reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1416 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall direct the applicant to publish a notice of draft permit and
				  preliminary decision, at the applicant's expense, in the public notice section
				  of one issue of a newspaper of general circulation in the municipality in which
				  the site or proposed site is located, or in the municipality nearest to the
				  location of the site or proposed site. The executive director shall direct the
				  applicant to make a copy of the application and draft permit available for
				  review and copying at a public place in the county in which the site is located
				  or proposed to be located. The notice shall contain the following information:
(1) the permit application number;
(2) the applicant's or permit holder's name,
				  address, and telephone number and a description of the manner in which a person
				  may contact the applicant or permit holder for further information;
(3) a description of the location of the site
				  or proposed location of the site;
(4) a description of the activity or
				  activities involved in the permit application;
(5) the location and availability of the
				  following:
(A) the complete permit
				  application;
(B) the draft
				  permit;
(C) all other relevant
				  supporting materials in the public files of the agency;
(6) a description of the comment procedures,
				  including the duration of the public notice comment period and procedures to
				  request a hearing printed in a font style or size that clearly provides
				  emphasis and distinguishes it from the remainder of the notice;
(7) a statement that a person who may be
				  affected by the emission of air pollutants from the facility or facilities is
				  entitled to request a notice and comment hearing, under §
											116.1418 of
				  this title (relating to Public Participation), printed in a font style or size
				  that clearly provides emphasis and distinguishes it from the remainder of the
				  notice;
(8) a description of the
				  procedure by which a person may be placed on a mailing list in order to receive
				  additional information about the application or draft permit;
(9) if applicable, the time and location of
				  any public meeting; and
(10) the
				  name, address, and phone number of the commission to be contacted for further
				  information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1418 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) With the
				  exception of the permitting procedural requirements specified in any other
				  chapter of this title, permits authorized under this subchapter are not subject
				  to the requirements relating to a contested case hearing under Texas Health and
				  Safety Code, Chapter 382; Texas Water Code; or Texas Government Code, Chapter
				  2001, Subchapters C - G. Permit applications under this chapter shall be
				  subject to a notice and comment hearing as specified in subsections (b) - (n)
				  of this section, as well as any applicable requirements in Chapters 39 and 55
				  of this title (relating to Public Notice and Requests for Reconsideration and
				  Contested Case Hearings; Public Comment).
(b) Any hearing regarding a permit will be
				  conducted under the procedures in this section and not under the Administrative
				  Procedure Act.
(c) Any person who
				  may be affected by emissions from a site regulated under this subchapter may
				  request the executive director to hold a hearing on the draft permit. The
				  request must be made during the 30-day public comment period.
(d) The executive director shall decide
				  whether to conduct a hearing. The executive director is not required to hold a
				  hearing if the basis of the request by a person who may be affected by
				  emissions from a site is determined to be unreasonable. If a hearing is
				  requested by a person who may be affected by emissions from a site regulated
				  under this subchapter, and that request is reasonable, the executive director
				  shall conduct a hearing.
(e) At the
				  applicant's expense, notice of a hearing on a draft permit must be published in
				  the public notice section of one issue of a newspaper of general circulation in
				  the municipality in which the site or proposed site is located, or in the
				  municipality nearest to the location of the site or proposed site. The notice
				  must be published at least 30 days before the date of the hearing. The notice
				  must include the following:
(1) the time,
				  place, and nature of the hearing;
(2) a brief description of the purpose of the
				  hearing; and
(3) the name and phone
				  number of the commission to be contacted to verify that a hearing will be
				  held.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1420 - Permit Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees required.
				  Any person who applies for a permit under this subchapter must remit a fee as
				  provided in Chapter 116, Subchapter B, Division 4 of this title (relating to
				  Permit Fees) at the time of application for such permit.
(b) Payment of fees. All permit fees must be
				  remitted in the form of a check or money order made payable to the "Texas
				  Commission on Environmental Quality" and delivered to the Texas Commission on
				  Environmental Quality, P.O. Box 13088, MC 214, Austin, Texas 78711-3088.
