### Kathleen Hartnett White, 

### Chuirmun Larry R. Soward, 

### Commissioner H. S. Buddy 

### Garcia, 

### Commissioner Glenn Shanltle, 

### ExecutiveDirector 

# TEXAS COMMISSION ON 

# ENVIRONMENTAL QUALITY Protecting Texasby

### Reducing and PreventingPollution 

## August 

## 16,2007
Docket No. 2006-2026-RUL



## Richard E. Greene, Regional Ad~ninistrator U.S. 

## Environmental ProtectionAgency - 

## Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Dear Mayor Greene: On July 25, 2007, the Texas Commission on Environlnental Quality (Commission) adopted revisions to the State Implementation Plan (SIP). The Colnmission adopted amendments to Sections 101.1, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385 and the repeal of Section 101.22 of 30 TAC

' 

## Chapter 101, General Air Quality Rules, and corresponding revisions to the SIP. The adoption corrects

references to sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, which have changed due to the reorganization of Chapter 117, revises definitions, removes an obsolete effective date, and corrects references to the coinmission. Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public hearing, and the accompanying order. I look forward to your expeditious approval of these SIP revisions. Sincerely,

athleen Hartnett White I 

## Chairman

Enclosures

P.O. 

### Box 13087 Austin, Texas 78711-3087 

# . 512-239-1000 Internet address: www.tceq.state.tx.us printed on r~cvclcd pdpcr ualng soy-hdsed ~nh

## August 16,2007

Docket No. 

## 2006-2026-RUL

THE STATE OFTEXAS COUNTY 

## OFTRAVIS

This is to certify that the attached are true and correct copies of documents for revisions to the Texas
state Implementation Plan, adopted on July 25, 2007, pursuant to 40 Code of Federal Regulations 

# 3 51.104. 

## I

am the records administrator for the General Law Division of the Texas Coinmission on Environmental 

# hal lit^ (Commission).

Richard Hyde 

# /' Director, Air Permits Division Texas Commissionon Environmental Quality

### Texas Commission on Environmental Quality Public Hearing March 20,2007 30 TAC Chapter 101 GeneralAir Quality Rules Rule Project No. 2006-053-1 01-PR

## INTRODUCTION

The Texas Commission on Environmental Quality (commissioi~) held apublic hearing in Austin on March 20, 2007 to receive testimony regarding revisions to 30 TAC Chapter 101, GeneralAir Quality Rules; and corresponding revisions to the Texas state implementation plan (SIP).

The amendments to $$10l.l, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385 and the repeal of $101.22would correct references to sections of 30 TAC Chapter 11 7, Control ofAir Pollution from Nitrogen Compounds, which have changed due to the reorganization of Chapter 117. This rulemaking would also include revisions identified during the last review of Chapter 101 including changes to the definitions ofcold solvent cleaning, conveyorized degreasing, high-volume, low-pressure spray guns, open-top vapor degreasing, standard conditions, and visible emissions. A definition for nitrogen oxides would be added, the definitions ofhazardous waste management facility and hazardous waste management unit would be deleted, and an obsolete effective date section would be removed.

The comment period closed on March 26, 2007. All testimony and cominentshave been reviewed and seriously considered.

Public Notification and Proposal Written and Oral Testimony Evaluation ofTestimony StaffRecoilil~lendations

Additional copies ofthis hearing record are nlaintaiiled in the TCEQ central office at 12100 Park 35 Circle, Austin, Texas 78753. For further inforn~ation, contact Becky Southard at (512) 239-1638.

# PUBLIC NOTIFICATION AND PROPOSAL

## PUBLIC NO'I'IFICATION



## Notificationto 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 February 12, 2007 Fort Worth Star-Telegram February 12, 2007 Houston Chronicle February 12,2007

2. Publicationof the public hearing notice in the Texas Register on February 23,2007 (32TexReg 

## 966).

3. Publicationof the proposed rules in the Texas Register on February 23, 2007 (32TexReg 7

## 13).



## 4. Correspondenceforwarding the notice of public hearing to the following officials and agencies:

Speaker of the House Lieutenant Governor City of El 

## Paso City of Victoria Planning Department

## Dallas Department of Health and Human Services El Paso City-County Health District Federal Highway Administration Fort Worth Public Health Department Galveston County Health District Houston Department of Health and Human Services Harris County PollutionControl Department North CentralTexas Council of Governments Houston-Galveston Area Council South East Texas Regional PlanningCommission Texas Department of Transportation Texas Transportation Institute Arkansas Department of Pollution Control and Ecology Louisiana Department of Environmental Quality New MexicoAir Quality Bureau Oklahoma Department of Environmental Quality U. 

## S. Environmental ProtectionAgency

## EXAMPLE 

## OF NEWSPAPER CLASSIFIED AD Fort Worth Star-Telegram 

## February 12, 

## 2007

Ad Copy:Operational Requirement tion d~tch treatment unit TAC $305.125(1) and (5 Operational Requirement lines from the digester an

servation and Development Project which provides the c have been disposed of illegal

ican Conference of the ; DOCKET NUMBER:

2003; 30TAC $290.1 to take four repeat s coliform-positive sample found in a month and

OFFICE: Tyler Regional 2916 Teague Drive, Tyler, Texas

FACILITY concrete batch $1 16.1lO(a), and THSC, nd $382.0518(a), by failing

TRD-200700444 Mary Risner Director, Litigation Division Filed: February 13,2007 Notice of Public Hearing on Proposed Revisions to 

### 30 TAC Chapter 

### 101 and to the State Irnplelnentation Plan The Texas Commission 011 Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 101, General Air Quality Rules. and to the state i~nplementation plan (SIP), under the requirements of Texas Health and Safety Code, $382.017; Texas Government Code. Chapter 2001, Subchapter B; and 40 Code of Federal Regulations $51.102 of the United States Environmental Protection Agency (EPA) regulations concerning SIPS. The proposed rulemaking would correct references to sections of 30 TAC Chapter 117 which are changing due to the reorganization of Chapter 117. This rulemaking would also include revisions identified during the last review of Chapter 101, including changes to the definitions of visible emissions, cold solvent cleaning. conveyorized degreasing, open-top vapor degreasing,high-volume low-pressure spray guns, and standard conditions. A definition for nitrogen oxides would be added, the definitions of hazardous waste management facility and hazardous waste management unit would be deleted, references to the title of the commission would be corrected, and an obsolete effective date section would be removed. A public hearing on this proposal will be held in Austin, Texas, on March 20,2007. at 10:OOa.m.. in BuildingB,Room 201A, at the Texas Commission onEnviron~nental Quality complex located at 12100Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutesprior to thehearing. Individuals may present oral statementswhen called upon in order of registration. There will be no open discussion during the Ilearing; llowever, commission staffmembers will be available

## 6discuss the proposal 30 minutes prior to the hearing. Persons planning to attend the hearing, who have special communication or other accomn~odation needs, should contact Lola Brown, Office of Legal Services, at (512) 239-0348. Requests should be made as far in advance as possible. Comments may be submitted to Lola Brown,MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at hrrp://~~~~~~~~.rceq.smle.t.x.z~s/,-~~~es/ecoii~nient~. The comment period closes March 26, 7007. All comments should reference Rule Project Number 2006-053-101-PR. Theproposed rules may be viewed on the commission's Web s~te at hrrp:Mvn~~:rcey.srare.rx.trs/~inv/~-lrles4ropose-ndopr.hf1111. For further information or questions concerning this proposal, please contact Becky Southard, Air Pennits Division, at (512) 239-1638.
Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: February 9, 2007

Superfund Site.



## 32 TexReg 966 February 23, 2007 TexasRegister239-4808. Electronic comments may be submitted at http://www5.tceq. state.tx. us/rules/ecomments/. All comments should reference Rule Project Number 2007-003-080-LS. The comment period closes March 26, 2007. Copies of the proposed rule can be obtained from the commission's Web site at http://www. tceq.state.tx. us/nav/rules/propose_adopt.html. For further information, please contact Janis Hudson, Environmental Law Division, (512) 239-0466. STATUTORY AUTHOR lTY The amendment is proposed under Texas Water Code, $5.013, concerning GeneralJurisdiction of the commission, which establishesthe commission's general authority to carry out its jurisdiction; $5.102, concerning the commission's General Powers, including calling and holding hearings and issuing orders; $5.103, concerning Rules, which requires the commission to adopt rules when amending any agency statement of general applicability that describes the procedures or practice requirements of an agency; and $5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and $5.228, which establishes the executive director'sauthorityto participate in contested case hearings. Additionally,the amendment is proposed under Texas Government Code, $2001.004, concerning Requirementto Adopt Rulesof Practice and Index Rules, Orders and Decisions, which requires state agencies to adopt rules of practice and procedure. The proposed amendment implements Texas Water Code, $5.228. $80.108. ExectifiveDi~vctor 

### Part?:Staf~c.7 inPernzitHearings. (a) Except to the extent superseded by subsection (b) of this section, the executive director shall not participale as a party in the following contested case hearings concerningpermitting matters: (1) - (3) (No change.) (4) an application for a pennit for a municipal solid waste transfer facility under $330.7 [+2&4] of this title (relating to Permit Required); (5) an application forapermit fortheprocessing ofgrit and grease trap waste under under

## E330.7 [@3&4] of this title; (6) - (7) (No change.) (b) - (1) (No change.) 

### Notwlthstandinguire~iients of subsections (a) and (c) 04s section regarding executive director party participation, the executive director shall participate asarty ifdirected to do soby the com~nission. 

### .- This agency hereby certifies that the proposal has been reviewed by legal counsel and foundto be within the agency's legal authority to adopt. Filed with the Office of the Secretary of State on February 9,

TRD-200700381 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25, 2007 For further information,please call: (512)239-6087 

## CHAPTER 10

## 1. GENERAL AIR QUALITY RULES The Texas Commission on ~nviron'mentalQuality (TCEQ or commission) proposes amendments to $$I01.I, 101.23, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385 and the repeal of $101.22. Theamendedsections and repeal will be submitted tothe United States Environmental Protection Agency (EPA) as revisions to the Texas State Implementation Plan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES The commission has proposed revisions toTitle 30TexasAdministrativeCode (30 TAC) Chapter 117, Controlof Air Pollution from Nitrogen Compounds, as part of the SIP for the Houston-Galveston-Brazoria (HGB) and Dallas-Fort Worth (DFW) nonattainment areas. Under those revisions, Chapter 117 would be reorganized. Chapter 101, General Air Quality Rules, contains references to sections of Chapter 117 which are changing due to the reorganization, requiringthat the cited references in Chapter 101 also change. This proposal also includes revisions identified during the last review of Chapter 101, including changes to the definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. Other proposed changes would delete the definitions of hazardous waste management facility and hazardous waste management unit, add a definition for nitrogen oxides, update referencesto include the correct title of the commission, and remove an obsolete effective date section. SECTION BY SECTION DISCUSSION $101.1. Definitions. The commission proposes to modify the opening paragraph of this section to specify that the definitions in $101.1 apply to all air quality rules. The commission proposes to change the definitions of cold solvent cleaning, conveyorized degreasing, and open-top vapor degreasing by deleting the word "metal" so that the processes also apply to cleaning non-metal parts. The commission proposes to delete the definitions of hazardous waste managementfacility and hazardous waste management unit because they are not found in any of the air rules. The proposed revisionto the definition of high-volume low-pressurespray guns specifies that the operating pressure of this equipment is measured at the air cap because this provides the most accurate measurement. The commission proposes to add the definition from Chapter 117 of nitrogen oxides because this is a common term used throughout the commission's air quality rules. The commission proposes to delete the last sentence of the definition of standard conditions that reads: "Pollutant concentrations from an incinerator will be corrected to a condition of 50% excess air if the incinerator is operating at greater than 50% excess air." The amount of air present in combustion is a variable and does not qualify as a standard condition. The commission proposes to change the second sentence of the definition of visible emissions to read: "The radiant energy from an open flame is not considered a visible emission under this definition." Radiant energy may manifest somevisual effects but there is no air contaminant emitted. $101.22. Effective Date.



## PROPOSED RULES February 23,2007 32 TexReg 713The commission proposes the repeal of this section because it is no longer required. $101.23. Alternate Emission Reduction ("Bubble") Policy The commission proposes to replace references to Texas Air Control Board with Texas Commission on Environmental Quality (TCEQ). The commission proposes to replace the reference to "Regulations I, 11, Ill, V, VII, and IX" with "Chapters 111, 112, 11

3, 11

### 5,and 117."The reference to Chapter 11

### 9 was removed because this chapter has been repealed. The commission proposes to replace a reference to the obsolete term "board order" with "commission order." Inthe last sentence of the section, the commission proposes to replace "he" with "the executive director." $101.302. General Provisions. The commission proposes to replace referencesto Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.306. Emission Credit Use. The commission proposes to replace references to Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.350. Definitions The commission proposes replacing the definition of Houston/Galveston (HGA) ozone nonattainment area with Houston-Galveston-Brazoria (HGB) ozone nonattainment area becausethe name of the nonattainment area has changed. $10 1.351. Applicability The commission proposesto replace referencesto Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.353. Allocation ofAllowances. The commission proposes to replace references to Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.354. Allowance Deductions.


### -. I ne commission proposes to repiace references to Chapter ii7 section numbers with the newly renumbered Chapter 117 sections. $101.360. LevelofActivity Certification. The commission proposes to replace references to Chapter 117 section numbers with the newly renumbered Chapter 117 sections. 

### $ 10 1.372. General Provisions. The commission proposes to replace referencesto Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.376. Discrete Emission Credit Use. The commission proposes to replace referencesto Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.383. General Provisions. The commission proposes to replace references to Chapter 117 section numbers with the newly renumbered Chapter 117 sections. $101.385. Recordkeepingand Reporting. The commission proposes to replace references to Chapter 117 section numbers with the newly renumbered Chapter 117 sections. The commission also proposes minor administrative changesto address conformity to: Texas Register requirements and other agency rules and guidelines. FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT Nina Chamness, Analyst, Strategic Planning and Assessment. determined that, for the first five-year period the proposed rules are in effect, nofiscal implications are anticipatedforthe agency or other unitsof stateor localgovernments as a result of administration or enforcement ofthe proposed rules. The proposed rules are administrative in nature and will amend sections of Chapter 101to coincide correctly with proposed changes to Chapter 117. Fiscal implications pertaining to the proposed rules for Chapter 117 can be found in that rule package. The commission previously proposed a reorganization and revision of Chapter 117 as part ofthe SIPfor the HGB and DFW nonattainment areas. This proposed revision to Chapter 117 also requires revision of Chapter 101 so that cited references in the two chapters agree with one another. The proposed rule changes to Chapter 101 will also revise definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. The proposed rules will also delete the definitions of hazardous waste management facility and hazardous waste management unit, add a definition for nitrogen oxides, and make minor administrative changes to update obsolete information contained in the current rules. PUBLIC BENEFITS AND COSTS Ms. Chamness also determined that for each year of the first five years the proposed rules are in effect, the public benefit anticipated from the changes seen in the proposed rules will be a more correct set of general rules governing air emiss~ons that allow the regulated community to comply with federal and state laws with greater ease and efficiency. The proposed rules will affect entities that must currently cornply with regulations promulgated in Chapter 101. Businesses and individuals are not expected to experience any fiscal implications as a result ofthe proposed rules, which make administrative changes to Chapter 101 to coincide with proposed amendments to and reorganization of Chapter 117. SMALL BUSINESS AND MICRO-BUSINESSASSESSMENT No adverse fiscal implications are anticipated for small or micro-businesses as a result of the proposed rules, which are administrative in nature. LOCAL EMPLOYMENT IMPACT STATEMENT The commission has reviewed this proposed rulemaking and determined that a local employment impact statement is not required because the proposed rules do not adversely affect a local economy in a material way for the first five years that the proposed rules are in effect.



## 32 TexReg 714 February 23, 2007 TexasRegisterDRAFT REGULATORY IMPACTANALYSIS DETERMINATION The commission reviewedthe proposed rulemaking in light ofthe regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that this proposal is not subject to §2001.0225 because it does not meet the definition of a major environmental rule as defined in that statute. A major environmental rule meansa rule,the specific intent of which isto protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in 

### a material way the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Although the specific intent is to protect the environment, these proposed amendments are mainly an administrative action only, to correct and update cross-references to Chapter 117, which is being reorganized, modify certain definitions, and make other procedural changes to Chapter 101. Chapter 117, Control of Air Pollution from Nitrogen Compounds, is currently proposed for reorganization. Chapter 101, General Air Quality Rules, contains extensive references to sections of Chapter 117 that are changing because of the reorganization. The references contained in Chapter 101 must change accordingly. This proposal also includes revisions identified during the last review of Chapter 101 by the executive director and includes changes to the definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. Other proposed changes would delete the definitions of hazardous waste management facility and hazardous waste management unit, add a definition for nitrogen oxides, update references to the title of the commission, and remove an obsolete effective date section. The adopted rules will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. In addition, 

### a draft regulatory impact analysis is not required because the rules do not meet any of the four applicability criteria for requiring a regulatory analysis of a major environmental rule as defined in the Texas Government Code. Section 2001.0225 applies only to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unlessthe rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement Government Code, Chapter 2007. The primary purpose of the rulemaking is to update references to sections of Chapter 117. which is being reorganized, to modify certain definitions, and to make other procedural changes to Chapter 101. These amendments do not affect private property in a manner that restricts or limits an owner's right to the property that would otherwise exist inthe absence of the governmental action. Therefore, promulgation and enforcement of these proposed rules is neither a statutory nor a constitutional taking because they do not affect private real property. Therefore, these rules do not constitute a taking underTexas Government Code, Chapter 2007. CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the proposed rulemaking and found the proposal is a rulemaking identified in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(2), relating to rules subject to the Coastal Management Program, and will, therefore, require that goals and policies of the Texas Coastal Management Program (CMP) be considered duringthe rulemaking process. The commission reviewed this rulemaking for consistency with the CMP goals and policies in accordance with the regulations of the Coastal Coordination Council and determinedthat the amendments are consistent with CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (31 TAC §501.12(1)). The proposed rules update references and definitions. No new sources of air contaminants will be authorized and the revisions will maintain the same level of emissions control as previous rules. The CMP policy applicable to this rulernaking action isthe policythat the commission's rules comply with federal regulations in 40 Code of Federal Regulations, to protectand enhance air quality in the coastal areas (31 TAC §501.14(q)). This rulemaking action complies with 40 Code of Federal Regulations Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans. Therefore, in accordance with 31 TAC §505.22(e),the commission affirms that this rulernaking action is consistent with CMP goals and policies. Written comments onthe consistency of this rulemaking may be submitted to the contact person at the address listed under the SUBMllTAL OF COMMENTS section of this preamble. EFFECTON SITES SUBJECTTOTHE FEDERALOPERATING PERMITS PROGRAM or contract between the state and an agency or representative The amended sections are applicable requirements under the

the federal government 

### a state 

### and federal pro- Federal Operating Permits Program, but no revisions to operat- gram; or 4) adopt a rule solely under the general powers of the 

### ing permits 

### will be required, agency instead of under a specific state law. This rulemaking does not exceed a standard set by federal law, and the adopted ANNOUNCEMENT OF HEARING requirements are consistent with applicable federal standards. In addition, this proposal does not exceed an express require- The commission will hold a public hearing on this proposal in Austin on March 20, 2007, at 10:OO a.m. in Building B, Room merit of state law and is not adopted solely under the general 201A, at the commissionls central office located at 12100 Park powers of the agency, but is specifically authorized by the provisions cited in the STATUTORY section of this pre- 35 Circle. The hearing is structured for the receipt of oral or writamble. Finally, this rulemaking does not exceed a requirement ten comments by interested persons. Individuals may present of a delegation agreement or contract to implement a state and oral statements when called upon in order of registration. There federal program. will be noopen discussion during the hearing; however, commission staff members will be available to discuss the proposal 30 The commission invites public comment on the draft regulatory minutes before the hearing. impact analysis determination. Personswho have specialcommunication or other accommodaTAKINGS IMPACT ASSESSMENT tion needs who are planningto attend the hearing should contact Lola Brown Office of Legal Services at (512) 239-0348. Re- The commission evaluatedthis rulernaking action and performed quests 

## shol;ld be made as far in adva;lce as possible, an analysis of whether the adopted rules are subject to Texas



## PROPOSED RULES Fcbrualy 23, 2007 32 TcxRcg 715

### SUBMITTAL OFCOMMENTS Comments may be submitted to Lola Brown, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.stete.tx.us/rules/ecomments/. 

### All comments should reference Rule Project Number 2006-053-101-PR. The comment period closes March 26, 2007. Copies of the proposed rules can be obtained from thecommission's Web site at http://www.tceq.state.tx.us/nav/rules/propose~adopt.html. 

### For further information, please contact Becky Southard,Air Permits Division, 

### at (512) 239-1638 or Tara Capobianco, Air Permits Division, at (512)239-1117. 

## SCTBCHAPTER A. GENERAL RULES 30 TAC 

### $101.1, $101.23 STATUTORY AUTHORITY Theamended sections are proposed under Texas Water Code, 55.103,concerning Rules, and $5.105, concerning General Policy, that authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas Health and Safety Code (THSC), 5382.017, concerning Rules,that authorizesthe commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended sections are also proposed under THSC, 5382.002, concerning Policy and Purpose, that establishes the commission purposeto safeguard the state'sair resources, consistent with the protection of public health, general welfare, and physical property; $382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 5382.012,concerning StateAir Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air. The amended sections are also proposed under THSC, 5382.014, concerning Emission Inventory, that authorizes the commission to require

### a person whose activities causeair contaminant emissions tosubmit information toenable thecommission todevelop anemissions inventory; and5382.051 and 5382.0518,concerning Permitting Authority of Commissionand Preconstruction Permit, that authorize the commission to issue preconstruction and operating air permits. The amended sections arealsoproposed under42United StatesCode,57410(a)(2)(A), that requires SIPS to include enforceable measures or techniques, including economic incentives such asfees,marketable permits, and auction of emission rights. The amended sections implement THSC, 55382.002, 382.011, 382.012, and 382.017; and Senate Bill 784, 79th Legislature, 2005.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms that are defined by the TCAA, the following terms, when used in relation to air quality rules in this !i& [etiepts],

### have the following meanings, unless the context clearly indicates otherwise. (I) Account--For those sources required to be permitted under Chapter 122 of this titIe (relating to Federal Operating Permits Program), all sourcesthat areaggregated as a site. For all other sources, any conlbination of sources under common ownership or control and located on one or more contiguous properties, or properties contiguous except ror intervening roads. railroads, rights-of-way, waterways. or similar divisions. (2)

## - (1 1) (No change.) (12) Cold solvent cleaning--A batch process that uses liquid solvent to remove soils from the surfacesof [mecall

### parts or to dry theparts by spraying,brushing,flushing, andlorimmersion while maintainingthe solventbelow itsboiling point. Wipe clcaning (hand cleaning) is not included in this definition. (13)

## - (21) (No change.) (22) Conveyorized degreasing--A solvcntcleaning process that uses an automated parts handling system, typically a conveyor, to automatically provide a continuous supply of [iaetai] parts to be cleaned ordried using either cold solvent or vaporized solvent. A 

### conveyorized degrcasing process is fully enclosed except for thc conveyor inlet and exit portals. (23)

## - (41) 

### (No change.) ff42) 

### Hmxlew waste 

### manttgemettt fae&y-AH contCgt1- eus

### kw&indudilqg appwkmanoesiand &her: 

### irrt~oveme~tts en &hehd;td hpeeewkg; 

### 6% ot. 

### $tfp&ng ef 

### I~azafdous The teRtl tftdwles 

### a pwbk4y 

### w jwwtebj med 

### liazufdous wes+e &d&y een&-hg efpreMtg; 

### -e; ar 

### dispesd epm&end 

### hzadewwash? 

### maitilgemeH ti& 

### sudi as one OF ~~~~~wtttsce*~b~ eq 

### a~d /l&tMeFiifl- kekhg ~eme&kikts; 

### k+&n welk

### sak $el% wttsteeen&imeM 

### hntl -men* Fa- w 

### a oomb &n efuw ff43j Haz;mletts

# - Rtttftttgefftefft ItRi(--A htldfiH; st* faee 

### irnpemhntiwts+epk 

### b* ti*cine+&of; mM

## kiktrme 

## 4 afttfff; &

### deme wste cw&iltment~whd~wtie;watyftlhef~ve~np

### putl%natlce; ef &ef kpwemettle~ ktlused 

### co mamg 

### lmrdeus 

# ww j42) [f44)] 

### Hazardous wastes--Any solid waste identified or listed as a hazardouswaste by the administratoroftheUnited States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by ~esource Conservation and Recovery Act, 42 United States Code, @6901 el seq., 

### as amended. 

## !431 

# [w] Heatset (used in 

### offset li:hngaphic priiitiiigj-- 

### Anyoperation where heat is required to evaporate inkoil from theprlntlng ink. Hot air dryers are used to deliver the heat. (44) 

### [@ti)] 

### High-bake coatings--Coatingsdesigned to cure at temperatures above 194degrees Fahrenheit. (45) [@?)I 

### High-volume low-pressure spray guns--Equipmen1used to apply coatings by means of a spray gun that operates between 0.1and 10.0 pounds per square inch gaugeair pressure measured at the air cap. (46) [f48j]

### Incinerator--An enclosed co~nbustion apparatus and attachments that is used in the process of burning wastes for the primary purpose of reducing its volume and weight by removing the combustibles of the waste and is equipped with a flue Tor conducting products of combustion to the atmosphere. Any combustion device that bums 10% or more of solid waste on a total British thermal unit (Btu)heat input basis averaged over anyone-hour period is considered to be an incinerator. A combustion device without instrumentation or methodology to determine hourly flow rates of solid waste and burning 1

### .O% or more of solid waste on a total Btu heat input basis averaged annually is also considered to be an incinerator. An open-trench type (with closed ends) combustion unit may beconsidered an incinerator



## 32 TexReg 716 February 23, 2007 TexasRegisterwhen approved by the executive director. Devices bunling untreated wood scraps, waste wood, or sludge from the treatnlent of wastewater from the process mills as a primary fuel for heat recovery are not included under this definition. Combustion devices permitted under this title as combustion devices other than incinerators will not be considered incinerators for application of any rule within this title provided they are installed and operated in compliance with the condition of all applicable permits. (471 [C49j] Industrial boiler--A boiler located on the site of a facility engaged in a manufacturing process where substances are transformed intonew products,including the component parts of products, by mechanical or chemical processes. (48) 

# [o] Industrial furnace--Cement kilns; lime kilns; aggregate kilns; phosphate kilns; cokeovens; blast furnaces; smelting, melting, or refining furnaces, including pyro~netallurgicaldevices such as cupolas. reverberator furnaces, sintering machines, roasters, or foundry fi~maces;titanium dioxide chloride process oxidation reactors; methane reforming furnaces; pulping recovery furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; and other devices the commission may list. (49) 

## [HIIndustrial solid waste--Solid waste resulting from, or incidental to, any process of industry or manufacturing, or mining or agricultural operations. classified as follows. (A) Class 1industrial solid wasteor Class I waste is any industrial solid waste designated as Class 1 by the executive director as any industrial solid waste or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable. a strong sensitizer or irritant. a generator of sudden pressure by decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported. or otherwise managed, including hazardous industrial waste, as defined in $335.1 and 5335.505 of this title (relating to Definitions and Class 1 Waste Determination). (B) Class2industrial solid waste is any individual solid waste orco~nbination ofindustrial solid wastesthat cannotbe described as Class 

### I or Class 3, as defined in $335.506 of this title (relating to Class 2 Waste Determination). (C) Class 3industrial solid waste is ally inert and essentially insoluble industrial solid waste, including materials such as rock, brick. glass, dirt. and certain plastics and rubber, etc., that are not readily decomposable as defined in $335.507 of this title (relating to Class 3 Waste Determination). (50) 

# [o] Internalfloating cover--A cover orfloatingroof in a fixed roof tank that rests upon or is floated upon the liquid being contained, and isequipped witha closure seal orseals to closethe space between the cover edge and talk shell. (51) 

## [(%)I Lcak--A volatile organic co~npoundconcentration greater than 10,000 parts per million by volume or the amount specified by applicable rule, whichever is lower; or the dripping or exuding ofpl.ocessfluid based on sight, smell, or sound. (52) 

# [o] Liquid fuel--A liquid combustible mixture, not derived from hazardous waste, with a hcating value of at least 5,000 British thermal units per pound. (53) 

## [(%)I Liquid-mounted seal--A primary seal mounted in continuous contact with tlle liquid between the tank wall and the floating roof around the circumference of thetank. (54) 

# [o] Maintenance area--A geographic region of the state previously designated nonattainment under thcFederal CleanAir Act Amendments of I990and subseque~ltly redesignatedto attain~nent subject to the requirement to develop a maintenance plan under 42 United States Code, S7505a. The following are the maintenance areas within the state: (A) Victoria Ozone Maintenance Area 60 (Fede~.al Regisle/.(FR) 12453)- Victoria County; and 

### (B) Collin County Lead Maintenance Area (64 FR 55421) -'portion of Collin County. Eastside: Starting at the intersection of South Fifth Street and the fence line approximately 1,000 feet south ofthe Exide property line going north to the intersection of South Fifth Street and Eubanks Street; Northside: Proceeding west on Eubanks to the Burlington Railroad tracks; Westside: Along the Burlington Railroad tracks to the fence line approximately 1,000 feet south of the Exide property line; Southside: Fence line approximately 1,000 feet south of the Exide property line. (55) 

# [m] Maintenance plan--A revision to the applicable state implementation plan. meeting the ~.equiren~ents of 42 United States Code, 57505a. (56) 

# [o] Marine vessel--Any watercraft used, or capable of being ~~sed, as a means of transportation on water, and that is constructed or adapted to carry, or that carries, oil, gasoline. or other volatile organic liquid in bulk as a cargo or cargo residue. (57) 

# [o] Mechanical shoeseal--A metal sheet thatisheld vertically against the storage tank wall by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof. (58) 

## [@@)I Medical waste--Waste materials identified by the Department of StateHealth Services as "special waste from health care-related facilities" and those waste materials commingled and discarded with special waste from health care-related facilities. (59) 

# [o] Metropolitan Planning Organization--That organization designated as being responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning process under 23 United States Code (USC). $134and 49USC, $ 1607. (60) 

# [m] Mobile emissions reduction credit--The credit obtained from all enforceable,pemlanent, quantifiable, and surplus (to otherfederal and state rules) emissions reduction generated by a mobile source as set forth in Chapter 114, Subchapter [Fi 

### ef] F of this title ([&&ng &I Etffmjtoft -Jdekide Fleet kqwemettes ad]Vehicle Retirement and MobileEmission Reduction Credits),and that hasbeen banked in accordance with SubcliapterH,Division 

### I of this chapter. (61) 

## [HIMotor vehicle--A self-propelled vehicle designed for transporting persons or properly on a street or highway. (62) [Cgq)]Motor vehicle fuel dispensing facility--Any site where gasoline is dispensed to motor vehicle fuel tanks from stationary storage tanks. (63) 

## [@q] Municipal solid waste--Solid waste resulting from, or incidental to, municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste except industrial solid waste. (64) 

## [&@I Munic~pal solid waste facility--All contiguous land, structures, other appurtenances, and improve~nents on the land uscd for processing, storing,ordisposing of solid waste. A facilitylnay be publicly or privately owlied and may consist of several processing, storage, or disposal operational units, e.g., one or more la~idfills.surface ilnpoundments, or combinations of them.



## PROPOSED RULES Februarj~ 23, 2007 32 TexReg 71 7((151 

## [HI Municipal solid waste landfill--A discrete area of land or an cxcavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile, as thosc terms are defined under 40 Code ofFederal Regulations 4257.2. A municipal solid waste landfill (MSWLF) unit also may rcceivc othcrtypes ofResource Conservation and Recovery Act Si~btitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste. and industrial solid waste. Such a landfill may be publicly orprivately owned. An MSWLF unit may be a new MSWLF unit. an existing MSWLF unit, or a lateral expansion. (66) [(68j] National ambient air quality standard--Those standards established under 42 United Slates Code, $7409, including standards for carbon monoxide, lead, nitrogen dioxide, ozone, inhalable partici~late matter, and sulfur dioxide. (0 

### [@9)] Net ground-levcl concentration--The concentration of an air contaminant as measured at or beyond thc propcrty bou~idary minus the representative concentration flowing onto a properly as measured at any point. Wlierc there is 110expected influence of the air contaminantflowing onto a property from other sources,the net groi~nd level concentration may be determined by a measurement at or beyond the propcrty boundary. 

### (662 

### 101 New source--Any stationary source, the construction or modification of which was comn~enced after March 5, 1972. (69) Nitrogen oxides (NO,)--The sum of the nitric oxide and nitrogen dioxide in the flue gas oremission point, collectively exEsed as nitrogen dioxide, (70) [(X-)] Nonattainment area--A defined region within the state that is designated by the United States Environmental Protection Agency (EPA) as failing to meet the national ambient air qual- ~ty standard for a pollutant for which a standard exists. The EPA will designate the area as nonattainment under the provisions of42 United States Code, (j7407(d). For the official list and boundaries of nonattainment areas, sec 40 Code of Federal Regulations Part 81 and vertincnt 

### Feder-01Registel. (FR) notices. The foilowing areas comprise the nonattainment areas within thc state forall national ambient air aualitv



## . . standards (NAAQS). EPA has indicatedthat it will revoke the one-hour ozone standard in full, including the associated designations and classification~~ 

### on June 15,2005,which is oneyear followingthe effective date ofthe designations for the eight-hour NAAQS ofJune 15,2004. (A) Carbon monoxide (CO).El Paso COnonattainment area (56 FR 56694)--Classified as a Moderate CO nonattainmcnt area with a design value less than or equal to 12.7parts per million. Portion of El Paso County. Portion ofthe city limits ofEl Paso: Thatportion of the City of El Paso bounded on the north by Highway 10 from Porfirio Diaz Street to Raynolds Street, Raynolds Street from Highway 10 to the Southern Pacific Railroad lines, the Southern Pacific Railroad lines from Raynolds Street to Highway 62, Highway 62 from the Southern Pacific Railroad Lines to Highway 20, and Highway 20 from Highway 62 to Polo Inn Road. Bounded on the east by Polo Inn Road rrom Highway 20.to the Texas-Mexico border. Bounded on the south by the Texas-Mexico border from Polo Inn Road to Porfirio Diaz Street. Bounded on the west by Porfirio Diaz Street from the Texas-Mexico border to Highway 10. (B) Inhalable particulate matter (PM,,). El Paso PM," nonattainment area (56 FR 56694)--Classified as a Moderate PM," nonattainment area. Portion of El Paso County that comprises the El Paso city limit boundaries as they existed on November 15, 1990. (C) Lead. No designated nonattainment areas. 

### (D) Nitrogen dioxide. No designated nonattainmentar- eas. (E) Ozone (one-hour). (i) Houston-Galveston-Brazoria (HGB) one-hour ozone nonattainment area (56 FR 56694) 

## - Classified as a Severe-17 ozone nonattainment area. Consists of Brazoria, Chambers, For( Bend, Galvcston, Harris, Liberty, Montgomery, and Wallcr Count~es. 

### (ii) El Paso one-hour ozone nonatta~nment area (56 FR 56694) - Classifiedas a Serious ozonenonattainment area. Cons~sts of El Paso County. 

### (iii) Beaumont-Port Arthur (BPA) one-hour ozonc nonattainmcnl area (69 FR 16463) 

## - Classified as a Serlous ozone nonattainment area. Consists of Hardin, Jefferson. and Orangc Countics. (iv) Dallas-Fort Worth one-hour ozone nonattainment area (63 FR 8128)

## - Classified as a Serioi~s ozone nonatlain~ncnr area. Consists of Collin, Dallas, Denton, and Tarrant Counties. (F) Ozone (cighl-hour). 

### (i) HGB ciglit-hour ozone nonattain~nenl;Ire;l (69 FR 23936) - Classified as a Moderate ozone nonattainment areu. ('onsists or Brazoria, Chambers, Fort Bend, Galveston, Harris. Liberty. Montgomery, and Waller Counties. 

### fii) BPA eight-hour ozone nonattainrnent arca (69 FR 23936) - Classified as a Marginal ozone nonattainment arca. Consists oTHardin, Jefferson, and Orange Counties. 

### (iii) Dallas-Fort Worth eight-hour ozone nonattainment area (69 FR 23936) - Classified as a Moderate ozone nooathinment area. Consists or Collin, Dallas. Denton. Ellis, Johnson, Kaufman. Parker, Rockwall, and Tarrant Counties. 

### (iv) San Antonio eight-hour ozone nonattainment area (69 FR 23936) - Classified under the Federal Clcan Air Act, Title I, Part D, Subpart 1 (42 United States Code, 47502). uonattainment deferred to September30,2005, or as extended by EPA. (G) Sulfurdioxide.Nodesignated nonattain~ncnt arcas. 

# [w]Non-reportable emissions event--Any emissionseventthat in any24-hour period does not result in an unauthorized emission from any emissions point equal to or in excess of the reportable quantity as defined in this section. (72) 

## ItZ3fl Opacity--The degree to which an emission of air contaminants obstructs thc transmission of light expressed as thc percentage of light obstructed as measured by an optical instrument or trained observer. (73) 

### [t34j]Open-top vapor degreasing--A batch solvent clean~ng process that is open to the air and Illat uses boiling solvent to create solvent vapor used to clean or dry [&a41 parts through condensation ofthe hot solvent vapors on the colder metal parts. (741 

# [-I Outdoor burning--Any fire or smoke-producing process that is not conducted in a combustion unit. (751 

# [w] Particulate matter--Any material, cxccpt uncombined water, that exists as a solid or liquid in the atmosphere or 111 a gas stream at standard conditions. (76) 

# [w] Particulate matter emissions--Allfinely-divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by United States Environmental Protection Agency Reference Method 5, as specified at 40 Code of Federal Regulations (CFR) Part 60, Appendix A, modified to include particulate



## 32 TexReg 718 February 23, 2007 TexasRegistercaught by an impinger train; by an equivalent or alternative method, as specified at 40 CFR Part 51 ;orby a test method specified in an approved state implementation plan. (77) 

# [m] Petroleum refinery--Any facility engaged in 

## - producing gasoline, kerosene, distillate fuel oils, residual fuel oils,ILIbricants, or other products through distillation of crude oil, or through the redistillation, cracking, extraction, reforming, or other processing of unfinished petroleum derivatives. (78) 

# [w] PM,,,--Particulatematter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by areference method based on40 Code ofFederal Regulations (CFR) Part 50, Appendix J, and designated in accordance with 40 CFR Part 53, or by an equivalent method designated with that Part 53. (79) 

# [w] PM,,,emissions--Finely-divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 Code of Federal Regulatio~ls Part 51, or by a test method specified in an approved state imple~nentation plan. (80) 

# [o] Polycl~lorinated biphenyl compound--A compound subject to 40 Code of Federal Regulations Part 76I. 

### L81) 

# [o] Process orprocesses--Any action, operation, or treatment embracing chemical, commercial, industrial, or manufacturing factors such as combustion units, kilns, stills, dryers, roasters, and equipment used in connectiontherewith, and all other methodsorforms of manufacturing or processingthat may emit smoke, particulate matter, gaseous matter, or visible emissions. (82) 

# [w] Process weight per hour--"Process weight" is the total weight ofallmaterials introduced orrecirculaled into any specificprocess that may cause any discharge of air contaminants intothe atmosphere. Solid fuels charged into the process will be considered as part ofthe process weight. but liquid and gaseous fuels and combustion air will not. The "process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during that the equipment used to conduct the process is idle. For continuous operation, the "process weight per hour" will be derived by dividing the total processweight for a 24-hour period by 24. 

# [w] Property--All land under common control or ownership coupled with all improvements on such land, and all fixed or movable objects on such land, or any vessel on the waters of this slate. 

