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Texas SIP: 30 TAC 115.120-115.129: Vent Gas Control; SIP effective 2001.09.14 TXd21 to 2008.03.27

Regulatory Text: 
Texas Chapter 115 :  Control of Air Pollution from Volatile Organic Compounds

SUBCHAPTER B:  GENERAL VOLATILE ORGANIC COMPOUND SOURCES

DIVISION 2:  VENT GAS CONTROL

Outline:
§115.120.  Vent Gas Definitions.
§115.121.  Emission Specifications.
§115.122.  Control Requirements.
§115.123.  Alternate Control Requirements.
§115.125.  Testing Requirements.
§115.126.  Monitoring and Recordkeeping Requirements.
§115.127.  Exemptions.
§115.129.  Counties and Compliance Schedules.


§115.120.  Vent Gas Definitions.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA July 16, 2001 (66 FR 36917) effective September 14, 2001.

      The following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise.  Additional definitions for terms used in this division are found in §115.10 of this title (relating to Definitions), §101.1 of this title (relating to Definitions), and §3.2 of this title (relating to Definitions).

            (1)  Bakery oven - An oven for baking bread or any other yeast-leavened products.

            (2)  Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch distillation operation - A SOCMI noncontinuous distillation operation in which a discrete quantity or batch of liquid feed is charged into a distillation unit and distilled at one time.  After the initial charging of the liquid feed, no additional liquid is added during the distillation operation.

            (3)  Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch process - Any SOCMI noncontinuous reactor process which is not characterized by steady-state conditions, and in which reactants are not added and products are not removed simultaneously.

            (4)  Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation operation - A SOCMI operation separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s).  The separation is achieved by the redistribution of the components between the liquid and vapor-phase as they approach equilibrium within the distillation unit.

            (5)  Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation unit - A SOCMI device or vessel in which distillation operations occur, including all associated internals (including, but not limited to, trays and packing), accessories (including, but not limited to, reboilers, condensers, vacuum pumps, and steam jets), and recovery devices (such as absorbers, carbon adsorbers, and condensers) which are capable of, and used for, recovering chemicals for use, reuse, or sale.

            (6)  Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor process -A SOCMI unit operation in which one or more chemicals, or reactants other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.120 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**

§115.121.  Emission Specifications.
As adopted by TNRCC April 30, 1997, effective May 22, 1997.
Approved by EPA January 26, 1999 (64 FR 03847) effective March 29, 1999.

      (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in §115.10 of this title (relating to Definitions), the following emission specifications shall apply.

            (1)  No person may allow a vent gas stream containing volatile organic compounds (VOC) to be emitted from any process vent, unless the vent gas stream is controlled properly in accordance with §115.122(a)(1) of this title (relating to Control Requirements).

            (2)  No person may allow a vent gas stream to be emitted from the following processes unless the vent gas stream is controlled properly in accordance with §115.122(a)(2) of this title:

                  (A)  any synthetic organic chemical manufacturing industry reactor process or distillation operation;

                  (B)  any air oxidation synthetic organic chemical manufacturing process;

                  (C)  any liquid phase polypropylene manufacturing process;

                  (D)  any liquid phase slurry high-density polyethylene manufacturing process; or

                  (E)  any continuous polystyrene manufacturing process.

            (3)  In the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, VOC emissions from bakery ovens, as defined in §115.10 of this title, shall be controlled properly in accordance with §115.122(a)(3) of this title.

      (b)  In Nueces and Victoria Counties, no person may allow a vent gas stream to be emitted from any process vent containing one or more of the following VOC or classes of VOC, unless the vent gas stream is controlled properly in accordance with §115.122(b) of this title:

            (1)  emissions of ethylene associated with the formation, handling, and storage of solidified low-density polyethylene;

            (2)  emissions of the following specific VOC:  ethylene, butadiene, isobutylene, styrene, isoprene, propylene, methylstyrene; and

            (3)  emissions of specified classes of VOC, including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, and branched chain hydrocarbons (C8 and above).

      (c)  For persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following emission specifications shall apply:

            (1)  No person may allow a vent gas stream to be emitted from any process vent containing one or more of the following VOC or classes of VOC, unless the vent gas stream is controlled properly in accordance with §115.122(c)(1) of this title:

                  (A)  emissions of ethylene associated with the formation, handling, and storage of solidified low-density polyethylene;

                  (B)  emissions of the following specific VOC:  ethylene, butadiene, isobutylene, styrene, isoprene, propylene, and methylstyrene; and

                  (C)  emissions of specified classes of VOC, including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, and branched chain hydrocarbons (C8 and above).