				  Required fees must be received before the commission will begin examination of
				  the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1424 - Amendments and Alterations of Permits Issued Under This Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator planning the modification of a
					 facility permitted under this subchapter must comply with the requirements of
					 Subchapter B of this chapter (relating to New Source Review Permits) before
					 work begins on the construction of the modification. Amendments and alterations
					 for permits issued under this subchapter are subject to the requirements of
					 Subchapter B of this chapter, except that the public notice and public
					 participation requirements of this subchapter shall apply instead of any public
					 notification or public comment procedures required by Subchapter B of this
					 chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1426 - Renewal of Permits Issued Under This Subchapter

Current through Reg. 49, No. 28; July 12, 2024
Permits issued under this subchapter shall be renewed in
					 accordance with the requirements of Subchapter D of this chapter (relating to
					 Permit Renewals).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter L - PERMITS FOR SPECIFIC DESIGNATED FACILITIES › Section 116.1428 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The commission delegates to the executive director the
					 authority to take any action on a permit issued under this
					 subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter M - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) › Section 116.1500 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, have the
					 following meanings unless the context clearly indicates otherwise. For terms
					 not defined in this section, the definitions contained in 40 Code of Federal
					 Regulations (CFR) §51.301, as effective August 30, 1999, are incorporated
					 by reference.
(1) Best available
				  retrofit technology (BART)-eligible source--Any emissions units that comprise
				  any of the following stationary sources of air pollutants, including any
				  reconstructed source, that were not in operation prior to August 7, 1962, and
				  were in existence on August 7, 1977, and collectively have the potential to
				  emit 250 tons per year (including fugitive emissions, to the extent
				  quantifiable) of any visibility-impairing air pollutant:
(A) fossil fuel-fired steam electric plants
				  of more than 250 million British thermal units (BTU) per hour heat
				  input;
(B) coal-cleaning plants
				  (thermal dryers);
(C) kraft pulp
				  mills;
(D) portland cement
				  plants;
(E) primary zinc
				  smelters;
(F) iron and steel mill
				  plants;
(G) primary aluminum ore
				  reduction plants;
(H) primary
				  copper smelters;
(I) municipal
				  incinerators capable of charging more than 250 tons of refuse per
				  day;
(J) hydrofluoric, sulfuric,
				  and nitric acid plants;
(K)
				  petroleum refineries;
(L) lime
				  plants;
(M) phosphate rock
				  processing plants;
(N) coke oven
				  batteries;
(O) sulfur recovery
				  plants;
(P) carbon black plants
				  (furnace process);
(Q) primary lead
				  smelters;
(R) fuel conversion
				  plants;
(S) sintering
				  plants;
(T) secondary metal
				  production facilities;
(U) chemical
				  process plants;
(V) fossil
				  fuel-fired boilers of more than 250 million BTUs per hour heat input;
(W) petroleum storage and transfer facilities
				  with capacity exceeding 300,000 barrels;
(X) taconite ore processing
				  facilities;
(Y) glass fiber
				  processing plants; and
(Z) charcoal
				  production facilities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter M - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) › Section 116.1510 - Applicability and Exemption Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The requirements of this subchapter apply
				  to best available retrofit technology (BART)-eligible sources as defined in
				  §
										116.1500
				  of this title (relating to Definitions).
(b) The owner or operator of a BART-eligible
				  source may demonstrate, using a model and modeling guidelines approved by the
				  executive director, that the source does not contribute to visibility
				  impairment at a Class I area. A BART-eligible source that does not contribute
				  to visibility impairment at any Class I area is not subject to the requirements
				  of §
										116.1520
				  or §
										116.1530
				  of this title (relating to Best Available Retrofit Technology (BART) Analysis
				  and Best Available Retrofit Technology (BART) Control Implementation). A source
				  is considered to not contribute to visibility impairment if, as demonstrated by
				  modeling performed by the executive director or performed in accordance with
				  the guidelines approved by the executive director, it causes a visibility
				  impairment of less than 0.5 deciviews at all Class I areas. The modeling
				  demonstration must be submitted under seal of a Texas licensed professional
				  engineer and must be received by the commission's Air Permits Division no later
				  than April 30, 2007.
