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

SUBCHAPTER B : GENERAL VOLATILE ORGANIC COMPOUND SOURCES

[B:4]  INDUSTRIAL WASTEWATER 

Outline:
          §115.140.  Definitions.
          §115.142.  Control Requirements.
          §115.143.  Alternate Control Requirements.
          §115.144.  Inspection and Monitoring Requirements.
          §115.145.  Approved Test Methods.
          §115.146.  Recordkeeping Requirements.
          §115.147.  Exemptions.
          §115.148.  Determination of Wastewater Characteristics.
          §115.149.  Counties and Compliance Schedules.


§115.140.  Definitions.

104E  The following terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise.

104E    Affected source category - Any of the following source categories:
         (A)  organic chemicals, plastics, and synthetic fibers manufacturing industry under Standard Industrial Classification (SIC) codes 2821, 2823, 2824, 2865, and 2869;
         (B)  pesticides manufacturing industry under SIC code 2879;
         (C)  petroleum refining industry under SIC code 2911;
         (D)  pharmaceutical manufacturing industry under SIC codes 2833, 2834, and 2836;
         (E)  hazardous waste treatment, storage, and disposal facilities industry under SIC codes 4952, 4953, and 4959.

104E    Affected volatile organic compounds (VOC) wastewater stream - A VOC wastewater stream from an affected source category with either a VOC concentration greater than or equal to 10,000 parts per million by weight (ppmw) or a VOC concentration greater than or equal to 1000 ppmw and a flow rate greater than or equal to 10 liters per minute (2.64 gallons per minute), as determined in accordance with §115.148, of this title (relating to Determination of Wastewater Characteristics).

104E    Plant - All facilities included within the same Texas Natural Resource Conservation Commission account number.

104E    Point of generation - The location where a VOC wastewater stream exits a process unit.

104E    Properly operated biotreatment unit - A suspended growth process that generates biomass and recycles biomass to maintain biomass concentrations in the treatment unit.  The average concentration of suspended biomass maintained in the aeration basin of a properly operated biotreatment unit shall equal or exceed 1.0 kilogram per cubic meter (kg/m3), measured as total suspended solids.

104E    Volatile organic compounds (VOC) wastewater - Water which, as part of a facility process, has come into contact with VOC and is intended for treatment, disposal, or discharge without further use in the process unit.
 
******************* end 115.140 *************************

§115.142.  Control Requirements.

104E  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, any person who is the owner or operator of an affected source category within a plant shall comply with the following control requirements.  Any component of a wastewater storage, handling, transfer, or treatment facility, if the component contains an affected volatile organic compounds (VOC) wastewater stream, shall be controlled in accordance with either paragraph (1) or (2) of this section, except for a properly operated biotreatment unit and a wet weather retention basin.  The control requirements shall apply from the point of generation of an affected VOC wastewater stream until the affected VOC wastewater stream is either returned to a process unit or is treated to remove VOC so that the wastewater stream no longer meets the definition of an affected VOC wastewater stream.  For wastewater streams which are combined and then treated to remove VOC, the amount of VOC to be removed from the combined wastewater stream shall be at least the total amount of VOC that would be removed to treat each individual affected VOC wastewater stream so that they no longer meet the definition of affected VOC wastewater stream.  For this undesignated head, a component of a wastewater storage, handling, transfer, or treatment facility shall include, but is not limited to, wastewater storage tanks, surface impoundments, wastewater drains, junctions boxes, lift stations, weirs, and oil-water separators.

104E       (1)  The wastewater component shall meet the following requirements.

104E            (A)  All components shall be fully covered or be equipped with water seal controls.

104E            (B)  All openings shall be closed and sealed, except when the opening is in actual use for its intended purpose or the component is maintained at a pressure less than atmospheric pressure.

104E            (C)  All liquid contents shall be totally enclosed.

104E            (D)  If any cover, other than a junction box cover, is equipped with a vent, the vent shall be equipped with either a vapor recovery system which maintains a minimum control efficiency of 90% or a system which prevents the flow of VOC vapors from the vent during normal operation.  Any junction box vent shall be equipped with a vent pipe at least 90 centimeters (cm) (36 inches (in.)) in length and no more than 10.2 cm (4.0 in.) in diameter.

104E            (E)  All gauging and sampling devices shall be vapor-tight except during gauging or sampling.

104E            (F)  Any loading or unloading to or from a portable container by pumping shall be performed with a submerged fill pipe.

