Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 112 - CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS › Subchapter G - REQUIREMENTS IN THE NAVARRO COUNTY NONATTAINMENT AREA › Section 112.302 - Control Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Kiln
				  Scrubber Stack (EPN E3-1) and the associated lightweight aggregate kiln must
				  emit all exhaust gases through a stack that is at least 36.576 meters tall and
				  must be located within a rectangle designated as having its corners at
				  Universal Transverse Mercator (UTM) coordinates UTM East Meters 750646.0 and
				  UTM North Meters 3533975.0, UTM East Meters 750676.0 and UTM North Meters
				  3533975.0, UTM East Meters 750646.0 and UTM North Meters 3533955.0, and UTM
				  East Meters 750676.0 and UTM North Meters 3533955.0, in UTM Zone 14. A bypass
				  to the lightweight aggregate kiln or its control device may not be installed
				  unless it vents through this stack.
(b) Emissions from the Kiln Scrubber Stack
				  (EPN E3-1) may not exceed 222.00 pounds per hour (lb/hr) sulfur dioxide, the
				  temperature of the exhaust gas exiting from the stack may not fall below 117
				  degrees Fahrenheit, and the velocity of the exhaust gas exiting from the stack
				  may not drop below 42.5 feet per second.
(c) The owner or operator may request an
				  alternate means of control (AMOC) as follows:
(1) Permitting Requirements. Compliance with
				  this subsection does not relieve any owner or operator of the responsibility to
				  comply with the requirements of §
											116.110
				  or §
											116.151
				  of this title (relating to Applicability and New Major Source or Major
				  Modification in Nonattainment Area Other Than Ozone, respectively) with respect
				  to the new construction or modification of sources that may emit
				  SO2 into the air of this state.
(2) Availability of AMOC.
(A) The owner or operator of any site subject
				  to a control requirement in this subchapter may request approval of an AMOC
				  plan using the procedures established in this subsection. The executive
				  director shall review a submitted AMOC and may approve the AMOC plan if it is
				  demonstrated that the plan meets all applicable criteria and procedures of this
				  subsection. The owner or operator who submits an AMOC plan not satisfying the
				  requirements of this section may apply for a site-specific state implementation
				  plan revision approved by the executive director and the United States
				  Environmental Protection Agency (EPA).
(B) Application for an AMOC plan does not
				  stay enforcement of regulations in this subchapter.
(C) Any violation of an AMOC plan will be
				  subject to enforcement action as a violation of this subchapter.
(3) Criteria for Approval of AMOC
				  Plans. An AMOC plan may be approved if it meets each of the following criteria,
				  as applicable.
(A) Except as provided for in
				  paragraph (8) of this subsection, all sources covered by the AMOC plan must be
				  and remain at the same site.
(B) If
				  the AMOC plan includes an increase in the lb/hr emission limit for a source
				  subject to the control requirements in this subchapter, the AMOC plan must also
				  include an equivalent decrease in the lb/hr emission limit for one or more
				  sources subject to the control of this subchapter.
(C) The AMOC application must include a
				  demonstration that satisfies the following requirements.
(i) The modeled impacts of all sources
				  affected by the AMOC plan demonstrate no net increase in ground-level
				  concentration, which for purposes of this subparagraph means no net increase in
				  modeled off-property concentration of SO2, on a highest,
				  first-high basis, at any receptor,
i
, in excess of the lesser
				  of:
(I) GLC
crit,i
, as defined in the following equation; or
Attached Graphic
(II) an applicable significant
				  impact level for the one-hour National Ambient Air Quality Standard for
				  SO2.
(ii) Except where otherwise provided in this
				  subsection, the demonstration required under this paragraph must be by means of
				  applicable air quality models, databases, and other requirements specified in
				  Appendix W to
				  40 CFR
				  §
														51.1 and what was used in the modeling
				  for the corresponding SIP revision.
(D) The AMOC must be implemented and
				  reductions created after the effective date of this rule.
(E) The AMOC plan must establish control
				  requirements and monitoring, testing, recordkeeping, and reporting requirements
				  consistent with and no less stringent than the applicable requirements of this
				  subchapter for all sources in the plan that render the proposed control
				  requirements enforceable.
(4) Procedures for AMOC Plan Submittal.
