STATE OF TEXAS

OFFICE OF THE GOVERNOR

GEORGE W. BUSH

GOVERNOR December 15, 1995

Ms. Jane Saginaw

Regional Administrator

U.S. Environmental Protection Agency

Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Dear Ms. Saginaw:

W[',~i': :'JOO

NSRSECTION

l __--:::.:..:.:::.:.------o GUN

-----

Enclosed are revisions to 30 TAC Chapter 16, which were adopted by the Texas Natural

Resource Conservation Commission (TNRCC) on November 16, 1995. Sections

116.310-116.314, concerning Permit Renewals, were amended to incorporate the portion

of Senate Bill 1125, 74th Texas Legislature, 1995, concerning air quality permit renewals.

New §116.311(b) was added to specify that, at the time ofpermit renewal, the commission

may not impose requirements more stringent than those ofthe existing permit 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. In

addition, minor administrative changes were adopted in the remaining sections for

consistency with the new §116.311(b) and to update references. Also enclosed is a public

hearing certification, as required by 40 CFR §51.102(f); a complete record ofthe public

hearing; and the adoption Order.

I look forward to your expeditious approval ofthis revision to the Texas SIP.

GWB:ab

cc: Mr. Barry R. McBee, Chairman, Texas Natural Resource Conservation

Commission

Mr. Dan Pearson, Executive Director, 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 by Reducing and Preventing Pollution

THE STATE OF TEXAS §

COUNTY OF TRAVIS §

This is to certify that the attached are true and correct copies of revisions 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. Prior to the adoption of the revision, a public hearing was held pursuant to

40 CFR, §51.102(a), and notice of the hearing was given which conformed to the requirements of 40 CFR,

§51.102(d). I am the custodian of the records of the Commission.

To certify which, witness my hand and the seal of the Texas Natural Resource Conservation

Commission, this tae 16th day of November, 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

512/239·1000
Texas Natural Resource

Conservation Commission

Public Hearing

September 21, 1995

30 TAC Chapter 116

Senate Bill 1125 Revisions
INTRODUCTION

A public hearing was held in Austin on September 21, 1995 to consider revisions to §§116.31O-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 was 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 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 of the public hearing and is

divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations

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

Austin, Texas 78753. For further information, contact Sam Wells at (512) 239-1441.
PUBLIC

NOTIFICATION AND

PROPOSAL
PUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of the notice of public hearing in the following newspapers on the dates listed:

Austin American-Statesman; August 23, 1995

Fort Worth Star-Telegram; August 22, 1995

Houston Chronicle; August 22, 1995

2. Publication of the public hearing notice and proposed rule in the Texas Register on August 22,

1995.

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

Speaker of the House

Lieutenant Governor

Dallas Department of Health and Human Services

EI Paso City-County Health District

Fort Worth Public Health Department

Galveston County Health District

Houston Department of Health and Human Services

Harris County Pollution Control Department

City of EI Paso
North Central Texas Council of Governments

Houston-Galveston Area Council

South East Texas Regional Planning Commission

Arkansas Department of Pollution Control and Ecology

Louisiana Department of Environmental Quality

New Mexico Air Quality Bureau

Oklahoma State Department of Health

U. S. Environmental Protection Agency
EXAMPLE QF

NEWSPAPER CLASSIFIED AD

Fort Worth Star-Telegram

August 22, 1995

NOTICE OF PUBLIC HEARING I , BY THE TEXAS NATURAL

RESOURCE CONSERVATION""] ._ COMMISSION ON PRO- ; ,- POSED REVISIONS TO :-

-'-CHAPTER f 16 AND 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 hearing tl? receive tes· 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 consistenH6~Tl l~ea:c.e'to ~~~~~~ references.

A public hearing on the pro- ~osal will be held September

, R~~ ~1~sa~ ~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 after the 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 at the 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

~~veo~~~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'!'mlsslon
TNRCC. 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)

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 101 and the SIP.

The 1NRCC proposes revisions to §101.2. concerning

Multiple Air Contaminant Sources or Properties. 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 integrated plant or plants where individual

facilities are owned by separate entities. but all facilities

are under the control of a single entity. The proposed

amendment would further restrict contiguous properties to

those separated only by roads. railroads. and rights-of-way

which are considered part of the property or properties.

A public hearing on the proposal will be held September

21. 1995. at 10:00 a.m. in Room 254S of TNRCC Building B. located at 12118 North IH-35, Park 35 TechnoloiY

Center. A~stin·. The hearing is structured for the receipt of

oral or wntten 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 offlce in Austin. The

deadline for submission of written comments will be 30

days after the date of publication of the proposal in the

Te;ocQs Register. Material received by the TNRCC Office of

Policy ~nd Regul~tory Development by 4:00 p.m. on that

date Wi~ 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 #95111-101-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 rn-35.

