Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,913
2821-2988 p. ; 28 cm.View a full description of this periodical.
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protection of public health, general welfare, and physical prop-
erty; 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 commission to develop a general, comprehensive plan for
control of the state's air; 382.016, concerning Monitoring Re-
quirements, Examination of Records, which authorizes the com-
mission to prescribe reasonablerequirements for the measur-
ing and monitoring of emissions of air contaminants; 382.051,
concerning Permitting Authority of Commission Rules, which au-
thorizes the commission to issue permits for the construction of
a new facility or modification of an existing facility; 382.0513,
concerning Perning Permit Conditions, which authorizes the commission
to establish and enforce permit conditions; 382.0515, concern-
ing Application for Permit, which authorizes the commission to
require a permit application with plans and specifications nec-
essary for the commission to determine if the facility will comply
with applicable state and federal regulations and the intent of the
TCAA; 382.0517, concerning Determination of Administrative
Completion of Application, which authorizes the commission to
determine when an application is administratively complete; and
382.0518, concerning Preconstruction Permit, which requires
persons planning the construction or modification of a facility to
obtain a permit from the commission. The new sections are also
proposed under 42 USC, 7410(a)(2)(A), which requires SIPs to
include enforceable emission limitations and other control mea-
sures or techniques, including economic incentives such as fees,
marketable permits, and auction of emission rights.
The proposed new sections implement TWC, 5.103 and
5.105; and TCAA, 382.002, 382.011, 382.012, 382.016,
382.051, 382.0513, 382.0515, 382.0517, and 382.0518.
116.170. ApplicabilityofEmissionReductionsas Offsets.
(a) No reduction maybe used as an offsetunless ithas been certi-
fied as an emission credit under Chapter 101, Subchapter H, Division 1 or
4 ofthis title (relating to Emission Credit Banking and Trading; or Discrete
Emission Credit Banking and Trading), except as provided for in subsec-
tion (c) of this section.
(b) Reductions not yet certified andbanked as an emission credit
must be certified and banked with the executive director by September 1,
2004 in order to be considered for use as an offset.
(c) A future reduction may be used as an offset for a permit pro-
videdthat:
(1) the permit contains special conditions that specify the
date by which the permit holder must submit to the executive director
appropriate and sufficient data to verify that the reduction has occurred
and the reduction is providedby start of operation;
(2) the reduction must be achieved prior to commencement
of the permitted emissions forwhich the offsetis required;
(3) the reduction meets all of the requirements of Chapter
101, Subchapter H, Division 1 or 4 of this title when submitted to the
executive director for review per the requirements of the issued permit;
and
(4) the permit holder agrees to obtain additional offsets ifthe
review by the executive directorindicates the reductions do not satisfy the
original offsetrequirements.
116.172. Emissions Offsets fromRocketEngineFiringand Cleaning.
Emissions increases from rocket engine and motor firing, and cleaning
related to such firing, at an existing or modified major source, shall be
allowed to be offset by alternative or innovative means, provided the
following conditions are met.(1) Anymodificationproposedis solelyforthepurposeofex-
panding the testing of rocket engines or motors at an existing source per-
mitted to test such engines as of November 15, 1990.
(2) The source demonstrates to the satisfaction of the exec-
utive director that it has used all reasonable means to obtain and utilize
offsets, as determined on an annual basis, for the emissions increases
beyond allowable levels, that all available offsets are being used, and that
sufficient offsets are not available to the source.
(3) The source has obtained a written finding from the
Department of Defense, Department of Transportation, National Aero-
nautics and Space Administration, or other appropriate federal agency,
that the testing of rocket motors or engines at the facility is required for a
program essential to the national security.
(4) The source will comply with an alternative measure,
imposed by the executive director, designed to offset any emissions
increases beyond permitted levels not directly offset by the source. In lieu
of imposing any alternative offset measures, the executive director may
impose an emissions fee to be paid, which shall be an amount no greater
than 1.5 times the average cost of stationary source control measures
adopted in that area during the previous three years.
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-200301873
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
SUBCHAPTER D. PERMIT RENEWALS
30 TAC 116.313, 116.315
STATUTORY AUTHORITY
The amendments are proposed under TWC, 5.103, con-
cerning 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, concerning Rules, which authorizes the commission
to adopt rules consistent with the policy and purposes of the
TCAA. The amendments are also proposed under TCAA,
382.002, concerning Policy and Purpose, which establishes
the commission's purpose to safeguard 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 commission to develop a general,
comprehensive plan for control of the state's air; 382.016,
concerning Monitoring Requirements, Examination of Records,
which authorizes the commission to prescribe reasonable
requirements for the measuring and monitoring of emissions of
air contaminants; 382.051, concerning Permitting Authority of
Commission Rules, which authorizes the commission to issue
permits for the construction of a new facility or modification of
an existing facility; 382.0513, concerning Permit Conditions,PROPOSED RULES April 4, 2003 28 TexReg 2913
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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/m1/92/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.