowed under §117.140(a)(2)(D) shall record the daily average horsepower and total daily hours of operation. In addition, adopted paragraph (10) clarifies that records of annual fuel usage specified under §117.145(f)(1) are not required for units that are monitored according to adopted §117.140(a)(2)(D).
SUBCHAPTER B, COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS
DIVISION 3, HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES
Section 117.340, Continuous Demonstration of Compliance
The commission adopts §117.340(a)(2) to include a subparagraph (D). Section 117.340(a)(2) provides for alternatives to the totalizing fuel flow meter requirement in §117.340(a). Adopted subparagraph (D) provides an additional output-based alternative for stationary reciprocating internal combustion engines and stationary gas turbines to the §117.340(a) requirement to install, calibrate, maintain, and operate totalizing fuel flow meters on each applicable unit listed under §117.340(a)(1). Applicable units in §117.340(a)(1)(A)(ii) and (iii) include, respectively, stationary reciprocating internal combustion engines and stationary gas turbines.
The adopted new §117.340(a)(2)(D) specifies that stationary reciprocating internal combustion engines and stationary gas turbines equipped with a continuous monitoring system that continuously monitors horsepower and hours of operation are not required to install totalizing fuel flow meters. The continuous monitoring system must be installed, calibrated, maintained, and operated according to manufacturers' recommended procedures. This language is identical to existing rule text for the output-based monitoring alternative for stationary engines and stationary gas turbines in the DFW eight-hour ozone nonattainment area.
Section 117.345, Notification, Recordkeeping, and Reporting Requirements
The commission adopts §117.345(f) to include a paragraph (12) for recordkeeping requirements consistent with the horsepower and hours of operation data that would be collected by the output-based alternative monitoring provision of adopted §117.340(a)(2)(D). Existing §117.345(f) consists of the recordkeeping requirements for units subject to this division. The subsection directs owners or operators of subject units to maintain written or electronic records of specified data for a period of at least five years and make available upon request by authorized representatives of the executive director, EPA, or local air pollution control agencies having jurisdiction. Existing §117.345(f)(1) - (11) detail the types of data to be recorded depending on the specific compliance and monitoring methodologies specified in this division and under 30 TAC Chapter 101, Subchapter H, Division 3, Mass Emissions Cap and Trade.
Adopted §117.345(f)(12) specifies the recordkeeping requirements of output-based monitoring data based on the existing recordkeeping rule text in §117.445(f)(3)(C) for output-based data collection in the DFW eight-hour ozone nonattainment area. Adopted §117.345(f)(12) states that an owner or operator electing to use the alternative monitoring system allowed under §117.340(a)(2)(D) shall record the daily average horsepower and total daily hours of operation. In addition, adopted paragraph (12) clarifies that records of annual fuel usage specified under §117.345(f)(1) are not required for units that are monitored according to adopted new §117.340(a)(2)(D).
SUBCHAPTER D, COMBUSTION CONTROL AT MINOR SOURCES IN OZONE NONATTAINMENT AREAS
DIVISION 1, HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MINOR SOURCES
Section 117.2035, Monitoring and Testing Requirements
The commission adopts §117.2035(a)(2) by adding a subparagraph (G), which provides an output-based monitoring alternative to installing, calibrating, maintaining, and operating totalizing fuel flow meters for stationary reciprocating internal combustion engines and stationary gas turbines at minor sources in the HGB ozone nonattainment area. Existing §117.2035(a)(2)(A) - (F) specifies alternatives to the fuel flow meter requirements of this section. This rulemaking adoption creates a subparagraph (G) to add an output-based monitoring alternative to the existing alternatives to the fuel flow monitoring requirement.
Adopted §117.2035(a)(2)(G) allows owners or operators to use a continuous monitoring system that continuously monitors horsepower and hours of operation as an alternative to installing fuel meters. The monitoring system must be installed, calibrated, maintained, and operated according to the manufacturers' recommended procedures. This rule language is consistent with the existing output-based monitoring alternative for major sources in the DFW eight-hour ozone nonattainment area and the adopted major source output-based monitoring alternative included in this rulemaking.
Section 117.2045, Recordkeeping and Reporting Requirements
The commission adopts §117.2045(a) to include a paragraph (7) requiring records of daily average horsepower and total daily hours of operation for each engine that the owner or operator elects to use the output-based monitoring option under adopted §117.2035(a)(2)(G). Adopted paragraph (7) provides consistent recordkeeping and reporting requirements for data collected using the output-based alternative monitoring provisions for stationary engines and stationary gas turbines. Adopted §117.2045(a)(7) requires an owner or operator electing to use the alternative monitoring system allowed under adopted §117.2035(a)(2)(G) to maintain records of the daily average horsepower and total daily hours of operation for each stationary reciprocating internal combustion engine or stationary gas turbine. Adopted paragraph (7) clarifies that records of annual fuel usage specified under §117.2045(a) are not required for units that are monitored according to adopted §117.2035(a)(2)(G). These records must be maintained for at least five years and must be made available upon request to the authorized representatives of the executive director, EPA, or local air pollution control agencies having jurisdiction.
