Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 101.
GENERAL AIR QUALITY RULES
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to §101.27, Emissions Fees, and §101.333, Allocation
of Allowances. These sections are also proposed as a revision to the State
Implementation Plan (SIP).
BACKGROUND AND SUMMARY OF THE FACTUAL BASE FOR THE PROPOSED RULES
The 76th Legislature passed Senate Bill (SB) 766 in 1999. In general, SB
766 recategorized the new source review authorizations under the Texas Clean
Air Act (TCAA) and created the new program for the voluntary permitting of
grandfathered facilities. Prior to the revisions by SB 766, the TCAA authorized
the commission to issue permits for the construction or modification of facilities
that will emit air contaminants; standard permits adopted by rule; and exemptions
from permitting, also adopted by rule. SB 766 modified this structure by authorizing
the commission to issue standard permits using a process that does not require
each standard permit to be in a rule. SB 766 provided a new name, permits
by rule, for authorizations of certain types of facilities which would not
make a significant contribution of air contaminants to the atmosphere. Exemptions
from permitting now authorize only changes at insignificant facilities. Finally,
the commission is now authorized to develop criteria for facilities that emit
a de minimis amount of air contaminants that do not need preconstruction authorization.
Within the category of permits, SB 766 created two new permitting options:
the Voluntary Emission Reduction Permit (VERP) program for permitting of grandfathered
facilities, and the multiple plant permit (MPP). SB 766 also amended TCAA, §382.0621(d)
to require increasing emissions fees for the largest grandfathered facilities
which do not have a permit application pending on or after September 1, 2001.
The commission is implementing this legislation in two phases. The first
phase of the implementation of SB 766 was adopted by the commission on December
16, 1999. Included in the first phase were the VERP program and the new standard
permit issuance procedures.
This proposal implements elements of SB 766 relating to emissions fees,
adds the ability for the commission to accept fee payments via electronic
funds transfer, and makes administrative revisions. Other elements of SB 766,
including MPPs, de minimis criteria, exemptions from permitting, and permits
by rule are addressed in concurrent proposals for new and amended sections
in 30 TAC Chapter 106 and Chapter 116. The authority for emissions fees is
in TCAA, §382.0621, concerning Operating Permit Fee.
SECTION BY SECTION DISCUSSION
The proposed amendments to §101.27 would insert a new §101.27(c)(2)
to implement the emissions fees required by TCAA, §382.0621(d). For grandfathered
facilities with emissions in excess of 4,000 tons per year (tpy) which do
not have a permit application pending on or after September 1, 2001, all emissions
from the facility, including those emissions in excess of 4,000 tpy would
be used to calculate the emissions fees required by §101.27. Currently, §101.27
only requires emissions fees to be calculated using a maximum of 4,000 tpy
of each regulated air pollutant. Under the proposed amendment, for the first
4,000 tons, per pollutant, the emissions fee would be $26 per ton. Emissions
fees for emissions in excess of 4,000 tpy would be $78 per ton for fiscal
year 2002, and would triple each fiscal year thereafter. Thus, for fiscal
year 2003, the fee for emissions in excess of 4,000 tpy per regulated air
pollutant would be $234 per ton. The amended section also allows for fee payments
to be made by electronic funds transfer, updates the emissions fee rate table
to include Fiscal Years 1998-2000, would reflect the recent reorganization
of the commission's permitting offices, corrects a reference to 40 Code of
Federal Regulations Part 70, and would revise citations to reflect insertion
of a new §101.27(c)(2).
Section 101.333 would be amended to correct an inadvertent omission of
the term "NO
x
."
FISCAL NOTE
Bob Orozco, Strategic Planning and Appropriations Section, has determined
that for the first five-year period the proposed amendment is in effect there
will be no significant fiscal implications for the commission and other units
of state and local government as a result of administration or enforcement
of the proposed amendment. The proposed amendment to Chapter 101, General
Air Quality Rules, would implement certain provisions of SB 766, 76th Legislature,
1999, relating to the issuance of certain permits for the emission of air
contaminants. The first phase of the implementation of SB 766 was adopted
by the commission on December 16, 1999. Included in the first phase were the
VERP program, except for the requirement for increasing emissions fees, and
the new standard permit issuance procedures. The proposed amendment is the
second phase of the commission's implementation of SB 766. Other elements
of SB 766 are addressed in concurrent proposals for new and amended sections
in Chapters 106 and 116.
The proposed amendment would implement elements of SB 766 relating to emissions
fees, add the ability for the commission to accept fee payments via electronic
funds transfer, and make administrative revisions to this chapter. The proposed
amendment would affect major source grandfathered facilities with over 4,000
tons of emissions per year. A survey of grandfathered facilities in Texas
indicated that 14 facilities at seven sites have emissions over 4,000 tons
per year. Currently, emissions fees for each regulated pollutant are capped
at 4,000 tons per year at $26 per ton or $104,000 per year per pollutant.
SB 766 specifies that the commission shall impose a fee on grandfathered facilities
that do not have a permit application pending on or after September 1, 2001
for all emissions, including emissions in excess of 4,000 tons; and triple
the amount of the fee imposed for emissions in excess of 4,000 tons each fiscal
year. In the proposed amendment, grandfathered facilities with emissions in
excess of 4,000 tons per year that do not have a permit application pending
on or after September 1, 2001 would be assessed emissions fees of $26 per
ton for the first 4,000 tons of emissions of a pollutant, $78 per ton for
each ton over 4,000 tons in fiscal year 2002, $234 per ton in 2003, and $702
per ton in 2004. The fee for emissions in excess of 4,000 tons of a pollutant
would continue to triple each fiscal year thereafter. For example, with the
proposed amendment, the fiscal impact on a facility with emissions of one
pollutant totaling 6,450 tons per year would be $295,100 in 2002, $677,200
in 2003, and $1.8 million in 2004. It is anticipated that most or all of the
facilities that emit over 4,000 tons per year will apply for a VERP or another
permit because of the increasing emissions fees.
PUBLIC BENEFIT
Mr. Orozco has also determined that for each year of the first five years
the proposed amendment is in effect, the public benefit anticipated from enforcement
of and compliance with the proposed amendment will be a potential reduction
of air contaminants by providing an increased incentive for owners or operators
of grandfathered facilities to apply for a permit by September 1, 2001.
The proposed amendment would affect major source grandfathered facilities
with over 4,000 tons of emissions per year. A survey of grandfathered facilities
in Texas indicated that 14 facilities at seven sites have emissions over 4,000
tons per year. Currently, emissions fees for each regulated pollutant are
capped at 4,000 tons per year at $26 per ton or $104,000 per year per pollutant.
SB 766 specifies that the commission shall impose a fee on grandfathered facilities
that do not have a permit application pending on or after September 1, 2001
for all emissions, including emissions in excess of 4,000 tons; and triple
the amount of the fee imposed for emissions in excess of 4,000 tons each fiscal
year. In the proposed amendment, grandfathered facilities with emissions in
excess of 4,000 tons per year that do not have a permit application pending
on or after September 1, 2001 would be assessed emissions fees of $26 per
ton for the first 4,000 tons of emissions of a pollutant, $78 per ton for
each ton over 4,000 tons in fiscal year 2002, $234 per ton in 2003, and $702
per ton in 2004. The fee for emissions in excess of 4,000 tons of a pollutant
would continue to triple each fiscal year thereafter. For example, with the
proposed amendment, the fiscal impact on a facility with emissions of one
pollutant totaling 6,450 tons per year would be $295,100 in 2002, $677,200
in 2003, and $1.8 million in 2004. It is anticipated that most or all of the
facilities that emit over 4,000 tons per year will apply for a VERP or another
permit because of the increasing emissions fees.
SMALL AND MICRO-BUSINESS ANALYSES
No significant adverse effects are anticipated to small or micro-businesses
as a result of implementing the proposed amendment to Chapter 101 because
there are no known small or micro-businesses in Texas that are considered
major sources or that emit in excess of 4,000 tons of a pollutant per year.
Therefore, there are no known small or micro-businesses in Texas that will
be affected by the proposed amendment to this chapter.
DRAFT REGULATORY IMPACT ANALYSIS
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 does not meet the definition of a "major environmental
rule" as defined in that statute. "Major environmental rule" means a rule
the specific intent of which is to protect the environment or reduce risks
to human health from environmental exposure and that may adversely affect
in a material way the economy, a sector of the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state or a sector
of the state. The proposed amendment is intended to protect the environment
and reduce risks to human health from environmental exposure. The amendment
requires emissions fees for grandfathered facilities that do not have a permit
application pending on or after September 1, 2001, on all emissions, including
emissions in excess of 4,000 tons; and triple the amount of the fee imposed
for emissions in excess of 4,000 tons each fiscal year. These increasing fees
could adversely affect 14 facilities at seven sites in Texas which emit over
4,000 tons of emissions if those facilities do not have a permit application
pending on or after September 1, 2001. However, implementation of the statutorily
mandated fees 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. Section 2001.0225(a)
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 does not meet any of these four applicability requirements
of §2001.0225(a). Specifically, the proposed amendment does not exceed
a standard set by state or federal law, but complies with provisions in SB
766 and the Texas Health and Safety Code, concerning Operating Permit Fees.
The proposed amendment does not exceed a requirement of a delegation agreement
and was not developed solely under the general powers of the agency, but was
specifically developed to implement the provisions of the Texas Health and
Safety Code as amended by SB 766. The commission invites public comment on
the draft regulatory impact analysis.
TAKINGS IMPACT ANALYSIS
The commission has prepared a takings impact assessment for the proposed
rule under Texas Government Code, §2007.043. The following is a summary
of that assessment. The proposed rule would increase emissions fees on emissions
in excess of 4,000 tpy for grandfathered facilities that do not have a permit
application pending on or after September 1, 2001. This proposed action does
not restrict or limit an owner's right to their property that would otherwise
exist in the absence of governmental action and therefore does not constitute
a takings. This action meets an exception to §2007.043, because it is
implementing the specific requirement of TCAA, §382.0621(d).
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has determined that this rulemaking relates to an action
or actions subject to the Texas Coastal Management Program (CMP) in accordance
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources
Code, §§33.201 et seq.), and the commission's rules in 30 TAC Chapter
281, Subchapter B, concerning Consistency with 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 action for consistency with the CMP
goals and policies in accordance with the regulations of the Coastal Coordination
Council. The proposed rule is intended to provide incentive for the reduction
of emissions at grandfathered facilities, and the commission has determined
that the rule is consistent with the applicable CMP goal expressed in 31 TAC §501.12(1)
of protecting and preserving the quality and values of coastal natural resource
areas, and the policy in 31 TAC §501.14(q), which requires that the commission
protect air quality in coastal areas. This action does not authorize any new
emissions. This action is consistent with Title 40 Code of Federal Regulations
because it does not authorize an emission rate in excess of that specified
by federal requirements. Interested persons may submit comments during the
public comment period on the consistency of the proposed rule with the CMP
goals and policies.
PUBLIC HEARING
The commission will hold a public hearing on this proposal in Austin at
10:00 a.m. on May 4, 2000 in Room 201A of Texas Natural Resource Conservation
Commission Building B, 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. Open
discussion will not be permitted during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Log Number 1999-029B-116-AI. Comments must
be received by 5:00 p.m., May 8, 2000. For further information, please contact
Beecher Cameron, Policy and Regulations Division, (512) 239-1495.
Subchapter A. GENERAL RULES
30 TAC §101.27
STATUTORY AUTHORITY
The amendment is proposed under TCAA, §382.0621, which authorizes
the commission to triple emissions fees for grandfathered facilities over
4,000 tpy which do not have a permit application pending on or after September
1, 2001. The amendment is also proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; and §382.0622,
which defines Clean Air Act fees and their use.
The proposed amendment implements TCAA, §382.0621, concerning Emission
Fees; §382.011, concerning General Powers and Duties; §382.012,
concerning State Air Control Plan; and §382.017, concerning Rules.
§101.27.Emissions Fees.
(a)
Applicability. The owner or operator of each account to
which this rule applies shall remit to the commission an emissions fee each
fiscal year. A fiscal year is defined as the period from September 1 through
August 31. A fiscal year, having the same number as the next calendar year,
begins on the September 1 prior to that calendar year. An account subject
to both an emissions fee and an inspection fee, under §101.24 of this
title (relating to Inspection Fees), is required to pay only the greater of
the two fees. Each account will be assessed a separate emissions fee. Provisions
of this section apply to all accounts, including accounts which have not been
assigned specific commission account numbers. The owner or operator of an
account subject to an emissions fee requirement is responsible for contacting
the appropriate commission regional office to obtain an account number. The
commission will not initiate the combination or separation of accounts solely
for fee assessment purposes. If an account is operated at any time during
the fiscal year for which the fee is assessed, a full emissions fee is due.
If the commission is notified in writing that the plant is not and will not
be in operation during that fiscal year, a fee will not be due. All regulated
air pollutants, as defined in subsection (c)
(4)
[
(1)-(9)
(No change.)
(b)
Payment. Fees shall be remitted by check
, electronic
funds transfer,
or money order made payable to the
Texas Natural
Resource Conservation Commission (TNRCC)
[
(c)
Basis for fees.
(1)
The emissions fee shall be based on allowable levels and/or
actual emissions at the account during the last full calendar year preceding
the beginning of the fiscal year for which the fee is assessed. For purposes
of this section, the term "allowable levels" are those limits as specified
in an enforceable document such as a permit or Commission Order which are
in effect on the date the fee is due. The fee applies to the tonnage of regulated
pollutants at the account, including those emissions from point and fugitive
sources during normal operations. Although certain fugitive emissions are
excluded for applicability determination purposes under subsection (a) of
this section, all fugitive emissions must be considered for fee calculations
after applicability of the fee has been established. A maximum of 4,000 tons
of each regulated pollutant will be used for fee calculations
except
as provided in paragraph (2) of this subsection
. The fee for each fiscal
year is set at the following rates.
Figure: 30 TAC §101.27(c)(1)
(2)
On and after September 1, 2001, a
grandfathered facility, as defined in §116.10(6) of this title (relating
to General Definitions) that does not have a permit application pending under
Chapter 116 of this title (relating to Control of Air Pollution by Permits
For New Construction or Modification) shall use all emissions, including emissions
in excess of 4,000 tons per pollutant, for fee calculations. For the first
4,000 tons per pollutant, the rate in paragraph (1) of this subsection shall
apply. For emissions in excess of 4,000 tons, the rate will be $78 per ton
for fiscal year 2002 and will triple, each fiscal year, thereafter.
(3)
[
(A)
Where there is an enforceable document, such as a permit
or Commission Order, establishing allowable levels, actual emissions may be
used only if a completed Emissions Inventory Questionnaire for the account
is submitted with the fee payment. For stacks or vents, the inventory must
include verifiable data based on continuous emission monitor measurements,
other continuously monitored values, such as fuel usage and fuel analysis,
or stack testing performed during normal operations using EPA approved methods
and quality-assured by
the executive director
[
(B)
Where there is not an enforceable document, such as a permit
or a Commission Order, establishing allowable levels actual emissions shall
be used. Actual production, throughput, or measurement records must be submitted
along with complete documentation of calculation methods. Thorough justification
is required for all assumptions made and factors used in such calculations.
(4)
[
(d)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on March 24, 2000.
TRD-200002118
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
2.
EMISSIONS BANKING AND TRADING OF ALLOWANCES
30 TAC §101.333
STATUTORY AUTHORITY
The amendment is proposed under Texas Utilities Code (TUC), §39.264,
which authorizes the commission to require the permitting of grandfather electric
generating facilities and issue allowances to meet those permit emission restrictions;
TCAA, §382.011, which authorizes the commission to administer the requirements
of the TCAA; §382.012, which provides the commission with the authority
to develop a comprehensive plan for the state's air; §382.017, which
authorizes the commission to adopt rules consistent with the policy and purposes
of the TCAA; and §382.0622, which defines Clean Air Act fees and their
use.
The proposed amendment implements TUC, §39.264, concerning emission
reductions of "Grandfathered Facilities"; TCAA, §382.011, concerning
General Powers and Duties; §382.012, concerning State Air Control Plan;
and §382.017, concerning Rules.
§101.333.Allocation of Allowances.
Allowances will be allocated according to the requirements of this
section.
(1)
Except as provided in paragraphs (2) and (3) of this section,
allowances will be calculated for grandfathered electric generating facilities
(EGF) using the following equation:
Figure: 30 TAC §101.333(1)
(A)
In the East Texas Region:
(i)
0.14 pound nitrogen oxides (NO
x
)
per MMBtu; and
(ii)
1.38 pounds sulfur dioxide (SO
2
) per MMBtu only for coal-fired grandfathered EGFs.
(B)
In the West Texas and El Paso Regions, 0.195
pounds
NO
x
[
(2)-(7)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on March 24, 2000.
TRD-200002119
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to Chapter 106, Subchapter A, §§106.1, 106.2, 106.4,
106.6, and 106.13, General Requirements; Subchapter C, §§106.101
- 106.103, Domestic and Comfort Heating and Cooling; Subchapter D, §§106.121
- 106.124, Analysis and Testing; Subchapter E, §§106.141 - 106.150,
Aggregate and Pavement; Subchapter F, §§106.161 - 106.163, Animal
Confinement; Subchapter G, §§106.181 - 106.183, Combustion; Subchapter
H, §§106.201 - 106.203, Concrete Batch Plants; Subchapter I, §§106.221, §106.223-106.229,
and 106.231, Manufacturing; Subchapter J, §§106.241 - 106.245, Food
Preparation and Processing; Subchapter K, §§106.261 - 106.266, General;
Subchapter L, §§106.281 - 106.283, 106.291, 106.301, and 106.302,
Feed, Fiber, and Fertilizer; Subchapter M, §§106.311 - 106.322,
Metallurgy; Subchapter N, §§106.331- 106.333, Mixers, Blenders,
and Packaging; Subchapter O, §§106.351 - 106.355, Oil and Gas; Subchapter
P, §§106.371 - 106.376, Plant Operations; Subchapter Q, §§106.391
- 106.396, Plastics and Rubber; Subchapter R, §§106.411 - 106.419,
Service Industries; Subchapter S, §§106.431 - 106.436, Surface Coating;
Subchapter T, §§106.451 - 106.454, Surface Preparation; Subchapter
U, §§106.471 - 106.478, Tanks, Storage, and Loading; Subchapter
V, §§106.491 - 106.496, Thermal Control Devices; Subchapter W, §106.511,
and §106.512, Turbines and Engines; and Subchapter X, §§106.531
- 106.534, Waste Processes and Remediation.
BACKGROUND AND SUMMARY OF THE FACTUAL BASE FOR THE PROPOSED RULES
The 76th Legislature passed Senate Bill (SB) 766 in 1999. In general, SB
766 recategorized the new source review authorizations under the Texas Clean
Air Act (TCAA) and created the new program for the voluntary permitting of
grandfathered facilities. Prior to the revisions by SB 766, the TCAA authorized
the commission to issue permits for the construction or modification of facilities
that will emit air contaminants; standard permits adopted by rule; and exemptions
from permitting, also adopted by rule. SB 766 modified this structure by authorizing
the commission to issue standard permits using a process that does not require
each standard permit to be in a rule. SB 766 provided a new name, permits
by rule, for authorization of certain types of facilities which would not
make a significant contribution of air contaminants to the atmosphere. Exemptions
from permitting now authorize only changes at insignificant facilities. Finally,
the commission is now authorized to develop criteria for facilities that emit
a de minimis amount of air contaminants that do not need preconstruction authorization.
Within the category of permits, SB 766 created two new permitting options:
the Voluntary Emission Reduction Permit (VERP) program for permitting of grandfathered
facilities, and the multiple plant permit. SB 766 also amended TCAA, §382.0621(d)
to require increasing emission fees for the largest grandfathered facilities
which do not have a permit application pending on or after September 1, 2001.
The commission is implementing this legislation in two phases. The first
phase of the implementation of SB 766 was adopted by the commission on December
16, 1999. Included in the first phase were the VERP program and the new standard
permit issuance procedures. This proposal implements the elements of SB 766
relating to exemptions from permitting and permits by rule. Other elements
of SB 766, including emissions fees, multiple plant permits, and de minimis
criteria, as well as additional elements relating to exemptions from permitting
and permits by rule, are being addressed in concurrent proposals for new and
amended sections in 30 TAC Chapter 101 and Chapter 116.
Prior to passage of SB 766, under TCAA, §382.057, the commission had
the authority to exempt, from permitting requirements, changes within any
facility and certain types of facilities that would not make a significant
contribution of air contaminants to the atmosphere. These exemptions from
permitting are currently contained in Chapter 106, and are also considered
to be permits by rule, with many containing emission control requirements
or operational restrictions to ensure insignificance. In order to remove the
appearance that these insignificant facilities were exempt from environmental
regulation in addition to being exempt from permitting, the new TCAA, §382.05196
gives the commission authority to adopt permits by rule for certain types
of facilities that will not make a significant contribution of air contaminants
to the atmosphere if all of the conditions of an applicable permit by rule
are observed. Permits by rule may be used to authorize new construction and/or
modifications or changes at the types of facilities listed in Subchapters
C-X of this chapter.
The authority for exemptions from permitting is in TCAA, §382.057,
concerning Exemption. The authority for permits by rule is in TCAA, §382.051,
concerning Permitting Authority of the Commission; Rules; and in TCAA, §382.05196,
concerning Permits by Rule.
SECTION BY SECTION DISCUSSION
The proposed new title for Chapter 106 is "Permits by Rule."
The proposed amendments to Subchapter A, concerning General Requirements,
clarify that the general requirements apply to permits by rule. Section 106.13
would be amended to clarify that the authorizations formerly known as standard
exemptions and exemptions from permitting would be referred to as permits
by rule in commission rules, though the conditions of their use would not
change.
The proposed amendments to Subchapters C-X revise these sections to delete
the word "exempt" and insert the term "permit by rule." The proposal also
contains administrative changes, such as changing references to the Office
of Air Quality to references to the Office of Permitting, Remediation, and
Registration. In addition, the name of §106.332 is proposed to be changed
from "Coating" to "Chlorine Repackaging." This name change corrects a mistake
made during a previous adoption.
Sections 106.201, 106.202, and 106,203 of Subchapter H, concerning Concrete
Batch Plants, would be amended to state that registrations for concrete batch
plants under those sections would no longer be accepted by the commission
upon issuance of a concrete batch plant standard permit. The commission is
currently developing a standard permit for concrete batch plants, with issuance
anticipated in August 2000. Until the standard permit is issued, registrations
for these exemptions will continue to be accepted. Since standard permits
will be issued by the commission during a commission agenda, the affected
public will have notice of the action prior to issuance.
This proposal would delete the cross-reference to old exemption from permitting
numbers currently listed after the title of each exemption.
FISCAL NOTE
Bob Orozco, Strategic Planning and Appropriations Section, has determined
that for the first five-year period the proposed new sections and amendments
are in effect there will be no significant fiscal implications for the commission
and other units of state and local government as a result of administration
or enforcement of the proposed new sections and amendments. The proposed amendments
to Chapter 106, Exemptions from Permitting and Permits by Rule, would implement
certain provisions of SB 766, 76th Legislature, 1999, relating to the issuance
of certain permits for the emission of air contaminants. The commission is
implementing this legislation in two phases. The first phase of the implementation
of SB 766 was adopted by the commission on December 16, 1999.
Included in the first phase were the VERP program and the new standard
permit issuance procedures. These proposed amendments are the second phase
of the commission's implementation of SB 766. Other elements of SB 766 are
addressed in concurrent proposals for new and amended sections in Chapters
101 and 116.
The proposed changes to Chapter 106 are primarily administrative in nature,
do not add any additional regulatory requirements, and clarify that certain
facilities, while being exempt from case-by- case permitting, are not exempt
from environmental regulation. In addition, other changes to §§106.201
- 106.203 would only have an impact upon issuance of a standard permit for
concrete batch plants. The fiscal implications, if any, would be addressed
during the development process for the standard permit, which includes opportunity
for public comment. Prior to the passage of SB 766, the commission had the
authority to exempt from permitting requirements, changes within any facility
and certain types of facilities that would not make a significant contribution
of air contaminants to the atmosphere. Exemptions from permitting are currently
contained in Chapter 106 and are also considered to be permits by rule, with
many containing emission control requirements or operational restrictions
to ensure that these facilities' emissions remain insignificant contributors
of contaminants to the atmosphere. The proposal would clarify that the authorizations
formerly known as standard exemptions and exemptions from permitting would
be referred to as permits by rule in commission rules, though the conditions
of their use would not change.
PUBLIC BENEFIT
Mr. Orozco has also determined that for each year of the first five years
the proposed new sections and amendments are in effect, the public benefit
anticipated from enforcement of and compliance with the proposed amendments
will be clarification that certain facilities, while being exempt from case-by-case
permitting, are not exempt from environmental regulation.
The proposed amendments to Chapter 106 are not anticipated to have adverse
fiscal implications to any person or business as a result of implementing
the proposed amendments. The proposed amendments are administrative in nature,
do not add any additional regulatory requirements, and clarify that certain
facilities, while being exempt from case-by-case permitting, are not exempt
from environmental regulation. In addition, other changes to §§106.201
- 106.203 would only have an impact upon issuance of a standard permit for
concrete batch plants. The fiscal implications, if any, would be addressed
during the development process for the standard permit, which includes opportunity
for public comment. Prior to the passage of SB 766, the commission had the
authority to exempt from permitting requirements, changes within any facility
and certain types of facilities that would not make a significant contribution
of air contaminants to the atmosphere. Exemptions from permitting are currently
contained in Chapter 106 and are also considered to be permits by rule, with
many containing emission control requirements or operational restrictions
to ensure that these facilities' emissions remain insignificant contributors
of air contaminants to the atmosphere. The proposal would clarify that the
authorizations formerly known as standard exemptions and exemptions from permitting
would be referred to as permits by rule in commission rules, though the conditions
of their use would not change.
SMALL AND MICRO-BUSINESS ANALYSES
No significant adverse effects are anticipated to small or micro-businesses
as a result of implementing the proposed amendments. The proposed amendments
are administrative in nature, do not add any additional regulatory requirements,
and clarify that certain facilities, while being exempt from case-by-case
permitting, are not exempt from environmental regulation. In addition, other
changes to §§106.201 - 106.203 would only have an impact upon issuance
of a standard permit for concrete batch plants. The fiscal implications, if
any, would be addressed during the development process for the standard permit,
which includes opportunity for public comment. Exemptions from permitting
are currently contained in Chapter 106 and are also considered to be permits
by rule, with many containing emission control requirements or operational
restrictions to ensure that these facilities' emissions remain insignificant
contributors of air contaminants to the atmosphere. The proposal would clarify
that the authorizations formerly known as standard exemptions and exemptions
from permitting would be referred to as permits by rule in commission rules,
though the conditions of their use would not change. Existing facilities at
small or micro-businesses currently authorized under Chapter 106 would be
able to retain that authorization and make future changes or new construction
using permits by rule, as appropriate.
DRAFT REGULATORY IMPACT ANALYSIS
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 does not meet the definition of a "major environmental
rule" as defined in that statute. "Major environmental rule" means a rule
the specific intent of which is to protect the environment or reduce risks
to human health from environmental exposure and that may adversely affect
in a material way the economy, a sector of the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state or a sector
of the state. The proposed amendments to Chapter 106 are administrative in
nature, do not add regulatory requirements, and are intended to clarify that
certain facilities, while being exempt from case-by case permitting, are not
exempt from environmental regulation. The proposed amendments do not impose
any additional regulatory requirements beyond those that currently exist.
The proposed amendments do not meet the definition of "major environmental
rule" because there is no adverse material effect on 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, §2001.0225(a)
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 does not meet any of these four applicability requirements
of §2001.0225(a). Specifically, these new sections amendments do not
exceed a standard set by state or federal law, but are proposed to clarify
the exemption from permitting process under the Texas Health and Safety Code.
The proposed amendments do not exceed a requirement of a delegation agreement
and were not developed solely under the general powers of the agency, but
were specifically developed to implement the provisions of SB 766. The commission
invites public comment on the draft regulatory impact analysis.
TAKINGS IMPACT ANALYSIS
The commission has prepared a takings impact assessment for these proposed
rules under Texas Government Code, §2007.043. The following is a summary
of that assessment. The commission has determined that this action does not
restrict or limit an owner's right to their property that would otherwise
exist in the absence of governmental action and therefore does not constitute
a takings. The majority of the proposed amendments are administrative and
do not impose any new regulatory requirements. The bulk of the proposal merely
changes the name of exemptions from permitting to permits by rule. The changes
to §§106.201 - 106.203 are intended to provide notice that upon
issuance of the standard permit for concrete batch plants, registrations under
those exemptions will no longer be accepted by the commission. This change
does not impact existing authorization under these exemptions. The proposed
rules are reasonably taken to fulfill requirements of state law.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has determined that this rulemaking relates to an action
or actions subject to the Texas Coastal Management Program (CMP) in accordance
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources
Code, §§33.201 et seq.), and the commission's rules in 30 TAC Chapter
281, Subchapter B, concerning Consistency with 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 action for consistency with the CMP
goals and policies in accordance with the regulations of the Coastal Coordination
Council. The proposed rules are administrative changes, and the commission
has determined that the rules are consistent with the applicable CMP goal
expressed in 31 TAC §501.12(1) of protecting and preserving the quality
and values of coastal natural resource areas, and the policy in 31 TAC §501.14(q),
which requires that the commission protect air quality in coastal areas. This
action does not authorize any new emissions. This action is consistent with
Title 40 Code of Federal Regulations because it does not authorize an emission
rate in excess of that specified by federal requirements. Interested persons
may submit comments during the public comment period on the consistency of
the proposed rule with the CMP goals and policies.
PUBLIC HEARING
The commission will hold a public hearing on this proposal in Austin on
May 4, 2000 in Room 201A of Texas Natural Resource Conservation Commission
Building B, 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. Open
discussion will not be permitted during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearings
and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Log Number 1999- 029B-116-AI. Comments must
be received by May 8, 2000. For further information, please contact Beecher
Cameron, Policy and Regulations Division, (512) 239-1495.
Subchapter A. GENERAL REQUIREMENTS
30 TAC §§106.1, 106.2, 106.4, 106.6, 106.13
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.1.Purpose.
This chapter identifies
changes within
facilities or
certain
types of facilities which the commission has determined will
not make a significant contribution of air contaminants to the atmosphere
[
§106.2.Applicability.
This chapter applies to
changes within
facilities or types
of facilities listed in this chapter where construction is commenced on or
after the effective date of the relevant
permit by rule
[
§106.4.Requirements for Permitting by Rule [
(a)
To qualify for
a permit by rule
[
(1)
Total actual emissions authorized under
permit by
rule
[
(2)
Any facility or group of facilities, which constitutes
a new major stationary source, as defined in §116.12 of this title (relating
to Nonattainment Review Definitions), or any modification which constitutes
a major modification, as defined in §116.12 of this title, under the
new source review requirements of the Federal Clean Air Act (FCAA), Part D
(Nonattainment) as amended by the FCAA Amendments of 1990, and regulations
promulgated thereunder, must meet the permitting requirements of Chapter 116,
Subchapter B of this title (relating to New Source Review Permits) and cannot
qualify for
a permit by rule
[
(3)
Any facility or group of facilities, which constitutes
a new major stationary source, as defined in 40 Code of Federal Regulations
(CFR) §52.21, or any change which constitutes a major modification, as
defined in 40 CFR §52.21, under the new source review requirements of
the FCAA, Part C (Prevention of Significant Deterioration) as amended by the
FCAA Amendments of 1990, and regulations promulgated thereunder, must meet
the permitting requirements of Chapter 116, Subchapter B of this title and
cannot qualify for
a permit by rule
[
(4)
Unless at least one facility at an account has been
subject to public notification and comment as required in Chapter 116, Subchapter
B or Subchapter D of this title (relating to New Source Review Permits or
Permit Renewals), total actual emissions from all
facilities permitted
by rule
[
(5)
Construction or modification of a facility commenced
on or after the effective date of a revision of this section or the effective
date of a revision to a specific
permit by rule
[
(6)
A [
(7)
There are no permits under the same
commission
[
(b)-(c)
(No change.)
