Section 112.302 - Control Requirements(a) The Kiln Scrubber Stack (EPN E3-1) and the associated lightweight aggregate kiln must emit all exhaust gases through a stack that is at least 36.576 meters tall and must be located within a rectangle designated as having its corners at Universal Transverse Mercator (UTM) coordinates UTM East Meters 750646.0 and UTM North Meters 3533975.0, UTM East Meters 750676.0 and UTM North Meters 3533975.0, UTM East Meters 750646.0 and UTM North Meters 3533955.0, and UTM East Meters 750676.0 and UTM North Meters 3533955.0, in UTM Zone 14. A bypass to the lightweight aggregate kiln or its control device may not be installed unless it vents through this stack.(b) Emissions from the Kiln Scrubber Stack (EPN E3-1) may not exceed 222.00 pounds per hour (lb/hr) sulfur dioxide, the temperature of the exhaust gas exiting from the stack may not fall below 117 degrees Fahrenheit, and the velocity of the exhaust gas exiting from the stack may not drop below 42.5 feet per second.(c) The owner or operator may request an alternate means of control (AMOC) as follows: (1) Permitting Requirements. Compliance with this subsection does not relieve any owner or operator of the responsibility to comply with the requirements of § 116.110 or § 116.151 of this title (relating to Applicability and New Major Source or Major Modification in Nonattainment Area Other Than Ozone, respectively) with respect to the new construction or modification of sources that may emit SO2 into the air of this state.(2) Availability of AMOC. (A) The owner or operator of any site subject to a control requirement in this subchapter may request approval of an AMOC plan using the procedures established in this subsection. The executive director shall review a submitted AMOC and may approve the AMOC plan if it is demonstrated that the plan meets all applicable criteria and procedures of this subsection. The owner or operator who submits an AMOC plan not satisfying the requirements of this section may apply for a site-specific state implementation plan revision approved by the executive director and the United States Environmental Protection Agency (EPA).(B) Application for an AMOC plan does not stay enforcement of regulations in this subchapter.(C) Any violation of an AMOC plan will be subject to enforcement action as a violation of this subchapter.(3) Criteria for Approval of AMOC Plans. An AMOC plan may be approved if it meets each of the following criteria, as applicable.(A) Except as provided for in paragraph (8) of this subsection, all sources covered by the AMOC plan must be and remain at the same site.(B) If the AMOC plan includes an increase in the lb/hr emission limit for a source subject to the control requirements in this subchapter, the AMOC plan must also include an equivalent decrease in the lb/hr emission limit for one or more sources subject to the control of this subchapter.(C) The AMOC application must include a demonstration that satisfies the following requirements. (i) The modeled impacts of all sources affected by the AMOC plan demonstrate no net increase in ground-level concentration, which for purposes of this subparagraph means no net increase in modeled off-property concentration of SO2, on a highest, first-high basis, at any receptor, i, in excess of the lesser of:(II) an applicable significant impact level for the one-hour National Ambient Air Quality Standard for SO2.(ii) Except where otherwise provided in this subsection, the demonstration required under this paragraph must be by means of applicable air quality models, databases, and other requirements specified in Appendix W to 40 CFR § 51.1 and what was used in the modeling for the corresponding SIP revision.(D) The AMOC must be implemented and reductions created after the effective date of this rule.(E) The AMOC plan must establish control requirements and monitoring, testing, recordkeeping, and reporting requirements consistent with and no less stringent than the applicable requirements of this subchapter for all sources in the plan that render the proposed control requirements enforceable.(4) Procedures for AMOC Plan Submittal. (A) The owner or operator requesting an AMOC plan shall submit a proposed AMOC plan and demonstration to the executive director; copies of such plan and demonstration must also be submitted to the appropriate regional office, any local air pollution control program with jurisdiction over the site affected by the AMOC plan, and copies to the EPA regional office.(B) The proposed AMOC plan must include the following information: (i) the AMOC applicant name with mailing address, site name with physical address, regulated entity number, and contact person including address and telephone number;(ii) an identification and a description of the sources involved in the AMOC plan including any applicable air permit numbers, plot plans, detailed flow diagrams, emission point numbers (EPNs), and facility identification numbers (FINs); an identification of the provisions of this subchapter that are applicable to such sources; an identification of promulgated provisions of this subchapter that will be applicable to such sources; and a description of normal operating conditions for each source causing emissions;(iii) control requirements, which must be established for each source to make emission limits enforceable, to be applicable to each source affected by the proposed AMOC plan;(iv) a demonstration that the AMOC plan satisfies each applicable requirement of paragraph (3) of this subsection;(v) a list containing the name, address, and telephone number of any air pollution control program with jurisdiction over the site affected by the AMOC plan; and(vi) any other relevant information necessary to evaluate the merits and enforceability of the AMOC plan, as may be requested by the executive director.(C) All representations with regard to the AMOC plan, as well as any provisions attached to the AMOC plan, become conditions upon which the subsequent AMOC plan is issued. If the AMOC plan is approved by the executive director and the EPA, the owner or operator may not vary from such representation or provision if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions. If the AMOC plan is approved by the executive director and the EPA, the owner or operator may not vary from the emission limits, control requirements, monitoring, testing, reporting, or recordkeeping requirements of an approved AMOC plan.(D) Applications to amend or revise an AMOC plan must be submitted subject to the requirements of this subsection.(5) Procedures for an AMOC Plan Approval. Upon a preliminary determination to approve or deny the proposed AMOC plan, the executive director shall, in writing, so notify the submitter of the plan, any local air pollution control program with jurisdiction over the site affected by the AMOC plan, and the EPA regional office.