Part I.
Texas Natural Resource Conservation Commission
Chapter 106.
Exemptions from Permitting
Subchapter I. Manufacturing
30 TAC §106.226
(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for repeal will not be published.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 Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Natural Resource Conservation Commission (TNRCC
or commission) proposes new §106.226, concerning Paints, Varnishes, Ink,
and Other Coating Manufacturing and §106.375, concerning Aqueous Solutions
for Electrolytic and Electroless Processes, and amendments to §106.351,
concerning Salt Water Disposal (Petroleum), §106.435, concerning Classic
or Antique Automobile Restoration Facility, and §106.477, concerning
Anhydrous Ammonia Storage. The commission also proposes the repeal of the
existing §106.226 and §106.375.
EXPLANATION OF PROPOSED RULES. The commission proposes the repeal and of
and the promulgation of new §106.226 and §106.375 and has restructured
and reorganized the new sections for easier understanding and use. In the
new §106.226, restrictions on emissions would be accomplished through
limits on rates of raw material use rather than stating emission limits. The
commission is also adding recordkeeping requirements to aid enforcement. New
§106.375 is revised to reduce the risk of potentially harmful exposure
to heavy metals and hydrochloric acid.
The proposed new §106.226 prohibits the use, under exemption, of the
heavy metals strontium and cobalt in concentrations of more than 0.1% by weight.
These metals, used to add color to paints and inks, are added to the existing
list of heavy metals within the section which already have percentage weight
restrictions. Heavy metals have low effects screening levels and can be toxic
with sufficient concentration or exposure. To be protective of human health,
use of the metals in concentrations above 0.1% would require a detailed review
of the facility's operation, making the use of an exemption from permitting
inappropriate.
The proposed amendment to §106.351 requires that new salt water disposal
facilities register with the commission using the PI-7 form unless the facility
processes the water without exposing it to the atmosphere or processes 540,000
gallons or less of salt water per day. This restriction will prevent users
of the exemption from exceeding the 25 ton per year emission limit of volatile
organic compounds. The restriction should also assure compliance with the
hydrogen sulfide emission limits contained in 30 TAC §112.31, concerning
Allowable Emissions-Residential, Business, or Commercial Property and §112.32,
concerning Allowable Emissions-Other Property. Registration of the larger
facilities will allow the commission to better track and inventory emissions.
The proposed new §106.375 prohibits the use of chromic acid in solutions
to prevent emissions of chromium, a heavy metal with exposure limits that
would need a more thorough analysis than that allowed by an exemption from
permitting. The commission would add new language to the section requiring
emissions from authorized operations be vented through a vertical stack to
provide good dispersion. A further restriction would be placed on the concentrations
and temperature of hydrochloric acid used in aqueous solutions. These new
restrictions are proposed to reduce the risk of human health effects from
operations authorized under the exemption from permitting.
The proposed amendment to §106.435 is purely administrative and changes
a reference to the Texas Traffic Laws to the Texas Transportation Code, recognizing
recent changes in the Texas Civil Statutes.
The proposed amendment to §106.477 adds clarification that the restrictions
in the section apply to permanent ammonia storage tanks and nurse tanks to
help prevent nuisances. This section is primarily used by agricultural operations,
and the nurse tanks are those carried to the field and used to inject ammonia
into the soil to increase nitrogen levels. These restrictions are proposed
to protect human health.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations, has
determined that for the first five-year period the sections are in effect,
there will be no significant fiscal implications for state or local government
as a result of administration or enforcement of the sections.
PUBLIC BENEFIT. Mr. Minick also has determined that for each year of the
first five years the sections are in effect, the anticipated public benefit
will be a reduced risk of exposure to potentially harmful concentrations of
heavy metals, hydrochloric acid fumes, and ammonia. There will be minimal
costs to persons or small businesses who are required to comply with the sections
as proposed.
REGULATORY IMPACT ANALYSIS. The commission has reviewed the proposed rulemaking
in light of the regulatory analysis requirements of Texas Government Code
(the 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 the Code, and it does not meet any of the
four applicability requirements listed in §2001.0225(a).
This proposal does not exceed a standard set by federal law and is not
specifically required by state law. Exemptions from permitting are not addressed
in federal law.
This proposal falls within the commission's authority under Texas Health
and Safety Code, §382.057, to establish conditions to allow an exemption
from permitting.
This proposal does not exceed the requirements of a delegation agreement
or contract between the state and federal government as there is no agreement
or contract between the TNRCC and the federal government concerning standard
exemptions.
This rule is proposed under a specific state law. The commission has the
statutory authority to propose and adopt rules concerning exemptions from
permitting under Texas Health and Safety Code, §382.057.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a takings impact
assessment for these rules under Texas Government Code, §2007.043. The
specific purpose of this proposal is to reduce the chance of exposure to potentially
harmful levels of certain metals and compounds. This proposal does not constitute
a taking of private, real property.
