$; Kathleen Hartnett White, Chairman 

R. B. "Ralph" Marquez, Commissioner 

Larry R. Soward, Commissioner 

Glenn Shankle, Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Teras by Reducing and Preventing Pollution 

Docket No. 2005-0792RUL 

January 23,2006 

Richard E. Greene, Regional Administrator 

U.S. Environmental Protection Agency - Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mayor Greene: 

On December 14, 2005, the Texas Commission on Environmental Quality (Commission) adopted revisions to 

the State Implementation Plan (SIP). 

The Commission adopted amendments to $8 101.1, 101.201, 101.211, and 101.221, - 101.223 in 30 TAC 

Chapter 101, General Air Quality Rules, and corresponding revisions to the SIP. The adopted rulemaking 

modifies existing and adds new definitions, revises the notification and reporting requirements for emissions 

events and scheduled maintenance, startup, and shutdown (MSS) activities. The adopted rulemaking adds the 

concepts of unplanned and planned MSS activities. The adopted rulemaking provides for an affirmative defense 

for certain emissions and revises some of the demonstration criteria for qualifying for an affirmative defense. 

The adopted rulemaking also provides that the affirmative defense for planned MSS activities would be phase'd 

out for various groups of industries over several years, based on the applicable listed Standard Industrial 

Classification Codes. Finally, the adopted rulemaking incorporates applicable statutory changes in House Bill 

2129, 79th Legislature, 2005. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearings, and the accompanying order. I look forward to your expeditious approval of these SIEtrevi&~. 

cn =:r. - cJ. 

Sincerely, 

lathleen Hartnett White 

Chairman 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Zak Covar, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality 

P.0. Box 13087 Austin, Texas 78711-3087 512/239-1000 Internet address: www.tceq.state.tx.us 

, ., " .,*, , t3 .s?\--,..< -8 
THE STATE OF TEXAS 

COUNTY OF TRAVIS 

This is to certify that the attached are true and correct copies of documents for revisions to the Texas 

State Implementation Plan, adopted on December 14, 2005, pursuant to 40 Code of Federal Regulations 

5 51.104. I am the records administrator for the General Law Division of the Texas Commission on 

Environmental Quality. 

Director, General Law Division 

Texas Commission on Environmental Quality 
Texas Commission on 

Environmental Quality 

Public Hearings 

August 2, 3,4,5, and 8,2005 

30 TAC Chapter 101 

Emission Events 

and the State Implementation Plan 

Rule Project No. 2005-024-1 01 -CE 

Volume 1 of 2 
INTRODUCTION 

The Texas Commission on Environmental Quality (commission) held public hearings on the following dates: 

August 2, 2005, at 2:00 p.m., in Austin; August 3, 2005, at 10:OO a.m., in Arlington; August 4, 2005, at 7:00 

p.m., in Houston; August 5, 2005, at 1.00 p.m., in Corpus Christi,; and August 8, 2005, at 10:OO a.m., in 

Midland to receive testimony regarding revisions to 30 TAC Chapter 101, General Air Quality Rules; and 

corresponding revisions to the exa as state implementation plan (SIP). 

The amendments to §§I01 .I, 101.201, 101.21 1 ,. 101.221 - 101.223 modify existing definitions, add new 

definitions, and revise the notification and reporting requirements for emissions events and scheduled 

maintenance, startup, and shutdown (MSS) activities. The amendments also add the concepts of unplanned 

and planned MSS activities; provide for an affirmative defense for certain emissions from upset events and 

unplanned MSS activities, including excess opacity associated with upset events and unplanned MSS 

activities; and revise some of the demonstration criteria for qualifying for an affirmative defense. In addition, 

the amendments provide that the affirmative defense for planned MSS activities would be phased out 

according to a prescribed permit application schedule, and replaced by enforcement discretion until there is 

final action on the permit. Finally, the amendments incorporate applicable statutory changes in House Bill 

21 29, 79th Legislature, 2005. 

The comment period closed on August 8, 2005. All testimony and comments have been reviewed and 

seriously considered. This hearing record contains a complete record of the public hearings and is divided 

into the following four sections: 

. Public Notification and Proposal 

. Written and Oral Testimony 

. Evaluation of Testimony 

. Staff Recommendations 

Additional copies of this hearing record are maintained in the TCEQ central office at 121 00 Park 35 Circle, 

Austin, Texas 78753. For further information, contact Ramiro Garcia at (512) 239-4481 or Steve Ligon at 

(51 2) 239-1 527. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

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

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

Austin American-Statesman July 1,2005 

Corpus Christi Caller-Times July 2,2005 

Fort Worth star-~ele~ram July 2, 2005 

Houston Chronicle July 2, 2005 

Midland Reporter-Telegram July 1,2005 

2. Publication of the public hearing notice in the Texas Register on July 15,2005 (30 TexReg 

3. Publication of the proposed rules in the Texas Register on July 15, 2005 (30 TexReg 4090). 

4. Correspondence forwarding 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 
Public Notification 

Page 2 

Rule Project No. 2005-024-101-CE 

Docket No. 2005-0792-RUL 

Fort Worth Public Health Department 

Galveston County Health District 

Houston Department of Health and Human Services 

Harris County Pollution Control Department 

North Central Texas Council of Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

Texas Transportation Institute 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Air Quality Bureau 

Oklahoma Department of Environmental Quality 

U. S. Environmental Protection Agency 
EXAMPLE OF NEWSPAPER CLASSIFIED AD 

Houston Chronicle 

July 2, 2005 

The Texas Commlsslon on Environmental 

Quality (commission 

wlll conduct pub112 hearings to receive . resUmony concernln 

revisions to 30 TA~ Cha ter 101 Qeneral 

Air 8ua11t ~blec, and 

correspo$dlng revlslons to the state 

im lementation plan (sPP). under he reThe proposed amend- ments to 

101 201 7% 2l.i 

101.2z?1-101.22~ 

would revise and add 

definltlons. and revise 

notlflcatiori and reorhng requirements End demonslra~od 

crlterla for e issi ns 

events scnfieduyed maintenance 6tartu 

and shutdovh actl8: 

hes. The pro osed rulernaking wouh also provide for an alflrmatlve defense for 

certain emissions from scheduled 

maintenance. startuD. 

and shur doh acdvitles. It would also 

Imelement House Blll 

2169 91 79th Leg- islatuie 2005. 

Publlc hharln s lor lhis 

ro osed rdernakln Ra& need nchedu!e8 

for the followin 

dates: August 2,2008 at Z:OO p.m., in Austin 

TCEQ corn lex: 

7;;":ipnv G &om 

21 0d Park 35 

circle'. Au ust 3, 

9005 fit 1 O%O a.m., In Arl~n ton ~orth Cenrral Sxa& council 

of Governments 

Transportation ~oard 

Room, 3rd Floor, 61 6 

Six Fla s Drive; August 4 3005 at 7:00 

p.m.. lh ~ous'ton. Clty of Houston Counc~l 
The commission does not 

cluding entrances and exits, are to the visible emission standard. 

The commission declines 

renumbered as subsection 

be allowed to add a Tier I1 

temporary crusher to a site whi an existing crusher, if the site 

other Tier JT requirements, 

fully saturated rock. 

cumstances occur. 

The amendments to these subsections are intended to clarify the meaning of the 45-day and 180-day time limits. These time limits have always been intended to mean the nulnber of days the equipment is at a 

hours of ceasing operation. 

alter these requirements. 

Stephanie Bergeron Perdue 

Filed: July 5, 2005 

Notice of Public Hearing on Proposed Revisions to 30 TAC 

Chapter 101 and the State Implementation Plan % 

The Texas Commission on Environmental Quality (commission) will 

conduct public hearings to receive testimony concerning revisions to 

30 TAC Chapter 101, General Air Quality Rules, and corresponding 

revisions to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, $382.01 7; Texas Government 

Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, $5 1.102 of the United States Environmental Protection Agency 

@PA) regulations concerning SIPS. 

The proposed amendments to $$101.1, 101.201, 101.211, 101.221 

- 101.223 would revise and add definitions, and revise notification 

and reporting requirements, and demonstration criteria for emissions 

events, scheduled maintenance, startup, and shutdown activities. The 

proposed rulemaking would also provide for an affirmative defense 

for certain emissions from scheduled maintenance, startup, and 

shutdown activities. It would also implement House Bill 2129, $1, 

79th Legislature, 2005. 

Public hearings for this proposed rulemaking have been scheduled for 

the following dates: August 2, 2005, at 2:00 p.m., in Austin, TCEQ 

complex, Building C, Room 131E, 12100 Park 35 Circle; August 3, 

2005, at 10:OO a.m., in Arlington, North Central Texas Council of Governments, Transportation Board Room, 3rd Floor, 616 Six Flags Drive; 

August 4, 2005, at 7:00 p.m., in Houston, City of Houston Council 

Chambers, 2nd Floor, 901 Bagby; August 5,2005, at 1:00 p.m., in Corpus Christi, Texas A&M-Cop Christi Campus, Natural Resources 

Center Building, Room 1003,6300 Ocean Drive; and August 8,2005, 

at 10:OO a.m., in Midland, UT of the Permian Basin, Center for Energy 

and Economic Diversification Building, 1400 North FM 1788. 

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact Patricia Durbn, Office of Legal Services at (512) 239- 6087. Requests should be made as far in advance as possible. 

Comments may be submitted to Patricia Durbn, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 

13087, Austin, Texas 7871 1-3087, or by fiuc to (512) 239- 4808. All 

comments should reference Rule Project Number 2005-024-101-CE, 

and must be received by 5:00 p.m., August 8, 2005. For further information, please contact Ramiro Garcia, Field Operations Division 

at (512) 239-4481 or Steve Ligon, Field Operations Division at (512) 

239-1 527. 

TRD-200502712 

Stephanie Bergeron Perdue 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: July 1, 2005 

Notice of Texas Nonpoint So Management Program 

Update 

30 TmReg 4150 July 15, 2005 Texas Register 
(SHPJC), Western High Plains (WHP), Permian Basin (PB), [ad] El This agency hereby certifies that the proposal has been reviewed 

Pasoflrans Pecos (EPITP), and the Panhandle Boll Weevil Eradication by legal counsel and found to be within the agency's legal authorZones. as defined in the Texas Amiculture Code, 874.1021 and Texas ity to adopt. 

~dministrative Code §$3.110, Zlll, 3.112, [dl 3.115 and 3.118 

have been declared as suppressed by the commissioner. Filed with the Office of the Secretary of State on June 28,2005. 

(c) - (d) (No change.) TRD-200502652 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on June 30, 2005. 

TRD-20050270 1 

Dolores Alvarado Hibbs 

Deputy General Counsel 

Texas Department of Agriculture 

Earliest possible date of adoption: August 14, 2005 

For further information, please call: (512) 463-4075 

+ + + 

TITLE 16. ECONOMlC REGULATION 

PART 3. TEXAS ALCOHOLIC 

BEVERAGE COMMISSION 

CHAPTER 33. LICENSING 

SUBCHAPTER A. APPLICATION 

PROCEDURES 

16 TAC 533.9 

The Texas Alcoholic Beverage Commission proposes new 933.9, 

governing the service fees to be charged for on-line internet 

transactions with the commission. 

Lou Bright, General Counsel, has determined that for the first 

five-year period the rule is in effect there will be no fiscal impact 

on state or local government as a result of adopting this rule. The 

rule imposes a small fee for users of on-line services, but does 

not mandate such use or impose any fee on non-users. Therefore, there is no anticipated fiscal impact on small businesses. 

Mr. Bright has also determined that for the first five years the 

rule is in effect the public will benefd because of the increased 

efficiencies offered by on-line licensing transactions. 

Comments may be addressed to Lou Bright, General Counsel, 

Texas Alcoholic Beverage Commission. P.O. Box 13127, Austin, 

Texas 7871 1-31 27. 

The new rule is proposed under the authority of 55.31 of the 

Texas Alcoholic Beverage Code which authorizes the commission to prescribe and publish such rules as are necessary to 

carry out the provisions of the code. 

Cross Reference: Section 5.55 of the Alcoholic Beverage Code 

is affected by this rule. 

Service Fees for On-Line Transaction and Credit CardFees. 

This rule relates to 55.55 of the Alcoholic Beverage Code. 

@ A service fee of $0.50 shall be assessed for each on-line 

transaction. 

&J An additional fee of 2.25% of the total transaction amount 

shall be assessed for transactions paid by credit card. 

Alan Steen 

Administrator 

Texas Alcoholic Beverage Commission 

Earliest possible date of adoption: August 14. 2005 

For further information, please call: (512) 206-3204 

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) proposes amendments to 951 01 -1, 101.201, 

101.21 1, and 101.221 - 101.223. 

These amendments are being proposed as revisions to the 

Texas state implementation plan (SIP) that will be submitted to 

the United States Environmental Protection Agency (EPA). 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS , FOR THE PROPOSED RLILES 

The rules concerning emissions events and maintenance, 

startup, and shutdown activities were required by House Bill 

(HB) 2912, 55.01 and S18.14, 77th Legislature, 2001 and HB 

2129, §I, 79th Legislature, 2005. Division 3 of the rule was 

amended in December 2003, and one of the amendments was 

inclusion of an expiration date of June 30, 2005, for 99101.221 

- 101.223, in anticipation that these rules might require further 

consideration and revisions. The commission proposed a 

revision of Division 3 in March 2005, to extend the expiration 

date of June 30. 2005, to January 15, 2006, unless the commission submitted a revised version of §§101.221 - 101.223 to 

the EPA for review and approval into the SIP. Upon submittal 

of the revisions to the EPA, these sections would expire on 

June 30, 2006. This rulemaking action would remove the 

expiration clause. It would also modify and add definitions and 

would revise the notification and reporting requirements, and 

demonstration criteria. It would also provide for an affirmative 

defense for certain emissions from scheduled maintenance, 

startup, and shutdown activities. The commission also proposes 

to add the definition "Regulated entity" to incorporate statutory 

requirements of HB 2129. 

In development of this proposed rulemaking, the commission 

sought comment from stakeholders at meetings held between 

March 4, 2005, and April I, 2005. Numerous oral comments 

were received at seven stakeholder meetings and written 

comments were accepted through April 6, 2005. All comments 

were considered and evaluated by commission staff. These 

proposed revisions would implement many of the concepts from 

the comments received. Some comments are best able to be 

addressed through operational changes and currently many 

of these changes are underway. For example, the agency is 

30 TexReg 4090 July 15, 2005 Texas Register 
currently modifying the electronic reporting system to implement 

several changes including allowing for a single incident report 

for emissions events covering multiple facilities. Other revisions 

were suggested that are beyond the scope of the commission's 

authority and have not been proposed. 

SECTION BY SECTION DISCUSSION 

General Administrative Rule Language Changes 

The commission proposes to change the word "which" to "that" 

and the word "shall" to "must" in numerous locations in the rule 

language to conform to the drafting standard in the Texas Legislative Council Drafting Manual, November 2004. 

The commission proposes to spell out acronyms the first time 

they are used in a section and to delete acronyms that are only 

used once in a section. The commission also proposes to replace the words "site" or "facility" with "regulated entity" in numerous sections to comply with HB 2129. Additionally, some 

text is revised to recognize that emissions events would now be 

contained within one report instead of a report for each facility. 

SUBCHAPTER A, DEFINITIONS 

The proposed amendment to §I 01 .I, concerning Definitions, 

adds the definitions of "Boiler," "Combustion turbines," and 

"Excess opacity event." The definition of "Boiler" in 30 TAC 

Chapter 117 is duplicated in these general definitions since 

the term is used in multiple state air regulations. The definition 

of "Stationary gas turbine" is also duplicated in the general 

definitions and renamed in Chapter 101 as "Combustion turbine" 

since the term is also used in multiple state air regulations. The 

term "Excess opacity .event" is proposed to be defined so that it 

is clear what is meant by an excess opacity event. 

Proposed $1 01.1(25), renumbered as $1 01 .I (27), would amend 

the definition of "Emissions event" to further define that any upset 

event or unscheduled maintenance, startup, or shutdown activity 

from a common cause is considered one event. Further, the 

unauthorized emissions from the event can also result from one 

or multiple emission points at a regulated entity. 

Proposed §I 01.1(68), renumbered as ~101.1(71), would amend 

the definition of "Non-reportable emissions event" to no longer 

simply state that non-reportable emissions events are those that 

are not reportable emissions events, but to more clearly define 

them as any emissions event in a 24-hour period that does not 

result in an unauthorized emission equal to or in excess of a 

. reportable quantity (RQ). 

Proposed §101.1(85) would define "Regulated entity" as all regulated units, facilities, equipment, structures, or sources at one 

street address or location that are owned or operated by the 

same person. The term includes any property under common 

ownership or control identified in a permit or used in conjunction 

with the regulated activity at the same street address or location. 

Owners or operators of pipelines, gathering lines, and flow lines 

under common ownership or control in a particular county may 

be treated as a single regulated entity for purposes of assessment and regulation. These changes were required by HI3 2129. 

