Regulatory Text: 
Chapter 118. Control of Air Pollution Episodes 

EPISODE CONTROL PROCEDURE 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

Outline:
§118.1. Generalized Air Pollution Episodes.
§118.2. Provisions Governing Generalized Episode Control. 
§118.3. Localized Air Pollution Episodes. 
§118.4. Hearings. 
§118.5. Emission Reduction Plan.
§118.6. Texas Air Pollution Episode Contingency Plan and Emergency Management Center.


§118.1. Generalized Air Pollution Episodes. 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

    (a) A generalized air pollution episode is a generalized condition of air pollution as specified in the Texas Clean Air Act (TCAA), Section 3.14(a), that requires immediate action to  protect human health or safety.  An episode may be declared for one or more air contaminants and will apply to any geographical area affected by the generalized condition of air pollution. 


    (b) A Level 1 (one) air pollution episode exists if the criteria specified in paragraphs (1) and (2) of this subsection are met. 

        (1) The concentration of any of the air contaminants is equal to or greater than the levels specified for Level 1 in Table 1. 

        (2) In the case of all air contaminants except ozone, meteorological conditions conducive to high levels of air contamination are predicted to continue for at least 12 hours. In the case of ozone, meteorological conditions conducive to high levels of ozone are likely to recur within the next 24 hours.  

    (c) A Level 2 (two) air pollution episode exists if the Executive Director determines that emergency reduction of emissions must be initiated to prevent the presence in the atmosphere of any of the air contaminants in the concentrations specified for Level 2 in Table 1.  These levels could cause significant harm to human health. 

 
TABLE 1 : AIR POLLUTION EPISODES - AMBIENT CONCENTRATION CRITERIA 
 

 
ppm = parts per million by volume 
ug  = microgram 
mg  = milligram 
M^3 = cubic meter 

*THESE CRITERIA DO NOT APPLY TO EPISODES CAUSED BY DUST STORMS. 

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§118.2. Provisions Governing Generalized Episode Control. 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

    (a) Whenever the Executive Director determines that a Level 1 air pollution episode exists, he shall issue an order, with the concurrence of the Governor, declaring a Level 1 air pollution episode.  A Level 1 episode may be declared for one or more air contaminants and may apply to any geographical area affected by the generalized condition of air pollution. Any person responsible for the operation of an emission source of a specified air contaminant in the designated area shall take the following actions:  

        (1) Determine the existing emission levels for all specified contaminants involved in the episode. 

        (2) Immediately implement all reasonably available methods to reduce the emission of the specified contaminant(s). 

        (3) Prepare to curtail operation of all affected emission sources in anticipation that a Level 2 episode will be declared.  


    (b) Whenever the Executive Director determines that the level of air contaminants is such that the levels specified for Level 2 in Table 1 may be reached unless emergency curtailment of source emissions is initiated, the Executive Director shall issue an order, with the concurrence of the Governor, declaring a Level 2 air pollution episode.  A Level 2 episode may be declared for one or more air contaminants and may apply to any geographical area affected by the generalized condition of air pollution.  If a Level 2 episode is declared, the Executive Director shall identify the primary sources of the specified contaminants and shall order those sources to curtail or cease operations in order to reduce those emissions as may be necessary to prevent the levels specified for Level 2 in Table 1 from occurring. 

    (c) The Executive Director shall notify all members of the Board of the issuance of an order declaring either a Level 1 or Level 2 air pollution episode as soon as practicable. 

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§118.3. Localized Air Pollution Episodes. 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

    Whenever the Executive Director determines that emissions from one or more air contaminant sources are causing localized imminent danger to human health or safety, but that there is not a generalized condition of air pollution of the type referred to in the Texas Clean Air Act, Section 3.14(a), the Executive Director shall order the person or persons responsible for the emissions to reduce or discontinue the emissions immediately.  In such event, the notice and hearing requirements of §118.4 of this title (relating to Hearings) shall apply. 

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§118.4. Hearings. 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

    Any emission reduction order issued by the Executive Director under the provisions of §118.2(a) or (b) of this title, relating to Provisions Governing Generalized Episode Control, or §118.3 of this title, relating to Localized Air Pollution Episodes, shall set a time and place for a hearing pursuant to the Texas Clean Air Act, Section 3.14, to be held before the Board as soon as practicable after the order is issued.  The Executive Director shall give such general notice of the hearing as in his judgment is practicable under the circumstances. 

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§118.5. Emission Reduction Plan. 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

    Any owner or operator of a major stationary source in El Paso, Galveston, Harris, Jefferson, and Orange counties which emits 100 tons or more per year of any air contaminant specified in Table 1 of §118.1 of this title (relating to Generalized Air Pollution Episodes) or volatile organic compounds (VOC) shall prepare and maintain an emission reduction plan.  A plan for any existing source shall be completed within six months after the effective date of this section.  A plan for any new or modified source shall be completed within six months after the source begins operations.  The emission reduction plan shall be made available to any representative of the Texas Natural Resource Conservation Commission or local air pollution control agency upon request and shall contain at least the following: 

        (1) Identification of all sources of air contaminants specified in Table 1 and VOC to account for at least 95% of the total major stationary source emissions for each contaminant specified in Table 1 and VOC; 

        (2) The approximate amount of each air contaminant specified in Table 1 and VOC from each facility; 

        (3) A description of the specified actions to be taken during a Level 1 episode and the amount of emissions reduction expected for each air contaminant specified in Table 1 and VOC; 

        (4) A description of specific actions to be taken to curtail or cease operations if so directed during a Level 2 episode; 

        (5) Identification of processes which require relatively lengthy shutdown procedures and of practical limits of production curtailment to prevent equipment damage; and 

        (6) Identification of processes which, under conditions of curtailed production, would affect adversely the activities of raw materials suppliers or product users. 

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§118.6. Texas Air Pollution Episode Contingency Plan and Emergency Management Center. 

(As approved by EPA 09/06/90 (55 FR 36632) at 52.2270(c)(71) effective 11/06/90.) 

    The Executive Director shall cause to be prepared a contingency plan which will include detailed procedures for public notification of actual or impending air pollution episodes; actions required by Texas Natural Resource Conservation Comission (TNRCC) personnel and local air pollution control personnel; notification of public officials; and transmission of information to contiguous states as may be necessary.  Also, the Executive Director shall establish an Emergency Management Center and shall designate TNRCC personnel to conduct corrective activities during impending or actual air pollution episodes. 

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