Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 115.
CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS
The Texas Commission on Environmental Quality (TCEQ or commission)
proposes amendments to §§115.10, 115.119, 115.129, 115.139, 115.149,
115.219, 115.239, 115.319, 115.359, 115.419, 115.439, 115.449, 115.519, and
115.539.
These amended sections and corresponding revisions to the state implementation
plan (SIP) will be submitted to the United States Environmental Protection
Agency (EPA).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The Federal Clean Air Act (FCAA) Amendments of 1990 as codified in 42 United
States Code (USC), §§7401
et seq
.
require EPA to set national ambient air quality standards (NAAQS) to ensure
public health, and to designate areas as either in attainment or nonattainment
with the NAAQS, or as unclassifiable. States are primarily responsible for
ensuring attainment and maintenance of the NAAQS once the EPA has established
them. Each state is required to submit a SIP to the EPA that provides for
attainment and maintenance of the NAAQS.
The Dallas-Fort Worth area, consisting of four counties (Collin, Dallas,
Denton, and Tarrant), was designated nonattainment and classified as moderate
for the one-hour ozone NAAQS in accordance with the 1990 FCAA Amendments,
and was required to attain the one-hour ozone NAAQS by November 15, 1996.
A SIP was submitted based on a volatile organic compound (VOC) reduction strategy,
but the Dallas-Fort Worth area did not attain the NAAQS by the mandated deadline.
Consequently, in 1998 the EPA reclassified the Dallas-Fort Worth area from
"moderate" to "serious," resulting in a requirement to submit an additional
SIP revision demonstrating attainment by the new deadline of November 15,
1999.
The Dallas-Fort Worth area also failed to reach attainment by the November
15, 1999, deadline. In the attainment demonstration SIP revision adopted by
the commission in April 2000, the importance of local nitrogen oxides (NO
The EPA transport policy was later overturned by three federal courts,
including the Court of Appeals for the 5th Circuit, which ruled in
Sierra Club et. al v. EPA
, 314 F. 3d 735 (2002), that EPA did not have
authority to extend an area's attainment date based on transport. Although
the Dallas-Fort Worth area was not the specific subject of any of these suits,
the Dallas-Fort Worth area one-hour ozone attainment demonstration SIP, including
an extended attainment date, was not approvable by EPA.
On July 18, 1997, EPA promulgated a revised ozone standard (the eight-hour
ozone NAAQS) (62 FR 38856). The eight-hour ozone NAAQS was challenged by numerous
litigants and ultimately upheld by the United States Supreme Court in February
2001. On April 30, 2004, EPA promulgated the first phase of the implementation
rules for the eight-hour ozone NAAQS (Phase I Implementation Rule) (69 FR
23951). Also on April 30, 2004, the Dallas-Fort Worth area was designated
as nonattainment and classified as moderate for the eight-hour ozone NAAQS.
Five additional counties (Ellis, Johnson, Kaufman, Parker, and Rockwall) were
added to the Dallas-Fort Worth eight-hour ozone nonattainment area (DFW area).
Effective June 15, 2004, the DFW area consists of nine counties (Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant) that are nonattainment
for the eight-hour ozone NAAQS. The DFW area must attain the eight-hour ozone
NAAQS by June 15, 2010.
EPA's Phase I Implementation Rule provided three options for eight-hour
ozone nonattainment areas that do not have an approved one-hour ozone attainment
SIP: 1) submit a one-hour ozone attainment demonstration no later than one
year after the effective date of the eight-hour ozone designation (June 15,
2005); 2) submit an eight-hour ozone attainment demonstration no later than
one year after the effective date of the eight-hour ozone designation, which
is June 15, 2005, that provides for a 5% increment of progress (IOP) emission
reduction from the area's 2002 emissions baseline that is in addition to federal
and state measures already approved by EPA, and to achieve these reductions
by June 15, 2007; or 3) submit an eight-hour ozone attainment demonstration
by June 15, 2005. Options one and three required successful photochemical
grid modeling performance. Based on poor model performance, the commission,
in consultation with EPA, determined that option two was the most expeditious
approach to achieve the emission reductions ultimately needed to meet the
June 15, 2005, transportation conformity deadline and attain the eight-hour
ozone NAAQS by June 15, 2010. Therefore, the commission adopted a 5% IOP Plan
in April 2005 and submitted it to EPA.
On November 29, 2005, EPA subsequently finalized its Phase II Implementation
Rule for the eight-hour ozone NAAQS (Phase II Implementation Rule) (70 FR
71612). The Phase II Implementation Rule provides guidance and requirements
for the remaining elements of the program to implement the eight-hour ozone
NAAQS.
FCCA, §182(b)(2)(C), requires that reasonably available control technology
(RACT) be implemented in nonattainment areas designated as moderate and above
for the ozone NAAQS. The purpose of this rulemaking is to implement RACT controls
for VOC emission sources in the five newly designated nonattainment counties.
RACT for NO
x
emission sources will be addressed,
if necessary, in other rulemaking actions.
The proposed rulemaking would subject owners or operators of certain VOC-emitting
facilities located in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties
to the same control, monitoring, testing, recordkeeping, and reporting requirements
to which owners or operators of facilities in the other four counties in the
DFW nonattainment area are subject. The definition of "Dallas/Fort Worth area"
in §115.10 would be amended to include the five additional counties.
The definition of "Covered attainment counties" would also be amended to remove
these five counties. Compliance dates would be added to specify when the owners
or operators of newly affected facilities must achieve compliance with the
requirements. The EPA eight-hour ozone Phase II Implementation Rule (70 FR
71701) requires the implementation of RACT as expeditiously as practicable,
but no later than the first ozone season (or portion of) that occurs 57 months
after designation for the eight-hour ozone standard. Since the five additional
counties were designated on June 15, 2004, the required compliance date for
RACT is March 1, 2009.
Rules in Subchapter C, Volatile Organic Compound Transfer Operations, Division
2, Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing
Facilities and Subchapter E, Solvent-Using Processes, Division 2, Surface
Coating Processes, were made applicable to the additional counties as part
of the 5% IOP SIP adopted on April 27, 2005, and are not part of this proposed
rulemaking. Rules in Subchapter B, General Volatile Organic Compound Sources,
Division 5, Municipal Solid Waste Landfills, are not part of this rulemaking
because information in permit and emission inventory files indicates that
no existing municipal solid waste landfills in Ellis, Johnson, Kaufman, Parker,
or Rockwall Counties would be subject to the control requirements in this
division. Rules in Subchapter C, Volatile Organic Compound Transfer Operations,
Division 4, Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle
Fuel Dispensing Facilities, are not part of this proposed rulemaking because
of the decreased cost-effectiveness of these controls with the increased market
penetration of motor vehicles equipped with on-board refueling vapor recovery.
The Stage II rules continue to apply to the four-county one-hour ozone nonattainment
area.
SECTION BY SECTION DISCUSSION
Grammatical, style, and other non-substantive corrections are made throughout
the rulemaking to be consistent with Texas Register requirements, to improve
readability, and to conform to the drafting standards in the
Texas Legislative Council Drafting Manual
, November 2004.