The remainder of the subsections are renumbered accordingly. 

There are several revisions proposed to the definition of "Reportable quantity (RQ)." First, the proposed amendment to 

§101.1(84)(A), renumbered as §101.1(88), would clarify that RQ 

values apply to facilities and not regulated entities, therefore, 

the language "for each facility" has been added. Second, when 

determining if a compound is listed in either 40 Code of Federal 

Regulation (CFR) Part 302, Table 302.4 or 40 CFR Part 355, 

Appendix A, the owner or operator must use either the listed 

compound name or the Chemical Abstracts Service (CAS) 

number, whichever is more specific. Although the commission 

believes that this concept is already widely being followed, 

specific rule language is needed since some compounds can 

have multiple names. The compound name used by the owner 

or operator might not be the exact compound name listed in 

the two tables, but the CAS number should be the same. 'The 

proposed amendment to the definition of "Reportable quantity" 

would clarify that the RQ requirements are for each facility given 

the changed definition of emissions event. 

Second, proposed §101.1(88)(A)(i)(lll)(-p-), would provide for 

RQs for "oxides of nitrogen." The new RQs for oxides of nitrogen 

would combine all of the oxides of nitrogen, including nitrogen 

oxide and nitrogen dioxide into item (-p-) and delete item (-q-). 

The RQ would be 200 pounds in ozone nonattainment areas, 

ozone maintenance areas, ozone early action compact areas, 

Nueces County, and San Patricio County. Nueces and San 

Patricio Counties are included because design value for that 

area is close to exceeding the national ambient air quality 

standards (NAAQS) for ozone. The 200-pound figure is based 

upon adding the current RQs for nitrogen oxide and nitrogen 

dioxide together. For all other areas of the state, where ozone 

levels are not approaching the ozone NAAQS, the RQ would be 

5,000 pounds. 

The commission is also proposing to establish a statewide 

specific RQ of 5,000 pounds for certain compounds, all of 

which are either chlorofluorocarbons (CFC), hydrofluorocarbons 

(HFC), or hydrochlorofluorocarbons (HCFC) in proposed items 

(-q-) - (-ss-). The compounds are neither criteria pollutants nor 

precursors of ozone, and therGfore, the 100-pound default for 

the nonattainment, near nonattainment, maintenance, and early 

action compact areas should not apply. 

In proposed §I 01 .(88)(A)(ii), the default RQ for all other air contaminants when there is not a listed RQ is being revised, such 

that the default RQ for nonattainment areas, near-nonattainment 

areas, maintenance areas, and early action compact areas and 

Nueces and San Patricio Counties will remain at 100 pounds, 

while the default RQ for all otherareas is being proposed at 5,000 

pounds. 

In proposed §101.1(88)(C), boilers and combustion turbines 

that are fueled by gaseous fuels other than natural gas would 

be allowed to report only opacity, provided that the fuel being 

burned does not contain hazardous air pollutants or highly 

reactive volatile organic compounds at more than 0.02% by 

weight. 

The proposed amendment to §101.1(86), renumbered as 

§101.1(90), would clarify that the emissions from a scheduled 

maintenance, startup, or shutdown activity will be considered as 

part of the activity as long as they do not exceed the estimates 

in the notification by more than an RQ. Additionally, the term 

"facility" is replaced with "regulated entity." These changes were 

required by HB 2129. 

The commission proposes to amend §101.1(87) by deleting the 

definition of "Site" in order to incorporate the definition of "Regulated entity" to comply with applicable statutory provisions of HB 

2129. The remaining definitions in §101.1 are renumbered accordingly. 

Subchapter F: Emissions Events and Scheduled Maintenance, 

Startup, and Shutdown Activities 

PROPOSED RULES July 15,2005 30 TexReg 4091 
Division I: Emissions Events 

Section 101.201 - Emissions Event Reporting and Recordkeeping Requirements 

The commission proposes to add requirements for reporting to local air pollution control agencies with jurisdiction to 

~101.201(a)(l)(B) to clarify that local air pollution agencies 

should receive initial notifications and final reports. 

The commission proposes to amend §101.201 (a)(2) to clarify 

that owners and operatqrs of regulated entities, except for 

boilers or combustion turbines, are required to report emissions 

events for each facility with emissions that exceed an RQ. The 

revised definition of "Emissions event" could cause confusion 

about whether emissions from all facilities involved in a reportable emissions event should be included in the notification 

and report. 

The commission proposes to amend §101.201(a)(2)(B) and 

(3)(B) to provide new language that requires identification of 

the commission Regulated Entity Number (RN) of the regulated 

entity experiencing an emissions event. Now that the commission has changed to a Central Registry system, the air account 

number is no longer the primary identifier of the regulated 

entity. The RN is necessary to report incidents via the agency's 

electronic reporting system. If the regulated entity does not 

have an RN or air account number, the location of a release and 

a contact telephone number in notifications and final reports 

must be reported. Accordingly, §101.201(a)(2)(C) and (3)(C) 

is proposed to be deleted, since the information required by 

subsection (a)(2)(B) and (3)(B) gives the agency sufficient 

information regarding location. Subsequent subparagraphs are 

relettered accordingly in §101.201(a)(2) and (3). 

The commission proposes to delete language requiring the 

reporting of authorized emissions limits and if applicable, the 

estimated opacity and the authorized opac'rty limit in proposed 

51 01.201 (a)(2)(H), relettered as subparagraph (G). 

The commission proposes to add the term "best knownn and "at 

the time of the notification" to existing 51 01.201 (a)(2)(1), relettered as subparagraph (H), and to existing 51 01.201 (a)(3)(D), 

relettered as subparagraph (C). This revision would clarify that 

the cause of the emissions event is based on best available information at the time of the notification. 

The commission proposes to amend §101.201(a)(3) to clarify 

that owners and operators of boilers and combustion turbines are 

required to report emissions events for each facility with emissions that exceed an RQ. The revised definition of "Emissions 

event" could cause confusion about whether emissions from all 

facilities involved in a reportable emissions event should be included in the notification and report. 

The commission proposes to amend §101.201 (a)(3)(E), relettered as subparagraph (D), to remove the requirement to report 

the facilrty identification numbers or emission point numbers. 

The commission proposes to amend §101.201 (a)(3)(1) by deleting the provision to report the authorized opacity limit in the initial 

notification. Opacity is not an emission and therefore not necessary for evaluation of impacts. 

The commission proposes to amend §101.201(b) by deleting the 

phrase, "such records shall identify." 

The commission proposes to amend §I 01.201 (b) by separating subsection (b) into two paragraphs. The commission proposes §101.201 (b)(l) to outline the provisions required in final 

records of reportable emissions events. Existing paragraphs in 

§101.201(b) are relettered as subparagraphs (A) - (L). 

The commission proposes to amend §I 01.201 (b)(l)(B) and 

(2)(B) to provide new language that requires identification of 

the commission RN of the regulated entity experiencing an 

emissions event. Now that the commission has changed to a 

Central Registry system, the air account number is no longerthe 

primary identifier of the regulated entity. The RN is necessary to 

report incidents via the agency's electronic reporting system. If 

the regulated entity does not have an RN or air account number, 

the location of a release and a contact telephone number in 

prior notifications and final reports must be reported. 

Proposed §101.201(b)(7), renumbered as subsection (b)(l)(G), 

is amended to provide language that requires reporting of air 

contaminants by facility. and to allow reporting of air contaminants in the final report that have an RQ greater than or equal to 

100 pounds and the amount released is less than ten pounds in 

a 24-hour period without speciation, instead these compounds 

or mixtures of air contaminants may be identified together 

as "other." This provision is intended to address concerns 

expressed at the stakeholder meetings that it is difficult and 

unnecessary to speciate and report very small quantities of 

chemicals involved in a reportable event. 

Proposed §101.201(b)(8), renumbered as subsection (b)(l)(H), 

is amended to eliminate reporting of the authorized opacity limit 

and opacity estimate in the final report. The proposed amendment adds language that requires that the methods of estimates 

for facilities with authorizations should be consistent with the 

methods used in the applicable permit application, rule, or order of the commission to clarify how these estimates should be 

calculated. Language has also been added to allow the compounds or mixtures of air contaminants listed as "other under 

~101.201(b)(l)(G) to be treated as a group for estimating emissions. 

The commission proposes to amend 51 01.201(b)(10), renumbered as ~101.201(b)(l)(J), to add the terms "best knownn and 

"at the time of the notification" to clarify that the cause of the 

emission event is based on best available information at the time 

of reporting. 

The commission also proposes §101.201(b)(2)(A) - (J) to provide separate provisions for required records for non-reportable 

emissions events. 

The proposed requirements in 31 01.201 (b)(2)(A), (C), (E), and 

(F) are the same as the language in ~101.201(b)(l). 

The commission proposes §101.201(b)(2)(D) to require the reporting of the common name ofthe process unit or area, the common name of the facility that experienced the emissions event, 

and the common name of the emission point where the unauthorized emissions were released to the atmosphere. 

The commission proposes §101.201(b)(2)(G) to require reporting of air contaminants by facility, and to allow reporting of air 

contaminants in the final report that have an RQ greater than 

or equal to 100 pounds and the amount released is less than 

ten pounds in a 24-hour period without speciation, instead these 

compounds or mixtures of air contaminants may be identified together as "other." This provision is intended to address concerns 

expressed at the stakeholder meetings that it is difficult and unnecessary to speciate and report very small quantities of chemicals involved in a reportable event. 

30 TexReg 4092 July 15,2005 Texas Register 
The commission proposes ~101.2Ol(b)(2)(H) to require that 

when estimating total quantities and the authorized emissions 

limits for those compounds or mixtures described in proposed 

§I 01.201 (b)(2)(G), the methods of estimates for facilities 

with authorizations should be consistent with the methods 

used in the applicable permit application, rule, or order of the 

commission. For all other situations, good engineering practice 

should be utilized. Language has also been added to allow the 

compounds or mixtures of air contaminants listed as "other" 

under §101.201(b)(2)(G) to be treated as a group for estimating 

emissions. 

The commission proposes ~101.201(b)(2)(1) to require the 

recording of the best known cause of the emissions event at the 

time of recording. 

The commission proposes §101.201'(b)(2)(J) to require the 

recording of any additional information necessary to evaluate 

the emissions event. 

The commission proposes to add requirements for reporting to local air pollution control agencies with jurisdiction to 

~101.201(c) to clarify that local air pollution agencies should 

receive initial notifications and final reports. 

The proposed amendment to 31 01.201 (d) would add language 

that allows the use of gaseous fuels other than natural gas, provided the hazardous air pollutants or highly reactive volatile organic compound content of the fuel does not exceed 0.02% by 

weight. 

The commission proposes to amend §1.01.201 (e) by deleting duplicative language that is now covered in the proposed definition 

of "Excess opacity event" in §I01 .I. The commission proposes 

to add reporting to local air pollution control agencies with jurisdiction to §I 01.201 (e) - (g) to clarify that local air pollution agencies should receive initial notifications and final reports. 

The commission proposes to amend §101.201 (e)(2) by adding 

the requirement to identify the commission RN of the regulated 

entity experiencing an excess opacity event. Now that the commission has changed to a Central Registry system, the air account number is no longer the primary identifier of the regulated 

entity. The RN is necessary to report incidents via the agency's 

electronic reporting system. If the regulated entity does not have 

an RN or air account number, the location of a release and a contact telephone number in notifications and final reports must be 

reported. 

The commission proposes to amend §101.201(e)(9) by adding 

the term "best known" and "at the time of the notification" to clarify that the cause of the excess opacity event is based on the 

best known information at the time of the notification. 

'The commission proposes to clarify §101.201(f) by adding language requiring the submittal of a technical analysis of emissions 

events to appropriate local air pollution agencies with jurisdiction. 

The commission proposes to delete the existing language in 

§101.201(h) and proposes new language to require annual 

emissions event reporting by March 31 of each calendar year 

or as directed by the executive director. This report would be 

required for owners or operators that are subject to reporting 

under 3101 .lo, Emissions Inventory Requirements, and owners 

and operators that are not subject to reporting under §101.10 

and are located in nonattainment, maintenance, early action 

compact areas, Nueces County, and San Patricio County, that 

experience at least one emissions event during the calendar 

year. For those entities that already submit an emission inventory report, this information would be included in that report. 

For entities that do not submit an emission inventory report, 

this report must be submitted electronically except that small 

businesses may submit by other viable means. 

Division 2: Maintenance, Startup, and Shutdown Activities 

Section 101.21 1 - Scheduled Maintenance, Sfartup, and Shutdown Reporting and Recordkeeping Requirements 

The commission proposes to amend 3101.21 1(a) to clarify that 

actual emissions from maintenance, startup, or shutdown activities that exceed the estimated emissions in the initial notification 

by more than an RQ are emissions events. This change is required by HB 2129. 

The commission proposes to amend ~101.211(a), to add "with 

jurisdiction" to clarify that local air pollution agencies should receive initial notifications and final reports. 

The commission proposes to amend ~101.211(a) by adding a 

reference to §I 01 .I where excess opacity is proposed to be defined, and accordingly delete the reference to §101.201(e) for 

excess opacity. 

The commission proposes to amend §I 01.21 1 (a)(l )(B) and 

(2)(B) and (b)(l)(B) and (2)(B) to add language that requires 

the identification of the commission RN of the regulated entity 

experiencing the activity. If the regulated entity does not have 

an RN or air account number, the location of a release and a 

contact telephone number in prior notifications and final reports 

must be reported. 

The commission proposes to amend §101.21 l(a)(l)(F) to denote that these scheduled maintenance, startup, and shutdown 

activities are not emissions events, but are emissions activities. 

The commission proposes to amend 31 01.21 1 (a)(l )(H) to provide language that requires reporting of air contaminants by facility, and to allow reporting of air contaminants in the final report that have an RQ greater than or equal to 100 pounds and 

the amount released is less than ten pounds in a 24-hour period 

without speciation, instead these compounds or mixtures of air 

contaminants may be identified together as "other." 

The commission proposes to amend ~101.211(a)(l)(l) and existing language in subsection (b)(9), renumbered as subsection 

(b)(l)(I), to add language that requires that the methods of estimates for facilities with authorizations should be consistent with 

the methods used in the applicable permit application, rule, or 

order of the commission to clarify how these estimates should 

be calculated. Language has also been added to allow the compounds or mixtures of air contaminants listed as "other" under 

§101.21 l(a)(l)(H) to be treated as a group for estimating emissions. 

The commission proposes to amend ~101.211(b) by separating ' 

subsection (b) into two paragraphs. The commission proposes 

§101.21 l(b)(l) to outline provisions regarding final records for 

regulated entities that are required to notify of scheduled maintenance, startup, or shutdown activities. The existing paragraphs 

in ~101.211(b) are relettered as subparagraphs (A) - (K). 

Proposed ~101.211(b)(2), renumbered as subsection (b)(l)(B), 

is amended to provide language that requires identification of the 

commission RN of the regulated entity experiencing the activity. 

If the regulated entity does not have an RN or air account number, the location of a release and a contact telephone number in 

notifications and final reports must be reported. 

PROPOSED RULES July 15,2005 30 Tdeg 4093 
Proposed §101.21 I (b)(5), relettered as subsection (b)(l )(E), is 

amended to add "experienced the emissions activity" and accordingly delete "experienced the emissions event" to denote 

that the associated scheduled maintenance, startup, and shutdown activities are not emissions events, but are emissions activities. 

Proposed §101.21 l(b)(8), renumbered as subsection (b)(l)(H), 

is amended to provide language that requires reporting of air 

contaminants by facility, and to allow reporting of air contaminants in the final report that have an RQ greater than or equal to 

100 pounds and the amount released is less than ten pounds in 

a 24-hour period without speciation, instead these compounds 

or mixtures of air contaminants may be identified together as 

"other." 

The commission proposes to amend $101.211(b)(9), relettered 

as subsection (b)(l)(l), to delete the reference to existing paragraph (8) and to refer to the relettered subparagraph (H). Also, 

the commission proposes that compounds or mixtures of air contaminants, that have an RQ greater than or equal to 100 pounds 

and the amount released is less than one pound in a 24-hour period, are not required to be included in the report. Language has 

also been added to allow the compounds or mixtures of air contaminants listed as "other" under $1 01.21 1 (b)(8) to be treated as 

a group for estimating emissions. 

The commission also proposes $101.211(b)(2)(A) - (I) to add 

provisions regarding final records for facilities that were not required to notify of scheduled maintenance, startup, or shutdown 

activities. 

The proposed requirements in $101.21 1(b)(2)(A) - (G) are the 

same as the proposed requirements in $101.211 (b)(l ). 