(c) The
				  following BART-eligible sources are not subject to the requirements of §
										116.1520
				  or §
										116.1530
				  of this title for the indicated pollutant(s). Owners or operators claiming
				  exemption under this subsection shall maintain records sufficient to
				  demonstrate compliance with the exemption criteria, and shall make such records
				  available upon request of personnel from the commission or any local air
				  pollution control agency having jurisdiction.
(1) Any BART-eligible source that has the
				  potential to emit less than 500 tons per year of combined nitrogen oxides (NO
				  x) and sulfur dioxide (SO2) and
				  that is located more than 50 kilometers from any Class I area is not subject to
				  BART for NOx and SO2.
(2) Any BART-eligible source that has the
				  potential to emit less than 1,000 tons per year of combined
				  NOx and SO2 and that is located
				  more than 100 kilometers from any Class I area is not subject to BART for NO
				  x and SO2.
(3) Any BART-eligible source that has the
				  potential to emit less than 40 tons per year of NOx or
				  40 tons per year of SO2 is not subject to BART for
				  NOx or SO2, respectively. Any
				  BART-eligible source that has the potential to emit less than 15 tons per year
				  of particulate matter with an aerodynamic diameter less than or equal to a
				  nominal 10 micrometers (PM10) is not subject to BART for
				  PM10.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter M - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) › Section 116.1520 - Best Available Retrofit Technology (BART) Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided under
				  §116.1510(b), (c), or (d) of this title (relating to Applicability and
				  Exemption Requirements), each best available retrofit technology
				  (BART)-eligible source shall conduct an analysis of emissions control
				  alternatives for all visibility-impairing pollutants. This analysis must
				  include the identification of all available, technically feasible retrofit
				  technologies, and for each technology identified, an analysis of the cost of
				  compliance, the energy and non-air quality environmental impacts, the degree of
				  visibility improvement in affected Class I areas resulting from the use of the
				  control technology, the remaining useful life of the source, and any existing
				  control technology present at the source. Based on this analysis, the owner or
				  operator shall identify an emission control strategy as the prospective BART
				  control strategy for the source. The determination of BART must be made
				  according to 40 Code of Federal Regulations Part 51, Appendix Y, as effective
				  September 6, 2005.
(b) As part of
				  the BART analysis required in subsection (a) of this section, the owner or
				  operator shall include detailed information documenting the projected hourly
				  and annual emission limits for the selected BART control strategy.
(c) The owner or operator of each
				  BART-eligible source shall submit a completed BART analysis to the commission's
				  Air Permits Division under seal of a Texas licensed professional engineer. The
				  completed BART analysis must be received by the commission's Air Permits
				  Division no later than April 30, 2007.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter M - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) › Section 116.1530 - Best Available Retrofit Technology (BART) Control Implementation

Current through Reg. 49, No. 28; July 12, 2024
(a) Each owner or
				  operator of a best available retrofit technology (BART)-eligible source shall
				  install and operate BART-required control equipment no later than five years
				  after the United States Environmental Protection Agency has approved a Regional
				  Haze State Implementation Plan for the State of Texas. Each owner or operator
				  shall maintain the BART-required control equipment and establish procedures to
				  ensure such equipment is properly and continuously operated and
				  maintained.