Subchapter A, Definitions
The proposed amendment to §115.10 would revise the definitions of
"Covered attainment counties" and "Dallas/Fort Worth area" by moving Ellis,
Johnson, Kaufman, Parker, and Rockwall Counties from the "Covered attainment
counties" definition to the "Dallas/Fort Worth area" definition. The current
definitions include these counties as part of the "Dallas/Fort Worth area"
definition only for the purposes of Subchapter C, Division 2, and Subchapter
E, Division 2. The proposed amendment would include the five counties as part
of the "Dallas/Fort Worth area" definition for all sections of Chapter 115,
except Subchapter B, Division 5. Information in permit and emission inventory
files indicates that no existing municipal solid waste landfills in Ellis,
Johnson, Kaufman, Parker, or Rockwall Counties would be subject to the control
requirements in this division. Any new landfills would be subject to federal
control requirements. For these reasons, no emission reductions would be expected
from extension of the landfill control requirements to the five counties.
Therefore, applying the requirements to the five counties is not required
for RACT.
Subchapter B, General Volatile Organic Compound
Sources
Division 1, Storage of Volatile Organic Compounds
The proposed amendment to §115.119, Counties and Compliance Schedule,
would delete language in subsections (a) and (b) that is no longer needed
due to the passing of the specified compliance dates. Subsection (a) would
be changed to specify that the owner or operator of each stationary tank,
reservoir, or other container in which any VOC is placed, stored, or held
shall continue to comply with the division as required by §115.930. Subsection
(b) would be changed to specify that the owner or operator of each stationary
tank, reservoir, or other container in which any VOC is placed, stored, or
held in Ellis, Johnson, Kaufman, Parker, or Rockwall County shall comply with
the applicable requirements as soon as practicable, but no later than March
1, 2009. This change is necessary to ensure that RACT requirements for control
of VOC emissions in these five counties are implemented no later than the
first ozone season (or portion of) that occurs 57 months after designation
for the eight-hour ozone standard, as specified in the EPA eight-hour ozone
Phase II Implementation Rule (70 FR 71701).
Division 2, Vent Gas Control
The proposed amendment to §115.129, Counties and Compliance Schedule,
would add subsection (d) to specify that the owner or operator of each vent
gas stream in Ellis, Johnson, Kaufman, Parker, or Rockwall County shall comply
with the applicable requirements as soon as practicable, but no later than
March 1, 2009. This change is necessary to ensure that RACT requirements for
control of VOC emissions in these five counties are implemented no later than
the first ozone season (or portion of) that occurs 57 months after designation
for the eight-hour ozone standard, as specified in the EPA eight-hour ozone
Phase II Implementation Rule (70 FR 71701).
Division 3, Water Separation
The proposed amendment to §115.139, Counties and Compliance Schedule,
would designate the existing language as subsection (a) and add subsection
(b) to specify that the owner or operator of each VOC water separator in Ellis,
Johnson, Kaufman, Parker, or Rockwall County shall comply with the applicable
requirements as soon as practicable, but no later than March 1, 2009. This
change is necessary to ensure that RACT requirements for control of VOC emissions
in these five counties are implemented no later than the first ozone season
(or portion of) that occurs 57 months after designation for the eight-hour
ozone standard, as specified in the EPA eight-hour ozone Phase II Implementation
Rule (70 FR 71701).
Division 4, Industrial Wastewater
The proposed amendment to §115.149, Counties and Compliance Schedule,
would delete language in subsections (a) - (g) that is no longer needed due
to the passing of the specified compliance dates. Subsection (a) would be
changed to specify that the owner or operator of each affected source category
within a plant in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Hardin,
Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall
continue to comply with the division as required by §115.930. Subsection
(b) would be changed to specify that the owner or operator of each affected
source category within a plant in Ellis, Johnson, Kaufman, Parker, or Rockwall
County shall comply with the applicable requirements as soon as practicable,
but no later than March 1, 2009. This change is necessary to ensure that RACT
requirements for control of VOC emissions in these five counties are implemented
no later than the first ozone season (or portion of) that occurs 57 months
after designation for the eight-hour ozone standard, as specified in the EPA
eight-hour ozone Phase II Implementation Rule (70 FR 71701).
Subchapter C, Volatile Organic Compound Transfer
Operations
Division 1, Loading and Unloading of Volatile
Organic Compounds
The proposed amendment to §115.219, Counties and Compliance Schedule,
would add subsection (d) to specify that the owner or operator of each VOC
transfer operation in Ellis, Johnson, Kaufman, Parker, or Rockwall County
shall comply with the applicable requirements as soon as practicable, but
no later than March 1, 2009. This change is necessary to ensure that RACT
requirements for control of VOC emissions in these five counties are implemented
no later than the first ozone season (or portion of) that occurs 57 months
after designation for the eight-hour ozone standard, as specified in the EPA
eight-hour ozone Phase II Implementation Rule (70 FR 71701). Because gasoline
terminals and gasoline bulk plants in Ellis, Johnson, Kaufman, Parker, or
Rockwall Counties are already subject to control requirements specified for
covered attainment counties, the proposed rule would also specify that owners
or operators of gasoline terminals and gasoline bulk plants shall continue
to comply with those requirements until the facility achieves compliance with
the newly applicable requirements.
Division 3, Control of Volatile Organic Compound
Leaks from Transport Vessels
The proposed amendment to §115.239, Counties and Compliance Schedule,
would add subsection (c) to specify that the owner or operator of each tank-truck
tank in Ellis, Johnson, Kaufman, Parker, or Rockwall County shall comply with
the applicable requirements as soon as practicable, but no later than March
1, 2009. This change is necessary to ensure that RACT requirements for control
of VOC emissions in these five counties are implemented no later than the
first ozone season (or portion of) that occurs 57 months after designation
for the eight-hour ozone standard, as specified in the EPA eight-hour ozone
Phase II Implementation Rule (70 FR 71701). Because gasoline tank-truck tanks
in Ellis, Johnson, Kaufman, Parker, or Rockwall Counties are already subject
to control requirements specified for covered attainment counties, the proposed
rule would also specify that owners or operators of gasoline tank-truck tanks
shall continue to comply with those requirements until the facility achieves
compliance with the newly applicable requirements.
Subchapter D, Petroleum Refining, Natural Gas
Processing, and Petrochemical Processes
Division 1, Process Unit Turnaround and Vacuum-Producing
Systems in Petroleum Refineries
The proposed amendment to §115.319, Counties and Compliance Schedule,
would designate the existing language as subsection (a) and add subsection
(b) to specify that the owner or operator of each affected source in Ellis,
Johnson, Kaufman, Parker, or Rockwall County shall comply with the applicable
requirements as soon as practicable, but no later than March 1, 2009. This
change is necessary to ensure that RACT requirements for control of VOC emissions
in these five counties are implemented no later than the first ozone season
(or portion of) that occurs 57 months after designation for the eight-hour
ozone standard, as specified in the EPA eight-hour ozone Phase II Implementation
Rule (70 FR 71701).
