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Texas SIP: 30 TAC 113 (Reg 3) - Control of Air Pollution from Toxic Materials: NOT in SIP effective February 10, 2015 (TXd164)

Regulatory Text: 
Texas Commission on Environmental Quality

Repeal of Chapter 113 – Control of Air Pollution from Toxic Materials.

Adopted by Texas Natural Resource Conservation Commission (TNRCC) January 13, 1999, 
effective February 4, 1999, submitted to EPA February 5, 1999 (3-13): 
Repeal of certain lead emission rules covering sources in Dallas and El Paso counties.

Approved by EPA December 12, 2014 (79 FR 73842), effective February 10, 2015 (TXd164),
Regulations.gov docket EPA-R06-OAR-2005-TX-0002-0003 [TX008.03].

Below is the Chapter 113 SIP-related historical information in this 
web site prior to removal of Chapter 113 from the Texas SIP:


Outline:
SUBCHAPTER A. INORGANIC FLUORIDE COMPOUNDS AND BERYLLIUM, §§113.1-113.13 -- NOT in Texas SIP
SUBCHAPTER B : LEAD FROM STATIONARY SOURCES
  Read Me: Texas Regulation III (30 TAC Chapter 113) in Texas SIP
  NONFERROUS SMELTERS IN EL PASO COUNTY, §§113.31-113.37
  LEAD SMELTERS IN DALLAS COUNTY, §§113.41-113.48
  ALTERNATE CONTROLS, §§113.51-113.54 -- NOT IN SIP
  COMPLIANCE AND CONTROL PLAN REQUIREMENTS: El Paso County, §§113.61-113.64
  COMPLIANCE AND CONTROL PLAN REQUIREMENTS: Dallas County, §§113.65-113.68
*************************end outline****************************


SUBCHAPTER A. INORGANIC FLUORIDE COMPOUNDS AND BERYLLIUM -- NOT in Texas SI

Sections 113.1 - 113.13: NOT in Texas SIP  

****************** end subchapter A ***********************87b**
This SIP Citation Was Last Modified on: 05/30/98


SUBCHAPTER B : LEAD FROM STATIONARY SOURCES

Read Me: Texas Regulation III (30 TAC Chapter 113) in Texas SIP

      A table at the end of this Read Me lists the old and new sections, section titles, and ID section for when old pre-recodification sections of Regulation III were approved into the current Texas SIP.

Summary of Revisions to Regulation III published in Federal Register
 

Texas: Current Identification
of Plan Section Number in
40 CFR Part 52
Federal Register
Date & Page Number
SIP 
Effectve 
Date
52.2270(c)(55) Added as (c)(54)
for Dallas County
08/15/84  (49 FR 32580) 08/15/84
52.2270(c)(56) Added as (c)(55)
for El Paso County
08/13/84  (49 FR 32190) 09/12/84
52.2270(c)(65)
Revisions for El Paso County
05/06/88  (53 FR 16263) 06/06/88
52.2270(c)(114)
Recodification
10/21/98  (63 FR 56083) 12/21/98
* * *



Background of SIP-approved Regulation III

      The lead control plan for secondary lead smelters in Dallas County was approved by EPA 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  The plan included Regulation 3 sections 113.41, 113.42, 113.43, 113.51, 113.52, 113.53, 113.71, 113.121, 113.122, 113.123, 113.124, 113.125.

      The lead control plan for nonferrous smelters in El Paso County was approved by EPA 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  The plan included Regulation 3 sections 113.81, 113.83, 113.84, 113.85, 113.87, 113.88, 113.91, 113.92,  113.125, 113.126, 113.127, 113.128.

      A revision to the table in section 113.71 approved by EPA May 6 1988 (53 FR 16263) at 52.2270(c)(65) effective June 6, 1988, revised the lead emission limits for certain vent gas streams at nonferrous smelters operations in El Paso County as of September 9, 1983.

      The Texas Air Control Board (TACB) became the Air Division of the Texas Natural Resources Conservation Commission (TNRCC) on September 1, 1993.  The TACB air quality control regulations were transferred from Title 31 of the Texas Administrative Code (31 TAC) to new Title 30 of the Texas Administrative Code (30 TAC).

      On June 25, 1997, the TNRCC adopted repeal of sections in Regulation 3 and replaced them with new sections.  On August 21, 1997, the Governor of Texas submitted the new sections of Regulation 3 to EPA to replace the old sections of Regulation 3 in the Texas SIP.  EPA approved the new recodified sections of Regulation 3 on October 21, 1998 (63 FR 56083 to 56086) at 52.1920(c)(114) effective December 21, 1998.

For more information, see 40 CFR Part 52, Subchapter SS -- Texas, Section 2270, and the cited Federal Registers.


ERROR IN 40 CFR 52.2270(c)(114) ADDED BY EPA OCTOBER 21, 1998 (63 FR 56085) APPROVING RECODIFICATION OF REGULATION III. 

