Texas Revisions to 30 TAC Chapter 116, Subchapter E, 

Emergency Orders, §§116.410 to 116.418, with revisions to 

Chapter 116 submitted to EPA August 31, 1993. 

This document contains only Chapter 116, Subchapter E, 

Emergency Orders, §§116.410 to 116.418, as adopted by the 

Texas Air Control Board (TACB) August 16, 1993 effective 

September 13, 1993. 

The entire submittal is available this Regulations.gov web site in 

the following dockets: 

 docket EPA-R06-OAR-2004-TX-0006, documents EPAR06-OAR-2004-TX-0006-0003 to EPA-R06-OAR-2004-TX0006-0008; and 

 docket EPA-R06-OAR-2011-0426, document EPA-R06-

OAR-2011-0426-0003. 
5/;J /-J--1/ -)-!-; 

ANN W. RJCHARDS 

GOVERNOR 

STATE OF TEXAS 

OFFICE oF THE GovERNOR 

A u s Tl N, T E X A s 7 8 7 1 1 

August 31, 1993 

Mr. Joe Winkle 

Regional Administrator 

u.s. Environmental Protection Agency 

Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mr. Winkle: 

r_~:-1--,-j'·':-D r-. = u..: ,· c 

Enclosed are amendments to Regulation VI, concerning Control of 

Air Pollution by Permits for New Construction or Modification, 

and the General Rules, concerning Definitions, which were adopted 

by the TACB on August 16, 1993. These amendments are being 

submitted to you as a proposed revision to the Texas State 

Implementation Plan (SIP}. Also enclosed is a public hearings 

certification, as required by 40 CFR 51.102(f); a complete record 

of the public hearings; and Board Order No. 93-17. 

The intent of these amendments is to reorganize Regulation VI, to 

replace operating permits with operations certification, to 

revise nonattainment rules and definitions, to limit standard 

exemption applicability in nonattainment areas, and to obtain 

voluntary certification of standard exemption emission rates. 

Revisions to Standard Exemption 89 for ethylene oxide sterilizers 

clarify and restrict applicability. Also included are changes 

recommended by the TACB July 26, 199~ Permits Workshop to 

streamline the permits process, including permit alteration 

procedure, clarification of standard exemption use, and 

information to be included in a hearing request. In addition, 

amendments are made to definitions in the General Rules to delete 

the nonattainment definitions which will be transferred to 

Regulation VI. 

Pos1 01-FI<t. Box 12428 A1 ,II"-, TEXAS 78711 (512) 463-2000 (VoH:I )/(512) 475-3165 (IDD) 

PIH;'Illlll ,,, 1\h 'I ill' 1'\l'!·l( 
.. I look forward to your expeditious approval of this revision to 

the Texas SIP. 

Governor 

Enclosures 

cc: Mr. Kirk P. Watson, Chairman, Texas Air Control Board 

Mr. William R. Campbell, Executive Director, Texas Air 

Control Board 
TEXAS AIR CONTROL BOARD 

PUBLIC HEARINGS 

MARCH 16 & 31, 1993 

REGULATION VI 1 GENERAL RULES 

AND STANDARD EXEMPTION LISr 

VOLUME 2 OF 2 

EVALUATION & RECOMMENDATION 
INTRODUCTION 

A public hearing was held in Austin on March 16, 1993 and in 

Houston on March 31, 1993 to consider the proposed reorganization 

of Regulation VI, concerning Control of Air Pollution By Permits 

For New Construction or Modification, and amendments to the 

definitions in the General Rules. 

Written comments were accepted through April 9, 1993. All 

testimony and comments have been reviewed and seriously considered. This volume contains a complete record of the public 

hearing and is divided into the following four sections: 

o Public Notification and Proposals 

o Written and Oral Testimony 

o Evaluation of Testimony 

o Staff Recommendations 

Additional copies of this hearing record are maintained in the 

TACB Central Office at 12124 Park 35 Circle, Austin, Texas 78753. 

For further information, contact Mr. Gary McArthur at (512) 908-

1917. 
STAFF 

RECOMMENDATIONS 
SUBCHAPTER E : EMERGENCY ORDERS 

§116.410. Applicability. 

The owner or operator of a facility may apply to the Executive Director for an emergency order to authorize immediate 

action for the addition, replacement, or repair of facilities or 

control equipment, and authorizing associated emissions of air 

contaminants, whenever a catastrophic event necessitates such 

construction and emissions otherwise precluded under the Texas 

Clean Air Act. For purposes of this section, a catastrophic 

event is an unforeseen event including, but not limited to, an 

act of God, an act of war, severe weather conditions, explosions, 

fire, or other similar occurrences beyond the reasonable control 

of the operator, which renders a facility or its functionally 

related appurtenances inoperable. 

§116.411. Application for an Emergency Order. 