Division 3, Fugitive Emission Control in Petroleum
Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in
Ozone Nonattainment Areas
The proposed amendment to §115.359, Counties and Compliance Schedule,
would delete language in paragraphs (2) and (3) that is no longer needed due
to the passing of the specified compliance dates. The remaining existing language
and the language in paragraph (1) would be designated as subsection (a). Subsection
(b) would be added to specify that the owner or operator of each affected
source in Ellis, Johnson, Kaufman, Parker, or Rockwall County shall comply
with the applicable requirements as soon as practicable, but no later than
March 1, 2009. This change is necessary to ensure that RACT requirements for
control of VOC emissions in these five counties are implemented no later than
the first ozone season (or portion of) that occurs 57 months after designation
for the eight-hour ozone standard, as specified in the EPA eight-hour ozone
Phase II Implementation Rule (70 FR 71701).
Subchapter E, Solvent-Using Processes
Division 1, Degreasing Processes
The proposed amendment to §115.419, Counties and Compliance Schedule,
would add subsection (c) to specify that all affected persons in Ellis, Johnson,
Kaufman, Parker, or Rockwall County shall comply with the applicable requirements
as soon as practicable, but no later than March 1, 2009. This change is necessary
to ensure that RACT requirements for control of VOC emissions in these five
counties are implemented no later than the first ozone season (or portion
of) that occurs 57 months after designation for the eight-hour ozone standard,
as specified in the EPA eight-hour ozone Phase II Implementation Rule (70
FR 71701).
Division 3, Flexographic and Rotogravure Printing
The proposed amendment to §115.439, Counties and Compliance Schedule,
would designate the existing language as subsection (a) and add subsection
(b) to specify that all affected persons in Ellis, Johnson, Kaufman, Parker,
or Rockwall County shall comply with the applicable requirements as soon as
practicable, but no later than March 1, 2009. This change is necessary to
ensure that RACT requirements for control of VOC emissions in these five counties
are implemented no later than the first ozone season (or portion of) that
occurs 57 months after designation for the eight-hour ozone standard, as specified
in the EPA eight-hour ozone Phase II Implementation Rule (70 FR 71701).
Division 4, Offset Lithographic Printing
The proposed amendment to §115.449, Counties and Compliance Schedule,
would add subsection (f) to specify that the owner or operator of all offset
lithographic printing presses on a property that, when uncontrolled, emit
a combined weight of VOC equal to or greater than 50 tons per calendar year
in Ellis, Johnson, Kaufman, Parker, or Rockwall County shall comply with the
applicable requirements as soon as practicable, but no later than March 1,
2009. This change is necessary to ensure that RACT requirements for control
of VOC emissions in these five counties are implemented no later than the
first ozone season (or portion of) that occurs 57 months after designation
for the eight-hour ozone standard, as specified in the EPA eight-hour ozone
Phase II Implementation Rule (70 FR 71701).
Subchapter F, Miscellaneous Industrial Sources
Division 1, Cutback Asphalt
The proposed amendment to §115.519, Counties and Compliance Schedule,
would add subsection (c) to specify that all affected persons in Ellis, Johnson,
Kaufman, Parker, or Rockwall County shall comply with the applicable requirements
as soon as practicable, but no later than March 1, 2009. This change is necessary
to ensure that RACT requirements for control of VOC emissions in these five
counties are implemented no later than the first ozone season (or portion
of) that occurs 57 months after designation for the eight-hour ozone standard,
as specified in the EPA eight-hour ozone Phase II Implementation Rule (70
FR 71701).
Division 2, Pharmaceutical Manufacturing Facilities
The proposed amendment to §115.539, Counties and Compliance Schedule,
would designate the existing language as subsection (a) and add subsection
(b) to specify that the owner or operator of each affected pharmaceutical
manufacturing facility in Ellis, Johnson, Kaufman, Parker, or Rockwall County
shall comply with the applicable requirements as soon as practicable, but
no later than March 1, 2009. This change is necessary to ensure that RACT
requirements for control of VOC emissions in these five counties are implemented
no later than the first ozone season (or portion of) that occurs 57 months
after designation for the eight-hour ozone standard, as specified in the EPA
eight-hour ozone Phase II Implementation Rule (70 FR 71701).
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Assessment Section, has
determined that, for the first five-year period the proposed rules are in
effect, no significant fiscal implications are anticipated for the agency
or other units of state or local governments as a result of administration
or enforcement of the proposed rules. The proposed rules are one part of a
control strategy designed for the DFW area to reduce VOC air emissions and
attain the eight-hour ozone NAAQS mandated by EPA. The proposed rules would
amend requirements of mature regulatory programs by extending their coverage
areas to five additional counties. Governmental entities may be affected by
additional limitations on the use of cutback asphalt for paving activities,
but since alternative materials are available at comparable prices, they are
not expected to see an increase in costs. If a governmental entity in the
affected area has VOC wastewater streams at a waste facility, the proposed
rules could have fiscal implications for that entity.
The proposed rules would subject the owners or operators of certain VOC-emitting
facilities located in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties
to the same control, monitoring, testing, recordkeeping, and reporting requirements
to which owners or operators of facilities in the other four counties in the
DFW nonattainment area are subject by amending emission reduction requirements
in Chapter 115, Subchapters B - F. These requirements are one component of
the DFW attainment demonstration SIP that Texas shall submit to the EPA. Owners
or operators of facilities addressed by the proposed rules would have to comply
with the proposed requirements no later than March 1, 2009; the deadline required
by EPA for major air emission sources to comply with RACT in these counties.
The proposed rules in Subchapter B, Division 4, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of affected VOC wastewater streams. The rules would only affect facilities
in the following source categories: organic chemicals, plastics, and synthetic
fibers manufacturing industry under Standard Industrial Classification (SIC)
codes 2821, 2823, 2824, 2865, and 2869; pesticides manufacturing industry
under SIC code 2879; petroleum refining industry under SIC code 2911; pharmaceutical
manufacturing industry under SIC codes 2833, 2834, and 2836; and hazardous
waste treatment, storage, and disposal facilities industry under SIC codes
4952, 4953, and 4959. Only one regulated entity is known to operate in the
five counties in any of these SIC codes (4953). This regulated entity is a
municipal solid waste landfill that may not have affected VOC wastewater streams.
The specifications for determining whether a wastewater stream is affected
are complex. Methods and control costs for wastewater streams would vary widely
depending on the flow rate of the stream and on the type and concentration
of VOC.
The proposed rules in Subchapter F, Division 1, would require users and
sellers of cutback asphalt containing VOC to limit its sale and use when paving
roads, driveways, and parking lots. This rule would affect state, municipal,
or county governmental entities that use or specify the type of asphalt application.
The commission does not anticipate any increase in cost to private or governmental
entities from limiting the use of cutback asphalt because alternative materials
are available at comparable prices.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from the
changes seen in the proposed rules will be compliance with the Clean Air Act
and a reduction in VOC emissions in the DFW nonattainment area.