(A) If the executive director makes a preliminary determination to approve the AMOC plan, the notice must include a copy of the AMOC plan as preliminarily approved.(B) If the executive director makes a determination to deny the AMOC plan, the notice must include a description of the reason(s) for such determination of denial. This determination constitutes a final action of the executive director appealable to the Commission as provided in subparagraph (G) of this paragraph.(C) Upon receipt of notice from the executive director that the AMOC plan has received preliminary approval, the AMOC applicant, at the applicant's own expense, shall cause notice of the applicant's intent to obtain an AMOC plan and of the opportunity to submit written comments to be published. The notice must be consistent with paragraph (6) of this subsection.(D) The executive director shall consider and prepare a written response to all significant and timely written comments filed in connection with an AMOC plan.(E) In response to the written comments, the executive director may modify the provisions of the AMOC plan, deny the AMOC plan, or approve the AMOC plan without changes.(F) The executive director shall send written notice of the final determination concerning each AMOC plan to the submitter of the plan, the EPA regional office, any local pollution control program with jurisdiction, and to each person who submitted timely written comments. Such notice must include the final AMOC plan provisions, a copy of the response to comments, and an announcement of the opportunity to appeal the executive director's determination to the Commission. The notice required by this subparagraph must be sent by a means evidencing receipt.(G) Any person entitled to notice under paragraph (6) of this subsection may, within 15 days of the receipt of such notice, file with the executive director an appeal of the final determination on the AMOC plan. Such appeal may be considered at the next regularly scheduled meeting of the Commission for which adequate notice may be made. Based on arguments submitted to the commission during such appeal, the Commission may remand the AMOC determination to the executive director, deny the AMOC plan, or issue the AMOC plan unchanged.(H) Within 45 days of final approval of the AMOC plan by the executive director or the Commission for an appeal, the EPA may notify the commission of the EPA's disapproval of the executive director's final decision. Such notification must be in writing and must include a statement of the reason(s) for the disapproval and a specific listing of changes to the AMOC plan needed to overcome the disapproval. Any time prior to the expiration of the 45-day period, the EPA may notify the executive director that no disapproval is forthcoming. Upon receipt of a timely EPA disapproval, the executive director shall void or revise the AMOC plan and reissue the notice as required by paragraph (6) of this subsection.(I) If no appeal of the executive director's decision to approve the AMOC plan is filed pursuant to paragraph (8) of this subsection, the AMOC plan becomes effective upon the acceptance of the plan by the EPA as described in subparagraph (K) of this paragraph.(J) If an appeal of the executive director's decision is filed, the AMOC plan becomes effective upon the latter of the acceptance of the AMOC plan by the Commission or the acceptance of the AMOC plan by the EPA.(K) EPA acceptance is defined as explicit approval of the AMOC plan by the EPA, notification by the EPA to the executive director that no EPA disapproval is forthcoming, or failure of the EPA to file notice of disapproval within 45 days after the executive director's final decision to approve the AMOC plan.(6) Public Notice Format. (A) Public notice must be published in the public notice section of two successive issues of a newspaper of general circulation in or closest to the municipality in which the site affected by the AMOC plan is located.(B) Public notice must contain the following information: (i) the AMOC plan application number assigned by the executive director;(ii) the AMOC applicant's name;(iii) the type of source and site;(iv) a description of the location of the site;(v) a brief description of the AMOC plan;(vi) the executive director's preliminary determination to approve the plan;(vii) the locations and availability of copies of the proposed AMOC plan, related documentation, and the executive director's preliminary analysis of the plan (including the Austin and appropriate regional offices, any local pollution control program with jurisdiction over the site affected by the AMOC plan, and the EPA regional office);(viii) an announcement of the opportunity to submit written comments on the AMOC plan;(ix) the length of the public comment period, which extends to at least 30 days after the final publication of the notice;(x) the procedure for submission of written public comments concerning the proposed AMOC plan; and(xi) the name, address, and phone number of the Agency's regional office to be contacted for further information.(C) The executive director may not take final action on the AMOC plan until the owner or operator who submitted the AMOC plan has provided proof of adequate notice to the executive director, the EPA, and any local pollution control program with jurisdiction.(7) Review of Approved AMOC Plans and Termination of AMOC Plans. (A) For the purposes of this subsection, compliance date means the date by which a source must comply with new or modified sections of this subchapter.(B) Unless revised to reflect new regulatory requirements, an AMOC plan becomes void on the compliance date specified for a new or modified section of this subchapter affecting a source subject to an AMOC plan.(C) The holder of an AMOC plan shall comply with the requirements of this subchapter if the AMOC plan becomes void.(D) Upon final approval of an AMOC plan, the owner or operator of the sources affected by the plan shall keep a copy of the plan on the site affected by the plan and shall make the plan available upon request to representatives of the executive director, the EPA, or any local air pollution control agency having jurisdiction in the area.(E) Upon request, each holder of an AMOC plan shall submit to the executive director a demonstration that the plan continues to meet all applicable criteria of this subsection.(F) An AMOC holder is responsible for obtaining a new AMOC plan prior to the compliance date of any new or modified regulation of this subchapter that affects a source subject to an AMOC plan.(8) Inclusion of Contiguous Properties. Notwithstanding paragraph (3)(A) of this subsection, an AMOC plan may cover multiple sources operated on contiguous properties, provided that separate requests for plan approval are submitted by each owner or operator subject to a control requirement under this subchapter.30 Tex. Admin. Code § 112.302
Adopted by Texas Register, Volume 47, Number 42, October 21, 2022, TexReg 7064, eff. 10/27/2022