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Texas SIP: 30 TAC 115.140-115.149: Industrial Wastewater; SIP effective 2001.02.20 TXd14 to 2008.03.27

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

SUBCHAPTER B : GENERAL VOLATILE ORGANIC COMPOUND SOURCES

[B:4]  DIVISION 4 :  INDUSTRIAL WASTEWATER

(Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001)

Outline:
§115.140.  Industrial Wastewater 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.  Industrial Wastewater Definitions.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     The following 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)  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.

          (2)  Affected volatile organic compound (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 1,000 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).

          (3)  Plant - All facilities included within the same Texas Natural Resource Conservation Commission account number.

          (4)  Point of generation - The location where a VOC wastewater stream exits a process unit.

          (5)  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.

          (6)  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.

          (7)  Water seal controls - a seal pot, p-leg trap, or other type of trap filled with water (e.g., flooded sewers that maintain water levels adequate to prevent air flow through the system) that creates a water barrier between the water level of the seal and the atmosphere.  The water level of the seal must be maintained in the vertical leg of a drain in order to be considered a water seal.

          (8)  Wet weather retention basin - An impoundment or tank that is used to store rainfall runoff that would exceed the capacity of the wastewater treatment system until it can be returned to the wastewater treatment system or, if the water meets the applicable discharge limits, discharged without treatment.  These units may also be used to store wastewater during periods when the wastewater treatment system is shut down for maintenance or emergencies.

***********************end tx 115.140 a9xt**********************eb2k***b2n**

§115.142.  Control Requirements.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     The owner or operator of an affected source category within a plant 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), 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 properly operated biotreatment units which shall meet the requirements of paragraph (3) of this section.  In the Dallas/Fort Worth and El Paso areas, and until December 31, 2002 in the Houston/Galveston area, the control requirements 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.  In the Beaumont/Port Arthur area, and after December 31, 2002 in the Houston/Galveston area, the control requirements 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 reduce the VOC content of the wastewater stream by 90% by weight and also reduce the VOC content of the same VOC wastewater stream to less than 1,000 parts per million by weight.  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, except for properly operated biotreatment units which shall meet the requirements of paragraph (3) of this section.  For this division, 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.

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

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

               (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.

               (C)  All liquid contents shall be totally enclosed.

               (D)  For junction boxes and vented covers, the following requirements apply.

                    (i)  In the Dallas/Fort Worth and El Paso areas, and until December 31, 2002 in the Houston/Galveston area, if any cover, other than a junction box cover, is equipped with a vent, the vent shall be equipped with either a vapor control system which maintains a minimum control efficiency of 90% or a closed 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.

                    (ii)  In the Beaumont/Port Arthur area, and after December 31, 2002 in the Houston/Galveston area, the following requirements apply.

                         (I)  If any cover or junction box cover, except for junction boxes described in subclause (II) of this clause, is equipped with a vent, the vent shall be equipped with either a vapor control system which maintains a minimum control efficiency of 90% or a closed system which prevents the flow of VOC vapors from the vent during normal operation.

                         (II)  Any junction box that is filled and emptied by gravity flow (i.e., there is no pump) or is operated with no more than slight fluctuations in the liquid level may be vented to the atmosphere, provided it is equipped with:

                              (-a-)  a vent pipe at least 90 cm (36 in.) in length and no more than 10.2 cm (4.0 in.) in diameter; and

                              (-b-)  water seal controls which are installed and maintained at the wastewater entrance(s) to or exit from the junction box restricting ventilation in the individual drain system and between components in the individual drain system.  Upon request by the executive director, EPA, or any local program with jurisdiction, the owner or operator shall demonstrate (e.g., by visual inspection or smoke test) that the junction box water seal controls are properly designed and restrict ventilation.

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

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

               (G)  All seals and cover connections shall be maintained in proper condition.  For purposes of this paragraph, "proper condition" means that covers shall have a tight seal around the edge and shall be kept in place except as allowed by this division, 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.

               (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.

          (2)  If a wastewater component is equipped with an internal or external floating roof, it shall meet the following requirements.

               (A)  All openings in an internal or external floating roof except for automatic bleeder vents (vacuum breaker 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.

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

               (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.

               (D)  Any roof drain that empties into the stored liquid shall be provided with a slotted membrane fabric cover that covers at least 90% of the area of the opening.

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

               (F)  Secondary seals shall be the rim-mounted type (i.e., the seal shall be continuous from the floating roof to the tank wall).  For external floating roof tanks, 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 cm2/meter) of tank diameter.

          (3)  In the Beaumont/Port Arthur area, and after December 31, 2002 in the Houston/Galveston area, each properly operated biotreatment unit shall meet the following requirements.

               (A)  The VOC content of the wastewater shall be reduced by 90% by weight; and

               (B)  The average concentration of suspended biomass maintained in the aeration basin of the biotreatment unit shall equal or exceed 1.0 kilogram per cubic meter (kg/m3), measured as total suspended solids.