The proposed rules in Subchapter B, Division 1, would apply to owners or
operators of stationary tanks, reservoirs, or other containers in which any
VOC is placed, stored, or held. The owners or operators of a storage vessel
shall meet certain equipment specifications or control requirements along
with inspection and recordkeeping requirements. Baseline data from regulated
entities required to report emissions indicates that approximately 35 tanks
may be affected by the requirements. Additional tanks may also be affected
at regulated entities that have not been previously required to report emissions.
The actual costs of the proposed rules would depend on the properties of the
material stored and the type of equipment used to meet the control requirements,
but based on available data, costs could be as much as $50,000 per control
unit, $15,000 per organic compound monitoring unit, and $200 per seal inspection.
The proposed rules in Subchapter B, Division 2, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of vent gas streams containing VOC. Affected vent gas streams could come from
a variety of different processes, including commercial bakeries, so an estimate
of the number of affected facilities is not available. The proposed rules
would not apply to vent gas streams that are specifically regulated by another
division in Chapter 115 (such as surface coating or printing) nor to combustion
unit exhaust streams (unless the combustion unit is used as a control device
for an affected vent gas stream). The proposed rules would apply to commercial
bakeries if the total weight of uncontrolled VOC emitted from all bakery ovens
on the property is greater than or equal to 50 tons per year. Reported baseline
data indicates there are four bakeries located in the five counties affected
by the proposed rule. Using available data, estimated costs to install a catalytic
incinerator to control emissions from bakery ovens would be in the range of
$150,000 to $300,000, with annual operational costs of $15,000 to $35,000.
Available estimated costs of a control device to abate emissions from a vent
stream are $600,000 for capital equipment and $360,000 for annual operational
costs. Actual control costs would depend on the size, VOC concentration, and
other characteristics of the specific vent stream to be controlled.
The proposed rules in Subchapter B, Division 3, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of VOC water separators. The number of facilities that might be affected is
expected to be small because there are few chemical or petrochemical processing
facilities that would require VOC water separators in the five counties. Available
data indicates that operators of VOC water separators could pay as much as
$50,000 per control unit and $15,000 per organic compound monitoring unit.
Actual equipment costs would depend on the properties of the material separated
and the type of equipment used to meet the control requirements.
The proposed rules in Subchapter C, Division 1, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of VOC transfer operations. Affected transfer operations may occur at gasoline
terminals and at other facilities where liquid VOCs are loaded onto or unloaded
from tank trucks or rail cars. Transfer operations at gasoline terminals are
already subject to control requirements in this division because the five
affected counties are included as covered attainment counties. The proposed
rulemaking would make the emission specification for gasoline terminals more
stringent and would subject loading of non-gasoline VOC to control requirements.
Some existing facilities may be able to meet the more stringent standard with
their existing control devices at no additional cost. For owners or operators
of facilities that install new controls to meet the standard, a vendor has
estimated that costs could be in the range of $75,000 to $200,000 for a new
combustor or $300,000 to $1 million for a new vapor recovery unit depending
on the size.
The proposed rules in Subchapter C, Division 3, would require owners or
operators of tank-truck tanks carrying gasoline or non-gasoline VOC to pass
annual leak-tight tests. Tank-truck tanks carrying gasoline are already subject
to the requirements because the five counties are included as covered attainment
counties. For tank-truck tanks not currently subject to the requirements,
available data suggests that the capital cost for trucks not equipped to meet
the vapor recovery requirements would be approximately $1,700 to $2,700 per
truck and that the cost of the annual vapor tightness testing would be $360
to $650 per truck.
The proposed rules in Subchapter D, Division 1, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of vacuum-producing systems in petroleum refineries and petroleum refinery
processes during process unit shutdowns and turnarounds. No adverse fiscal
implication is anticipated from the proposed rules in Subchapter D, Division
1, because currently there are no petroleum refineries in the five affected
counties.
The proposed rules in Subchapter D, Division 3, would apply emission specifications
and control, monitoring, inspection, and recordkeeping requirements for control
of fugitive emissions from equipment leaks to owners or operators of petroleum
refining, natural gas/gasoline processing, and petrochemical processes. Currently,
only four regulated entities are known to exist in the five affected counties
that would be impacted by the proposed rules. The principal impact of the
proposed rules would be the requirement to monitor for fugitive emissions,
and the estimated labor cost for conducting the required fugitive monitoring
is $0.50 to $1.00 per component.
The proposed rules in Subchapter E, Division 1, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of cold solvent cleaners or degreasers. The controls are already applied for
new degreasing facilities that have been placed in service since 1994 as a
condition of their authorization under 30 TAC §106.454, but the proposed
rules would extend the control requirements to existing facilities. Costs
to owners or operators of facilities that have not previously been required
to comply with these conditions are estimated to be approximately $500 - $1,000
for the smaller units that are most frequently used. The compliance cost for
larger conveyorized facilities could be as much as $20,000, but not as many
of these larger units are in use.
The proposed rules in Subchapter E, Division 3, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of flexographic and rotogravure printing processes that have a combined potential
to emit 50 tons per year or more of VOC if uncontrolled. There are no known
flexographic or rotogravure printing processes in the five affected counties,
and this part of the proposed rules is not expected to have an immediate fiscal
impact in the region.
The proposed rules in Subchapter E, Division 4, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of offset lithographic printing processes that have a combined potential to
emit 50 tons per year or more of VOC if uncontrolled. There are no known offset
lithographic printing processes in the five affected counties, and this part
of the proposed rules is not expected to have an immediate fiscal impact in
the region.
The proposed rules in Subchapter F, Division 1, would require users and
sellers of cutback asphalt containing VOC to limit its sale and use when paving
roads, driveways, and parking lots. The commission does not anticipate any
increase in cost to private entities from limiting the use of cutback asphalt
because alternative materials are available at comparable prices.
The proposed rules in Subchapter F, Division 2, would apply emission specifications
and control, monitoring, and recordkeeping requirements to owners or operators
of pharmaceutical processes. There are no known pharmaceutical facilities
in the five affected counties, and this part of the proposed rules is not
expected to have an immediate fiscal impact in the region.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No significant adverse fiscal implications are anticipated for small or
micro-businesses as a result of the proposed rules. Most of the proposed rules
have exemption provisions based on emission level or size of equipment and
are not anticipated to impact small or micro-businesses. However, the proposed
rules for degreasing processes may affect small or micro-businesses, although
the fiscal implications are not anticipated to be significant. Typically small
or micro-businesses use commercial services to supply solvents and equipment
used for degreasing operations, and the major suppliers of equipment and solvents
in surrounding counties are already required to comply with similar requirements.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and determined that
a local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the regulatory
impact analysis requirements of Texas Government Code, §2001.0225, and
determined the proposed rulemaking does not meet the definition of a "major
environmental rule" as defined in that statute. A "major environmental rule"
means a rule, the specific intent of which is to protect the environment or
reduce risks to human health from environmental exposure, and 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 rulemaking is intended to protect
the environment and to reduce risks to human health from environmental exposure.