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the adopted rules in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that the adopted rules do not meet the criteria for a major environmental rule. A "major environmental rule" is a rule that is specifically intended to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state.
The intent of the adopted rules is to provide flexibility by allowing the use of output-based monitoring as an alternative to the engine and turbine fuel flow meter requirements for the HGB and BPA ozone nonattainment areas. The adopted rules are also intended to add consistency to the rules; this option is currently allowed under Chapter 117 for stationary reciprocating internal combustion engines and stationary gas turbines in the DFW eight-hour ozone nonattainment area. Therefore, the specific intent of the rule is not to protect the environment or reduce risks to human health from environmental exposure.
The adopted rules will not affect in a material way the economy, a sector of the economy, productivity, jobs, the environment or the public health and safety of the state or a sector of the state. Under the adopted rules, the owners and operators would monitor the engine or turbine's horsepower output as opposed to the fuel flow input for emissions monitoring requirements. Specific costs for the output-based alternative monitoring option are not known. However, the alternative is provided as an option to an existing requirement; it is expected that owners or operators will only use the output-based monitoring if it is more cost-effective than the current requirement. The output-based monitoring is at least as accurate as the input-based fuel flow monitoring currently required. Therefore, the adopted rules will not have an adverse affect on the economy, the environment, or public health and safety.
Additionally, this rulemaking does not meet the definition of a major environmental rule because it does not meet any of the four applicability requirements listed in Texas Government Code, §2001.0225(a). Texas Government Code, §2001.0225, only applies 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 action, which is designed to add flexibility and consistency to the rules, does not exceed an express requirement under state or federal law. There is no contract or delegation agreement that covers the topic that is the subject of this action.
Furthermore, the rulemaking is not adopted solely under the general powers of the agency, but is authorized by specific sections of Texas Health and Safety Code, Chapter 382 and the Texas Water Code, as cited in the STATUTORY AUTHORITY section of this preamble. The commission invited public comment regarding the draft regulatory impact analysis determination during the public comment period, but no comments were received.
TAKINGS IMPACT ASSESSMENT
The commission has evaluated the adopted rulemaking and made a preliminary assessment determining that Texas Government Code, §2007, Governmental Action Affecting Private Property Rights, is not applicable. Under Texas Government Code, §2007.002(5), "taking" means a governmental action that affects private real property in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Section 17 or 19, Article I, Texas Constitution; or it means a governmental action that affects an owner's private real property that is the subject of the governmental action in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action, and is the producing cause of a reduction of at least 25% in the market value of the affected private real property.
The adopted rule change would allow for an alternative NOX emissions monitoring option for owners and operators of stationary reciprocating internal combustion engines and stationary gas turbines in the BPA and HGB ozone nonattainment areas. Promulgation and enforcement of these adopted rules will constitute neither a statutory nor constitutional taking of private real property. The adopted rules do not restrict or limit a landowner's rights to the property or reduce the market value of the property by 25%. Therefore, the adopted rules do not constitute a taking under Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the adopted rulemaking and found it is a rulemaking identified in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(4), 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 rulemaking is procedural in nature and will have no substantive effect on commission actions subject to the CMP and is, therefore, consistent with CMP goals and policies.
The commission invited public comment regarding the consistency with the CMP during the public comment period. No comments were received concerning the CMP.
EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM
Chapter 117 is an applicable requirement under 30 TAC Chapter 122, Federal Operating Permits Program. If the amendments are adopted by the commission, owners or operators subject to the federal operating permit program that elect to comply with the optional output-based monitoring may need to revise their operating permit to include the new requirement.
PUBLIC COMMENT
Due to the effects of Hurricane Ike and to accommodate those affected by the hurricane, the public comment period was extended from October 6, 2008, to October 24, 2008. The public hearings scheduled for September 30, 2008, in Houston and October 1, 2008, in Beaumont were canceled and rescheduled for October 23, 2008, at the TCEQ Park 35 Circle Complex in Austin. A public hearing on the proposed rules was held in Austin on October 23, 2008, at 2:00 p.m. at the complex. No oral comments were received. The comment period closed on October 24, 2008. Written comments were received from the EPA, Texas Chemical Council (TCC), and Texas Instruments Inc. (TI).
RESPONSE TO COMMENTS
EPA requested the commission explain how a source in the HGB area that elects to use the output-based monitoring alternative option will be able to determine its mass emissions to show compliance with the MECT program.
The output-based monitoring alternative provides activity data equivalent with the existing monitoring specifications and can easily be converted into an annual mass emission rate for compliance with the MECT program. The output-based monitoring provisions adopted with this rulemaking provide the owner or operator with actual horsepower activity data and actual hours of operation. This activity data can then be multiplied by the measured NOX emission rate in grams per horsepower-hour (g/hp-hr) and then converted to tons per year for determining the necessary MECT allowances needed for compliance. The NOX g/hp-hr emission rate is determined according to the required test methods already specified in the rule and previously approved by the EPA for this determination. No change has been made to the rule based on this comment.
