Regulatory Text: 
Texas Commission on Environmental Quality

Chapter 111 - Control of Air Emissions from Visible Emissions and Particulate Matter

Subchapter A : Visible Emissions and Particulate Matter

DIVISION 1 : VISIBLE EMISSIONS, §111.111, §111.113
Undesignated heading VISIBLE EMISSIONS moved to new Subchapter A adopted by TNRCC August 21, 1996 effective September 16, 1996 (1-17) [Regulations.gov document EPA-R06-OAR-2005-TX-0028-0004 [TX034-04]]; and redesignated Subchapter A, Division 1, adopted by TNRCC May 17, 2000 effective June 11, 2000 (1-18).

Approved by EPA April 28, 2009 (74 FR 19144) effective May 28, 2009 (TXd103), Regulations.gov docket EPA-R06-OAR-2005-TX-0028 [TX034].
NOTE:  The revisions adopted by TNRCC May 17, 2000 (1-18) were never submitted to EPA as a SIP revision. In this Federal Register action, EPA approved only the new Division designations in order to be consistent with the current Texas Chapter 111 designations.

Outline:
§111.111(a),(b).  Requirements for Specified Sources. 1-15, TXc94
§111.111(c).  Requirements for Specified Sources. 1-12, TXc79
§111.113.  Alternate Opacity Limitations. 1-07, TXc94

NOTE: The left justified number before paragraphs of sections approved into the SIP before July 7, 1999 is the subparagraph of 40 CFR 52.2270(c) [now 40 CFR 52.2299(c)] where the paragraph was last approved by EPA.  For example, "94E" before a paragraph means the paragraph was last approved by EPA at 52.2270(c)(94)(i)(E) [now 52.2299(c)(94)(i)(E)].  Section 40 CFR 52.2270 was moved to 40 CFR 52.2299 in a Federal Register action published July 7, 1999 (64 FR 36586).  See the Texas SIP Map document in the EPA Region 6 SIP-Approved Regulations web site for more information.


§111.111.  Requirements for Specified Sources.

Subsections 111.111(a) and 111.111(b):
As adopted by TACB June 18, 1993 effective July 23, 1993 (1-15).
Approved by EPA May 8, 1996 (61 FR 20734) effective June 7, 1996 (TXc94).

Subsection 111.111(c):
As adopted by TACB October 25, 1991 effective February 12, 1992 (1-12).
Approved by EPA January 18, 1994 (59 FR 02532) at 52.2270(c)(79) effective February 17, 1994 (TXc79).

See the Texas SIP Map document for the meaning of the left-justified numbers.

94A    (a)  Visible Emissions.  No person may cause, suffer, allow, or permit visible emissions from any source, except as follows: 

94A         (1)  Stationary Vents.  Visible emissions from any vent shall not exceed the following opacities and must meet the following requirements:

94A              (A)  Opacity shall not exceed 30 percent averaged over a six-minute period. 

94A              (B)  Opacity shall not exceed 20 percent averaged over a six-minute period for any source on which construction was begun after January 31, 1972.

94E              (C)  Opacity shall not exceed 15 percent averaged over a six-minute period for any source having a total flow rate greater than or equal to 100,000 actual cubic feet per minute, unless an optical instrument capable of measuring the opacity of emissions is installed in the vent in accordance with subparagraph (D) of this paragraph.  Facilities utilizing such instruments shall meet opacity limits outlined in §111.111(a)(1)(A) or (B) as applicable.  Records of all such measurements shall be retained as provided for in §101.8 of this title (relating to Sampling). 

94E              (D)  Any opacity monitoring system installed as provided for in subparagraph (C) of this paragraph must satisfy the New Source Performance Standards requirement for opacity continuous emission monitoring systems (CEMS) as contained in 40 Codes of Federal  Regulations (CFR) Part 60, Appendix B, Performance Specification 1.  In order to demonstrate compliance with Performance Specification 1, the system shall undergo performance specification testing as outlined in 40 CFR 60.13.  The facility will maintain records of all such testing for a period of not less than two years which shall be available for inspection by federal, state, and local air pollution control agencies.  Compliance with this provision shall be accomplished within one year of the effective date of this rule, except as specified in paragraph (2) of this subsection.

94A              (E)  Visible emissions during the cleaning of a firebox or the building of a new fire, soot blowing, equipment changes, ash removal, and rapping of precipitators may exceed the limits set forth in this section for a period aggregating not more than six minutes in any 60 consecutive minutes, nor more than six hours in any ten-day period.  This exemption shall not apply to the emissions mass rate standard, as outlined in §111.151(a) of this title (relating to Allowable Emissions Limits).