     The list of sections being approved should not include 113.52.  Section 113.52 replaces old section 113.112 in the undesignated heading ALTERNATE CONTROLS.  None of the ALTERNATE CONTROLS sections had ever been approved by EPA into the SIP.  Also, the preamble of the October 21, 1998 Federal Register, near the end of page 56083 states that EPA is taking no action on old Sections 111, 112, 113, and 114 since these sections had not previously been approved into the SIP.

COMPARISON OF THE OLD AND NEW SIP REGULATIONS

The October 21, 1998 Federal Register action contained the following statement:

      "The EPA has not reviewed the substance of these regulations at this time. These rules were approved into the SIP in previous rulemakings. The EPA is now merely approving the renumbering system submitted by the State. The EPA's approval of the renumbering system, at this time, does not imply any position with respect to the approvability of the substantive rules. To the extent the EPA has issued any SIP calls to the State with respect to the adequacy of any of the rules subject to this recodification, the EPA will continue to require the State to correct any such rule deficiencies despite the EPA's approval of this recodification."

NOTE: the following discussion is strictly my observations after a quick comparison of the new sections with the old SIP-approved sections.  There may be errors in this discussion.  Bill Deese, January 1999.

      Except for new section 113.62 (old 113.122, Dates for Control Plan Submission and for Final Compliance in El Paso County), and new section 113.66 (old 113.126, Dates for Control Plan Submission and for Final Compliance in Dallas County), the only changes to Regulation III is that “Texas Air Control Board” and “TACB” was changed to “commission” and “Executive Director” was changed to “executive director” (i.,e, lower case) and the outlines were corrected in new sections 113.33 and 113.34.  There are also minor changes in the citations of references to other sections of Regulation III.  None of the changes appear to change the meaning of Regulation III.

      As stated above, the only sections significantly different in the new sections was sections 113.62 and 113.66.  The old sections (113.122 and 113.126, respectively) listed compliance dates whereas the new sections were adopted after the required compliance dates for each applicable section of Chapter 113.  The new sections are reworded based on compliance dates that have already passed.

      The text of both the new and old and new sections of new sections 113.62 and 113.66 are included in the regulations in this directory.  For the rest of the sections, only the text of the new section is included.

 30 TAC Chapter 113 Subchapter B: Lead From Stationary Sources
New SIP
Citation
Old SIP
Citation
Title Old
SIP ID
Comment
- - Nonferrous Smelters in El Paso County 56 -
113.31 113.41 Maintenance and Operation of Control Equipment. 56 -
113.32 113.42 Areas Accessible to the General Public. 56 -
113.33 113.43 Control of Fugitive Dust. 56 Regulation outline corrected in 113.33
113.34 113.51 Materials Handling and Transfer. 56 Regulation outline corrected in 113.34
113.35 113.52 Smelting of Lead. 56 -
113.36 113.53 Smelting of Copper and Zinc. 56 -
113.37 113.71 Lead Emissions Limits for Stacks. 56, 65 -
Lead Smelters in Dallas County. 55 -
113.41 113.81 Maintenance and Operation of Control Equipment. 55 -
113.42 113.83 Storage of Lead-Containing Materials. 55 -
113.43 113.84 Transport of Materials. 55 -
113.44 113.85 Fugitive Emissions from Lead Processes. 55 -
113.45 113.87 Battery or Lead Reclaiming Operations. 55 -
113.46 113.88 Lead Emission Limits for Reverberatory Furnaces and Blast Furnaces. 55 -
113.47 113.91 Control of Fugitive Dust. 55 -
113.48 113.92 Additional Measures to Reduce Lead Emissions. 55 -
- - Alternate Controls - Not in SIP
113.51 113.111 Alternate Means of Control in El Paso County. See 56 Not in SIP
113.52 113.112 Alternate Emission Reductions in El Paso County. See 56 Not in SIP
113.53 113.113 Alternate Means of Control in Dallas County. See 55 Not in SIP
113.54 113.114 Alternate Emission Reductions in Dallas County. See 55 Not in SIP
Compliance and Control Plan Requirements 55, 56 -
113.61 113.121 Compliance with Other Rules in El Paso County. 56 -
113.62 113.122 Dates for Control Plan Submission and for Final Compliance in El Paso County. 56 113.62 is revised to account for fact that old compliance dates have passed.
311.63 113.123 Control Plan Procedure in El Paso County. 56 -
113.64 113.124 Reporting Procedure in El Paso County. 56 -
113.65 113.125 Compliance with Other Rules in Dallas County. 55 -
113.66 113.126 Dates for Control Plan Submission and for Final Compliance in Dallas County. 55 113.66 is revised to account for fact that old compliance dates have passed.
113.67 113.127 Control Plan Procedure in Dallas County. 55 -
113.68 113.128 Reporting Procedure in Dallas County. 55 -
*** *** *** *** ****923**


********* end Read Me: Texas Regulation III (30 TAC Chapter 113) ******923**

SUBCHAPTER B : LEAD FROM STATIONARY SOURCES

NONFERROUS SMELTERS IN EL PASO COUNTY, §§113.31-113.37

Outline:
     §113.31.  Maintenance and Operation of Control Equipment.
     §113.32.  Areas Accessible to the General Public.
     §113.33.  Control of Fugitive Dust.
     §113.34.  Materials Handling and Transfer.
     §113.35.  Smelting of Lead.
     §113.36.  Smelting of Copper and Zinc.
     §113.37.  Lead Emissions Limits for Stacks.