The commission proposes $1 01.21 1 (b)(2)(H) to require the 

recording of the compound descriptive type of the individually 

listed compounds or mixtures of air contaminants, in the definition of RQ in $101.1, that are known through common process 

knowledge, past engineering analysis, except for boilers or 

combustion turbines referenced in the definition of RQ in $1 01 .I 

and that were unauthorized. The commission also proposes that 

compounds or mixtures of air contaminants, that have an RQ 

greater than or equal to 100 pounds and the amount released 

is less than ten pounds in a 24-hour period may be reported 

without speciation, instead these compounds or mixtures of air 

contaminants may be identified together as "other." 

The commission proposes $1 01.21 1 (b)(2)(1) to require that 

when estimating total quantities and the authorized emissions 

limits for those compounds or mixtures described in proposed 

$101.211(b)(2)(G), the methods of estimates for facilities with 

authorizations should be consistent with the methods used in the 

applicable permit, rule, or order of the commission. For all other 

situations, good engineering practice should be utilized. Language has also been added to allow the compounds or mixtures 

of a'k contaminants listed as "other" under §I 01.21 l(b)(2)(~) to 

be treated as a group for estimating emissions. 

The commission proposes to add language to §101.21 l(c) to require that reporting br scheduled maintenance, startup, or shutdown activities must also be reported to appropriate local air pollution agencies with jurisdiction. 

The commission proposes to amend fj101.21 I (d) to allow boilers 

and combustion turbines equipped with a continuous emission 

monitoring system using fuels with less than 0.02% hazardous 

air pollutants or highly reactive volatile organic compounds, are 

exempt from creating and submitting final records if the inbrmation in the initial notification is the same as in the final report. 

The commission proposes to add language to §101.21 l(e) to require that a copy of the requested technical plan for a scheduled 

maintenance, startup, or shutdown activity be sent to the local 

air pollution agency with jurisdiction. 

The commission proposes to add $101.21 l(f) to require annual 

reporting of emissions resulting from scheduled maintenance, 

startup, and shutdown activities. This report would be required 

for owners or operators that are subject to reporting under 

$101 .I 0, Emissions Inventory Requirements, and owners and 

operators that are not subject to reporting under $101.10 

and are located in nonattainment, maintenance, early action 

compact areas, Nueces County, and San Patricio County, 

that experience at least one scheduled maintenance, startup. 

or shutdown activity during the calendar year. For those 

entities that already submit an emission inventory report, this 

information would be included in that report. For entities that 

do not submit an emission inventory report, this report must 

be submitted electronically except that small businesses may 

submit by other viable means. 

Division 3: Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions 

Section 101.221 - Operational Requirements 

The proposed amendment to $101.221(d) adds the phrase "including New Source Performance Standards (40 Code of Federal Regulations Part 60) and National Emission Standards for 

Hazardous Air Pollutants (40 Code of Federal Regulations Parts 

61 and 63)" to specify particular federal requirements that also 

regulate emissions from maintenance, startup, and shutdown 

activities. 

The commission proposes to delete $101.221(9). 

Section 101.222 - Demonstrations 

The commission proposes to amend $101.222(b)(I) to clarify 

when the commission will initiate enforcement for failure to report and for the underlying emissions event itself. The proposed 

amendment also provides that subsection (b) does not apply for 

minor omissions or inaccuracies that do not impair the commission's ability to review the event according to this rule, unless the 

owner or operator knowingly or intentionally falsified the information in the report. 

The proposed amendment to 51 01.222(b)(3) and (d)(2) provides 

a reasonableness standard for determining this criteria. The proposed amendment would also change the criteria of "could not 

have been avoided by good design, operation, and maintenance 

practices" to "could not have been reasonably avoided by technically feasible design, operation, and maintenance practices consistent with good engineering practice." 

The commission proposes to add §101.222(b)(12) to provide a 

new criteria for the affirmative defense. By definition, maintenance, startup, or shutdown emissions that are not reported prior 

to their occurrence are considered unscheduled maintenance, 

and therefore fall into the category of emissions events. However, under this new provision, if the owner or operator was reasonably able to provide notification to the agency prior to the 

activity but did not provide the notification, the owner or operator would lose the ability to claim the affirmative defense. This 

provision would provide a disincentive for owners or operators to 

decide to skip notification and be treated as an emissions event. 

30 TexReg 4094 July 15, 2005 Texas Register 
The proposed amendment to §lQ1.222(c) deletes language that 

~rovides that emissions from scheduled maintenance. startuo. , . and shutdown activities are required to be included in certain 

permits unless the owner or operator proves the criteria in subsection (c)(l ) - (9). The proposed language provides that an affirmative defense is available for all claims in enforcement actions 

for these emissions, other than claims for administrative technical orders and actions for injunctive relief, if the owner or operator 

proves the criteria listed in the rule. The affirmative defense ap 

plies only to the emissions from these activities, and does not 

apply to subsequent or independent obligations, such as recordkeeping or reporting. The proposed amendment to 5101.222(c) 

would also remove references to maintenance emissions that will 

be addressed in proposed 5101.222(h). 

The commission proposes to add language to 5101.222(~)(1), 

(d)(l ), and (e)(l ), which provides that failure to report information 

that does not impair the commission's ability to review the event 

will not result in enforcement action and loss of opportunity to 

claim the affirmative defense. 

The proposed amendment to 51 01.222(e) deletes language that 

provides that emissions from scheduled maintenance, startup, 

and shutdown activities are required to meet the requirements 

of $1 11 .I I I (a), unless the owner or operator proves the criteria 

in subsection (e)(l) - (9). The proposed language provides that 

an affirmative defense is available for all claims in enforcement 

actions for certain emissions, other than claims for administrative technical orders and actions for injunctive relief, if the owner 

or operator proves the criteria listed in the rule. The affirmative defense applies only to the emissions from these activities, 

and does not apply to subsequent or independent obligations, 

such as recordkeeping or reporting. The proposed amendment 

to 5101.222(e) would also remove references to maintenance 

emissions, which will be addressed in proposed §101.222(h). 

The proposed amendment to §101.222(h) would delete the current language providing an expiration date for the section. The 

proposed new language would phaseout the affirmative defense 

for emissions from routine maintenance activities. The commission intends to begin allowing authorization of these types of 

emissions as permits come in for renewal, amendment, or issuance. This would include activities such as plant turnarounds 

and preventative maintenance such as routine replacement offacility parts that are regular and quantifiable. Upon permit amendment, alteration, renewal, or issuance, the affirmative defense 

will no longer be available for these types of emissions. For 

those facilities that are authorized through other mechanisms 

such as permits by rule, standard permits, standard exemptions, 

and special exemptions, the rule would allow two years for those 

facilities to have their routine maintenance activities authorized 

before losing the ability to claim an affirmative defense for those 

emissions. Subject to meeting the conditions in §101.222(~)(1) 

- (9), the affirmative defense will continue to be available for 

maintenance activities that arise from sudden and reasonably 

unforeseeable events beyond the control of the operator, which 

requires the immediate corrective action to restore normal operation. Generally, these emissions include maintenance that is 

initiated to resolve an operational problem with a facility. Opacity 

events resulting from maintenance activities are also included in 

proposed 5101.222(h) and would be treated in the same way as 

emissions from maintenance activities. 

Section 101.223 - Actions to Reduce Excessive Emissions 

The proposed amendment to §101.223(a)(I) would add the requirement to submit a corrective action plan to the local air pollution agency with jurisdiction to clarify that local air pollution agencies should receive the corrective action plan. 

The commission proposes to delete §101.223(e). 

FISCAL NOTE: COST TO STATE AND LOCAL GOVERNMENT 

Nina Chamness, Analyst, Strategic Planning and Grants Management Section, determined that for the first five-year period 

the proposed amendments are in effect, no fiscal implications 

are anticipated for the agency or other units of state or local 

governments as a result of administration or enforcement of the 

proposed amendments. The proposed rulemaking would modify 

current commission rules concerning air emissions events. State 

and local governments do not typically engage in the type of activities that would generate such emissions, and the proposed 

rulernaking would not apply to these governmental entities. 

HB 2912, 35.01 and 518.14, and HB 2129 required revisions 

of commission rules concerning air emissions events, maintenance, startup, and shutdown activities. The revised rules for 

55101.221- 101.223 received limited SIP approval from EPA and 

included an expiration dateof June 30,2005. The proposed rulemaking would delete the expiration deadline of these sections 

and would provide specificity for implementing the statutes regarding emissions events reporting while providing specific outcomes for proving specific criteria regarding certain unauthorized emissions. The rulemaking would modify definitions, add 

new definitions, revise notification requirements, revise reporting requirements, revise demonstration criteria, remove protection for routinely performed scheduled maintenance activities, 

and change the protection for startup, shutdown, and nonroutine 

maintenance activities to affirmative defense. Regulated entities 

would be required to submit a single annual emissions report for 

all emissions, and they would be required to submit certain information to local air pollution programs with jurisdiction. The 

proposed changes to current rules and the associated SIP must 

be approved by EPA. 

PUBLIC BENEFITS AND COSTS 

Ms. Chamness also determined that for each year of the first five 

years the proposed amendments are in effect, the public benefit anticipated from the changes seen in the proposed amendments will be more specificity regarding emissions events rules 

and the submission of a single, annual emissions report detailing all emissions events. 

The proposed rulemaking affects persons or entities that violate emissions and opacity limitations associated with certain 

emissions events, maintenance, startup, and shutdown activities. Since these events must currently be documented, whether 

or not they are submitted in a report, no significant adverse fiscal 

implications are anticipated for individuals or large businesses 

that must now prepare a single annual report. 

SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT 

No adverse fiscal implications are anticipated for small or microbusinesses. Small or micro-businesses would be affected in the 

same manner as individuals or large businesses by the proposed 

rulemaking in that they would be required to prepare a single 

annual emissions report. 

LOCAL EMPLOYMENT IMPACT STATEMENT 

The commission reviewed this proposed rulemaking and determined that a local employment impact statement is not required 

PROPOSED RULES July 15,2005 30 Tdeg 4095 
because the proposed amendments do not adversely affect a 

local economy in a material way for the first five years that the 

proposed amendments are in effect. 

DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the proposed rulernaking in light of the 

regulatory impact analysis requirements of Texas Government 

Code, 52001.0225, and determined that the pmposed rulemaking does not meet the definition of a "major environmental rule." 

Furthermore, it does not meet any of the four applicability requirements listed in Texas Government Code, 52001.0225(a). 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, 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. The proposed amendments would revise the notication and reporting 

requirements and demonstration criteria for emissions events 

and scheduled maintenance, startup, and shutdown activities. 

The pmposed amendments would also provide for an affirmative defense for certain emissions from startup, shutdown, and 

nonroutine maintenance activities, and would phase out the affirmative defense for emissions from routine maintenance activities. In addition, the pmposed rulernaking would modify and add 

definitions, and would also implement HB 2129, 51. The proposed amendments 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, Texas Government Code, 52001.0225, only applies 

to a major envimnmental 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 powers of the agency instead of under a specific state law. The proposed amendments 

do not exceed a standard set by federal law or exceed an express requirement of state law. There is no contract or delegation agreement that covers the topic that is the subject of this 

rulemaking. Finally, this rulemaking was not developed solely 

under the general powers of the commission, but is authorized 

by specificsections of the Texas Health and Safety Code and 

Texas Water Code that are cited in the STATUTORY AUTHORITY section of this preamble. Therefore, this rulernaking is not 

subject to the regulatory analysis provisions of Texas Government Code, §2001.0225(b), because the proposed amendments 

do not meet any of the four applicability requirements. 

The commission invites public comment regarding the draft regulatory impact analysis determination during the public comment 

period. 

TAKINGS IMPACT ASSESSMENT 

The commission completed a takings impact analysis for the 

proposed amendments. The specific purpose of this rulemaking is to revise notification and reporting requirements and 

demonstration criteria for emissions events and scheduled 

maintenance, startup, and shutdown activities. The rulemaking would also provide for an affirmative defense for certain 

emissions from startup, shutdown, and nonroutine maintenance 

activities, and would phase out the affirmative defense for 

emissions from routine maintenance activities, and would 

modify and add definitions. Promulgation and enforcement of 

the pmposed amendments would be neither a statutory nor 

a constitutional taking because they do not affect private real 

property. Specifically, the proposed amendments do not affect 

private property in a manner that restricts or limits an owner's 

right to the property that would othewise exist in the absence of 

a governmental action. Therefore, the proposed amendments 

do not constitute a takings under Texas Government Code. 

Chapter 2007. 

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM 

The commission determined that this rulernaking action relates 

to an action or actions subject to the Texas Coastal Management 

Program (CMP) in accordance with the Coastal Coordination Act 

of 1991, as amended (Texas Natural Resources Code, 5533.201 

et seq.), and the commission rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency with the CMP. As required by 

§281.45(a)(3) and 31 TAC §505.11(b)(2), relating to Actions and 

Rules Subject to the Coastal Management Program, commission rules governing air pollutant emissions must be consistent 

with the applicable goals and policies of the CM!? The commission reviewed this action for consistency with the CMP goals and 

policies in accordance with the rules of the Coastal Coordination Council, and determined that the action is consistent with 

the applicable 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 5501.12(1)). No new 

sources of air contaminants will be authorized and the pmposed 

amendments will maintain the same level of emissions control 

as the existing rules. The CMP policy applicable to this rulemaking action is the policy that commission rules comply with federal 

regulations in 40 Code of Federal Regulations (CFR), to protect 

and enhance air quality in the coastal areas (31 TAC §501.14(q)). 

This rulemaking action complies with 40 CFR 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 rulemaking action is consistent 

with CMP goals and policies. 

EFFECT ON SITES SLIBJECT TO THE FEDERAL OPERATING 

PERMITS PROGRAM 

Sections 101.201 - 101.223 are applicable requirements under 

30 TAC Chapter 122, Federal Operating Permits. Upon the effective date of this rulemaking, owners or operators subject to 

the Federal Operating Permit Program will be required to certify 

compliance with amended §§I 01.201 - 101.223. 

ANNOUNCEMENT OF HEARINGS 

Public hearings for this pmposed rulemaking have been scheduled for the following dates: August 2, 2005, at 2:00 p.m., in 

Austin, TCEQ complex, Building C, Room 131 E, 12100 Park 35 

Circle; August 3,2005, at 10:OO a.m., in Arlington, North Central 

Texas Council of Governments, Transportation Board Room, 3rd 

Floor, 616 Six Flags Drive; August 4,2005, at 7:00 p.m., in Houston, City of Houston Council Chambers, 2nd Floor, 901 Bagby; 

August 5,2005, at 1.00 p.m., in Corpus Christi, Texas A&M-Corpus Christi Campus, Natural Resources Center Building, Room 

1003, 6300 Ocean Drive; and August 8,2005, at 10:OO a.m., in 

30 TexReg 4096 July 15, 2005 Texas Register 
Midland, UT of the Permian Basin, Center for Energy and Economic Diversification Building, 1400 North FM 1788. The hearings will be structured for the receipt of oral or written comments 

by interested persons. Registration will begin 30 minutes prior 

to each hearing. Individuals may present oral statements when 

called upon in order of registration. A five-minute time limit may 

be established at each hearing to assure that enough time is 

allowed for every interested person to speak. There will be no 

open discussion during each hearing; however, comrnission staff 

members will be available to discuss the proposal 30 minutes 

before each hearing and will answer questions before and after 

each hearing. 

Persons planning to attend a hearing who have special communication or other accommodation needs should contact Patricia 

Duron, Office of Legal Services at (512) 239-6087. Requests 

should be made as far in advance as possible. 

SUBMITTAL OF COMMENTS 

Written comments may be submitted to Patricia Duron, MC 205, 

Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 

7871 1-3087, or faxed to (5 12) 239-4808. All comments should 

reference Rule Project Number 2005-024-101-CE. Comments 

must be received no later than 5:00 p.m., on August 8,2005. For 

further information, please contact Ramiro Garcia, Field Operations Division at (512) 239-4481 or Steve Ligon, Field Operations 

Division at (51 2) 239-1 527. 

SUBCHAPTER A. GENERAL RULES 

30 TAC §101.1 

STATUTORY AUTHORITY 

The amendment is adopted under Texas Water Code, 55.103, 

concerning Rules, and 55.105, concerning General Policy, 

which authorize the commission to adopt rules necessary to 

carry out its powers and duties under the Texas Water Code; 

and under Texas Health and Safety Code, 5362.017, concerning Rules, which authorizes the comrnission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air 

Act. The amendment is also adopted under Texas Health and 

Safety Code, 5382.002, concerning Policy and Purpose, which 

establishes the commission's purpose to safeguard the state 

air resources, consistent with the protection of public health, 

general welfare, and physical property; 5382.011, concerning 

General Powers and Duties, which authorizes the commission 

to control the quality of the state air; 5382.012, concerning 

State Air Control Plan, which authorizes the commission to 

prepare and develop a general, comprehensive plan for the 

control of the state air; 5382.0215, concerning Assessment 

of Emissions Due to Emissions Events, which authorizes the 

commission to collect and assess unauthorized emissions data 

due to emissions events; $382.0216, concerning Regulation of 

Emissions Events, which authorizes the commission to establish 

- criteria for determining when emissions events are excessive 

and to require facilities to take action to reduce emissions 

from excessive emissions events; and 5382.085, concerning 

Unauthorized Emissions Prohibited, which prohibits emissions 

of air contaminants except as authorized by commission by rule 

or order. 