However, as discussed in the fiscal note, the commission finds the proposed
rulemaking will not adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety in the
DFW area. Therefore, the proposed rulemaking does not meet the definition
of a "major environmental rule."
Even if the proposed rulemaking is determined to meet the definition of
a major environmental rule, the proposed rulemaking does not meet any of the
four applicability criteria for requiring a regulatory impact analysis for
a major environmental rule, which are listed in Texas Government Code, §2001.0225(a).
Texas Government Code, §2001.0225, applies only to a major environmental
rule, the result of which is to: 1) exceed a standard set by federal law,
unless the rule is specifically required by state law; 2) exceed an express
requirement of state law, unless the rule is specifically required by federal
law; 3) exceed a requirement of a delegation agreement or contract between
the state and an agency or representative of the federal government to implement
a state and federal program; or 4) adopt a rule solely under the general powers
of the agency instead of under a specific state law.
The rulemaking is proposed to implement RACT controls for VOC emissions
sources in the five newly designated nonattainment counties. Specifically,
the proposed rulemaking would subject owners or operators of certain VOC-emitting
facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties to the
same control, monitoring, testing, recordkeeping, and reporting requirements
to which owners or operators of facilities in the other four counties in the
DFW eight-hour ozone nonattainment area are subject.
The proposed rule is intended to protect the environment and to reduce
risks to human health and safety from environmental exposure by reducing VOC
emissions from sources subject to control requirements in Chapter 115, Subchapter
B, Divisions 1 - 4; Subchapter C, Divisions 1 and 3; Subchapter D, Divisions
1 and 3; Subchapter E, Divisions 1, 3, and 4; and Subchapter F, Divisions
1 and 2.
The proposed rulemaking would implement requirements of the FCAA. Under
42 USC, §7410, each state is required to adopt and implement a SIP containing
adequate provisions to implement, maintain, and enforce the NAAQS within the
state. While 42 USC, §7410 generally does not require specific programs,
methods, or reductions in order to meet the standard, state SIPs shall include
"enforceable emission limitations and other control measures, means or techniques
(including economic incentives such as fees, marketable permits, and auctions
of emissions rights), as well as schedules and timetables for compliance as
may be necessary or appropriate to meet the applicable requirements of this
chapter" (meaning Chapter 85, Air Pollution Prevention and Control, otherwise
known as the FCAA). The provisions of the FCAA recognize states are in the
best position to determine what programs and controls are necessary or appropriate
in order to meet the NAAQS. This flexibility allows states, affected industry,
and the public to collaborate on the best methods for attaining the NAAQS
for the specific regions in the state. Even though the FCAA allows states
to develop their own programs, this flexibility does not relieve a state from
developing a program that meets the requirements of 42 USC, §7410. States
are not free to ignore the requirements of 42 USC, §7410, and shall develop
programs to assure their SIPs provide for implementation, maintenance, and
enforcement of the NAAQS within the state.
The requirement to provide a fiscal analysis of proposed regulations in
the Texas Government Code was amended by Senate Bill (SB) 633 during the 75th
Legislature, 1997. The intent of SB 633 was to require agencies to conduct
a regulatory impact analysis of extraordinary rules. These are identified
in the statutory language as major environmental rules that will have a material
adverse impact and will exceed a requirement of state law, federal law, or
a delegated federal program, or are adopted solely under the general powers
of the agency. With the understanding that this requirement would seldom apply,
the commission provided a cost estimate for SB 633 that concluded "based on
an assessment of rules adopted by the agency in the past, it is not anticipated
the bill will have significant fiscal implications for the agency due to its
limited application." The commission also noted the number of rules that would
require assessment under the provisions of the bill was not large. This conclusion
was based, in part, on the criteria set forth in the bill that exempted proposed
rules from the full analysis unless the rule was a major environmental rule
that exceeds a federal law.
As discussed earlier in this preamble, the FCAA does not always require
specific programs, methods, or reductions in order to meet the NAAQS; thus,
states shall develop programs for each area contributing to nonattainment
to help ensure those areas will meet the attainment deadlines. Because of
the ongoing need to address nonattainment issues, and to meet the requirements
of 42 USC, §7410, the commission routinely proposes and adopts SIP rules.
The legislature is presumed to understand this federal scheme. If each rule
proposed for inclusion in the SIP was considered to be a major environmental
rule that exceeds federal law, then every SIP rule would require the full
regulatory impact analysis contemplated by SB 633. This conclusion is inconsistent
with the conclusions reached by the commission in its cost estimate and by
the Legislative Budget Board (LBB) in its fiscal notes. Since the legislature
is presumed to understand the fiscal impacts of the bills it passes, and that
presumption is based on information provided by state agencies and the LBB,
the commission believes the intent of SB 633 was only to require the full
regulatory impact analysis for rules that are extraordinary in nature. While
the SIP rules will have a broad impact, that impact is no greater than is
necessary or appropriate to meet the requirements of the FCAA. For these reasons,
rules adopted for inclusion in the SIP fall under the exception in Texas Government
Code, §2001.0225(a), because they are required by federal law.
The commission has consistently applied this construction to its rules
since this statute was enacted in 1997. Since that time, the legislature has
revised the Texas Government Code, but left this provision substantially unamended.
It is presumed "when an agency interpretation is in effect at the time the
legislature amends the laws without making substantial change in the statute,
the legislature is deemed to have accepted the agency's interpretation." (
The commission's interpretation of the regulatory impact analysis requirements
is also supported by a change made to the Texas Administrative Procedure Act
(APA) by the legislature in 1999. In an attempt to limit the number of rule
challenges based upon APA requirements, the legislature clarified that state
agencies are required to meet these sections of the APA against the standard
of "substantial compliance" (Texas Government Code, §2001.035). The legislature
specifically identified Texas Government Code, §2001.0225 as falling
under this standard. The commission has substantially complied with the requirements
of Texas Government Code, §2001.0225.
The specific intent of the proposed rulemaking is to protect the environment
and to reduce risks to human health by adoption of proposed rules to implement
RACT controls for VOC emissions sources in the five newly designated nonattainment
counties. The proposed rulemaking does not exceed a standard set by federal
law or exceed an express requirement of state law. No contract or delegation
agreement covers the topic that is the subject of this rulemaking. Finally,
this rulemaking was not developed solely under the general powers of the agency,
but is required by the Texas Clean Air Act, as codified in Texas Health and
Safety Code, §382.0173. Therefore, this rulemaking is not subject to
the regulatory analysis provisions of Texas Government Code, §2001.0225(b),
because, even if the proposed rulemaking meets the definition of a "major
environmental rule," it does not meet any of the four applicability criteria
for a major environmental rule.
The commission invites public comment regarding the draft regulatory impact
analysis determination during the public comment period.
TAKINGS IMPACT ASSESSMENT
The commission evaluated the proposed rulemaking and performed an assessment
of whether Texas Government Code, Chapter 2007, is applicable. The specific
purpose of the proposed rulemaking is to implement RACT controls for VOC emissions
sources in the five newly designated nonattainment counties. Texas Government
Code, §2007.003(b)(4), provides that Chapter 2007 does not apply to this
proposed rulemaking because it is an action reasonably taken to fulfill an
obligation mandated by federal law and by state law.
