Proposed Regulatory Changes in Texas Air Quality Standards and Compliance for Bexar County and DFW Area

In a recent development, the Texas Commission on Environmental Quality (TCEQ) has proposed rule changes to address the nonattainment status of Bexar County in and around San Antonio, and the Dallas-Fort Worth (DFW) area, affecting ten North Texas counties. This adjustment, driven by Environmental Protection Agency (EPA) air monitoring data, signifies significant revisions in the regulatory landscape for ozone, specifically targeting nitrogen oxides (NOx) and volatile organic compounds (VOCs).

Bexar County's Transition: Bexar County is transitioning from marginal to moderate nonattainment status. This shift carries implications for major source thresholds, particularly for stationary gas turbines and specified engines at major Utility Electric Generation Sources. The major source threshold for Bexar County is set at 100 tons per year (tpy), with specific control requirements for the use of Cutback and Emulsified Asphalt.

DFW Area's Escalation: Conversely, the DFW counties are moving from serious to severe nonattainment status. These counties include Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise. The major source threshold for NOx and VOCs in this region is being halved, decreasing from 50 tpy to 25 tpy. This adjustment mandates that stationary sources exceeding 25 tpy are classified as major sources, subjecting them to EPA Title V permitting, along with additional recordkeeping and emissions control obligations.

Implications of Major Source Thresholds: Understanding the major source thresholds is crucial for compliance. For DFW, this means heightened scrutiny and regulatory obligations for stationary sources emitting over 25 tpy. Similarly, Bexar County's major source threshold of 100 tpy necessitates compliance with specific control requirements for the use of Cutback and Emulsified Asphalt, as well as numerous stationary sources of VOCs including coatings, petroleum liquid transfer and storage, stationary gas turbines, designated engines and many more.

Cutback and Emulsified Asphalt Requirements: Rule (115.512(a)(2)) introduces Bexar County to ozone season restrictions, prohibiting the use of conventional cutback asphalt containing VOC solvents for paving roadways, driveways, or parking lots from April 16 to September 15 annually. The document outlines specific limits for VOC content in emulsions and seal coats, ensuring environmental responsibility in asphalt-related activities.

TCEQ Reporting and Fees

Tier II Chemical Reports must be submitted to TCEQ before March 1. These reports detail hazardous chemical storage and handling.

Hot Mix Asphalt Plants must submit DMRs under the TXR050000 Stormwater General Permit by March 31. Even if there was no discharge, submitting a "No Discharge" report through NetDMR is mandatory.

Annual Water Quality Fees

Facilities under the TXR050000 Stormwater General Permit face annual water quality fees, typically around $200. Invoices are due within 30 days, ensuring continued compliance with water quality standards.

TCEQ’s Annual Emissions/Inspection Fees

Expect TCEQ’s annual emissions/inspection fee forms in early April. For operating asphalt plants, fees are due if expected to operate in the upcoming fiscal year. Non-operating plants submit forms, marking the facility as idle to avoid invoices. Inspection fees for active asphalt plants are around $2,000 per year.

TCEQ and Drones

TCEQ utilizes drones for efficient field investigations and emergency response events. With 42 UASs and FAA-certified pilots, this integration enhances environmental oversight, showcasing TCEQ's commitment to advanced and comprehensive monitoring.

These regulatory changes underscore the evolving landscape of environmental standards, necessitating vigilance and adherence to compliance measures. Stakeholders in Bexar County and the DFW area must stay informed and implement necessary adjustments to align with the revised nonattainment statuses and associated requirements. Furthermore, staying proactive in reporting and fee obligations ensures a commitment to environmental responsibility and regulatory compliance in the long run.

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