            (2)  No person may allow a vent gas stream to be emitted from any catalyst regeneration of a petroleum or chemical process system, basic oxygen furnace, or fluid coking unit into the atmosphere, unless the vent gas stream is properly controlled in accordance with §115.122(c)(2) of this title.

            (3)  No person may allow a vent gas stream to be emitted from any iron cupola into the atmosphere, unless the vent gas stream is properly controlled in accordance with §115.122(c)(3) of this title.

            (4)  Vent gas streams from blast furnaces shall be controlled properly in accordance with §115.122(c)(4) of this title.

Adopted April 30, 1997, Effective May 22, 1997
**** end tx 115.121 adopted by TNRCC 04/30/1997 (5-56)**c105P*e93m***c1i**


§115.122.  Control Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA July 16, 2001 (66 FR 36917) effective September 14, 2001.

      (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following control requirements shall apply:

            (1)  Any vent gas streams affected by §115.121(a)(1) of this title (relating to Emission Specifications) must be controlled properly with a control efficiency of at least 90% or to a volatile organic compound (VOC) concentration of no more than 20 parts per million by volume (ppmv) (on a dry basis corrected to 3.0% oxygen for combustion devices):

                  (A)  in a direct-flame incinerator at a temperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius);

                  (B)  in a smokeless flare; or

                  (C)  by any other vapor control system, as defined in §115.10 of this title (relating to Definitions).

            (2)  Any vent gas streams affected by §115.121(a)(2) of this title must be controlled properly with a control efficiency of at least 98% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices):

                  (A)  in a smokeless flare; or

                  (B)  by any other vapor control system, as defined in §115.10 of this title.

            (3)  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, VOC emissions from each bakery with a bakery oven vent gas stream(s) affected by §115.121(a)(3) of this title shall be reduced as follows.

                  (A)  Each bakery in the Houston/Galveston area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year shall ensure that the overall emission reduction from the uncontrolled VOC emission rate of the oven(s) will be at least 80% by December 31, 2001.

                  (B)  Each bakery in the Dallas/Fort Worth area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 50 tons per calendar year, shall ensure that the overall emission reduction from the uncontrolled VOC emission rate of the oven(s) will be at least 80% by December 31, 2000.

                  (C)  Each bakery in the Dallas/Fort Worth area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year, but less than 50 tons per calendar year, shall reduce total VOC emissions by at least 30% from the bakery's 1990 emissions inventory in accordance with the schedule specified in §115.129(d) of this title (relating to Counties and Compliance Schedules).

                  (D)  Each bakery in the El Paso area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year shall reduce total VOC emissions by at least 30% from the bakery's 1990 emissions inventory in accordance with the schedule specified in §115.129(e) of this title.

                  (E)  Emission reductions in the 30% to 90% range are not creditable under  Chapter 101, Subchapter H, Division 1 of this title (relating to Emission Credit Banking and Trading) for the following bakeries:

                        (i)  each bakery in the Houston/Galveston area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year;

                        (ii)  each bakery in the Dallas/Fort Worth area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 50 tons per calendar year;

                        (iii)  each bakery in the El Paso area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 50 tons per calendar year.

            (4)  Any vent gas stream that becomes subject to the provisions of paragraphs (1), (2), or (3) of this subsection by exceeding provisions of §115.127(a) of this title (relating to Exemptions) shall remain subject to the provisions of this subsection, even if throughput or emissions later fall below the exemption limits unless and until emissions are reduced to no more than the controlled emissions level existing before implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption limits in §115.127(a) of this title; and:

                  (A)  the project by which throughput or emission rate was reduced is authorized by any permit or permit amendment or standard permit or permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule).  If a permit by rule is available for the project, compliance with this subsection must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or

                  (B)  if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner or operator has given the executive director 30 days’ notice of the project in writing.

      (b)  For all persons in Nueces and Victoria Counties, any vent gas streams affected by §115.121(b) of this title must be controlled properly with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices):

            (1)  in a direct-flame incinerator at a temperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius);

            (2)  in a smokeless flare; or

            (3)  by any other vapor control system, as defined in §115.10 of this title.

      (c)  For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following control requirements shall apply.

