A full agenda will be taken up during the February 9, 2011 Commissioner’s meeting of the Texas Commission on Environmental Quality (TCEQ). Below is spotlight on some of the items that are on the agenda.
Spotlight on Agenda Items:
- Consideration of the issuance of the Air Quality Standard Permit for Pollution Control Projects, as authorized under Texas Health and Safety Code (THSC) Sections 382.05195 and 382.057, and 30 Texas Admin. Code (TAC) Chapter 116, Subchapter F, Standard Permits. The new standard permit would be used to authorize pollution control projects undertaken voluntarily or as required by any federal or state statute or rule that reduce or maintain currently authorized air emission limits for facilities authorized by a New Source Review permit under Chapter 116, a standard permit adopted under Chapter 116, Subchapter F, or Permits by Rule adopted under 30 TAC Chapter 106. Notice of the proposed standard permit was published in the August 27, 2010, issue of the Texas Register (35 TexReg 7928) and in newspapers of general circulation in Austin, Dallas and Houston, Texas on August 27, 2010. The standard permit will be effective February 9, 2011.
- Consideration of the adoption of amendments to Sections 116.12, 116.115, 116.180, 116.182, 116.186, 116.188, 116.190, 116.192, 116.601, and 116.617; new Section 116.127; and the repeal of Section 116.121 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification and corresponding revisions to the state implementation plan (SIP). The revisions to the SIP would also include the withdrawal from United States Environmental Protection Agency (EPA) consideration as revisions to the SIP of Sections 116.121, 116.400, 116.402, 116.404 and 116.406 as adopted by the Commission on January 11, 2006, effective on February 1, 2006. The adoption would address issues identified by the EPA in its September 15, 2010, final disapproval notice. Specifically, those concern definitions related to and other changes to the Plant-Wide Applicability Limit (PAL) rules to meet federal requirements, including the conditions for reopening PAL permits. The rulemaking would also amend the standard permit rule for Pollution Control Projects. The rulemaking would also include removing obsolete references and making non-substantive administrative changes. The proposed rules were published in the August 27, 2010, issue of the Texas Register (35 TexReg 7698).
- Consideration of the adoption of amendments to Section 101.1 of 30 TAC Chapter 101, General Air Quality Rules, and Section 116.12 and Section 116.150 of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the state implementation plan. The adoption would amend definitions in Chapter 101 to remove language regarding specific maintenance and nonattainment areas. Additionally, the adopted rulemaking would amend Chapter 116 to remove language indicating that the one-hour thresholds and offsets are not effective unless the United States Environmental Protection Agency (EPA) promulgates rules. The adopted rulemaking would also amend Chapter 116 to add a requirement for continued applicability of nonattainment New Source Review until the EPA approves its removal for areas attaining the ozone national ambient air quality standard. In addition, the adopted rules address issues identified by the EPA in its September 15, 2010, final disapproval notice. The proposed rules were published in the August 27, 2010, issue of the Texas Register (35 TexReg 7676).
