reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.30 - Minimum Standards for Environmental Management Systems

Current through Reg. 49, No. 28; July 12, 2024
A person may be eligible to receive regulatory incentives
					 under this chapter if the site's environmental management system (EMS):
(1) includes a written environmental policy
				  directed toward continuous improvement;
(2) identifies the environmental aspects at
				  the site;
(3) prioritizes these
				  environmental aspects by the significance of the impacts at the site;
(4) sets the priorities, goals, and targets
				  for continuous improvement in environmental performance and for ensuring
				  compliance with applicable environmental laws, regulations, and permit
				  conditions;
(5) assigns clear
				  responsibility for implementation, training, monitoring, and taking corrective
				  action and for ensuring compliance with applicable environmental laws,
				  regulations, and permit conditions;
(6) requires written documentation of the
				  implementation procedures and the results;
(7) requires evaluation and refinement of the
				  EMS to demonstrate improved attainment of the priorities, goals, and targets of
				  the system; and
(8) has been
				  certified to a recognized environmental management system standard by an
				  independent third party.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 90.31 - Review of Incentive Applications for Environmental Management Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must submit written
				  documentation of the Environmental Management System (EMS) for a specific site
				  as part of a written request for approval of the site's EMS to the executive
				  director to be eligible to receive regulatory incentives under this chapter.
				  The documentation must include:
(1) the
				  environmental policy statement as required in §
											90.30(1)
				  of this title (relating to Minimum Standards for Environmental Management
				  Systems);
(2) scope of the EMS,
				  including programmatic, geographic area, sites, facilities, or units included
				  in the EMS;
(3) the prioritized
				  environmental aspects for the site as required in §
											90.30(2)
				  and (3) of this title;
(4) environmental improvement goals and
				  targets for continuous improvement in environmental performance as required in
				  §
											90.30(4)
				  of this title;
(5) list of any
				  independent certifications that have been completed on the EMS;
(6) main point of contact on the
				  EMS;
(7) any other information
				  requested by the executive director during the review period; and
(8) signature of the requestor or the duly
				  authorized agent, that certifies that all information is accurate, and
				  complete.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 91.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish streamlined
					 processes under Texas Water Code, §
										5.558,
					 for the commission to issue permits, registrations, licenses, or other types of
					 authorization under the commission's jurisdiction required to construct,
					 operate, or authorize a component of the FutureGen project as defined in §
										91.30 of
					 this title (relating to Definitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 91.20 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to procedural
				  requirements for authorizations required to construct, operate, or authorize a
				  component of the FutureGen project as defined in §
										91.30 of
				  this title (relating to Definitions), including applications for permits,
				  registrations, licenses, or other types of authorization under the following:
(1) Chapter 295 of this title (relating to
				  Water Rights, Procedural);
(2)
				  Chapter 297 of this title (relating to Water Rights, Substantive);
(3) Chapter 305 of this title (relating to
				  Consolidated Permits);
(4) Chapter
				  312 of this title (relating to Sludge Use, Disposal, and
				  Transportation);
(5) Chapter 329 of
				  this title (relating to Drilled or Mine Shafts);
(6) Chapter 330 of this title (relating to
				  Municipal Solid Waste);
(7) Chapter
				  331 of this title (relating to Underground Injection Control);
(8) Chapter 335 of this title (relating to
				  Industrial Solid Waste and Municipal Solid Waste); and
(9) Chapter 336 of this title (relating to
				  Radioactive Substance Rules).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 90 - INNOVATIVE PROGRAMS › Subchapter A - INCENTIVE PROGRAMS › Section 91.30 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Clean coal project--The
				  installation of one or more components of the coal-based integrated
				  sequestration and hydrogen research project to be built in partnership with the
				  United States Department of Energy, commonly referred to as the FutureGen
				  project. The term includes the construction or modification of a facility for
				  electric generation, industrial production, or the production of steam as a
				  by-product of coal gasification to the extent that the facility installs one or