The proposed amendment implements Texas Health and Safety 

Code, $5382.002, 382.011, 382.012, and 382.017. 

$1 01.1. 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 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 this chapter, have the following meanings, 

unless the context clearly indicates otherwise. 

(1) - (4) (No change.) 

(5J Boiler--Any combustion equipment fired with solid, 

liquid, andlor gaseous fuel used to produce steam or to heat water. 

[&I Capture system-All equipment (including, but 

not limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air pollutant to a control device. 

(7J [@I Captured facility--A manufacturing or production 

facility that generates an industrial solid waste or hazardous waste that 

is routinely stored, processed, or disposed of on a shared basis in an 

integrated waste management unit owned, operated by, and located 

within a contiguous manufacturing complex. 

(8J [#I Carbon adsorber--An add-on control device that 

uses activated carbon to adsorb volatile organic compounds from a gas 

stream. 

[@I Carbon adsorption system--A carbon adsorber 

with an inlet and outlet for exhaust gases and a system to regenerate 

the saturated adsorbent. 

(10) [@I Coating--A material applied onto or impregnated into a substrate for protective, decorative, or functional 

purposes. Such materials include, but are not limited to, paints, 

varnishes, sealants, adhesives, thinners, diluents, inks, maskants, and 

temporary protective coatings. 

(11) [(I-Q] Cold solvent cleaning--A batch process that 

uses liquid solvent to remove soils from the surfaces of metal parts 

or to dry the parts by spraying, brushing, flushing, and/or immersion 

while maintaining the solvent below its boiling point. Wipe cleaning 

(hand cleaning) is not included in this definition. 

(12) [w] 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 propelling land, water, and air vehicles. 

(13) Combustion turbine--Any gas turbine system that is 

gas andfor 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. Two or more gas turbines powering one shaft will be 

treated as one unit. 

(14) [w] Co~nmercial hazardous waste ' management 

facility--Any hazardous waste management facility that accepts 

hazardous waste or polychlorinated biphenyl compounds 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 controlled by the same person. 

115) [o] Commercial incinerator--An incinerator used 

to dispose of waste material from retail and wholesale trade establishments. 

(16) [(I+] Commercial medical waste incinerator--A facility that accepts for incineration medical waste generated outside the 

property boundaries of the facility. 

PROPOSED RULES July 25,2005 30 TexReg 4097 
(17) [w] 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. 

(18) [o] Condensate--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. 

(19) [w] Construction-demolition waste--Waste resulting from construction or demolition projects. 

(20) [w] Control system or control 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. 

(21) [w] Conveyorized degreasing--A solvent cleaning 

process thai uses a. automated parts handling system, typically a conveyor, to automatically provide a continuous supply of metal 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. 

(22) [@@I 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. 

(23) [w] Custody 'transfer- he transfer of produced 

crude oil andor condensate, after processing andor treating in 

the producing operations, from storage tanks or automatic transfer 

facilities to pipelines or any other forms of transportation. ' [w] De minimis impact--A change in ground level 

concentration of an air contaminant as a result of the operation of any 

new major stationary source or of the operation of any existing source 

that has undergone a major modification that [; whkb] does not exceed 

the following specified amounts. 

Figure: 30 '~AC 4 10 1.1(24) 

~3Q~~] 

[w] Domestic wastes--The garbage and rubbish 

. normally resulting from the functions of life within a residence. 

[w] Emissions banking--A system for recording 

emissions reduction credits so they may be used or transferred for 

future use. 

(27) [w] Emissions event--Any upset event or unscheduled maintenance, startup, or shutdown activity, from a common cause 

that results in unauthorized emissions of air contaminants from ~r 

more [m] emissions points at a regulated entity w]. 

(28) [w] Emissions reduction credit--Any stationary 

source emissions reduction that has been banked in accordance 

with Chapter 101, Subchapter H, Division 1 of this title (relating to 

Emission Credit Banking and Trading). 

(29) [o] 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 of time 

the reduction is eligible for use. 

(30) [-I Emissions unit--Any part of a stationary source 

that emits, or would have the potential to emit, any pollutant subject to 

regulation under the Federal Clean Air Act. 

(31) Excess opacity event--When an opacity reading 

is equal to or exceeds 15 additional percentage points above an 

applicable opacity limit, averaged over a six-minute period. 

(32) [w] Exempt solvent--Those carbon compounds or 

mixtures of carbon compounds used as solvents that have been excluded from the definition of volatile organic compound. 

(33) 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 

complete and separate closure seals, one above the other, containing an 

enclosed space between them. 

(34) [m] Federal motor vehicle regulation--Control of 

Air Pollution from Motor Vehicles and Motor Vehicle Engines, 40 

Code of Federal Regulations Part 85. 

(35) [m] 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 implementation plan (SIP); and any 

permit requirements established under 40 CFR 552.21 or under regulations appmved under 40 CFRPart 5 1, Subpart1 [4], including operating 

permits issued under the approved program that is incorporated into the 

SIP and that expressly requires adherence to any permit issued under 

such program. 

(36) [-I Flare--An open combustion unit (i.e., lacking 

an enclosed combustion chamber) whose combustion air is provided 

by uncontrolled ambient air around the flame, and [wkiek] 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 airffbel mixture. In addition, 

a flare may also use auxiliary fuel. The combustion flame may be elevated or at ground level. A vapor combustor, as defined in this section, 

is not considered a flare. 

(37) [MI Fuel oil--Any oil meeting the American Society 

for Testing and Materials (ASTM) specifications for.fue1 oil in ASTM 

D396-01, Standard Specifications for Fuel Oils, revised 2001. This 

includes fuel oil grades 1,l (Low Sum), 2,2 (Low Sulfur), 4 (Light), 

4,5 (Light), 5 (Heavy), and 6. 

(38) [-I 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 flow. 

(39) [w] Garbage-Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, 

preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, and handling and sale of produce 

and other food products. 

[-I Gasoline--Any petroleum distillate having a 

Reid vapor pressure of four pounds per square inch (27.6 kilopascals) 

or greater [! wkidt] is produced for use as a motor fuel, and is commonly called gasoline. 

(41) [@@I Hazardous waste management facility--All 

contiguous land, including structures, appurtenances, and other 

improvements on the land, used for processing, storing, or disposing . 

of hazardous waste. The term includes a publicly or privately owned 

hazardous waste management facility consisting of processing, 

storage, or disposal operational hazardous waste management units 

such as one or more landfills, surface impoundments, waste piles, 

incinerators, boilers, and industrial furnaces, including cement kilns, 

injection wells, salt dome waste containment caverns, land treatment 

facilities, or a combination of units. 

30 Tdeg 4098 July 15, 2005 Texas Register 
(42) [f391] Hazardous waste management unit--A landfill, 

surface impoundment, waste pile, boiler, industrial furnace, incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or land treatment unit, or any other structure, vessel, 

appurtenance, or other improvement on land used to manage hazardous 

waste. 

(43) [w] Hazardous wastes-Any solid waste identified 

or listed as a hazardous waste by the administrator of the United States 

- Eilvironmental Protection Agency [%] under the federal Solid Waste 

Disposal Act, as amended by Resource Conservation and Recovery Act 

[KRA], 42 United States Code, $56901 et seq., as amended. 

(44) [f4-r)] Heatset (used in offset lithographic printing)-- 

Any operation where heat is required to evaporate ink oil from the printing ink. Hot air dryers are used to deliver the heat. . 

@5J [f42j] High-bake coatings--Coatings designed to cure 

at temperatures above 194 degrees Fahrenheit. 

(46) [f43j] High-volume 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. 

(47) [f441] Incinerator--An enclosed combustion 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 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-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 

1.0% 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 he1 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 regulations within this title 

provided they are installed and operated in compliance with the condition of all applicable permits. 

(48) [o] Industrial boiler--A boiler located on the site 

of a facility engaged in a manufacturing process where substances are 

transformed into new products, including the component parts of products, by mechanical or chemical processes. 

(49) [MI Industrial furnace--Cement kilns;. lime kilns; 

aggregate kilns; phosphate kilns; coke ovens; blast furnaces; smelting, melting, or refining furnaces, including pyrometallurgical devices 

such as cupolas, reverberator furnaces, sintering machines, roasters, or 

foundry furnaces; 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. 

(50) [+I?)] 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 1 industrial solid waste or 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 deconlposition, 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 

8335.1 and 5335.505 of this title (relating to Definitions and Class 1 

Waste Determination). 

(B) Class 2 industrial solid waste is any individual solid 

waste or combination of industrial solid wastes that cannot be described 

as Class I 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, etc., that are not readily decomposable as defined in 8335.507 of this title (relating to Class 

3 Waste Determination). 

(51) [f48j] 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. 

(52) [f49j] Leak--A volatile organic compound concentration greater than 10,000 parts per million 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. 

(53) [o] 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. 

(54) [HI Liquid-mounted seal--A primary seal mounted 

in continuous contact with the liquid between the tank wall and the 

floating roof around the circumference of the tank. 

(55) [o] Maintenance area-A geographic region of the 

state previously designated nonattainment under the Federal Clean Air 

Act (FCAA) Amendments of 1990 and subsequently redesignated to 

attainment subject to the requirement to develop a maintenance plan 

under 42 United States Code, 57505a. The following are the maintenance areas within the state: 

(A) Victoria Ozone Maintenance Area (60 Federal Rexister (FR) [=] 12453)--Victoria County; and 

(B) Collin County Lead Maintenance Area (64 FR 

55421[ - SW])--Portion of Collin County. Eastside: Starting at the 

intersection of South Fifth Street and the fence line approximately 

1,000 feet south of the 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. 

(56) [fU3] Maintenance plan--A revision to the applicable state implementation plan, meeting the requirements of 42 United 

States Code, 57505a. 

(57) [t54j] Marine vessel--Any watercraft used, or capable of being 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. 

(58) [o] Mechanical shoe seal--A metal sheet that is 

held 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. 

PROPOSED RULES July 15,2005 30 TexReg 4099 
(59) Medical waste--Waste materials identified by 

the Department of State Health Services as '!special waste from health 

care-related facilities" and those waste materials commingled and discarded with special waste from health care-related facilities. 

(60) [-I 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), 5 134 and 49 USC, $ 1607. 

(61) [w] Mobile emissions reduction credit--The credit 

obtained from an enforceable, permanent, quantifiable, and surplus (to 

other federal and state regulations) emissions reduction generated by 

a mobile source as set forth in Chapter 114, Subchapter E or F of this 

title (relating to Low Emission Vehicle Fleet Requirements and Vehicle 

Retirement and Mobile Emission Reduction Credits), and [wkiek] 

has been banked in accordance with Subchapter H, Division 1 of this 

chapter. 

(62) [@!?)I Motor vehicle--A self-propelled vehicle 

designed for himsporting persons or property on a street or highway. 

(63) [feel] Motor vehicle fuel dispensing facility--Any site 

where gasoline is dispensed to motor vehicle fuel tanks from stationary 

storage tanks. 

@iJ [w] 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. 

(65) [-I 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 of them. 

(66) [o] Municipal solid waste landfill--A discrete area 

of land or an excavation that receives household waste and that is not a 

land application unit, surfaceimpoundment, injection well, or waste 

pile, as those terms are defined under 40 Code of Federal Regulations $257.2. A municipal solid waste landfill (MSWLF) unit also 

may receive other types of Resource Conservation and Recovery Act 

-1 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. 

(67) [o] National ambient air quality standard--Those 

standards established under 42 United States Code, $7409, including 

standards for carbon monoxide, lead, nitrogen dioxide, ozone, inhalable particulate matter, and sulfur dioxide. 

(68) [m] Net ground-level concentration--The concentration 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. 

(69) [+&)I New source--Any stationary source, the 

construction or modification of which was commenced after March 

5, 1972. 

(70) [w] Nonattainment area--A defined region within 

the state that is designated by United States Environmental Protection Agency (EPA) as failing to meet the national ambient air quality standard for a pollutant for which a standard exists. The EPA will 

designate the area as nonattainment under the provisions of 42 United 

States Code, §7407(d). For the official list and boundaries of nonattainment areas, see 40 Code of Federal Regulations Part 81 and pertinent Federal Rqister (FR) notices. The following areas comprise the 

nonattainment areas within the state for all national ambient air quality 

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 for the eight-hour NAAQS of June 15,2004. 

(A) Carbon monoxide (CO). El Paso CO nonattainment 

area (56 FR 56694)--Classified as a Moderate CO nonattainment area 

with a design value less than or equal to 12.7 parts per million. Portion 

of El Paso County. Portion of the city limits of El Paso: That portion 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 fiom Highway 

62 to Polo Inn Road. Bounded on the east by Polo Inn Road from 

Highway 20 to the Texas-Mexico border. Bounded on the south by 

the Texas-Mexico border fiom 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,J. El Paso PM,, 

nonattainment area. (56 FR 56694)-Classified as a Moderate PM,, 

nonattainment area. Portionof El Paso County [whkh] 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 nonattainment ar- eas. 

(E) Ozone (one-hour). 

(i) Houston-Galveston-Bmoria (HGB) [hletts 

-1 one-hour ozone nonattainment area (56 FR 

56694)-Classified as a Severe-17 ozone nonattainment area. Consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, 

Montgomery, and Waller Counties. 

(ii) El Paso one-hour ozone nonattainment area (56 

FR 56694)--Classified as a Serious ozone nonattainment area. Consists 

of El Paso County. 

(iii) Beaumont-Port Arthur @PA) [- 

A4k] one-hour ozone nonattaininent area (69 FR 16483)--Classified 

as a Serious ozone nonattainment area. Consists of Hardin, Jefferson, 

and Orange Counties. 

(iv) Dallas-Fort Worth -WE&] one-hour 

ozone nonattainment area (63 FR 8128)--Classified as a Serious ozone 

nonattainment area. Consists of Collin, Dallas, Denton, and Tarrant 

Counties. 

Ozone (eight-hour). 

(i) HGB [PI eight-hour 

ozone nonattainment area (69 FR 23936)--Classified as a Moderate 

ozone nonattainrnent area. Consists of Brazoria, Chambers, Fort 

Bend, Galveston, Hams, Liberty, Montgomery, and Waller Counties. 

30 TexReg 4100 July 15, 2005 Texas Register 
(ii) [8mwmw@& AF~F] eight-hour ozone nonattainment area (69 FR 23936)--Classified as a Marginal ozone 

nonattainrnent area. Consists of Hardin, Jefferson, and Orange Counties. . 

(iii) Dallas-Fort Worth [J&t&&W Webk] 

eight-hour ozone nonattainment area (69 FR 23936)--Classified as 

a Moderate ozone nonattainment area. Consists of 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 Clean Air Act, Title 

I, 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) [o] Non-reportable emissions event--Any 

emissions event that in any 24hour period does not result in an 

unauthorized emission equal to or in excess of the reportable quantity 

[is i& 0 iqxwk&e efftisfiefff as defined in this section. 

(72) [o] 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) [(?@I 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 metal parts through condensation of the hot solvent vapors on the colder metal parts. 

(74) [o] Outdoor burning--Any fire or smoke-producing 

process that is not conducted in a combustion unit. 

(75) [m] Particulate matter--Any material, except uncombined water, that exists as a solid or liquid in the atmosphere or 

in a gas stream at standard conditions. 

(76) [+%-)I Particulate matter emissions--All finely-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 Regulatiolls (CFR) Part 60, Appendix A, modified to include 

particulate caught by an impinger hain; by an equivalent or alternative 

method, as specified at 40 CFR Part 5 1; or by a test method specified 

in an approved state implementation plan. 

(77) [t74j] 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) [m] PM,,--Particulate matter with an aerodynamic 

diameter less than or equal to a nominal ten micrometers as measured 

by a reference method based on 40 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) [f74;)] 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 Regulations Part 51, or by a test method specified in an approved state implementation plan. 

(80) [m] Polychlorinated biphenyl compound--A compound subject to 40 Code of Federal Regulations Part 761. 

(sl) [m] Process or processes--Any action, operation, 

or treatment embracing chemical, commercial, industrial, or manufacturing factors such as combustion units, kilns, stills, dryers, roasters, 

and equipment used in connection therewith, and all other methods or 

forms of manufacturing or processing that may emit smoke, particulate 

matter, gaseous matter, or visible emissions. 

(82) [o] Process weight per hour--"Process weight" is 

the total weight of all materials introduced or recirculated into any specific process that may cause any discharge of air contaminants 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 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 process weight for a 24-hour 

period by 24. 

@3J [f88j] 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) [o] 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) 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 term includes any property under common ownership or control identified in a permit or used 

lines under common ownership or control in a particular county may 

be treated as a single regulated entity for purposes of assessment and 

remlation of emissions events. 

