Outdated 30 TAC 117 Rule Change, June 10, 1998
Permanent Rule AdoptionPreface to Outdated Chapter 117 (Regulation VII) Subchapters B - E
1. Purpose. This change transmittal provides the page(s) that reflect changes and additions to the Texas Natural Resource Conservation Commission (commission) Volume of Permanent Rules.
2. Explanation of Change. On May 20, 1998, the commission adopted amendments to § 117.105, concerning Emission Specifications, § 117.113, concerning Continuous Demonstration of Compliance, § 117.205, concerning Emission Specifications, § 117.211, concerning Initial Demonstration of Compliance, § 117.213, concerning Continuous Demonstration of Compliance, § 117.451, concerning Applicability, § 117.510, concerning Compliance Schedule for Utility Electric Generation, § 117.520, concerning Compliance Schedule For Commercial, Institutional, and Industrial Combustion Sources, § 117.530, concerning Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing Sources, § 117.540, concerning Phased Reasonably Available Control Technology (RACT), and § 117.601, concerning Gas-Fired Steam Generation.
Sections 117.105, 117.113, 117.213, 117.451, 117.510, 117.520, 117.530, 117.540, and 117.601 are adopted with changes to the proposed text as published in the January 9, 1998, issue of the Texas Register (23 TexReg 319). Sections 117.205 and 117.211 are adopted without changes and will not be republished.
3. Effect of Change. The Federal Clean Air Act (FCAA), § 182(f), specifies that required measures for major sources of volatile organic compounds (VOCs) must also be applied to major sources of nitrogen oxides (NOx) in ozone nonattainment areas, unless a demonstration is made that NOx reductions would not contribute to attainment of the ozone standard. One of the measures for existing major sources of VOCs is implementation of reasonably available control technology (RACT) in moderate, serious, and severe ozone nonattainment areas, required by § 182(b)(2), (c), and (d). On April 9, 1993, the Texas Air Control Board adopted revisions to Chapter 117 implementing the federal § 182(f) NOx requirements in the Houston/Galveston (HGA) and Beaumont/Port Arthur (BPA) ozone nonattainment areas.
On April 12, 1995, the United States Environmental Protection Agency (EPA) approved under § 182(f) a temporary exemption from the federally required NOx RACT measures in HGA and BPA. The EPA's approval was based on the state's preliminary demonstration, using Urban Airshed Model (UAM) modeling, that NOx reductions in HGA and BPA would not lower ozone levels. The temporary exemption allowed more time to conduct UAM modeling, using data from the Coastal Oxidant Assessment for Southeast Texas (COAST), an intensive 1993 field study. These UAM results were judged critical in determining whether, and to what extent, NOx reductions are needed to attain the ozone standard. The EPA specified that the temporary § 182(f) exemption would expire on December 31, 1996. On May 23, 1997, the EPA extended the exemption to December 31, 1997. This additional year allowed the commission to accommodate improvements in the UAM, using COAST data, and to better substantiate whether NOx emission reductions would be required.
In the Fall of 1997, the commission staff completed the COAST modeling analysis of the airshed of the upper Texas Gulf Coast. The study indicated that NOx reductions are a necessary step toward the area's attaining the federal air quality standard for ozone. Because of the modeling and the rate-of-progress (ROP) requirement under the FCAA, § 182(c)(2), which requires continuing steady reductions of the pollutants that contribute to ozone smog, on November 24, 1997, the commission determined not to seek further federal waivers from the NOx reduction requirements of the FCAA for HGA and BPA.
Chapter 117 remained effective during this period of federal exemption. The final compliance date was extended twice, first to May 31, 1997, then to May 31, 1999. Therefore, after the expiration of the temporary federal exemption on December 31, 1997, no additional rulemaking was required to make the NOx RACT requirements of Chapter 117 fully effective.
This rulemaking smooths the transition to an ozone control strategy for HGA and BPA which includes NOx reduction. The amendments extend the final compliance date of the Chapter 117 NOx RACT requirements from May 31, 1999 to November 15, 1999. The extension provides approximately a two-year period to implement NOx reductions, from the November 24, 1997, date that the commission decided to implement a NOx-based strategy. A two-year period is necessary for industry to purchase, install, and test the emission control equipment and monitoring systems required by Chapter 117.
The other changes to smooth the implementation of the Chapter 117 RACT requirements eliminate the requirement to monitor carbon monoxide (CO) continuously for certain units. While CO emissions in some cases may increase as a result of NOx abatement, checking CO emissions periodically will also be an effective, but less expensive, means of avoiding problems with excessive CO.
The adopted revision to § 117.105(j) adjusts the compliance averaging period for CO for any electric utility unit which does not use continuous emissions monitors (CEMS) or predictive emissions monitors (PEMS) for CO. The amendments to this subsection also revise the compliance period to an hourly period, necessary for these units since compliance must be determined by manual stack sampling methods. Twenty-four hours of continuous manual sampling is impractical.
The adopted new § 117.113(k) adds an option to conduct periodic sampling of CO instead of using CEMS or PEMS for CO for electric utility units. In addition to the initial compliance demonstration for CO, indicator of compliance sampling for CO with a hand-held analyzer is required following certain manual combustion tuning or burner adjustments. This procedure will identify any excessive emission that could occur as a result of an effort to minimize NOx emissions. In addition, the acid rain monitoring rules require an annual stack test (relative accuracy test audit) for NOx emissions. The concurrent test of CO emissions during this audit will not add to expense and will confirm compliance with the CO limit on a periodic basis.
The adopted revisions to § 117.205(e) and § 117.211(f)(3) add the option of a 24-hour compliance averaging period for CO for any industrial unit which uses a CEMS or PEMS for CO. A 24-hour compliance period, which is practical for units which use CEMS or PEMS, is somewhat easier to comply with than an hourly period. The adopted revision creates an incentive to use CEMS or PEMS for CO.
The adoption of new § 117.213(l) adds an option to conduct periodic sampling of CO from industrial units instead of using CEMS or PEMS for CO. In addition to the initial compliance demonstration for CO, indicator of compliance sampling for CO with a hand-held analyzer is required following certain manual combustion tuning or burner adjustments. This procedure will identify any excessive emission that could occur as a result of an effort to minimize NOx emissions. A concurrent test of CO emissions during the annual relative accuracy test audit will confirm compliance on a periodic basis.
The adopted amendments to § § 117.451, 117.510, 117.520, 117.530, 117.540, and 117.601 extend the final compliance date to November 15, 1999. As previously discussed in this preamble, this extension creates roughly a two-year implementation period, which industry needs. This period is consistent with the original two-year implementation time for the rules and will serve to minimize the use of the case-specific phased RACT provisions of § 117.540. The adopted revisions to § 117.510(5) and § 117.520(4) will consistently extend to January 15, 2000, the submittal date for 30-day rolling average compliance data from CEMS or PEMS. Various other dates in § 117.540 have also been consistently revised.
The commission notes that the adopted final compliance date of November 15, 1999, is 15 days earlier than the compliance date proposed in the January 9, 1998, Texas Register. This change was made to assure that the emission reductions will be fully creditable toward 1999 ROP requirements under the FCAA, § 182(c)(2). The FCAA, § 182(c)(2)(B), requires the 1999 ROP reductions to occur by November 15, 1999.
Questions? We Can Help
If you have questions contact us.