In addition, the commission's assessment indicates Texas Government Code,
Chapter 2007 does not apply to these proposed rules because this is an action
that is taken in response to a real and substantial threat to public health
and safety; that is designed to significantly advance the health and safety
purpose; and that does not impose a greater burden than is necessary to achieve
the health and safety purpose. Thus, this action is exempt under Texas Government
Code, §2007.003(b)(13). As addressed elsewhere in this preamble, 42 USC, §7410
specifically requires states to adopt and implement SIPs that provide for
implementation, maintenance, and enforcement of the NAAQS within the state.
This proposed rulemaking is a required component of the Texas SIP. The action
will specifically advance the health and safety purpose by reducing VOC emissions
in the DFW area. The rulemaking specifically targets sources with VOC emissions.
Consequently, the proposed rulemaking meets the exemption criteria in Texas
Government Code, §2007.003(b)(4) and (13). For these reasons, Texas Government
Code, Chapter 2007 does not apply to this proposed rulemaking.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission determined that this rulemaking action relates to an action
or actions subject to the Texas Coastal Management Program (CMP) in accordance
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources
Code, §§33.201
et seq
.), and the
commission rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency
with the Texas Coastal Management Program. As required by §281.45(a)(3)
and 31 TAC §505.11(b)(2), relating to Actions and Rules Subject to the
Coastal Management Program, commission rules governing air pollutant emissions
must be consistent with the applicable goals and policies of the CMP. The
commission reviewed this action for consistency with the CMP goals and policies
in accordance with the rules of the Coastal Coordination Council, and determined
the action is consistent with the applicable CMP goals and policies. The CMP
goal applicable to this rulemaking action is the goal to protect, preserve,
and enhance the diversity, quality, quantity, functions, and values of coastal
natural resource areas (31 TAC §501.12(l)). No new sources of air contaminants
will be authorized and the proposed amendments will maintain at least the
same level of or increase the level of emissions control as the existing rules.
The CMP policy applicable to this rulemaking action is the policy that commission
rules comply with federal regulations in 40 Code of Federal Regulations (CFR),
to protect and enhance air quality in the coastal areas (31 TAC §501.32).
This rulemaking action complies with 40 CFR Part 51, Requirements for Preparation,
Adoption, and Submittal of Implementation Plans. Therefore, in accordance
with 31 TAC §505.22(e), the commission affirms this rulemaking action
is consistent with CMP goals and policies.
The commission solicits comments on the consistency of the proposed rulemaking
with the CMP during the public comment period.
EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM
The requirements of Chapter 115 are applicable requirements of 30 TAC Chapter
122. Owners or operators of sites that are subject to the Federal Operating
Permit Program will be required to obtain, revise, reopen, and renew their
Federal Operating Permits as appropriate in order to include the requirements
of this proposed rulemaking, if it is adopted by the commission.
ANNOUNCEMENT OF HEARINGS
Two public hearings on this proposal will be held on August 8, 2006, at
2:30 p.m. and 6:30 p.m., Waxahachie City Hall Council Chambers, 401 S. Rogers,
Waxahachie, Texas. The hearings will be structured for the receipt of oral
or written comments by interested persons. Registration will begin 30 minutes
prior to the hearings. Individuals may present oral statements when called
upon in order of registration. A time limit may be established at each hearing
to assure that enough time is allowed for every interested person to speak.
There will be no open discussion during the hearings; however, commission
staff members will be available to informally discuss the proposal 30 minutes
before each hearing.
Persons who have special communication or other accommodation needs who
are planning to attend the hearings should contact Teresa Hurley at (512)
239-5316. Requests should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Patricia Durón, MC 205, Office of Legal
Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Texas 78711-3087, e-mailed to
TRRules@tceq.state.tx.us
, or faxed to (512) 239-4808. All comments should reference Rule Project
Number 2006-011-115-EN. The comment period closes August 14, 2006. Copies
of the proposed rules can be obtained from the commission's Web site at
Subchapter A. DEFINITIONS
30 TAC §115.10
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.10.Definitions.
Unless specifically defined in Texas Health and Safety Code, Chapter
382, (also known as the Texas Clean Air Act) 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 Texas Clean Air Act, the following terms, when used in this
chapter (relating to Control of Air Pollution from Volatile Organic Compounds),
have the following meanings, unless the context clearly indicates otherwise.
Additional definitions for terms used in this chapter are found in §3.2
and §101.1 of this title (relating to Definitions).
(1) - (8)
(No change.)
(9)
Covered attainment counties--[
(10)
Dallas/Fort Worth area--For purposes of Subchapter
B of this chapter, General Volatile Organic Compound Sources, Division 5,
Municipal Solid Waste Landfills, Collin, Dallas, Denton, and Tarrant Counties.
For all other divisions,
[
(11) - (48)
(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 June 30, 2006.
TRD-200603542
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
1.
STORAGE OF VOLATILE ORGANIC COMPOUNDS
30 TAC §115.119
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.119.Counties and Compliance Schedules.
(a)
The owner or operator of each stationary tank, reservoir,
or other container in which any volatile organic compound (VOC) is placed,
stored, or held
[
(b)
The owner or operator of each stationary tank, reservoir,
or other container in which any VOC is placed, stored, or held in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties shall comply with this division as
soon as practicable, but no later than March 1, 2009.
[
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 June 30, 2006.
TRD-200603543
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.129
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.129.Counties and Compliance Schedules.
(a)
(No change.)
(b)
The owner or operator of each bakery in Collin, Dallas,
Denton, and Tarrant Counties subject to §115.122(a)(3)(C) of this title
(relating to Control Requirements) shall comply with §§115.121(a)(3),
115.122(a)(3)(C), and 115.126(6) of this title (relating to Emission Specifications;
Control Requirements; and Monitoring and Recordkeeping Requirements) as soon
as practicable, but no later than one year, after the commission publishes
notification in the
Texas Register
of its
determination that this contingency rule is necessary as a result of failure
to attain the national ambient air quality standard (NAAQS) for ozone by the
attainment deadline or failure to demonstrate reasonable further progress
as set forth in
Federal Clean Air Act (FCAA)
[
(c)
The owner or operator of each bakery in El Paso County
subject to §115.122(a)(3)(D) of this title shall comply with §§115.121(a)(3),
115.122(a)(3)(D), and 115.126(6) of this title as soon as practicable, but
no later than one year, after the commission publishes notification in the
(d)
The owner or operator of each vent gas
stream in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply
with this division as soon as practicable, but no later than March 1, 2009.
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 June 30, 2006.
TRD-200603544
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.139
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.139.Counties and Compliance Schedules.
(a)
The owner or operator of each volatile
organic compound (VOC) water separator
[
(b)
The owner or operator of each VOC water
separator in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall
comply with this division as soon as practicable, but no later than March
1, 2009.
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 June 30, 2006.