§113.31.  Maintenance and Operation of Control Equipment.

(Approved by EPA as section 113.41 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.31 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any nonferrous smelter located in El Paso County shall maintain and operate all equipment used for the purpose of preventing emissions of particulate matter to the atmosphere in accordance with the best practices in routine use in the field of air pollution control and shall compile written logs documenting all maintenance and repair activities undertaken with respect to such equipment.  The entries made in the maintenance and repair logs shall be retained for a period of at least three years and, upon request, shall be made available for inspection during normal working hours by employees of the commission or local air pollution control agencies.


§113.32.  Areas Accessible to the General Public.

(Approved by EPA as section 113.42 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.32 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any nonferrous smelter located in El Paso County shall prohibit access by the general public to the property on which the smelter is located, any contiguous property owned by or under the control of the owner or operator of the smelter, and any such property that would be contiguous but for intervening roads.


§113.33.  Control of Fugitive Dust.

(Approved by EPA as section 113.43 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.33 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     (a)  The owner or operator of any nonferrous smelter located in El Paso County shall comply with the following requirements.

          (1)  Roads.

               (A)  All plant roadways shall be paved unless the executive director has approved a plan to minimize fugitive emissions from roads and that plan specifies which roads are to be paved and which are to be treated in some other manner;

               (B)  All paved plant roadways shall be cleaned with such equipment and in a manner that will minimize visible emissions resulting from the use and from the cleaning of such roadways; and

               (C)  Written logs documenting the frequency of all sealing, spraying, cleaning, and other programs for the minimization of roadway emissions shall be maintained.  The logs shall be retained for a period of at least three years and shall be made available for inspection during normal working hours by employees of the commission or local air pollution control agencies.

          (2)  Outdoor bulk material storage areas.

               (A)  Water spraying in combination with chemical sealing shall be used to minimize visible emissions resulting from the outdoor storage of bulk materials containing more than 1.0% lead by weight;

               (B)  When materials are added to or removed from a chemically sealed outdoor pile of bulk materials, thereby resulting in the breaking of the pile’s chemical seal, the pile shall be resealed within 24 hours after such activity;

               (C)  Written logs shall be maintained and updated daily to document the actions carried out to comply with the requirements of this paragraph, and the logs shall be retained for a period of at least three years and shall be made available for inspection during normal working hours by employees of the commission or local air pollution control agencies; and

               (D)  Approval for the procedures used to comply with the requirements of this paragraph shall be obtained in advance from the executive director.

      (3)  Open unpaved areas.

          (A)  The owner or operator of any nonferrous smelter in El Paso County shall develop and implement a control program that utilizes chemical sealing, water sprays, or other effective methods to minimize visible emissions of fugitive dust from all open unpaved areas on the smelter site except outdoor bulk material storage areas covered by the provisions of subsection (a)(2) of this section, slag dump area(s), and areas with surface slope greater than 45 degrees;

          (B)  The owner or operator shall obtain the executive director’s approval of the control program plan before it is implemented;

          (C)  The executive director shall approve the plan if he determines that the applicant has submitted sufficient information to demonstrate that implementation of the plan will minimize fugitive emissions of lead from the affected areas of the smelter site; and

          (D)  The owner or operator shall carry out the plan as approved and shall maintain logs adequate to demonstrate that it is being carried out.  He shall keep the logs at least three years and shall make them available for inspection during normal working hours by employees of the commission or local air pollution control agencies.

     (b)  The executive director shall approve an exemption from one or more requirements of subsection (a) of this section if he determines that the owner or operator has provided sufficient information to demonstrate that:

          (1)  compliance with the requirements is technically impracticable or economically unreasonable,

          (2)  controls that are technically practicable and economically reasonable are implemented to minimize emissions, and

          (3)  the emissions allowed by the exemption(s) will not prevent attainment or maintenance of the national ambient air quality standards for lead or cause or contribute to a condition of air pollution.


§113.34.  Materials Handling and Transfer.