104E            (G)  All seals and cover connections shall be maintained in proper condition.  For purposes of this rule, "proper condition" means that covers shall have a tight seal around the edge and shall be kept in place except as allowed by this undesignated head, that seals shall not be broken or have gaps, and that sewer lines shall have no visible gaps or cracks in joints, seals, or other emission interfaces.

104E            (H)  If any seal or cover connection is found to not be in proper condition, the repair or correction shall be completed as soon as possible but within 15 days of detection, unless the repair or correction is technically impossible without requiring a unit shutdown, in which case the repair or correction shall be made before the end of the next unit shutdown.
104E       (2)  The wastewater component shall be equipped with a floating roof or internal floating cover which meets the following requirements.

104E            (A)  All openings in an internal or external floating roof except for automatic bleeder vents and rim space vents shall provide a projection below the liquid surface or be equipped with a cover, seal, or lid.  Any cover, seal, or lid shall be in a closed (i.e., no visible gap) position at all times except when the opening is in actual use for its intended purpose.

104E            (B)  Automatic bleeder vents shall be closed at all times except when the roof is floated off or landed on the roof leg supports.

104E            (C)  Rim vents, if provided, shall be set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

104E            (D)  Any emergency roof drain shall be provided with a slotted membrane fabric cover that covers at least 90% of the area of the opening.

104E            (E)  There shall be no visible holes, tears, or other openings in any seal or seal fabric.

104E            (F)  Secondary seals shall be the rim-mounted type (i.e., the seal shall be continuous from the floating roof to the tank wall).  The accumulated area of gaps that exceed 1/8 in. (0.32 cm) in width between the secondary seal and tank wall shall be no greater than 1.0 in.^2 per foot (21 cm^2/meter) of tank diameter;

104E       (3)  Any wastewater component that becomes subject to this section by exceeding the provisions of §115.147 of this title (relating to Exemptions) or an affected VOC wastewater stream as defined in §115.140 of this title (relating to Definitions), will remain subject to the requirements of this section, even if the component later falls below those provisions unless and until emissions are reduced to at or below the controlled emissions level existing prior to the implementation of the project by which throughput or emission rate was reduced and less than the applicable exemption levels in §115.147 of this title, and

104E             (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 of this title (relating to Control of Air Pollution By Permits for New Construction or Modification).  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

104E            (B)  if authorization by permit or standard exemption is not required for the project, the owner or operator has given the Texas Natural Resource Conservation Commission 30 days' notice of the project in writing.

******************* end 115.142 *************************

§115.143.  Alternate Control Requirements.

105B  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, alternate methods of demonstrating and documenting continuous compliance with applicable control requirements or exemption criteria in this undesignated head 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.
******************* end 115.143 *************************

§115.144.  Inspection and Monitoring Requirements.

104E  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, any person who is the owner or operator of a facility subject to the control requirements of §115.142 of this title (relating to Control Requirements), shall comply with the following inspection and monitoring requirements.

104E       (1)  All seals and covers used to comply with §115.142(1) of this title, shall be inspected according to the following schedules to ensure compliance with §115.142(1)(G)-(H) of this title:

104E            (A)  initially and semiannually thereafter to ensure compliance with §115.142(1)(G) of this title; and

104E            (B)  upon completion of repair to ensure compliance with §115.142(1)(G)-(H) of this title.

104E       (2)  Floating roofs and internal floating covers used to comply with §115.142(2) of this title, shall be subject to the following requirements.  All secondary seals shall be inspected according to the following schedules to ensure compliance with §115.142(2)(E)-(F) of this title.

104E            (A)  If the primary seal is vapor-mounted, the secondary seal gap area shall be physically measured annually to ensure compliance with §115.142(2)(F) of this title.

104E            (B)  If the tank is equipped with a metallic type shoe or liquid-mounted primary seal, compliance with §115.142(2)(F) of this title may be determined by visual inspection.

104E            (C)  All secondary seals shall be visually inspected semiannually to ensure compliance with §115.142(2)(E)-(F) of this title.

104E       (3)  Monitors shall be installed and maintained as required by this subsection to measure operational parameters of any emission control device or other device installed to comply with §115.142 of this title.  Such monitoring and parameters shall be sufficient to demonstrate proper functioning of those devices, and include the monitoring and parameters listed in subparagraphs (A) through (F) of this paragraph, as applicable.  In lieu of the monitoring and parameters listed in subparagraphs (A) through (F) of this paragraph, other monitoring and parameters may be approved or required by the Executive Director.