(b) Prior to any
				  installation of BART-required control equipment, each owner or operator of a
				  BART-eligible source shall comply with the requirements under Subchapter B of
				  this chapter (relating to New Source Review Permits) or Subchapter F of this
				  chapter (relating to Standard Permits) as applicable to authorize the
				  construction or modification and to establish emission limitations of
				  BART.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 116 - CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION › Subchapter M - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) › Section 116.1540 - Exemption from Best Available Retrofit Technology (BART) Control Implementation

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of any best available retrofit
					 technology (BART)-eligible source may apply for an exemption from the
					 requirement to install, operate, and maintain BART-required control equipment,
					 pursuant to the provisions of 40 Code of Federal Regulations §51.303. Any
					 exemption request under this section requires initial approval from the
					 executive director and final approval from the administrator of the United
					 States Environmental Protection Agency (EPA). Exemption requests submitted to
					 the EPA must be accompanied by written concurrence from the executive
					 director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter A - DEFINITIONS › Section 117.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act or
					 Chapter 101 of this title (relating to General Air Quality Rules), the terms in
					 this chapter have the meanings commonly used in the field of air pollution
					 control. Additionally, the following meanings apply, unless the context clearly
					 indicates otherwise. Additional definitions for terms used in this chapter are
					 found in §
										3.2 and
					 §
										101.1 of
					 this title (relating to Definitions).
(1) Annual capacity factor--The total annual
				  fuel consumed by a unit divided by the fuel that could be consumed by the unit
				  if operated at its maximum rated capacity for 8,760 hours per year.
(2) Applicable ozone nonattainment area--The
				  following areas, as designated under the 1990 Federal Clean Air Act Amendments.
(A) Beaumont-Port Arthur ozone nonattainment
				  area--An area consisting of Hardin, Jefferson, and Orange Counties.
(B) Dallas-Fort Worth eight-hour ozone
				  nonattainment area--An area consisting of:
(i) for the purposes of Subchapter D of this
				  chapter (relating to Combustion Control at Minor Sources in Ozone Nonattainment
				  Areas), Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and
				  Tarrant Counties; or
(ii) for all
				  other divisions of this chapter, Collin, Dallas, Denton, Ellis, Johnson,
				  Kaufman, Parker, Rockwall, Tarrant, and Wise Counties.
(C) Houston-Galveston-Brazoria ozone
				  nonattainment area--An area consisting of Brazoria, Chambers, Fort Bend,
				  Galveston, Harris, Liberty, Montgomery, and Waller Counties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.100 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this division (relating to
						Beaumont-Port Arthur Ozone Nonattainment Area Major Sources) apply to the
						following units located at any major stationary source of nitrogen oxides
						located within the Beaumont-Port Arthur ozone nonattainment area:
(1) industrial, commercial, or institutional
					 boilers and process heaters;
(2)
					 stationary gas turbines; and
(3)
					 stationary internal combustion engines.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.105 - Emission Specifications for Reasonably Available Control Technology (RACT)

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall
					 allow the discharge of air contaminants into the atmosphere to exceed the
					 emission specifications of this section, except as provided in §§
											117.115,
					 117.123, or
					 117.9800
					 of this title (relating to Alternative Plant-Wide Emission Specifications;
					 Source Cap; and Use of Emission Credits for Compliance).
(1) For purposes of this subchapter, the
					 lower of any permit nitrogen oxides (NOX) emission limit
					 in effect on June 9, 1993, under a permit issued in accordance with Chapter 116
					 of this title (relating to Control of Air Pollution by Permits for New
					 Construction or Modification) and the emission specifications of subsections
					 (b) - (d) of this section apply, except that:
(A) gas-fired boilers and process heaters
					 operating under a permit issued after March 3, 1982, with a
					 NOX emission limit of 0.12 pounds per million British
					 thermal units (lb/MMBtu) heat input, are limited to that rate for the purposes
					 of this subchapter; and
(B)
					 gas-fired boilers and process heaters that have had NOX
					 reduction projects permitted since November 15, 1990, and prior to June 9,
					 1993, that were solely for the purpose of making early
					 NOX reductions, are subject to the appropriate emission
					 specification of subsection (b) of this section. The affected person shall
					 document that the NOX reduction project was solely for
					 the purpose of obtaining early reductions, and include this documentation in
					 the initial control plan required in §
													117.150
					 of this title (relating to Initial Control Plan Procedures).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.110 - Emission Specifications for Attainment Demonstration

Current through Reg. 49, No. 28; July 12, 2024
(a) Nitrogen oxides
					 (NOX) emission specifications. No person shall allow the