            (1)  Any vent gas streams affected by §115.121(c)(1) of this title must be controlled properly:

                  (A)  in a direct-flame incinerator at a temperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius);

                  (B)  in a smokeless flare; or

                  (C)  by any other vapor control system, as defined in §115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices).

            (2)  Any vent gas streams affected by §115.121(c)(2) of this title must be controlled properly:

                  (A)  in a direct-flame incinerator or boiler at a temperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius); or

                  (B)  by any other vapor control system, as defined in §115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices).

            (3)  Any vent gas streams affected by §115.121(c)(3) of this title must be controlled properly:

                  (A)  at a temperature equal to or greater than 1,300 degrees Fahrenheit (704 degrees Celsius) in an afterburner having a retention time of at least one-fourth of a second, and having a steady flame that is not affected by the cupola charge and relights automatically if extinguished; or

                  (B)  by any other vapor control system, as defined in §115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices).

            (4)  Any vent gas streams affected by §115.121(c)(4) of this title must be controlled properly:

                  (A)  in a smokeless flare or in a combustion device used in a heating process associated with the operation of a blast furnace; or

                  (B)  by any other vapor control system, as defined in §115.10 of this title, with a control efficiency of at least 90% or to a VOC concentration of no more than 20 ppmv (on a dry basis corrected to 3.0% oxygen for combustion devices).

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.122 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


§115.123.  Alternate Control Requirements.
As adopted by TNRCC February 24, 1999, effective March 21, 1999.
Approved by EPA April 6, 2000 (65 FR 18007) effective June 5, 2001.

      (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas:

            (1)  Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Vent Gas Control) may be approved by the executive director in accordance with §115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent.

            (2)  The owner or operator of a vent gas stream control device with a control efficiency of at least 90% which was installed prior to the effective date of the applicable paragraphs of this division (relating to Vent Gas Control) may request an alternate reasonably available control technology (ARACT) determination.  The executive director shall approve the ARACT if it is determined to be economically unreasonable to replace the control device with a new control device meeting the requirements of the applicable rule(s).  Each ARACT approved by the executive director shall include a requirement that the control device be operated at its maximum efficiency.  Each ARACT shall only be valid until the control device undergoes a replacement, a modification as defined in 40 Code of Federal Regulations (CFR) 60.14, or a reconstruction as defined in 40 CFR 60.15, at which time the replacement, modified, or reconstructed control device shall meet the requirements of the applicable rule(s).  Any request for an ARACT determination shall be submitted to the executive director no later than May 31, 1994.  The executive director may direct the holder of an ARACT to reapply for their ARACT if it is more than 10 years since the date of installation of the control device and there is good cause to believe that it is now economically reasonable to meet the requirements of the applicable rule(s).  Within three months of an executive director request, the holder of an ARACT shall reapply for their ARACT.  If the reapplication for an ARACT is denied, the holder of the ARACT shall meet the requirements of the applicable rule(s) as soon as practicable, but no later than two years from the date of denial.

      (b)  For all persons in Nueces and Victoria Counties, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Vent Gas Control) may be approved by the executive director in accordance with §115.910 of this title if emission reductions are demonstrated to be substantially equivalent.

      (c)  For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Vent Gas Control) may be approved by the executive director in accordance with §115.910 of this title if emission reductions are demonstrated to be substantially equivalent.

Adopted February 24, 1999, Effective March 21, 1999
**** end tx 115.123 adopted by TNRCC 02/24/1999 (5-61)**d07*ea65***c1i**


§115.125.  Testing Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA July 16, 2001 (66 FR 36917) effective September 14, 2001.

      Compliance with the emission specifications, vapor control system efficiency, and certain control requirements and exemption criteria of §§115.121 - 115.123 and 115.127 of this title (relating to Emission Specifications; Control Requirements; Alternate Control Requirements; and Exemptions) shall be determined by applying one or more of the following test methods and procedures, as appropriate, when specifically required within this division (relating to Vent Gas Control), when required by the executive director under §101.8 of this title (relating to Sampling), or when the owner or operator elects to conduct testing of one or more vent gas streams.

            (1)  Flow rate.  Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60, Appendix A) are used for determining flow rates, as necessary.

            (2)  Concentration of volatile organic compounds (VOC).

                  (A)  Test Method 18 (40 CFR 60, Appendix A) is used for determining gaseous organic compound emissions by gas chromatography.

                  (B)  Test Method 25 (40 CFR 60, Appendix A) is used for determining total gaseous nonmethane organic emissions as carbon.