## lS4) 

# [w] Reasonable further progress--Annual incremental reductions in emissions of the applicable air contaminant that are sufficient to provide for attainment of the applicable national ambient air quality standard in the designated nonattainment areas by the date required in the state implementation plan. (85) 

# [o] Regulated entity--All regulated units, facilities, equipment, structures,or sources at one street address or location that areowned or operated by the same person. Theterm includes any property under common ownership or control identified in apennit orused in conjunction with the regulated activity a1the same street address or location. Owners or operators ofpipelines. gathering lines, and flowlines under common ownership or control in a particular county may be treated as a single regulated entity for purposes of assessment and ~.egulation of emissions events. (86) 

## [HI Remote reservoir cold solvent cleaning--Any cold solvent cleaning operation in which liquid solvent is p~unped to a sink-like work area that drains solvent back into an enclosed container while parts arebeing cleaned, allowing no solvent to pool in the work area. (87) 

# [o] Reportable emissions event--Any emissions event that in any 24-hour period, results in an unauthorized emission from any emissions point equal to or in excess of the reportable quantity as defined in this section. (88) 

# [w] Reportable quantity (RQ)--Isas follows: (A) for individual air contaminant compounds and specifically listed mixtures by name or Chemical Abstracts Service (CAS) number, either: 

### (i) the lowest of the quantities: (I) listed in 40 Code of Federal Regulations (CFR) Part 302, Table 302.4, the column "final RQ"; (II) listed in 40 CFR Part 355, Appendix A, the column "Reportable Quantity"; or (I10 listed as follows: (-a-) acetaldehyde 

## - 1,000 pounds, except in the Houston-Galveston-Brazoria (HGB) and Beaumont-Port Arthur (BPA) ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) [o@) 

### itFtd of this section, where the RQ must be 100pounds; (-b-) butanes (any isomer) - 5,000 pounds; (-c-) butenes (any isomer. except 1,3-butadiene) - 5,000 pounds, except in the HGB and BPA ozonenonattainment areas as defined in paragraph (70)(E)(i) and (iii) 

## [M aRd 

## 01 of this section, where the RQmust be 100pounds; (-d-) carbon monoxide - 5,000pounds; (-e-) l-chloro- I. 1-difluoroethane (HCFC142b) - 5,000 POUII~S; (-f-) chlorodifluorometha~~e (HCFC-22) - 5,000 pounds; (-g-) 

### I-chloro-l -fluoroethane (HCFC-I51a) - 5.000 pounds; (-]I-) chlorofluorometl~ane (HCFC-31) - 5,000 pounds; (-i-) cl~loropentafluoroethane (CFC-

### I 15) 

## - 5,000 pounds; 

### (-j-) 2-chloro- 1, I,1.3-tetrafluoroethane (HCFC-I24) - 5,000 pounds; (-k-) 1-cl~loro- 1,1,2,2 tetrafluoroethane (HCFC-124a) - 5,000 pounds; (-I-) l,l,

### 1,2,3,4.4,5,5,5-decafluoropentane (HFC 43-

### I Omee) - 5.000 pounds; (-~n-) decanes (any isomer) - 5,000pounds; (-n-) 1,

### I -dichloro-l -fluoroethane (HCFC141 b) - 5,000 pounds; (-o-) 3,3-dichloro- 1,1.2,2-pentafluoropropane (HCFC-225ca) - 5,000 pounds; (-p-) 1,3-dichloro-l ,1,2.2,3-pentafluoropropane (HCFC-225cb)- 5,000 pounds; (-q-) 1.2-dichloro-l ,I ,3,2-tetrafluoroethane (CFR-I 14) - 5,000pounds; (-r-) 

## [TI- dicl~lorotetrafluoroelhane (CFC-1 14a)

## - 5,000 pounds; (-s-) 1.2-dichloro-I ,I ,2-trifluoroethane (HCFC-l23a) - 5,000 pounds; (-t-) I,l-difluoroethane (HFC-152a) - 5,000 pounds; (-u-) difluoromethane (HFC-32) - 5.000 pounds:



## PROPOSED RULES Fehrnarj)23,2007 32 TexReg 

## 719(-V-) ctlianol - 5,000 pounds; (-w-) ethylene - 5.000 pounds, except in the FlGB and BPA ozonc nonattainmcnt arcas as defined in paragraph j70)(E)(i) and (iii) 

### [(%j(l?iCtf end 

### W]oSthis section, where the RQ must be 100pounds; (-X-) ethylfluoride (HFC- 161) - 5,000 pounds; (-y 

## - I,1.1.2.3.3.3-hcptall~~oropropane (HFC-227ea); (-z-) I,I,

### I ,3,3,3-hcxafluoropropm (HFC:- 236h) - 5,000 pounds;(-aa-) 

### 1.1,1.2.3,3-hexafluoropropanc (HFC'-33Oea) - 5,000 pounds; (-bb-) hcxanes (any isomer) - 5.000 po~lnds; (-cc-) isopropyl alcollol - 5.000 pountls; (-dd-) mineral spirits - 5.000 pounds; (-ec-) octanes (any isomcr) - 5,000pounds; 

### (-ff-) oxidcs or nitrogen - 200 pounds in ozonc nonatlainmcnl, ozonc maintcnance, carly aclion compact arcas. Nueces C:ounty, and San Patricio C:ounty, and 5,000 pountls in all other arcas of the statc, which should bc uscd instcad of tlic I<Qs for nitrogcn oxide and nitrogen dioxide providcd in 40 CFK I'art 302, Table 302.4. tlie column "final RQ"; (-gg-) pentaclilorofluoroethnne (CFR-

### I I I) - 5,000 pounds; (-1111-) 1.1,1.3,3-pcntafluorobut~~~~c(HFC365mfc) - 5.000 pounds; (-ii-) pcntafluoroethanc (HFC-125) - 5.000 pounds; (-JJ-) I,1.2.2.3-pentafluoropropane (HFC245ca) - 5,000 pounds; (-kk-) I,1-2.3.3-pcntafluoropropane (HFC245ca) - 5.000 pounds;(-]I-) 1,1.1.2,3-pentafluoropropane (HFC245cb) - 5.000 pounds; (-mm-) 1,I,

### I ,3,3-pentafluoropropane (HFC-245fa) - 5.000 pounds; (-nn-) pentanes (any isomer) - 5,000 pounds; (-oo-) propane - 5,000 pounds; (-pp-) propylene - 5,000 pounds, except in the HGB and BPA ozone nonattainment areas asdefincd in paragraph [70)(E)(i) and (iii) 

### [@-I+E+ and Ctttf] of this section, where tlic RQ must be 

### I 00 pounds; (-qq-) 1,1,2,2-teraclilorodifluoroetliane (C:FR -1 12) - 5,000pounds; (-rr-) I,

### I ,I ,2-tctrachlorodifluoroctha~~c (CFC-I 12a) -5,000 pounds; (-ss-) 

### 1,1,2,2-tetrafluoroetli:~nc (HFC- 134) 

## - 5,000 pounds; (-tt-) I ,I ,I ,2-tctmfluoroctliane (FIFC- 134a) - 5,000 pounds; (-uu-) I,

### I ,2-trichloro-l,2,2-trifluoroetliane (CFR-1 13) - 5,000 pounds; (-vv-) I ,l,I -trichioro- 2,2,2- trilfloroethane (CFC-1 138) - 5.000 pounds; (-ww-) I,1.I -trifluoro-2.2-dichloroethane (HCFC-123) - 5,000 pounds; (-xx-) 1,1, I -trifluoroethane (HFC-143a) - 5,000 pounds; (-yy-) trifluoromethane (HFC-23) - 5,000 pounds; or i-zz-) toluene - 1,000 pounds, except in the HGB and BPA ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) [o@j@ad

### 01 or[his section, whcre the RQ must be 100 pounds; (ii) if not listed in clausc (i) of this subparagraph, 100 pounds; 

### (B) formixtures of air contaminant compounds: (i) where tlie relative amount of individual air contaminant compounds isknown through common process knowledge or prior engineering analysis or testing, any amount oran individual air contaminant compound that equals or exceeds the amount specified in subparagrapli (A) of this paragraph; (ii) where the relative amount orindividual air contaminant compounds in subparagraph (A)(i) of this paragraph is not known, any amount of tlic inixture that cquals or cxcecds tlic amount for any single air contaminant compound that is present in thc ~iiixturc and listed in subparagraph (A)(i) of this paragraph; (iii) where cach of the individual air conta~ninant co~npounds listed in subparagraph (A)(i) of this paragraph arc known Lo bc less than 0.02?4,by weight ofthemixture, and eachoftlieothcr individual air contaminant compounds covercd by subparagrapli (A)(ii) of this paragraph arc known to be less than 2.0% by weight oTtlic mixture, any total amount of the mixture of air contaminant compounds grcater than or cqual lo 5,000 pounds; or (i\~) whcre natural gas excluding carbon d~ox~dc, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygcn or air e~nissions from crude oil are known to be in an amount grcatcr than or equal to 5.000pounds or the associated hydrogen sulfidc and mcrcaptans in a total amount greater than 100 pounds, whicl~cvcr occursfirst; (C) foropacity from boilers andco~nbustion turbines as defined in this section fueled by natural gas, coal, lign~te, wood, fuel oil containing hazardous air pollutants at a concentration of lcss than 0.02% by weight, opacity that is equal to orexceeds 15addilional percentage points above the applicable lim~t, averaged over a six-m~nute period. Opacity is the only RQ appl~cable to boilcrs and cornbustion turbines described in this paragraph; or 

### (D) for facilities where aircontaminant co~npounds arc measured directly by 

### a continuous emission monitoring system providing updated readings at a minimum 15-minute interval an amount, approved by ihe cxecurive director bascd on any reicvant conditions and a scrcening model, that would be repofled prior to ground levcl concentrations reaching at any distance beyond the closest regulated entity propcrty line: (i) less than onc-half of any applicahlc ambicnt air standards; and 

### (ii) less than two t~mes the co~lcentrationof applicable air emission limitations. (89) 

## [@@I Rubbish--Nonputrescible solid waste, consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, funiiture: rubber, plastics, yard trimmings, leaves, and similar materials. Noncombustible rubbish includes glass, crockery, tin cans, alun~inum cans, metal furniture, and Like materials that will not bum at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). (90) 

# [w] Scheduled maintenance, startup, or shutdown activity--For activities with unauthorized emissions that are expected to exceed a reportablequantity 

### (RQ),a scheduled maintenance, startup, or shutdown activity is an activity that the owner oroperator of thereg

## 32 TexReg 720 February 23, 2007 

## TexasRegisterulated entity whether performing or otherwise affected by the activity. provides prior notice and a final report as required by 5;101.21

### I oftliis title (relating to Scheduled Maintenance, Slartup, and Sliutdown Reporting and Recordkeeping Requirements); the notice or final report includes the information required in $101.21 1 of this title; and the actual unauthorized emissions from tlie activity do not exceed the emissions estimates submitted in the initial notification by more tlian an RQ. For activities with unauthorized emissions that are not expected to, and do not, exceed an RQ, a scheduled maintenance, startup, or shutdown activity is one that is recorded as required by 5101.21 1 of this title. Expected excess opacity events as described in 

## 5 101.201(e) of this title (relating to Emissions Event Reporting and Recordkeeping Requirements)resulting from scheduled maintenance, startup, or shutdown activities are those that provide prior notice (if required), and are recorded and reported as required by 5101.21 1 of this title. (91) [C9;?j]Sludge--Any solid or semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant; water supply treatment plant, exclusive of the treated effluent from a wastewater treatment plant; or air pollution control equipment. (92) [@Jj] Smoke--Small gas-born particles resulting from incomplete conlbustion consisting predominately of carbon and other co~nbustible material and present in sufficient quantity to be visible. 

## if9431 Solid waste--Garbage, rubbish, refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control equipment, and other discarded material, including solid, liquid, semisolid, orcontainerized gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from co~nmunity and institutional activities. Thetenn does not include: (97) [@@I Special waste from health care-related facilities--A solid waste that if improperly treated or handled, may serve to transmit infectious disease(s) and that is comprised of the following: animal waste, bulk blood and blood products, microbiological waste, patliological waste, and sharps. (98) [o] Standard conditions--A condition at a temperature of 68 degrees Fahrenheit (20 degrees Centigrade) and a pressure of 14.7 pounds per squareinch absolute (I01.3 kiloPascals). (P&+kW ee~fmm;ttl~~be~te$+ea~ef ~We31€e5S~ttfif~~iseperak~at~~SWeti 

### e3s k] (99) 

# [o] Standard metropolitan statistical area--An area consisting of a county or one or more contiguous counties that is officially so designated by the United States Bureau ofthe Budget. (1001 [o] Submerged fill pipe--A fill pipe that extends from the top ofa tank to have a maximum clearance of six inches (15.2 centimeters) from the bottom or, wlien applied to a tank tliat is loaded from the side. that lias a discharge opening entirely submerged when the pipe used to withdraw liquid from the tank can no longer withdraw liquid in normal operation. [i+Qj] Sulfur compounds--All inorganic or organic cl~emicals having anatomor atomsof sulfur in their chemical structure. (1021 [w] Sulfuric acid mist/sulfuric acid--Emissions of sulfuric acid mist and sulfuric acid are considered to be the same air contaminant calculated as H,SO, and must include sulfuric acid Iiquid mist, sulfur trioxide. and sulfuric acid vapor as measured by Test Method 8 in 40 Code ofFederal Regulations Part 60. Appendix A. (1031 

# [o] Sweet crude oil and gas--Those crude petroleum l~ydrocarbons that are not "sour" as defined in this section. (A) solid or dissolved material in domestic sewage, or 

## (1041 [MI Total suspended particulate--Particulate mat- solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by pern~it issued under the Texas Water ter asmeasured by the method described in 40 Code ofFederal Regulations Part 50, Appendix 

### B. Code. Cha~ter 26:

. 

# . (1051 [i3@@] Transfer efficiency--The amount of coating (B) soil, dirt,rock, sand, and other natural or man-made solidsdeposited ontothe surfaceorapart ofproduct divided by tlie total inert solid materials used to fill land, if the object of the fill is to make 

### amountofcoatingsolidsdeliveredto coatingapplicationsystem, the land suitable for tlie construction of surface improvements; or (C) waste materials tliat result from activities associated with tlie exploration, develop~nent, or production of oil or gas, or geothermal resources, and other substance or material regulated by the Railroad Commission of Texas under Natural Resources Code, $91.10 1, unless the waste, substance, ormaterialresults fromactivities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, orrepressurizing plants and is hazardous waste as defined by the administrator of tlie United States Environmental Protection Agency under the federal Solid Waste Disposal Act. as amended by Resource Conservation and Recovery Act. as amended (42 United States Code, $56901 el seq.). (94) [t95j]Sourcrude--A crudeoil that will emit a sourgas wlien in equilibriutn at atmosplieric pressure. (1061 [MI True vapor pressure--The absolute aggregate partial vapor pressure, measured in pounds per square inch absolute, of all volatile organic compounds at the temperature of storage,handling, or processing. (1071 [08j]Unauthorized emissions--Emissions of any air contaminant except carbon dioxide, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygen that exceed any air emission limitation in a permit, rule, or order of the commnission or as authorized by Texas Clean Air Act, §382.0518(g). [w] Unplanned maintenance, startup, or s11~1tdown activity--For activities with unauthorized emissions tliat are expected to exceed a reportable quantity or with excess opacity, an unplanned maintenance, startup. or sliutdown activity is: (95) [o] Sourgas--Any natural gascontaining moreillan (A) a starlup or shutdown that was not part of nonnal 1.5 grains ofhydrogen sulfideper 100 cubicfeet,ormore tlian 30grains or routine facility operations, is unpredictable as to timing, and is not of total sulfur per 100cubic feet. the type of event normally autliorized by permit; or (96) 

### [(-97j] Source--A point of origin of air contaminants, (B) a maintenance activity that arises from sudden and whether privately or p~~blicly owned or operated. Upon request of a unforeseeable events beyond the control of the operator tliat requires source owner, tlie executive director shall determine whether multiple the immediate corrective action to minimize 01. avoid an upset or malprocesses emitting air contaminants from a single point of emission function. will be treated as a single source or as multiplc sources. QO9J [Qtoj] Upset event--& [MI unplanned and unavoidable breakdown or excursion of a process or operation that



## PROPOSED RULES February 23, 

## 2007 32 TexReg 

## 721results in unauthorized emissions. A maintenance, startup, or shuidown activity that was reported under $101.211 of this title (relating to 

### Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements), but had emissions that exceeded the reported amount by more than a reportable quantity due to an unplanned and unavoidable breakdown or excursion of a process or operation is an upset evcnl. (110) [w] Utility boiler--A boiler used to produce electric power, steam. or heated or coolcd air, or other gases or fluids for sale. (111) [el-1-91Vapor co~nbus~or--A partially enclosed combustion devicc used to destroy volatile organic compounds by smokeless combust~on without extracting energy in the form of process heat or steam. The combustion flame may be partially visible, but a1 no time does the devicc opcrate with an uncontrolled flamc. Auxiliary fuel and/or a flamc air control di~mping system that can operatc at all times to control the aidfuel mixture to thecombustor'sflamezone,may be required to ensure smokeless

### comb us ti or^ during operation. 

## (1121 [(4-1331 Vapor-mounted seal-- A prlmary scal inounted so there 1san annular space underneath the seal Thc annular vapo~ space IS bounded by thc bottom of the prlmary seal, the tank wall, the l~qu~d surface, and the float~ng roof or cover. (113) [@--I+] Vent--Any duct, stack, chimney, fluc, conduit, or other devicc used to conduct air contaminants into the atmosphere. (114) [eI-ISj] Visible emissions--Particulate or gaseous matter that can be detected by the human eye. The radiant energy from an open flame is considered 

## [a be] a visible emission under this definition. (115) [@-I@]Volatilcorganic compound--As defined in 40 CodeofFederal Regulations 

### $51.I OO(s), except 

### $51.100(~)(2) - (4), as amended on November 29,2004 (69 FR 69290). (110 [CI-1-7j]Volatileorganic compound (VOC) water separator--Any tank, box, sump, or other container in which any VOC, floating on or contained in water entering such tank, box. sump, or other container, is physically separated and removed from such water prior to outfall, drainage, or recovery of such water. f101.23. Alte~~ate Entissior7 Reduction ("Bubble1') Policv. An owner or operator of any facility that is affected by any control requirement ofC\lapters I11, 112, 113. 1 15. 

### and 117 of this title (re& ing to Control of Air Pollution from Visible Emissions and ParticuM Matter; Control of Air Pollution from Sulfur Compounds; Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and Pollutants~Control of Air Pollution from Volatile Organic Compounds; and Control of Air Pollution from Nitrogen Compounds) [-%4€l3$Cegd&eiw 

### &

### H;HI;

### YVFI, mdHi]adopted on or afterMarch 30, 1979, may, prior to complia~lce with such requirement, request the executive director to approve control of emissions from an alternate facility or from alternate facilities located on the affected property and owned or operated by or under the control of the owner or operator of the affected facility in lieu of compliance with the requirement as prescribed in the regulation, provided the alternate proposed controls are not required by any Texas Commission on Environmental Quality (TCEQ) 

### [TA€B] rule, regulation, permit condition, commission [bewd] order, orcourt order. Theexecutive director shall approve control of emissions from alternate facilities if the applicant demonstrates that the alternate controls will yield, by the date specified in the rule, emission reductions that are substantially equivalent to the emissions reductions which would otherwise be required in terms of their quantity, character, air quality impacts includinghealth and welfare effects, and aren affected. Facilities which receive the executive director's approval of an alternate emissions control plan will be deemed to havc complied with theotherwise applicable

## TCEQ [-TM%] rule. However, theexecutive director may,afternotice and opportunity for public hearing, revoke the credit or authority for alternate controls if the 

## executive director [ke] determines that any of the prerequisites for approval of the alternate controls are no longer met or if further emission rcduclions are needed to meet the intent ofthe Texas Clean Air Act. This agency herebycertifies that theproposal hasbeen reviewed by legal counselandfoundto bewithin the agency'slegal authority to adopt. Filed with the Office 

### of the Secretary 

### of State on February 

### 9, 2007. TRD-200700372 Robert Martinez Director. Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25. 2007 For further information,please call: (512)239-0348


### 30 TAC $101.22 (Editor'snote: The text of the,fillowing section prc~postd,/i~~ ~-e/~eol will not bepublished. Thesection mlybe exanlined in theoJ7ce.v?/the Tenas Conwtission on Envi~anmental Qlmlipor-it1 the Texl~r Register ofice, Room 245, James Ea1.1Rudder Building. 1019 Brmo.\ Streel, Austin.) STATUTORY AUTHORITY The repealed section 

### is proposed under Texas Water Code, $5.103, concerning Rules, and 55.105, concerning General Policy, that authorize the commission to adopt rules necessary to carry out its powers and duties under the TexasWater Code; and under Texas Health and Safety Code (THSC), $382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes

### of the Texas Clean Air Act. The repealed section 

### is also proposed under THSC, $382.002, concerning Policy and Purpose, that establishes the commission purpose to 

### safeguard the state's air i?sGuices, consistent with the protection of public health, general welfare. and physical property; $302.011, concerning General Powers and Duties,that authorizesthe commission to control the quality of the state's air; and 5382.012, concerning State Air Control Plan, that authorizesthe commission to prepare and develop a general, comprehensiveplan for the control of the state's air. The repealed section implements THSC, 55382.002, 382.011, 382.012, and 382.017; and Senate Bill 784, 79th Legislature, 2005. $101.22. Eflective Date. Thisagencyherebycertifies that theproposal hasbeen reviewed by legal counselandfound tobewithin the agency's legal authority to adopt. Filed with the Office of the Secretary of State on February 9,



## 32 TexReg 722 February 23, 2007 TexasRegisterRobert Marlinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25, 2007 For furlher information,please call: (512) 239-0348


## SUBCHAPTER H. EMISSIONS BANKING AND TRADING DIVISION 

## 1. EMISSION CREDIT BANKING AND TRADING 30 TAC ~101.302,~101.306 STATUTORY AUTHORITY The amended sections are proposed under Texas Water Code, s5.103, concerning Rules, and $5.105, concerning General Policy, that authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas Health and Safety Code (THSC), s382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended sections are also proposed under THSC, s382.002, concerning Policy and Purpose, that establishes the commission purposeto safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; s382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and $382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air. The amended sections are also proposed under THSC, s382.014, concerning Emission Inventory, that authorizes the commission to require a person whose activities cause air contaminant emissions to submit information to enable the commission to develop an emissions inventory; and s382.051 and s382.0518,concerning Permitting Authority of Commissionand Preconstruction Permit, that authorize the commission to issue preconstruction and operating air permits. The amended sections are also proposed under42 USC, §7410(a)(2)(A), that requires SIPSto include enforceable measures or techniques, including economic incentives such as fees, marketable permits, and auction of emission rights. The amended sections implement THSC, ss382.002, 382.011, 382.012, and 382.017; and Senate Bill 784, 79th Legislature, 2005. $101.302. Ge~ieral Provisions (a) - (c) (No change.) (d) Protocol. (I) All generators or users of emission credits shall use a protocol that has been submitted by the executive director to the EPA for approval, if existing for the applicable facility or mobile source, to measure and calculate baseline emissions. If the generator or user wishes to deviate from a protocol submitted by the executive director, EPA approval is required before the protocol can be used. Protocols must be used as follows. (A) Facilities subiect to the emission s~ecifications under 

## 4-110. 117.210. 117:310. 117.410. 117.1010, 117.1110, 117.1210. 117.1310, 117.2010. 117.21101 or 117.3310 [wW%H3& 

### =06 ef W] of this title (relating to Emission Specifications for Attainment Demonstration [-eeffte-w]; Emission Specifications for Eight-Hour Attainment Demonstration; and Emission Specifications) shall quantify reductions in nitrogen oxide emissions using the testing and monitoring methodologies identified to show compliance with the emission specification. (B) - (C) (No change.) (2)- (3) (No change.) (e) - (1) (No change.) $101.306. Eniissiori Credii 

### Use (a) (No change.) (b) Credit use calculation. (I - 2 (No change.) (3) For emission credits used to co~nply with $51 17.123, 117.223, 1'1j.320, 117.323,117.423, 117.1020,i1?.112o, 117.1220, or 117.3123 

### TWtU88; 447.2K!, 

### ew +I72231 of this title (relating to -- 

# [w &'&xi] Source Capastern Cgfand Dallas-Fort worth Eieht-Hour Ozone Attainment Demonstration Control Requirements), the number ofemission credits needed for increasing the 30-dayrolling average emission cap ormaximum daily cap should be determined according to the rollowing equation plus an additional 10% to be retired as an environmental contribution. Figure: 30TAC $101.306(b)(3) (4) (No change.) (c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel andfoundto bewithin the agency's legalauthor

### ity to adopt. Filed with the Office of the Secretary of State on February 9, 2007. TRD-200700374 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25,2007 For further information,please call: (512) 239-0348


## DIVISION3. MASSEMISSIONSCAPAND TRADE PROGRAM 30 TAC §§101.350, 101.351, 101.353, 101.354, 101.360 STATUTORY AUTHORITY The amended sections are proposed under Texas Water Code, 55.103, concerning Rules, and s5.105, concerning General Policy, that authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas Health and Safety Code (THSC), s382.017, concerning Rules,that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended sections are also proposed under THSC, s382.002, concerning Policy and Purpose, that establishes the commission purposeto safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; §382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of



## PROPOSED RULES February 23,2007 32 

## TexReg 723the state's air; and 5382.012,concerning StateAir Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan 

### for the control of the state's air. The amended sections are also proposed under THSC, 5382.014, concerning Emission Inventory, that authorizes the commission to require a person whoseactivities causeair contaminantemissionsto submit information to enablethe commission to develop an emissions inventory; 5382.016, concerning Monitoring Requirements,that authorizesthecommission to prescribe reasonable requirements 

### for the measuring and monitoring of air contaminant emissions; and 5382.051 and 5382.0518, concerning Permitting Authority of Commission and Preconstruction Permit, that authorize the commission to 

### issue preconstruction and operating air permits. The amended sections are 

### also proposed under 42USC, 57410(a)(2)(A), that requires SIPSto include enforceable measures 

### or techniques, including economic incentives such asfees,marketable permits, and auction 

### of emission rights. The amended sections implement THSC, 55382.002, 382.011, 382.012, and 382.017.

The Following words and terms, when used in this division, shall have the Following meanings, unless tlic context clearly indicates otherwise. (1) - (9) (No changc.) (I0) I-1oust011-Galveston-Brazoria (HGB) [Hottf toniGttkslon (HGAj] ozone nonattainment area--As dcfined in $101.1 of this title (relating to Dcfi~litions). (1 1) - (14j (No change.)
(a) This division applies to all facilities which emit nitrogen oxides (NO,) in the&gston- Galveston-Brazoria 

## 1-1 ozonc nonattainmenl area, as defined in $101.1of this title (relating to Definitions) which arc subject to the emission specifications under $41I7.310, I17.I210. or !-!11,2&0 [*WT1-06;W6;efU1475] of this title (relating to Emission Specifications for Attainment Demonstration cDenions~acions] and Emission Specifications) and which arc: (1) located at a site which meets the definition of major sc!firce, xs dt:fined it! 

## 3 i 7.i o.Yi!lis !ii!r (ro!ali!lgto DcG!!itio!!s); 

# [;I C? (2) (No changc.) (b) (No changc.) $101.353. Allocafion~f'Al1owancc.r.. (a) Allowances will bc deposited intoco~npliance accountsaccording to the following equation cxcept as provided in subsection (b) or (11) of this section. Figure: 30 TAC 

### 8 101.353(a) (b) - (11) (No change.)
(a) Allowa~lces will be deducted in tenthsof a ton from a s~te's compliance account for a control period based upon the monitoring and testingprotocolsestablishedin jis I 17.340, 117.1240, and 117.2035 [~W+ C- and447491ofthis title (relating toContinuous Demonstration of Compliance; and Monitoring and Testing Require- -[--&- 

### . . *+he- -ttff$-- 01 ' 

### ,dk wg %-I). (b) - (d) (No change.) (e) Allowances shall be deducted From a site's compliance account in an amount equal to the nitrogen oxides (NOx)emissions increases from facilities not subject to an emission specification under jl17.3lO or $117.20lO [+&I% ef 

### ft-1-I34%] 

### OFthis title (relating to Emission Specifications for Attainment Demonstration [Demon

### s+~a&w]; and Emission Specifications) which result from changes made after December 31. 20001 to facilities subject to this division and 

### Q: 117.310(e)(3) [+l44-336fltjC3j]or

### 4I 17.20I 

### O(fJ [+I-I-747-S@]of this title. Documentation detailing these increases in NO* c~nissions shall be included with thc submittal of thc ECT-I Form. Annual Complia~lce Report. (f) - (g) (No change.) ,$I01. .360 Lcvrl of'Acfivig. Cer.rij?ccrfion. (a) Thc owner or operator ol':~ny facil~ty sut!ject to this tlivision shall certify, no later than June 30, 2001. its historical lcvel ofactivity by submitting to the 

### executivedirector acompleted ECT-3 Form, Level of Activity Certification, along with any supporting inForn~;itio~l such asusage records, testing ormonitoringdata, cmission Pactors,and production records as Follows: (1)

## - (2) (No change.) (3) for new and modified facilities not in operation prior to January 1, 1997, that are sub-jectto emission specifications undcr @117.310, 117.1210, or 117.2010 

### 14- 4-&&2& er 14W41 ofthis title (relatingto Emission Specifications for Attainmen[

### Dzgon: stration[D-1; and Emission Specifications) that were firs1 adopted after April 1, 2001, and either have submitted under Chaptcr 116 of this title an application which the executive director has dctcrmined to be administratively complete within 90 days 

### OFthe ercctivc date of this emission specification, or have qualified for a pcrmit by rule under Chapter 106of this title [(&&kg te P& 

### by Rdej] and have commenced construction within 90 days of the effective date of the emission specification, the level of activity authorized by the executive director. (b) - (c) (No change.) This agencyherebycertifiesthatthe proposal hasbeen reviewed by legal counsel andfound tobewithin the agency's legal author2007. TRD-200700375 Robert Martinez Director, EnvironmentalLaw Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25. 2007 For further information,please call: (512)239-0348


## DIVISION 

## 4. DISCRETE EMISSION CREDIT BANKING AND TRADING 30 

### TAC $101.372, $101.376 STATUTORY AUTHORIN Theamended sections

### are proposed under Texas Water Code, 55.103,concerning Rules, and 55.105,concerning General Policy, that authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas Health and Safety Code (THSC), 5382.017,



## 32 

## TexReg 724 Fcbrua~y 23, 2007 Texas

## Registerconcerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended sections are also proposed under THSC, 5382.002, concerning Policy and Purpose, that establishes the commission purposeto safeguard the state'sair resources, consistent with the protection of public health, general welfare, and physical property; 5382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 5382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air. The amended sections are also proposed under THSC, 5382.014, concerning Emission Inventory, that authorizes the commission to require a person whose activities cause air contaminant emissions to submit informationto enable the commission to develop an emissions inventory; and 5382.051 and 5382.0518, concerning Permitting Authority of Commission and Preconstruction Permit, that authorize the commission to issue preconstruction and operating air permits. The amended sections are also proposed under42 USC, 57410(a)(2)(A), that requires SIPSto include enforceable measures or techniques, including economic incentives such as fees, marketable permits, and auction of emission rights. The amended sections implement THSC, 55382.002, 382.011, 382.012, and 382.017; and Senate Bill 784, 79th Legislature, 2005. j101.372. GeneralProvisions. (a) - (c) (No change.) (d) Protocol. (1) All generatorsorusers of discrete emission credits must use a protocol which has been submitted by the executive director to the EPA for approval, if existing for the applicable facility or mobile source, to measure and calculale baseline emissions. If the generator or user wishes to deviate from a protocol submitled by the executive director, EPA approval is required before the protocol canbe used. Protocols shall be used as follows. (A) Facilities subiect 10 the emission specifications under j$117.110, 117.210, 117:310, 117.410, 117.1010, 117.1110, 117.1210, 117.1310, 117.2010, 117.2110, or 117.3310 

### [#KNOB; WL20& CE

### W1 of this tille (relating to Emission S~ecifications 

# - for Atlain~nentDemonstration 

## [-I; Emission Speci- fications for Eight-Hour Attainnlenl Demonstration; and Emission - Specifications) shall quantify reductions in NOxusing the testing and monitoring methodologies identified to show compliance with the emission specification. (B) Facilities subject to the requirements under $$115.112, 115.121, 115.122, 115.162, 115.211~ 115.212, 115.352, 115.421, 115.541, or 1 15.542 of this title (relating to [EtftiffietlSpe ifice ad]Control Requirements and Emission Specifications) shall quantify VOC reductions using the testing and monitoring methodologies identified to show compliance with the emission specifications 01. the requirements. (C) (No change.) (2) - (3) (No changc.) (e) - (m) (No change.) s7101.376. Di.rcra/eEn~issio~~ C~.edi/ Use. (a) - (c) (No change.) (d) Notice of intenl to use. (1) (No change.) (2) DERC use calculation. IA) To calculate the amount of discrete emission cred~, its necessary to comply with S;$l17.123. 117.223. 117.320, 117.323, 117.423. 117.1020. 117.1120. 117.1220, 117.3020, or 117.3123 IPE117 InP+%&& e~

### +&2231 of this title (relating to 

## [& C* md] Sburce Capastern cap; and Dallas-Fort worth Ei&uirements), a user may use the equations listed in those sections, or the following equations. (i) For the rolling average cap: Figure: 30TAC $ 101.376(d)(2)(A)(i) 

### (ii) For maximum daily cap: Figure: 30 TAC $101.376(d)(2)(A)(ii) (B) - (E) (No change.) (3) - (5) (No change.) (e) (No change.) This agency hereby certifies that the proposal has been reviewed by legalcounsel andfound to bewithintheagency's legal authority to adopt. Filed with the Office of the Secretary of State on February 9, 2007. TRD-200700376 Robert Martinez Director. Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25, 2007 For further information,please call: (512)239-0348


## DIVISION 

## 5. SYSTEM CAP 

## TRADING 30 

### TAC $101.383, 5101.385 STATUTORY AUTHORITY The amended sections are proposed under Texas Water Code, 55.103, concerning Rules, and 55.105, concerning General Policy, that authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas Health and Safety Code (THSC), 5382.017, concerning Rules, that authorizes the commissionto adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended sections are also proposed under THSC, 5382.002, concerning Policy and Purpose, that establishes the commission purposeto safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; 5382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 5382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air. The amended sections are also proposed under THSC, 5382.014, concerning Emission Inventory,that authorizes the commission to require a personwhose activities cause air contaminant emissions to submit information to enable the commissionto develop an emissions inventory; and 5382.051 and 5382.0518, concerning Permitting Authority of Commission and Preconstruction Permit, that authorize the commission to issue preconstruction and



## PROPOSED RULES February 23, 2007 32 

## TexReg 725operating air permits. The amended sections are also proposed under42 USC, §7410(a)(2)(A),that requires SIPSto include enforceable measures or techniques, including economic incentives such as fees, marketable permits, and auction of emission rights. The amended sections implement THSC, ss382.002, 382.011, 382.012, and 382.017; and Senate Bill 784, 79th Legislature, 2005. $101.383. General Ptvvisions (al (No chance.) (b) System cap limits Tor units within an cleclric powcr generaling system as regi~lated under 

## 4 ll7.3P2Q[$-I-L7:138] or this lille (relating to Syslem Cap) may be exceedcd will1 surplus cmission allowablcs ohlainctl Tor that c;rlendar year rro~n nnc~tlicr sourcc owner or opcrillor parlicipatingin a systcln cap. (c) (No cliangc.)
(a) (No cliangc.) (b) The owneror operatoroTa sourcc participating in a syslcm cap limil Tor sources subjccl Lo

## 8I~l7..020 [C;-I-KH8] or this Litle (rclating Lo Syslcrn Cap) shall submit to thc executive direclor an annual rcporl. (1) - (3) (No cll;llige.) (c) (No change.) This agency herebycertifies that the proposal has been reviewed by legal counsel andfoundto bewithin the agency's legal authority to adopt. Filed with the Office of the Secretary of State on February 9, 2007. TRD-200700377 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: March 25, 2007 For iurther informat~on, please call: (Si2) 239-U348 

## TITLE 31. 

## NATURAL RESOURCES AND 

## CONSERVATION 

# PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 53. 

## FINANCE Texas Parks and Wildlife Department (department) proposes amendments to Ss53.2, 53.5, 53.6, 53.12, and 53.13, concerning License Fees and Boat and Motor Fees, and s53.60 concerning Stamps. The proposed amendments are part of an overall department initiative to reduce the number of types of licenses sold by the department. By combining or replacing certain licenses and license packages and eliminating others that are not popular, the department will reduce administrative costs and regulatory complexity while still offering a variety of licenses to meet the various types of recreational demand. The proposed amendment to s53.2, concerning License Issuance Procedures, Fees, Possession and Exemption Rules, would add a new paragraph (4) to subsection (a) to stipulate that persons under the age of 17 are consideredto be residents for the DurDoses of the cha~ter. Under Parks and Wildlife Code.

~ ~~ §42.00?,the commission is authorized to designate categories of individual as residents. The D~ODOS~~amendment to subsection (b)(2)would alter the ~icinsk possession requirements to acknowledge that, due to the implementation of the one-day fishing package (which includes the saltwater stamp), the stamp requirement is no longer universal. The proposed amendment to $53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, would rename the Special Resident Hunting License to the Senior Resident Hunting License, restrict its use to residents who are 65 years of age or older, and create an additional license that is limited to persons under the aae of 17. Under current rule, the S~ecialResident Hunting ~icense is available to residents'overtheage of 65 and any person under 17 years of age, regardless of residency status. The department wishes to be able to more accurately track demographic trends in purchasing and use,which makes it necessary to stratify the two age groups currently eligible to purchase the special resident license. The price of the licenses would remain unchanged. The proposed amendment to $53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, would allow persons who are legally blind to be eligible to purchase the Special Resident Fishing License. The proposed amendment also would create a Senior Resident Fishing Licensefor residents who are 65 years of age or older; create a Resident One-Day All-Water Fishing License ($10 fee), a Nonresident One-Day All-Water Fishing License ($15fee), renamethe special license packages as senior license packages, andwould implement a fee of$3for the Bonus Red Drum Tag. Under Parks and Wildlife Code, $46.004, the commission may establish a lower fee or waive the fee or license requirement for a resident who is blind as defined by Human Resources Code, s94.001. The department has always allowed legally blind persons to purchase a fishing license at a reduced cost; however, this has never been explicitly stated by rule. The proposed amendment 

### wcu!:! zcconplish ihzt. The One-Day All-Water license is intended to replace a variety of licenses. To that end, the proposed amendment to subsection (c) would also eliminate the following licenses: July and August Resident Fishing, Day Resident Fishing, and Day Nonresident Fishing; and the following license packages: July and August Resident Fishing (freshwater, saltwater, all water) and both the resident and nonresident "Day Plus" Fishing (freshwater, saltwater, all water). The implementation of a fee for the bonus red drum tag is necessary for the department to recoup the administrative cost of providing anglers with the opportunity to take a red drum in addition to the red drum allowed under afishing license. The proposed amendment also would eliminate obsolete references to effective dates and make additional nonsubstantive changes to simplify and clarify the regulations. The proposed amendment to s53.12, concerning Commercial Fishing Licenses and Tags, would eliminate both the Resident and Nonresident Commercial Fishing Boat License and create a single license for residents and nonresidents alike, which would be called the Commercial Fishing Boat License; and the new license would be required for any boat (resident or nonresident) used in taking aquatic products (except menhaden, oysters,



## 32 TexReg 726 February 23, 2007 TexasRegister

### Figure: 

## 30 TAC 

# 5 101.306(b)(3) CalculationofEmissionReductionsNeeded for System Cap or SourceCap

Where: 

## N = 

## the total number ofemission units in 

## the sourcecap i = 

## eachemissionunit in the source cap 

## H; = 

## actual dailyheat input, in million British thermal units 

## (Mh4Btu)per 

## day, as calculated accordingto $$117.123@)(1), 117.223@)(1),117.320(~)(1), 117.323@)(1), 117.423@)(1), 117.1020(c)(l), 117.1120(c)(l),or 117.1220(c)(l)ofthis title 

## R;=the facility's emissionfactor,in pounds (lb)flMMBtu, is defined asin $51 17.123@)(1), 117.223@)(1),117.320(~)(1), 117.323(b)(l), 117.423@)(1), 117.1020(c)(l), 1

## 17.1120(c)(l),or 117.1220(c)(1)ofthistitle 

## Hn = 

## themaximumdaily heat input,in 

### MMBtu 

## per day, expected for an emission unit duringthe use period 

## Rn = 

## the maximum emission factor, in lb/MMBtu, expectedfor an emissionunit duringthe use period



## 32 TexReg 924 Februarj~ 23, 2007 TexasRegister

### Figure: 30 

### TAC $101.353(a)

Where: (1)A= 

### number of allowancesrounded to tenths of tons; (2)

## B =

### the facility's baseline emission rate and is calculated as follows: (A)For facilities in operation prior to January 1, 1997:

Where: LA97 =

### the facility's level of activity, as certifiedby the executive director for 1997; LA98 =

### the facility's level of activity, as certifiedby the executive director for 1998; LA99 =

### the facility's level ofactivity, as certifiedby the executive director for 1999; EF97 =

### the facility's emission factor for 1997orthe emission specifications under 

# $511 7.3 10, 1 17.12 10, and 11 7.2010 ofthis title (relatingto Emission Specifications for Attainment Demonstration; and Emission Specifications)(ESAD) whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or state regulation, rule, or permit limit), ascertifiedby the executive director; EF98 =

### the facility's emission factor far 1998 or the emission specificationsunder ESAD, whichever ishigher, in pounds per unit of activity, (not to exceed any applicable federal or stateregulation, rule, or permit limit), as certified by the executive director; EF99 =

### the facility's emission factor far 1999 or the emission specifications under ESAD, whichever ishigher, in pounds per unit of activity, (not to exceed any applicable federal or stateregulation,rule, or permit limit), as certified by the executive director.



## TABLESAND 

## GRAPHICS February 

## 23,2007 32 TexReg 925

## (B)For existing facilities not in operation prior to January 1, 1997and that have been 

### in operation less than five complete consecutive calendar yearsbegrnning after the end of the adjustment period and have not established two years of baseline data:

Where: LAAllowable =

### The level of activity authorized by the executive director until such time two consecutive calendar years of actual level of activity data is available; EFAllowable =

### The emission factor or the emission specifications under 

### ESAD, whichever ishigher, authorized by the executive director until suchtime two consecutive calendar years of actual emission data is available. 

### (C) For existing facilities not in operation prior to January 1, 1997,and that have establishedtwo consecutive calendar years ofbaseline data out ofthe first five years of operation following the end ofthe adjustment period:

Where: LAYear-1 =

### the facility's level of activity, ascertified by the executive director, for the first of any two consecutive years within the first five years of operation; LAYear-2 = 

### the facility's level of activity, as certifiedby the executive director, for the second of any two consecutive years within the first five years of operation; EFYear-1 =

### the facility's emission factor or the emission specifications under 

### ESAD, whichever is higher, in pounds per unit ofactivity, (not to exceed any applicable federal or state regulation, rule, orpermit limit), as certified 

### by the executive director, forthe first of any two consecutive years within the first five years of operation;



## 32 TexRcg 

## 926 Februarj)

## 23, 

## 2007 TexasRegister

### EWear-2 =

### the facility's emission factor or the emission specifications under 

### ESAD,whichever ishigher, in pounds per unit of activity, (notto exceed any applicable federal or stateregulation, rule, orpmitlimit), as certified by the executive director, for the second of any two consecutive years within the first five years of operation. 

