TECHNICAL
SUPPORT
DOCUMENT
TEXAS
STATE
IMPLEMENTATION
PLAN
APPROVAL
30
TAC
CHAPTER
116
­
CONTROL
OF
AIR
POLLUTION
BY
PERMITS
FROM
NEW
CONSTRUCTION
OR
MODIFICATION
Prepared
by:
Stanley
M.
Spruiell
Air
Permits
Section
(
6PD­
R)
U.
S.
Environmental
Protection
Agency,
Region
6
Telephone:
(
214)
665­
7212
E­
Mail:
spruiell.
stanley@
epa.
gov
TABLE
OF
CONTENTS
Page
i
TABLE
OF
CONTENTS
EVALUATION
AND
ANALYSIS
I.
Introduction
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1
II.
What
are
the
SIP
submittals
that
EPA
reviewing
for
SIP
approval
in
this
action?
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1
III.
What
is
the
History
of
Chapter
116.112?
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IV.
Technical
Evaluation
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V.
Conclusion
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5
APPENDIX
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
ANNOTATION
OF
§
§
335.204
AND
335.205
I.
Abstract
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II.
Important
Notes
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III.
Annotation
Procedure
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IV.
Annotation
of
§
116.112
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3
V.
Annotation
of
§
§
335.204
and
335.205
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7
TECHNICAL
SUPPORT
DOCUMENT
EVALUATION
AND
ANALYSIS
Throughout
this
document
"
we,"
"
us,"
or
"
our"
means
the
"
Environmental
Protection
Agency"
or
"
EPA."

I.
Introduction
This
Technical
Support
Document
is
EPA's
evaluation
of
revisions
Title
30
of
the
Texas
Administrative
Code
(
TAC)
Chapter
116
­
Control
of
Air
Pollution
by
Permits
for
New
Construction
or
Modification,
§
116.112
­
Distance
Limitations.
Texas
submitted
these
changes
to
EPA
for
approval
as
a
revision
to
the
Texas
State
Implementation
Plan
(
SIP).

II.
What
are
the
SIP
submittals
that
EPA
reviewing
for
SIP
approval
in
this
action?

This
action
addresses
Texas'
SIP
submittal
to
EPA
by
letter
dated
February
5,
2004,
from
Kathleen
Harnett
White,
Chairman,
Texas
Commission
on
Environmental
Quality
(
TCEQ).
In
the
submittal,
TCEQ
submitted
an
amendment
to
§
116.112,
Distance
Limitations,
which
it
adopted
January
14,
2004.
The
amendment
revises
the
distance
limitation
for
concrete
crushing
facilities
to
implement
House
Bill
555
and
House
Bill
1287,
§
5.07,
78th
Legislature,
2003.

III.
What
is
the
History
of
Distance
Limitations
and
30
TAC
§
116.112?

Before
1993,
Texas
included
the
following
distance
limitations
in
30
TAC
Chapter
116:

<
§
116.3(
a)(
1)(
B)
­
distance
limitations
for
lead
smelters.

<
§
116.3(
a)(
3)(
13)
­
distance
limitations
for
hazardous
waste
permits.

We
approved
these
Sections
into
the
SIP
on
September
22,
1995
(
60
FR
49781).

On
August
16,
1993,
Texas
reorganized
and
recodified
Chapter
116
and
consolidated
the
distance
limitations
for
lead
smelters
and
hazardous
waste
permits
into
a
new
§
116.117
and
submitted
this
Section
to
EPA
on
August
31,
1993.
On
February
24,
1996,
Texas
repealed
§
116.117
and
replaced
it
without
change
into
a
new
§
116.112,
and
submitted
these
changes
to
EPA
on
March
13,
1996.
On
June
17,
1998,
Texas
made
nonsubstantive
changes
to
§
116.112,
and
submitted
these
changes
to
EPA
on
July
22,
1998.

We
approved
§
116.112
into
the
SIP
on
September
18,
2002
(
67
FR
58697).
As
approved,
§
116.112
includes
distance
limitations
for
lead
smelters
in
§
116.112(
1)
and
distance
limitations
for
hazardous
waste
permits
in
§
116.112(
2).
These
distance
limitations
apply
to
new
and
modified
facilities
in
these
source
categories
as
conditions
of
their
new
source
review
authorizations.
TECHNICAL
SUPPORT
DOCUMENT
Page
2
EVALUATION
AND
ANALYSIS
The
December
18,
2002,
the
TCEQ
revised
§
116.112
to
add
new
distance
limitations
for
concrete
crushing
facilities
in
§
116.112(
3).
Under
this
revision,
a
concrete
crushing
facility
must
not
be
located
or
operated
within
440
yards
of
any
building
used
as
a
single
or
multi­
family
residence,
school,
or
place
or
worship.
This
distance
limitation
does
not
apply
to
existing
concrete
crushing
facilities,
which
are
those
facilities
that
were
authorized
and
actually
located
or
operating
at
the
site
as
of
September
1,
2001.
Texas
submitted
this
revision
to
EPA
on
January
3,
2003.
We
approved
this
revision
to
§
116.112
on
September
30,
2003
(
68
FR
64548).