                  (C)  Test Methods 25A or 25B (40 CFR 60, Appendix A) are used for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis.

            (3)  Performance requirements for flares and vapor combustors.

                  (A)  For flares, Test Method 22 (40 CFR 60, Appendix A) is used for visual determination of fugitive emissions from material sources and smoke emissions.

                  (B)  For flares, additional test method requirements are described in 40 CFR 60.18(f), unless EPA or the executive director has granted a waiver from such testing requirements.

                  (C)  Flares in the Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston areas shall comply with the performance test requirements of 40 CFR 60.18(b), unless EPA or the executive director has granted a waiver from such testing requirements.

                  (D)  For vapor combustors, the owner or operator may consider the unit to be a flare.  Each vapor combustor in Victoria County and the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas which the owner or operator elected to consider as a flare shall meet the performance test requirements of 40 CFR 60.18(b) in lieu of any testing under paragraphs (1) and (2) of this section.

                  (E)  Compliance with the requirements of 40 CFR 60.18(b) will be considered to demonstrate compliance with the emission specifications and control efficiency requirements of §115.121 and §115.122 of this title.

            (4)  Minor modifications.  Minor modifications to these test methods may be used, if approved by the executive director.

            (5)  Alternate test methods.  Test methods other than those specified in paragraphs (1) - (3) of this section may be used if validated by 40 CFR 63, Appendix A, Test Method 301 (effective December 29, 1992).  For the purposes of this paragraph, substitute “executive director” each place that Test Method 301 references “administrator.”

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.125 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


§115.126.  Monitoring and Recordkeeping Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA July 16, 2001 (66 FR 36917) effective September 14, 2001.

      The owner or operator of any facility which emits volatile organic compounds (VOC) through a stationary vent in Aransas, Bexar, Calhoun, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties or in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall maintain the following information at the facility for at least two years.  The owner or operator shall make the information available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area.

            (1)  Vapor control systems.  For vapor control systems used to control emissions in Victoria County and in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas from vents subject to the provisions of §115.121 of this title (relating to Emission Specifications), records of appropriate parameters to demonstrate compliance, including:

                  (A)  continuous monitoring and recording of:

                        (i)  the exhaust gas temperature immediately downstream of a direct-flame incinerator;

                        (ii)  the inlet and outlet gas temperatures of a catalytic incinerator or chiller;

                        (iii)  the exhaust gas VOC concentration of any carbon adsorption system, as defined in §101.1 of this title (relating to Definitions); and

                        (iv)  the exhaust gas temperature immediately downstream of a vapor combustor.  Alternatively, the owner or operator of a vapor combustor may consider the unit to be a flare and meet the requirements specified in 40 Code of Federal Regulations (CFR) 60.18(b) and Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter) for flares;

                  (B)  in the Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston areas, the requirements specified in 40 CFR 60.18(b) and Chapter 111 of this title for flares; and

                  (C)  for vapor control systems other than those specified in subparagraphs (A) and (B) of this paragraph, records of appropriate operating parameters.

            (2)  Test results.  A record of the results of any testing conducted in accordance with §115.125 of this title (relating to Testing Requirements).

            (3)  Records for exempted vents.  Records for each vent exempted from control requirements in accordance with §115.127 of this title (relating to Exemptions) shall be sufficient to demonstrate compliance with the applicable exemption limit, including the following, as appropriate:

                  (A)  the pounds of ethylene emitted per 1,000 pounds of low-density polyethylene produced;

                  (B)  the combined weight of VOC of each vent gas stream on a daily basis;

                  (C)  the concentration of VOC in each vent gas stream on a daily basis;

                  (D)  the maximum design flow rate or VOC concentration of each vent gas stream exempt under §115.127(a)(4)(C) of this title; and

                  (E)  the total design capacity of process units exempt under §115.127(a)(4)(B) of this title.

            (4)  Alternative records for exempted vents.  As an alternative to the requirements of paragraph (3)(B) and (C) of this section, records for each vent exempted from control requirements in accordance with §115.127 of this title and having a VOC emission rate or concentration less than the applicable exemption limits at maximum actual operating conditions shall be sufficient to demonstrate continuous compliance with the applicable exemption limit.  These records shall include complete information from either test results or appropriate calculations which clearly documents that the emission characteristics at maximum actual operating conditions are less than the applicable exemption limit.  This documentation shall include the operating parameter levels that occurred during any testing, and the maximum levels feasible (either VOC concentration or mass emission rate) for the process.