### (3)

## X =

### reduction factor, where: 

### (A) For all boilers, auxiliary steam boilers, and stationary gas turbines (including duct burners used in turbine exhaust ducts) within an electric power generating system, asdefined in 

# 6 117.10(14)(A) of this title (relatingto Definitions), located in the 

### Houston-Galveston-Brazorianonattainment area: (i) forJanuary 1,2002through March 31,2003,

## X =

### 0.00; (ii) for April 1,2003through March 31,2004,

### X =

### 0.50; (iii) on or after April 1,2004, 

### X = 

### 1.00; 

### (B) For facilities subjectto the emission specifications under $1

### 17.310(a)(l)(A) and 

### (B), (2)(A), (5), (8)(A)(i), (8)(B), (9)(A)(ii), (lo),or (11)ofthis title: (i) forJanuary 1,2002through March 31,2004, 

### X =

### 0.00; (ii) for April 1,2004through March 31,2005,

### X =

### 0.47; (iii) for April 1,2005through March 3 

### 1,2006, 

## X =

### 0.80; 

### (iv) for April 1,2006through March 31,2007,

## X =

### 0.93; (v) on and after April 1,2007,X = 

### 1.00; (C) 

### For all other faci!ities: (i) for January 1,2002through March 31,2004, X =

### 0.00; (ii) for April 1,2004through March 31,2005,

### X =

### 0.389; (iii) for April 1,2005through March 31,2006,

## X =

### 0.667; (iv) for April 1,2006through March 31,2007,

## X =

### 0.778; (v) on and after April 1,2007,

### X = 

### 1.00; 

### (D) Alternatively, facilities subjecttothe reduction factors under subparagraph 

### B of this paragraph may elect to comply with the following: (i) for January 1,2002through March 31,2005,X=O.OO; (ii) on and after April 1,2005, 

### X= 1.00.

- - - - - - - 

## TABLESAND GRAPHICS 

## February 23, 200 7 

## 32 

## TexReg927

### (E) Electionto comply with the alternative reduction schedule under subparagraph @) 

### ofthisparagraph shall be made by letter to the executive director no later thanApril 1,2003. 

## (F)For calendar years which include two different reduction factors,the reduction factor shallbe adjusted using the appropriate ratio to reflect the number of months coveredby eachreduction factor. 

### (4) 

## LAHA =

### historical avemge level of activity, where: (A)For facilities in operationon or before January 1, 1997, the average level of activity, as certifiedby the executive director, for 1997, 1998,and 1999;or 

## (B) For existing facilitieswhich began operation after January 1, 1997,

## LAHA is: (i)the level ofactivity authorized by the executive directoruntil such time two consecutive calendar years of actual level of activity data is available, beginningafter the end ofthe adjustment period; or (ii)when two completeconsecutive calendar years of actual level of activity data is available,bepnning after the end of the adjustment period, the level ofactivity becomes the average of the facility's actual level of activityoverthose two consecutive calendar years of actual level of activity data. 

## (5) EFfinal =

### emission factor, as listed in 

# $911 7.3 10, 

### 117.1210,or 117.2010 ofthis title. (6)For facilitiesusing alternativeemission specificationsas allowed in $117.310(a)(17) or 

## 4 117.2010(~)(6) ofthis title, the level of activity for any formula will be the lowestof the level of activity as calculatedin variables (2)(A), (2)(B), or the level of activity limitedby an enforceable limit or commitmentnecessary to qualify for 

## an alternative emission specification

### in $1 17.310(a)(17)or $117.2010(~)(6) ofthis title.



## 32 TexReg928 Feb~.~lar-y 23, 2007 TexasRegister

### Figure: 30 TAC $ 

### 101.376(d)(2)(A)(i)

Amount of DERCs 

## d Required = 

# 1 [(EX, x 

## ER,)

# - (H,x 

## R,)] x

# (--)

i=1 

## 2000 (tons) Where: d =

### the number ofdays in the use period i = 

### each emission unit in the source or systemcap 

## N =

### the total number of emission units in 

### the source or system cap 

## Hi =

### actual daily heat input, in 

### million British thermal units (MMBtu) per day, as calculated according to 

## $41

### 17.123(b)(l), 117.223(b)(l), 117.320(~)(1) and (2), 

## 117.323@)(1), 117.423(b)(l), 

### 117.1020(c)(l), 117.1120(c)(l), 117.1220(~)(1), or 

### 117.3020(c) ofthis title (relating to SourceCap; and System Cap) as applicable 

## Ri=

### actual emission rate, in pounds (lb)/MMBtu, as defined in 

# $5117.123(b)(l), 117.223(b)(l), 117.320(~)(1) and (2), 117.323(b)(l), 117.423@)(1), 117.1020(~)(1), 117.1120(c)(l), 117.1220(~)(1), or 117.3020(c)of this title as applicable 

## EHi=

### expected new daily heat input, in MMBtu per day 

## ERi= 

### expected new emission rate, 

### in Ib/MMBtu.



## TABLESAND 

## GRAPHICS February 23,2007 32 TexReg 929

### Figure: 30 TAC 

## 5101.376(d)(2)(A)(ii)

N 

# 1 Amount ofDERCS Required (tons)= 

# [(EHM~ER~)- (HM~R~)]- i=l 

# 2000 Where: i =

### each emission unit in the sourceor system cap 

## N =

### the totalnumber of emissionunits in 

### the source or systemcap 

## Ri =

### in Ib/MMBtu,is defined as 

### in 

## $9117.123(b)(l), 117.223@)(1),117.320(~)(3), 117.323@)(1),117.423@)(1),117.1020(~)(2), 117.1120(c)(2),or 117.1220(~)(2) ofthis title (relatingto Source Cap; Emission Specificationsfor Attainment Demonstration; and SystemCap) as applicable

HMi =

### the maximum daily heat .input,in MMBtu/day,as defined in 

## $5117.123(b)(l), 117.223@)(1), 117.320(~)(3), 117.323@)(1), 117.423@)(1), 117.1020(~)(2), 117.1120(c)(2),or 117.1220(~)(2) ofthis title asapplicable 

## EHMi =

### expectednew maximum daily heat input, inMMBtuper day 

## ERi = 

### expected new emission rate, in IbIMMBtu.



## 32 TexReg 930 February 23, 2007 

## TexasRegister

### Kathleen HartnetlWhite, 

### C/2aiman Larry 

### R. Soward, 

### Comt72issioner hlartin A. Hubert, 

### Comt71issioner Glenn Shanltle, 

### ExecutiveDi~ector

Protecting Texas by

### Reducing andPreventitzg Pollution 

## NOTICE OF PUBLIC HEARING BY THE TEXAS COMMISSION ON ENVIRONMENTALQUALITY ON PROPOSED REVISIONS TO 30 

## TAC CHAPTER 101 AND 

## TO THE STATEIMPLEMENTATION PLAN The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 101, General Air Quality Rules, and to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, 5382.017; Texas Government Code, Chapter 2001, Subchapter 

## B; and 40 Code of Federal Regulations 551.102 of the United States Environmental Protection Agency (EPA) regulations concerning SIPS. The proposed rulemaking would correct references to sections of 30 TAC Chapter 117 which are changing due to the reorganization of Chapter 117. This rulemaking would also include revisions identified during the last review of Chapter 101, including changes to the definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. A definition for nitrogen oxides would be added, the definitions of hazardous waste management facility and hazardous waste management unit would be deleted, references to the title of the commission would be corrected, and an obsolete effective date section would be removed. A public hearing on this proposal will be held in Austin, Texas, on March 20, 2007, at 10:OO a.m., in Building B, Room 201A, at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individualsmay present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be availableto discuss the proposal 30 minutes prior to the hearing. Persoils planning to attend the hearing, who have special co~nrnunicationor other accoinmodation needs, should contact Lola Brown, Office of Legal Services, at (512) 239-0348. Requests should be made as far in advance as possible. Coininents may be submitted to Lola Brown, MC 205, Texas Register Team, Office of Legal Services, Texas Coinlnission on Environmental Quality, P.O. Box 13087,Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at 

## htty://www5.tceq.state.tx.us/~ules/ecomme~zts. The comment period closes March 26, 2007. All comments should reference Rule Project Nuinber 2006-053- 101-PR. 

## The proposed rules may be viewed on the coinmission's Web site at 

## lzttp://www.tceq.state.tx.us/nav/rules/p~opose~adopt.html. For further illformation or questions concerning this proposal, please contact Becky Southard, Air Permits Division, at (512) 239-1638. 

## Issued 

## inAustin, Texas, 

## on Febl-uary 7, 2007.

P.O. Box 13087 Austin, Texas 78711-3087 512/239-1000 internet address: ~vw1w.tceq.state.tx.us

# WRITTEN AND ORAL TESTIMONY

## ReferenceNumber INDEX OF WRITTEN TESTIMONY



## Submitted Bv

'The United States Environmental Protection Agency Eternal Springs Wellness

### UNITEDSTATES ENVIRONMENTALPROTECTIONAGENCY REGION6 

### 1445

### ROSS AVENUE, SUITE 1200 DALLAS, 

### TX 75202-2733



## Ms. Lola Brown Texas Re~ster Team (MC 205) Office ofLegal Services Texas Commissionon Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 

## RE: Rule Project Number 2006-053-10

## 1 -PR DearMs.Brown: Thankyou for the opportunityto review and comment on theproposed revisions to the Texas AdministrativeCode (TAC) Title 30, Chapter 101and the associated revisionsto theTexas State ImplementationPlan (SIP). This proposed rulemaking corrects crossreferencesto sections in 30 TAC Chapter 117that have changed as aresult ofthe Chapter 117reorganization and includes changes to definitions

## andtheremoval of obsolete sections. The EnvironmentalProtectionAgency (EPA) appreciatesthetime and attentionyour staffhas devotedtoprocessing this proposedrulemaking. 

## In general,

## we are supportiveofthis proposedrulemakingbut would liketo provide the following comments for your consideration. 1. 

## The EPA appreciatesyour effortsto update the definitions andreferences in Chapter 101that 

## arechangingdue to thereorganization ofChapter 117. 

## 2. The Alternate EmissionReduction "Bubble" Policy at Chapter 101, section 101.23is notpart ofthe federally approved regulations in the Texas 

## SIP. Therefore,EPA willbe unableto approvetheproposed administrative changesto this section. We suggestthat TCEQclearly identifythis section and theproposedrevisions asnot part of

## the SIP. Additionally, it isEPA's expectation that 

## an alternative emission reduction

Internet Address 

### (URL) hHp://www.epa.gov RecycledlRecyclable Printed wnh Vegetable Oil Based Inkson RecycledPaper(Mlnlmum25%Postconsumer)

## policy that is approved for 

## an individual source in Texaswould be submitted as a case-specific revisionto the SIP. If the Texas Commissionon EnvironmentalQuality (TCEQ) intends to propose the Alternate Emission ReductionPolicy forinclusion in the Texas SIP, thisprogram would need to be developedandproposed in accordancewith EPA's guidanceon economicincentiveprograms, "ImprovingAir Quality with Economic IncentivePrograms" (January2001,EPA-452R-01-OOI), in addition to meeting all other applicablerequirements ofthe Clean Air Act. We also strongly encourage you to 

## consultthe Region 6 

## office for assistanceduring this rule developmentprocess. 4. 

## We note that the 

## Chapter 101,Subchapter

## H, Division 1Emission Credit Banking and TradingProgram appliesto nonattainment areas. The proposed revision to section 101.302(d)(l)(A)includes a citationto section 117.33 10, Emission SpecificationsforEight-HourAttainment DemonstrationforEast Tcxas Combustion Control. TheEPAbelieves that the inclusionof section 1 17.3310isincorrect sincethe EastTexas area is attainment for allpollutants. There appears to be an 

## inconsistencyregardingthe cementkilnsunder section 117.3123 and the proposed revisions to section 101.306(b)(3)and 

## Figure 30TAC 

# 5 101.306@)(3). Section 101.306@)(3) provides that emissionreduction credits can be used for compliancewith the requirements at section 117.3123,but section 117.3123isnot included in the equationunder Figure 30 TAC 

# 5 101.306@)(3) "CaIculation of Emission ReductionsNeeded for SystemCap or SourceCap". Additionally,this same inconsistency appears 

## in theproposedrevisionsto sections 101.372(d)(l)(A), 101.376(d)(Z)(A),and Figure 30 TAC 

## $ 101 .?76(@(2)(Aj(i)

# GI" th DiscreteEmission Credit

## Bankin;: Tradhr 6 

## Program. Please review and update the 

## citationsaccordingly. 6. 

## Section 101.306@)(3)provides that the amount ofemission creditsneeded for increasing

## the 30-day rolling averageemission capor 

## maximum daily cap should be determined accordingto Figure 30 TAC $ 

## 101.306@)(3). 

## Wenote that the citationsto Chapter 117

## in Figure 30

## TAC 

# 5 101.306@)(3)donot referencethe

## maximum daily caprequirements. Please review and update the citations accordingly. 7. Figure 30 TAC 

# 5 101.376(d)(2)(A)(ii)providesthe 

## calculationto determine the number of discrete emissioncreditsnecessaryto comply with the maximum 

## dailycap requirementsin Chapter 117. We note that sections 117.123(b)(l), 117.223(b)(l), 117.323@)(1),and 

## 117.423(b)(l) refer to rolling 30-day average emissioncaps instead ofmaximum daily

## caps. Please update the citationsto referencethe appropriatemaximum dailycaps. Thank 

## you again for the opportunityto provide comments. Pleasenotethat these commentsdo not constitute final determinationsconcerning approvability oftherevisions to the Texas SIP. We aseproviding these commentsto assist TCEQ inthe 

## development of regulatory language. We look forwardto working

## with TCEQ as you move forward

## in responding to these comments and finalizingtherevisions to the Texas SIP. 

## If you have any questions,please call 

## Ms. AdinaWiley of

## my staffat (214) 

## 665-2115. Sincerely yours,

Jeff Robinson Chief 

## Air Permits Section

### First Name: michele Last Name: bonilla Company/Organization: elternal springs wellness E-mail Address: mbonilla3@gmail.com Street Address: 1712 fairview City: houston State: tx Zip Code: 77006 Phone Number: Fax Number: Rule: 2006-053-101-PR
Comments: 

### i wanted to reference this and 2006-136114EN and tellyou that i want to be sure that there are concrete way to achieve clean air in any proposal. i now suffer from asthma and bronchitis die to the air quality of Houston. As a long time business woman here, i want to continue to contribute to the economy of Houston and do my workshopa dn businees here; yet there are so many cleaner venues for my clientel that i am concerned about their well-being and the economic impact on Houston. i would like to see the smog cleaned up now and not by 2018. i have the priveledge of travel and would like to see us implement the claifornia standards. 

### I would like to see the VOC storage tank/degasing regulations and rules strengthened and implemented by janl, 2009. We are at a critical time and have been for the last 50 years, our children and their children deserve a clean planet. i deserve to breathe and not have to use inhalers. thank you for your consideration michele bonilla

## INDEX OF ORAL TESTIMONY Public Hearing March20, 2007, in Austin

No orals comments were receivedfor the proposed rulemaking.

# EVALUATION OF

TESTIMONY

# Texas Commission 

# on Environmental Quality INTEI1OFFICE MEMOItANDUM


## To: 

## Commissioners Date: July 

## 6, 2007 Thru: LaDonna Castafuela, Chief Clerk Glerln Shankle, Executive Director From: Dan Eden, Deputy Director 

# p Office of Permitting, Remediation, and Registration Docl{el 

## No. : 

## 2006-2026-RUL Sul).ject: Commission Approval for Rulemaking Adoption Chapler 101, General Air Quality Rules General Air Rules Citatioils Rule Project No. 2006-053-101-PR
Reasons for the rule paclcage: Under what authority are 

## we adopting these changes? Texas Water Code, 55.102, General Powers, $5.103, Rules, and $5.105, General Policy; and Texas Health and Safety Code, 5382.002,Policy and Purpose, $382.011, General Powers and Duties, 5382.012, State Air Control Plan, $382.014, Emission Inventory, $382.016, Monitoring Requirements; Examination of Records, $382.017,Rules, 5382.051, Permitting Authority of Comnission; Rules, and 42 United States Code (USC), $7410(a)(2)(A), that requires state implementation plans (SIPS) to i~lclude enforceable measures or techniques including economic incentives such as fees, marketable permits, and auctio~~ of enlission rights. Is this rulemalung required by federal rule or state statute? Cross-referencing revisions to Chapler 101 were driven by the reorganization of Chapter 117, which also includes new1 sections which are part of the federally required SIP. This rulemakin: is no1 required by slate statute.

a 

## Are there any legal deadlines 

## by which these rules must be adopted or. efl'ective? 

## No, but the changes to Chapter 

## 101 are intended to 

## be effective as soon as possible after the changes to Chapter 

## 1

## 17 beco~lle effective.

a 

## 13'hat issue(s) 

## or, problem(s) are we trying to solve? Chapter 101 coiltai~ls references to sectio~ls of Chapter 117 

## wh~ch are changillg due to the reorganization for Chapter 117, requiring that the citcd references in Chapter 101 also change. This rule package also includes re\/isions identified du~-ing the 1;1slrjuadre~lnia] rc\/iewof Chapter 101



## . JYh;)? is it 

## important that wc 

## do 

## this rule pacltage? Updating Chapter 101 will provide a more correcl and 

## less confusing set of general rules for the regulated collm~unity and tile 

## agency. Other imj>o~.ta~ll l)aclcgro~i~id or histo~~ical inl'onnatioil. None. 

## Scope ol' the ruleinalting: The a~lleild~llellts would update the cross-references to Chapter 117 and make ~ninor revisions and corrections (see staff ~~ecommendations)~

## Comn~issioners Page 2 

## July 

## 6, 2007 Re: Docket No. 2006-2026-RUL Changes required by federal rule: Cross-referencing revisions to Chapter 101 were driven by 

## the reorganization of' Chapter 117 which also includes new sections which are par1 of 

## the federally required 

## SIP. Changes requireti by 

## state statute: Nolie. Staff recon~nlei~dations that are 11ot expressly required by f'ederal rule or state statute: Specifyingthat the definitions in $101 .I 

## apply to all air quality rules. Changing definitions of cold solvent cleaning, conveyorized degreasing, and open-top vapor degreasing by 

## deleting the word "metal" so thai the definition also applies to cleaning non-metal parts. Deleting definitions for llazardous waste management facility and hazardous waste management unit as they are no longer used in the rules. Revising the definition of high-volume, low-pressure spray guns to specify that the operating pressure of this equipment is measured at the air cap. Adding rhe Chapter 117 definition for nitrogen oxides. Changing the definition for standard conditions by 

## deleting the last sentence, "Pollutant concentrationsfron~ an incinerator ~lill 

## be corrected to a 

## condition of50 percent excess air-if the incinerator.is operating at greater than 

## 50 percent excess air." Updating the second sentence of the definition of visible emissions to read as follo~~s: "Tlle radian[ energy from an open flame is not considered 

## a visible emission under this definition," adding the word "not. " 

## Repealing 5101

## 22,Effective Date. Inlpact on theregulated conlnlu~~ity: M'ho ~411 be affected? Owners and operalors of' facilities sub-jectlo 

## Chapter 101
Does it create a group of affected persons who were not affected previously? No. MJillthere be a fiscal impact? No. lnipact 

## on the public: M'lio will be al'f'ecled? 

# NIA

. Does it crcale a 

## group of' 

## al'l'eclerl persons vrlio

## were 1101 

## affected previo~lslj~? 

## No. MJillthere bc 

## a Siscal in~pact? No Inipacl on 

## agency ~>rogr-ams: The chnges to Chapter. 101 will serve to more correctly ref'erence the updaled Chapter 117 and u1)date the def~nitions 

# orti ti on of the rule.

## Commissioners Page 

## 3 July 

## 6,2007 Re: Dockel No. 2006-2026-RUL Stalreliolder meetings: Have any stalceliolder meetings been held? No. With whom? N/A. What were the general sentiments? NIA. Were any changes made in response to stalteholder concerns? N/A. Policy issues: What policy issues areaflecled? None. Are any policies that are 1101curre~~tlj~ based on rule beillg made into a rule? No. M11lat are the consequences if 

## this rulemalung is not approved to go forward? Chapter 101 would be inaccurateand difficult to cross-reference with Chapter 11 7. Are there alter~iatives?No. Potentially controversial matters: None. 

## Key poiiits in adoption rulema1;ing schedule: 

## TexasRcgistcr publication date: 02/23/07 Anticipated effective date: 08116/07 Six-moiitli adoption deadline: 08/23/07 Public con~nlent: No comments were made a1 the j~ublic hearing. The United States En~lironn~ental Protection Agellcy 

## (EPA) and one organization provided ~11.1 

## tLen comments. Tlle organization's con~ments did not perlain to tile I-ule 

## revision, bul some of 

## EPA's comments resul~ecl In 

## refel.ence changes ~tithin the r~ile. Signilicanl changes fro111proposal 

## EPA's concerns were generally dealing ~litll1.efel.cl1ces tllal ~1e1.e unrelated Lo the Chapter 117 1.eor.ganiza~io11. 

## ETA also commentecl aboul inconsistencies in some sections of SubchapLel 

## 1-1 be~ween Llle c~latiorl 

## references and tile con.espondingfigu1.e~. T11erule 

## 11asbeen ~.evised to correct these refc~.ences. There ~l;is 

## one com~nent from 

## EPA ~lhicl1 asked for clarifica~ion as Lo ~lhetller or no1 a sec~ion bras

## pal-[

## of Llle 

## SIP. The 1.esponse Lo his 

## comnlcnl clarifies [hat $101.23 is 1101 

## par1 of Lhe fede~~;illy apj~~.o\lecl ~~egulations in Lhe Texas 

## SIP. The Commission currently applies the conditions of this secljon eillles ~111.ough otller rules of [he con~mission 

## or ~11sougll individual permits. The Executive Direclo~ recommends that the proposed anlendn~eii~s lo 

# 5 101 .23not be adopled.

## Co~nmissioners Page 4 

## July 6,2007 Re: Docket No. 2006-2026-KUL
Agency 

## contacts: Becky Southard, Rule Project Manager, 239-1638, Air Permils Division Tim Eubank, StafrAttorney, 239-1976 Patricia Duron, 

## Texas Register Coordinalor, 239-6067



## cc: Chief Clerk, 

## 5 copies Executive Director's Office David C. Schanbacher,P.E. Jason Skaggs Ashley 

# K. M1adick Becky Walker Office of General Counsel Becky Southard Patricia Duron

cc (v,lithout attachments): Tim Eubank, StaffAttorney Debi Dyer, Program Office Liaison Tara Capobianco, Division Liaison Booker Harrison, 

## OLS Liaison Russ Kimble, 

# OLS

### Texas Commission on Environmental Quality Chapter 

### 101 

## - General Air Quality Rules Rule Project No. 

### 2006-053-1 0 1-PR Page 

### 1

The Texas Con~mission on Environmental Quality (TCEQ or comn~ission) adopts amendments to 

### $$101.1, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 

### 101,385and the repeal of 

### $101.22. Sections 

### 101.1, 101.302, 101.306, 101.354, and 

### 101.376 are adopted 

## wit/? cllnllges to the proposed text aspublished in the February 

### 23,2007 issue of the 

## Texas Register. Sections 

### 101.22, 101.350, 101.351, 101.353, 101.360, 101.372, 101.383,and 

### 101.385 are adopted 

## witlzotrt clzangesto the proposed text and will not be republished.

The commission doesnot adopt the proposed amendmentsto 

### $101.23 as published in the February 

### 23, 2007, issue of the 

## TexasRegister.

The amended 

### $$101.1, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383,and 

### 101.385 and the repeal of 

### 5101.22 will be submitted to the United States Environmental Protection Agency (EPA) asrevisions to the Texas State Implementation Plan (SIP).

BACKGROUND AND SUMMARY OFTHE FACTUAL BASIS FOR THEADOPTED RULES The commission has adopted revisions to 

### 30 Texas Adnlinistrative Code 

### (30 TAC) Chapter 

### 117,Control of Air Pollution from Nitrogen Compounds, aspart of the SIP for the Houston-Galveston-Brazoria (HGB) and Dallas-Fort Worth nonattainment areas. Under those revisions, Chapter 

### 1 

## 17was reorganized. Chapter 

### 101,General Air Quality Rules, contains references to sectioils of Chaptei- 

### 1 

## 17which have changed due to the real-ganization, 

### requiring that the cited references in Chapter 101 also change. This adopt1011 also includes rev~sions identified during the last quadrennial I-eview of Chapter 

### I01, including changes to the definitions of cold solvent cleaning, conveyorized degreasing,high-volun~e low-pressure
spray guns. open top vapor deg-easing,standard conditions, and visible emissions. Other changes include

### Texas Commission on Environmental Quality Chapter 

### 101 

## - General Air Quality Rules Rule Project No. 

### 2006-053- 10

## I -PR Page 

### 2

the deletion of the definitions ofhazardous waste management facility and hazardous waste management unit, the addition of a definition for nitrogen oxides, and the removal of an obsolete effective date section. 

## EPA comments dealing with some references unrelated to the Chapter 

### 117reorganization, resulted in

some changes.



### SECTION BYSECTION DISCUSSION ,fIOI.I. 

### D~lfinitio11.s. 'She comn~ission adopts the modification of the opening paragraph of this section to specify that the definitionsin 

# 4 101.1apply to all air quality rules. Thc commission adopts the changes to the definitions of cold solvent cleaning, conveyol.ized degreasing, and open-top vapor degreasing by deletingthe word "metal" so that the processes also apply to cleaning non-metal parts. The adopted amendment deletes the definitions of hazardous waste management facility and hazardous waste management unit because references tothese definitions are not found in any ofthe air rules. The adopted revision to the definition ofhigh-volume low-pressure spray guns specifies that the operating pressure of this equipment is measured at the air cap because this provides the most accurate measureme~~t. The con~n~ission adopts the addition of the definition ofnitrogen oxides from Chapter 

### 1 

## 17because this is a common term used throughout the commission's air quality rules. The adopted amendmentdeletes the last sentence of the definition of standard conditions that reads: "Pollutant concentrations from an incinerator will be corrected to a condition of

### 50% excess air if the incinerator is operating at 

### greater than 

### 50%) excess air." The amount of airpresent in combustion is variable and does not qualify asa standard condition. The co~nmission adopts the change in the second sentence of the definition ofvisible emissions to read: "The radiant energy from an open flame isnot considered a visible emission under this definition." Radiant
energy may manifest some visual effects but there is no air contaminant emitted.

### Texas Commission on Environmental Quality Chapter 10 1 - 

### General Air Quality Rules Rule Project No. 2006-053-101-PR Page 3

$101.22. Effective Date. Thecomn~ission adopts the repeal of this section because it is no longer required.

$101.302. GeneralProvisiojzs. The commission adopts thereferences to the newly renumbered Chapter 117 sections. The section has been revised sinceproposal dueto a comment submitted by the EPA to remove the reference to tj

### 117.3310,Emission Specifications for Eight-Hour Attainment Demonstration, from 

# 5 101.302(d)(l)(A) since the East Texas area is attainment for all pollutants.

$101.306. Ejnissiojl Credit Use. The commission adopts the references tothe newly renumbered Chapter 117 sections. The section has been revised sinceproposal toremove the reference to $117.3123from tj

### 101.306(b)(3) because the rule does not require it to be referenced in the equation under Figure 30 TAC $101.306(b)(3). Also, references to n~aximun~ daily cap and references to emission credits that are to be used for compliance with the requirements of30 TAC Chapters 114,Control of Air Pollution from Motor Vehicles, Chapter 

### 1 15,Control ofAir Pollution from Volatile Organic Con~pounds (VOCs),or Chapter 117or other
programs, were added to this section since proposal due to a comlnent s~~bmitted by the EPA.

$101.350. D<fi~~iiions. Thecornmlsslon adopts the replacement of the definitionof Houstoi~/Galveston (HGA) ozone nonatlainrnent area with HGB ozone nonattainn~ent area because the name of the nonattaininent area has chai~ged.

### Texas Commission on Environmental Quality Chapter 101 - 

### General Air 

### Quality Rules Rule Project No. 2006-053-101-PR Page 4



### $101.351. A~~~~lic~~hi/;t~~. Thc com~nission adopts the replacement of references to Chapter 1 

### 17 section numbers with the newly renumbered Chapter 1 

### 17 sections.

,+101.353 rlllocation of~lllo~vuncc.\. The commrss~on adopts the replacement of references to Chapter 1 

### 17 sectlon numbers with the newly renumbered Chapter 

### 11 7 sectlons This sectron has been changed slnce proposal to add references to
sect~ons dealing w~th luitral I)cmonstrat~on of Compliance. These changes were unrelated to the
comn~cnts subm~tted by 

### EPA.

j101.354. Allowance Ded~rctio~n The commissron adopts the replacement of references to Chapter 117 sectron numbers w~th the newly renumbered Chapter 117 sections.

$101 360 

### Level 

## ofActlvlty Ccrtzficcrtion The commission 

### adopts the replacement of references to Chapter 117 secllon numbers w~th the ncwly renumbered Chapter 1 

### 17 secttons

$101.3 72. 

### Geneva1PI-o~~isiot7.s. The commission adopts the replacement of references to Chapter 1 

### 17 section numbers with the newly renumbered Chapter 1 

### 17 sections.

### Texas Con~mission on Environmental Quality Chapter 101 - 

### General Air 

### Quality Rules Rule Project No. 2006-053-101 -PR Page 5



### $101.3 76. 

### Discrete Elllissio~l Cl*eliilUse. The commission adopts the replacement ofreferences to Chapter 1 17 section numbers with the newly renumbered Chapter 1 

### 17 sections. This section has been changed since proposal due to a comment submitted by the EPA to correctly reference maximum daily caps instead ofrolling 30-day average emission caps.



### $101.383. General

### Provisions. The comn~ission adopts the replacement ofreferences to Chapter 117 section numbers with the newly renumbered Chapter 117 sections.



### $101.385. Recordkeeping a17dReporting. The commission adopts the replacement ofreferences to Chapter 117section numbers with the newly renumbered Chapter 11 7 sections.

The con~mission also adopts minor administrative changes to address conformity to 

### TesasRegister requirements and other agency rules and guidelines.

FINAL REGULATORY IMPACT ANALYSIS DETERMINATlON The comn~ission reviewed the adopted rulemaking in light of the regulatory impact analysis requirements ofTexas Government Code, $2001.0225, and determined that this adoption is not subject to $2001.0225 because it does not meet the definition of a illajor environmental rule as defined in that statute. A "major environmental rule" means a rule, the specific intent of which is to protect the environment or 

### reduce risks to human health fro111 environmental exposure and that may adversely affect 

### in a material way the

### Texas Commission 011 

### Environmental Quality Chapter 101 

## - General Air Quality Rules Rule Project No. 2006-053-101

### -1'R Page 

### 6

economy, productivity, conipetit~on, Jobs,tlie environment, or the public health and safety of the state or 

## a sector of the state. Although the ultimate intent is to protect the environment, these adopted alnendments

are mainly the result of an administrative action only, to correct and update cross-references to Chapter 

### 1 17,which has been reorganized, modify certain definitions, and make other procedural changes to Chapter 101

.



### Chapter 1 17,Control ofAir Pollution from Nitrogen Con~pounds, has been reorganized. Chapter 101, General Air Quality Rules, contains extensive references to sections of Chapter 

### 1 17 that were renumbered because of the reorganization. The references contained in Chapter 101must change accordingly. This adoption also includes revlslons ident~fied during the last quadrennial review of Chapter 101 by the executive director and includes changes to the definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open- top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. Other adopted changes include deleting the definitions ofhazardous waste management facility and hazardous waste management unit, adding a definition for nitrogen oxides, and removing an obsolete effective date section. 'The adopted rules will not adversely affect in a material way the
economy, a sector ofthe economy, productivity, competition,jobs, the cnvironnient, or the public health and safety of tlie state or a sector of the state.

In addition, a regulatory impact analysis is not required because the rules do not meet any of the four applicability criteria for requiring a regulatory impact analysis of a major environmental rule as defined in the Texas Government Code. Section 2001.0225 applies only to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specificallyrequired by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3)

### Texas Con~mission on Environmental Quality Chapter 101

## - General Ail-Quality Rules Rule Project No. 2006-053-101-PR Page 

## 7

exceed a requirement of a 

### delegation agreement or contract between the state and an agency or representative ofthe federal government to implement a state and federal program; or 

### 4)adopt arule solely under the general powers ofthe agency instead ofunder a specific state law. Thisrulemaking does
not exceed a standard setby federal law, and the adopted requirements are consistent with applicable federal standards. In addition, this adoption doesnot exceed an expressrequirement of state law and is
not adopted solely underthe general powers of the agency, but is specifically authorized by the provisions cited in the STATUTORYAUTHORITY section of this preamble. Finally, this rulemaking does not exceed a requirement of a 

### delegation agreement orcontract to implement a state and federal program.

The commission solicited comnlents on the draft regulatory impact analysis deternlination and no
comments were received.

TAKINGS IMPACT ASSESSMENT The commission evaluated this rulemaking action and performed an analysis of whether the adopted rules

are subject to Texas Govenln~ent Code, Chapter 2007. The primary purpose of the rulemaking is to update references to sections of Chapter 

### 1 17,which hasbeen reorganized, to modify certain definitions, and to make otherprocedural changes to Chapter 10 1. These amendments do not affect private property in a manner that restricts or limits an owner's right to the property that would otherwise exist in the absence of the govel-nmental action. Prolnulgation and enforcement of these adopted rules is neither a stat~~loly nor a constitutional taking because they do not affect private real property. Therefore, these rules do not constitute a taking under Texas Govern~nent Code, Chapter 2007.

### 'Texas Cornmiss~ol~ on 

### Environmental Quality Chapter 101 

## - Genel-alAir Quality Rules Rule Project No. 2006-053-10

### 1-PR Page 

### 8

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking and found the adoption is arulemaking identified in the Coastal Coordination Act Implementation Rules, 3 1TAC $505.11(b)(2),relating to rules subject to the Coastal Managcmmt Program, and will, therefore, require that goals and policies of the Texas Coastal Management Program ((:MP) be considered during the ruleniaking process. The conimission reviewed this rulemaking for co~lsistency with the CMP goals and policies In accordance with the regulations of the Coastal C:oordination Council and determined that the amendments are consistent with CMPgoals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity,quality, quantity, functions, and values of coastal nat~lral resource areas (31 TAC: 

### $501.12(1)). 'The adopted rules update references and definitions. No new sources of air contami~iants will be authorized and the revisions will maintain the same level of emissions control as previous rules. The CMPpolicy applicable to this rulemaking action is the policy that the commission's rules comply with fcderal regulations In 40 Code of Federal Regulations, to protect and enhance air quality in the coastal areas (3

### 1 TAC $50l.l4(q)). 'This rulemaking action complies with 40 Code of Federal Regulations Part 5 1, Requirements for Preparation, Adoption, and Submittal of Implementation Plans. Therefore, in accordance with 31 

### ?'AC $505.22(e),the commission affirms that lh~s rulemaking action is consistent with CMP goals and policies.

The commission sol~cited comme~~ts on the consistency of this rulemaking, but iio coniments on the CMP

were received.

### Texas Commission on Environmental Quality Chapter 101 

## - General Air Quality Rules Rule Project No. 2006-053-1 0 1 -PR Page 9

PUBLIC COMMENT 

## A public hearing on the proposal was held in Austin onMarch 20,2007at the TCEQ. No comments were received at the public hearing. The commission received written comments from the EPA and Eternal Springs Wellness during the public comment period, which closed on March 26, 2007.

EPA suggested modifications to the adopted rules as stated in the RESPONSE TOCOMMENTS section of thispreamble, and commented that they appreciate efforts made to update definitions and references in Chapter 101that are changing due to the reorganization of Chapter 117.

RESPONSE TOCOMMENTS Eternal Springs Wellness comn~ented that they oppose delaying the plan until 2018 

### and would like to see cleaner air now. Eternal SpringsWellness commented that they would like to see the implementation of California standards and VOC storage tankldegassing regulations strengthened and implemented by January 1,2009.

The comn~ission appreciates the commenters' interest in air quality. The comments do uot relate to the proposed Chapter 101 

### revisions, and no changes to the rule have beer1 made in response to them.

EPA noted that since $101.23 1s no longer part of the federally approved regulations in the Texas SP, they would be unable to appr-ovethe proposed administrative changes to this section.

### Texas Comm~ssion on Environmental Quality 

### Chapter 101 

## - General Ail-Quality Rules Rule Project No. 2006-053-101

### -IJR Page 10



### The comn~ission agrees that $101.23 is not part of the federally approved regulations in the Texas 

### SIP. The can~rnissio~l applies the co~lditions of'this section either througll otller r~iles of the commission orthro~lgh individaal permits, aocl the proposecl amendments to 5101.23 have not been adopted.

EPA noted that, Lo be included In the Texas 

### SII', the Alternate Einlss~on Reduct~on Pol~cy would need to be developed in accordance with EPA's gu~dance on economlc incent~ve programs, as well as meet applicable Clean Air Act reclit~rements



### Thecornnlissio~~ is not currel~tly consiclcring wl~ctl~er to adopt any rules regarding an alternate emission rccluction policy.

EPA commented that $101.302(d)(I)(A) incorrectly references $1 17.3310, sinceemission reduction credits (ERCs)only apply to nonattainment areas.



### The rule has I~ccn revisecl to rcnlovc the rrfcrcncc to $117.3310.

EPA commented that there is an ~nconsistency in $101.306(b)(3)with Figure 30 TAC $101.306(b)(3)and $101.376(d)(2)with Figure 30 TAC

## 9 101.376(d)(2)(A). Sections 101.306(b)(3)and 101.376(d)(2)allow the use of credits for con~pllance with $1 17.3 123 but the section is not included in the figures Figure: 30 TAC 

## 9 10 1.306(b)(3)and Figure: 30 TAC 

# 9 101.376(d)(2)(A).

### Texas Commission on Environmental Quality Chapter 101 - 

### General Air Quality Rules Rule Project No. 2006-053-10

### 1-PR Page 11

The 1-11le has been revised to remove the reference to $117.3123 fro111$101.306(b)(3). Section 117.9800 allows ERCs and discrete emission reduction credits (DERCs) to be used for alternative compliance with $117.3123. However, the equation to determine compliancetothe source cap in $117.3123 is different from the equations in Figure 30 TAC §101.306(b)(3) and Figure 30 TAC $lOl.376(rl)(2)(A)(i). For compliance with $117.3123, the equations in $117.3123 arerequired to be used in place of Figure 30TAC $101.306(b)(3) orFigure 30 TAC $101.376(d)(2)(A)(i).

EPA con~n~ented that Figure 30 TAC $101.306(b)(3) does not reference the maximum daily cap requirements found in $101.306(b)(2).

The rule has been revised to include references to both the 30-day rolling average and the lnaxi~num daily cap average requirements for systemcaps and sourcecaps.

EPA cornmellted that Figure 30 

## TAC $ 101.376(d)(2)(A)(ii) incorrectly references 

# $51 17.123(b)(l), 117.223(b)(1), 117.323(b)(l),and 117.423(b)(I), which refer torolling 30-day average emission caps instead of maximum daily caps.

The rule has been revised to cl~ange thecitations to $$117.123(b)(2), 117.223(b)(2), 117.323(b)(2) and 11 7.423(b)(2).

# STAFF RECOMMENDATIONS

## CHAPTER 101:

## GENERAL AIR QUALITY RULES SUBCHAPTER A: GENERALRULES $101.1 $101

## .I.Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed tothem in the field of air pollution control. 

### In addition to the terms that are defined by the TCAA, the following terms, when used in the air quality rules in this title, have the following meanings, unless the context clearly indicates otherwise.



### (1)Account--For those sourcesrequired to bepermitted under Chapter 

### 122of this title (relating to Federal OperatingPermits Program), all sourcesthat are aggregated as a site. For all other
sources, any combination of sources under common ownership or control and located on one or more contiguous properties, orproperties contiguous except for intervening roads, railroads, rights-of-way, wate~ways, or similar divisions.



### (2)Acid gas flare--A flare used exclusively for the incineration ofhydrogen sulfide and other acidic gases derived from natural gas sweetening processes.



### (3) Agency establislletl facility icle~~tificatioil number--For the purposes of Subchapter 

### F of this chapter (relatingto Elnissions Events and Scheduled Maintenance, Startup, and Shutdown Activities), a unique alphanumeric code required to be assigledby the ownel-or operator of a regulated entity that the emission inventory reporting requirements of 

## S, 101.10of this ~itle (relating to Emissions Invento~y Requirements) are applicable to each facility at that regulated entity.

### (4) Ambient air--That portion of the atmosphere, external to buildings, to which the general public has access.



## (5) Background--Background concentration, the level of air contaminantsthat cannot be reduced by controlling emissions from man-made sources. It is determined by measuring levels in nonurban arcas.



## (6) Boiler--Any combustion equipment fired with solid, liquid, and/or gaseous fuel used
lo 

### produce steam or to 

### heat water.



## (7) Capturesystem--All equipment (including, but not limited to, hoods, ducts, fans. booths, ovens, dryers, etc.)that contains, collects, and transports an airpollutant to a control device.



### (8) Captured facility--A manufacturing or production facility that generates an industrial solid waste or l~azardous waste that is routinely stored,processed, 

### or disposed of on a shared basis it1

### an 

### integrated waste inanagement unit owned,operated by, and located within a contiguousmanufacturing complex.



### (9) Carbon adsorber--An add-on control device that uses activated carbon to adsorb volatile organic con~pounds from a gas stream.

(10) 

### Carbon adsorption system--A carbon adsorber with an inlet and outlet for exhaust
gases and a system to regenerate the saturated adsorbent.

### (11)Coating--A material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but arenot limited to, paints, varnishes, sealants, adhesives, thinners, diluents, inks, maskants, and temporary protective coatings.



### (12) Cold solvent cleaning--A batch process that uses liquid solvent to remove soils fromthe surfaces ofparts or to dry the parts by spraying, brushing, flushing, and/or immersion while maintaining the solventbelow its boiling point. Wipe cleaning (hand cleaning) isnot included in this definition.

(13) Combustion unit--Any boiler plant, furnace,incinerator, flare, engine, or other device or system used to oxidize solid, liquid, or gaseous fuels, but excluding motors and engines used in propellingland, water, and air vehicles.

(14) Combustion turbine--Any gas turbine system that is gas and/or liquid fuel fired with or without power augmentation.This unit is either attached to a foundation or is portable equipment operated at a specific minor or major source for more than 

### 90 days in any 12-month period. Twoor more gas turbines powering one shaft will be treated as one unit.

(1

## 5) Commercial hazardous waste management facility--Any hazardous waste management facility that accepts hazardous waste or polychlorinated biphenyl coillpounds for a charge, except a captured facility that disposes only waste generated on-site or a facility that accepts waste only from other facilities owned or effectively conh-olledby the same person.