On
January
14,
2004,
the
TCEQ
revised
§
116.112
and
submitted
these
revisions
to
EPA
on
February
5,
2004,
for
approval
as
SIP
revisions.
The
adopted
amendments
revise
minimum
distance
limitation
requirements
of
new
and
modified
sources
and
allow
storage
of
an
inoperative
concrete
crusher
within
440
yards
of
residence,
school,
or
place
or
worship;
define
how
distance
measurements
should
be
taken
and
when
they
would
be
applicable
to
concrete
crushers
and
other
facilities;
and
allow
concrete
crushers
to
operate
at
temporary
demolition
sites
within
440
yards
of
nearby
buildings,
unless
the
facility
is
located
in
a
county
with
a
population
of
2.4
million
or
more,
or
in
a
county
adjacent
to
such
county.
The
TCEQ
also
moved
the
distance
limitations
for
hazardous
waste
management
facilities
to
a
new
§
116.112(
c)
to
separate
it
from
the
distance
requirements
under
the
Texas
Clean
Air
Act.
See
29
TexReg
1010
(
January
30,
2004).
The
TCEQ
further
revised
§
116.112(
c)
to
delete
the
language
previously
in
§
116.112(
2)(
A)­(
F)
and
replaced
it
with
a
cross
reference
to
30
TAC
§
§
335.204
and
335.205
where
applicable
distance
limitations
are
found,
because
deleted
language
was
duplicative
of
the
provisions
in
§
§
335.204
and
335.205
IV.
Technical
Evaluation
The
TCEQ
submitted
revisions
to
§
116.112
on
February
5,
2004,
revised
the
Sections
as
follows:

<
The
revised
rule
allows
for
storage
of
an
inoperative
concrete
crusher
within
440
yards
of
a
residence,
school,
or
place
or
worship
if
the
residence,
school,
or
place
or
worship
was
in
use
at
the
time
the
owner
or
operator
filed
an
application
for
the
initial
authorization
to
operate
that
facility
at
that
location
with
the
TCEQ.

<
The
revised
rule
defines
how
distance
measurements
should
be
taken
and
when
thy
would
be
applicable
to
concrete
crushers
and
other
facilities.

<
The
revised
rule
provides
an
exemption
from
minimum
distance
limitations
for
concrete
crushing
which
results
from
on­
site
demolition
for
use
primarily
at
that
site.
The
exemption
is
limited
to
one
period
of
no
more
than
180
days
and
is
applicable
if
the
facility
is
not
located
in
a
county
with
a
population
of
2.4
million
or
more,
or
in
a
county
adjacent
to
such
county.
TECHNICAL
SUPPORT
DOCUMENT
Page
3
EVALUATION
AND
ANALYSIS
1
§
51.160(
a)
provides:

§
51.160
Legally
enforceable
procedures.

(
a)
Each
plan
must
set
forth
legally
enforceable
procedures
that
enable
the
State
or
local
agency
to
determine
whether
the
construction
or
modification
of
a
facility,
building,
structure
or
installation,
or
combination
of
these
will
result
in
­­

(
1)
A
violation
of
applicable
portions
of
the
control
strategy;
or
(
2)
Interference
with
attainment
or
maintenance
of
a
national
standard
in
the
State
in
which
the
proposed
source
(
or
modification)
is
located
or
in
a
neighboring
State.
<
The
citation
of
the
distance
limitations
for
hazardous
waste
management
facilities
was
redesignated
from
§
116.112(
2)
to
§
116.112(
c)
and
revised
to
refer
to
the
duplicative
distance
limitations
for
such
facilities
in
30
TAC
§
§
335.204
(
relating
to
Unsuitable
Characteristics)
and
335.205
(
relating
to
Prohibition
of
Permit
Issuance).
These
crossreferenced
sections
are
equivalent
to
the
former
provisions
of
§
116.112(
2)
.
The
TCEQ
limited
applicability
of
the
cross­
referenced
provisions
of
§
335.204,
as
amended
and
adopted
in
the
August
22,
2004
issue
of
the
Texas
Register
(
28
TexReg
6915),
and
§
335.205,
as
amended
and
adopted
in
the
November
29,
2001
Texas
Register
(
26
TexReg
9135).
Thus
hazardous
waste
management
facilities
must
comply
with
the
distance
limitations
in
the
specific
versions
of
§
335.204
or
§
335.205
identified
in
§
116.112(
c).
If
TCEQ
later
revises
§
335.204
or
§
335.205,
it
must
submit
an
appropriate
SIP
revision
to
EPA
to
incorporate
the
revised
version
of
§
335.204
or
§
335.205
into
§
116.112(
c)
and
receive
EPA
approval
in
order
for
EPA
to
recognize
the
revised
versions
of
these
sections.

See
the
annotation
and
evaluation
in
the
Appendix
of
this
Technical
Support
Document
for
more
details
on
how
§
116.112,
was
changed
in
this
submittal
and
the
basis
for
why
these
changes
are
approvable.