(86) [w] Remote reservoir cold solvent cleaning--Any 

cold solvent cleaning operation in which liquid solvent is pumped to a 

sink-like work area that drains solvent back into an enclosed container 

while parts are being cleaned, allowing no solvent to pool in the work 

area. 

(87) [o] Reportable emissions event--Any emissions 

event kt [MI in any 24-hour period, results in an unauthorized 

emission equal to or in excess of the reportable quantity as defined in 

this section. 

(88) [C84j] Reportable quantity (RQ)--1s as follows for 

each facility: 

(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 [-I, Table 302.4, the column "final RQ"; 

(II) listed in 40 CFR Part 355 [w], Appendix 

A, the column "Reportable Quantity"; or 

(III) listed as follows: 

(-a-) butanes (any isomer)--5,000 pounds; 

PROPOSED RULES July 15, 2005 30 TexReg 41 01 
(-b-) butenes (any isomer, except 1,3-butadiene)--5,000 pounds, except in the Houston-Galveston-Brazoria ' ] (HGB) and Beaumont-Port Arthur 

-A) ozone nonaitainment areas as defined 

in paragraph (70)(E)(i) and (iii) [(67j@@ sfid fiiij] of this section, 

where the RQ [W] be 100 pounds; 

(-c-) ethylene--5,000 pounds, except in the 

HGB and BPA ozone nonattainment areas as defined in paragraph 

(70)(E)(i) and (iii) [m aid fiiij] of this section, where the RQ 

[&I be 100 pounds; 

(-d-) carbon monoxide--5,000 pounds; 

(-e-) pentanes (any isomer)-5,000 pounds; 

(-f-) propane-5,000 pounds; 

(-g-) propylene-5,000 pounds, except in the 

HGB and BPA ozone nonattainment areas as defined in paragraph 

(70)(E)(i) and (iii) [m 4 fiiij] of this section, where the RQ 

- must [&I be 100 pounds, 

(-h-) ethanol--5,000 pounds; 

(-i-) isopropyl alcohol-5,000 pounds; 

(-j-) mineral spirits--5,000 pounds; 

(-k-) hexanes (any isomer)--5,000 pounds; 

(-I-) octanes (any isomer)--5,000 pounds; 

(-m-) decanes (any isomer)--5,000 pounds; 

(-n-) acetaldehyde- 1,000 pounds, except in 

the HGB and BPA ozone nonattaiment areas as defined in paragraph 

(70)(E)(i) and (iii) [m 4 fiiij] of this section, where the RQ 

- must [&I be 100 pounds; 

(-o-) toluene--1,000 pounds, except in the 

HGB and BPA ozone nonattainment mas as defined in paragraph 

(70)(E)(i) and (iii) [m aid &ij] of this section, where the RQ 

[W] be 100 pounds; 

(-p-) oxides of nitrogen [dl--200 [-&€@I 

pounds in ozone nonattainment, ozone maintenance, early action 

compact areas, Nueces County, and San Patricio County, and 5.000 

p- which f [state,] be used 

instead of the RQs for nitrogen oxide and nitrogen dioxide [RQI 

provided in 40 CFR Part 302 [@@I, Table 302.4, the column "final 

RQ"; [=I 

(-q-) chlo&difluoromethane (HCFC-22)-- 

5.000 pounds [- &x& - 430 ftewtesi whish &dl Be 4 

~~~~~itt48~~*~~eekwtR 

??ftfffd~erlisletlkt48GF&~~&~~ 

Q=+fiwl; (-r-) trifluo~ornethane (I-IFC-23)--5,000 

pounds; 

(CFC-113)--5,000 pounds; 

pJ 

(CFC-114)--5,000 pounds; 

(4l-J 

1,1,2-trichloro- l,2,2-trifluoroethane 

1,2-dichloro-1,1,2,2-tetrafluoroethane 

chloropentafluoroethane (CFC- I 15)-- 

5,000 pounds; 

(-v-) 1 ,l, 1-trifluoro-2.2-dichloroethane 

(HCFC- 123)--5,000 pounds; 

(HCFC-124)--5.000 pounds; 

(-x-) pentafluoroethane WC-125)--5,000 

pounds; 

(-J-J 1,1,2,2-tetrafluoroethane (HFC-134)-- 

5,000 pounds; 

(-z-) 1,1,1,2-tetrafluoroethane (HFC- 134a)-- 

5,000 pounds; 

(-aa-) 1,l -dichloro- l -fluoroethane 

PCFC-141b)--5,000 pounds; 

(-bb-) I -chloro-1 ,I -difluoroethane 

Q5CFC-l42b)--5,000 pounds; 

(-CC-) 1.1 ,l -trifluoroethane (HFC-143a)-- 

5,000 pounds; 

(-dd-) 1.1 -difluoroethane (HFC- 152a)- 

5,000 pounds; 

3,3-dichloro-l , 1,1,2.2-pentafluoropropane (HCFC-225ca)--5,000 pounds; 

a 1.3-dichloro-l,l,2,2,3-pentafluoropropane (HCFC-225cb)--5,000 pounds; 

(-J& 1,1,1.2,3.4,4,5,5.5-decafluoropentane 

PC 43-10mee)-5,000 pounds; 

(-hh-) difluoromethane (HFC-32)--5,000 

pounds; 

(-ii-) ethylfluoride (HFC-161)--5,000 

pounds; pjj-J 

PC-236fa)--5,000 pounds; 

@C-245ca)-5,000 pounds; 

@C-245ea)-5,000 pounds; 

(-mm- 

(HFC-245eb)--5,000 pounds; 

(-nn-) 

@C-245fa)--5,000 pounds; 

0 

(HFC-236ea)-5,000 pounds; 

1,1,1,3,3-pentafluorobutane 

(HFC-365mfc)-5,000 pounds; 

chlorofluoromethane (HCFC-3 I)-- 

5,000 pounds; 

-- (-IT-) 1,2-dichloro-1,1,2-trifluoroethane 

WCFC-123a)--5.000 pounds; or 

1: 

15 la)--5,000 pounds; 

,chloro-l -fluoroethane (HCFC- 

(ii) if not listed in clause (i) of this ~ubparagraph[~ 

WP=%k 

I00 pounds in nonattainment. maintenance, 

early action compact areas, Nueces County, and San Patricio County; 

- or 

5,000 pounds in all other areas of the state; 

(B) for mixtures of air contaminant compounds: 

(i) where the relative amount of individual air contaminant compounds is known through common process knowledge or 

prior engineering analysis or testing, any amount of an individual air 

contaminant compound that equals or exceeds the amount specified in 

subparagraph (A) of this paragraph; 

(ii) where the relative amount of individual air con- taminant compounds 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 contaminant 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 less than 0.02% by weight of the mixture, and each of the 

other individual air contaminant compounds covered by subparagraph 

(A)(ii) of this paragraph are known to be less than 2.0% by weight 

of the mixture, any total amount of the mixture of air contaminant 

compounds greater than or equal to 5,000 pounds; or 

30 TexReg 41 02 July 15,2005 Texas Register 
(iv) where natural gas excluding methane and 

ethane, or air emissions from crude oil are known to be in an amount 

greater than or equal to 5,000 poui~ds or associated hydrogen sulfide 

and mercaptans in a total amount greater than 100 pounds, whichever 

occurs first; 

(C) for opacity from boilers and combustion turbines 

defined in this section fueled by natural gas, coal, lignite, wood, [w] 

fuel oil containing hazardous air pollutants at a concentration of less 

than 0.02% by weight, or gaseous fuels other than natural gas, provided the hazardous air pollutants or highly reactive volatile organic 

compound content of the fuel does not exceed 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 applicable to boilers and combustion turbines described in this 

paragraph; [ed] 

(D) for facilities where air contaminant compounds are 

measured directly by a continuous emission monitoring system providing updated readings at a minimum 15-minute interval an amount, approved by the executive director based on any relevant conditions and 

a screening model, that would be reported prior to ground level concentrations reaching at any distance beyond the closest regulated entity 

[&&i+y] property line: 

(i) less than one-half of any applicable ambient air 

standards; and 

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

(89) [o] 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. 

Noncombustible rubbish 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) [o] Scheduled maintenance, startup, or shutdown 

activity--For activities withunauthorized emissions that are expected to 

exceed a reportable quantity (RQ), a scheduled maintenance, startup, 

or shutdown activity is an activity that [h w&k] the owner or operator of the regulated entity [&&My] provides timely prior notice and 

a final report as required by 5101.21 1 of this title (relating to Scheduled Maintenance, Startup, and Shutdown 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 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 $101.21 1 of this title. Expected excess opacity events as described in § 101 -20 1 (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 §101.211 of this title. 

(91) [o] 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) [w] Smoke--Small gas-born particles resultii~g 

from incomplete combustion consisting predominately of carbon and 

other combustible material and present in sufficient quantity to be 

visible. 

(93) [f98)] 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, or containerized 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 irrigation return flows, or industrial discharges subject to 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, if the object of the fill is to make 

the land suitable for the constructidn 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 of Texas under [rke] Natural 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 is hazardous 

waste as defined by the administrator of the United States Environmental Protection Agency [%I under the federal Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act 

[&€&I, as amended (42 United States Code, $86901 et seq.). 

(94) [w] Sour crude--A crude oil that will emit a sour 

gas when in equilibrium at atmospheric pressure. 

(95) [w] Sour gas--Any natural gas containing more than 

1.5 grains of hydrogen sulfide per I00 cubic feet, or more than 30 grains 

of total sulfur per I00 cubic feet. 

(96) [o] Source--A point of origin of air 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) [m] Special waste from health care related facilities--A solid waste that if improperly treated or handled, may serve to 

transmit infectious disease(s) and kt [wkidt] is comprised of the following: animal waste, bulk blood and blood products, microbiological 

waste, pathological waste, and sharps. 

(98) [MI Standard conditions--A condition at a temperature of 68 degrees Fahrenheit (20 degrees Centigrade) and a pressure 

of 14.7 pounds per square inch absolute (101.3 kiloPascals). 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. 

(99) [(!%)I 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. 

PROPOSED RULES July 15, 2005 30 TexReg 41 03 
(100) [o] Submerged fill pipe-A fill pipe that extends 

from the top of a tank to have a maximum clearance of six inches (1 5.2 

centimeters) ffom 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 from the tank can no longer withdraw 

liquid in normal operation. 

(101) [(98j] Sulfur compounds--All inorganic or organic 

chemicals having an atom or atoms of sulfur in their chemical structure. 

(102) [w] Sulfuric acid mistlsulfuric acid--Emissions of 

sulfuric acid mist and sulfuric acid are considered to be the same air 

contaminant calculated as YSO, and [&&I include sulfuric acid 

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) [w] Sweet crude oil and gas--Those crude petroleum hydrocarbons that are not "sour" as defined in this section. 

(104) [w] Total suspended particulate--Particulate matter as measured by the method described in 40 Code of Federal Regulations Part 50, Appendix B. 

(105) [w] Transfer efficiency-The amount of coating 

solids deposited onto the surface or apart of product divided by the total 

amount of coating solids delivered to the coating application system. 

(106) [m] 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. 

(107) [w] 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 pennit, rule, or order of the commission or as 

authorized by Texas Clean Air Act, $382.0518(g). 

(108) [w] Upset event--An unplanned or unanticipated 

occurrence or excursion of a process or operation that results in unauthorized emissions. 

(109) [+l-o] Utility boiler--A boiler used to produce electric power, steam, or heated or cooled air, or other gases or fluids for 

sale. 

(1 [0)] Vapor combustor--A partially enclosed combustion device used to destroy volatile organic compounds by smokeless combustion without extracting energy in the form of process heat 

or steam. The combustion flame may be partially visible, but at no 

time does the device operate with an uncontrolled flame. Auxiliary 

fuel andlor a flame air control damping system [< wkiek] can operate at all times to control the airlfuel mixture to the combustor's flame 

zone, may be required to ensure smokeless combustion during operation. 

(111) [w] 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 of the primary seal, the tank 

wall, the liquid surface, and the floating roof or cover. 

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

(113) [(-H-@] Visible emissions--Particulate or gaseous 

matter that can be detected by the human eye. The radiant energy 

from an open flame is considered to be a visible emission under this 

definition. 

[HI Volatile organic compound--As defined in 40 

Code of Federal Regulations 55 1.100(s), except 55 1.100(~)(2) - (4), as 

amended on November 29,2004 (69 FR 69290 [- &XM]). 

[w] 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 and removed from such water 

prior to outfall, drainage, or recovery of such water. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on June 30,2005. 

TRD-200502692 

Stephanie Bergeron Perdue 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: August 14,2005 

For further information, please call: (512) 239-6087 

SUBCHAPTER F. EMISSIONS EVENTS AND 

SCHEDULED MAINTENANCE, STARTUP, AND 

SHUTDOWN ACTIVITIES 

DIVISION 1. EMISSIONS EVENTS 

30 TAC §101.201 

STATUTORY AUTHORIN 

The amendment is adopted under Texas Water Code;$5.103, 

concerning Rules, 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 under Texas Health and Safety Code, $382.017, concerning Rules, which authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air 

Act. The amendment is also adopted under Texas Health and 

Safety Code, $382.002, concerning Policy and Purpose, which 

establishes the commission's purpose to safeguard the state 

air resources, consistent with the protection of public health, 

general welfare, and physical property; 5382.01 1, concerning 

General Powers and Duties, which authorizes the commission 

to control the quality of the state air; $382.012, concerning State 

Air Control Plan, which authorizes the commission to prepare 

and develop a general, comprehensive plan forthe control of the 

state air; 5382.014, concerning Emissions Inventory, which authorizes the commission to require submittal of emissions data; 

5382.021 5, concerning Assessment of Emissions Due to Emissions Events, which authorizes the commission to collect and 

assess unauthorized emissions data due to emissions events; 

5382.0216, concerning Regulation of Emissions Events, which 

authorizes the commission to establish criteria for determining 

when emissions events are excessive and to require facilities 

to take action to reduce emissions from excessive emissions 

events; and 5382.085, concerning Unauthorized Emissions 

Prohibited, which prohibits emissions of air contaminants except 

as authorized by commission by rule or order. 

The proposed amendment implements Texas Health and Safety 

Code, §§382.002, 382.01 1, 382.012, 382.017, 382.021 5, and 

382.0216. 

30 TexReg 4104 July 15, 2005 Texas Register 
J101.201. Emissions Event Reporting and Recordkeeping Requirements. 

(a) The following requirements for reportable emissions 

events [&&I apply. 

(1) As soon as practicable, but not later than 24 hours after 

the discovery of an emissions event, the owner or operator of a 

lated entity [&A&y] shall: 

(A) (No change.) 

(B) notify the commission office for the region in which 

the regulated entity [feeikty] is located, and all appropriate local air 

pollution control agencies with iurisdiction, if the emissions event is 

reportable. 

(2) The notification for reportable emissions events for 

each regulated entity [&+My], except for boilers or combustion 

turbines referenced in the definition of reportable quantity (RQ) in 

$ 101.1 of this title (relating to Definitions) xt [W] at a minimum, 

identify for each facility with emissions that exceed an RQ: 

(A) the name of the owner or operator of the regulated 

entity [&e&y] experiencing an emissions event; 

(B) the commission Regulated Entity Number and air 

account number of the regulated entity [%&ty] experiencing an emissions event, if a Regulated Entity Number and air [an] account number 

exists. If a Regulated Entity Number and air account number does not 

exist, then identify the location of the release and a contact telephone 

number; 

h~~efHTe~&~& 

sim43rkettlftl~@ 

[HI the common name of the process unit or area, 

the common name of the facility @t [wkiek] incurred the emissions 

event, and the common name of the emission point where the unauthorized emissions were released to the atmosphere; 

@ [@I the date and time of the discovery of the emissions event; 

[@I the estimated duration of the emissions event; 

[@I the compound descriptive type of the individually listed compounds or mixtures of air contaminants, in the definition of RQ in $101.1 of this title &t [; W] are known through 

common process knowledge, past engineering analysis, or testing to 

have equaled or exceeded the RQ; 

@J [el the estimated total quantities [d h 6 

&eel +mk&ms h-its] for those compounds or mixtures described in 

subparagraph (FJ [@I of this paragraph[; If- the & 

~~~rke~~~]; 

[@I the best known cause of the emissions event 

at the time of the notification, if known; and 

[@I the actions taken, or being taken, to correct the 

emissions event and minimize the emissions. 

