ACIT
Regulatory Update: 6/12/07
 
New Title V Enforcement Provisions under SB 12 Became Law on June 8, 2007

New Title V Enforcement Provisions under SB 12 Became Law on June 8, 2007

  • Governor Perry signed SB 12 into law on June 8, 2007.  The law takes immediate effect
    since SB 12 received a two-thirds vote from both the Senate and the House.
  • New Title V provisions in SB 12 codify the TCEQ's recent update to their Enforcement Initiation Criteria (EIC) guidance document which limits TCEQ enforcement to only those violations reported under Title V that require automatic enforcement (Category A violations).  However, under the new statute, the Commission may still include in the enforcement action Category B & C violations that are repeat violations due to the same root cause or that have not been corrected within the time frame specified by the TCEQ even though such violations may not otherwise require automatic enforcement. 
  • According to the latest revised EIC, Category B & C violations, when documented with a Category A violation, will be cited in an NOE and TCEQ Order, but will not be included in the calculation of the administrative penalty in most cases.  It is also our understanding that Category B & C violations will only be addressed with a Notice of Violation (NOV). 
  • TCC will continue working with the TCEQ as it reconciles the recently revised EIC with the new Title V statute passed under SB 12.

TCEQ to Post New Effects Screening Level (ESL) Values (for Public Comment) Beginning June 11, 2007

  • At the 2007 TCC/ACIT EHS Seminar, TCEQ Toxicologist Roberta Grant Ph.D. provided an update on the ESL development process.
  • Ms. Grant stated that the new ESLs will be posted on the TCEQ website in the form of a proposed Draft Development Support Document (DSD).
  • The proposed DSDs will be posted on the TCEQ website for a 60 or 90-day public comment period.  The public comment period will include at least one public meeting in Austin.
  • The proposed DSD public comment schedule is as follows:
    • June 11-15:  benzene, butoxyethanol, 1,1-dichloroethylene, hexane, methyl n-amyl ketone, pentene (all isomers), and texonal.
    • July:  tetrachloroethylene, ethylene, and toluene.
    • August:  1,3 butadiene, styrene, 1,1,2-trichloroethane, and xylene.
    • October:  butane (all isomers), chromium, ethylbenzene, and nickel.
    • November:  arsenic, formaldehyde, gasoline, isoprene, silica, and vinyl chloride.
  • Ms. Grant also stated that the basis for ESL redevelopment of the above listed chemicals stems from that fact that 1) the chemical has been detected in air monitoring, 2) permits are frequently issued for the particular chemical, and/or 3) the public has expressed concern about the particular chemical.
  • Ms. Grant reiterated the expectation that some new ESL values will be higher while some new ESLs will be lower than current ESLs values.  This expectation applies to both short and long-term ESL values.
  • TCC continues to work closely with TCEQ staff in this ESL development process.

TCEQ Executive Director Announces Upper-Management Personnel Changes, Includes Office of Compliance and Enforcement

  • TCEQ Executive Director, Glenn Shankle, announced on June 11, 2007 the following upper-management personnel changes, effective July 1, 2007:
    • John Steib , Deputy for the Office of Compliance and Enforcement (OCE), will become Deputy for the Office of Administrative Services (OAS);
    • John Sadlier , Division Director for Enforcement, will become the new Deputy for OCE;
    • Matt Baker , Division Director for Small Business and Environmental Assistance (SBEA), will become the new Division Director for Enforcement; and
    • Grace Montgomery Faulkner , Deputy for OAS, will become the new Division Director for SBEA.

TCEQ Continues to Seek Stakeholder Input for its Texas Surface Water Quality Standards 2007 Triennial Review

·          Texas Surface Water Quality Standards provide protection to the given designation (or purpose) of a water body in the State.  The three-year cycle for review allows the TCEQ (and stakeholders) to address new and updated information on pollutants as well as respective water bodies, and to account for applicable state and federal regulatory requirements that impact surface water quality.  Currently, the TCEQ convened two stakeholder meetings (March 7, 2007 and May 16, 2007) that generated substantial feedback.  Please see the following weblink for more information on the two stakeholder meetings, including agendas and meeting minutes:  http://www.tceq.state.tx.us/permitting/water_quality/stakeholders/swqsawg.html