Park 35 Technology Center. Building E. 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 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

~CC ~eterm~es that it is necessary to avoid a condi-'"

hon of au 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.

A public hearing on the proposal will be held September

21, 1995. at 2:00 p. m. in Room 2545 of TNRCC Building

B, located at 12118 North IH-35 , Park 35 Technology

Center, A~stin. 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 the 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 Usa 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 ~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 6517
Notice is given to the public of the intent to flle with the

Public Utility Commission of Texas' an application

pursuant to Public Utility Commission Substantive Rule

23.27 for approval of customer-specific PLEXAR-Custom

Service for Tarrant County, Fort Worth. Texas.

Tariff Title and Number. Application of Southwestern Bell

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

existing PLEXAR-Custom service for Tarrant County. 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

service market for this specific service is anywhere within

the state of Texas where MIDCOM Communications, Inc.

doing business as Logicall provides services to Southwestern Bell end user customers. .

Persons who wish to comment upon the action sought

should contact the Public Utility Commission of Texas. at

7800 Shoal Creek Boulevard. Austin. Texas 78757. or call

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 of the intent to file with the

Public Utility Commission of Texas an application

pursuant to Public Utility Commission Substantive Rule

23.27 for approval of customer-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 of a new 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

should contact the Public Utility Commission of Texas. at

7800 Shoal Creek Boulevard. Austin. Texas 78757, or call

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

August 23. 1995. at 9:00 a.m., in the Department of Public

Safety Conference Room B. 5805 North Lamar Boulevard.

Austin. Texas.

The purpose of the hearing is to receive comment from all

interested persons regarding adoption of the amendment to

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 of the Texas Register. (20 TexReg 4119), regarding

Administrative License Revocation (ALR).

The hearing is in response to one request for a public

hearing: This request is from the Texas Criminal Defense

Lawyers Association.

Persons interested in attending this hearing are encouraged

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 of the intent to file with the

Public Utility Commission of Texas an application

pursuant to Public Utility Commission Substantive Rule

23.27 for approval of customer-specific contract for Billing and Collection Services.

Twf Title and Number. Application of Southwestern Bell

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

first five-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 of the 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

2545 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.

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 [Chapter 691. 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 6393
Proposed date of adoption: October 26. 1995

For further information, please call: (512)

239-1966

renewal requirements. The report shall be

forwarded to the permit holder no later than

180 days after the Texas Natural Resource ..

Conservation Commission (TNRCC) reo

ceives 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 §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 of the 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 if the 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

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.

(d)[(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

§1I6.310 of this 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 of the application is extended by

the executive director. Permits are subject

to the following renewal schedule:

(1) any permit 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. 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.

§J /6.312. 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 §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 and public notification in

§1I6.132 and §1I6.l33 of this title and

§1I6.J34 of this title (relating to Notifica·

tion of Affected Agencies) and to public

comments in §II6. 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 §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 of publica-

. tion 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 §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 Air Act. §382.062(a)(l) (B). based on

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 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 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 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 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, Executive Director

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

Protecting Texas by Reducing and Preventing Pollution

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 TESTIMONY
Reference 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 of Dallas

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

Brandt Mannchen

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

September 20, 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 &

GULATORY DEVELOPMENT

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 authorized for a qualified facility.

Comment

Delete the phrase "emissions related" and add the phrase "unless otherwise 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\RENEWP DOC
09/19/95 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 Lilftiztd Liabilityl'armmhip l.,.c~1'Il Pn(essional Corpora.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. Lisa Martin

Office of Poltcy 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

Dear Ms. 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 permit renewal rules that were

published in the August 22, 1995 issue of the Texas Register.

First. we believe the following changes (indicated by bold face and underlining) should

be made to proposed § 116.31l(b) to cause it to more accurately reflect the language and intent

of S.B. 1125:

(b) In addition to the requirements in subsection (a) of this

section, only 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:

(1) The applicant may be required 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 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. 300 Cr_cnt CoU" . Suite 1100 •Dalt.... TCXlLJ 75201·6929· (214) 999-6100 . 1',., (214) 999·6170

I{OUllDI' Olice: 1300 Wordwrt TOIIIcr • 2721 Allen Pnrk~y • HOIISt(ln. TCllllll170\9·2100 • (113) S2!1.lll0 . Fa" (7l3) 5'25-6195

/...oaj;Ylrw Of6cc: 220 Enet!:Y Centre • 1127)ud.on R-!' P.O. 5011 3999 •Lu"ll"iew. Tau 75606-3999 • (90 1\ ! 16·9800 • Ft.x (903) 236-8181
09119/95 16:17

Ms. Lisa Marti n

Page 2

September 19, 1995

US12 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 not been issued. prior to the effective date ofthese revisions.