				  more components of the FutureGen project.
(2) Coal--All forms of coal, including
				  lignite.
(3) Component of the
				  FutureGen project A process, technology, or piece of equipment that:
(A) is designed to employ coal gasification
				  technology to generate electricity, hydrogen, or steam in a manner that meets
				  the FutureGen project profile;
(B)
				  is designed to employ fuel cells to generate electricity in a manner that meets
				  the FutureGen project profile;
(C)
				  is designed to employ a hydrogen-fueled turbine to generate electricity where
				  the hydrogen is derived from coal in a manner that meets the FutureGen project
				  profile;
(D) is designed to
				  demonstrate the efficacy at an electric generation or industrial production
				  facility of a carbon dioxide capture technology in a manner that meets the
				  FutureGen project profile;
(E) is
				  designed to sequester a portion of the carbon dioxide captured from an electric
				  generation or industrial production facility in a manner that meets the
				  FutureGen project profile in conjunction with appropriate remediation plans and
				  appropriate techniques for reservoir characterization, injection control, and
				  monitoring;
(F) is designed to
				  sequester carbon dioxide as part of enhanced oil recovery in a manner that
				  meets the FutureGen project profile in conjunction with appropriate techniques
				  for reservoir characterization, injection control, and monitoring;
(G) qualifies for federal funds designated
				  for the FutureGen project;
(H) is
				  required to perform the sampling, analysis, or research necessary to submit a
				  proposal to the United States Department of Energy for the FutureGen project;
				  or
(I) is required in a final
				  United States Department of Energy request for proposals for the FutureGen
				  project or is described in a final United States Department of Energy request
				  for proposals as a desirable element to be considered in the awarding of the
				  project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 91 - ALTERNATIVE PUBLIC NOTICE AND PUBLIC PARTICIPATION REQUIREMENTS FOR SPECIFIC DESIGNATED FACILITIES › Subchapter B - PUBLIC NOTICE AND PUBLIC PARTICIPATION › Section 91.100 - Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
With the exception of any other provision in this title, an
					 application for a permit, registration, license, or other type of authorization
					 required to construct, operate, or authorize a component of the FutureGen
					 project as defined in §
										91.30 of
					 this title (relating to Definitions) is not subject to a contested case
					 hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 91 - ALTERNATIVE PUBLIC NOTICE AND PUBLIC PARTICIPATION REQUIREMENTS FOR SPECIFIC DESIGNATED FACILITIES › Subchapter B - PUBLIC NOTICE AND PUBLIC PARTICIPATION › Section 91.110 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  for a permit, registration, license, or other type of authorization required to
				  construct, operate, or authorize a component of the FutureGen project as
				  defined in §
										91.30 of
				  this title (relating to Definitions) is subject to the applicable notice
				  requirements under Chapter 39 of this title (relating to Public Notice) or
				  other rule under this title for the type of authorization sought, except as
				  provided in this section.
(b) The
				  text of the notice must include the following statements: "The application is
				  for authorization of a component of the FutureGen project and is not subject to
				  a contested case hearing. The commission may hold a public meeting, an informal
				  conference, or form an advisory committee to gather the opinions and advice of
				  interested persons on the application when there is a significant degree of
				  public interest."
(c) The text of
				  the notice must not include a description of procedures for requesting a
				  contested case hearing or the deadline for requesting a contested case
				  hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 91 - ALTERNATIVE PUBLIC NOTICE AND PUBLIC PARTICIPATION REQUIREMENTS FOR SPECIFIC DESIGNATED FACILITIES › Subchapter B - PUBLIC NOTICE AND PUBLIC PARTICIPATION › Section 91.120 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may hold public meetings, informal conferences, or advisory
				  committees to gather the opinions and advice of interested persons on an
				  application subject to this chapter when there is a significant degree of
				  public interest.
(b) Except as
				  provided in §
										91.100 of
				  this title (relating to Contested Case Hearings), an application under this
				  chapter is also subject to the public meeting and public comment processing
				  requirements of Chapter 55 of this title (relating to Requests for
				  Reconsideration and Contested Case Hearings; Public Comment) or elsewhere under
				  this title that is applicable to the type of authorization sought.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.2 - Multiple Air Contaminant Sources or Properties

