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TCEQ Moves to Correct EPA-Noted Deficiencies in Title V Program

For more information, contact David Cabe at 512.329.5544.  

In almost a decade-long attempt to hit the moving target of EPA approval of the Texas Federal Operating Permits Program, the TCEQ may have scored a direct hit. According to EPA in a Notice of Deficiency published in the January 7, 2002 Federal Register, " the State's periodic monitoring regulations, compliance assurance monitoring (CAM) regulations, periodic monitoring and CAM general operating permits (GOPs), statement of basis requirement, applicable requirement definition, and potential to emit registration regulation do no meet the minimum federal requirements of the Act and 40 CFR 70." In response, the TCEQ has adopted widespread amendments to its Chapter 106, 116, and 122 air quality rules and wants the regulated community to know about the rule changes.

In a February 3, 2003 special announcement, the TCEQ reminded holders of federal operating permits that the monitoring GOPs have been eliminated and can no longer be used to incorporate periodic monitoring (PM) and compliance assurance monitoring (CAM) requirements. Instead PM and CAM requirements will be placed directly into the federal operating permits through such mechanisms as initial permitting, and permit renewals, reopenings, and revisions. The TCEQ also announced that its general air quality rules are now to be included as applicable requirements in operating permits. Finally, the agency clarified that certifications of a site's potential to emit (PTE) must be submitted to the TCEQ in order for the PTE established in this manner to be recognized as federally enforceable. For example, it is no longer sufficient to simply maintain a signed PI-8 form at the site to demonstrate that site is not a major source requiring a federal operating permit.