$; 

### Kathleen HartnettWhite, 

### Chairman R. B. "Ralph" 

### Marquez, 

### Commissioner Larry 

### R. Soward, 

### Commissioner Glenn Shankle, 

### Executive Director 

# TEXAS COMMISSION ON 

# ENVIRONMENTAL QUALITY
Protecting 

### Terasby

### Reducing andPreventing Pollution



## Docket 

## No. 2005-0792RUL

January 23,2006

Richard 

## E. Greene, Regional Administrator U.S. Environmental ProtectionAgency 

# - Region 

## 6 1445Ross 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 ofunplanned and planned MSS activities. The adoptedrulemaking provides for an affirmative defense for certain 

## emissions and revises some of the demonstration criteria for qualifying for 

## an affirmative defense. The adopted rulemaking alsoprovides 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 statutorychanges 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 Internetaddress:www.tceq.state.tx.us

, ., " .,*, , t3 .s?\--,..< -8

## THE STATE OFTEXAS

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. 2005-024-101-CE Volume 1 of 

### 2

### INTRODUCTION

The Texas Commissionon 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, 101.211

### ,.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 conceptsof unplanned
and planned MSS activities; providefor 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. Inaddition,

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 untilthere is

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

2129, 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 Notificationand Proposal



# . Written and Oral Testimony



# . Evaluationof 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) 239-1527.

# PUBLIC NOTIFICATION 

# AND PROPOSAL

### PUBLIC NOTIFICATION

Notificationto the public of the proposed revisionswas conducted by the following procedures:



### I. Publication of the notice of public hearing inthe 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 Registeron 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 Departmentof Healthand Human Services

Harris County Pollution Control Department

North Central Texas Council of Governments

Houston-GalvestonArea Council
South East Texas Regional Planning Commission
Texas Departmentof Transportation
Texas Transportation Institute

Arkansas Department of Pollution Control and Ecology

Louisiana Department of Environmental Quality

New Mexico Air Quality Bureau
Oklahoma Departmentof Environmental Quality



### U. S. Environmental ProtectionAgency

## EXAMPLE OFNEWSPAPER CLASSIFIED AD Houston Chronicle July2, 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 re

### The 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 rulernakingwouhalso 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 atZ:OO p.m., in Austin TCEQ corn lex: 7;;":ipnv 

### G &om 21 

## 0d Park 35 circle'. Au ust 3, 9005 

### fit 1O%O a.m., In Arl~n ton ~orth Cenrral Sxa& council of Governments Transportation ~oard Room, 3rd Floor, 616 Six Fla 

### s Drive; August 4 3005 at 7:00 p.m.. 

### lh ~ous'ton. Clty of Houston Counc~lThe commission does not cludingentrancesand 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 intendedto clarify the meaning of the 45-day and 180-day time limits. These time limitshave always been intended to mean the nulnberof days the equipment is at a

hours of ceasing operation.

alter these requirements. StephanieBergeron 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 TexasHealth and Safety Code, $382.01 7; Texas Government Code, Subchapter B, Chapter 2001; and 

### 40 Code of Federal Regulations, $51.102 of the United States Environmental Protection Agency @PA) regulations concerningSIPS.
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 thisproposed 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., 

### inArlington,North CentralTexas Council ofGovernments,Transportation Board Room, 3rd Floor, 616 SixFlagsDrive; 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 1003,6300Ocean Drive; and August 8,2005, at 10:OO a.m., in Midland, 

### UT ofthe Permian Basin, Center forEnergy and Economic Diversification Building, 1400 North FM 1788.
Persons with disabilitieswho have specialcommunication or other accommodationneeds who 

### areplanningto attend the hearingshould 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 toPatriciaDurbn, MC 205, OfficeofLegal 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 OperationsDivision at (512) 239-1527. 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 

## TexasRegister

### (SHPJC), Western High Plains 

### (WHP), Permian Basin (PB), 

### [ad] El This agency herebycertifies that the proposal has been reviewed PasoflransPecos 

### (EPITP), and the PanhandleBoll Weevil Eradication by legal counseland foundto 

### be within the agency's legalauthorZones. as definedin 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 declaredas suppressedby 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 legalcounseland foundto be withinthe agency's legalauthority to adopt.

Filedwith the Office of the Secretaryof State on June 30, 2005. TRD-200502701 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Earliest possible date of adoption:August 14, 2005 Forfurther 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 TheTexasAlcoholic Beverage Commission proposes new933.9, 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 localgovernment as a resultof 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 determinedthat 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.
Thisrule relates to 55.55 oftheAlcoholic Beverage Code. @ A service fee of $0.50 shall be assessed for each on-line transaction. 

### &J An additional fee of2.25% ofthe total transaction amount shall be assessed 

### for transactionspaid by credit card. Alan Steen Administrator Texas Alcoholic Beverage Commission Earliest possible date ofadoption: 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, 101.211, 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 revisionswould 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 TexasRegistercurrently modifying the electronic reporting systemto implement several changes including allowing for a single incident report for emissions events covering multiple facilities. Other revisions
were suggestedthat 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 changethe word "which" to "that" and the word "shall" to "must" in numerous locations inthe 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. SUBCHAPTERA, 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 "Combustionturbine" 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$101.1(25), renumbered as $101 .I (27),would amend the definitionof"Emissionsevent" tofurther define that any upset event or unscheduledmaintenance, 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 simplystate 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 activityat 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 renumberedaccordingly. There are several revisions proposed to the definition of "Reportable quantity (RQ)." First, the proposed amendment to §101.1(84)(A), renumberedas §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 clarifythat the RQ requirements are for each facilitygiven the changed definition of emissions event. Second, proposed §101.1(88)(A)(i)(lll)(-p-), would provide for RQsfor "oxidesof nitrogen." The new RQsfor 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 nonattainmentareas, near-nonattainment areas, maintenance areas, and early action compact areas and Nueces and San Patricio Counties will remain at 100 pounds, whilethe default RQfor all otherareas is being proposedat5,000 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 replacedwith "regulated entity." These changes were required by HB 2129. The commission proposesto amend §101.1(87) by deleting the definitionof "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 TexReg4091Division I: Emissions Events Section 101.201

