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February 8, 2012: TCEQ Adopts Rule on MACT Standards That Also Modifies Hearing Procedures

About 30 TAC 116.128, concerning implementation of the EPA’s maximum achievable control technology for utilities, and modifying procedures for hearings on contested cases.

The new section 116.128 of Title 30, Texas Administrative Code, requires that a request for a contested case hearing be made no later than 30 days from issuance of the draft permit. It also limits the issues that may be considered at a contested case hearing to whether the choice of control technology approved in the draft permit is the maximum achievable control technology required under section 112 of the Federal Clean Air Act. The section also requires the TCEQ to issue a draft permit no later than 45 days after the application is determined to be both administratively and technically complete. Because the schedule for acting on these applications is significantly shorter than that followed for applications not subject to this new section, the TCEQ encourages applicants to contact the Air Permits Division before submitting any application to ensure that it contains all the information necessary so that it may be acted on immediately.

The application must include the following:

  • An analysis of best available control technology
  • An analysis of the chosen control technology to meet the MACT standard
  • An identification of any collateral emissions resulting from the installation of the chosen control technology
  • A computation of the amount and an analysis of the effect of any collateral emission increases associated with the installation of the controls

Additional information necessary to process the application timely includes:

  • Identification of all newspapers that will be used (English and any alternative languages if applicable) and potential future publication dates
  • A confirmation that one or more signs in all required languages for public notice will be developed upon the TCEQ’s issuance of a draft permit and public notice
  • The location choices for a public viewing place where the application will be available during the duration of the permitting process
  • The potential locations to hold a public meeting
  • A verification that no delinquent fees and penalties are owed to TCEQ. If fees or penalties were owed, please supply a proof of payment to the TCEQ

The application and fee payment should be delivered directly to the Coatings and Combustion Section of the Air Permits Division.

Though not a rule requirement, the APD encourages applicants to include with the application a draft of the public notice to be published.

This section implements portions of House Bill 2694, 82nd Texas Legislature and becomes effective on March 1, 2012. The adopted section applies to permit amendment applications for electric generating facilities to comply with new maximum achievable control technology standards for electric utilities. The U.S. EPA promulgated the MACT on December 21, 2011.

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