The
distance
limitations
in
§
116.112
provide
protection
for
the
persons
located
near
a
lead
smelter,
concrete
crushing
facility,
or
hazardous
waste
management
facility.
By
restricting
the
location
of
these
types
of
facilities,
it
strengthens
the
existing
SIP
by
providing
additional
assurance
that
persons
located
near
these
types
of
facilities
will
not
be
adversely
affected
by
exposure
to
the
air
contaminants
emitted
from
these
facilities.

These
provisions
meet
the
requirements
of
40
CFR
51.160(
a)
1.
These
distance
limitations
assure
that
emissions
will
not
interfere
with
the
attainment
and
maintenance
of
a
national
standard
TECHNICAL
SUPPORT
DOCUMENT
Page
4
EVALUATION
AND
ANALYSIS
2
§
51.160(
e)
provides:

§
51.160
Legally
enforceable
procedures.

*
*
*
*
*

(
e)
The
procedures
must
identify
types
and
sizes
of
facilities,
buildings,
structures,
or
installations
which
will
be
subject
to
review
under
this
section.
The
plan
must
discuss
the
basis
for
determining
which
facilities
will
be
subject
to
review.

3
§
116.111(
2)(
A)(
i)
provides:

§
116.111.
General
Application.

In
order
to
be
granted
a
permit,
amendment,
or
special
permit
amendment,
the
application
must
include:

*
*
*
*
*

(
2)
information
which
demonstrates
that
all
of
the
following
are
met.

(
A)
Protection
of
public
health
and
welfare.

(
i)
The
emissions
from
the
proposed
facility
will
comply
with
all
rules
and
regulations
of
the
commission
and
with
the
intent
of
the
TCAA,
including
protection
of
the
health
and
physical
property
of
the
people.

[
Approved:
67
FR
58697
(
September
18,
2002
),
effective
October
18,
2002.]
and
strengthens
the
existing
SIP.
It
also
meets
40
CFR
51.160(
e)
2
by
identifying
types
of
facilities
that
will
be
subject
to
review.

The
distance
limitations
in
section
116.112
are
a
discretionary
measure
not
mandated
by
the
CAA.
The
revision
strengthens
the
SIP
by
providing
protection
for
persons
located
near
a
lead
smelter,
concrete
crushing
facility,
or
hazardous
waste
management
facility.
By
restricting
the
location
of
these
types
of
facilities,
the
SIP
provides
additional
assurance
that
persons
located
near
these
types
of
facilities
will
not
be
adversely
affected
by
exposure
to
the
air
contaminants
emitted
from
these
facilities.
House
Bill
1287
restricts
Texas'
authority
to
provide
an
exemption
from
the
distance
limitation
and
measurement
requirements
to
facilities
for
which
the
Commission
determines
that
operation
at
the
location
will
cause
no
adverse
environmental
or
health
effects.
Texas
has
stated
that
compliance
with
this
condition
will
be
determined
during
protectiveness
review
as
part
of
permit
development.
The
permit
review
will
determine
compliance
with
§
116.111(
2)(
A)(
i)
of
the
existing
SIP3,
which
provides
that
the
emissions
from
a
new
or
modified
facility
will
comply
with
all
rules
and
regulations
of
the
Commission
and
with
the
intent
of
the
Texas
Clean
Air
Act,
including
the
protection
of
the
health
and
physical
property
of
the
people.
TECHNICAL
SUPPORT
DOCUMENT
Page
5
EVALUATION
AND
ANALYSIS
4
§
101.4
of
the
SIP
provides:

§
101.4.
Nuisance.

No
person
shall
discharge
from
any
source
whatsoever
one
or
more
air
contaminants
or
combinations
thereof,
in
such
concentration
and
of
such
duration
as
are
or
may
tend
to
be
injurious
to
or
to
adversely
affect
human
health
or
welfare,
animal
life,
vegetation
or
property,
or
as
to
interfere
with
the
normal
use
and
enjoyment
of
animal
life,
vegetation,
or
property.

[
APPROVED:
37
FR
10895)
at
52.2270(
b),
effective
05/
31/
72.]
Texas
noted
that
sources
must
also
comply
with
the
nuisance
provisions
of
§
101.4
of
the
SIP4.
We
have
determined
that
the
revision
meets
the
requirements
of
40
CFR
51.160(
a)
and
section
110(
l)
of
the
CAA
because
it
sets
forth
legally
enforceable
procedures
that
require
the
TCEQ
to
determine
whether
the
construction
or
modification
will
result
in
a
violation
of
applicable
portions
of
the
control
strategy
or
will
interfere
with
attainment
or
maintenance
of
a
national
standard.
The
revision
also
meets
the
requirement
of
40
CFR
51.160(
e)
to
identify
types
of
facilities
that
will
be
subject
to
review.

The
Appendix
to
this
Technical
Support
Document
contains
a
detailed
annotation
and
evaluation
of
the
submitted
revisions
to
§
116.112.
The
evaluation
contains
a
detailed
explanation
of
the
basis
for
why
the
submitted
revisions
are
approvable.