94E              (F)  Compliance with subparagraphs (A), (B), and (C) of this paragraph shall be determined by applying the following test methods, as appropriate.  The highest reading obtained shall determine
compliance with the appropriate visible emission limit:
                      (i) CEMS as described in paragraph 111.111(a)(1)(D),
                      (ii) Test Method 9 (40 CFR 60, Appendix A),
                      (iii) Alternate Method 1 to Method 9 Light  Detection and Ranging (40 CFR 60, Appendix A), or
                      (iv) Equivalent test method approved by the Executive Director of the Texas Air Control Board (TACB) and the U.S. Environmental Protection Agency (EPA).

94E              (G) Current certification of opacity readers for determining opacities under 40 CFR 60, Appendix A, Method 9, shall be accomplished by the successful completion of a TACB Visible Emissions Evaluator's course by opacity readers no more than 180 days of the opacity reading.

94E         (2)  Sources Requiring Continuous Emission Monitoring.
                 Beginning March 1, 1994, all stationary vents located at the sources specified in this paragraph shall be equipped with a calibrated and properly operating CEMS for opacity.  The system shall be calibrated, installed, operated, and maintained as specified in 40 CFR 51, Appendix P, hereby incorporated by reference.

94E              (A)  Steam generators fired by solid fossil fuel with an annual average capacity factor of greater than 30 percent, as reported to the Federal Power Commission for calendar year 1974, and with a heat input of greater than 250 million Btu per hour.

94E              (B)  Steam generators that burn oil or a mixture of oil and gas and are not able to comply with the applicable particulate matter and opacity regulations without the use of particulate matter collection equipment, and have been found to be in violation of any visible emission standard contained in a State Implementation Plan.

94E              (C)  Catalyst regenerators for fluid bed catalytic cracking units of greater than 20,000 barrels per day of total feed capacity.

94E         (3)  Exemptions from Continuous Emissions Monitoring Requirements.  Opacity monitors shall not be installed or used to determine opacity from any gas stream or portion of a gas stream containing condensed water vapor which could interfere with proper instrument operation, as determined by the Executive Director.  Opacity monitoring techniques as listed in (a)(1)(F) of this section may be substituted with the approval of the Executive Director and the EPA, the highest reading of which will be used to determine compliance with the appropriate opacity standard.  If opacity is determined through 40 CFR 60, Appendix A, Method 9, readings shall be made daily, unless weather or other conditions prevent visual observation.

94E         (4)  Gas Flares.

94G              (A)  Visible emissions from a process gas flare shall not be permitted for more than five minutes in any two-hour period, except as provided in §101.11(a) of this title (relating to Exemptions from Rules and Regulations).  Process gas flares are those used in routine or scheduled facility operations.  Acid gas flares, as defined in §101.1 of this title (relating to Definitions), are subject only to the provisions of subsection (a)(1) of this section.  Beginning September 1, 1993, compliance with this subparagraph for process gas flares shall be determined: 

94G                   (i)  anytime there is an operational change in the flare that requires a permit amendment under TNRCC Regulation VI.  Compliance shall be determined using Reference Method 22 (40 CFR 60, Appendix A), Reference Method 9 (40 CFR 60, Appendix A), or an alternative test method approved by the Executive Director and the U.S. Environmental Protection Agency (EPA).  The observation period for this compliance demonstration shall be no less than two hours unless noncompliance is determined in a shorter time period or operational changes are made to the flare that stop any observed smoking; and

94G                   (ii)  by a daily notation in the flare operation log that the flare was observed including the time of day and whether or not the flare was smoking.  For flares operated less frequently than daily, the observation will be made for each operation.  The flare operator shall record at least 98 percent of these required observations.  If smoking is detected, compliance with the emission limits of this paragraph shall be determined using Reference Method 22, Reference Method 9, or an alternative test method approved by the Executive Director and EPA.  The observation period for this compliance determination shall be no less than two hours unless noncompliance is determined in a shorter time period or operational changes are made to the flare that stop the smoking.  A Method 22 or Method 9 observation will be waived provided the operator reports the flare to be in an upset condition under the requirements of §101.6 of this title (relating to Notification Requirements for Major Upset).

94G              (B)  Flares used only during emergency or upset conditions are exempt from the compliance monitoring requirements of subparagraph (A)(i) and (A)(ii) of this paragraph.

94E         (5)  Motor Vehicles.  Motor vehicles shall not have visible exhaust emissions for more than ten consecutive seconds.  Compliance shall be determined as specified in 40 CFR 60, Appendix A, Method 22.

94C         (6)  Railroad Locomotives or Ships. 

94C,E            (A)  Visible emissions shall not be permitted from any railroad locomotive, ship, or any other vessel to exceed an opacity of 30 percent for any five-minute period, except during reasonable periods of engine start-up. 