Current through Reg. 49, No. 28; July 12, 2024
(a) In an area where an additive effect
				  occurs from the accumulation of air contaminants from two or more sources on a
				  single property or from two or more properties, such that the level of air
				  contaminants exceeds the ambient air quality standards established by the
				  commission, and each source or each property is emitting no more than the
				  allowed limit for an air contaminant for a single source or from a single
				  property, further reduction of emissions from each source or property shall be
				  made as determined by the commission.
(b) Two or more property owners, or operators
				  acting on behalf of a property owner, may petition the commission to have their
				  properties designated a single property for purposes of demonstrating
				  compliance with commission regulations and the control of air emissions.
(1) The use of this section is intended for:
(A) a property under the control of a single
				  entity that has been or will be divided and placed under the control of
				  separate entities, creating a new property line configuration; or
(B) properties operated or intended to be
				  operated as an integrated plant or plants where individual facilities are owned
				  by separate entities, but all facilities are under the control of a single
				  entity.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.3 - Circumvention

Current through Reg. 49, No. 28; July 12, 2024
No person shall use any plan, activity, device or
					 contrivance which the executive director determines will, without resulting in
					 an actual reduction of air contaminants, conceal or appear to minimize the
					 effects of an emission which would otherwise constitute a violation of the Act
					 or regulations. Air introduced for dilution purposes only is considered a
					 circumvention of the regulations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.4 - Nuisance

Current through Reg. 49, No. 28; July 12, 2024
No person shall discharge from any source whatsoever one or
					 more air contaminants or combinations thereof, in such concentration and of
					 such duration as are or may tend to be injurious to or to adversely affect
					 human health or welfare, animal life, vegetation, or property, or as to
					 interfere with the normal use and enjoyment of animal life, vegetation, or
					 property.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.5 - Traffic Hazard

Current through Reg. 49, No. 28; July 12, 2024
No person shall discharge from any source whatsoever such
					 quantities of air contaminants, uncombined water, or other materials which
					 cause or have a tendency to cause a traffic hazard or an interference with
					 normal road use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.8 - Sampling

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person owning or operating a source
				  which emits air contaminants into the air of this state shall, upon request by
				  the board or the executive director, conduct sampling to determine the opacity,
				  rate, composition, and/or concentration of such emissions. Sampling shall be
				  conducted at a frequency and within a period of time which are reasonable as
				  specified by the board or executive director. The sampling method shall be
				  specified by the board or the executive director and, further, the sampling
				  shall be conducted so as to reflect with reasonable accuracy the above listed
				  characteristics of such emissions.
(b) Any person affected by subsection (a) of
				  this section may request the executive director to approve alternate sampling
				  techniques or other means to determine the opacity, rate, composition, and/or
				  concentration of emissions. The executive director may approve such alternate
				  methods or means if it can be demonstrated that such alternatives will be
				  substantially equivalent to the sampling methods specified by the executive
				  director or the board.
(c) If
				  requested to obtain air contaminants emission data pursuant to subsection (a)
				  of this section, the owner or operator shall attest to and report the results
				  so obtained to the executive director within a reasonable time specified by and
				  on forms furnished by the executive director.
(d) Copies of all data, the computations, and
				  results obtained under subsection (a) of this section shall be retained by the
				  owner or operator of a source for at least five years and shall be made
				  available to the board, or any members, employees or agents thereof, and to any
				  local air pollution control agencies, during regular business hours.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.9 - Sampling Ports

