STATE OF TEXAS OFFICE OF THE GOVERNOR GEORGE W. BUSH GOVERNOR 

### December 15, 1995

Ms. Jane Saginaw Regional Administrator U.S. EnvironmentalProtectionAgency Region 6 1445 RossAvenue Dallas, Texas 75202-2733 DearMs. Saginaw:

# W[',~i': :'JOO

NSRSECTION 

### GUN l

__

### --:::.:..:.:::.:.------o



# ----- Enclosed arerevisions to 30 TAC Chapter 16, whichwere adoptedbythe TexasNatural Resource ConservationCommission (TNRCC) onNovember 16, 1995. Sections 116.310-116.314, concerningPermitRenewals, were amendedto incorporatethe portion ofSenateBill 1125, 74th TexasLegislature, 1995, concerning airquality permitrenewals. New 

### §116.311(b) was addedto specifythat, atthetime ofpermitrenewal, the commission maynotimposerequirements more stringentthanthose ofthe existing permitunless the TNRCC determines thatitis necessaryto avoid aconditionofairpollution orto ensure compliancewith otherwise applicablefederal or state airquality control requirements. In addition, minoradministrativechanges were adoptedintheremaining sections for consistencywiththe new §116.311(b) andtoupdatereferences. Also enclosedis apublic hearing certification, as requiredby40 CFR §51.102(f); acompleterecord ofthe public hearing; andthe adoption Order. I lookforward to yourexpeditious approval ofthis revisionto the Texas SIP.

GWB:ab

cc: 

### Mr. Barry R. 

### McBee, Chairman, TexasNaturalResource Conservation Commission 

### Mr. DanPearson, ExecutiveDirector, Texas Natural Resource Conservation Commission

POST OmcE Box 12428 AUSTIN, TEXAS 78711 (512) 463-2000 (VOICE)/(512) 475-3165 (roD)Barry R. McBee, Chairman R. B. "Ralph" Marquez, Commissioner John M. Baker, Commissioner Dan Pearson, Executive Director 

### TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas byReducingandPreventingPollution

THE STATE OF TEXAS § COUNTY OF TRAVIS §

This is to certify that the attached are true and correctcopies ofrevisions to 30 TAC Chapter 116 and the State Implementation Plan adopted on November 16, 1995 pursuant to 40 Code of Federal Regulations (CFR), §51.104. Priorto the adoption ofthe revision, apublic hearing was held pursuant to 40 CFR, §51.102(a), and notice ofthe hearing was givenwhich conformedto the requirements of40 CFR, §51.102(d). I am the custodian ofthe records ofthe Commission.

To certify which, witness my hand and the seal ofthe Texas Natural Resource Conservation Commission, this tae 16th day ofNovember, 1995.

# G~~;;/~**~-~---'t----** Chief Clerk Texas Natural Resource Conservation

Commission (SEAL)

P.O. Box 13087 Austin, Texas 78711·3087

. r: nted on recycled paper usmg $oy,bued ink 512/239·1000Texas Natural Resource Conservation Commission Public Hearing September 21, 1995 30 TAC Chapter 116 Senate Bill 1125 RevisionsINTRODUCTION

Apublichearing was held inAustin on September21, 1995 to consider revisions to §§116.31O-116.314, concerning NotificationofPermitHolder; PermitRenewal Application; Public Notification and Comment Procedures; Renewal Application Fees; and Review Schedule.

Theprimarypurpose ofthe revisions was to add new §116.311(b), which states that at the time ofpermit renewal, apermitmay notbe made more stringentunless the TNRCC determines that it is necessary to avoid a condition ofair pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements. Minor administrative changes were also proposed in the other sections for consistency with the new §116.311(b) and to update references.

Written comments were accepted through September 21, 1995. All testimony and comments have been reviewed and seriously considered. This volume contains a complete record ofthe public hearing and is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation ofTestimony

o StaffRecommendations

Additional copies ofthis hearing record are maintained inthe TNRCC central office at 12100North IH-35

### , Austin, Texas 78753. For further information, contact SamWells at (512) 239-1441.

# PUBLIC NOTIFICATION AND PROPOSALPUBLIC NOTIFICATION

Notification to the public ofthe proposed revisions was conductedby the following procedures:

1. Publication ofthe notice ofpublic hearing inthe following newspapers onthe dates listed:

AustinAmerican-Statesman; August 23, 1995 FortWorth Star-Telegram; August 22, 1995 Houston Chronicle; August 22, 1995

2. Publication ofthe public hearing notice and proposed rule inthe Texas Register on August 22, 1995.

3. Correspondence forwarding the notice ofpublic hearings to the following officials and agencies:

Speakerofthe House Lieutenant Governor Dallas Department ofHealth and Human Services EI Paso City-County Health District FortWorth Public Health Department GalvestonCounty Health District Houston Department ofHealth and Human Services Harris County Pollution Control Department City ofEI PasoNorth Central Texas Council ofGovernments Houston-Galveston Area Council South EastTexas Regional Planning Commission Arkansas Department ofPollution Control and Ecology Louisiana Department ofEnvironmental Quality New Mexico Air Quality Bureau Oklahoma State Department ofHealth U. S. Environmental ProtectionAgency

### EXAMPLE QF NEWSPAPER CLASSIFIED AD Fort Worth Star-Telegram August 22, 1995

NOTICE OF PUBLIC HEARING I

, BYTHE TEXAS NATURAL RESOURCE CONSERVATION""]

._ COMMISSION ON PRO- ; ,- POSED REVISIONS TO :- -'-CHAPTER f 16AND THE STATE IMPLEMENTATION PLAN**N~~s':.a~t h~~ebrhliv~~Q~~:t**  mentl of the Texas Health _Illd Safety- Code. Section

382.017; ,Texas Govern-

"**3'~:t;.0~6bl~':,t'ncdh~gt't0ge**

,**r~~t.Fgr~f~'2 o~~~''tl::lr:cl** 

States En\'ironmental Protection Agency regulations concerning State Implemen- tation Plans (SIP). the Texas Natural Resource ConseNation Commission (TNRCC or commission) will conduct a' public hearingtl? receivetes· timony concernrng reVISIons**T~~ C~1J'~6'Cllp~~;gs~:** **~~Vi-** sions to Sections lJ6,31Q.**~~t?ci~101'p~~:;,'iteH~r!er~~~f;'** mit Renewal Application; Public Notification and Corn- ment Procedures; Renewal. Application Fees; and Review Schedule.

, The primary purpose of the'

revisions is to add new Sec· tion 116.311lb), which. states that at the tIme of permit renewal. a permrt may not be made more stnfl. gent unless the TNRCC de· fermine that it is necessary to avoid a condition of aor pollution or to ensure corn- pliance with otherwise appli- cable lederal or state air quality control requirements, Minor administrative chang- es are also proposed in the other sections for consisten

### H**6~Tl l~e**  a:c.e'to**~~~~~~** references. A public hearing on the pro-**~osal** will be held September

,**R~~ ~1~s** **a~ ~jSl~C8'lruil~** 

ing E, located at 1211 8 North 1H-35, Park 35 Technofogy Center. Austin. The**~:~~l~f i~,st~~;fu~rd** **~riJ~~ ~~~':'~~afv~Ju~~er~~t;dp~:~:**  ent oral statements when called upon in order of regis· tration. Open diSCUSSIOn within the audience will not**gg~':ve~,uri~g i~~c~ea~ra!jj**  member will be available to discuss the proposal 30 minutes prior to the hearing and will answer Questions before and afterthe hearing. Wntten comments not pre--**~:n~~~~ih~~et~~~~n1N~c** central office in Austin. The deadline for submission of written comments will be 30 days after the date of publi· !'ation of the proposed rules ,n the Texas Register. Material received by the TNRCC**~ceD~~,,';g~~e~ndb Ref~6~**  p.m. on that date will**~e** con- sidered by the commission prior to any final action on the proposal. Please mail comments to Lisa Martin. Of· fice of Policy and Re8ulat08,**~g~elf~3lr9t. ~u~t~,**  5t: xas 78711.3087, and reference**~~~~ra~~~~~;0~a~95~;~** ments to (512)**239·~687,** Copies of the revisior are available atthe central offIce of the TNRCCI Air Policy and**:{~~f~~n~g~;.s\'ti~3~c~~~~** 35, Technology Center, Buildi'!& E. AustIn. ana at all TNRCC regional offices. For further imormation, please contact Sam Wells at (512) 239·1441. Persons with disabilities who**~~ve o~~~iala~~~~::'~a:~:~~**  needs who are planning te attend the hearong should contact the agency at (512) 239-4900. Request should be made as far in advance as possible. Issued in Austin, Texas. on Ju- ly 26.1995. /s/lydia Gonzalez·Gromatzky Acting Director. legal Services DIVISion Texes Natural Resource Conservation Co'!'mlsslonTNRCC. Legal Services Division. P.O. Box 13087. MC173. Austin. Texas 78711-3087. Issued in Austin. Texas. on August 15, 1995. TRD-9510311 Lydia Gonzalez-Gromatzky DlnlClor, Legal services Division Tex81 Natural Reaource Conservation Commission Filed: August 15. 1995 

# • • Notice of Public Hearing 

# • the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on August 15, 1995. TRD·951 0342 Lydia Gonzales-Gromatzky Acting DlnlClOr, Legal Services Division Tex

.. Natural Resource Conservation Commission Filed: August 16. 1995 

# • • 

# • Notice of Public Hearing (Chapter 116) Noticeisherebygiventhatpursuantto therequirements of the Texas Health and Safety Code. §382.017; Texas Government Code. SubchapterB. Chapter 2001; and 40 Code ofFederalRegulations. §51.102 ofthe United StatesEnvironmental Protection Agency regulations concerning State Implementation Plans (SIP). the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct apublic hearing to receive testimony concerning revisions to Chapter 101 and the SIP. The 1NRCC proposes revisions to §101.2. concerning Multiple Air Contaminant Sources orProperties. The proposed amendment would eliminate the 50.000 population limitation and would limit the use of the provision to properties under the control of a single entity which has been or will be divided and placed under the control of separate entities. creating a new property line configuration or for those properties operated or intended to be operated as an integratedplant orplants where individual facilities are owned by separate entities. but all facilities are under the control of a single entity. The proposed amendment would further restrictcontiguous properties to those separated only byroads. railroads. and rights-of-way which are considered part of the property or properties. Apublic hearing on the proposal will be held September 21. 1995. at 10:00 a.m. in Room 254S ofTNRCC Building B. located at 12118 North IH-35, Park 35 TechnoloiY Center.**A~stin·.** The hearing is structuredfor thereceiptof oral or wntten comments by interested persons. Individuals maypresentoral statements when called upon in order ofregistration. Open discussion within the audience will not occur during the hearing; however. a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC central offlce in Austin. The deadline for submission of written comments will be 30 days after the date ofpublication of the proposal in the Te;ocQsRegister. MaterialreceivedbytheTNRCC Officeof Policy**~nd Regul~tory**  Development by 4:00 p.m. on that date**Wi~** be conSidered by the commission prior to any final actionon theproposal. Pleasemail comments to Lisa Martin. Office of Policy and Regulatory Development. MC 205. P.O. Box 13087. Austin. Texas 78711-3087. and reference Rules Tracking Log #95111-101-AI. Please fax comments to (512) 239-5687. Copies of the revision are available at the central office ofthe TNRCC. Air Policy and Regulations Division. located at 12118 North rn-35. Park 35 Technology Center. BuildingE. Austin. and at all TNRCC regional offices. For further information. please contact John Gillen at (512) 239-1415. Persons with disabilities who have special communication or other accommodation needs who are planning to attend



# • Notice is hereby given thatpursuantto therequirements of the Texas Health and Safety Code. §382.017; Texas GovernmentCode. Subchapter B. Chapter 2001; and 40 Code ofFederal Regulations. §51.102 ofthe United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP). the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct apublic hearing to receive testimony concerning revisions to Chapter 116 and the SIP. The TNRCC proposes revisions to §§116.310-116.314. concerningNotification ofPermitHolder; PermitRenewal Application; PublicNotification andCommentProcedures: Renewal Application Fees; and Review Schedule. The primary purpose of the revisions is to add new §116,311(b). which states that at the time of permit renewal. apermitmaynotbemademore stringentunlessthe**~CC ~eterm~es**  that it is necessary to avoid acondi-'" hon ofau pollution or to ensure compliance with other-

. wise applicable federal or state air quality control require-

.**~.** ments. Minor administrative changes are also proposed in the other sections for consistency with the new §116,311(b) and to update references. Apublic hearing on the proposal will be held September 21, 1995. at2:00p. m. in Room2545 ofTNRCC Building B, located at 12118 North IH-35, Park 35 Technology Center,**A~stin.** Thehearing is structured for the receiptof oral or written comments by interested persons. Individuals maypresentoral statements when called upon in order ofregistration. Open discussion within the audience will not occur during the hearing: however. a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin. The deadline for submission of written comments will be 30 days after the date ofpublication ofthe proposed rules in the Te.\·as Register. Material received by the TNRCC Office of Policy and RegulatOry Development by 4:00 p.m. on that date will be considered by the commission prior to any flnal action on the proposal. Please mail comments to UsaMartin. OfficeofPolicy and Regulatory Development. MC 205. P.O. Box 13087. Austin. Texas 78711-3087. and reference Rules Tracking Log #95138- 116-AI. Please fax comments to (512) 239-5687. Copies of the revision are available at the central office of the TNRCC. Air Policy and Regulations Division. located at 12118**~orth** IH-35. Park 35 Technology Center. Building E. Austln. and at all TNRCC regional offices. For further information. please contact Sam Wells at (512) 239-1441. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900.
IN ADDITION August 22, 1995 20 TexReg 6517Notice is given to the public ofthe intent to flle with the Public Utility Commission of Texas' an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval ofcustomer-specific PLEXAR-Custom Service for Tarrant County, Fort Worth. Texas. TariffTitle andNumber. ApplicationofSouthwesternBell Telephone Company for PLEXAR-Custom Service for Tarrant County pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 14542. The Application. Southwestern Bell Telephone Company is requesting approval of a 773-station addition to the existingPLEXAR-Custom service for TarrantCounty. The geographic service market for this specific service is the Fort Worth. Texas area. The Application. Southwestern Bell Telephone Company is requesting approval of a customer-specific contract for Billing and Collection Services with MIDCOM Communications. Inc. doing business as Logicall. The geographic servicemarketfor this specific service is anywhere within the state ofTexas where MIDCOM Communications, Inc. doing business asLogicall provides services to Southwestern Bell end user customers.
. Persons who wish to comment upon the action sought should contact the Public Utility Commission ofTexas. at 7800 Shoal CreekBoulevard. Austin. Texas 78757. orcall the Public Utility Commission Consumer Affairs Division at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on August 14, 1995. TAO-9510281 Paula Mueller Secretary or the Commission Public Utility Commission of Texas Filed: August 14, 1995

