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NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO 30 TAC CHAPTER 117 AND TO THE STATE IMPLEMENTATION PLAN

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Published in The Ellis County Press one time on Thursday, Aug. 20, 2009

NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO 30 TAC CHAPTER 117 AND TO THE STATE IMPLEMENTATION PLAN

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds; Subchapter B, Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone Nonattainment Areas; Division 4, Dallas-Fort Worth (DFW) Ozone Nonattainment Area Major Sources; Section 117.403(a) (12) and to the state implementation plan under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102, of the United States Environmental Protection Agency concerning state implementation plans.

The proposed rulemaking would amend 30 TAC Subchapter B, Division 4, §117.403(a)(12) to expand the exemption from the current rule to include low-temperature drying ovens and curing ovens used in wet-laid, non-woven fiber mat manufacturing as well as low temperature drying ovens used in mineral wool-type fiberglass manufacturing at major sources of nitrogen oxides (NOX) in the DFW eight-hour ozone nonattainment area. Current §117.403(a)(12) exempts from Chapter 117, curing ovens used in mineral wool-type fiberglass manufacturing in which nitrogen-bound chemical additives are used. During the recent DFW eight-hour ozone nonattainment area rulemaking under Chapter 117, a provision was added under §117.403(a)(12), in response to comment to exempt curing ovens used in mineral wool-type fiberglass manufacturing in which nitrogen-bound chemical additives are used because of technical feasibility issues with controlling NOX emissions from curing ovens of this specific operation. While the type of manufacturing is different from that specified in the current rule exemption, the technical feasibility issue described is similar to the issue that is the basis of the current exemption in §117.403(a)(12).

A public hearing for the proposed rulemaking and SIP revisions has been scheduled at the Ennis Public Library, 501 W. Ennis Avenue on September 17, 2009, at 2:00 p.m. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no discussion during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Charlotte Horn, Texas Register Team, Office of Legal Services, at (512) 239-0779. Requests should be made as far in advance as possible.

Comments may be submitted to Michael Parrish, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2009-023-117-EN. Comments must be received by September 28, 2009. Copies of the proposed rules can be obtained from the commission’s Web site at http://www.tceq.state.tx.us/nav/rules/propose _adopt.html. For further information, please contact Bogdan Slomka, Air Quality Planning Section, at (512) 239-1709.

Issued in Austin, Texas, on August 12, 2009.

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Nelson Propane

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