(I

## 6) Co~nmercial incinerator--An incinerator used to dispose of waste material 

### from retail and wholesale trade eslablishments.

## (17) Commercial medical waste incinerator--A facility that accepts for incineration medical waste generated outside the property boundaries ofthe facility.



## (18) Component--A piece of equipment, including,but not limited to, pumps, valves,
compressors, and pressure relief valves that has the potential to leak volatile organic compounds.



### (19)Condensate--L~qu~ds that result lio~n the coollng andlor pressure changes of produced natural gas. Once these l~qulds arc processed at gas plants or rerlnencs or In any other manner, they are no longer 

## considered condensates.



### (20) Construction-demolition waste--Waste resulting from construction ordemolition projects.



### (21) Control system or control device--Any part, chemical, machine, equipment, contrivance. or con~bination of same,used to destroy, eliminate,reduce, or control the emission of air
contaminants 

### lo the atmosphere.

(22) Conveyorized degreasing--A solvent cleaning process that uses an automated parts handling system, typically a conveyor, to autoniatically provide a continuous supply of parts to be cleaned

or dried using either cold solvent or vaporized solvent. A conveyorized degreasing process is fully enclosed except for the conveyor inlet and exit portals.

(23) Criteria pollutant or standard--Any pollutant for which there is a national ambient air quality standard established under 

### 40 Code of Federal Regulations Part 

### 50.

### (24) Custody transfer--The transfer ofproduced crude oil andlor condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

(25)

## Denrininris impact--A change in ground level concentration of an air contaminant

as a result of the operation of anynew major stationary source or of the operation of any existing source that has undergone a major modification that does not exceed the following specified amounts.

Figure: 30 TAC §101.1(25)

(26) Domesticwastes--The garbage and rubbish nomiallyresulting from the functions of life within aresidence.

(27) Emissions banking--A system for recording elnissionsreduction credits sothey
may be used or transferred for future use.

(28) Emissions event--Any upset event or unscheduled ma~ntenance, startup, or shutdo~\a activity, fi-om

### a common cause that results in unaulhorized en~issions of air contaminants fkom

one or more emissionspoints at a regulated entlty. %HOUR

0.5 mg/m3 24-HOUR 5 pg/m3 

## 5 pg/m3 AIR 

### CONTAMINANT Inhalable Particulate Matter (PMlo) SulfurDioxide Nitrogen Dioxide Carbon Monoxide ANNUAL 

## I .O 

### pg/m3 1.0pg/m3 

### 1.O pg/m3 3-HOUR

25 pg/m3 1-HOUR

2 

### mg/m3

## (29) Emissions reduction credit--Any stationary source emissionsreduction that has been banked in accordance with Chapter 101, Subchapter 

## H, Division 

### 1 of this title (relating to Emission Credit Banking and Trading).

(30) Emissions reduction credit certificate--The certificate issued by the executive director that indicates the amount of qualified reduction available for use as offsets and the length oftime thc rccluct~on is eligible for use.

(3 1) 

### Emissions unit--Any part of a 

### statlonary source that emits, or would have the potentla1 to cmlt, any pollutant subject to regulation under the Federal Clean AI~ Act.

(32) Excess opacity event--When an opacity reading is equal to or exceeds 15additional percentage 

### points above an applicable opacity limit, averaged over a six-minute period.

(33) Exempt solvent--Those carbon con~pounds or mixtures of carbon compounds uscd

:IS 

### solvents that have been excluded fi-omthe defnition of' volatile organlc compound.

(34)External floating roof--A cover or roof in an open top tank that rests upon or is floated upon the liquid being contained and is equipped with a single or double seal to close the space between the roof edge and tank shell. A double seal consists of two con~plete and separate closure seals,

onc above the otlicr, containing an enclosed space between them.

(35) Federal motor vehicle regulation--Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines, 40 Code ofFederal Regulations Part 85.

### (36) Federally enforceable--All limitations and conditionsthat are enforceableby the United StatesEnvironmental Protection Agency administrator, including those requirements developed under 40 Code ofFederal Regulations (CFR) Parts 60 and 61; requirements within any applicable state implementation plan (SIP); and any permit requirements established under 40 CFR $52.2

## 1 or under regulations approved under 40 CFR Part 51,

### Subpart 1, including operating permits issued under the approved program that is incorporated into the SIP and that expressly requires adherenceto any permit issued under such program.

(37) Flare--An open combustion unit (i.e.,lacking an enclosed combustion chamber) whose combustion air isprovided by uncontrolled ambient air around the flame, and that is used-asa control device.A flare may be equipped with a radiant heat shield (with or without a refractory lining), but isnot equipped with a 

### flame air control damping system to control the airlfuel mixture. 

## In addition, a flaremay alsouse auxiliary fuel. The combustion flame may be elevated or at ground level. A vapor combustor, as defined in this section, isnot considered a flare.

(38) Fuel oil--Any oil meeting the American Society forTesting and Materials (ASTM) specifications for fuel oil in ASTM D396-01, Standard Specifications for Fuel Oils, revised 2001. This includes fuel oil grades 1, 

### 1 (Low Sulf~~r), 2,2(LOW Sulfur),4 (Light), 4, 5 (Light), 5 (Heavy), and 6.

(39) Fugitive emission--Any gaseous or particulate contaminant entering the atmosphere that could not reasonably pass through a stack, cllinx~ey, vent, or other f~~nctionally equivalent opening designed to direct or control its flow.

### (40) Garbage--Solid waste consisting ofputrescible animal and vegetable waste ~naterials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, and handling and sale ofproduce and other food products.

(41) Gasoline--Any petroleum distillate having a Reid vapor pressure of four pounds per square inch 

## (27.6kilopascals) or greater that is produced for use as a motor fuel, and is commonly called gasoline.

(43)Hazardouswastes--Any sol~d waste ~dent~fied or I~sted as a hazardous waste 

### by thc adm~n~strator fthe Un~ted States Env~ronmental Protect~on Agency under the federal Sol~d Waste D~sposal Act, as amended by Resource Conservation and Recovery Act, 

### 42 United States Code, 656901

et sey ,

### as amended.

(43)Heatset (used in offset lithographicprinting)--Any operation where heat is required 

### to evaporate ink oil from the printing ink. Hot air dryers are used to dellver the heat.

(44) High-bakc coatings--Coat~ngs des~gned to cure at temperatures above 194 degrees Fahrcnhe~l.

(45)High-volume low-prcssurc spray guns--Equipment used to apply coatingsby

means of a spray gun that operates between 0.1 and 10.0 pounds per square ~nch gauge alrpressure measured at the air cap.

(46)Incinerator--An enclosed con~bustion apparatus and attachments that is used in the
process of burning wastes for tlie primary purpose ofreducing its volume and weight by removing thc

### combustibles of the waste and is equipped with a flue for conducting products of combustion to the atmosphere. Any combustion device that burns 10%or more of solid waste on a total British thermal unit (Btu) heat input basis averaged over any one-hourperiod is considered tobe an incinerator. A combustion device without instrumentation or methodology to determine hourly flow rates of solid waste and burning 1.0%or more of solid waste on a total Btu heat input basis averaged annually is also considered tobe an incinerator. An open-trench type (with closed ends) combustion unit may beconsidered an incinerator when approvedby the executive director.Devices burning untreated wood scraps,waste wood, or sludge from the treatment of wastewater from the process mills as a primary fuel for heat recovery are not included under this definition. Combustion devices permitted under this title as combustion devices other than incinerators will not be considered incinerators for application of any rule within this title provided they are installed and operated in compliance with the condition of all applicable permits. (47) Industrial boiler--A boiler located on the site of a facility engaged in a manufacturing process where substances are transformed into newproducts, including the component parts ofproducts, by mechanical or chemical processes.

(48) Industrial furnace--Cement kilns; lime kilns; aggregate kilns; phosphate kilns; coke
ovens;blast furnaces; smelting, melting, orrefining furnaces, including py-ometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, or foundry furnaces; titanium dioxide chloride process oxidation reactors; methane reforming furnaces; pulping recovery furnaces; con~bustion devices used ill therecoveiy of sulfur values from spent sulfuric acid; and other devices the con~mission
may list.



### (49) Ii~dustrial solid waste--Solid waste resulting from, or incidental to, any process of industry or ma~~ufacturing, or mining or agricultural operations, classified as follows.

### (A) 

### Class 

### 1 industrial solid waste or Class 

### 1 waste is any industrial solid waste designated as Class 

### 1 by the executive director as any industrial solid waste or mixture of industrial solid
wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressureby decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when in~properly processed, stored,transported, or otherwise managed, including hazardous industrial waste, as defined in $335.1 and $335.505 of this title (relating to Definitions and Class 1Waste Determination).

(R) Class 

### 2 industrial solid waste is any individual solid waste or combination of industrial solid wastes that cannot be described as Class 1 

### or Class 3, as defined in 

### $335.506ofthis title (relating to Class 

### 2 Waste Determination).

(C)Class 3 industrial solid waste is any inert and essentially insoluble industrial solid waste, including materials such asrock, brick, glass, dirt, and certain plastics and rubber, etc., that

are not read~ly decomposable as defined in $335.507 of this title (relaling to Class 3 Waste Determination).

(50) Internal floating cover--A cover or floating roof in a 

### fixed roof tank that rests upon

or is floated upon the liquid being contained, and is equipped with a closure seal or seals to close the
space between the cover edge and tank shell.

(5 1)Leak--A volatile organic compound concentration greater than 10,000 parts per nlillion by volume or-the amount specified by applicable rule, whichever is lower; or the dripping or exuding of process fluid based on sight, smell, or sound.

### (52) Liquid fuel--A liquid combustible mixture, not derived from hazardous waste, with

a heating value of at least 5,000 British thermal units per pound.

(53)Liquid-mounted seal--A primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference ofthe tank.

(54)Maintenance area--A geographic region of the statepreviously designated nonattainment under theFederal Clean Air Act Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under 42United States Code, 37505a. The following are tlie maintenance areas within tlie state:

(A) Victoria Ozone Maintenance Area 60 (FederalRegister (FR) 12453) - 

### Victoria County; and



## (B) Collin County Lead Maintenance Area (64 FR 55421) 

## - Portion of Collin County. Eastside: Starting at the intersection of South Fifth Street and the fence line approximately 1,000 feet south of the Exideproperty line going north to the intersection of SouthFifth Street and Eubanks Street; Northside: Proceedingwest on Eubanks to the Burlington Railroad tracks; Westside: Along the Burlington Railroad tracks to the fence line approxin~ately 1,000feet south ofthe Exide property line; Southside:Fence line approximately 1,000 feet south of the Exideproperty line.

(55) Maintenance plan--A revision to the applicable state iinplementation plan, meeting the requirements of42 United States Code, 57505a.

### (56) Marine vessel--Any watercraft used, or capable ofbeing used, as a means of transportation on water, and that is constructed or adapted to carry, or that carries, oil, gasoline, or other volatile organlc liquid in bulk as a cargo or cargo residue.

(57)Mechanical shoeseal--A metal sheet that is held vertically against the storagetank wall by spr~ngs or weighted levers and is connected by braces to the floating roof. A flexible coated fabr~c (envelope)spansthe annular space between the metal sheet and the floating roof.



### (58) Medical waste--Waste materials ldentlfied by the Department of State Health Scrv~ccs as -'special waste from 

### health care-related facilities" and those waste materials commingled and discarded w~th spec~al waste from health care-related facii~ties.

(59) Metropolitan Planning Organization--That organization desigmated as being responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning process under 23 United States Code (USC), rj 

### 134 and 49 USC, 

# 5 1607.

(60) Mobile emissions reduction credit--The credit obtained from an enforceable, permanent, quantifiable, and surplus (to other federal and state rules) eniissions reduction generated by a mobile source as set forth in Chapter 

### 114, Subchapter 

### F of this title (relating to Vehicle Retirement and Mobile Emission Reduction Credits), and that has been banked in accordance with Subchapter 

## H, Division 1 of this chapter.

(61) Motorvehicle--A self-propelled vehicle designed for transporting persons or property on a stl-eetor highway.

### (62)Motor vehicle fuel dispensing facility--Any site where gasoline is dispensed to
motor vehicle fuel tanks from stationary storage tanks.

(63) Municipal solid waste--Solid waste resulting from, or incidental to, municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste except industrial solid waste.

(64)Municipal solid waste facility--All contiguous land, structures, other appurtenances, and improvements on the land used for processing, storing, or disposing of solid waste. A facility may be publicly or privately owned and may consist of several processing, storage, or disposal operational units, e.g.,one or more landfills, surface impoundments, or combinations ofthem.

(65)Municipal solid waste landfill--A discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile, as thoseterms are defined under 40 Code ofFederal Regulations $257.2.A municipal solid waste landfill (MSWLF) unit alsomay receive other types ofResource Conservation and Recovery Act Subtitle

## D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt smallquantity generator waste, and indush-ialsolid waste. Such a landfill may be publicly or privately owned. An MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion.

(66)National an~bien 

## t airquality standard--Those standards established under 42 United States Code, $7409, including standards for carbon monoxide, lead, nitrogen dioxide, ozone, iilhalableparticulate matter, and sulf~~r dioxide.

### (67)Net ground-level concentration--Theconcentration of an air contaminant as measured at or beyond the property boundary minus the representative concentration flowing onto a property as measured at any point. Where there is no expected influence of the air contaminant flowing onto a property from other sources,the net ground level concentration may be determined by a
measurement at or beyond the property boundary.



### (68) New source--Any stationary source,the construction or modification of which was commenced after March 5, 1972.

(69)

### Nitrogen oxitles 

### (NOx)--'The sum of the nltrlc ox~de and nitrogen dioxide In the flue
gas or enilssion polnt, collectively cxpressed asnltrogen dioxide.

(70)Nonattainment area--A defined region within the state that is designated by the United States Environmental Protection Agency (EPA) as failing to meet the national ambient air quality standard for a pollutant for which a standard exlsts. The EPA will designate the area asnonattainment under the provisions of 42 United StatesCode, $7407(d).For the official list and boundaries of nonattalninent areas, see40 Code of Federal Kegulations Part 81 and pertinent Federal 

### Register 

### (FR) notices. The following areas comprise the nonattainment areas within the state for all national ambient allquality standards (NAAQS). EPA has indicated that it will revoke the one-hour ozone standard in full, including the associated designations and classifications, on June 15, 2005, which is one year following the effective date of the designations forthe eight-hour NAAQS ofJune 15,

### 2004.

(A) 

### Carbon monox~de (CO).El Paso COnonattalnment area (56 

### FK 56694)-- Class~fied as a 

### Moderate CO nonatta~niiient area with a design value lessthan or equal to 

### 12.7parts per m~ll~on. Port~on of El Paso County Port1011ofthe c~ty l~m~ts of

## El Paso: That portion of thc C~ty of El

### Paso bounded on the north by Highway 10 from Porfirio Diaz Street to Raynolds Street, Raynolds Street from Highway 10to the Southern Pacific Railroad lines, the Southern PacificRailroad lines from Raynolds Street to Highway 62,Highway 62 from the Southern Pacific Railroad linesto Highway 20, and Highway 20 from Highway 62 to Polo Inn Road. Bounded on the'east by Polo Inn Road from Highway 20 to the Texas-Mexicoborder. Bounded on the southby the Texas-Mexico border from Polo Inn Road to Porfirio Diaz Street. Bounded on the west by Porfirio Diaz Street from the Texas-Mexico border to Highway 10.

(B)Inhalable particulate matter (PMlo). 

## El Paso PMlo nonattainment area (56FR 56694)--Classified as a Moderate PMlo nonattainment area.Portion of 

## El Paso County that comprisesthe El Paso city limitboundaries asthey existed on November 15, 1990.

(C) Lead. No designated nonattainment areas.



## (D) Nitrogen dioxide.No designated nonattainment areas.

(E)Ozone (one-hour).

(i) 

### Houston-Galveston-Brazoria (HGB) one-hour ozone nonattainment

area (56 FR 56694) 

## - Classified as a Severe-17 ozone nonattainment area. Consists ofBrazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. (ii) El Paso one-hour ozone nonattainment area (56FR 56694) 

## - Classified as a Serious ozone nonattainrnent area. Consists ofEl Paso County.

### (iii) Beaumont-Port Arthur (BPA) one-hour ozone nonattainment area (69FR 16483)

## - Classified as a Serious ozone nonattainment area.Consists of Hardin, Jefferson, and Orange Counties.

(iv) Dallas-Fort Worth one-hour ozone nonattainment area (63 FR 8128)



## - Classified as a Serlous ozone nonattainment area. Consists of Collin,Dallas, Denton, and Tarrant Counties.

(F) Ozone (eight-hour).

(i) 

## I-ICiB eight-hour ozone nonattainment area (69 FR 23936) - 

### Classified

as a Moderate ozone nonattainrnent area. Consists of Brazoria, Chambers,Fort Bend, Galveston, Harris, L,iberty, Montgomery, and Waller Counties.

(li) BPA eight-hour ozone nonattalnment area (69 FR 23936) 

## - Classifiedas a Marginal ozone nonattainment area. Consists of IIardin, .Iefferson, and Orange Counties.

(iii) Dallas-Fort Worth eight-hour ozonenonattainment arca (69 

## FR 2.1936) 

## - Classified as a Moderate ozone nonattainment area. Consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufinan, Parker, Rockwall, and Tarrant Counties. (iv) San Antonio eight-hour ozone nonattainment area (69 

## FR 23936) - 

### Classified ~lllder the Federal Clean Air Act, Title 1, 

### Part D, Subpart 1 (42 

### United States Code, $7502), nonattainment deferred to September 30, 2005, or as extended by EPA.

(G) Sulfur dioxide.No designated nonattainment areas.

### (71)Non-reportable emissions event--Any emissions event that in any 24-hour period does not result in an unauthorized emission from any emissions point equal to or in excess ofthe reportable quantity as defined in this section.

(72) Opacity--The degree to which an emission of air contaminants obstructs the transmission of light expressed as the percentage of light obstructed as measured by an optical instrument

or trained observer.

(73) Open-top vapor degreasing--A batch solvent cleaning process that is open to the air and that uses boiling solvent to create solvent vapor used to clean or dryparts through condensation of the hot solvent vapors on the paits.

(74) Outdoor burning--Any fire or smoke-producing process that is not conducted in a combustion unit.

(75) Particulate matter--Any material, except uilcombined water, that exists as a solid

or liquid in the atmosphere or in a gas stream at standard conditions. (76) Particlilate matter emissions--All finely-divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by Uniled StatesEnvironmental Protection Agency Reference Method 5, as specified at 40 Code of Federal Regulations (CFR) Part 60, Appendix A, modified to iilclude particulate caught by an impinger train; by an equivalent or alternative method, as spec~fied at 40 CFR Part 

## 51; or by a 

### test method specified in an approved state implementalion plan.

### (77) Petroleum refinery--Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of crude oil, or through the redistillation, cracking, extraction, reforming, or other processing of unfinished petroleum derivatives.

(78) PM,,,--Particulate matler with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a reference method based on 

### 40 Code of'Federal Regulations (CFR) Part 50, Appendix 

### J, and designated in accordance with 40 CFR Part 53, or by an equivalent method designated with that Par1 53.



### (79) PMlo emissions--Finely-divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal tell micron~eters emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 Code of Federal Regulations Pan 51, or by a test method specified in an approved state implementation plan.

(80) I'olychlorinated biphenyl compound--Acompound subject to 40 (:ode of Fcdcral Regulations Part 761. 

### (81) Process orprocesses--Any action, operation, or treatment embracing chemical, commercial, industrial, or manufacturing factors such as conlbustion units, kilns, stills, dryers. roasters, and equipment used in connection therewith, and all other methods or forms of manufacturing or processing that may enlit smoke, particulate matter, gaseous matter, or visible emissions.

(82) 

### l'rocess weight pcr hour--"I'rocess weight" is the 

### total weight of all materials introduced or recirculated into any specific process that may cause any discharge of air conta~liinants into the atmosphere. Solid fuels charged into the process will be considered as part of the process weight, but

### liquid and gaseous fuels and combustion air will not. The "process weight per hour" will be derived by dividing the total process weight by the number ofhours in one complete operation from the beginning of
any given process to the completion thereof, excluding any time during that the equipment used to conduct the process is idle. For continuousoperation, the "process weight per hour" will be derived by dividing the total process weight for a 24-hour period by 24.

(83) Property--All land under common control or ownership coupled with all improvements on such land, and all fixed or movable objects on such land, or any vessel on the waters of this state.

(84)Reasonable furtherprogress--Annual incremental reductions in en~issions of the applicable air contaminant that are sufficient to provide for attainment of the applicablenational ambient air quality standard in the designated nonattainment areas by the date required in the state implementation plan.

(85) Regulated entity--All regulated units, facilities, equipment, structures, or sources at

one street address or location that are owned or operated by the same person. The tern1includes any property under conlmon ownership or control identified in a permit or used in conjunction with the I-egulatedactivity at the same street address or location. Owners or operators ofpipelines, gathering lines, and flowlines under conlinon ownership or control in a particular county nlay be treated as a single regulated entity for puiyoses of assessment and regulation of emissions events.

(86)Remote rcservoir cold solvent cleaaiag--Any cold solveilt cleaning operation in which liquid solvent is puinped to a sink-like work area that drains solveilt back into an ellclosed contaii~er while parts ai-ebeing cleaned, allowing no solvent to pool in the work ai-ea.

## (87) Reportable emissions event--Any emissions event that in any 24-hour period, results in an unauthorized emission from any emissions point equal to or in excess ofthe reportable quantity as defined in this section.



### (88) Reportable quantity (RQ)--Is as follows:

(A)for individual air contaminant compounds and specifically listed mlxtures by

name or C'hemtcal Abstracts Service ((:AS) number, either:



### (i) the lowest ofthe quantities:



## (I)listed In 40 Code of Federal Regulations 

### (CFR) Part 302, 'l'ablc 302.4, the coliunn "final 

### RQ"; (11) 

### listed in 40 CFR Part 355, Appendix A, the column "Reportable Quantity"; or

(111) listed as follows:

(-a-)acetaldehyde - 

### 1,000pounds, except in the
Houston-Galveslon-Hrazor~a 

### (HGB)and Beaumont-Port Arthur (BPA)ozone nonatlainment areas as defined in paragraph (70)(E)(i)and (iii)ofthis section, where the 

### RQ must be 100pounds;

(-b-)

### butanes (any isomer) - 

### 5,000pounds;

### (-c-) butenes (any isomer, except 1,3-butadiene) - 

### 5,000 pounds, except in the 

## HGB and 

## BPA ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) of this section, where the 

### RQ must be 100pounds;

(-d-) carbon monoxide - 

### 5,000 pounds;

(-e-) 1 -chloro-1

### ,1 -difluoroethane (HCFC-142b)

## - 5,000 pounds;

(-f-) ch1osodifluo1-omethane(HCFC-22) 

## - 5,000 pounds;



### (-g-) 1 -chloro-1-fluoroethane (HCFC-15la)

## - 5,000 pounds; (-h-) chlorofl~ioromethane (HCFC-3

### 1) 

## - 5,000pounds;

(-i-) chloropentafluoroethane (CFC-115) 

## - 5,000 pounds;

(-j-) 

### 2-chloro-l ,l,l,2-tetrafluoroethane (HCFC-124) - 

### 5,000 pounds;



## (-k-) 1

### -cl~loso- 1,1,2.2 tetrafluoroethane (HCFC-124a) - 

### 5,000pounds;



## (-I-) 

## 1,1.1,2,3,4,4,5,5,5-decafl~1oropenta11e (HFC 43- 10mee) - 

### 5,000pounds;

## (-m-) decanes (any isomer) - 

### 5,000 pounds;

(-n-)I,1

### -dichloro-1 -fluoroethane (I-ICFC- 141

### b) - 

### 5,000 pounds;

225ca) 

## - 5,000pounds;

225cb) 

## - 5,000pounds;

(-q-) 

### 1,2-dichloro-1,I ,2,2-tetrafluoroethane(CFR-I 14)- 

### 5,000 pounds;

(-s-) 

### 1,l-dichlorotet~afluoroethane 

### (CFC-1 

### 14a)- 

### 5,000 pounds;

5,000pounds;

(-t-) I,1

### -difluoroethane (HFC-152a) - 

### 5,000pounds;

(-u-) 

### difluoromethane (HFC-32) - 

### 5,000pounds;

### (-v-) 

### ethanol 

## - 5,000 pounds;

(-w-) ethylene 

## - 5,000pounds, except in the HGB and BPA ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) of this section, where the 

## RQ
must be 100pounds;



## (-x-) ethylfluoride (HFC-161)

## - 5,000pounds;

(-y -) 

### 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea);

pounds;

5,000 pounds;

(-bb-) hexanes (any isomer) - 

### 5,000 pounds;

(-cc-) isopropyl alcohol - 

### 5,000 pounds;

(-dd-) mineral spirits 

## - 5,000 pounds;

(-ee-) octanes (any isomer) - 

### 5,000 po~lnds;

### (-ff-) oxides ofnitrogen 

## - 200 pounds in ozone nonattainment, ozone maintenance, early action compact areas, Nueces County, and San Patricio County, and 5,000 pounds 

### m all other areas of the state, which should be used instead of the RQs for nitrogen oxide and nitrogen dioxide provided in 40 

## CFR Part 302, Table 302.4,the column "final RQ";

(-gg-) pentachloroiluoroethane (CFR-I I 1) - 

### 5,000 pounds;

5,000pounds;
(-I(-) 

### pentafluc)roethm

## (MFC-125)

## - 5,000 

### pounds;

(-]I-) 1,1,2,2,3-pentafluoropropane 

### (HFC-245ca) - 

### 5,000 pounds;

5,000 pounds;

pounds;

5,000pounds;

(-nn-) pentanes (any isomer) - 

### 5,000 pounds;

### (-00-) propane - 

### 5,000 pounds;

(-pp-) propylene 

## - 5,000 pounds, except in the 

## HGB and 

## BPA ozone nonattainment areas asdefined in paragraph (70)(E)(i)and (iii) of this section, where the 

## RQ
mustbe 100pounds;

(-qq-) 

## I,],2,2-terachlorodifluoroethane (CFR -1 12) - 

### 5,000pounds;

5,000pounds;

pounds;

pounds;

5,000pounds;

(-vv-) l,l,

### 1-trichloro- 2,2,2-

### trilfloroethane (CFC- I 13a)



## - 5,000pounds;

### 5,000pounds;

(-xx-) 1,1,1 -trifluoroethane (MFC-143a) - 

### 5,000pounds;

(-yy-) tr~fluoromethane (HFC-23) - 

### 5,000pounds; or



## (-zz-) Loluene - 

### 1,000pounds, except In the 

## HGB and 

### BPA ozone nonatta~nment areas as defined In paragraph (70)(E)(1)and (111) of this section, where the 

### RQ
must be 100pounds;

(11) IS

not listed In clause (1) 

### of th~s ubparagraph, 100 pounds;

(B) 

### for mixtures of air contaniinant cotnpounds:

(I) where the relative amount of ~nd~vidual ir contaminant compounds 1s known through coninion process 

### knowledge or prlol-engineerlng analys~s or testing, any amount of an indiv~dual a1r contariiinat~t conipound that equals 01- 

### cxcccds tlie amount spcc~fied In subparagraph (A)of 

### this paragraph;

(ii) where the relative amount of 

### indiv~dual air containinant conlpounds in subparagraph (A)(i) ofthis paragraph is not known, any aniount of tlie mixture that equalsor exceeds the amount for any single air contaminant co~npound that is present in the mixture and listed in subparagraph (A)(i)of this paragraph;

### (iii)where each of the individual air contaminant compounds listed in subparagraph (A)(i)ofthis paragraph are known to be less than 0.02%by weight of the mixture, and each ofthe other individual air contaminant compounds covered by subparagraph (A)(ii)ofthis paragraph are known to be less than 2.0% by weight ofthe mixture, any total amount of the mixture of air contaminant compounds greater than or equal to 5,000pounds; or

(iv)where natural gas excluding carbon dioxide, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygen or air emissions from crude oil are known tobe in an amount greater than or equal to 5,000 pounds or the associated hydrogen sulfide and mercaptans in a total amount greater than 100pounds, whichever occurs first;

(C) 

### for opacity from boilers and combustion turbines as defined in this section fueled by natural gas, coal, lignite, wood, fuel oil containing hazardous air pollutants at a concentration of lessthan 0.02%by weight, opacity that is equal to 01. 

### exceeds 15 additional percentage points above the applicable ,limit,averaged over a six-minute period. Opacity is the only 

## RQ applicableto boilers and combustion turbines described in this paragraph; or



## (D) for facilitieswhere air contaminant co~npounds are measured directly by a continuous emission monitoring system providing updated readings at a minimum 15-minute interval an amount, approved by the execulive director based on any relevant conditions and a screening model, that would be reported priorto ground level concentrations reaching at any distancebeyond the closest regulated entity property line:

(i) 

### less than one-half of ally applicable ambient an.standards; and

### (ii) less than two times the concentration of applicable air emission limitations.



## (89)Rubbish--Nonputrescible solid waste, consisting ofboth combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plaslics, yard trimmings, leaves, and similar materials. Noncombustible rubbish includes glass, crockcry. tin cans, aluminum cans, metal furniture, and like lnalerials that will not burn at ordinary incinerator temperatures (1,600degreesFahrenheit to 1,800 degrees Fahrenheit).

(90jSclrctl~~letl maintcna~rce, startup, 

### or shutdown activity--For activit~es with unauthorized emissions that are expected to exceed a reportable quantity (RQ),a scheduled maintenance, startup, or shutdown activity is an activity that the owner or operator ofthe regulated entity whether performing or otherwise affected by the activity, provides prior notice and a final report asrequired by 

# 5 101.2

## 1 1 of this title (relatingto Scheduled Maintenance, Startup, and Shutdown Reporting and Kecordkeeping Kequirements); the notice or filial report includes the information required in 

## 9 101.2

### I 

## I of this title; and thc actual ~~nauthorized cmissions from the activity donot excecd the emissions estimatcs submitted in the initial notification by niore than an RQ. For activities with i~nauthorized emissions that

are not expected to, and do not, exceed an RQ, a scheduled maintenance, startup, or shutdown activity is

one that is recorded as required by 

## 9 101.2

### 1 

## 1 of this title. Expected excess opacity events as described 

### in $101,20I(e)of this title (relating to Emissions Event Reporting and Recordkeeping Requirements) resulting from scheduled maintenance, startup, or shutdown activities arethose that provide prior notice (if required), and are recorded and reported as required by 

# 5 101.21 1 ofthis title.

## (91) Sludge--Any solid or semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant; water supply treatment plant, exclusive ofthe treated effluent from a wastewater treatment plant; or airpollution control equipment.

(92) Smoke--Small gas-bornparticles resulting from incomplete combustion consisting predominately of carbon and other combustible material and present in sufficientquantity to be visible.

(93) Solid waste--Garbage, rubbish, refuse, sludge froin a waste water treatment plant, water supply treatment plant, or air pollution control equipment, and other discarded material, including solid, liquid, semisolid, orcontainerized gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The
term does not include:

(A) 

### solid or dissolved material in domestic sewage, or solid or dissolved material in imgationreturn flows, or industrial discharges subjectto regulation by permit issued under the Texas Water Code, Chapter 

## 26;



## (B) soil, dirt,rock, sand, and other natural or man-made inert solid materials used
to fill land, ifthe object ofthe 

### fill is to make the land suitable for the construction of surface improvements; or

(C) waste materials that result from activities associated with the exploration, development, or production of oil or gas, or geothermal resources, and other substance or material regulated by the Railroad Commission ofTexas underNatural Resources Code, $91.101,unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids

### processing plants, pressure maintenance plants, or repressurizing plants and ishazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal SolidWaste Disposal Act, as amended by Resource Conservation and Recovery Act, as amended (42United States Code, @6901 et

## seq.).

(94) Sour crude--A crude oil that will emit a sour gas when in equilibrium at atmospheric pressure.

(95) Sour gas--Any natural gas containing more than 1.5 grains of hydrogen sulfide per 100cubic feet, or more than 30 grains oftotal sulfur per 100 cubic feet.

(96) Source--Apoint of origin of air contaminants, whether privately orpublicly owned

or operated. Upon request of a source owner, the executive director shall determine whether multiple processes emitting aircontaminants from a singlepoint of emission will betreated as a single source or as multiple sources.

(97) Special waste from health care-related facilities--A solid waste that ifimproperly treated or handled, may serve to transmit infectious disease(s) and that is comprised of the following: animal waste, bulk blood and blood products, microbiological waste,pathological waste, and sharps.

(98) Standard conditions--A condition at a temperature of 68 degrees Fahrenheit (20 degrees Centigrade) and a pressure of 14.7poundsper square inch absolute (101.3kiloPascals).

(99) Standard metropolitan statistical area--An area consisting of a county or one or

more contiguous counties that is officially so designated by the United States Bureau of the Budget.

### (100) Submerged fill pipe--A fillpipe that extends from the top of a tank to have a maximum clearanceof six inches (1 5.2 centimeters)from the bottom or, when applied to a tank that is loaded from the side, that has a discharge opening entirely submerged when the pipe used to withdraw liquid fiom the tank can no longer withdraw liquid in normal operation.

(101) Sulfur compounds--All inorganic or organic chemicalshaving an atom or atoms of sulfur in their chemical structure.

(102) Sulfuric acid mist/sulfuric acid--Emissions of sulfuric acid mist and sulfuric acid

are considered to be the same air contaminant calculated as 

## H2SO4 and must include sulfuric acid liquid mist, sulfurtrioxide, and sulfuric acid vapor as measured by Test Method 8 in 40 Code ofFederal RegulationsPart 60, Appendix A.

(1

### 03) Sweet crudeoil and gas--Those crude petroleum hydrocarbons that are not "sour"

as defined in this section.

(104) Total suspended particulate--Particulate matter asmeasured by the method described in 40 Code ofFederal Regulations Part 50, Appendix B.

(105) Transfer efficiency--The amount of coating solids deposited onto the surface or a 

### part ofproduct divided by the total amount of coating solids delivered to the coating application system.

### (106) Truevapor pressure--The absolute aggregate partial vapor pressure, measured in pounds per square inch absolute, of all volatile organic compounds at the temperature of storage, handling, orprocessing.



### (107) Unauthorized emissions--Emissions of any air contaminant except carbon dioxide, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygen that exceed any air emission limitation in a permit, rule, or order ofthe commission or as authorized by Texas Clean Air Act, $382.0518(g).

(108) Unplanned maintenance, startup, or shutdown activity--For activities with unauthorized emissions that are expected to exceed a reportable quantity or with excess opacity, an unplanned maintenance, startup, or shutdown activity is:

(A) a startup or shutdown that was not part of normal orroutine facility operations, is unpredictable asto timing, and is not the type of event normally authorized by permit; or



## (B) a maintenance activitythat arises from sudden and unforeseeable events beyond the control of the operatorthat requires the immediate corrective action tominimize or avoid an upset ormalfunction.

(109) Upset event--An unplanned and unavoidable breakdown or excursion of a process or operation that results in unauthorized emissions. A maintenance, startup, or shutdown activity that was reported under 

### §101.211ofthis title (relatingto Sched~lled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements), but had emissions that exceeded the reported amount by

### more than a reportable quantity due to an unplanned and unavoidable breakdown or excursion of a process or operation is an upset event.

(1 10)Utility boiler--A boiler used to produce electric power, steam, or heated or cooled air, orother gases or fluids for sale.

(1 11)Vapor combustor--A partially enclosed combustion device used to destroy volatile organic con~pounds by smokeless combustion without extracting energy in the form ofprocess heat or steam. The combustion flame may be partially visible, but at no time does the device operate with an uncontrolled flame. Auxiliary fuel and/or a flame air control damping system that can operate at all times
to control the aidfuel mixture to the combustor's flame zone, may be required to ensure smokeless combustion during operation.

(1 

### 12)Vapor-mounted seal--A primary seal mounted so there is an annular space underneath the seal. The annular vapor space is bounded by the bottom ofthe primary seal, the tank wall, the Iiquid surface, and the floatingroof or cover.

(1 13)Vent--Any duct, stack, chimney, flue, conduit, or other device used to conduct air contaminants into the atmosphere.

(1 14)Visible emissions--Particulate or gaseous matter that can be detected by the human eye. The radiant energy from an open flame is not considered a visible emission under this definition.

(1 15) Volatile organic compound--As defined in 40 Code of Federal Regulations $51.100(s), except $51.100(~)(2) - 

### (4), as amended on November 29,2004 (69 FR 69290).

# 1116)Volatile organic compound (VOC) water separator--Any tank, box, sump, or other container in which any 

## VOC, floating on or contained in water entering such tank, box, sump,or other container, is physically separated andremo~ed from such water prior to outfall, drainage, or recovery of such water.

## SUBCHAPTER H: EMISSIONS BANKING AND TRADING DIVISION 1:EMISSION CREDIT BANKING AND TRADING $101.302, $101.306

$101.302. General Provisions.

(a) Applicable pollutants. Reductions ofcriteria pollutants, excluding lead, or precursors of criteria pollutants for which an area is designated nonattainment, may qualify as emission credits. Reductions of onepollutant may not be used to meet the requirements for another pollutant, unless urban airshed modeling demonstrates that one ozone precursor may be substituted for another, subject to executive director and United States Environmental Protection Agency (EPA) approval.

(b) Eligible generator categories. The following categoles are eligible to generate emission credits:

(1) facilities, including area sources;



### (2) mobile sources; and



### (3) any facility, including area sources, or mobile source associated with actionsby federal agencies under $101.30 ofthis title (relating to Conformity of General Federal Actions to State Implementation Plans).

(c) Emission credit requirements.

### (1) Emission reduction credits are certified reductions that meet the following requirements:

(A) reductions must be enforceable, permanent, quantifiable, real, and surplus;

(B)the certified reduction must be surplus at the time it is created, aswell as when it is used;

(C) in order to become certified, the reduction must have occurred after the most recent year ofemissionsinventory used in the state implementation plan (SIP); and



## (D)the facility's annual emissions prior tothe reduction strategy must have been reported or represented in the emissions inventory used in the 

### SIP.

(2)Mobile emission reduction credits are certified reductions that meet the following requirements: (A) reductions must be enforceable, permanent, quantifiable, real, and surplus;



## (B) the certified reduction must be surplus at the time it is created, aswell as when it is used;

(C) in order to become certified,the reduction must have occurred after the most recent year of emissions inventory used in the SIP; 

## (D) the mobile source's annual emissionsprior to the emission credit application
must have been represented in the emissions inventory used in the 

## SIP; and

### (E) the mobile sources must havebeen included in the attainment demonstration baseline emissions inventory.

(3) Emission reductions fi-oma facility or mobile source that are certified as emission credits under this division cannot be recertified in whole or in part as credits under another division within this subchapter.

(d)Protocol.

(1) All generators or users of emission credits shall use a protocol that has been submitted by the executive director to the EPA for approval, if existing for the applicable facility ormobile source,
to measure and calculate baseline emissions.Ifthe generator or user wishes to deviate from a protocol submitted by the executive director, EPA approval is required before theprotocol can be used. Protocols
must be used asfollows.

(A) Facilities subject to the emission specifications under 

# $91 

### 17.110, 1 

### 17.21 0, 117.310, 117.410, 117.1010, 117.1110, 117.1210, 117.1310, 117.2010,or 117.2110 ofthistitle (relating to Emission Specifications for Attainment Demonstration; Emission Specifications for Eight-Hour Attainment Demonstration; and Emission Specifications) shall quantify reductions in nitrogen oxide emissionsusing the testing and monitoring methodologies identified to show compliance with the emission specification. 

## (B) Facilities subject to the requireinents under 

# $9115.1 12, 

### 1 15.121, 115.122, 115.162, 115.211, 115.212, 115.352, 115.421, 115.541,or 115.542ofthistitle (relating to Control Requirements; and Emission Specifications) shall quantifyvolatile organic compound reductions using

### the testing and monitoring methodologies identified to show compliancewith the emission specifications

or requirements.



## (C) If the executive director has not submitted aprotocol for the applicable facility or mobile source to the EPA for approval, the following requirements apply:

(i) the amount of emission credits from a facility or mobile source, in
tonsper year, will be determined and certified based on quantification methodologies at least as stringent

as the methods used to demonstrate compliance with any applicablerequirements for the facility or mobile source;

(ii) the generator shall collect relevant data sufficient to characterize the facility's or mobile source's einissions ofthe affected pollutant and the facility's or mobile source's activity level for all representative phases of operation in order to characterize the facility's or mobile source's baseline emissions;

(iii) facilities with continuous emissions monitoring systems or predictive emissions monitoring systems in place shall use this data in quantifying actual emissions;

(iv) the chosen quantification protocol must be made available for public
commentfor a period of 

### 30 days and must be viewable on the commission's Web site; (v) the chosen quantification protocol and any commentsreceived during the public comment period shall be submitted to theEPA for a 

### 45-day adequacy review; and

### (vi)quantification protocols shall not be accepted for use with this division if the executive director receives a letter objecting to the use ofthe protocol from the 

### EPA during the 45-day adequacy review or the 

### EPA adopts disapproval ofthe protocol in the 

## Federal Register.

(2) 

## In the event that the monitoring and testing data required under paragraph (1) of this subsection is missing or unavailable,the facility may report actual emissions for that period of time using these listed methods in the following order of preference to determine actual emissions:



### (A) continuous monitoring data;



## (B)periodic monitoring data;



## (C)testing data;



## (D) manufacturer's data;



## (E) EPA Coinpilation ofAir Pollution. Emission Factors (AP-42), September



## (F)material balance. 

## (3)When quantifying actual emissions in accordance with paragraph 

### (2) ofthis subsection, the generator shall use the most conservative method for replacing the missing data, submit the justification for not using the methods in paragraph (1) of this subsection, and submit thejustification for the method used.

### (e) Credit certification.

(1) The amount of emission credits in tons per year will be determined and certified, to the nearest tenth of a ton per year.



### (2) Applications for certification will be reviewed in order to determine the credibility of the reductions. Reductions determined to be creditablewill be certified by the executive director.

(3) The applicant will be notified in writing ifthe executive director denies the emission credit application. The applicant may submit a revised application in accordance with the requirements of this division.

(4) 

### If a facility's or mobile source's actual emissions exceed its allowable emission limit, reductions of emissionsexceeding the limit may not be certified as emission credits.