(d)
Facilities
permitted by rule under
[
§106.6.Registration of Emissions.
(a)
An owner or operator may certify and register the maximum
emission rates from facilities
permitted by rule
[
(b)
All representations with regard to construction plans,
operating procedures, and maximum emission rates in any certified registration
under this section become conditions upon which the
facility permitted
by rule
[
(c)-(d)
(No change.)
(e)
The certified registration shall be maintained on-site
and be provided immediately upon request by representatives of the
commission
[
References to Standard Exemptions
and Exemptions from Permitting
[
The authorizations formerly known as standard exemptions and exemptions
from permitting are referred to as permits by rule in this title. Types of
facilities and changes within facilities authorized by those standard exemptions
and exemptions from permitting continue to be authorized unless modifications
or changes to those facilities has caused them to no longer meet the conditions
of the former standard exemption or exemption from permitting and the general
requirements of this subchapter
[
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 March 24, 2000.
TRD-200002120
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.101 - 106.103
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.101.Domestic Use Facilities [
Any facility constructed and operated at a domestic residence for domestic
use is
permitted by rule
[
§106.102.Comfort Heating [
This section
permits by rule
[
(1)-(3)
(No change.)
§106.103.Air Conditioning and Ventilation Systems [
Comfort air conditioning systems or comfort ventilating systems which
are not used to remove air contaminants generated by or released from specific
units of equipment are
permitted by rule
[
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 March 24, 2000.
TRD-200002121
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.121 - 106.124
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.121.Hydraulic and Hydrostatic Testing Equipment [
Equipment used for hydraulic or hydrostatic testing is
permitted
by rule
[
§106.122.Bench Scale Laboratory Equipment [
Bench scale laboratory equipment and laboratory equipment used exclusively
for chemical and physical analyses are
permitted by rule
[
§106.123.Vacuum-producing Devices for Laboratory Use [
Vacuum-producing devices used in laboratory operations are
permitted
by rule
[
§106.124.Pilot Plants [
Any new or modified pilot plant is
permitted by rule
[
(1)-(5)
(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 March 24, 2000.
TRD-200002122
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.141 - 106.150
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.141. Batch Mixers [
Batch mixers with rated capacity of five cubic feet or less for mixing
cement, sand, aggregate, additives, and/or water or similar materials are
permitted by rule
[
§106.142.Rock Crushers [
Any rock crusher with a maximum rated capacity of 200 tons per hour
or less that operates according to the following conditions of this section
is
permitted by rule
[
(1)-(6)
(No change.)
§106.143.Wet Sand and Gravel Production [
Any wet sand and gravel production facility that obtains its material
from subterranean and subaqueous beds where the deposits of sand and gravel
are consolidated granular materials resulting from natural disintegration
of rock and stone and whose production rate is 500 tons per hour or less is
permitted by rule
[
§106.144. Bulk Mineral Handling [
All bulk mineral product (except asbestos) handling facilities that
operate in compliance with the following conditions of this section are
permitted by rule
[
(1)-(3)
(No change.)
(4)
Before construction begins, written site approval
must be received from the executive director and the facility shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
§106.145.Bulk Sand Handling [
All oil well servicing bulk sand handling facilities that operate according
to the following conditions of this section are
permitted by rule
[
(1)-(4)
(No change.)
(5)
Before construction begins, the owner or operator
shall file with the commission's Office of
Permitting, Remediation, and
Registration
[
§106.146.Soil Stabilization Plants [
Any soil stabilization facility that operates according to the following
conditions of this section is
permitted by rule
[
(1)-(7)
(No change.)
(8)
Before construction of the facility begins, written
site approval shall be received from the executive director and the facility
shall be registered with the commission's Office of
Permitting, Remediating,
and Registration
[
(9)
(No change.)
§106.147.Asphalt Concrete Plants [
Any asphalt concrete facility that complies with 40 Code of Federal
Regulations Part 60, Subparts A and I and operates according to the following
conditions of this section is
permitted by rule
[
(1)
(No change.)
(2)
Fuel for dryers shall be sweet natural gases as defined
in Chapter 101 of this title (relating to General
Air Quality
Rules)
or liquid petroleum gas, diesel, or fuel oil with a maximum sulfur content
of 1.5%.
(3)-(5)
(No change.)
(6)
Before construction of the facility begins, written
site approval shall be received from the executive director and the facility
shall be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
(7)
(No change.)
§106.148.Material Unloading [
Railcar or truck unloading of wet sand, gravel, aggregate, coal, lignite,
and scrap iron or scrap steel (but not including metal ores, metal oxides,
battery parts, or fine dry materials) into trucks or other railcars for transportation
to other locations is
permitted by rule
[
(1)-(3)
(No change.)
§106.149.Sand and Gravel Processing [
Any sand and gravel production facility that obtains its material from
deposits of sand and gravel consisting of natural disintegration of rock and
stone is
permitted by rule
[
(1)-(7)
(No change.)
§106.150.Asphalt Silos [
Any silo used to store hot mix asphalt or asphalt emulsion concrete
mixtures which meets the following conditions of this section is
permitted
by rule
[
(1)-(2)
(No change.)
(3)
fuel used for heating the silo is sweet natural gas
as defined in Chapter 101 of this title (relating to General
Air Quality
Rules) or liquid petroleum gas or first run refinery grade diesel or
Number 2 fuel oil that is not a blend containing waste oils or solvents and
that contains less that 0.5% by weight sulfur;
(4)
(No change.)
(5)
before construction begins, written site approval
is received from the executive director and the facility is registered with
the commission's Office of
Permitting, Remediation, and Registration
[
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 March 24, 2000.
TRD-200002123
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.161 - 106.163
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.161. Animal Feeding Operations [
Animal feeding operations which confine animals in numbers specified
in paragraph (1) of this section and any associated on-site feed handling
and/or feed milling operations which satisfy the following conditions of this
section are
permitted by rule
[
(1)-(7)
(No change.)
(8)
All caged poultry operations designed to feed more
than 30,000 birds when a dry manure storage and handling system is used and
when located at least 1/4 mile from any recreational area or residence or
other structure not occupied or used solely by the owner of the egg laying
or caged pullet operation. Before construction of the caged laying and caged
pullet operations begins, written site approval shall be received from the
executive director and the facility shall be registered with the commission's
Office of
Permitting, Remediation, and Registration
[
(9)
(No change.)
§106.162.Livestock Auction Facilities [
Livestock auction sales facilities are
permitted by rule
[
(1)-(5)
(No change.)
(6)
Before construction of the facility begins, written
site approval shall be received from the executive director and the facility
shall be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
§106.163.Race Tracks, Zoos, and Animal Shelters [
All animal racing facilities, domestic animal shelters, zoos, and their
associated confinement areas, stables, feeding areas, and waste collection
and treatment facilities are
permitted by rule
[
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 March 24, 2000.
TRD-200002124
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.181 - 106.183
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.181. Small Boilers, Heaters, and Other Combustion Devices.
(a)
Small boilers, heaters, drying or curing ovens, furnaces,
or other combustion units, but not including stationary internal combustion
engines or turbines, are
permitted by rule
[
(b)
(No change.)
§106.182.Ceramic Kilns [
Kilns used for firing ceramic ware, heated exclusively by natural gas,
liquid petroleum gas, electricity, or any combination thereof are
permitted
by rule
[
(1)-(2)
(No change.)
§106.183. Boilers, Heaters, and Other Combustion Devices [
Boilers, heaters, drying or curing ovens, furnaces, or other combustion
units, but not including stationary internal combustion engines or turbines
are
permitted by rule
[
(1)-(5)
(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 March 24, 2000.
TRD-200002125
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.201 - 106.203
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.201. Permanent and Temporary Concrete Batch Plants [
Any permanently or temporarily located concrete plant that accomplishes
wet batching, dry batching, or central mixing, and operates in compliance
with the following conditions of this section is
permitted by rule
[
(1)-(9)
(No change.)
(10)
Before construction of the facility begins, written
site approval shall be received from the executive director and the facility
shall be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
(11)
Upon issuance of a standard permit
for concrete batch plants, registrations under this section will no longer
be accepted.
§106.202. Temporary Concrete Batch Plants [
Any temporarily located concrete facility that accomplishes wet batching,
dry batching, or central mixing and operates according to the following conditions
of this section is
permitted by rule
[
(1)-(11)
(No change.)
(12)
Before construction of the facility begins, written
site approval shall be received from the executive director and the facility
shall be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
(13)
(No change.)
(14)
Upon issuance of a standard permit
for concrete batch plants, registrations under this section will no longer
be accepted.
§106.203. Specialty Batch Plants [
Any specialty wet batch, concrete, mortar, grout mixing, or pre-cast
concrete products plant that operates according to the following conditions
of this section is
permitted by rule
[
(1)-(9)
(No change.)
(10)
Before construction of the facility begins, written
site approval is received from the executive director and the facility shall
be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
(11)
(No change.)
(12)
Upon issuance of a concrete batch
plant standard permit, registrations under this section will no longer be
accepted.
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 March 24, 2000.
TRD-200002126
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.221, 106.223 - 106.229, 106.231
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.221. Extrusion Presses [
Presses used exclusively for extruding metals, minerals, plastics,
rubber, or wood are
permitted by rule
[
§106.223.Saw Mills [
Sawmills processing no more than 25 million board feet, green lumber
tally of wood per year, in which no mechanical drying of lumber is performed
and which meet all of the following provisions of this section are
permitted
by rule
[
(1)-(7)
(No change.)
(8)
Before construction of the facility begins, written
site approval must be received from the director of the commission's Office
of
Permitting, Remediation, and Registration
[
§106.224. Aerospace Equipment and Parts Manufacturing [
Any new aerospace equipment and parts manufacturing plant, or physical
and operational change to an existing aerospace equipment and parts manufacturing
plant are
permitted by rule
[
(1)
For purposes of this section, aerospace equipment and parts
manufacturing plant means the entire operation on the property which engages
in the fabrication or assembly of parts, tools, or completed components of
any aircraft, helicopter, dirigible, balloon, missile, drone, rocket, or space
vehicle. This
permit by rule
[
(2)-(4)
(No change.)
(5)
Before construction or change in operation begins,
registration shall be submitted to the commission's Office of
Permitting,
Remediation, and Registration
[
(6)-(8)
(No change.)
§106.225.Semiconductor Manufacturing [
Modifications, additions, or relocations of equipment (excluding add-on
controls) used for semiconductor manufacturing operations that result in the
addition, increase, or substitution of an air contaminant are
permitted
by rule
[
(1)-(12)
(No change.)
§106.226. Paints, Varnishes, Ink, and Other Coating Manufacturing [
Coating manufacturing operations including raw material storage, weighing,
mixing, milling, grinding, thinning, and packaging are
permitted by rule
[
(1)-(5)
(No change.)
§106.227.Soldering, Brazing, Welding [
Brazing, soldering, or welding equipment, except those which emit 0.6
ton per year or more of lead, are
permitted by rule
[
§106.228.Platen Presses for Laminating [
Platen presses used for laminating are
permitted by rule
[
§106.229. Textile Dyeing and Stripping Equipment [
Equipment used exclusively for the dyeing or stripping of textiles
is
permitted by rule
[
§106.231.Manufacturing, Refinishing, and Restoring Wood Products.
Facilities, including drying or curing ovens, and hand-held or manually
operated equipment, used for manufacturing, refinishing, and/or restoring
wood products that meet the following requirements are
permitted by rule
[
(1)-(4)
(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 March 24, 2000.
TRD-200002127
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.241 - 106.245
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.241. Slaughterhouses [
Any facility where animals or poultry are slaughtered and prepared
for human consumption provided that waste products such as blood, offal, and
feathers are stored in such a manner as to prevent the creation of a nuisance
condition and these waste products are removed from the premises daily or
stored under refrigeration until removed are
permitted by rule
[
§106.242.Food Preparation [
Equipment used in eating establishments for the purpose of preparing
food for human consumption is
permitted by rule
[
§106.243.Smokehouses [
Smokehouses in which the maximum horizontal inside cross-sectional
area does not exceed 100 square feet are
permitted by rule
[
§106.244.Ovens, Barbecue Pits, and Cookers [
Ovens, mixers, blenders, barbecue pits, and cookers if the products
are edible and intended for human consumption are
permitted by rule
[
§106.245.Ethyl Alcohol Facilities [
Ethyl alcohol (ethanol) production facilities having a capacity of
less than 200 gallons of ethanol per day when natural gas, liquid petroleum
gas, or Number 2 fuel oil is used to supply heat for cooking and distillation
are
permitted by rule
[
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 March 24, 2000.
TRD-200002128
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.261 - 106.266
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.261. Facilities (Emission Limitations) [
Facilities, or physical or operational changes to a facility, are
permitted by rule
[
(1)-(7)
(No change.)
(8)
For emission increases of less than five tons per
year, notification must be provided using either:
(A)
(No change.)
(B)
Form PI-7-261(a) by March 31 of the following year summarizing
all uses of this
permit by rule
[
[
§106.262. Facilities (Emission and Distance Limitations) [
Facilities, or physical or operational changes to a facility, are
permitted by rule
[
(1)-(7)
(No change.)
§106.263.Repairs and Maintenance [
Repairs or maintenance not involving structural changes where no new
or permanent facilities are installed are
permitted by rule
[
§106.264.Replacements of Facilities [
A facility which replaces an existing facility is
permitted by
rule
[
(1)-(7)
(No change.)
§106.265. Hand-held and Manually Operated Machines [
Hand-held or manually operated equipment used for buffing, polishing,
carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding,
or turning of ceramic art work, ceramic precision parts, leather, metals,
plastics, fiber board, masonry, carbon, glass, graphite, or wood is
permitted by rule
[
§106.266.Vacuum Cleaning Systems [
Vacuum cleaning systems used exclusively for industrial, commercial,
or residential housekeeping purposes are
permitted by rule
[
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 March 24, 2000.
TRD-200002129
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
1.
FEED
30 TAC §§106.281 - 106.283
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.281. Feed Milling [
Modifications to feed milling operations which satisfy the following
conditions of this section are
permitted by rule
[
(1)-(2)
(No change.)
§106.282.Feed Grinding Facilities [
Any feed grinding operation which is used only for noncommercial purposes
is
permitted by rule
[
§106.283.Grain Handling, Storage, and Drying [
Any grain handling, storage, and drying facility which meets paragraphs
(1)-(3) of this section is
permitted by rule
[
(1)-(3)
(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 March 24, 2000.
TRD-200002130
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §106.291
STATUTORY AUTHORITY
The amendment is proposed under TCAA, §382.011, which authorizes the
commission to administer the requirements of the TCAA; §382.012, which
provides the commission with the authority to develop a comprehensive plan
for the state's air; §382.017, which authorizes the commission to adopt
rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendment implements §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.291. Cotton Gin Stands [
Replacement or addition of cotton gin stands where no other equipment
change or additions are involved are
permitted by rule
[
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 March 24, 2000.
TRD-200002131
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §106.301, §106.302
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.301. Aqueous Fertilizer Storage [
All aqueous fertilizer storage tanks are
permitted by rule
[
§106.302.Portable Pipe Reactor [
Portable pipe reactor facilities used to process liquid fertilizer
that operate according to the following conditions of this section are
permitted by rule
[
(1)
Before construction begins, the facility shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(2)-(5)
(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 March 24, 2000.
TRD-200002132
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§106.311 - 106.322
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.311. Crucible or Pot Furnace [
Crucible or pot furnaces with a brim full capacity of less than 450
cubic inches of any molten metal are
permitted by rule
[
§106.312.Wax Melting and Application [
Equipment used exclusively for the melting or application of wax is
permitted by rule
[
§106.313.Tumblers for Cleaning or Deburring Metal [
All closed tumblers used for the cleaning or deburring of metal products
without abrasive blasting, and all open tumblers with a batch capacity of
1,000 pounds or less are
permitted by rule
[
§106.314.Shell Core and Mold Machines [
Shell core and shell mold manufacturing machines are
permitted
by rule
[
§106.315. Sand or Investment Molds [
Sand or investment molds with a capacity of 100 pounds or less used
for the casting of metals are
permitted by rule
[
§106.316.Metal Inspection [
Equipment used for inspection of metal products is
permitted by
rule
[
§106.317.Miscellaneous Metal Equipment [
Equipment used exclusively for rolling, forging, pressing, drawing,
spinning, or extruding either hot or cold metals by some mechanical means
is
permitted by rule
[
§106.318.Die Casting Machines [
Die casting machines are
permitted by rule
[
§106.319.Foundry Sand Mold Forming Equipment [
Foundry sand mold forming equipment to which no heat is applied is
permitted by rule
[
§106.320.Miscellaneous Metallic Treatment [
Electrically heated or sweet natural gas or liquid petroleum gas fueled
equipment used exclusively for heat treating, soaking, case hardening, or
surface conditioning of metal objects, such as carbonizing, cyaniding, nitriding,
carbon nitriding, siliconizing, or diffusion treating is
permitted by
rule
[
§106.321.Metal Melting and Holding Furnaces [
Metal melting and holding furnaces as specified in this section are
permitted by rule
[
(1)-(2)
(No change.)
§106.322.Furnaces to Reclaim Aluminum or Copper [
Dry hearth reverberatory type holding chamber aluminum or copper metal
reclamation/sweat furnaces in which no fluxing, degassing, or refining is
conducted, which operate according to the following conditions and limitations
of this section are
permitted by rule
[
(1)-(6)
(No change.)
(7)
Fuel for the furnace shall be sweet natural gas as
defined in Chapter 101 of this title (relating to General
Air Quality
Rules) or liquid petroleum gas, diesel, or Number 2 fuel oil.
(8)
Before construction begins, the facility shall be
registered with the commission's Office of
Permitting, Remediation, and
Registration
[
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 March 24, 2000.
TRD-200002133
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.331 - 106.333
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.331.Cosmetics Packaging and Pharmaceutical Packaging and Coating [
Equipment used exclusively to package pharmaceuticals and cosmetics
or to coat pharmaceutical tablets is
permitted by rule
[
Chlorine Repackaging
[
Facilities that repackage chlorine are
permitted by rule
[
(1)-(6)
(No change.)
§106.333.Water-based Adhesive Mixers [
Equipment used exclusively for the mixing and blending of materials
at ambient temperature to make water-based adhesives is
permitted by
rule
[
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 March 24, 2000.
TRD-200002134
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.351 - 106.355
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
These proposed amendments implement §382.011, concerning General
Powers and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.351. Salt Water Disposal (Petroleum) [
Salt water disposal facilities used to handle aqueous liquid wastes
from petroleum production operations and water injection facilities are
permitted by rule
[
(1)-(3)
(No change.)
(4)
Before construction of the facility begins under this
section, registration of the
permit by rule
[
(A)-(B)
(No change.)
§106.352.Oil and Gas Production Facilities [
Any oil or gas production facility, carbon dioxide separation facility,
or oil or gas pipeline facility consisting of one or more tanks, separators,
dehydration units, free water knockouts, gunbarrels, heater treaters, natural
gas liquids recovery units, or gas sweetening and other gas conditioning facilities,
including sulfur recovery units at facilities conditioning produced gas containing
less than two long tons per day of sulfur compounds as sulfur are
permitted
by rule
[
(1)-(4)
(No change.)
(5)
Before operation begins, facilities handling sour
gas shall be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
§106.353.Temporary Oil and Gas Facilities [
Temporary separators, tanks, meters, and fluid-handling equipment used
for a period not to exceed 90 operating days are
permitted by rule
[
(1)-(4)
(No change.)
§106.354.Iron Sponge Gas Treating Unit [
Iron sponge gas treating units processing streams containing less
than 60 pounds per hour of hydrogen sulfide are
permitted by rule
[
(1)-(3)
(No change.)
§106.355.Metering, Purging, and Maintenance of Pipelines [
Metering, purging, and maintenance operations for gaseous and liquid
petroleum pipelines (including ethylene, propylene, butylene, and butadiene
pipelines) are
permitted by rule
[
(1)-(3)
(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 March 24, 2000.
TRD-200002135
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.371 - 106.376
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.371. Cooling Water Units [
Water cooling towers, water treating systems for process cooling water
or boiler feedwater, and water tanks, reservoirs, or other water containers
designed to cool, store, or otherwise handle water (including rainwater)
that have not been used in direct contact with gaseous or liquid process streams
containing carbon compounds, sulfur compounds, halogens or halogen compounds,
cyanide compounds, inorganic acids, or acid gases are
permitted by rule
[
§106.372.Industrial Gases [
Any air separation, or other industrial gas production, storage, or
packaging facility is
permitted by rule
[
§106.373.Refrigeration Systems [
Refrigeration systems, including storage tanks used in refrigeration
systems, that use one of the following categories of refrigerant are
permitted by rule
[
(1)-(2)
(No change.)
(3)
anhydrous ammonia (ammonia) provided:
(A)
the facility is registered with the commission's Office
of
Permitting, Remediation, and Registration
[
(B)
(No change.)
§106.374.Lime Slaking Facilities [
Any lime slaking facility used to mix quicklime with water is
permitted by rule
[
(1)-(4)
(No change.)
§106.375.Aqueous Solutions for Electrolytic and Electroless Processes [
Equipment using aqueous solutions is
permitted by rule
[
(1)-(3)
(No change.)
§106.376.Decorative Chrome Plating.
Decorative chromium electroplating operations that have a maximum combined
rated capacity for all decorative chrome plating rectifiers of not more than
5,000 amperes and which use a fume suppressant or other equivalent control
as sufficient to meet §113.190 of this title (relating to Chromium Emissions
from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
(40 CFR 63, Subpart N)) are
permitted by rule
[
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 March 24, 2000.
TRD-200002136
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.391 - 106.396
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.391.Rubber and Plastic Curing Presses [
Presses used for the curing of rubber products and plastic products
are
permitted by rule
[
§106.392.Thermoset Resin Facilities [
Facilities using thermoset resins (excluding resins that do not emit
air contaminants) to manufacture or repair products are
permitted by
rule
[
(1)-(3)
(No change.)
§106.393.Conveyance and Storage of Plastic and Rubber Material [
Equipment used exclusively for conveying and storing plastic and/or
rubber solid materials is
permitted by rule
[
(1)-(2)
(No change.)
§106.394. Plastic Compression and Injection Molding [
Equipment used for compression molding and injection molding of plastics
is
permitted by rule
[
§106.395.Equipment for Mixing Plastic and Rubber (No Solvent) [
Mixers, blenders, roll mills, or calenders for rubber or plastics are
permitted by rule
[
(1)-(3)
(No change.)
§106.396.Equipment for Mixing Plastic and Rubber (With Solvent) [
Roll mills or calenders for rubber or plastics in which organic solvents,
diluents, or thinners are used are
permitted by rule
[
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 March 24, 2000.
TRD-200002137
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.411 - 106.419
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.411. Steam or Dry Cleaning Equipment [
Equipment used exclusively for steam or dry cleaning of fabrics, plastics,
rubber, wood, or vehicle engines or drive trains is
permitted by rule
[
§106.412.Fuel Dispensing [
Equipment used exclusively to store and dispense motor fuels into
heavy and light-duty motor vehicles and marine vessels or other watercraft,
aircraft, and railroad locomotive engines is
permitted by rule
[
§106.413.Bond Lining to Brake Shoes [
Equipment used exclusively for bonding lining to brake shoes is
permitted by rule
[
§106.414.Packaging Lubes and Greases [
Equipment used exclusively for the packaging of lubricants or greases
is
permitted by rule
[
§106.415.Laundry Dryers [
Laundry dryers, extractors, or tumblers used for fabrics cleaned with
water solutions of bleach or detergents are
permitted by rule
[
§106.416.Uranium Recovery Facilities [
A uranium in-situ solution recovery facility producing yellowcake
is
permitted by rule
[
(1)-(3)
(No change.)
(4)
Before construction begins, the facility shall be
registered with the commission's Office of
Permitting, Remediation, and
Registration
[
§106.417.Ethylene Oxide Sterilizers [
Ethylene oxide (EO) sterilizing chambers/operations located on the
same or contiguous property and under common ownership that use 1,000 pounds
or less of EO per year are
permitted by rule
[
(1)-(4)
(No change.)
§106.418.Printing Presses [
Printing operations (including, but not limited to, screen printers,
ink-jet printers, presses using electron beam or ultraviolet light curing,
and labeling operations) and supporting equipment (including, but not limited
to, corona treaters, curing lamps, preparation, and cleaning equipment) which
directly supports the printing operation are
permitted by rule
[
(1)
The uncontrolled emission of volatile organic compounds
(VOC) and solvents (including, but not limited to, those used for printing,
cleanup, or makeup) shall not exceed the following rates:
(A)
(No change.)
(B)
25 tpy for all printing operations on the property covered
by
permits by rule
[
(2)
Facilities which release ten tpy or more of VOC
emissions from all [
(3)-(7)
(No change.)
§106.419.Photographic Process Equipment [
Photographic process equipment by which an image is reproduced upon
material sensitized to radiant energy is
permitted by rule
[
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 March 24, 2000.
TRD-200002138
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.431 - 106.436
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
These proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.431. Milling and Grinding of Coatings and Molding Compounds [
Equipment used exclusively to mill or grind coatings and molding compounds
where all materials charged are in a paste form is
permitted by rule
[
§106.432.Dipping Tanks and Containers [
Containers, reservoirs, or tanks used exclusively for dipping operations
for coating objects with oils, waxes, or greases where no organic solvents,
diluents, or thinners are used; or dipping operations for applying coatings
of natural or synthetic resins which contain no organic solvents are
permitted by rule
[
§106.433.Surface Coat Facility [
Surface coating or stripping facilities, excluding vehicle repair and
refinishing shops, shall meet the following conditions of this section to
be
permitted by rule
[
(1)-(9)
(No change.)
§106.434. Powder Coating Facility [
Surface coating operations utilizing powder coating materials with
the powder applied by an electrostatic powder spray gun or an electrostatic
fluidized bed are
permitted by rule
[
§106.435.Classic or Antique Automobile Restoration Facility [
"Classic" or "Antique" vehicle restoration facilities (the terms "classic"
and "antique" vehicle as determined by the Texas Department of Public Safety
Vehicle Inspection and Registration Section under Texas Transportation Code,
Chapter 502, §502.274 (concerning Classic Motor Vehicles) or §502.275
(concerning Certain Antique Vehicles; Offense)) qualify for this
permit
by rule
[
(1)-(6)
(No change.)
§106.436.Auto Body Refinishing Facility [
Body repair and refinishing of motorcycle, passenger car, van, light
truck and heavy truck and other vehicle body parts, bodies, and cabs is
permitted by rule
[
(1)
Before construction begins, the facility shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(2)-(15)
(No change.)
(16)
The following records and reports shall be maintained
at the shop site for a consecutive 24-month period and be made immediately
available upon request of personnel from the commission or any other air pollution
control agency with jurisdiction:
(A)-(D)
(No change.)
(E)
records of the United States Environmental Protection Agency
and the commission's Office of
Permitting, Remediation, and Registration
[
(17)
(No change.)
(18)
After December 31, 1994, the conditions of this
permit by rule
[
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 March 24, 2000.
TRD-200002139
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.451 - 106.454
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.451.Wet Blast Cleaning [
Blast cleaning equipment using a suspension of abrasives in water
is
permitted by rule
[
§106.452.Dry Abrasive Cleaning [
Any abrasive cleaning operation that will satisfy paragraph (1) or
(2) of this section is
permitted by rule
[
(1)
(No change.)
(2)
outside blast cleaning:
(A)-(C)
(No change.)
(D)
before construction begins, the facility is registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(E)
(No change.)
§106.453.Washing and Drying of Glass and Metal [
Equipment used for washing or drying products fabricated from metal
or glass is
permitted by rule
[
§106.454.Degreasing Units [
Any degreasing unit that satisfies the following conditions of this
section is
permitted by rule
[
(1)
The following general requirements are applicable to all
degreasers unless specifically
noted
[
(A)
Units subject to paragraphs (3)-(5) of this section shall
meet the following:
(i)
register with the commission's Office of
Permitting,
Remediation, and Registration
[
(ii)
(No change.)
(B)-(F)
(No change.)
(2)-(5)
(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 March 24, 2000.
TRD-200002140
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.471 - 106.478
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.471.Storage or Holding of Dry Natural Gas [
Equipment used exclusively to store or hold dry natural gas is
permitted by rule
[
§106.472.Organic and Inorganic Liquid Loading and Unloading [
Liquid loading or unloading equipment for railcars, tank trucks, or
drums; storage containers, reservoirs, tanks; and change of service of material
loaded, unloaded, or stored is
permitted by rule
[
(1)-(9)
(No change.)
§106.473.Organic Liquid Loading and Unloading [
Organic liquids loading or unloading equipment for railcars, tank trucks,
or drums; and storage containers, tanks, or change of service of the material
loaded, unloaded, or stored is
permitted by rule
[
(1)-(5)
(No change.)
(6)
Facilities used for the loading, unloading, or storage
of any compound listed in 40 Code of Federal Regulations 261, Appendix VIII
are not
permitted by rule
[
§106.474.Hydrochloric Acid Storage [
Hydrochloric acid storage tanks used exclusively for the storage of
hydrochloric acid with an acid strength of 38% by weight or less are
permitted by rule
[
§106.475.Pressurized Tanks or Tanks Vented to a Firebox [
Any vessel storing carbon compounds composed only of carbon, hydrogen,
or oxygen is
permitted by rule
[
§106.476.Pressurized Tanks or Tanks Vented to Control [
Any tank or other container storing carbon compounds is
permitted
by rule
[
§106.477.Anhydrous Ammonia Storage [
Anhydrous ammonia storage tanks and distribution facilities that meet
the following conditions are
permitted by rule
[
(1)-(5)
(No change.)
(6)
Before construction begins, written site approval
must be received from the regional director and the owner or operator shall
file with the commission's Office of
Permitting, Remediation, and Registration
[
(7)
(No change.)
§106.478.Storage Tank and Change of Service [
Any fixed or floating roof storage tank, or change of service in any
tank, used to store chemicals or mixtures of chemicals shown in Table 478
in paragraph (8) of this section is
permitted by rule
[
(1)-(6)
(No change.)
(7)
Before construction begins, storage tanks of 25,000
gallons or greater capacity and located in a designated nonattainment area
for ozone shall be registered with the commission's Office of
Permitting,
Remediation, and Registration
[
(8)
(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 March 24, 2000.
TRD-200002141
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.491 - 106.496
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.491.Dual Chamber Incinerators [
Dual-chambered incinerators which burn only waste generated on-site
and which meet the conditions of this section are
permitted by rule
[
(1)
(No change.)
(2)
The incinerator shall meet the following operational
conditions.
(A)
Before construction begins, the facility shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(B)-(E)
(No change.)
§106.492.Flares [
Smokeless gas flares which meet the following conditions of this section
are
permitted by rule
[
(1)
(No change.)
(2)
operational conditions.
(A)
(No change.)
(B)
A flare which burns gases containing more than 24 ppmv
of sulfur, chlorine, or compounds containing either element shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(C)
(No change.)
§106.493.Direct Flame Incinerators [
Direct flame incinerators installed for the purpose of reducing or
eliminating non-halogenated volatile organic compound vapors and/or aerosols
(but not liquids or solids) are
permitted by rule
[
(1)
Before construction begins, the facility shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(2)-(9)
(No change.)
§106.494.Pathological Waste Incinerators [
(a)
(No change.)
(b)
Conditions of
permit by rule
[
(1)-(2)
(No change.)
§106.495.Heat Cleaning Devices [
Heat cleaning devices (such as ovens, furnaces, and/or direct flame
incinerators) used to thermally remove residual combustible or semi-combustible
materials from noncombustible electrical or mechanical parts are
permitted
by rule
[
(1)
Before construction begins, the facility shall be registered
with the commission's Office of
Permitting, Remediation, and Registration
[
(2)-(8)
(No change.)
§106.496.Trench Burners [
Any trench burner that operates according to the following conditions
of this section is
permitted by rule
[
(1)-(17)
(No change.)