            (5)  Bakeries.  For bakeries subject to §115.122(a)(3)(A) - (B) of this title (relating to Control Requirements), the following additional requirements apply.

                  (A)  The owner or operator of each bakery in the Houston/Galveston area with a total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, equal to or greater than 25 tons per calendar year, shall submit a control plan no later than March 31, 2001, to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction.  The plan shall demonstrate that the overall emission reduction from the uncontrolled VOC emission rate of the oven(s) will be at least 80% by December 31, 2001.  At a minimum, the control plan shall include the emission point number (EPN) and the facility identification number (FIN) of each bakery oven and any associated control device, a plot plan showing the location, EPN, and FIN of each bakery oven and any associated control device, and the 2000 VOC emission rates (consistent with the bakery’s 2000 emissions inventory).  The projected 2002 VOC emission rates shall be calculated in a manner consistent with the 2000 emissions inventory.

                  (B)  All representations in control plans become enforceable conditions.  It shall be unlawful for any person to vary from such representations if the variation will cause a change in the identity of the specific emission sources being controlled or the method of control of emissions unless the owner or operator of the bakery submits a revised control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction within 30 days of the change.  All control plans shall include documentation that the overall emission reduction from the uncontrolled VOC emission rate of the bakery's oven(s) continues to be at least the specified percentage reduction.  The emission rates shall be calculated in a manner consistent with the most recent emissions inventory.

            (6)  Bakeries (contingency measures).  For bakeries subject to §115.122(a)(3)(C) and (D) of this title, the following additional requirements apply.

                  (A)  No later than six months after the commission publishes notification in the Texas Register as specified in §115.129(d) or (e) of this title (relating to Counties and Compliance Schedules), the owner or operator of each bakery shall submit an initial control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction which demonstrates that the overall reduction of VOC emissions from the bakery's 1990 emissions inventory will be at least 30%.  At a minimum, the control plan shall include the EPN and the FIN of each bakery oven and any associated control device, a plot plan showing the location, EPN, and FIN of each bakery oven and any associated control device, and the 1990 VOC emission rates (consistent with the bakery's 1990 emissions inventory).  The projected VOC emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

                  (B)  In order to document continued compliance with §115.122(a)(3) of this title, the owner or operator of each bakery shall submit an annual report no later than March 31 of each year to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction which demonstrates that the overall reduction of VOC emissions from the bakery's 1990 emissions inventory during the preceding calendar year is at least 30%.  At a minimum, the report shall include the EPN and FIN of each bakery oven and any associated control device, a plot plan showing the location, EPN, and FIN of each bakery oven and any associated control device, and the VOC emission rates.  The emission rates for the proceeding calendar year shall be calculated in a manner consistent with the 1990 emissions inventory.

                  (C)  All representations in control plans and annual reports become enforceable conditions.  It shall be unlawful for any person to vary from such representations if the variation will cause a change in the identity of the specific emission sources being controlled or the method of control of emissions unless the owner or operator of the bakery submits a revised control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction within 30 days of the change.  All control plans and reports shall include documentation that the overall reduction of VOC emissions from the bakery’s 1990 emissions inventory continues to be at least 30%.  The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

            (7)  Additional flare requirements.  The owner or operator of a facility that uses a flare to meet the requirements of §115.122(a)(2) of this title shall install, calibrate, maintain, and operate according to the manufacturer's specifications, a heat-sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light to indicate continuous presence of a flame.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.126 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


§115.127.  Exemptions.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA July 16, 2001 (66 FR 36917) effective September 14, 2001.

      (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions apply.

            (1)  A vent gas stream from a low-density polyethylene plant is exempt from the requirements of §115.121(a)(1) of this title  (relating to Emission Specifications) if no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the formation, handling, and storage of solidified product.

            (2)  The following vent gas streams are exempt from the requirements of §115.121(a)(1) of this title:

                  (A)  a vent gas stream having a combined weight of volatile organic compounds (VOC) equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period;

                  (B)  a vent gas stream specified in §115.121(a)(1) of this title with a concentration of VOC less than 612 parts per million by volume (ppmv);

                  (C)  until April 15, 2001, for facilities which have been assigned the code number 26 as described in the document Standard Industrial Classification (SIC) Manual, 1972, as amended by the 1977 Supplement, a vent gas stream specified in §115.121(a)(1) of this title with a concentration of VOC less than 30,000 ppmv;

                  (D)  a vent gas stream which is subject to §115.121(a)(2) or (3) of this title; and

                  (E)  a vent gas stream which qualifies for exemption under paragraphs (3), (4)(B), (4)(C), (4)(D), (4)(E), or (5) of this subsection.