V.
Conclusion
On
the
basis
of
the
above
analysis
and
evaluation
we
conclude
that
the
amendments
to
§
116.112
that
Texas
submitted
on
February
5,
2004,
meet
the
applicable
requirements
of
40
CFR
51.160.
Accordingly,
these
amendments
are
approvable
as
a
revision
to
the
Texas
State
Implementation
Plan.
APPENDIX
­
TECHNICAL
SUPPORT
DOCUMENT
Page
1
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
APPENDIX
TECHNICAL
SUPPORT
DOCUMENT
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
AND
§
§
335.204
AND
335.205
I.
Abstract
This
is
an
annotation
and
evaluation
of
revisions
that
the
Texas
Commission
on
Environmental
Quality
(
TCEQ)
has
made
to
30
TAC
Chapter
116,
§
116.112
­
Distance
Limitations,
submitted
February
5,
2004.
This
document
compares
and
cross­
references
the
revised
regulation
with
the
former
SIP­
approved
regulation.
This
document
also
includes
an
annotation
of
30
TAC
§
§
335.204
­
335.205,
which
are
cross­
referenced
in
§
116.112(
c).
The
annotation
of
§
§
335.204
­
335.205
which
are
cross­
referenced
in
§
116.112(
c)
is
to
show
that
the
cross­
referenced
provisions
are
equivalent
to
the
distance
limitations
for
hazardous
waste
management
facilities
formerly
located
in
§
116.112(
2)
(
moved
to
§
116.112(
c)
and
crossreferenced
in
this
change).

This
document
is
not
intended
to
replace
any
prior
annotation
of
§
116.112,
nor
to
replace
the
current
State
Implementation
Plan
as
documented
in
EPA's
SIPMAP.
This
document
only
makes
comparisons
for
the
revisions
to
§
116.112
that
Texas
submitted
to
the
EPA
as
shown
below:

II.
Important
Notes
<
This
document
was
prepared
to
support
the
approval
of
Texas'
revisions
to
the
abovedescribed
regulations.

<
This
is
not
an
official
EPA
document
or
opinion.

<
You
must
understand
the
"
ANNOTATION
PROCEDURE"
as
described
below
in
order
to
understand
this
annotation.

III.
Annotation
Procedure
This
document
annotates
and
evaluates
Section
116.112
­
Distance
Limitations,
in
Chapter
116
that
EPA
is
proposing
to
approve
in
this
Federal
Register
action.

For
the
annotation
of
§
116.112,
we
have
included
immediately
below
the
title
information
identifying
the
version
of
§
116.112
that
we
are
approving.
This
information
includes
the
date
of
adoption
by
the
TCEQ
and
the
date
that
the
regulation
became
effective
as
a
state
rule.
Please
note
that
this
is
not
the
effective
date
of
EPA's
approval.
This
information
identifies
the
version
of
the
rule
that
EPA
is
approving.
APPENDIX
­
TECHNICAL
SUPPORT
DOCUMENT
Page
2
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
1There
is
no
history
table
for
the
annotation
of
§
§
335.204
­
335.205
because
these
Sections
were
not
submitted
to
EPA
for
SIP
approval.
The
annotation
of
§
§
335.204
­
335.205
is
included
in
this
TSD
to
show
that
these
Sections
are
equivalent
to
the
distance
limitation
for
Hazardous
Waste
Management
Facilities
which
were
formerly
located
at
§
116.112(
2).
The
regulatory
text
of
§
116.112
is
preceded
by
a
history
table
which
identifies
prior
actions
taken
by
the
TCEQ
and
EPA.
1
The
table
identifies
the
date
TCEQ
adopted
the
rule,
the
date
the
revisions
were
submitted
to
EPA,
the
date
of
EPA's
approval
(
if
applicable),
the
Federal
Register
(
FR)
citation
of
EPA's
approval
(
if
applicable),
and
any
comments.
The
cells
which
identify
previously
approved
submittals
are
shaded.

The
history
table
is
followed
by
an
annotation/
evaluation
table.
The
annotation/
evaluation
table
consists
to
two
columns
as
follows:
(
1)
text
of
the
submitted
rule
that
is
annotated
and
reviewed
(
with
underline
and
strikeout
indicators
to
indicate
how
the
previously
approved
provision
is
changed
in
this
revision);
and
(
2)
EPA's
evaluation
of
the
provision.

This
annotation
includes
the
text
as
adopted
by
Texas
and
submitted
to
EPA
for
approval.
The
annotation
procedure
for
the
left
column
is
as
follows:

Description
How
shown
in
annotation.

Current
SIP­
approved
text
which
is
unchanged
in
the
submitted
SIP
revisions
acted
upon
in
this
action.
NOTE:
This
applies
only
to
a
complete
Section,
Paragraph,
Subparagraph,
etc.
which
is
unchanged
in
the
submittal.
Bold
Print
­
Cell
shaded
20%

New
or
revised
Section,
Paragraph,
Subparagraph,
etc.
which
is
submitted
to
EPA
for
approval.
<
Existing
SIP­
approved
text
which
is
unchanged
appears
in
bold
print.

<
New
text
is
underlined.

<
Existing
SIP­
approved
text
which
is
removed
is
struck
out
APPENDIX
­
TECHNICAL
SUPPORT
DOCUMENT
Page
3
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
IV.
Annotation
of
§
116.112
§
116.112.
Distance
Limitations.
°
Version
annotated:
Adopted
by
TCEQ
January
14,
2004,
effective
February
4,
2004.