(18)
Before operation of the facility begins at any site,
written site approval shall be received from the executive director and any
local air pollution control program having jurisdiction in the area and the
facility shall be registered with the commission's Office of
Permitting,
Remediation, and Registration
[
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 March 24, 2000.
TRD-200002142
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §106.511, §106.512
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.511.Portable and Emergency Engines and Turbines [
Internal combustion engine and gas turbine driven compressors, electric
generator sets, and water pumps, used only for portable, emergency, and/or
standby services are
permitted by rule
[
§106.512.Stationary Engines and Turbines [
Gas or liquid fuel-fired stationary internal combustion reciprocating
engines or gas turbines that operate in compliance with the following conditions
of this section are
permitted by rule
[
(1)
The facility shall be registered by submitting the commission's
Form PI-7, Table 29 for each proposed reciprocating engine, and Table 31 for
each proposed gas turbine to the commission's Office of
Permitting, Remediation,
and Registration
[
(2)-(6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on March 24, 2000.
TRD-200002143
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
30 TAC §§106.531 - 106.534
STATUTORY AUTHORITY
The amendments are proposed under TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.057,
which authorizes the commission to exempt from permitting, changes within
any facility which will not make a significant contribution of air contaminants
to the atmosphere; §382.051, which authorizes the commission to issue
permits for construction of facilities which emit air contaminants; and §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere.
The proposed amendments implement §382.011, concerning General Powers
and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.057, concerning Exemption; §382.051, concerning
Permitting Authority of the Commission; and §382.05196, concerning Permits
by Rule.
§106.531.Sewage Treatment Facility [
Sewage treatment facilities, excluding combustion or incineration equipment,
land farms, or grease trap waste handling or treatment facilities are
permitted by rule
[
§106.532.Water and Wastewater Treatment [
Water and wastewater treatment units are
permitted by rule
[
(1)-(2)
(No change.)
(3)
The following shall not be
permitted by rule
under
[
(A)-(D)
(No change.)
§106.533.Water and Soil Remediation [
Equipment used to reclaim or destroy chemicals removed from contaminated
ground water, contaminated water condensate in tank and pipeline systems,
or contaminated soil for the purpose of remedial action is
permitted
by rule
[
(1)-(5)
(No change.)
(6)
Before construction of the facility begins, the facility
shall be registered with the commission's Office of
Permitting, Remediation,
and Registration
[
(7)
(No change.)
§106.534.Municipal Solid Waste Landfills and Transfer Stations [
Municipal solid waste landfills and waste transfer stations operating
in compliance with the Texas Solid Waste Disposal Act are
permitted by
rule
[
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 March 24, 2000.
TRD-200002144
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239 -1966
Subchapter E. SOLVENT-USING PROCESSES
2.
SURFACE COATING PROCESSES
30 TAC §§115.420-115.427, 115.429
The Texas Natural Resource Conservation Commission (commission)
proposes amendments to §115.420, Surface Coating Definitions; §115.421,
Emission Specifications; §115.422, Control Requirements; §115.423,
Alternate Control Requirements; §115.424, Inspection Requirements; §115.425,
Testing Requirements; §115.426, Monitoring and Recordkeeping Requirements; §115.427,
Exemptions; and §115.429, Counties and Compliance Schedules. The commission
proposes these revisions to Chapter 115, Control of Air Pollution from Volatile
Organic Compounds, and to the state implementation plan (SIP) to incorporate
the requirement of Aerospace Manufacturing and Rework Operations Control Techniques
Guideline (CTG) guidance document into the chapter. This incorporation will
provide consistent control requirements to aerospace companies and prevent
the necessity to review individual control plans every two years. In an effort
to improve implementation of the existing Chapter 115 surface coating rules
which apply in the Beaumont/Port Arthur (BPA), Dallas/Fort Worth (DFW), El
Paso (EP), and Houston/Galveston (HGA) ozone nonattainment areas and in Gregg,
Nueces, and Victoria Counties, the commission proposes amendments to §§115.420-115.427
and 115.429 which delete unnecessary requirements and clarify a variety of
requirements and rule references; and associated revisions to the SIP. At
the request of these affected companies, the commission also proposes that
the alternate reasonably available control technology (ARACT) determinations
issued under the existing §115.423(a)(4) to Lockheed-Martin, Raytheon
Company and Bell Helicopter Textron be withdrawn from the SIP. The companies
will then be required to comply directly with the new Chapter 115 aerospace
requirements.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
AEROSPACE COATINGS
Under the 1990 Amendments to the Federal Clean Air Act (FCAA), §183,
the United States Environmental Protection Agency (EPA) is required to issue
various CTG guidance documents for the purpose of assisting states in developing
reasonably achievable control technology (RACT) controls for sources of volatile
organic compound (VOC) emissions. The EPA was required under FCAA, §183(b)(3),
to issue an aerospace CTG by November 15, 1993. The EPA published the final
aerospace CTG in the March 27, 1998 issue of the Federal Register (63 FR 15005).
The aerospace CTG was developed concurrently with the maximum achievable control
technology (MACT) air toxics standards which the EPA promulgated on September
1, 1995 for Aerospace Manufacturing and Rework Facilities (60 FR 45948).
Each state is required to submit a revision to its SIP which implements
RACT regulations for VOC sources in moderate or above ozone nonattainment
areas. Specifically, FCAA, §182(b)(2)(A), requires states to submit RACT
regulations for VOC sources that are covered by a CTG issued after November
15, 1990 (the enactment date of the 1990 FCAA), but prior to the time of attainment.
Limits in state rules must be at least as stringent as the CTG limits or otherwise
must be determined to meet RACT.
Each CTG contains a "presumptive norm" for RACT for a specific source category,
based on the EPA's evaluation of the capabilities and problems general to
that category. Where applicable, the EPA recommends that states adopt requirements
consistent with the presumptive norm. However, the presumptive norm is only
a recommendation. States may choose to develop their own RACT requirements
on a case-by-case basis, considering the emission reductions needed to obtain
achievement of the national ambient air quality standards and the economic
and technical circumstances of the individual source.
ARCHITECTURAL COATINGS
Chapter 115 currently include rules which regulate nine categories of architectural
coatings in the BPA, DFW, EP, and HGA ozone nonattainment areas. These rules
were initially adopted on December 18, 1987 for Dallas and Tarrant Counties.
The rules were amended on May 8, 1992 to include the remaining 14 counties
in the four ozone nonattainment areas.
The FCAA, §183(e), established a new regulatory program for controlling
VOC emissions from consumer and commercial products. Section 183(e) requires
the EPA to list, and schedule for regulation, categories of consumer and commercial
products after completion of a study and report to Congress concerning the
products and their potential to contribute to levels of ozone which violate
the ozone National Ambient Air Quality Standards. In 1992, the EPA initiated
a regulatory negotiation ("reg-neg") to address architectural & industrial
maintenance (AIM) coatings as an alternative to the traditional approach to
rulemaking. The AIM coatings reg-neg committee members represented the affected
industries, consumers, federal agencies, state and local air pollution control
agencies, environmental groups, and labor organizations. Reg-neg meetings
were held from October 1992 to February 1994, but the committee was unable
to reach consensus. On September 23, 1994, the reg-neg concluded without consensus,
and the EPA initiated development of the AIM coatings rule using the information
it had gathered during the reg-neg process.
In the September 11, 1998 issue of the
Federal
Register
(63 FR 48848), EPA adopted a national AIM coatings rule with
a final compliance date of September 11, 1999. The EPA's AIM coatings rule
addresses 55 coating categories and is expected to achieve a 20% VOC emission
reduction. The commission's "15% Rate-of-Progress" SIP for the nonattainment
areas relies on this projected 20% emission reduction. Because the national
AIM coatings rules are much more comprehensive than the Chapter 115 architectural
coatings rules, the commission is proposing to delete these Chapter 115 rules.
SECTION BY SECTION DISCUSSION
The rule amendments propose to incorporate the requirements for Aerospace
Manufacturing and Rework Operations which the EPA outlined in the CTG for
this industry. This includes emissions limitations for VOC used for coating
and clean up. The commission is also proposing amendments which reorganize
and clarify the surface coating rules. These clarifying/reorganizing revisions
include, where possible, consolidation or elimination of redundant language
or requirements, the use of the active (rather than passive) voice, incorporation
of a variety of interpretations made by the agency's Air Rule Interpretation
Team (RIT) and relocation of rule language to more logical locations. In general,
the commission's goal is to make the rules easier to read and more explicit
concerning which requirements apply.
The proposed amendments to §115.420, Surface Coating Definitions,
add new definitions for aerosol coating (spray paint), daily weighted average,
and spray gun which are intended to clarify the existing Chapter 115 surface
coating requirements. The definition of daily weighted average incorporates
the concepts of Air RIT's Rule Interpretation Code Number R5-421.006, concerning
daily weighted average in order to address questions raised to the commission's
staff. The commission proposes that the daily weighted average is VOC content
for all coatings subject to the same content standard applied in a single
day instead of the average for one coating only. The commission believes that
this procedure would most accurately reflect daily VOC emissions from a coating
operation.
The proposed amendments to §115.420 also revise the definitions of
miscellaneous metal parts and products coating and vehicle refinishing (body
shops). The proposed amendment to the definition of "miscellaneous metal parts
and products coating" incorporates the Air RIT's Rule Interpretation Code
Number R5-421.005, concerning the applicability of the miscellaneous metal
parts and products (MMPP) surface coating rules. In order to address questions
from regulated operators, and to clearly state to what operations the MMPP
surface coating rules would apply, the commission proposes that the rules
would apply to: 1) original equipment manufacturing operations; 2) designed
on- site maintenance shops which recoat used parts and products; and 3) off-site
job shops which coat new parts and products or which recoat used parts and
products. The proposed amendments to the definition of vehicle refinishing
(body shops) replace the phrase "repair and recoating" with "coating" because
in some cases the vehicle is not repaired but is simply painted (e.g., a vehicle
with no body damage which is being painted the same or a different color)
and delete the word "commercial" from the phrase "commercial operation" because
an exemption for in-house (fleet) vehicle refinishing operations was added
as §115.427(a)(6) on April 30, 1997. (See the May 13, 1997 issue of the
In addition, the proposed amendments to §115.420 delete the definitions
of architectural coating and non-flat architectural coating. These definitions
will no longer be needed after the deletion of the Chapter 115 architectural
coating rules.
Finally, the proposed amendments to §115.420 add 84 new definitions
for aerospace coating, including: ablative coating, adhesion promoter, adhesive
bonding primer, aerospace vehicle or component, aircraft fluid systems, aircraft
transparency, antichafe coating, antique aerospace vehicle or component, aqueous
cleaning solvent, bearing coating, bonding maskant, caulking and smoothing
compounds, chemical agent-resistant coating (CARC), chemical milling maskant,
cleaning operation, cleaning solvent, clear coating, closed-cycle depainting
system, coating operation, coating unit, commercial exterior aerodynamic structure
primer, commercial interior adhesive, compatible substrate primer, confined
space, corrosion prevention coating, critical use and line sealer maskant,
cryogenic flexible primer, cryoprotective coating, cyanoacrylate adhesive,
dry lubricative material, electric or radiation-effect coating, electrostatic
discharge and electromagnetic interference (EMI) coating, elevated-temperature
Skydrol-resistant commercial primer, epoxy polyamide topcoat, fire-resistant
(interior) coating, flexible primer, flight test coating, flush cleaning,
fuel tank adhesive, fuel tank coating, grams of VOC per liter of coating (less
water and less exempt solvent), hand-wipe cleaning operation, high temperature
coating, insulation covering, intermediate release coating, lacquer, limited
access space, metalized epoxy coating, mold release, monthly weighted average,
nonstructural adhesive, operating parameter value, optical antireflection
coating, part marking coating, pretreatment coating, primer, radome, rain
erosion-resistant coating, research and development, rocket motor bonding
adhesive, rocket motor nozzle coating, rubber-based adhesive, scale inhibitor,
screen print ink, sealant, seal coat maskant, self-priming topcoat, semiaqueous
cleaning solvent, silicone insulation material, solid film lubricant, space
vehicle, specialty coating, specialized function coating, structural autoclavable
adhesive, structural nonautoclavable adhesive, surface preparation, temporary
protective coating, thermal control coating, topcoat, touch-up and repair
coating, touch-up and repair operation, VOC composite vapor pressure, waterborne
(water-reducible) coating, wet fastener installation coating, and wing coating.
The proposed amendments to §115.420 renumber the existing surface coating
definitions as necessary to accomodate inclusion of the new definitions and
deletion of the existing architectural coating definitions. Finally, the definition
of high-volume/low-pressure (HVLP) spray guns would be modified to clarify
that the operating pressure of this equipment is to be measured at the air
cap.
The proposed amendments to §115.421, Emission Specifications, add
emission limitations in the form of a table for aerospace coatings. These
limits are for all coating materials that contain VOCs and for any VOC-containing
materials added to the original coating supplied by the manufacturer.
The proposed amendments to §115.421 also delete the emissions limitations
for architectural coatings as described earlier in this preamble. In addition,
the proposed amendments to the lead-in paragraphs of §115.421(a) and
(b) delete language concerning the calculation of daily weighted average which
is being addressed through the addition of a definition of daily weighted
average to §115.420(a). The commission is also proposing the addition
of an option to use a monthly weighted average for application to operations
not conducted on a daily basis. A definition of monthly weighted average is
included in §115.420.
In separate rulemaking published in the July 16, 1999 issue of the
Finally, the proposed amendments to §115.421 update rule references
that have changed because of the additions, deletions and reordering in the
chapter, and delete references to compliance dates which have passed.
The proposed amendments to §115.422, Control Requirements, add control
requirements for aerospace vehicle or component coating processes subject
to §115.421(a)(11) or (b)(10), as well as related clean-up operations.
In addition, the proposed amendments to §115.422 revise the "once- in,
always-in" (OIAI) rule (currently found in §115.422(5)) update the term
"standard exemption" to "exemption from permitting to reflect pending changes
in terms in Chapter 106 of this title." OIAI is an EPA concept which means
that once emissions from a source exceed the applicability cutoff for a particular
VOC regulation in the SIP, that source is always subject to the control requirements
of the regulation.
The proposed amendments to §115.423, Alternate Control Requirements,
incorporate Gregg, Nueces, and Victoria Counties into subsection (a) and delete
all of subsection (b) which currently contains the alternate control requirements
for these three counties. The proposed amendments also specify that the existing
capture efficiency testing requirements apply only in the BPA, DFW, EP, and
HGA areas, update rule references, and change a reference from "vapor recovery
system" to "vapor control system" for clarification.
The proposed amendments to §115.423 change the review schedule for
ARACT determinations under the existing §115.421(a)(4) and (b)(4) from
every two years to every five years. Because of the time required to process
and review an ARACT, the current two-year review schedule means that at any
given time, companies with ARACTs are either preparing ARACT review applications
or are in the actual review process. The proposed amendments also modify a
cross reference in the equation in §115.423(1).
The proposed amendments to §115.424, Inspection Requirements, incorporate
Gregg, Nueces, and Victoria Counties into subsection (a) and delete all of
subsection (b) which currently contains the inspection requirements for these
three counties.
The proposed amendments to §115.425, concerning Testing Requirements,
incorporate Gregg, Nueces, and Victoria Counties into subsection (a) and delete
all of subsection (b) which currently contains the testing requirements for
these three counties. The proposed amendments to §115.425 also clarify
that if a test method inadvertently measures compounds that are exempt solvent
(i.e., non- VOC), these exempt solvents may be excluded when determining compliance
with an emission standard.
The proposed amendments to §115.425 also specify that the existing
capture efficiency testing requirements apply only in the BPA, DFW, EP, and
HGA areas; update rule references; and change references from "TACB," "vapor
recovery system," and "carbon adsorber" to "executive director," "vapor control
system," and "carbon adsorption system," respectively, for clarification.
In addition, the proposed amendments to the exemption from capture efficiency
testing found in the existing §115.425(a)(4)(A)(ii) to clarify that "daily"
refers to each 24-hour period of the 30-day period. Also, a new paragraph
(5) is proposed for §115.425 that includes testing requirements for aerospace
vehicle or component coating facilities subject to §115.421(a)(11) or
(b)(10).
Finally, the proposed amendments to §115.425 also add a new paragraph
(6), which authorizes the use of test methods other than those specifically
listed in §115.425, provided that any new test method is validated using
the procedures in 40 Code of Federal Regulations (CFR) 63, Appendix A, Test
Method 301, with the executive director acting as the administrator. This
revision is necessary because in some specific unique situations the listed
test methods may be inappropriate. The new paragraph (6) increases flexibility
by allowing the use of additional test methods which may be more cost-effective
and more appropriate in certain unique situations.
The proposed amendments to §115.426, Monitoring and Recordkeeping
Requirements, incorporate Gregg, Nueces, and Victoria Counties into subsection
(a) and delete all of subsection (b) which currently contains the monitoring
and recordkeeping requirements for these three counties. Additionally, the
proposed amendments update rule references; change references from "TACB"
and "vapor recovery system" to "executive director" and "vapor control system,"
respectively, for clarification; add a requirement for monitoring and recording
of appropriate operating parameters for types of vapor control systems not
specifically listed in §115.426(3); and propose deletion of the existing §115.426(a)(2)(A)(iv),
which concerns records associated with control device maintenance activities,
because maintenance activities are already addressed in §101.7, Maintenance,
Start-up and Shutdown Reporting, Recordkeeping, and Operational Requirements.
In addition, the proposed new paragraph (5) specifies the recordkeeping requirements
for aerospace manufacturing and rework operations. Also, the proposed new
paragraph (6) specifies that with the exception of specialty coatings, compliance
with the recordkeeping requirements of 40 CFR §63.752 (National Emission
Standards for Aerospace Manufacturing and Rework Facilities) is considered
to represent compliance with the requirements of §115.426. Finally, the
proposed amendments to §115.426 add alternative recordkeeping requirements
for surface coating operations that qualify for the proposed new exemption
in §115.427 for surface coating operations on a property in the BPA,
DFW, EP, and HGA areas for which total coating and solvent use does not exceed
150 gallons in any consecutive 12-month period.
The proposed amendments to §115.427, Exemptions, exempt all aerospace
vehicles and components from the MMPP requirements after the December 31,
2001 compliance date for the proposed new aerospace requirements; revise the
exemption for aerosol coatings (spray paint) for consistency with the proposed
new definition of this term in §115.420(a). The proposed amendments also
delete the exemptions for architectural coatings due to the proposed deletion
of the architectural coating requirements in the existing §115.421(a)(11),
and change a reference from "facility" to "property" for clarification.
The proposed amendments to §115.427 also add an exemption from §115.421(a)
and §115.423 for surface coating operations on a property in the BPA,
DFW, EP, and HGA areas for which total coating and solvent use does not exceed
150 gallons in any consecutive 12-month period. This exemption is being proposed
to ease the recordkeeping burden on very small surface coating operations.
The proposed exemption level would represent a maximum VOC emission rate of
at most 1200 pounds per year (lb/yr), or 0.6 tons per year (tpy), assuming
a worst-case scenario of eight pounds of VOC per gallon. By comparison, the
existing 15 pounds per day (lb/day) and three pounds per hour (lb/hr) exemption
of §115.427(a)(3)(A) could allow up to 5475 lbs/yr, or 2.7 tpy, of VOC
emissions.
On page 1-1 of the EPA document
Issues Relating
to VOC Regulation Cutpoints, Deficiencies, And Deviations -- Clarification
to Appendix D of November 24, 1987 Federal Register
(May 25, 1988),
the EPA states:
"Where EPA has previously specified 3 lb VOC/hr or 15 lb VOC/day cutoff,
State may use it on actual emissions basis or use 10 tpy theoretical potential
emissions (design capacity [
The commission believes that the proposed exemption is at least as stringent
as the ten tpy theoretical maximum emissions cutoff specified in the federal
guidance. Specifically, the ten tpy cutoff represents an average VOC emission
rate of 55 lb/day. An owner or operator could apply coatings for ten hours
at five lb/hr and still be below this cutoff. With a VOC emission limit of
at most 1200 lb/yr, the owner or operator would be unable to apply coatings
for ten hours at five lb/hr very often; at most, 24 days per year at the 50
lb/day maximum.
The proposed amendments to §115.429, Counties and Compliance Schedules,
specify a December 31, 2001 compliance date for the new aerospace vehicle
and component coating requirements and delete unnecessary language. The proposed
amendments to §115.429 also specify that aerospace vehicle and component
coating processes which are subject to the new aerospace coating requirements
must continue to comply with the existing miscellaneous metal parts and products
coating requirements until these processes are in compliance with the new
aerospace requirements.
EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM
Since 30 TAC Chapter 115 is an applicable requirement under 30 TAC Chapter
122, owners or operators subject to the Federal Operating Permit Program must,
consistent with the revision process in Chapter 122, revise their operating
permits to include the revised Chapter 115 requirements for each emission
unit affected by the revisions to Chapter 115 at their sites.
FISCAL NOTE
Jeff Grymkoski, Director, Strategic Planning and Appropriations, has determined
that for the first five years the proposed rules are in effect, there will
be no significant fiscal implications for units of state or local government
as a result of the administration and enforcement of the proposed rules. The
proposed rules apply to businesses that manufacture, rework and repair aerospace
vehicles and their components in the following nonattainment areas: BPA, DFW,
EP, HGA, Gregg, Nueces, and Victoria Counties.
The commission proposes amendments to Chapter 115 and the SIP to conform
to the Aerospace Manufacturing and Rework Operations CTG promulgated by EPA
in December 1997.
These rules are intended to provide consistent control methods and VOC
content standards for users of aerospace coatings and to eliminate the requirement
that these facilities update their individually tailored ARACT methods every
two years. It is anticipated that adopting this CTG will provide a consistent
method of VOC control that may be less costly for certain facilities to comply
with state and federal air quality standards.
The proposed amendments also delete the architectural coating requirements
contained in Chapter 115 because of recent promulgation of a more comprehensive
federal requirement.
PUBLIC BENEFIT
Mr. Grymkoski has also determined that for each year of the first five
years the proposed amendments are in effect, the public benefit anticipated
from the enforcement of and compliance with these sections will be application
of a consistent method of VOC control for facilities that manufacture, rework
and repair aerospace vehicles and their components in the following nonattainment
areas: BPA, DFW, EP, HGA, Gregg, Nueces, and Victoria Counties.
The EPA estimates that approximately 230 facilities are currently engaged
in aerospace coating and solvent cleaning operations at aerospace manufacturing
and rework facilities in Texas. Most of these facilities are located in the
state's nonattainment areas.
Currently, these facilities must now conform with individually tailored
plans for the control of VOC from aerospace coating operations which must
be renewed every two years. Adoption of the proposed rules would produce some
savings to certain facilities by eliminating the renewal process for those
facilities which already conform to Aerospace Manufacturing and Rework Facilities
CTGs.
The adoption of these rules will require the use of HVLP spray guns for
controling VOC at aerospace manufacturing and rework facilities. The commission
believes that many facilities already use this equipment. Facilities not using
this type of spray guns will be required to purchase them at a cost of approximately
$450 each. The commission has been unable to determined the total number of
spray guns to be purchased at each facility. However, due to relative low
cost of individual spray units, the cost of complying with this requirement
is not anticipated to be significant.
The proposed amendments also delete the architectural coating requirements
contained in Chapter 115 because of recent promulgation of a more comprehensive
federal requirement.
SMALL AND MICRO-BUSINESS IMPACT ANALYSES
The proposed rules are not anticipated to impose a significant adverse
affect on any small businesses and micro-businesses. In addition, no mitigation
of the cost to small business is required under Texas Government Code, §2006.002(a)
because the requirements of this proposal are specified under federal law.
The proposed rules require the use of HVLP spray guns. Small and micro-businesses
engaged in aerospace manufacturing and rework operations which do not currently
use them in their operations will be required to purchase them at a cost of
$450 per spray gun. Although the number spray guns will vary from facility
to facility, the total number of spray guns purchased by any one facility
should not impose a significant adverse affect on that facility.
Deletion of the architectural coating requirement should have no affect
on small businesses as they are currently required to comply with the more
comprehensive federal standards.
DRAFT REGULATORY IMPACT ANALYSIS
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 does not meet the definition of a "major environmental
rule" as defined in that statute. "Major environmental rule" means a rule
the specific intent of which is to protect the environment or reduce risks
to human health from environmental exposure and that may adversely affect
in a material way the economy, a sector of the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state or a sector
of the state. The proposed CTG does not add more stringent standards than
those currently existing under the aerospace MACT.
Section 2001.0225(a) 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 does not meet any of these four applicability requirements
of §2001.0225(a). This rulemaking is not proposed under the general powers
of the agency under Chapter 5 of the Texas Water Code. Instead, the rules
are specifically proposed under the Texas Clean Air Act (TCAA), §382.011,
General Powers and Duties, which provides the commission with the authority
to establish the level of quality to be maintained in the state's air and
the authority to control the quality of the state's air; §382.017, Rules,
which provides the commission with the authority to adopt rules consistent
with the policy and purposes of the TCAA; and §382.012, State Air Control
Plan, which requires the commission to develop plans for protection of the
state's air. Specifically, the proposed amendments do not exceed a standard
set by state or federal law, but comply with federal law requiring adoption,
for moderate or above ozone nonattainment areas, of RACT standards covered
by a CTG issued after November 15, 1990. The proposed amendments do not exceed
a requirement of a delegation agreement. The commission invites public comment
on the draft regulatory impact analysis.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment for these rules
pursuant to Texas Government Code, §2007.043. The following is a summary
of that assessment. The specific purpose of this rulemaking is to add aerospace
coating rules which are based upon a CTG guidance document issued by the EPA,
as required by the FCAA, §182(b)(2)(A). Promulgation and enforcement
of the rule amendments will not affect private real property which is the
subject of the rules because this action does not restrict or limit an owner's
right to their property that would otherwise exist in the absence of governmental
action.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has determined that this rulemaking relates to an action
or actions subject to the Texas Coastal Management Program (CMP) in accordance
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources
Code, §§33.201 et seq.), and the commission's rules in 30 TAC Chapter
281, Subchapter B, concerning Consistency with the CMP. As required by 31
TAC §505.11(b)(2) and 30 TAC §281.45(a)(3), relating to actions
and rules subject to the CMP, commission rules governing air pollutant emissions
must be consistent with the applicable goals and policies of the CMP. The
commission has reviewed this action for consistency with the CMP goals and
policies in accordance with the regulations of the Coastal Coordination Council.
For this rulemaking, the commission has determined that the rules are consistent
with the applicable CMP goal expressed in 31 TAC §501.12(1), of protecting
and preserving the quality and values of coastal natural resource areas and
the policy in 31 TAC §501.14(q), which requires that the commission protect
air quality in coastal areas. No new sources of air contaminants will be authorized
by the rule revisions concerning aerospace control technique guidelines or
by the deletion of the current architectural coating requirements. Therefore,
in compliance with 31 TAC §505.22(e), the commission affirms that the
rulemaking is consistent with CMP goals and policies. Interested persons may
submit comments on the consistency of the proposed rules with the CMP during
the public comment period.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on May 2, 2000,
at 2:00 p.m. in Building F, Room 2210 at the Texas Natural Resource Conservation
Commission complex, located at 12100 Park 35 Circle. Individuals may present
oral statements when called upon in order of registration. Open discussion
will not occur during the hearing; however, agency staff members will be available
to discuss the proposal 30 minutes before the hearing and will answer questions
before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-023-115-AI. Comments must be received by 5:00 p.m., May 8, 2000. For
further information, please contact Beecher Cameron, Policy and Regulations
Division, at (512) 239-1495.
STATUTORY AUTHORITY
The amendments are proposed under the Texas Health and Safety Code, TCAA, §382.011,
General Powers and Duties, which provides the commission with the authority
to establish the level of quality to be maintained in the state's air and
the authority to control the quality of the state's air; §382.017, Rules,
which provides the commission with the authority to adopt rules consistent
with the policy and purposes of the TCAA; and §382.012, State Air Control
Plan, which requires the commission to develop plans for protection of the
state's air.
The proposed amendments implement the Texas Health and Safety Code, TCAA, §382.011,
General Powers and Duties; §382.012, State Air Control Plan; and §382.017,
Rules.
§115.420.Surface Coating Definitions.
(a)
General surface coating definitions. The following terms,
when used in this division (relating to Surface Coating Processes), shall
have the following meanings, unless the context clearly indicates otherwise.
Additional definitions for terms used in this division are found in §115.10
of this title (relating to Definitions), §101.1 of this title (relating
to Definitions), and §3.2 of this title (relating to Definitions).
(1)
Aerosol coating (spray paint)--A
hand-held, pressurized, nonrefillable container that expels an adhesive or
a coating in a finely divided spray when a valve on the container is depressed.
(2)
[
(3)
[
(4)
[
(5)
[
(6)
Daily weighted average--The
total weight of volatile organic compound (VOC) emissions from all coatings
subject to the same emission standard in §115.421 of this title (relating
to Emission Specifications), divided by the total volume of those coatings
(minus water and exempt solvent) delivered to the application system each
day. Coatings subject to different emission standards in §115.421 of
this title shall not be combined for purposes of calculating the daily weighted
average. In addition, determination of compliance is based on each individual
coating line.
(7)
[
(8)
[
(9)
[
Figure: 30 TAC §115.420(a)
(9)
[
(10)
[
Figure: 30 TAC §115.420(a)
(10)
[
(11)
Spray gun--A device that
atomizes a coating or other material and projects the particulates or other
material onto a substrate.
(12)
[
(13)
[
(b)
Specific surface coating definitions. The following terms,
when used in this division (relating to Surface Coating Processes), shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Aerospace coating.
(A)
Ablative coating--A coating that chars when exposed to
open flame or extreme temperatures, as would occur during the failure of an
engine casing or during aerodynamic heating. The ablative char surface serves
as an insulative barrier, protecting adjacent components from the heat or
open flame.
(B)
Adhesion promoter--A very thin coating applied to a substrate
to promote wetting and form a chemical bond with the subsequently applied
material.
(C)
Adhesive bonding primer--A primer applied in a thin film
to aerospace components for the purpose of corrosion inhibition and increased
adhesive bond strength by attachment. There are two categories of adhesive
bonding primers: primers with a design cure at 250 degrees Fahrenheit or below
and primers with a design cure above 250 degrees Fahrenheit.
(D)
Aerospace vehicle or component--Any fabricated part, processed
part, assembly of parts, or completed unit, with the exception of electronic
components, of any aircraft including but not limited to airplanes, helicopters,
missiles, rockets, and space vehicles.
(E)
Aircraft fluid systems--Those systems that handle hydraulic
fluids, fuel, cooling fluids, or oils.
(F)
Aircraft transparency--The aircraft windshield, canopy,
passenger windows, lenses, and other components which are constructed of transparent
materials.
(G)
Antichafe coating--A coating applied to areas of moving
aerospace components that may rub during normal operations or installation.
(H)
Antique aerospace vehicle or component--An aerospace vehicle
or component thereof that was built at least 30 years ago. An antique aerospace
vehicle would not routinely be in commercial or military service in the capacity
for which it was designed.
(I)
Aqueous cleaning solvent--A solvent in which water is at
least 80% by volume of the solvent as applied.
(J)
Bearing coating--A coating applied to an antifriction bearing,
a bearing housing, or the area adjacent to such a bearing in order to facilitate
bearing function or to protect base material from excessive wear. A material
shall not be classified as a bearing coating if it can also be classified
as a dry lubricative material or a solid film lubricant.
(K)
Bonding maskant--A temporary coating used to protect selected
areas of aerospace parts from strong acid or alkaline solutions during processing
for bonding.
(L)
Caulking and smoothing compounds--Semi-solid materials
which are applied by hand application methods and are used to aerodynamically
smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses.
A material shall not be classified as a caulking and smoothing compound if
it can also be classified as a sealant.
(M)
Chemical agent-resistant coating--An exterior topcoat designed
to withstand exposure to chemical warfare agents or the decontaminants used
on these agents.