            (3)  The following vent gas streams are exempt from the requirements of §115.121(a)(2)(B) - (E) of this title:

                  (A)  a vent gas stream having a combined weight of VOC equal to or less than 100 pounds (45.4 kilograms) in any continuous 24-hour period;

                  (B)  a vent gas stream from any air oxidation synthetic organic chemical manufacturing process with a concentration of VOC less than 612 ppmv; and

                  (C)  a vent gas stream from any liquid phase polypropylene manufacturing process, any liquid phase slurry high-density polyethylene manufacturing process, and any continuous polystyrene manufacturing process with a concentration of VOC less than 408 ppmv.

            (4)  For synthetic organic chemical manufacturing industry (SOCMI) reactor processes and distillation operations:

                  (A)  Any reactor process or distillation operation that is designed and operated in a batch mode is exempt from the requirements of §115.121(a)(2)(A) of this title.  For the purposes of this subparagraph, batch mode means any noncontinuous reactor process or distillation operation which is not characterized by steady-state conditions, and in which the addition of reactants does not occur simultaneously with the removal of products.

                  (B)  Any reactor process or distillation operation operating in a process unit with a total design capacity of less than 1,100 tons per year, for all chemicals produced within that unit, is exempt from the requirements of §115.121(a)(2)(A) of this title.

                  (C)  Any reactor process or distillation operation vent gas stream with a flow rate less than 0.011 standard cubic meters per minute or a VOC concentration less than 500 ppmv is exempt from the requirements of §115.121(a)(2)(A) of this title.

                  (D)  Any distillation operation vent gas stream which meets the requirements of 40 Code of Federal Regulations (CFR) 60.660(c)(4) or 60.662(c) (concerning Subpart NNN--Standards of Performance for VOC Emissions From SOCMI Distillation Operations, effective June 29, 1990) is exempt from the requirements of §115.121(a)(2)(A) of this title.

                  (E)  Any reactor process vent gas stream which meets the requirements of 40 CFR 60.700(c)(2) or 60.702(c) (concerning Subpart RRR--Standards of Performance for VOC Emissions From SOCMI Reactor Processes, effective November 27, 1995) is exempt from the requirements of §115.121(a)(2)(A) of this title.

            (5)  Bakeries are exempt from the requirements of §115.121(a)(3) and §115.122(a)(3) of this title (relating to Emission Specifications and Control Requirements) if the total weight of VOC emitted from all bakery ovens on the property, when uncontrolled, is less than 25 tons per calendar year.

            (6)  A vent gas stream is exempt from this division (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another division within Chapter 115 (for example, Storage of VOC) has established a control requirement(s), emission specification(s), or exemption(s) which applies to that VOC source category in that county.

            (7)  A combustion unit exhaust stream is exempt from this division (relating to Vent Gas Control) provided that the unit is not being used as a control device for any vent gas stream which is subject to this division and which originates from a non-combustion source.

            (8)  As an alternative to complying with the requirements of this division (relating to Vent Gas Control) (or, in the case of bakeries, as an alternative to complying with the requirements of §115.121(a)(1) and §115.122(a)(1) of this title) for a source that is addressed by a Chapter 115 contingency rule (i.e., one in which Chapter 115 requirements are triggered for that source by the commission publishing notification in the Texas Register that implementation of the contingency rule is necessary), the owner or operator of that source may instead choose to comply with the requirements of the contingency rule as though the contingency rule already had been implemented for that source.  The owner or operator of each source choosing this option shall submit written notification to the executive director and any local air pollution control program with jurisdiction.  When the executive director and the local program (if any) receive such notification, the source will then be considered subject to the contingency rule as though the contingency rule already had been implemented for that source.

      (b)  For all persons in Nueces and Victoria Counties, the following exemptions apply.

            (1)  A vent gas stream from a low-density polyethylene plant is exempt from the requirements of §115.121(b)(1) of this title if no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the formation, handling, and storage of the solidified product.