(Approved by EPA as section 113.51 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.34 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any nonferrous smelter located in El Paso County shall comply with the following requirements:

          (1)  All lead sinter shall be transferred from storage bins to charge cars in an enclosed structure that is vented to the atmosphere only through air pollution control equipment.  After such transfer, the contents of the charge cars shall be wet down sufficiently to minimize visible emissions during subsequent transport and charging into a lead blast furnace;

          (2)  All particulate matter containing more than 1.0% lead by weight collected by air pollution control equipment shall be transported in closed containers or shall be transported by enclosed conveying systems that are vented to the atmosphere only through particulate matter control equipment or shall be slurried with water and transported wet;

          (3)  There shall be no visible particulate emissions from the transport of collected particulate matter containing more than 1.0% lead by weight;

          (4)  All collected particulate matter from lead sinter machine electrostatic precipitators, lead sinter machine ventilation baghouses, lead blast furnace baghouses, copper roaster electrostatic precipitators, copper reverberatory furnace electrostatic precipitators, copper converter electrostatic precipitators, copper converter building ventilation baghouses, and zinc deleading baghouses shall be agglomerated by moisturizing with water, returned by enclosed conveyance to plant smelting processes, or equipped with an equivalent control system approved by the executive director;

          (5)  All moisturizing of collected particulate matter required by paragraph (4) of this section shall meet the following requirements:

               (A)  Moisturizing of collected particulate matter from lead sinter machine electrostatic precipitators, lead sinter machine ventilation baghouses, and lead blast furnace baghouses shall occur in an enclosed structure that is under negative pressure,

               (B)  Moisturizing of collected particulate matter from other sources identified in paragraph (4) of this section shall be controlled by local exhaust hoods approved by the executive director, and

               (C)  All emissions resulting from the controls required by subparagraphs (A) and (B) of this paragraph shall be vented to the atmosphere only through particulate matter control equipment;

          (6)  Collected particulate matter that contains more than 1.0% lead by weight and that has been agglomerated by moisturizing shall be handled in an enclosed structure that is under negative pressure and is vented to the atmosphere only through particulate matter control equipment; and

          (7)  The lead concentration in the gas streams exhausted to the atmosphere through control equipment required by paragraphs (1), (2), (5), and (6) of this section shall not exceed 0.005 grain per dry standard cubic foot, unless the control equipment consists of a baghouse fabricated prior to March 31, 1984.  If the control equipment consists of a baghouse fabricated prior to March 31, 1984, the lead concentration in the gas stream exhausted to the atmosphere shall not exceed 0.010 grain per dry standard cubic foot.


§113.35.  Smelting of Lead.

(Approved by EPA as section 113.52 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.35 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter located in El Paso County shall comply with the following requirements.

          (1)  Each blast furnace shall be equipped with an automatic system to control tuyere air flow;

          (2)  Each lead blast furnace shall be equipped with a ventilation system approved by the executive director to minimize visible emissions from the tapping of lead and slag;

          (3)  Each lead dross reverberatory furnace shall be equipped with a ventilation system approved by the executive director to minimize visible emissions from the charging and tapping of the furnace;

          (4)  Each receiving lead kettle and final dross lead kettle shall be equipped with a ventilation system approved by the executive director to minimize visible emissions;
          (5)  Ventilation systems required by paragraphs (2) - (4) of this section shall be vented to the atmosphere only through particulate matter control equipment;

          (6)  The lead concentration in the gas streams exhausted to the atmosphere through control equipment required by paragraph (5) of this section shall not exceed 0.005 grain per dry standard cubic foot for new control equipment or 0.01 grain per dry standard cubic foot for existing control equipment; and

          (7)  Once the control equipment required by paragraphs (1) - (4) of this section is installed and operating:

               (A)  the control equipment shall be maintained and operated so as to minimize visible emissions from the process and equipment subject to such control;

               (B)  measurements, such as capture velocity, duct velocity, or static pressure, that demonstrate the effectiveness of the control equipment in controlling visible emissions and that are approved by the executive director shall be made at least quarterly or on a schedule approved by the executive director; and

               (C)  written logs describing all maintenance and measurements performed on the control equipment and recording the dynamite consumption for each lead blast furnace shall be compiled and the logs shall be maintained for a period of at least three years and shall be made available for inspection during normal working hours to employees of the commission or local air pollution control agencies.


§113.36.  Smelting of Copper and Zinc.

(Approved by EPA as section 113.53 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.36 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any copper or zinc smelter located in El Paso County shall comply with the following requirements:
          (1)  Secondary hoods of design approved by the executive director shall be installed on each copper converter;

          (2)  The emissions captured by the secondary hoods required by paragraph (1) of this section shall be exhausted through a duct system that is under negative pressure and through a system or device for the control of particulate matter; and

          (3)  The lead concentration in the gas leaving the system or device required by paragraph (2) of this section shall not exceed 0.001 grain per dry standard cubic foot if the system or device controls only the emissions from the secondary hoods.  If the system or device also controls lead emissions from other sources, the system or device shall be at least 95% efficient in reducing lead emissions.  The owner or operator shall submit a control plan including a method for verifying that the required performance is achieved.  The control plan shall be subject to the executive director’s approval.  The vent gas from the system or device required by paragraph (2) of this section shall be vented to the atmosphere no less than 230 feet above grade.

