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

SUBCHAPTER B : GENERAL VOLATILE ORGANIC COMPOUND SOURCES

DIVISION 2 [B:2] :  VENT GAS CONTROL 

(As approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

Outline:
          §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.


§115.121.  Emission Specifications. 

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     (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.

As adopted by TNRCC April 30, 1997, effective May 22, 1997

************************end tx 115.121*************ea65***a69**

§115.122.  Control Requirements.

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     (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% oxygen for combustion devices):

               (A)  in a direct-flame incinerator at a temperature equal to or greater than 1300EF (704EC);

               (B)  in a smokeless flare; or

               (C)  by any other vapor recovery 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% oxygen for combustion devices):

               (A)  in a smokeless flare; or

               (B)  by any other vapor recovery 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 reduce total VOC emissions by at least 30% from the bakery's 1990 baseline emissions inventory by May 31, 1996.

               (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 reduce total VOC emissions by at least 80% from the bakery's 1990 baseline emissions inventory 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 baseline emissions inventory in accordance with the schedule specified in §115.129(a)(4) 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 baseline emissions inventory in accordance with the schedule specified in §115.129(a)(5) of this title.

               (E)  Emission reductions in the 30% to 90% range are not creditable under  §101.29 of this title (relating to Emissions 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 standard exemption required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Exemptions from Permitting).  If a standard exemption is available for the project, compliance with this subsection must be maintained for 30 days after the filing of documentation of compliance with that standard exemption; or

               (B)  if authorization by permit, permit amendment, standard permit, or standard exemption is not required for the project, the owner/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% oxygen for combustion devices):

          (1)  in a direct-flame incinerator at a temperature equal to or greater than 1300EF (704EC);

          (2)  in a smokeless flare; or

          (3)  by any other vapor recovery 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 1300EF (704EC);

               (B)  in a smokeless flare; or

               (C)  by any other vapor recovery 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% 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 1300EF (704EC); or

               (B)  by any other vapor recovery 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% 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 1300EF (704EC) in an afterburner having a retention time of at least one-fourth (1/4) 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 recovery 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% 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 recovery 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% oxygen for combustion devices).

As adopted by TNRCC February 24, 1999, effective March 21, 1999

************************end tx 115.122*************ea65***a69**

§115.123.  Alternate Control Requirements.

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     (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.

As adopted by TNRCC February 24, 1999, effective March 21, 1999

************************end tx 115.123*************ea65***a69**

§115.125.  Testing Requirements.

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     (a)  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, compliance with §115.121(a) of this title (relating to Emission Specifications) shall be determined by applying the following test methods, as appropriate:

          (1)  Test Method 22 (40 Code of Federal Regulations (CFR) 60, Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares;

          (2)  additional test method requirements for flares described in 40 CFR 60.18(f);

          (3)  Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rate, as necessary;

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

          (5)  Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon;

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

          (7)  minor modifications to these test methods approved by the Executive Director.

     (b)  For Nueces and Victoria Counties, compliance with §115.121(b) of this title shall be determined by applying the following test methods, as appropriate:

          (1)  Test Method 22 (40 CFR 60, Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares;

          (2)  additional test method requirements for flares described in 40 CFR 60.18(f);

          (3)  Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rate, as necessary;

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

          (5)  Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon;

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

          (7)  minor modifications to these test methods approved by the Executive Director.

As adopted by TNRCC May 8, 1992, effective August 1, 1992

************************end tx 115.125*************ea65***a69**

§115.126.  Monitoring and Recordkeeping Requirements.

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     (a)  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the owner or operator of any facility which emits volatile organic compounds (VOC) through a stationary vent shall maintain records at the facility for at least two years and shall make such records available to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area upon request.  These records shall include, but not be limited to, the following.

          (1)  Records for each vent required to satisfy the provisions of §115.121(a)(1)-(3) of this title (relating to Emission Specifications) shall be sufficient to demonstrate the proper functioning of applicable control equipment to design specifications, including:

               (A)  continuous monitoring of the exhaust gas temperature immediately downstream of a direct-flame incinerator;

               (B)  continuous monitoring of temperature upstream and downstream of a catalytic incinerator or chiller;

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

               (D)  the results of any testing of any vent conducted at an affected facility in accordance with the provisions specified in §115.125(a) of this title (relating to Testing Requirements).

          (2)  Records for each vent exempted from control requirements in accordance with §115.127(a) of this title (relating to Exemptions) shall be sufficient to demonstrate compliance with applicable exemption limits, including:

               (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 true partial pressure of VOC in each vent gas stream on a daily basis; and

               (D)  the results of any testing of any vent conducted at an affected facility in accordance with the provisions specified in this section.

          (3)  As an alternative to the requirements of paragraph (2) of this subsection, records for each vent exempted from control requirements in accordance with §115.127(a) of this title and having a VOC emission rate or concentration less than 50% of 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 50% of the applicable exemption limits.  This documentation shall include the operating parameter levels that occurred during any testing, and the maximum levels feasible for the process.

          (4)  For bakeries affected by §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 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 submit an initial control plan no later than March 31, 2000, 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 baseline emissions inventory will be at least 80% by December 31, 2000.  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 1990 VOC emission rates (consistent with the bakery’s 1990 emissions inventory).  The projected 2000 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 specified in clauses (i) and (ii) of this subparagraph 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 the overall reduction of VOC emissions from the bakery's 1990 baseline emissions inventory during the preceding calendar year.  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.

                    (i) The owner or operator of each bakery in the Houston/Galveston area with VOC emissions, when uncontrolled, equal to or greater than 25 tons per calendar year, shall submit an annual report which demonstrates that the overall reduction of VOC emissions from the bakery's 1990 baseline emissions inventory during the preceding calendar year is at least 30% after May 31, 1996.