Current through Reg. 49, No. 28; July 12, 2024
Any person, at the request of the board, shall provide in
					 connection with each flue a power source near the point of testing in addition
					 to such sampling and testing facilities and sampling ports, including safe and
					 easy access thereto, exclusive of instruments and sensing devices, as may be
					 necessary for the board to determine the nature and quality of emissions which
					 are or may be discharged as a result of source operations. Evidence and data
					 based on these samples and calculations may be used to substantiate violations
					 of the Act, rules, and regulations. Agents of the board shall be permitted to
					 sample the stacks during operating hours.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.10 - Emissions Inventory Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. The owner or operator of
				  an account or source in the State of Texas or on waters that extend 9.0
				  nautical miles from the shoreline meeting one or more of the following
				  conditions shall submit emissions inventories or related data as required in
				  subsection (b) of this section to the commission on media approved by the
				  commission:
(1) an account which meets the
				  definition of a major facility/stationary source, as defined in §
											116.12
				  of this title (relating to Nonattainment and Prevention of Significant
				  Deterioration Review Definitions);
(2) any account in an ozone nonattainment
				  area emitting a minimum of ten tons per year (tpy) volatile organic compounds
				  (VOC), 25 tpy nitrogen oxides (NOX), or 100 tpy or more
				  of any other contaminant subject to National Ambient Air Quality Standards
				  (NAAQS);
(3) any account that emits
				  a minimum of 0.5 tpy of lead (Pb);
(4) any account that emits or has the
				  potential to emit 100 tpy or more of any contaminant, except for greenhouse
				  gases as listed in §
											101.1 of
				  this title (relating to Definitions) individually or collectively;
(5) any account which emits or has the
				  potential to emit 10 tpy of any single or 25 tpy of aggregate hazardous air
				  pollutants as defined in Federal Clean Air Act (FCAA), §112(a)(1);
				  and
(6) any minor industrial
				  source, area source, non-road mobile source, or mobile source of emissions
				  subject to special inventories under subsection (b)(3) of this section. For
				  purposes of this section, the term "area source" means a group of similar
				  activities that, taken collectively, produce a significant amount of air
				  pollution.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.13 - Use and Effect of Rules

Current through Reg. 49, No. 28; July 12, 2024
These rules may be used by the board as guides in the
					 exercise of discretion, where discretion is vested. They shall not be construed
					 as a limitation or restriction on the exercise of discretion, where it exists,
					 nor shall they be construed to deprive the board of the exercise of any power,
					 duties, and jurisdiction conferred by law, or to limit or restrict the amount
					 and character of data or information which may be required for the proper
					 administration of the law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.14 - Sampling Procedures and Terminology

Current through Reg. 49, No. 28; July 12, 2024
Where not otherwise specified in the rules, regulations,
					 determinations and orders of the board, the procedures used for sampling air
					 and measuring air contaminants, and the methods of expressing the findings
					 shall be those commonly accepted and used in the field of air pollution
					 control.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.18 - Remedies Cumulative

Current through Reg. 49, No. 28; July 12, 2024
The administrative and judicial procedures available to the
					 board to prevent, correct, or remedy air pollution conditions or violations are
					 cumulative. Within the limits of the authority set forth in the Act and these
					 sections, the board or the executive director may act under any one or more of
					 these procedures, as applicable to the facts of a particular air pollution
					 condition or claimed violation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.19 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any provisions of any of the regulations of the board or
					 the application of that provision to any person, situation, or circumstance is
					 for any reason adjudged invalid, the adjudication does not affect any other
					 provision of the regulations or the application of the adjudicated provision to
					 any other person, situation, or circumstance. The board declares that it would
					 have adopted the valid portions and applications of the regulations without the
					 invalid part and to this end the provisions of the regulations are declared to
					 be severable.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.20 - Compliance with Environmental Protection Agency Standards

Current through Reg. 49, No. 28; July 12, 2024
Any person owning or operating a source of air contaminants
					 shall comply with the following requirements:
(1) any applicable new source performance
				  standards promulgated by the Environmental Protection Agency (EPA) pursuant to
				  the Federal Clean Air Act, §111, as amended;
(2) any applicable emissions standards for
				  hazardous air pollutants promulgated by the EPA pursuant to the Federal Clean
				  Air Act, §112, as amended; and
(3) the conditions of any permit issued by
				  the EPA pursuant to 40 Code of Federal Regulations §52.21, concerning the
				  prevention of significant deterioration of air quality.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.21 - The National Primary and Secondary Ambient Air Quality Standards

Current through Reg. 49, No. 28; July 12, 2024
The National Primary and Secondary Ambient Air Quality
					 Standards as promulgated pursuant to section 109 of the Federal Clean Air Act,
					 as amended, will be enforced throughout all parts of Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.23 - Alternate Emission Reduction ("Bubble") Policy