(5) Applications for certification of emission credit fromreductions quantified under subsection (d)(l)(C) of this section may onlybe approved upon completion of thepublic comment period.

(fj' 

### Geographic scope. Except asprovided 

### in 

# 9: 101.305ofthis title (relating to Emission Reductions Achieved Outside the United States), only emission reductions generated in nonattainment

areas call be certified. An emission credit must be used in the nonattainment area in which it is generated unless the user has obtained prior written approval of the executive director and the EPA; and

### (I)a demonstration has been made and approved by the executive director and the EPA
to show that the emission reductions achieved in another county or stateprovide an improvement tothe air quality in the county ofuse; or

(2)the emission credit was generated in a nonattainment area that has an equal or higher nonattainment classification than the nonattainment area ofuse, and a demonstration has been made and approved by the executive director and the 

### EPA to show that the emissions from the nonattainment area where the emission credit is generated contribute to a violation ofthe national ambient air quality standard in the nonattainment area ofuse.

(g) Recordkeeping. The generator shall maintain a copy of all notices andbackup information submitted to the registry for a minimum of five years. Theuser shall maintain a copy of all notices and backup information submitted to the credit registry from the beginning ofthe use period and for at least five years after.Theuser shall also make such records available upon request torepresentatives of the executive director, 

## EPA, and any local enforcement agency. Therecords must include, but not necessarily be limited to:

(1) the name, emission point number, and facility identification number ofeach facility or any other identifying number for each mobile source using emission credits;

(2) the amount of emission credits being used by each facility or mobile source; and

(3) the specific number, name, or other identification of emission credits used for each facility or mobile source.

### (h) Public information. All information submitted with notices, reports, and trades regarding the nature, quantity, and sales price of emissions associated with the use, generation, and transfer of an emission credit ispublic information and may not be submitted as confidential. Any claim of confidentiality for this type of information, or failure to submit all information, may result in the rejection of the emission credit application. All nonconfidential notices and informationregarding the generation, availability, use, and transfer of emission credits shall be immediately made available to the public.

(i)Authorization to emit. An 

### emission credit created under this division is a limited authorization to emit the pollutants identified in subsection (a) ofthis section,unless otherwisedefined, in accordance with the provisions of this section, 

### 42 United States Code, 

### §§7401 et 

## seq., and Texas Health and Safety Code, Chapter 

### 382, aswell asregulations promulgated thereunder. 

### An emission credit does not constitute

aproperty right. Nothing in this division may be construed to limit the authority ofthe commission or the 

## EPA to terminate or limit such authorization.



## Cj) Program participation. The executive director has the authority to prohibit an organization from participating in emission credit trading either as a generator or user, ifthe executive director determines that the organization has violated the requirements of the program, or abused the privileges provided by the program.



## (k) Compliance burden. Users may not transfer their con~pliance burden and legal responsibilities
to a third-party participant. Third-party participants may only act in an advisory capacity to the user.

(I) Credit ownership. The owner ofthe initial emission credit certificate shall be the owner or operator ofthe facility or mobile source creating the emission reduction. The executive director may approve a deviation fromthis subsection considering factors such as, but not limited to:

### (1) 

### whether an entity other than the owner or operator of the facility or mobile source incurred the cost of the emission reduction strategy; or

(2) whether the owner or operator of the facility or mobile source lacks the potential to generate 1110 ton of credit.

$101.306. Emission Credit Use.

(a) Uses for emission credlts.Unless precluded by a commission order or a condition or conditions within an authorization under the same commission account number, emission credits may be used asthe following: ( 

### 1) 

### offsets for a new source,as defined in 

# 5 101.1 of this title (related to Definitions), or major modification to an existing source;

(2) mitigation offsets for action by federal agenciesunder 

# 9 101.30 of this title (relatingto Conformity of General Federal Actions to State Implementation Plans);

(3) 

### an alternative means of compliance with volatile organic compo~~nd and nitrogen oxides reduction requirements to the extent allowed in Chapters 114, 115, and 117of this title (relating to Control of Air Pollution from Motor Vehicles; Control ofAir Pollution from Volatile Organic Compounds; and Control of Air Pollution from Nitrogen Compounds);

## (4) reductions certified as emission creditsmay be used in netting by the original applicant, ifnot used, sold, reserved for use, or otherwise relied upon, asprovided in 

# 51 

### 16.150of this title (relating to New Major Sourceor Major Modification in OzoneNonattainment Areas);



## (5) an annual allocation of allowances as provided 

## in 5101.356and 

### $101.399 of this title (relating to Allowance Banking and Trading);

(6) compliancewith motor vehicle fleet requirements to the extent allowed by $114.201 of this title (relating to Mobile Emission Reduction Credit Program); or

(7) compliancewith other requirements as allowable within the guidelines of local, state, and federal laws.

(b) Credit use calculation.

(I

j The number of emission credits needed by the user for offsets shall be determined as provided in $ 1 

### 16.1 50 ofthis title.

(2) For emissioncredits used in compliance with Chapters 114, 115, or 117 of this title, the number of emission credits needed shouldbe determined according to the following equation plus an additional 10%

### to be retired as an environmental contribution.

Figure: 30 TAC 

# 5 101.306(b)(2) Calculation of Emission Credits Needed

### Where: A = 

### maximum projected annual activity level during use period EF, = 

### projected emission rate per unit of activity during use period EF, = 

### emission rate per unit of activity required by Chapter 114, 115,or 117

### (3) For emission credits used to colnply with 

# $5117.123, 1 

### 17.223, 

### 1 17.320, 

### 117.323, 

### 117.423, 117.1020, 1 17.1120, or 117.1220 of this title (relating to Source Cap; and System Cap), the number of emission credits needed for increasing the 30-day rolling average emission cap or maximum daily cap should' be determined according to the following equation plus an additional 10%to be retired as an environmental contribution. Figure: 30 TAC $101.306(b)(3) Calculation of Emission Reductions Needed for System Cap or Source Cap

Where: 

## N =

### the total number of emission units in the source cap i = 

### each emission unit in the source cap 

## Hi = 

### actual daily heat input, in million British thermal units (MMBtu) per day, as calculated according to 

## $5117.123(b)(l) or (2), 117.223(b)(l) or (2), 117.320(~)(1) - 

### (3), 117.323(b)(l)or (2), 117.423(b)(l)or (2), 117.1020(c)(l)or (2), 117.1120(c)(l)or (2), or 117.1220(~)(1) or (2) of this title 

## Ri= the facility's emission factor, in pounds (Ib)/MMBtu, is defined as in 

## $5117.123(b)(1)or (2), 117.223(b)(I) or (2), 117.320(c)(l)- 

### (31, 117.323(b)(l) or (2), 

### 1 17.423(b)(l)or (2), 117.1020(c)(l) or (2), 117.1120(c)(l)or (2), or 117.1220(c)(l) or (2) ofthis title 

## HI, =

### the maximum daily heat input, in MMBtu pel-day, expected for an emission unit during the use period 

## R,, =

### the maximum emission factor, in IbIMMBtu, expected for an emission unit during the use period (4) Emission creditsused for con~pliance with any other applicable program should be detel-nlinedin accordance with the requirements of that program and must contain at

### least 10%extra to be retired as an environmental contribution, unless otherwise specified by that
program.

(c)Notice of intent to use emission credits.

(I)For emission credits which are to be used as offsets in a New Source Review permit in accordailce with Chapter 116ofthis title (relating to Control of Air Pollution by Permits for New Construction or Modification), the emission credits must be identified pnor to permit issuance. Prior to construction,the offsets must be provided through submittal of a con~pleted EC-3 Form, Notice of Intent to Use Emission Credits, along with the original emission credit certificate.



### (2)For emission credits that are to be used for compliancewith the requirements of Chapters 1 

### 14, 11 

### 5, or 117ofthis title or other programs, the user must submit a completed EC3 Form along with the original emission credit certificate, at least 90 days prior to the planned use of the emission credit. Emission credits may be used only afterthe executive director grants approval of the notice of intent to use. Theuser must also keep a copy of the emission credit certificate, the notice, and all backup in accordance with 

## I 0 1.302(g)of this title (relating to General Provisions).

(3) If the executive director denies the facility or mobile source'suse of emission credits, any affected person by the executive director's decision may file a motion for reconsideration within 60 days of the denial. Notwithstanding the applicability provisions of 550.31

### (c)(7) of this title (relating to Purpose and Applicability), the requirements of $50.39of this title (relating to Motion for Reconsideration) shall apply. Only an affected person may file a motion for reconsideration.

### SIJBCHAPTERH: EMISSIONS BANKING AND TRADING DIVISION 

## 3: MASSEMISSIONSCAPAND TRADE PROGRAM 

## $$101.350, 101.351, 101.353, 101.354, 101.360

$101.350. Definitions.

The following words and terms, when used in this division,shall have the following meanings, unless the context clearly indicates otherwise.

(1) 

### Adjustment period--A period of time, beginning on the first day of operation of a facility and ending no more than 

## 180consecutive days later, used to make corrections and adjustmentsto achieve normal technical operating characteristics ofthe facility.



### (2) Allowance--The authorization to emit one ton ofnitrogen oxides, expressed in tenths of a ton, during a control period.

(3) Authorized account representative--The responsible person who is authorized, in writing, to transfer and otherwise manage allowances.



### (4) Banked allowance--An allowance which is not used to reconcile emissions in the designated year ofallocation, but which is carried forward for up to one year and noted in the compliance or broker account as "banked."

(5)

### Broker--A person not required to participate in the requirements ofthis division who opens an account under this division for the purpose ofbanking and trading allowances.

## (6)Broker account--The account where allowances held by a broker are recorded. Allowances held in a broker account may not be used to satisfy compliance requirements for this division.



## (7) Compliance account--The account where allowancesheld by a facility or multiple facilities at 

## a single site are recorded for the purposes ofmeeting the requirements ofthis division.



## (8)Control period--The 12-month period beginning January 

### 1 and ending December 3

### 1 of each year. The initial control period begins January 1,2002.



## (9)Existing Facility--A new or modified facility that either has submitted an application for apermit under Chapter 

## 116ofthis title (relating to Control ofAir Pollution by Permits forNew Construction orModification) which the executive directorhas determined tobe administratively complete before January 2,2001, or has qualified for apermit by rule under Chapter 106 of this title (relating to Permits by Rule) and commenced construction before January 2,2001.

(10) 

### Houston-Galveston-Brazoria (HGB) ozone nonattainment area--As definedin $101.1 ofthis title (relating to Definitions).

(1 1)Level of activity--The amount of activity at a facility measured in terms of production, fuel use, raw materials input, or other similar units.

### (12) Person--For the purpose of issuance of allowances under this division, a person includes an individual, a partnership of two or more persons having a joint or cominon interest, a niutual or cooperative association, or a corporation.

(13) Site--As defined in 

# 5 122.10ofthis title (relatingto General Definitions).

(14)Uncontrolled design capacity--The maximum capacity of a facilityto emit

a pollutant without regard to any enforceable or physical operational limitations including air pollution control equipment.



### tj101.351. Applicability.

(a) This division applies to all facilities which emit nitrogen oxides (NOx)in the Houston- Galveston-Brazoria ozone lionattainment area, as defined in $101.1 oftliis title (relating to Definitions) which are subject to the elnission specifications under 

# $5117.3 10, 

### 1 17.121 0, or 117.2010 ofthis title (relating to Emission Specifications for Attainment Demonstration and Emission Specifications) and which are:

(1) located at a site which meets the definition of major source, asdefined in 

# 5 1 

### 17.10oftliis title (relating to Definitions); or

(2) located at a site where they collectively have an uncontrolled design capacity to emit ten tons or more per year ofNOx.

(b) A 

### site which met the definition ofmajor source as of December 3 1,2000shall always be classified as a major source for purposes ofthis chapter. A site which did not meet the

### definition $of major source (i.e., was a minor source, or did not yet exist) on December 

## 31,

### 2000, but which at any time after December 3

## 1,2000becomes a major source, shall from that time forward always be classified as a major source for purposes ofthis chapter.



## €j101.353. Allocation ofAllowances.

(a) Allowances will be deposited into compliance accounts according to the following equation except asprovided in subsection (b) or 

## (h) of this section.

Figure: 

## 30 TAC 

# 5 101.353(a)

Where: 

## (1)A= number of allowances rounded to tenths of tons; 

### (2) 

## B =

### the facility's baseline emissioiirate and is calculated as follows: (A)

### For facilities in operation prior to January 1, 

### 1997:

Where: LA9, =

### the facility's level of activity, as certified by the executive director for 1997; LAgR =

### the facility's level of activity, as certified by the executive director for 1998; LA9, =

### the facility's level of activity, as cel-tifiedby the

### executive director for 1999; EF97 =

### the facility's emission factor for 1997or the emission specifications under 

# $91 17.310, 

### 1 17.1210, and 117.2010 ofthis title (relating to Emission Specifications for Attainment Demonstration; and Emission Specifications) (ESAD) whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or state regulation, rule, orpermit limit), as certified by the executive director; EF9, =

### the facility's emission factor for 1998or the emission specifications under ESAD, whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or stateregulation, rule, or pennit limit), as certified by the executive director; EFq9 =

### the facility's emission factor for 1999or the emission specificationsunder ESAD, whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or stateregulation, rule, or permit limit), as certified by the executive director. 

## (B)For existing facilitiesnot in operationprior to January 1, 1997 and that have been in operation less than five complete consecutive calendar years beginning after the end ofthe adjustment period and have not established two years of baseline data:

Where: LAAllowable =

### The level of activity authorized by the executive director until such time two consecutive calendar years of actual level of activity data is available; EFAllowable =

### The emission factor or the emission specifications under ESAD, whichever is higher, authorized by the executive director until such time two consecutive calendar years of actual emission data is available. 

## (C) For existing facilities not in operation prior to January 

### 1, 1997, and that have established two consecutive calendar years ofbaseline data out ofthe first five years ofoperation following the end ofthe adjustment period:

### Where: LA =

### the facility's level of activity, as certified by the executive director, for the first of any two consecutive years within the first five years of operation; LA Year.* = 

### the facility's level of activity, as certified by the executive director, for the second of any two consecutive years within the first five years of operation; EFYear-, =

### the facility's emission factor or the emission specifications under ESAD, whichever is higher, in pounds per unit ofactivity, (not to exceed any applicable federal or state regulation, rule, or permit limit), as certified by the executive director, for the first of any two consecutive years within the first five years of operation; EF =

### the facility's emission factor or the emission specifications under ESAD, whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or state regulation, rule, or permit limit), as certified by the executive director, for the second of any two consecutive years within the first five years of operation. (3) 

## X =

### reduction factor, where: (A) For all boilers, auxiliary steam boilers, and stationary gas turbines (including duct burners used in turbine exhaust ducts) within an electric power generating system, as defined in 

# 5 1 

### 17.1 0(14)(A) of this title (relating to Definitions), located in the Houston-GalvestonBrazoria nonattainment area: (i) for January 1,2002through March 31,2003,

## X = 

### 0.00; (ii) for April 1,2003through March 31,2004,

## X = 

### 0.50; (iii) on or after April 1,2004,

## X = 

### 1.00; (B) For facilities subject to the emission specifications under § 1 

### 17.31 

### )(A) and (B), (2)(A), (51, (8)(A)(i), (8)(B), (9)(A)(ii)> (lo),or (1 1) of this title: 

## (i) for January 1,2002through March 31,2004,

### X = 

### 0.00; (ii) for April 1,2004 through March 31,2005,

## X =

### 0.47;

### (iii) for April 1,2005 through March 

## 3 1, 2006,

## X =

### 0.80; (iv) for April 

## 1,2006 through March 31, 

### 2007, 

## X = 

### 0.93; (v) on and after April 1,2007,X = 

### 1.00; 

## (C)For all other facilities: (i) for January 1,2002through March 3 1,2004, 

## X =

### 0.00; (ii) for April 1,2004through March 31, 2005, 

## X =

### 0.389; (iii) for April 1,2005 through March 31, 2006,

## X = 

### 0.667; (iv) for April 1,2006through March 3

### 1, 2007, 

## X =

### 0.778; (v) on and after April 1,2007, X = 

### 1.00; (D) Alternatively, facilities subject to the reduction factors under subparagraph 

## B of thisparagraph may elect tocomply with the following: (i) for January 1,2002through March 3 1, 2005, X=O.OO; (ii) on and after April 1,2005, X=1.00. (E) Election to comply with the alternative reduction schedule under subparagraph (D) ofthis paragraph shallbe made by letter to the executive director no later than April 1,2003. 

## (F) For calendar years which include two different reduction factors, the reduction factor shall be adjusted using the appropriate ratio to reflect the number ofmonths covered by each reduction factor. (4) LAHA =

### historical average level of activity, where: (A) For facilities in operation on orbeforeJanuary 1, 1997, the average level of activity, as certified by the executive director, for 1997, 1998, and 1999; or 

## (B)For existing facilities which began operation after January 1, 1997, LAtlA is: 

## (i) the level of activity authorized by the executive director until suchtime two consecutive calendar years of actual level of activity data is available, beginning after the end of the adjustment period; or (ii) when two complete consecutive calendar years of actual level of activity data is available, beginning after the end of the

### adjustment period, the level of activity becomes the average of the facility's actual level of activity over those two consecutive calendar years of actual level of activity data. 

## (5)EFfi,,,,= emission factor, as listed in $8117.310, 

## 1 17.1210,or 

## 1 17.2010 of this title. (6) For facilities using alternative emission specifications asallowed in $1 17.31O(a)(17)or $ 

### 117.2010(~)(6) of this title, the level of activity for any formula will be the lowest of the level of activity ascalculated in variables (2)(A),(2)(B), or the level of activity limited by an enforceable limit or commitmentnecessary to qualify for an alternative emission specification in $1 17.31O(a)(17)or $1 17.201O(c)(6)ofthistitle.

(b) For a new andlor modified facility that has submitted, under Chapter 

## 1 16of this title (relating to Control ofAir Pollution by Permit for New Construction ofModification), an application which the executive director has not determined tobe administratively complete before January 2,2001, or has qualified for a permit by rule under Chapter 106ofthis title (relating to Permits by Rule) and has not commenced construction before January 2,2001, allowances for each control period or the annual allocation rights shall be acquired from facilities already participating under this division, or in accordance with $ 101.356(g)of this title (relating to Allowance Banking and Trading).

(c) If actual en~issions ofnitrogen oxides during a control period exceed the amount of allowances held in a compliance account on March 1 following the control period, allowances for the next control period will be reduced by an amount equal to the emissions exceeding the allowances in the compliance account plus an additional 10%.

### This does not preclude additional enforcement action by the executive director.

(d) Allowances will be allocated by the executive director, whowill deposit allowances into

### each compliance account:

(1) initially, by January 1, 2002; and

(2) subsequently,by January 1of each following year.

(e) The annual deposit for any control period may be adjusted by the executive director to reflect new or existing state implementationplan requirements.

(f)

### Allowances may be added or deducted by the executive director from compliance
accounts following the review of reports required under 

# 5 101

### 359ofthis title (relating to Reporting).

(g) The owner or operator of a facility may, due to extenuating circumstances, request a baseline period morerepresentative of normal operation as determined by the executive director. Applications for extenuating circumstances must be submitted by the owner or operator ofthe facility tothe executive director:

(1) no later than June 30, 2001 to request an alternative three consecutive calendar year period for facilities in operation prior to January 1, 1997;

(2)no later than 90 days after completion of the baseline period torequest up to
two additional calendar years to establish a baseline period for facilities whosebaseline as described by variable (2)(C) listed in the figure contained in subsection (a)ofthis section is not complete by June 30,2001; or

### (3) at any time as authorized by the executive director

(h)

### Allowances calculatedunder subsection (a) ofthis section will continue to be based

on historical activity levels, despite subsequent reductions in activity levels. If allowances are being allocated based on allowables and the facility does not achieve two complete consecutive calendaryears of actual level of activity data,then allowanceswill not continue tobe allocated if the facility ceases operation or is not built.

5101.354. Allowance Deductions.

(a) Allowances will be deducted in tenths of a ton from a site's compliance account for a control period based upon the monitoring and testing protocols established in §§I 17.335, 117.340, 117.1235, 117.1240, and 

## I 17.2035of this title (relatingto Initial Demonstration of Compliance; Continuous Demonstration of Compliance; and Monitoring and Testing Requirements).

(b) 

## In the event that the monitoring and testing data required under subsection (a) of this section ismissing or unavailable, the facility may report actual emissions for that period of time using the following equation or other listed methods in the following order to determine actual emissions: continuous monitoring data; periodic monitoring data;testing data; manufacturer's data, and 

## EPA Co~npilrition qfAil- Poll~ltioli E~~zissio?~ Fuctors 

### (AP-42), September 2000.When reporting actual emissions asrequired under this subsection, the facility must also submit thejustification for not using

### the methods in subsection (a) of this section and thejustification for the method used.

Figure: 30 TAC 

# 5 10

### 1.354(b)(Nochange.)

### Where: A = 

### Allowances to be subtracted fromthe compliance account in tenths of tons LACp =

### the level of activity during the control period 

## EFcp =

### the emission factor for the control period in lb ofnitrogen oxides (NO,)
per unit of activity

(c) If the protocol used to show compliance with this section differs from the protocol used by the commission to establish the allocatioil of allowances under $1

### 01.353 ofthis title (relating to Allocation of Allowances), the executive director may recalculate the number of allowances allocated
per year for consistency between the methods.

(d) When deducting allowances from a site's compliance account for a control period, the executive director will deduct the allowances beginning with the most recently allocated allowances before deducting banked allowances.

(e) Allowances shall be deducted from a site's compliance account in 

### an anlount equal to the nitrogen oxides (NOs) en~issions increases fi-0111 

### facilities not subjectto an emission specification under 

# 51 

### 17.3 10or 

## $1 17.2010 ofthis title (relatingto Emission Specifications for Attainment Demonstration; and Eliiission Specifications) which result from changes made after

### December 3 I, 2000, to facilities subject to this division and 

# 51 

### 17.310(e)(3)or 

# 5 1 17.2010(Qof this title. Documentation detailing these increases in NOx emissions shall be included with the submittal ofthe ECT-1 Form, Annual Compliance Report.


# (0Allowances allocated in accordance with the variables in (a)(2)(B) listed in the figure contained in 5101.353(a) ofthis title may only be used by the facility for which they were allocated and
may not be used by other facilities at the same site during the same control period.

(g) On March 1 

### after every control period, a site shall hold a 

### quantity of allowances in its complianceaccount that is equal to or greater than the total NOx emissions emitted during the prior control period.

$101.360. Level ofActivity Certification.

(a)The owner or operator of any facility subject to this division shall certify, no later than June 30,2001, its historical level of activity by submitting to the executive director a completed ECT-3 Form, Level of Activity Certification, along with any supporting information such as usage records, testing or monitoring data, emission factors, and production records as follows:

(I) 

### for facilities in operation prior to January 

## 1, 1997,the level of activity averaged over 1997, 1998, and 1999; (2)

### for new and modified facilities not in operation prior to January 1, 1997 and either have submitted, under Chapter 11 6 

### of this title (relatingto Control of Air Pollution by Permits for New Construction or Modification), an application which the executive director has

### determinedtobe administratively complete before January 2, 2001, or have qualified for a permit by rule under Chapter 106 of this title (relating to Permits by Rule) and have commenced construction before January 2,2001,the level of activity authorized by the executivedirector; and

(3) 

### fornew and modified facilities not in operation prior to January 

## 1, 1997,that

are subjectto emission specifications under 

# $51 17.310, 

## 1 17.1210,or 

## 1 17.201 0 ofthis title (relatingto Emission Specifications for Attainment Demonstration; and Emission Specifications) that were first adopted after April 1,2001,

### and either have submitted under Chapter 1

### 16of this title an application which the executive director has determined to be administratively complete within 90 days ofthe effective date ofthis emission specification, or have qualified for apermit by rule under Chapter 106of this title and have commenced construction within 90 days ofthe effective date of the emission specification, the level of activity authorized by the executive director.

(b) The owner or operator of any facility subjectto this division who has certified a facility's allowable level of activity under subsection (a)(2) of this section shall:

(1) certify no later than 90 days from the end of the fifth year of operation the actual level of activity and actual emission factors for the two complete consecutive calendar years chosen as abaseline by submitting to the executive director a completed ECT-3Form, Level of Activity Certification, along with any supporting information such as usage records, testing or monitoring data, and production records; and

(2)receive no benefit of allowances allocated based on actual operation until January 1 

### of the control period following the certification in paragraph (1) of this subsection.

## (c) Owners or operators of a site or facility that becomes subject to this division on or after April 1, 2001 shall certify the level of activity, as determinedby the executive director, in accordance with subsections (a) and (b) of this section. Such certification shall be submitted no later than 90 days from the date the site or 

## facilitybecomes subject to this division or no later than 90 days from the effective date of this rule, whichever is later.

### SUBCHAPTER 

## H: EMISSIONS BANKING AND TRADING DIVISION 4: 

### DISCRETE EMISSION CREDIT BANKING AND TRADING 5101.372, 5101.376

5101.372. General Provisions.

(a) Applicable pollutants. Reductions of volatile organic compounds (VOC), nitrogen oxides (NO,), carbon monoxide (CO), sulfur dioxide (SO?)and particulate matter with an aerodynamic diameter of less than or equal to a nominal ten microns (I'Mlo)may qualify as discrete emission credits as appropriate. Reductions of other criteria pollutants are not creditable. Reductions of one pollutant may not be used to meet the reduction requirements for another pollutant, unless urban airshed modeling demonstrates that onemay be substituted for another subject to approval by the executive director and the United StatesEnvironmental Protection Agency (EPA).

(b) Eligible generator categories. Eligible categories include the following:



### (1) facilities (including area sources);



### (2) mobile sources; or



### (3) any facility, including area sources, 01- 

### mobile source associated with actions by 

### federal agencies under 

### $1 01.30 of this title (relatingto Conformity of General Federal Actions
to State Implementation Plans).

(c) Discrete emission credit requirements.

### (1) Tobe creditable asa discrete emission reduction credit (DERC), an emission reduction must meet the following:

(A)

### the reduction be real, quantifiable, and surplus at the time the discrete emission credit is generated;

(B) the reduction must have occurred afterthe most recent year of emissions inventory used in the state implementation plan (SIP) forall applicable pollutants; and

(C) the facility's annual emissions prior to the reduction strategy must have been reported or represented in the emissions inventory used for the SIP.



### (2) Tobe creditable asa mobile discrete emission reduction credit (MDERC), an emissionreduction must meet the following:

(A) 

### the reduction must be real, quantifiable, and surplus at the time it is, created; (B) the reduction must have occurred after the most recent year of emissions inventory used in the SIP for all applicable pollutants;



## (C)the mobile source's en~issions must have been represented in the emissions inventory used for the 

### SIP; and

## (D) the mobile sourcesmust have been included in the attainment demonstration baseline emissions inventory. If a mobile reduction implemented is not in the baseline for emissions, this reduction does not constitute a discrete emissionreduction.

(3) 

### Emission reductions from 

## a facility or mobile source which are certified as discrete emission credits under this division cannot be recertified in whole or in part asemission credits under another division within this subchapter.

(d)Protocol.

(1)All generators or users of discrete emission credits must use a protocol which

. . 

### has been submitted by the executive director to the EPA for approval, if 

### existing for the :t 

### applicable facility or mobile source,to measure and calculate baseline emissions.If the generator

oruser wishes to deviate from aprotocol submitted by the executive director, EPA approval is required before the protocol canbe used. Protocols shall be used as follows.



## (A) Facilities subjectto the emission specificationsunder $$117.110, 117.210, 117.310, 117.410, 117.1010, 117.1110, 117.1210, 117.1310, 117.2010, 117.2110,

### or 117.3310

### ofthis title (relating to Emission Specifications forAttainment Demonstration; Emission Specifications for Eight-Hour Attainment Demonstration; and Emission Specifications) shall quantify reductions in NO, using the testing and monitoring n~ethodologies identified to show compliance with the emission specification.



## (B)Facilities subject to the requirements under 

### $$115.112, 11 5.121, 115.122, 115.162, 115.211, 115.212, 115.352, 115.421. 115.541, 

### or 115.542 

### of this title (relating to Control Requirements; and Emission Specifications) shall quantify VOC reduct~ons using the

### testing and monitoring methodologies identified to show compliance with the emission specificationsor the requirements.



## (C) If the executive director has not submitted a protocol forthe applicable facility or mobile source to the 

## EPA for approval, the following applies:

(i) the amount of discrete emissioncredits from a facility or mobile source, in tons, will be determined and certified based on quantification methodologies at least as stringent as the methods used to demonstrate compliance with any applicable requirements for the facility or mobile source;

(ii) the generator must collectrelevant data sufficient to characterize the facility's or mobile source's emissions of the affected pollutant and the facility's

or mobile source's activity level for all representative phases of operation ill 

### orderto characterize the facility's or mobile source's baseline emissions;

(iii) facilities with continuous emissions monitoring systems or predictive emissions monitoring systems in place shall use this data in quantifying actual emissions;

(ivjthe chosen quantification protocol shall be made available for public comment for a period of 

## 30 days and shall be viewable on the commission's Web site;

(vjthe chosen quantification protocol and any comments received during the public comment period shall, upon approval by the executive director,be submitted to the 

## EPA for a 45-day adequacyreview; and

### (vi) quantification protocols shall not be accepted for use with ' 

### this division (relating to Discrete Emission Credit Banking and Trading) ifthe executive director receives a letter objecting tothe use ofthe protocol from the EPA during the 45-day adequacy review orthe EPA proposes disapproval ofthe protocol in the Federal Register.



## (2) 

## In the event that the monitoring and testing data required under paragraph 

## (1) ofthis subsection ismissing or unavailable, the facility may report actual emissions for that period oftime usingthese listed methods in the following order ofpreference to determine actual emissions:

(A) continuous monitoring data;



## (B)periodic monitoring data;



## (C)testing data;

(D) manufacturer's data;

(E) EPA Colnpilatiol~ ofAil.Pollutiol~ El)zissio11 Factors (AP-42), September 2000; or

(F) material balance.

(3)

### When quantifying actual en~issions in accordance with paragraph (2) ofthis subsection, the generator shall use the most conservative method for replacing the missing data,

### submit thejustification for not using the methods in paragraph (1) of this subsection, and subnit the justification for the method used.

(e) Credit certification.

(1)The amount of discrete emission credits shall berounded down to the nearest tenth of a ton when generated and shall be rounded up to the nearest tenth of a ton when used.

(2) Applications for certification will be reviewed in order to determine the credibility of the reductions. Reductions determined to be creditablewill be certified by the executive director.



## (3)The applicant will be notified in writing if the executive director denies the discrete emission credit notification.The applicant may submit a revised discrete emission credit notification in accordance with the requirements ofthis division.



### (4) If a facility's or mobile source's emissions exceed its allowable emission limit, the amount of emissions exceeding the limit may not be certified as discrete emission credits.

(f) 

### Geographic scope. Except asprovided in paragraph (7) ofthis subsection and 5101.375 of this title (relating to Emission Reductions Achieved Outside the United States),only emission reductions generated in the State of Texas may be creditable and used in the state with the following limitations.

### (1) VOC and NO, discrete emission credits generated in an ozone attainmentarea may be used in any county or portion of a county designated as attainment or unclassified, except

as specified in paragraphs (4) and 

## (5) of this subsection and may not be used in an ozone nonattainment area. 

## (2) VOC and NO, discrete emission credits generated 

### in an ozone nonattainment

area may be used either in the same ozonenonattainment area in which they were generated, or in
any county or portion of a county designated asattainment or unclassified.



### (3) VOC and NO, discrete emission credits generated in an ozone nonattainment

area may not be used in any other ozone nonattainment area, except asprovided in this subsection.

(4) VOC discrete emi,ssioncredits are prohibited from use within the covered attainment counties, asdefined in 

# 5 1 15.10ofthis title (relating to Definitions), if generated outside of the covered attainment counties. VOC discrete emission credits generated in a nonattainment area may be used in the covered attainment counties, except those generated in El Paso.

(5) NO, discrete emission credits areprohibited from use within the covered attainine~lt counties, as defined in $115.10ofthis title, if generated outside of the covered attainment counties.NO, discrete emission credits generated in a nonattainment area, except those generated in 

## El Paso, may be used in the covered attainment counties.

(6) 

### CO, SOz, and PMlo discrete emission credits must be used in the same metropolltan statistical area (as defined in Office of Management and Budget Bulletin Number

### 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993)in which the reduction was generated.

(7) VOC and NO, discrete emission credits generated in other counties, states, or emission reductions in other nations may be used in any attainment or nonattainment county provided a demonstration has been made and approved by the executive director and the EPA, to show that the emission reductions achieved in the other county, state, or nation improve the air quality in the county where the credit is being used.

(g) Ozone season.In areashaving an ozone season of less than 12months (as defined in 

### 40 Code ofFederal Regulations Part 

### 58, Appendix D) VOC and N0,discrete emission credits generated outside the ozone season may not be used during the ozone season.

(h) Recordkeeping. The generator must maintain a copy of all notices and backup information submitted to the registry for a minimum of five years, following the completion of the generation period. The user must maintain a copy of all notices and backup information submitted to the registry for a minimum of five years, following the completion ofthe use period. Other relevant reference material or raw data must also be maintained on-site by theparticipating facilities or mobile sources. The user must also maintain a copy ofthe generator's notice and backup information for a minimum of five years after the use is completed. Therecords shall include, but not necessarily be limited to:

(1) the name, emission point number, and facility identification number of each facility or any other identifying number for mobile sources using discrete emission credits;

## (2) the amount of discrete emission creditsbeing used by each facility or mobile
source; and



### (3)the specific number, name, or other identification of discrete emission credits used for each facility or mobile source.

(i) Public information. All information submitted with notices,reports, and trades regarding the nah~re, quantity of emissions, and sales price associated with the use or generation of discrete emission credits is public information and may not be submitted as confidential. 

### Any claim of confidentiality for this type of information, or failure to submit all information may result in the rejection ofthe discrete emission reduction application. All nonconfidential notices and infoimation regarding the generation, use, and availability of discrete emission credits may be obtained from the registry.

(j) 

### Authorization to emit. A discrete emission credit created under this division is a limited authorization to emit the specified pollutants in accordance with the provisions ofthis section, the Federal Clean Air Act, and the Texas Clean Air Act, as well as regulations promulgated thereunder. A discrete emission credit does not constitute aproperty right.Nothing in 

### this division should be construed to limit the authority ofthe commission or the EPA to terminate or limit such authorization.



## (k) Program participation. The executive director has the authority to prohibit a company from participating in discrete emission credit trading either as a 

### generator or user,.ifthe executive director deteimines that the company has violated the requirements of the program or abused the privileges provided by the program.

### (1) Compliance burden and enforcement.

(1) The user is responsible for assuring that a sufficient quantity of discrete emission credits are acquired to cover the applicable facility or mobile source's emissions for the entire use period.



### (2) The user is in violation of this section if the user doesnot possess enough discrete emission credits to cover the compliance need for the use period. Ifthe user possesses an insufficient quantity of discrete emission creditsto cover its complianceneed, the user will be out of compliance for the entire use period. Each day the user is out of compliance may be considered a violation.



## (3) Users may not transfer their compliance burden and legal responsibilities to a third-party participant. Third-party participants may only act in an advisory capacity tothe user.

(m) Credit ownership. Theowner ofthe initial discrete emission credit certificate shall be the owner or operator ofthe facility or mobile source creating the emission reduction.The executive director may approvea deviation from this subsection considering factors such as, but
not limited to:



### (1) whether an entity other than the owner or operator ofthe facility ormobile

source incurred the cost ofthe emission reduction strategy; or



### (2) whether the owner or operator of the facility or mobile source lacksthe potential to generate onetenth of a ton of credit.

## 8101.376.Discrete Emission Credit 

## Use.

(a) Requirements to use discrete emission credits. Discrete emission creditsmay be used ifthe following requirements are met.



## (1)The user shall have ownership of a sufficient amount of discrete emission credits before the use period for which the specific discrete emission credits are to be used.

(2)The user shall hold sufficient discrete emission credits tocover the user's compliance obligation at all times.

(3)

### The user shall acquire additional discrete emission credits during the use

.. . 

### period if it is determined the user does not possess enough discrete emission credits to cover the entireuse period. 

## The user shall acquire additional credits as allowed under this section prior to the shortfall, orbe in violation of this section.

(4) Facility or mobile source operators may acquire and use only discrete emission credits listed on the'registry.

(b) Use of discrete emission credits. With the exception of usesprohibited in subsection (c) of this section orprecluded by comnlission order or condition within an authorization under the same commission accountnumber, discrete emission credits maybe used to meet or demonstrate compliance with any facility or mobile regulatory requirement including the following:



## (1) to exceed any allowable enlission level,ifthe following conditions are met:

### (A)in ozone nonattainment areas, permitted facilities may use discrete emission credits to exceed permit allowables by no more than ten tons for nitrogen oxides or five tons for volatile organic compounds in a 12-month period as approved by the executive director. This use is limited to one exceedance, up to 12 months within any 24-month period, per use strategy. The user shall demonstrate that there will beno adverse impacts from the use of discrete emission credits at the levels requested; or

(B) at permitted facilities in counties or portions of counties designated

as attainment or unclassified, discrete emission credits may be used to exceed permit allowables by values not to exceed the prevention of significant deterioration significance levels as provided in 

## 40 Code of Federal Regulatio~is (CFR) 

### $52.2I (b)(23), as approved by the executive director prior to use. This use is limited to one exceedance, up to 12monthswithin any 24-month period,
per use strategy. Theuser shall demonstrate that there will be no adverse impacts fromthe use of discrete emission credits at the levels requested;

(2) as new sourcereview (NSR)permit offsets, if the following requirements are
met:

(A) the user shall obtain the executive director's approval prior to the use of specific discrete emission credits to cover, at a minimum, oneyear of operation ofthe new or modified facility in the NSR permit;

(B) the amount of discrete emission credits needed forNSR offsets equalsthe quantity of tons needed to achieve the maximum allowable emission level set in the user's NSR permit. The user shall alsopurchase and retire enough discrete emission credits to

### meet the offset ratio requirement in the user's ozone nonattainment area. The user shall purchase and retire either the environmental contribution of 10%orthe offset ratio, whichever is higher; and

(C)the 

## NSR permit must meet the following requirements:

(i) the permit must contain an enforceablerequirement that the facility obtain at least one additional year of offsets before continuing operation in each subsequent year;

(ii) prior to issuance of thepermit the user shall identify the discrete emission credits; and (iii) prior to start of operation the user shall submit a completed DEC-2 Form, Notice of Intent to Use Discrete Emission Credits, along with the original certificate;

(3)

### to comply with the Mass Emissions Cap and TradeProgram req~~irements as provided in $101.356(g) ofthis title (relating to Allowance Banking and Trading); or

(4)to comply with Chapters 114, 

### 115, and 

### 117ofthis title (relating to Control of Air Pollution from Motor Vehicles; Control ofAir Pollution from Volatile Organic Compounds; and Colltrol ofAir Pollution 

### from Nitrogen Compounds), as allowed.

(c) Discrete emission credit use prohibitions. A discrete emission credit may not be used under this division:

### (I)before it has been acquired by the user;

(2) for netting to avoid the applicability of federal and state 1VSRrequirements;

(3) to meet (as codified in 42 United States Code (USC), Federal Clean Air Act (FCAA))requirements for:

(A) new source performance standards under FCAA, $ 1 1 1 

### (42 USC, $741 1);



## (B) lowest achievable emission rate standards i~nder FCAA, $ 

### 173(a)(2) (42 USC, $7503(a)(2));

(C)best available control technology standardsunder FCAA, 

# 5 165(a)(4) (42 USC, §7475(a)(4))or Texas Health and Safety Code, §382.0518(b)(l);

(D) hazardous air pollutants standards i~ndel- FCAA, $1 12 (42 USC, $7412), including the requirements for maximum achievable control technology;



## (E) standards for solid waste cornbustion under FCAA, 

# 5 129 (42 USC,

(F)requirements for a vehicle inspection and maintenance program under FCAA, $ 

### 182(b)(4)or (c)(3)(42 USC, $751 

### 1a(b)(4) or (c)(3));

## (G) ozone control standards set under FCAA, $183(e)and (f) 

### (42 USC, $75

## I 1b(e) and 

## (f));



## (H) clean-fileled vehicle requirements under FCAA, $246 

## (42 USC, $7586);



## (I) motor vehicle emissions standards under FCAA, $202 (42 USC, $7.521);

(J)

### standards for non-road vehicles under FCAA, $213 (42 USC, $7547);



## (K)requirements forreformulated gasoline under FCAA, $21I 

## (k) (42 USC, $7545); or

(L)requirements for Reid vapor pressure standards under FCAA, $21I(h) and (i) (42 USC, $7545(h) and (i));

(4)to allow an emissions increase of an air containinant above a level authorized in a permit or other autl~orization that exceeds the limitations of 3106.261 or $106.262 of this title (relating toFacilities (Emission Limitations); and Facilities (Emission and Distance Limitations)) except as approved by the executive director and the United StatesEnvironmental Protection Agency. This paragraph doesnot apply to limit the use of discrete emission reduction credits (DERC) ormobile discrete emission reduction credits in lieu of allowances under $ 

### 101.356(11)of this title;

### (5)to authorize a facility whose emissions are enforceably limited to below applicable major source tliresliold levels, as defined in § 

### 122.1

## 0 of this title (relatingto General Definitions), to operate with actual emissions above those levels without triggering applicable requirements that would otherwise be triggered by such major source status; or



### (6) to exceed an allowable emission level where the exceedance would cause or contribute to a condition of air pollution as determined by the executive director.

(d) Notice of intent to use.

(1)

### A completed DEC-2 

### Form, signed by an authorized representative of the applicant shall be submitted to the executive director in accordance with the following requirements.



### (A) Discrete emission credits may be used only after the applicant has submitted the notice and received executive director approval.



## (B)The application must be submitted at least 45 days prior to the first day of the use period if the discrete emission credits were generated from a facility, 

### 90 days if the discrete emission credits were generated from a mobile source, and every 12months thereafter for each subsequent year ifthe use period exceeds 12months.