104E            (A)  for an enclosed combustion device (including, but not limited to, a thermal incinerator, boiler, or process heater), continuously monitor and record the temperature of the gas stream either in the combustion chamber or immediately downstream before any substantial heat exchange;

104E            (B)  for a catalytic incinerator, continuously monitor and record the temperature of the gas stream immediately before and after the catalyst bed;

104E            (C)  for a condenser (chiller), continuously monitor and record the temperature of the gas stream at the condenser exit;

104E            (D)  for a carbon adsorber, continuously monitor and record the VOC concentration of exhaust gas stream to determine if breakthrough has occurred.  If the carbon adsorber does not regenerate the carbon bed directly in the control device (e.g., a carbon canister), the exhaust gas stream shall be monitored daily or at intervals no greater than 20% of the design replacement interval, whichever is greater, or as an alternative to conducting monitoring, the carbon may be replaced with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and the VOC concentration in the gas stream vented to the carbon adsorber;

104E            (E)  for a flare, continuously monitor for the presence of a flare pilot light using a thermocouple or any other equivalent device to detect the presence of a flame; and

104E            (F)  for a steam stripper, continuously monitor and record the steam flow rate, the wastewater feed mass flow rate, the wastewater feed temperature, and condenser vapor outlet temperature.

******************* end 115.144 *************************

§115.145.  Approved Test Methods.

104E  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, compliance with this undesignated head shall be determined by applying the following test methods, as appropriate:

104E       (1)  for determination of gas flow rate - Test Methods 1-4 (40 Code of Federal Regulations (CFR) Part 60, Appendix A);

104E       (2)  for determination of gaseous organic compound emissions by gas chromatography - Test Method 18 (40 CFR Part 60, Appendix A);

104E       (3)  for determination of volatile organic compound (VOC) leaks and for monitoring a carbon canister in accordance with §115.144(3)(D) (relating to Inspection and Monitoring Requirements) - Test Method 21 (40 CFR Part 60, Appendix A);

104E       (4)  for determination of total gaseous nonmethane organic emissions as carbon - Test Method 25 (40 CFR Part 60, Appendix A);

104E       (5)  for determination of total gaseous organic concentration using a flame ionization or a non dispersive infrared analyzer - Test Methods 25A or 25B (40 CFR Part 60, Appendix A);

104E       (6)  for determination of VOC concentration of wastewater samples - Test Method 5030 (purge and trap) followed by Test Method 8015 with a DB-5 boiling point (or equivalent column), and flame ionization detector, with the detector calibrated with benzene (SW-846 and 40 CFR Part 261); Test Methods 3810, 5030 (followed by 8020), 8240, 8260, and 9060 (SW-846 and 40 CFR Part 261); Test Methods 602 and 624 (40 CFR Part 136); Test Method 5310(B)(Standard Methods 17th Edition); or Test Method 25D (40 CFR Part 60, Appendix A);

104E       (7)  for determination of true vapor pressure - American Society for Testing and Materials Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure, adjusted for actual storage temperature in accordance with American Petroleum Institute Publication 2517, Third Edition, 1989; and 

104E       (8)  minor modifications to these test methods approved by the Executive Director.

******************* end 115.145 *************************

§115.146.  Recordkeeping Requirements.

104E  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, any person who is the owner or operator of an affected source category within a plant shall comply with the following recordkeeping requirements.

104E       (1)  Complete and up-to-date records shall be maintained as needed to demonstrate compliance with §115.142 of this title (relating to Control Requirements) which are sufficient to demonstrate the characteristics of wastewater streams and the qualification for any exemptions claimed under §115.147 of this title (relating to Exemptions).

104E       (2)  Records shall be maintained of the results of any inspection or monitoring conducted in accordance with the provisions specified in §115.144 of this title (relating to Inspection and Monitoring Requirements).

104E       (3)  Records shall be maintained of the results of any testing conducted in accordance with the provisions specified in §115.145 of this title (relating to Approved Test Methods).

104E       (4)  Records shall be maintained of the dates and reasons for any maintenance and repair of the required control devices and the estimated quantity and duration of VOC emissions during such activities.

105P       (5)  All records shall be maintained at the plant for at least 2 years and be made available upon request to representatives of the executive director, United States Environmental Protection Agency, or any local air pollution control agency having jurisdiction in the area.

******************* end 115.146 *************************

§115.147.  Exemptions.

104E  For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions shall apply.

104E       (1)  Any plant with an annual volatile organic compounds (VOC) loading in wastewater, as determined in accordance with §115.148 of this title (relating to Determination of Wastewater Characteristics), less than or equal to 10 megagrams (Mg) (11.03 tons) shall be exempt from the control requirements of §115.142 of this title (relating to Control Requirements).