					 discharge into the atmosphere from any gas-fired boiler or process heater with
					 a maximum rated capacity equal to or greater than 40 million British thermal
					 units per hour in the Beaumont-Port Arthur ozone nonattainment area, emissions
					 of NOX in excess of the following, except as provided in
					 subsection (d) of this section and §
											117.103(c)
					 of this title (relating to Exemptions):
(1)
					 boilers, 0.10 pounds per million British thermal units (lb/MMBtu) of heat
					 input; and
(2) process heaters,
					 0.08 lb/MMBtu of heat input.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.115 - Alternative Plant-Wide Emission Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may achieve
					 compliance with the nitrogen oxides (NOX) emission
					 specifications of §
											117.105
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT)) or §
											117.110
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration) by achieving equivalent NOX emission
					 reductions obtained by compliance with a plant-wide emission specification. Any
					 owner or operator who elects to comply with a plant-wide emission specification
					 shall reduce emissions of NOX from affected units so
					 that if all such units were operated at their maximum rated capacity, the
					 plant-wide emission rate of NOX from these units would
					 not exceed the plant-wide emission specification as defined in §
											117.10 of
					 this title (relating to Definitions).
(b) The owner or operator shall establish an
					 enforceable NOX emission limit for each affected unit at
					 the source as follows.
(1) For boilers and
					 process heaters that operate with a continuous emissions monitoring system
					 (CEMS) or predictive emissions monitoring system (PEMS) in accordance with
					 §
												117.140
					 of this title (relating to Continuous Demonstration of Compliance), the
					 emission specifications apply in:
(A) the
					 units of the applicable standard (the mass of NOX
					 emitted per unit of energy input (pounds per million British thermal units
					 (lb/MMBtu) or parts per million by volume (ppmv)), on a rolling 30-day average
					 period; or
(B) as the mass of
					 NOX emitted per hour (pounds per hour), on a block
					 one-hour average.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.125 - Alternative Case Specific Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Where a person can demonstrate that an
					 affected unit cannot attain the applicable requirements of §
											117.105
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT)) or the carbon monoxide (CO) or ammonia
					 specifications of §
											117.110(c)
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration), the executive director may approve emission specifications
					 different from §
											117.105
					 of this title or the CO or ammonia specifications in §
											117.110(c)
					 of this title for that unit. The executive director:
(1) shall consider on a case-by-case basis
					 the technological and economic circumstances of the individual unit;
(2) shall determine that such specifications
					 are the result of the lowest emission limitation the unit is capable of meeting
					 after the application of controls to meet the nitrogen oxides emission
					 specifications of §
												117.105
					 or §
												117.110
					 of this title, as applicable; and
(3) in determining whether to approve
					 alternative emission specifications, may take into consideration the ability of
					 the plant where the unit is located to meet emission specifications through
					 plant-wide averaging at maximum capacity.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.135 - Initial Demonstration of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of all units that
					 are subject to the emission specifications of this division (relating to
					 Beaumont-Port Arthur Ozone Nonattainment Area Major Sources) shall test the
					 units as follows.
(1) The units must be
					 tested for nitrogen oxides (NO X), carbon monoxide (CO),
					 and oxygen emissions while firing gaseous fuel or, as applicable:
(A) hydrogen (H2) fuel
					 for units that may fire more than 50% H2 by volume;
					 and
(B) liquid and solid
					 fuel.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.140 - Continuous Demonstration of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) Totalizing fuel flow meters. The owner or
					 operator of units listed in this subsection shall install, calibrate, maintain,
					 and operate a totalizing fuel flow meter, with an accuracy of ± 5%, to
					 individually and continuously measure the gas and liquid fuel usage. A computer
					 that collects, sums, and stores electronic data from continuous fuel flow
					 meters is an acceptable totalizer. The owner or operator of units with
					 totalizing fuel flow meters installed prior to March 31, 2005, that do not meet
					 the accuracy requirements of this subsection shall either recertify or replace
					 existing meters to meet the ± 5% accuracy required as soon as
					 practicable but no later than March 31, 2007. For the purpose of compliance
					 with this subsection for units having pilot fuel supplied by a separate fuel
					 system or from an unmonitored portion of the same fuel system, the fuel flow to
					 pilots may be calculated using the manufacturer's design flow rates rather than
					 measured with a fuel flow meter. The calculated pilot fuel flow rate must be
					 added to the monitored fuel flow when fuel flow is totaled.