            (2)  The following vent gas streams are exempt from the requirements of §115.121(b) of this title:

                  (A) a vent gas stream having a combined weight of the VOC or classes of compounds specified in §115.121(b)(2) and (3) of this title equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period; and

                  (B)  a vent gas stream with a concentration of the VOC or classes of compounds specified in §115.121(b)(2) and (3) of this title less than 30,000 ppmv.

            (3)  A vent gas stream is exempt from this division (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another division within Chapter 115 (for example, Storage of VOC) has established a control requirement(s), emission specification(s), or exemption(s) which applies to that VOC source category in that county.

            (4)  A combustion unit exhaust stream is exempt from this division (relating to Vent Gas Control) provided that the unit is not being used as a control device for any vent gas stream which is subject to this division and which originates from a non-combustion source.

      (c)  For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following exemptions apply.

            (1)  The following vent gas streams are exempt from the requirements of §115.121(c)(1) of this title:

                  (A)  a vent gas stream from a low-density polyethylene plant provided that no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the formation, handling, and storage of solidified product;

                  (B)  a vent gas stream having a combined weight of the VOC or classes of compounds specified in §115.121(c)(1)(B)-(C) of this title equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period; and

                  (C)  a vent gas stream having a concentration of the VOC specified in §115.121(c)(1)(B) and (C) of this title less than 30,000 ppmv.

            (2)  A vent gas stream specified in §115.121(c)(2) of this title which emits less than or equal to five tons (4,536 kg) of total uncontrolled VOC in any one calendar year is exempt from the requirements of §115.121(c)(2) of this title.

            (3)  A vent gas stream is exempt from this division (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another division within Chapter 115 (for example, Storage of VOC) has established a control requirement(s), emission specification(s), or exemption(s) which applies to that VOC source category in that county.

            (4)  A combustion unit exhaust stream is exempt from this division (relating to Vent Gas Control) provided that the unit is not being used as a control device for any vent gas stream which is subject to this division and which originates from a non-combustion source.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.127 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


§115.129.  Counties and Compliance Schedules.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA July 16, 2001 (66 FR 36917) effective September 14, 2001.

      (a)  The owner or operator of each vent gas stream in Aransas, Bexar, Brazoria, Calhoun, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Matagorda, Montgomery, Nueces, Orange, San Patricio, Tarrant, Travis, Victoria, and Waller Counties shall continue to comply with this division (relating to Vent Gas Control) as required by §115.930 of this title (relating to Compliance Dates).

      (b)  The owner or operator of each bakery in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall comply with §§115.121(a)(3), 115.122(a)(3), and 115.126(5) of this title (relating to Emission Specifications; Control Requirements; and Monitoring and Recordkeeping Requirements) as soon as practicable, but no later than December 31, 2001.

      (c)  The owner or operator of each bakery in Collin, Dallas, Denton, and Tarrant Counties subject to §115.122(a)(3)(B) of this title shall comply with §§115.121(a)(3), 115.122(a)(3), and 115.126(5) of this title as soon as practicable, but no later than December 31, 2000.

      (d)  The owner or operator of each bakery in Collin, Dallas, Denton, and Tarrant Counties subject to §115.122(a)(3)(C) of this title shall comply with §§115.121(a)(3), 115.122(a)(3)(C), and 115.126(6) of this title as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the national ambient air quality standard (NAAQS) for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in the FCAA, §172(c)(9).

      (e)  The owner or operator of each bakery in El Paso County subject to §115.122(a)(3)(D) of this title shall comply with §§115.121(a)(3), 115.122(a)(3)(D), and 115.126(6) of this title as soon as practicable, but no later than one year, after the commission publishes notification in the Texas Register of its determination that this contingency rule is necessary as a result of failure to attain the NAAQS for ozone by the attainment deadline or failure to demonstrate reasonable further progress as set forth in the FCAA, §172(c)(9).

      (f)  The owner or operator of each flare in Brazoria, Chambers, Collin, Dallas, Denton, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties which is used to comply with the requirements of §115.121 and/or §115.122 of this title shall comply with §115.125(3)(C) and §115.126(1)(B) of this title (relating to Testing Requirements; and Monitoring and Recordkeeping Requirements) as soon as practicable, but no later than December 31, 2001.

      (g)  The owner or operator of each vent gas stream in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties shall comply with the recordkeeping requirements of §115.126(3) and (4) of this title as soon as practicable, but no later than December 31, 2001.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.129 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**
*******end tx chapter 115 subchapter b division 2***d21**eb9e*****c1i**