Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,905
2821-2988 p. ; 28 cm.View a full description of this periodical.
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Sources, to those conditions under which the applicant may
withdraw the permit application and receive a refund of the fee
difference.
The proposed amendment of 116.150, New Major Source or
Major Modification in Ozone Nonattainment Areas, would delete
subsection (c) because the time period specified for the appli-
cation of certain exemptions to nitrogen oxides reductions for
sources in the Houston-Galveston and Beaumont-Port Arthur
ozone nonattainment areas has expired.
The proposed new 116.170, Applicability of Emission Reduc-
tions as Offsets, would establish the requirements for the use of
emission reductions as offsets. Most existing reductions must be
certified as an emission credit under Chapter 101 Subchapter
H, Division 1 or 4. Some reductions that will be used internally
may still be certified under Chapter 116. The proposed section
would establish the conditions by which future reductions may be
used as offsets. The permit for the facility must contain special
conditions that specify the date the permit holder must submit
to the executive director appropriate and sufficient data that the
reduction has occurred. The reduction must be achieved prior
to the commencement of the permitted emissions for which the
offset is required. The reduction must meet the requirements of
Chapter 101, and the permit holder agrees to obtain additional
offsets if the executive director determines the reductions do not
satisfy the original offset requirements.
The proposed new 116.172, Emissions Offsets from Rocket En-
gine Firing and Cleaning, would contain the conditions under
which emissions from rocket engine firing or cleaning may be
offset by alternative or innovative means. These requirements
would be transferred to the new section from existing 116.170.
The language would be modified to state that information regard-
ing rocket engine offsets would be submitted to the executive di-
rector instead of the commission.
Subchapter D: Permit Renewals
The proposed amendment to 116.313, Renewal Application
Fees, would correct the commission's address with the correct
zip code.
The proposed amendments to 116.315, Permit Renewal Sub-
mittal, would state that an application for permit renewal must
be submitted at least six months but no earlier than 18 months
prior to the permit expiration date. The commission intends to al-
low sufficient time for preparation and submission of renewals for
permit holders whose permit expires within six months of the po-
tential effective date of these proposed rules. Therefore, this pro-
vision would not become effective until February 1, 2004. With
executive director approval, applications may be submitted be-
fore or after these specified time periods.
Subchapter G: Flexible Permits
The proposed amendments to 116.715, General and Special
Conditions, would remove language concerning voiding of the
permit. The commission proposes to apply the same exten-
sion of construction conditions, as stated in the proposed new
116.120, to flexible permits as would be applied to other NSR
permits.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERN-
MENT
John Davis, Technical Specialist with Strategic Planning and Ap-
propriations, has determined that for the first five-year period the
proposed rules are in effect, there may be fiscal implications,which are not anticipated to be significant, for certain units of
state and local government that own and operate equipment un-
der NSR permit authorizations. Units of state and local govern-
ment that do not own or operate equipment affected by NSR per-
mits would not be affected by the proposed rules. The commis-
sion anticipates the costs for those affected units of government
that have NSR permit applications voided by the commission will
face additional public notice costs between $700 and $4,000 due
to implementation of the proposed rules.
Units of government most likely to be affected by the proposed
rulemaking are municipally-owned electric generating units
(power plants) and landfills along with a small number of
university research facilities. The total number of sites with
existing NSR permits is approximately 8,000, some of which
are owned and operated by units of state and local government.
The commission currently processes approximately 1,200 new
NSR standard permits, 350 NSR permit amendments, and
100 NSR permit renewals annually, a small number of which
are submitted by units of state and local government. Of the
total number of applications processed, approximately 115 are
voided each year by the commission and sent back to the ap-
plicant for further processing. These proposed rules would not
require additional emission controls or new capital expenses,
and would not change existing permit application fee rates.
The proposed rules would require emission reductions to be
used as emission offsets, which is an emission reduction
that is used to compensate for emission increases from new
construction, be certified in the same manner that exists for
emission credits. Additionally, the proposed rules would require
existing emission credits to be certified and banked as offsets
by September 1, 2004, specify conditions under which permit
fees may be refunded, specify a time period for the submission
of permit renewal applications, and specify which fee schedule
will apply to permit renewals.
The proposed rules would also implement updated requirements
for applicants that have NSR permit applications voided by the
commission. The proposed rules would require the commission
to notify an applicant of the voidance and provide specific de-
tails concerning the application deficiencies. An applicant with a
voided NSR permit application would be required to submit a new
application and repeat the public notification process. The costs
for public notice vary significantly depending on the location of
the facility and its proximity to large metropolitan areas. Small
town/city newspapers generally charge much less for publication
of a public notice. The commission estimates a large city news-
paper would charge approximately $3,000 for the display notice
and approximately $450 for the legal notice. A smaller city news-
paper would charge approximately $210 for the display notice
and $20 for the legal notice. The cost for alternative language
publication, if needed, is estimated to be $150. The cost for signs
at affected facilities would cost approximately $300. The total
costs for public notice associated with an NSR permit applica-
tion, renewal, or amendment would range from $700 to $4,000,
assuming alternative language notice is also required.
This proposal would waive application fees for applicants who
have had applications voided and who reapply within six months.
If they do not reapply during that period, the commission would
require the submission of the full application fee. The fee is .3%
of the estimated capital cost of the project starting with the min-
imum fee of $900 and a statutory maximum of $75,000.
Persons who have been issued an NSR permit currently have 18
months to begin construction of the project. A one time 18-monthPROPOSED RULES April 4, 2003 28 TexReg 2905
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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/m1/84/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.