(1) Totalizing fuel flow meters are required
					 for the following units that are subject to §
												117.105
					 or §
												117.110
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT); and Emission Specifications for Attainment
					 Demonstration) and for stationary gas turbines that are exempt under §
												117.103(b)(6)
					 of this title (relating to Exemptions):
(A)
					 if individually rated more than 40 million British thermal units per hour
					 (MMBtu/hr):
(i) boilers;
(ii) process heaters; and
(iii) gas turbine supplemental-fired waste
					 heat recovery units;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.145 - Notification, Recordkeeping, and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Startup and shutdown records. For units
					 subject to the startup and/or shutdown provisions of §
											101.222
					 of this title (relating to Demonstrations), hourly records must be made of
					 startup and/or shutdown events and maintained for a period of at least two
					 years. Records must be available for inspection by the executive director,
					 United States Environmental Protection Agency, and any local air pollution
					 control agency having jurisdiction upon request. These records must include,
					 but are not limited to: type of fuel burned; quantity of each type of fuel
					 burned; and the date, time, and duration of the procedure.
(b) Notification. The owner or operator of an
					 affected source shall submit notification to the appropriate regional office
					 and any local air pollution control agency having jurisdiction as follows:
(1) verbal notification of the date of any
					 testing conducted under §
												117.135
					 of this title (relating to Initial Demonstration of Compliance) at least 15
					 days prior to such date followed by written notification within 15 days after
					 testing is completed; and
(2)
					 verbal notification of the date of any continuous emissions monitoring system
					 (CEMS) or predictive emissions monitoring system (PEMS) relative accuracy test
					 audit (RATA) conducted under §
												117.140
					 of this title (relating to Continuous Demonstration of Compliance) at least 15
					 days prior to such date followed by written notification within 15 days after
					 testing is completed; and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.150 - Initial Control Plan Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The owner or operator of any major source of nitrogen oxides
					 (NOX) shall submit, for the approval of the executive
					 director, an initial control plan for installation of NO
					 X emissions control equipment (if required in order to
					 comply with the emission specifications of this subchapter) and demonstration
					 of anticipated compliance with the applicable requirements of this subchapter.
(1) This section applies only to sources that
					 were major for NOX emissions before November 15,
					 1992.
(2) The executive director
					 shall approve the plan if it contains all the information specified in this
					 section.
(3) Revisions to the
					 initial control plan must be submitted with the final control plan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.152 - Final Control Plan Procedures for Reasonably Available Control Technology

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or
					 operator of units listed in §
											117.100
					 of this title (relating to Applicability) at a major source of nitrogen oxides
					 (NOX) shall submit a final control report to show
					 compliance with the requirements of §
											117.105
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT)). The report must include a list of the units listed
					 in §
											117.100
					 of this title, showing:
(1) the
					 NOX emission specification resulting from application of
					 §
												117.105
					 of this title for each non-exempt unit;
(2) the section under which
					 NOX compliance is being established for units specified
					 in paragraph (1) of this subsection, either:
(A)
													§
													117.105
					 of this title;
(B)
													§
													117.115
					 of this title (relating to Alternative Plant-Wide Emission
					 Specifications);
(C)
													§
													117.123 of
					 this title (relating to Source Cap);
(D)
													§
													117.125
					 of this title (relating to Alternative Case Specific Specifications);
					 or
(E)
													§
													117.9800
					 of this title (relating to Use of Emission Credits for Compliance);
(3) the method of
					 NOX control for each unit;
(4) the emissions measured by testing
					 required in §
												117.135
					 of this title (relating to Initial Demonstration of Compliance);