Thank you for the opportunity to present our comments on these proposed revisions. If

you have any question~ please call.

-

j1tiIl.~

Keith A. 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. Lisa Martin

Office of Policy and Regulatory Development

Texas Natural Resource Conservation Commission

P.O. Box 13087

Austin, TX 78711-3087

Dear. Ms. Martin:

TexasEast~~on P.O. 7444

Longview, Texas 75607-7444

Phone: (903) 237-5000

Re: Written Comment on Proposed Changes to 30 T~C 116, Control of Air

Pollution by Permits for New Construction or Modification, at 20 Tex Reg

6393

Texas Eastman Diyision, Eastman Chemical Company, is a manufacturer of chemicals

and plastics and operates facilities in Harrison and Smith counties. We frequently apply

for permits for new construction or modification and renew these permits when

necessary.

We support the proposed mechanism.for implementing Senate Bill 1125. The proposed

changes to Regulation VI support the spirit and intent ofthe Texas Legislature's changes

to the Texas Clean Air Act. The proposed language will significantly reduce the burden

of obtaining a permit renewal if a facility is in compliance with all existing federal and

state permit requirements and is not causing any adverse off-site impacts.

We do recommend one additional change to Regulation VI. The proposed regulation,

§166.311(a)(2) and (a)(3), requires that "the emissions from the facility meet at least the

requirements..." of any applicable federal NSPS and NESHAP. However, the federal

NSPS and NESHAP regulations are not implemented in these same terms. The federal

programs are written as performance standards and not in terms of actual emission rates

to the atmosphere. Therefore, §166.311 (a)(2) and (a)(3) should instead state that "the

facility meets at least the requirements..." of any applicable federal NSPS and NESHAP.

T.... Euan.n Division
Ms. Lisa Martin

Page 2

September 15, 1995

If you have any questions regarding these comments, please call John D. Tolleson, P.E. at

(903) 237-6128.

Yours very truly,

Dael Baughman, P.E.

Manager, Environmental Affairs

L019JDT5.rw

cc: Mr. Charles Murray

Air Program Director

Texas Natural Resource Conservation Commission

1304 South Vine Avenue

Tyler, Texas 75701
SEP-22-85 14.54 FROM. EPNG ENVIRONMENTAL AFFAIR ID. 815544

EIPaSD

NatuRli &as Cgmparll.,

September 15, 1995

Ms. Lisa Martin

Office of Policy 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

Dcnr Ms. Martin: .

EI Paso Natural Gas Company (EI r'aso) is a major interstate natural gas transmission

company which operates numerous facilities in Texas, as well as in New Mexico, Arizona,

Colorado, and Oklahoma. EI Paso appreciates the opportunity to provide comments on

the proposed rule.

Proposed sections 1\6.311 (b)( I) and 116.31\(b)(2) would seem to impose more stringent

requirements than the original permits, in contradiction to the intent ofS.B. 1125.

Specifically, comments and alternative language are offered tbr the two sections:

§116.3 11 (b)(t) -ll appears that this change would impose modeling requirements where

they are not needed for a permit renewal. Modeling should only be required for sources in

nonallainrncnt areaS as detined under Subchapter B for new source reyiew (30 TAC

116. t 10). Imposing modeling requirements olltside nonallainment areas wOlild

significantly expand the time and C()st to industry as well as the TNRCC.

§! 16.3 11 (b)(2) - There are sufficient nJles in place (1. e., those governing nonattainment

areas) to address remedies such as emission reductions from a facility If a facility 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 place ofthe nblwe:

§I 16.3 1I(b): "In addition to the requirements in slIbsection (a) ofthis section, ifthe

TNRCC determines it necessary to avoid a condition of air pollution or to ensure

compliance with otherwise applicable federal or state air quality control rcquircmentSt.aM

lhUQurce is in a npmmainment area, the applicant may be required tl) submit additional

information regarding the emissions from 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;~ Marsha Conley, Ph. D.

Manclger

Environmental Affairs Department

PAGE 3
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 8-6

REGION 6

1445 ROSS AVENUE, SUITE 1200 REeEl V

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 PULlC f &

TORY DEVELOPMENl

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 requ irement 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 • Printed with Vegetable Oil Based Inks on t00% Recyded Paper (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)
The Lighl cODlpany

Houston Lighting & Power

September 15, 1995

8

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

RECE\VED

Ms. Lisa Martin

Office ofPolicy and Regulatory Development

Texas Natural Resource Conservation Commission

Mail Code 205

P. O. Box 13087

Austin, Texas 78711-3087

Re: Comments on Proposed Changes to Chapter 116, Subchapter D: Permit Renewals

Dear Ms. Martin:

Houston Lighting & Power Company (Ill.&P) 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 ofthe existing

permit, including emissions related representations in the application for permit to construct and

subsequent amendments, and any previously granted renewals unless otherwise authorizedfor a

qualifiedfacility.