# - Emissions Event Reportingand 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 Registrysystem, the air account number is no longer the primary identifier of the regulated entity. The RN is necessary to report incidentsvia the agency's electronic reporting system. If the regulated entity does not have an RN or air account number, the locationof 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 5101.201 (a)(2)(H), relettered as subparagraph (G).
The commission proposesto add the term "best knownnand "at the time of the notification" to existing 5101.201 (a)(2)(1), relettered as subparagraph (H), and to existing 5101.201 (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 operatorsof boilers and combustionturbines 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 removethe requirement to report the facilrty identificationnumbersor emission point numbers.
The commission proposesto amend §101.201 (a)(3)(1) by deleting the provisionto report the authorizedopacity limit inthe initial notification. Opacity is not an emission and therefore not necessary for evaluation of impacts. The commissionproposesto 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 reletteredas 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 Registrysystem, the air account number is no longerthe primary identifier of the regulatedentity. The RN is necessaryto 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 notificationsand 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 equalto 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 languagethat requires that the methodsof 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 estimatingemissions.
The commission proposes to amend 5101.201(b)(10), renumbered as ~101.201(b)(l)(J), to add the terms "best knownnand "at the time of the notification" to clarify that the cause of the emissionevent is based on best available informationatthe 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 reportingofthe common nameofthe process unitor area, the common name of the facility that experienced the emissions event, and the common nameofthe 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, insteadthese compounds or mixtures of air contaminants may be identifiedtogether as "other." This provision is intended to address concerns expressed at the stakeholder meetings that it is difficult and unnecessaryto speciate and report very small quantities of chemicals involved in a reportable event.



### 30 TexReg4092 July 

### 15,2005 TexasRegisterThe 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 emissionsevent 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 3101.201(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 proposesto amend §1.01.201 (e) by deletingduplicative language that is now covered inthe proposed definition of "Excess opacity event" in §I01

### .I. The commission proposes to add reporting to local air pollution control agencies with jurisdictionto §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. Ifthe regulated entity does not have
an RNor air account number,the locationof a releaseand 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 "atthe 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 submittalof atechnical analysisof emissions eventsto appropriate local air pollutionagencies 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 Reportingand Recordkeeping Requirements The commission proposes to amend 3101.21 1(a) to clarify that actual emissionsfrom maintenance,startup, or shutdown activities that exceed the estimatedemissions 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 referenceto §I 01 

### .I where excess opacity is proposedto 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 identificationof 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 notificationsand final reports must be reported. The commission proposes to amend §101.21l(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 3101.21 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 lessthan 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 consistentwith 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 entitiesthat are requiredto 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 amendedto provide languagethat requiresidentificationofthe commission RN of the regulated entity experiencing the activity. If the regulated entity does not have an RN or air account number, the locationof a release and a contact telephone number in notifications and final reports must be reported.



## PROPOSED RULES July 15,2005 30 

## Tdeg 4093Proposed §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 §101.21l(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 equalto 100 pounds andthe 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 proposesto amend $101.211(b)(9), relettered
as subsection (b)(l)(l), to delete the referenceto existing paragraph (8) and to refer to the relettered subparagraph (H). Also, the commission proposesthat compounds or mixturesof air contaminants, that have an RQ greater than or equalto 100 pounds and the amount released is lessthan one pound ina 24-hour period, are not requiredto 

### be included in the report. Language has also been added to allowthe compounds or mixtures of air contaminants listedas "other" under $101.21 1 (b)(8)to betreated 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 combustionturbines referenced in the definition of RQ in $101 .I andthat were unauthorized. The commission also proposesthat 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 authorizationsshould 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 §I01.21 l(b)(2)(~) to be treated as a group for estimating emissions. The commission proposesto add languageto §101.21l(c)to requirethat reportingbr scheduled maintenance,startup, or shutdown activities must also be reported to appropriate local air pollution agencies with jurisdiction. The commissionproposesto amendfj101.21 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 ifthe inbrmation in the initial notification is the same as in the final report. The commission proposesto add language to §101.21l(e)to require that a copy of the requested technical planfor 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: OperationalRequirements, 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 HazardousAir Pollutants (40 Code of Federal Regulations Parts 61 and 63)" to specify particularfederal 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 reportand for the underlying emissions event itself. The proposed amendmentalso provides that subsection (b) does not applyfor minor omissions or inaccuracies that do not impair the commission's ability to reviewthe event according to this rule, unlessthe owner or operator knowinglyor intentionally falsified the information in the report. The proposed amendmentto51 01.222(b)(3) and (d)(2) provides
a reasonablenessstandardfor determiningthis 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 bytechnically 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, orshutdown emissions that are not reported prior to their occurrence are considered unscheduled maintenance, and therefore fall into the category of emissions events. However, underthis 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 provisionwould provide a disincentivefor owners or operatorsto decide to skip notificationand be treated as an emissions event.



### 30 

## TexReg 4094 

## July 15, 2005 

## TexasRegisterThe proposed amendment to §lQ1.222(c) deletes languagethat ~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 providesthat an affirmative defense is availablefor all claims in enforcement actions for these emissions, other than claims for administrative technical orders and actions for injunctive relief, ifthe owner oroperator 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 independentobligations, such as recordkeeping or reporting. The proposed amendmentto 5101.222(c) would also remove references to maintenance emissions thatwill 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 failureto reportinformation that does not impair the commission's abilityto review the event will not result in enforcement action and loss of opportunity to claim the affirmative defense. The proposed amendment to 5101.222(e) deletes language that provides that emissions from scheduled maintenance, startup, and shutdown activities are required to meet the requirements of $1 11 .I II

(a), unlessthe 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 actionsfor injunctive relief, if the owner or operator proves the criteria listed in the rule. The affirmative defense applies only to the emissionsfrom 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 languagewould phaseoutthe 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 maintenancesuch as routine replacementoffacility parts that are regularand quantifiable. Upon permitamendment, 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 rulewould allow two years for those facilities to have their routine maintenance activities authorized before losingthe abilityto claiman 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 maintenancethat is initiatedto resolvean operational problemwith a facility. Opacity events resultingfrom maintenance activities are also included in proposed 5101.222(h) and would betreated in the same way as emissions from maintenance activities. Section 101.223