104E       (2)  At any plant with an annual VOC loading in wastewater, as determined in accordance with §115.148 of this title greater than 10 Mg (11.03 tons), any person who is the owner or operator of the plant may exempt from the control requirements of §115.142 of this title one or more affected VOC wastewater streams for which the sum of the annual VOC loading in wastewater for all of the exempted streams is less than or equal to 10 Mg (11.03 tons).

104E       (3)  Unless specifically required by this undesignated head, any component of a wastewater storage, handling, transfer, or treatment facility to which the requirements of this undesignated head applies shall be exempt from the requirements of any other portion of this chapter.

104E       (4)  If compliance with the control requirements of §115.142 of this title would create a safety hazard in a component of a wastewater storage, handling, transfer, or treatment facility, the owner or operator may request the Executive Director to exempt that component from the control requirements of §115.142 of this title.  The Executive Director shall approve the request if justified by the likelihood and magnitude of the potential injury and if the Executive Director determines that reducing or eliminating the hazard is technologically or economically unreasonable based on the emissions reductions that would be achieved.

104E       (5)  Wastewater components are exempt from the control requirements of §115.142 of this title if the overall control of VOC emissions at the account from wastewater from affected source categories is at least 90% less than the 1990 baseline emissions inventory, and the following requirements are met.

105P            (A)  To qualify for the exemption available under this paragraph after December 31, 1996, the owner or operator of a wastewater component for which a control plan was not previously submitted shall submit a control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction which demonstrates that the overall control of VOC emissions at the account from wastewater from affected source categories will be at least 90% less than the 1990 baseline emissions inventory.  Any control plan submitted after December 31, 1996, must be approved by the executive director before the owner or operator may use the exemption available under this paragraph for compliance.  At a minimum, the control plan shall include the applicable emission point number (EPN); the facility identification number (FIN); the calendar year 1990 emission rates of wastewater from affected source categories (consistent with the 1990 emissions inventory); a plot plan showing the location, EPN, and FIN associated with a wastewater storage, handling, transfer, or treatment facility; the VOC emission rates for the preceding calendar year; and an explanation of the recordkeeping procedure and calculations which will be used to demonstrate compliance.  The VOC emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

105P            (B)  In order to maintain exemption status under this paragraph, the owner or operator 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 control of VOC emissions at the account from wastewater from affected source categories during the preceding calendar year is at least 90% less than the 1990 baseline emissions inventory.  At a minimum, the report shall include the EPN; FIN; the throughput of wastewater from affected source categories; a plot plan showing the location, EPN, and FIN associated with a wastewater storage, handling, transfer, or treatment facility; and the VOC emission rates for the preceding calendar year.  The emission rates for the preceding calendar year shall be calculated in a manner consistent with the 1990 emissions inventory.

105P            (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 wastewater component submits a revised control plan to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction no later than 30 days after the change.  All control plans and reports shall include documentation that the overall reduction of VOC emissions at the account from wastewater from affected source categories continues to be at least 90% less than the 1990 baseline emissions inventory.  The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

NOTE TO READER: It is unclear if §115.147(6) below is still in the SIP.   A revision to the introductory paragraph adopted by TNRCC January 4, 1995, was approved by EPA at 105B.   However this section is not in §115.147 as adopted by TNRCC April 30, 1997, effective May 22, 1997, approved by EPA at 105P.  It is unclear if EPA approval of revisions to subsections 115.147(5)(A), (B), and (C) above at 105P was also intended to remove 115.147(6).  END NOTE TO READER

105B?      (6)  The owner or operator of wastewater components subject to the control requirements of §115.142 of this title may request an exemption determination from the Executive Director in accordance with §115.910 of this title (relating to Availability of Alternate Means for Control) if the overall control of VOC emissions at the  account from wastewater from affected source categories is at least 80% less than the 1990 baseline emissions inventory, and the following requirements are met.

