Proposals

Severe Ozone Nonattainment Area Failure to Attain Fee
The proposed rulemaking would implement the provisions of the Federal Clean Air Act (FCAA), Sections 182(d)(3) and (e) and 185, which require each SIP for ozone nonattainment areas classified as severe or extreme to include a requirement for the imposition of a penalty fee for major stationary sources of volatile organic compounds (VOC) located in the area if the area fails to attain the ozone National Ambient Air Quality Standard (NAAQS or standard) by the applicable attainment date. The rulemaking will also implement Section 182(f), which requires all SIP requirements that apply for VOC to also apply for emissions of nitrogen oxides (NOX). The Houston-Galveston-Brazoria (HGB) area was classified as severe for both the one-hour ozone NAAQS and the 1997 eight-hour ozone NAAQS. The rulemaking will also provide for alternative options for the fee obligation and baseline amount calculations. Major stationary sources are subject to paying a fee of $5,000, as adjusted by the consumer price index, per ton in excess of 80 percent of a baseline amount of VOC and NOX. The fee is proposed to be due annually until the area is redesignated attainment or has three years of data demonstrating attainment.

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12/04/09-1/11/10

HB 4231: Imported Water
HB 4231 allows the use of bed and banks to convey water imported from out of state and exempts transfers of imported water from existing interbasin transfer requirements.

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11/20/09-1/11/10

HB 2667: Plumbing Fixtures
HB 2667 establishes a phase-in of more efficient plumbing fixtures sold in Texas. The new standards are similar to EPA's WaterSense Program. The bill repeals the TCEQ's certification process and listing fees.

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10/23/09-11/23/09

SB 1759: Texas Clean Fleet Program
This voluntary grants program is designed to encourage eligible fleets to replace diesel vehicles with alternative fuel or hybrid vehicles.

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10/23/09-11/23/09

HB 1796: Emission Reduction Incentive Grants
House Bill 1796 amended the Texas Health and Safety Code, Chapter 386, Texas Emission Reduction Plan (TERP) Program to add a definition for stationary engines and to clarify requirements for projects involving non-road equipment used for natural gas recovery purposes.

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10/23/09-11/23/09

HECT Program Cap Reduction and Allowance Reallocation
The HECT Program Cap Reduction and Allowance Reallocation rulemaking is proposed to reduce the existing HRVOC allowance cap in Harris County by 25% and revise the allowance allocation methodology to address identified inequities in the current allocation system. This rulemaking will also include updating the general definition section in 101.1, such as updating the defintion of volatile organic compounds to the current EPA definition.

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10/09/09-11/09/09

Mass Emissions Cap and Trade (MECT) Program Cap Integrity for the Houston-Galveston-Brazoria (HGB) Eight-Hour Ozone Nonattainment Area
The proposed rulemaking would maintain NOx cap integrity by revising the rule language under 30 TAC Chapter 101, Subchapter H, Division 3, to eliminate the allocation of allowances, after the effective adopted date of the rule, to any facilities located at sites defined as a major source of NOx (as defined in §117.10) that failed to previously participate in the MECT program and have not submitted the required level of activity certification by the applicable deadlines. This rulemaking would also revise the definition of “uncontrolled design capacity” as it relates to the applicability of Division 3 of Chapter 101, Subchapter H. In addition, this rulemaking would clarify site and facility applicability in the MECT program.

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10/09/09-11/09/09

Volatile Organic Compound (VOC) Control Technique Guidelines (CTG) Update
FCAA, §183(e)(3) of the requires the EPA to regulate the emission of VOC from consumer or commercial products by issuing national regulations applicable to manufacturers, processors, wholesale distributors, or importers, or by issuing control technique guidelines (CTG) in lieu of national regulations. FCAA, §182(b)(2) provides that states must revise their ozone SIP to include reasonably available control technology (RACT) for VOC sources covered by any EPA CTG document issued after November 15, 1990, and prior to the date of attainment. For those CTG documents that the commission determines to be RACT for Texas, the proposed rulemaking would establish more stringent VOC emission limits, implement new work practice standards, require additional monitoring and recordkeeping, revising exemption levels, and consider other requirements necessary to implement the guidelines.

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10/09/09-11/09/09

Repeal of the Clean Air Mercury Rule
The proposed rulemaking repeals state Clean Air Mercury Rule requirements incorporated by reference the federal Clean Air Mercury Rule. The federal Clean Air Mercury Rule, cited in Texas Health and Safety Code, Section 382.0173, promulgated by House Bill 2481, 79th Legislature, 2005, was vacated by the courts and is no longer an enforceable federal requirement.

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9/25/09-10/26/09

SB 1672: Federal Clean Air Interstate Rule Revision
The rulemaking will implement SB 1672, which allows the commission to make federal revisions and the associated rules to the CAIR SIP.

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9/25/09-10/26/09

Relocations and Changes of Location of Portable Facilities
This rulemaking would modify the permitting requirements for movement of portable facilities.

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9/11/09-10/14/09

Portable Fuel Container Rule Repeal
The proposed rulemaking will repeal the portable fuel container rules in Chapter 115, Subchapter G, Division 2, because the rules are duplicative of a federal portable fuel container rule promulgated in February 2007.

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9/11/09-10/12/09

Exemption of Low Temperature Drying and Curing Ovens in the DFW Ozone Nonattainment Area
The proposal will amend sections in Chapter 117 to exempt low temperature drying and curing ovens used in mineral wool-type fiberglass manufacturing and wet-laid, non-woven fiber mat manufacturing in which nitrogen-containing resins or other additives are used.

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8/28/09-9/28/09