The owner or operator of a facility who applies for an 

emergency order shall submit a sworn application which contains 

all of the following: 

92 
(1) A statement that the proposed construction and 

emissions are essential to prevent loss of life, serious injury, 

severe property damage, or severe economic loss not attributable 

to the applicant's actions, and are necessary for the addition, 

replacement, or repair of facilities or control equipment necessitated by a catastrophic event; 

(2) A description of the catastrophic event; 

(3) A statement that there are no practicable alternatives to the proposed construction and emissions; 

(4) A statement that the emissions will not cause or 

contribute to a condition of air pollution; 

(5) A statement that the proposed construction and 

emissions will occur only at the property where the catastrophic 

event occurred or on other property owned by the owner or 

operator of the damaged facility, which produces the same intermediates, products, or by-products, providing no more than a 

de minimis increase will occur in the predicted concentration of 

the air contaminants at or beyond the property line at such other 

property; 

(6) A description of the proposed construction and the 

type and quantity of air contaminants to be emitted; 

93 
(7) An estimate of the dates on which the proposed 

construction and emissions will begin and end; 

(8) An estimate of the date on which the facility will 

begin operation; and 

(9) Any other information or item the Executive Director may require to support or explain the need for, or to expedite the issuance of, an emergency order; including information 

regarding the applicability of and compliance with any federal 

requirements for new or modified sources. 

§116.412. Public Notification. 

The Texas Air control Board. (TACB) shall publish notice of 

the issuance of an emergency order in the Texas Register as soon 

as practicable after issuance of the order. If the order is 

issued prior to a hearing, the order shall fix a time and location for a hearing which is to be held as soon as practicable 

after the order is issued. The TACB shall publish notice of any 

hearing in the Texas Register not later than the tenth day prior 

to the date set for the hearing, plus give any other general notice determined by the Executive Director to be warranted and 

practicable under the circumstances. Notice of the issuance and 

notice of the hearing may be consolidated for publication in the 

Texas Register. 

94 
5116.413. Public Hearing for an Emergency Order. 

A public hearing on the merits and needs of an emergency 

order shall be held either prior to or following issuance of the 

order. If the hearing is held prior to issuance of a proposed 

emergency order, the Board shall affirm the order as proposed, 

issue a modified order, or deny and set aside the order. If the 

hearing is held following issuance of an emergency order, the 

Board shall affirm, modify, or set aside the order as issued. 

Any hearing on an emergency order shall be conducted by the Board 

or a hearings examiner of the Board in accordance with provisions 

of the Administrative Procedure and Texas Register Act, Texas 

Civil Statutes, Article 6252-13a, and §§103.41-103.65 of this 

title {relating to Procedural Rules). 

§116.414. Affirmation of an Emergency Order. 

The Board shall affirm a proposed or issued orqer if the applicant shows at the hearing, by a preponderance of the evidence, 

that: 

(1) the proposed construction and emissions are essential to prevent loss of life, serious injury, severe property 

damage, or severe economic loss not attributable to the applicant's actions and are necessary for the addition, replacement, 

95 
or repair of facilities or control equipment that is necessitated 

by a catastrophic event; 

(2} There are no practicable alternatives to the 

proposed construction and emissions; 

(3) The emissions will not cause or contribute to a 

condition of air pollution; 

(4} The proposed construction or emissions will occur 

only: 

(A) At property where the catastrophic event 

occurred, or 

(B) At other property owned by the owner or 

operator of the damaged facility which produces the same intermediates, products, or by-products, so long as there will be no 

more than a de minimis increase in the predicted concentration of 

the air contaminants at or beyond the property line at such other 

property. 

(5) The time limits in the order for the beginning and 

completion of the proposed construction and emissions are reasonable; and 

96 
(6) The schedule in the order for submission of a 

complete permit application is reasonable. 

§116.415. Contents ot an Emerqency order. 

An emergency order issued by the Executive Director shall 

contain at least the fol~owing: 

{1) A description of the emergency construction and 

emissions to be authorized; 

(2) Reasonable time limits for the beginning and the 

completion of the proposed construction and emissions; 

(3) Authorization for action only at the property 

where the catastrophic event occurred or on other property owned 

by the owner or operator of the damaged facility, which also 

produces the same intermediates, products, or byproducts, provided there will be no more than a de minimis increase in the 

concentration of air contaminants at or beyond the property line 

at such other property; and 

(4) A schedule for submission of a complete construction permit application under provisions of the Texas Clean Air 

Act, §382.0518. 

97 
S116.416. Requirement to Apply for a Permit or Modification. 

The owner or operator of a facility for which an emergency 

order has been issued shall submit an application within 60 days 

of issuance of the order pursuant to the Texas Clean Air Act 

(TCAA), §382.063, and in accordance with provisions of the TCAA, 

§382.0518, and with Subchapter B of this chapter (relating to New 

Source Review Permits). The application shall be reviewed and 

acted upon by the Executive Director without regard to construction activity authorized by the emergency order. The appropriate 

permit fee shall be due and payable pursuant to the undesignated 

head Permit Fees in Subchapter B of this chapter. Costs and expenses related to additions, replacement, or repair of facilities 

or control equipment shall not be a consideration in any determination in the review of this application. 