# - Actions to Reduce Excessive Emissions The proposed amendmentto §101.223(a)(I) would add the requirementto submit a corrective action plan to the local air pollution agency withjurisdiction to clarifythat local air pollution agencies should receive the corrective action plan. The commission proposesto 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 resultof administration or enforcement of the proposed amendments. The proposed rulemakingwould modify currentcommission 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 rulernakingwould 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 SIPapproval from EPA and includedan 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 providingspecific 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 changethe protectionfor startup,shutdown, and nonroutine maintenanceactivitiesto affirmative defense. Regulated entities would be requiredto submit a single annual emissions reportfor 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 eachyear of the firstfive 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 notthey are submitted in a report, no significantadverse fiscal implications are anticipated for individuals or large businesses that must now prepare a single annual report. SMALL BUSINESSAND MICRO-BUSINESS ASSESSMENT No adversefiscal implicationsare anticipated for small or microbusinesses. Small or micro-businesses would be affected in the same manneras individualsor largebusinesses bythe 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 4095because 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 Thecommission reviewedthe proposedrulernaking in lightof 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 inTexas 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 emissionsfrom routine maintenance activities. Inaddition, the pmposed rulernakingwould 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 healthand safety ofthe 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 federalgovernmentto implement a state andfederal 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 andSafety 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), becausethe proposedamendments do not meet any of the four applicability requirements. The commission invites public comment regardingthe draft regulatoryimpact analysis determination during the publiccomment period. TAKINGS IMPACTASSESSMENT 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 rightto 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 actionssubject tothe Texas Coastal Management Program (CMP) in accordance withthe CoastalCoordinationAct of 1991, as amended (Texas Natural Resources Code, 5533.201 et seq.),and the commission rules in30TAC Chapter281, Subchapter 

### B, concerning Consistency with the CMP. As requiredby §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 reviewedthis actionfor 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 enhancethe diversity, quality, quantity, functions, andvalues of coastal natural resource areas (31TAC 5501.12(1)). No new sources of air contaminants will beauthorized andthe pmposed amendments will maintain the same level of emissions control as the existing rules. The CMP policy applicableto this rulemaking action isthe policythat commission rules complywith federal regulations in40 Code of Federal Regulations (CFR), to protect and enhanceair quality inthe coastalareas (31TAC §501.14(q)). This rulemakingaction complies with 40 CFR Part 51, Requirementsfor 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. EFFECTON SITES SLIBJECTTO THE FEDERALOPERATING 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 Programwill be required to certify compliance with amended §§I01.201 

# - 101.223. ANNOUNCEMENT OF HEARINGS Public hearingsfor 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 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-Corpus Christi Campus, Natural Resources Center Building, Room 1003, 6300 Ocean Drive; and August 8,2005, at 10:OO a.m., in



### 30 

### TexReg4096 

## July 15, 2005 Texas RegisterMidland, 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 statementswhen 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 hearingwho 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 submittedto Patricia Duron, MC 205, Texas RegisterTeam, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (5 12) 239-4808. All comments should reference Rule Project Number 2005-024-101-CE. Comments must be receivedno 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, FieldOperations Divisionat (51 2) 239-1 527. 

## SUBCHAPTERA. GENERAL RULES
30 TAC 

### §101.1 STATUTORYAUTHORITY
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 authorizesthe commissionto 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 contaminantsexcept as authorized by commission by rule or order. The proposed amendment implementsTexas Health and Safety Code, $5382.002, 382.011, 382.012, and 382.017. $101.1. 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 termsthat are definedby 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 limitedto, hoods, ducts, fans, booths, ovens, dryers,etc.) that contains, collects, and transportsan air pollutant to a control device. (7J 

## [@I Captured facility--A manufacturing orproduction facilitythat generates an industrial solid waste orhazardous 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 contiguousmanufacturing complex. (8J 

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

uses activated carbonto adsorb volatileorganic compounds from a gas stream. 

## [@I Carbon adsorption system--A carbon adsorber with aninlet 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 solventbelow its boiling point. Wipe cleaning (hand cleaning) is not included in this definition. (12) 

# [w] Combustion unit--Any boilerplant, furnace,incinerator, flare, engine, or other device or systemused to oxidize solid, liquid, or gaseous fuels, but excluding motors and enginesused in propelling land, water, and air vehicles. (13) Combustion turbine--Any gas turbine system that is gas andforliquid 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 gasturbines powering one shaft will be treated as one unit. (14) 

# [w] Co~nmercialhazardous 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 outsidethe property boundaries of the facility.



## PROPOSED RULES July 25,2005 30 

## TexReg4097(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 organiccompounds. (18) 

# [o] Condensate--Liquidsthat result from the coolingandlorpressure changes of producednaturalgas. Oncethese liquids



### areprocessed at gas plants orrefineriesorin any othermanner, they are
no longer considered condensates. (19) 

# [w] Construction-demolitionwaste--Waste resulting from construction or demolition projects. (20) 

# [w] Control system or control device--Any part, chemical, machine, equipment, contrivance, or combinationof 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 facilitiesto 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 thathas undergonea major modification

## that [; 

### whkb] does not exceed the following specified amounts. Figure: 30 

### '~AC 

### 4 101.1(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,orshutdownactivity, from a commoncause 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 creditcertificate-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, anypollutant 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-minuteperiod. (32) 

# [w] Exempt solvent--Those carbon compounds or mixtures of carbon compounds used as solvents that have been excluded from the definition ofvolatile 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 completeand separate closure seals, oneabove 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 under40CFR 552.21 orunder regulations appmved under40CFRPart 5 1, Subpart1

### [4],including operating permits issued under the approvedprogram 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 orwithout a refractory lining), but is not equipped with a flame air control damping system to control the airffbelmixture. 

### 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 inASTM D396-01, Standard Specifications for Fuel Oils, revised 2001. This includes fuel oil grades 1,l (Low Sum),2,2 

### (LowSulfur),4 (Light), 4,5 (Light), 5 

### (Heavy), and 6. (38) 

## [-I Fugitive emission--Any gaseous orparticulate 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 consumptionoffood, including waste materials from markets, storage facilities, and handling and sale ofproduce 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] isproduced for use as amotor 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 managementunit--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 onland used to managehazardous 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 SolidWaste - Disposal Act, as amendedby Resource Conservationand RecoveryAct [KRA],42 United States Code, $56901 