Notice is given to the public ofthe intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval ofcustomer-specific PLEXAR-Custom Service for Lubbock County. Lubbock. Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Lubbock County pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 14274. The Application. Southwestern Bell Telephone Company is requesting approval ofanew PLEXAR-Custom service for Lubbock County. The geographic service market for this specific service is the Lubbock. Texas area. Persons who wish to comment upon the action sought shouldcontact the Public Utility Commission ofTexas. at 7800 Shoal CreekBoulevard. Austin. Texas 78757, orcall the Public Utility Commission Consumer Affairs Division at (512) 458-0256. or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on August 14, 1995. TAO-951 0282 Paula Mueller Secretary 01 the Commission Public Utility Commission 01 Texas Filed: August 14, 1995 Requests should be made as far in advance as possible. Issued in Austin, Texas, on August 14. 1995. TAO·951 0314 Lydia GonzaJez-Gromatzky Olr8clor. Legal services 0 ivision Texu Natural Rnource COl'I88rvatlon Commission Filed: August 15, 1995 

# • • • Texas Department of Public Safety Administrative license Revocation (ALR) Public Hearing Notice The Texas Department of Public Safety. in accordance with Administrative Procedure Act. and Texas**Govern~** ment Code §2001.29. is holding a public hearing on August23. 1995. at9:00 a.m., in theDepartmentofPublic SafetyConferenceRoom B. 5805 NorthLamarBoulevard. Austin. Texas. The purposeofthe hearing is toreceivecommentfrom all interestedpersons regarding adoption ofthe amendmentto Administrative License Revocation (ALR) rule-§§17.1. 17.11. and 17.16 pursuant to Texas Civil Statutes. Article 6687b; Texas Civil Statues, Article 6687b-l; Texas Civil Statues, Article 67011-5. and Texas Penal Code. Chapter 49. The proposed rule was published in the June 6. 1995. issue ofthe Texas Register. (20 TexReg 4119), regarding Administrative License Revocation (ALR). The hearing is in response to one request for a public hearing: This requestis from the Texas Criminal Defense Lawyers Association. Persons interestedin attending this hearing areencouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Letters should be addressed to John C. West. Jr., Chief of Legal Services. Texas Department of Public Safety. Box 4087. Austin. Texas 78773-0001. This hearing will be conducted in accordance with the Texas Department of Public Safety's General Rules of Practice and Procedure. §§29.1-29.49. Issued in Austin. Texas on August 11. 1995. TAO·9510291 James A. WlIson Olnactor Texu OepaJtment of Pubftc Safety Filed: August 15, 1995 

# • 

# • • Public Utility Commission of Texas Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public ofthe intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval ofcustomer-specific contract for Billing and Collection Services. TwfTitle andNumber. Application ofSouthwesternBell Telephone Company for Approval of a Customer-specific contract pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 14538. 

# •

• •

• •



# •

20 TexReg 6518 August 22, 1995 Texas Register •

### Chapter 116. Control of Air Pollution by Permits for New Construction or Modification Subchapter D. Permit Renewals

• 30 TAC §§116.310-116.314 The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes amendments to §116.310, concerning Notification of Permit Holder, §116.311, concerning Permit Renewal Application, §116.312, concerning Public Notification and Comment Procedures, §116.313, regarding Renewal Application Fees, and §116.314, concerning Review Schedule. The TNRCC permit renewal criteria and procedures are being modified pursuant to Senate Bill 1125 (74th Legislature). The main regulatory change is the proposal of new §116.311 (b), which states that, at the time of permit renewal, the TNRCC may not impose more stringent permit conditions unless the TNRCC determines that it is necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements. Some minor administrative changes are proposed in other sections for consistency with new §116.311(b) or for editorial matters, such as the change of the Texas Air Control Board to the TNRCC. Steve Minick, Strategic Planning and Appropriations Division, has determined that for the firstfive-year period the sections are in effect there will be no major fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Minick also has determined that for each year ofthe first five years the sections are in effectthe public benefit anticipated as a result of enforcing the sections will be better utilization of staff resources by allowing the permits staff to allocate more time to the review of permit applications for new facilities, and to reduce the review time for permit renewals for existing facilities. There will be negligible coststothe regulated community and no new economic costs to persons who are required to comply with the sections as proposed. A public hearing on the proposal will be held September 21, 1995, at 2:00 p. m. in Room 2545 ofTNRCC Building E, located at 12118 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin. The deadline for submission of written comments will be 30 days after the date of publication of this proposal in the Texas Register. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on that date will be considered by the commission prior to any final action on the proposal. Please mail comments to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087. Please fax comments to (512) 239-5687. Copies of the revision are available at the central office of the TNRCC located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For further information, contact Sam Wells at (512) 239-1441. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. The amendments are proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA.
, The proposed amendments implement the Texas Health and Safety Code, §382. 017. §1l6.31O. Notification of Permit Holder. The Texas Natural Resource Conservation Commission (TNRCC) shall provide written notice to the holder of a permit that the permit is scheduled for review. Such notice will be provided by certified or registered United States Mail no less than 180 days prior to the expiration of the permit. The notice shall specify the procedure for filing an application for review and the information to be included in the application. The application shall be completed by the holder of the permit and returned to the TNRCC within 90 days of receipt of the notice. Pursuant to Texas Civil Statutes, Article 9027 [Chapter691. House Bill 1393 (nnd Legislature)], the TNRCC shall exempt a holder of a permit from any increased fee or other penalty for failure to renew the permit if the individual establishes, to the satisfaction of the TNRCC, that the failure to renew in a timely manner occurred because the individual was on active duty in the United States Armed Forces serving outside the State of Texas. §116.311. Permit Renewal Application. (a) In order to be granted a permit renewal, the owner or operator of the facility shall submit information in support of the application which demonstrates that: [(1) the emissions from the facility comply with all applicable specifications and requirements in the Texas Natural Resource Conservation Commission (1NRCC) rules and the Texas Clean Air Act (TCAA):] (1)[(2)] the facility is'being operated in accordance with all requirements and conditions of the existing permit, including emissions related representations in the application for permit to construct and subsequent amendments, and any previously granted renewal; [(3) the facility has appropriate means to measure the emission of significant air contaminants as determined to be necessary by the Executive Director; [(4) the facility uses that control technology determined by the Executive Director to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area:] (2)[(5)] the emissions from the facility meet at least the requirements of any applicable new source performance standards promulgated by the United States Environmental Protection Agency (EPA) under the authority of the Federal Clean Air Act (FCAA), §lll. as amended; and /, (3)[(6)] the emissions from the facility meet at least the requirements of any applicable emission standard for haz· ardous air pollutants promulgated by EPA under the authority of the FCAA, §11'2. as amended. 

### 't.". (b) In addition to the require-'· ments in subsection (a) of this section. if the TNRCC determines it necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements, then: (I) the applicant may be reo quired to submit additional information regarding the emissions from the facility and their impacts on the surrounding area; and (2) the TNRCC shall impose as a condition for renewal those requirements the executive director determines to be economically reasonable and technically pl'acticable considering the age of the facility and the impact of its emissions on the surrounding area. (c)[(b)] The TNRCC shall review the compliance history of the facility in consideration of granting a permit renewal. The compliance history review shall be conducted in accordance with §§116.l20- 116.126 of this title (relating to Compliance History) [the undesignated head in Subchapter B relating to Compliance History]. In order for the permit to be renewed. the application shall include information demonstrating that the facility is or has been in substantial compliance with the provisions of the TCAA and the terms of the existing permit. If the facility has a history which demonstrates failure to maintain substantial compliance with the provisions of

• PROPOSED RULES August 22, 1995 20 TexReg 6393Proposed date of adoption: October 26. 1995 For further information, please call: (512) 239-1966 renewal requirements. The report shall be forwarded to thepermitholder no later than 180 days after the Texas Natural Resource

.. Conservation Commission (TNRCC) reo ceives a completed application. The permit shallbe renewedifthe requirements aremet according to the schedule specified in the report and theexecutive director shallnotify the permit holder in writing of the permit renewal. However. if denial is based on failure to maintain substantial compliance with the provisions of the Texas Clean Air Act or the terms of the existing permit pursuant to §1l6.311(c) [(b)] of this title. the renewal denial shall be fmal. and the executive director shall notify the permit holder in writing of the denial. (b) Contested case hearing. In the event that the permit holder fails to satisfy the TNRCC requirements for corrective action by the deadline specified in the TNRCC report. the applicant shall be required to show cause in a contested case proceeding why the permit should not expire. The proceeding will be conducted ," pursuant to the requirements ofthe Admin· istrative Procedure Act, Chapter 2001, Texas Government Code [Administrative Procedure and Texas Register Act. Texas Civil Statutes. Article 6252-13a].

. "( (c) Effective date of existing**per~** mit. An existing permit shall remain effective until it is renewed. or until the deadline specified in the executive director's report to the permit holder. or until a date specified in any commission order entered following a contested case hearing held pursuant to subsection (b) of this section. An existing permit shall remain in effect during the course of a contested case hearing ifthe hearing proceeds beyond the permit expiration as identified in §1I6.311(d) [(c)] of this title. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 14, 1995. TRD·9510313 Lydia Gonzalez-Gromalzky Acting Director, Legal Services Division Texas Natural Resource Conservallon Commission the TCAA or the terms of the eXIStIng permit. the renewal shall not be granted. If it is found that violations in the compliance history constitute a recurring pattern of egregious conduct which demonstrates a consistent disregard for the regulatory process, including failure to make a timely and substantial attempt to correct the violations. the renewal shall be denied. If a contested case hearing has not been called. then the staffmust notify the applicant of the intent to recommend denial and state the basis of the findings. The applicant will be given an opportunity to respond to the notice. If the findings reflect a pattern of disregard for applicable regulations which do not warrant denial. additional conditions may be placed in the permit. (d)[(c)] Apermitholder thatfails to submit an application for review and renewal within 90 days after receiving notification from the TNRCC pursuant to §1I6.310 ofthis title (relating to Notification of Permit Holder) [subsection (a) of this section], will cause the subject permit to expire. unless the time period for the submission ofthe application is extendedby the executive director. Permits are subject to the following renewal schedule: (1) anypermit issued before December I. 1991. is subject for review 15 years after the date of issuance; or (2) any permit issued on or after December 1, 1991, is subject for review every ten years after the date of issuance; (3) for cause. apermit issued on orafter December 1. 1991, for afacility at a nonfederal source may contain a provision requiring the permit to be renewed at a period of between five and ten years. §J/6.312. Public Notification andComment Procedures. The executive director shall mail a written notification to the permit holder within 30 days of receipt of a completed application for permit review and renewal. as determined by the executive director [of the Texas Natural Resource Conservation Commission (TNRCC)]. The notification will acknowledge receipt ofthe application and require the applicant to provide public notice of the application for permit renewal according to §1l6.132 of this title (relating to Public Notice Format) and §1l6.l33 of this title (relating to Sign Posting Requirements). All requirements pertaining to signs andpublic notification in §1I6.132 and §1I6.l33 of this title and §1I6.J34 ofthis title (relating to Notifica· tion of Affected Agencies) and to public comments in §II6. 136 ofthis title (relating to Public Comment Procedures). which apply to proposed construction, proposed facilities, and permit applications shall apply likewise to proposed renewals. existing facilities, and renewal applications. The sign heading required under §1I6.133(a)(2) of this title shall read "PROPOSED RENEWAL OF AIR QUAUTY PERMIT." When newspaper notices are published in accordance with §1I6.132 of this title. the applicant for permit renewal shall furnish a copy of such notices and dates ofpublica-

. tion to the TNRCC in Austin and all local

air pollution control agencies withjurisdiction in the county in which the facility is located. Along with such notices furnished to the TNRCC. the applicant shall certify that the signs required by §1I6.l33 of this title have been posted in accordance with the provisions of §1l6.l33(a)(2). §1l6.313. Renewal Application Fees. (a) The holder of a permit to be reviewed for renewal by the Texas Natural Resource Conservation Commission (TNRCC) shall remit a fee with each renewal application. pursuant to the Texas Clean AirAct. §382.062(a)(l) (B). basedon the total annual allowable emissions from the permitted facility for which the renewal is beipg sought. as applied to the following table: Figure: 30 TAC §116.313(a) (b) This fee shall be due and payable at the time application for review and renewal is filed with the TNRCC in response to written notice from the TNRCC consistent with §116.310 ofthis title (relating to Notification of Permit Holder). No fee will be accepted before the permit holder has been notified by the TNRCC that the permit is scheduled for review. The basis for fees is the schedule in effect at the time the application is ftled. All permit review fees shall be remitted by check or money order payable to the TNRCC and mailed to the TNRCC, P.O. Box 13087, MC 162, Austin, Texas 78711-3087 [located at 12124 Park 35 Circle, Austin. Texas 78753]. Required fees must be received before the agency will consider an application to be complete. §lJ6.3/4. Review Schedule. (a) Renewal of permit. Subsequent to review. the executive director shall renew a permit if it is determined the facility meets the requirements of §116.311 of this title (relating to Permit Renewal Applications) and §II6.3 12 of this title (relating to Public Notification and Comment Procedures). The executive director shall notify the permit holder in writing ofthe decision regarding renewal. If the permit cannot be renewed. the executive director shall forward, with the notice. a report which describes the basis for the determination. If denial is based on failure to meet the reirements of §1I6.3II(a) or (b) of this

....Je. the executive director's report shall establish a schedule for compliance with the 

# • • •

20 TexReg 6394 August 22, 1995 Texas Register +John Hall, Chairman Pam Reed, Commissioner R. B. "Ralph" Marquez, Commissioner Dan Pearson, ExecutiveDirector 

## TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas byReducingandPreventingPollution



### NOTICE OF PUBLIC HEARING BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ON PROPOSED REVISIONS TO CHAPTER 116 AND THE STATE IMPLEMENTATION PLAN
Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, §382. 017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions" to Chapter 116 and the SIP. The TNRCC proposes revisions to §§116.310-116.314, concerning Notification of Permit Holder; Permit Renewal Application; Public Notification and Comment Procedures; Renewal Application Fees; and Review Schedule. The primary purpose of the revisions is to add new §116.311(b), which states that at the time of permit renewal, a permit may not" be made more stringent unless the TNRCC determines that it is necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements. Minor administrative changes are also proposed in the other sections for consistency with the new §116.311(b) and to update references. A public hearing on the proposal will be held September 21, 1995, at 2:00 p.m. in Room 254S of TNRCC Building E, located at 12118" North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

P.O. Box 13087 Austin, Texas 78711·3087 printed on fecycled parer using**lCI)'·ba~d** ink 512/239·1000

### PAGE TWO
Written comments not presented at the hearing may be submitted to' the TNRCC central office in Austin. The deadline for submission of written comments will be 30 days after the date of publication of the proposed rules in the Texas Register. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on that date will be considered by the commission prior to any final action on the proposal. Please mail comments to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, and reference Rules Tracking Log #95138- 116-AI. Please fax comments to (512) 239-5687. Copies of the revision are available at the central office of the TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For further information, please contact Sam Wells at (512) 239-1441. Persons with disabilities'who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on July 26, 1995.

atzky**~eo.~~~gal** 

### Services

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 1 of 15

The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes amendments to §116.310, concerning Notification of Permit Holder, §116.311, concerning Permit Renewal Application, §116.312, concerning Public Notification and Comment Procedures, §116.313, regarding Renewal Application Fees, and §116.314, concerning Review Schedule. The TNRCC permit renewal criteria and procedures are being modified pursuant to Senate Bill 1125 (74th Legislature)

.