TCC expressed support for the proposed output-based alternative monitoring alternative, which will provide increased flexibility for owners and operators.
The commission appreciates TCC's comment and support. No change has been made to the rule based on this comment.
TI commented that the commission should increase the hours allowed for testing and maintenance under the exemptions for stationary gas turbines and stationary internal combustion engines used exclusively in emergency situations in §117.303(a)(6) and §117.2003(a)(2). In addition, TI recommended adding two new exceptions to the restriction on hours of operation for stationary diesel and dual-fuel engines in §§117.310(f), 117.410(g), 117.2030(c), and 117.2130(c). The two proposed new exceptions would exempt providing power to critical operations and safety equipment during planned maintenance activities during the period October 1 through March 31, and providing back-up power sources to critical internal operations and safety equipment when power reliability is threatened. Finally, TI recommended that these suggested new exceptions and the other exceptions already provided under §§117.310(f), 117.410(g), 117.2030(c), and 117.2130(c) be included in the emergency use exemptions under §§117.303(a)(6), 117.403(a)(7), 117.2003(a)(2), and 117.2103(5).
The commission appreciates the comments from TI. TI did not submit comments on those proposed sections for amendment. The commission did not propose amendments to the sections commented on by TI and those sections are beyond the scope of this rulemaking. Therefore, the commission is prohibited from making any changes to those sections of Chapter 117 during this rulemaking. No change has been made to the rule based on these comments.
SUBCHAPTER B. COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS
DIVISION 1. BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES
STATUTORY AUTHORITY
The amendments are adopted under the authority of the following: Texas Water Code (TWC), §5.102, concerning General Powers, §5.103, concerning Rules, and §5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the TWC; and Texas Health and Safety Code (THSC), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act; THSC, §382.002, concerning Policy and Purpose, 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; THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state's air; and THSC, §382.012, concerning State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air. The amendments are also adopted under THSC, §382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to prescribe requirements for owners or operators of sources to make and maintain records of emissions measurements; THSC, §382.021, concerning Sampling Methods and Procedures, which authorizes the commission to prescribe sampling methods and procedures; and THSC, §382.051(d), concerning Permitting Authority of Commission; Rules, which authorizes the commission to adopt rules as necessary to comply with changes in federal law or regulations applicable to permits under THSC, Chapter 382.
The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.016, 382.017, 382.021, and 382.051(d).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 12, 2009.
TRD-200900599
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: March 4, 2009
Proposal publication date: September 5, 2008
For further information, please call: (512) 239-6087
STATUTORY AUTHORITY
The amendments are adopted under the authority of the following: Texas Water Code (TWC), §5.102, concerning General Powers, §5.103, concerning Rules, and §5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the TWC; and Texas Health and Safety Code (THSC), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act; THSC, §382.002, concerning Policy and Purpose, 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; THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state's air; and THSC, §382.012, concerning State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air.
The amendments are also adopted under THSC, §382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to prescribe requirements for owners or operators of sources to make and maintain records of emissions measurements; THSC, §382.021, concerning Sampling Methods and Procedures, which authorizes the commission to prescribe sampling methods and procedures; and THSC, §382.051(d), concerning Permitting Authority of Commission; Rules, which authorizes the commission to adopt rules as necessary to comply with changes in federal law or regulations applicable to permits under THSC, Chapter 382.
The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.016, 382.017, 382.021, and 382.051(d).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 12, 2009.
TRD-200900600
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: March 4, 2009
Proposal publication date: September 5, 2008
For further information, please call: (512) 239-6087
DIVISION 1. HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MINOR SOURCES
STATUTORY AUTHORITY
The amendments are adopted under the authority of the following: Texas Water Code (TWC), §5.102, concerning General Powers, §5.103, concerning Rules, and §5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the TWC; and Texas Health and Safety Code (THSC), §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act; THSC, §382.002, concerning Policy and Purpose, 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; THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state's air; and THSC, §382.012, concerning State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air.
The amendments are also adopted under THSC, §382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to prescribe requirements for owners or operators of sources to make and maintain records of emissions measurements; THSC, §382.021, concerning Sampling Methods and Procedures, which authorizes the commission to prescribe sampling methods and procedures; and THSC, §382.051(d), concerning Permitting Authority of Commission; Rules, which authorizes the commission to adopt rules as necessary to comply with changes in federal law or regulations applicable to permits under THSC, Chapter 382.
The adopted amendments implement THSC, §§382.002, 382.011, 382.012, 382.016, 382.017, 382.021, and 382.051(d).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 12, 2009.
TRD-200900601
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: March 4, 2009
Proposal publication date: September 5, 2008
For further information, please call: (512) 239-6087