104E            (A)  Each request for an exemption determination shall be submitted to the TNRCC Austin Office (Office of Air Quality), the appropriate TNRCC Regional Office, and any local air pollution control program with jurisdiction.  Each request shall demonstrate that the overall control of VOC emissions at the account from wastewater from affected source categories will be at least 80% less than the 1990 baseline emissions inventory.  The request shall include the applicable EPN; the FIN; the calendar year throughput of wastewater from affected source categories; the VOC emission rates; and a plot plan showing the location, EPN, and FIN associated with a wastewater storage, handling, transfer, or treatment facility.  The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

104E           (B)  The Executive Director shall approve the exemption for specific wastewater components if it is determined to be economically unreasonable to control the associated emissions subject to these rules, all reasonable controls are applied, and the overall control of VOC emissions at the account from wastewater from affected source categories is at least 80% less than the 1990 baseline emissions inventory.  The Executive Director may subsequently direct the holder of an exemption under this paragraph to reapply for their exemption if there is good cause to believe that it has become economically reasonable to meet the requirements of §115.142 (relating to Control Requirements).  Within three months of an Executive Director request, the holder of an exemption under this paragraph shall reapply for their exemption.  If the reapplication for an exemption is denied, the holder of the exemption shall meet the requirements of §115.142 (relating to Control Requirements) as soon as practicable, but no later than two years from the date of denial. 

104E           (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 wastewater component submits a revised control plan to the TNRCC Austin Office (Office of Air Quality), the appropriate TNRCC 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 at the account from wastewater affected source categories continues to be at least 80% less than the 1990 baseline emissions inventory.  The emission rates shall be calculated in a manner consistent with the 1990 emissions inventory.

******************* end 115.147 *************************

§115.148.  Determination of Wastewater Characteristics.

104E   The determination of the characteristics of a wastewater stream for purposes of this undesignated head shall be made as follows.

104E       (1)  The characteristics shall be determined at a location between the point of generation and before the wastewater stream is exposed to the atmosphere, treated for volatile organic compounds (VOC) removal, or mixed with another wastewater stream.  For wastewater streams which, prior to November 15, 1993, were either actually being mixed or construction had commenced which would result in the wastewater streams being mixed, this mixing shall not establish a limit on where the characteristics may be determined.

104E       (2)  The flow rate of a wastewater stream shall be determined on the basis of an annual average by one of the following methods:

104E            (A)  the highest annual quantity of wastewater managed, based on historical records for the most recent five years of operation, or for the entire time the wastewater stream has existed if less than five years but at least one year;

104E            (B)  the maximum design capacity of the wastewater component;

104E            (C)  the maximum design capacity to generate wastewater of the process unit generating the wastewater stream;

104E            (D)  measurements that are representative of the actual, normal wastewater generation rates.

104E       (3)  The VOC concentration of a wastewater stream shall be determined on the basis of a flow-weighted annual average by one of the following methods, or by a combination of the methods.  If the Executive Director determines that the VOC concentration cannot be adequately determined by knowledge of the wastewater, or by bench-scale or pilot-scale test data, the VOC concentration shall be determined in accordance with subparagraph (C) of this paragraph, or by a combination of the methods in subparagraphs (A), (B), and (C) of this paragraph.  VOC with a Henry's Law Constant less than 7.5x10^-5 atm-m^3/mole at 25 degrees C shall not be included in the determination of VOC concentration.

104E            (A)  Knowledge of the wastewater.  Sufficient information to document the VOC concentration.  Examples of information include material balances, records of chemical purchases, or previous test results.

104E            (B)  Bench-scale or pilot-scale test data.  Sufficient information to demonstrate that the bench-scale or pilot-scale test concentration data are representative of the actual VOC concentration.

104E            (C)  Measurements.  Collect a minimum of three representative samples from the wastewater stream and determine the VOC concentration for each sample in accordance with §115.145 of this title (relating to Approved Test Methods).  The VOC concentration of the wastewater stream shall be the flow-weighted average of the individual samples.

104E       (4)  The annual VOC loading in wastewater for a wastewater stream shall be the annual average flow rate determined in paragraph (2) of this section multiplied by the annual average VOC concentration determined in paragraph (3) of this section.

104E       (5)  The annual VOC loading in wastewater for a plant shall be the sum of the annual VOC loading in wastewater for each affected VOC wastewater stream.

******************* end 115.148 *************************

§115.149.  Counties and Compliance Schedules.

105B  (a)  For Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Liberty, Montgomery, Tarrant, and Waller Counties, any person who is the owner or operator of an affected source category within a plant shall be in compliance with this undesignated head (relating to Industrial Wastewater) as soon as practicable, but no later than November 15, 1996.

105P  (b)  For Hardin, Jefferson, and Orange Counties, any person who is the owner or operator of an affected source category within a plant shall be in compliance with this undesignated head (relating to Industrial Wastewater) as soon as practicable, but no later than three years, 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 Federal Clean Air Act, §172(c)(9).

******************* end 115.149 *************************
******** end tx 115.140 to 115.149 ***********e93v**95m**