Current through Reg. 49, No. 28; July 12, 2024
An owner or operator of any facility that is affected by
					 any control requirement of TACB Regulations I, II, III, V, VII, and IX adopted
					 on or after March 30, 1979, may, prior to compliance with such requirement,
					 request the executive director to approve control of emissions from an
					 alternate facility or from alternate facilities located on the affected
					 property and owned or operated by or under the control of the owner or operator
					 of the affected facility in lieu of compliance with the requirement as
					 prescribed in the regulation, provided the alternate proposed controls are not
					 required by any TACB rule, regulation, permit condition, board order or court
					 order. The executive director shall approve control of emissions from alternate
					 facilities if the applicant demonstrates that the alternate controls will
					 yield, by the date specified in the rule, emission reductions that are
					 substantially equivalent to the emissions reductions which would otherwise be
					 required in terms of their quantity, character, air quality impacts including
					 health and welfare effects, and area affected. Facilities which receive the
					 executive director's approval of an alternate emissions control plan will be
					 deemed to have complied with the otherwise applicable TACB rule. However, the
					 executive director may, after notice and opportunity for public hearing, revoke
					 the credit or authority for alternate controls if he determines that any of the
					 prerequisites for approval of the alternate controls are no longer met or if
					 further emission reductions are needed to meet the intent of the Texas Clean
					 Air Act.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.26 - Surcharge on Fuel Oil in Specified Boilers

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. The owner or operator of
				  an industrial or utility boiler, as defined in §
										101.1 of
				  this title (relating to Definitions), with a heat input capacity of greater
				  than 10.0 million British thermal units (Btu) per hour capable of using natural
				  gas shall remit to the Texas Air Control Board (TACB) a clean fuel incentive
				  surcharge of $.20 per million Btu on fuel oil used on or between April 15 and
				  October 15 of each year. Provisions of this section apply only to industrial
				  and utility boilers located in consolidated metropolitan statistical areas or
				  metropolitan statistical areas with a population of 350,000 or more which have
				  not met the national ambient air quality standard for ozone.
(b) Exemptions. The owner or operator of an
				  industrial or utility boiler affected by subsection (a) of this section is
				  exempt from the surcharge in the following circumstances:
(1) burning of the following oils as defined
				  for purposes of energy recovery or disposal, provided that such burning
				  activities are approved or permitted by TACB, Texas Water Commission, and/or
				  the United States Environmental Protection Agency:
(A) Used oil--Any oil that has been refined
				  from crude oil, has been used, and, as a result of such use, is contaminated by
				  physical or chemical impurities;
(B) Hazardous waste-derived oil--Any oil that
				  has been produced by processing, blending, or other treatment using hazardous
				  wastes, as defined in §
												101.1 of
				  this title (relating to Definitions);
(C) Waste oil--Any by-product or co-product
				  oil resulting from crude oil refining or petrochemical production, which is
				  used for energy recovery on-site, provided such use does not exceed 5.0% of the
				  manufacturing complex's fuel consumption, and any by-product oil resulting from
				  crude oil refining or petrochemical production, which is used for energy
				  recovery on-site, if the material has no commercial value and would otherwise
				  be Class I industrial solid waste or hazardous waste. For purposes of this
				  definition, the term "on-site" includes facilities which are adjacent,
				  contiguous, or physically interconnected;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter A - GENERAL RULES › Section 101.28 - Stringency Determination for Federal Operating Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Instead of the requirements imposed by an
				  applicable requirement or a state only requirement as defined in §
										122.10 of
				  this title (relating to General Definitions), a permit holder of a federal
				  operating permit may comply with more stringent or equivalent requirements,
				  provided the requirements:
(1) are
				  established by §
											122.148(c)(1)(B)
				  of this title (relating to Permit Shield) for streamlining multiple,
				  duplicative, redundant, and/or contradicting applicable requirements or state
				  only requirements; and
(2) are
				  adequate to assure compliance to the same extent as the applicable requirements
				  or state-only requirements being superseded by a more stringent or equivalent
				  requirement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.100 - 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.
(1) Actual emissions--As defined in §
										101.10(b)
				  of this title (relating to Emissions Inventory Requirements).
(2) Area §185 Obligation--The total
				  annual amount of §185 fee due from all applicable major stationary sources
				  in a severe or extreme ozone nonattainment area that failed to attain the
				  one-hour ozone National Ambient Air Quality Standard by its applicable
				  attainment date of November 15, 2007.
(3) Attainment date--The date an area is
				  scheduled to attain the National Ambient Air Quality Standard for one-hour
				  ozone, as documented in the state implementation plan. For the
				  Houston-Galveston-Brazoria one-hour ozone nonattainment area, this is November
				  15, 2007.
(4) Attainment year--For
				  the Houston-Galveston-Brazoria one-hour ozone standard, the attainment year is
				  calendar year 2007.
(5) Baseline
				  amount--Tons of volatile organic compounds and/or nitrogen oxides emissions
				  calculated separately at a major stationary source, using data submitted to and
				  recorded by the commission, under §
										101.106
				  of this title (relating to Baseline Amount Calculation).
(6) Baseline emissions--Emissions reported in
				  tons in the annual emissions inventory submitted to and recorded by the agency
				  each calendar year per the requirements of §
										101.10
				  of this title adjusted as follows.
(A) The
				  baseline emissions must include all annual emissions associated with authorized
				  normal operations, startups, shutdowns, and maintenance activities and excludes
				  emissions from emissions events reported.
(B) For regulated entities with emissions
				  that are irregular, cyclic, or have emissions that vary significantly, the
				  baseline emissions may be determined from an average of a consecutive 24-month
				  period as allowed under §
											101.106(b)(2)
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.101 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter apply to all regulated
					 entities that are major stationary sources of volatile organic compounds or
					 nitrogen oxides that are located in the Houston-Galveston-Brazoria one-hour
					 ozone nonattainment area.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.102 - Equivalent Alternative Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Fee
				  Equivalency Account. The executive director shall establish and maintain a Fee
				  Equivalency Account to document fees collected and available for use in
				  demonstrating equivalency with the Area §185 Obligation. No actual money
				  will be deposited into the Fee Equivalency Account. Instead, the Fee
				  Equivalency Account will reflect equivalency credits based upon revenue
				  collected for or under authority of:
(1) the
				  Texas Emissions Reduction Plan program;
(2) the Low-Income Vehicle Repair Assistance,
				  Retrofit, and Accelerated Vehicle Repair Program; and/or
(3) the Local Initiative Project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.104 - Equivalent Alternative Fee Accounting