The main regulatory change is the proposal of new §116.311(b), which states that, at the time of permit renewal, the TNRCC may not impose more stringent permit conditions unless the TNRCC determines that it is necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements. Some minor administrative changes are proposed in other sections for consistency with new §116.311(b) or for editorial matters, such

as the change of the Texas Air Control Board to the TNRCC.

Steve Minick, Strategic Planning and Appropriations Division, has determined that for the first five-year period the sections are in effect there will be no major fiscal implications for state or

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 2 of 15

local government as a result of enforcing or administering the sections.

Mr. Minick also has determined that for each year of**t~e** 

### first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be better utilization of staff resources by allowing the permits staff to allocate more time to the review of permit applications for
new facilities, and to reduce the review time for permit renewals for existing facilities. There will be negligible costs to the regulated community and no new economic costs to persons who are required to comply with the sections as proposed.

A public hearing on the proposal will be held September 21, 1995 at 2:00 p.m. in Room 254 of TNRCC Building B, located at 12118 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing;**howev~r,** 

### a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 3 of 15

Written comments not presented at the hearing may be submitted to the TNRCC central office in Austin. The deadline for submission of written comments will be 30 days after the date of publication of this proposal in the Texas Register. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on that date will be considered by the commission prior to any final action on the proposal. Please mail comments to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087. Please fax comments to (512) 239-5687. Copies of the revision are available at the central office of the TNRCC located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For further information, contact Sam Wells at (512) 239-1441.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

The amendments are proposed under the Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.017, which provides the

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 4 of 15

TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA.

The proposed amendments and new sections implement the Texas Health and Safety Code, §382.017.

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 5 of 15

SUBCHAPTER D PERMIT RENEWALS'

§116.310. Notification of Permit Holder.

The Texas Natural Resource Conservation Commission (TNRCC) shall provide written notice to the holder of a permit that the permit is scheduled for review. Such notice will be provided by certified or registered United States Mail no less than 180 days prior to the expiration of the permit. The notice shall specify the procedure for filing an application for review and the information to be included in the application. The application shall be completed by the holder of the permit and returned to the TNRCC within 90 days of receipt of the notice. Pursuant to Texas civil Statutes. Article 9027 [Chapter 691, House Bill 1393 (72nd Legislature)], the TNRCC shall exempt a holder of a permit from any increased fee or other penalty for failure to renew the permit if the individual establishes, to the satisfaction of the TNRCC, that the failure to renew in
a timely manner occurred because the individual was on active duty in the United States Armed Forces serving outside the State of Texas.

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI §116.311. Permit Renewal Application. 

### Page 6 of 15

(a) In order to be granted a permit renewal, the owner or operator of the facility shall submit information in support of the application which demonstrates that:
[(1) the emissions from the facility comply with all applicable specifications and requirements in the Texas Natural Resource Conservation Commission (TNRCC) rules and the Texas Clean Air Act (TCAA);]
[(2)] the facility is being operated in accordance with all requirements and conditions of the existing permit, including emissions related representations in the application for permit to construct and subsequent amendments, and any previously granted renewal;
[(3) the facility has appropriate means to measure the emission of significant air contaminants as determined to be necessary by the Executive Director;
[(4) the facility uses that control technology determined by the Executive Director to be economically

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 7 of 15

reasonable and technically**prac~icable** 

### considering the age of the facility and the impact of its emissions on the surrounding areai]


### l2L [(5)] the emissions from the facility meet at least the requirements of any applicable new source performance standards promulgated by ,the United States Environmental Protection Agency (EPA) under the authority of the Federal Clean Air Act (FCAA), §111, as amendedi 

### and

[(6)] the emissions from the facility meet at least the requirements of any applicable emission standard for hazardous air pollutants promulgated by EPA under the authority of the FCAA, §112, as amended.
Cb) In addition to the requirements in subsection Cal of this section. if the TNRCC determines it necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air Quality control requirements. then:

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 8 of 15

(1) the applicant may be**reQui~ed** 

### to submit additional information regarding the emissions from the facility and their impacts on the surrounding area; and

(2) the TNRCC shall impose as a condition for renewal those requirements the executive director determines to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area.


### lQl [(b)] The TNRCC shall review the compliance history of the facility in consideration of granting a permit renewal. The compliance history review shall be conducted in accordance with §§116.12Q-116.126 of this title (relating to Compliance History>. [the undesignated head in Subchapter B relating to Compliance History.] In order for the permit to be renewed, the application shall include information demonstrating that the facility is or has been in substantial compliance with the provisions of the TCAA and the terms of the existing permit. If the facility has a history which demonstrates failure to maintain substantial compliance with the provisions of the TCAA or the terms of the existing permit, the renewal shall not be granted. If it is found that violations in the compliance history constitute a

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 9 of 15

recurring**pat~ern** 

### of egregious conduct which demonstrates a consistent disregard for the regulatory process, including failure to make a timely and substantial attempt to correct the violations, the renewal shall be denied. If a contested case hearing has not been called, then the staff must notify the applicant of the intent to recommend denial and state the basis of the findings. The applicant will be given an opportunity to respond to the notice. If the findings reflect a pattern of disregard for applicable regulations which do not warrant denial, additional conditions may be placed in the permit.



### ldl [(c)] A permit holder that fails to submit an application for review and renewal within 90 days after receiving notification from-the TNRCC pursuant to §116.310 of this title {relating to Notification of Permit Holder} [subsection (a) of this sect"ion], will cause the subject permit to expire, unless the time period for the submission of the application is extended by the executive director. Permits are subject to the following renewal schedule:
(1) any permit issued before December 1, 1991, is subject for review 15 years after the date of issuance; or

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 10 of 15.

(2) any**perm~t** 

### issued on or after December 1, 1991, is subject for review every ten years after the date of issuance;

(3) for cause, a permit issued on or after December 1, 1991, for a facility at a nonfederal source may contain a provision requiring the permit to be renewed at a period of between five and ten years.

§116.312. Public Notification and Comment Procedures.

The executive director shall mail a written notification to the permit holder within 30 days of receipt of a completed application for permit review and renewal, as determined by the executive director [of the Texas Natural Resource Conservation Commission (TNRCC)]. The notification will acknowledge receipt of the application and require the applicant to provide public notice of the application for permit renewal according to §116.132 of this title (relating to Public Notice Format) and §116.133 of this title (relating to Sign Posting**~equirements).** 

### All requirements pertaining to signs and public notification in §116.132 and §116.133 of this title and §116.134 of this title (relating to Notification of Affected Agencies) and to public

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 11 of 15

comments in §116.136 of this title (relating to Public Comment Procedures), which apply to proposed construction, proposed facilities, and permit applications shall apply likewise to proposed renewals, existing facilities, and renewal applications. The sign heading required under §116.133(a) (2) of this title shall read IIPROPOSED RENEWAL OF AIR QUALITY PERMIT. II When newspaper notices are published in accordance with §116.132 of this title, the applicant for permit renewal shall furnish a copy of such notices and dates of publication to the TNRCC in Austin and all local air pollution control agencies with jurisdiction in the county in which the facility is located. Along with such notices furnished to the TNRCC, the applicant shall certify that the signs required by §116.133 of this title have been posted in accordance with the provisions of that paragraph.

§116.3i3. Renewal Application Fees.



### lal The holder of a permit to be reviewed for renewal by the Texas Natural Resource Conservation CommissioB (TNRCC) shall remit a fee with each renewal application, pursuant to the Texas Clean Air Act, §382.062(a) (1) (B), 

### based on the total

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 12 of 15

annual allowable emissions from the permitted facility for which the renewal is being sought, as applied to the following table.

RENEWAL FEE TABLE*



## x = TOTAL ALLOWABLE (TONS/YEAR) BASE FEE INCREMENTAL FEE



# x s: 5 $ 300 5 < X 

### s: 24 $ 300 $35/ton 24< X 

### s: 99 $ 965 $25/ton 99< X 

### s: 994 $ 2,840 $ 8/ton X > 

### 994 $10,000

Minimum fee: $300 Maximum fee: $10,000



## * To calculate the fee, multiply the number of tons in excess of the lower limit of the appropriate category by the incremental fee, then add this amount to the base fee. For example, if total emissions of all air contaminants are 50 tons per year, the

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 13 of 15

total fee would be $1,615 (base fee of $965, plus incremental fee of $25 x 26 tons or $650)

. 

## lbl This fee shall be due and payable at the time application for review and renewal is filed with the TNRCC in response to written notice from the TNRCC consistent with §116.310 of this title (relating to Notification of Permit Holder). No fee will be accepted before the permit holder has been notified by the TNRCC that the permit is scheduled for review. The basis for fees is the schedule in effect at the time the application is filed. All permit review fees shall be remitted by check or money order payable to the TNRCC and mailed to the TNRCC, P.O. Box 13087, MC 162, Austin, Texas 78711-3087, [located at 12124 Park 35 Circle, Austin, Texas 78753]. Required fees must be received before the agency will consider an application to be complete.

§116.314. Review Schedule. (a) Renewal of permit. Subsequent to**revie~,** 

### the executive director shall renew a permit if it is determined the facility meets the requirements of §116.311 of this title (relating to Permit Renewal Applications) and §116.312 of this title (relating

### Texas Natural Resource Page 14 of 15 Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI

to Public Notification and Comment Procedures). ·The executive director shall notify the permit holder in writing of the decision regarding renewal. If the permit cannot be renewed, the executive director shall forward, with the notice, a report which describes the basis for the determination. If denial is based
on failure to meet the requirements of §116.311(a) or (b) 

### of this title, the executive director's report shall establish a schedule for compliance with the renewal requirements. The report shall be forwarded to the permit holder no later than 180 days after the Texas Natural Resource Conservation Commission (TNRCC) receives a completed application. The permit shall be renewed if the requirements are met according to the schedule specified in the report and the executive director shall notify the permit holder in writing of the permit renewal. However, if denial is based on failure to maintain substantial compliance with the provisions of the Texas Clean Air Act or the terms of the existing permit pursuant to**§116.311~[(b)]** 

### of this title, the renewal denial shall be final, and the executive director shall notify the permit holder in writing of the denial.
(b) Contested case hearing. In the event that the permit holder fails to satisfy the TNRCC requirements for corrective action by the deadline specified in the TNRCC report, the

### Texas Natural Resource Conservation Commission Chapter 116 Control of Air Pollution by Permits for New Construction or Modification Rule Log Number 95-138-116-AI Page 15 of 15

applicant shall be required to show cause in a contested case proceeding why the permit should not expire. The proceeding will be conducted pursuant to the requirements of the Administratiye Procedure Act. Chapter 2001. Texas Goyernment Code [Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a]

.
(c) Effective date of existing permit. 

### An existing permit shall remain effective until it is renewed, or until the deadline specified in the executive director's report to the permit holder, or until a date specified in any commission order entered following a contested case hearing held pursuant to subsection (b) of this section. 

### An existing permit shall remain in effect during the course of a contested case hearing if the hearing proceeds beyond the permit expiration as identified in §116.311ldl[{c)] of this title.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on July 26, 1995.

# WRITTEN AND ORAL TESTIMONYReference Number W-l W-2 W-3 W-4 W-5 W-6 W-7 W-8 W-9 W-IO 

### W-ll W-12 INDEX OF WRITTEN TESTIMONY Submitted By D.T. Vickers, Amoco Corporation Keith A. Courtney, Brown McCarroll & Oaks Hartline Eugene Lipnicky, City ofDallas Dae1 Baughman, Eastman Chemical Company Marsha Conley, El Paso Natural Gas Company Jole C. Luehrs, U.S. Environmental Protection Agency B. C. Carmine, Houston Lighting & Power BrandtMannchen Rob Looney, Texas Mid-Continent Oil & Gas Association Neil J. Carman, Sierra Club, Lone Star Chapter Olon C. Plunk, Southwestern Public Service Company Richard L. White, Texas Utilities Services, Inc.

# ·**iAT~** 

### AMOCO

# ~'~

D. T. Vickers Deputy Director Amoco Corporation EH&S Regulatory Services 580 Westlake Park Boulevard Houston, Texas 77079-2696 713-366-7668

September20, 1995 via FAX 512 239-5687 Ms. Lisa Martin Texas Natural Resource Conservation Commission Office of Policy and Regulatory Development Mail Code 205 PO Box 13087 Austin, Texas 78711-3087 

# RECEIVED

(' -,
RE 

### OFFICE OF POLICY 

### & GULATORYDEVELOPMENT

Comments on Proposed Changes to Chapter 116, SUbchapter D: Permit Renewals Amoco Corporation supports the proposed amendments to Chapter 116, Subchapter D for implementation of Senate Bill 1125 (74th Legislature). Specific comments on regulatory language are as follows: Section 116.311. Permit Renewal Application, Item (1) (1) the facility is being operated in accordance with all requirements and conditions of the existing permit, including emissions related representations in the application for permit to construct and subsequent amendments, and any previously granted renewal unless otherwise authorizedfor

### a qualifiedfacility. Comment Delete the phrase "emissions related" and add the phrase "unlessotherwise authorized for a qualified facility." The term "emissions related" is a new, undefined term which is potentially confusing. Proposed changes to 116.116(b}(2) define acceptable variations in representation for "qualified facilities." We suggest consistency between 116.116(b}(2) and this subchapter.