### et seq.,as amended. (44) [f4-r)] Heatset (used in offset lithographicprinting)-- Any operation where heat isrequired to evaporateink oil from the printing ink. Hot air dryers are used to deliver the heat. .
@5J [f42j]High-bake coatings--Coatingsdesigned 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 operatesbetween 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 ofthe waste and is equippedwith a flue for conducting products of combustionto the atmosphere. Any combustion device that burns 10% or more of solid waste on a total British thermal unit (Btu) heat inputbasis averaged over any one-hourperiod is considered to be an incinerator. A combustion device without instrumentationor methodology to determinehourly flowrates of solidwaste 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 he1for 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 providedthey areinstalled 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, includingthe componentparts ofproducts, by mechanical or chemical processes. (49) [MIIndustrial furnace--Cement kilns;. lime kilns; aggregate kilns; phosphate kilns; coke ovens; blast furnaces; smelting, melting,or refining furnaces, including pyrometallurgicaldevices such as cupolas, reverberator furnaces, sintering machines,roasters, or foundry furnaces; titanium dioxide chloride process oxidationreactors; 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 solidwasteor Class I waste isany 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 concentrationor 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 industrialsolid waste is any individualsolid wasteorcombinationofindustrial solidwastes thatcannotbe described as Class I or Class 3, as defined in $335.506 of this title (relating to Class 2 Waste Determination). (C) Class 3 industrialsolidwasteis 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 decomposableas defined in 8335.507 of this title (relating to Class 3 Waste Determination). (51) [f48j] Internal floatingcover--Acoveror floatingroof in a fixed roof tank that rests upon or is floated upon the liquid being contained, and is equipped with a closureseal or seals to closethe space between the cover edge and tank shell. (52) [f49j] Leak--A volatileorganiccompound concentration greater than 10,000 parts per million by volume or the amount specifiedby applicable rule, whichever is lower; or the drippingor exuding ofprocess 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-mountedseal--Aprimary 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 geographicregion of the statepreviously 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 MaintenanceArea (60

### FederalRexister 

### (FR)[=] 12453)--VictoriaCounty; 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 1,000feet south of the Exideproperty line. (56) 

### [fU3] Maintenanceplan--A revision to the applicable state implementationplan, 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 flexiblecoated fabric (envelope) spans the annular spacebetween the metal sheet and the floating roof.



## PROPOSED RULES July 15,2005 30 

## TexReg4099(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 asbeing responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning processunder 23United StatesCode (USC), 

### 5 134and49USC, $ 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, SubchapterE or F of this title (relatingto Low Emission Vehicle Fleet Requirements andVehicle Retirementand 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 himsportingpersons or property on a street orhighway. (63) 

### [feel]Motor vehicle fuel dispensingfacility--Any site where gasolineis dispensedtomotor 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,ordisposing of solidwaste. A facility may be publicly orprivately 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 ofland 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, andindustrial 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 asmeasured at any point. Where there is no expected influence of the air contaminant flowingonto a property fromother sources, the net ground level concentration may be determinedby a measurementat 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 failingto 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 of42 United States Code, §7407(d). For the official list and boundaries of nonattainment areas, see40 Code of Federal Regulations Part 81 and pertinent FederalRqister (FR) notices. The following areas comprise the nonattainment areas within the statefor all national ambient air quality standards(NAAQS). EPA has indicated that it will revoke the one-hourozone standard in full, including the associated designations and classifications,on June 15,2005,which is oneyear following the effective date of the designations for the eight-hourNAAQS of June 15,2004. (A) Carbon monoxide (CO).ElPaso CO nonattainment

area (56 

### FR 56694)--Classified as a Moderate CO nonattainment area with a design value less than or 

### equal to 12.7parts per million. Portion ofElPaso County. Portion of the city limits of El Paso: Thatportion of the City of El Pasobounded on the north by Highway 10fromPorfirio Diaz Street to Raynolds Street, Raynolds Street from Highway 10 to the Southern Pacific Railroadlines, 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 nonattainmentar- 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 nonattaininentarea (69 FR 16483)--Classified

as a Serious ozone nonattainment area. Consists of Hardin, Jefferson, and Orange Counties. (iv) Dallas-FortWorth 

### -WE&] one-hour ozone nonattainment area (63

### FR 8128)--Classifiedas 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 TexReg4100 July 

### 15, 2005 TexasRegister(ii) [8mwmw@& AF~F] eight-hour ozone nonattainment area (69 FR 23936)--Classified as a Marginal ozone nonattainrnentarea. 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 nonattainmentareas. (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 [isi& 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 measuredby 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] Outdoorburning--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 particulatecaught 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 implementationplan. (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 unfinishedpetroleum derivatives. (78) 

# [m] PM,,--Particulate matter with 

### an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a referencemethod based on 40 Code ofFederal Regulations(CFR) Part 50, Appendix J, and designated in accordancewith 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 micrometersemitted to the ambient air as measured by an applicable reference method,or an equivalent or alternativemethod specified in 40 Code of Federal Regulations Part 51, or by a test method specified in an approved state implementation plan. (80) 

# [m] Polychlorinatedbiphenyl compound--A compound subject to 40 Code of Federal RegulationsPart 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 formsof manufacturingorprocessing 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 introducedorrecirculated into any specific process that may cause any dischargeof air contaminants into the atmosphere. Solid fuels charged into the process will be considered as part ofthe process weight, but liquid and gaseousfuels 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 equipmentused to conduct the process is idle. For continuous operation, the "processweight per hour"will be derivedby dividing the total processweight fora 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 designatednonattainment areasby the date required in the state implementationplan. (85) Regulated entity--Allregulated 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 identifiedin 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 solventis pumped to a sink-like work area that drains solventback into an enclosed container while parts are being cleaned, allowingno 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 "finalRQ"; 

### (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 

## TexReg41

## 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 100pounds; (-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 100pounds; (-d-) carbonmonoxide--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 4fiiij] of this section, where the RQ must [&I be 100 pounds, 

## - (-h-) ethanol--5,000 pounds; (-i-) isopropylalcohol-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 definedin paragraph (70)(E)(i) and (iii) 

# [m 4fiiij] 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)--5,000pounds;
(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)--5,000pounds; (-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-3I)-- 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 contaminantcompounds: (i) where the relative amount of individual air contaminant compoundsis known through commonprocess knowledge or prior engineering analysis or testing, any amount ofan individual air contaminant compound that equals or exceedsthe amount specifiedin 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 compoundthat 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 4102 

### July 15,2005 

## TexasRegister(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 ofapplicable 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 § 101-201 (e) of this title (relatingto 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-froma 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, orcontainerized gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: (A) solid or dissolved material in domestic sewage, or solid or dissolved material in 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 orman-made inert solid materials used to fill land, if the object ofthe 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 theRailroad Commission of Texasunder 