Current through Reg. 49, No. 28; July 12, 2024
(a) Fee Equivalency Account credits.
				  Equivalency Credits will be on a dollar-for-dollar basis and will not be
				  discounted due to the passage of time. Equivalency Credits can be accumulated
				  in the Fee Equivalency Account from year to year if a surplus exists in any
				  given year and used to offset the calculated Houston-Galveston-Brazoria (HGB)
				  one-hour ozone nonattainment area §185 Obligation as needed.
(b) Area Section 185 obligation
				  determination. Annually, the executive director shall calculate the applicable
				  Failure to Attain Fee Obligation for all major stationary sources in the HGB
				  one-hour ozone standard nonattainment area. The Failure to Attain Fee
				  Obligation for each Section 185 Account will be summed. The resultant amount
				  will represent the calendar year Area §185 Obligation for the HGB one-hour
				  ozone standard nonattainment area. A calendar year's Area §185 Obligation
				  will be calculated using actual emissions reported under §
										101.10
				  of this title (relating to Emissions Inventory Requirements) from the previous
				  calendar year.
(c) Annual
				  demonstration of equivalency. By no later than December 2014 and annually
				  thereafter until the HGB one-hour ozone nonattainment area is no longer subject
				  to the fee by the EPA or the fee is placed into abeyance, the executive
				  director shall complete an equivalency demonstration to determine if adequate
				  equivalency credits were available in the Fee Equivalency Account for the
				  applicable calendar year to meet the Area §185 Obligation calculated under
				  subsection (b) of this section.
(1) The
				  annual determination of equivalency will be made as follows.
Attached
					 Graphic
(2) If
				  the Fee Equivalency Account balance is calculated to be less than or equal to
				  zero in paragraph (1) of this subsection, sufficient equivalency credits were
				  available to offset the fee obligation. The executive director shall not assess
				  a §185 Failure to Attain fee on Section 185 Accounts for the year being
				  assessed.
(3) If the Fee
				  Equivalency Account balance is calculated to be greater than zero in paragraph
				  (1) of this subsection, insufficient equivalency credits were available to
				  offset the fee obligation. The executive director shall assess a sufficient
				  §185 Failure to Attain fee to fulfill the Area §185 Obligation. The
				  amount due from each Section 185 Account will be prorated to generate
				  sufficient revenue to meet the Area §185 Obligation. The proration will be
				  calculated as follows.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.106 - Baseline Amount Calculation