COASTAL MANAGEMENT PLAN. The commission has determined that this rulemaking
action relates to an action or actions subject to the Texas Coastal Management
Program (CMP) in accordance with the Coastal Coordination Act of 1991, as
amended (Texas Natural Resources Code, §§33.201 et. seq.), and the
commission's rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency
with the Texas Coastal Management Program. As required by 31 TAC §505.11(b)(2)
and 30 TAC §281.45(a)(3), relating to actions and rules subject to the
CMP, commission rules governing air pollutant emissions must be consistent
with the applicable goals and policies of the CMP. The commission has reviewed
this rulemaking action for consistency with the CMP goals and policies in
accordance with the rules of the Coastal Coordination Council, and has determined
that this rulemaking action is consistent with the applicable CMP goals and
policies. These amendments should not cause any increase in emissions.
PUBLIC HEARING. A public hearing on this proposal will be held March 16,
1998, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12100 Park
35 Circle, Austin. The hearing is structured for the receipt of oral or written
comments by interested persons. Individuals may present oral statements when
called upon in order of registration. Open discussion within the audience
will not occur during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to each hearing and will
answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 97180-106-AI. Comments must be received by 5:00 p.m., March
23, 1998. For further information, please contact Kerry Drake, New Source
Review Permitting Division, (512) 239-1112, Dale Beebe-Farrow, New Source
Review Permitting Division, (512) 239-1310, or Beecher Cameron, Air Policy
and Regulations Division, (512) 239-1495.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under the Texas Health
and Safety Code, the Texas Clean Air Act (TCAA), §§382.012, 382.017,
and 382.057. Section 382.012 requires the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air. Section
382.017 authorizes the commission to adopt rules consistent with the policy
and purposes of the TCAA, while §382.057 authorizes the commission by
rule to exempt certain facilities or changes to facilities from the requirements
of §382.0518 if such facilities or changes will not make a significant
contribution of air contaminants to the atmosphere.
The proposed repeal implements Texas Health and Safety Code, §382.057.
§106.226.Paints, Varnishes, Ink, and Other Coating Manufacturing (Previously SE 125).
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 5, 1998.
TRD-9801642
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 7, 1998
For further information, please call: (512) 239-1966
STATUTORY AUTHORITY. The new section
is proposed under the Texas Health and Safety Code, the Texas Clean Air Act
(TCAA), §§382.012, 382.017, and 382.057. Section 382.012 requires
the commission to prepare and develop a general, comprehensive plan for the
proper control of the state's air. Section 382.017 authorizes the commission
to adopt rules consistent with the policy and purposes of the TCAA, while
§382.057 authorizes the commission by rule to exempt certain facilities
or changes to facilities from the requirements of §382.0518 if such facilities
or changes will not make a significant contribution of air contaminants to
the atmosphere.
The proposed new section implements Texas Health and Safety Code, §382.057.
§106.226.Paints, Varnishes, Ink, and Other Coating Manufacturing (Previously SE 125).
Coating manufacturing operations including raw material storage, weighing,
mixing, milling, grinding, thinning, and packaging are exempt, provided the
conditions of this section are met. Coating manufacturing is defined as combining
ingredients that are manufactured off-site to make paints, varnishes, sealants,
stains, adhesives, inks, pigments, maskants, and paint strippers, etc. Resin
manufacturing is not exempt under this section.
(1)
Materials usage shall not exceed the following rates:
(A)
345,000 gallons per year of solvent for all operations
at a site; and
(B)
200,000 pounds of dry powder per year for all operations
at a site.
(2)
Operations involving powders which contain more
than 0.1% by weight of chromium, cadmium, asbestos, lead, arsenic, cobalt,
or strontium are not authorized by this section.
(3)
The following conditions must be met to prevent and
control emissions.
(A)
There shall be no visible emissions from any emission
point.
(B)
Bags or sacks of dry powders shall be opened within an
enclosed bag slitter or within an enclosed area.
(C)
Material transfer, storage operations, or other similar
operations shall be conducted in enclosed or covered containers which are
opened only as necessary for transfer of ingredients.
(D)
Mixing, milling, packaging, and filling operations shall
be conducted under a hood or within an enclosure designed to capture emissions,
which shall then be vented externally or through a carbon adsorption system.
(E)
Operations which involve dry powders or pigments shall
be vented through a filter.
(F)
Any spills of dry powders or solvents shall be cleaned
up promptly in a manner designed to control emissions.
(G)
Waste materials shall be stored in covered containers
and disposed of properly.
(4)
Emissions from any operation which are vented
externally shall be exhausted using forced air through a stack with an unobstructed
vertical discharge. The stack must be, at a minimum, four feet above the peak
of the roofline.