(C) A copy of the application shall also be sent to the federal land
manager 

### 30 days prior to use if the user is located within 100kilometers of a Class

### I area, as listed in 40 

## CFR Part 8 

### 1(2001).

## (D) The application must include, but isnot limited to, the following information for eachuse:

(i) the applicable state and federal requirements that the discrete emission credits will be used to comply with and the intended use period;

(ii) the amount of discrete emission credits needed;

(iii) the baseline emission rate, activity level, and total emissions forthe applicable facility or mobile source;

(iv) the actual emission rate, activity level, and total emissions for the applicable facility or mobile source;



### (v) the most stringent emission rate and the most stringent emission level for the applicable facility or mobile source, considering all applicable regulatory requirements;

(vi) a 

### complete description of the protocol, as submitted by the executive director tothe United States Environmental Protection Agency for approval, used to calculate the amount of discrete emission credits needed;

(vii) the actual calculationsperfornled by the user to determine the amount of discrete emission credits needed;

### (viii) the date that the discrete emission credits were acquired or will be acquired;

(ix) the discrete emission credit generator and the original certificateof the discrete emission credits acquired 01. 

### to be acquired;

(x) the price of the discrete emission credits acquired or the expected price of the discrete emission credits to be acquired, except for transfers between sites under common ownership or control;

(xi) a statement that due diligence was taken to verify that the discrete emission credits were not previously used, the discrete emission credits were not generated as a result of actions prohibited under this regulation, and the discrete emission credits will not be used in a manner prohibited under this regulation; and

(xii) a certification of use, that must contain certification under penalty oflaw by a responsible official ofthe user of truth, accuracy, and completeness. This certification must state that based on information and belief formedafter reasonable inquiry, the
statements and information in the document are true, accurate, and complete.

(2) DERC use calculation.

(A)

### To calculate the amount of discrete emission credits necessary to complywith$$117.123, 117.223, 117.320, 117.323, 117.423, 117.1020, 117.1120, 117.1220,or 117.3020ofthis title (relating to Source Cap; and System Cap), a user may use the equations listed in those sections, or the following equations.

### (i) For the rolling average cap:

Figure: 30 TAC fj 

### 101.376(d)(2)(A)(i)



## Amount of 

## DERCs Required = 

# 1 [(EH, x 

## ER,

# )
- 

## (H,x 

## R,

# )]x 

# (A-

i=l 

## (tons)
Where: d =

### the number of days in the use period
i =

### each emission unit in the source or system cap 

## N =

### the total number of emission units in the source or system cap 

## Hi = 

### actual daily heat input, in million British thermal units (MMBtu)per day, as calculated according to 

# $51 17.123(b)(1), 

### 1 17.223(b)(l), 

### 1 17.320(~)(1) and (2), 117.323(b)(l), 117.423(b)(l), 117.1020(c)(l), 

### 1 17.1120(c)(l), 117.1220(~)(1), or 117.3020(c)of this title (relating to Source Cap; and System Cap) as applicable 

## R; = 

### actualemission rate, in pounds (Ib)lMMBtu, as defined in 

## $$I 17.123(b)(l), 11

7.223(b)(l), 117.320(~)(1) and (2), 11 7.323(b)(l), 117.423(b)(l), 117.1020(~)(1), 117.1120(c)(l), 117.1220(~)(1), or 117.3020(c)ofthis title as applicable 

### EHi=

### expected new daily heat input, in MMBtu per day 

## ER;=

### expectednew emission rate, in IbIMMBtu.

(ii) For n~axin~um daily cap:

Figure: 30 TAC fj

## I 01.376(d)(2)(A)(ii)N 

# 1 Amount ofDEKCS Required (tons)

## = 

# [(EHMAER~)- (HM~xR;)]- i=~ 

# 2000 Where:
i =

## each emission unit in the source or system cap N = 

## the total number ofemission units in the source or system cap 

## Ri = 

## in IbIMMBtu, is defined as 

## in 

# $9117.123(b)(2), 

## 11 7.223(b)(2), 117.320(~)(3), 117.323(b)(2), 117.423(b)(2), 117.1020(~)(2), 1 

## 17.1120(c)(2), or 117.1220(~)(2) ofthis title (relating to Source Cap;and System Cap) as applicable 

## HMi =

## the maximum daily heat input, in MMBtdday,as defined in 

## 1 17.123(b)(2), 1 

## 17.223(b)(2), 1 

## 17.320(~)(3), 117.323(b)(2), 

## 1 17.423(b)(2), 1 

## 17.1020(~)(2), 117.1120(c)(2),or 117.1220(~)(2) ofthis title as applicable 

## EHM; = 

## expected new maximum daily heat input, inMMBtu per day ERi = 

## expected new emission rate, in IbIMMBtu.

(B) The amount of discrete emission creditsneeded to demonstrate complianceor meet a regulatory requirement is calculated as follows.

Figure: 30TAC 

# 5I0l.376(d)(2)(B)

(ELA) x (EEK - 

## RER) =

## discrete emission credits needed Where: ELA = 

## expected level of activity EER = 

## expected emission rate per unit activity 

## RER =

## regulatory emissionrate per unit activity.

### (C) The amount of discrete emission credits needed to exceed an allowable emissions level is calculated as follows.

Figure: 30 TAC tj

## 101.376(d)(2)(C)

(ELA 

## - PLA) x (PER) =

### discrete emission credits needed Where: ELA =

### expected level of activity PLA =

### permitted level of activity 

## PER =

### permitted emission rate per unit activity

(D)The user shall retire 10%more discrete emission credits than are needed, as calculated in this paragraph, to ensure that the facility or mobile source environmental contribution retirement obligation will be met.

(E) Ifthe amount of discrete emission credits needed to meet a regulatory requirement orto demonstrate compliance is greaterthan ten tons, an additional 5.0% ofthe discrete emission credits needed, as calculated in this paragraph, must be acquired to ensure that sufficient discrete einission credits are availableto the user with an adequate compliance margin.

(3) A 

### user may submit a notice late in the case of an emergency,but the notice
must be submitted before the discrete emission credits can be used. The user shall include a complete description ofthe emergency situation in the notice of intent to use. All other notices submitted less than 45 days prior to use, or 90 days prior to use for amobile source, will be considered late and In violation.

### (4)Theuser isresponsible for determiningthe creditsit will purchase and notifying the executive director ofthe selected generating facility or mobile source in the notice of intent to use. 

### If the generator's credits arerejected or the notice ofgeneration is incomplete, the use of discrete emission creditsby the user may be delayed by the executive director. The user cannot use any discrete emission credits that have not been certifiedby the executive director. The executive director may reject the use of discrete emission credits by a facility or mobile

source ifthe credit and use cannot be demonstrated to meet the requirements of 

### this section.



## (5)If the facility is in an area with an ozone season less than 12 months, the user shall calculate the amount of discrete emission credits needed for the ozone season separately from the non-ozone season.

(e)

### Notice of use.



### (I)The user shall calculate:



### (A)the amount of discrete emission credits used, including the amount of discrete emission credits retired to cover the environmental contribution, as described in subsection (d)(2)(C)of this section, associated with actual use; and 

### (B)the amount of discrete emission creditsnot used, including the
amount of excess discrete emission credits that were purchased to cover the environmental contribution, as described in subsection (d)(2)(C) ofthis section, but not associated with the actual use, and available for future use.

(2) DERC use is calculated by the following equations.

## (A) The amount of discrete emission credits used to demonstrate compliance or meet a regulatory requirement is calculated as follows.

Figure: 30 TAC $101.376(e)(2)(A) (ALA) 

## x (AER 

## - RER) =

## discrete emission credits used Where: ALA = 

## actual level of activity AER = 

## actual emission rate per unit activity RER =

## regulatory emission rate per unit activity

(B) The amount of discrete emission cred~ts used to comply withpermit allowables is calculated as follows.

Figure: 30 TAC 

# 3 1

## Ol.376(e)(2)(B)

(ALA - 

## PLA) 

## x (AER) =

## discrete emission credits used Where: ALA = 

## actual level of activity PLA =

## permitted level of activity AER =

## permitted emissionrateper unit activity

(3) A 

## DEC-3 Form, Notice ofUse of Discrete Emission Credits, shall be \ 

## submitted to the comlnission in accordance with the following requirements.

(A) The notice must be submitted within 90 days after the end of the use period.

## (B) Thenotice must be submitted within 

## 90 days of the conclusion of each 12-monthuse period, if applicable.



### (C)Thenotice isto be used as the mechanism to update or amend the notice of intent to use and must include any information different from that reported in the notice of intent to use, including, but not limited to, the following items:

(i) purchase price ofthe discrete emission credits obtained prior
to the current use period, except for transfers between sites under common ownership or control;

(ii) the actual amount of discrete emission credits possessed during the use period;

(iii) the actual emissions during theuse period for volatile organic compounds and nitrogen oxides;

(iv) the actual amount of discrete emission credits used; (v) 

### the actual environmental contribution; and

(vi) the amount of discrete emission credits available for future

use.

(4) Discrete emission credits that are not used during the use period are surplus and remain available for transfer or use by the holder. In addition, any portion of the calculated environmental contribution not attributed to actual use is also available.

## (5) The user is in violation of this section ifthe user submitsthe report of use laterthan the allowed 

### 90 days following the conclusion of the use period.

### SIJBCHAPTER 

## H: EMISSIONS BANKING AND TRADING DIVISION 5: SYSTEM CAP TRADING $101.383, $101.385

$101.383. General Provisions.

(a) System cap limits may be exceeded with surplus emission allowables obtained for that day from another source owner or operator participating in a system cap.The owner or operator may exceed the:



### (1) maximum daily capwith one-day surplus emission allowables generated on the sameday; and

(2)rolling 30-day average daily system capemission limitation with surplus emission allowables generated overthe sameperiod.

(b) System cap limits for units within an electricpower generating system asregulated under fj

### 1 17.3020ofthistitle (relatingto System Cap)may be exceeded with surplus emission allowables obtained for that calendar year from another source owner or operatorparticipating in

a system cap.

(c) The caprequirements of Chapter 11 

## 7 of this title (relating to Control ofAir Pollution fromNitrogen Compounds) continue to apply, except as modified in subsections (a) and (b)of this section.

$101.385. Recordkeeping ancl Reporting.

### (a) The owner or operator of a source in an ozone nonattainment area participating with this division shall submit to the executive director a quarterly report.

(1) Each quarterlyreport will be based on a three-calendar month period beginning on January 

## 1 of each year.



## (2) The report shall be submitted within 30 days following the end of the quarterly period.

(3) The report shall detail the following:

, , 

### (A) 

### the daily nitrogen oxides 

## (NOx)emissions from each source along with supporting calculations for the maximum daily cap and the rolling 30-day average system cap emission limitation;



## (B) all emission trades conducted under this division during the reported timeperiod including the trade date or period, quantity traded, and trading participants.

(b) The owner or operator of a source participating in a system cap limit for sources subject to $1 

### 17.3020of this title (relating to System Cap) shall submit to the executive director an annual report.

(1)

### Each annual report will be based on a 12-month calendar period beginning on Janualy 1 

### of each year.

### (2)The report shall be submitted within 30 days following the end ofthe annual period.

(3) The report shall detail the following:

(A)the annual 

## NOx emissions from each source along with supporting calculations; and



### (B) all emissions trades conducted under this division during the reported time period including trade date, quantity traded, and trade participants.

(c) The owner or operator of any systemparticipating in this division shall report within 48hours to the executive director any time that the system exceeded its daily orrolling 30-day average system cap emission limitation, or within 30 days any time that the system exceeded its annual system cap, and did not obtain surplus emission allowables for that time period. This report shall include:

(1) cause of the exceedence with supporting data;

(2) date or period of exceedence;

(3) amount of exceedence with data to demonstratethe amount of emissions in

excess of the applicable limit; and

(4) number of sui-plusemission allowables traded on the date of or during the period of the exceedence.

# TEXAS COMMISSION ON 

## ENVIRONMENTA~~R~~ 1hecebyce~~ttgs~a twc zntl 

### mrrectcopyda TexasCammissionon Envimmental 

### Quatitydoamr$ which 

### isfiled inthe

### permanent

### recardsof

### the

### CanmilPta\. 

# 07
Ladha

# d, Chief

## clerk TexasCommiin

### on EmriromnentalQuality 

## ORDER ADOPTING AMENDED AND REPEALED RULES AND REVISIONS TO THE STATEIMPLEMENTATIONPLAN

Docket No. 2006-2026-RUL
On July 25, 2007, the Texas Colnlnission on Environmental Quality (Collmission)

## , during a public meeting, considered adoption of anlendlnents to Sections 101.1, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385 and the repeal of Section 101.22of 30 TAC Chapter 101. The Colnlnission adopts these alnendlnents and repeal, in Chapter 101, ~eneral Air Quality Rules; and corresponding revisions to the state iinpleinentation plan (SIP). The amended sections §§101.1, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385 and the repeal of 8101.22 will be subinitted to the United States Envirolunental Protection Agency (EPA) as revisions to the Texas State Irnplernentation Plan (SIP). The adoption corrects references to sections of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Comnpounds, which have changed due to the reorganization of Chapter 117, revises definitions, removes an obsolete effective date, and corrects references to the coinmission. Under Tex. Health & 

## Safety Code Ann. 

# $3 382.011, 382.012, and 382.023 (Vernon 2001), the Cormnission has the authority to control the 

## quality of the state's air and to issue orders consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. Health & 

## Safety Code. The proposed rules were published for coinrnent in the February 23, 2007 issue of the 

## Texas Register (32 TexReg 713). Pursuant to Tex. Health & 

## Safety Code Ann. 

# 3 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 (Vernon 2000 & 

## Vernon Supp. 2005), and 40 Code of Federal Regulations 

# 5 51.102, and after proper notice, the Coininissioll conducted a public hearing to con side^- 

## the amended and repealed rules and revisioils to the SIP. Proper notice included pronlinent advertiselnent in the areas affected at least 30 days prior to the date of the hearing. A public hearing was held in Austin, TX on March 20, 2007. The Colninissio~l circulated hearing notices of its intended action to the public, including interested persons, the Regional Adlninistrator of the EPA, and all applicable local air pollution control agencies. The public was invited to submit data, views, and reco~mnendations on the proposed amended and repealed rules and SIP revisions, either orally or in writing, at the hearing or during the colmnent period. Prior to the scheduled hearing, copies of the proposed amended and repealed rules and SIP revisions were available for public inspectioll at the Commission's ceiltral office and on the Commission's Web site. Data, views, and reco~mnendationsof interested. persons regarding the proposed ainended and repealed rules and SIP revisions were subinitted to the Colninissioll during the colnineilt period, and were considered by the Colninission as reflected in the analysis of testiinoily iilcorporated by reference to this

### Docket 

### No. 2006-2026-RUL 

# 3, , 

## Data, views, and

, 

## reco~ninei~clatioi~s * 

## of interested persoils regarding the proposed aineilded and repealed rules and SIP revisioils were submitted to the Coininissioil during the coillinellt period, and were considered by the Colnlnissioil as reflected in the ailalysis of testilnoily iilcosporated by reference to this Order. The Coininissioil finds that the ailalysis of testiinoily iilcludes the ilallles of all interested groups or associatioils offering coinlneilt on the proposed alneilded and repealed rules and the SIP revisioils and their position collcerllillg the same. IT IS THEREFORE ORDERED 

## BY THE COMMISSION that the ainelldecl and repealed rules aid revisioils to the SIP incosporated by refereilce to this Order are hereby adopted. The Colnlnissioll further authorizes staff to inake ally non-substantive revisioils to the rules ilecessary to colnply with 

## Texas Register requiremeilts. The adopted rules and the preamble to the adopted rules and the revisioils to the SIP are illcorporated by reference in this Order as if set forth at length verbatim in this Order. IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Cornmission, the Chairman should trailsmit a copy of this Order, together with the adopted rules and revisions to the SIP, to the Regioilal Adlniilistrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, ($ 

## 110, codified at 42 U.S. Code AIIII. $$ 

## 7401 

## - 7671q, as amended. This Order coilstitutes the Order of the Coinlnissioil required by the Adinillistrative Procedure Act, Tex. Gov't Code, ($ 

## 2001.033 (Verilon 2000 & 

## Verlloll Supp. 2005). If ally portion of this Order is for ally reasoil held to be invalid by a court of coinpeteiltjurisdiction, the illvalidity of ally portioil shall not affect the validity of the remaining portions.

Date issued: 

# A!JG 

# O2 2007 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Veen Hartnett White, ChairinailIn 2003, the 78th Texas Legislature enacted HB 3459, adding TEC, $7.027 (renumbered to $7.028 in subsequent legislative session), which limits compliance monitoring by the state. TEC, $7.028, gives the board of trustees of a school district orthe governing body of an open-enrollment charter school the primary responsibility for ensuring that the district or school complies with all applicable requirements of state educational programs. As a consequence of TEC, $7.028, activities relating to provisions under TEC, $37.008(m), including rulemaking requirements, were suspended. In addition to TEC. 57.028, TEC, 537.008(m-I),was added and directs the commissioner to identify districts that indicate high risk of data and compliance violations. As a result of these two legislative requirements, the TEA developed a newagency-wide Performance-Based Monitoring (PBM) system. This new monitoring system replaced the former process outlined in the rule being repealed and includes a data validation component. The adopted repeal of 19 TAC Chapter 97, Subchapter CC, $97.1021, implements these legislative changes. The public comment periodonthe proposal began June 1,2007, and ended July 1, 2007. No public comments were received. The repeal is adopted under the Texas Education Code (TEC), $7.028, which establishes a limitation on compliance monitoring (including suspension of rulemaking requirements under TEC, $37.008(m)) and TEC, 537.008(m-I), which directs the commissioner to identify districts that indicate a high risk of data and compliance violations. As a result of TEC, $7.028 and $37.008(m-I), the TEA developed a new agency-wide Performance-Based Monitoring system that includes a data validation component. The repeal implements the TEC, $7.028 and $37.008(m-1). This agency herebycertifies that the adoption has beenreviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Officeof the Secretary of State on July 26, 2007. TRD-200703247 Cristina De La Fuente-Valadez Director. Policy Coordination Texas Education Agency Effective date: August 15, 2007 Proposal publication date: June 1, 2007 For further information, please call: (512) 475-1497 

## TITLE 30. 

## ENVIRONMENTAL QUALITY 

# PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 10

## 1. GENERAL AIR 

## QUALITY RULES The Texas Commission on Environmental Quality (TCEQ or commission) adopts amendments to $$I01 .I.101.302, 101.306, 101.350, 101.351, 101,353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385 and the repeal of $101.22. Sections 101.I, 101.302, 101.306, 101.353, 101.354, and 101.376 are adopted with changes to the proposed text as published in the February 23, 2007, issue of the Texas Register. Sections 101.22, 101.350, 101.351, 101.360, 101.372, 101.383, and 101.385 are adopted without changes to the proposedtext and will not be republished. The commission does not adopt the proposed amendment to $101.23 as published in the February 23, 2007, issue of the Texas Register. The amended $$I01.I, 101.302, 101.306, 101.350, 101.351, 101.353, 101.354, 101.360, 101.372, 101.376, 101.383, and 101.385andthe repeal of $101.22 will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the Texas State Implementation Plan (SIP). BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES The commission has adopted revisionsto 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, as partof the SIP for the Houston-Galveston-Brazoria(HGB) and Dallas-Fort Worth nonattainment areas. Underthose revisions, Chapter 117 was reorganized. Chapter 101. GeneralAir Quality Rules, contains references to sections of Chapter 117which have changed due to the reorganization, requiring that the cited references in Chapter 101 also change. This adoption also includes revisions identified during the last quadrennial review of Chapter 101, including changes to the definitions of cold solvent cleaning, conveyorized degreasing, high-volume low-pressure spray guns, open top vapor degreasing, standard conditions, and visible emissions. Other changes include the deletion of the definitions of hazardous waste managementfacility and hazardous waste management unit, the addition of a definitionfor nitrogen oxides, and the removal of an obsolete effective date section. EPA comments dealing with some references unrelated to the Chapter 117 reorganization, resulted in some changes. SECTION BY SECTION DISCUSSION $101.1. Definitions. The commission adopts the modification of the opening paragraph ofthis sectionto specifythat the definitionsin $101 .I apply to all air quality rules. The commission adopts the changesto the definitions of cold solvent cleaning, conveyorized degreasing, and open-top vapor degreasing by deleting the word "metal" so that the processes also apply to cleaning non-metal parts. The adopted amendment deletes the definitions of hazardouswaste management facility and hazardouswaste management unit because references to these definitions are not found in any of the air rules. The adopted revision to the definition of high-volume low-pressure spray guns specifies that the operating pressure of this equipment is measured at the air cap because this provides the most accurate measurement. The commission adopts the addition of the definitionof nitrogen oxides from Chapter 117 because this is a common term used throughout the commission's air quality rules. The adopted amendment deletes the last sentence of the definition of standard conditionsthat reads: "Pollutant concentrations from an incineratorwill be correctedto acondition of 50% excess air if the incinerator is operating at greater than 50% excess air." The amount of air present in combustion is variable and does not qualify as a standard condition. The commission adopts the change in the second sentence of the definition of visible emissions to read: "The radiant energy from an open flame is not considered a visible emission under this definition." Radiant energy may manifestsome visual effects but there is no air contaminant emitted.



## ADOPTED RULES August 10, 2007 32 

## TexReg49853101.22. Effective Date. The commission adopts the repeal of this section because it is no longer required. 

### 3 101.302. General Provisions. The commission adopts the references to the newly renumbered Chapter 117 sections. The section has been revised since proposaldueto a comment submitted bythe EPAto remove the reference to §117.3310. Emission Specificationsfor Eight-Hour Attainment Demonstration, from §101.302(d)(l)(A)since the East Texas area is attainment for all pollutants. 

## 5 101.306. Emission Credit Use. The commission adopts the referencestothe newly renumbered Chapter 117 sections. The section has been revised since proposalto removethe referenceto §I17.3123 from §101.306(b)(3) because the rule does not require itto be referenced in the equation under Figure 30 TAC §101.306(b)(3). Also, references to maximumdailycapand referencesto emission credits that are to be used for compliance with the requirements of 30 TAC Chapters 114, Control of Air Pollution from Motor Vehicles, Chapter 115, Control of Air Pollution from Volatile Organic Compounds (VOCs), or Chapter 117 or other programs, were added to this section since proposaldue to a comment submitted by the EPA. 

### 3 101.350. Definitions. The commission adopts the replacement of the definition of HoustonlGalveston (HGA) ozone nonattainment area with HGB ozone nonattainment area because the name of the nonattainment area has changed. $1 01.351. Applicability. The commission adoptsthe replacement of references to Chapter 117section numbers with the newly renumbered Chapter 117 sections. 

## 5 101.353. Allocation ofAllowances. The commission adopts the replacement of references to Chapter 117 section numbers withthe newly renumbered Chapter 117 sections. This section has been changed since proposal to addreferences to sections dealing with Initial Demonstration of Compliance. These changes were unrelated to the comments submitted by EPA. 5101.354. Allowance Deductions. The commission adopts the replacement of references to Chapter 117section numberswiththe newly renumbered Chapter 117 sections. 5101.360. LevelofActivity Certification. The commission adoptsthe replacement of references to Chapter 117 section numberswith the newly renumbered Chapter 117 sections. 5101.372. General Provisions. The commission adopts the replacement of references to Chapter 117section numbers with the newly renumbered Chapter 117 sections. 

### 3 101.376. Discrete Emission Credit Use. The comm~ssion adopts the replacement of references to Chapter 117 section numbers with the newly renumbered Chapter 117 sections. This section has been changed since proposaldue to a comment submitted bythe EPA to correctly reference maximum daily caps instead of rolling 30-day average emission caps. 

### 3 101.383. General Provisions. The commission adopts the replacement of references to Chapter 117section numbers with the newly renumbered Chapter 117 sections. 5101.385. Recordkeeping and Reporling. The commission adopts the replacementof references to Chapter 117section numbers with the newly renumbered Chapter 117 sections. The commission also adopts minor administrative changes to address conformity to Texas Register requirements and other agency rules and guidelines. FINAL REGULATORY IMPACT ANALYSIS DETERMINATION The commission reviewed the adopted rulemaking in light of the regulatory impact analysis requirements of Texas Government Code, §2001.0225, and determined that this adoption is notsubject to §2001.0225 because it does not meet the definition of a major environmental rule as defined in that statute. A "major environmental rule" means a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Although the ultimate intent is to protect.the environment, these adopted amendments are mainly the result of an administrative action only, to correct and update cross-references to Chapter 117, which has been reorganized, modify certain definitions, and make other procedural changes to Chapter 101. Chapter 117, Control of Air Pollution from Nitrogen Compounds, has been reorganized. Chapter 101, General Air Quality Rules, contains extensive references to sections of Chapter 117 that were renumbered because of the reorganization. The references contained in Chapter 101 must change accordingly. This adoption also includes revisions identified during the last quadrennial reviewof Chapter 101 bythe executive director and includes changes to the definitions of visible emissions, cold solvent cleaning, conveyorized degreasing, open-top vapor degreasing, high-volume low-pressure spray guns, and standard conditions. Other adopted changes include deleting the definitions of hazardous waste management facility and hazardous waste management unit, addinga definition for nitrogen oxides, and removing an obsolete effective date section. The adopted rules will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. In addition, a regulatory impact analysis is not required because the rules do not meet any of the four applicability criteria for requiring a regulatory impact analysis of a major environmental rule as defined in the Texas Government Code. Section 2001.0225 applies only to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general



### 32 

## TmReg

## 4986 Allgrist 

## 10,2007 TexasRegisterpowers of the agency insteadof under a specific state law. This EPA and Eternal Springs Wellness during the public comment rulemaking does not exceed a standard set by federal law, and period, which closed on March 26, 2007. the adopted requirementsare consistent with applicable federal standards. In addition, this adoption does not exceed an express requirement of state law and is not adopted solely under the general powers of the agency, but is specifically authorized by the provisions cited in the STATUTORY AUTHORITY section of this preamble. Finally, this rulemaking does not exceed a requirement of a delegation agreement or contract to implement a state and federal program. The commission solicited comments on the draft regulatory impact analysis determination and no comments were received. TAKINGS IMPACTASSESSMENT The commission evaluatedthis rulemaking action and performed an analysis of whether the adopted rules are subject to Texas Government Code, Chapter 2007. The primary purpose of the rulemaking is to update references to sections of Chapter 117, which has been reorganized,to modify certain definitions, and to make other procedural changes to Chapter 101. These amendments do not affect private property in a manner that restricts or limits an owner's right to the property that would otherwise exist in the absence of the governmental action. Promulgation and enforcement of these adopted rules is neither a statutory nor a constitutional taking because they do not affect private real property. Therefore, these rules do not constitutea taking under Texas Government Code, Chapter 2007. CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM The commission reviewed the adopted rulemaking and found the adoption is a rulemaking identified in the Coastal Coordination Act Implementation Rules. 31 TAC §505.11(b)(2), relating to rules subject to the Coastal Management Program, and will, therefore, require that goals and policies of the Texas Coastal Management Program (CMP) be considered during the rulemaking process. The commission reviewed this rulemakingfor consistency with the CMP goals and policies in accordance with the regulations of the Coastal Coordination Council and determined that the amendmentsare consistent with CMP goals and policies. The CMP goal applicable to this rulemaking action is the goal to protect, preserve, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas (31TAC §501 .I 2(1)). The adopted rules update references and definitions. No new sources of air contaminants will be authorized and the revisions will maintain the same level of emissions control as previous rules. The CMP policy applicable to this rulemaking action is the policy that the commission's rules comply with federal regulations in 40 Code of Federal Regulations, to protect and enhance air quality in the coastal areas (31 TAC §501.14(q)). This rulemaking action complies with 40 Code of Federal Regulations Part 51, Requirements for Preparation, Adoption, and Submittal of lmplementation Plans. Therefore, in accordance with 31TAC §505.22(e),the commission affirms that this rulemaking action is consistent with CMP goals and policies. EPA suggested modifications to the adopted rules as stated in the RESPONSETO COMMENTS sectionof this preamble, and commented that they appreciate efforts made to update definitions and references in Chapter 101that are changingduetothe reorganization of Chapter 117. RESPONSE TO COMMENTS Eternal Springs Wellness commentedthat they oppose delaying the plan until 2018 and would liketo see cleanerair now. Eternal Springs Wellness commented that they would liketo see the implementation of California standards and VOC storage tankldebassing regulations strengthened and implemented

## byJanuary 1, 2009. RESPONSE The commission appreciates the commenters' interest in air quality. The comments do not relate to the proposed Chapter 101 revisions, and no changes to the rule have been made in response to them. EPA noted that since §101.23 is no longer part of the federally approved regulations in the Texas SIP, they would be unable to approve the proposed administrativechanges to this section. RESPONSE The commission agrees that §101.23 is not part of the federally approved regulations in the Texas SIP. The commission applies the conditions of this section either through other rules of the commission or through individual permits, and the proposed amendments to §I 01.23 have not been adopted. EPA noted that, to be included in the Texas SIP, the Alternate Emission Reduction Policy would need to be developed in accordance with EPA's guidanceon economic incentive programs, as well as meet applicable Clean Air Act requirements. RESPONSE The commission is not currently considering whether to adopt any rules regarding an alternate emission reduction policy. EPA commented that §101.302(d)(l)(A)incorrectly references §117.3310, since emission reduction credits (ERCs) only apply to nonattainment areas. RESPONSE The rule has been revisedto remove the referenceto §117.3310. EPA commented that there isan inconsistencyin §101.306(b)(3) with Figure 30 TAC §101.306(b)(3) and §101.376(d)(2) with Figure 30 TAC 5101.376(d)(Z)(A). Sections 101.306(b)(3)and 101.376(d)(2) allow the use of credits for compliance with §117.3123 but the section is not included in the figures Figure: 30 TAC §101.306(b)(3) and Figure: 30 TAC §101.376(d)(2)(A). RESPONSE The rule has been revised to remove the reference to §117.3123 The commission solicited comments on the consistency of this from ~101,306(b)(3),Section 117~9800 allows ERCs and dis- rulemaking, but no comments on the CMP were received. Crete emission reduction credits (DERCs)to be usedfor alternaPUBLIC COMMENT tive compliance with $117.3123. However,the equationto determine compliance to the source cap in §117.3123is differentfrom A public hearing onthe proposawas held inAustinon March20, the equa(ons in Figure 30 

### glol ,306(b)(3)and Figure 30 *Oo7 at the TCEQ No comments were received at the public TAC §lOl376(d)(2)(A)(i). For compliance with §117.3123, the hearing. The commission received written comments from the equations in§117.3123are requiredto be used in place of Figure 30 TAC §101.306(b)(3) or Figure 30 TAC §101.376(d)(Z)(A)(i).



## ADOPTED RULES Augnsi 

## 10,2007 32 TexReg4987EPA commented not reference the $101.306(b)(2). that Figure 30 TAC $101.306(b)(3) does maximum daily cap requirements found in
RESPONSE Therule hasbeen revised to include references to both the 30- dayrolling average and themaximum daily capaverage requirementsfor system capsand s o u r c e c a p s . EPA commented that Figure 30TAC §101.376(d)(2)(A)(ii)incorrectly references $$117.123(b)(l), 117.223(b)(I),117.323(b)(I), and 117.423(b)(I), which refer to rolling 30-day average emission caps instead of maximum daily caps. RESPONSE The rule has been revised to chancle the citations to $117123(b)(2) 117.223(b)(2), 117.323(b)(2) and 11

7.423(b)(2). 

## SUBCHAPTER A. GENERAL RULES 30 TAC 

### §101.1 STATUTORY AUTHORITY The amendment 

### is adopted under Texas Water Code (TWC). $5.102, concerning General Powers, that provides the commission with the general powers to carry out its duties under the Texas Water Code; TWC, $5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; TWC, $5.105, concerning General Policy, that authorizes thecommission by rule to establish and approve 

### all general policy of the commission;and under Texas Health and Safety Code (THSC), 3382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended section 

### is also adopted under THSC, $382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources. consistent with the ~rotection of Dublic health. general welfa're, and physical property; §382.01i, concerning General Powers and Duties. that authorizes the commission to control the quality of the state's air; and $382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop'a general, comprehensive plan for the proper control of the state's air. The amended section 

### is also adopted under $382.016, concerning Monitoring Requirements; Examination of Records, that authorizes the commission to prescribe reasonable requirements for the measuring and monitoring of 

### air contaminant emissions; and $382.051, concerning Permitting Authority of Commission; Rules, that authorizes the commission to issue permits and adopt rules necessary for permits issued under THSC, Chapter 382. The amended section 

### is also adopted under the Federal Clean Air Act, 42 United States Code, §$7401 

## - 7671q. The amended section implements THSC, $$382.002, 382.011. 382.012, 382.016, 382.017, and 380.051

Unless specifically delined in the Texas Clean Air Act (TCAA) or in the rules of the commission, tlie tenils used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms that are defined by the TCAA, thc following terms,when used ill the airquality rules in this title,have the following meanings, unless the context clearly indicates otherwise. (1) Account--For tl~ose sources required to be permitted under Chapter 122 of tl~is title (relating to Federal Operati~~g Permits Program),all sourcesthatare aggregated asa site. Forall otl~er sources, any combination of sources under common ownership or control and located on one or more contiguous properties, or properties contiguous except for intervening roads, railroads, rights-of-way, waterways, or similar divisions. (2) Acid gasflare--A flareused exclusively for the incineration ofhydrogen sulfide and other acidic gases derived from natural gas sweetelling processes. (3) Agency established facility identification number--For the purposes of Subchapter F of this chapter (relating to Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities), a unique alphanumeric code required to be assigned by the owner oroperator of a regulated entity that the emission inventory reporting requirements of 

### 9 101.10of this title (relating to Emissions Inventory Requirements) are applicableto each facility at that regulated entity. (4) Ambient air--That portion ofthe atmosphere, external to buildings, to which the general public has access. 

### (5) Background--Background concentration, the level of air contaminants that cannotbe reduced bycontrolling emissions from man-made sources. It is determined by measuring levels in non-urban areas. (6) Boiler--Any combustion equipment fired with solid, liquid, and/or gaseous fuel used to produce steam or to heat water. (7) capture system--All equipment (including, butnot limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air pollutant to a control device. (8) Captured facility--A manufacturing orproduction facility that generates an industrial solid waste or hazardous waste that is routinely stored, processed, ordisposed ofon a shared basis in an integrated waste management unit owned, operated by, and located within a co~itiguous manufacturing complex. (9) Carbon adsorber--An add-on control device that uses activated carbon to adsorb volatile organic compounds from a gas stream. (10) Carbonadsorption system--A carbon adsorberwith an inlet and outlet for exhaust gases and a system to regenerate the saturated adsorbent. (1 1) Coating--A material applied onto orimpregnated into a substrateforprotective, decorative, orfunctional purposes. Suchmaterials include, but are not limited to, paints, varnishes, sealants, adllesives, tl~inners, diluents, inks, maskants, and temporary protective coatings. (12) Cold solvent cleaning--A batch process that uses liquid solvent to remove soils from the surfacesofparts or to drytheparts by spraying, brusliing, flushing, and/or immersion while ~naintaining tlie solve~~i below its boiling point. Wipe cleaning (hand cleaning) is not included in tl~is definition. (13) Combustion unit--Any boiler plant, furnace, incinerato!., flare, engine, orother deviceor systemused to oxidize solid, liquid, or gaseous fuels, but excluding motors and engines used in propelling land. water, and air vehicles. (14) Combustion turbine--Any gas turbine system that is gas andlor liquid fuel fired with or witllout power augmentation. This unit is either attached to a foundation oris portable equipment operated at a specific minor or major source fol-more than 90 days in any 12-



## 32 TexReg

## 4988 Aligzist 10, 2007 

## TexusRegistermonth period. Two or morc gas turbines powering one shaft w~ll be treated as one unit. (15) Commercial hazardous wastc management Bcility--Any hazardous waste management facility that accepts hi~zardous waste or polychlorinated biphenyl compounds for a charge, except a c;~ptured facility that disposes only waste generated on-sitcor a racility that accepts waste only from other facilities owned or crfectively controlled by the same person. (16) Co~nmercial incinerator--An inc~nerator uscd to dispose orwaste material from retail and wholesale trade establ~shmcnts. (17) Commercial medical waste incinerator--A facility that accepts for incineration medical waste generated outside the property boundaries of the facility. (18) Component--A pieceofequipment, including,but not limited to, pumps, valves, compressors, and pressure relieSval\les that has the potential to leak volatile organic compounds. (19) Conclcnsate--Liquids that result from the cooling andlor pressure changes of produced natural gas. Once these liquids are processed at gas plants or refineries or in any other manner, they are no longer considered condensates. (20) Construction-demolition waste--Waste resulting from construction or demolition projects. (21) Control system orcontrol device--Any part, chemical, machine, equipment, contrivance, or combination of same, used to destroy, eliminate, reduce, or control the emission of air contaminants to the atmosphere. (22) Conveyorized degreasing--A solvent cleaningprocess that uses an automated parts handling system, typically a conveyor, to automatically provide a contilluous supply of parts to be cleaned or dried using either cold solvent or vaporized solvent. A conveyorized degreasing process is fully enclosed except for the conveyor inlet and exit portals. (23) Criteria pollutant or standard--Any pollutant for which there is anational ambientair quality standard establishedunder


### , 40 Code of Federal Regulations Part 50. (24) Custody transfer--The transfer of produced crude oil andlor condensate, afterbrocessingandlor treating intheproducingoperations. from storage tanks or automatictransfer facilities to pipelines 

## -
. 

### . or any other forms of transportation. (25) Deminimis impact--A changein ground level concentration of an air contaminant as a result of the operation of any new m;ilor stationary source or of the operatton of any existing source that has undergone amajor modification that does not exceed the following specified amounts. Figure: 30TAC 

### 9I0I.l(25) (No change.) (26) Domestic wastes--The garbage and rubbish normally resulting from the fi~nctions of life within a res~dence. (27) Emissions banking--A system for record~ng emissions reduction credits sothey may be used or transferred for future use. (28) Emissions event--Any upset event or ~~nscheduled maintenance, startup, or shutdown activity, from a common cause that results in unauthorized emissions of air contaminants from one or more emissions points at a regulated entity. (29) Emissions reduction credit--Any stationary source em~ssions reduction that has been banked in accordance with Chapter 101,Subchapter H,Division 1 of this title (relating to Emission Credit Banking and Trading). (30) E~nissions reduction crcdit cerlilicatc--The ccrtificale issued by the executive director that indicates the amount of qualified reduction available for use as offsets and thc length of lime the reduction is eligible for use. (31) Emissions unit--Any part of a stationary source that emits, or would have the potential to emit, any pollutant subject lo regulation under the Federal Clean Air Act. (32) Excess opacity event--When an opacity reatling is equal to or exceeds 15 additional percentage points above an applicable opacity limit, averaged over a six-minute period. (33) Exempt solvent--Those carbon compo~111ds or mixtures of carbon compounds used as solvents that have bcen excluded from the definition of volatile organic compound. (34) External Roating roof--A cover or roof in an open top tank that rests upon or is floated upon the liquid being contained and is equipped with a single or double seal to close the space between the roof edge and tank shell. A double seal consists of two complete and separate closure seals,one abovethe other, containing an enclosed space between them. (35) Federal motor vehicle regulation--Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines. 40 Cocle of Federal Regulations Part 85. (36) Federally enforceable--All limitations and conditions that are enforceable by the United States Environmental Protection Agency administrator, including those requirements developed under 40 Code of Federal Regulations (CFR) Parts 60 and 61 ;requirements within any applicable state implementationplan (SIP);and any pennit requirements established under 40 CFR $52.21 or under regulations approved under 40 CFR Part 5 1, Subpart 1, including operating permits issued under the approved program that is incorporated into the SIP and that expressly requires adherence to any pennit issued under such program. (37) Flare--An open combustion un~t (i.e., lacking an enclosed combustion chamber) whose combustion air is provided by uncontrolled ambient air around the flame, and that is used as a control device. A flare may be equipped with a radiant heat shield (with or without a refractory lining), but is not equipped with a flame air control damping system to control the airlfuel mixture. In addition, a flare may also use auxiliary fuel. Thecombustion flame may be elevated or at ground level. A vapor combustor, as defined in this section, is not considered a flare. (38) Fuel oil--Any oil meeting the American Society for Testing and Materials (ASTM) specifications for file1 oil in ASTM D396-01, Standard Specifications for Fuel Oils, revised 2001. This includes fuel oil grades I, 1 (Low Sulfur), 2,2(Low Sulfur),4 (Light), 4, 5 (Light), 5 (Heavy), and 6. (39) Fugitive emission--Any gaseous or particulate contaminant entering the atmosphere that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening designed to direct or control its Ilow. (40) Garbage--Solid waste consisting ofputrescibleanimal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption ofFood,including waste materials from ~narkets, storage facilities, and handling and sale of produce and other rood products. (41) Gasoline--Any petroleum distillate having a Re~dvapor pressure offourpoundsper square inch(27.6kilopascals) or greater that is produced for use as a motor fuel, and is commonly called gasoline.



