Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,900
2821-2988 p. ; 28 cm.View a full description of this periodical.
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reasonable requirements for measuring and monitoring the
emissions of air contaminants; 382.017, which authorizes
the commission to adopt rules consistent with the policy and
purposes of the TCAA; and 382.051, which authorizes the
commission to adopt rules as necessary to comply with changes
in federal law or regulations applicable to air permits.
TAKINGS IMPACT ASSESSMENT
The commission prepared a preliminary takings impact as-
sessment for this proposal under Texas Government Code,
2007.043. The specific purpose of this rulemaking is to facili-
tate implementation and enforcement of the MACT standards
by the state. This rulemaking will not create any additional
burden on private real property. Under federal law, the affected
industries will be required to implement these MACT standards
regardless of whether the commission or EPA is the agency
responsible for implementation of the standards.
CONSISTENCY WITH THE COASTAL MANAGEMENT PRO-
GRAM
The commission determined that the proposed rulemaking is
subject to the Texas Coastal Management Program (CMP) in
accordance with the Coastal Coordination Act of 1991, as re-
vised (Texas Natural Resources Code, 33.201 et seq.), and
the commission's rules in 30 TAC Chapter 281, Subchapter B,
concerning Consistency with the Coastal Management Program.
As required by 31 TAC 505.11(b)(2), relating to rules subject
to the CMP, commission rules governing air pollutant emissions
must be consistent with the applicable goals and policies of the
CMP. The commission reviewed this proposed action for con-
sistency with the CMP goals and policies in accordance with
the rules of the Coastal Coordination Council, and determined
that the proposed action is consistent with the applicable CMP
goals and policies. This proposed rulemaking is consistent with
the goal expressed in 31 TAC 501.12(1) of protecting and pre-
serving the quality and value of coastal natural resource areas.
The CMP policy applicable to this rulemaking action is the pol-
icy that commission rules comply with regulations in 40 CFR
to protect and enhance air quality in the coastal area (31 TAC
501.14(q)). This proposal will incorporate by reference, 18 new
and 34 amended federal MACT subparts contained in 40 CFR
63 and is, therefore, consistent with this policy. Interested per-
sons may submit comments on the consistency of the proposed
rules with the CMP during the public comment period.
PUBLIC HEARING
A public hearing on this proposal will be held in Austin on April
28, 2003 at 10:00 a.m. in Building F, Room 2210 of the com-
mission's central office, located at 12100 Park 35 Circle, Austin,
Texas. The hearing is structured for the receipt of oral or written
comments by interested persons. Individuals may present oral
statements when called upon in order of registration. Open dis-
cussion will not occur during the hearing; however, an agency
staff member will be available to discuss the proposal 30 min-
utes prior to the hearing and will answer questions before and
after the hearing.
Persons with disabilities who have special communication
or other accommodation needs who are planning to attend
the hearings should contact the agency at (512) 239-4900.
Requests should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, Office of Envi-
ronmental Policy, Analysis, and Assessment, MC 205, P.O. Box13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808.
All comments should reference Rule Log Number 2002-036a-
113-Al. Comments must be received by 5:00 p.m., May 5, 2003.
For further information or questions concerning this proposal,
contact Keith Sheedy, Office of Compliance and Enforcement at
(512) 239-1556 or Alan Henderson, Office of Environmental Pol-
icy, Analysis, and Assessment at (512) 239-1510.
STATUTORY AUTHORITY
The new and amended sections are proposed under Texas Wa-
ter Code (TWC), 5.103, concerning Rules, and 5.105, con-
cerning General Policy, which authorize the commission to adopt
rules necessary to carry out its powers and duties under the
TWC; and under THSC, 382.017, concerning Rules, which au-
thorizes the commission to adopt rules consistent with the policy
and purposes of the TCAA. The new and amended sections are
also proposed under THSC, 382.002, concerning Policy and
Purpose, which establishes the commission's purpose to safe-
guard the state's air resources, consistent with the protection of
public health, general welfare, and physical property; 382.011,
concerning General Powers and Duties, which authorizes the
commission to control the quality of the state's air; 382.012,
concerning State Air Control Plan, which authorizes the com-
mission to prepare and develop a general, comprehensive plan
for the proper control of the state's air; 382.016, concerning
Monitoring Requirements: Examination of Records, which au-
thorizes the commission to prescribe reasonable requirements
for measuring and monitoring the emissions of air contaminants;
and 382.051, concerning Permitting Authority of the Commis-
sion: Rules, which authorizes the commission to adopt rules as
necessary to comply with changes in federal law or regulations
applicable to permits issued under the TCAA.
These proposed new and amended sections implement THSC,
382.002, 382.011, 382.012, 382.016, 382.017, and 382.051.
113.110. Synthetic Organic Chemical Manufacturing Industry (40
CFR 63, Subpart F).
The Synthetic Organic Chemical Manufacturing Industry Maximum
Achievable Control Technology standard as specified in 40 Code of
Federal Regulations Part 63, Subpart F, is incorporated by reference as
amended through January 22, 2001 (66 FR 6922) [April 264 1999, at
64 FedReg 20189].
113.120. Synthetic Organic Chemical Manufacturing Industry for
Process Vents, Storage Vessels, Transfer Operations, and Wastewater
(40 CFR 63, Subpart G).
The Synthetic Organic Chemical Manufacturing Industry for Process
Vents, Storage Vessels, Transfer Operations, and Wastewater Maxi-
mum Achievable Control Technology standard as specified in 40 Code
of Federal Regulations Part 63, Subpart G, is incorporated by reference
as amended through January 22, 2001 (66 FR 6922) [Apri 4l 999,
at 64 FedReg 20189].
113.130. Organic Hazardous Air Pollutants for Equipment Leaks
(40 CFR 63, Subpart H).
The Organic Hazardous Air Pollutants for Equipment Leaks Maximum
Achievable Control Technology standard as specified in 40 Code of
Federal Regulations Part 63, Subpart H, is incorporated by reference
as amended through January 22, 2001 (66 FR 6922) [April 2 4-4)
at 64 FedReg 2089].
113.150. Polyvinyl Chloride and Copolymers Production (40 CFR
63, Subpart J).
The Polyvinyl Chloride and Copolymers Production Maximum
Achievable Control Technology standard as specified in 40 Code of28 TexReg 2900 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/79/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.