§113.37.  Lead Emissions Limits for Stacks.

(Approved by EPA as section 113.71 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Revisions to table approved by EPA 05/06/88 (53 FR 16263) at 52.2270(c)(65) effective 06/06/88.  Recodification to section 113.37 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     No person may cause, suffer, or allow emissions in excess of any limit specified in the following table.

LEAD EMISSION LIMITS FOR CERTAIN VENT GAS STREAMS AT
NONFERROUS SMELTING OPERATIONS EXISTING IN EL PASO COUNTY
AS OF SEPTEMBER 9, 1983
Vent Gas From Lead 
Emission Limits, 
lb/hr
Lead and Copper Ore Conveying Baghouse   0.2
Lead Ore Unloading Building Baghouse   0.5
Lead and Copper Ore Bedding Building 
 Baghouses (Total)
  1.0
Lead Sinter Plant Material Handling Baghouse  12.8
Lead Blast Furnace Baghouse Stacks (Total)   2.2
Copper Ore Unloading Building Baghouse   0.5
Copper Reverberatory Furnace Electrostatic 
 Precipitator  
  1.5
Copper Converter Building Ventilation Baghouse
 * If Used Only To Control Building 
   Ventilation Air
  1.0
 * If Used To Control Emissions From Copper 
   Converter Secondary Hoods in Addition to 
   Building Ventilation Air
 

  1.4
Zinc Fuming Furnace and Deleading Kilns Baghouse   4.3
Cadmium Plant Baghouse   0.4
 

******************** end tx §§ 113.31-113.37 *************************923**
This SIP Citation Was Last Modified on: 02/03/99

LEAD SMELTERS IN DALLAS COUNTY, §§113.41-113.48

Outline:
     §113.41.  Maintenance and Operation of Control Equipment.
     §113.42.  Storage of Lead-Containing Materials.
     §113.43.  Transport of Materials.
     §113.44.  Fugitive Emissions from Lead Processes.
     §113.45.  Battery or Lead Reclaiming Operations.
     §113.46.  Lead Emission Limits for Reverberatory Furnaces 
                 and Blast Furnaces.
     §113.47.  Control of Fugitive Dust.
     §113.48.  Additional Measures to Reduce Lead Emissions.


§113.41.  Maintenance and Operation of Control Equipment.

(Approved by EPA as section 113.81 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.41 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter in Dallas County shall maintain and operate all equipment used for the purpose of preventing emissions of particulate matter to the atmosphere in accordance with the best practices in routine use in the field of air pollution control and shall compile written logs documenting all maintenance and repair activities undertaken with respect to such equipment.  The entries made in the maintenance and repair logs shall be retained for a period of at least three years and, upon request, shall be made available for inspection during normal working hours by employees of the commission or local air pollution control agencies.


§113.42.  Storage of Lead-Containing Materials.

(Approved by EPA as section 113.83 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.42 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     (a)  No person may cause, suffer, or allow unenclosed storage at any lead smelter in Dallas County of material containing more than 1.0% lead by weight.

     (b)  All particulate matter containing more than 1.0% lead by weight collected by air pollution control equipment at any lead smelter in Dallas County shall be stored in closed containers or in a structure under sufficient negative pressure to prevent emissions to the atmosphere.

     (c)  The following items are exempt from the requirement of subsection (a) of this section:

          (1)  lead and lead alloy in ingot form,

          (2)  fabricated lead and lead alloy materials,

          (3)  lead shot,

          (4)  lead bearing material in enclosed containers, and

          (5)  whole, unbroken batteries.


§113.43.  Transport of Materials.

(Approved by EPA as section 113.84 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.43 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter in Dallas County shall comply with the following requirements.

          (1)  All transport vehicles carrying materials containing more than 1.0% lead by weight shall have their cargo compartments covered at all times when on plant property except when actually loading or unloading such material, when being washed, or when located inside a plant building. Transport vehicles that carry only the materials listed in §113.42(c) of this title (relating to Storage of Lead-Containing Materials) are exempt from the requirements of this paragraph; and

          (2)  Each time a vehicle leaves a structure required by §113.44(1) of this title (relating to Fugitive Emissions from Lead Processes) or by §113.45(1) of this title (relating to Battery or Lead Reclaiming Operations), all material containing more than 1.0% lead by weight shall be removed from the wheels of the vehicle by a procedure approved by the executive director.  If water is used in the procedure required by this paragraph, the cleaning may be suspended during freezing weather.


§113.44.  Fugitive Emissions from Lead Processes.