(N)
Chemical milling maskant--A coating that is applied directly
to aluminum components to protect surface areas when chemically milling the
component with a Type I or II etchant. Type I chemical milling maskants are
used with a Type I etchant and Type II chemical milling maskants are used
with a Type II etchant. This definition does not include bonding maskants,
critical use and line sealer maskants, and seal coat maskants. Additionally,
maskants that must be used with a combination of Type I or II etchants and
any of the above types of maskants (i.e., bonding, critical use and line sealer,
and seal coat) are not included. Maskants that are defined as specialty coatings
are not included under this definition.
(O)
Cleaning operation--Spray-gun, hand-wipe, and flush cleaning
operations.
(P)
Cleaning solvent--A liquid material used for hand-wipe,
spray gun, or flush cleaning. This definition does not include solutions that
contain no VOC.
(Q)
Clear coating--A transparent coating usually applied over
a colored opaque coating, metallic substrate, or placard to give improved
gloss and protection to the color coat.
(R)
Closed-cycle depainting system--A dust free, automated
process that removes permanent coating in small sections at a time, and maintains
a continuous vacuum around the area(s) being depainted to capture emissions.
(S)
Coating operation--Using a spray booth, tank, or other
enclosure or any area (such as a hangar) for applying a single type of coating
(e.g., primer); using the same spray booth for applying another type of coating
(e.g., topcoat) constitutes a separate coating operation for which compliance
determinations are performed separately.
(T)
Coating unit--A series of one or more coating applicators
and any associated drying area and/or oven wherein a coating is applied, dried,
and/or cured. A coating unit ends at the point where the coating is dried
or cured, or prior to any subsequent application of a different coating.
(U)
Commercial exterior aerodynamic structure primer--A primer
used on aerodynamic components and structures that protrude from the fuselage,
such as wings and attached components, control surfaces, horizontal stabilizers,
vertical fins, wing-to-body fairings, antennae, and landing gear and doors,
for the purpose of extended corrosion protection and enhanced adhesion.
(V)
Commercial interior adhesive--Materials used in the bonding
of passenger cabin interior components. These components must meet the Federal
Aviation Administration (FAA) fireworthiness requirements.
(W)
Compatible substrate primer--Either compatible epoxy primer
or adhesive primer. Compatible epoxy primer is primer that is compatible with
the filled elastomeric coating and is epoxy based. The compatible substrate
primer is an epoxy-polyamide primer used to promote adhesion of elastomeric
coatings such as impact-resistant coatings. Adhesive primer is a coating that:
(i)
inhibits corrosion and serves as a primer applied to bare
metal surfaces or prior to adhesive application; or
(ii)
is applied to surfaces that can be expected to contain
fuel. Fuel tank coatings are excluded from this category.
(X)
Confined space--A space that:
(i)
is large enough and so configured that a person can bodily
enter and perform assigned work;
(ii)
has limited or restricted means for entry or exit (for
example, fuel tanks, fuel vessels, and other spaces that have limited means
of entry); and
(iii)
is not suitable for continuous occupancy.
(Y)
Corrosion prevention compound--A coating system or compound
that provides corrosion protection by displacing water and penetrating mating
surfaces, forming a protective barrier between the metal surface and moisture.
Coatings containing oils or waxes are excluded from this category.
(Z)
Critical use and line sealer maskant--A temporary coating,
not covered under other maskant categories, used to protect selected areas
of aerospace parts from strong acid or alkaline solutions such as those used
in anodizing, plating, chemical milling and processing of magnesium, titanium,
or high-strength steel, high-precision aluminum chemical milling of deep cuts,
and aluminum chemical milling of complex shapes. Materials used for repairs
or to bridge gaps left by scribing operations (i.e., line sealer) are also
included in this category.
(AA)
Cryogenic flexible primer--A primer designed to provide
corrosion resistance, flexibility, and adhesion of subsequent coating systems
when exposed to loads up to and surpassing the yield point of the substrate
at cryogenic temperatures (-275 degrees Fahrenheit and below).
(BB)
Cryoprotective coating--A coating that insulates cryogenic
or subcooled surfaces to limit propellant boil-off, maintain structural integrity
of metallic structures during ascent or re-entry, and prevent ice formation.
(CC)
Cyanoacrylate adhesive--A fast-setting, single component
adhesive that cures at room temperature. Also known as "super glue."
(DD)
Dry lubricative material--A coating consisting of lauric
acid, cetyl alcohol, waxes, or other noncross linked or resin-bound materials
that act as a dry lubricant.
(EE)
Electric or radiation-effect coating--A coating or coating
system engineered to interact, through absorption or reflection, with specific
regions of the electromagnetic energy spectrum, such as the ultraviolet, visible,
infrared, or microwave regions. Uses include, but are not limited to, lightning
strike protection, electromagnetic pulse (EMP) protection, and radar avoidance.
Coatings that have been designated as "classified" by the Department of Defense
are excluded.
(FF)
Electrostatic discharge and electromagnetic interference
coating--A coating applied to space vehicles, missiles, aircraft radomes,
and helicopter blades to disperse static energy or reduce electromagnetic
interference.
(GG)
Elevated-temperature Skydrol-resistant commercial primer--A
primer applied primarily to commercial aircraft (or commercial aircraft adapted
for military use) that must withstand immersion in phosphate-ester hydraulic
fluid (Skydrol 500b or equivalent) at the elevated temperature of 150 degrees
Fahrenheit for 1,000 hours.
(HH)
Epoxy polyamide topcoat--A coating used where harder films
are required or in some areas where engraving is accomplished in camouflage
colors.
(II)
Fire-resistant (interior) coating--For civilian aircraft,
fire-resistant interior coatings are used on passenger cabin interior parts
that are subject to the FAA fireworthiness requirements. For military aircraft,
fire-resistant interior coatings are used on parts that are subject to the
flammability requirements of MIL-STD-1630A and MIL-A-87721. For space applications,
these coatings are used on parts that are subject to the flammability requirements
of SE-R-0006 and SSP 30233.
(JJ)
Flexible primer--A primer that meets flexibility requirements
such as those needed for adhesive bond primed fastener heads or on surfaces
expected to contain fuel. The flexible coating is required because it provides
a compatible, flexible substrate over bonded sheet rubber and rubber-type
coatings as well as a flexible bridge between the fasteners, skin, and skin-to-skin
joints on outer aircraft skins. This flexible bridge allows more topcoat flexibility
around fasteners and decreases the chance of the topcoat cracking around the
fasteners. The result is better corrosion resistance.
(KK)
Flight test coating--A coating applied to aircraft other
than missiles or single-use aircraft prior to flight testing to protect the
aircraft from corrosion and to provide required marking during flight test
evaluation.
(LL)
Flush cleaning--Removal of contaminants such as dirt,
grease, oil, and coatings from an aerospace vehicle or component or coating
equipment by passing solvent over, into, or through the item being cleaned.
The solvent may simply be poured into the item being cleaned and then drained,
or assisted by air or hydraulic pressure, or by pumping. Hand-wipe cleaning
operations where wiping, scrubbing, mopping, or other hand action are used
are not included.
(MM)
Fuel tank adhesive--An adhesive used to bond components
exposed to fuel and must be compatible with fuel tank coatings.
(NN)
Fuel tank coating--A coating applied to fuel tank components
for the purpose of corrosion and/or bacterial growth inhibition and to assure
sealant adhesion in extreme environmental conditions.
(OO)
Grams of VOC per liter of coating (less water and less
exempt solvent)--The weight of VOC per combined volume of total volatiles
and coating solids, less water and exempt compounds. Can be calculated by
the following equation:
Figure: 30 TAC §115.420(b)(1)(OO)
(PP)
Hand-wipe cleaning operation--Removing contaminants such
as dirt, grease, oil, and coatings from an aerospace vehicle or component
by physically rubbing it with a material such as a rag, paper, or cotton swab
that has been moistened with a cleaning solvent.
(QQ)
High temperature coating--A coating designed to withstand
temperatures of more than 350 degrees Fahrenheit.
(RR)
Insulation covering--Material that is applied to foam
insulation to protect the insulation from mechanical or environmental damage.
(SS)
Intermediate release coating--A thin coating applied beneath
topcoats to assist in removing the topcoat in depainting operations and generally
to allow the use of less hazardous depainting methods.
(TT)
Lacquer--A clear or pigmented coating formulated with
a nitrocellulose or synthetic resin to dry by evaporation without a chemical
reaction. Lacquers are resoluble in their original solvent.
(UU)
Limited access space--Internal surfaces or passages of
an aerospace vehicle or component that cannot be reached without the aid of
an airbrush or a spray gun extension for the application of coatings.
(VV)
Metalized epoxy coating--A coating that contains relatively
large quantities of metallic pigmentation for appearance and/or added protection.
(WW)
Mold release--A coating applied to a mold surface to prevent
the molded piece from sticking to the mold as it is removed.
(XX)
Monthly weighted average--the total weight of VOC emission
from all coatings divided by the total volume of those coatings (minus water
and exempt solvents) delivered to the application system each calender month.
Coatings shall not be combined for purposes of calculating the monthly weighted
average. In addition, determination of compliance is based on each individual
coating operation.
(YY)
Nonstructural adhesive--An adhesive that bonds nonload
bearing aerospace components in noncritical applications and is not covered
in any other specialty adhesive categories.
(ZZ)
Operating parameter value--A minimum or maximum value
established for a control equipment or process parameter that, if achieved
by itself or in combination with one or more other operating parameter values,
determines that an owner or operator has continued to comply with an applicable
emission limitation.
(AAA)
Optical antireflection coating--A coating with a low
reflectance in the infrared and visible wavelength ranges that is used for
antireflection on or near optical and laser hardware.
(BBB)
Part marking coating--Coatings or inks used to make identifying
markings on materials, components, and/or assemblies of aerospace vehicles.
These markings may be either permanent or temporary.
(CCC)
Pretreatment coating--An organic coating that contains
at least 0.5% acids by weight and is applied directly to metal or composite
surfaces to provide surface etching, corrosion resistance, adhesion, and ease
of stripping.
(DDD)
Primer--The first layer and any subsequent layers of
identically formulated coating applied to the surface of an aerospace vehicle
or component. Primers are typically used for corrosion prevention, protection
from the environment, functional fluid resistance, and adhesion of subsequent
coatings. Primers that are defined as specialty coatings are not included
under this definition.
(EEE)
Radome--The nonmetallic protective housing for electromagnetic
transmitters and receivers (e.g., radar, electronic countermeasures, etc.).
(FFF)
Rain erosion-resistant coating--A coating or coating
system used to protect the leading edges of parts such as flaps, stabilizers,
radomes, engine inlet nacelles, etc. against erosion caused by rain impact
during flight.
(GGG)
Research and development--An operation whose primary
purpose is for research and development of new processes and products and
that is conducted under the close supervision of technically trained personnel
and is not involved in the manufacture of final or intermediate products for
commercial purposes, except in a de minimis manner.
(HHH)
Rocket motor bonding adhesive--An adhesive used in rocket
motor bonding applications.
(III)
Rocket motor nozzle coating--A catalyzed epoxy coating
system used in elevated temperature applications on rocket motor nozzles.
(JJJ)
Rubber-based adhesive--A quick setting contact cement
that provides a strong, yet flexible bond between two mating surfaces that
may be of dissimilar materials.
(KKK)
Scale inhibitor--A coating that is applied to the surface
of a part prior to thermal processing to inhibit the formation of scale.
(LLL)
Screen print ink--An ink used in screen printing processes
during fabrication of decorative laminates and decals.
(MMM)
Sealant--A material used to prevent the intrusion of
water, fuel, air, or other liquids or solids from certain areas of aerospace
vehicles or components. There are two categories of sealants: extrudable/rollable/brushable
sealants and sprayable sealants.
(NNN)
Seal coat maskant--An overcoat applied over a maskant
to improve abrasion and chemical resistance during production operations.
(OOO)
Self-priming topcoat--A topcoat that is applied directly
to an uncoated aerospace vehicle or component for purposes of corrosion prevention,
environmental protection, and functional fluid resistance. More than one layer
of identical coating formulation may be applied to the vehicle or component.
(PPP)
Semiaqueous cleaning solvent--A solution in which water
is a primary ingredient. More than 60% by volume of the solvent solution as
applied must be water.
(QQQ)
Silicone insulation material--An insulating material
applied to exterior metal surfaces for protection from high temperatures caused
by atmospheric friction or engine exhaust. These materials differ from ablative
coatings in that they are not "sacrificial."
(RRR)
Solid film lubricant--A very thin coating consisting
of a binder system containing as its chief pigment material one or more of
the following: molybdenum, graphite, polytetrafluoroethylene, or other solids
that act as a dry lubricant between faying (i.e., closely or tightly fitting)
surfaces.
(SSS)
Space vehicle--A man-made device, either manned or unmanned,
designed for operation beyond earth's atmosphere. This definition includes
integral equipment such as models, mock-ups, prototypes, molds, jigs, tooling,
hardware jackets, and test coupons. Also included is auxiliary equipment associated
with test, transport, and storage, that through contamination can compromise
the space vehicle performance.
(TTT)
Specialty coating--A coating that, even though it meets
the definition of a primer, topcoat, or self-priming topcoat, has additional
performance criteria beyond those of primers, topcoats, and self-priming topcoats
for specific applications. These performance criteria may include, but are
not limited to, temperature or fire resistance, substrate compatibility, antireflection,
temporary protection or marking, sealing, adhesively joining substrates, or
enhanced corrosion protection.
(UUU)
Specialized function coating--A coating that fulfills
extremely specific engineering requirements that are limited in application
and are characterized by low volume usage. This category excludes coatings
covered in other specialty coating categories.
(VVV)
Structural autoclavable adhesive--An adhesive used to
bond load-carrying aerospace components that is cured by heat and pressure
in an autoclave.
(WWW)
Structural nonautoclavable adhesive--An adhesive cured
under ambient conditions that is used to bond load-carrying aerospace components
or other critical functions, such as nonstructural bonding in the proximity
of engines.
(XXX)
Surface preparation--The removal of contaminants from
the surface of an aerospace vehicle or component or the activation or reactivation
of the surface in preparation for the application of a coating.
(YYY)
Temporary protective coating--A coating applied to provide
scratch or corrosion protection during manufacturing, storage, or transportation.
Two types include peelable protective coatings and alkaline removable coatings.
These materials are not intended to protect against strong acid or alkaline
solutions. Coatings that provide this type of protection from chemical processing
are not included in this category.
(ZZZ)
Thermal control coating--A coating formulated with specific
thermal conductive or radiative properties to permit temperature control of
the substrate.
(AAAA)
Topcoat--A coating that is applied over a primer on
an aerospace vehicle or component for appearance, identification, camouflage,
or protection. Topcoats that are defined as specialty coatings are not included
under this definition.
(BBBB)
Touch-up and repair coating--A coating used to cover
minor coating imperfections appearing after the main coating operation.
(CCCC)
Touch-up and repair operation--That portion of the coating
operation that is the incidental application of coating used to cover minor
imperfections in the coating finish or to achieve complete coverage. This
definition includes out-of-sequence or out-of-cycle coating.
(DDDD)
VOC composite vapor pressure--The sum of the partial
pressures of the compounds defined as VOCs and is determined by the following
calculation:
Figure: 30 TAC §115.420(b)(1)(DDDD)
(EEEE)
Waterborne (water-reducible) coating--A coating which
contains more than 5.0% water by weight as applied in its volatile fraction.
(FFFF)
Wet fastener installation coating--A primer or sealant
applied by dipping, brushing, or daubing to fasteners that are installed before
the coating is cured.
(GGGG)
Wing coating--A corrosion-resistant topcoat that is
resilient enough to withstand the flexing of the wings.
[(1)
Aerospace vehicle or component--Any
fabricated part, processed part, assembly of parts, or completed unit, with
the exception of electronic components, of any aircraft including but not
limited to airplanes, helicopters, missiles, rockets, and space vehicles.]
[(2)
Architectural coating.]
[(A)
Architectural coating--Any protective or decorative coating
applied to the interior or exterior of a building or structure, including
latex paint, alkyd paints, stains, lacquers, varnishes, and urethanes.]
[(B)
Non-flat architectural coating--Any coating which registers
a gloss of 15 or greater on an 85 degree gloss meter or 5 or greater on a
60 degree gloss meter, and which is identified on the label as gloss, semigloss,
or eggshell enamel coating.]
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(A)
Clear coat--A coating which lacks opacity or which is transparent
and which may or may not have an undercoat that is used as a reflectant base
or undertone color.
(B)
Drum (metal)--Any cylindrical metal shipping container
with a nominal capacity equal to or greater than 12 gallons (45.4 liters)
but equal to or less than 110 gallons (416 liters).
(C)
Extreme performance coating--A coating intended for exposure
to extreme environmental conditions, such as continuous outdoor exposure;
temperatures frequently above 95 degrees Celsius (203 degrees Fahrenheit);
detergents; abrasive and scouring agents; solvents; and corrosive solutions,
chemicals, or atmospheres.
(D)
High-bake coatings--Coatings designed to cure at temperatures
above 194 degrees Fahrenheit.
(E)
Low-bake coatings--Coatings designed to cure at temperatures
of 194 degrees Fahrenheit or less.
(F)
MMPP
[
(i)
large farm machinery (harvesting, fertilizing, and planting
machines, tractors, combines, etc.);
(ii)
small farm machinery (lawn and garden tractors, lawn mowers,
rototillers, etc.);
(iii)
small appliances (fans, mixers, blenders, crock pots,
dehumidifiers, vacuum cleaners, etc.);
(iv)
commercial machinery (computers and auxiliary equipment,
typewriters, calculators, vending machines, etc.);
(v)
industrial machinery (pumps, compressors, conveyor components,
fans, blowers, transformers, etc.);
(vi)
fabricated metal products (metal-covered doors, frames,
etc.); and
(vii)
any other category of coated metal products, [
(G)
Pail (metal)--Any cylindrical metal shipping container
with a nominal capacity equal to or greater than 1 gallon (3.8 liters) but
less than 12 gallons (45.4 liters) and constructed of 29 gauge or heavier
material.
(10)
[
(11)
[
(A)
Air flask specialty coating--Any special composition coating
applied to interior surfaces of high pressure breathing air flasks to provide
corrosion resistance and that is certified safe for use with breathing air
supplies.
(B)
Antenna specialty coating--Any coating applied to equipment
through which electromagnetic signals must pass for reception or transmission.
(C)
Antifoulant specialty coating--Any coating that is applied
to the underwater portion of a vessel to prevent or reduce the attachment
of biological organisms and that is registered with the
EPA
[
(D)
Batch--The product of an individual production run of a
coating manufacturer's process. (A batch may vary in composition from other
batches of the same product.)
(E)
Bitumens--Black or brown materials that are soluble in
carbon disulfide, which consist mainly of hydrocarbons.
(F)
Bituminous resin coating--Any coating that incorporates
bitumens as a principal component and is formulated primarily to be applied
to a substrate or surface to resist ultraviolet radiation and/or water.
(G)
Epoxy--Any thermoset coating formed by reaction of an epoxy
resin (i.e., a resin containing a reactive epoxide with a curing agent).
(H)
General use coating--Any coating that is not a specialty
coating.
(I)
Heat resistant specialty coating--Any coating that during
normal use must withstand a temperature of at least 204 degrees Celsius (400
degrees Fahrenheit).
(J)
High-gloss specialty coating--Any coating that achieves
at least 85% reflectance on a 60 degree meter when tested by the American
Society for Testing and Materials (ASTM) Method D-523.
(K)
High-temperature specialty coating--Any coating that during
normal use must withstand a temperature of at least 426 degrees Celsius (800
degrees Fahrenheit).
(L)
Inorganic zinc (high-build) specialty coating--A coating
that contains 960 grams per liter (eight pounds per gallon) or more elemental
zinc incorporated into an inorganic silicate binder that is applied to steel
to provide galvanic corrosion resistance. (These coatings are typically applied
at more than two mil dry film thickness.)
(M)
Maximum allowable thinning ratio--The maximum volume of
thinner that can be added per volume of coating without exceeding the applicable
VOC limit of §115.421(a)(15)(A) of this title [
(N)
Military exterior specialty coating--Any exterior topcoat
applied to military or
United States
[
(O)
Mist specialty coating--Any low viscosity, thin film, epoxy
coating applied to an inorganic zinc primer that penetrates the porous zinc
primer and allows the occluded air to escape through the paint film prior
to curing.
(P)
Navigational aids specialty coating--Any coating applied
to Coast Guard buoys or other Coast Guard waterway markers when they are recoated
aboard ship at their usage site and immediately returned to the water.
(Q)
Nonskid specialty coating--Any coating applied to the horizontal
surfaces of a marine vessel for the specific purpose of providing slip resistance
for personnel, vehicles, or aircraft.
(R)
Nonvolatiles (or volume solids)--Substances that do not
evaporate readily. This term refers to the film-forming material of a coating.
(S)
Nuclear specialty coating--Any protective coating used
to seal porous surfaces such as steel (or concrete) that otherwise would be
subject to intrusion by radioactive materials. These coatings must be resistant
to long-term (service life) cumulative radiation exposure (ASTM D4082-83),
relatively easy to decontaminate (ASTM D4256-83), and resistant to various
chemicals to which the coatings are likely to be exposed (ASTM 3912-80). (For
nuclear coatings, see the general protective requirements outlined by the
U.S. Atomic Energy Commission in a report entitled "U.S. Atomic Energy Commission
Regulatory Guide 1.54" dated June 1973, available through the Government Printing
Office at (202) 512-2249 as document number A74062-00001.)
(T)
Organic zinc specialty coating--Any coating derived from
zinc dust incorporated into an organic binder that contains more than 960
grams of elemental zinc per liter (eight pounds per gallon) of coating, as
applied, and that is used for the expressed purpose of corrosion protection.
(U)
Pleasure craft--Any marine or fresh-water vessel used by
individuals for noncommercial, nonmilitary, and recreational purposes that
is less than 20 meters (65.6 feet) in length. A vessel rented exclusively
to, or chartered for, individuals for such purposes shall be considered a
pleasure craft.
(V)
Pretreatment wash primer specialty coating--Any coating
that contains a minimum of 0.5% acid by weight that is applied only to bare
metal surfaces to etch the metal surface for corrosion resistance and adhesion
of subsequent coatings.
(W)
Repair and maintenance of thermoplastic coating of commercial
vessels (specialty coating)--Any vinyl, chlorinated rubber, or bituminous
resin coating that is applied over the same type of existing coating to perform
the partial recoating of any in-use commercial vessel. (This definition does
not include coal tar epoxy coatings, which are considered "general use" coatings.)
(X)
Rubber camouflage specialty coating--Any specially formulated
epoxy coating used as a camouflage topcoat for exterior submarine hulls and
sonar domes.
(Y)
Sealant for thermal spray aluminum--Any epoxy coating applied
to thermal spray aluminum surfaces at a maximum thickness of one dry mil.
(Z)
Ship--Any marine or fresh-water vessel, including self-propelled
vessels, those propelled by other craft (barges), and navigational aids (buoys).
This definition includes, but is not limited to, all military and Coast Guard
vessels, commercial cargo and passenger (cruise) ships, ferries, barges, tankers,
container ships, patrol and pilot boats, and dredges. Pleasure craft and offshore
oil or gas drilling platforms are not considered ships.
(AA)
Shipbuilding and ship repair operations--Any building,
repair, repainting, converting, or alteration of ships or offshore oil or
gas drilling platforms.
(BB)
Special marking specialty coating--Any coating that is
used for safety or identification applications, such as ship numbers and markings
on flight decks.
(CC)
Specialty interior coating--Any coating used on interior
surfaces aboard
United States
[
(DD)
Tack coat specialty coating--Any thin film epoxy coating
applied at a maximum thickness of two dry mils to prepare an epoxy coating
that has dried beyond the time limit specified by the manufacturer for the
application of the next coat.
(EE)
Undersea weapons systems specialty coating--Any coating
applied to any component of a weapons system intended to be launched or fired
from under the sea.
(FF)
Weld-through preconstruction primer (specialty coating)--A
coating that provides corrosion protection for steel during inventory, is
typically applied at less than one mil dry film thickness, does not require
removal prior to welding, is temperature resistant (burn back from a weld
is less than 1.25 centimeters (0.5 inches)), and does not normally require
removal before applying film-building coatings, including inorganic zinc high-build
coatings. When constructing new vessels, there may be a need to remove areas
of weld-through preconstruction primer due to surface damage or contamination
prior to application of film-building coatings.
(12)
[
(A)
Automobile and light-duty truck manufacturing.
(i)
Automobile coating--The assembly-line coating of passenger
cars, or passenger car derivatives, capable of seating 12 or fewer passengers.
(ii)
Light-duty truck coating--The assembly-line coating of
motor vehicles rated at 8,500 pounds (3,855.5 kg) gross vehicle weight or
less and designed primarily for the transportation of property, or derivatives
such as pickups, vans, and window vans.
(B)
Vehicle refinishing (body shops).
(i)
Basecoat/clearcoat system--A topcoat system composed of
a pigmented basecoat portion and a transparent clearcoat portion. The VOC
content of a basecoat (bc)/clearcoat (cc) system shall be calculated according
to the following formula:
Figure: 30 TAC §115.420(b)
(12)
[
(ii)
Precoat--Any coating that is applied to bare metal to
deactivate the metal surface for corrosion resistance to a subsequent water-based
primer. This coating is applied to bare metal solely for the prevention of
flash rusting.
(iii)
Pretreatment--Any coating which contains a minimum of
0.5% acid by weight that is applied directly to bare metal surfaces to etch
the metal surface for corrosion resistance and adhesion of subsequent coatings.
(iv)
Primer or primer surfacers--Any base coat, sealer, or
intermediate coat which is applied prior to colorant or aesthetic coats.
(v)
Sealers--Coatings that are formulated with resins which,
when dried, are not readily soluble in typical solvents. These coatings act
as a shield for surfaces over which they are sprayed by resisting the penetration
of solvents which are in the final topcoat.
(vi)
Specialty coatings--Coatings or additives which are necessary
due to unusual job performance requirements. These coatings or additives prevent
the occurrence of surface defects and impart or improve desirable coating
properties. These products include, but are not limited to, uniform finish
blenders, elastomeric materials for coating of flexible plastic parts, coatings
for non-metallic parts, jambing clear coatings, gloss flatteners, and anti-glare/safety
coatings.
(vii)
Three-stage system--A topcoat system composed of a pigmented
basecoat portion, a semitransparent midcoat portion, and a transparent clearcoat
portion. The VOC content of a three-stage system shall be calculated according
to the following formula:
Figure: 30 TAC §115.420(b)
(12)
(viii)
Vehicle refinishing (body shops)--The
coating of vehicles, including, but not limited to, motorcycles, passenger
cars, vans, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses,
and other vehicle body parts, bodies, and cabs by an operation other than
the original manufacturer. The coating of trailers and construction equipment
is not included.
(ix)
[
[(ix)
Vehicle refinishing (body shops)--The
repair and recoating of vehicles, including, but not limited to, motorcycles,
passenger cars, vans, light-duty trucks, medium-duty trucks, heavy-duty trucks,
buses, and other vehicle body parts, bodies, and cabs by a commercial operation
other than the original manufacturer. The repair and recoating of trailers
and construction equipment are not included.]
(13)
[
(14)
[
(A)
The following terms apply to wood parts and products coating
facilities subject to §115.421(a)(13) of this title.
(i)
Clear coat--A coating which lacks opacity or which is transparent
and uses the undercoat as a reflectant base or undertone color.
(ii)
Clear sealers--Liquids applied over stains, toners, and
other coatings to protect these coatings from marring during handling and
to limit absorption of succeeding coatings.
(iii)
Final repair coat--Liquids applied to correct imperfections
or damage to the topcoat.
(iv)
Opaque ground coats and enamels--Colored, opaque liquids
applied to wood or wood composition substrates which completely hide the color
of the substrate in a single coat.
(v)
Semitransparent spray stains and toners--Colored liquids
applied to wood to change or enhance the surface without concealing the surface,
including but not limited to, toners and nongrain-raising stains.
(vi)
Semitransparent wiping and glazing stains--Colored liquids
applied to wood that require multiple wiping steps to enhance the grain character
and to partially fill the porous surface of the wood.
(vii)
Shellacs--Coatings formulated solely with the resinous
secretions of the lac beetle (laccifer lacca), thinned with alcohol, and formulated
to dry by evaporation without a chemical reaction.
(viii)
Topcoat--A coating which provides the final protective
and aesthetic properties to wood finishes.
(ix)
Varnishes--Clear wood finishes formulated with various
resins to dry by chemical reaction on exposure to air.
(x)
Wash coat--A low-solids clear liquid applied over semitransparent
stains and toners to protect the color coats and to set the fibers for subsequent
sanding or to separate spray stains from wiping stains to enhance color depth.
(xi)
Wood parts and products coating--The coating of wood parts
and products, excluding factory surface coating of flat wood paneling.
(B)
The following terms apply to wood furniture manufacturing
facilities subject to §115.421(a)(14) of this title.
(i)
Adhesive--Any chemical substance that is applied for the
purpose of bonding two surfaces together other than by mechanical means. Adhesives
are not considered to be coatings or finishing materials for wood furniture
manufacturing facilities subject to §115.421(a)(14) of this title.
(ii)
Basecoat--A coat of colored material, usually opaque,
that is applied before graining inks, glazing coats, or other opaque finishing
materials and is usually topcoated for protection.
(iii)
Cleaning operations--Operations in which organic solvent
is used to remove coating materials from equipment used in wood furniture
manufacturing operations.
(iv)
Continuous coater--A finishing system that continuously
applies finishing materials onto furniture parts moving along a conveyor system.
Finishing materials that are not transferred to the part are recycled to the
finishing material reservoir. Several types of application methods can be
used with a continuous coater, including spraying, curtain coating, roll coating,
dip coating, and flow coating.
(v)
Conventional air spray--A spray coating method in which
the coating is atomized by mixing it with compressed air at an air pressure
greater than 10 pounds per square inch gauge (psig) at the point of atomization.
Airless and air-assisted airless spray technologies are not conventional air
spray because the coating is not atomized by mixing it with compressed air.
Electrostatic spray technology is also not conventional air spray because
an electrostatic charge is employed to attract the coating to the workpiece.
In addition, high-volume low-pressure (HVLP) spray technology is not conventional
air spray because its pressure is less than 10 psig.
(vi)
Finishing application station--The part of a finishing
operation where the finishing material is applied (for example, a spray booth).
(vii)
Finishing material--A coating used in the wood furniture
industry. For the wood furniture manufacturing industry, such materials include,
but are not limited to, basecoats, stains, washcoats, sealers, and topcoats.
(viii)
Finishing operation--Those activities in which a finishing
material is applied to a substrate and is subsequently air-dried, cured in
an oven, or cured by radiation.
(ix)
Organic solvent--A liquid containing VOCs that is used
for dissolving or dispersing constituents in a coating; adjusting the viscosity
of a coating; cleaning; or washoff. When used in a coating, the organic solvent
evaporates during drying and does not become a part of the dried film.
(x)
Sealer--A finishing material used to seal the pores of
a wood substrate before additional coats of finishing material are applied.
Washcoats, which are used in some finishing systems to optimize aesthetics,
are not sealers.
(xi)
Stain--Any color coat having a solids content of no more
than 8.0% by weight that is applied in single or multiple coats directly to
the substrate. Includes, but is not limited to, nongrain-raising stains, equalizer
stains, sap stains, body stains, no-wipe stains, penetrating stains, and toners.
(xii)
Strippable booth coating--A coating that is applied to
a booth wall to provide a protective film to receive overspray during finishing
operations; is subsequently peeled off and disposed; and reduces or eliminates
the need to use organic solvents to clean booth walls.
(xiii)
Topcoat--The last film-building finishing material applied
in a finishing system. A material such as a wax, polish, nonoxidizing oil,
or similar substance that must be periodically reapplied to a surface over
its lifetime to maintain or restore the reapplied material's intended effect
is not considered to be a topcoat.
(xiv)
Touch-up and repair--The application of finishing materials
to cover minor finishing imperfections.
(xv)
Washcoat--A transparent special purpose coating having
a solids content of 12% by weight or less. Washcoats are applied over initial
stains to protect and control color and to stiffen the wood fibers in order
to aid sanding.
(xvi)
Washoff operations--Those operations in which organic
solvent is used to remove coating from a substrate.
