Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,912
2821-2988 p. ; 28 cm.View a full description of this periodical.
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concerning Preconstruction Permit, which requires persons
planning the construction or modification of a facility to obtain
a permit from the commission.
The proposed amendment implements TWC, 5.103 and
5.105; and TCAA, 382.002, 382.011, 382.012, 382.016,
382.051, 382.0513, 382.0515, 382.0517, 382.0518, and
382.061.
116.150. New Major Source or Major Modification in Ozone Nonat-
tainment Areas.
(a) - (b) (No change.)
&) Fr sources loc aed in the Houston,/Galveston ( A
ozone nonttainme area C(Brazoria, mehr Frt nGaleton
ar liberty, Mentg . and Wale unties er the a-
mont/Port- Ar thur (A) "zne nonattainment ara(Iardin J efferson;
and Orange counties), the following shall apply to NO emissions
{4 Fo ermit. r applications in review after Ari
and declared administratively .emplete n .r before December 34
1997-"]
[(A) Subseetion{a)(',- (2,and(4)efthis seetiondont
axpply.d
f() The requirements of subsection (a)(3) of this see-
tion applyand shall bemadesapartef the source's permit . Howeverthe
requirements shall be held in abeyance for a period ending no sooner
than January 4 1998& The Commission may on or after January 41
1948 and after making the determinations described in paragraph (2)
of this sbetion require the source to implement the permit require-
ments imposed pursuant to the requirements of "subsection (a)(3) -of this
section If the Commission requires imementation, the source shall
obtain the NO offsets as specified in subeetion (a)(3) ef this section
ne later than January 4 2000.]
) Documentation ofproposedinereasesofNO equal
to or greater than 40 tens per year as well as documentation of netting
calculations for these increase, shall be submitted.]
[(D) A souree otherwise subject to the requirements of
subseetion (at4e) - (4) of this section may, at its optn comply with
any of those requirements.
(2) The emmission has reviewed the results of the -
ban Airshed Model for the GA and BPA ozone nonattainment areas,
using data from the Coastal Oxidant Assessment for Southeast Texas
atudh in accordance with the United States Envionmental Proteetion
Agency document "Guideline for Determining the Applicability ef Ni-
trogen Oxides Requirements under Section r182(f" (December 191
The commission has determined that additional NO reductions in the
GA and BPA nonattainrient areas wil ontribute to attainment of the
National Ambient Air Quality Standards for ozone. The commission
will notify sources which have permit requirements in abeyance pur-
suant to paragraph ( -{ f this ubsction,; that the period ef abeyance
has ended. The source shall obtain the NO offsets as seized in sub-
.setion (a)(3) ,f this section no later than January 4 2000.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301871Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 239-5017
DIVISION 7. EMISSION REDUCTIONS:
OFFSETS
30 TAC 116.170
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Texas Commission on Environmental Quality or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
STATUTORY AUTHORITY
The repeal is proposed under TWC, 5.103, concerning Rules,
and 5.105, concerning General Policy, which authorize the
commission to adopt rules necessary to carry out its powers
and duties under the TWC; and under TCAA, 382.017, con-
cerning Rules, which authorizes the commission to adopt rules
consistent with the policy and purposes of the TCAA. The repeal
is also proposed under TCAA, 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; and
382.012, concerning State Air Control Plan, which authorizes
the commission to develop a general, comprehensive plan for
control of the state's air.
The proposed repeal implements TWC, 5.103 and 5.105; and
TCAA, 382.002, 382.011, and 382.012.
116.170. Applicability for Reduction Credits.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301872
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 239-5017
30 TAC 116.170, 116.172
STATUTORY AUTHORITY
The new sections are proposed under TWC, 5.103, concerning
Rules, and 5.105, concerning General Policy, which authorize
the commission to adopt rules necessary to carry out its powers
and duties under the TWC; and under TCAA, 382.017, con-
cerning Rules, which authorizes the commission to adopt rules
consistent with the policy and purposes of the TCAA. The new
sections are also proposed under TCAA, 382.002, concerning
Policy and Purpose, which establishes the commission's pur-
pose to safeguard the state's air resources, consistent with the28 TexReg 2912 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/m1/91/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.