History
of
§
116.112.

Date
Adopted
by
State
Date
Submitted
to
EPA
Date
Approved
by
EPA
FR
Citation
Comments
02/
24/
96
06/
17/
98
03/
13/
96
07/
22/
98
09/
18/
02
67
FR
58697
12/
18/
02
01/
03/
03
09/
30/
03
68
FR
56176
01/
14/
04
02/
05/
04
Evaluation
of
§
116.112
Revised
Rule
Evaluation
§
116.112.
Distance
Limitations.
SECTION
TITLE:
APPROVED
09/
18/
02.

(
a)
For
any
facility
subject
to
the
notice
and
hearing
requirements
of
Subchapter
B,
Division
3
of
this
chapter
(
relating
to
Public
Notification
and
Comment
Procedures);
Chapter
39,
Subchapters
A,
D,
H,
or
K
of
this
title
(
relating
to
Applicability
and
General
Provisions,
Public
Notice
of
Air
Quality
Applications,
Applicability
and
General
Provisions,
and
Public
Notice
of
Air
Quality
Applications);
or
Chapter
122,
Subchapter
D
of
this
title
(
relating
to
Public
Announcement,
Public
Notice,
Affected
State
Review,
Notice
and
Comment
Hearing,
Notice
of
Proposed
Final
Action,
EPA
Review,
and
Public
Petition),
the
measurement
of
distances
to
determine
compliance
with
any
location
or
distance
limitation
requirement
in
Texas
Health
and
Safety
Code,
Chapter
382,
shall
be
taken
toward
structures
that
are
in
use
at
the
time
the
permit
application
is
filed
with
the
commission,
and
that
are
not
occupied
or
used
solely
by
the
owner
of
the
facility
or
the
owner
of
the
property
upon
which
the
facility
is
located.
NEW
¶
.
SUBMITTED:
02/
05/
04
­
Plain
text
Meets
40
CFR
51.160(
a)
and
51.163.
Approvable
because
it
and
strengthens
the
existing
regulations.

(
b)
The
following
facilities
must
satisfy
the
following
distance
criteria.
(
1)
Lead
smelters.
New
lead
smelting
plants
shall
be
located
at
least
3,000
feet
from
any
individual's
residence
where
lead
smelting
operations
have
not
been
conducted
before
August
31,
1987.
This
subsection
does
not
apply
to:
(
A)
a
modification
of
a
lead
smelting
plant
in
operation
on
or
before
August
31,
1987;
(
B)
a
new
lead
smelting
plant
or
modification
of
a
plant
with
the
capacity
to
produce
200
pounds
or
less
of
lead
per
hour;
or
(
C)
a
lead
smelting
plant
that
was
located
more
than
3,000
feet
from
the
nearest
residence
when
the
plant
began
operations.
APPROVED
09/
18/
02.
­
Bold
Rev
SUBMITTED:
02/
05/
04
­
Underlined
Designation
to
¶
(
b)
APPROVABLE
as
nonsubstantive
change.

(
2)
Hazardous
waste
permits.
Permits
for
hazardous
waste
management
facilities
shall
not
be
issued
if
the
facility
is
to
be
located
in
the
vicinity
of
specified
public
access
areas
under
the
following
circumstances.
APPROVED
09/
18/
02.
­
Bold
Rev
SUBMITTED:
02/
05/
04
­
REPEALED
­
Struck
out
NOTE:
Hazardous
waste
permits
are
now
evaluated
as
described
in
the
new
§
116.112(
c).
APPENDIX
­
TECHNICAL
SUPPORT
DOCUMENT
Page
4
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
Evaluation
of
§
116.112
Revised
Rule
Evaluation
(
A)
No
permit
shall
be
issued
for
a
new
hazardous
waste
landfill
or
land
treatment
facility
or
an
areal
expansion
of
an
existing
facility
if
the
boundary
of
the
facility
or
expansion
is
to
be
located
within
1,000
feet
of
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park.
Equivalent
to
30
TAC
335.204(
b)(
6)
&
(
e)(
6),
as
referenced
in
§
116.112(
c).

(
B)
No
permit
shall
be
issued
for
a
new
commercial
hazardous
waste
management
facility
or
the
subsequent
areal
expansion
of
such
a
facility
or
unit
of
that
facility
if
the
boundary
of
the
unit
is
to
be
located
within
½
mile
(
2,640
feet)
of
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park.
Equivalent
to
30
TAC
335.205(
a)(
3),
as
referenced
in
§
116.112(
c).

(
C)
For
a
subsequent
areal
expansion
of
a
new
commercial
hazardous
waste
management
facility
that
is
required
to
comply
with
subparagraph
(
B)
of
this
paragraph,
distances
shall
be
measured
from
a
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
only
if
such
structure,
water
supply,
or
park
was
in
place
at
the
time
the
distance
was
certified
for
the
original
permit.
Equivalent
to
30
TAC
335.205(
b),
as
referenced
in
§
116.112(
c).