(A) The owner or operator requesting an AMOC
				  plan shall submit a proposed AMOC plan and demonstration to the executive
				  director; copies of such plan and demonstration must also be submitted to the
				  appropriate regional office, any local air pollution control program with
				  jurisdiction over the site affected by the AMOC plan, and copies to the EPA
				  regional office.
(B) The proposed
				  AMOC plan must include the following information:
(i) the AMOC applicant name with mailing
				  address, site name with physical address, regulated entity number, and contact
				  person including address and telephone number;
(ii) an identification and a description of
				  the sources involved in the AMOC plan including any applicable air permit
				  numbers, plot plans, detailed flow diagrams, emission point numbers (EPNs), and
				  facility identification numbers (FINs); an identification of the provisions of
				  this subchapter that are applicable to such sources; an identification of
				  promulgated provisions of this subchapter that will be applicable to such
				  sources; and a description of normal operating conditions for each source
				  causing emissions;
(iii) control
				  requirements, which must be established for each source to make emission limits
				  enforceable, to be applicable to each source affected by the proposed AMOC
				  plan;
(iv) a demonstration that the
				  AMOC plan satisfies each applicable requirement of paragraph (3) of this
				  subsection;
(v) a list containing
				  the name, address, and telephone number of any air pollution control program
				  with jurisdiction over the site affected by the AMOC plan; and
(vi) any other relevant information necessary
				  to evaluate the merits and enforceability of the AMOC plan, as may be requested
				  by the executive director.
(C) All representations with regard to the
				  AMOC plan, as well as any provisions attached to the AMOC plan, become
				  conditions upon which the subsequent AMOC plan is issued. If the AMOC plan is
				  approved by the executive director and the EPA, the owner or operator may not
				  vary from such representation or provision if the change will cause a change in
				  the method of control of emissions, the character of the emissions, or will
				  result in an increase in the discharge of the various emissions. If the AMOC
				  plan is approved by the executive director and the EPA, the owner or operator
				  may not vary from the emission limits, control requirements, monitoring,
				  testing, reporting, or recordkeeping requirements of an approved AMOC
				  plan.
(D) Applications to amend or
				  revise an AMOC plan must be submitted subject to the requirements of this
				  subsection.
(5)
				  Procedures for an AMOC Plan Approval. Upon a preliminary determination to
				  approve or deny the proposed AMOC plan, the executive director shall, in
				  writing, so notify the submitter of the plan, any local air pollution control
				  program with jurisdiction over the site affected by the AMOC plan, and the EPA
				  regional office.
(A) If the executive director
				  makes a preliminary determination to approve the AMOC plan, the notice must
				  include a copy of the AMOC plan as preliminarily approved.
(B) If the executive director makes a
				  determination to deny the AMOC plan, the notice must include a description of
				  the reason(s) for such determination of denial. This determination constitutes
				  a final action of the executive director appealable to the Commission as
				  provided in subparagraph (G) of this paragraph.
(C) Upon receipt of notice from the executive
				  director that the AMOC plan has received preliminary approval, the AMOC
				  applicant, at the applicant's own expense, shall cause notice of the
				  applicant's intent to obtain an AMOC plan and of the opportunity to submit
				  written comments to be published. The notice must be consistent with paragraph
				  (6) of this subsection.
(D) The
				  executive director shall consider and prepare a written response to all
				  significant and timely written comments filed in connection with an AMOC
				  plan.
(E) In response to the
				  written comments, the executive director may modify the provisions of the AMOC
				  plan, deny the AMOC plan, or approve the AMOC plan without changes.
(F) The executive director shall send written
				  notice of the final determination concerning each AMOC plan to the submitter of
				  the plan, the EPA regional office, any local pollution control program with
				  jurisdiction, and to each person who submitted timely written comments. Such
				  notice must include the final AMOC plan provisions, a copy of the response to
				  comments, and an announcement of the opportunity to appeal the executive
				  director's determination to the Commission. The notice required by this
				  subparagraph must be sent by a means evidencing receipt.
(G) Any person entitled to notice under
				  paragraph (6) of this subsection may, within 15 days of the receipt of such
				  notice, file with the executive director an appeal of the final determination
				  on the AMOC plan. Such appeal may be considered at the next regularly scheduled
				  meeting of the Commission for which adequate notice may be made. Based on
				  arguments submitted to the commission during such appeal, the Commission may
				  remand the AMOC determination to the executive director, deny the AMOC plan, or
				  issue the AMOC plan unchanged.