Comment

Delete the phrase "emissions related" and add the phrase "unless otherwise 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 representations for "qualified

facilities." HL&P suggests consistency between 116.116(b)(2) and this subchapter.

Should you have any questions regarding the above comments please contactChris Thiele ofmy staff·

at (713) 945-8023.

Sincerely,

B. C. Carmine, P.E.

Manager, Air Resources Division

CCT/cet

A Subsidiary of Houston 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

TEXAS MID-CONTINENT OIL & GAS ASSOCIATION

Dear Ms. Martin:

Re: Comments on Proposed Changes to Chapter 116, Subchapter D:

Permit Renewals

September 21, 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 over 2,000 members, including 50 ofthe State's largest energy companies,

who account for over 90 percent of all oil and gas production in Texas and for

approximately 95 percent ofthe refining capacity in Texas.

Ms. Lisa Martin

Texas Natural Resource Conservation Commission

Office ofPolicy and Regulatory

Mail Code 205

P. O. Box 13087

Austin, Texas 78711-3087

Via FAX 512/239-5687

Leiter Clark, Breckenridge

Chairman

Rabert L Looney, AUltin

President

William L Ennis, Austin

Vice-President

for Membersh;p

Cindy L Marphew, Austin

Vice-President

for Environmental Affairs

Beniamin W. Sebree, Austin

Vice-President

for Governmental Affairs

Jim Sierra, Austin

Vice-President

for Finance

District

Vice-Presidents

E. L Ames, Jr., San Antonio

Southwest Texas

Danny H. Conklin, Amarillo

The Panhandle

Dan Allen Hughes, Jr., Beeville

The lower Gulf Coast

A. V. Jones, Jr., Albany

West Central Texas

W. A. Landreth, Jr.. Fort Worth

North Central Texas

Curtis W. Mewboume, Tyler

East Texas

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 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 ofthe 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.

1115 San Jacinto Boulevard· Suite 275 • Austin, Texas 78701·1980 • TELE: 512/478-6631 • FAX: 512/472·3859
TMOGA Comments on Chapter 116, Subchapter D

September 21, 1995

Page two

Comment

Delete the phrase "emissions related" and add the phrase "unless otherwise

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.

RL:ad
Sierra. Club 5124778526 P.04

SIERRA

CLUB

September 22, 1995

LONE STAR CHgER P. O. Box 193 t

Austin, TX 78767

Mr. Sam Wells

Air Policy and RegUlations Divi5io~ . . Texas Natural Resource Conservation Comrrusslon

P. O. Box 13087

Austin, Texas 78711-3087 By Fax 239-5687

Re: Comments on Proposed Permit Renewals under 30 TAe §§116.310 - 116.314,

and Regulation VI.

Dear Mr. Welts:

I am writing to express major concerns by the Lone Star Chapter of the Sierra Club about the

proposed revisions of Permit Rules in Regulation VI, specifically 30 TAC §§116.310 - 116.314

although these changes are the primarily result of legislative actions last spring including SB t 125.

Protest §116.310 (b): this language is too weak to adequately protect many communities living

near large refining, petrochemical and other industrial sources. Many large industrial facilit.j~s do

cause, at least part of time. a condition of air pollution. and the TNRCC needs to be more dIligent

about confirming such violations plus obtaining corrective measures. All facilities operatini under

ap~1iS::itble federal or state air quality control reqyirements MUST FULLY COMPLY with these

requirements. The language here is extremely vague. ADD: Facilities shall comply with aU applicable

federal gf stat<:= air quality control requirements.

Protest §116.310 (b) (l): This language is terrible. It fails to promote protection of public

health and safety as required by state and federal clean air laws. ADD: The applicant shall be required

to submit additional information regarding the emissions from the facility and their impacts on the

surrounding area.

Protest § 116.310 (b) (2): The Age of a facility should not be considered as much as the health,

welfare and safety of nearby communities. This language appears to be an attempt to help older

grandfathered facilities from fully complying with the Texas Clean Air Act and Federal Clean Air Act.

Another community concern for many Texas citizens is environmental justice through disparate

treatment. Is this proposed amendment to rule J16.310 - 314 creating, perpetuating or promoting

disparate treatment of racial minorities so as to discriminate, even unintentionally, in violation of Title

VI? Has the TNRCC discussed or considered such a potential? If the TNRCC has not done so, then

this is it fonnel request for TNRCC to fuJly and continuously comply with Title VI and insure that this

rule amendment is not discriminatory in any fashion to Texas citizens. Pursuant to Title VI of the Civil

Rights Act of 1964, the ThRee is required as a recipient offederal funds to be in full and continuous

compliance.