(5)
The owner or operator of the facility shall keep
records of all liquid and solid material usage rates on a monthly basis to
demonstrate compliance with paragraph (1) of this section. The usage data
shall be maintained for the most recent 24-month period.
Filed with the Office of the Secretary of
State, on February 5, 1998.
TRD-9801643
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 7, 1998
For further information, please call: (512) 239-1966
30 TAC §106.351
STATUTORY AUTHORITY. The amendment is proposed under the Texas
Health and Safety Code, the Texas Clean Air Act (TCAA), §§382.012,
382.017, and 382.057. Section 382.012 requires the commission to prepare and
develop a general, comprehensive plan for the proper control of the state's
air. Section 382.017 authorizes the commission to adopt rules consistent with
the policy and purposes of the TCAA, while §382.057 authorizes the commission
by rule to exempt certain facilities or changes to facilities from the requirements
of §382.0518 if such facilities or changes will not make a significant
contribution of air contaminants to the atmosphere.
The proposed amendment implements Texas Health and Safety Code, §382.057.
§106.351.Salt Water Disposal (Petroleum) (Previously SE 65).
Salt water disposal facilities used to handle aqueous liquid wastes
from petroleum production operations and water injection facilities are exempt,
provided that the following conditions of this section are met.
(1)-(3)
(No change.)
(4)
Before construction of the facility
begins, the facility shall be registered with the Texas Natural Resource Conservation
Commission's New Source Review Permitting Division using Form PI-7, unless
one of the following exceptions applies:
(A)
all delivery, storage, and handling of
salt water at the facility is enclosed so that the salt water is not exposed
to the atmosphere; or
(B)
delivery of salt water to the facility
in any calendar day will not exceed 540,000 gallons.
Filed with the Office of the Secretary
of State, on February 5, 1998.
TRD-9801644
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 7, 1998
For further information, please call: (512) 239-1966
30 TAC §106.375
(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 Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY. The repeal is proposed under the Texas
Health and Safety Code, the Texas Clean Air Act (TCAA), §§382.012,
382.017, and 382.057. Section 382.012 requires the commission to prepare and
develop a general, comprehensive plan for the proper control of the state's
air. Section 382.017 authorizes the commission to adopt rules consistent with
the policy and purposes of the TCAA, while §382.057 authorizes the commission
by rule to exempt certain facilities or changes to facilities from the requirements
of §382.0518 if such facilities or changes will not make a significant
contribution of air contaminants to the atmosphere.
The proposed repeal implements Texas Health and Safety Code, §382.057.
§106.375. Aqueous Solutions for Electrolytic and Electroless Processes
(Previously SE 41).
Filed with the Office of the Secretary of State, on
February 5, 1998.
TRD-9801645
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 7, 1998
For further information, please call: (512) 239-1966
STATUTORY AUTHORITY. The new section
is proposed under the Texas Health and Safety Code, the Texas Clean Air Act
(TCAA), §§382.012, 382.017, and 382.057. Section 382.012 requires
the commission to prepare and develop a general, comprehensive plan for the
proper control of the state's air. Section 382.017 authorizes the commission
to adopt rules consistent with the policy and purposes of the TCAA, while
§382.057 authorizes the commission by rule to exempt certain facilities
or changes to facilities from the requirements of §382.0518 if such facilities
or changes will not make a significant contribution of air contaminants to
the atmosphere.
The proposed new section implements Texas Health and Safety Code, §382.057.
§106.375. Aqueous Solutions for Electrolytic and Electroless Processes (Previously SE 41).
Equipment using aqueous solutions is exempt, providing the conditions
of this section are met.
(1)
This section authorizes the following operations:
(A)
anodizing, alodining, electrodeposition, electroless plating,
elctrolytic polishing, and electrolytic stripping, as follows.
(i)
For plating onto or stripping from any basis substrate,
only brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious
metals may be used.
(ii)
Chromic acid shall not be used.
(B)
cleaning, electroless stripping, etching, or other surface
preparation and finishing, not including chemical milling or electrolytic
metal recovery and reclaiming systems.
(2)
Operating conditions.
(A)
The hydrochloric acid tank temperature shall not exceed
100 degrees Fahrenheit.
(B)
The hydrochloric acid tank concentration shall not exceed
19.0%.
(C)
Aqueous solutions shall be used in an enclosed building.
If the doors and windows of the building are open for ventilation, emissions
shall either be controlled with a fume suppressant or be captured and exhausted
using forced air through a stack with an unobstructed vertical discharge.
The stack must be, at a minimum, four feet above the peak of the roofline.
Filed with the Office of the Secretary
of State, on February 5, 1998.
TRD-9801646
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 7, 1998
For further information, please call: (512) 239-1966
Subchapter O. Oil and Gas
Subchapter P. Plant Operations
Subchapter S. Surface Coating