(xvii)
Wood furniture--Any product made of wood, a wood product
such as rattan or wicker, or an engineered wood product such as particleboard
that is manufactured under any of the following standard industrial classification
codes: 2434 (wood kitchen cabinets), 2511 (wood household furniture, except
upholstered), 2512 (wood household furniture, upholstered), 2517 (wood television,
radios, phonograph and sewing machine cabinets), 2519 (household furniture
not elsewhere classified), 2521 (wood office furniture), 2531 (public building
and related furniture), 2541 (wood office and store fixtures, partitions,
shelving and lockers), 2599 (furniture and fixtures not elsewhere classified),
or 5712 (custom kitchen cabinets).
(xviii)
Wood furniture component--Any part that is used in
the manufacture of wood furniture. Examples include, but are not limited to,
drawer sides, cabinet doors, seat cushions, and laminated tops. However, foam
seat cushions manufactured and fabricated at a facility that does not engage
in any other wood furniture or wood furniture component manufacturing operation
are excluded from this definition.
(xix)
Wood furniture manufacturing operations--The finishing,
cleaning, and washoff operations associated with the production of wood furniture
or wood furniture components.
§115.421.Emission Specifications.
(a)
No person in the Beaumont/Port Arthur, Dallas/Fort Worth,
El Paso, and Houston/Galveston areas as defined in §115.10 of this title
(relating to Definitions) may cause, suffer, allow, or permit volatile organic
compound (VOC) emissions from the surface coating processes affected by paragraphs
(1)-(15) of this subsection to exceed the specified emission limits. These
limitations are based on the daily weighted average of all coatings delivered
to each coating line, except for those in paragraph (10) of this subsection
which are based on paneling surface area, [
(1)-(7)
(No change.)
(8)
Vehicle coating.
(A)
The following VOC emission limits shall be achieved for
all automobile and light-duty truck manufacturing, on the basis of solvent
content per gallon of coating (minus water and exempt solvents) delivered
to the application system or for primer surfacer and top coat application,
compliance may be demonstrated on the basis of VOC emissions per gallon of
solids deposited as determined by
§115.425(3)
[
Figure: 30 TAC §115.421(a)(8)(A)
(B)-(C)
(No change.)
(9)
Miscellaneous metal parts and products
(MMPP)
coating.
(A)
VOC emissions from the coating of
MMPP
[
(i)-(iii)
(No change.)
(iv)
3.0 pounds per gallon (0.36 kg/liter) of coating (minus
water and exempt solvent) delivered to the application system for all other
coating applications, including high-bake coatings, that pertain to
MMPP
[
(v)
until December 31, 2001,
3.5 pounds per gallon
(0.42 kg/liter) of coating (minus water and exempt solvent) delivered to the
application system as a prime coat for the exterior of aircraft.
(B)-(C)
(No change.)
(10)
(No change.)
(11)
Aerospace coatings. The VOC content
of coatings, including any VOC-containing materials added to the original
coating supplied by the manufacturer, which are applied to aerospace vehicles
or components shall not exceed the following limits (in grams of VOC per liter
of coating, less water and exempt solvent). The following applications are
exempt from the VOC content limits of this paragraph: manufacturing or re-work
of space vehicles or antique aerospace or components of each; touchup, and
United States Department of Defense classified coatings; separate formulations
in volumes less than 50 gallons per year to a maximum of 200 gallons per year
for all such formulations.
(A)
For the broad categories of primers, topcoats, and chemical
milling maskants (Type I/II) which are not specialty coatings as listed in
subparagraph (B) of this paragraph:
(i)
primer, 350;
(ii)
topcoats (including self-priming topcoats), 420; and
(iii)
chemical milling maskants:
(I)
Type I, 622; and
(II)
Type II, 160.
(B)
For specialty coatings:
Figure: 30 TAC §115.421(a)(11)(B)
[(11)
Architectural coatings. Any
coating sold or offered for sale as an architectural coating shall have the
date of manufacture clearly marked on each container, and the VOC content
shall not exceed the following limits:]
[(A)
2.2 pounds per gallon (0.26 kg/liter) of coating (minus
water and exempt solvent) for non-flat and flat latex paints;]
[(B)
3.5 pounds per gallon (0.42 kg/liter) of coating (minus
water and exempt solvent) for interior alkyd paints;]
[(C)
4.0 pounds per gallon (0.48 kg/liter) of coating (minus
water and exempt solvent) for exterior alkyd paints;]
[(D)
4.5 pounds per gallon (0.54 kg/liter) of coating (minus
water and exempt solvent) for epoxy paints;]
[(E)
6.0 pounds per gallon (0.72 kg/liter) of coating (minus
water and exempt solvent) for exterior stains;]
[(F)
7.0 pounds per gallon (0.84 kg/liter) of coating (minus
water and exempt solvent) for interior stains;]
[(G)
4.5 pounds per gallon (0.54 kg/liter) of coating (minus
water and exempt solvent) for urethane coatings;]
[(H)
4.5 pounds per gallon (0.54 kg/liter) of coating (minus
water and exempt solvent) for alkyd varnishes; and]
[
5.6 pounds per gallon (0.67 kg/liter) of coating
(minus water and exempt solvent) for nitrocellulose- based lacquers.]
(12)
Surface coating of mirror backing.
(13)
Surface coating of wood parts and products.
(A)-(B)
(No change.)
(C)
The requirements of
§115.423(3)
[
(i)
a vapor
control
[
(ii)
(No change.)
(14)
Surface coating at wood furniture manufacturing
facilities.
The
[
(A)
VOC emissions from finishing operations shall be limited
by:
(i)-(iv)
(No change.)
(v)
Using a vapor
control
[
(vi)
(No change.)
(B)
(No change.)
(15)
Marine coatings.
The
[
(A)-(B)
(No change.)
(b)
No person in Gregg, Nueces, and Victoria Counties may cause,
suffer, allow, or permit VOC emissions from the surface coating processes
affected by paragraphs (1)-(9) of this subsection to exceed the specified
emission limits. These limitations are based on the daily weighted average
of all coatings delivered to each coating line, except for those in paragraph
(9) of this subsection which are based on paneling surface area. [
(1)-(7)
(No change.)
(8)
MMPP
[
(A)
VOC emissions from the coating of
MMPP
[
(i)
4.3 pounds per gallon (0.52 kg/liter) of coating (minus
water and exempt solvent) delivered to the application system as a clear coat;
or as an interior protective coating for pails and drums;
(ii)
3.5 pounds per gallon (0.42 kg/liter) of coating (minus
water and exempt solvent) delivered to the application system as a low-bake
coating; or that utilizes air or forced air driers;
(iii)
3.5 pounds per gallon (0.42 kg/liter) of coating (minus
water and exempt solvent) delivered to the application system as an extreme
performance coating, including chemical milling maskants; and
(iv)
3.0 pounds per gallon (0.36 kg/liter) of coating (minus
water and exempt solvent) delivered to the application system for all other
coating applications, including high-bake coatings, that pertain to
MMPP
[
(B)-(C)
(No change.)
(9)
(No change.)
(10)
Aerospace coatings. Coatings applied
to aerospace vehicles or components shall meet the requirements specified
in subsection (a)(11) of this section and §115.422(5) of this title,
unless exempted under §115.427(b) of this title (relating to Exemptions).
§115.422.Control Requirements.
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas, the following control requirements shall apply.
(1)
The owner or operator of each vehicle refinishing (body
shop) operation shall minimize volatile organic compound
(VOC)
emissions during equipment cleanup by utilizing the following procedures:
(A)-(C)
(No change.)
(2)
(No change.)
(3)
The following requirements apply to each wood furniture
manufacturing facility subject to §115.421(a)(14) of this title (relating
to Emission Specifications).
(A)
No compounds containing more than 8.0% by weight of
VOC
[
(B)
(No change.)
(C)
Conventional air spray guns shall not be used for applying
finishing materials except under one or more of the following circumstances:
(i)-(iii)
(No change.)
(iv)
If emissions from the finishing application station are
directed to a vapor
control
[
(v)-(vi)
(No change.)
(D)-(E)
(No change.)
(4)
(No change.)
(5)
The following requirements apply
to each aerospace vehicle or component coating process subject to §115.421(a)(11)
or (b)(10) of this title.
(A)
One or more of the following application techniques shall
be used to apply any primer or topcoat to aerospace vehicles or components:
flow/curtain coating; dip coating; roll coating; brush coating; cotton-tipped
swab application; electrodeposition coating; HVLP spraying; electrostatic
spraying; or other coating application methods that achieve emission reductions
equivalent to HVLP or electrostatic spray application methods, unless one
of the following situations apply:
(i)
any situation that normally requires the use of an airbrush
or an extension on the spray gun to properly reach limited access spaces;
(ii)
the application of specialty coatings;
(iii)
the application of coatings that contain fillers that
adversely affect atomization with HVLP spray guns and that the executive director
has determined cannot be applied by any of the specified application methods;
(iv)
the application of coatings that normally have a dried
film thickness of less than 0.0013 centimeter (0.0005 in.) and that the executive
director has determined cannot be applied by any of the specified application
methods in this subparagraph;
(v)
the use of airbrush application methods for stenciling,
lettering, and other identification markings;
(vi)
the use of aerosol coating (spray paint) application methods;
and
(vii)
touch-up and repair operations.
(B)
Cleaning solvents used in hand-wipe cleaning operations
shall meet the definition of aqueous cleaning solvent in §115.420(b)(1)(I)
of this title (relating to Surface Coating Definitions) or have a VOC composite
vapor pressure less than or equal to 45 millimeters of mercury at 20 degrees
Celsius, unless one of the following situations apply:
(i)
cleaning during the manufacture, assembly, installation,
maintenance, or testing of components of breathing oxygen systems that are
exposed to the breathing oxygen;
(ii)
cleaning during the manufacture, assembly, installation,
maintenance, or testing of parts, subassemblies, or assemblies that are exposed
to strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen,
hydrazine);
(iii)
cleaning and surface activation prior to adhesive bonding;
(iv)
cleaning of electronics parts and assemblies containing
electronics parts;
(v)
cleaning of aircraft and ground support equipment fluid
systems that are exposed to the fluid, including air-to-air heat exchangers
and hydraulic fluid systems;
(vi)
cleaning of fuel cells, fuel tanks, and confined spaces;
(vii)
surface cleaning of solar cells, coated optics, and thermal
control surfaces;
(viii)
cleaning during fabrication, assembly, installation,
and maintenance of upholstery, curtains, carpet, and other textile materials
used on the interior of the aircraft;
(ix)
cleaning of metallic and nonmetallic materials used in
honeycomb cores during the manufacture or maintenance of these cores, and
cleaning of the completed cores used in the manufacture of aerospace vehicles
or components;
(x)
cleaning of aircraft transparencies, polycarbonate, or
glass substrates;
(xi)
cleaning and solvent usage associated with research and
development, quality control, or laboratory testing;
(xii)
cleaning operations, using nonflammable liquids, conducted
within 5 feet of energized electrical systems. Energized electrical systems
means any alternating current (AC) or direct current (DC) electrical circuit
on an assembled aircraft once electrical power is connected, including interior
passenger and cargo areas, wheel wells and tail sections; and
(xiii)
cleaning operations identified as essential uses under
the Montreal Protocol for which EPA has allocated essential use allowances
or exemptions in 40 Code of Federal Regulations §82.4, including any
future amendments promulgated by EPA.
(C)
For cleaning solvents used in the flush cleaning of parts,
assemblies, and coating unit components, the used cleaning solvent must be
emptied into an enclosed container or collection system that is kept closed
when not in use or captured with wipers provided they comply with the housekeeping
requirements of subparagraph (E) of this paragraph. Aqueous and semiaqueous
cleaning solvents are exempt from this subparagraph.
(D)
All spray guns must be cleaned by one or more of the following
methods:
(i)
enclosed spray gun cleaning system provided that it is
kept closed when not in use and leaks are repaired within 14 days from when
the leak is first discovered. If the leak is not repaired by the 15th day
after detection, the solvent shall be removed and the enclosed cleaner shall
be shut down until the leak is repaired or its use is permanently discontinued;
(ii)
unatomized discharge of solvent into a waste container
that is kept closed when not in use;
(iii)
disassembly of the spray gun and cleaning in a vat that
is kept closed when not in use; or
(iv)
atomized spray into a waste container that is fitted with
a device designed to capture atomized solvent emissions.
(E)
All fresh and used cleaning solvents used in solvent cleaning
operations shall be stored in containers that are kept closed at all times
except when filling or emptying. Cloth and paper, or other absorbent applicators,
moistened with cleaning solvents shall be stored in closed containers. Cotton-
tipped swabs used for very small cleaning operations are exempt from this
subparagraph. In addition, the owner or operator must implement handling and
transfer procedures to minimize spills during filling and transferring the
cleaning solvent to or from enclosed systems, vats, waste containers, and
other cleaning operation equipment that hold or store fresh or used cleaning
solvents. The requirements of this subparagraph are known collectively as
housekeeping measures. Aqueous and semiaqueous cleaning solvents are exempt
from this subparagraph.
(6)
[
(A)
the project by which throughput or emission rate was reduced
is authorized by any permit or permit amendment or standard permit or [
(B)
if authorization by permit, permit amendment, standard
permit, or [
§115.423.Alternate Control Requirements.
(a)
The alternate control requirements for
surface coating processes
[
(1)
Emission calculations for surface coating operations performed
to satisfy the conditions of §101.23 of this title (relating to Alternate
Emission Reduction "Bubble" Policy), §115.910 of this title (relating
to Availability of Alternate Means of Control), or other demonstrations of
equivalency with the specified emission limits in this division (relating
to Surface Coating Processes) shall be based on the pounds of volatile organic
compounds (VOC) per gallon of solids for all affected coatings. The following
equation shall be used to convert emission limits from pounds of VOC per gallon
of coating to pounds of VOC per gallon of solids:
Figure: 30 TAC §115.423[
(2)
(No change.)
(3)
If a vapor
control
[
(4)
For any surface coating process or processes at a
specific property, the executive director may approve requirements different
from those in §115.421(a)(9)
or (b)(8)
of this title [
[(b)
For all affected persons in Gregg, Nueces,
and Victoria Counties, the following alternate control requirements may apply:]
[(1)
Emission calculations for surface coating operations performed
to satisfy the conditions of §101.23 of this title, §115.910 of
this title, or other demonstrations of equivalency with the specified emission
limits in this division (relating to Surface Coating Processes) shall be based
on the pounds of VOC per gallon of solids for all affected coatings. The following
equation shall be used to convert emission limits from pounds of VOC per gallon
of coating to pounds of VOC per gallon of solids:]
[Figure: 30 TAC §115.423(b)(1)]
[(2)
Any alternate methods of demonstrating and documenting
continuous compliance with the applicable control requirements or exemption
criteria in this division, such as use of improved transfer efficiency, may
be approved by the executive director in accordance with §115.910 of
this title if emission reductions are demonstrated to be substantially equivalent.]
[(3)
If a vapor recovery system is used to control emissions
from coating operations, the capture and abatement system shall be capable
of achieving and maintaining emission reductions equivalent to the emission
limitations of §115.421(b) of this title (relating to Emission Specifications)
and an overall control efficiency of at least 80% of the VOC emissions from
those coatings. The owner or operator of any surface coating facility shall
submit design data for each capture system and emission control device which
is proposed for use to the executive director for approval.]
[(4)
For any surface coating process or processes at a
specific property the Executive Director may approve requirements different
from those in §115.421(b)(8) of this title based upon his determination
that such requirements will result in the lowest emission rate that is technologically
and economically reasonable. When he makes such a determination, the Executive
Director shall specify the date or dates by which such different requirements
shall be met and shall specify any requirements to be met in the interim.
If the emissions resulting from such different requirements equal or exceed
25 tons a year for a property, the determinations for that property shall
be reviewed every two years. Executive director approval does not necessarily
constitute satisfaction of all federal requirements nor eliminate the need
for approval by the EPA in cases where specified criteria for determining
equivalency have not been clearly identified in applicable sections of this
chapter.]
§115.424.Inspection Requirements.
[(a)
For the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas, the following inspection requirements
shall apply:]
(a)
[
[(2)
All wholesalers and retailers affected
by §115.421(a) of this title must provide samples, without charge, upon
request by representatives of the executive director, EPA, or local air pollution
control agency.]
(b)
[
[(b)
For Gregg, Nueces, and Victoria Counties,
the following inspection requirements shall apply:]
[(1)
All surface coating processes or operations affected by §115.421(b)
of this title must provide samples, without charge, upon request by representatives
of the executive director, EPA, or local air pollution control agency.]
[(2)
The representative or inspector requesting the sample
will determine the amount of coating needed to test the sample to determine
compliance.]
§115.425.Testing Requirements.
(a)
The testing requirements for surface coating
processes in
[
(1)
Compliance with
§115.421
[
(A)-(B)
(No change.)
(C)
EPA
[
(D)
additional test procedures described in 40 Code of Federal
Regulations
(CFR) §
60.446; or
(E)
(No change.)
(2)
Compliance with
§115.423(3)
[
(A)-(C)
(No change.)
(D)
additional performance test procedures described in 40
CFR
[
(E)
(No change.)
(3)
Compliance with the alternative emission limits
in §115.421(a)(8)(A) of this title [
(A)
(No change.)
(B)
The procedure contained in this paragraph for determining
daily compliance with the alternative emission limitation in §115.421(a)(8)(A)
of this title [
(i)-(ii)
(No change.)
(iii)
The occurrence weighted average (Q) in pounds of
VOC
[
Figure: 30 TAC §115.425[
(4)
In the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas, surface coating processes subject
to §115.423(3) of this title shall measure the
[
(A)
Exemptions
[
(i)
(No change.)
(ii)
If a source uses a control device designed to collect
and recover VOC (e.g., carbon
adsorption system
[
(I)
The source must be able to equate solvent usage with solvent
recovery on a 24-hour (daily) basis, rather than a 30-day weighted average.
This must be done within 72 hours following each 24-hour period
of the
30-day period
.
(II)
(No change.)
(B)
(No change.)
(C)
The following conditions must be met in measuring capture
efficiency
:
[
(i)-(ii)
(No change.)
(iii)
During an initial pretest meeting, the
executive
director
[
(5)
The following additional
testing requirements apply to each aerospace vehicle or component coating
facility subject to §115.421(a)(11) or (b)(10) of this title.
(A)
For coatings which are not waterborne (water-reducible),
determine the VOC content of each formulation (less water and less exempt
solvents) as applied using manufacturer's supplied data or Method 24 of 40
CFR 60, Appendix A. If there is a discrepancy between the manufacturer's formulation
data and the results of the Method 24 analysis, compliance shall be based
on the results from the Method 24 analysis. For water-borne (water-reducible)
coatings, manufacturer's supplied data alone can be used to determine the
VOC content of each formulation.
(B)
For aqueous and semiaqueous cleaning solvents, manufacturers'
supplied data shall be used to determine the water content.
(C)
For hand-wipe cleaning solvents, manufacturers' supplied
data or standard engineering reference texts or other equivalent methods shall
be used to determine the vapor pressure or VOC composite vapor pressure for
blended cleaning solvents.
(D)
Except for specialty coatings, compliance with the test
method requirements of 40 CFR §63.750, (National Emission Standards for
Aerospace Manufacturing and Rework Facilities), is considered to represent
compliance with the requirements of this section (relating to Testing Requirements).
(6)
Test methods other than those
specified in paragraphs (1)-(5) of this section may be used if validated by
40 CFR 63, Appendix A, Test Method 301. For the purposes of this paragraph,
substitute "executive director" each place that Test Method 301 references
"administrator."
[(b)
For Gregg, Nueces, and Victoria Counties,
the following testing requirements shall apply.]
[(1)
Compliance with §115.421(b) of this title shall be
determined by applying the following test methods, as appropriate:]
[(A)
Test Method 24 (40 CFR 60, Appendix A) with a one-hour
bake;]
[(B)
ASTM Test Methods D 1186-06.01, D 1200-06.01, D 3794-06.01,
D 2832-69, D 1644-75, and D 3960-81;]
[(C)
EPA guidelines series document "Procedures for Certifying
Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings,"
EPA-450/3-84-019, as in effect December, 1984;]
[(D)
additional test procedures described in 40 CFR 60.446;
or]
[(E)
minor modifications to these test methods approved by
the executive director.]
[(2)
Compliance with §115.423(b)(3) of this
title (relating to Alternate Control Requirements) shall be determined by
applying the following test methods, as appropriate:]
[(A)
Test Methods 1-4 (40 CFR 60, Appendix A) for determining
flow rates, as necessary;]
[(B)
Test Method 25 (40 CFR 60, Appendix A) for determining
total gaseous nonmethane organic emissions as carbon;]
[(C)
Test Method 25A or 25B (40 CFR 60, Appendix A) for determining
total gaseous organic concentrations using flame ionization or nondispersive
infrared analysis;]
[(D)
additional performance test procedures described in 40
CFR 60.444; or]
[(E)
minor modifications to these test methods approved by
the executive director.]
§115.426.Monitoring and Recordkeeping Requirements.
[
The following recordkeeping requirements
apply to the owner or operator of each surface coating process in
[
(1)
The owner or operator
[
(A)
(No change.)
(B)
Records shall be maintained of the quantity and type of
each coating and solvent consumed during the specified averaging period if
any of the coatings, as delivered to the coating application system, exceed
the applicable control limits. Such records shall be sufficient to calculate
the applicable weighted average of VOC for all coatings.
(i)-(ii)
(No change.)
(iii)
As an alternative to the recordkeeping
requirements of this subparagraph, any surface coating operation that qualifies
for exemption under §115.427(a)(3)(C) of this title (relating to Exemptions)
shall maintain records of total gallons of coating and solvent used in each
month, and total gallons of coating and solvent used in the previous 12 months.
(C)
Records shall be maintained of any testing conducted at
an affected facility in accordance with the provisions specified in
§115.425
[
(D)
Records required by subparagraphs (A)-(C) of this paragraph
shall be maintained for at least two years and shall be made available upon
request by representatives of the executive director,
EPA
[
(2)
The owner or operator of any surface coating
facility which utilizes a vapor
control
[
(A)
install and maintain monitors to accurately measure and
record operational parameters of all required control devices, as necessary,
to ensure the proper functioning of those devices in accordance with design
specifications, including:
(i)-(iii)
(No change.)
(iv)
appropriate operating parameters for
vapor control systems other than those specified in clauses (i)-(iii) of this
subparagraph;
[(iv)
the dates and reasons for any maintenance
and repair of the required control devices and the estimated quantity and
duration of VOC emissions during such activities;]
(B)
maintain records of any testing conducted [
(C)
(No change.)
(3)
The owner or operator shall maintain, on file,
the capture efficiency protocol submitted under
§115.425(4)
[
(4)
Records shall be maintained sufficient to document
the applicability of the conditions for exemptions referenced in
§115.427
[
(5)
The following additional requirements
apply to each aerospace vehicle or component coating process subject to §115.421(a)(11)
or (b)(10) of this title. The owner or operator shall:
(A)
for coatings:
(i)
maintain a current list of coatings in use with category
and VOC content as applied; and
(ii)
record coating usage on an annual basis;
(B)
for aqueous and semiaqueous hand-wipe cleaning solvents,
maintain a list of materials used with corresponding water contents;
(C)
for vapor pressure compliant hand-wipe cleaning solvents:
(i)
maintain a current list of cleaning solvents in use with
their respective vapor pressures or, for blended solvents, VOC composite vapor
pressures; and
(ii)
maintain a record cleaning solvent usage on an annual
basis;
(D)
for cleaning solvents with a vapor pressure greater than
45 millimeters of Mercury used in exempt hand-wipe cleaning operations:
(i)
maintain a list of exempt hand-wipe cleaning processes;
(ii)
maintain a record cleaning solvent usage on an annual
basis.
(6)
Except for specialty coatings,
compliance with the recordkeeping requirements of 40 CFR §63.752, (National
Emission Standards for Aerospace Manufacturing and Rework Facilities), is
considered to represent compliance with the requirements of this section (relating
to Monitoring and Recordkeeping Requirements).
[(b)
For Gregg, Nueces, and Victoria Counties,
the following recordkeeping requirements shall apply.]
[(1)
Any person affected by §115.421(b) of this title
shall satisfy the following recordkeeping requirements.]
[(A)
A material data sheet shall be maintained which documents
the VOC content, composition, solids content, solvent density, and other relevant
information regarding each coating and solvent available for use in the affected
surface coating processes sufficient to determine continuous compliance with
applicable control limits.]
[(B)
Records shall be maintained of the quantity and type of
each coating and solvent consumed during the specified averaging period if
any of the coatings, as delivered to the coating application system, exceed
the applicable control limits. Such records shall be sufficient to calculate
the applicable weighted average of VOC for all coatings.]
[
Records shall be maintained of any testing
conducted at an affected facility in accordance with the provisions specified
in §115.425(b)(1) of this title (relating to Testing Requirements).]
[(D)
Records required by subparagraphs (A)-(C) of this paragraph
shall be maintained for at least two years and shall be made available upon
request by representatives of the executive director, EPA, or local air pollution
control agency.]
[(2)
The owner or operator of any surface coating
facility which utilizes a vapor recovery system approved by the executive
director in accordance with §115.423(b)(3) of this title shall:]
[(A)
install and maintain monitors to accurately measure and
record operational parameters of all required control devices as necessary
to ensure the proper functioning of those devices in accordance with design
specifications; including]
[(i)
continuous monitoring of the exhaust gas temperature immediately
downstream of direct-flame incinerators and/or the gas temperature immediately
upstream and downstream of any catalyst bed;]
[(ii)
the total amount of VOC recovered by carbon adsorption
or other solvent recovery systems during a calendar month;]
[(iii)
continuous monitoring of carbon adsorption bed exhaust;
and]
[(iv)
the dates and reasons for any maintenance and repair
of the required control devices and the estimated quantity and duration of
VOC emissions during such activities;]
[(B)
maintain records of any testing conducted at an affected
facility in accordance with the provisions specified in §115.425(b)(2)
of this title (relating to Testing Requirements); and]
[(C)
maintain all records at the affected facility for at least
two years and make such records available to representatives of the executive
director, EPA, or local air pollution control agency, upon request.]
[(3)
Records shall be maintained sufficient to document
the applicability of the conditions for exemptions referenced in §115.427(b)
of this title (relating to Exemptions).]
§115.427.Exemptions.
(a)
For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso,
and Houston/Galveston areas, the following exemptions shall apply:
(1)
The following coating operations are exempt from [
(A)
exterior of fully assembled aircraft, except as required
by §115.421(a)(9)(A)(v) of this title
, and after December 31, 2001,
all aerospace vehicles and components
;
(B)-(C)
(No change.)
(2)
The following coating operations are exempt from
[
(A)-(C)
(No change.)
(3)
The following exemptions [
(A)
Surface coating operations on a property which, when uncontrolled,
will emit a combined weight of
volatile organic compound (VOC)
[
(B)
Surface coating operations on a property which, when uncontrolled,
will emit a combined weight of VOC of less than 100 pounds in any consecutive
24-hour period
are
[
(C)
Surface coating operations on a property
for which total coating and solvent usage does not exceed 150 gallons in any
consecutive 12-month period are exempt from §115.421(a) and §115.423
of this title.
(D)
[
(E)
[
(F)
[
(G)
[
(H)
[
(I)
[
(J)
[
(K)
The following activities where
cleaning and coating of aerospace vehicles or components may take place: research
and development, quality control, laboratory testing, and electronic parts
and assemblies; except for cleaning and coating of completed assemblies.
[(4)
The following architectural
coatings are exempt from the provisions of §115.421(a)(11) of this title:]
[(A)
paints sold in containers of one quart or less;]
[(B)
paints used on roadways, pavement, swimming pools, and
similar surfaces;]
[(C)
concentrated color additives;]
[(D)
architectural coatings sold for shipment outside of the
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas
or for shipment to other manufacturers for repackaging; and]
[(E)
in ozone nonattainment counties other than Dallas and
Tarrant, architectural coatings manufactured before July 31, 1992.]
(4)
[
(5)
[
(b)
For Gregg, Nueces, and Victoria Counties, the following
exemptions shall apply:
(1)
Surface coating operations located at any
property
[
(2)
The following coating operations are exempt from [
(A)
exterior of fully assembled aircraft
, and after December
31, 2001, all aerospace vehicles and components
;
(B)-(D)
(No change.)
(3)
The following coating operations are exempt from
[
(A)-(C)
(No change.)
(4)
Aerosol coatings (spray paint)
[
§115.429.Counties and Compliance Schedules.
(a)
All wood furniture manufacturing facilities subject to §115.421(a)(14)
of this title (relating to Emission Specifications) in Brazoria, Chambers,
Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson,
Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall be in compliance
with §115.421(a)(14) of this title and §115.422(3) of this title
(relating to Control Requirements) as soon as practicable, but no later than
December 31, 1999. All wood furniture manufacturing facilities subject to §115.421(a)(14)
of this title in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort
Bend, Galveston, Harris, Liberty, Montgomery, Tarrant, and Waller Counties
shall continue to comply with [
(b)
(No change.)
(c)
All aerospace vehicle and component surface
coating processes subject to §§115.421(a)(11) or (b)(10), 115.422(5),
115.425(5), and 115.426(5) of this title (relating to Emission Specifications;
Control Requirements; Testing Requirements; and Monitoring and Recordkeeping
Requirements) in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort
Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty, Montgomery, Nueces,
Orange, Tarrant, Victoria, and Waller Counties shall be in compliance with
these sections as soon as practicable, but no later than December 31, 2001.
These aerospace vehicle and component surface coating processes shall continue
to comply with §115.421(a)(9) or (b)(8) of this title until these coating
processes are in compliance with §§115.421(a)(11) or (b)(10), 115.422(5),
115.425(5), and 115.426(5) of this title.
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 March 24, 2000.
TRD-200002114
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 8, 2000
For further information, please call: (512) 239-4712
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to §116.10, General Definitions; §116.110, Applicability; §116.116,
Changes to Facilities; §116.603, Public Participation in Issuance of
Standard Permits; §116.620, Installation and/or Modification of Oil and
Gas Facilities; §116.621, Municipal Solid Waste Landfills; §116.710,
Applicability; §116.715, General and Special Conditions; §116.721;
Amendments and Alterations; §116.722, Distance Limitations; §116.750,
Flexible Permit Fee; and new §116.119, De Minimis Facilities or Sources; §116.1010,
Applicability; §116.1011, Multiple Plant Permit Application; §116.1014,
Application Review Schedule; §116.1015, General and Special Conditions; §116.1020,
Modifications; §116.1021, Amendments and Alterations; §116.1040,
Multiple Plant Permit Public Notice; §116.1041, Multiple Plant Permit
Public Comment Procedures; §116.1050, Multiple Plant Permit Application
Fee; §116.1060, Multiple Plant Permit Renewal; and §116.1070, Delegation.
Sections 116.10, 116.110, 116.116, 116.603, 116.620, 116.621, 116.710, 116.715,
116.722, and 116.750 are proposed as revisions to the state implementation
plan.
BACKGROUND AND SUMMARY OF THE FACTUAL BASE FOR THE PROPOSED RULES
The 76th Legislature passed Senate Bill (SB) 766 in 1999. In general, SB
766 recategorized the new source review authorizations under the Texas Clean
Air Act (TCAA) and created the new program for the voluntary permitting of
grandfathered facilities. Prior to the revisions by SB 766, the TCAA authorized
the commission to issue permits for the construction or modification of facilities
that will emit air contaminants; standard permits adopted by rule; and exemptions
from permitting, also adopted by rule. SB 766 modified this structure by authorizing
the commission to issue standard permits using a process that does not require
each standard permit to be in a rule. SB 766 provided a new name, permits
by rule, for authorizations of certain types of facilities which would not
make a significant contribution of air contaminants to the atmosphere. Exemptions
from permitting now authorize only changes at insignificant facilities. Finally,
the commission is now authorized to develop criteria for facilities that emit
a de minimis amount of air contaminants that do not need preconstruction authorization.