The mandate of Title VI. 42 U.S.c. §2000d applies to the T~~CC. Section 2000d !'.tates in relevant

paragraphs:

No person in the United States shall, on the ground of race, COIOf, or

national origin, be excluded from participation in, be denied the benefits

of, or be SUbjected to discrimination under any program or activity receiving

Federal financial assistance. 42 U.S.C. Section 2000d, Title VI, Section 60 J•••

"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

@ recycled p,per
The Civil Rights Act of 1964 funhennore clearly provides in Section 602:

Each Federal department and agency which is empowered to extend

Federal financial assistance to any program or activity ... is authorized

and directed to effectuate the provisions of Section 2QOOd of this Title with

re!'pect to such program or activity by issuing rules. regulation~ and

orders ... which shall be consistent with the achievement of the objectives

ofthe Statute authorizing the financial assistance in connection with

which the action is taken.

42 U.S .C. § 2000d-l, Title VI, Section 602.

The EPA's applicable regulations prohibit not only intentional discrimination. but also uses of

federal funds that have discriminatory effects. The EPA regulations implementing Title VI state:

A recipient shall not use criteria or methods of administering its program

which has the effect ofsubjecting individuals to discrimination because of

their race, color, national origin, or sex, or have the effect of defeating or

substantially impairing accomplishment of the objectives of the program

with respect to individuals of a particular race. color. national origin, or sex.

40 C.F.R. § 7.35 (b) (emphasis added).

Thus. under Title VI and the EPA's implementing regulations, programs receiving EPA funds

may not be administered. in a manner that has the practical effect of SUbjecting individuals to .

discrimination based upon race. However. citizens including Sierra Club members are deeply

concerned that Texas' environmental programs do just that. Citizens have submitted several

complaints to EPA and the complainants allege that the TNRCC, using federal funds, provides

environmental protection services that reflect disregard for the environmental protection needs of

people of color and poor residents of Texas. In short, TNRCC's provision of environmental

protection services discriminate. if not by intent then certainly by effect, against the people of color and

poor residenl'; of Texas. If the TNRCC fails to take into consideration this request, a complaint made

be made to EPA's Office of Civil Right5.

. . The Lone Star Chapter of the Sierra Club is deeply concerned over the on-going threats of

slgmficant toxic air pollution occurring in many Texas communities. In order to protect Texac; public

health, safety, welfare and the environment. the Sierra Club strongly recommends that the Tex.as

Natural Resource Conservation Commission (TNRCC) consider these comments in amending rules in

RegUlation VI.

Respectfully yours,

~;/~.~

~:Vcarman,Ph.D.

Clean Air Program Director

Lone Star Chapter of the Sierra Club

P. O. Box 1931

Austin. TX 78767-1931

(512) 472-1767 Fax. (512) 477-8526

cc: Dr. George Smith, Air Quality Chair, Sierra Club

Ms. Leslie Fields, Environmental Justice director, Sierra Club
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 of Permit 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

September 22, 1995

Richard L. White

Vice President, Environmental Services

Lisa Martin

Office ofPolicy and Regulatory Development

MC205

P.O. Box 13807

Austin, Texas 78711-3087

Dear Ms. Martin:

8

RECEIVED

(':-r) --. '7

'.; C J'(j', 1995

OFFICE OF POLICY &

REGULATORY DEVELOPMENT

Texas Utilities Services, Inc. submits the following comments on behalf of Texas 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, August 22, 1995, on pages 6393-6394. The principal business ofthe Texas Utilities

Company System (hereinafter referred to as TV) is the generation and distribution of electrical

energy to north, central, east, and west Texas to approximately one-third ofthe population and

area ofthe 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

conserving resources while still being protective ofpublic health and the environment.

Thank you for the opportunity to comment.

Sincerely,

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

Energy Plaza 1601 Bryan Street Dallas. Texas 75201-3411 (214) 812-4444 Fax (214) 812-4365
Reference 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:

Chief Clerk's Office

Beverly Hartsock, Deputy Director

Office of Policy and Regulatory Development

Docket No. 95-1520-RUL. Consideration for adoption of amendments to 30 TAC

Chapter 116, Subchapter D, Sections 116.310-116.314, concerning Permit Renewals; and

revisions to the State Implementation Plan. If approved, the rules would incorporate the

provisions of Senate Bill 1125 (74th Legislature). The proposal was published in the

August 22, 1995 issue of the Texas Register (20 TexReg 6393).