## ADOPTED RULES Azigz~st 10, 2007 32 

## TexReg4989(42) Hazardouswastes--Any solid waste identified orlisted asa hazardous waste by the administrator oftheUnited States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, 42 United States Code, $56901 el seq., as amended. (43) Heatset (used in offset lithographic printing)--Any operation where heat isrequiredto evaporate ink oil from theprinting ink. Hot air dryers are used to deliver the heat. (44) High-bake coatings--Coatings designed to cure at teml~eratures above 194degrees Fahrenheit. (45) High-volome low-pressure spray guns--Equipment used to apply coatings by means of a spray gun that operates between 0.1 and 10.0 pounds per square inch gauge air pressure measured at tlie air cap. (46) Incinerator--An enclosed combostion apparatus and attach~nents that is used in the process of burning wastes for the primary purpose ofreducingitsvolumeand weight by removing the combustibles of tlie waste and is equipped with a flue for conducting prod-

. .. -. ucts of combustion to the atmospliere. Any combustion device that burns 10%or more of solid waste on atotal British thennal unit (Btu) heat input basis averaged over any one-hour period is considered to be an incinerator. A combustion device without instrumentation or ~netliodology to determine hourly Aow rates of solid waste and burning 1.0% or more of solid waste on a total Btu heat input basis averaged annually is also considered to be an incinerator. An open-trench type (with closed ends) combustion unit may be considered an incinerator when approved by the executive director. Devices burning untreated wood scraps, waste wood, or sludge from the treatment of wastewater from the process mills as a primary fuel for heat recovery are not included under this definition. Combustion devices permitted under this title as combustion devices other than incinerators will not be considered incinerators for application of any n~le within this title provided they are installed and operated in co~npliance with the condition of all applicable pennits. (47) Industrial boiler--A boiler located on the site of a facility engaged in a ~nanufacturing process where substances are transfonned into new products, including the co~nponent parts of products, by mechanical or chemical processes. (48) Industrial furnace-Cement kilns; lime kilns; aggregate kilns; pl~osphate kilns; coke ovens; blast furnaces; smelting, melting, or refi~iiiigfurnaces, including pyrotnetallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, or foundry furnaces; titanium dioxide chloride process oxidation reactors; ~netliane reforming furnaces; pulping recovery furnaces; combustion devices used in the recovery of sulfur values from spent sulf~~ric acid; and otlier devices the co~n~nission may list. (49) Industrial solid waste--Solid waste resulting from. or incidental to, any process of industry or manufacturing, or mining or agricultural operations, classified as follows. (A) Class I industrial solid waste orClass I waste is any industrial solid waste designated as Class 1 by tlie executive director as any industrial solid waste or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic. corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or otlier means, and may Ipose a substantial present or potential clanger to human health or the el~vironment when improperly processed, stored, transported, 01. 0ther\vise managed, including hazardous industrial waste, as defined in $335.1 and $335.505 of this title (relating to Definitions and Class I Waste Determination). (B) Class 2 industrial solid waste is any individual solid wasteorcombinationofindustrialsolid wastes that cannot be described as Class 1 or Class 3, as defined in $335.506 of this title (relating to Class 2 Waste Determination). (C) Class 3 industrial solid waste is any inert and essentially insoluble industrial solid waste, including materials such as rock, brick, glass, dirt,and certain plastics and rubber, ctc., that are not readily decomposable asdefined in $335.507 of this title (relating to Class 3 Waste Determination). (50) Internal floating cover--A cover or floating roof in a fixed roof tank that rests upon or is floated upon the liquid being contained, and is equipped with a closure seal or seals to close tlie space between the cover edge and tank shell. (51) Leak--A volatile organic compound concentration greater than 10,000 parts per nil lion by volume or the amount specified by applicable rule, whichever is lower; or tlie drippingorexuding of process fluid based on sight, smell, or sound. (52) Liquid fuel--A liquid combustible mixture, not derived from hazardous waste, with a heating value of at least 5,000 British tliennal units per pound. (53) Liquid-mounted seal--A primary seal mounted In continuous contact with the liquid between the tank wall and the floating roof around tlie circumference of tlie tank. (54) Maintenance area--A geographic region of the state previously designated nonattainment under tlie Federal Clean Air Act Amendmentsof 1990and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under 42United States Code, $7505~ The following are the maintenance areas within the state: (A) Victoria Ozone Maintenance Area 60 (Fedeml Regisie~. (FR) 12453) - Victoria County; and (B) Collin County Lead Maintenance Area (64 FR 55421) - Portion of Collin County. Eastside: Starting at the intersection of South Fifth Street and the fence line approximately 1,000 feet soutli of the Exide property line going north to tlie intersection of South Fiftli Street and Eubanks Street; Nortliside: Proceeding west on Eubanks to tlie Burlington Railroad tracks; Westside: Along the Burlington Railroad tracks to tlie fence line approximately 1,000 feet soutli of tlie Exide property line; Southside: Fence line approximately 1.000 feet south of tlie Exide property line. (55) Maintenance plan--A revision to tlie applicable state i~nplementation plan, meeting the requirements of 42 United States Code, $7505~ (56) Marinevessel--Any watercraft used, orcapable ofbeing used, as a means of transportation on water, and that is constructed or adapted to carry, or that carries, oil, gasoline, or other volatile organic liquid in bulk as a cargo or cargo residue (57) Mechan~cal shoe seal--A metal sheet that isheld vertically against the storagetank wall by springs or weighted levers and is connected by braces to theRoating roof. Aflexible coated fabric (envelope) spansthe annular spacebetween the metal sheet and the floating roof. (58) Medical waste--Waste materials identifled by the Department of State Health Serv~ces as"special wastefromliealtli care-reIated facilit~es" and those waste niaterials co~n~ningled and discarded with spec~al waste from health care-related facilities. (59) Metropolltan Planning Organization--That organization designated as being responsible, together with tlie state, for



## 32 TexReg4990 Allgust 

## 10, 2007 TexasRegisterconducting thc continuing, cooperativc, and comprchensive planning process under 23 United StatesCode (USC),

### 3 134and 49 USC, $1607. (60) Mobile emissions reduction credit--The credit obtained from an enforceable, permanent, quantifiable, and surplus (to other federal and state rules) emissions rcduction generated by a mobile source as set forth in Chapter 114, Subchapter F of this title (relating to Vehicle Retirement and Mobilc Emission Reduction Credits), and that has been banked in accordance with Subchapter H, Division I of this chapter. (61) Motor vehicle--A 

### self-propelled vehicle designed for transporting persons or property on a street or highway. (62) Motorvehicle fuel dispensing facility--Anysitewhere gasoline is dispensed to motor vehicle fuel tanks fro111stationary storage tanks. (63) Municipal solid waste--Solid waste resulting from,or incidental to, municipal, community, commercial, institutional. and recreational activities, includi~lg garbage, rubbish, ashes, street cleaning~, dead animals, abandoned automobiles, and all other solid waste except industrial solid waste. pertinent Federal Regislet. (FR)notices. Thc rollowi~lg arcns comprise the nonattainment areas within the state Tor all national ambient air standards (NAAQS).EPA has indicated that it will rcvokc the one-hour ozone s~andard in full, including tlle associated designalions and classifications, on June 15,2005, which is one year rollowing the effective date of the designalions for the eight-hour NAAQS of June 15, 2004. (A) Carboll monoxide (CO).El PasoCOnonattainment arca (54 FR 56694)--Classifiedasa Moderate CO nonattainment area with a design value less than orequal to 12.7 parts per million. Portion of El PasoCounty. Portion ofthe city limits of El Paso: That portion of the City of El Paso bounded on the north by Highway 10from Porlirio Diaz Street to Raynolds Street, Raynolds Street from Highway 10 to the Southern Pacific Railroad lines, the Southern Pacific Railroad lines from Raynolds Street to Highway 62, Highway 62 from the Southern Pacific Railroad lines to Highway 20, and Highway 20 from Highway 62 to Polo Inn Road. Bounded on the cast by Polo Inn Road from Highway 20 to the Texas-Mexico border. Bounded on the south by the Texas-Mexico border from Polo Inn Roatl to Porfirio Diaz Street. Bounded on the west by Porfirio Diaz Street from the Texas-Mexico border to Highway 10.

~ ~ (64) Municipal solid waste facility--All contiguous land, (B) Inhalable particulate matter (PM,,). El Paso PM,,, structures, other appurtenances, and iln~rovements on the land used llonattainmentarea (56 FR 56694)--Classified as a Moderate pM,,, for processing, storing,Or "lid waste. A may ,,onattainment area, Portion of El paso County that colnprises the El bc publicly or privately owned and may consist of several processing, Paso city limit boundaries as they existed on November 15, 1990. storage, or disposal operational units, e.g., one or Inore landfills, surface impoundments, or combinations of them. (C) Lead. Nodesignated nonattainment areas. (65) Municipal solid waste landfill--A discrete areaofland or an excavation that receives household waste and that is not a land application unit, surface impou11dment,injection well, orwaste pile, as those terms are defined under 40 Code of Federal Regulations $257.2. A municipal solidwaste landfill (MSWLF)unit alsomay receive other types of Resource Conservation and Recovery Act Subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste, and industrial solid waste. Such a landfill may be publicly or privately owned. An MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion. (D) Nitrogen dioxide. Nodesignated nonattainment areas. (E) Ozone (one-hour) (i) Houston-Galveston-Brazoria (HGB) one-hour ozone nonattainment area (56 FR 56694) - Classified as a Severe-1 7 ozone nonattainment area. Consists of Brazoria, Chambers, Fort Bend, Galveston, I-larris, Liberty,Montgomery, and Waller Counties. (ii) El Paso one-hour ozone nonattainment area (56 FR 56694) -Classified asa Seriousozonenonattainment area. Consists of El Paso Countv. (66) National ambient air quality standard--Those stan- (izi) Beaumont-Port Arthur (BPA) one-hour ozone dards established under 42 United States Code, $7409, including nonattainment area (69 FR 16483) - Classified as a Serious ozone standards for carbon monoxide, lead, nitrogen dioxide, ozone, inhal- nonattainment area. Consists ofHardin, Jefferson, and Orangc Coun- able particulate matter, and sulfurdioxide. ties. (67) Net ground-level conccntration--The concentration or (iv) Dallas-Fort Worth one-hour ozone nonattain- an air contaminant as measured at or beyond the property boundary ment area (63 FR 8 128)- Classified as a Serious ozone nonattainment minus therepresentativeconcentration flowing onto a propcrty asmea- area. Consists ofCollin, Dallas,Denton, and Tarrant Counties. sured atany point. Where there isno expected influence of the air contaminant noking onto a property from other sources, the net ground (F) Ozone (eight-hour). level concentration may be determined by a measurement at orbeyond (i) HGB eight-hour ozone nonattainment area (69 the property boundary. FR 23936) - Classiiied as a Moderate ozone nonattainment area Con- (68) New source--Any stationary source, the construction sists of Brazoria, Chambers, Fort Bend. Calveston, Harris, Liberty, or modification of which was commenced after March 5, 1972. Montgomery, and Waller Counties. (69) Nitrogen oxides (N0~)--The sum of the n~tric oxide (ii) BPA eight-hour ozone nonattainment area (69 and nitrogen dioxidein the flue gas or emission point, collectively ex- FR 23936) - Classified as a Marginal ozone nonattainment area. Conpressed as nitrogen dioxide. sists ofHardin, Jefferson, and Orange Counties. (70) Nonattainment area--A defined region within the (iii) Dallas-Fort Worth eight-hour ozone nonattainstate that is designated by the United States Environ~nentalPro- ment area (69 FR 23936) - Classified as a Moderate ozonc nonaltaintection Agency (EPA) as failing to meet the national ambient air ment area. Consists of Collin, Dallas, Denton. Ellis. Johnson, Kaufquality standard for a pollutant for which a stalldart1 exists. Tile EPA man, Parker. Rockwall, and Tarrant Counties. will designate the area as nonattainmenl under the provisions of 42 United States Code, $7407(d). For the oficial list ant1 boundaries of (iv) San Antonio eight-hour ozone nonattainment nonattainment areas, see 40 Code of Federal Regulations Part 81 and area (69FR 23936) - Classified under the Federal Clean Air Act, Title



## ADOPTED RULES 

## August 10, 2007 32 TexReg49911, Part D, Subpart 1 (42 United States Code. $7502), nonattainment deferred to September 30,2005,or as extended by EPA. 

### (G) Sulfur dioxide. Nodesignated nonattainment areas. (71) Non-reportable emissions event--Any emissions event that in any 24-hour period does not result in an unautl~orized emission from any ernissions point cqual to or in excess of the reportable quantity asdefined in this section. (72) Opacity--The degree to which an emission ofair contaminants obstructs the transmission of light expressed asthe percentage of light obstn~cted as measured by an optical instru~nent ortrained observer. (73) Open-top vapor degreasing--A batch solvent cleaning process that is open to the air and that uses boiling solvent to create solvent vapor used to clean or dry parts througl~ condensation of the hot solvent vapors on the parts. (74) Outdoor burning--Any fire or smoke-producing process that is not conducted in a combustion unit. (75) Particulate matter--Any material, except uncombined water, that exists asa solid or liquid in the atmosphere or in a gas stream at standard conditions. (76) Particulate matter emissions--All finely-divided solid orliquid material, otherthan uncombined water, emitted to the ambient air as measured by United States Environmental Protection Agency Reference Method 5, as specified at 40 Code of Federal Regulations (CFR) Part 60,Appendix A, modified to include particulate caught by an impinger train; by an equivalent or alternative method! as specified at 40 CFR Part 51 ;or by a test method specified in all approvecl state implementation plan. (77) Petroleum refinery--Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils. lubricants, or other products through distillation ofcrude oil, orthrough the redistillation, cracking, extraction, reforming, or other processing of unfinished petroleunn derivatives. (78) PM,,,--Particulatematter with an aerodynamic dia~neter less than or equal to a nominal ten micrometers as measured by a reference method based on 40Code ofFederal Regulations (CFR)Part 50, Appendix 

### I, and designated in accordance with 40 CFR Part 53, or by an equivalent neth hod designated with that Part 53. (79) PM,"e~nissions--Finely-dividedsolid or liquid material with an aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 Codc of Federal Regulations Part 5 1, or by a test method specified in an approved state implementation plan. (80) Polychlorinated biphenyl compound--A co~npound subject to 40 Code of Federal Regulations Part 761. (81) Process or processes--Any action, operation, or treatment embracing chemical, com~nercial, industrial. or manufacturing factors suc11 as co~nbustion units, kilns, stills, dryers, roasters, and equipment used in connection therewith,and all othermethods orfor~ns of manufacturing orprocessing that may emit smoke. particulate matter, gaseous matter, or visible ernissions. (82) Process weight per hour--"Process weight" is the total weight ofall materials introduced or recirculated into any specific process tl~at may cause any discharge of air contaminants into the atmosphere. Solid fuels charged into the process will be considered as part ofthe process weight,but liquid and gaseous fuels and combustion air will not. The "process weight per hour" will be derived by dividing the total process weight by thc numbcr of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during that the equipment used to conduct the process is idle. For contin~~ous operation, the "process weight per hour" will be derived by dividing the total process weight fora 24-hour period by 24. (83) Property--All land under common control or ownership coupled with all improvementson such land, and allfixed or Inovable objects on such land, or any vessel on the waters of this state. (84) Reasonable fi~rther progress--Annual incremental reductions in emissions of the applicable air contaminant that are suficient to provide for attainment of the applicable national ambient air quality standard in the designated nonattainment areas by the date required in the state implementation plan. (85) Regulated entity--All regulated units, facilities,equipment, structures, or sources at one street address or location that are owned or operated by the sameperson. The tenn includes any property under comlnon ownershipor control identified in a permit orused in conjunction with the regulated activity at the same street address or location. Owners oroperators of pipelines, gathering lines, and flowlines under colnmon o\snership or control in a particular county may be treated as a single regulated entity for purposes of assessment and regulation of emissions events. (86) Remotereservoir cold solvent cleaning--Any cold solvent cleaning operationin which liquid solvent is pumped to a sink-like work area that drains solvent back into an enclosed container while parts arebeing cleaned, allowing no solvent to pool in tliii work area. (87) Reportable emissions event--Any emissionsevent that in any 24-hour period, results in an unautl~orized emission from ally emissions point equal to or in excess of the reportable quantity as defined in this section. (88) Reportable quantity (RQ)--Is as follows: (A) for individual air contaminant compounds and specifically listed mixtures by name or Che~nical Abstracts Service (CAS) number, either: (i) the lowest ofthe quantities: (I) listed in 40 Code of Federal Reg~ilations (CFR) Part 302. Table 302.4, the colu~nn "final RQ"; (II) listed in 40 CFR Part 355, Appendix A, the column "Reportable Quantity"; or (IIO listed as follows: (-a-) acetaldehyde - 1,000 pounds. except in the Houston-Galveston-Brazoria (HGB) and Beaumont-Port Arthur (BPA) ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) of this section, where the RQ mustbe 100pounds; (-b-) butanes (any isomer) - 5,000 pounds; (-c-) butenes (any isomer, except 1,3-butadrene) - 5.000 pomnds, except in the HGB and BPA ozonenonattainment areas as defined in paragraph (70)(E)(i) and (iii) of this section, where the RQ must be 100pounds; (-d-) carbon ~nonoxide - 5,000 pounds; (-e-) I-chloro-l ,I-dilluoroethane (HCFC142b) - 5.000 pounds; (-f-) chlorodifluoro~nethane (HCFC-22) - 5,000 pounds; (-g-) I -chloro- 1-fluoroethane (HCFC-I5la) - 5.000 pounds; (-11.) cl~lorofl~~o~~ometl~a~~e (HCFC-3I ) - 5,000 pounds;



### 32 TexReg4992 Airgust 10, 2007 TexasRegister(-i-) cliloropcntafluoroetIi~~~ic (CFC-1 15) - 5.000 pounds; (-j-) 2-cliloro-l,I,I ,2-tctralluoroethnne (HCFC- 124)- 5,000 pounds; (-k-) I -chloro-1,1,2.2 tetrall~~oroetliane (HCFC-124a) - 5,000 pounds; (-I-) 1.1, 1,2,3,4,4,5,5,5-decalluoropcntanc (HFC43-IOmee) - 5,000 pounds; (-m-) dccanes (any isomer) - 5.000 pounds; (-!I-) I,I-dichloro- I-Huoroctlianc (HCFC141b) - 5,000 pounds; (-o-) 3,3-dichloro-1.1.2.2-penlalluoropropanc (HCFC-225ca) - 5,000pounds; (-p-) 1,3-dichloro- 1,1,2.2,3-pentalluoropropane (HCFC-225cb) 

## - 5,000pounds; (q-) 

### I ,2-dichloro-

### I.I ,2,2-tetrafluoroetlia~ie (CFR-I 14) - 5,000 pounds; (-r-) I.

### I -dichlorotctrafl~~oroetlia~ie(CFCI 1421) - 5,000 pounds; (-s-) 1,2-dichloro- 1,1,2-trifl~1oroethane (HCFC- 123a) - 5,000 pounds; (-t-) I ,I-difluoroethane (HFC- 152a) - 5,000 pounds; (-U-) difluoro~netliane (HFC-32) - 5,000 pounds; (-v-) ethanol - 5,000 pounds; (-w-) ethylene - 5,000 pounds, except in the HGB and BPA ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) of this section, where the RQ must be 100pounds; (-X-) ethylfluoride (HFC-16 1) - 5.000 pounds; (-y -) 1 ,I,1,2,3,3,3-heptafluoropropanc (HFC-227ea); (-z-) I,1,1,3,3,3-hexafluoropropane (HFC236ra) - 5,000pounds;(-aa-) I,I,1,2,3,3-hexafluoropropane (HFC-236ca) - 5,000 pounds; (-bb-) hexanes (any isomer) - 5,000 pounds; (-cc-) isopropyl alcohol - 5,000pounds; (-dd-) mi~ieral spirits - 5,000pounds; (-ee-) octanes (any isomer) - 5,000 pounds; (-ff-) oxides of nitrogen - 200 pou~idsin ozone nonattainment, ozone maintenance, early action compact areas, Nueces County, and San Patricio County, and 5,000 pounds in all other areas of the state, which should be used instead of the RQs for nitrogen oxide and nitrogen dioxide provided in 40 CFR Part 302, Table 302.4. the column "final RQ"; (-gg-) pentaclilorofluoroetl~ane (CFR-

### I I I ) - 5,000 pounds; (-hli-) I,I,I,3,3-pentafluorobutane (HFC3651nfc)- 5,000 pounds; (-ii-) pcntafluoroethane (HFC-125) - 5.000 pounds; (-IJ-) 1,1,2.2,3-pentafluoropropane 245ca) - 5,000pounds;(-kk-) 1,1.2.3,3-pentafluoropropane 245ea) - 5,000pounds,(-]I-) I,1.I .2.3-pentafluoropropane 245cb) - 5,000pounds,(-mm-) 1.I .I ,3,3-pentafluoropropane (HFC-245fa) - 5,000 pounds, (HFC- (HFC- (HFC- (-pp-) propylene - 5,000 pounds, cxcept in 11icHGB and BPA ozone nonattain~nent areas as defined in paragraph (70)(E)(i) and (iii)ortliis section, where tlie RQ must be 100 pounds; (-qq-) 1,1,2.2-teraclilorodifluoroetliane (CFR

- l 12) - 5,000 po~~nds; (-rr-) I .I. 1-2-tetrachIorodifluoroetlianc (CFC-I 1 2a) -5.000 pounds; (-ss-) I,I ,2,2-tetrafluoroethane (HFC- 134) - 5,000 pounds; (-tt-) I,I .I .2-tctrafluoroethane (HFC- 134a) - 5,000 pounds; (-uu-) 

### i ,I.2-tricliloro-l,2,2-trifluorocthane (CFR-I 13) - 5.000 pounds; (-vv-) I,I,I -trichloro-2,2,2-trilfloroelhane (CFC-I I3a) - 5,000 pounds; (-ww-) I,I,I -trifluoro-2,2-dichloroctliane (HCFC-123) - 5,000 pounds; (-xx-) I ,I,I-trifluoroethane (HFC-143a) - 5,000 pounds; 

### (-yy-) trifluoro~nethane (HFC-23) 

## - 5.000 pounds; or (-zz-) toluene - 1,000 pounds, except in the HGB and BPA ozone nonattainment areas as defined in paragraph (70)(E)(i) and (iii) ofthis section, where the RQ must be 100pounds; (ii) if not listed in clause (i) of this subparagraph, 100pounds; (B) for ~nixtures orair contaminant compounds: (i) where the relative amount of individual air contaminant compounds is known through common process knowledgeor prior engineering analysis or testing, any amount of an individual air co~itaminant compound that equals or exceeds the amount specified in subparagrapli (A) of this paragraph; (ii) where the relative amount of individual air contaminant co~npounds in subparagraph (A)(i) of this paragraph is not known, any amount of the mixture that equals or exceeds the amount for any single air conta~ninant compound that is present in the mixture and listed in subparagraph (A)(i) of this paragraph; (iii) where each of the individual air contaminant compounds listed in subparagraph (A)(i) of this paragraph are known to be lesstlian 0.02%by weightorthemixture,and each oftlicother individual air contaminant compounds covered by subparagrapli (A)(ii) orthis paragraph are known to be less than 2.0% by weight oftlie mixture, any total amount of tlie mixture of air contaminant compounds greater that1 or equal to 5,000 pounds; or (i~,) where natural gas excluding carbon dioxide, water, nitrogen, methane, ethane, noble gases, hydrogen, and oxygen or air emissions rrom crude oil are known to be in an amount greater tlian or equal to 5,000pounds or the associated hydrogen sulfide and mercaptans in a total amount greater than 100 pounds, wh~cliever occurs first; (C) foropacity from boilers and combustion turbines as defined in tliis section fueled by natural gas, coal, lignite, wood, fuel oil containing hazardous air pollutants at a concentration of less than 0.02%by weight, opacity that is equal to orexceeds 15additional percentage points above the applicable limit, averaged over a six-minute period. Opacity is the o~ily RQ applicable to boilers and combustion turbines described in tliis paragraph; or (-nn-) pentanes (any isomer) - 5.000 pounds; (D) for facilities where air contaminant compounds are (-00-) propane - 5,000pounds; measured directly by a continuous emission monitoring system providing updated readings at a minimum I 5-minute interval an amount,



## ADOPTED RULES Ailgust 10, 2007 32 TexReg4993approved by the executive director based on any relevant conditions and a screening model, that would be reported prior to ground level concentrat~ons reaching at any distance beyond the closest regulated entity property line: (i) less than one-half of any applicable ambient air standards; and 

### (ii) less than hvo times the concentration of applicable air emission limitations. (89) Rubbish--Nonputrescible solid waste, consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials. Nonco~nbustible n~bbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials that will not bum at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). (90) Scheduled mainteuance, startup, or shutdown activity--For activities with unauthorized emissionsthat are expected to exceed a reportable quantity (RQ), a scheduled maintenance. startup, or shutdown activity is an activity that the owner or operator of the regulated entity whether performing or otherwise affected by the act~vity, provides prior notice and a final report as required by $10 1.21

### I of this title (relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements); the notice or final report includes the infonnation required in $ 101.211 of this title; and the actual unauthorized ernissions from the activity do not exceed the emissions estimates submitted in the initial notification by more than an RQ. For activities with unauthorized emissions that are not expected to, and do not, exceed an RQ, a scheduled maintenance, startup, or shutdown activity is one that is recorded as required by 

## 5 101.211 of this title. Ex~ected excess ooacitv events as described in 

### 6 101.201(e)



## . , of this title (relating to Emissions Event Reporting and Recordkeeping Reouirements)resulting from scheduled maintenance. startup, or shutdoh activities are those that provide prior notice (ifrequired), and are recorded and reported asrequired by $ 101.21 1 of this title. (91) Sludge--Any solid orsemi-solid, orliquid waste generated fro111a municipal, commercial, or industrial wastewater treatment plant; water supply treatment plant, exclusive of the treated emuent from a wastewater treatment plant; or air pollution control equipment. (92) Smoke--Small gas-bonl particles resulting from incomplete combustion consisti~~g predominately of carbon and other combustible material and present in sufficient quantity to be visible. (93) Solid waste--Garbage, rubbish, refuse, sludge from a waste water treatment plant, water supply treatment plant, or air pollution control equipment, and other discarded material, including solid, liquid, semisolid, orcontainerized gaseous material resulting from industrial, municipal, comnlercial, mining, and agric~~ltural operations and from community and institutional activities. Theterm does not include: (A) sol~d or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial d~scl~arges subject to reg~~lation by pennit issued under the Texas Water Code, Chapter 26; (B) soil,dirt, rock. sand,and othernatural or man-made inert solid materials used to fill land, ifthe object of the fill is to make the land suitable for the construction of surface improvements; or (C) waste materials that result from activities associated with the exploration, development, or production of oil or gas, or geother~nal resources, and other substance or material regulated by the Railroad Commission of Texas under Natural Resources Code, $91.101,unless thewaste, substance,ormaterial ~.esults from activities associated with gasoline plants, nat~~ral gas liquids processing plants, pressure maintenance plants, orrepressurrzing plants and IShazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, asamended (47 United States Code, 4S6901 elseq.). (94) Sour crude--A crudc oil that will emit a sour gaswhen in equilibrium at atmospheric pressure. (95) Sour gas--Any natural gas containing more than 1.5 grains of hydrogen sulfide per 100 cubic feet, or more than 30 grains of total sulfur per 100cubic feet. (96) Source--A point oforiginofair contaminants, whether privately or publicly owned or operated. Upon request of a source owner, the executive director shall determine whether multiple processes emitting air contaminants from a single point of emission will be treated as a single source or as multiple sources. (97) Special waste from health care-related facilities--A solid waste that if improperlytreated or handled, may serve to transmit infectious disease(s) and that is comprised of the following: animal waste, bulk blood and blood products, ~nicrobiological waste, pathological waste, and sl~arps. (98) Standard cond~tions--A cond~t~on at a temperature of 68 degreesFahrenheit (20 degrees Cent~grade) and a pressure of 14.7 pounds per square inch absolute (I 01.3 kiloPascals). (99) Standard metropolitan statistical area--An area consisting of a county orone or more contiguous counties that is oficially so designated by the United States Bureau ofthe Budget. (100) Submerged fillpipe--Afill pipe that extends from the top of atank to have amaximum clearance ofsix inches (I5.2 centimeters) from the bottom or,wllen applied to atank that isloaded from the s~de. that has a discharge opening entirely submerged when the pipe used tow~thdraw liquid fromthetank can nolonger withdraw liqu~d in normal operation. (10 1) Sulfur compounds--All inorganic or organic chemicals having an atom or atoms of sulfi~r in their chemical structure. (I 02) Sulfuric ac~d ~nistisulfuric acid--Emissions of sulfuric acid mist and sulfi~ric acid are considered to be the same air contaminant calculated asH,SO, and 1n11st include sulfuricacid liquid mist, sulfur trioxide, and sulfuric acid vapor as measured by Test Method 8 in 40 Code of Federal Regulations Part 60, Appendix A. (103) Sweet crude oil and gas--Those crude petroleum llydrocarbons that are not "sour" as defined in this section. (104) Total suspended particulate--Particulate matter as measured by the method described in 40 Code of Federal Regulations Part 50, Appendix B. (105) Transfer efficiency--The amount of coating solids deposited onto the surface or a part of PI-oduct divided by the total amount of coating solids delivered to thecoating application system. (106) True vapor pressure--The absolute aggregate partial vapor pressure. measured in pounds per square inch absolute, of all volatile organic compounds at the temperature of storage, handling, 01- pl-ocess ing.

( 107) Unauthorized emissions--E~nissionsof any air contaminant except carbon dioxide, water. nilroyen, methane. ethane, no

## 32 TexReg 4994 Aligllst 

## 10, 2007 T~xas Registerblc gases, hydrogen,andoxygenthat cxcecdany air emission limilalion in a pennit, rule, or order ofthe commission or as authorizetlby Texas Clean Air Act, $382.0518(g). (108) Unplannedmaintenance, startup, or sl,~~tdownaetivity--For activitics with ~~nauthorized e~iiissiotis that arc exlicctctlto exceed a reportable quantity or with excess opacity, an unplannctl maintenance, startup, or shutdown activity is: (A) a startup or shutdown that was not part of normal or routine facility operations, is unpredictable as to timing, ant1 is not the type ofevent normally authorized by pennit; or 

### (B) a maintenance activity that arises from sudden and unroresecable events beyond the control of the operator that requires the i~n~nediatc corrective actionto minimize or avoid an upset or ~nalfunction. (109) Upset event--An unplanned and unavoidable breakdownor excursionofaprocessor operationthat results in unauthorized emissions. A maintenance, startup, or shutdown activity that was reported under$101.2 1 Iofthis title (relatingto Scheduled Maintenance, Startop, and Shutdown Reportingand Recordkeeping Requirements). but had emissions that exceeded the reported amount by more than a rcportable quantity due to an unplanned and unavoidable breakdown or excursion ofaprocess or operation is an upset eve111. (1 10) Utility boiler--A boiler uscd to produce electric power, steam, or heated or cooled air, or other gases or fluids for sale. ( 1 11) Vapor combustor--A partially enclosed combustion device used to destroy volatile organic compounds by stnokeless combustion without extractingenergy inthe form of process heat or steam. The combustion flame may be partially visible, but at no time does the device operatewith an uncontrolledflame. Auxiliary fuel andlor a flame air control dampingsystem that can operateat alltimes to control the airlfuel ~nixture to the combustor's flame zone, may be requiredto ensure smokeless combustion during operation. (1 12) Vapor-mounted seal--A primary seal mounted so there is an annular space underneath the seal. The annular vapor space is bounded by the bottomofthe primary seal, the tank wall, the liquid surface, and the floating roof or cover. (1 13) Vent--Any duct, stack, chimney, Rue, conduit, or other device used to conduct air contaminants into tile at~nosphere. (I 14) Visible emissions--Particulateor gaseous matter that can be detected by the human eye. The radiant energy from an open Ilame is not considered avisible emission under this definition. (1 15) Volatile organic compound--Asdefined in 40 Code of Federal Regulations $51.100(s), except $51.100(~)(2)- (4), as amended on November 29,2004 (69 FR 69290). (1 16) Volatile organic compound (VOC) water separator-- Any tank, box, sump, or other container inwhich any VOC, floating on or containedinwater enteringsuch tank, box, sump, or other container, is physically separated and removed from such water prior to outfall, drainage, or recovery ofsuch water. This agency herebycertifies that the adoption has beenreviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on July 27. 2007. TRD-200703287 Robert Martinez Director, Environmental Law Division Texas Commission on EnvironmentalQuality Effective dale: August 16,2007 Proposal publication date: February 23, 2007 For further information, please call: (512)239-6087


### 30 TAC 5101.22 STATUTORY AUTHORITY The repealed section is adopted under Texas Water Code (TWC), 95.102, concerning General Powers, that provides the commissionwith the general powers to carry out its duties under the Texas Water Code; TWC. S5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; TWC, 95.105, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas Health and Safety Code (THSC). $382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The repealed section is also adopted under THSC, $382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; 9382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and $382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. The repealed section implements THSC. $§382.002, 382.011, 382.012, and 382.017. This agency herebycertifiesthat theadoption hasbeen reviewed by legal counsel andfound to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on July 27, 2007. TRD-200703288 Robert Martinez Director, Environmental Law Division Texas Commission on EnvironmentalQuality Effective date: August 16. 2007 Proposalpublication date: February 23, 2007 For further informalion,please call: (512)239-6087


## SUBCHAPTER 

## H. EMISSIONS BANKING AND TRADING DIVISION 1. EMISSION CREDIT BANKING AND TRADING 30 TAC $101.302, $101.306 STATUTORY AUTHORITY The amended sections are adopted under Texas Water Code (TWC), $5.102, concerning General Powers, that provides the commissionwith the general powersto carry out its duties under the Texas Water Code; TWC, $5.103, concerning Rules, that



## ADOPTED RULES August 

## 10, 2007 32 TexReg4995authorizes the commission to adopt rules necessary to carry (D) the facility's annual emissions prior to the reducout its powers and duties under the Texas Water Code; TWC, tion strategy must have been reported or represented in the emissibns $5.105, concerning General Policy,that authorizesthe commis- inventory used in the SIP. sion by rule to establish and approve 

### all general policy of the commission; and under Texas Health and Safety Code (THSC), (2) Mobile emission reduction credits are certified reduc- $382,017, 

### concerning Rules, that authorizes the commission to lions the requirements: adopt rules consistent with thepolicy and purposes of theTexas Clean Air Act. The amended sections 

### are also adopted under THSC, $382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; $382.011, concerning General Powers and Duties, that authorizes the commission to control the quality 

### of the state's air; and $382.012, concerning State Air Control Plan, that authorizesthecommission to prepare and develop 

### a general, comprehensive plan for the proper control of the state's

### air. The amended sections are 

### also adopted under THSC,$382.014, concerningEmission Inventory,that authorizes the commission to require 

### a person whose activities cause air contaminant emissions to submit information to enable the commission to develop an emissions inventory; and $382.016, concerning Monitoring Requirements; Examination of Records, that authorizesthe commission to prescribe reasonable requirementsforthemeasuring and monitoring of 

### air contaminant emissions. Theamended sections arealso adopted under42United States Code, $7410(a)(2)(A), that requires SIPSto include enforceable measures 

### or techniques, including economic incentives such asfees,marketable permits, and auction of emission rights. The amended sections implement THSC, $5382.002, 382.011, 382.012, 382.014, 382.016, and 382.017. $101.302. GetieralProvisions. (a) Applicable pollutants. Reductions of criteria pollutants, excluding lead, or precursors of criteriapollutants for which an area is designated nonattainment, may qualify asemission credits. Reductions of one pollutant may not be used to meet the requirements for another pollutant, unless urban airshed modeling demonstrates that one ozone precursor may be substituted for another, subjectto executive director and United States Environmental Protection Agency (EPA) approval. (b) Eligible generatorcategories. Thefollowing categoriesare eligible to generate emission cred~ts: (1) facilities, including area sources; (2) mobile sources; and (3) any facility, including area sources. or mobile source associated with actions by federal agencies under 

### 8 101.30 of this tltle (relating to Conformity ofGeneral Federal Actions to Stale Implementation Plans). (c) Emission credit requirements (1) Emission reduction credits are certified reductions that meet the following requirements: (A) reductions must be enforceable, permanent, quantifiable, real, and surplus; ' (B) the certified reduction must bc surplus at the time ~t is created, as well as when it is ~~secl; (C) in order to become certified. the reduction must have occurred after the most recent year of emissions invento~y ~~scd in the state implementatio~l plan (SIP); and (A) reductions must be enforceable, permanent, quantifiable, real, and surplos; (B) the certified reduction must be surplus atthe time it is created, as well as when it is used; (C) in order to become certified, the reduction must have occurred after the most recent year of emissions inventory used in the SIP; (D) the inobile source's annual emissions prior to the emission credit application must have been represented in the emissions inventory used in the SIP; and (E) the mobile sources must have been included in the attainment demonstration baseline emissions inventory. (3) E~nission reductions from a facility or mobile source that are certified as emission credits under this division cannot be recertified in whole orinpart as creditsunder another divisionwithin this subchapter. (d) Protocol. (I) All generators or users of emission credits shall use a protocol that has been submitted by the executive director;to the EPA for approval, if existing for the applicable facility or mobile source, to measure and calculate baseline emissions. If the generator or user wislles to deviate from a protocol submitted by the executive director, EPA approval is required before the protocol can be used. Protocols must be used as follows. (A) Facilities subject to the en~issionspecifications under (j$117.110, 117.210, 117.310, 117.410, 117.1010, 117.1110, 117.1210, 117.1310, 117.2010, or 117.2110 of this title (relating to Emission Specifications for Attainment De~nonstration; Emission Specifications for Eight-Hour Attainment Demonstration; and Emission Specifications) shall quantify reductions in nitrogel1 oxide emissions using the testing and monitoring methodologies identified to show compliance with the emission specification. (B) Facilities subject to the requirements under $$115.112, 115.121, 115.122, 115.162, 115.211, 115.212, 115.352. 115.42l. 115,541,or 115.542of this title (relating to Control Requirements; and Emission Specifications) shall quantify volatile organic compound reductions using the testing and monitoring ~nethodologies identified to show compliance with the emission specifications or requirements. (C) Ifthe executive director has not submittecl a protocol Tor the applicablefacility ormobile source tothe EPA for approval. tlle following requirements apply: (i) the amount of emission credits from a facility or mobile source, in tons per year, will be determined and certified based on quantification methodologies at least as stringent as thc methocls used to demonstrate compliance with any applicable req~~irements for the facility ormobile source; 

### (ii) the generator shall collect relevant clala suficicnt to cliaracterize the facility's or mobile source's emissions of tllc affected pollutant and the facility's or mobile source's activity level for a1l representative phases of operation in order to characterize the ~xilit~.s-or mobile source's baseline emissions;



## 32 TexReg

## 4996 Azlgust 10, 2007 TexasRegister(iii) f;~cilities wllli conlinuous emissions monitoring systems or predictive emissions monitoring systems in place sliall use tliis data in quantifying actual emissions; (iv) tlie chosenquantilication protocol must bemade available for public comment for a period of30days and must be viewable on tlie commission's Web site;
(1) tlie chosen quant~lication protocol and any commentsreceived during the public comment period shall be submitted to tlic EPA for a 45-day adequacy review; and (11;) quantification protocols shall not be accepted for use with this division if tlie executive director receives a letter objecting to the use of the protocol from the EPA during the 45-day adequacy review or tlie EPA adopts disapproval of the protocol in the Federal Register. (2) In tlie event that the monitoring and testing data required under paragraph (I)of this subsection ismissing orunavailable, tlie facility may report actual emissions for that period of time using these listed methods in tlie following orderofpreference to determine actual emissions: (A) continuous monitoring data; (B) periodic monitoring data; (C) testing data; 

### (D) manufacturer's data; (E) EPA ConipilrrriotiofAir Pollt~tion EmissionFactors (AP-42), September 2000; or (F) material balance. (3) When quantifying actual emissions in accordance with paragraph (2) of this subsect~on, the generator shall use the most conservative~netliod forreplacing the missing data, submit thejustification fornot uslng tile methods in paragrapli (1) ofthis subsection, and submit the iustificatio~~ for the nietliod used. (e) Credit certification. (1) Theamount of emission credits in tons per year will be determined and certified. to the nearest tenth ofa ton per year. (2) Applications for certification will be reviewed in order to determine the cretlibility of tlie reductions. Reductions determined to be creditable will be certified by the executive director. (3) The applicant will be notified in writing if the executive director denies tlie emission credit application. Tlie applicant may submit a revised application in accordance with the requirements of this division. (4) If a facility's or mobile source's actual emissions exceed its allowable emission limit, reductions of emissio~ls exceeding the limit may not be certified as emission credits. (5) Applications for'certification of emission credit from reductions quantified under subsection (d)(l)(C)of this section may only be approved upon conipletion of the public commentperiod. (f) Geographic scope. Except as provided in 5101.305 ofthis title (relating to Emission Reductions Achieved Outside the United States), only emissionreduct~ons generated in nonattainment areas can be certified. An emission credit must bensed in the nonattainment area in which it is generated unless the user has obtained prior written approval ofthe executive director and tlie EPA; and (1) a demonstrat~on has been made and approved by the executive d~rector and tlie EPA to sliow that the emission reductions acliievetl in another counly or state provide an improve~nenl to tlic air qu;ility in tlie county of use; or (2) tlie emission credit was generated in a nonattain~nenl area that has an equal or higher nonattainment classification than the nonattainment area ofuse, and a demonstration has been made and approved by tlie executive director. and the EPA to sliow that tlie emissions from the nonattainnicnt area where the emission credit is generatcd contribute to a violation of tlie national ambient air quality standard in the nonattainmcnt area of use. (g) Recordkeeping. The generator shall maintain acopy of all notices and backup infonnation submitted to the registry for a minimum of five years. The user shall maintain a copy of all notices and backup information submitted to tlie credit registry from the beginning of the use period and for at least five years after. The user shall also make suchrecords available upon request to representatives of tlie executive director, EPA, and any local enforcement agency. The records must include, but not necessarily be lim~ted to: (I) the name, emission point number, and facility identification number ofeach facility orany other identifying number foreach mobile source using emission crcdits; (2) the ainount of emission credits being used by each facility or mobile source; and (3) the specific number, name, or other identification of emission credits used for each facility or mobile source. (11) Public information. All infonnation submitted with notices, reports, and trades regarding the nature, quantity, and salesprice of emissions associated with the use, generation, and transfer of an emission credit is public information and may not be submitted as confidential. Any claim of confidentiality for this type of information, or failureto submitall infonnation, mayresult in the rejectionof the emission credit application. All nonconfidential notices and information regarding the generation,availability, use, and transfer ofemission credits sliall be immediately made available to the public. (i) Authorization to emit. An emission credit created under this divisionis alimited authorization to emitthepollutants identified in subsection (a) of this section, unless otherwise defined, in accordance with the provisions of this section, 42 United States Code, $97401 el seq., and TexasHealth and Safety Code. Chapter 382,aswell asregulations promulgated thereunder. An emission credit doesnot constitute a property right. Nothing in this division may be construed to limit the authority of the commission or the EPA to terminate or limit such authorization. (1) Program participation. The executive director has tlie authority toprohibit an orga~~izatio~i from participating in emission credit trading either asa generator oruser, ifthe executive directordetermines that tlie organization has violated the requirements of the program, or abused the privileges provided by tlie program. (k) Co~npliance burden. Users may not transfer their compliance burden and legal responsibilities to a third-party participant. Third-party participants may only act in an advisory capacity to the user. (1) Credit ownership. The owner of the initial emission credit certificateshall bethe owner oroperatoroftlie facility or mobile source creating the emission reduction. Tlie executive director may approve a deviation from th~s subsect~on cons~dering factors such as, but not limited to: (1) whether an ent~ty other than tlie owner or operator of tlie facilityormobile source ~ncurred thecost oftlie ernission reduction strategy; or