Within the category of permits, SB 766 created two new permitting options:
the voluntary emission reduction permit (VERP) program for permitting of grandfathered
facilities, and the multiple plant permit (MPP). SB 766 also amended TCAA, §382.0621(d)
to require the increase of emission fees for the largest grandfathered facilities
which do not have a permit application pending on or after September 1, 2001.
The commission is implementing this legislation in two phases. The first
phase of the implementation of SB 766 was adopted by the commission on December
16, 1999. Included in the first phase were the VERP program and the new standard
permit issuance procedures.
This proposal implements the elements of SB 766 relating to MPPs and de
minimis criteria, and administrative revisions relating to exemptions from
permitting and permits by rule. This proposal also corrects several typographical
errors and incorrect references. Other elements of SB 766, including exemptions
from permitting, permits by rule, and emission fees are being addressed in
concurrent proposals for new and amended sections in 30 TAC Chapter 101 and
Chapter 106. TCAA, §382.051(b)(6) allows the commission to issue an MPP
for existing facilities at multiple locations subject to TCAA, §382.0518,
Preconstruction Permit, or §382.0519, Voluntary Emissions Reduction Permit.
TCAA, §382.05194, Multiple Plant Permit, provides for an MPP, which is
a single permit for multiple plant sites that are owned or operated by the
same person, if certain emission limits and public participation criteria
are met. TCAA, §382.05101, De Minimis Air Contaminants, allows the commission
to develop, by rule, the criteria for establishing a de minimis level of air
contaminants for facilities or groups of facilities below which a permit under
TCAA, §382.0518 or §382.0519, a standard permit under TCAA, §382.05195,
or a Permit by Rule under TCAA, §382.05196 is not required. Essentially,
the commission may establish a level of emissions of air contaminants for
certain facilities or sources below which no preconstruction authorization
is needed.
SECTION BY SECTION DISCUSSION
The proposed changes to §116.10 would modify existing definitions
to reflect the recategorized air quality preconstruction permitting structure
of the commission and to make nonsubstantive corrections. Section 116.10(2),
the definition of "Allowable emissions" would be amended to reflect the new
permits by rule, to clarify that §116.10(2)(C) pertains to "qualified"
grandfathered facilities, and to reflect the current nomenclature for standard
permit registration. Section 116.10(5), the definition of "Federally enforceable"
would be amended to include permit requirements under Subchapter C of Chapter
116 (sources of hazardous air pollutants), which was inadvertently excluded
in an earlier rulemaking. Section 116.10(9), the definition of "Modification
of existing facility" would be amended to reflect TCAA, §382.003(9) by
including reference to the new MPP.
The proposed changes to §116.110 would include references to the new
permits by rule and the new criteria for de minimis facilities or sources
as mechanisms under which construction or modification of a facility can occur
and remove the redundant reference to "an existing flexible permit" in §116.110(b).
The amendments also add the new permit by rule to the existing prohibition
on the use of Chapter 106 authorizations for construction or modification
of affected sources under Subchapter C of this chapter, Hazardous Air Pollutants:
Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g),
40 CFR Part 63).
Amendments to §116.116(c)(4) and (5) would correct an incorrect reference
to a section which no longer exists. The correct reference is to §116.111(a)(2)(C),
which discusses best available control technology. Amendments to §116.116(d)
would include the necessary references to the new permits by rule under Chapter
106, and rearranges some wording for consistency.
The proposed new §116.119 establishes the criteria under which a facility
would be considered de minimis and thus would not need a preconstruction authorization.
The commission considers de minimis to refer to very small additions to background
concentrations of air contaminants which cause no discernable or unacceptable
impact to public health and for which permitting would be an ineffective use
of commission resources. There would be four options for a facility or source
to be considered de minimis. First, the commission will maintain a list of
categories of facilities and sources that are considered de minimis. The list
will not be incorporated into the rule, but will be maintained in the commission's
Office of Permitting, Remediation, and Registration in Austin with copies
in each of the commission's regional offices and on the commission's home
page on the World Wide Web. The draft List of De Minimis Facilities or Sources
is available on the commission's web page. The commission will finalize the
list upon adoption of the rule. Once the rule is adopted and the list is finalized,
the commission will consider the criteria listed in the rule for amendment
of the list. Any person could petition the executive director to amend the
list, and the executive director would consider the following when amending
the list to ensure that facilities or sources included on the list are de
minimis: typical operating scenarios, typical design and location, types and
rates of air contaminants emitted, engineering judgement and experience, and
toxicological or health impacts. Second, facilities or sources which use no
more than prescribed amounts of the following materials at a site would be
considered de minimis: cleaning and stripping solvents, coatings, dyes, bleaches,
fragrances, and water-based surfactants or detergents. The amounts and materials
in the rule were determined by input from the commission's regional offices,
that are responsible for site inspections, and by engineering and toxicological
review, including, in some cases, air dispersion modeling compared with the
commission's effects screening levels (ESLs), which are described as follows,
using typical design, location, and emission rates of facilities or sources
using the materials. Third, de minimis facilities would also include those
that are located inside a building and meet established emission rate caps,
without the use of a control device, for individual and multiple substances.
The emission rate caps are based on ESLs compared with off-property impacts
using air dispersion modeling of a very small site. ESLs are substance-specific
guideline comparison values used to determine whether measured air concentrations
would be expected to result in adverse health or welfare effects. Finally,
an individual facility or source, or groups of facilities or sources, could
also be determined by the executive director, on a case-by-case basis, to
be de minimis considering: proximity to receptors, emission rates, engineering
judgement and experience, and determination that no adverse toxicological
effects would occur off-property. De minimis facilities or sources that are
subsequently determined by the executive director to be in violation of any
commission rule, permit, order, or statute would no longer be considered de
minimis and would be required to obtain authorization under this chapter or
under Chapter 106, Permits by Rule.
The amendment to §116.603 would also correct a reference to §39.411,
Text of Public Notice, to the correct §122.506, Public Notice for General
Operating Permits. The reference to the public notice procedures, for general
operating permits, instead of to Chapter 39, does not reduce the amount of
notice but merely clarifies the notice process to be used.
The amendments to §116.620 and §116.621 would reflect the new
permits by rule and the subsequently revised title of Chapter 106.
The amendment to §116.710 would correct an incorrect reference. The
correct reference is to §116.110(d), which discusses change in ownership.
Amendments to §§116.715, 116.721, and 116.750 would reflect the
new permits by rule and the subsequently revised title of Chapter 106.
The amendment to §116.722 would correct an incorrect reference. The
correct reference is to §116.112, which discusses distance limitations.
The proposed new §116.1010 contains conditions defining applicability
for facilities eligible to be issued an MPP. TCAA, §382.051(b)(6) allows
the commission to issue an MPP for existing facilities at multiple locations
subject to TCAA, §382.0518, Preconstruction Permit, or §382.0519,
Voluntary Emissions Reduction Permit. TCAA, §382.05194, Multiple Plant
Permit, provides for an MPP which is a single permit for multiple plant sites
that are owned or operated by the same person, if certain emission limits
and public participation criteria are met. Consequently, to be eligible for
consolidation under an MPP, the plant sites to be permitted must be owned
or operated by the same person or persons under common control.
The aggregate rate of emission of air contaminants cannot exceed the total
authorized in existing permits and the rate that would be authorized under
any VERPs. There must also be no indication that emissions from the facilities
will contravene the intent of the TCAA, including protection of the public's
health and property. The MPP may not authorize emissions from any facility
that would exceed that facility's highest historic annual rate or levels authorized
in the most recent permit. Consistent with commission practice, the highest
historic rate would be determined one of two ways: 1) using data that shows
the maximum annual emission rate at which the emission unit actually operated
and emitted prior to September 1, 1971 for 12 consecutive months, including
any increases authorized by a permit by rule; or 2) best engineering judgement
in the absence of records, i.e., using data related to emissions (e.g., production,
fuel firing, throughput, sulfur content, etc.) as appropriate, which are selected
by the applicant and agreed upon by the executive director, to reasonably
approximate the actual annual emission rate from any operational year. The
executive director will use the emission rate data to establish emission rate
limitations for each facility, the sum of which would not exceed the aggregate
rate of emissions of air contaminants allowed under the MPP. This would be
consistent with the commission's belief that the MPP would provide a flexible
mechanism for permitting grandfathered facilities at multiple sites. Applicants
would have the flexibility to over-control facilities at sites where the installation
of controls is the most cost-effective. Once the rates are established in
an MPP, permit holders would be required to amend or alter the permit, as
appropriate, to move emissions from facility to facility or site to site.
Emission control equipment may not be removed except to maintain or upgrade
existing controls or to reduce the impact of emissions. Applications for an
MPP would be submitted on a Form PI-1M, Multiple Plant Permit Application.
The proposed new §116.1011 would implement the requirement in TCAA, §382.05194(g)
that the commission establish, by rule, the procedures for application and
approval for the use of an MPP. Applications would have to include information
to demonstrate that applicable conditions of §116.711, Flexible Permit
Application, are met. This demonstration would ensure that any applicable
federal requirements are complied with and that information is available to
determine what type of monitoring or recordkeeping would be required. For
grandfathered facilities that would be included in an MPP which is applied
for prior to September 1, 2001, the applicant would be required to submit
the information required for a VERP application under §116.811, Voluntary
Emission Reduction Permit Application. For existing permitted facilities,
applicants would need to provide a copy of the relevant permit. In addition,
the commission would require information, as necessary, to verify that emissions
of air contaminants from each facility would not adversely impact the public's
health and physical property. Since the aggregate emission rate under an MPP
would be determined by the sum of existing permitted emission rates and VERP
emission rates, applications for grandfathered facilities filed after September
1, 2001 would need authorization under Subchapter B of this chapter prior
to being included in an MPP. Finally, the applicant would be required to submit
information necessary to calculate the cost of public notice under §116.1040,
Multiple Plant Permit Public Notice, in order to determine the appropriate
application fee under §116.1050, Multiple Plant Permit Application Fee.
The new §116.1014 would commit the commission to reviewing MPP applications
in accordance with §116.614, Application Review Schedule.
The new §116.1015 would allow for the inclusion of general and special
conditions in MPPs and would require permit holders to comply with those general
and special conditions, including special conditions which provide emission
limitations for each facility and which specify the aggregate rate of emissions
of air contaminants. Permit holders would also be required to comply with
any applicable conditions contained in §116.115, General and Special
Conditions.
TCAA, §382.05194 contains no provisions for modification of facilities
under a multiple plant permit, as "modification of existing facilities" is
defined in §116.10(9), General Definitions. Therefore, the new §116.1020
requires authorization under Subchapter B of this chapter before work is begun
on the construction of the modification of any facility permitted under a
multiple plant permit.
The new §116.1021 provides a mechanism to amend MPPs as necessary
to include revised general and special conditions that reflect changes that
are modifications, changes in the method of control of emissions, or changes
which will result in an increase in emissions. Permittees would submit a Form
PI-1 to request an amendment, which would be subject to the review procedures
referenced in §116.116(b), Changes to Facilities. An MPP alteration would
be allowed in lieu of amendment for those changes which do not require an
MPP amendment. Alterations which involve changes of a general or special condition,
or affect control equipment performance require prior commission approval.
For alterations due to other changes, the executive director would be notified
within ten days of the change, unless a different time frame is specified
in the MPP. Any alteration request or notification would include information
necessary to demonstrate that the change does not interfere with protection
of the public's health and physical property. Changes to a facility which
meet an authorization under Chapter 106 would not require amendment or alteration
of an MPP, as long as the aggregate emissions cap or an individual emission
limitation would not be exceeded.
To implement the requirements of TCAA, §382.05194(d), the proposed
new §116.1040 would require the commission to publish notice of a proposed
MPP in a newspaper of general circulation in the area(s) to be affected and
in the
Texas Register
. If the MPP will have
statewide effect, the notice will be published in the daily newspaper of largest
circulation in Dallas and Houston. The notice will include relevant information
required by §39.411, Text of Public Notice, and will be published at
least 30 days before the commission issues the MPP. Applicants must publish
notice of a proposed multiple plant permit amendment consistent with §116.116(b)(4),
Changes to Facilities, as multiple plant permit amendments would be reviewed
under the existing procedures for permit amendments.
TCAA, §382.05194(e) requires the commission to hold a public meeting
regarding proposed MPPs. Under the proposed new §116.1041, the commission
would hold a public meting on the proposed MPP with notice of the meeting
provided in the same notice required under §116.1040 at least 30 days
before the meeting. Consistent with TCAA, §382.05194(f), the commission
would respond to public comment received related to the issuance of the MPP
at the same time the commission issues or denies the MPP. The response would
be made available to the public and each commenter will be mailed a response.
Finally, consistent with TCAA, §382.05194(h), the proposed new section
also states that applications for an MPP, amendments to an MPP, or revocation
of an MPP which are filed before September 1, 2001 are not subject to Texas
Government Code, Chapter 2001, meaning no contested case hearing would be
allowed.
The new §116.1050 would require a fee of $450 plus the estimated public
notice cost for the permit for an application for an MPP. TCAA, §382.062(b)
allows the commission to charge and collect a fee for MPPs. This fee would
be applied toward recovering the cost of reviewing the MPP applications and
the cost of publishing notice.
The new §116.1060 would require MPPs to be renewed consistent with
Subchapter D of this chapter.
Consistent with TCAA, §382.05194(i), the new §116.1070 allows
the commission to delegate to the executive director any authority regarding
MPPs.
FISCAL NOTE
Bob Orozco, Strategic Planning and Appropriations Section, has determined
that for the first five-year period the proposed new sections and amendments
are in effect there will be no significant fiscal implications for the commission
and other units of state and local government as a result of administration
or enforcement of the proposed new sections and amendments. The proposed amendments
to Chapter 116, Control of Air Pollution By Permits For New Construction Or
Modification, would implement certain provisions of SB 766, 76th Legislature,
1999, relating to the issuance of certain permits for the emission of air
contaminants. The commission is implementing this legislation in two phases.
The first phase of the implementation of SB 766 was adopted by the commission
on December 16, 1999. Included in the first phase were the VERP program and
the new standard permit issuance procedures. These proposed amendments are
the second phase of the implementation of SB 766. Other elements of SB 766
are addressed in concurrent proposals for new and amended sections in Chapters
101 and 106.
The proposed amendments would implement elements of SB 766 relating to
the new MPPs, the new criteria for de minimis facilities/sources, the new
nomenclature for referring to permits by rule and exemptions from permitting
under Chapter 106, and administrative changes and corrections. The proposed
amendments allow the commission to issue an MPP for existing facilities at
multiple locations subject to the preconstruction permit or VERP provisions
of the TCAA. An MPP is a single permit for multiple plant sites that are owned
or operated by the same person or persons under common control, that may be
issued if certain emission limits and public participation criteria are met.
SB 766 also authorized the commission to establish a de minimis level of emissions
of air contaminants for certain facilities or sources below which no authorization
is required. A new section in Chapter 116 relating to De Minimis Air Contaminants
contains the criteria for establishing a minimum level of air contaminants
for facilities or groups of facilities below which a permit, a standard permit,
or a permit by rule under TCAA is not required.
The purpose of the proposed amendments is to provide an additional permitting
option under the MPP and to remove the need for preconstruction or other authorizations
for de minimis facilities or sources. These new sections and amendments are
intended to increase permitting options and flexibility, as well as make administrative
changes and corrections in Chapter 116. The proposed amendments do not require
additional emission controls, and the commission does not anticipate significant
additional costs for persons or businesses applying the provisions of the
proposed amendments. Owners or operators of grandfathered facilities that
do not apply for an MPP by September 1, 2001 would not be eligible to consolidate
the facility under an MPP unless the facility was permitted under a new source
review permit. However, participation in the MPP program is voluntary.
PUBLIC BENEFIT
Mr. Orozco has also determined that for each year of the first five years
the proposed new sections and amendments are in effect, the public benefit
anticipated from enforcement of and compliance with the proposed amendments
will be a potential reduction of air contaminants and an incentive for owners
or operators of grandfathered facilities to obtain a permit under the MPP
program, by September 1, 2001. Existing grandfathered facilities that are
not permitted by this date would have to obtain a new source review permit
in order to be eligible for consolidation under an MPP. The new de minimis
category could encourage reductions in air contaminants in order to qualify
for exclusion from permitting requirements.
These new sections and amendments are intended to increase permitting options
and flexibility, as well as make administrative changes and corrections. The
MPP and de minimis options are voluntary. Controls, consistent with the VERP
program, would be required for inclusion of grandfathered facilities in an
MPP. The cost of VERP controls was discussed in the Fiscal Note section of
the proposed Chapter 116 preamble during the first phase of the SB 766 implementation
(September 10, 1999 issue of the
Texas Register
(24 TexReg 78148)). The MPP is an additional option that essentially
provides for flexibility in permitting grandfathered facilities, and the commission
does not expect any significant costs for persons or businesses applying the
provisions of the proposed amendments. Owners or operators of grandfathered
facilities that do not apply for an MPP by September 1, 2001 would not be
eligible to consolidate the facility under an MPP unless the facility was
permitted under a new source review permit. However, participation in the
MPP program is voluntary.
SMALL AND MICRO-BUSINESS ANALYSES
No significant adverse effects are anticipated to small or micro-businesses
as a result of implementing these new amendments. It is estimated that from
150 to 200 small or micro-businesses in Texas have grandfathered facilities.
It is anticipated that none of these businesses are candidates for the MPP
since most small businesses only have one site. It is anticipated that some
small or micro- businesses will qualify as a de minimis facility. The proposed
new sections concerning de minimis facilities or sources will remove the need
for authorizations for these facilities, which could result in positive fiscal
implications for some small and micro-businesses.
DRAFT REGULATORY IMPACT ANALYSIS
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 does not meet the definition of a "major environmental
rule" as defined in that statute. "Major environmental rule" means a rule
the specific intent of which is to protect the environment or reduce risks
to human health from environmental exposure and that may adversely affect
in a material way the economy, 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. These amendments provide additional permitting options and remove
the need for authorizations for de minimis sources. The proposed MPP and de
minimis options in the proposed amendments are voluntary and the proposed
amendments do not authorize any new emissions that will have an adverse effect
on the environment. In addition, the proposed amendments do not impose any
additional regulatory requirements beyond those that currently exist. These
new sections and amendments do not meet the definition of "major environmental
rule" because there is no adverse material effect on 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, §2001.0225(a)
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 does not meet any of these four applicability requirements
of a "major environmental rule." Specifically, these new sections and amendments
do not exceed a standard set by state or federal law, but are proposed under
the Texas Health and Safety Code, concerning De Minimis Air Contaminants;
and Multiple Plant Permits. The proposed amendments do not exceed a requirement
of a delegation agreement and were not developed solely under the general
powers of the agency, but were specifically developed to implement the provisions
of SB 766. The commission invites public comment on the draft regulatory impact
analysis.
TAKINGS IMPACT ANALYSIS
The commission has prepared a takings impact assessment for these proposed
rules under Texas Government Code, §2007.043. The following is a summary
of that assessment. These proposed rules expand permitting and authorization
options for new and existing facilities. The proposed rules do not restrict
or limit an owner's right to property that would otherwise exist in the absence
of governmental action and therefore do not constitute a takings.
The proposed amendments concerning de minimis criteria, establish parameters
for emissions, below which, a facility or site would be considered de minimis
and thus not required to obtain preconstruction authorization. The new procedures
for obtaining multiple plant permit provide an additional option for permitting
of grandfathered facilities. The corrections to cross-references and the insertion
of the new term "permits by rule" are administrative in nature. These actions
are reasonably taken to fulfill an obligation mandated under state law.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has determined that this rulemaking relates to an action
or actions subject to the Texas Coastal Management Program (CMP) in accordance
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources
Code, §§33.201 et seq.), and the commission's rules in 30 TAC Chapter
281, Subchapter B, concerning Consistency with 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 action for consistency with the CMP
goals and policies in accordance with the regulations of the Coastal Coordination
Council. For the proposed new sections relating to de minimis, multiple plant
permits, and permits by rule, the commission has determined that the rules
are consistent with the applicable CMP goal expressed in 31 TAC §501.12(1)
of protecting and preserving the quality and values of coastal natural resource
areas, and the policy in 31 TAC §501.14(q), which requires that the commission
protect air quality in coastal areas. This action does not authorize any new
emissions. This action is consistent with Title 40 Code of Federal Regulations
because it does not authorize an emission rate in excess of that specified
by federal requirements. Interested persons may submit comments during the
public comment period on the consistency of the proposed rules with the CMP
goals and policies.
PUBLIC HEARING
The commission will hold a public hearing on this proposal in Austin at
10:00 a.m. on May 4, 2000 in Room 201A of Texas Natural Resource Conservation
Commission Building B, 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. Open
discussion will not be permitted during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearings
and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, MC 205, Office of Environmental
Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Log Number 1999- 029B-116-AI. Comments must
be received by 5:00 p.m., May 8, 2000. For further information, please contact
Beecher Cameron, Policy and Regulations Division, (512) 239-1495.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Subchapter A. DEFINITIONS
30 TAC §116.10
STATUTORY AUTHORITY
The amendment is proposed under Texas Health and Safety Code, TCAA, §382.05101,
which authorizes the commission to establish a de minimis level of air contaminants
for sources that does not require preconstruction authorization; and TCAA, §382.051
and §382.05194, which authorize the commission to issue multiple plant
permits and to adopt rules governing their issuance. The amendment is also
proposed under Texas Health and Safety Code, TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.0513,
which authorizes the commission to establish and enforce permit conditions; §382.0514,
which authorizes the commission to require sampling and monitoring; §382.0515,
which requires permit applications which demonstrate compliance with state
and federal statutes and rules; §382.0518, which requires permits to
prior to construction or modification; §382.057, which authorizes the
commission to exempt from permitting, changes within any facility which will
not make a significant contribution of air contaminants to the atmosphere; §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere; §382.061, which authorizes the commission to delegate permitting
authority to the executive director; §382.062, which authorizes the commission
to adopt, charge, and collect fees for permits; and Texas Water Code, §5.122,
which authorizes the commission to delegate uncontested matters to the executive
director.
The proposed amendment implements §382.05101, concerning De Minimis
Air Contaminants; §382.051, concerning Permitting Authority of Commission;
Rules; §382.05194, concerning Multiple Plant Permit; §382.011, concerning
General Powers and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.0513, concerning Permit Conditions; §382.0514,
concerning Sampling, Monitoring, and Certification; §382.0515, concerning
Application for Permit; §382.0518, concerning Preconstruction Permit; §382.057,
concerning Exemption; §382.05196, concerning Permits by Rule; §382.061,
concerning Delegation of Powers and Duties; §382.062, concerning Application,
Permit, and Inspection Fees; and Texas Water Code, §5.122, concerning
Delegation of Uncontested Matters to the Executive Director.
§116.10. General Definitions.
Unless specifically defined in the TCAA or in the rules of the commission,
the terms used by the commission have the meanings commonly ascribed to them
in the field of air pollution control. In addition to the terms which are
defined by the TCAA, and in §101.1 of this title (relating to Definitions),
the following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Allowable emissions - The authorized rate of emissions
of an air contaminant from a facility as determined in accordance with this
section. This rate cannot exceed any applicable state or federal emissions
limitation. This definition applies only when determining whether there has
been a net increase in allowable emissions under §116.116(e) of this
title.
(A)
Permitted facility - For a facility with a [
(B)
Facility permitted by rule
[
(C)
Qualified grandfathered
[
(D)
Standard permit facility - For a facility authorized by
standard permit, other than §116.617(2) of this title (relating to Standard
Permits for Pollution Control Projects), the allowable emissions shall be
the maximum emissions rate represented in the registration
to use
[
(E)-(F)
(No change.)
(3)-(4)
(No change.)
(5)
Federally enforceable - All limitations and conditions
which are enforceable by the EPA, including:
(A)-(C)
(No change.)
(D)
any permit requirements established under 40 CFR §52.21;
[
(E)
any permit requirements established under regulations
approved under 40 CFR Part 51, Subpart I, including permits issued under the
EPA-approved program that is incorporated into the SIP and that expressly
requires adherence to any permit issued under such program
; or
[
(F)
any permit requirements established
under Subchapter C of this chapter (relating to Hazardous Air Pollutants:
Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g),
40 CFR Part 63)).
(6)-(8)
(No change.)
(9)
Modification of existing facility - Any physical
change in, or change in the method of operation of, a facility in a manner
that increases the amount of any air contaminant emitted by the facility into
the atmosphere or that results in the emission of any air contaminant not
previously emitted. The term does not include:
(A)-(E)
(No change.)
(F)
a physical change in, or change in the method of operation
of, a facility where the change is within the scope of a flexible permit
or a multiple plant permit
; or
(G)
(No change.)
(10)-(15)
(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 March 24, 2000.
TRD-200002145
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
1.
PERMIT APPLICATION
30 TAC §116.110, 116.116, 116.119
STATUTORY AUTHORITY
The amendments and new section are proposed under Texas Health and Safety
Code, TCAA, §382.05101, which authorizes the commission to establish
a de minimis level of air contaminants for sources that does not require pre-construction
authorization; and TCAA, §382.051 and 382.05194, which authorize the
commission to issue multiple plant permits and to adopt rules governing their
issuance. The amendments and new section are also proposed under Texas Health
and Safety Code, TCAA, §382.011, which authorizes the commission to administer
the requirements of the TCAA; §382.012, which provides the commission
with the authority to develop a comprehensive plan for the state's air; §382.017,
which authorizes the commission to adopt rules consistent with the policy
and purposes of the TCAA; §382.0513, which authorizes the commission
to establish and enforce permit conditions; §382.0514, which authorizes
the commission to require sampling and monitoring; §382.0515, which requires
permit applications which demonstrate compliance with state and federal statutes
and rules; §382.0518, which requires permits to prior to construction
or modification; §382.057, which authorizes the commission to exempt
from permitting, changes within any facility which will not make a significant
contribution of air contaminants to the atmosphere; §382.05196, which
authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere §382.061, which authorizes the commission to delegate permitting
authority to the executive director; §382.062, which authorizes the commission
to adopt, charge, and collect fees for permits; and Texas Water Code, §5.122,
which authorizes the commission to delegate uncontested matters to the executive
director.
The proposed amendments and new section implement §382.05101, concerning
De Minimis Air Contaminants; §382.051, concerning Permitting Authority
of Commission; Rules; §382.05194, concerning Multiple Plant Permit; §382.011,
concerning General Powers and Duties; §382.012, concerning State Air
Control Plan; §382.017, concerning Rules; §382.0513, concerning
Permit Conditions; §382.0514, concerning Sampling, Monitoring, and Certification; §382.0515,
concerning Application for Permit; §382.0518, concerning Preconstruction
Permit; §382.057, concerning Exemption; §382.05196, concerning Permits
by Rule; §382.061, concerning Delegation of Powers and Duties; §382.062,
concerning Application, Permit, and Inspection Fees; and Texas Water Code, §5.122,
concerning Delegation of Uncontested Matters to the Executive Director.
§116.110. Applicability.
(a)
Permit to construct. Before any actual work is begun on
the facility, any person who plans to construct any new facility or to engage
in the modification of any existing facility which may emit air contaminants
into the air of this state shall either:
(1)
(No change.)
(2)
satisfy the conditions for a standard permit under
the requirements in:
(A)
(No change.)
(B)
Chapter 321, Subchapter
B
[
(C)-(D)
(No change.)
(3)
satisfy the conditions for a flexible permit
under the requirements in Subchapter G of this chapter (relating to Flexible
Permits); [
(4)
satisfy the conditions for
facilities permitted
by rule
[
(5)
satisfy the criteria
for a de minimis facility or source under §116.119 of this title (relating
to De Minimis Facilities or Sources).
(b)
Modifications to existing permitted facilities. Modifications
to existing permitted facilities may be handled through the amendment of an
existing permit [
(c)
Exclusion. Owners or operators of affected sources (as
defined in §116.15(1) of this title (relating to Section 112(g) Definitions))
subject to Subchapter C of this chapter (relating to Hazardous Air Pollutants:
Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g),
40 CFR Part 63)) are not authorized to use:
(1)
a permit by rule
[
(2)-(3)
(No change.)
(d)-(f)
(No change.)
§116.116. Changes to Facilities.
(a)-(b)
(No change.)
(c)
Permit alteration.
(1)-(3)
(No change.)
(4)
A request for permit alteration shall include information
sufficient to demonstrate that the change does not interfere with the owner
or operator's previous demonstrations of compliance with the requirements
of
§116.111(a)(2)(C)
[
(5)
Permit alterations are not subject to the requirements
of §116.111(a)(2)(C)
[
(d)
Permits by rule [
(1)
(No change.)
(2)
All [
(e)
Changes to qualified facilities.
(1)-(4)
(No change.)
(5)
As used in this subsection, the term "physical and
operational change" does not include:
(A)
(No change.)
(B)
changes to procedures regarding monitoring, determination
of emissions
,
and recordkeeping that are required by a permit.
(6)-(8)
(No change.)
(f)
(No change.)
§116.119. De Minimis Facilities or Sources.
(a)
Facilities or sources that meet the conditions of one
or more of the paragraphs of this subsection are considered by the commission
to be de minimis, which means that registration or authorization prior to
construction is not required:
(1)
categories of facilities or sources included on the list
entitled "De Minimis Facilities or Sources;"
(2)
facilities or sources at a site which, in combination,
use the following materials at no more than the rate prescribed in subparagraphs
(A)-(F) of this paragraph:
(A)
cleaning and stripping solvents, 50 gallons per year;
(B)
coatings (excluding plating materials), 100 gallons per
year;
(C)
dyes, 1,000 pounds per year;
(D)
bleaches, 1,000 gallons per year;
(E)
fragrances (excluding odorants), 250 gallons per year;
(F)
water-based surfactants/detergents, 2,500 gallons per
year;
(3)
facilities or sources located inside a building
at a site which meet the following emission rate caps based on effects screening
levels (ESLs) without the addition of control devices, as defined in §101.1
of this title (relating to Definitions).
Figure: 30 TAC §116.119(a)(3)
(4)
any individual facility, source, or group of facilities
or sources which the executive director determines to be de minimis based
upon:
(A)
proximity to receptors;
(B)
rate of emission of air contaminants;
(C)
engineering judgment and experience; and
(D)
determination that no adverse toxicological or health
effects would occur off property.
(b)
De minimis facilities or sources at a site which are subsequently
determined by the executive director to be in violation of any commission
rule, permit, order, or statute within the commission's jurisdiction, will
no longer be considered de minimis and must obtain registration or authorization
under this chapter or Chapter 106 of this title (relating to Permits by Rule).
(c)
The "List of De Minimis Facilities or Sources" will be
maintained in the commission's Office of Permitting, Remediation, and Registration
in Austin, with copies maintained in the commission's regional offices, and
on the commission's home page on the World Wide Web.
(1)
Persons may petition the executive director to amend the
"List of De Minimis Facilities or Sources" or the executive director may amend
the list as necessary.
(2)
When amending the list to add or delete categories
of facilities, sources, or groups of facilities or sources, the executive
director will consider, at a minimum, the following:
(A)
typical operating scenarios;
(B)
typical design and location;
(C)
the types and rates of air contaminants emitted;
(D)
engineering judgment and experience; and
(E)
toxicological or health impacts.
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 March 24, 2000.
TRD-200002146
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§116.603, 116.620, 116.621
STATUTORY AUTHORITY
The amendments are proposed under Texas Health and Safety Code, TCAA, §382.05101,
which authorizes the commission to establish a de minimis level of air contaminants
for sources that does not require pre-construction authorization; and TCAA, §382.051
and §382.05194, which authorize the commission to issue multiple plant
permits and to adopt rules governing their issuance. The amendments are also
proposed under Texas Health and Safety Code, TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.0513,
which authorizes the commission to establish and enforce permit conditions; §382.0514,
which authorizes the commission to require sampling and monitoring; §382.0515,
which requires permit applications which demonstrate compliance with state
and federal statutes and rules; §382.0518, which requires permits to
prior to construction or modification; §382.057, which authorizes the
commission to exempt from permitting, changes within any facility which will
not make a significant contribution of air contaminants to the atmosphere; §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere; §382.061, which authorizes the commission to delegate permitting
authority to the executive director; §382.062, which authorizes the commission
to adopt, charge, and collect fees for permits; and Texas Water Code, §5.122,
which authorizes the commission to delegate uncontested matters to the executive
director.
