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John Howard Memo
4/25/97

Howard April memo

Above is a photo copy of John Howard memo (Bush's environmental advisor) dated April 25, 1997. The text of the memo is detailed below. Also included are links to the individual images of each page of the original memo which are readable. The memo has four pages including the cover letter. Each gif image of the memo is about 21kb.

On the cover letter, as a hand written side note, appear the words "1st proposal from Exxon/Marathon".

Page 1, Page 2, Page 3, Page 4.

OFFICE OF THE GOVERNOR GOVERNOR
GEORGE W. BUSH
POLICY OFFICE
 
MEMORANDUM
TO: Ralph Marquez
FAX: 239-5533
FROM: John Howard, 475-2288
DATE:4-25-97
MESSAGE: "Let's Talk"
 
NUMBER OF PAGES INCLUDING COVER: 4

IF THE TOTAL NUMBER OF PAGES ARE NOT RECEIVED, PLEASE CALL (512) 463-2198.

CONFIDENTIALITY NOTICE

This facsimile contains information that is confidential, letter. Any disclosure, copying distribution or use of this information by any person other than the intended recipient is prohibited. If have received this facsimile, in error please notify us by telephone immediately at (512) 463-2198 so that we can arrange for the retrieval of the transmitted documents at no cost to you.

POLICY OFFICE POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 FAX (512) 463-1975

 
PERMITTING GRANDFATHERED FACILITIES
TEXAS VOLUNTARY INITIATIVE

Program Concepts

Objective

To permit grandfathered facilities through an extensive voluntary industry program, and to document facilities' authorization to operate.

Framework

  • Many grandfathered facilities, especially in ozone nonattainment areas, have controls essentially equivalent to what would be required by a new permit.

  • Many grandfathered facilities can be shown to have no adverse health impacts, with control upgrades not warranted.

  • It is recognized that streamlined review procedures can be utilized that provide appropriate protection, yet are flexible enough to encourage broad participation.

  • Where impacts are found mutually agreed upon, cost effective solutions will be implemented as a basis for permitting.

Scope

  • The program will recognize the different sizes and potential impacts of grandfathered facilities.
    -A reasonable de minimis emission level that represents no significant health impact will be determined and those facilities will be deemed permitted and no longer considered grandfathered.
    -Facilities would not be included in the program if business considerations such as impending sale, shutdown, or other similar considerations warranted.

  • It is intended that streamlined impact review procedures will be utilized to identify facilities that meet existing TNRCC control requirements and, as such, will be permitted. The following categories will be used to identify those grandfathered facilities that qualify for permits under the streamlined impacts review process:
    -Those that meet conditions of standard exemptions or standard permits either as is or with minor facility modification.
    -Those that are determined to have adequate controls.
    -Those that are determined to be analogs or "look-a-likes" to facilities that are already permitted.
    -Those that will meet control requirements after required future MACT or RACT modifications.

  • For those facilities which do not meet the streamlined review, criteria, a more detailed analysis to assess health impacts would be conducted.
    -It is anticipated that In most cases, the TNRCC and the facility operator will reach agreement on adequacy of current controls or appropriate control action to address identified health impacts.
    -Such agreement will be based on sound science, supportable cost end benefit considerations, and demonstrated need.
    -Where agreement cannot be reached that the facility is contributing to a health Impact that warrants emission controls, no permit will be issued.

  • TNRCC will work with industry consistent with these program concepts to promote greater participation which ultimately results in an improved emissions management program for the State.
    -Certain incentives, such as a recognition program for participants, may be appropriate to encourage participation.
    -The grandfathered facility permit program will not be used to address general air quality improvement issues such as ozone non-attainment.
    -The voluntary program will create no additional authority beyond TNRCC's current authority to enforce the TCAA.
    -The program will recognize emission reductions on the same schedule and in the same manner as required under state and federal rules.
    -To better depict the status of facilities permitted in Texas, the TNRCC would modify its database to reflect the significant number of facilities permitted by rule and authorized by standard exemption.

    Benefits

  • The voluntary program will have significant benefits to the people of Texas, government, and businesses.
    -A more accurate emissions inventory to better predict attainment of air quality standards.
    -Clearer definition of facility emissions limits.
    -Allow companies to more efficiently demonstrate compliance.
    -Improve public confidence that health and environment protection needs are being met.

 
cc: Terral Smith

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