(3) The notification for reportable emissions events for 

boilers or combustion turbines referenced in the definition of RQ in 

$101 .I of this title must [MI identify for each facility with emissions 

that exceed an RQ: 

(A) the name of the owner or operator of the regulated 

entity [hi-&y] experiencing an emissions event; 

(B) the commission Regulated Entity Number and air 

account number of the regulated entity [feeiky] experiencing an emissions event, if a Regulated Entity Number and air [a] account number 

exists. If a Regulated Entity Number and air account number does not 

exist, then identify the location of the release and a contact telephone 

number; 

a [HI the best known cause of the emissions event, 

if known at the.time of notification; 

(DJ [o] the common name of the process unit or area, 

the common name [rw$ (ke &&&y i&&i%&m 

ixmkw] of the facility that experienced the emissions event, and the 

common name [& the emhim p& RtltffBer] where the unauthorized emissions were released to the atmosphere[: 

~e~~4e~sef~ese~fttld~n~8fe

~~c+y~fl&~

sie~~~eFe&~b~

tkFItfttfft8et:ttRBewrlSSieft~der:ifth~W~

(ef%eWleUteeefftfftett~afftefiftrkeq&]; 

@J [@I the date and time of the discovery of the emissions event; 

[@I the estimated duration or expected duration 

of the emissions event; 

[f#j] the estimated opacity; 

(HJ [@I] the actions taken, or being taken, to correct 

the emissions event and minimize the emissions. 

(4) The owner or operator of a regulated entity [&&l&y] ex- periencing an emissions event must provide, in writing, additional or 

more detailed information on the emissions event when requested by 

the executive director or any air pollution control agency with jurisdiction, within the time frames established in the request. 

(5) The owner or operator of a regulated entity [k&My] 

experiencing a reportable emissions event that [wtkiek] also requires 

an initial notification under $327.3 of this title (relating to Notification 

Requirements) may satisfy the initial notification requirements of this 

section by complying with the requirements under $327.3 of this title. 

(b) The owner or operator of a regulated entity [fitel+] experiencing an emissions event shall create a final record of all reportable 

and non-reportable emissions events as soon as practicable, but no later 

than two weeks after the end of an emissions event. Final records must 

[MI be maintained on-site for a minimum of five years and be made 

readily available upon request to commission staff or personnel of any 

air pollution program with jurisdiction. If a regulated entity [&el is 

not normally staffed, records of emissions events may be maintained at 

the staffed location within Texas that is responsible for the day-to-day 

operations of the regulated entity [&I. [W'd W -1 

(lJ The final record of a reportable emissions event must 

identify for each facility: 

[o] the name of the owner or operator of the 

ulated entity [faw] experiencing an emissions event; 

@j [@I the commission Regulated Entity Number and 

air account number of the regulated entity [&+My] experiencing an 

emissions event, if a Regulated Entity Number and air [the] account 

number exists. If a Regulated Entity Number and air account number 

does not exist, then identify the location of the release and a contact 

telephone number; 

PROPOSED RULES July 15,2005 30 TexReg 41 05 
[#)I the physical location of the point at which 

emissions to the atmosphere occurred; 

[HI the common name of the process unit or area, 

the common name and the agency-established facility identification 

number of the facility that experienced the emissions event, and the 

common name and the agency-established emission point number 

where the unauthorized emissions were released to the atmosphere. 

Owners or operators of those facilities and emission points [k 

&&&I] the agency has not established facility identification numbers 

or emission point numbers for are not required to provide the facility 

identification number and emission point number in the report, but are 

required to provide the common names in the report. 

rn [@I the date and time of the discovery of the emissions event; 

Q [@I the estimated duration of the emissions event; 

'0 [m] the compound descriptive type of all individually listed compounds or mixtures of air contaminant^[^] in the definition of RQ in 5101.1 of this title, by facility, that [wkiek] are known 

through common process knowledge or past engineering analysis or 

testing to have been released .during the emissions event, except for 

boilers or combustion turbines referenced in the definition of RQ in 

5 101.1 of this title. Compounds or mixtures of air contaminants, that 

have an RQ greater than or equal to 100 pounds and the amount released is less than ten pounds in a 24-hour period, are not required to 

be specificallv listed in the report, instead these compounds or mixtures 

of air contaminants may be identified together as "other"; 

[@I the estimated total quantities for those compounds or mixtures described in subparagraph (G) - 01 of 

this paragraph [taib&e~], the preconstruction authorization number 

or rule citation of the standard permit, permit by rule, or rule governing 

the regulated entity [EtteilItji] involved in the emissions event, authorized emissions limits for the facility involved in the emissions events, 

[ftRBiif-*-ed-@*] 

except for boilers or combustion tuhines referenced in the definition 

of RQ in 5 10 1.1 of this title which record only the authorized opacity 

limit and the estimated opacity during the emissions event. Methods 

of estimates for facilities with authorizations should be consistent with 

the methods used in the applicable permit application, rule, or order 

of the commission. For all other situations. good engineering practice 

should be utilized. Estimated emissions from compounds or mixtures 

of air contaminants that are identified as "other" under subparagraph 

JG) of this parapraph. are not required for each individual compound 

or mixture of air contaminants, however, a total estimate of emissions 

must be provided for the category identified as "other"; 

Q [@I the basis used for determining the quantity of 

air contaminants emitted, except for boilers or combustion turbines referenced in the definition of RQ in 5101.1 of this title; 

[w] the best known cause of the emissions event 

at the time of reporting; 

[w] the actions taken, or being taken, to correct 

the emissions event and minimize the emissions; and 

[w] any additional information necessary to evaluate the emissions event. 

(2J Records of non-reportable emissions events must ident& 

@J the name of the owner or operator of the regulated 

entity experiencing an emissions event; 

@J the commission Regulated Entitv Number and air 

account number of the regulated entity experiencing an emissions 

event, if a Regulated Entity Number and air account number exists. If a 

Regulated Entihr Number and air account number does not exist, then 

identify the location of the release and a contact telephone number; 

0 the physical location of the point at which emissions 

to the atmosphere occurred; 

the common name of the process unit or area, the 

common name of the facility that experienced the emissions event, and 

the common name of the emission point where the unauthorized emissions were released to the atmosphere; 

@J the date and time of the discovery of the emissions 

event; 

Q the estimated duration of the emissions event; 

0 the compound descriptive type of the individually 

listed compounds or mixtures of air contaminants, by facility, in the 

definition of RQ in $101.1 of this title, that are known through common process knowledge, past engineering analysis, except for boilers 

or combustion turbines referenced in the definition of RQ in $ 101.1 of 

this title and that were unauthorizediompounds or mixtures of air 

contaminants. that have an RQ greater than or eqlial to 100 pounds and 

the amount released is less than ten pounds in a 24-hour period, are not 

required to be specifically listed in the report, instead these compounds 

or mixtures of air contaminants may be identified together as "other"; 

the estimated total quantities and the authorized 

emissions limits for those compounds or mixtures desm'bed in 

subparagraph (G) of this paragraph. Methods of estiniates for.facilities 

with authorizations should be consistent with the methods used in 

the applicable permit application, rule, or order of the commission. 

For all other situations, good 'engineering practice should be utilized 

Estimated emissions from compounds or mixtures of air contaminants 

that are identified as "other" under subparamaph (G) of this paragraph, 

are not required for each 'individual compound or mixture of air 

contaminants, however, a total estimate of emissions must be provided 

for the category identified as "other"; 

QJ the best known cause of the emissions event at the 

time of recording; and 

any additional information necessary to evaluate the 

emissions event. 

(c) For all reportable emissions events, if the information required in subsection @) of this section differs from the information 

provided in the 24-hour notification under subsection (a) of this section, the owner or operator of the regulated entity [%il&y] shall submit a copy of the final record to the commission office for the region in 

which the regulated entity [i%e&] is located and to appropriate local 

air pollution agencies with iurisdiction no later than two weeks after the 

end of the emissions event. If the owner or operator does not submit a 

record under this subsection, the information provided in the 24-hour 

notification under subsection (a) of this section will be the ha1 record 

of the emissions event, provided the initial notification was submitted 

electronically in accordance with subsection (g) of this section. 

(d) The owner or operator of a boiler or combustion turbine, as defined in 91 01.1 of this title, fueled by natural gas, coal, lignite, 

wood, or fuel oil containing hazardous air pollutants at a concentration 

of less than 0.02% by weight, or gaseous fuels other than natural gas, 

provided the hazardous air pollutants or highly reactive volatile organic 

compound content of the fuel does not exceed 0.02% by weight, that 

is equipped with a continuous emission monitoring system that completes a minimum of one operating cycle (sampling, analyzing, and data 

30 Tdeg 41 06 July 15,2005 Taas Register 
recording) for each successive 15-minute interval, and is required to 

submit excess emission reports by other state or federal requirements, 

is exempt from creating, maintaining, and submitting final records of 

reportable and non-reportable emissions events of the boiler or combustion turbine under subsections (b) and (c) of this section as long as 

the notice submitted under subsection (a) of this section contains the 

information required under subsection (b) of this section. 

(e) [Pat~er~eCrt~kasen~~ 

Wwkeffilkes~~~ber~G- 

~*fteeve#=~~~~~~ 

w-miwk peie&] As soon as practicable, but not later than 24 hours 

after the discovery of an excess opacity event, as defined in $ 101.1 

of this title, where the owner or operator was not already required to 

provide a notification under subsection (a)(2) or (3) of this section, the 

owner or operator shall notify the commissio~i office for the region in 

which the regulated entity [&eAAy] is located, and all appropriate local 

air pollution control agencies with jurisdiction. In the notification, the 

owner or operator shall identify: 

(1) the name of the owner or operator of the regulated entity 

[he&ty] experiencing the excess opacity event; 

(2) the commission Regulated Entity Number and air account number of the regulated entity [%+My] experiencing an [exeew] 

opacity event, if a Regulated Entity Number and air [tm] account number exists. If a Regulated Entity Number and air account number does 

not exist, then identifv the location of the release and a contact telephone number; 

(3) - (8) (No change.) 

(9) the best known cause of the excess opacity event[;] 

the time of the notification [i-fhewn]; and 

(10) (No change.) 

(f) The owner or operator of any regulated entity [k&l&y] subject to the provisions of this section shall perform, upon request by 

the executive director or any air pollution control agency with jurisdiction, a technical evaluation of each emissions event. The evaluation 

must [W] include at least an analysis of the probable causes of each 

emissions event and any necessary actions to prevent or minimize recurrence. The evaluation @ [MI be submitted in writing to the 

executive director and to the appropriate local air pollution agencies 

with jurisdiction within 60 days from the date of request. The 60-day 

period may be extended by the executive director. 

(g) On and after January 1,2003, notifications and reports required in subsections (c) and (e) of this section * [&] be submitted electronically to the commission using the electronic forms provided by the commission. On and after January 1, 2004, notifications 

required in subsection (a) ofthis section must [shall] be submitted electronically to the commission using electronic forms provided by the 

commission. Notwithstanding the requirement to report initial notifications electronically after January 1, 2004, the owner or operator of 

a regulated entity [f&&&y] experiencing a reportable emissions event 

that [? Akk] also requires an initial notification under 8327.3 of this 

, title, is not required to report the event electronically under this subsection provided the owner or operator complies with the requirements 

under 8327.3 of this title and in subsections (a) and (c) of this section. Owners and operators must report emissions events electronically by using an online form on the commission's secure [web] 

server. In the event the commission's server is unavailable due to technical failures or scheduled maintenance, events may be reported via 

facsimile to the appropriate regional office. The commission will provide an alternative means of notification in the event that the commission's electronic reporting system is inoperative. Electronic notification and reporting is not required for small businesses that [MLkidt] 

meet the small business definition in Texas Clean Air Act [T€XA], 

$382.0365(g)(2) and to appropriate locat air pollution agencies with 

iurisdiction. Small businesses shall provide notifications and reporting 

by any viable means fhat [wkiek] meet the time frames required by this 

section. 

(h) Annual emissions event reporting: on or before March 31 

of each calendar year or as directed by the executive director, each 

owner or operator of a regulated entity, as defined in 8101.1 of this 

title that are subject to reporting under 81 01.10 of this title, and those 

that are not subiect to reporting under 81 01 .I 0 of this title, but are losions event during the calendar year shall report to the executive director, and all appropriate local air pollution control agencies with jurisdiction, the following: [kr Hte eve& &he ewiw M epemtw efr! ki&+y 

fttilsbFeeeFtef~~~~eFC31;CB)ierfe)e

(lJ the number of reportable and non-reportable emissions 

events experienced at the regulated entity by facility; 

QJ the estimated total quantities for all compounds or mixtures of air contaminants, by compound or mixture, in the definition of 

RQ in $ 10 1.1 of this title that, by facility, were emitted during emissions events at the regulated entity except for boilers or combustion 

enes referenced in the definition of RQ in Ij 101.1 of this title, that 

must report only the estimated opacities during the emissions events 

and durations of unauthorized opacity. Compounds or mixtures of air 

contaminants, that have an RQ greater than or equal to 100 pounds and 

the amount released is less than one pound in a 24-hour period, are not 

required to be included in the report. Methods of estimates for facilities 

with authorizations should be consistent with the methods used in the 

applicable permit application, rule, or order of the commission. For all 

other situations, good engineering practice should be utilized, and 

(3J owners and operators of regulated entities that are not 

subject to- reporting under $101.10 of this title must provide annudl 

electronic reporting system is inoperative. If the commission's server 

is unavailable due to technical failures or scheduled maintenance, the 

annual reports may be provided through alternative means to the executive director. Annual electronic reporting is not required for small 

businesses that meet the small business definition in Texas Clean Air 

Act, $382.0365(g)(2) and to appropriate local air pollution agencies 

with jurisdiction. Small businesses shall provide annual reporting by 

any viable means that meet the time frames required by this section. 

owners and operators of regulated entities that are subject Lo reporting under $1 01.10 of this title must provide the information 

required by this subsection as part of their reporting under $101.10 of 

this title. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

PROPOSED RULES July 15,2005 30 TexReg 4107 
Filed with the Office of the Secretary of State on June 30, 2005. 

TRD-200502693 

Stephanie Bergeron Perdue 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: August 14, 2005 

For further information, please call: (512) 239-6087 

DIVISION 2. MAINTENANCE, STARTUP, AND 

SHUTDOWN ACTMTIES 

30 TAC 5101.211 

STATUTORY AUTHORITY 

The amendment is adopted under Texas Water Code, 95.103, 

concerning Rules, and 95.105, concerning General Policy, 

which authorize the commission to adopt rules necessary to 

carry out its powers and duties under the Texas Water Code; 

and under Texas Health and Safety Code, 9382.01 7, concerning Rules, which authorizes the commission to adopt rules 

consistent with the policy and purposes of the Texas Clean Air 

Act. The amendment is also adopted under Texas Health and 

Safety Code, 9382.002, concerning Policy and Purpose, which 

establishes the commission's purpose to safeguard the state 

air resources, consistent with the protection of public heatth, 

general welfare, and physical property; 9382.01 1, concerning 

General Powers and Duties, which authorizes the commission 

to control the quality of the state air; 9382.012, concerning State 

Air Control Plan, which authorizes the commission to prepare 

and develop a general, comprehensive plan for the control of the 

state air; 9382.014, concerning Emissions Inventory, which authorizes the commission to require submittal of emissions data; 

9382.021 5, concerning Assessment of Emissions Due to Emissions Events, which authorizes the commission to collect and 

assess unauthorized emissions data due to emissions events; 

5382.0216, concerning Regulation of Emissions Events, which 

authorizes the commission to establish criteria for determining 

when emissions events are excessive and to require facilities 

to take action to reduce emissions from excessive emissions 

events; and 9382.085, concerning Unauthorized Emissions 

Prohibited, which prohibits emissions of air contaminants except 

as authorized by commission by rule or order. 

The proposed amendment implements Texas Health and Safety 

Code, 99382.002, 382.01 1, 382.012, 382.01 7, 382.0215, and 

$1 01.21 1. Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements. 

(a) The owner or operator of a remlated entity [&&My] con- ducting a scheduled maintenance, startup, or shutdown activity shall 

notify the commission ofice for the region in which the regulated enQ [&d&y] is located and all appropriate local air pollution control 

agencies with jurisdiction at least ten days prior to any scheduled maintenance, startup, or shutdown activity @ [wkidt] is expected to cause 

an unauthorized emission that [wbbb] equals or exceeds the reportable 

quantity (RQ) as defined in $101.1 of this title (relating to Definitions) 

in any 24-hour~eriod and/or an activitv where the owner or overator expectsonly an excess opacity event as defined in $101.1 of thi's title [that 

rjs&ieetce~ef~**&~~~ & . . 8fl$ &mdeepg -1. >f notice cannot be given 

ten days prior to a scheduled maintenance. startu~. or shutdown activscheduled activity. Maintenance, startup, or shutdown activities where 

the actual emissions exceed the emissions in the notification by more 

than an RQ or for which a notification was not submitted prior to the 

activity are emissions events. Excess opacity events where unauthorized emissions result are emissions events. Owners and operators of! 

regulated entity with facilities that exceed the emissions or opacity estimate submitted in the notification or experience unauthorized emissions during an expected excess opacity event shall report such events 

as emissions events in accordance with the requirements in $101.201 

of this title and $10 1.222 of this title (relating to Demonstrations). 