### [rke]Natural ResourcesCode, $91.101, unless the waste, substance, ormaterial results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, orrepressurizing 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] Sourgas--Any natural gascontaining more than 1.5 grains ofhydrogen sulfide per I00 cubic feet, ormore 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) andkt 

### [wkidt]is comprised ofthe following: animal waste, bulk blood andblood products, microbiological waste, pathological waste, and sharps. (98) 

### [MIStandard conditions--A condition at a temperature of 68degrees 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 ifthe incinerator is operating atgreater than 50% excess air. (99) 

## [(!%)I Standardmetropolitan 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(15.2 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 

### tankcan no longerwithdraw liquid in normal operation. (101) [(98j]Sulfur compounds--All inorganic or organic chemicals having 

### anatom or atoms of sulfur in their chemical structure. (102) 

# [w] Sulfuric acidmistlsulfuricacid--Emissionsof 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 measuredby Test Method 

### 8in 40 Code ofFederal RegulationsPart 60, Appendix A. (103) 

# [w] Sweet crude oil and gas--Those crude petroleum hydrocarbons that 

### are not "sour" as defined inthis section. (104) 

# [w] Total suspended particulate--Particulate matter as measured by the method describedin 40 Code of Federal Regulations Part 50, Appendix 

### B. (105) 

# [w] Transfer efficiency-The amount of coating solids deposited ontothe surfaceor apart ofproduct dividedby the total amount of coating solids delivered to the coating application system. (106) 

# [m] Truevapor pressure-The absolute aggregate partial vapor pressure, measuredin pounds per square inch absolute, of all volatile organic compoundsat the temperatureof storage, handling, or processing. (107) 

# [w] Unauthorized emissions--Emissionsof 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] Upsetevent--Anunplanned or unanticipated

occurrence or excursionof a process or operation that results in unauthorized emissions. (109) 

## [+l-o] Utilityboiler--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 compoundsby 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 airlfuelmixture to the combustor's flame zone, may be required to ensure smokelesscombustion during operation. (111) 

# [w] Vapor-mounted seal--A primary seal mounted sothere 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 floatingroof 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 Volatileorganiccompound--As definedin40 Code ofFederal Regulations55 1.100(s), except 55 1.100(~)(2) 

# - (4), as amendedonNovember 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,orrecovery of such water. Thisagency herebycertifies that the proposal has been reviewed by legalcounselandfoundto be withinthe agency's legalauthority to adopt.

Filedwith 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 furtherinformation,please call: (512) 239-6087



## SUBCHAPTERF. EMISSIONSEVENTS AND 

## SCHEDULEDMAINTENANCE, STARTUP, AND SHUTDOWN ACTIVITIES DIVISION 

## 1. EMISSIONS EVENTS

30 TAC 

### §101.201 STATUTORYAUTHORIN 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 controlthe qualityof the state air; $382.012, concerning State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive planforthe control of the state air; 5382.014, concerning Emissions Inventory, which authorizes the commission to require submittal of emissions data; 5382.0215, concerningAssessment 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 emissionsof air contaminants except as authorized by commission by rule or order. The proposedamendment implementsTexas Health and Safety Code, §§382.002, 382.011, 382.012, 382.017, 382.0215, and 382.0216.



### 30 

## TexReg 4104 

## July 15, 2005 

## TexasRegisterJ101.201. Emissions Event Reporting and Recordkeeping Requirements.(a) The following requirements for reportable emissions events [&&Iapply. (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) notifythe commission officefor 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 (relatingto Definitions)xt [W] at a minimum, identify for each facilitywith 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 EntityNumber and air [an] accountnumber 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 oftheprocess unit or area, the common name of the facility @t [wkiek] incurred the emissions event,and the commonname ofthe emissionpoint where the unauthorized emissions were released 

### to the atmosphere;
@ [@I the dateandtime ofthe discovery of the emissions event; [@I the estimated duration ofthe emissionsevent; [@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 actionstaken, 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] experiencingan emissions event; (B) the commission Regulated Entity Number and air account number ofthe regulated entity [feeiky]experiencingan emissions event, if a Regulated Entity Number and air [a]accountnumber 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.timeof notification; (DJ [o] the common name ofthe 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~8ferwkidt ~~c+y~fl&~~~~~~er& sie~~~eFe&~b~€Ieh~~ tkFItfttfft8et:ttRBewrlSSieft~der:ifth~W~~ (ef%eWleUteeefftfftett~afftefiftrkeq&]; @J 

## [@I the date and time ofthe discovery ofthe 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 emissionsevent and minimize the emissions. 

### (4) The owneroroperator 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 executivedirectoror 

### any air pollution controlagency 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 (relatingto Notification Requirements)may satisfythe initial notification requirementsof this section by complying with the requirements under $327.3ofthis title. (b) The owner or operator of a regulated entity [fitel+] experiencing 

### an emissions event shall create a final record of all reportable andnon-reportable emissions events as soon aspracticable,but no later than two weeksafter the end of an emissions event. Final recordsmust [MI be maintained on-site for a minimum of five years and be made readily available upon request to commission staff orpersonnel of any air pollution program withjurisdiction. 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 operationsof 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 RegulatedEntityNumber 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

## 4105

## [#)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 ofthe 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 ofRQ in 5101.1 ofthis title, by facility, that 

### [wkiek] are known through common process knowledge or past engineering analysis or testing to have been released .duringthe emissions event, except for boilers or combustion turbines referenced in the definition of RQ in 

## 5101.1 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 inthe

### report, instead these compoundsormixtures 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 thisparagraph [taib&e~], the preconstruction authorization number

orrule citation ofthe 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 

## 5101.1 of this title which record only the authorized opacity limit and the estimated opacity during the emissions event. Methods of estimates forfacilities 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 compoundsor mixtures of air contaminantsthat 

### 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 forthe category identified as "other";
Q 

## [@I the basis used for determining the quantity of aircontaminantsemitted, exceptfor boilersorcombustion turbines referenced in the definition ofRQ in 5101.1 ofthis title; 

# [w] the best known cause of the emissions event at the time of reporting; 

# [w] the actions taken, orbeing taken, to correct the emissions event and minimizethe emissions; and 

# [w] any additional information necessary to evaluate the emissions event. (2J Records ofnon-reportable emissions events must ident& @J the name of the owner or operator of the regulated

entity experiencingan emissions event; @J the commission Regulated Entitv Number and air account number of the regulated entity experiencing an emissions event,ifaRegulated EntityNumber and 