SSM/bl

I:\COMMONIMOORE\RENEWPDOC09/19/95 16:17 '6'512 479 1101 BRO

- 

# LL WN MCCARROLL

...... TNRCC-WTR POLICY 002 

## BROWN

# McCARRO &

# OAKS**l1Al<lLli~C.** Anorneys

. 

# 8
W-2 A**R~ereJ** LilftiztdLiabilityl'armmhip**l.,.c~1'Il** Pn(essionalCorpora.riOl'\S 1400 FroUljlin P1laa 111 CongrC81 A"enu. AllStin. Texas 78701-'4043 (512) 472·5456 Fax (512) 479·1101 WdId';DircctNumber, 

### September 19, 1995 

### (S 12) 479-9789



### Ms. LisaMartin Office ofPoltcy and Regulatory Developments Texas Natural Resource Conservation Commission MC20S P.O. Box 13087 Austin, Texa, 78711-3087 Re: Comments on Proposed Changes to TNRCC Air 

### Quality Permit 

### Renewal Rules 

### DearMs. M:utin: By 

### tillS letter, and on behalf of interested clients, we are providing the 

### following comments 0 Cl 

### the 

### proposed revisions to the 

### TNRCC 

### air 

### quality permitrenewal rules that 

### were published 

### in the August 22, 1995 issue ofthe 

### TexasRegister. First. we believe the following changes (indicated

### byboldface and 

### underlining) should be made to proposed 

### § 116.31l(b)

### to cause itto more accurately reflect the language 

### and intent of

### S.B. 1125: (b) 

### In addition to the requirements 

### in subsection (a) 

### ofthis section, only 

### ifthe TNRCC determines 

### it 

### necessary to avoid a condition ofair 

### pollution or

### to ensure compliance with otherwise applicable federal or 

### state air quality control requirements. then: (1) 

### The applicantmay 

### be required to 

### submit additional information regarding the emissions from the facility 

### and their impacts on the surrounding area; and (2) TheTNRCC shall impose as a condition tor renewal 

### onl! those 

### requirements the executive director 

### detennines to 

### be economically reasonable 

### and technically practicable 

### considering the age ()

## r the facility 

### and the 

### impact of

### its 

### emissions on 

### the surrounding area.

Da1IaJ Office. 300Cr_cntCoU"

. Suite 1100 •Dalt.... TCXlLJ75201·6929· (214) 999-6100

. 1',., (214) 999·6170 I{OUllDI'Olice: 1300WordwrtTOIIIcr•2721 Allen**Pnrk~y** •HOIISt(ln. TCllllll170\9·2100 • (113) S2!1.lll0

.Fa" (7l3) 5'25-6195 /...oaj;YlrwOf6cc: 220Enet!:YCentre•1127)ud.on R-!' P.O. 5011 3999 •Lu"ll"iew.Tau75606-3999 •(901\ ! 16·9800•Ft.x(903) 236-818109119/95 16:17



### Ms. Lisa

## Martin Page 2 September 19, 1995US12 479 1101 

### BROWN MCCARROLL**~~~** 

### TNRCC-WTR POLICY**~003**



### FurthCl, 

### we 

### request that either the final rule itself, or its 

### preamble, specify that 

### these 

### revisions appJ,/ to any permit 

### renewal application that has been submitted, but 

### for which a renewed

### permit

### has notbeen issued. prior to 

### the effective date 

### ofthese revisions. 

### Thank you for 

### the opportunityto presentourcomments on these proposed revisions. If you have 

### any**question~** 

### please call.



## -

# j1tiIl.~ KeithA. Courtney KAC/dr 1.:\OOCS'.PUBLIC'IC)UR1'NEK\l.nN4214J,l

### 78711-3087 Resource Conservation CommissioaFFICE OF POLICY & REGULATORY DEVELOPMENT 

### September 14, 1995
Lisa Martin Texas Natural MC205 P.O. Box 13087 Austin, Texas CITY OF DALLAS 

# RECEIVEfJ SEP 2

# a1995

Re: Rules Tracking Log #95138-116-AI Dear Ms. Martin: The City of Dallas Air Pollution Control section has reviewed the proposed regulation revision. We have no objection to the proposed revision. However we wish to suggest that in future Notices of Public Hearing the actual deadline date for written comments be included. Most respondents probably do not have immediate access to the Texas Register and as such are forced to do unnecessary research. The wording of the Notice leads to the perception of the TNRCC as a bureaucratic agency.

# R~ctfUllY~ 

# if...

. ()**--?~~.~~~-c** Eugene Lipnicky Air Pollution Control neer Air Pollution Control Section dj

ENVIRONMENTAL AND HEALTH SERVICES 320 E JEFFERSON, ROOM LL13 DALLAS, TEXAS 75203 TELEPHONE 214/948-4435....

### - " 

# EASTMAN Eastman Chemical Company 

### September 15, 1995



### CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Ms. LisaMartin Office ofPolicy and Regulatory Development TexasNatural Resource Conservation Commission P.O. Box 13087 Austin, TX 78711-3087 Dear. Ms. Martin: Texas

# East~~on P.O. 7444 Longview, Texas 75607-7444 Phone: (903) 237-5000



### Re: Written Commenton Proposed Changes to 30**T~C** 

### 116, Control ofAir Pollution by 

### Permits for New Construction orModification, at20 Tex Reg 6393 Texas Eastman Diyision, Eastman Chemical Company, is amanufacturer ofchemicals andplastics and operates facilities inHarrison and Smith counties. We frequently apply forpermits fornew constructionormodification and renewthesepermits when necessary. We supportthe proposedmechanism.for implementing Senate Bill 1125. The proposed changes to RegulationVI supportthe spiritand intentofthe Texas Legislature's changes to the Texas CleanAirAct. Theproposedlanguage will significantlyreduce the burden ofobtaining apermitrenewal ifafacility is incompliance with all existing federal and statepermitrequirements and is not causing any adverse off-site impacts. We do recommendone additional changeto RegulationVI. Theproposedregulation, §166.311(a)(2) and (a)(3), requires that "theemissions from the facility meet at leastthe requirements

..." ofany applicable federal NSPS andNESHAP. However, the federal NSPS andNESHAP regulations are notimplementedinthese sameterms. The federal programs are written as performance standards and notinterms ofactual emissionrates to the atmosphere. Therefore, §166.311(a)(2) and (a)(3) shouldinstead statethat "the facility meets at leastthe requirements

..." ofany applicable federal NSPS andNESHAP.

T
.... Euan.n Division

### Ms. LisaMartin Page 2 September 15, 1995

Ifyou have any questionsregarding these comments, please call JohnD. Tolleson, P.E. at (903) 237-6128.

Yours very truly,

DaelBaughman, P.E. Manager, Environmental Affairs L019JDT5.rw

cc: Mr. Charles Murray AirProgramDirector TexasNatural Resource Conservation Commission 1304 SouthVine Avenue Tyler, Texas 75701SEP-22-85 14.54 FROM. EPNG ENVIRONMENTAL AFFAIR ID. 815544


# EIPaSD NatuRli &asCgmparll.,



### September 15, 1995 

### Ms. Lisa 

### Martin Office ofPolicy and RegulatoI)' Development MC205 P.O. Box 13087 

### Austin. Texas 78711-3087 PAGE 2

r. o. BOX**1"9~** EL PASO. TEXI\.') 79910 PHONL**91~J ~41**  ;'H(KI



### Re: 30 

### TI\C 

### §§116.31O-1t6.J 14 Proposed Rules: 20 TexReg 639), August 

### 22, 1995 

### DcnrMs. Martin:

. EI Paso Natural Gas Company (EI r'aso) is amajorinterstate natural gas transmission companywhich operates numerous facilities inTexas, as well as in New Mexico, Arizona, Colorado, and Oklahoma. EI Paso appreciates the opportunity

### to provide comments on theproposed rule. Proposed 

### sections 1\6.311 (b)(I) 

### and 116.31\(b)(2) 

### would seem

### to impose more 

### stringent requirements thantheoriginal permits, in contradiction to the intent ofS.B. 

### 1125. Specifically, comments and alternative language are offered tbrthetwo sections: §116.3 11 (b)(t) -ll appears that this changewould imposemodeling requirements where they are not needed for apermit renewal. Modeling should onlybe required for sources in nonallainrncnt areaS as detined under SubchapterBfor new sourcereyiew (30TAC 

### 116.

## t10). Imposing 

### modeling requirements olltside

### nonallainment areas

### wOlild significantly expand thetime and C()st to industry as well as the TNRCC. §! 

### 16.3 11 (b)(2)

-There are sufficient nJles in place (1.e., thosegoverning nonattainment areas) to address remedies such as emission reductions from afacility If

### afacility 

### is in a nonatlainmcnt area, RACT standards already apply. It 

### does not appCClr

### that additinnal constraints that could be applied to attainment areas are warranted.SEP-22-85 14.55 FROM. EPNG ENVIRONMENTAL AFFAIR 10. 815544



### The following language is sugge!'ted in placeofthenblwe: §I 16.3 1I(b): "In addition to therequirements in slIbsection (a) of

### this section, if

### the TNRCC determines it necessaryto avoidacondition ofairpollution orto ensure compliance with otherwise applicable federal orstateairquality control rcquircmentSt.aM lhUQurce is in anpmmainment area, the applicant maybe required tl) 

### submit additional information regarding theemissionsfrom the facility 

### and their impllcts 

### on the surrounding area." Th,mk yOLi 

### lor

### the opportunity to review and comment on this prop()sed rule. 

### Sincerely,

# ~iar;~ MarshaConley, Ph.D. Manclger Environmental Affairs Department PAGE 3UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

# 8-

6 REGION 6 1445 ROSS AVENUE, SUITE 1200 

# R E

# eElV DALLAS, TX 75202-2733 

# E0

'''

... ;-,i "UI- 

### ; ..j:

.. j.'J



### Conservation commission Jodena N. Henneke Division Director Air Quality Planning Office of Air Quality Texas Natural Resource P.O. Box 13087 Austin, TX 78711-3087 Dear Ms. Henneke: 

# SEP. 19 1995

## REG~r::..JCE OF PULlCf & 

### TORYDEVELOPMENl



### We have reviewed the proposed regulations concerning revisions to Regulation VI forwarded to the Environmental Protection Agency on August 29, 1995. You are proposing amendments to sections 116.310-116.314 of Chapter 116, concerning Notification of Permit Holder, Permit Renewal Application, Public Notification and Comment Procedures, Renewal Application Fees, Review Schedule. On the basis of our review, we have the following comments or items of concern: 1. The Texas Natural Resource Conservation commission (TNRCC) proposes to delete section 116.311(a) (1) which requires emissions from the facility to comply with all applicable specifications and requirements of the TNRCC rules and the Texas Clean Air Act (TCAA). Removal of this provision may allow a source to comply with its permit in lieu of meeting more stringent provision which may be required elsewhere in the TNRCC's regulations or in the**TCP~.** 

### This is likely to occur when TNRCC adopts such more stringent requirement subHequeJ:t to issuing a perlnit which ensured compliance with all requirements in existence at the time of issuance. The TNRCC should address for the pUblic record the basis for removing existing section 116.311(a) (1) and address how it will ensure compliance with. more stringent requirements adopted subsequent to issuance of a permit. 2. The TNRCC proposes to redesignate existing section 116.311(a) (2) to 116.311(a) (1) and provide that the facility operates in accordance with all requirements and conditions on the permit, including emissions related representations in the application for a permit (underlined is added). The purpose of this change appears to emphasize representations related to emissions rather than representations related to production and operation. In several cases, the production and operation affect the amount of emissions to the atmosphere and a source will rely upon reduced operation and/or production in order to limit its potential emissions below the thresholds which would otherwise make**~~,-,-=** __""",'"'.:..;'**R.="!.~cledlRecycI8ble** • Printedwith Vegetable OilBasedInks on t00% RecydedPaper(40% PaStconsumer)**~,,-::.:::**

### it a major source or a major modification. In other cases, a source may rely upon reduced operation and/or production to eliminate or minimize an adverse air quality related impact. In such cases, such representatioI}.s in an application concerning operation or production are "emissions related" and the public record should recognize such representations as "emissions related. II 3. The pUblic record should address the basis for removing the requirement in section 116.311(a) (3) 

### which provides for a facility to have appropriate means to measure the emissions of significant air contaminants. Some sources may interpret the removal of this provision as allowing the removal of stack sampling platforms and/or sampling ports for testing and monitoring emissions. It may also allow a source to cqnstruct and use stack designs which cannot accommodate 3.uthorized reference emission test methods and procedures, would cause the results of the measured emissions to be inaccurate or unreliable, or would otherwise preclude the use of authorized reference methods and procedures. We are concerned that this may limit the ability and opportunity to verify in a timely manner whether a source is complying with its permit. Timely verification of compliance may be sometimes be necessary (for example, if the agency has reason to believe that a source may be contributing to an air pollution problem which needs to be addressed). The pUblic record should address this concern. 4. § 

### 116.311(c) [formerly paragraph (b)] is being changed to eliminate the requirement that a facility with "unresolved nonclerical violations" be brought into compliance. without this revision, a facility currently in violation would not be issued a renewal permit until a compliance order was issued by the TNRCC. Under the revisions, the mandate that a facility with a history of noncompliance still does not receive a renewal, there is additional language that can be read to limit that denial to instances of IIrecurring pattern of egregious conduct which demonstrates a consistent disregard for the regulatory process." In other words, only the facilities with the worst track record showing blatant disregard for the law may be denied a renewal permit and facilities currently in violation are issued a renewal. This seems to be a weakening of enforcement. The pUblic record should address this concern. We appreciate this opportunity to review and comment on these proposed amendments. If you have any questions, please call Mr. Stanley M. Spruiell of my staff at (214) 665-7212.