## ADOPTED RULES August 10,2007 32 TexReg 4997(2) wlnetlner the owner or operator oftlie facility or mobile source lacks the potential to generate 1/10ton ofcredit. $101.306. Emissiou Credit Use. (a) Uses for emission credits. Unless precluded by a commission order or a condition or conditions within an authorization under tlie same commission account number, emission credits may be used as tlie following: (I) offsets fora new source,asdefined in Ij I0I.I ofthis title (related to Definitions), ormajor modificationto an existing source; (2) mitigation offsets for action by federal agencies under $101.30ofthistitle (relatingto Conformity ofGeneral Federal Actions to StateT~nplementation Plans); (3) an alternative means of compliance with volatile organic con~pound and nitrogen oxides reduction requirements to the extent allowed in Chapters 114, 115, and I I7 of this title (relating lo Control ofAirPollutio~i fromMotorVehicles; Control ofAirPollution from Volatile Organic Compounds; and Control of Air Pollution from Nitrogen Compo~unds); (4) reductions certified as emission credits may be used in netting by the original applicant, if not used, sold, reserved for use, or otherwise relied upon, as provided in 

### 8 I 16.150 of this title (relating to New Major Source or Major Modification in OzoneNonatlain~nent Areas); (5) an annual allocation of allowances as provided in $ 101.356 and $101.399 of this title (relating to Allowance Banking and Trading); (6) compliancewith motorvehicle fleet requirements to the extent allowed by $1 14.201 of this title (relating to Mobile Eniission Reductio~i Credit Program); or (7) compliance with otlier requirements as allowable within the guidelines of local, state, and federal laws. (b) Credit use calculation. (1) Thenumber of e~nissio~i credits needed by the user for offsets shall be determined as provided in $1 16.150 of this title. (2) For emission credits used in con~pliance with Chapters 114, 115, or I17 of this title, the number of emission credits needed should be detennined according to the following equation plus an additional 10%to be retired as an environmental contribution. Figure: 30 TAC I01.306(b)(2) (No change.) (3) For emission credits used to comply with $$I17.123, 117.223, 117.320, 117.323, 117.423, 117.1020, 117.1120,or 117.1220 of this title (relating to Source Cap; and System Cap), the number of emission credits needed for increasingtlie 30-day rolling averageemission capor ~naxi~nu~n daily cap sliould be detennined accordingto the following equation plus an additional 10% to be retired as an environmental co~ltribution. Figure: 30 TAC Ij 101.306(b)(3) (4) Emission credits used for compliance with any other applicable program sl~ouid bc determined in accordance with the requirements of that program and 1nus1 contain at least 10%extra to be retired as an erlvironmental contrib~~tion, unless otherwise specifiedby that prograln. (c) Notice of intent to use e~nissioii credits (1) Foremission CI-edits which are lobe used asoffsets in a New SourceRevie~l permil inaccordancewit11Chapter I 16ofthis title (relating to Control of Air Pollution by Permits for New Construction orModification), the emission creditsmust be identified prior to permit issuance. Prior to construction, the offsels must be provided through submittal of a co~npleted EC-3 Form,Notice of Intent to Use Emission Credits, along with the orig~nal emission credit certificate. (2) For emission credits that are to be used for compliance with the requirements of Chapters 114, 115, or 117ofthis title or other programs, tlie user must submit a completed EC-3 Form alo~ng with the original emission credit certificate, at least 90daysprior to tlic planned use ofthe emission credit. Emission credits may be used only afterthe executive director grants approval of Uie notice of intent to use. The user must also keep a copy ofthe emission credit certificate, the noticc. and all backup in accordance with $IO1.302(g) of this title (relating to General Provisions). (3) If the executive director denies the facility or mobile source's use of emission credits, any affected person by the executive director's decision may file a motion for reconsideration within 60 days of the denial. Notwitlistanding the applicability provisions of $50.3l(c)(7) of this title (relating to Purpose and Applicability), the requirements of $50.39 of this title (relating to Motion for Reconsideration) shall apply. Only an affected person may file a motion for reconsideration. Thisagencyhereby certifiesthattheadoptionhasbeen reviewed by legal counseland foundtobe a valid exerciseof theagency's legal authority. Filed with the Office of the Secretary of Stateon July 

### 27, 2007. TRD-200703289 Robert MartInez Director, Environmental Law Dlvlslon Texas Commission on Environmental Quality Effective date: August 16,2007 Proposal publication date: February 23, 2007 For further information, please call: (512)239-6087


## DIVISION 3. MASS EMISSIONS CAP 

## AND TRADE PROGRAM 30 

### TAC @101.350, 101.351, 101.353, 101.354,101.360 STATUTORY AUTHORITY The amended sections are adopted under Texas Water Code (TWC), $5.102, concerning General Powers, that provides the commission with the general powersto carry outits dutiesunder the Texas Water Code; TWC, $5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; TWC, $5.105, concerning General Policy, that authorizesthe comrnission by rule to establish and approve 

### all general policy of the commission; and under Texas Health and Safety Code (THSC), $382.017, concerning Rules, that authorizesthe commission to adoptrules consistentwith the policy and purposes of the Texas Clean Air Act. The amended sections are also adopted under THSC, $382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; $382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and $382.012, concerning State Air Control Plan, that authorizesthe commission to prepare and develop a general, comprehensive plan for the proper control of the state's air. The amended sections are also adopted un

## 32 

## TexReg 4998 Ai~gusf 10,2007 

## TexasRegisterder THSC,S382.014,concerning Emission Inventory,that autho

### rizes thecommission

### to require a person whose activities cause air contaminant emissions to submit information to enable the commission 

### to develop an emissions inventory; and S382.016. concerning Monitoring Requirements; Examination 

### of Records, that authorizesthe commission toprescribe reasonable requirements

### forthemeasuring andmonitoring 

### of 

### air contaminant emissions. The amended sectionsare

### also adopted under 42 United States Code, §7410(a)(2)(A), that requires SIPS to rnclude enforceable measures 

### or techniques, including economic incentives such

### as

### fees,marketable permits, and auction 

### of emission rights. The amended sections implement THSC, §§382.002, 382.011, 382.012,382.014, 382.016, and 382.017.
(a) Allowances will be deposited into co~npl~ruicc accounts according to tlie following equation except as provided in subsection (b) or (h)of this section. Figure: 30 TAC $l01.353(a) (b) For a new andor modified facility that lias submitted,under Chapter 116 of this title (relating to Control of Air Pollution by Permit for New Construction of Modification), an application which the executive director has not determined to be administratively completc before January 2, 2001, or has qualified for a permit by rule u~ider Chapter 106of this title (relating to Permits by Rule) and lias not commenced construction before January 2, 200 1, allowances for each control period ortlie annual allocation rights shall be acquired from facilities already participating under this division, or in accordance with 

## 5 IO1.356(g) of this title (relating to Allowance Banking and Trading). (c) If actual emissions of nitrogen oxides during a control period exceed the amount of allowancesheld in a compliance account on March I following the control period, allowances for the next control period will be reduced by an amount equal to tlie emissions exceeding the allowances in the compliance account plus an add~tional 10%). This does not preclude additional enforcement action by the executive director. (d) Allowances will be allocated by the executive director, who will deposit allowances into each compliance account: (I) initially, by January 1, 2002; and (2) subsequently, by January I of each following year. (e) Theannual deposit for any control period may be adjusted by tlie executivedirector to reflectnew orexisting statei~nplementation plan requirements. (f) Allowances may be added ordeducted by the executive director from compliance accounts following tlie rcview of reports required under Q 101.359 of this title (relating to Reporting). (g) Theowner oroperator of a facility may, due to extenuating circ~unstances, request a baseline period more representativeofnol-ma1 operation as detennined by tlie executive director. Applications for extenuating circumstances must be submittedby the owneror operator of the facility to the executive director: (I) no later than June 30, 2001 to request an alteniat~ve three consecutive calendar year period for facilities in operation prior to January I, 1997; (2) no later than 90 days after completion of tlie basel~ne period to request up to two additional calendar years to establish a baseline pcriod for facilities whose baseline asdescribed by variable (2)(C) listed In tlie figurecontailled in 

### subsection (a)oI"1liis scction is not completc by Sune 30. 2001; or (3) at any tlme as authol.izcd by tlic executive director (11) Allowances calculatetl under subsection (a)ol'tliis section w~ll cont~~iue to be based 011historical activity levels, despite subsequent reductions in activity levels. If allowances are being allocated based on allowables and tlie Tacilitydoesnot achievetwo co~npleleconsecutive calendaryears of actual level of aclivitydata,then allowances will not continueto beallocated if tlic facility ceases operation or is not built.
(a) Allowances will be deducted in tenths of aton from a site's compliance account for a control period based upon the monitoring and testing protocols established in jjQ 1 17.335, 117.340, 117.1235, 1 17.1240. and 117.2035 of this title (relating to Initial Demonstration of Compliance; Continuous Demonstration of Compliance; and Monitoring and Testing Requirements). (b) In tlie event that tlie monitoring and testing data required under subsection (a) of this section is missing or unavailable, the facility may report actual emissions for that period of time using the following equation or other listed methods in the following order to determine actual emissions: continuous monitoring data;periodic monitoring data; testing data; manufacturer's data,and EPA Compila/ionof Air Poll~~tioi~ Elt~.ssio~i Factors (AP-42), September 2000. When reporting actual emissions as required under this subsection, the facility must also submit thejustification for not using the ~iietliods in subsection (a) of this section and the,justiiicationfor the method used. Figure: 30TAC 

### 9 101.354(b)(No change.) (c) If the protocol used to show compliance with tliis section differs from the protocol used by the commission to establish the allocationof allowancesunder

## 4 101.353 of this title (relating to Allocation of Allowances), the executive director may recalculate the number of allowances allocated per year for consistency between tlie methods. (d) When deducting allowances from a site's compliance account for a control period, the executive director will deduct the allowances beginning with themost recentlyallocated allowancesbefore deducting banked allowances. (e) Allowances shall be deducted from a site's compliance account in an amount equal to the nitrogen oxides (NO,) emissions increases from facilities not subject to an emission specification under 

### 5I 17.310orjj 1 17.2010ofthis title (relating to Emission Specifications forAttainment Demonstration; and Emission Specifications) which result from changes made after December 3I, 2000, to facilities subject to this division and $1 17.3IO(e)(3) or $1 17.20IO(f)of tliis title. Documentation detailing these increases in NO, emissions shall be included with the submittal of the ECT- I Form, Annual Compliance Report. (f) Allowances allocated in accordance wit11 the variables in (a)(2)(B) listed in the figure contained in Q I01.353(a) of th~s title may only be used by tlie facility for which they were allocated and may not be used by other facilities at the same site during tlie samecontrol period. (g) On March I after every control period, a site shall hold a quantity of allowances in its co~npliance account that is equal to or greater than the total NO, emissions emitted during tlie prior control period. Thisagencyherebycertifiesthattheadoption hasbeen reviewed by legal counsel andfound to be

### a valid exercise 

### of theagency's legal authority.



## ADOPTED RULES August 10,2007 32 

## TexReg4999Filed with theOffice

### of the Secretary 

### of S t a t e o n July 27, 2007. TRD-200703290 Robert Martinez Director. Environmental Law Division Texas Commission on Environmental Quality Effective date: August 16,2007 Proposal publication date: February 23,2007 For further information,please call: (512)239-6087


## DIVISION 

## 4. DISCRETE 

## EM1SSION CREDIT BANKING AND TRADING 30 TAC §101.372,§101.376 STATUTORY AUTHORITY The amended sections are adopted under Texas Water Code (TWC), 95.102, concerning General Powers, that provides the commission with thegeneral powerstocarryoutits duties under the Texas Water Code; TWC, 95.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out 

### its powers and duties under the Texas Water Code; TWC, $5.105, concerning General Policy, that authorizes the commission by rule to establish and approve 

### all general policy 

### of the commission; and under Texas Health and SafetyCode (THSC), 3382.017, concerning Rules, that authorizes the commission to adopt rules consistent with thepolicy and purposes of the Texas Clean Air Act. The amended sections are 

### also adopted under THSC, 9382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistentwith the protection of public health, general welfare, and physical property; 9382.011, concerning General Powers and Duties, that authorizes the commission to control the quality 

### of the state's air; and 5382.012, concerning State Air Control Plan, that authorizes thecommissionto prepare and develop 

### a general, comprehensive plan 

### for the proper control 

### of the state's air. The amended sections are also adopted underTHSC,9382.014, concerningEmission Inventory,that authorizes the commission torequire 

### a person whose activities cause 

### air contaminant emissions to submit information to enable the commission to develop an emissions inventory; and $382.016, concerning Monitoring Requirements; Examination 

### of Records, that authorizesthe commission to prescribe reasonable requirementsforthemeasuring and monitoring 

### of aircontaminant emissions. The amended sectionsare

### also adopted under42United States Code, 97410(a)(2)(A), that requires SIPS to include enforceable measures or techniques, including economic incentives such 

### as fees,marketable permits, and auction 

### ofemission rights. The amended sections implement THSC, 33382.002, 382.011, 382.012,382.014, 382.016, and 382.017. $101.37(>. Discrr/rEtuissiotl Ct~di~ Use. (a) Requil.ements to use discrete emission credits. Discrete ein~ssion credits may be used if the following requirements aremet. (I) Theuser shall have ownership of a s~~fficient amount of discrcte emission credits before the use period for \vhich the specific discl-eteemission cred~ts are to be used. 

### (2) The usel-shall hold sufficient discrete emission credits to cover the user's coml~liance obligation at all times. (3) The user shall acquire additional discrete e~nission credits during the use period if it is detennined the user does not possess enough discreteemission credits to cover the entire use period. The user shall acquire additional credits as allowed under this section prior to the shortfall, orbe in violation of this section. (4) Facility ormobile source operators may acquireand use only discrete emission credits listed on the registry. (b) Use of discrete emission credits. With the exception of uses prohibited in subsection (c)of this section or precluded by comnlission orderorconditionwith~n an authorization under the samecom- ~nission account number, discrete emission credits may beused tomeet or demonstrate compliance with any facility or mobile regulatory requirement including the following: (1) to exceed any allowableemissionlevel, ifthefollowing conditions are met: (A) in ozone nonattainment areas, permitted facilities may use discrete emission credits to exceed pennit allowables by no more than ten tons for nitrogen oxides or five tons for volatile organic compounds in a 12-monthperiod as approved by the executivedirector. This use is limited to one exceedance, up to 12 months within any 24-month period, per use strategy. Theuser shall demonstratethat there will be no adverse impacts from the use ofdiscrete emission credits at the levels requested; or (B) at permitted facilities in counties or portions of counties designated as attainment or unclassihed, discrete emission credits may be used to exceed permit allowables by values not to exceed the prevention of significant deterioration significance levels as provided in 40 Code of Federal Regulations (CFR) $52.21(b)(23), as approved by the executive director prior to use. This use is limited to one exceedance, up to 12 months within ally 24-month period, per use strategy. The user shall demonstrate that there will be no adverse impacts from the use of discrete emission credits at the levels requested; (2) as new sollrce review (NSR) permit offsets, if the following reqnirernenls aremet: (A) the user shall obtain the executive director's approval prior to the use of specific discrete emission credits to cover, at a minimu~n, one year of operation of the new or modified facility in the NSR per~nit; (B) the amount of discrete emission credits needed for NSR offsets equals the quantity oftonsneeded toachievethe maximum allowable emission level set in the user's NSR permit. Theuser shall also purchase and retire enough discrete emission credits to meet the offset ratio requ~rement in the user's ozone nonattainment area. The user sl~ali purchase and retire either the environmental contribution of 10% or the offset ratio, \vhichever is higher; and (C) the NSR pennit must meet the following requirements: (i) the pennit must contain an enforceable requirement that the facility obtain at least one additional year of offsets before continuing operation in each subsequent year; (ii) prior to issua~~ce of thepermit the user shall identify the discrete emission credits; and I)prior co starc of operation the user shall submit a co~npleted DEC-2 Fo1.m. Notice of Intent to Use Discrete Emission Credits. alo~~g with the original certif~cate;



## 32 TexReg5000 Aiig~ist 10, 2007 TexasRegister(3) to comply witli tlic Mass Emissions Cap and Trade Program requirements asprovided in $101.356(g) ofthis titlc (relating to Allowancc Banking and Trading); or (4) to comply with Chapters 114, 1 IS, and 117 ofthis title (rclaling to Control of Air Pollution from Motor Vchiclcs; Control of Air Pollution from Volatile Organic Compounds; and Control of Air Pollution from Nitrogen Compounds), as allowed. (c) Discreteemission crcdit usc prohibitions. A discretcemission crcdit may not bcused under this division: (I) beforc it has becn acquircd by thc user; (2) for netting to avoid tlie applicabilityof federal and state NSR rcquirements; (3) to meet (as codilietl in 42 Unitcd States Code (USC), Federal Clcan Air Act (FCAA)) req~~irenients for: (A) new source perforniance stantlartls under FCAA, $I l l (42 USC, $741 I); (B) lowest acliicvable emission rate standards under FCAA, $ 173(a)(2) (42USC, $7503(a)(2)); (C) best available control technology standnrtls under FCAA, $ 165(a)(4)(42 USC, $7475(a)(4)) or Texas Health and Safety Code, $382.05 18(b)(l); (D) hazardous air pollutants standards under FCAA, $1 12 (42 USC, $7412), including the requirements for maximum achievable control technology; (E) standards for solid waste co~nbustion untler FCAA, $ 129 (42 USC, $7429); (F) requirements for a vehicle inspection and maintenance program under FCAA, $182(b)(4) or (c)(3) (42 USC, $7511a(b)(4) or (cI(3)); (G) ozone control standards set under FCAA, $183(e) and (f) (42 USC, $751 1b(e) and 

### (0); (H) clean-heled vehicle requirements under FCAA, $246 (42 USC, $7586); 

### (I) motor vehicle emissions standal-ds under FCAA, $202 (42USC, $7521); 

### (J) standards for non-road vehicles under FCAA, $213 (42 USC, $7547); 

### (K) requirements for rcfonnulated gasoline under FCAA, $21 1 (k) (42USC, $7545); or (L) requirements for Reid vapor pressure standards under FCAA. $21 I(h) and (i) (42 USC, $7545(h) and (i)); (4) to allow an emissions increase of an air contaminant abovc a level authorized in a pennit or other autliorization tliat exceeds the limitations of $106.261 or $106.262 of this title (relating to Facilities (Emission Limitations); and Facilities (Emission and Distance Limitations)) except as approved by the executive director and the United States Environmetital Protection Agency. l'liis paragraph does not apply to limit the use of discrete emission reduction credits (DERC) or mobile discrete emission reduction credits In lieu of allowances under $ 101.356(li)of this title; (5) to authorize a facility whose emlsslons areenforceably limited to below applicable major source threslioltl levels, as defined in $ 122.10of this title (relating to General Defin~t~ons), to operate with actual emissions above those levels without triggering applicablc requirc~iients tliat would o~lierwisc bc triggered by such major source status; or (6) to exceed an 

### allowable emission level wlierc the exceedance would cause or contribute to ;I condition of air pollution as detcnuined by the executive director. (d) Notice of intent to use. (1) A completed DEC-2 Forni, signed by an authorized representative of tlie applicant shall bc subm~tted to the executive director in accordance with the following rcquirements. (A) D~scrcte emiss~on credits may be used only aftcr tlie applicant has submitted thc notice and rece~ved executive director approval. 

### (B) The application must bc submitted at least 45 days prior to the first day of the use period if tlie discrete emission credits werc generated from a facility, 90 days if tlie discrete emission credits wcre generated from a mobile source, and every 12 ~iionths tlicreafter for cach subsequcnt year if the use period exceeds 12 months. (C) A copy of the application shall also be sent to thc federal land manager 30 days prior to usc if the user is located within I00 kilometers of a Class 1 area, as listed in 40 CFR Part 81 (2001). (D) The application must include, but is not limited to, tlie following information for each use: (i) the applicable state and federal requirements that the discrete emission credits will be used to comply witli and the intended use period; (ii) tlie amount of discrete emission credits needed; (iii) the baseline emissionrate, activity level,and total emissions forthe applicable facility or mobile source; (iv) the actual emission rate, activity level, and total emissions for theapplicable facility or mobile source; (v) tlie most stringent emission rate and tlie most stringent emission level for the applicable facility or mobile source, considering all applicablc regulatory requirements; (vi) a complete description of tlie protocol, as submitted by the executive director to the United States Environmental Protection Agency for approval, used to calculate the amount of discrete emission credits needed; (vii) the actual calculationsperformed by tlie userto determine the amount of discrete emission credits needed; (viii) tlie datethat the discrete emission credits werc acquired or will be acquired; (ix) the discrete emission credit generator and tlie original certificate of the discrete emission credits acquired or to be acquired; (x) the price ofthediscreteemission creditsacquired or tlie expected price of the discrete emission credits to be acquired, except for transfers between sites under common ownership or control; (xi) a statement tliat due diligence was taken to vcrify that the discrete emission creditswere not previously used, tlie discrete emission credits were not generated as a result ofac~ionsprohibited under this regulation, and the discrete emission credits will not be used in a mannerprohibited under this regulation; and hii) a certification of use. that must contain certification underpenalty oflaw by aresponsibleofficial ofthe user oftruth, accuracy, and completeness. This certifcation must state tliat based on



## ADOPTED RULES

. 

## Augllst 10, 2007 32 TexReg 5001inrormatio~~ and belief fonned after reasonable inquiry, tl~e statements and infonnatio~~ in the document are true, accurate, and complete. (2) DERC use calculation. (A) To calculate the amount of discrete emission credits necessary to comply with $51 17.123. 1 17.223, 1 17.320, 1 17.323, 117.423, 1 17.1020. 117.1 120, 1 17.1220, or 1 17.3020 of this title (relating to Sourcc Cap; and Systern Cap),a user may usc the equations listed in those sections, or the following equations. (i) For the rolling average cap: Figure: 30 TAC $10I .376(d)(2)(A)(i) (ii) For maximum daily cap: Figure: 30 TAC $lOI,376(d)(2)(A)(ii) (B) The amount of discrete emission credits needed to demonstrate compliance ormeet a regulatory requirement is calculated as follows. Figure: 30TAC 1) 101.376(d)(2)(B)(No change.) (C) The amount of discrete e~nissio~l credits necded to exceed an allowable emissions level is calculated as follows. Figure: 30TAC $101.376(d)(2)(C) (No change.) (D) The user shall retire 10% more discrete emission credits tl~an are needed, as calculated in this paragraph, to ensure that tl~e facility or mobile source environmental contribution retirement obligation will be met. (E) Ifthe amount ofdiscrete emission credits needed to meet a regulatoryrequirement or to demonstrate compliance is greater than ten tons, an additional 5.0% of the discrete emission credits needed, as calculated in this paragraph, must be acquired to ensure that sufficient discrete emission credits are available to the user with an adequate compliance margin. (3) A user may submit a notice late in the case of an ernergency, but the notice must be submitted before the discrete emission credits can be used. The user shall include a complete description of the emergency situation in the notice ofintentto use. All othernotices submitted less than 45 days prior to use, or 90 days prior to use for a mobile source, will be considered late and in violation. (4) The user is responsible for detennining the credits it will purchase and notifying the executive director of the selected generating facility or mobile source In the notice of intent to use. If the generator's credits are rejected or the notice of generatio11is incomplete, the use of discrete emission credits by the user may be delayed by the executive director. The user cannot use any discrete emission credits that have not been certified by the executive director. The executive director may reject the use of discrete en~ission credits by a facility or mobile source if the credit and use cannot be demonstrated to meet the requirements ofthis sectio~~. (5) If the facility is in an area with an ozone seasoll less than 12 months, the user shall calculate the amount of discrete emission credits needed forthe ozoneseasol1separately from tl~e non-ozone season. (e) Notice of use. (I) The user shall calculate: (A) the amount of discrete emission credits used, including the amount ordiscreteemission credifs retired to covcr the environmental contribution, as described in subsection (d)(2)(C)of this section, associated w1t11actual use; and (B) the amount of discrete emission credits not used, including the amou~~t of excess discrete emission credits that were purchased to cover the environmental contribution, as described in subsection (d)(2](C) of this section,but not associaletl with the actualuse, and available for future use. (2) DERC use is calculated by the following equations (A) The amount of d~screte emission credits used to demonstrateco~npliance ormeet a regulatory requirement is calculated as follows. Figure: 30TAC 

### fi 101.376(e)(2)(A) (No change.) (B) The amount of discrete emission credits used to comply wit11permit allowables is calculated as follows. Figure: 30TAC $ 101.376(e)(2)(B) (No change.) (3) A DEC-3 Form, Notice of Use of Discrete Emission Credits, shall be submitted to the commission in accordance with the followi~~g requirements. (A) The notice must be submitted within 90 days after the end of the use period. (B) Thenotice must be submitted within 90 daysofthe conclusio~~ of each 12-month usc period, if applicable.

(C) Thenotice isto be used asthe mechanism to update or amend the notice of intent to use and must include any information different from that reported in the notice of intent to use, including, but not limited to, the following items: (i) purchase price of the discrete emission credits obtained prior to the current use period, except for transfers between sites under common ownership 01. control; 

### (ii) the actual amoont of discrete emission credits possessed during the use period; (iii) the actual emissions during the use period for volatile organic compounds and nitrogen oxides; (iv) tl~e actual amount of discrete emission credits used; (v) the actual environmental contribution; and (vi) the amount of discrete emission credits available for future use. (4) Discrete emissioll credits that are not used during the use period are surplus and remain available for transfer or use by the holder. In addition, any portion of the calculated environ~nentalcontribution not attributed to actual use is also available. (5) Theuseris in violation ofthis section if the user submits the report of use laterthan the allowed 90days following theconclusion of the use period. Thisagency hereby certifiesthattheadoptionhasbeenreviewed by legal counsel andfound 

### to be

### a valid exercise

### of the agency's legal authority. Filed with the Office of the Secretary of StateonJuly 27, 2007 TRD-200703291 Robert Martinez Director.Environmental Law Division Texas Commission on Environmental Quality EHective date: August 16,2007 Proposal publication date: February 23. 2007 For further information, please call: (51 2)239-6087



## 32 TexReg 5002 August 10,

## 2007 TextisRegister

## DIVISION 5. 

## SYSTEM CAP 

## TRADING 30 TAC $101.383, $101.385 STATUTORY AUTHORITY The amended sections are adopted under Texas Water Code (TWC), 55.102, concerning General Powers, that provides the commission with the general powers to carry out its duties under the Texas Water Code; TWC, 55.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; TWC, 55.105, concerning General Policy,that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas Health and Safety Code (THSC), 5382,017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amended sections are also adopted under THSC, 5382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; 5382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; and 5382.012, concerning State Air Control Plan, that authorizes the commissionto prepare and develop a general, comprehensive plan for the proper control of the state's air. The amended sections are also adopted under THSC. 5382.014, concerning Emission Inventory, that authorizes the commissionto require a person whose activities cause air contaminant emissions to submit information to enable the commission to develop an emissions inventory; and 3382.016, concerning Monitoring Requirements; Examination of Records,that authorizes the commission to prescribe reasonable requirements for the measuring and monitoring of air contaminant emissions. The amended sections are also adopted under 42 United States Code, 57410(a)(2)(A), that requires SIPSto include enforceable measures or techniques, including economic incentives such as fees, marketable permits, and auction of emission rights. The amended sections implement THSC, $5382.002, 382.011, 382.012, 382.014, 382.016, and 382.017. This agency herebycertifies that the adoption has been reviewed by legal counsel andfound to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on July 27, 2007 TRD-200703292 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: August 16, 2007 Proposal publication date: February 23. 2007 For further information, please call: (512) 239-6087


## CHAPTER 305. CONSOLIDATED PERMITS The Texas Commission on Environmental Quality (TCEQ or commission) adopts amendments to 55305.69, 305.175, 305.571, and 305.572. Section 305.69 is adopted with changes to the proposed text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1203). Sections 305.175, 305 571, and 305.572 are adopted without changes to the proposed text, and will not be republished. BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES The federal hazardous waste program is authorized under 53001 of the Resource Conservation and Recovery Act (RCRA) of 1976, 42 United States Code, 56921 et seq. States may obtain authorization from the United States Environmental Protection Agency (EPA) to administer the hazardous waste program at the state level. State authorization is a rulemaking process through which EPA delegates the primary responsibility of implementing the RCRA hazardous waste program to individual states in lieu of EPA. This process ensures national consistency and minimum standards while providing flexibility to states in implementing rules. State RCRA programs must always be at least as stringent as the federal requirements. Since the beginning of the federal hazardous waste program, the State ofTexas has continuously exercised its prerogative to participate in the EPA's authorization program. Texas received authorization of its hazardous waste "base program" under the RCRA on December 26, 1984. Texas received authorization for revisions to its base hazardous waste program for RCRA Clusters I and II on February 17, 1987. Texas submitted further revisions to its hazardous waste program and received final authorization of RCRA Clusters Illthrough X on March 15. 1990; July 23,1990; October 21,1991 ; December 4,1992; June 27,1994; November 26, 1997; October 18, 1999; September 11, 2000; and June 14, 2005. To maintain authorization, the commission must adopt regulations that meet the minimum standards of federal programs administered by EPA. Because the federal regulations undergo regular revision,the commission adopts new regulations to meet the changing federal regulations. The commission must adopt rule amendments that implement certain mandatory revisions to the federal hazardous waste program, which were made by EPA after June 30. 2000. In order for the State of Texas to maintain its RCRA authorization and continue to receive federal funding for the program, the mandatory federal rule changes in RCRA Clusters XI. XII. XIII, and XV must be incorporated into state rules. This adopted rulemaking includes the mandatory parts of RCRA Clusters XI, XII, XIII, and XV. Establishing equivalency with federal regulations will enable the State of Texas to increase its level of authorizationtooperate aspects ofthe federal hazardous waste program in lieu of the EPA. Additionally, the timely adoption of these federal rules allows the commission to continue receiving special project funding through the EPA Performance Partnership Grant. The Hazardous Waste Combustion Maximum Achievable Control Technology (MACT) regulations are multi-media at the federal and state level, affecting both air quality and hazardous waste management. The TCEQ has already adopted certain parts of Title 40 Code of Federal Regulations (CFR) Part 63, Subpart EEE (i.e., the Hazardous Waste Combustion MACT rules) prior to this adopted rulemaking under air quality regulations at Title 30, Texas Administrative Code (TAC), Chapter 113. This adopted rulemaking includes other parts of the federal combustion MACT program, which are codified at 40 CFR Parts 264, 265, 266, and 270. The adopted rule changes related to air quality are necessary to be consistent with previously adopted federal requirements.



## 3PTEDRULES Augnst 

## 10, 2007 32 TexReg 5003

### Figure: 30TAC

# 5 101.306@)(3) Calculation of Emission ReductionsNeeded for System Cap or Source Cap

N =

### the total number of emission units in the sourcecap 

# I i =

### each emissionunit in the source cap 

# I
Hi = 

### actual daily heat input, in million British thermal units 

### (MMBtu) per day, as calculated according to 

# $8117.123(b)(l)or (2), 117.223(b)(l) or (2), 117.320(~)(1) 

## - (3), 117.323(b)(l) or (2), 117.423@)(1)or (2), 117.1020(c)(l)or (2), 117.1120(c)(l) or (2), or 117.1220(~)(1) or (2) of this title 

### Ri = 

### the facility's emission factor, in pounds (Ib)/MMBtu, is defined as in $8117.123(b)(l) or (2), 117.223@)(1) or (2), 1

### 17.320(~)(1) 

# - (3), 117.323(b)(l) or (2), 117.423(b)(l) or (2), 117.1020(c)(l) or (2), 117.1120(c)(l)or (2),or 117.1220(~)(1) or (2) of this title 

### H,, =

### the maximum dailyheat input, in 

### MMBtu per day, expected for an emission unit during the use period 

## R, =

### the maximum emission factor, in Ib/MMBtu, expected for an emission unit during the use period

- 

## 32 TexReg5040 August 10,2007 Texas Register

### Figure: 30 

### TAC $101.353(a)

(1)

### A= number of allowances rounded totenths oftons; 

# I (2)B =

### the facility's baseline emission rate and is calculated as follows: 

# I I (A) For facilitiesin operation prior to January 1, 1997: 

# I

Where: LAg7 =

### the facility's level of activity, as certifiedby the executive director for 1997; LA98 =

### the facility's level of activity, as certified by the executive director for 1998; LA99 =

### the facility's level of activity, ascertifiedby the executive director for 1999; EFg7 =

### the facility's emission factor for 1997or the emission specificationsunder §$117.310, 117.1210,and 117.2010 ofthis title (relating to Emission Specifications for Attainment Demonstration; and Emission Specifications) (ESAD)whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or state regulation, rule, or permit limit), as certifiedby the executive director; EFg8 =

### the facility's emission factor for 1998or the emission specifications under ESAD, whichever ishigher, in pounds per unit of activity, (not to exceed any applicable federal or state regulation,rule, or permit limit), as certifiedby the executive director; EF9, =

### the facility's emission factor for 1999or the emission specifications under 

### ESAD, whichever is higher, in pounds per unit of activity, (not to exceed any applicable federal or state regulation, rule, or permit limit), as certifiedby the executive director. 

### (B) For existing facilities not in operation prior to January 1, 1997 and that have 

# 1

TABLESAND GRAPHICS Allgust 10,2007 32 TexReg 5041

### been in operation less than five complete consecutive calendar years beginning afterthe end of the adjustmentperiod andhave not established two years of baseline data:

Where: 

### LAAllowable =

### The level ofactivity authorized by the executive directoruntil such time two consecutive calendar years ofactual level of activity data is available; 

### EFAllowablc =

### The emission factor or the emission specifications under 

### ESAD, whicheverishigher, authorized by the executive directoruntil suchtime two consecutive calendar years ofactual emission data is available. 

### (C)For existing facilities not in operation prior to January 1, 

### 1997,

### and that have establishedtwo consecutive calendar years ofbaseline data out of the first five years ofoperationfollowingthe end of the adjustmentperiod:

Where: 

### LA =

### the facility's level of activity, ascertifiedby the executive director, for the first of anytwo consecutive years within the first fiveyears of operation; 

### LAYear-:! = 

### the facility's level of activity, as certifiedby the executive director, for the second of any two consecutiveyears within the first fiveyears of operation; 

### EFYoar-l =

### the facility's emission factor orthe emission specificationsunder 

### ESAD,whichever is higher, in pounds per unit of activity, (not to exceed any applicablefederal or state regulation, rule, orpermit limit), as certifiedby the executive director, for the first of any two consecutiveyears within the first five years of operation; 

### EF y,a,Z =

### the facility's emission factoror the emission specificationsunder 

### ESAD,whichever is higher, in poundsper unit of activity, (notto exceed any applicablefederal or state regulation, rule, orpermit limit), as certifiedby the executive director, for the second of any two consecutiveyears within the first five years of operation.



## 32 TexReg 5042 Aiigiist 10, 2007 TexasRegister

### (3)

### X =

### reduction factor,where: (A) For all boilers, auxiliary steam boilers, and stationary gas turbines (including ductburnersused in turbine exhaust ducts) withn an electric power generating system,as defined 

### in $117.10(14)(A)of this title (relating to Definitions), locatedin theHouston-Galveston-Brazorianonattainment area: (i) for January 1,2002 through March 31, 2003,

### X =

### 0.00; (ii) for April 1,2003throughMarch 31,2004, 

### X =

### 0.50; (iii) on or afterApril 1,2004,

### X = 

### 1.00; (B) 

### For facilities subjecttothe emission specifications under 

### $ 117.3 1 O(a)(l)(A) and 

### (B), (2)(A), (9,(8)(A)(i), (8)(B), (9)(A)(ii), (lo), or (11) 

### ofthis title: (i) for January 1,2002through March 31,2004,

### X =

### 0.00; (ii) for April 1,2004through March 31,2005,

### X =

### 0.47; (iii) for April 1,2005 through March 31, 2006,

### X =

### 0.80; (iv) for April 1,2006 through March 31,2007, X =

### 0.93; (v) on and after April 1,2007,

### X = 

### 1.00; 

### (C) For all other facilities: (i)

### forJanuary 1,2002through March 31,2004,X =

### 0.00; (ii) for April 1,2004throughMarch 31,2005,

### X =

### 0.389; (iii) for April 1,2005through March 31,2006,

### X =

### 0.667; (iv) forApril 1,2006through March 

### 3 1, 2007, 

### X =

### 0.778; (v) on and after April 1,2007,

### X = 

### 1.00; (D)Alternatively, facilities subject to the reduction factors under subparagraph

### B ofthis paragraph may elect to comply with the following: (i) for January 1,2002through March 3

### 1,2005,X=O.OO; (ii) on and after April 1,2005,X=1.00. (E) Election to comply with the alternative reduction schedule under subparagraph 

### (D) of this paragraph shallbe made by letter to the executive director no later than April 1,2003. (F) For calendar years which include two different reduction factors,the reduction factor shallbe adjusted usingthe appropriate ratio toreflect the



## TABLES

## AND GRAPHICS Arlgusf10, 2007 32 TexReg 5043

### number of months coveredby each reduction factor. 

### (4) LAHA 

### =

### historical average level of-activity,where: (A) For facilities in operationon or before January 1,1997,the average level of activity, as certifiedby the executive director, for 1997, 1998,and 1999;or 

### (B)For existing facilities which began operation after January 1, 1997,LAHA is: (i)the level of activity authorized by the executive director until such time two consecutive calendar years ofactual level ofactivity data is available, beginning after the end of the adjustment period; or (ii) when two complete consecutive calendar years of actual level ofactivity data is available, beginning after the end ofthe adjustment period, the level of activity becomes the average of the facility's actual level of activity over those two consecutive calendar years of actual level of activity data. 

### (5) 

### EFfiml =

### emission factor, aslisted in 

## $41 17.310, 1 17.12 10, or 

### I 17.2010ofthistitle. (6) 

### For facilities using alternative emission specifications asallowed in 

## 4 117.310(a)(17) or 

## 4 117.201 0(c)(6) of this title, the level of activity for any formula will be the lowest of the level of activity ascalculated in variables (2)(A), (2)(B),or the level of activity limited by an enforceable limit or commitment necessary to qualify for an alternative emission specificationin 

## 4 1

### 17.3

### 1O(a)(17) or

## 4 1 17.2010(c)(6)ofthis title.



## 32 TexReg 5044 August 10, 200 7 

## TexasRegister

## Figure: 30 TAC 410 1.376(d)(2)(A)(i)

Amount of DERCs Required = 

# [(EH, x 

# ER, 

# )- 

# (H,. x 

## R;)] x

# [

# &)

i=l 

## (tons) Where: d =

## thenumber ofdaysin the use period i =

## eachemissionunit in the sourceor systemcap 

## N =

## the total numberofemission unitsin the sourceor systemcap 

## Hi =

## actual daily heat input,inmillion British thermal units (MMBtu)per day,as calculated according to $§117.123@)(1),117.223@)(1),

## 117.320(~)(1) and (2),

, 

## 117.323@)(1),117.423@)(1),117.1020(c)(l), 1 17.1120(c)(l), 117.1220(~)(1), or 117.3020(c)of this title (relatingto SourceCap; and SystemCap)as applicable 

## Ri =

## actual emissionrate,inpounds(Ib)/MMBtu, as definedin $4117.123(b)(l), 11

7.223@)(1),117.320(~)(1) and (2), 117.323@)(1),117.423@)(1),117.1020(c)(l), 117.1120(c)(l), 117.1220(c)(l),or 117.3020(c) ofthis title asapplicable EH;=

## expected new daily heat input,in 

## MMBtuper day ERi=

## expectednew emission rate, in lb/MMBtu.



## TABLES

## AND GRAPHICS August 10,2007 32 

## TexReg5045

### Figure: 30TAC $

### lOl.376(d)(2)(A)(ii)

N 

## 1 Amount ofDERCS Required (tons)

## = 

## [(EHM~ER~)- 

# (HM~R~)]- i=l 

# 2000 Where: i =

### each emission unit in the source or system cap 

### N = 

### the total number ofemission units in the source or system cap 

### Ri= in IbIMMBtu, is defined as

### in $8117.123@)(2), 117.223(b)(2), 117.320(~)(3), 1

### 17.323(b)(2), 117.423@) (2), 117.1020(~)(2), 117.1120(c)(2),or 117.1220(~)(2) of this title (relatingto Source Cap; and System Cap) as applicable

HMi=

### the maximum daily heat input, in MMBtuIday, as defined in $8117.123@)(2),117.223@)(2), 117.320(~)(3), 117.323(b)(2), 117.423(b)(2), 117.1020(~)(2), 117.1120(c)(2),or 117.1220(~)(2) of this title as applicable 

### EHMi =

### expected new maximum dailyheat input, in MMBtuper day 

### ERi =

### expected new emission rate, in lb/MMBtu.

Figure 1:

### 30TAC Chapter 290--Preamble Estimated Agency Costs to Implement Stage

### 2 Drinking Water Rules



# 1 Costs 

# I $1,436,550 

# 1 $1,400,046 

# 1 $2,016,169 

# 1 $1,117,050 $1,098,792 

# 1 $7,068,607 

# 1

32 TexReg 

## 5046 Allgllst 10,200

## 7 TexasRegister 2007 2008 $3 17,778

161,822 920,446 

### GWR LT2 DBP2 Total $317,778 154,489 964,283 2009 $389,644

161,822 1,464,703 2010 $862,400

161,822 92,828 2011 $862,400

161,822 74,570 Total Costs $2,750,000 80 1,777 3,516,830