TRD-200603545
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.149
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.149.Counties and Compliance Schedules.
(a)
The owner or operator of each affected source category
within a plant in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort
Bend,
Hardin,
Galveston, Harris,
Jefferson,
Liberty,
Montgomery,
Orange,
Tarrant, and Waller Counties shall continue
to comply with this division (relating to Industrial Wastewater) as required
by §115.930 of this title (relating to Compliance Dates).
(b)
The owner or operator of each affected source category
within a plant in
Ellis, Johnson, Kaufman, Parker, and Rockwall Counties
shall comply
[
[(c)
The owner or operator of each affected
source category within a plant in Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery, and Waller Counties shall control all junction
boxes equipped with pumps in accordance with §115.142(1)(D)(ii)(II) of
this title (relating to Control Requirements) as soon as practicable, but
no later than December 31, 2002.]
[(d)
The owner or operator of each affected
source category within a plant in Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery, and Waller Counties shall control all biotreatment
units in accordance with §115.142(3) and §115.144(4) of this title
(relating to Control Requirements; and Inspection and Monitoring Requirements)
as soon as practicable, but no later than December 31, 2002.]
[(e)
The owner or operator of each affected
source category within a plant in Brazoria, Chambers, Collin, Dallas, Denton,
El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller Counties shall comply with the requirement in §115.142(1)(A)
of this title for gasketed seals or tightly-fitting caps or plugs on process
drains not equipped with water seal controls as soon as practicable, but no
later than December 31, 2003.]
[(f)
The owner or operator of each affected
source category within a plant in Brazoria, Chambers, Collin, Dallas, Denton,
El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller Counties shall comply with the requirement in §115.142(1)(H)
of this title for a first attempt at repair within five calendar days and
for follow-up monitoring as soon as practicable, but no later than December
31, 2003.]
[(g)
The owner or operator of each affected
source category within a plant in Brazoria, Chambers, Collin, Dallas, Denton,
El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller Counties shall comply with the requirements in §115.144(5)
and (6) of this title for water seal inspections and inspections of process
drains not equipped with water seals as soon as practicable, but no later
than December 31, 2003.]
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 June 30, 2006.
TRD-200603546
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
1.
LOADING AND UNLOADING OF VOLATILE ORGANIC COMPOUNDS
30 TAC §115.219
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.219.Counties and Compliance Schedules.
(a) - (c)
(No change.)
(d)
The owner or operator of each gasoline
terminal, gasoline bulk plant, and VOC transfer operation in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties shall comply with this division as
soon as practicable, but no later than March 1, 2009. The owner or operator
of each gasoline terminal, gasoline bulk plant, and VOC transfer operation
in these counties shall continue to comply with the applicable requirements
in §§115.211(2), 115.212(b), and 115.214(b) of this title (relating
to Emission Specifications; Control Requirements; and Inspection Requirements)
until the facility achieves compliance with the newly applicable requirements
in §§115.211(1), 115.212(a), and 115.214(a) 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 June 30, 2006.
TRD-200603547
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.239
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.239.Counties and Compliance Schedules.
(a) - (b)
(No change.)
(c)
The owner or operator of each tank-truck
tank in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply
with this division as soon as practicable, but no later than March 1, 2009.
The owner or operator of each gasoline tank-truck tank in these counties shall
continue to comply with the applicable requirements in §115.234(b) and §115.235(b)
of this title (relating to Inspection Requirements and Approved Test methods)
until the facility achieves compliance with the newly applicable requirements
in §115.234(a) and §115.235(a) 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 June 30, 2006.
TRD-200603548
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
1.
PROCESS UNIT TURNAROUND AND VACUUM-PRODUCING SYSTEMS IN PETROLEUM REFINERIES
30 TAC §115.319
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.319.Counties and Compliance Schedules.
(a)
All affected persons 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 continue to comply with this division (relating to Process
Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries) as required
by §115.930 of this title (relating to Compliance Dates).
(b)
All affected persons in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties shall comply with this division as
soon as practicable, but no later than March 1, 2009.
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 June 30, 2006.
TRD-200603549
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.359
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.359.Counties and Compliance Schedules.
(a)
The owner or operator of each affected source
in Brazoria, Chambers, Collin, El Paso, Dallas, Denton, Fort Bend, Galveston,
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller
Counties
shall
[
[
[(2)
comply with §115.356(2)(C) of this
title (relating to Recordkeeping Requirements) as soon as practicable, but
no later than March 31, 2004; and]
[(3)
develop and make available upon request
to the executive director, United States Environmental Protection Agency,
and any local air pollution control agency having jurisdiction the recordkeeping
required by §115.356(1) and (3) of this title as soon as practicable,
but no later than March 31, 2004.]
(b)
The owner or operator of each affected
source in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall comply
with this division as soon as practicable, but no later than March 1, 2009.
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 June 30, 2006.
TRD-200603550
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
1.
DEGREASING PROCESSES
30 TAC §115.419
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.419.Counties and Compliance Schedules.
(a) - (b)
(No change.)
(c)
All affected persons in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties shall comply with the applicable sections
of this division as soon as practicable, but no later than March 1, 2009.
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 June 30, 2006.
TRD-200603551
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.439
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.439.Counties and Compliance Schedules.
(a)
All affected persons 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 continue to comply with applicable sections of this division
(relating to Flexographic and Rotogravure Printing) as required by §115.930
of this title (relating to Compliance Dates).
(b)
All affected persons in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties shall comply with this division as
soon as practicable, but no later than March 1, 2009.
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 June 30, 2006.
TRD-200603552
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
30 TAC §115.449
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.449.Counties and Compliance Schedules.
(a)
In El Paso County, all offset lithographic printing presses
must
[
(b)
In Collin, Dallas, Denton, and Tarrant Counties, all offset
lithographic printing presses on a property
that
[
(c)
In Collin, Dallas, Denton, and Tarrant Counties, all offset
lithographic printing presses on a property
that
[
(d)
In Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery, and Waller Counties, all offset lithographic printing presses
on a property
that
[
(e)
In Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery, and Waller Counties, all offset lithographic printing presses
on a property
that
[
(f)
In Ellis, Johnson, Kaufman, Parker, and
Rockwall Counties, the owner or operator of all offset lithographic printing
presses on a property that when uncontrolled, emit a combined weight of VOC
equal to or greater than 50 tons per calendar year, shall comply with §§115.442,
115.443, 115.445, and 115.446 of this title as soon as practicable, but no
later than March 1, 2009.
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 June 30, 2006.
TRD-200603553
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
1.