(5) the submittal date, and whether sent to
					 the Austin or the regional office (or both), of any compliance stack test
					 report or relative accuracy test audit report required by §
												117.135
					 of this title that is not being submitted concurrently with the final
					 compliance report; and
(6) the
					 specific rule citation for any unit with a claimed exemption from the emission
					 specifications of this division (relating to Beaumont-Port Arthur Ozone
					 Nonattainment Area Major Sources), for:
(A)
					 boilers and heaters with a maximum rated capacity greater than or equal to
					 100.0 million British thermal units per hour;
(B) gas turbines with a megawatt (MW) rating
					 greater than or equal to 10.0 MW; and
(C) gas-fired internal combustion engines
					 rated greater than or equal to 300 horsepower.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.154 - Final Control Plan Procedures for Attainment Demonstration Emission Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The owner or operator of units listed in §
											117.110
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration) at a major source of nitrogen oxides
					 (NOX) shall submit a final control report to show
					 compliance with the requirements of §
											117.110
					 of this title. The report must include:
(1)
					 the section under which NOX compliance is being
					 established, either:
(A)
													§
													117.110
					 of this title;
(B)
													§
													117.115
					 of this title (relating to Alternative Plant-Wide Emission
					 Specifications);
(C)
													§
													117.123 of
					 this title (relating to Source Cap); or
(D)
													§
													117.9800
					 of this title (relating to Use of Emission Credits for Compliance);
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 1 - BEAUMONT-PORT ARTHUR OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.156 - Revision of Final Control Plan

Current through Reg. 49, No. 28; July 12, 2024
A revised final control plan may be submitted by the
						owner or operator, along with any required permit applications. Such a plan
						must adhere to the emission specifications and the final compliance dates of
						this division (relating to Beaumont-Port Arthur Ozone Nonattainment Area Major
						Sources).
(1) For sources complying
					 with §
											117.105
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT)), §
											117.110
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration), or §
											117.115
					 of this title (relating to Alternative Plant-Wide Emission Specifications),
					 replacement new units may be included in the control plan.
(2) For sources complying with §
											117.123 of
					 this title (relating to Source Cap), any new unit must be included in the
					 source cap, if the unit belongs to an equipment category that is included in
					 the source cap.
(3) The revision of
					 the final control plan is subject to the review and approval of the executive
					 director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 3 - HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.300 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this division (relating to
						Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources) apply to the
						following units located at any major stationary source of nitrogen oxides
						located within the Houston-Galveston-Brazoria ozone nonattainment area:
(1) industrial, commercial, or institutional
					 boilers and process heaters;
(2)
					 stationary gas turbines;
(3)
					 stationary internal combustion engines;
(4) fluid catalytic cracking units (including
					 carbon monoxide (CO) boilers, CO furnaces, and catalyst regenerator
					 vents);
(5) boilers and industrial
					 furnaces that were regulated as existing facilities in 40 Code of Federal
					 Regulations Part 266, Subpart H (as was in effect on June 9, 1993);
(6) duct burners used in turbine exhaust
					 ducts;
(7) pulping liquor recovery
					 furnaces;
(8) lime kilns;
(9) lightweight aggregate kilns;
(10) heat treating furnaces and reheat
					 furnaces;
(11) magnesium chloride
					 fluidized bed dryers; and
(12)
					 incinerators.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 3 - HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.305 - Emission Specifications for Reasonably Available Control Technology (RACT)

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall
					 allow the discharge of air contaminants into the atmosphere to exceed the
					 emission specifications of this section, except as provided in §§
											117.315,
					 117.323, or
					 117.9800
					 of this title (relating to Alternative Plant-Wide Emission Specifications;
					 Source Cap; and Use of Emission Credits for Compliance).