Senate Bill 1125 (74th Legislature) modified how air quality permits are renewed and how hearing requests

are considered. This rulemaking is only concerned with permit renewals, as required under Section

382.055 of the Texas Clean Air Act (effective May 23, 1995). The procedural rules have been amended

accordingly to reflect the granting of hearing requests on permit renewals. Specifically, this legislation

states that the Texas Natural Resource Conservation Commission may not impose more stringent

requirements at the time of renewal unless it is necessary to avoid a condition of air pollution or to ensure

compliance with otherwise applicable federal or state air quality requirements.

A public hearing was conducted on September 21, 1995. Twelve commenters submitted written testimony,

which has been incorporated into the record and discussed in the analysis of testimony. Based on these

comments, minor administrative changes were made to the proposal. Staff recommends adoption of the

proposal.
EVALVATION OF TESTIMONY

The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts amendments

to §116.31O, concerning Notification of Permit Holder, §116.311, concerning Permit Renewal

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 in the August 22,

1995, issue of the Texas Register (20 TexReg 6393). Sections 116.312 and 116.314 are adopted

without changes and will not be republished.

The TNRCC permit renewal criteria and procedures have been modified pursuant to Senate Bill (SB)

1125 (74th Legislature). The main regulatory change is the adoption of new §116.311(b), which states

that, at the time of permit 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 of air pollution

or to 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)

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 September 21, 1995. No oral testimony was presented at that

time.

1
Twelve commenters submitted written testimony on the proposal. Brown McCarrol & Oaks Hartline

(Hartline), Amoco Corporation (Amoco), Southwest Public Service Company (SPS), the City of

Dallas, Houston Lighting and Power (HP&P), the United States Environmental Protection Agency

(EPA), Texas Mid-Continent Oil & Gas Association (TMOGA), EI Paso Natural Gas Company (EI

Paso), Texas Utilities Services (TU), the Lone Star Chapter of the Sier~a Club (Sierra), Eastman

Chemical Company (Eastman), and one individual made objections or recommendations. In general,

nine commenters supported the proposal or had no comment and three objected to the proposal.

SPS desired changes to §116.31O (concerning Notification of Permit ,Holder) to clarify the deadlines for

notice of permit expiration and subsequent permit applications. This section states that the TNRCC

shall provide 180 days' notice that a permit must be renewed, and allows applicants 90 days to

respond. In some cases, the TNRCC could send the 180-day notice well in advance of the actual

permit expiration date. To address this concern, SPS suggested that the TNRCC permit notice be

mailed no earlier than 190 days and no less than 180 days prior to expiration of the permit, and that the

application be submitted to the TNRCC no later than 90 days before expiration of the existing permit.

The TNRCC staff agrees to clarify the 90-day application period before pennit expiration.

However, the TNRCC staff disagrees with the suggested restrictive language regarding the period

during which the TNRCC should mail the pennit renewal notices. Such a ten-day window would

penalize the TNRCC if the renewal notice is inadvertently mailed too early.

2
Amoco, SPS, HL&P, TMOGA, and the EPA commented on the use of the 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 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)(I) to read

"including ... representations in the application for permit to 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 consistent with §116.311(b)(2).

The TNRCC has added the suggested language to recognize the possibility that a "qualified

facility" may not have to comply with all representations in a permit application due to the

change in the defInition of modifIcation by SB 1126. However, a facility must comply with the

conditions of its existing permit until such time that an amendment, alteration, or other

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)(l), which stipulated that the permit holder

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

3
Clean Air Act (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 subsequent to

the issuance of a permit.

The TNRCC believes that compliance with an existing permit shoul~ be the 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 §116.311(a)(l).

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 perform this evaluation a second time at permit renewal. Mter construction, a

source or facility is subject to all applicable rules of this agency and a significant portion of the

TNRCC's resources are focused on compliance 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 a demonstrated problem. In such a case, the permit

renewal could be appropriately expanded as provided in §116.311(b).

4
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 §116.311(a)(3), which requires facilities to

have"appropriate means to measure the emission of significant air contaminants... ," because

owner/operators could conceivably remove sampling ports and platforms.

Existing §116.311(a)(3) also duplicates a requirement applicable tc;> 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 installation 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 the words "the emissions from" be deleted from the opening of new

§116.311(a)(2) and (3) because federal New Source Performance Standards and National Emission

5
Standards for Hazardous Air Pollutants programs relate to facility performance instead of solely to

emission levels.

The TNRCC staff agrees with this change.

Hartline and SPS supported the proposal, but requested a clarification in §116.311(b)(2) that additional

information or permit stringency may be required only under certain circumstances. The commenter

stated that the word "only" should be added to the appropriate sentences to limit the TNRCC's review

of economic reasonableness and technical practicability.

In response, the TNRCC staff has agreed to add the word "only" to §1l6.31l(b)(2).