### airaccount number exists. 

### If a RegulatedEntihrNumber and air account number does not exist, then identify the location of the release and a contact telephone number; 

## 0 the physical locationofthe point at which emissions to the atmosphere occurred;
the common name of the process unit or area, the

commonname ofthe facilitythat 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 definitionof RQin $ 101.1 of this title and that were unauthorizediompounds or mixtures of air contaminants. that have an RQ greater

### than or eqlial to 100pounds

### 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 mixturesof 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 estiniatesfor.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)ofthis 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 necessaryto evaluatethe 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 ofthe 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 iurisdictionno later than two weeks after the end of the emissionsevent. 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 willbe the ha1 record of the emissionsevent, provided the initial notification was submitted electronically in accordancewith subsection (g) of this section. (d) The owner or operator of a boiler or combustion turbine,
as defined in 

### 9101.1 of this title, fueled by natural gas, coal, lignite, wood, or fuel oil containing hazardous airpollutants at a concentration of less than 0.02% by weight, or gaseous fuels other than natural gas, provided the hazardousairpollutants or highly reactivevolatile 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 ofone operating cycle (sampling, analyzing,anddata



### 30 Tdeg 

## 4106 July 

### 15,2005 Taas Registerrecording) 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 aspracticable, 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 theregulated entity [&eAAy] is located, and all appropriatelocal air pollution control agencies with jurisdiction. In the notification,the

owner or operator shall identify: (1) the name ofthe owner or operatorof the regulated entity [he&ty] experiencing the excess opacity event; (2) the commission Regulated Entity Number and air account number oftheregulated entity [%+My] experiencing an

### [exeew] opacityevent, if a Regulated EntityNumber 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) Theowneror operatorof 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 withjurisdiction 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) ofthis section

# *[&] be submitted electronically to the commission using the electronic forms provided by the commission. On and after January 1,2004, notifications requiredin 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 subsectionprovided the owner or operatorcomplies 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 eventthe commission's serveris unavailable due to technical failures or scheduled maintenance, events may be reported via facsimileto 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 reportingis 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. Smallbusinesses shall provide notifications andreporting by any viablemeans

## fhat [wkiek]meet the time framesrequiredby this section. (h) Annual emissions eventreporting: 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 reportingunder 8101.10 of this title, and those that are not subiect to reporting under 8101 .I 0 of this title, but are losions event duringthe calendaryear shall report to the executive director, and all appropriatelocal air pollution control agencies withjurisdiction,the following: [kr

### Hte eve& &heewiw M 

### epemtwefr!ki&+y fttilsbFeeeFtef~~~~eFC31;CB)ierfe)ef~

(lJ the numberofreportable and non-reportable emissions events experienced at the regulated entityby facility;

QJ the estimatedtotal quantitiesfor all compoundsor mixtures of air contaminants, by compound ormixture, in the definition of RQ in $ 101.1 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 Ij101.1 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, thathave an RQ greater than or equal to 100pounds and the amount released is less than onepound in a 24-hour period, are not requiredto be included in the report. Methodsofestimatesfor facilities with authorizations shouldbe consistent with the methods used in the applicablepermit application,rule, or order of the commission. For all other situations,good engineeringpractice 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 electronicreporting 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 operatorsof regulated entities that are subject Lo reportingunder $101.10 ofthistitlemust provide the information requiredby this subsection as part of their reporting under $101.10 of this title. This agency hereby certifies that the proposal has been reviewed by legalcounsel and found to bewithin the agency's legal authority to adopt.



## PROPOSED RULES July 15,2005 30 

## TexReg 4107Filedwith 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; 9382.011, concerning General Powers and Duties, which authorizes the commission to controlthe quality of the state air; 9382.012, concerningState Air Control Plan, which authorizes the commission 

### to prepare anddevelop a general, comprehensive planfor the control of the state air; 9382.014, concerning Emissions Inventory, which authorizes the commission to require submittal of emissions data; 9382.0215, 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 prohibitsemissions of air contaminantsexcept as authorized by commission by rule or order. The proposedamendment implementsTexas Healthand Safety Code, 99382.002, 382.011, 382.012, 382.01 

### 7, 382.0215, and

$101.21

### 1. Scheduled Maintenance, Startup, and Shutdown Reporting andRecordkeeping 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 agencieswithjurisdiction at leastten daysprior to any scheduledmaintenance, 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 (relatingto Definitions) in any24-hour~eriod and/oran activitvwhere the owner or overatorexpectsonly an excessopacity event as defined in $101.1 ofthi's title [that rjs&ieetce~ef~**&~~~



## . . 

# & 8fl$&mdeepg 

### -1. >f notice cannot be given ten daysprior to a scheduledmaintenance. 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 operatorsof! regulated entity with facilities that exceedthe 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 forboilers and combustion turbinesreferenced 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 doesnot exist, then identify the location of the release and a contacttelephone number; (C) 

## - (E) (No change.) (F) the common name of the process unit or area, the common name and the agency-established facility identificationnumber ofthe facility thatwilibekvolved intheemisiions activity [+ mead#e 

### e&s&m eve&], andthe common name and the agency-es- - - tablished emission point number where the unauthorized emissions may be 

### [w] releasedto the atmosphere. Ownersoroperatorsofthose facilitiesand emissionpoints@ 

### [&urkie8] the agency has not established facility identificationnumbers or emission point numbersfor 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 compoundsor mixtures of air contaminants, in the definition of RQ in $101.1 of this title, by facility, that [wkiek] througb common process knowledgeor past engineering analysis or testing 

### are expected to equalorexceed theRQ. Compounds ormixtures ofaircontaminants, 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, arenot requiredto be specifically listed in the report, instead thesecompounds or mixtures of air contaminants may be identified together as "other"; (I) the estimatedtotalquantities for those compoundsor mixtures described in subparagraph (H) of this paragraph, the preconstruction authorization number or rule citation of the standard permit, permit byrule, orrule governingtheregulated 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 emissionsfrom compounds or mixtures of air contaminantsthat

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 asp;&ticable prior to the



## 30 TaReg4108 July 

## 15, 2005 TexasRegister(2) The notification for a scheduled maintenance, startup, or shutdown activity involving a boiler or combustion turbine referenced in the definition ofRQ in $ 101.1 ofthis title,orwhere the owner

or operator expects only an excess opacityevent andthe owner or operator was not already requiredto provide a notificationunder 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 RegulatedEntity Number and air account number does not exist, then identify the location of the release and a contact telephonenumber; (C) 