  • A brief summary of the potential revisions that may impact TCC members, based on the first two stakeholder meetings, is as follows:
    • Aquatic life criteria revisions that may potentially effect TCC members include:
      • Reduced criteria for several metals.  Most reductions are expected to be small and concern fresh water .  
      • The Biotic ligand model for fresh water copper criteria can make site-specific standards less expensive to obtain.
  • Human health criteria revisions that may potentially effect TCC members include:
    • Reduced criteria for most bio-accumulative chemicals due to higher assumed fish consumption rate, lipid correction, and revised Bio Concentration Factors  (BCF)s.
  • Whole Effluent Toxicity revisions could have substantial impacts on TCC members.  Potential impacts include:
    • More Toxicity Reduction Evaluations (TREs)/Toxicity Identification Evaluations (TIEs) that are complex and expensive
    • Permit limits for sub-lethal effects.
  • The 2007 Triennial Review schedule is as follows:
    • Continued stakeholder meetings through 2007.
    • Final rule to rule team in January 2008.
    • Proposal tentatively set for a March 2008 Commission agenda.
    • Adoption tentatively set for a September 2008 Commission agenda.
  • The next stakeholder meeting is scheduled for Tuesday, June 26th, from 9:00 AM to 4:00 PM at the TCEQ, Building F, second floor, room 2210.  This will be an important meeting to attend since there is an expectation that a more detailed discussion concerning potential WET revisions will occur. 

TCEQ Mailed the Highly-Reactive Volatile Organic Compound (HRVOC) Special Emissions Inventory Request on June 7, 2007

  • TCEQ mailed HRVOC Special Emissions Inventory Requests to TCC member companies on June 7, 2007.  Steve Sun of the TCEQ Air Quality Division will be the agency contact, and his phone number is (512) 239-3554.
  • The TCEQ states the purpose of the special inventory request is to gather monitored HRVOC emissions data for the use in developing a more equitable HRVOC allocation methodology.   
  • TCC worked with TCEQ staff to clarify, edit, and update the special inventory request prior to the June 7th mailing.
  • Once the request is completed and submitted back to the TCEQ, the TCEQ plans to take the following actions:
    • The TCEQ will hold an advisory group meeting to discuss ideas to revise the allocation, and
    • The TCEQ will hold a subsequent meeting once there is a "strawman" proposal to revise the allocation.  The TCEQ will want feedback on the proposal.

TCEQ Commissioners To Consider First Coal-Fired Power Plant Application Since May 2006 at Upcoming June 13, 2007 Commission Agenda

  • The next TCEQ agenda is June 13, 2007, and the list of items to be heard and their respective back-up material can be found via the following weblink:  http://www.tceq.state.tx.us/assets/public/comm_exec/agendas/comm/current/2007/070613.pdf
  • The most notable item on the Commission agenda involves the consideration of the Administrative Law Judges' (ALJs) Proposal for Decision (PFD) concerning the Oak Grove Management Company's application to authorize the construction and operation of two 860 megawatt, lignite-fired, electric generating units in Robertson County, Texas.  This application is subject to Governor Perry's Executive Order to fast-track power plant permits.  As the PFD explains, the ALJs ultimately concluded that Oak Grove did not meet its burden of proof (regarding BACT and air pollution contribution), and recommended that the Commission deny the application for an air quality permit.  All agenda backup material, including the PFD and Exceptions to the PFD, can be found at the following weblink:  http://www7.tceq.state.tx.us/uploads/eagendas/Agendas/6-13-2007/Oak%20Grove.pdf
  • A second item worth mentioning concerns the Commission's consideration to approve the Corpus Christi Eight-Hour Ozone Flex Plan Memorandum of Agreement (MOA).  This MOA outlines voluntary actions (by area stakeholders) designed to reduce air emissions and improve air quality in Nueces and San Patricio Counties.  More information concerning the MOA between the EPA, TCEQ, and local counties and governments can be found at the following weblink: http://www7.tceq.state.tx.us/uploads/eagendas/Agendas/6-13-2007/2007-0613-MIS.pdf

TCEQ Posts Remaining 2007 Commission Agenda Schedule Online

TCC Committee Reminders

·          Industrial Health Committee meeting:  June 14th at the Houston Hobby Hilton.
·          TCC Water and Waste Management Committee meeting:  July 19th at the Houston Hobby Hilton.
·          TCC Air Conservation Committee meeting:  August 16th at the Houston Hobby Hilton.
·          Occupational Safety Committee meeting:  September 14th at DuPont, LaPorte.

If you have any questions, comments or need additional information, please contact TCC Regulatory Director, Greg Merrell , at or  (512) 646-6404.