§116.417. Modification of an Emergency Order. 

The Board shall modify a proposed or issued order if the 

hearing record shows that: 

(1) Construction and emissions otherwise precluded 

under the Texas Clean Air Act are essential to prevent loss of 

life, serious injury, severe property damage, or severe economic 

loss not attributable to the applicant's actions and are 

98 
necessary for the addition, replacement, or repair of facilities 

or control equipment that is necessitated by a catastrophic 

event; 

(2) There is no practicable alternative to such 

construction and emissions; and 

(3) Modification of certain terms of the proposed or 

issued order is necessary to make the order, construction, andjor 

emissions meet the requirements stated in §116.414 of this title 

(relating to Affirmation of an Emergency Order). 

5116.418. Setting Aside an Emergency Order. 

The Board shall set aside a proposed or issued order if the 

hearing record does not show, in accordance with §116.414 of this 

title (relating to Affirmation of an Emergency Order) or §116.417 

of this title (relating to Modification of an Emergency Order), 

that the order should be either affirmed or modified and adopted 

as modified. 

99 
TEXAS AIR COB'.rllOL BOARD 

12124 PARX 35 CXRCLB 

AD'STDI, TEXAS 

BOARD ORDER 

HO. 93-17 

AGENDA ITEM 6 

WBERBAS, pursuant to Section 382.017 of the Texas Clean Air Act (TCAA), 

Section 5 of the Administrative Procedure and Texas Register Act, and Section 

51.102 of Title 40 of the COde of Federal Requlations, the Texas Air Control Board 

(TACB or Board), after proper notices, conducted public hearings on March 16 and 

31, 1993 to consider proposed amendments to Requlation VI and the State Implementation Plan (SIP); and 

WHEREAS, the Board duly circulated to interested persons, the Regional 

Administrator of the u.s. Environmental Protection Agency (EPA), and all applicable local air pollution control agencies hearing notices of its intended action; 

and 

WHEREAS, interested persons were invited to submit data, views, and recommendations on the proposed amendments, either orally or in writing, at the hearings; 

and 

WHEREAS, copies of the proposed amendments were available for public inspection at the Board's central office and regional offices prior to the scheduled 

hearings; and 

WHEREAS, data, views, and recommendations of interested persons were submitted to the Board at the hearings and were considered by the Board as reflected 

in the attached Hearing Record, which is hereby incorporated and made a part of 

this Order; and 

WHEREAS, the Board finds that said Hearing Record includes the names of all 

interested groups or associations offering co~~ent on the amendments and their 

position concerning the proposed amendments; and 

WHEREAS, Section 382.017 of the TCAA gives the Board authority to make rules 

and regulations consistent with the policies and purposes of the TCAA; and 
BOARD ORDER NO. 93-17 

PAGE TWO 

WHEREAS, the Board finds that the reasoned justification and factual bases 

for the amendments are fully set out in the section titled Evaluation in the 

attached Hearing Record; and 

WHEREAS, the Board hereby certifies that the amendments, as adopted, has been 

reviewed by legal counsel and found to be a valid exercise of the Board's legal 

authority; 

HOW 1 THEREFORE, BE IT ORDERED BY THE UCB TliAT: 

1. The SIP revision appended to this Order is hereby adopted and promulgated; and 

2. The Executive Director is instructed to file a certified copy of the 

adopted amendments with the Secretary of State pursuant to the Administrative 

Procedure and Texas Register Act. 

3. The Executive Director is instructed to transmit a certified copy of this 

Order, together with the adopted amendments, to the Governor of Texas for submittal to the Regional Administrator of the EPA as a proposed revision to the SIP 

pursuant to Section 110 of the Federal Clean Air Act, as amended. 

PASSED AND APPROVED at the regular meeting of the TACB in Austin, Texas, on 

this the 16th day of July, 1993. 

TEXAS AIR CONTROL BOARD 

BY: ~rk P. Watson, Chairman WilliaJII !1. Quortrup, Member 

Bob G. Bailey, Vice Chairman c. !1. Rivers, Member 

Elaine Barron, M.D., Member Warren !1. Roberts, Member 

' 
BOARD ORDER NO. 93-17 

PAGE THREE 

TEXAS AIR CONTROL BOARD 

Jack v. Matson, Ph.D., P.E., Member 

Calvin B. Parnell, Jr., Ph.D., P.E., 

Member 

ATTEST: 

William R. Campbell 

Executive Director 

(SEAL) 

Mary Anne Wyatt, Member