94E              (B)  Compliance with subparagraph (A) of this paragraph shall be determined by applying the following test methods, as appropriate:
94C,E                 (i)  Test Method 9 (40 CFR 60, Appendix A), or
94E                   (ii)  equivalent test method approved by the Executive Director and the EPA.

94C,E       (7)  Structures.

94C,E            (A)  Visible emissions shall not be permitted to exceed an opacity of 30 percent for any six-minute period from any building, enclosed facility, or other structure.

94E              (B)  Compliance with subparagraph (A) of this paragraph shall be determined by applying the following test methods, as appropriate:
                      (i)  Test Method 9 (40 CFR 60, Appendix A), or
                      (ii)  equivalent test method approved by the Executive Director and the EPA.
94C         (8)  Other Sources. 

94C,E            (A)  Visible emissions shall not be permitted to exceed an opacity of 30 percent for any six-minute period from all other sources not specified in §111.111 of this title (relating to Requirements for Specified Sources).

94E              (B)  Compliance with subparagraph (A) of this paragraph shall be determined by applying the following test methods, as appropriate:
                      (i)  Test Method 9 (40 CFR 60, Appendix A), or
                      (ii)  equivalent test method approved by the Executive Director and the EPA.


94A    (b)  Compliance Determination Exclusions.
       Contributions from uncombined water shall not be included in determining compliance with this section.  The burden of proof which establishes the applicability of this subsection shall be upon the person seeking to come within its provisions.


79C    (c)  Solid Fuel Heating Devices.

79C         (1)  Operating Restrictions.
            In the City of El Paso, including the Fort Bliss Military Reservation, no person shall operate a solid fuel heating device during a period when National Weather Service data indicates that an atmospheric stagnation condition exists or is predicted to exist.  For the purposes of this section, a solid fuel heating device shall be defined as any fireplace, wood heater, wood stove, wood-fired boiler, coal-fired furnace, or similar device burning any solid fuel which is used for aesthetic, cooking (excluding commercial cooking), or heating purposes, and located inside a building.

79C         (2)  Exemptions.
79C         An exemption from the requirements of this section may be granted by the Executive Director of the TNRCC if one or more of the following conditions are met:

79C              (A)  The solid fuel heating device is in a period of burn down; that is, a period of time not to exceed three hours for the cessation of combustion within the device.

79C              (B)  The solid fuel heating device is the sole source of heat for the building in which it is situated.

79C              (C)  The solid fuel heating device becomes the sole source of heat within the building because of a temporary power loss.

***end tx 111.111***1-15***1-12***********************TXc94***TXc79***m7d***


§111.113.  Alternate Opacity Limitations.
As adopted by TACB June 16, 1989, effective July 18, 1989 (1-07).
Approved by EPA May 8, 1996 (61 FR 20734) at 52.2270(c)(94) effective June 7, 1996 (TXc94).

94A    The owner or operator of any facility who is unable to meet the opacity limitations of §111.111(a)(1)(A) and (B) of this title (relating to Requirements for Specified Sources) with available and economically reasonable control technology may apply to the Texas Air Control Board (TACB) for approval of an alternate limit.  Within 60 days after receipt of an application, the TACB staff will either determine that the application is complete or will determine that it is incomplete and provide a written list of deficiencies.  There shall be no more than 180 days between the initial application and the issuance of a certification of completeness by the Executive Director.  Failure to obtain such certification shall result in a voiding of the application.  Within ninety days after issuance of the certification of completeness, an adjudicative public hearing will be conducted in accordance with the requirements of §103.31 of this title (relating to Calling the Hearing), §103.32 of this title (relating to Petition for Hearing Other Than a Petition for the Adoption of Rules), §103.33 of this title (relating to Action on Request for a Hearing), §103.34 of this title (relating to Docket of Hearings) and the undesignated head of this title (relating to Adjudicative Hearings).  The application will be approved if the applicant provides for the hearing record a preponderance of evidence which substantiates that emissions resulting from the alternate opacity limit will not result in an exceedance of any ambient air quality standard or other ambient air concentration limit prescribed by the TACB or exacerbate any existing exceedance or cause or  contribute to a nuisance as defined in §101.4 of this title (relating to Nuisance) and that:

94A         (1)  All applicable concentration and masa limitations are met; and

94A         (2)  The facility has failed to meet the applicable opacity limitation during performance tests conducted with both the affected facility and the air pollution control equipment needed to comply with TACB regulations, and which were operating in a manner consistent with good engineering practice for minimizing the opacity of the emissions; and

94A         (3)  It is technically impractical or economically unreasonable for the facility to comply with the established opacity limits.