## - (D) (No change.) 

### (E) the co~nmonname of the process unit or area, the common name and the agency-established facility identification number of the facility that experiencedthe excess opacity event, and the common name and the agency-establishedemission 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 identificationnumbers 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 operatorsofregulated entities that were required to notify under subsection (a) of this section: 

## [HI the name of the owner or operator; [&I the commissionRegulated EntityNumber and air account number oftheregulated entity [&&l4ty], if a Regulated Entity Number and air [=] account number exists. If a Regulated Entity Numbefand air account number does not exist,then identifythe location of the release and a contact telephone number; [HI the physical location ofthe scheduledpoint 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 ofthe process unit or area, the common name and the agency-establishedfacility identification number of the facility that experiencedthe emissions activity [went], and the commonname and the agency-established emissionpoint number where the unauthorized emissionswerereleased 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 identificationnumber 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 ofall individually listed compoundsor mixtures of air contaminants,in the definition ofRQin $101.1ofthis title, by facility,that [wkiek]are knownthrough common process kilowledge or past engineering analysis or testing to havebeen released during the scheduledmaintenance, startup,or shutdown activity, except for boilers or combustion turbines referenced in the definition of RQ in $101.1 ofthis title.(=ompounds or mixtures of air contaminants,that have an RQ meater than or equal to 100pounds and the amount released is less than tenpounds in a 24-hourperiod, are not required to be specifically listed in the report instead these compounds or mixtures of air contaminants may be identifiedtogether as "other"; 

## 111 [w] the estimatedtotal quantities and theauthorized emissions limits for those compounds or mixtures described in 

### & paragraph 

### IH)of this paramph [pmgm$+ @j &&k mbswtkn] 

### , the precoilstruction authorizationnumber or rule citation of the standard permit, permit by rule, or rule governing the regulated entity [&A&j] involved in the scheduledmaintenance, 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 turbinesreferenced in the definitionofRQ in $I01.I ofthistitle @t [wkiek]record only the authorizedopacity 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 engineeringpractice should be utilized. Estimated emissionsfrom 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 estimateof emissions must be provided for the category identified 

### as "other"; (.IJ 

# [w] thebasis used for determining the quantity of air contaminants to be emitted, except for boilers or combustion turbines referenced in the definition of RQ in $101.1 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 ofregulated entitiesthat 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 scheduledmaintenance, startup, or shutdown activity and the reason for the scheduled activity;



## PROPOSED RULES July 

## 15,2005 30 

## TexXeg4109@J the common name of the process unit or area, the common name and the agency-established facility identification number ofthe 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 identificationnumbers or emissionpoint numbers for 

### are not rewired to provide the facility identificationnumber 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 ofthe 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 $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 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, 

### arenot required to be specifically listed intherecord instead these compoundsormixtures of air contaminantsmaybe identified together as "other"; and Q the estimated total quantities and the authorized emissions limits for those compounds or mixtures described in subparagraph CH)ofthisparagraph. 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 ormixtures of air contaminants that 

### are identified as "other" under subparagmph 

### (H) ofthis para~ph


### are not required for each individual compound or mixture of air contaminants,however, a total estimate of emissions mustbe provided for the category identified 

### as "other". (c) For any scheduled maintenance, startup, or shutdown ac- tivity forwhich 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 oriftheinformationhaschanged fkmthepriornotification [&%m %em &he id%im&mpwded +mk 

### suketim (aj &&is wstkm], the owner or operator of the regulated 

### entity [fad&y] shall submit a [eepyefh] fi~l record as required by subsection (b) ofthis section to the commission office for the region in which the regulated entity [kA+ty] is located and to appropriatelocal airpollution agencies with jurisdiction no later than two weeksafter the end of the scheduled activity. 

### Ifthe owner or operator does not submit a record under this subsection, the information provided'under subsection (a) ofthis 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 hazardousairpollutants at a concentration of less than 0.02% by weight, or gaseous fuels other than natural gas, provided the hazardous air pollutants or highly reactivevolatile organic compound content of the fuel does not exceed 0.02% by weight, that is equippedwith 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 excessemissions reports by other state or federalregulations, is exempt from creating, maintaining, and submitting final records of scheduled maintenance, startup, and shutdown activitieswith 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) ofthis 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 withjurisdiction. Theplan~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 ofeach calendaryear, or as directed by the executive director, each owner or operator of a regulated entity site, as defined 

### in 9101.1 of this title that are subiect to reporting 

# g 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 ofreportable and non-reportable scheduled maintenance, startup, and shutdown activities experienced at the regu

### lated entity by facility; and 

# 121 the estimated total quantities for all wmpounds ormixtures, 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 ofthis title that mustreport only the estimated opacities during the scheduled maintenance. startup, and shutdown activity events and durations ofunauthorized opacity. Compounds or mixtures ofaircontaminants, that havean

### RQ greater than orequalto 100 pounds and the amount released isless than onepound 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 subjecttoreporting under 

### 5 101.10 ofthis title must report annual totalemissions resulting from all scheduled maintenance, startup, and shutdown activities electronically by using an online form onthe commission's secure Web server. The commission will provide an alternative

meansofreporting inthe event that the commission's electronicreporting system is inoperative. Ifthe commission's serverisunavailable due to technical failures or scheduled maintenance, the annual reportsmay be reported to the executivedirector. Annual electronic reporting is not required for small businesses that meet the small business definitionin Texas Clean Air Act, 9382.0365(g)(2)and to appropriate local airpollution 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 toreporting under $101.10ofthis title must provide the information required by this subsection as part of their reporting under $ 101.10 of this title.