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  the purposes of this subchapter, the baseline amount must be computed as the
				  lower of the following:
(1) total amount of
				  baseline emissions; or
(2) total
				  emissions allowed under authorizations, including authorized emissions from
				  maintenance, shutdown, and startup activities, applicable to the source in the
				  attainment year.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.107 - Aggregated Baseline Amount

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Aggregation. Notwithstanding the requirements of §
										101.106
				  and §
										101.108
				  of this title (relating to Baseline Amount Calculation and Alternative Baseline
				  Amount), a major stationary source of emissions that meets the applicability
				  requirements of §
										101.101
				  of this title (relating to Applicability) after calculating each pollutant's
				  emission baseline amount in accordance with this subchapter may choose to
				  combine:
(1) volatile organic compounds (VOC)
				  emissions into a single aggregated pollutant baseline amount for multiple major
				  stationary sources under common control;
(2) nitrogen oxides (NO) emissions into a
				  single aggregated pollutant baseline amount for multiple major stationary
				  sources under common control;
(3)
				  emissions for both VOC and NO into a single aggregated pollutant baseline
				  amount for a single major stationary source; and/or
(4) emissions for both VOC and NO into a
				  single aggregated pollutant baseline amount for multiple major stationary
				  sources under common control.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.108 - Alternative Baseline Amount

Current through Reg. 49, No. 28; July 12, 2024
(a) Alternative
				  to setting a baseline amount under §
										101.106
				  of this title (relating to Baseline Amount Calculation), an owner or operator
				  of a major stationary source, if qualified, may choose to set an alternative
				  baseline amount under this section.
(1) For
				  purposes of this subchapter, the alternative baseline amount is computed as the
				  lower of the following:
(A) total amount of
				  baseline emissions as calculated under §
												101.106(b)
				  of this title reported in the emissions inventory; or
(B) emissions allowed under authorization. If
				  reported in the emissions inventory prior to or during the attainment year as
				  required under §
												101.10
				  of this title (relating to Emissions Inventory Requirements), total authorized
				  emissions may include the resulting authorized emissions from permit
				  applications in process by the attainment year. The permit application for
				  these unauthorized emissions must have been administratively complete by
				  December 31, 2007, and the permit issued by the adoption date of this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.109 - Adjustment of Baseline Amount

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  or operator of a Section 185 Account may request adjustment of their baseline
				  amount if ownership and operation of emissions units is no longer under common
				  ownership or control. Adjustments to the baseline amount are limited as
				  follows:
(1) The baseline amount, as
				  calculated and reported for all equipment no longer under common ownership or
				  control will be transferred from the original reporting Section 185 Account to
				  the new Section 185 Account without modification to the reported amount;
				  and
(2) Baseline amounts for
				  remaining equipment at a Section 185 Account will not be adjusted based on a
				  change of ownership or control of emissions units to or from a Section 185
				  Account.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.110 - Baseline Amount for New Major Stationary Sources, New Construction at a Major Stationary Source, or Major Stationary Sources with Less Than 24 Months of Operation