# SinCe~c?~
J

# ~c. Luehrs

# ~:f· Air Permits section (6PD-R)

# TheLighl cODlpany Houston Lighting & Power 

### September 15, 1995 

# 8

P. O. Box 1700 Houston, Texas 77251-1700 (713) 228-9211 

# RECE\VED
Ms. LisaMartin Office ofPolicy andRegulatoryDevelopment TexasNaturalResource ConservationCommission Mail Code 205 P. O. Box 13087 Austin, Texas 78711-3087 

### Re: Comments onProposed Changesto Chapter 116, SubchapterD: PermitRenewals DearMs. Martin: HoustonLighting

### &PowerCompany (Ill.&P) supportstheproposed amendmentsto Chapter 116, SubchapterD for implementation ofSenateBill 1125 (74thLegislature). Specific comments on regulatory language are as follows: 

### Section 116.311. PermitRenewalApplication, Item (1) (1) the facility is being operated in accordancewith allrequirements and conditions ofthe existing permit, including 

### emissions related representations in the application for permit to construct and subsequent amendments, and any previously granted renewals 

### unless otherwise authorized for a qualified facility. 

### Comment Deletethephrase"emissionsrelated" andaddthephrase "unless otherwise authorizedfor

### aqualified facility." The term "emissions related' is a new, undefined term which is potentially confusing. Proposed changes to 116.116(b)(2) define acceptable variations in representations for "qualified facilities." HL&P suggests consistencybetween 116.116(b)(2) andthis subchapter. ShouldyouhaveanyquestionsregardingtheabovecommentspleasecontactChris Thiele ofmy staff· at (713) 945-8023. Sincerely,



### B. C. Carmine, 

### P.E. Manager, AirResources Division CCT/cet

A Subsidiary ofHouston Industries Incorporated

### Lisa Martin Office of Policy and Regulatory Development TNRCC MC 205 P.O. Box 13087 Austin, Texas 78711-3087 Dear Lisa, August 31, 1995 

# RECEIVED

OFFICE OF POLICY 

### & REGULATORY DEVELOPMENT


### Enclosed are my personal comments regarding 116.311(b) and permit renewals. I am against this change. The change would not allow TNRCC to require more stringent permit stipulations unless needed to stop a condition of air pOllution. Since we know that air pollution has health and economic impacts and that permit renewals are one of the few ways to continue reductions to reduce the risk of illness or death in people this strikes at the very heart of the Texas Clean Air Act. In addition by not requiring updates for control equipment you ensure that those who build new facilities face an economic disadvantage since they will have to control pollutants that persons with old facilities which are getting renewals will not have to control. This is bad and ensures there is no "level playing field" for air pollution control. Does this mean that tightening of permits cannot be done in a nonattainment area even though this will mean continued high ozone values which will hurt of ill people? In addition you remove the parts of this rule which require that the facility comply with "all applicable ••• TNRCC rules and the Texas Clean Air Act". This means that a company could be violating the law and you would have to grant them a permit renewal regardless. This is crazy. stop this travesty now!**inCerelY'**

# f/~jr1f1/~ Brandt Mannchen 

### 1705 Michigan #3 Houston, Texas 77006 H713-521-9534, W713-640-4313

# (0

TEXASMID-CONTINENTOIL & 

# GASASSOCIATION

DearMs. Martin: 

### Re: Comments on Proposed Changes to Chapter 116, SubchapterD: PermitRenewals September21, 1995

# RECEIVED

OFFICE OF POLICY & REGULATORY DEVELOPMENT



### Texas Mid-Continent (TMOGA) is a multi-purpose trade association which represents all segments ofthe oil and gas industry in Texas. TMOGA has over2,000 members, including 50 ofthe State's largest energy companies, who account for over 90 percent ofall oil and gas production in Texas and for approximately 95 percent oftherefining capacityinTexas. Ms. LisaMartin TexasNatural Resource Conservation Commission Office ofPolicy and Regulatory Mail Code 205 P. O. Box 13087 Austin, Texas 78711-3087 

### Via FAX 512/239-5687 LeiterClark, Breckenridge Chairman RabertL Looney, AUltin President William L Ennis, Austin Vice-President forMembersh;p Cindy L Marphew, Austin Vice-President for Environmental Affairs Beniamin W. Sebree, Austin Vice-President for GovernmentalAffairs Jim Sierra, Austin Vice-President for Finance District Vice-Presidents
E. L Ames, Jr., San Antonio SouthwestTexas Danny H. Conklin, Amarillo The Panhandle Dan Allen Hughes, Jr., Beeville The lowerGulfCoast A. V. Jones, Jr., Albany WestCentral Texas W. A. Landreth, Jr

.. FortWorth North CentralTexas Curtis W. Mewboume, Tyler EastTexas Joseph I. O'Neill, III, Midland The Permian Basin W. M. Thacker, Jr., Wichita Falls North Texas John H. Young, Houston The Upper Gulf**Coo~**



### TMOGA supports theproposed amendments to Chapter 116, Subchapter D for implementation of Senate Bill 1125 (74th Legislature). Specific comments on regulatory language are as follows: 

### Section 116.311. PermitRenewalApplication. Item (1) 

### (1) the facility is being operated in accordance with all requirements and conditions ofthe existing permit, including emissions related representations in the application for permit to construct and subsequent amendments, and any previouslygranted renewal unless otherwiseauthorizedfora qualifiedfacility.

1115 San Jacinto Boulevard· Suite 275 • Austin, Texas 78701·1980 • TELE: 512/478-6631 • FAX: 512/472·3859

### TMOGAComments on Chapter 116, SubchapterD September21, 1995 Pagetwo

Comment Delete the phrase "emissions related" and add the phrase "unless otherwise authorized for a qualified facility." Theterm "emissions related" is a new, undefined term which is potentially confusing. Proposed changes to 116.116(b)(2) define acceptable variations in representation for "qualified facilities." We suggest consistency between 116.116(b)(2) and this subchapter.

RL:adSierra. Club 5124778526 P.04 

# SIERRA CLUB September22, 1995 

# LONE 

# STAR CHgER P. O. Box 193t 

### Austin, TX 

### 78767



### Mr. SamWells AirPolicy and RegUlations**Divi5io~** 

### . . Texas Natural Resource Conservation Comrrusslon 

### P. O. Box 

### 13087 Austin, Texas 

### 78711-3087 By Fax 

### 239-5687 

### Re: Comments onProposedPermitRenewals under30 

### TAe §§116.310

- 116.314, and Regulation VI. Dear

### Mr. Welts: 

### I amwriting to express majorconcernsby theLoneStarChapterofthe SierraClub aboutthe proposedrevisions ofPermitRules inRegulation 

### VI, specifically 30TAC 

### §§116.310

- 116.314 although these changes aretheprimarily resultoflegislative actions lastspring including SB 

## t125. Protest §

### 116.310(b): this languageis too weakto adequately protectmany communities living nearlargerefining, petrochemical andotherindustrial sources. Many largeindustrial**facilit.j~s** 

### do cause, atleastpartoftime. a conditionofairpollution. andtheTNRCC needs to be more dIligent aboutconfirming such violations plus obtaining correctivemeasures. All facilities operatiniunder**ap~1iS::itble** 

### federal orstate airquality control reqyirements MUSTFULLYCOMPLYwiththese requirements. The languagehereisextremely vague. ADD: Facilities shall comply with aU applicable federal gf 

### stat<:= airquality control requirements. Protest 

### §116.310 (b) (l): 

### This languageis terrible. 

### Itfails to promoteprotection ofpublic health and safety asrequiredby state and federal cleanairlaws. ADD: The applicant shall be required to submitadditional information regarding theemissions fromthefacility andtheirimpacts on the surrounding area. Protest § 116.310 

### (b) (2): TheAge ofafacility shouldnot

### beconsidered as much as thehealth, welfare and safety ofnearby communities. Thislanguage appears to 

### be an attemptto help older grandfatheredfacilities from fully complying withtheTexas CleanAirActandFederal Clean AirAct. Anothercommunity concernformanyTexas citizens is environmentaljusticethroughdisparate treatment. 

## Is this proposedamendmentto rule 

### J16.310

- 314creating, perpetuating orpromoting disparatetreatmentofracial minorities so as to discriminate, evenunintentionally, in violation ofTitle VI? Has theTNRCC discussedorconsidered such apotential? 

### IftheTNRCC has not done so, then this is itfonnel requestforTNRCC to fuJly andcontinuouslycomply with Title VI and insure thatthis rule amendment is notdiscriminatory in 

### any fashion toTexas citizens. Pursuantto Title

### VI ofthe Civil Rights Actof 1964, the

### ThRee is required as arecipientoffederal funds to be in full and continuous compliance. The mandate ofTitle VI. 42U.S.c. §2000dapplies to the**T~~CC.** 

### Section 2000d !'.tates in relevant paragraphs: No person in the UnitedStates shall, on the ground ofrace, COIOf, 

### or national origin, beexcludedfrom participation in, bedenied thebenefits of, orbe SUbjectedto discrimination underany programoractivity receiving Federal financial assistance. 42 U.S.C. Section 2000d, Title 

### VI, Section 

### 60J•••
"Wh.('n v.'1!: try to pick out**"n~,thinll** by itself, we find it hltthed to evcrything rise in Ihe univen.e:· JohlJ Mvir 

# @ recycledp,per

### TheCivilRights Actof 1964funhennore clearly provides in Section 602: EachFederal department andagency which is empowered to extend Federalfinancial assistanceto any programor activity

... 

### is authorized anddirectedto effectuatethe provisions ofSection 2QOOd ofthis Title with re!'pectto such programoractivityby issuing rules.**regulation~** 

### and orders

... which shallbe consistentwiththe achievement

### ofthe objectives of

### the Statute authorizingthe financial assistanceinconnectionwith whichthe action is taken. 42U.S.C. 

### § 2000d-l, TitleVI, Section 602. TheEPA's applicableregulations prohibitnotonly intentional discrimination. butalso uses of federal funds thathave discriminatory effects. TheEPAregulations implementingTitleVI state: Arecipient shallnotusecriteriaormethods ofadministering itsprogram whichhas theeffectofsubjectingindividuals to discrimination because of their race, color, national origin, or sex, orhave the effectofdefeating or substantially impairing accomplishmentofthe objectives ofthe program with respectto individuals ofaparticularrace. color. national origin, or sex. 40 C.F.R. 

### § 

### 7.35 (b) (emphasis added). Thus. underTitleVIandtheEPA's implementingregulations, programs receiving EPAfunds maynotbe 

### administered. in amannerthathas thepractical effectofSUbjectingindividuals to
. discriminationbasedupon race. However. citizens including SierraClub members are deeply concernedthatTexas' environmental programs dojustthat. Citizens have submitted several complaints to EPA andthecomplainants allege thattheTNRCC, using federal funds, provides environmentalprotection services thatreflectdisregardforthe environmentalprotectionneeds of people ofcolorandpoorresidents ofTexas. In short, TNRCC's provision ofenvironmental protection services discriminate. 

### ifnotby intentthen certainlyby effect, againstthe people ofcolorand poorresidenl'; ofTexas. IftheTNRCCfails totake into consideration this request, acomplaintmade bemade to EPA's Office ofCivil Right5.

. . TheLone StarChapterofthe SierraClub is deeply concernedoverthe on-going threats of slgmficanttoxic airpollutionoccurring inmany Texas communities. In ordertoprotectTexac; public health, safety, welfare andthe environment. the SierraClub strongly recommends thattheTex.as NaturalResource ConservationCommission (TNRCC) considerthese comments in amendingrules in RegUlation VI. Respectfully yours,

# ~;/~.~**~:Vcarman,** Ph.D. 

### Clean AirProgramDirector Lone Star Chapterofthe SierraClub P. O. Box 1931 

### Austin. TX

### 78767-1931 (512) 472-1767 Fax. 

### (512) 477-8526
cc: Dr. George Smith, AirQuality Chair, SierraClub Ms. LeslieFields, EnvironmentalJustice director, SierraClub

### SOUTHW.ESTERN PUBLIC SERVICE COMPANY P.O. BOX 1261 

## • AMARILLO, TEXAS 79170 • 806/378·2121



### 30 TAC**116.310-116-31~** 

### COMMENTS OF SOUTHWESTERN PUBLIC SERVICE COMPANY TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Re: Proposed Amendments, Chapter 116, Subchapter D. Permit Renewals 

# RECEIVED

OFFICE OF POLICY & REGULATORY DEVELOPMENT 

### September 21, 1995

Attn: Ms. Lisa Martin Office of Policy and Regulatory Development, MC 205 P.O. Box 13087 Austin, Texas 78711-3087

Southwestern Public Service Company (SPS, or Southwestern) is an investor-owned electric utility providing service in the Panhandle and south plains areas of Texas, and in parts of Oklahoma, Kansas, and New Mexico. SPS operates a number of facilities that are subject to permitting by the Texas Natural Resource Conservation Commission (TNRCC, or the Commission), and to the permit renewal procedures at 30 TAC 116.310-116.314. We comment to 

### support and commend the proposed amendments to the affected Subchapter D

-- while suggesting a caveat to one amended section, and an important substantive change to the proposed amendments to another section. We suggest the latter change to the proposed amendments at 116.311. We believe the Commission will agree our suggested change would better reflect the clear legislative requirements in SB 1125, as passed in the 1995 session. (TNRCC proposes the amendment at 116.311 to implement SB 1125.)

1

### 116.310 Notification ofPermit Holder First we suggest to the Commission that a caveat should be added to proposed 116.310. Notification of Permit Holder. As written, 116.310 provides the TNRCC shall provide written notice to the holder of a permit that the permit is scheduled for review. Such notice from TNRCC "will be provided by certified or registered United States mail no less than 180 days prior to the expiration of the permit

.

... The application shall be completed by the holder of the permit and returned to the TNRCC within**~O** 

### days of receipt of the notice" (emphasis supplied). The regulation currently (1) technically would allow TNRCC leeway to send permit renewal notices far in advance of the 180 days before a permit would expire, and (2) would require the permit holder to respond with an application for renewal (and with concurrently due permit application fees, ranging for SPS to $10,000 each) "within 90 days of receipt" of the potentially very early notice. Given both the "time value" of money and varying fiscal year (and other) budgetary constraints, such a circumstance clearly would disadvantage the applicant. (This company has been impacted by early notice.) The best solution

-- providing budgeting certainty

-- would be to require the applicant to submit an application for renewal "no later than 90 days before·expiration" of the existing permit. We are hopeful that at least the Commission will commit, either by amending 116.310, or by notice in the preamble to the final regulation, that permit renewal notices will be mailed by TNRCC "no more than 190 days" (or some such reasonable time), and "no less than 180 days" prior to the expiration of the permit.
116.311 Permit Renewal Application. SB 1125 of the 1995 session, as finally passed and signed by the governor, amends subsection (2) of Section 382.055 of the Health and Safety Code in part by requiring that the Commission, in certain extraordinary circumstances, shall impose as new conditions for renewal of a permit "only" those emission control requirements the commission "determines to be economically reasonable and technically

2

.. "....

