On February 23, 2011 the Texas Commission on Environmental Quality (TCEQ) will meet at 9:30am. The agenda can be viewed at: http://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/current/2011/110223.pdf
Agenda Items under Miscellaneous and Rule Matters:
- Docket No. 2010-1983-MIS – Consideration of the withdrawal from the United States Environmental Protection Agency of 30 Texas Administrative Code (TAC) Chapter 101, Subchapter H, Division 5, Sections 101.380, 101.382, 101.383, and 101.385, as adopted on March 21, 2001, and amendments to Sections 101.383 and 101.385, as adopted on July 25, 2007, as revisions to the state implementation plan. These sections concern the System Cap Trading Program applicable to facilities with system cap emission limits specified in 30 TAC Chapter 117.
- Docket No. 2010-0380-RUL
Consideration for adoption of amendments to Sections 334.42, 334.45, 334.49, and 334.50; and a new Subchapter N, Sections 334.601 – 334.606 of 30 TAC Chapter 334, Underground and Aboveground Storage Tanks. The new Subchapter N would incorporate the Underground Storage Tank (UST) facility operator training requirements for on-site operation and maintenance of UST systems as established in federal law. The amendments apply to Subchapter C of existing rules and amend various existing technical UST requirements to: provide a more specific description of which existing and new sumps and manways need to be inspected, monitored or tested and kept free of liquid or debris; increase the amount of time allowed for the removal of liquid and debris from sumps and manways from 72 to 96 hours; increase the amount of existing underground line which can be replaced without having to secondarily contain it from 20% to 35%; limit the maximum amount of existing underground line which must be secondarily contained during replacement; clearly specify that submerged metal components such as submersible pump housings which are in contact with water must be protected from corrosion by means other than just coating or wrapping them; and eliminate the requirement for large airports which use extensive fuel hydrant systems to comply with automatic line leak detection requirements because there are no practical methodologies available which will provide this function. The proposed rules were published in the October 1, 2010 issue of the Texas Register (35 TexReg 8880).
Consideration for the adoption of the repeal and withdrawal from EPA consideration as a revision to the SIP of Section 116.118 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. Section 116.118 applied to facilities exempted from air permitting under the Texas Clean Air Act. This exemption has expired, and the section no longer has an application under the air permitting rules of the Commission. The proposed rules were published in the October 15, 2010 issue of the Texas Register (35 TexReg 9215).
Consideration for publication of, and hearing on, amended Section 101.27 of 30 TAC Chapter 101, General Air Quality Rules. The proposed rule amendment would increase a base rate from $25 per ton to $35 per ton in the emissions fee calculation for Fiscal Year 2012 and allow annual adjustments of the base rate, as required for adequate fee revenue up to a predetermined cap of $45 per ton. The proposal will collect an additional $9 million in fees for Fiscal Year 2012 in order to cover Title V costs. The Commission collects annual fees from sources that are subject to the permitting requirements of the 1990 Federal Clean Air Act Amendments as required by Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), Section 382.0621, Operating Permit Fee. THSC, Section 382.0621 states the Commission shall collect an annual fee based on emissions for each source that is subject to FCAA, Title V.