Current through Reg. 49, No. 28; July 12, 2024
(a) Baseline
				  amount. A baseline amount may be established for major stationary sources after
				  the attainment date as follows.
(1) If a
				  major stationary source did not meet the applicability requirements in §
											101.101
				  of this title (relating to Applicability) on the attainment date of November
				  15, 2007, a major stationary source may establish a baseline amount based on
				  the first full year of operation in accordance with the requirements of this
				  subchapter.
(2) A major stationary
				  source may include emissions limits from new emissions units authorized after
				  the attainment date in its baseline amount determination if those emissions
				  units were authorized by a nonattainment new source review permit, issued under
				  Chapter 116, Subchapter B, Division 5 of this title (relating to Nonattainment
				  Review Permits).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.113 - Failure to Attain Fee Obligation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pollutant applicability. The total fee obligation must be met for each
				  pollutant, volatile organic compounds (VOC), nitrogen oxides (NO), or both, for
				  which the Section 185 Account meets the requirements of §
										101.101
				  of this title (relating to Applicability) for any year or partial year that the
				  Section 185 Account operated as a major stationary source. Actual VOC or NO
				  emissions may be kept separate or aggregated together. A single pollutant may
				  be aggregated across multiple major stationary sources, or both VOC and NO may
				  be aggregated together across multiple major stationary sources. Aggregation is
				  limited to emissions from:
(1) major
				  stationary sources that aggregated VOC baseline amounts under §
											101.107
				  of this title (relating to Aggregated Baseline Amount);
(2) major stationary sources that aggregated
				  NO baseline amounts under §
											101.107
				  of this title; or
(3) major
				  stationary sources that aggregated VOC with NO baseline amounts under §
											101.107
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.116 - Failure to Attain Fee Payment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Payment. Payment of fees required by this subchapter must be paid by check,
				  certified check, electronic funds transfer, or money order made payable to the
				  Texas Commission on Environmental Quality (TCEQ), and sent to the TCEQ address
				  printed on the billing statement.
(b) When Failure to Attain Fee begins. The
				  first payment of the fee is due and is calculated using the actual emissions
				  from the emissions inventory for the calendar year preceding the adoption date
				  of this section.
(c) First payment
				  date for sources that were not major on the attainment date. The first payment
				  of the fee is due and is calculated using the actual emissions from the
				  emissions inventory for the later of:
(1) the
				  first calendar year the source becomes a major source; or
(2) the calendar year preceding the adoption
				  date of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.117 - Compliance Schedule

Current through Reg. 49, No. 28; July 12, 2024
(a) Baseline amount
				  determination. The owner or operator of each major stationary source meeting
				  the requirements of §
										101.101
				  of this title (relating to Applicability) shall submit to the executive
				  director a report establishing its baseline amount emissions on a form
				  published by the executive director. The Baseline Amount Determination forms
				  for the Houston-Galveston-Brazoria one-hour ozone nonattainment area are due no
				  later than 120 calendar days after the adoption date of this rule.
(b) New major source baseline amount
				  reporting. No later than 90 calendar days following the first full year of
				  operation as a major source, the owner and/or operator of a major stationary
				  source that meets the requirements of §
										101.101
				  of this title shall submit to the executive director a report establishing its
				  baseline amount emissions on a form published by the executive
				  director.
(c) The executive
				  director shall determine a baseline amount for any major stationary source
				  subject to §
										101.101
				  of this title that fails to submit an approvable baseline amount by the due
				  date requested by the commission.
(1) The
				  executive director-determined baseline amount shall be 12.5 tons for volatile
				  organic compounds and 12.5 tons for nitrogen oxides, or, if available, the
				  lower of the baseline emissions reported under §
											101.10
				  of this title (relating to Emissions Inventory Requirements) or authorized for
				  the major stationary source for 2007.
(2) The executive director shall not
				  aggregate baseline amounts under §
											101.107
				  of this title (relating to Aggregated Baseline Amount) in determining a
				  baseline amount under this subsection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 101 - GENERAL AIR QUALITY RULES › Subchapter B - FAILURE TO ATTAIN FEE › Section 101.118 - Cessation of Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The Failure to
				  Attain Fee will continue to apply until one of the following actions is final:
(1) redesignation of the
				  Houston-Galveston-Brazoria one-hour ozone nonattainment area by the United
				  States Environmental Protection Agency (EPA) to attainment;
(2) finding of attainment by the EPA;
				  or
(3) any action or rulemaking by
				  the EPA to end the Failure to Attain fee.