(1) For purposes of this subchapter, the
					 lower of any permit nitrogen oxides (NOX) emission limit
					 in effect on June 9, 1993, under a permit issued in accordance with Chapter 116
					 of this title (relating to Control of Air Pollution by Permits for New
					 Construction or Modification) and the emission specifications of subsections
					 (b) - (d) of this section apply, except that:
(A) gas-fired boilers and process heaters
					 operating under a permit issued after March 3, 1982, with a
					 NOX emission limit of 0.12 pounds per million British
					 thermal units (lb/MMBtu) heat input, are limited to that rate for the purposes
					 of this subchapter; and
(B)
					 gas-fired boilers and process heaters that have had NOX
					 reduction projects permitted since November 15, 1990, and prior to June 9,
					 1993, that were solely for the purpose of making early
					 NOX reductions, are subject to the appropriate emission
					 specification of subsection (b) of this section. The affected person shall
					 document that the NOX reduction project was solely for
					 the purpose of obtaining early reductions, and include this documentation in
					 the initial control plan required in §
													117.350
					 of this title (relating to Initial Control Plan Procedures).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 3 - HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.310 - Emission Specifications for Attainment Demonstration

Current through Reg. 49, No. 28; July 12, 2024
(a) Emission specifications for the Mass
					 Emission Cap and Trade Program. The nitrogen oxides
					 (NOX) emission rate values used to determine allocations
					 for Chapter 101, Subchapter H, Division 3 of this title (relating to Mass
					 Emissions Cap and Trade Program) must be the lower of any applicable permit
					 limit in a permit issued before January 2, 2001; any permit issued on or after
					 January 2, 2001, that the owner or operator submitted an application determined
					 to be administratively complete by the executive director before January 2,
					 2001; any limit in a permit by rule under which construction commenced by
					 January 2, 2001; or the following emission specifications:
(1) gas-fired boilers:
(A) with a maximum rated capacity equal to or
					 greater than 100 million British thermal units per hour (MMBtu/hr), 0.020
					 pounds per million British thermal units (lb/MMBtu);
(B) with a maximum rated capacity equal to or
					 greater than 40 MMBtu/hr, but less than 100 MMBtu/hr, 0.030 lb/MMBtu;
					 and
(C) with a maximum rated
					 capacity less than 40 MMBtu/hr, 0.036 lb/MMBtu (or alternatively, 30 parts per
					 million by volume (ppmv) NOX, at 3.0% oxygen
					 (O2), dry basis);
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 117 - CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS › Subchapter B - COMBUSTION CONTROL AT MAJOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL SOURCES IN OZONE NONATTAINMENT AREAS › Division 3 - HOUSTON-GALVESTON-BRAZORIA OZONE NONATTAINMENT AREA MAJOR SOURCES › Section 117.315 - Alternative Plant-Wide Emission Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator may achieve
					 compliance with the nitrogen oxides (NOX) emission
					 limits of §
											117.305
					 of this title (relating to Emission Specifications for Reasonably Available
					 Control Technology (RACT)) or §
											117.310
					 of this title (relating to Emission Specifications for Attainment
					 Demonstration) by achieving equivalent NOX emission
					 reductions obtained by compliance with a plant-wide emission specification. Any
					 owner or operator who elects to comply with a plant-wide emission specification
					 shall reduce emissions of NOX from affected units so
					 that if all such units were operated at their maximum rated capacity, the
					 plant-wide emission rate of NOX from these units would
					 not exceed the plant-wide emission specification as defined in §
											117.10 of
					 this title (relating to Definitions).
(b) The owner or operator shall establish an
					 enforceable NOX emission limit for each affected unit at
					 the source as follows.
(1) For boilers and
					 process heaters that operate with a continuous emissions monitoring system
					 (CEMS) or predictive emissions monitoring system (PEMS) in accordance with
					 §
												117.340
					 of this title (relating to Continuous Demonstration of Compliance), the
					 emission specifications apply in:
(A) the
					 units of the applicable standard (the mass of NOX
					 emitted per unit of energy input (pounds per million British thermal units
					 (lb/MMBtu) or parts per million by volume (ppmv)), on a rolling 30-day average
					 period; or
(B) as the mass of
					 NOX emitted per hour (pounds per hour), on a block
					 one-hour average.