CUTBACK ASPHALT
30 TAC §115.519
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code, §5.103, concerning
Rules, and §5.105, concerning General Policy, which authorize the commission
to adopt rules necessary to carry out its powers and duties under the Texas
Water Code; and under Texas Health and Safety Code, §382.017, concerning
Rules, which authorizes the commission to adopt rules consistent with the
policy and purposes of the Texas Clean Air Act. The amendment is also proposed
under Texas Health and Safety Code, §382.002, concerning Policy and Purpose,
which establishes the commission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare, and physical
property; §382.011, concerning General Powers and Duties, which authorizes
the commission to control the quality of the state's air; §382.012, concerning
State Air Control Plan, which authorizes the commission to prepare and develop
a general, comprehensive plan for the proper control of the state's air; §382.016,
concerning Monitoring Requirements; Examination of Records, which authorizes
the commission to prescribe requirements for owners or operators of sources
to make and maintain records of emissions measurements; and §382.051(d),
concerning Permitting Authority of Commission; Rules, which authorizes the
commission to adopt rules as necessary to comply with changes in federal law
or regulations applicable to permits under Texas Health and Safety Code, Chapter
382; and FCAA, 42 USC, §§7401
et seq
.
The proposed amendment implements Texas Water Code, §5.103 and §5.105;
Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016,
382.017, and 382.051(d); and FCAA, 42 USC, §§7401
et seq
.
§115.519.Counties and Compliance Schedules.
(a)
(No change.)
(b)
All affected persons in Bastrop, Caldwell, Hays, Travis,
and Williamson Counties shall comply with applicable sections of this division
[
(c)
All affected persons in Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties shall comply with applicable sections
of this division as soon as practicable, but no later than March 1, 2009.
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 June 30, 2006.
TRD-200603554
Robert Martinez
Acting Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 239-6087
For purposes of Subchapter
C, Volatile Organic Compound Transfer Operations, Division 2, Filling of Gasoline
Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities,
]
Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar,
Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee,
Colorado, Comal, Cooke, Coryell, De Witt, Delta, Falls, Fannin, Fayette, Franklin,
Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison,
Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Karnes,
Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda,
McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Polk,
Rains, Red River, Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto,
San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur,
Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise,
and Wood Counties. [
For all other divisions, Anderson, Angelina, Aransas,
Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson,
Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell,
De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad,
Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill,
Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar,
Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan,
Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk,
Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine,
San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity,
Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson,
Wilson, Wise, and Wood Counties.
]
C, Volatile Organic Compound Transfer
Operations, Division 2, Filling of Gasoline Storage Vessels (Stage I) for
Motor Vehicle Fuel Dispensing Facilities, and Subchapter E, Solvent-Using
Processes, Division 2, Surface Coating Processes,
] Collin, Dallas, Denton,
Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties. [
For
all other divisions, Collin, Dallas, Denton, and Tarrant Counties.
]
Subchapter B. GENERAL VOLATILE ORGANIC COMPOUND SOURCES
All persons
] in Brazoria, Chambers, Collin,
Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Hardin, Jefferson,
Liberty, Montgomery, Orange, Tarrant, and Waller Counties
shall continue
to comply with this division (relating to Storage of Volatile Organic Compounds)
as required by §115.930 of this title (relating to Compliance Dates).
[
affected by the requirement to calculate and report emissions
resulting from secondary seal gaps that exceed 1/8 inch (0.32 cm) where the
accumulated area of such gaps is greater than 1.0 square inch per foot (21
square centimeters per meter) of tank diameter as specified in §115.116(a)(2)
of this title (relating to Monitoring and Recordkeeping Requirements) shall
be in compliance with these calculation and emission reporting requirements
beginning with the calendar year that starts on January 1, 1996.
]
All persons
in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston,
Harris, Hardin, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller
Counties affected by the requirement to conduct annual visual inspections
of internal floating roof storage tanks as specified in §115.114(a)(1)
of this title (relating to Inspection Requirements) shall be in compliance
with these inspection requirements as soon as practicable, but no later than
March 7, 1997.
]
2.
VENT GAS CONTROL
the FCAA
], §172(c)(9).
the
] FCAA, §172(c)(9).
3.
WATER SEPARATION
All affected persons
]
in Aransas, Bexar, Brazoria, Calhoun, Chambers, Collin, Dallas, Denton, El
Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty, Matagorda,
Montgomery, Nueces, Orange, San Patricio, Tarrant, Travis, Victoria, and Waller
Counties shall continue to comply with this division (relating to Water Separation)
as required by §115.930 of this title (relating to Compliance Dates).
4.
INDUSTRIAL WASTEWATER
Hardin, Jefferson, and Orange Counties shall be in
compliance
] with this division as soon as practicable, but no later
than
March 1, 2009
[
December 31, 2002
].
Subchapter C. VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS
3.
CONTROL OF VOLATILE ORGANIC COMPOUND LEAKS FROM TRANSPORT VESSELS
Subchapter D. PETROLEUM REFINING, NATURAL GAS PROCESSING, AND PETROCHEMICAL PROCESSES
3.
FUGITIVE EMISSION CONTROL IN PETROLEUM REFINING, NATURAL GAS/GASOLINE PROCESSING, AND PETROCHEMICAL PROCESSES IN OZONE NONATTAINMENT AREAS
must:
]
(1)
]
continue to comply with this division (relating
to Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing,
and Petrochemical Processes in Ozone Nonattainment Areas) as required by §115.930
of this title (relating to Compliance Dates)
.
[
;
]
Subchapter E. SOLVENT-USING PROCESSES
3.
FLEXOGRAPHIC AND ROTOGRAVURE PRINTING
4.
OFFSET LITHOGRAPHIC PRINTING
shall
] be in compliance with §§115.442, 115.443,
115.445, and 115.446 of this title (relating to Control Requirements; Alternate
Control Requirements;
Approved Test Methods
[
Testing Requirements
]; and Monitoring and Recordkeeping Requirements) as soon as practicable,
but no later than November 15, 1996.
which
],
when uncontrolled, emit a combined weight of volatile organic compound (VOC)
equal to or greater than 50 tons per calendar year,
must
[
shall
] be in compliance with §§115.442, 115.443, 115.445,
and 115.446 of this title as soon as practicable, but no later than December
31, 2000.
which
],
when uncontrolled, emit a combined weight of VOC less than 50 tons per calendar
year,
must
[
shall
] be in compliance with §§115.442,
115.443, 115.445, and 115.446 of this title as soon as practicable, but no
later than one year, after the commission publishes notification in the
which
], when uncontrolled, emit
a combined weight of VOC equal to or greater than 25 tons per calendar year,
must
[
shall
] be in compliance with §§115.442, 115.443,
115.445, and 115.446 of this title as soon as practicable, but no later than
December 31, 2002.
which
], when uncontrolled, emit
a combined weight of VOC less than 25 tons per calendar year,
must
[
shall
] be in compliance with §§115.442, 115.443, 115.445,
and 115.446 of this title as soon as practicable, but no later than one year,
after the commission publishes notification in the
Texas Register
of its determination that this contingency rule is necessary
as a result of failure to attain the NAAQS for ozone by the attainment deadline
or failure to demonstrate reasonable further progress as set forth in the
FCAA, §172(c)(9).
Subchapter F. MISCELLANEOUS INDUSTRIAL SOURCES
(relating to Cutback Asphalt)
] as soon as practicable, but no
later than December 31, 2005.
2.
PHARMACEUTICAL MANUFACTURING FACILITIES