## Texas Revisions to 30 TACChapter 116, Subchapter E, Emergency Orders, §§116.410 to 116.418,with revisions to Chapter 116 submitted to EPA August 31, 1993. This document contains onlyChapter 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-0006-0003to EPA-R06-OAR-2004-TX0006-0008; and  docket EPA-R06-OAR-2011-0426, document EPA-R06- OAR-2011-0426-0003.

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ANNW.RJCHARDS GOVERNOR STATE OF TEXAS OFFICE oF THE GovERNOR Au sTlN, TE X As 7 8 7 1 1 August 31, 1993

Mr. JoeWinkle Regional Administrator 

### u.s. Environmental ProtectionAgency Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 DearMr. Winkle:**r_~:-1--,-j'·':-D** 

### r-.

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Enclosed are amendments to RegulationVI, concerning Control of Air Pollutionby Permits for New Construction orModification, and the General Rules, concerningDefinitions, whichwere adopted by theTACB onAugust 16, 1993. These amendments are being submitted to you as a proposedrevision to the Texas State Implementation Plan (SIP}. Also enclosed is a publichearings certification, as requiredby40 CFR 51.102(f); a completerecord ofthepublichearings; and Board OrderNo. 93-17. The intent of these amendments is toreorganize RegulationVI, to replace operatingpermitswith operations certification, to revise nonattainment rules anddefinitions, to limit standard exemption applicability innonattainment areas, and to obtain voluntary certification of standardexemption emission rates. Revisions to Standard Exemption 89 for ethylene oxide sterilizers clarify and restrict applicability. Also included are changes recommended by theTACB July 26,**199~**PermitsWorkshop to streamline thepermits process, includingpermit alteration procedure, clarification of standardexemptionuse, and informationtobe included in a hearingrequest. In addition, amendments aremade to definitions inthe General Rules todelete the nonattainment definitions whichwill 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. WilliamR. Campbell, Executive Director, Texas Air Control Board

### TEXAS AIR CONTROL BOARD PUBLIC HEARINGS MARCH 16 

### &31, 1993 

### REGULATION VI1 

### GENERAL RULES AND STANDARD EXEMPTION LISr VOLUME 2 OF 2 

### EVALUATION 

### &RECOMMENDATIONINTRODUCTION
Apublic hearing was held in Austin onMarch 16, 1993 and in Houston on March 31, 1993 to considertheproposedreorganization of Regulation VI, concerning Control ofAir Pollution By Permits For New Construction orModification, and amendments to the definitions in the General Rules.
Written comments were accepted throughApril 9, 1993. All testimony and comments have beenreviewed and seriously considered. This volume contains a completerecord 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 hearingrecord aremaintained in the TACB Central Office at 12124 Park 35 Circle, Austin, Texas 78753. For further information, contactMr. GaryMcArthur at (512) 908- 1917.

# STAFF RECOMMENDATIONSSUBCHAPTER 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) Adescription 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 itemthe 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 compliancewith any federal requirements for new ormodified 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 hearingwhich 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 bewarranted and practicable under the circumstances. Notice of the issuance and notice of the hearing may be consolidated for publication in the Texas Register.
945116.413. Public Hearing for an Emergency Order.
Apublic hearing on the merits and needs of an emergency order shall be held eitherprior to or following issuance of the order. If the hearing is heldprior 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 withprovisions 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, severeproperty damage, or severe economic loss not attributable to the applicant's actions and are necessary for the addition, replacement,

95or 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 otherproperty owned by the owner or operator of the damaged facility whichproduces 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 inthe 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) Adescription 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 otherproperty owned by the owner or operator of the damaged facility, which also produces the same intermediates, products, or byproducts, provided there will be nomore than a de minimis increase in the concentration of air contaminants at or beyond the property line at such other property; and
(4) Aschedule for submission of a complete construction permit application under provisions of the Texas Clean Air Act, §382.0518.
97S116.416. Requirement to Apply for a Permit orModification.
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 Bof 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 Bof 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 98necessary 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. SettingAside 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 ormodified and adopted as modified.

99TEXAS AIR COB'.rllOL BOARD 12124 PARX 35 CXRCLB AD'STDI, TEXAS

BOARD ORDER

HO. 93-17 AGENDA ITEM 6

WBERBAS, pursuantto Section 382.017 oftheTexas CleanAirAct (TCAA), Section 5 of theAdministrative Procedure andTexas RegisterAct, and Section 51.102 ofTitle 40 ofthe COde ofFederalRequlations, the Texas Air Control Board (TACB orBoard), afterpropernotices, conductedpublic hearings onMarch 16 and 31, 1993 to considerproposed amendments toRequlationVI and the State ImplementationPlan (SIP); and WHEREAS, the Boardduly circulatedto interestedpersons, theRegional Administrator of the

### u.s. Environmental ProtectionAgency (EPA), andall applicable local air pollution control agencies hearingnotices of its intended action; and WHEREAS, interestedpersons were invitedto submitdata, views, andrecommendations ontheproposed amendments, eitherorallyor inwriting, at the hearings; and WHEREAS, copies of theproposed amendments were available for public inspection at the Board's central office andregional officespriorto the scheduled hearings; and WHEREAS, data, views, and recommendations of interestedpersons were submitted to the Board at the hearings andwere consideredbythe Board as reflected inthe attachedHearingRecord, which is hereby incorporated andmade a partof this Order; and WHEREAS, the Board finds that saidHearingRecord includes the names of all interested groups or associations offering**co~~ent** onthe amendments and their position concerningtheproposed amendments; and WHEREAS, Section 382.017 ofthe TCAA gives the Board authority to make rules and regulations consistentwiththe policies andpurposes of the TCAA; andBOARD ORDER NO. 93-17 PAGE TWO WHEREAS, the Board finds that the reasonedjustification and factual bases for the amendments are fully set out inthe sectiontitledEvaluation inthe attached Hearing Record; and WHEREAS, the Board hereby certifiesthat the amendments, as adopted, has been reviewedby legal counsel and found to be a validexercise of the Board's legal authority; HOW1 THEREFORE, BE ITORDERED BY THE UCB TliAT: 1. The SIP revision appendedto this Order is hereby adopted and promulgated; and 2. The Executive Director is instructedto file a certified copy of the adopted amendments with the Secretaryof Statepursuant to theAdministrative Procedure and Texas RegisterAct. 3. The Executive Director is instructedto transmit a certified copy ofthis Order, together with the adopted amendments, to the Governor ofTexas for submittal to the Regional Administrator of the EPA as a proposedrevisiontothe SIP pursuant to Section 110 of the Federal CleanAirAct, as amended. PASSED AND APPROVED at the regularmeeting of the TACB inAustin, 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
CalvinB. Parnell, Jr., Ph.D., P.E., Member

ATTEST:

William R. Campbell Executive Director (SEAL) Mary AnneWyatt, Member