(Approved by EPA as section 113.85 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.44 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter in Dallas County shall comply with the following requirements.

          (1)  Each batch mixing operation, reverberatory furnace, blast furnace, refining kettle, and casting machine shall be contained in a structure that is under sufficient negative pressure to maintain airflow of at least 100 feet per minute into the structure at all openings and doorways at all times except:

               (A)  when all openings and doorways are closed with solid doors, solid shutters, or tarpaulins, or

               (B)  when all operations in the structure have been discontinued for a period of eight hours or longer;

          (2)  After approval of system specifications by the executive director, a recording airflow monitoring system and warning alarms shall be installed and operated at all times to monitor airflow into any structure required by paragraph (1) of this section;

          (3)  Approval shall be obtained from the executive director for the location and method of closure for all openings and doorways in any structure required by paragraph (1) of this section;

          (4)  All air exhausted to maintain airflow into any structure required by paragraph (1) of this section shall be vented through a system or device for the control of particulate matter;

          (5)  Except for the vent gas from any reverberatory furnace or blast furnace, the lead concentration in the gas leaving the system or device required by paragraph (4) of this section shall not exceed 0.001 grain per dry standard cubic foot; and

          (6)  There shall be no visible emissions other than condensed water vapor from any structure required by paragraph (1) of this section.


§113.45.  Battery or Lead Reclaiming Operations.

(Approved by EPA as section 113.87 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.45 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter in Dallas County shall comply with the following requirements:

          (1)  Any battery wrecking or lead reclaiming operation shall be contained in a structure totally enclosed on the top and all sides except as provided in paragraph (2) of this section;

          (2)  Emissions from openings and doorways in the building required by paragraph (1) of this section shall be minimized.  Approval shall be obtained from the executive director for the location, size, and method of closure for all such openings and doorways;

          (3)  A plan for an effective program to minimize emissions of particulate matter from floors and work areas in any structure required by paragraph (1) of this section shall be submitted to the executive director, and his approval shall be obtained by the final compliance date for this section; the approved plan shall be carried out as specified; and 

          (4)  The lead concentration in the vent gas stream vented to the atmosphere from any kiln used to process shredded battery material shall not exceed 0.005 grain per dry standard cubic foot.


§113.46.  Lead Emission Limits for Reverberatory Furnaces and Blast Furnaces.

(Approved by EPA as section 113.88 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.46 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     No person may cause, suffer, or allow the lead concentration in the vent gas vented to the air from any lead reverberatory furnace or blast furnace in Dallas County to exceed 0.015 grain per dry standard cubic foot.


§113.47.  Control of Fugitive Dust.

(Approved by EPA as section 113.91 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.47 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter in Dallas County shall comply with the following requirements.

          (1)  All plant roads shall be paved;

          (2)  Parking areas and storage areas for materials containing more than 1% lead by weight shall be paved; and

          (3)  All other open unpaved areas of the property at which the smelter is located shall have complete vegetational cover or shall be covered with rock or crushed aggregate at least three inches deep.  The executive director shall establish an alternate requirement or alternate requirements for certain areas of a plant if he determines that the owner or operator has provided sufficient information to demonstrate that:
               (A)  it is technically impracticable or economically unreasonable to meet the requirement for complete vegetational or rock or aggregate cover,

               (B)  the alternate requirement(s) will achieve the maximum emission reduction that is technically practicable and economically reasonable, and

               (C)  the emissions allowed by the alternate requirement(s) will not prevent the attainment or maintenance of the national ambient air quality standards for lead or cause or contribute to a condition of air pollution.


§113.48.  Additional Measures to Reduce Lead Emissions.

(Approved by EPA as section 113.92 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.48 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The owner or operator of any lead smelter in Dallas County shall comply with the following requirements.

          (1)  If they occur outside buildings, spills of dust containing more than 1.0% lead by weight shall be dampened and cleaned up immediately.

          (2)  The floors of the work areas in any structures required by §113.44(1) of this title (relating to Fugitive Emissions from Lead Processes) or by §113.45(1) of this title (relating to Battery or Lead Reclaiming Operations) shall be cleaned at least once every week that the plant is in operation.

          (3)  Floors in the work areas regulated by §113.45(1) of this title shall be kept wet to minimize air emissions of materials containing lead.

          (4)  The motors of any blowers or fans needed to maintain the airflow required by §113.44(1) of this title:

               (A)  shall automatically restart following power interruptions of less than 20 seconds, and

               (B)  shall be on a circuit or circuits that are separate from those serving the rest of the plant so that problems with process equipment do not interrupt electrical service to air pollution control equipment.

          (5)  No visible emissions shall result from the use of roads except for visible emissions from the street cleaning equipment during the cleaning process.