(
D)
No
permit
shall
be
issued
for
a
new
commercial
hazardous
waste
management
facility
unless
the
applicant
demonstrates
that
the
facility
will
be
operated
so
as
to
safeguard
public
health
and
welfare
and
protect
physical
property
and
the
environment.
Equivalent
to
30
TAC
335.205(
a)(
4),
as
referenced
in
§
116.112(
c).

(
E)
The
measurement
of
distances
shall
be
taken
toward
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
that
is
in
use
when
the
permit
application
is
filed
with
the
commission.
The
restrictions
imposed
by
subparagraphs
(
A)
­
(
C)
of
this
paragraph
do
not
apply
to
a
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
a
dedicated
public
park
located
within
the
boundaries
of
a
commercial
hazardous
waste
management
facility,
or
property
owned
by
the
permit
applicant.
Equivalent
to
30
TAC
335.205(
c),
as
referenced
in
§
116.112(
c)

(
F)
The
measurement
of
distances
shall
be
taken
from
a
perimeter
around
the
proposed
hazardous
waste
management
unit.
The
perimeter
shall
be
no
more
than
75
feet
from
the
edge
of
the
proposed
hazardous
waste
management
unit.
Equivalent
to
30
TAC
335.205(
d),
as
referenced
in
§
116.112(
c)

(
2)
(
3)
Concrete
crushing
facilities.
A
concrete
crushing
facility
must
not
be
located
or
operated
within
440
yards
of
any
building
used
as
a
single
or
multi­
family
residence,
school,
or
place
of
worship
at
the
time
the
application
for
the
initial
authorization
for
the
operation
of
that
facility
at
that
location
is
filed
with
the
commission.
This
paragraph
does
not
apply
to
existing
concrete
crushing
facilities,
which
are
those
facilities
that
were
authorized
and
actually
located
or
operating
at
the
site
as
of
September
1,
2001
APPROVED:
09/
30/
03
­
Bold
Rev
SUBMITTED:
02/
05/
04
­
Plain
text
The
requirement
in
the
last
sentence
of
the
introductory
¶
of
§
116.112(
b)(
2)
was
relocated
to
§
116.112(
b)(
2)((
B),
with
revisions.
Approvable
as
clarification
of
which
buildings
the
facility
must
maintain
the
specified
distance
limitation.
APPENDIX
­
TECHNICAL
SUPPORT
DOCUMENT
Page
5
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
Evaluation
of
§
116.112
Revised
Rule
Evaluation
1Under
40
CFR
50.1:

(
e)
Ambient
air
means
that
portion
of
the
atmosphere,
external
to
buildings,
to
which
the
general
public
has
access.

Emphasis
added.

This
definition
excludes
as
ambient
air
the
portion
of
the
atmosphere
within
a
building.
Thus,
exempting
from
the
distance
limitation,
any
structures
occupied
or
used
solely
by
the
owner
of
the
facility
or
the
owner
of
the
property
upon
which
the
facility
is
located,
is
approvable
because
that
air
within
such
structures
is
not
ambient
air,
and
emissions
cannot
cause
or
contribute
to
a
violation
of
the
ambient
air
quality
standard.

2The
cross­
referenced
provisions
in
30
TAC
§
§
335.204
and
335.205
are
equivalent
to
the
former
provisions
of
§
116.112(
2).
See
the
following
annotation
of
§
§
335.204
and
335.205
which
follows
for
comparison
of
the
cross­
referenced
provisions
of
§
§
335.204
and
335.205
to
the
former
provisions
of
§
116.112(
2).
The
TCEQ
limited
applicability
of
the
cross­
referenced
provisions
to
§
335.204,
as
amended
and
adopted
in
the
August
22,
2003
issue
of
the
Texas
Register
(
28
TexReg
6915),
and
§
335.205,
as
amended
and
adopted
in
the
November
9,
2001
issue
of
the
Texas
Register
(
26
TexReg
9135).
Thus
hazardous
waste
management
facilities
must
comply
with
the
distance
limitations
in
the
specific
versions
of
§
§
335.204
and
335.205
identified
in
§
116.112(
c).
If
TCEQ
later
revises
§
§
335.204
and
335.205,
it
must
submit
appropriate
SIP
revision
to
EPA
to
incorporate
the
revised
versions
of
§
§
335.204
and
335.205
into
§
116.112
and
receive
EPA
approval
in
order
for
EPA
to
recognize
the
revised
versions
of
these
sections.
(
A)
The
measurement
of
distances
shall
be
taken
from
the
point
on
the
concrete
crushing
facility
nearest
to
the
residence,
school,
or
place
of
worship
to
the
point
on
the
building
in
use
as
a
residence,
school,
or
place
of
worship
that
is
nearest
the
concrete
crushing
facility.
Meets
40
CFR
51.160(
a)
and
51.163.
Approvable
because
it
clarifies
and
strengthens
the
existing
regulations.

(
B)
The
minimum
distance
limitation
and
measurement
requirements
of
this
paragraph
do
not
apply
to
concrete
crushing
facilities
that
were
authorized
to
operate
at
the
site
as
of
September
1,
2001.
This
¶
relocated
from
and
remains
equivalent
to
the
introductory
¶
of
former
§
116.112(
3).