### practicable considering the age of the facility and the effect of its emissions on the surrounding area." The pertinent proposed amendments to 116.311 fail to stipulate that such new requirements be limited to "only" facility-specific economically reasonable and technically practicable requirements. The strict limitation embodied in the statute by the vital word "only" should be explicit in the regulation. There, as in the statute, "only" conclusively would preclude addition of new permit conditions not in**~onformance** 

### with the limitations prescribed in the statute. 

### A simple change to the proposed amendment (at proposed 116.311 (b) (2)) would reflect the legislative requirement; TNRCC could insert "only" as indicated here: (2) 

### The TNRCC shall impose as a condition for renewal only those requirements the executive director determines to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area. Southwestern strongly urges the Commission to explicitly reflect that "only." certain conditions may be newly imposed in permit renewal processes. Finally, SPS commends the proposed addition of the modifier "emissions related" in proposed 116.311 (a) (1): the facility is being operated in accordance with all requirements and conditions of the existing permit, including emissions related representations in the application for permit to construct and subsequent amendments, and any previously granted renewal. Southwestern appreciates the opportunity to participate in this rulemaking, and invites questions or dialogue, directed to: Mr. Olon C. Plunk, Manager Environmental Department Southwestern Public Service Company P.O. Box 1261 Amarillo, TX 79170 (806) 378-2194

3

# -- -- - .. 

# - 7USERV/CES September22, 1995 Richard L. White Vice President, EnvironmentalServices 

### LisaMartin Office ofPolicy andRegulatory Development MC205 P.O. Box 13807 Austin, Texas 78711-3087 DearMs. Martin: 

# 8
RECEIVED

(':-r) --. '7 '.; C J'(j', 

## 1995 OFFICE OF POLICY 

### & REGULATORY DEVELOPMENT



### Texas Utilities Services, Inc. submits the following comments on behalfofTexas Utilities Electric Company, Texas Utilities Fuel Company and Texas Utilities Mining Company concerning the proposed Chapter 116. Control of Air Pollution by Permits for New Construction or Modification; Subchapter D. Permit Renewal as published in the Texas Register, August22, 1995,onpages 6393-6394. Theprincipalbusiness oftheTexas Utilities Company System(hereinafterreferredto as TV) 

### isthe generationanddistributionofelectrical energyto north, central, east, andwestTexasto approximately one-thirdofthepopulationand areaofthe state. TU supports the proposed rule which implements legislation passed in the 74th Texas Legislative session. These changes will benefit the state, the agency, and industry by conservingresources while stillbeingprotectiveofpublichealthandthe environment. Thankyouforthe opportunityto comment.

Sincerely,

# #(/~fr~/~ Richard L. 

### White

Energy Plaza 1601 Bryan Street Dallas. Texas 75201-3411 (214) 812-4444 Fax (214) 812-4365Reference Number INDEX OF ORAL TESTIMONY

No oral comments were received Submitted by

# EVALUATION OF TESTIMONY

# Texas Natural Resource Conservation Commission INTEROFFICE MEMORANDUM

To: The Commissioners Date: October 27, 1995
Thru:
From:
Subject: ChiefClerk's Office Beverly Hartsock, Deputy Director Office ofPolicy and Regulatory Development
Docket No. 95-1520-RUL. Consideration for adoption of amendments to 30 TAC Chapter 116, SubchapterD, Sections 116.310-116.314, concerning PermitRenewals; and revisions to the State ImplementationPlan. Ifapproved, the rules would incorporate the provisions ofSenate Bill 1125 (74th Legislature). The proposal was published in the August 22, 1995 issue ofthe Texas Register (20 TexReg 6393).

SenateBill 1125 (74thLegislature) modifiedhow air quality permits are renewed andhow hearing requests are considered. This rulemaking is only concerned with permit renewals, as required under Section 382.055 ofthe Texas CleanAirAct (effective May 23, 1995). The procedural rules have been amended accordingly to reflect the granting ofhearing requests on permit renewals. Specifically, this legislation states that the Texas Natural Resource Conservation Commission may not impose more stringent requirements atthe time ofrenewal unless itis necessary to avoid a condition ofairpollution or to ensure compliance with otherwise applicable federal or state air quality requirements. Apublichearing was conductedon September21, 1995. Twelvecommenters submittedwrittentestimony, which has been incorporated into the record and discussed in the analysis oftestimony. Based on these comments, minor administrative changes were made to the proposal. Staffrecommends adoption ofthe proposal.EVALVATION OF TESTIMONY

The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts amendments
to §116.31O, concerning Notification ofPermit Holder, §116.311, concerning PermitRenewal Application, §116.312, concerning Public Notification and Comment Procedures, §116.313, concerning Renewal Application Fees, and §116.314, concerning Review Schedule. Sections 116.310, 116.311, and 116.313 are adopted with changes to the proposed text as published inthe August22, 1995, issue ofthe Texas Register (20 TexReg 6393). Sections 116.312 and 116.314 are adopted without changes and will notbe republished.

The TNRCC permit renewal criteria and procedures have been modified pursuantto Senate Bill (SB) 1125 (74th Legislature). The main regulatory change is the adoption ofnew §116.311(b), which states that, at the time ofpermit renewal, the TNRCC may not impose requirements more stringent than the existing permit, unless the TNRCC determines that it is necessary to avoid a condition ofairpollution

orto ensure compliance with otherwise applicable federal or state air quality control requirements. Some minor administrative changes are adopted in other sections for consistency with new §116.311(b)

orfor editorial matters, such as the change ofthe Texas Air Control Board to the TNRCC.

A public hearing was held in Austin on September 21, 1995. No oral testimony was presented at that time.

1Twelve commenters submitted writtentestimony on the proposal. BrownMcCarrol & Oaks Hartline (Hartline), Amoco Corporation (Amoco), SouthwestPublic Service Company (SPS), the City of Dallas, Houston Lighting and Power (HP&P), the United States Environmental Protection Agency (EPA), Texas Mid-ContinentOil & Gas Association (TMOGA), EI Paso Natural Gas Company (EI Paso), Texas Utilities Services (TU), the Lone Star Chapterofthe**Sier~a** Club (Sierra), Eastman Chemical Company (Eastman), and one individual made objections or recommendations. In general, nine commenters supportedthe proposal orhad no comment and three objectedto the proposal.

SPS desired changes to §116.31O (concerning Notification ofPermit,Holder) to clarify the deadlines for notice ofpermit expiration and subsequentpermit applications. This section states thatthe TNRCC shall provide 180 days' notice that apermitmustbe renewed, and allows applicants 90 days to respond. In some cases, the TNRCC could send the 180-day notice well in advance ofthe actual permitexpirationdate. To address this concern, SPS suggestedthatthe TNRCC permitnotice be mailed no earlierthan 190days and no less than 180 days priorto expiration ofthe permit, and that the applicationbe submittedto the TNRCC no later than 90 days before expirationofthe existing permit.

The TNRCC staffagrees to clarify the 90-day application periodbefore pennit expiration. However, the TNRCC staffdisagrees with the suggested restrictive language regarding the period during which the TNRCC shouldmail the pennit renewal notices. Such a ten-day window would penalize the TNRCC ifthe renewal notice is inadvertently mailed too early.

2Amoco, SPS, HL&P, TMOGA, and the EPA commented on the use ofthe term "emissions related" in §116.311(a)(l). Amoco, HL&P, and TMOGA desired to delete the words "emissions related" because it is ill-defined and potentially confusing. The EPA noted that in many cases, a change inproduction couldbe recognized as being a change in emissions.



### The words "emissions related" have been deleted.

HL&P and TMOGA requested the addition ofa clause to the end ofnew §116.311(a)(I) to read "including

... representations in the application for permitto construc;:t and subsequent amendments, and any previously granted renewal unless otherwise authorized for a Qualified facility." (suggested

new language is underlined) This addition would be consistentwith §116.311(b)(2).



### The TNRCC has addedthe suggestedlanguage to recognize the possibility that a "qualified facility" may nothave to comply with all representations in a permitapplication due to the change inthe defInition ofmodifIcation by SB 1126. However, a facility must comply with the conditions ofits existing permituntil suchtime that an amendment, alteration, or other mechanism changes the permitconditions. This added language does not authorize orallow a facility to ignore the conditions inits permit.

The TNRCC staffproposed to delete former §116.311(a)(l), which stipulated thatthe permitholder
must demonstrate that "the emissions from the facility comply with all applicable specifications and requirements in the Texas Natural Resource Conservation Commission (TNRCC) rules and the Texas


### 3Clean AirAct (TCAA)." The EPA, Sierra, and one individual questioned the basis for removing this paragraph and how it would ensure compliance with more stringent requirements adopted subsequentto the issuance ofapermit.



### The TNRCC believes that compliance with an existing permit**shoul~** 

### be the principal focus ofthe review performed for the renewal ofa permit. In addition, the TNRCC does notbelievethat a reevaluation ofthe original permitapplication is necessary or a prudent application ofagency

resources. These are the bases ofthe proposed deletion ofexisting §116.311(a)(l).

An applicant for a permitto constructmust demonstratethat a proposed facility will 

### comply with all 

### rules and regulations ofthe TNRCC and withthe intentofthe Texas Clean Air 

### Act. It

### is not necessary to performthis evaluation a secondtime atpermitrenewal. Mterconstruction, a

source or facility is subjectto all 

### applicable rules ofthis agency and a significantportion ofthe TNRCC's resources are focused on compliance and enforcement. These efforts do not need to be duplicated during permitrenewal.

Further, the TNRCC believes that a primary intent ofSB 1125 was to refocus the renewal process

onthe existing permit, unless there was a demonstratedproblem. In 

### such a case, the permit renewal couldbe appropriately expanded as providedin §116.311(b).

4

### The TNRCC has a well-developed programto ensure compliance with agency rules and permits

on an on-going basis. This complianceeffortis more than adequate to ensure compliance with TNRCC rules, whetherthey are long-standing ornewly adopted rules.

The EPA also questioned the basis for removing former §116.311(a)(3), which requires facilities to have"appropriate means to measure the emission ofsignificant air contaminants

...," because owner/operators could conceivably remove sampling ports and platforms.



### Existing §116.311(a)(3) also duplicates a requirement applicabletc;> the original permit application. An 

### applicant for a permitto constructmust demonstrate that a facility will 

### have provisions for measuringthe emissions ofsignificant aircontaminants, includingthe installation ofsampling ports and sampling platforms. When necessary, suchrequirements are written as conditions of the permit. The renewal review will 

### determine whether a facility is in compliance with any samplingrequirements inits permit. Contrary to the commenter's suggestion, an owner/operator couldnotremove sampling ports orplatforms in violation ofpermitconditions.

Further, 30 TAC §101.9 provides independent authority for the TNRCC to require sampling ports and platforms when necessary. The existing §116.311(a)(3) was redundant and unnecessary.

Eastman commented thatthe words "the emissions from" be deleted from the opening ofnew §116.311(a)(2) and (3) because federal New Source Performance Standards and National Emission


### 5Standards for Hazardous AirPollutants programs relate to facility performance instead ofsolely to emission levels.



### The TNRCC staffagrees withthis change.

Hartline and SPS supported the proposal, but requested aclarificationin §116.311(b)(2) that additional information orpermit stringency may be required onlyunder certaincircumstances. The commenter statedthatthe word "only" shouldbe added to the appropriate sentences to limitthe TNRCC's review ofeconomic reasonableness and technical practicability.



### Inresponse, the TNRCC staffhas agreedto addthe word "only" to §1l6.31l(b)(2).

EI Paso objectedto proposed §116.311(b)(1) and (2) on the basis thatthese provisions are more stringentthaneitherthe original permits orthe spiritofSB 1125. Specifically, the commenterfelt that §116.311(b)(1) appears to require permitmodeling and §116.311(b)(2) may require Reasonable Available Control Technology (RACT), whenthe intent was to prevent such an economic burden and technological review. EI Paso suggested restricting the discussion ofRACT to nonattainment area applications

.



### The TNRCC staffdisagrees that §116.311(b) was intendedto require impacts modeling and RACT determinations for all 

### permitrenewal applications. The only need for additional data is 

### contingentuponthe TNRCC documenting a condition ofair pollution ora rule violation, and
6

### paragraphs (1) and (2) are only requiredifsuch a condition ofair pollution orrule violation is found to exist. Nonattainment area review regulations are locatedin SubchapterB, §1l6.150 and §116.151.

Sierradisagreed with the language in §116.311(b)(1) and (2) on the basis that additiorial permit information should always be a requirement and thatthe age ofa facility should notbe considered in renewal determinations. Sierra also raised the possibility that amendments underthis rulemaking may inadvertently cause racial discrimination.



### While the mandate ofSB 1125 clearly restricts the TNRCC's ability to require additional information without documenting a condition ofair pollution orrule violation, the first obligation ofthe TNRCC to citizens in Texas is the protection ofthe health, welfare, and safety oftheir communities. In 

### addressing air 

### pollutionconcerns, the age ofa facility is an important determinant inthe consideration ofthe reasonableness ofa particularemission control technology. The TNRCC is prohibitedfrom discriminating onthe basis ofrace, color, religion,
sex, national origin, age, or disability.

One individual commented that the proposed revision whichprohibits requirements for more stringent permits generally violates the TCAA. In addition, this individual questioned whether the proposed changes in §116.311(b) would prevent tightening ofpermits in nonattainrnent areas.



### 7

### SB 1125 ismeantto protect against conditions ofair pollutionorviolations ofstate offederal rules, as discussed previously. Nonattainmentissues are addressedin SubchapterB, §116.150 and §116.151. This rulemaking does not prohibitimplementation ofrules regarding nonattainment areas, sincethese are dermed as "state orfederal airquality regulations."

The City ofDallas desired thatthe actual deadline for the close ofpublic comments be plainly stated in the rule proposal.



### The TNRCC staffhas recently incorporatedmore generalizedlanguagein air-relatedrule proposals to indicatethe close ofcomment date. This changeprovides consistency among all 

### TNRCC rule proposals and also ensuresthat all 

### rule proposals are open for comment.30 days afterpublicationinthe Texas**Re~ster.**

The amendments are adoptedunder the Texas Health and Safety Code, TCAA, §382.017, which provides the TNRCC withthe authority to adopt rules consistentwith the policy and purposes ofthe TCAA.

8

# STAFF RECOMMENDATIONS

------------- ---
-SUBCHAPTERD : PERMIT RENEWALS

§116.310. Notification ofPermit Holder.

The Texas Natural Resource Conservation Commission (TNRCC) shall provide written notice
to the holder ofapermitthatthe permit is scheduled for review. Such notice will be providedby certified or registered United States mail no less than 180 days priorto the expiration ofthe permit. The notice shall specify the procedure for filing an application for review and the informationto be included 

### in the application. The application shall be completedbytheholder ofthe permit and returned to the TNRCC no laterthan 90 days before expiration ofthe permit. Pursuantto Texas Civil Statutes, Article 9027, the TNRCC shall exempt aholder ofa permit from any increased fee orother penalty for failure to renew the permit ifthe individual establishes, to the satisfaction ofthe TNRCC, thatthe failure to renew in a timely manner occurredbecause the individual was on active duty in the United States Armed Forces serving outside the State ofTexas.

