Air Quality Rule Projects

Rule projects proposed for inclusion in the State Implementation Plan for air quality.

This page lists rule projects developed by the Air Quality Division to be included in the Texas State Implementation Plan. This list only includes rule projects considered at commission agenda on or after August 1, 2009. During the rule project proposal and adoption phases, the links for the rule project will direct you to the appropriate Rule Proposals and Adoptions website maintained by the TCEQ Office of Legal Services to download the most current versions of those documents. If a rule is adopted by the commission, copies of the final official Texas Register publications of the proposal and adoption for the rule project will be posted on this website after Texas Register publication of the rule adoption.

(Page last updated: 09/19/2011)

Rule Project Number	Short Title / Description	Schedule	Rule Documents	Rule Project Manager
2011-018-101-EN	Repeal of Chapter 101 System Cap Trading Program Rules and Revisions to Chapter 117 The rulemaking will repeal the System Cap Trading (SCT) program from Chapter 101 and remove references to the SCT program in Chapter 117.	Proposal: 10/5/11	Proposal	Shantha Daniel
2010-016-115-EN	Chapter 115 Volatile Organic Compounds (VOC) Reasonably Available Control Technology (RACT) Rule Revisions: The proposed rules would amend Chapter 115, Subchapter E, Solvent-Using Processes, to implement the EPA's RACT recommendations for eight control technique guidelines VOC emission source categories in the Dallas-Fort Worth and Houston-Galveston-Brazoria areas.	Proposal: 06/08/11	Proposal	Frances Dowiak
2010-025-115-EN	Chapter 115 Volatile Organic Compounds (VOC) Storage Rule Revisions: The proposal would amend Chapter 115, Subchapter B, Division 1, Storage of Volatile Organic Compounds, to require a more stringent level of control for VOC storage in the Dallas-Fort Worth 1997 eight-hour ozone nonattainment area. In addition, the proposed rulemaking would clarify rule requirements and allow for the use of alternative control options for affected owners or operators in certain areas.	Proposal: 06/08/11	Proposal	Bob Gifford
2010-048-117-EN	Chapter 117, Control of Air Pollution from Nitrogen Compounds The proposed rulemaking would amend §117.2110(a)(1)(B)(ii)(I) to expand the emission specification for lean-burn engines fired on landfill gas to include lean-burn engines fired on other biogas at minor sources of nitrogen oxides in the Dallas-Fort Worth 1997 eight-hour ozone nonattainment area.	Proposal: 11/03/10	Proposal	Ray Schubert
2009-036-115-EN	Chapter 115 Volatile Organic Compounds (VOC) Degassing Rule RevisionsThe proposed rulemaking would reformat the existing rule in 30 TAC Chapter 115, Subchapter F, Division 3, Degassing or Cleaning of Stationary, Marine, and Transport Vessels to simplify and clarify existing rule requirements; allow the use of alternative control options to provide additional flexibility; and amend the rule to facilitate enforcement.	Proposal: 07/28/10	Proposal	Eddy Lin
2009-050-017-EN	Tax Relief for Property Used for Environmental Protection rule The proposed amendments would implement the legislative requirements contained in House Bills (HB) 3206 and 3544 (81st Legislature, 2009, Regular Session) to consolidate Tier III and IV applications, require Tier III applications for all property used partially for pollution control, modify the Cost Analysis Procedure, require separate applications for non-integrated pollution control systems, and allow the general counsel to remand appeals back to the executive director without formal action by the commission when the action is requested by the executive director or the public interest counsel	Proposal 06/30/10	Proposal	Emmanuel Wada, PhD.
2009-030-115-EN	Chapter 115 Volatile Organic Compounds (VOC) Fugitive Emission Leak Detection and Repair (LDAR) Alternative Work Practice: The proposed rule would incorporate the recently finalized EPA alternative work practice (AWP) for leak detection and repair (LDAR) or a similar gas imaging technology alternative practice in the general volatile organic compound fugitive emission rules in Chapter 115, Subchapter D, Divisions 2 and 3, and in the HRVOC fugitive emission rules in Subchapter H, Division 3. If adopted, this rule revision would provide for the optional use of gas imaging technologies as an alternative work practice for LDAR under Chapter 115.	Proposal: 12/09/09	Proposal	Robert Gifford