The proposed amendments implement §382.05101, concerning De Minimis
Air Contaminants; §382.051, concerning Permitting Authority of Commission;
Rules; §382.05194, concerning Multiple Plant Permit; §382.011, concerning
General Powers and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.0513, concerning Permit Conditions; §382.0514,
concerning Sampling, Monitoring, and Certification; §382.0515, concerning
Application for Permit; §382.0518, concerning Preconstruction Permit; §382.057,
concerning Exemption; §382.05196, concerning Permits by Rule; §382.061,
concerning Delegation of Powers and Duties; §382.062, concerning Application,
Permit, and Inspection Fees; and Texas Water Code, §5.122, concerning
Delegation of Uncontested Matters to the Executive Director.
§116.603. Public Participation in Issuance of Standard Permits.
(a)
(No change.)
(b)
The contents of a public notice of a proposed standard
permit shall be in accordance with
§122.506
[
(c)-(f)
(No change.)
§116.620. Installation and/or Modification of Oil and Gas Facilities.
(a)
Emission specifications.
(1)-(3)
(No change.)
(4)
New or modified internal combustion reciprocating
engines or gas turbines permitted under this standard permit shall satisfy
all of the requirements of §106.512 of this title (relating to Stationary
Engines and Turbines (Previously SE 6)), except that registration using the
Form PI-7 or PI-8 shall not be required. Emissions from engines or turbines
shall be limited to the amounts found in §106.4(a)(1) of this title (relating
to Requirements for
Permitting by Rule
[
(5)-(10)
(No change.)
(11)
No facility which is located less than 1/4 mile
from the nearest off-plant receptor shall be allowed to emit hydrogen sulfide
H
2
S or SO
2
process
fugitive emissions unless the equipment is inspected and repaired according
to subsection (c)(3) of this section. No facility which is located at least
1/4 mile from the nearest off-plant receptor shall be allowed to emit H
(12)-(18)
(No change.)
(b)
Control requirements.
(1)
Floating roofs or equivalent controls shall be required
on all new or modified storage tanks, other than pressurized tanks which meet §106.476
of this title (relating to Pressurized Tanks or Tanks Vented to Control (Previously
SE 83)), unless the tank is less than 25,000 gallons in nominal size or the
vapor pressure of the compound to be stored in the tank is less than 0.5 pounds
per square inch absolute (psia) at maximum short-term storage temperature.
(A)-(D)
(No change.)
(E)
Independent of the
permits by rule
[
(2)
(No change.)
(c)
Inspection requirements.
(1)
Owners or operators who are subject to subsection (a)(7)
or (8) of this section shall comply with the following requirements.
(A)-(I)
(No change.)
(J)
After completion of the required quarterly inspections
for a period of at least two years, the operator of the oil and gas facility
may request in writing to the
Office of Permitting, Remediation, and
Registration
[
(i)-(ii)
(No change.)
(2)
Owners or operators who are subject to
subsection (a)(9) or (10) of this section shall comply with the following
requirements.
(A)-(I)
(No change.)
(J)
After completion of the required quarterly inspections
for a period of at least two years, the operator of the oil and gas facility
may request in writing to the
Office of Permitting, Remediation, and
Registration
[
(i)-(ii)
(No change.)
(K)
(No change.)
(3)
(No change)
(d)-(e)
(No change.)
§116.621. Municipal Solid Waste Landfills.
A person may claim a standard permit for the construction or modification
to a municipal solid waste landfill (MSWLF) or municipal solid waste facility
(MSW facility) as defined in §101.1 of this title (relating to Definitions),
including, but not limited to, Type I, Type 1-AE, Type II, Type III, Type
IV, Type IV-AE, Type VI, and Type IX sites as defined in §330.41 of this
title (relating to Types of Municipal Solid Waste Sites).
(1)-(7)
(No change.)
(8)
The owner or operator of each MSWLF unit shall maintain
complete and up-to-date records sufficient to readily determine continuous
compliance with the requirements of this section for the previous five years
of operation. All the records shall be maintained in an operating record in
accordance with §330.113(b)(11) of this title (relating to Recordkeeping
Requirements). The records shall be available for review upon request by representatives
of the commission or any local air pollution agency having jurisdiction. The
following recordkeeping requirements shall apply, in addition to those specified
in 40 CFR 60, Subpart WWW.
(A)
Permit holders who are subject to the
permits by
rule
[
(B)
(No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State, on March 24, 2000.
TRD-200002147
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§116.710, 116.715, 116.721, 116.722, 116.750
STATUTORY AUTHORITY
The amendments are proposed under Texas Health and Safety Code, TCAA, §382.05101,
which authorizes the commission to establish a de minimis level of air contaminants
for sources that does not require pre-construction authorization; TCAA, and §382.051
and §382.05194, which authorize the commission to issue multiple plant
permits and to adopt rules governing their issuance. The amendments are also
proposed under Texas Health and Safety Code, TCAA, §382.011, which authorizes
the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.0513,
which authorizes the commission to establish and enforce permit conditions; §382.0514,
which authorizes the commission to require sampling and monitoring; §382.0515,
which requires permit applications which demonstrate compliance with state
and federal statutes and rules; §382.0518, which requires permits to
prior to construction or modification; §382.057, which authorizes the
commission to exempt from permitting, changes within any facility which will
not make a significant contribution of air contaminants to the atmosphere; §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere §382.061, which authorizes the commission to delegate permitting
authority to the executive director; §382.062, which authorizes the commission
to adopt, charge, and collect fees for permits; and Texas Water Code, §5.122,
which authorizes the commission to delegate uncontested matters to the executive
director.
The proposed amendments implement §382.05101, concerning De Minimis
Air Contaminants; §382.051, concerning Permitting Authority of Commission;
Rules; §382.05194, concerning Multiple Plant Permit; §382.011, concerning
General Powers and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.0513, concerning Permit Conditions; §382.0514,
concerning Sampling, Monitoring, and Certification; §382.0515, concerning
Application for Permit; §382.0518, concerning Preconstruction Permit; §382.057,
concerning Exemption; §382.05196, concerning Permits by Rule; §382.061,
concerning Delegation of Powers and Duties; §382.062, concerning Application,
Permit, and Inspection Fees; and Texas Water Code, §5.122, concerning
Delegation of Uncontested Matters to the Executive Director.
§116.710. Applicability.
(a)
(No change.)
(b)
Change in ownership. The new owner of a facility, group
of facilities, or account shall comply with
§116.110(d)
[
(c)-(d)
(No change.)
§116.715. General and Special Conditions.
(a)
Flexible permits may contain general and special conditions.
The holders of flexible permits shall comply with any and all such conditions.
Upon a specific finding by the executive director that an increase of a particular
air contaminant could result in a significant impact on the air environment,
or could cause the facility, group of facilities, or account to become subject
to review under §116.150 and §116.151 and §§116.160-116.163
of this title (relating to Nonattainment Review or Prevention of Significant
Deterioration Review) or Subchapter C of this chapter (relating to Hazardous
Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources
(FCAA, §112(g), 40 CFR Part 63)), the permit may include a special condition
which requires the permittee to obtain written approval from the executive
director before constructing a facility under a standard permit or
a
permit by rule
[
(b)-(d)
(No change.)
§116.721. Amendments and Alterations.
(a)-(c)
(No change.)
(d)
Permit by rule
[
(1)
Notwithstanding subsections (a) or (b) of this section,
no permit amendment or alteration is required if the changes to the permitted
facility qualify for
a permit by rule
[
(2)
(No change.)
§116.722. Distance Limitations.
No flexible permit may be issued unless the distance and location restrictions
found in
§116.112
[
§116.750. Flexible Permit Fee.
(a)-(c)
(No change.)
(d)
Return of fees. Fees must be paid at the time an application
for a flexible permit or flexible permit amendment is submitted. If the applicant
withdraws the application prior to issuance of the flexible permit or flexible
permit amendment, one-half of the fee will be refunded, except that the entire
fee will be refunded for any such application for which
a permit by rule
[
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 March 24, 2000.
TRD-200002148
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
30 TAC §§116.1010, 116.1011, 116.1014, 116.1015, 116.1020, 116.1021, 116.1040, 116.1041, 116.1050, 116.1060, 116.1070,
STATUTORY AUTHORITY
The new sections are proposed under Texas Health and Safety Code, TCAA, §382.05101,
which authorizes the commission to establish a de minimis level of air contaminants
for sources that does not require pre-construction authorization; and TCAA, §382.051
and §382.05194, which authorize the commission to issue multiple plant
permits and to adopt rules governing their issuance. The new sections are
also proposed under Texas Health and Safety Code, TCAA, §382.011, which
authorizes the commission to administer the requirements of the TCAA; §382.012,
which provides the commission with the authority to develop a comprehensive
plan for the state's air; §382.017, which authorizes the commission to
adopt rules consistent with the policy and purposes of the TCAA; §382.0513,
which authorizes the commission to establish and enforce permit conditions; §382.0514,
which authorizes the commission to require sampling and monitoring; §382.0515,
which requires permit applications which demonstrate compliance with state
and federal statutes and rules; §382.0518, which requires permits to
prior to construction or modification; §382.057, which authorizes the
commission to exempt from permitting, changes within any facility which will
not make a significant contribution of air contaminants to the atmosphere; §382.05196,
which authorizes the commission to adopt permits by rule for types of facilities
which will not make a significant contribution of air contaminants to the
atmosphere; §382.061, which authorizes the commission to delegate permitting
authority to the executive director; §382.062, which authorizes the commission
to adopt, charge, and collect fees for permits; and Texas Water Code, §5.122,
which authorizes the commission to delegate uncontested matters to the executive
director.
The proposed new sections implement §382.05101, concerning De Minimis
Air Contaminants; §382.051, concerning Permitting Authority of Commission;
Rules; §382.05194, concerning Multiple Plant Permit; §382.011, concerning
General Powers and Duties; §382.012, concerning State Air Control Plan; §382.017,
concerning Rules; §382.0513, concerning Permit Conditions; §382.0514,
concerning Sampling, Monitoring, and Certification; §382.0515, concerning
Application for Permit; §382.0518, concerning Preconstruction Permit; §382.057,
concerning Exemption; §382.05196, concerning Permits by Rule; §382.061,
concerning Delegation of Powers and Duties; §382.062, concerning Application,
Permit, and Inspection Fees; and Texas Water Code, §5.122, concerning
Delegation of Uncontested Matters to the Executive Director.
§116.1010. Applicability.
(a)
A person may obtain a multiple plant permit for existing
facilities subject to TCAA, §382.0518 or §382.0519 at multiple plant
sites that are owned or operated by the same person or persons under common
control if:
(1)
the aggregate rate of emission of air contaminants to
be authorized under the permit does not exceed the total of:
(A)
for previously permitted facilities, the rates authorized
in the existing permits; and
(B)
for existing grandfathered facilities or for facilities
authorized under Subchapter H of this chapter (relating to Voluntary Emission
Reduction Permits), the rates that would be authorized under Subchapter H
of this chapter; and
(2)
there is no indication that the emissions from
the facilities will contravene the intent of the TCAA, including protection
of the public's health and physical property.
(b)
A permit issued under this subchapter may not authorize
emissions from any facility that exceeds that facility's highest historic
annual rate or the levels authorized in the facility's most recent permit.
The highest historic annual rate would be determined by either of the following:
(1)
using data that shows the maximum annual emission rate
at which the emission unit actually operated and emitted prior to September
1, 1971 for 12 consecutive months, including any increases authorized by a
permit by rule; or
(2)
using data related to emissions (e.g., production,
fuel firing, throughput, sulfur content, etc.) as appropriate, which are selected
by the applicant and agreed upon by the executive director, to reasonably
approximate the actual annual emission rate from any operational year.
(c)
Emissions control equipment previously installed at a
facility permitted under this chapter may not be removed or disabled unless
the action is undertaken to maintain or upgrade the control equipment or to
otherwise reduce the impact of emissions authorized by the commission.
§116.1011. Multiple Plant Permit Application.
(a)
An application for a multiple plant permit must include
a completed Form PI-1M Multiple Plant Permit Application. The Form PI-1M must
be signed by an authorized representative of the applicant. The Form PI-1M
specifies additional support information which must be provided before the
application is deemed complete. In order to be granted a multiple plant permit,
the owner or operator of the existing facilities shall submit the following
information to the commission:
(1)
information to demonstrate compliance with applicable
conditions of §116.711 of this title (relating to Flexible Permit Application;
(2)
for grandfathered facilities, as defined in §116.10(6)
of this title (relating to General Definitions) for which a multiple plant
permit application is filed prior to September 1, 2001, the information required
by §116.811 of this title (relating to Voluntary Emission Reduction Permit
Application);
(3)
for permitted facilities, the relevant permit;
(4)
relevant information, indicating that the emissions
from the facilities will not contravene the intent of the TCAA, including
protection of the public's health and physical property; and
(5)
information necessary to calculate the cost of public
notice under §116.1040 of this title (relating to Multiple Plant Permit
Public Notice).
(b)
Grandfathered facilities which do not apply prior to September
1, 2001 must first obtain a permit under Subchapter B of this chapter (relating
to New Source Review Permits) before they are eligible to be included in a
multiple plant permit.
§116.1014. Application Review Schedule.
The multiple plant permit application will be reviewed by the commission
in accordance with §116.614 of this title (relating to Application Review
Schedule).
§116.1015. General and Special Conditions.
(a)
Multiple plant permits may contain general and special
conditions, including special conditions which provide emission limitation
for each facility and which specify the aggregate rate of emissions of air
contaminants. The holders of a multiple plant permit shall comply with any
and all such conditions.
(b)
Holders of multiple plant permits shall comply with §116.115
of this title (relating to General and Special Conditions), as applicable.
§116.1020. Modifications.
The owner or operator planning the modification of a facility permitted
under a multiple plant permit must comply with Subchapter B of this chapter
(relating to New Source Review Permits) before work is begun on the construction
of the modification.
§116.1021. Amendments and Alterations.
(a)
Multiple plant permit amendments. All representations
in an application for a multiple plant permit, as well as any general and
special conditions contained in the permit, become conditions upon which the
subsequent multiple plant permit is issued. It shall be unlawful for any person
to vary from such representation or condition if the change is a modification,
a change in the method of control of emissions, or will result in an increase
in emissions, unless application is made to the commission to amend the multiple
plant permit in that regard and such amendment is approved by the commission.
Applications to amend a multiple plant permit shall be submitted with a completed
Form PI-1 and are subject to the requirements of §116.116(b) of this
title (relating to Changes to Facilities).
(b)
Multiple plant permit alterations.
(1)
A multiple plant permit alteration is for any variation
from a representation in a multiple plant permit application or a general
or special condition of a multiple plant permit that does not require a multiple
plant permit amendment.
(2)
All multiple plant permit alterations which may involve
a change in a general or special condition contained in the permit, or affect
control equipment performance must receive prior approval by the executive
director. The executive director shall be notified in writing of all other
multiple plant permit alterations within ten days of implementing the change,
unless the permit provides for a different method of notification. Any multiple
plant permit alteration request or notification shall include information
sufficient to demonstrate that the change does not interfere with the owner
or operator's previous demonstrations of compliance with the requirements
of §116.1011 of this title, including the protection of public health
and welfare. The appropriate commission regional office and any local air
pollution program having jurisdiction shall be provided copies of all multiple
plant permit alteration documents.
(c)
Permit by rule under Chapter 106 of this title (relating
to Permits by Rule) in lieu of permit amendment or alteration.
(1)
Notwithstanding subsections (a) or (b) of this section,
no permit amendment or alteration is required if the changes to the permitted
facility qualify for a permit by rule under Chapter 106 of this title unless
prohibited by permit provision as provided in §116.1015 of this title
(relating to General and Special Conditions). All such changes to a permitted
facility authorized by Chapter 106 of this title, shall be incorporated into
that facility's permit at such time as the permit is amended or renewed.
(2)
Emission increases authorized by Chapter 106 of this
title, at an existing facility covered by a multiple plant permit shall not
cause an exceedance of the aggregate emissions cap or individual emission
limitation.
§116.1040. Multiple Plant Permit Public Notice.
The commission will publish notice of a proposed multiple plant permit
in the
Texas Register
and in a newspaper of
general circulation in the area to be affected. If the multiple plant permit
will affect the entire state, the commission will publish notice in
§116.1041. Multiple Plant Permit Public Comment Procedures.
(a)
The commission will hold a public meeting to provide an
additional opportunity for public comment. The commission will give notice
of a public meeting under this section as part of the notice described in §116.1040
of this title (relating to Multiple Plant Permit Public Notice) not later
than the 30th day before the date of the meeting.
(b)
If the commission receives public comment related to the
issuance of a multiple plant permit for existing facilities, the commission
will issue a written response to the comments at the same time the commission
issues or denies the permit. The response will be made available to the public,
and the commission will mail the response to each person who made a comment.
(c)
Applications for multiple plant permit issuance, amendment,
or revocation which are filed before September 1, 2001, are not subject to
Texas Government Code, Chapter 2001.
§116.1050. Multiple Plant Permit Application Fee.
Any person who applies for a multiple plant permit shall remit, at
the time of application for such permit, a fee of $450 plus the estimated
public notice cost for the permit consistent with the public notice requirements
in §116.1040 of this title (relating to Multiple Plant Permit Public
Notice).
(1)
Fees will not be charged for multiple plant permit alterations,
changes of ownership, or changes of location of permitted facilities.
(2)
Fees must be paid at the time an application for
a permit is submitted. If the applicant withdraws the application for the
permit prior to initiation of the public notice process by the commission,
the estimated cost of public notice will be refunded to the applicant. No
fees will be refunded after a deficient application has been voided or after
initiation of the public notice process by the commission.
§116.1060. Multiple Plant Permit Renewal.
Multiple plant permits shall be renewed in accordance with Subchapter
D of this chapter (relating to Permit Renewals).
§116.1070. Delegation.
The commission may delegate to the executive director any authority
in this subchapter.
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 March 24, 2000.
TRD-200002149
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 2, 2000
For further information, please call: (512) 239-1966
Subchapter M. WASTE TREATMENT INSPECTION FEE PROGRAM
(3)
]
of this section, including, but not limited to, those emissions from point
and fugitive sources during normal operations with the exception of (for applicability
purposes only) hydrogen, oxygen, carbon dioxide, water, nitrogen, methane,
and ethane, are used to determine applicability of this section. In accordance
with rules
promulgated
[
proposed
] by
EPA
[
the United States Environmental Protection Agency (EPA)
] at 40
Code of Federal Regulations (CFR) 70, concerning the use of fugitive emissions
in major source determinations, fugitive emissions shall be considered toward
applicability of this section only for those source categories listed at 40
CFR 51.166(b)(1)(iii). For purposes of this section, an affected account shall
have met one or more of the following conditions:
TNRCC
] and sent
to the TNRCC address printed on the fee return form. A completed fee return
form shall accompany fees remitted. The fee return form shall include, at
least, the company name, mailing address, site name,
air emissions inventory
[
OAQ
] account number, Standard Industrial Classification
(SIC) category, the allowable levels and/or actual emissions of all regulated
air pollutants at the account for the reporting period, and the name and telephone
number of the person to contact in case questions arise regarding the fee
payment.
(2)
] The emissions tonnage
for the account for fee calculation purposes will be the sum of those allowable
levels and/or actual emissions for individual emission points or process units
at the account rounded up to the nearest whole number, as follows.
OAQ
].
All measurements, monitored values, or testing must have been performed during
the basis year as defined in subsection (c)(1) of this section or if not performed
during the basis year, must be representative of the basis year as defined
in subsection (c)(1) of this section. Actual emission rates may be based upon
calculations for fugitive sources, flares, and storage tanks. Actual production,
throughput, and measurement records must be submitted, along with complete
documentation of calculation methods. Thorough justification is required for
all assumptions made and factors used in such calculations. If the actual
emissions rate submitted for fee purposes is less than 60% of the allowable
emission rate, an explanation of the discrepancy must be submitted. Where
inadequate or incomplete documentation is submitted, the executive director
may direct that the fee be based on allowable levels. Where a complete and
verifiable inventory is not submitted, allowable levels shall be used.
(3)
] For purposes of this
section, the term "regulated pollutant" shall include any
VOC
[
volatile organic compound
], any pollutant subject to the FCAA, §111,
any pollutant listed as a hazardous air pollutant under the FCAA, §112,
each pollutant for which a national primary ambient air quality standard has
been promulgated (including carbon monoxide), and any other air pollutant
subject to requirements under commission rules, regulations, permits, orders
of the commission, or court orders. The term "normal operations" shall mean
all operations other than those documented under §101.6 of this title
(relating to Upset Reporting and Recordkeeping Requirements) or §101.7
of this title (relating to Maintenance, Start-up and Shutdown Reporting, Recordkeeping,
and Operational Requirements).
Subchapter H. EMISSIONS BANKING AND TRADING
pound
] per MMBtu.
Chapter 106.
PERMITS BY RULE
and
] pursuant to the Texas Health and Safety Code, the Texas Clean
Air Act (TCAA), §382.057
and §382.05196
[
are exempt
from the permit requirements of the TCAA, §382.0518
].
exemption
].
Exemptions from Permitting ].
an exemption
], the following general requirements must be met.
exemption
] from the [
proposed
] facility
shall not exceed 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen
oxides (NO
x
); or 25 tpy of volatile organic
compounds (VOC) or sulfur dioxide (SO
2
) or inhalable
particulate matter (PM
10
); or 25 tpy of any other
air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen,
and oxygen.
an exemption
] under this
chapter. Persons claiming
a permit by rule
[
an exemption
] under this chapter should see the requirements of §116.150 of
this title (relating to New Major Source or Major Modification in Ozone Nonattainment
Areas) to ensure that any applicable netting requirements have been satisfied.
an exemption
]
under this chapter.
exempted facilities
] at an account shall not exceed
250 tpy of CO or NO
x
; or 25 tpy of VOC or SO
exemption
] in this chapter must meet the revised requirements to qualify for
a permit by rule
[
an exemption
].
proposed
] facility shall comply with
all applicable provisions of the FCAA, §111 (Federal New Source Performance
Standards) and §112 (Hazardous Air Pollutants), and the new source review
requirements of the FCAA, Part C and Part D and regulations promulgated thereunder.
Texas Natural Resource Conservation Commission
] account
number that contain a condition or conditions precluding the use of
permit by rule
[
standard exemption or an exemption
] under
this chapter.
exempted
by
] this chapter are not exempted from any permits or registrations
required by local air pollution control agencies. Any such requirements must
be in accordance with TCAA, §382.113 and any other applicable law.
exempted
] under this chapter in order to establish enforceable allowable emission
rates which are below the emission limitations in §106.4 of this title
(relating to Requirements for
Permitting by Rule
[
Exemption
from Permitting
]).
exempt facility
] shall be constructed and operated.
Texas Natural Resource Conservation Commission
] or any
air pollution control agency having jurisdiction. If the plant site is unmanned,
the regional manager may authorize an alternative site to maintain this documentation.
Copies of the certified registration shall be included in applications for
permits subject to review under the
divisions
[
undesignated
heads
] in Chapter 116, Subchapter B of this title (relating to New Source
Review Permits).
Permits by Rule
].
Exemptions from permitting in
this chapter are also permits by rule
].
Subchapter C. DOMESTIC AND COMFORT HEATING AND COOLING (Previously SE 1) ].
exempt
].
(Previously SE 3) ].
exempts
] combustion
units designed and used exclusively for comfort heating purposes employing
liquid petroleum gas, natural gas, solid wood, or distillate fuel oil. Distillate
fuel oil includes diesel fuel, kerosene, and heating oil Grades 4 and lighter.
Distillate fuel oil does not include heavier residual oils such as Grades
5 and 6 fuel oil. Combustion of bark chips, sawdust, wood chips, treated wood,
or wood contaminated with chemicals is not included. Used oil that has not
been mixed with hazardous waste may be used as fuel in space heaters provided
that:
(Previously SE 4) ].
exempt
].
Subchapter D. ANALYSIS AND TESTING (Previously SE 12) ].
exempt
].
(Previously SE 34) ].
exempt
].
(Previously SE 49) ].
exempt
].
(Previously SE 76) ].
exempt
], provided the following conditions of this section are met.
Subchapter E. AGGREGATE AND PAVEMENT (Previously SE 25) ].
exempt
].
(Previously SE 73) ].
exempt
]:
(Previously SE 77) ].
exempt
]. All permanent in-plant roads
shall be paved and cleaned as necessary or watered as necessary to achieve
maximum control of dust emissions.
(Previously SE 91) ].
exempt
].
Air Quality
] in Austin using Form PI-7.
(Previously SE 92) ].
exempt
].
Air Quality
] in Austin a completed Form PI-7
and supporting documentation demonstrating that all of the requirements of
the
permit by rule
[
exemption
] will be met.
(Previously SE 94) ].
exempt
].
Air Quality
] in Austin using Form PI-7.
(Previously SE 99) ].
exempt
].
Air Quality
] in Austin using Form PI-7,
including a current Table 22.
(Previously SE 112) ].
exempt
], provided
the following conditions of this section are met.
(Previously SE 114) ].
exempt
], provided that the
following conditions of this section are satisfied:
(Previously SE 122) ].
exempt
]:
Air Quality
] in Austin using Form PI-7.
Subchapter F. ANIMAL CONFINEMENT (Previously SE 62) ].
exempt
].
Air Quality
] using Form PI-7.
(Previously SE 63) ].
exempt
], provided the following conditions of this section are
satisfied.
Air Quality
] in Austin using Form PI-7.
(Previously SE 72) ].
exempt
].
Incineration units are not authorized under this section.
Subchapter G. COMBUSTION
exempt
]
provided that all the conditions of this section are met.
(Previously SE 33) ].
exempt
] where the conditions of this section are
met:
(Previously SE 7) ].
exempt
], provided that the following
conditions are met.
Subchapter H. CONCRETE BATCH PLANTS (Previously SE 71) ].
exempt
]. For purposes of this section, a temporarily located concrete
facility is one that occupies a designated site for not more than 180 consecutive
days or supplies concrete for a single public works project or for the same
contractor for related project segments, but not other unrelated projects.
Air Quality
] in Austin using Form PI-7,
including a current Table 20.
(Previously SE 93) ].
exempt
]. For purposes
of this section, a temporarily located concrete facility is one that occupies
a designated site for not more than 180 consecutive days or supplies concrete
for a single public works project or for the same contractor for related project
segments, but not other unrelated projects.
Air Quality
] in Austin using Form PI-7,
including a current Table 20. The current Table 20 shall be on file at each
plant site.
(Previously SE 117) ].
exempt
].
Air Quality
] in Austin using Form PI-7,
including a current Table 20.
Subchapter I. MANUFACTURING (Previously SE 10) ].
exempt
] except
where halogenated carbon compounds or hydrocarbon solvents are used as foaming
agents. Presses used for extruding scrap materials or reclaiming scrap materials
are not
permitted by rule
[
exempt
].
(Previously SE 120) ].
exempt
].
Air Quality
] in Austin and the facility shall be registered with that office using
Form PI-7.
(Previously SE 123) ].
exempt
], provided that
the following conditions of this section are satisfied.
exemption
] will not include
composite aerospace equipment and parts manufacturing plants. Composite plants
are defined to be plants whose products are less than 50% metal, by weight,
based on annual production figures. This definition excludes those operations
specifically authorized by other
permits by rule
[
exemptions
]. For example, a boiler would not be considered a part of the aerospace
manufacturing plant, but could be authorized under §106.181 of this title
(relating to Boilers, Heaters, and Other Combustion Devices), if all pertinent
requirements were met.
Air Quality
] in Austin using
a completed Form PI-7. The emission data provided in the PI-7 shall include
all process emission sources at the plant, both existing and proposed, and
shall be the maximum allowed emissions for permitted units, the actual emissions
for existing grandfathered [
or exempted
] units
or units permitted
by rule
, and the projected maximum allowable emissions for proposed
units. Emissions shall be speciated by chemical compound and the stack parameters,
as appropriate, for each emission source shall be provided. Registration shall
include a description of the project, calculations, and data identifying specific
chemical names, "L" values, "D" values, and a description of pollution control
equipment, if any.
(Previously SE 115) ].
exempt
] provided the following conditions of this
section are satisfied.
(Previously SE 125) ].
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
permitted
by rule
[
exempt
] under this section.
(Previously SE 39) ].
exempt
].
(Previously SE 30) ].
exempt
].
(Previously SE 15) ].
exempt
].
exempt from obtaining an air quality permit
].
Subchapter J. FOOD PREPARATION AND PROCESSING (Previously SE 109) ].
exempt
]. In addition, areas used to hold animals or poultry for
slaughter shall be kept dry and clean to control odors.
(Previously SE 20) ].
exempt
].
(Previously SE 29) ].
exempt
].
(Previously SE 32) ].
exempt
].
(Previously SE 98) ].
exempt
]. Drying of spent (distillers)
grain and water stillage is not authorized under this section.
Subchapter K. GENERAL (Previously SE 106) ].
exempt
] provided that all of the following
conditions of this section are satisfied.
exemption
] in the previous
calendar year. This annual notification shall include a description of the
project, calculations, data identifying specific chemical names, limit values,
and a description of pollution control equipment, if any.
(9)
This exemption is effective
January 1, 1999. The registration requirements in paragraphs (7) and (8) of
this section begin January 1, 1999. Registration under paragraph (8)(B) of
this section is due beginning March 31, 2000, for exemptions claimed in calendar
year 1999.
]
(Previously SE 118) ].
exempt
] provided that all of the following
conditions of this section are satisfied.
(Previously SE 70) ].
exempt
].
(Previously SE 111) ].
exempt
] provided that the following conditions of this
section are satisfied:
(Previously SE 40) ].
exempt
].
(Previously SE 59) ].
exempt
].
Subchapter L. FEED, FIBER, AND FERTILIZER (Previously SE 64) ].
exempt
].
(Previously SE 119) ].
exempt
].
(Previously SE 74) ].
exempt
].
2.
FIBER (Previously SE 69) ].
exempt
].
3.
FERTILIZER (Previously SE 85) ].
exempt
].
(Previously SE 108) ].
exempt
].
Air Quality
] in Austin using Form PI-7.
Subchapter M. METALLURGY (Previously SE 17) ].
exempt
].
(Previously SE 18) ].
exempt
].
(Previously SE 22) ].
exempt
].
(Previously SE 23) ].
exempt
].
(Previously SE 24) ].
exempt
].
(Previously SE 35) ].
exempt
].
(Previously SE 36) ].
exempt
].
(Previously SE 37) ].
exempt
].
(Previously SE 44) ].
exempt
].
(Previously SE 57) ].
exempt
].
(Previously SE 58) ].
exempt
].
(Previously SE 96) ].
exempt
].
Air Quality
] in Austin using Form PI-7.
Subchapter N. MIXERS, BLENDERS, AND PACKAGING (Previously SE 47) ].
exempt
].
Coating (Previously SE 81)
].
exempt
], provided all the following conditions of this section
are satisfied:
(Previously SE 28) ].
exempt
].
Subchapter O. OIL AND GAS (Previously SE 65) ].
exempt
], provided that the following conditions
of this section are met.
exemption
]
shall be submitted to the commission's Office of
Permitting, Remediation,
and Registration
[
Air Quality
] in Austin using Form PI-7,
unless one of the following exceptions applies:
(Previously SE 66) ].
exempt
], provided that the following conditions
of this section are met. This section applies only to those facilities named
which handle gases and liquids associated with the production, conditioning,
processing, and pipeline transfer of fluids found in geologic formations beneath
the earth's surface.
Air Quality
] in Austin using Form PI-7
along with supporting documentation that all requirements of this section
will be met. For facilities constructed under §106.353 of this title
(relating to Temporary Oil and Gas Facilities (Previously SE 67)), the registration
is required before operation under this section can begin. If the facilities
cannot meet this section, a permit under Chapter 116 of this title (relating
to Control of Air Pollution by Permits for New Construction or Modification)
is required prior to continuing operation of the facilities.
(Previously SE 67) ].
exempt
], provided that all the following conditions of this section
are satisfied.