(1) The notification for a scheduled maintenance, startup, or shutdown activity, except for boilers and combustion turbines referenced in the definition of RQ in $1 01 .I of this title, must [W] identify: 

(A) (No change.) 

(B) the commission Regulated Entity Number and air 

account number of the regulated entity [fiwikty], if a Regulated Entity Number and air [=] account number exists. If a Regulated Entity 

Number and air account number does not exist, then identify the location of the release and a contact telephone number; 

(C) - (E) (No change.) 

(F) the common name of the process unit or area, the 

common name and the agency-established facility identification number of the facility that wilibe kvolved in the emisiions activity [+ 

mead #e e&s&m eve&], and the common name and the agency-es- - - tablished emission point number where the unauthorized emissions 

may be [w] released to the atmosphere. Owners or operators of those 

facilities and emission points@ [&urkie8] the agency has not established facility identification numbers or emission point numbers for are 

not required to provide the facility identification number and emission 

point number in the report, but are required to provide the common 

names in the report; 

(GI (No change.) 

(H) the compound descriptive type of the individhlly 

listed compounds or mixtures of air contaminants, in the definition of 

RQ in $101.1 of this title, by facility, that [wkiek] througb common 

process knowledge or past engineering analysis or testing are expected 

to equal or exceed the RQ. Compounds or mixtures of air contaminants, 

that have an RQ greater than or equal to 100 pounds and the amount 

released is less than ten pounds in a 24-hour period, are not required to 

be specifically listed in the report, instead these compounds or mixtures 

of air contaminants may be identified together as "other"; 

(I) the estimated total quantities for those compounds or 

mixtures described in subparagraph (H) of this paragraph, the preconstruction authorization number or rule citation of the standard permit, 

permit by rule, or rule governing the regulated entity [-f&&ty] involved 

in the activity, authorized emissions limits for the facility involved in 

the emissions activity, and, if applicable, the estimated opacity and 

the authorized opacity limit. Methods of estimates for facilities with 

authorizations should be consistent with the methods used in the ap 

plicable permit application, rule, or order of the commission. For all 

other situations, good engineering practice should be utilized. Estimated emissions from compounds or mixtures of air contaminants that 

are identified as "other" under subparagraph (H) of this paragraph, are 

not required for each individual compound or mixture of air contaminants, however, a total estimate of emissions must be provided for the 

category identified as "other"; 

(J) - (K) O\lo change.) 

ity, noiif&tion must [W] be given as soon as p;&ticable prior to the 

30 TaReg 4108 July 15, 2005 Texas Register 
(2) The notification for a scheduled maintenance, startup, 

or shutdown activity involving a boiler or combustion turbine referenced in the definition of RQ in $ 101.1 of this title, or where the owner 

or operator expects only an excess opacity event and the owner or operator was not already required to provide a notification under paragraph 

(I) of this subsection, must [MI identify: 

(A) (No change.) 

(B) the commission Regulated Entity Number and air 

account number of the regulated entity [kd-ity], if a Regulated Entity Number and air [=] account number exists. If a Regulated Entity 

Number and air account number does not exist, then identify the location of the release and a contact telephone number; 

(C) - (D) (No change.) 

(E) the co~nmon name of the process unit or area, 

the common name and the agency-established facility identification 

number of the facility that experienced the excess opacity event, and 

the common name and the agency-established emission point number 

where the excess opacity event occurred. Owners or operators of 

those facilities and emission points [fe~ d&h] the agency has not 

established facility identification numbers or emission point numbers 

- for are not required to provide the facility identification number and 

emission point number in the report, but are required to provide the 

common names in the report; 

(F) - (I) (No change.) 

(b) The owner or operator of a regulated entity [w] 

conducting a scheduled maintenance, startup, or shutdown activity 

shall create a final record of all scheduled maintenance, startup, and 

shutdown activities with unauthorized emissions, or with opacity 

exceedances from boilers and combustion turbines referenced in- the 

definition of RQ in $101.1 of this title. The final record must [MI 

be created as soon as practicable, but no later than two weeks after 

the end of each scheduled activity. Final records must [MI be 

maintained on-site for a minimum of five years and be made readily 

available upon request to commission staff or personnel of any air 

pollution program with jurisdiction. If a regulated entity [&el is 

not normally staffed, records of scheduled maintenance, startup, and 

shutdown activities may be maintained at the staffed location within 

Texas that is responsible for day-to-day operations of the regulated 

[dl. Such scheduled activity records must [s4tt4] identify: 

(lJ for owners and operators of regulated entities that were 

required to notify under subsection (a) of this section: 

[HI the name of the owner or operator; 

[&I the commission Regulated Entity Number and 

air account number of the regulated entity [&&l4ty], if a Regulated Entity Number and air [=] account number exists. If a Regulated Entity 

Numbefand air account number does not exist, then identify the location of the release and a contact telephone number; 

[HI the physical location of the scheduled point at 

which emissions from the maintenance, startup, or shutdown activity 

will occur; 

a [o] the type of scheduled maintenance, startup, or shutdown activity and the reason for the scheduled activity; 

(EJ [@I the common name of the process unit or area, 

the common name and the agency-established facility identification 

number of the facility that experienced the emissions activity [went], 

and the commonname and the agency-established emission point number where the unauthorized emissions were released to the atmosphere. 

Owners or operators of those facilities and emission points at [% 

wkiok] the agency has not established facility identification numbers 

or emission point lumbers for are not required to provide the facility 

identification number and emission point number in the report, but are 

required to provide the common names in the report; 

(FJ [@)I the date and time of the scheduled maintenance, startup, or shutdown activity; 

Q [m] the duration of the scheduled maintenance, 

startup, or shutdown activity; 

[@I the compound descriptive type of all individually listed compounds or mixtures of air contaminants, in the definition 

ofRQ in $101.1 of this title, by facility,that [wkiek] are knownthrough 

common process kilowledge or past engineering analysis or testing to 

have been released during the scheduled maintenance, startup, or shutdown activity, except for boilers or combustion turbines referenced in 

the definition of RQ in $101.1 of this title.(=ompounds or mixtures of 

air contaminants, that have an RQ meater than or equal to 100 pounds 

and the amount released is less than ten pounds in a 24-hour period, are 

not required to be specifically listed in the report instead these compounds or mixtures of air contaminants may be identified together as 

"other"; 

111 [w] the estimated total quantities and the authorized 

emissions limits for those compounds or mixtures described in & 

paragraph IH) of this paramph [pmgm$+ @j &&k mbswtkn] , the 

precoilstruction authorization number or rule citation of the standard 

permit, permit by rule, or rule governing the regulated entity [&A&j] 

involved in the scheduled maintenance, startup, or shutdown activity, 

authorized emissions limits for the facility involved in the scheduled 

maintenance, startup, or shutdown activity, and, if applicable, the estimated opacity and authorized opacity limit, except for boilers or combustion turbines referenced in the definition of RQ in $ I01 .I of this title 

@t [wkiek] record only the authorized opacity limit and the estimated 

opacity during the emissions event. Methods of estimates for facilities 

with authorizations should be consistent with the methods used in the 

applicable permit application, rule, or order of the commission. For 

all other situations, good engineering practice should be utilized. Estimated emissions from compounds or mixtures of air contaminants that 

- are identified as "other" under subparagraph (H) of this paragraph are 

not required for each individual compound or mixture of air contaminants, however, a total estimate of emissions must be provided for the 

category identified as "other"; 

(.IJ [w] the basis used for determining the quantity of 

air contaminants to be emitted, except for boilers or combustion turbines referenced in the definition of RQ in $1 01.1 of this title; and 

[w] the actions taken to minimize the emissions 

from the scheduled maintenance, startup, or shutdown activity. 

(21 for owners and operators of regulated entities that were not required to notify under subsection (a) of this section: 

#J the name of the owner or operator; 

(l3J the commission Regulated Entitv Number and air 

account number of the regulated entity if a Regulated Entity Number 

and air account number exists. If a Regulated Entity Number and air 

account number does not exist, then identify the location of the release 

-hone number; 

the physical location of the scheduled point at 

which emissions from the maintenance, startup, or shutdown activity 

will occur; 

the type of scheduled maintenance, startup, or shutdown activity and the reason for the scheduled activity; 

PROPOSED RULES July 15,2005 30 TexXeg 4109 
@J the common name of the process unit or area, the 

common name and the agency-established facility identification number of the facility that experienced the emissions activity, and the common name and the apency-established emission point number where 

the unauthorized emissions were released to the atmosphere. Owners 

or operators of those facilities and emission points that the agency has 

not established facility identification numbers or emission point numbers for are not rewired to provide the facility identification number 

and emission point number in the report, but are required to provide 

the common names in the report; 

Q the date and time of the scheduled maintenance, 

startup, or shutdown activity; 

a the duration of the scheduled maintenance, startup, or shutdown activity; 

" N the compound descriptive type of the individually 

listed compounds or mixtures of air contaminants, in the definition of 

RQ in $10 1.1 of this title, that are known through common process 

knowledge, past engineering analysis, except for boilers or combustion 

turbines referenced in the definition of RQ in $ 10 1.1 of this title and 

that were unauthorized. Compounds or mixtures of air contaminants, 

that have an RQ greater than or equal to 100 pounds and the amount 

released is less than ten pounds in a 24-how period, are not required to 

be specifically listed in the record instead these compounds or mixtures 

of air contaminants may be identified together as "other"; and 

Q the estimated total quantities and the authorized 

emissions limits for those compounds or mixtures described in 

subparagraph CH) of this paragraph. Methods of estimates for facilities 

with authorizations should be consistent with the methods used in 

the applicable pennit application, rule. or order of the commission. 

For all other situations, good engineering practice should be utilized 

Estimated emissions from wmpounds or mixtures of air contaminants 

that are identified as "other" under subparagmph (H) of this para~ph 

are not required for each individual compound or mixture of air 

contaminants, however, a total estimate of emissions must be provided 

for the category identified as "other". 

(c) For any scheduled maintenance, startup, or shutdown ac- tivity for which an initial notification was submitted under subsection 

(a) of this section, which does not provide all [q the information required in subsection (b) of this section or if the information has changed 

fkm the prior notification [&%m %em &he id%im&m pwded +mk 

suketim (aj &&is wstkm], the owner or operator of the regulated 

entity [fad&y] shall submit a [eepy efh] fi~l record as required by 

subsection (b) of this section to the commission office for the region in 

which the regulated entity [kA+ty] is located and to appropriate local 

air pollution agencies with jurisdiction no later than two weeks after the 

end of the scheduled activity. If the owner or operator does not submit 

a record under this subsection, the information provided'under subsection (a) of this section will be the final record of the scheduled activity. 

(d) The owner or operator of a boiler or combustion turbine 

as defined in $101.1 of this title fueled by natural gas, coal, lignite, 

wood, or fuel oil containing hazardous air pollutants at a concentration 

of less than 0.02% by weight, or gaseous fuels other than natural gas, 

provided the hazardous air pollutants or highly reactive volatile organic 

compound content of the fuel does not exceed 0.02% by weight, that 

is equipped with a continuous emission monitoring system that completes a minimum of one operating cycle (sampling, analyzing, and 

data recording) for each successive 15-minute interval, and is required 

to submit excess emissions reports by other state or federal regulations, 

is exempt from creating, maintaining, and submitting final records of 

scheduled maintenance, startup, and shutdown activities with unauthorized emissions under subsections (b) and (c) of this section, as long as 

the notice submitted under subsection (a) of this section contains the 

information required under subsection (b) of this section. 

(e) The executive director may specify the amount, time, and 

duration of emissions that will be allowed during the scheduled maintenance, startup, or shutdown activity. The owner or operator of any 

source subject to the provisions of this section shall submit a technical plan for any scheduled maintenance, startup, or shutdown activity 

when requested by the executive director with a copy to the appropriate local air pollution agencies with jurisdiction. The plan~t [MI 

contain a detailed explanation of the means by which emissions will 

be minimized during the scheduled maintenance, startup, or shutdown 

activity. For those emissions that [wkiek] must be released into the 

atmosphere, the plan [W] include the reasons such emissions 

cannot be reduced further. 

For annual scheduled maintenance, startup. and shutdown 

activity reporting on or before March 31 of each calendar year, or as directed by the executive director, each owner or operator of a regulated 

g 

entity site, as defined in 91 01.1 of this title that are subiect to reporting 

under $101.10 of this title but are located in nonattainment, maintenance, early action compact areas, Nueces County, and San Patricia 

County, that experienced at least one scheduled maintenance, startup, 

and shutdown activity during the calendar year must report to the executive director, and all appropriate local air pollution control agencies 

with jurisdiction: 

the number of reportable and non-reportable scheduled 

maintenance, startup, and shutdown activities experienced at the regulated entity by facility; and 

121 the estimated total quantities for all wmpounds or mixtures, by compound or mixture, of air contaminants, in the definition 

of RQ in $ 101.1 of this title that, by facility, emitted during scheduled 

maintenance, startup, and shutdown activities at the regulated entity, 

except for boilers or combustion turbines referenced in the definition 

of RQ in $ 101.1 of this title that must report only the estimated opacities during the scheduled maintenance. startup, and shutdown activity 

events and durations of unauthorized opacity. Compounds or mixtures 

of air contaminants, that have an RQ greater than or equal to 100 pounds 

and the amount released is less than one pound in a 24-hour period, are 

not required to be included in the report. Methods of estimates for facilities with authorizations should be consistent with the methods used 

in the applicable permit application, rule, or order of the commission. 

For all other situations, good engineering practice should be utilized; 

- and 

121 owners and operators of regulated entities that are not 

subject to reporting under 5 101.10 of this title must report annual total 

emissions resulting from all scheduled maintenance, startup, and shutdown activities electronically by using an online form on the commission's secure Web server. The commission will provide an alternative 

means of reporting in the event that the commission's electronic reporting system is inoperative. If the commission's server is unavailable due 

to technical failures or scheduled maintenance, the annual reports may 

be reported to the executive director. Annual electronic reporting is not 

required for small businesses that meet the small business definition in 

Texas Clean Air Act, 9382.0365(g)(2) and to appropriate local air pollution agencies with jurisdiction. Small businesses shall provide annual 

reporting by any viable means that meet the time frames required by 

this section; and 

owners and operators of regulated entities that are subject to reporting under $10 1.10 of this title must provide the information 

required by this subsection as part of their reporting under $ 10 1.10 of 

this title. 

30 TexReg 41 10 July 15, 2005 Texas Register 
This agency hereby certifies that the proposal has been reviewed (d) Sources emitting air contaminnnts that [MI cannot be 

by legal counsel and found to be within the agency's legal author- controlled or reduced due to a lack of technological knowledge may be 

ity to adopt. exempt from the applicable rules and regulations when so determined 

and ordered by the commission. The commission may specify limitaFiled with the Office of the Secretary of State on June 30,2005. tions and conditions as to the operation of such exempt sources. The 

TRD-200502694 

Stephanie Bergeron Perdue 

Director, Environmental Law Division 

Texas Commission on Environmental Quallty 

Earliest possible date of adoption: August 14, 2005 

For further information, please call: (512) 239-6087 

DIVISION 3. OPERATIONAL REQUIREMENTS, DEMONSTRATIONS, AND ACTIONS 

TO REDUCE EXCESSIVE EMISSIONS 

30 TAC 55101.221- 101.223 

STATUTORY AUTHORITY 

The amendments are proposed under Texas Water Code, 

s5.103, concerning Rules, and s5.105, concerning General 

Policy, which authorize the commission to adopt rules necessary 

to carry out its powers and duties under the Texas Water Code; 

and under Texas Health and Safety Code, 5382.017, concerning 

Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. 

The amendments are also adopted under Texas Health and 

Safety Code, 5382.002, concerning Policy and Purpose, which 

establishes the commission's purpose to safeguard the state 

air resources, consistent with the protection of public health, 

general welfare, and physical property; s382.011, concerning 

General Powers and Duties, which authorizes the commission 

to control the quality of the state air; s382.012, concerning State 

Air Control Plan, which authorizes the commission to prepare 

and develop a general, comprehensive plan for the control of the 

state air; s382.014, concerning Emissions Inventory, which authorizes the commission to require submittal of emissions data; 

s382.0215, concerning Assessment of Emissions Due to Emissions Events, which authorizes the commission to collect and 

assess unauthorized emissions data due to emissions events; 

s382.0216, concerning Regulation of Emissions Events, which 

authorizes the commission to establish criteria for determining 

when emissions events are excessive and to require facilities 

to take action to reduce emissions from excessive emissions 

events; and 5382.085, concerning Unauthorized Emissions 

Prohibited, which prohibits emissions of air contaminants except 

as authorized by commission by rule or order. 

The proposed amendments implement Texas Health and Safety 

Code, ss382.002, 382.011, 382.012, 382.017, 382.0215, and 

382.0216. 

$1 01.22 1. Operational Requirements. 