******************** end tx §§ 113.41-113.48 *************************923**
This SIP Citation Was Last Modified on: 02/03/99


ALTERNATE CONTROLS, §§113.51-113.54

NOT IN SIP

NOTE TO READER: The Incorporation-by-Reference (IBR) language listed in the Federal Register notice published October 21, 1998 (63 FR 56085) recodifying Regulation 3 includes Section 113.52 in the list of sections being approved.  This is an error.  None of the sections in the ALTERNATIE CONTROLS are in the SIP.  See the Federal Register for more information.  Also see 40 CFR 52.2270(c)(55) and (56).


§113.51.  Alternate Means of Control in El Paso County.
§113.52.  Alternate Emission Reductions in El Paso County.
§113.53.  Alternate Means of Control in Dallas County.
§113.54.  Alternate Emission Reductions in Dallas County.

****************** end tx §§ 113.51-113.54 ********************923**
This SIP Citation Was Last Modified on: 02/03/99

COMPLIANCE AND CONTROL PLAN REQUIREMENTS: El Paso County, §§113.61-113.64

Outline:
     §113.61.  Compliance with Other Rules in El Paso County.
     §113.62.  Dates for Control Plan Submission and for Final 
                 Compliance in El Paso County.
     §113.63.  Control Plan Procedure in El Paso County.
     §113.64.  Reporting Procedure in El Paso County.


§113.61.  Compliance with Other Rules in El Paso County.

(Approved by EPA as section 113.121 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.61 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The rules in this subchapter (relating to lead from Stationary Sources) apply independently to affected persons in El Paso County.  They do not supersede any other regulatory requirements.  If more than one requirement applies, the stricter requirement must be met.


§113.62.  Dates for Control Plan Submission and for Final Compliance in El Paso County.

(Approved by EPA 10/21/98 (63 56083) at 52.2270(c)(114) effective 12/21/98.  See old section 113.122 below for SIP-approved section effective prior to 12/21/98.)

     Any person affected by the requirements of this undesignated head relating to Nonferrous Smelters in El Paso County and whose facility was in existence on or before the effective date of this section should already be in compliance with the applicable sections or paragraphs.  Any person affected by the requirements of the undesignated head relating to Nonferrous Smelters in El Paso County and whose facility was not in existence on or before the effective date of this section shall submit a control plan to the executive director and shall be in compliance with the applicable sections or paragraphs no later than the date specified by the executive director.  All affected persons shall remain in continuous compliance with the applicable sections or paragraphs.

As adopted by TNRCC June 25, 1997 effective July 16, 1997


Section 113.122. Dates for Control Plan Submission and for Final Compliance in El Paso County. 

(Approved by EPA 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84 until 12/21/98.) 

   Any person affected by the requirements of this undesignated head relating to Nonferrous Smelters in El Paso County shall submit a control plan to the Executive Director by July 31, 1984, and shall be in compliance as soon as practicable but no later than the dates specified below. If no compliance date is specified for a section or paragraph in this subchapter (relating to Lead from Stationary Sources), all affected persons shall be in compliance with the section or paragraph no later than the effective date of the section and shall remain in continuous compliance with the section or paragraph. 
 

Rule or 
Paragraph Number
Date of 
Final Compliance
New SIP Section 113.31 July 31, 1984
New SIP Section 113.32 July 31, 1984
New SIP Section 113.33 December 31, 1984
New SIP Section 113.34 December 31, 1985
New SIP Section 113.35(1) February 28, 1985
New SIP Section 113.35(2) July 31, 1984
New SIP Section 113.35(3) February 28, 1985
New SIP Section 113.35(4) February 28, 1985
New SIP Section 113.36 February 28, 1989*
 


*or two years from the date of final action by the U.S. Environmental Protection Agency on national emission standards for hazardous air pollutants (NESHAPS) for inorganic arsenic from low-arsenic-throughput copper smelters, whichever is sooner. 


§113.63.  Control Plan Procedure in El Paso County.

(Approved by EPA as section 113.123 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.63 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     A control plan for compliance with the requirements of this subchapter (relating to Lead from Stationary Sources) shall be submitted to the executive director detailing the compliance status of all emissions controls required by this subchapter and describing in detail the method to be followed to achieve and maintain compliance.  The plan shall specify the exact dates by which specific steps will be taken to achieve compliance.  The plan shall include all the following:

          (1)  The dates by which contracts for emission control systems or process modifications will be awarded, or dates by which orders will be issued for the purchase of component parts to accomplish emission control or process modification;

          (2)  The date of initiation of on-site construction or installation of emission control equipment or of process change;

          (3)  The date by which process modification or on-site construction or installation of emission control equipment is to be completed;

          (4)  The date by which final compliance is to be achieved.


§113.64.  Reporting Procedure in El Paso County.