2009-030-115-EN		Adoption: 06/02/10	Adoption	Robert Gifford
2008-019-115-EN	Volatile Organic Compound (VOC) Control Technique Guidelines (CTG) Update: This rulemaking amends 30 TAC Chapter 115, Subchapter E, Division 4, Offset Lithographic Printing, that implements the recommendations issued by the EPA for reasonably available control technology (RACT) purposes.	Proposal: 9/23/09	Proposal	Lindley Anderson
2008-019-115-EN		Adoption: 03/10/10	Adoption	Lindley Anderson
2009-019-101-EN	Mass Emissions Cap and Trade (MECT) Program Cap Integrity for the Houston-Galveston-Brazoria (HGB) Eight-Hour Ozone Nonattainment Area: This rulemaking maintains the NOx cap integrity by revising the rule language under 30 TAC Chapter 101, Subchapter H, Division 3, eliminating the allocation of allowances to any facilities located at sites defined as a major source of NOx that failed to previously participate in the MECT program and have not submitted the required level of activity certification by the applicable deadlines. This rulemaking also revises the definition of “uncontrolled design capacity” as it relates to the applicability of Division 3 of Chapter 101, Subchapter H.	Proposal: 9/23/09	Proposal	Brandon Greulich
2009-019-101-EN		Adoption: 03/10/10	Adoption	Brandon Greulich
2009-006-101-EN	HECT Program Cap Reduction and Allowance Reallocation: The HECT Program Cap Reduction and Allowance Reallocation rulemaking reduces the existing HRVOC allowance cap in Harris County by 25% and revises the allowance allocation methodology to address identified inequities in the current allocation system. This rulemaking also includes updating the general definition section in 101.1, such as updating the definition of volatile organic compounds to the current EPA definition.	Proposal: 9/23/09	Proposal	Jay Tonne
2009-006-101-EN		Adoption: 03/10/10	Adoption	Jay Tonne
2007-054-101-EN	Repeal of the Clean Air Mercury Rule: The rulemaking repeals state Clean Air Mercury Rule requirements that incorporated by reference the federal Clean Air Mercury Rule. The federal Clean Air Mercury Rule was vacated by the courts and is no longer an enforceable federal requirement.	Proposal: 9/9/09	Proposal	Brandon Greulich
2007-054-101-EN		Adoption: 02/10/10	Adoption	Brandon Greulich
2007-053-101-EN	SB 1672: Federal Clean Air Interstate Rule Revision: The rulemaking implements SB 1672, which allows the commission to make federal revisions and the associated rules to the CAIR SIP.	Proposal: 9/9/09	Proposal	Brandon Greulich
2007-053-101-EN		Adoption: 2/10/10	Adoption	Brandon Greulich
2008-032-115-EN	Portable Fuel Container Rule Repeal The proposed rulemaking will repeal the portable fuel container rules in Chapter 115, Subchapter G, Division 2, because the rules are duplicative of a federal portable fuel container rule promulgated in February 2007.	Proposal: 8/26/09	Proposal	Lisa Shuvalov
2008-032-115-EN		Adoption: 2/10/10	Pending	Lisa Shuvalov
2009-023-117-EN	Exemption of Low Temperature Drying and Curing Ovens in the DFW Ozone Nonattainment Area: The proposal will amend sections in Chapter 117 to exempt low temperature drying and curing ovens used in mineral wool-type fiberglass manufacturing and wet-laid, non-woven fiber mat manufacturing in which nitrogen-containing resins or other additives are used.	Proposal: 8/12/09	Proposal	Ray Schubert
2009-023-117-EN		Adoption: 1/13/10	Adopted	Ray Schubert

Rule Project Number
Unique identification number from the rules tracking database for this specific rule project.

Schedule
The agenda dates scheduled for the commission's consideration for proposal or adoption of a rule package. Note that agenda dates will not be posted on this webpage until packages are filed with the Chief Clerk's Office, 19 days before agenda.

Rule Project Manager
Staff assigned as project manager of the specific rulemaking project.

Rule Documents

Pending Proposals: Pending Proposals are staff recommendations that have been filed with the Chief Clerk, but have not yet been voted on by the commissioners.
Proposals: Proposals are rules that have been approved by the commissioners to be published in the Texas Register for public comment.
Pending Adoptions: Pending Adoptions are staff recommendations that have been filed with the Chief Clerk, but have not yet been voted on by the commissioners.
Adoptions: Adoptions are rules that have been adopted by the commissioners and republished as final in the Texas Register.

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