§116.311. Permit Renewal Application.

(a) In orderto be granted apermitrenewal, the owner oroperator ofthe facility shall submit information in supportofthe application which demonstrates that:

9(1) the facility is being operated in accordance with all requirements and conditions of the existing permit, including representations inthe application for permitto construct and subsequent amendments, and any previously granted renewal, unless otherwise authorized for a qualified facility;

(2) the facility meets at least the requirements ofany applicable New Source Performance Standards promulgatedby the United States Environmental Protection Agency (EPA) under the authority ofthe Federal Clean Air Act (FCAA), §111, as amended; and

(3) the facility meets at leastthe requirements ofany, applicable emission standard for hazardous air pollutants promulgatedby EPA under the authority ofthe FCAA, §112, as amended.

(b) In additionto the requirements in subsection (a) ofthis section, ifthe**TN~~.CC** determines it
necessary to avoid a condition ofairpollution orto ensure compliance with otherwise applicable federal or state air quality control requirements, then:

(1) the applicant may be required to submitadditional information regarding the emissions from the facility and their impacts on the surrounding area; and

(2) the TNRCC shall impose as a condition for renewal only those requirements the executive director determines to be economically reasonable and technically practicable considering the
age ofthe facility and the impact ofits emissions on the surrounding area.

10(c) The TNRCC shall review the compliance history ofthe facility in consideration ofgranting

apermit renewal. The compliance history review shall be conducted in accordance with §§116.120- 116.126 ofthis title (relating to Compliance History). In order for the permitto be renewed, the application shall include information demonstrating that the facility is orhas been in substantial compliance with the provisions ofthe TCAA and the terms ofthe existing permit. Ifthe facility has a history which demonstrates failure to maintain substantial compliance with the provisions ofthe TCAA

orthe terms ofthe existing permit, the renewal shall notbe granted. Ifit is found that violations in the compliance history constitute a recurring pattern ofegregious conductwhich demonstrates a consistent disregard for the regulatory process, including failure to make a timely and substantial attemptto
correctthe violations, the renewal shall be denied. Ifa contested case hearing has notbeen called, then the staffmust notify the applicant ofthe intentto recommend denial and state the basis ofthe findings. The applicant will be given an opportunity to respond to the notice. Ifthe findings reflect apattern of disregard for applicable regulations which do not warrant denial, additional conditions may be placed in the permit.

(d) Apermitholder that fails to submit an application for review and renewal within 90 days priorto expiration ofthe permit, pursuantto §116.31O ofthis title (relating to Notification ofPermit Holder), will cause the subjectpermitto expire, unless the time period for the submission ofthe application is extended by the executive director. Permits are subjectto the following renewal schedule:

11(1) any pennit issuedbefore December 1, 1991, is subject for review 15 years after the date ofissuance; or

(2) any pennit issued onor afterDecember 1, 1991, is subjectfor review every ten years afterthe date ofissuance;

(3) for cause, apennit issued onor after December 1, 1991, for a facility at a nonfederal source may contain aprovisionrequiring the pennitto be renewed at aperiod ofbetween five and tenyears.



### §116.312. PublicNotification and CommentProcedures.

The executive director shall mail a writtennotificationto the pennitholder within 30 days of receipt ofacompleted application for pennit review and renewal, as detennined by the executive director. The notificationwill acknowledge receipt ofthe application and require the applicantto provide public notice ofthe application for pennit renewal according to §116.132 ofthis title (relating
to Public Notice Fonnat) and §116.133 ofthis title (relating to Sign Posting Requirements). All requirements pertaining to signs and public notification in §116.132 and §116.133 ofthis title and §116.134 ofthis title (relating to Notification ofAffected Agencies) and to public comments in §116.136 ofthis title (relating to Public Comment Procedures), which apply to proposed construction, proposed facilities, and pennit applications shall apply likewise to proposed renewals, existing facilities, and renewal applications. The sign heading requiredunder §116.133(a)(2) ofthis title shall
12read "PROPOSED RENEWAL OF AIR QUALITY PERMIT." When newspaper notices are published in accordance with §116.132 ofthis title, the applicant for permit renewal shall furnish a copy ofsuch notices and dates ofpublication to the TNRCC in Austin and all local airpollution control agencies withjurisdiction in the county in which the facility is located. Along with such notices furnished to the TNRCC, the applicant shall certify thatthe signs required by §116.133 ofthis title have beenposted in accordance with the provisions ofthatparagraph.



### §116.313. Renewal Application Fees.

(a) The holder ofapermitto be reviewed for renewal by the Texas Natural Resource Conservation Commission (TNRCC) shall remit afee with each renewal application, pursuantto the TexasCleanAir Act, §382.062(a)(l)(B), based on the total annual allowable emissions from the permitted facility for which the renewal is being sought, as applied to the following table.

13RENEWAL FEE TABLE*



# x = TOTALALLOWABLE BASEFEE INCREMENTAL FEE (TONS/YEAR) X 5 $300 5 <**X~** 24 $300 $35/ton 24< X 99 $965 $25/ton 99< X 994 $2,840 $8/ton X> 994 $10,000

Minimumfee: $300 Maximumfee: $10,000



## * To calculate the fee, multiply the number oftons in excess ofthe lower limit ofthe appropriate category by the incremental fee, then add this amountto the base fee. For example, iftotal emissions ofall air contaminants are 50 tons peryear, the total fee wouldbe $1,615 (base fee of$965, plus incremental fee of$25 x 26 tons or $650).

(b) This fee shall be due and payable atthe time application for review and renewal is filed with the TNRCC in response to written notice from the TNRCC consistentwith §116.310 ofthis title (relating to Notification ofPermitHolder). No fee will be acceptedbefore thepermitholder has been notifiedby the TNRCC thatthe permit is scheduled for review. The basis for fees is the schedule in effect atthe time the application is filed. All permitreview fees shall be remittedby check ormoney
14orderpayable to the TNRCC and mailed to the TNRCC, P.O. Box 13088, MC 214, Austin, Texas 78711-3088. Required fees mustbe receivedbefore the agency will consider an application to be complete.

§116.314. Review Schedule.

(a) Renewal ofpermit. Subsequentto review, the executive director shall renew apermit ifit is determined the facility meets the requirements of§116.311 ofthis title (relating to PermitRenewal Applications) and §116.312 ofthis title (relating to Public Notificatio,n and CommentProcedures). The executive director shall notify the permitholder in writing ofthe decision regarding renewal. Ifthe permitcannotbe renewed, the executive director shall forward, with the notice, a report which describes the basis for the determination. Ifdenial is based on failure to meetthe requirements of §116.311(a) or (b) ofthis title, the executive director's report shall establish a schedule for compliance with the renewal requirements. The report shall be forwarded to the permitholderno later than 180 days afterthe Texas Natural Resource Conservation Commission (TNRCC) receives a completed application. The permit shall be renewed ifthe requirements are met according to the schedule specified inthe report and the executive director shall notify the permitholder in writing ofthe permit renewal. However, ifdenial is based on failure to maintain substantial compliance with the provisions ofthe Texas Clean AirAct orthe terms ofthe existing permitpursuant to §116.311(c) ofthis title, the renewal denial shall be final, and the executive director shall notify the permitholder in writing ofthe denial.

15(b) Contested case hearing. In the event that the permitholder fails to satisfy the TNRCC requirements for corrective actionby the deadline specified in the TNRCC report, the applicant shall be required to show cause in a contested case proceeding why the permit should not expire. The proceeding will be conductedpursuantto the requirements ofthe Administrative Procedure Act, Chapter 2001, Texas Government Code.

(c) Effective date ofexisting permit. An existing permit shall remain effective until it is renewed, oruntil the deadline specified inthe executive director's report to the permitholder, oruntil

a date specified in any commission orderentered following a contested case hearing heldpursuantto subsection (b) ofthis section. An existing permit shall remain in effectduring the course ofa contested

case hearing ifthe hearing proceeds beyond the permit expiration as identified in §116.311(d) ofthis title.

This agency hereby certifies that this sectionhas beenreviewed by legal counsel and found to be within the agency's authority to adopt.

Issued inAustin, Texas, on November 1, 1995.

16THE STATE OF TEXAS 

### COUNTYOFTRAVIS I hereby certify that ttllS IS Ci**~(r;~** ana**~orrecl** copy of• TexllS Natural Resource**~-AWVjl~I).'f~~ryg;ii>Q d~tT**  

## C the original of WhIC" "

### fllei~fh'Mlf\tMfWc!drdif1M~RCE CONSERVATION OMMISSION CommISSion GIVen unaermyhaf1d IIlOtileseal of 1fflceon DEc (')

.. 

# /;Jh«-,

# t:1

# 1**GIOria&';V~Rhl~~~ifp~~** mneI:ments to 30 TAC Chapter 116, concerning Permit Renewals, fe)(ss'N'atur81'A"esOU/l.e d d' . . h S I I . PI

. an a optmg reVISIons to t e tate mp ementatIon an, to mcorporate recent ConservatIon**Commlr.s,,~** I 0 I 0 0 S BOll 1125 74 h L . I 1995 D k N 95 1exas egIs atIon m enate I ,t egIs ature, ; oc et 00

- 1520-RUL WHEREAS, on November 16, 1995, the Texas Natural Resource Conservation Commission (TNRCC or Commission) considered revisions to 30 TAC Chapter 116, concerning PermitRenewals, and to the State Implementation Plan (SIP), in order to incorporate recent Texas legislation in Senate Bill 1125, 74th Legislature, 1995, by adding §116.311(b), which states that at the time ofrenewal, permit requirements may notbe made more stringent thaT! those ofthe existing permit unless the TNRCC determines that it is necessary to avoid a condition ofairpollution or to ensure compliance with otherwise applicable federal or state air quality control requirements. WHEREAS, pursuant to the Texas Health and Safety Code Annotated, §3820017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter2001 (Vernon's 1993); and 40 Code ofFederal Regulations, §51.102, the Commission, afterpropernotice, conducted apublic hearing on September21, 1995 to considerproposed amendments to 30 TAC Chapter 116 and to the SIP; and WHEREAS, the Commission duly circulated to interested persons, the Regional Administrator ofthe U.S. Environmental Protection Agency (EPA), and all applicable local airpollution control agencies hearing notices ofits 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 hearing; and WHEREAS, copies ofthe proposed amendments were available for public inspection at the Commission's central office and regional offices prior to the scheduled hearing; and WHEREAS, data, views, and recommendations ofinterested persons were submitted to the Commission staffat the hearing and were considered by the Commission staffas reflected in the attached analysis oftestimony; and WHEREAS, the TNRCC finds that said analysis oftestimony includes the names ofall interested groups or associations offering comment on the amendment and theirposition concerning the proposed amendments; and WHEREAS, the Commission finds that the reasonedjustification and factual bases for the proposed amendments are fully set out in the analysis oftestimony; and WHEREAS, the Commission hereby certifies that the amendments, as adopted, have been reviewed by legal counsel and found to be a valid exercise ofthe Commission's legal authority;'''t. ,'" jt., '1, B1'''' f

..... 1'.**,~** ..f"'l_' 

### *', ,.... NOW, THEREFORE, BE IT ORDERED BY THE TNRCC THAT:**:".,~,** ! 1. The amendments to 30 TAC Chapter 116 and to the SIP appenQ.edJo this**Ord~r,:il~.pereby~~,** adopted and promulgated; and -. 2. The Executive Director is instructedto transmit a certified copy ofthis Order, together,with the adopted amendment, to the Governor ofTexas for submittaLto::the Regional Administrator ofEPA as aproposed revision to the Texas SIPpursuant to the Federal Clean Air Act, §110, as amende¢' and -;1 3. The Executive Director is instructedto file a certified copy ofthe adopted amendments to 30 TAC Chapter 116 with the Secretary ofState pursuant to the Administrative Procedure Act.

Issued date:

Attest: 

# NOV 

# 22 1995 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

Bee, Chairman

# 1iu0+:-'~ 

# 11**O~~** Gloria A. Vasquez, Chi 

## :ier"PIssued in Austin, Texas, on NOvember 27, 1995. • TRO-9515215 Dolor

.. AlavarOO Hbbe Chkll Admlnl&tratlon Law Judge Texu Department of AgriQJllure Effedive dale: Decem. 17. 1995 Proposal pLblicalion date: July 25, 1995 For ftnhlli' information, ple8se call: (512) 463-7583 

# • • 

# • TIlLE 30. ENVIRONMENTAL QUALITY 

### Part I. 

### Texas Natura! Resource Conservation Commission Chapter 116. Control Qf Air Pollution by Permits for New Construction or Modification Subchapter D. Permit Renewals

• 30 TAC §§1l6.310-1l6.314 The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts amendments to §116.310, concerning Notification of Permit Holder, §1 16.31 1. concerning Permit Renewal Application, §116.312, concerning Public NotifICation and Comment ProcedlSes, §116.313, concerning Renewal Application Fees, and §116.314. concerning Review Schedule. Sections 116.310, 116.311, and 116.313 are adopted with changes to the proposed text as published in the August 22, 1995. issue of the Texas Register(20 TexReg 6393). Section 116.312 and §116.314 are adopted without changes and wiD not be replblished. The TNRCC permit renewal criteria and procedures have been modified plSSuant to senate BiD (SB) 1125 (74th Legislature). The main regulatory change is the adoption of new §1 18.311 (b), which states 'hat. at the time of permit renewal, the TNRCC may not impose requrements more stringent than the existing permit. unless the TNRCC determinesthat it is necessaryto avoid a condition of air ponution or to ensure compliance with otherwise apprlC8bJe federal or state ar quality control requrements. Some minor administrative changes are adopted in**ot~r** sections for consistency with new §1 16.31 1(b) or for editorial matters. Such as the change of the Texas Air Control Board to the TNRCC. A public hearing was held in Austin on September21, 1995. No oral testimonywas presented at that time. Twelve commenters submitted written testimony on the proposal. Brown McCarroi and Oaks Hartline (Hartline), Amoco Corporation (Amoco), Southwest Publio Service Company (SPS), tM City of Dana., Houston lighting and Power (HP&P), the United States Environmental Protedion Agency (EPA), Texas Mid-Continent Oil and Gas Association (TMOOA), EI Paso Natural Gas Company (EI Paso), Texas Utilities Services (TU). the Lone Star Chapt¥ of the Sierra Club (Sierra), Eastman Chemical Company (Eastman), and one individual made objections or recommendations. In general, nine cornmenters supported the proposal or had no convnent and three objected to the proposal.,..

.


