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and revises requirements for once-through cooling systems to allow monitoring at an aggregated location provided that the combined cooling water flow rate at the monitoring location does not exceed 40,000 gallons per minute. For more information, contact Ed Fiesinger at 281.668.7353 or efiesinger @ zephyrenv. com.
state news
Texas to Take Over Permitting of Greenhouse Gases On June 14, Governor Perry signed HB 788 providing the TCEQ with authority to issue GHG air quality permits. With this law, effective immediately upon signature by the Governor, the TCEQ must adopt rules regarding the issuance of permits and the procedures for transition of applications pending with the EPA. The bill also specifies that GHG permits issued by TCEQ will not be subject to requirements relating to contested case hearings. While the TCEQ rulemaking process will take time and require EPA approval, the regulated community has expressed hope that the Texas GHG permitting program will be in place by early 2014. For more information, contact Thomas Sullivan at 512.879.6632 or tsullivan @ zephyrenv. com.
TCEQ Expands List of Diesel Engines Exempt from DFW Nitrogen Oxide Rules On May 2, the TCEQ amended its Part 117 NOx rules to expand the list of engines in the Dallas-Fort Worth ozone nonattainment area that are exempt from these rules to include newer engines that are 1) used exclusively for product testing and personnel training, 2) used for less than 1,000 hours per year, and 3) meet the applicable emission requirements of 40 CFR 89. The rules were also clarified to confirm that the product testing covered by the new exemption was not subject to the time-of-day restrictions for engine reliability testing. For more information, contact Kevin Ellis at 512.879.6647 or kellis @ zephyrenv. com.
TCEQ Adopts Severe Ozone Nonattainment Area Penalty Fee Rule On May 22, the TCEQ adopted rule changes, effective June 13, that implement a penalty fee( commonly known as the Section 185 fee) for failure to attain the ozone standard in a severe nonattainment area by the 2007 statutory deadline. This rule requires major sources of VOC and NOx emissions in severe ozone nonattainment areas to pay a fee for emissions that exceed 80 percent of the baseline emissions for reporting year 2007, and the fees will be assessed on calendar year 2012 emissions. Affected facilities have 120 days from the effective date of the rule changes to submit their baseline inventories to the TCEQ. Adjusted for inflation since 1990, the fee is expected to be in excess of $ 8,000 per ton. The adopted rule allows for the TCEQ to take into account emission reductions resulting from various mobile source programs that will, if approved, reduce the amount affected facilities will have to pay. The only sources affected by these rule changes are those in the Houston-Galveston-Brazoria area. For more information, contact Ed Fiesinger at 281.668.7353 or efiesinger @ zephyrenv. com.
TCEQ Invites Comments on Acetone, Acrylonitrile, and Methanol Effects Screening Levels In May, the TCEQ proposed to lower the short-term effects screening levels( ESLs)— screening concentrations used by the TCEQ primarily to evaluate air quality impacts of air toxics in the air permitting context— for acetone and methanol and the long-term ESL for acrylonitrile, while increasing the short-term acrylonitrile and long-term acetone and methanol ESLs. The decrease in the proposed long-term acrylonitrile ESL will trigger the need to conduct long-term impact evaluations in air permit application reviews involving this chemical because the proposed annual ESL is less than 10 percent of the short-term ESL. TCEQ is accepting public comments on the proposed ESL changes until August 16, 2013. For more information, contact Lucy Fraiser at 512.879.6652 or lfraiser @ zephyrenv. com. Z
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