The following items have been placed on the Texas Commission for Environmental Quality (TCEQ) December 14th draft agenda:
· Consideration of the adoption of amendments to Sections 116.13, 116.710, 116.711, 116.715, 116.716, 116.717, 116.718, 116.720, 116.721, 116.730, 116.740, and 116.750 of 30 Texas Administrative Code (TAC) Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the state implementation plan (SIP). The Commission will also consider the adoption of new Section 116.765. The amended sections, with the exception of Sections 116.711(2)(C)(iii), 116.715(f)(2)(A), 116.730, and 116.740(b) will be submitted to EPA as revisions to the SIP. New Section 116.765 will also not be submitted to EPA as a revision to the SIP.
The adoption would revise the flexible air permit rules to address the United States Environmental Protection Agency’s disapproval of the flexible permit program as a SIP revision. The rules would more clearly identify federal permitting requirements; ensure that the flexible permit rules cannot be used to circumvent federal permitting requirements; address monitoring, recordkeeping, and reporting associated with flexible permits; and implement other changes necessary to obtain approval for the flexible permit program. The proposed rules were published in the July 2, 2010, issue of the Texas Register (35 TexReg 5729).
The Commission will also consider a request to the United States Environmental Protection Agency to reconsider previously submitted Sections 116.110(a)(3), 116.714, 116.722, 116.760, and the definition of Modification of Existing Facility, currently located in Section 116.10(9)(F) in 30 TAC Chapter 116, which comprise the remainder of the flexible permit program.
· Consideration of adoption of the repeal of and new Section 106.352 of 30 TAC Chapter 106, Permits by Rule and the issuance of a new non-rule air quality standard permit. Consideration of the withdrawal of the proposed repeal of Section 116.620 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification.
The rulemaking in Chapter 106 and the new air quality standard permit update control requirements based on the latest information on emissions from oil and gas production facilities while providing control flexibility, authorize maintenance, startup, and shutdown operations, and require a single site-wide authorization for oil and gas production facilities. The proposed Chapter 106 and Chapter 116 rule actions and the public notice of the new standard permit were published in the August 13, 2010, issue of the Texas Register (35 TexReg 6937, 6997, 7109, respectively).
The agenda can be viewed at: http://www.tceq.state.tx.us/assets/public/comm_exec/agendas/comm/current/2010/101214.pdf
