HUSTON

MARQUEZ

WHITE


NEW BUSINESS AGENDA


Friday, December 13, 2002


Texas Commission on Environmental Quality


9:30 a.m.

Room 201S, Building E

12100 Park 35 Circle


Public comment will be accepted on issues number 1 through 5.

 

1.         Consideration to approve the final Implementation Plan for two TMDLs for phosphorus in the North Bosque River Watershed. Chuck Mueller, Strategic Assessment Division, Larry Koenig, TMDL Section, and Michael Hughes, OLS, presented this issue. The Commission approved the Implementation Plan as proposed.


Approved: RH, RM, All agree.

 

2.         Docket No. 2002-0687-SIP. Consideration of adoption of a revision to the state implementation plan (SIP) concerning the attainment demonstration for the Houston/Galveston (HGA) ozone nonattainment area. The SIP includes a revision to the industrial, commercial, and institutional source control requirements which are already included within the federally approved SIP for the HGA area. The SIP also includes the development of the energy efficiency program and the protocol for the Texas Emissions Reduction Program through the United States Environmental Protection Agency’s Economic Incentive Program. (Kelly Keel, Alan Henderson) (Rule Log Numbers 2002-046-SIP-AI and 2002-046c-SIP-AI) Chuck Mueller, Strategic Assessment Division, Cory Chism, OPPR, and Eddie Mack, SIP Development presented this issue. The Commission approved the revisions to the SIP as proposed and with modifications made during the discussion.


Approved: RH, RM, All agree.

 

3.         Docket No. 2002-0688-RUL. Consideration of adoption of the following amendments (including amended, new, and repealed sections) to Subchapter A, Definitions; Subchapter B, Combustion at Major Sources; Subchapter C, Acid Manufacturing; Subchapter D, Small Combustion Sources; and Subchapter E, Administrative Provisions; of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds; and corresponding revisions to the state implementation plan (SIP).

 

Subchapter A: Amended Section 117.10, Definitions

 

Subchapter B: Amended Division 1, Utility Electric Generation in Ozone Nonattainment Areas; Amended Division 2, Utility Electric Generation in East and Central Texas; and Amended Division 3, Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas

 

Subchapter C: Amended Division 1, Adipic Acid Manufacturing; and Division 2, Nitric Acid Manufacturing - Ozone Nonattainment Areas

 

Subchapter D: Amended Division 1, Water Heaters, Small Boilers, and Process Heaters; and Amended Division 2, Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources

 

Subchapter E: Amended Sections 117.510, 117.512, 117.520, and 117.534; and Repealed Sections 117.540, and 117.560

 

These amendments to Chapter 117 include, among other changes, revisions to the industrial, commercial, and institutional source control requirements which are already included within the federally approved SIP for the Houston/Galveston ozone nonattainment area. If adopted, these amendments would change the amount of nitrogen oxides (NOx) emission reductions required from certain point sources. The amendments also reorganize and modify existing portions of the Chapter 117 rules which apply to sources of NOx in the Beaumont/Port Arthur and Dallas/Fort Worth ozone nonattainment areas, as well as to electric generating facilities located in Palo Pinto County and 31 attainment counties of east and central Texas, in order to improve implementation of the existing Chapter 117. In addition, the amendments add ammonia emission specifications for electric generating facilities located in 31 attainment counties of east and central Texas. Consideration of adoption of new Sections 117.151 and 117.481, and amended Sections 117.106(d), 117.121, 117.135(2), 117.206(e), 117.221, and 117.475(i) does not include these as revisions to the SIP. The proposed rules were published in the June 21, 2002 issue of the Texas Register (27 TexReg 5454). (Eddie Mack, Alan Henderson) (Rule Log Number 2002-038-117-AI) Chuck Mueller, Strategic Assessment Division, Cory Chism, OPPR, and Eddie Mack, SIP Development presented this issue. The Commission approved adoption of the amendments as proposed.


Approved: RH, RM, All Agree.

 

4.         Docket No. 2002-0685-RUL. Consideration of adoption of amendments (including new and amended sections) to Subchapter A, Definitions; Subchapter B, General Volatile Organic Compound Sources; Subchapter C, Volatile Organic Compound Transfer Operations; Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes; Subchapter E, Solvent-Using Processes; and new Subchapter H, Highly-Reactive Volatile Organic Compounds; of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds; and corresponding revisions to the state implementation plan (SIP).

 

These amendments to Chapter 115 include revisions to the source control requirements which are already included within the federally approved SIP for the Houston/Galveston (HGA) ozone nonattainment area. The amendments also reorganize and modify existing portions of the Chapter 115 rules which apply in the Beaumont/Port Arthur, Dallas/Fort Worth, and El Paso ozone nonattainment areas, as well as in 95 attainment counties located in east and central Texas, in order to improve implementation of the existing Chapter 115. The proposed rules were published in the June 21, 2002 issue of the Texas Register (27 TexReg 5394). Section 115.741 of the proposed rules was withdrawn in the July 12, 2002 issue of the Texas Register (27 TexReg 6285) and reproposed in the same issue (27 TexReg 6208). (Eddie Mack, Mike Magee, Alan Henderson) (Rule Log Number 2002-046b-115-AI) Chuck Mueller, Strategic Assessment Division, Cory Chism, OPPR, and Eddie Mack, SIP Development presented this issue. The Commission approved adoption of the amendments as proposed and with modifications made during the discussion.


Approved: RH, RM, All Agree.

 

5.          Docket No. 2002-0686-RUL. Consideration of adoption of amendments (which include new, repealed, and amended sections) to Subchapter H, Emissions Banking and Trading, of 30 TAC Chapter 101, General Air Quality Rules; and corresponding revisions to the state implementation plan.

 

These amendments to Chapter 101 include, along with minor rule changes and clarifications, revisions: to reorganize the emissions banking and trading rule structure in a parallel manner which follows a logical process of recognizing, quantifying, and certifying reductions as credit while clearly explaining the guidelines for trading and using creditable reductions; to address concerns raised by the United States Environmental Protection Agency (EPA) regarding the quantification protocols as outlined in EPA guidance titled, Improving Air Quality with Economic Incentive Plans; to expand the applicability of the mass emission cap and trade program to include all major sources; and to modify formulas regarding certain emission specifications for attainment demonstrations. The proposed rules were published in the June 21, 2002 issue of the Texas Register (27 TexReg 5369). (Beecher Cameron, Cory Chism, Alan Henderson) (Rule Log Number 2002-044-101-AI) Chuck Mueller, Strategic Assessment Division, Cory Chism, OPPR, and Eddie Mack, SIP Development presented this issue. The Commission approved adoption of the amendments as proposed and with modifications made during the discussion.


Approved: RH, RM, All Agree.

 

6.          Planning for the next Commissioners’ Work Session. The next work session is scheduled for January 10, 2003. New issues for discussion are Water Rights, Small Business Annual Enforcement Report, Legislative Budget Board recommendations, as well as the standing issues.