(
C)
Unless
the
facility
is
located
in,
or
located
in
a
county
adjacent
to,
a
county
with
a
population
of
2.4
million
or
more,
the
minimum
distance
limitation
and
measurement
requirements
of
this
paragraph
do
not
apply
to
facilities
operated
on
a
site
during
one
period
of
no
more
than
180
calendar
days
that
crush
concrete
resulting
from
the
demolition
of
a
structure
on
that
site
for
use
primarily
at
that
site,
and
which
comply
with
all
applicable
conditions
stated
in
commission
rules,
including
operating
conditions.
Approvable
because
any
facility,
including
a
facility
described
in
this
¶
,
must
meet
the
approved
SIP
requirements
in
30
TAC
116.111(
2)(
A)(
i)­(
ii),
which
requires
protection
of
the
health
and
physical
property
of
the
people.

(
D)
The
minimum
distance
limitation
and
measurement
requirements
of
this
paragraph
do
not
apply
to
structures
occupied
or
used
solely
by
the
owner
of
the
facility
or
the
owner
of
the
property
upon
which
the
facility
is
located.
Approvable
consistent
with
the
definition
of
ambient
air
in
40
CFR
50.1(
e),
which
excludes
air
buildings.
1
(
c)
For
applicable
distance
limitations
at
hazardous
waste
management
facilities,
see
§
335.204
of
this
title
(
relating
to
Unsuitable
Site
Characteristics),
as
amended
and
adopted
in
the
August
22,
2003
issue
of
the
Texas
Register
(
28
TexReg
6915),
and
§
335.205
of
this
title
(
relating
to
Prohibition
of
Permit
Issuance),
as
amended
and
adopted
in
the
November
9,
2001
issue
of
the
Texas
Register
(
26
TexReg
9135).
NEW
¶
SUBMITTED:
02/
05/
04
­
Plain
text
REPLACES
provisions
formerly
in
§
116.112(
2).
2
APPENDIX
­
TECHNICAL
SUPPORT
DOCUMENT
Page
6
ANNOTATION
OF
§
116.112,
SUBMITTED
02/
05/
04
Texas
Commission
on
Environmental
Quality
Page
7
Chapter
335
­
Industrial
Solid
Waste
and
Municipal
Hazardous
Waste
V.
Annotation
of
§
§
335.204
and
335.205
SUBCHAPTER
G:
LOCATION
STANDARDS
FOR
HAZARDOUS
WASTE
STORAGE,
PROCESSING,
OR
DISPOSAL
§
§
335.204
­
335.205,
Effective
September
1,
2003
§
335.204.
Unsuitable
Site
Characteristics.
Adopted:
08/
06/
2003
Effective:
09/
01/
2003
*
*
*
*
*
(
b)
Land
treatment
facilities.
*
*
*
*
*

(
6)
A
land
treatment
facility
may
not
No
permit
shall
be
issued
for
a
new
hazardous
waste
facility
or
land
treatment
facility
or
an
areal
expansion
of
an
existing
facility
if
the
boundary
of
the
facility
or
expansion
is
to
be
located
within
1,000
feet
of
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
which
is
in
use
at
the
time
the
notice
of
intent
to
file
a
permit
application
is
filed
with
the
commission,
or
if
no
such
notice
is
filed,
at
the
time
the
permit
application
is
filed
with
the
commission.
The
measurement
of
distances
required
for
a
new
hazardous
waste
land
treatment
facility
shall
be
taken
from
a
perimeter
around
the
proposed
new
hazardous
waste
land
treatment
management
unit.
The
perimeter
shall
be
not
more
than
75
feet
from
the
edge
of
the
proposed
new
hazardous
waste
land
treatment
unit.
*
*
*
*
*
[
NOTE:
§
335.204(
b)(
6)
is
equivalent
to
§
116.112(
2)(
A)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
A).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
A)
but
not
in
§
335.204(
b)(
6).

(
e)
Landfills.
Any
surface
impoundment
to
be
closed
as
a
landfill
(
where
wastes
will
remain
after
closure
of
the
impoundment)
is
subject
to
the
requirements
for
landfills.
*
*
*
*
*

(
6)
A
landfill
may
not
No
permit
shall
be
issued
for
a
new
hazardous
waste
facility
or
land
treatment
facility
or
an
areal
expansion
of
an
existing
facility
if
the
boundary
of
the
facility
or
expansion
is
to
be
located
within
1,000
feet
of
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
which
is
in
use
at
the
time
the
notice
of
intent
to
file
a
permit
application
is
filed
with
the
commission,
or
if
no
such
notice
is
filed,
at
the
time
the
permit
application
is
filed
with
the
commission.
The
measurement
of
distances
required
for
a
new
hazardous
waste
landfill
shall
be
taken
from
a
perimeter
around
the
proposed
new
hazardous
waste
landfill.
The
perimeter
shall
be
not
more
than
75
feet
from
the
edge
of
the
proposed
new
hazardous
waste
landfill
unit.
[
NOTE:
§
335.204(
f)(
6)
is
equivalent
to
§
116.112(
2)(
A)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
A).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
A)
but
not
in
§
335.204(
b)(
6).