(Approved by EPA as section 113.124 on 08/13/84 (49 FR 32190) at 52.2270(c)(56) effective 09/12/84.  Recodification to section 113.64 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     After a control plan for compliance with the requirements of this subchapter (relating to Lead from Stationary Sources) has been submitted to the executive director, progress reports shall be submitted every 90 days for all control plans specified in §113.63 of this title (relating to Control Plan Procedure in El Paso County).  The executive director shall also be notified of the completion of each separate step in the control plan within five days after completion.  All reports and notifications shall be submitted in writing by the person submitting the compliance control plan.

******************** end tx §§ 113.61-113.64 *************************923**
This SIP Citation Was Last Modified on: 02/03/99

COMPLIANCE AND CONTROL PLAN REQUIREMENTS: Dallas County, §§113.65-113.68

Outline:
     §113.65.  Compliance with Other Rules in Dallas County.
     §113.66.  Dates for Control Plan Submission and for Final 
                 Compliance in Dallas County.
     §113.67.  Control Plan Procedure in Dallas County.
     §113.68.  Reporting Procedure in Dallas County.


§113.65.  Compliance with Other Rules in Dallas County.

(Approved by EPA as section 113.125 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.65 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     The rules in this subchapter (relating to Lead from Stationary Sources) apply independently to affected persons in Dallas County.  They do not supersede any other regulatory requirements.  If more than one requirement applies, the stricter requirement shall be met.


§113.66.  Dates for Control Plan Submission and for Final Compliance in Dallas County.

(Approved by EPA 10/21/98 (63 56083) at 52.2270(c)(114) effective 12/21/98.  See old section 113.126 below for SIP-approved section effective prior to 12/21/98.)

     Any person affected by the requirements of the undesignated head relating to Lead Smelters in Dallas County and whose facility was in existence on or before the effective date of this section should already be in compliance with the applicable sections or paragraphs.  Any person affected by the requirements of the undesignated head relating to Lead Smelters in Dallas County and whose facility was not in existence on or before the effective date of this section shall submit a control plan to the executive director and shall be in compliance with the applicable sections or paragraphs no later than the date specified by the executive director.  All affected persons shall remain in continuous compliance with the applicable sections or paragraphs.

As adopted by TNRCC June 25, 1997 effective July 16, 1997.


Section 113.126. Dates for Control Plan Submission and for Final Compliance in Dallas County. 

(Approved by EPA 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84 until 12/21/98.) 

   Any person affected by the requirements of Sections 113.81 - 113.92 (relating to Lead Smelters in Dallas County) shall submit a control plan to the Executive Director by July 31, 1984, and shall be in compliance as soon as practicable but no later than the date(s) specified below. If no compliance date is specified for a requirement in Sections 113.81 - 113.92 under the undesignated head relating to Lead Smelters in Dallas County, all affected persons shall be in compliance with the requirement no later than the effective date of the requirement and shall remain in continuous compliance with the requirement. 
 

Rule Number Date of Final Compliance
New SIP Section 113.42 June 30, 1985
New SIP Section 113.43 June 30, 1985
New SIP Section 113.44 June 30, 1985
New SIP Section 113.45 June 30, 1985
New SIP Section 113.47 June 30, 1985
New SIP Section 113.48(4) December 31, 1984
 




§113.67.  Control Plan Procedure in Dallas County.

(Approved by EPA as section 113.127 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.67 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     A control plan for compliance with the requirements of this subchapter (relating to Lead from Stationary Sources) shall be submitted to the executive director detailing the compliance status of all emission controls required by this subchapter and describing in detail the method to be followed to achieve and maintain compliance.  The plan shall specify the exact dates by which specific steps will be taken to achieve compliance.  The plan shall include all the following:

          (1)  The dates by which contracts for emission control systems or process modifications will be awarded, or dates by which orders will be issued for the purchase of component parts to accomplish emission control or process modification;

          (2)  The date of initiation of on-site construction or installation of emission control equipment or of process change;

          (3)  The date by which process modification or on-site construction or installation of emission control equipment is to be completed; and

          (4)  The date by which final compliance is to be achieved.


§113.68.  Reporting Procedure in Dallas County.

(Approved by EPA as section 113.128 on 08/15/84 (49 FR 32580) at 52.2270(c)(55) effective 08/15/84.  Recodification to section 113.68 approved by EPA 10/21/98 (63 FR 56083) at 52.2270(c)(114) effective 12/21/98.)

     After a control plan for compliance with the requirements of this subchapter (relating to Lead from Stationary Sources) has been submitted to the executive director, progress reports shall be submitted every 90 days for all control plans specified in §113.67 of this title (relating to Control Plan Procedure in Dallas County).  The executive director shall also be notified of the completion of each separate step in the control plan within five days after completion.  All reports and notifications shall be submitted in writing by the person submitting the compliance control plan.

******************** end tx §§ 113.65-113.68 *************************923**
************* end subchapter b: lead from stationary sources *********923**
This SIP Citation Was Last Modified on: 02/03/99
***** end Texas SIP-Approved Chapter 113 prior to February 10, 2015 ****