                    (ii)  Beginning in 2002, the owner or operator of each bakery in the Dallas/Fort Worth area with VOC emissions, when uncontrolled, equal to or greater than 50 tons per calendar year, shall submit an annual report which demonstrates that the overall reduction of VOC emissions from the bakery's 1990 baseline emissions inventory during the preceding calendar year is at least 80% after December 31, 2000.

               (C)  All representations in initial 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 baseline emissions inventory continues to be at least 30%.  The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

          (5)  For bakeries affected by §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(a)(4) 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 baseline 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 baseline 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 initial 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 baseline emissions inventory continues to be at least 30%.  The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

          (6)  The owner or operator of a facility that uses a flare to meet the requirements of §115.122(a)(2) 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.

     (b)  For Victoria County, the owner or operator of any facility which emits VOC through a stationary vent shall maintain records at the facility for at least two years and shall make such records available to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area upon request.  These records shall include, but not be limited to, the following.

          (1)  Records for each vent required to satisfy the provisions of §115.121(b) of this title shall be sufficient to demonstrate the proper functioning of applicable control equipment to design specifications, including:

               (A)  continuous monitoring of the exhaust gas temperature immediately downstream of a direct-flame incinerator;

               (B)  continuous monitoring of temperatures upstream and downstream of a catalytic incinerator or chiller;

               (C)  continuous monitoring of the exhaust gas VOC concentration of any carbon adsorption system, as defined in §101.1 of this title;

               (D)  the results of any testing of any vent conducted at an affected facility in accordance with the provisions specified in §115.125(b) of this title.

               (E)  the results of any testing of any vent conducted at an affected facility in accordance with the provisions specified in §115.125(b) of this title.

          (2)  Records for each vent exempted from control requirements in accordance with §115.127(b) of this title shall be sufficient to demonstrate compliance with applicable exemption limits, including:

               (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 true partial pressure of VOC in each vent gas stream on a daily basis; and

               (D)  the results of any testing of any vent conducted at an affected facility in accordance with the provisions specified in this section.

          (3)  As an alternative to the requirements of paragraph (2) of this subsection, records for each vent exempted from control requirements in accordance with §115.127(b) of this title and having a VOC emission rate or concentration less than 50% of 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 50% of the applicable exemption limits.  This documentation shall include the operating parameter levels that occurred during any testing, and the maximum levels feasible for the process.

As adopted by TNRCC February 24, 1999, effective March 21, 1999

************************end tx 115.126*************ea65***a69**

§115.127.  Exemptions.

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     (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/1000 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 0.009 pounds per square inch absolute (psia) true partial pressure (612 parts per million (ppm));

               (C)  until November 15, 1999, 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 0.44 psia true partial pressure (30,000 ppm);

               (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 0.009 pounds psia true partial pressure (612 ppm)); 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 0.006 psia true partial pressure (408 ppm).

          (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 parts per million by volume 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 undesignated head (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another undesignated head 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 undesignated head (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 undesignated head and which originates from a non-combustion 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/1000 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)-(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)-(3) of this title less than 0.44 psia true partial pressure (30,000 ppm).

          (3)  A vent gas stream is exempt from this undesignated head (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another undesignated head 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 undesignated head (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 undesignated head 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/1000 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 0.44 psia true partial pressure (30,000 ppm).

          (2)  A vent gas stream specified in §115.121(c)(2) of this title which emits less than or equal to 5 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 undesignated head (relating to Vent Gas Control) if all of the VOCs in the vent gas stream originate from a source(s) for which another undesignated head 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 undesignated head (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 undesignated head and which originates from a non-combustion source.

As adopted by TNRCC April 30, 1997, effective May 22, 1997

************************end tx 115.127*************ea65***a69**

§115.129.  Counties and Compliance Schedules.

(Approved by EPA 04/06/2000 (65 FR 18003) effective 06/05/2000.)

     All affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall be in compliance with this undesignated head (relating to Vent Gas Control) in accordance with the following schedules:

          (1)  All affected synthetic organic chemical manufacturing industry reactor process or distillation operations in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall be in compliance with §115.121(a)(2)(A) of this title (relating to Emission Specifications) as soon as practicable, but no later than November 15, 1996.

          (2)  All affected bakeries in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall be in compliance with §§115.121(a)(3), 115.122(a)(3), 115.126(a)(4), and 115.127(a)(5) of this title (relating to Emission Specifications; Control Requirements; Monitoring and Recordkeeping Requirements; and Exemptions) as soon as practicable, but no later than May 31, 1996.

          (3)  All bakeries in Collin, Dallas, Denton, and Tarrant Counties affected by §115.122(a)(3)(B) of this title shall be in compliance with §§115.121(a)(3), 115.122(a)(3), 115.126(a)(4), and 115.127(a)(5) of this title as soon as practicable, but no later than May 31, 1996.

          (4)  All bakeries in Collin, Dallas, Denton, and Tarrant Counties affected by §115.122(a)(3)(C) of this title shall be in compliance with §§115.121(a)(3), 115.122(a)(3)(C), 115.126(a)(5), and 115.127(a)(5) 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 1990 Amendments to the Federal Clean Air Act (FCAA), §172(c)(9).

          (5)  All bakeries in El Paso County affected by §115.122(a)(3)(D) of this title shall be in compliance with §§115.121(a)(3), 115.122(a)(3)(D), 115.126(a)(5), and 115.127(a)(5) 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 1990 Amendments to the FCAA, §172(c)(9).

As adopted by TNRCC April 30, 1997, effective May 22, 1997

**********************end tx 115.129*************ea65***a69**
****************end tx 115.121 to 115.129*******tx5ea65b**a69**