### . . .**~.** . SPS desred changes to §1 16.310 (concerning NotifICation of Permit Holder) to clarify the deadlines lor notice of permit expi"ation and subsequent permit ·apprlCations. This sedion states that the TNRCC shall provide 180 days' notice that a permit must be renewed, and allows apprlC8l1ts 90 days to respond. In some cases, the TNRCC could send the 18O-day notice weR in advance of the adual permit 'expration date. To adci"ess this concern. SPS suggested that the TNRCC permit-- notice be mailed no earlierthan 190days and no less than 180 days prior to expiration of

. the permit, and thatthe application be submitted to the TNRCC no later than 90 days before expration of the existing permit. The TNRCC staff agrees to clarify the 9O-day application period before permit expiration. However, the TNRCC staff disagrees with the suggested restrictive language regarding the period during which the TNRCC should mail the permit renewal notices. Such aten-dayWindOW would penalize the TNRCC if the renewal notice is inadvertently mailed too early. Amoco, SPS, HL&P, TMOGA. and the EPA commented on the use ofthe term 'emissions related· in §1 16.31 1(a)(1). Amoco, HL&P. and TMOGA desired to delete the words ·emissions**related~** because it is ill-defined and potentially contusing. The EPA noted that in many cases. a change in production could be recognized as being a change in emissions. The words ·emissions related· have been deleted. HL&P and TMOGA requested the addition of a clause to the end of new §116. 311(a)(1) to read ·including

... representations in the appfi, cation for permit to construd and subsequent amendments. and any previously granted renewal unless otherwise authorized for aQualifl8d facility: (suggested new '"nguay, s in bold) This addition would be cOt.,istent with §1 18.311 (b)(2). The TNRCC has added the suggested language to recognize the possibility that a ·qualified facility· may not have to comply with an representations in a permit application due to the change in the definition of modification by 5B 1126. However, a facility must comply with the conditions of its existing permit until such time that an amendment, alteration. or oiher mechanism changes the permit conditions. This added language does not authorize or allow a facility to ignore the conditions in its permit. The TNRCC staff proposed to delete former §116.311(a)(1). which stipl,Jlated that the per· mit holder must demonstrate that ·the emissions from the facility comply with all applicable specifications and requirements in the Texas NatlSal ResolSce Conservation Commission (TNRCC) rules and the Texas Clean AirAct (TCAA): The EPA, Sierra. and one incfrvidual questioned the basis for removing this paragraph and how it would enslSe compliance, with more stringent requirements adopted subsequent to the isSlHUlce of a pertnit. Th9 TNRCC believes th8t compliance with an existing permit should be th8 principal focus of the review performed for the renewal of a

.permit. In addition. the TNRCC does not believe that a reevaluation of the original permit application is necessary or a prudent application of agency resources. These are the bases of the proposed deletion of existing §1 16.31 1(a)(1). An applicant for a permit to construct must demonstrate that a proposed facility will comply with all rules and. regulations of the TNRCC and with the intent of the Texas Clean Air Act. It is not necessary to per10rm this evaluation a second time at permit renewal. After construction, a solSce or facility is subjed to all applicable rules ofthis agency and a significant portion of the TNRCC's resources are focused on comprl8nce and enforcement. These efforts do not need to be duplicated during permit renewal. Further, the TNRCC believes that a primary intent of SB 1125 was to refocus the renewal process on the existing permit. unless there was Ii demonstrated problem. In such a case, the permit renewal could be appropriately expanded as provided in §1 16.311 (b). The TNRCC has a well-developed program to ensure compliance with agency rules and permits on an on-going basis. This compliance effort is more than adequate to ensure compliance with TNRCC rules. whether they are long-standing or newly adopted rules. The EPA also questioned the basis for removing former §116.31 1(a)(3). which requires facilities to have ·appropriate meansto measure the emission of significant air contaminants...•• because owner/operators could conceivably remove sampling ports and platforms. Existing §116.311 (a)(3) also duplicates arequrement. applicable to the original permit application. An applicant for a permit to construct must demonstrate that a facility will have provisions for measuring the emissions of significant air contaminants, including the instanation of sampling ports and sampling platforms. When necessary. such requirements are written as conditions of the permit. The renewal review will determine whether a facility is in compliance with any sampling requirements in its permit. Contrary to the commenter's suggestion, an owner/operator could not remove sampling ports or platforms in violation of permit conditions. Further, 30. TAC §101.9 provides independent authority for the TNRCC to require sampling ports and platforms when necessary. The existing §116.311(a) (3) was redundant and unnecessary. Eastman commented that tho words 'the emissions trom' be deleted from the opening of new §118.311 (a)(2) and.(O) because fede·

• ADOPTED RUI.ES December I, .1995 20 TcxRcg 10191raj New Source Performance Standards and National Emission Standards for Hazardous

, PJr Pollutants programs relate to facility per- 

### if:i:'
- formance inSlead ofsolely to emission levels. i1:'

.

# iii9 TNACC Slaff'agrees with this change. '

" ' Hart&ne and SPS supported the proposal, but requeSled a clarification, in §116.311(b)(2) that additional information. or permit s!rin-

, gency may be required only under certain**~-:.~ c~tances.**  The commenter stated that 1'-:;-,

. theword "only" should be added tothe ,'!"
- P.:iate sentences to limit the TNRCC's review**:~:** - ol.economic reasonableness and technical !"

. prilCtiCability. In response, the TNACC Slaff has agreed to add the word "only" to §116. 311 (b)(2). EI Paso objected to proposed §116.311(b)(1) and (2) on the basis thatthese provisions are more slringentthan eitherthe originalpennils or the spirit of S8 1125. Specifically, the commenter felt that §1 16.311 (b)(1) appears to' require penni! modeling and §116.311 (b)(2) may require Reasonable AvailablEi Control Technology (RACT), when the intent was to prevent such an economic burden and technological review. EI Paso suggested restricting thediscussion of RACT to nonattainment area applications. The TNRCC staffdisagrees that §116.31 1(b) 'was intended to require impacts modeling and RACT determinations for all pennit renewal applications. The only need for additional data is contingent upon the TNRCC documenting a condition of air pollution or a rule violation, and paragraphs (1) and (2) are only required if such a condition of air pollution or rule violation is found to exist. Nonanainment area review regulations are located in Subchapter 8, §116,1 50 and §116.151. Sierra disagreed with the language in §1 16.31 1(b)(I) and (2) onthe basisthat additional permit information should always be a requrement and that the age of a facility should not be considered in renewal detenninations. Sierra also raised the possibility that

, amendments underthis rulemaking may inadvertently cause racial discrimination.**Wh~e** the mandate of S8 1125 clearly reo stricts the TNRCC's ability to require additional information without**docu~nting** a condition ofair pollution or rule violation, the first obligation of the TNRCC to citizens in Texas is the protection ofthe health, welfare, and safety of their communities. In address' inga!rpollution concerns, fhe age ofa facility is an important detenninant in the consideration of the reasonableness of a particular emission control technology. The TNRCC is prohibited from discriminating on the basis of 

### race, color, religion, sex, national origin, age, or disability. One individual commented that the proposed revision which prohibits requirements lor more stringent permits generally violates the TCAA. In addition, this indIVidual queSlioned whether the proposed changes in §116. 311(b) would prevent lightening of permits in nonaltainment areas. SB 1125 is meant to protect against conditions 01 air pollution or violations of state of lederal rules, as discussed previously. Nonattainment issues are addressed in SOOchapier B, §116.150 and §116.151; This rulemaking does nol prohibit implementation 01 rules regarding nonallainment areas, since these are defined as. "state or federal air qUality regulations." ' The City of DallaS desired that the actual deadline for the close ofpublic comments be**pla~nIy** ,Slated i? tt19,**ru~** proposaJ:""

.The TNRCC staff has recently incorporated more generalized language in air-relatedrule proposals 10 indicate Ihe close 01 cOmment date. This change provides consistency among all TNRCC rule proposals and also ensures Ihal aR,rufe proposals are open for comment 30 days after publication in the Texas Register. The amendments are adopted under the Texas Health and Safety Code, TCAA, §382.017, which provides the TNACC with the authority to adopt rules consistent with the policy and purposes 01 the TCAA. §1l631O. Notificalion of Permit Holder. The TexaS Natural Resource Conservation Commission (TNRCC) shall provide written notice to the holder ofa permit that the permit is scheduled for review. Such notice will beprovided bycertifiedorregistered United States mail no less than 180 days prior to the expiration of the penni!. The notice shall specify the procedure for filing an application for review and the information to be included in the application. The application shall be completed by the holder ofthe permit and returned to the lNRCC no later than 90 days before expiration ofthe permit. Pursuant to Texas Civil Statutes, Article 9027, the lNRCC shall exempt a holder of a permit from any increased fee or other penalty for failure to renew the permit if the individual establishes, to the satisfaction of the lNRCC. that the failure to renew in a timely manner occurre-d because the individual was on active duty in the United States Armed Forces serving outside the State of Texas. §1l6311. Permit RenewalApplication. (a) In order to be granted a permit renewal, the owner or operator ofthe facility shall submit infonnation in support of the application which demonstrates that (1) the facility is being operated in accordance with all requirements and conditions ofthe existing permit, including representations in the application for permit to construct and subsequent amendments. and any previously granted renewal. unless otherwise authorized for a,qualified facility; (2) the facility meets at least the requirements ofany applicable New Source Performance Standards promulgated by the United States I:;nvironmental Protection Agency (EPA) under the authority of the Federal Clean Air Act (FCAA) . §111. as amended; and ",'.

.

, (3),the facility meets at least the requirements or- any: applicable emission standard for hazardous air pollutants promulgated byEPA under the authority ofthe FCAA, §1l2, as amended. (b).' In addition to the requirements in subsection (a) of this section. if. the lNRCC determines it necessary (0 avoid a condition'of8ii'PollutiOn'or to ensUre'coinpliance with otherwise applicable federal or state air quality control requirements, then: (l) the applicant may be required to submit additional information regarding the emissions from the faCility and their impacts on the surrounding area; and (2) tfie TNRCC shall impose as a condition for renewal only those requirements the executive director determines to be economically reasonable and technically practicable considering the age of the facility and the impact of its emissions on the surrounding area. - , (c) The TNRCC shall review the compliance history ofthe facility in consideration of granting a permit renewal. The compliance history review shall be conducted in accordance with §§1l6.l20- 116.126 ofthis title (relating to Compliance History). In order for the permit to be renewed. the application shall include information demonstrating that the facility is or has been in substantial compliance with the provisions of the TCAA and the terms of the existing penni!. If the facility has a history which demonstrates failure to maintain substantial compliance with the provisions of the TCAA or the tenns of the existing permit. the renewal shall not be granted. Ifit is found that violations in the compliance history constitute a recurring pattern ofegregious conduct which demonstrates a consistent disregard for the regulatory process, including failure to make a timely and substantial attempt to correct the violations, the renewal shall be denied. If a contested case hearing has not been called. then the staff must notify the applicant of theintent tOTecommend denial and state the basis ofthe findings. The applicant will be given an opportunity to respond to the notice. If the findings reflect a pattern of disregard for applicable regulations which do not warrant denial. additional conditions may be placed in the permit. (d) A permit holder that fails to submit an application for review and renewal within 90 days prior to expiration of the permit, pursuant to §116. 310 of this title (relating to Notification of Permit Holder), will cause the subject

.permit to expire. unless the time period for the submission of the application is extended by the executive director. Permits are subject to the following renewal schedule:
20 TexReg 10192 December 1, 1995 Texas Register +Effective date: December 11, 1995 Proposal Plblicalion date: August 22. 1995 For further information. please call: (512) 239-1966 agency will consider an application to be complete. TJ:lis agency hereby certifies that the rule as adopIed has been reviewed by legal counsel and found to be avalid exercise of the agency's legal authority. IsSUed in Austin, Texas, on November 1. 1995. ,\ '. Kevin McCan. ',.: ". Dlrec:tor, Legal Services., '.

, , Dlvlslon :. :." " ','; Taxa Natural RellOU'rca Consarvation Commiaalon**:~**

### ..., (1) anypermitissued befoie**De-'~'** thepermitted facility for which the renewal cembet 1. 1991. is subject for review 15 ",is being sought, as applied to the following years after the date of issuance; or table, '" ., ',' , ; (2) any permitissued on or after Figure 1: 30 'tAC f116.313(a) December I, 1991. is subject**fo~** review (b) This fee shall be due and payevery ten years after the date of**l~uance;** able at the time application for review and (3) for cause. apermitissued on renewal is filed with the lNRCC in re- 'orafterDecemberl. 1991. for afacility ata sponse to written notice from the lNRCC nonfederal source may contain a provision

.consistent With §l16.310 ofthis title (relat- ' requiring the permit to' be**renew~.** at a, ,ing to Notification of Permit Holder). No period of between nve ,.rid ten' years. fee will be accepted before the' permit
" .' .:,-," holderhas been notified by thelNRCC that §116.313. Renewal Application Fees. the permit is scheduled for review. The basis for fees is the schedule in effect at the (a) The holder of a permit to be time the application is flled. All permit reviewed for renewal by the Texas Natural review fees shall be remitted by

### check or Resource Conservation Commission money order payable to the lNRCC and (lNRCC) shall remit a fee with each re- . mailed to the lNRCC. P.O. BOlt 13088. newal'application: pursuant to the Texas MC 214, Austin, Texas 78711-3088. ReClean Air Act, §382.062(a)(I)(B), based on quired fees must be received before the the total annual allowable emissions from

. 

### ,**'.~** . TRD·9515074 '-( ;..



# •

" 

# • •

• ADOPTED RULES December 1, 1995 20 TexReg 10193 

# II**.:~** .. '.

# . '.**~J'** Figure: 30. 

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## :'1 l",,A.;t" TAG· §116

..313 a -c-" •..••.•• '. rr.'." ,.-; :':,,,' ;'.:, "":

..;,'. '::" •. _, .... RENEWAl, 

## FE'E'iABLE*' '

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# t~';~:t**,'~: ~-.,.**  ..: X'a TOTAL ALLOWABLE INCREMENTAL (TONS/YEAR) BASE FEE FEE

. X :s:: 5 $ 300



## - - 5 < X s 24 $ 300 $35/ton 24< X :s:: 99 $ 965. $25/ton 99< X s 994 $ 2,840 $ 8/ton X > 994 $10,000

Minimum fee: $300 Maximum fee: $10,000



## * To calculate the fee, multiply the number of tons in excess of the lower limit of the appropriate category by the incremental fee, then add this amount to the base fee. For example, if total emissions of all air contaminants are 50 tons per year, the total fee would be $1,615 (base fee of $965, plus incremental fee of $25 x 26 tons or $650).

20 TexReg 10196 December 1, 1995 Texas Register •