(a) All pollution emission capture equipment and abatement 

equipment must [MI be maintained in good working order and operated properly during facility operations. Emission capture and abatement equipment must [W] be considered to be in good working order 

and operated properly when operated in a manner such thal each facility is operating within authorized emission limitations. 

(b) - (c) (No change.) 

commission will not exempt soirees from comply in^ with any federal .- - requirements, including ~ew Source Performance Standards 140 Code 

of Federal Regulations Part 60) and National Emission Standards for 

Hazardous Air Pollutants (40 Code of Federal Regulations Parts 61 and 

63). 

(e) The owner or operator of a facility has the burden of 

proof to demonstrate that the criteria identified in §101.222(a) and 

(b) of this title (relating to Demonstrations) for emissions events, or 

in $101.222(c) of this title for scheduled maintenance, startup, or 

shutdown activities are satisfied for each occurrence of unauthorized 

emissions. The owner or operator of a facility has the burden of proof 

to demonstrate that the criteria identified in §101.222(d) of this title 

for excess opacity events, as defined in 4101.1 of this title (relating to 

Definitions), or in $101.222(e) of this title for excess opacity events 

resulting from scheduled maintenance, startup, or shutdown activities 

are satisfied for each excess opacity event. 

(f) (No change.) 

$101.222. Demonstrations. 

(a) (No change.) 

(b) Non-excessive emissions events. Emissions events that are determined not to be excessive are subject to an affirmative defense to 

all claims in enforcement actions brought for these events, other than 

claims for administrative technical orders and actions for injunctive 

relief, [end] for which the owner or operator proves all ofthe following: 

(1) the owner or operator complies with the requirements 

of $ 101.20 1 of this title (relating to Emissions Event Reporting and 

Recordkeeping Requirements). In the event the owner or operator of a 

facility fails to report as required by $101.201(a)(2) or (3), (b), or (e) 

of this title, the commission will initiate enforcement for such failure 

to report and for the underlying emissions event itself. This subsection 

does not apply when there are minor omissions or inaccuracies that 

do not impair the commission's ability to review the event according 

to this rule, unless the owner or operator knowingly or intentionally 

falsified the information in the report; 

(2) (No change.) 

(3) the unauthorized emissions did not stem from any activity or event that could have been foreseen and avoided, and could not 

have been reasonably avoided by technically feasible [@I design, 

operation, and maintenance practices consistent with good engineering practice; 

(4) - (9) (No change.) 

(I 0) the percentage of a facility's total annual operaling 

hours during which unauthorized emissions occurred was not unreasonably high; [&I 

(1 1) & unauthorized emissions did not cause or con- tribute to an exceedance of the national ambient air quality standards 

(NAAQS), prevention of significant deterioration (PSD) increments, 

or to a condition of air pollution@ [;I 

PROPOSED RULES July 15,2005 30 Tdeg 4111 
(12) the unauthorized emissions were not maintenance, startup, or shutdown emissions that were not reported under 

3101.21 l(a) of this title (relating to Scheduled Maintenance, Startup, 

and Shutdown Reporting and Recordkeeping Requirements), but 

could reasonably have been reported 

(c) Scheduled [-I startup[i] or shutdown activity. 

Emissions from a scheduled [-I startup[;] or shutdown activity are subiect to an affirmative defense to all claims in enforcement 

actions brought for these activities, other than claims for administrative 

technical orders and actions for iniunctive relief, for which [#b 

CWke~&~Wtw8~~~ 

eFg!&uSE+%e+-mf3F%fteffttit%& 

ttrteer @8i&QS% sakes] the owner or operator proves all of the following: 

(1) the owner or operator complies with the requirements 

of§101.211 ofthis title [mb&hddedw- 

& Rq&hg aid -1. Failure 

to report information that does not impair the commission's ability to 

review the activity will not result in enforcement action and loss of 

opportunity to claim the affirmative defense; 

(2) the periods of unauthorized emissions from [q 

seldded e~ s-h&vm] activity could not have 

been prevented through planning and design; 

(3) the unauthorized emissions from [my seheddd 

4tftFRtf3i e~slwtbwn] activity were not part of a recurring 

pattern indicative of inadequate design, operation, or maintenance; 

(4) if the unauthorized emissions from [e~y iwhdukl 

e~+&&kwm] activity were caused by a bypass of 

control equipment, the bypass was unavoidable to prevent loss of life, 

personal injury, or severe property damage; 

(5) (No change.) 

(6) the frequency and duration of operation m a scheduled 

[-I startup[i] or shutdown mode resulting in unauthorized 

emissions were minimized; 

(7) (No change.) 

(8) the owner or operator actions during the period of unauthorized emissions from the [any sekMed er 

&wtthm] activity were documented by contemporaneous operating 

logs or other relevant evidence; and 

(9) (No change.) 

(d) Excess opacity events. Excess opacity events that are subject to §101.201(e) of this title, or for other opacity events where there 

was no emissions event, are subject to an affirmative defense to all 

claims in enforcement actions for these events, other than claims for 

administrative technical orders and actions for injunctive relief, [ad] 

for which the owner or operator proves all of the following: 

(1) the owner or operator complies with the requirements 

of 4 101.201 of this title. Failure to report information that does not 

impair the commission's ability to review the event will not result in 

enforcement action and loss of opportunity to claim the affirmative defense; 

(2) the opacity did not stem from any activity or event that 

could have been foreseen and avoided, and could not have been reasonably avoided by technically feasible [@I design, operation, and 

maintenance practices consistent with good engineering practice; 

(3) - (9) (No change.) 

(e) Opacity events resulting from scheduled [-I 

startupL] or shutdown activity. Excess opacity events, or other 

opacity events where there was no emissions event, that result from a 

scheduled [-I startup [;I or shutdown activity are subject to 

an affirmative defense to all claims in enforcement actions brought for 

these activities, other than claims for administrative technical orders 

and actions for iniunctive relief, for which [rke ep&y 

ef+!!!.!!ye) ef* &If3 +kitkg b ~speeikl 

%wee@ ttrtlefs] the owner or operator proves all of the following: 

(1) the owner or operator complies with the requirements 

of 4101.21 1 of this title. Failure to report information that does not 

impair the commission's ability to review the event will not result in 

enforcement action and loss of opportunity to claim the affirmative defense; 

(2) - (5) (No change.) 

(6) the frequency and duration of operation in a [sekddd 

-1 startup[i] or shutdown mode resulting in opacity were 

minimized; 

(7) - (9) (No change.) 

(f) Obligations. Subsections (c) and (e) of this section do not remove any obligations to comply with any other existing permit, rule, 

or order provisions that are applicable to a scheduled maintenance, 

startup, or shutdown activity, including complying with any federal permitting requirements. 

(h) Maintenance activity. Emissions or opacity events from a 

maintenance activity that have been reported or recorded in compliance 

with 5101.21 1 of this title are subject to an afiinnative defense to all 

claims in enforcement actions brought for these activities, other than 

claims for administrative technical orders and actions for injunctive relief, for which the owner or operator proves all of the criteria listed in 

subsection (c)(l) - 19) of this section for emissions, or subsection (e)(l) 

- (9) of this section for opacity events except that, according to the following schedule, the affirmative defense will only apply to those emissions or opacity events 'hm a maintenance activity that arises from 

sudden and reasonably unforeseeable events beyond the control of the 

operator that requires the immediate corrective action to restore normal 

operation: [Tkis se&m expim cm 3mw=j & rke amrttissieR-efevisee&ef*ebIkeFweAen~~&-d~iR(e*-* 

-*slke--treviseevefsieReE 

~~(kis~~cmktRe38;~] 

U when the effective date of renewal, amendment or is- suance of any preconstruction permit associated with the facility as required by Texas Health and Safety Code, 9382.0518, for which the application was submitted following the effective date of this section; or 

for all other facilities beginning two years after the effective date of this section. 

$101.223. Actions to Reduce Excessive Emissions. 

(a) The executive director will provide written notification to 

an owner or operator of a facility upon determination that a facility 

has had one or more excessive emissions events. The written notification must [W] contain, at a minimum, a description of the emissions events that were determined to be excessive and the time period 

when those excessive emissions events were evaluated. Upon receipt 

of this notice, the owner or operator of the facility must take action to 

reduce emissions and shall either file a corrective action plan (CAP) or, 

if the emissions are sufficiently frequent, quantifiable, and predictable, 

in which case the owner or operator may file a letter of intent to obtain 

30 TexReg 4112 July 15,2005 Texas Register 
authorization from the commission for emissions from such events, in 

lieu of a CAP. 

(1) When a CAP is required, the owner or operator must 

submit a CAP to the commission ofice for the region and local air 

pollution agency with iurisdiction in which the facility is located within 

60 days after receiving notification from the executive director that a 

facility has had one or more excessive emissions events. The 60-day 

period may be extended once for up to 15 days by the executive director. 

The CAP must [W], at a minimum: 

(A) identify the cause or causes of each excessive emissions event, including all contributing factors that led to each emissions 

event; 

(B) - (D) (No change.) 

(2) An owner or operator must obtain commission approval 

of a CAP no later than 120 days after the commission receives the first 

CAP submission from an owner or operator. If not disapproved within 

45 days after initial filing, the CAP [&A] be deemed approved. 

The owner or operator of a facility must respond completely and adequately, as determined by the executive director, to all written requests 

for information concerning its CAP within 15 days after the date of such 

requests, or by any other deadline specified in writing. An owner or operator of a facilitymay request written approval of a CAP, in which case 

the commission shall take final written action to approve or disapprove 

the plan within 120 days from the receipt of such request. Once approved, the owner or operator must implement the CAP in accordance 

with the approved schedule. The implementation schedule is enforceable by the commission. The commission may require the owner or 

operator to revise a CAP if the commission finds the plan, after implementation begins, to be inadequate to prevent or minimize emissions or 

emissions events. If the CAP is disapproved, or determined to be inadequate to prevent or minimize excessive emissions events, the executive director shall identify deficiencies in the CAP and state the reasons 

for disapproval of the CAP in a letter to the owner or operator. If the 

commission finds a CAP inadequate to prevent or minimize excessive 

emissions events after implementation begins, an owner or operator 

must file an amended CAP within 60 days after written notification by 

the executive director. 

(3) (No change.) 

(b) The executive director, after a review of the excessive emissions events determinations made at a regulated entity [site] as defined 

in $101.1 of this title (relating to Definitions), may forward these determinations to the commission requesting that it issue an order finding 

that the regulated entity [A] has chronic excessive emissions events. 

Orders issued by the commission under this section will [MI be part 

of the entity's compliance history as provided in Chapter 60 of this title 

(relating to Compliance History). The commission may issue an order 

finding that a regulated entity [A] has chronic excessive emissions 

events after considering the following factors: 

(1) the size, nature, and complexity of the regulated entity 

[site] operations; 

(2) the frequency of emissions events at the regulated entity 

[site]; and 

(3) the reason or reasons for excessive emissions event determinations at that regulated entity [&el. 

(c) (No change.) 

(d) Nothing in this section [W] limit the commission's 

ability to bring enforcement actions for violations of the Texas Clean 

Air Act or rules promulgated thereunder, including enforcement actions to require actions to reduce emissions from excessive emissions 

events. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on June 30, 2005. 

TRD-200502695 

Stephanie Bergeron Perdue 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: August 14, 2005 

For further information, please call: (512) 239-6087 

TITLE 31. NATURAL RESOURCES AND 

CONSERVATION 

PART 1. GENERAL LAND OFFICE 

CHAPTER 15. COASTAL AREA PLANNING 

SUBCHAPTER A. MANAGEMENT OF THE 

BEACHIDUNE SYSTEM 

31 TAC $15.2, $15.6 

The General Land Office (GLO) proposes to amend 31 TAC, Part 

1, Chapter 15, relating to Coastal Area Planning, $15.2 relating to Definitions, and $15.6, relating to Concurrent Dune Protection and Beachfront Construction Standards. The proposed 

amendments update citations and make minor editorial corrections. These rule amendments have been undertaken as a result of the comprehensive review of the GLO's rules mandated 

by Texas Government Code $2001.039, and will ensure that the 

rules are clear, necessary, and updated. 

'The proposed amendment of §15.2(6) updates the definition 

of "BeachlDune Rules." The definition currently refers to the 

BeachlDune rules as $$15.1-15.20. Section 15.12 has been 

added to the BeachlDune Rules, so the proposed amendment 

updates the definition to include $15.12. 

The proposed amendment of 51 5.2(69) updates the definition of 

"Unique flora and fauna." 'The definition currently refers to endangered or threatened species listed "at" the Endangered Species 

Act of 1973 (Act) andlor Texas Parks and Wildlife Code Chapter 

68. The proposed amendment clarifies that the species are not 

listed in these statutes, but are listed "pursuant to" the authority granted in these statutes. In addition, the proposed amendment corrects the citation to the Act, which currently reads "16 

United States Code Annotated, 51531." The Act is codified in 

551531-1544, so the phrase "et seq." is added to indicate that 

the Act is codified in multiple sections. 

The proposed amendment of §15.6(b) adds a period at the end 

of the sentence. 

PROPOSED RULES July 15,2005 30 TexReg 4113 
~RAPHICS Graphic images included in rules are published separately in this tables and graphics 

section. Graphic images are ananged in this section in the following order: Title Number, 

Part Number, Chapter Number and Section Number. 

Graphic images are indicated in the text of the emergency, proposed, and adopted rules by the following tag: the word "Figure" 

followed by the TAC citation, rule number, and the appropriate subsection, paragraph, subparagraph, and so on 

Figure: 30 TAC §101.1(24) 

TABLES AND GRAPHICS July 15,2005 30 TexReg 4I45 

AIR CONTAM[NANT 

Inhalable Particulate Matter (PM,,) 

Sulfur Dioxide 

Nitrogen Dioxide 

Carbon Monoxide 

ANNUA1L 

1.0 pg/m3 

l.0pg/rn3 

1.0 pg/m3 

24-HOUR 

5 pg/m3 

5pg/m3 

8-HOUR 

0.5 mg/m3 

3-HOUR 

25 pg/m3 

1-HOUR 

2 mg/m3 
Kathleen Hartnett White, Chainnan 

R. B. "Ralph" Marquez, Commissioner 

Larry R. Soward, Commissioner 

Glenn Shankle, Executive Director 

Protecting Teras by Reducing and Preventing Pollution 

NOTICE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIROMMENTAL QUALITY 

ON PROPOSED RE:VISIONS TO 30 TAC CHAPTER 101 

AND THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environinental Quality (commission) will conduct public hearings to receive testimony 

concerning revisions to 30 TAC Chapter 101, General Air Quality Rules, and corresponding revisions to the state 

implementation plan (SIP), under the requirements of Texas Health and Safety Code, $382.017; Texas 

Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, $51.102 of the United 

States Environmental Protection Agency (EPA) regulations concerning SIPS. 

The proposed amendments to $$101.1, 101.201, 101.21 1, 101.221 - 101.223 would revise and add definitions, 

revise notification and reporting requirements, and would also revise demonstration criteria for emissions events, 

scheduled maintenance, startup, and shutdown activities. The proposed rulemaking would also provide for an 

affirmative defense for certain emissions from scheduled maintenance, startup, and shutdown activities. It would 

also implement House Bill 2 129, $ 1, 79th Legislature, 2005. 

Public hearings for this proposed rulemaking have been scheduled for the following dates: August 2, 2005, at 

2:00 p.m., in Austin, TCEQ complex, Building C, Room 13 lE, 12100 Park 35 Circle; August 3,2005, at 10:OO 

a.m., in Arlington, North Central Texas Council of Governments, Transportation Board Room, 3rd Floor, 616 

Six Flags Drive; August4,2005, at 7:00 p.m., in Houston, City of Houston Council Chambers, 2nd Floor, 901 

Bagby; August 5,2005, at 1 :00 p.m., in Corpus Christi, Texas A&M-Corpus Christi Campus, Natural Resources 

Center Building, Room 1003, 6300 Ocean Drive; and August 8, 2005, at 10:OO a.m., in Midland, Uk of the 

Permian Basin, Center for Energy and Economic Diversification Building, 1400 North FM 1788. 

Persoils with disabilities who have special communication or other accoinmodatioil needs who are planning to 

attend the hearing should contact Patricia Durbn, Office of Legal Services at (512) 239-6087. ~e~uests should 

be made as far in advance as possible. 

Comments inay be submitted to Patricia Durbn, MC 205, Office of Legal Services, Texas Colnmissioll on 

Enviroilmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (5 12) 239-4808. All coinments 

should reference Rule Project Number 2005-024-101-CE, and must be received by 5:00 p.m., August 8,2005. 

For further information, please coiltact Rainiro Garcia, Field Operations Division at (512) 239-4481 or Steve 

Ligon, Field Operations Divisioil at (512) 239-1527. 

Issued in Austin, Texas, on June 29, 2005. 

P.0. Box 13087 0 Austin, Texas 7871.1-3087 512/239-1.000 . Internet address: www.tcerj.state.tx.~~s