EI Paso objected to proposed §116.311(b)(1) and (2) on the basis that these provisions are more

stringent than either the original permits or the spirit of SB 1125. Specifically, the commenter felt that

§116.311(b)(1) appears to require permit modeling and §116.311(b)(2) may require Reasonable

Available Control Technology (RACT), when the intent was to prevent such an economic burden and

technological review. EI Paso suggested restricting the discussion of RACT to nonattainment area

applications.

The TNRCC staff disagrees that §116.311(b) was intended to require impacts modeling and

RACT determinations for all permit renewal applications. The only need for additional data is

contingent upon the TNRCC documenting a condition of air pollution or a rule violation, and

6
paragraphs (1) and (2) are only required if such a condition of air pollution or rule violation is

found to exist. Nonattainment area review regulations are located in Subchapter B, §1l6.150 and

§116.151.

Sierra disagreed with the language in §116.311(b)(1) and (2) on the basis that additiorial permit

information should always be a requirement and that the age of a facility should not be considered in

renewal determinations. Sierra also raised the possibility that amendments under this rulemaking may

inadvertently cause racial discrimination.

While the mandate of SB 1125 clearly restricts the TNRCC's ability to require additional

information without documenting a condition of air pollution or rule violation, the first obligation

of the TNRCC to citizens in Texas is the protection of the health, welfare, and safety of their

communities. In addressing air pollution concerns, the age of a facility is an important

determinant 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 for more stringent

permits generally violates the TCAA. In addition, this individual questioned whether the proposed

changes in §116.311(b) would prevent tightening of permits in nonattainrnent areas.

7
SB 1125 is meant to protect against conditions of air pollution or violations of state of federal

rules, as discussed previously. Nonattainment issues are addressed in Subchapter B, §116.150

and §116.151. This rulemaking does not prohibit implementation of rules regarding

nonattainment areas, since these are dermed as "state or federal air quality regulations."

The City of Dallas desired that the actual deadline for the close of public comments be plainly stated in

the rule proposal.

The TNRCC staff has recently incorporated more generalized language in air-related rule

proposals to indicate the close of comment date. This change provides consistency among all

TNRCC rule proposals and also ensures that all rule proposals are open for comment. 30 days

after publication in the Texas Re~ster.

The amendments are adopted under the Texas Health and Safety Code, TCAA, §382.017, which

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

TCAA.

8
STAFF

RECOMMENDATIONS

---------------- -
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 no later than 90 days before expiration of the permit. Pursuant to Texas Civil

Statutes, Article 9027, 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:

9
(1) the facility is being operated in accordance with all requirements and conditions of

the 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 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 amended; and

(3) the facility meets 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.

(b) In addition to the requirements in subsection (a) of this section, if the TN~~.CC determines it

necessary to avoid a condition of air pollution orto ensure compliance with otherwise applicable

federal or state air quality control requirements, then:

(1) the applicant may be required 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 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.

10
(c) 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 §§116.120-

116.126 of this 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 permit. Ifthe 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 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 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.

(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 §116.31O 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:

11
(1) any pennit issued before December 1, 1991, is subject for review 15 years after

the date of issuance; or

(2) any pennit issued on or after December 1, 1991, is subject for review every ten

years after the date of issuance;

(3) for cause, a pennit issued on or after December 1, 1991, for a facility at a

nonfederal source may contain a provision requiring the pennit 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 pennit holder within 30 days of

receipt of a completed application for pennit review and renewal, as detennined by the executive

director. The notification will acknowledge receipt of the application and require the applicant to

provide public notice of the application for pennit renewal according to §116.132 of this title (relating

to Public Notice Fonnat) and §116.133 of this title (relating to Sign Posting Requirements). 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 comments in

§116.136 of this 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 required under §116.133(a)(2) of this title shall

12
read "PROPOSED RENEWAL OF AIR QUALITY PERMIT." 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.

§116.313. 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 Air 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.

13
RENEWAL FEE TABLE*

x = TOTAL ALLOWABLE BASE FEE 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

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).

(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 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

14
order payable to the TNRCC and mailed to the TNRCC, P.O. Box 13088, MC 214, Austin, Texas

78711-3088. 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 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 §116.312 of this title (relating to Public Notificatio,n 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(c) of this title, the

renewal denial shall be final, and the executive director shall notify the permit holder in writing of the

denial.

15
(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 of the Administrative Procedure Act,

Chapter 2001, Texas Government Code.

(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 §116.311(d) of this

title.

This agency hereby certifies that this section has been reviewed by legal counsel and found to be within

the agency's authority to adopt.

Issued in Austin, Texas, on November 1, 1995.

16
THE STATE OF TEXAS

COUNTY OF TRAVIS

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 unaer my haf1d IIlO tile seal of 1fflce on DEc (') ..

/;Jh«-, t:1 GIOria&';V~Rhl~~~ifp~~ 1 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 1 exas 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 Permit Renewals,

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 of renewal,

permit requirements may not be made more stringent thaT! those of the existing permit 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.