§
335.205.
Prohibition
of
Permit
Issuance.
Adopted:
10/
24/
2001
Effective:
11/
15/
2001
(
a)
The
commission
shall
not
issue
a
permit
for
any
of
the
following:

(
1)
a
new
hazardous
waste
management
facility
or
an
areal
expansion
of
an
existing
facility
if
the
facility
or
expansion
does
not
meet
the
requirements
of
§
335.204
of
this
title
(
relating
to
Unsuitable
Site
Characteristics);
[
§
335.205(
a)(
1)
refers
to
§
335.204
for
certain
requirements]
Texas
Commission
on
Environmental
Quality
Page
8
Chapter
335
­
Industrial
Solid
Waste
and
Municipal
Hazardous
Waste
*
*
*
*
*
(
3)
No
permit
shall
be
issued
for
a
new
commercial
hazardous
waste
management
facility
as
defined
in
§
335.202
of
this
title
(
relating
to
Definitions)
including
such
facilities
that
burn
or
propose
to
burn
waste­
derived
fuel,
as
defined
in
this
section,
or
the
subsequent
areal
expansion
of
such
a
facility
or
unit
of
that
facility
if
the
boundary
of
the
unit
is
to
be
located
within
½
of
a
mile
(
2,640
feet)
of
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park;
[
NOTE:
§
335.205(
a)(
3)
is
equivalent
to
§
116.112(
2)(
B)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
B).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
B)
but
not
in
§
335.204(
b)(
6).

(
4)
No
permit
shall
be
issued
for
a
new
commercial
hazardous
waste
management
facility
that
is
proposed
to
be
located
at
a
distance
greater
than
½
mile
(
2,640
feet)
from
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
unless
the
applicant
demonstrates
to
the
satisfaction
of
the
commission
that
the
facility
will
be
operated
so
as
to
safeguard
public
health
and
welfare
and
protect
physical
property
and
the
environment,
at
any
distance
beyond
the
facility's
property
boundaries;
or.
*
*
*
*
*
[
NOTE:
§
335.205(
a)(
4)
is
equivalent
to
§
116.112(
2)(
D)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
D).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
D)
but
not
in
§
335.204(
b)(
6).

(
b)
For
a
subsequent
areal
expansion
of
a
new
commercial
hazardous
waste
management
facility
that
is
required
to
comply
with
subsection
(
a)(
3)
of
this
section,
distances
shall
be
measured
from
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
only
if
such
structure,
water
supply,
or
park
was
in
place
at
the
time
the
distance
was
certified
for
the
original
permit.
[
NOTE:
§
335.205(
b)
is
equivalent
to
§
116.112(
2)(
C)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
C).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
C)
but
not
in
§
335.204(
b)(
6).

(
c)
The
measurement
of
distances
required
in
subsection
(
a)(
1),
(
3),
and
(
4),
and
subsection
(
b)
of
this
section
shall
be
taken
toward
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
water
supply,
or
dedicated
public
park
that
is
in
use
when
the
notice
of
intent
to
file
a
permit
application
is
filed
with
the
commission
or,
if
no
notice
of
intent
is
filed,
when
the
permit
application
is
filed
with
the
commission.
The
restrictions
imposed
by
subparagraphs
(
A)­(
C)
of
this
paragraph
subsection
(
a)(
1),
(
3),
and
(
4),
and
subsection
(
b)
of
this
section
do
not
apply
to
an
established
residence,
church,
school,
day
care
center,
surface
water
body
used
for
a
public
drinking
supply,
or
dedicated
public
park
located
within
the
boundaries
of
a
commercial
hazardous
waste
management
facility,
or
property
owned
by
the
permit
applicant.
[
NOTE:
§
335.205(
c)
is
equivalent
to
§
116.112(
2)(
E)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
E).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
E)
but
not
in
§
335.204(
b)(
6).

(
d)
The
measurement
of
distances
required
in
subsection
(
a)(
1),
(
3),
and
(
4),
and
subsection
(
b)
of
this
section
shall
be
taken
from
a
perimeter
around
the
proposed
hazardous
waste
management
unit.
The
perimeter
shall
be
not
more
than
75
feet
from
the
edge
of
the
proposed
hazardous
waste
management
unit.
[
NOTE:
§
335.205(
d)
is
equivalent
to
§
116.112(
2)(
F)]

<
Text
in
bold
is
the
same
as
in
former
§
116.112(
2)(
F).

<
Text
which
is
struck
out
was
in
former
§
116.112(
2)(
F)
but
not
in
§
335.204(
b)(
6).

(
e)
Nothing
in
this
subchapter
shall
be
construed
to
require
the
commission
to
issue
a
permit
notwithstanding
a
finding
that
the
proposed
facility
would
satisfy
the
requirements
of
§
335.203
of
this
title
(
relating
to
Site
Selection
to
Protect
Groundwater
or
Surface
Water)
and
notwithstanding
the
absence
of
site
characteristics
which
would
disqualify
the
site
from
permitting
pursuant
to
§
335.204
of
this
title.
*
*
*
*
*