(H)
				  Within 45 days of final approval of the AMOC plan by the executive director or
				  the Commission for an appeal, the EPA may notify the commission of the EPA's
				  disapproval of the executive director's final decision. Such notification must
				  be in writing and must include a statement of the reason(s) for the disapproval
				  and a specific listing of changes to the AMOC plan needed to overcome the
				  disapproval. Any time prior to the expiration of the 45-day period, the EPA may
				  notify the executive director that no disapproval is forthcoming. Upon receipt
				  of a timely EPA disapproval, the executive director shall void or revise the
				  AMOC plan and reissue the notice as required by paragraph (6) of this
				  subsection.
(I) If no appeal of the
				  executive director's decision to approve the AMOC plan is filed pursuant to
				  paragraph (8) of this subsection, the AMOC plan becomes effective upon the
				  acceptance of the plan by the EPA as described in subparagraph (K) of this
				  paragraph.
(J) If an appeal of the
				  executive director's decision is filed, the AMOC plan becomes effective upon
				  the latter of the acceptance of the AMOC plan by the Commission or the
				  acceptance of the AMOC plan by the EPA.
(K) EPA acceptance is defined as explicit
				  approval of the AMOC plan by the EPA, notification by the EPA to the executive
				  director that no EPA disapproval is forthcoming, or failure of the EPA to file
				  notice of disapproval within 45 days after the executive director's final
				  decision to approve the AMOC plan.
(6) Public Notice Format.
(A) Public notice must be published in the
				  public notice section of two successive issues of a newspaper of general
				  circulation in or closest to the municipality in which the site affected by the
				  AMOC plan is located.
(B) Public
				  notice must contain the following information:
(i) the AMOC plan application number assigned
				  by the executive director;
(ii) the
				  AMOC applicant's name;
(iii) the
				  type of source and site;
(iv) a
				  description of the location of the site;
(v) a brief description of the AMOC
				  plan;
(vi) the executive director's
				  preliminary determination to approve the plan;
(vii) the locations and availability of
				  copies of the proposed AMOC plan, related documentation, and the executive
				  director's preliminary analysis of the plan (including the Austin and
				  appropriate regional offices, any local pollution control program with
				  jurisdiction over the site affected by the AMOC plan, and the EPA regional
				  office);
(viii) an announcement of
				  the opportunity to submit written comments on the AMOC plan;
(ix) the length of the public comment period,
				  which extends to at least 30 days after the final publication of the
				  notice;
(x) the procedure for
				  submission of written public comments concerning the proposed AMOC plan;
				  and
(xi) the name, address, and
				  phone number of the Agency's regional office to be contacted for further
				  information.
(C) The
				  executive director may not take final action on the AMOC plan until the owner
				  or operator who submitted the AMOC plan has provided proof of adequate notice
				  to the executive director, the EPA, and any local pollution control program
				  with jurisdiction.
(7)
				  Review of Approved AMOC Plans and Termination of AMOC Plans.
(A) For the purposes of this subsection,
				  compliance date means the date by which a source must comply with new or
				  modified sections of this subchapter.
(B) Unless revised to reflect new regulatory
				  requirements, an AMOC plan becomes void on the compliance date specified for a
				  new or modified section of this subchapter affecting a source subject to an
				  AMOC plan.
(C) The holder of an
				  AMOC plan shall comply with the requirements of this subchapter if the AMOC
				  plan becomes void.
(D) Upon final
				  approval of an AMOC plan, the owner or operator of the sources affected by the
				  plan shall keep a copy of the plan on the site affected by the plan and shall
				  make the plan available upon request to representatives of the executive
				  director, the EPA, or any local air pollution control agency having
				  jurisdiction in the area.
(E) Upon
				  request, each holder of an AMOC plan shall submit to the executive director a
				  demonstration that the plan continues to meet all applicable criteria of this
				  subsection.
(F) An AMOC holder is
				  responsible for obtaining a new AMOC plan prior to the compliance date of any
				  new or modified regulation of this subchapter that affects a source subject to
				  an AMOC plan.
(8)
				  Inclusion of Contiguous Properties. Notwithstanding paragraph (3)(A) of this
				  subsection, an AMOC plan may cover multiple sources operated on contiguous
				  properties, provided that separate requests for plan approval are submitted by
				  each owner or operator subject to a control requirement under this
				  subchapter.