(Previously SE 79) ].
exempt
] provided that the following conditions of this section
are satisfied:
(Previously SE 100) ].
exempt
] provided that
operations are conducted according to the following conditions of this section:
Subchapter P. PLANT OPERATIONS (Previously SE 8) ].
exempt
].
(Previously SE 101) ].
exempt
]. Industrial
gases, for purposes of this section, include only oxygen, nitrogen, helium,
neon, argon, krypton, and xenon.
(Previously SE 103) ].
exempt
]:
Air Quality
] in Austin using Form PI-7; and
(Previously SE 121) ].
exempt
], provided the following conditions
of this section are met:
(Previously SE 41) ].
exempt
], providing the conditions of this section are met.
exempt
].
This
permit by rule
[
exemption
] may not be used at any
site where other chrome plating or chromic acid anodizing operations are conducted.
Subchapter Q. PLASTICS AND RUBBER (Previously SE 11) ].
exempt
].
(Previously SE 113) ].
exempt
], provided that the following conditions of
this section are satisfied for paragraph (1) and either paragraph (2) or (3)
of this section.
(Previously SE 27) ].
exempt
],
provided that no visible emissions occur and all the conditions of this section
are met:
(Previously SE 45) ].
exempt
].
(Previously SE 46) ].
exempt
], provided the following conditions
of this section are satisfied. Mixers, blenders, roll mills, or calenders
handling or adding asbestos shall not be eligible
to be permitted by
rule
[
for exemption
] under this section.
(Previously SE 48) ].
exempt
], provided that before construction begins, the facility is registered
with Form PI-7 and information regarding process rate and type of material
emitted is submitted.
Subchapter R. SERVICE INDUSTRIES (Previously SE 9) ].
exempt
].
(Previously SE 14) ].
exempt
].
(Previously SE 19) ].
exempt
].
(Previously SE 26) ].
exempt
].
(Previously SE 43) ].
exempt
].
(Previously SE 95) ].
exempt
], provided that the facility
operates according to the following conditions of this section.
Air Quality
] in Austin using Form PI-7.
(Previously SE 89) ].
exempt
]
provided that the following conditions of this section are satisfied.
(Previously SE 13) ].
exempt
], provided that all the following conditions of this section
are satisfied.
exemptions from permitting
].
exempted
] printing operations
permitted
by rule
at the site must register with the commission using Form PI-7.
(Previously SE 38) ].
exempt
].
Subchapter S. SURFACE COATING (Previously SE 16) ].
exempt
].
(Previously SE 50) ].
exempt
].
(Previously SE 75) ].
exempt
].
(Previously SE 104) ].
exempt
].
(Previously SE 116) ].
exemption from permitting
] if all of the following
conditions of this section are met.
(Previously SE 124) ].
exempt
], provided that all the following
conditions of this section are met.
Air Quality
] in Austin using Form PI-7-124.
Waste Management
] registration or identification numbers
for each waste generator.
exemption
] are effective as to facilities
in existence prior to the adoption of this section.
Subchapter T. SURFACE PREPARATION (Previously SE 31) ].
exempt
].
(Previously SE 102) ].
exempt
]:
Air Quality
] in Austin using Form PI-7; and
(Previously SE 42) ].
exempt
], provided no
volatile organic materials are used in the process and no oil or solid fuel
is burned.
(Previously SE 107) ].
exempt
].
exempted
] by the
conditions of this section.
Air Quality
] in Austin using
Form PI-7 and a Degreasing Unit Checklist;
Subchapter U. TANKS, STORAGE, AND LOADING (Previously SE 21) ].
exempt
].
(Previously SE 51) ].
exempt
],
provided that no visible emissions result and the chemicals loaded, unloaded,
or stored are limited to:
(Previously SE 53) ].
exempt
],
provided that all of the following conditions of this section are met.
exempt
] under this section.
(Previously SE 78) ].
exempt
]. If an acid more concentrated
than 20% by weight is stored, the tank vent must be controlled to reduce emissions
by at least 99%.
(Previously SE 82) ].
exempt
], provided that
the vessel vent is directed to an incinerator, boiler, or other firebox having
a stationary flue or a waste gas flare system that will operate with no visible
emissions except as provided by Chapter 101 of this title (relating to General
Air Quality
Rules) for periods of maintenance or operational upset.
However, vessels not exceeding 100 barrels capacity and storing only liquid
petroleum gas may have the safety relief valve vent directly to the atmosphere.
Also, any tank having a capacity not to exceed 1,000 gallons and storing only
commercial odorants used to odorize petroleum gases may have the safety relief
valve vent directly to the atmosphere.
(Previously SE 83) ].
exempt
], provided that the tank or container pressure
is sufficient at all times to prevent vapor or gas loss to the atmosphere
or the tank or container is equipped with a relief valve which directs all
vapors or gases to an incinerator, boiler, or other firebox having a stationary
flue or a waste gas smokeless flare system. The vapors or gases and any necessary
fuel gas shall be mixed thoroughly upstream of the heater burner(s) or the
flare tip such that the mixed gases have a minimum net or lower heating value
of 200 British thermal units per cubic foot. The flare also shall meet the
other requirements of §106.492 of this title (relating to Flares (Previously
SE 80)).
(Previously SE 84) ].
exempt
].
Air Quality
] in Austin a completed Form PI-7 and supporting
documentation demonstrating that all of the requirements of this section will
be met.
(Previously SE 86) ].
exempt
], provided that all of the following conditions of this section are
met:
Air Quality
] in Austin using
Form PI-7. The registration shall include a list of all tanks, calculated
emissions for each carbon compound in tons per year for each tank, and a Table
7 of Form PI-2 for each different tank design.
Subchapter V. THERMAL CONTROL DEVICES (Previously SE 2) ].
exempt
]. Incinerators used in the processing or recovery of materials
or to dispose of pathological waste as defined in §106.494 of this title
(relating to Pathological Waste Incinerators (Previously SE 90)), hospital
waste, and/or infectious waste are not authorized by this section.
Air Quality
] in Austin using Form PI-7.
(Previously SE 80) ].
exempt
]:
Air Quality
] in Austin using Form PI-7 prior to construction
of a new flare or prior to the use of an existing flare for the new service.
(Previously SE 88) ].
exempt
], provided the following conditions of this section are satisfied.
Air Quality
] in Austin using Form PI-7.
(Previously SE 90) ].
exemption
]. Crematories and non-commercial incinerators used to dispose of pathological
waste and carcasses which meet the following conditions of this section are
permitted by rule
[
exempt
]. Incinerators used in the recovery
of materials are not covered by this section.
(Previously SE 87) ].
exempt
], provided the following conditions of this
section are satisfied.
Air Quality
] in Austin using Form PI-7.
(Previously SE 97) ].
exempt
].
Air Quality
] in Austin using
Form PI-7.
Subchapter W. TURBINES AND ENGINES (Previously SE 5) ].
exempt
], provided
that the maximum annual operating hours shall not exceed 10% of the normal
annual operating schedule of the primary equipment; and all electric motors.
For purposes of this section, "standby" means to be used as a "substitute
for" and not "in addition to" other equipment.
(Previously SE 6) ].
exempt
].
Air Quality
] in Austin within ten days
after construction begins. Engines and turbines rated less than 240 horsepower
(hp) need not be registered, but must meet paragraphs (5) and (6) of this
section, relating to fuel and protection of air quality. Engine hp rating
shall be based on the engine manufacturer's maximum continuous load rating
at the lesser of the engine or driven equipment's maximum published continuous
speed. A rich-burn engine is a gas-fired spark-ignited engine that is operated
with an exhaust oxygen content less than 4.0% by volume. A lean-burn engine
is a gas-fired spark-ignited engine that is operated with an exhaust oxygen
content of 4.0% by volume, or greater.
Subchapter X. WASTE PROCESSES AND REMEDIATION (Previously SE 60) ].
exempt
].
(Previously SE 61) ].
exempt
], provided the following conditions of this section are
met.
exempted by
] this section:
(Previously SE 68) ].
exempt
], provided all the following conditions of
this section are satisfied.
Air Quality
] in Austin using Form PI-7.
The registration shall contain specific information concerning the basis (measured
or calculated) for the expected emissions from the facility. The registration
shall also explain details as to why the emission control system can be expected
to perform as represented.
(Previously SE 110) ].
exempt
].
Chapter 115.
CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS
or maximum production
] and 8760 hr/yr)
before add-on control. Care should be taken to make enforceable any regulations
specified on an 'actual' emissions basis."
(1)
] Coating--A material applied
onto or impregnated into a substrate for protective, decorative, or functional
purposes. Such materials include, but are not limited to, paints, varnishes,
sealants, adhesives, thinners, diluents, inks, maskants, and temporary protective
coatings.
(2)
] Coating application system--Devices
or equipment designed for the purpose of applying a coating material to a
surface. The devices may include, but are not be limited to, brushes, sprayers,
flow coaters, dip tanks, rollers, knife coaters, and extrusion coaters.
(3)
] Coating line--An operation
consisting of a series of one or more coating application systems and including
associated flashoff area(s), drying area(s), and oven(s) wherein a surface
coating is applied, dried, or cured.
(4)
] Coating solids (or solids)--The
part of a coating that remains after the coating is dried or cured.
(5)
] High-volume low-pressure
[
(HVLP)
] spray guns--Equipment used to apply coatings by means
of a spray gun which operates between 0.1 and 10.0 pounds per square inch
gauge air pressure
at the air cap
.
(6)
] Normally closed container--A
container that is closed unless an operator is actively engaged in activities
such as adding or removing material.
(7)
] Pounds of
VOC
[
volatile organic compounds (VOC)
] per gallon of coating (minus
water and exempt solvents)--Basis for emission limits for surface coating
processes. Can be calculated by the following equation:
(7)
]
(8)
] Pounds of VOC per gallon
of solids--Basis for emission limits for surface coating process. Can be calculated
by the following equation:
(8)
]
(9)
] Surface coating processes--Operations
which utilize a coating application system.
(10)
] Transfer efficiency--The
amount of coating solids deposited onto the surface of a part or product divided
by the total amount of coating solids delivered to the coating application
system.
(3)
] Can coating--The
coating of cans for beverages (including beer), edible products (including
meats, fruit, vegetables, and others), tennis balls, motor oil, paints, and
other mass- produced cans.
(4)
] Coil coating--The coating
of any flat metal sheet or strip supplied in rolls or coils.
(5)
] Fabric coating--The application
of coatings to fabric, which includes rubber application (rainwear, tents,
and industrial products such as gaskets and diaphragms).
(6)
] Factory surface coating
of flat wood paneling--Coating of flat wood paneling products, including hardboard,
hardwood plywood, particle board, printed interior paneling, and tile board.
(7)
] Large appliance coating--The
coating of doors, cases, lids, panels, and interior support parts of residential
and commercial washers, dryers, ranges, refrigerators, freezers, water heaters,
dishwashers, trash compactors, air conditioners, and other large appliances.
(8)
] Metal furniture coating--The
coating of metal furniture (tables, chairs, wastebaskets, beds, desks, lockers,
benches, shelves, file cabinets, lamps, and other metal furniture products)
or the coating of any metal part which will be a part of a nonmetal furniture
product.
(9)
] Mirror backing coating--The
application of coatings to the silvered surface of a mirror.
(10)
] Miscellaneous metal parts
and products coating
(MMPP)
.
Miscellaneous metal parts and products
] coating--The coating of
MMPP
[
miscellaneous metal
parts and products
] in the following categories
at original equipment
manufacturing operations; designated on-site maintenance shops which recoat
used parts and products; and off-site job shops which coat new parts and products
or which recoat used parts and products
:
except
those surface coating processes specified in paragraphs (2)-(9) and (11)-(15)
of this subsection,
] including, but not limited to, those which are
included in the Standard Industrial Classification Code major group 33 (primary
metal industries), major group 34 (fabricated metal products), major group
35 (nonelectrical machinery), major group 36 (electrical machinery), major
group 37 (transportation equipment), major group 38 (miscellaneous instruments),
and major group 39 (miscellaneous manufacturing industries).
Excluded
are those surface coating processes specified in paragraphs (1)-(8) and (10)-(14)
of this subsection.
(11)
] Paper coating--The
coating of paper and pressure-sensitive tapes (regardless of substrate and
including paper, fabric, and plastic film) and related web coating processes
on plastic film (including typewriter ribbons, photographic film, and magnetic
tape) and metal foil (including decorative, gift wrap, and packaging).
(12)
] Marine coatings.
United States Environmental Protection Agency
] as a pesticide under
the Federal Insecticide, Fungicide, and Rodenticide Act.
(relating to Emission
Specifications)
].
U.S.
] Coast Guard
vessels that are subject to specific chemical, biological, and radiological
washdown requirements.
U.S.
] military vessels
pursuant to a coating specification that requires the coating to meet specified
fire retardant and low toxicity requirements, in addition to the other applicable
military physical and performance requirements.
(13)
] Vehicle coating.
(13)
](B)(i)
[(13)]
(B)(vii)
(viii)
] Wipe-down solutions--Any
solution used for cleaning and surface preparation.
(14)
] Vinyl coating--The
use of printing or any decorative or protective topcoat applied over vinyl
sheets or vinyl-coated fabric.
(15)
] Wood parts and products
coating.
those in paragraph (11) of
this subsection which are based on the VOC content of architectural coatings
sold or offered for sale,
] and those in paragraph (14) of this subsection
which, if using an averaging approach, must use one of the daily averaging
equations within that paragraph.
The owner or operator of a surface coating
operation subject to paragraph (11) of the subsection may choose to comply
by using the monthly weighted average option as defined in §115.420 (b)(1)(XX)
of this title (relating to Surface Coating Definitions.
[
For the
purposes of this division (relating to Surface Coating Processes), daily weighted
average means the total weight of VOC emissions from all coatings, divided
by the total volume of all coatings (minus water and exempt solvent) delivered
to the application system each day.
]
§115.425(a)(3)
] of this title (relating to Testing Requirements).
miscellaneous metal parts and products
] shall not exceed the following
limits for each surface coating type:
miscellaneous metal parts and products
]; and
(I)
§115.423(a)(3)
] of this title (relating to Alternate Control Requirements)
do not apply at wood parts and products coating facilities if:
recovery
] system
is used to control emissions from wood parts and products coating operations;
and
After December 31, 1999, the
] following
requirements apply to wood furniture manufacturing facilities in the Beaumont/Port
Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas. For facilities
which are subject to this paragraph, adhesives are not considered to be coatings
or finishing materials.
recovery
]
system that will achieve an equivalent reduction in emissions as the requirements
of clauses (i) or (ii) of this subparagraph. If this option is used, the requirements
of
§115.423(3)
[
§115.423(a)(3)
] of this title
[
(relating to Alternate Control Requirements)
] do not apply; or
After
December 31, 1999, the
] following requirements apply to shipbuilding
and ship repair operations in the Beaumont/Port Arthur and Houston/Galveston
areas.
For
the purposes of this division (relating to Surface Coating Processes), daily
weighted average means the total weight of VOC emissions from all coatings,
divided by the total volume of all coatings (minus water and exempt solvent)
delivered to the application system each day.
]
Miscellaneous metal parts and
products
] coating.
miscellaneous metal parts and products
] shall not exceed the following
limits for each surface coating type:
miscellaneous metal parts and products
].
volatile organic compounds (VOC)
] shall be used for
cleaning spray booth components other than conveyors, continuous coaters and
their enclosures, and/or metal filters, unless the spray booth is being refurbished.
If the spray booth is being refurbished, that is, the spray booth coating
or other material used to cover the booth is being replaced, no more than
1.0 gallon of organic solvent shall be used to prepare the booth prior to
applying the booth coating.
recovery
] system;
(5)
] Any surface coating
operation that becomes subject to the provisions of §115.421(a) of this
title by exceeding the provisions of §115.427(a) of this title (relating
to Exemptions) shall remain subject to the provisions in §115.421(a)
of this title, even if throughput or emissions later fall below exemption
limits unless and until emissions are reduced to no more than the controlled
emissions level existing before implementation of the project by which throughput
or emission rate was reduced to less than the applicable exemption limits
in §115.427(a) of this title, and:
standard
] exemption
from permitting
required by Chapter 116
or Chapter 106 of this title (relating to Control of Air Pollution by Permits
for New Construction or Modification; and Exemptions from Permitting). If
an
[
a standard
] exemption
from permitting
is available
for the project, compliance with this subsection must be maintained for 30
days after the filing of documentation of compliance with that [
standard
] exemption
from permitting
; or
standard
] exemption
from permitting
is not
required for the project, the owner/operator has given the executive director
30 days' notice of the project in writing.
For all affected persons
] in the
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas
and in Gregg, Nueces, and Victoria Counties are as follows
[
, the
following alternate control requirements may apply
].
(a)
](1)
recovery
]
system is used to control emissions from coating operations, the capture and
abatement system shall be capable of achieving and maintaining emission reductions
equivalent to the emission limitations of
§115.421
[
§115.421(a)
] of this title (relating to Emission Specifications)
and an overall control efficiency of at least 80% of the
VOC
[
volatile organic compound (VOC)
] emissions from those coatings. The
owner or operator of any surface coating facility shall submit design data
for each capture system and emission control device which is proposed for
use to the executive director for approval.
In the Beaumont/Port Arthur,
Dallas/Fort Worth, El Paso, and Houston/Galveston areas,
[
Any
]
capture efficiency testing shall be performed in accordance with
§115.425(4)
[
§115.425(a)(4)
] of this title (relating to Testing
Requirements).
(relating to Emission Specifications)
] based upon his determination
that such requirements will result in the lowest emission rate that is technologically
and economically reasonable. When he makes such a determination, the executive
director shall specify the date or dates by which such different requirements
shall be met and shall specify any requirements to be met in the interim.
If the emissions resulting from such different requirements equal or exceed
25 tons a year for a property, the determinations for that property shall
be reviewed every
five
[
two
] years. Executive director
approval does not necessarily constitute satisfaction of all federal requirements
nor eliminate the need for approval by the
EPA
[
United States
Environmental Protection Agency (EPA)
] in cases where specified criteria
for determining equivalency have not been clearly identified in applicable
sections of this chapter.
(1)
]
The owner or operator
of each
[
All
] surface coating
process
[
processes
or operations
]
subject to §115.421
[
affected by §115.421(a)
] of this title (relating to Emissions Specifications) must provide
samples, without charge, upon request by representatives of the executive
director,
EPA
[
United States Environmental Protection Agency
(EPA)
], or local air pollution control agency.
(3)
] The representative or inspector
requesting the sample will determine the amount of coating needed to test
the sample to determine compliance.
For
] the Beaumont/Port Arthur, Dallas/Fort
Worth, El Paso, and Houston/Galveston areas
and in Gregg, Nueces, and
Victoria Counties are as follows
[
, the following testing requirements
shall apply
].
§115.421(a)
] of this title (relating to Emission Specifications) shall be determined
by applying the following test methods, as appropriate
, except as specified
in paragraph (5) of this section. Where a test method also inadvertently measures
compounds that are exempt solvent, an owner or operator may exclude these
exempt solvents when determining compliance with an emission standard
:
United States Environmental Protection
Agency (EPA)
] guidelines series document "Procedures for Certifying
Quantity of Volatile Organic Compounds (VOC) Emitted by Paint, Ink, and Other
Coatings," EPA-450/3-84-019, as in effect December, 1984;
§115.423(a)(3)
] of this title (relating to Alternate Control Requirements)
shall be determined by applying the following test methods, as appropriate:
Code of Federal Regulations
]
§
60.044;
or
(relating to Emission Specifications)
] shall be determined by applying the following test methods, as appropriate:
(relating to Emission Specifications)
] for final
repair. Calculation of occurrence weighted average for each combination of
repair coatings (primer, specific basecoat, clearcoat) shall be determined
by the following procedure.
volatile organic compound (VOC)
] per gallon of coating
(minus water and exempt solvents) as applied for each potential combination
of repair coatings is calculated
according to paragraph (4) of this section
[
as follows
].
(a)
](3)(B)(iii)
The
]
capture efficiency [
shall be measured
] using applicable procedures
outlined in 40
CFR
[
Code of Federal Regulations (CFR),
]
Part 52.741, Subpart O, Appendix B. These procedures are: Procedure T--Criteria
for and Verification of a Permanent or Temporary Total Enclosure; Procedure
L--
VOC
[
Volatile Organic Compound (VOC)
] Input; Procedure
G.2--Captured VOC Emissions (Dilution Technique); Procedure F.1--Fugitive
VOC Emissions from Temporary Enclosures;
and
Procedure F.2--Fugitive
VOC Emissions from Building Enclosures.
The following are exemptions
] to capture efficiency testing requirements:
absorber
]), an explicit measurement of capture efficiency is not necessary if
the following conditions are met. The overall control of the system can be
determined by directly comparing the input liquid VOC to the recovered liquid
VOC. The general procedure for use in this situation is given in 40 CFR §60.433,
with the following additional restrictions.
.
]
Texas Air Control Board (TACB)
] and the source
owner or operator shall identify those operating parameters which shall be
monitored to ensure that capture efficiency does not change significantly
over time. These parameters shall be monitored and recorded initially during
the capture efficiency testing and thereafter during facility operation.
The executive director
[
TACB
] may require a new capture efficiency
test if the operating parameter values change significantly from those recorded
during the initial capture efficiency test.
(a)
]
For
] the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston
areas
and in Gregg, Nueces, and Victoria Counties
[
, the following
recordkeeping requirements shall apply
]:
Any person affected
by §115.421(a) of this title (relating to Emission Specifications)
]
shall satisfy the following recordkeeping requirements.
§115.425(a)(1)
] of this title (relating
to Testing Requirements).
United States Environmental Protection Agency (EPA)
], or any local air
pollution control agency.
recovery
] system
approved by the executive director in accordance with
§115.423(3)
[
§115.423(a)(3)
] of this title (relating to Alternate
Control Requirements) shall:
at an affected
facility
] in accordance with the provisions specified in
§115.425(2)
[
§115.425(a)(2)
] of this title [
(relating to Testing
Requirements)
]; and
§115.425(a)(4)
] of this title [
(relating to Testing
Requirements)
]. The owner or operator shall submit all results of the
test methods and capture efficiency protocols to
the executive director
[
TACB
] within 60 days of the actual test date. The [
source
] owner or operator shall maintain records of the capture efficiency
operating parameter values on site for a minimum of one year. If any changes
are made to capture or control equipment, the owner or operator is required
to notify the executive director in writing within 30 days of these changes
and a new capture efficiency and/or control device destruction or removal
efficiency test may be required.
§115.427(a)
] of this title [
(relating to Exemptions)
].
(C)
the application of
] §115.421(a)(9) of this title (relating to Emission
Specifications):
the application of
] §115.421(a)(10) of this title:
shall
] apply
to surface coating operations, except for aircraft prime coating controlled
by §115.421(a)(9)(A)(v) of this title and vehicle refinishing (body shops)
controlled by §115.421(a)(8)(B) and (C) of this title.
VOC
] of less than 3 pounds per hour and 15 pounds in any consecutive
24-hour period
are
[
shall be
] exempt from [
the
provisions of
] §115.421(a) of this title and
§115.423
[
§115.423(a)
] of this title (relating to Alternate
Control Requirements).
shall be
] exempt from [
the
provisions of
] §115.421(a) and
§115.423
[
§115.423(a)
] of this title if documentation is provided to and
approved by both the executive director and the EPA to demonstrate that necessary
coating performance criteria cannot be achieved with coatings which satisfy
applicable emission specifications and that control equipment is not technically
or economically feasible.
(C)
] Mirror backing coating operations
located on a property which, when uncontrolled, emit a combined weight of
VOC
[
volatile organic compond
] less than 25 tons in one year
(based on historical coating and solvent usage) are exempt from [
the
provisions of
] this
division
[
undesignated head concerning
]
(relating to
Surface Coating Processes
)
.
(D)
] Wood furniture manufacturing
facilities which are subject to and are complying with [
the requirements
of
] §115.421(a)(14) of this title and §115.422(3) of this
title (relating to Control Requirements) are exempt from [
the requirements
of
] §115.421(a)(13) of this title. These wood furniture manufacturing
facilities shall continue to comply with [
the requirements of
] §115.421(a)(13)
of this title until these facilities are in compliance with [
the requirements
of
] §115.421(a)(14) and §115.422(3) of this title.
(E)
] Wood furniture manufacturing
facilities which, when uncontrolled, emit a combined weight of VOC from wood
furniture manufacturing operations less than 25 tons per year are exempt from
[
the requirements of
] §115.421(a)(14) and §115.422(3)
of this title.
(F)
] Wood parts and products coating
facilities in Hardin, Jefferson, and Orange Counties are exempt from [
the requirements of
] §115.421(a)(13) of this title.
(G)
] Shipbuilding and ship repair
operations in Hardin, Jefferson, and Orange Counties which, when uncontrolled,
emit a combined weight of VOC from ship and offshore oil or gas drilling platform
surface coating operations less than 100 tons per year are exempt from [
the requirements of
] §115.421(a)(15) and §115.422(4) of this
title.
(H)
] Shipbuilding and ship repair
operations in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery,
and Waller Counties which, when uncontrolled, emit a combined weight of VOC
from ship and offshore oil or gas drilling platform surface coating operations
less than 25 tons per year are exempt from [
the requirements of
] §115.421(a)(15)
and §115.422(4) of this title.
(I)
]
Aerosol coatings (spray
paint)
[
Coatings applied with hand-held, nonrefillable, aerosol
containers ("spray paint")
] are exempt from [
the requirements of
] this division [
(relating to Surface Coating Processes)
].
(5)
] Vehicle refinishing
(body shops) in Hardin, Jefferson, and Orange Counties are exempt from [
the requirements of
] §115.421(a)(8)(B) and §115.422(1) and
(2) of this title [
(relating to Emission Specifications; and Control
Requirements)
].
(6)
] The
coating
[
repair and recoating
] of vehicles at in-house (fleet) vehicle
refinishing operations and the
coating
[
repair and recoating
] of vehicles by private individuals are exempt from [
the requirements
of
] §115.421(a)(8)(B) and §115.422(1) and (2) of this title.
This exemption is not applicable if the
coating
[
repair or
recoating
] of a vehicle by a private individual occurs at a commercial
operation.
facility
] which
,
when uncontrolled
,
will emit a combined weight of VOC less than 550 pounds (249.5 kg) in any
continuous 24-hour period are exempt from [
the provisions of
] §115.421(b)
of this title [
relating to Emission Specifications)
].
the application of
] §115.421(b)(8) of this title:
the application of
] §115.421(b)(9) of this title:
Coatings applied with hand-held, nonrefillable, aerosol containers ("spray
paint")
] are exempt from [
the requirements of
] this division
[
(relating to Surface Coating Processes)
].
the requirements of
] §115.421(a)(13)
of this title until these coating operations are in compliance with [
the requirements of
] §115.421(a)(14) and §115.422(3) of this
title.
Chapter 116.
CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION
preconstruction
] permit under this chapter, the allowable emissions shall be any emission
limit established in the permit on a MAERT and any emission limit contained
in representations in the permit application which was relied upon in issuing
the permit, plus any allowable emissions authorized [
by an exemption
] under Chapter 106 of this title (relating to
Permits by Rule
[
Exemptions from Permitting
]).
Exempted
facility
] - For a facility operating under Chapter 106 of this title,
the allowable emissions shall be the least of the emissions rate allowed in
Chapter 106, Subchapter A of this title (relating to General Requirements),
the emissions rate specified in the applicable
permit by rule
[
exemption
], or the federally enforceable emission rate established on
a PI-8 form.
Grandfathered
facility
] - For a qualified grandfathered facility, the allowable emissions
shall be the maximum annual emissions rate after the implementation of any
air pollution control methods to become a qualified facility, plus 10% of
the maximum annual emissions rate prior to the implementation of such control
methods, but in no case shall the allowable emissions be greater than the
maximum annual emissions rate prior to the implementation of such control
methods. The maximum annual emissions rate is the emissions rate at the maximum
annual capacity according to the physical or operational design of the facility,
data from actual operations over a period of no more than 12 months that demonstrates
the maximum annual capacity, or other information that demonstrates the maximum
annual capacity. Except where a grandfathered facility has been modified,
the allowable emissions for the modification shall be determined as a permitted
facility.
for
] the standard permit.
or
]
.
]
Subchapter B. NEW SOURCE REVIEW PERMITS
K
] of
this title (relating to Concentrated Animal Feeding Operations);
or
]
exempt facilities
] under Chapter 106 of this title
(relating to
Permits by Rule
[
Exemptions from Permitting.
])
; or
or an existing flexible permit
].
an exemption
]
under Chapter 106 of this title;
§116.111(3)
] of this
title.
§116.111(3)
] of this title.
and exemptions from permitting
]
under Chapter 106 of this title (relating to
Permits by Rule
[
Exemptions from Permitting
]) in lieu of permit amendment or alteration.
exempted
] changes
authorized
under Chapter 106 of this title
to [
, and permits by rule associated
with,
] a permitted facility shall be incorporated into that facility's
permit when the permit is amended or renewed.
Subchapter F. STANDARD PERMITS
§39.411
] of this title (relating to
Public Notice for General Operating
Permits
[
Text of Public Notice
]) except where clearly not
applicable. Each notice will include an invitation for written comments by
the public regarding the proposed standard permit. The public notice will
specify a comment period of at least 30 days and the public notice will be
published not later than the 30th day before the commission issues a standard
permit.
Exemption from Permitting
]).
exemptions
] listed in this paragraph, if the emissions from any fixed roof tank
exceed ten tpy of VOC or ten tpy of sulfur compounds, the tank emissions shall
be routed to a destruction device, vapor recovery unit, or equivalent method
of control that meets the requirements listed in subparagraph (D) of this
paragraph.
Office of Air Quality, New Source Review Permits
Division
] that the monitoring schedule be revised based on the percent
of valves leaking. The percent of valves leaking shall be determined by dividing
the sum of valves leaking during current monitoring and valves for which repair
has been delayed by the total number of valves subject to the requirements.
This request shall include all data that has been developed to justify the
following modifications in the monitoring schedule.
Office of Air Quality, New Source Review Permits
Division
] that the monitoring schedule be revised based on the percent
of leaking valves. The percent of valves leaking shall be determined by dividing
the sum of valves leaking during current monitoring and valves for which repair
has been delayed by the total number of valves subject to the requirements.
This request shall include all data that
has
[
have
]
been developed to justify the following modifications in the monitoring schedule.
exemptions
] of Chapter 106 of this title (relating
to
Permits by Rule
[
Exemptions from Permitting
]) , as
specified in paragraph (4) of this section shall maintain any records specified
in the
permit by rule
[
exemption from permitting
].
Subchapter G. FLEXIBLE PERMITS
§116.110(c)
] of this title, provided however, that all facilities
covered by a flexible permit must change ownership at the same time and to
the same person, or both the new owner and existing permit holder must obtain
a permit alteration allocating the emission caps or individual emission limitation
prior to the transfer of the permit by the commission. After the sale of a
facility, or facilities, but prior to the transfer of a permit requiring a
permit alteration, the original permit holder remains responsible for ensuring
compliance with the existing flexible permit and all rules and regulations
of the commission.
an exemption
] under Chapter 106 of this title
(relating to
Permits by Rule
[
Exemptions from Permitting
]).
Exemption
] under
Chapter 106 of this title (relating to
Permits by Rule
[
Exemptions
from Permitting
]) in lieu of permit amendment or alteration.
an exemption
]
under Chapter 106 of this title unless prohibited by permit provision as provided
in §116.715 of this title (relating to General and Special Conditions).
All such
changes permitted by rule
[
exempted changes
]
to a permitted facility shall be incorporated into that facility's permit
at such time as the permit is amended or renewed.
§116.117
] of this title
(relating to Distance Limitations) are met.
an exemption
] under Chapter 106 of this title (relating
to
Permits by Rule
[
Exemptions from Permitting
]) is
allowed. No fees will be refunded after a deficient application has been voided,
denied, or after a flexible permit or flexible permit amendment has been issued
by the agency.
Subchapter J. MULTIPLE PLANT PERMITS
Chapter 305.
CONSOLIDATED PERMITS