### 30 TexReg 4110 July 

### 15, 2005 Texas RegisterThis agency hereby certifies that the proposalhas been reviewed (d) Sources emitting air contaminnnts

## that [MI cannot be by legal counseland found to bewithin the agency's legalauthor- controlledorreduced dueto 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 commissionmay 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 authorizethe commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and underTexas 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 planfor 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 contaminantsexcept 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 equipmentmust 

### [W] be consideredto 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.) commissionwill not exempt 

## soirees from comply in^ with any federal 

### .-

## - requirements, including~ew SourcePerformance Standards 140Code of Federal Regulations Part 60) and National Emission Standards for Hazardous Air Pollutants (40 Code ofFederal RegulationsParts 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 emissionsevents. Emissions eventsthat are determined not to be excessive are subjectto 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]forwhich the owner or operatorproves all ofthefollowing: (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 eventthe 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 forthe underlyingemissions 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 informationin the report; (2) (No change.) (3) the unauthorized emissions did not stemfrom 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 3101.21l(a) of this title (relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping Requirements), but couldreasonably have been reported (c) Scheduled 

## [-I startup[i] or shutdown activity. Emissionsfrom a scheduled [-I startup[;] or shutdownactivity are subiectto 

### an affirmative defense to all claims in enforcement actions brought for these activities, other than claims for administrative technical orders and actions for iniunctiverelief, 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 

### 4tftFRtf3ie~slwtbwn] activity werenot part 

### ofarecurring pattern indicative of inadequate design, operation, or maintenance; 

### (4) ifthe unauthorized emissions from [e~y 

### iwhdukl e~+&&kwm] activity were causedby abypassof control equipment, the bypass was unavoidableto prevent loss of life, personal injury, or severe property damage; (5) (No change.) (6) the frequency and duration of operationma scheduled [-I startup[i] or shutdown mode resulting in unauthorized emissions were minimized;


### (7) (No change.) (8) the owner or operator actions during theperiod of unauthorized emissions from the 

### [anysekMed 

### 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 opacityevents 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 enforcementaction and loss of opportunity to claimthe affirmativede

## fense;
(2) the opacity did not stem from any activity or eventthat 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 claimthe affirmativede

## fense; (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 shutdownactivity, including complyingwith any federalpermitting requirements.

(h) Maintenance activity. Emissions or opacity 

### events from a maintenance activity thathavebeen reportedorrecordedincompliance 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 injunctiverelief, for which the owner or operator proves all of the criteria listed 

### in subsection(c)(l) 

## - 19)of this sectionforemissions, or subsection(e)(l)

- (9) of this section for opacity eventsexcept that, accordingto the following schedule, the affirmative defense will only apply to those emissions or opacity events 'hma maintenance activity that arises from sudden and reasonably unforeseeable eventsbeyond the control of the operator that requires the immediate correctiveaction to restorenormal operation: 

### [Tkisse&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 preconstructionpermit associatedwith the facility as requiredby 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 beginningtwo years after the effective date of this section. $101.223. Actions toReduce 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 determinedto 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 actionplan (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 TexasRegisterauthorization 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 agencywith 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 periodmaybe extended once forup to 15daysby the executive director. The CAP 

### must [W], at a minimum: (A) identify the cause or causesof each excessive emissions event, including all contributing factors that led to each emissions event; (B) - (D) (No change.) (2) An owneror operator must obtain commissionapproval of a CAPno later than 120 days after the commission receives the first CAP submission from an owner or operator. Ifnot disapprovedwithin 

### 45 days after initial filing, the CAP 

### [&A] be deemed approved. The owner or operator of a facility must respond completely and adequately, as determinedby the executive director,to all writtenrequests for information concerning its CAP within 15daysafter the dateof such requests, or by any otherdeadline specifiedinwriting. An owneror operator ofa facilitymayrequest written approvalof a CAP, in which case the commission shalltake final written actionto approveor disapprove the plan within 120 days from the receipt of such request. Once approved, the owneror operator must implementthe CAP in accordance with the approved schedule. The implementation schedule is enforceable by the commission. The commission may require the owner or operatorto revise a CAP if the commission finds the plan, after implementation begins,to be inadequateto prevent orminimize emissionsor emissionsevents. If the CAP is disapproved,or determinedto be inadequate to prevent or minimize excessive emissions events, the executive director shallidentify deficiencies in the CAP and statethe reasons for disapproval of the CAP in a letter to the owner or operator. If the commission findsa 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) Theexecutivedirector, afterareview 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 determinationsto the commission requestingthat 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 bepart of the entity's compliance history as provided in Chapter 60 ofthis title (relatingto 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 complexityof the regulated entity 

### [site] operations; (2) thefrequency ofemissionsevents atthe regulatedentity 

### [site]; and (3) the reason or reasons for excessiveemissions event determinations at that regulated entity [&el. (c) (No change.) (d) Nothing in this section 

### [W] limitthe commission's ability to bring enforcement actions for violationsof 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 proposalhas been reviewed by legal counsel and found to bewithin the agency's legal authority to adopt.

Filedwith 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) proposesto amend31TAC, 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 515.2(69) updates the definition of "Unique flora and fauna." 'The definition currently refersto 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 

## TexReg4113

# ~RAPHICS Graphic images included 

### in rules 

### are published separately 

### in this tables and graphics section. Graphicimages are ananged in 

### this section in 

### the following order: Title Number, 

### PartNumber, Chapter Number and SectionNumber. Graphic images 

### are indicated 

### inthe text ofthe emergency, proposed, and adoptedrules by the followingtag: 

### the word "Figure" followedby the 

### TAC citation, rule number, andthe 

### appropriatesubsection, paragraph, subparagraph,and so on 

### Figure: 30 

## TAC §101.1(24)



### TABLES

## AND GRAPHICS July 

### 15,2005 30 TexReg4I45 

## AIR CONTAM[NANT

InhalableParticulateMatter 

## (PM,,)

SulfurDioxide 

### NitrogenDioxide


### 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 HartnettWhite, 

### Chainnan R. B. 

### "Ralph" Marquez, 

### Commissioner Larry 

### R. Soward, 

### Commissioner Glenn Shankle, 

### ExecutiveDirector

Protecting Teras by

### Reducing andPreventingPollution



## NOTICE OF PUBLIC 

## HEARING BY THE TEXAS COMMISSION ON ENVIROMMENTAL QUALITY

ON PROPOSED RE:VISIONS TO 30 

## TAC CHAPTER 101 

## AND THE STATEIMPLEMENTATION PLAN

The Texas Commission on Environinental Quality (commission) will conductpublic hearingsto receivetestimony concerning revisions to 30 TAC Chapter 101,GeneralAir QualityRules, and corresponding revisionstothe 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 amendmentsto $$101.1, 101.201, 101.211, 101.221

## - 101.223 would revise and add definitions, revise notification and reportingrequirements, and would also revise demonstration criteria foremissionsevents, scheduled maintenance, startup, and shutdown activities. The proposed rulemaking would also provide for an affirmativedefensefor certainemissions from scheduled maintenance, startup, and shutdownactivities. Itwould 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, TransportationBoard 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; August5,2005, at 1:00p.m., in Corpus Christi,TexasA&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 DiversificationBuilding, 1400North 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 5:00p.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