WHEREAS, pursuant to the Texas Health and Safety Code Annotated, §3820017 (Vernon's

1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40

Code of Federal Regulations, §51.102, the Commission, after proper notice, conducted a public

hearing on September 21, 1995 to consider proposed amendments to 30 TAC Chapter 116 and to the

SIP; and

WHEREAS, the Commission duly circulated to interested persons, the Regional Administrator

of the U.S. Environmental Protection Agency (EPA), and all applicable local air pollution control

agencies hearing notices of its intended action; and

WHEREAS, interested persons were invited to submit data, views, and recommendations on

the proposed amendments, either orally or in writing, at the hearing; and

WHEREAS, copies of the 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 of interested persons were submitted to the

Commission staff at the hearing and were considered by the Commission staff as reflected in the

attached analysis of testimony; and

WHEREAS, the TNRCC finds that said analysis of testimony includes the names of all

interested groups or associations offering comment on the amendment and their position concerning the

proposed amendments; and

WHEREAS, the Commission finds that the reasoned justification and factual bases for the

proposed amendments are fully set out in the analysis of testimony; and

WHEREAS, the Commission hereby certifies that the amendments, as adopted, have been

reviewed by legal counsel and found to be a valid exercise of the 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 instructed to transmit a certified copy of this Order, together ,with

the adopted amendment, to the Governor of Texas for submittaLto::the Regional Administrator of EPA

as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, §110, as amende¢' and

-;1

3. The Executive Director is instructed to file a certified copy of the adopted amendments to

30 TAC Chapter 116 with the Secretary of State pursuant to the Administrative Procedure Act.

Issued date:

Attest:

NOV 22 1995 TEXAS NATURAL RESOURCE

CONSERVATION COMMISSION

Bee, Chairman

Gloria

1iu0+:-'~ A. Vasquez,11 O~~ Chi :ier"P
Issued 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 determines that it is necessary to 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 September 21, 1995. No oral testimony was 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 earlier than 190 days and

no less than 180 days prior to expiration of

. the permit, and that the 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

a ten-day WindOW 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 of the 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 a Qualifl8d 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 Air Act (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 of this 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 means to

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 10191
raj New Source Performance Standards and

National Emission Standards for Hazardous

, PJr Pollutants programs relate to facility per- if:i:'- formance inSlead of solely 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'-:;-, . the word "only" should be added to the

,'!" - 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 that these provisions are

more slringentthan either the original pennils

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 the discussion of RACT

to nonattainment area applications.

The TNRCC staff disagrees 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) on the basis that 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 under this 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 of air pollution or rule violation, the

first obligation of the TNRCC to citizens in

Texas is the protection of the health, welfare,

and safety of their communities. In address'

ing a!r pollution concerns, fhe age of a 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 of public comments be

pla~nIy ,Slated i? tt19, ru~ proposaJ:""

.The TNRCC staff has recently incorporated

more generalized language in air-related rule

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 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 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 of the permit and returned to the

lNRCC no later than 90 days before expiration of the 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 Renewal Application.

(a) In order to be granted a permit

renewal, the owner or operator of the 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 of the 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 of any 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 by EPA under the authority of the

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 of the facility in consideration of granting a permit renewal. The

compliance history review shall be conducted in accordance with §§1l6.l20-

116.126 of this 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. 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 staff must notify the applicant of

the intent tOTecommend 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) 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 a valid 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) any permit issued befoie De-'~' the permitted 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 permit issued 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. a permit issued on renewal is filed with the lNRCC in re-

'orafter December l. 1991. for a facility at a sponse to written notice from the lNRCC

nonfederal source may contain a provision .consistent With §l16.310 of this 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

" .' .:,-," holder has been notified by the lNRCC 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.

( ~. ,~>t:' J~. .r~"~ "~';' .~ ;~.. 4

1

" i'l.''1··l'··\ ~,,·"t....

•••' " .•.• ,......_ .. •.J ..... ~'. t. .';" ..A. ~\

. ". ••• • ."1:"" -,

.,') '~4 ~(". )"ia,- -";',r,:;•.• ;.:,~~ ..:;;;_;:";.<t.t,,,,·'-:"u.;~,";.~":-1.:~~.olJf'~· .• j :.; ·ll.. t' \. :'1 l",,A.;t"

TAG· §116 ..313 a -c-" •..••.•• '. rr.'." ,.-; :':,,,' ;'.:, "": ..;,'. '::" •. _, ....

RENEWAl, FE'E'iABLE*' '....;.., ' ,: . .. ..-;.:..... '; .. ;._"

..' :.' ;'j "I'" ...... f

~:o: -: ~~_..:.-:

"

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 •