          (4)  Any wastewater component that becomes subject to this division 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 Industrial Wastewater Definitions) will remain subject to the requirements of this division, even if the component later falls below those provisions, unless and until emissions are reduced to no more than the controlled emissions level existing prior to the implementation of the project by which throughput or emission rate was reduced to less than the applicable exemption levels in §115.147 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 exemption from permitting 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 an exemption from permitting is available for the project, compliance with this division must be maintained for 30 days after the filing of documentation of compliance with that exemption from permitting; or

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

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§115.143.  Alternate Control Requirements.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     (a)  Alternate means of control.  Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Industrial Wastewater) 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.

     (b)  90% overall control option.  As an alternative to the control requirements of §115.142 of this title (relating to Control Requirements), the owner or operator of a wastewater storage, handling, transfer, or treatment facility may elect to ensure that the overall control of volatile organic compounds (VOC) emissions at the account from wastewater from affected source categories is at least 90% less than the 1990 baseline emissions inventory, provided that the following requirements are met.

          (1)  To qualify for the control option available under this subsection 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 control option available under this subsection 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.

          (2)  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.

          (3)  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 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.

     (c)  The owner or operator of an affected source category within a plant may elect to comply with the provisions of 40 Code of Federal Regulations 63, Subpart G (National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, as in effect December 9, 1998) as an alternative to complying with this division (relating to Industrial Wastewater), provided that:

          (1)  the term "VOC" is substituted each place that Subpart G references the term "hazardous air pollutant" or "HAP;"

          (2)  in Table 9 of Appendix to Subpart G - Table and Figures, the average fraction removed (FR) value required for VOC not specifically listed in this table is 0.90; and

          (3)  before implementing the option available under this subsection, the owner or operator provides written notice to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction of the intention to use this option.

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§115.144.  Inspection and Monitoring Requirements.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     The owner or operator of an affected source category within a plant in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall comply with the following inspection and monitoring requirements.

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

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

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

          (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) and (F) of this title.

               (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.

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

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

          (3)  Monitors shall be installed and maintained as required by this section 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 to design specifications, and include the monitoring and parameters listed in subparagraphs (A) - (H) of this paragraph, as applicable.  In lieu of the monitoring and parameters 
listed in subparagraphs (A) - (H) of this paragraph, other monitoring and parameters may be approved or required by the executive director:

               (A)  for an enclosed non-catalytic 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;

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

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

               (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;

               (E)  for a flare, meet the requirements specified in 40 Code of Federal Regulations 60.18(b) and Chapter 111 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter);

               (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;

               (G)  for a vapor combustor, continuously monitor and record the exhaust gas temperature either in the combustion chamber or immediately downstream before any substantial heat exchange.  Alternatively, the owner or operator of a vapor combustor may consider the unit to be a flare and meet the requirements of subparagraph (E) of this paragraph; and

               (H)  for vapor control systems other than those specified in subparagraphs (A) - (G) of this paragraph, continuously monitor and record the appropriate operating parameters.

          (4)  In the Beaumont/Port Arthur and Houston/Galveston areas, units used to comply with §115.142(3) of this title shall:

               (A)  initially demonstrate a 90% reduction in VOCs by using the methods in §115.145 of this title (relating to Approved Test Methods); and



               (B)  measure on a weekly basis the total suspended solids in the aeration basin of the biotreatment unit.

***********************end tx 115.144 a9xt**********************eb2k***b2n**

§115.145.  Approved Test Methods.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     Compliance with the emission specifications, vapor control system efficiency, and certain control requirements, inspection requirements, and exemption criteria of §§115.142 - 115.144 and 115.147 of this title (relating to Control Requirements; Alternate Control Requirements; Inspection and Monitoring Requirements; and Exemptions) shall be determined by applying one or more of the following test methods and procedures, as appropriate:

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

          (2)  Concentration of Volatile Organic Compounds (VOC).

               (A)  Test Method 18 (40 CFR Part 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, the performance test requirements of 40 CFR 60.18(b) shall apply.

               (B)  For vapor combustors, the owner or operator may consider the unit to be a flare and meet the performance test requirements of 40 CFR 60.18(b) rather than the procedures of paragraphs (1) and (2) of this section.

               (C)  Compliance with the requirements of 40 CFR 60.18(b) will be considered to represent 98% control of the VOC in the flare inlet.

          (4)  Vapor pressure.  Use standard reference texts or American Society for Testing and Materials (ASTM) Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of vapor pressure, adjusted for actual storage temperature in accordance with American Petroleum Institute Publication 2517, Third Edition, 1989.

          (5)  Leak determination by instrument method.  Use Test Method 21 (40 CFR 60, Appendix A) for determining VOC leaks and for monitoring a carbon canister in accordance with §115.144(3)(D) of this title (relating to Inspection and Monitoring Requirements).

          (6)  Determination of VOC concentration of wastewater samples.  Use 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).

          (7)  Determination of total suspended solids.  Use Method 160.2 (Methods for Chemical Analysis of Water and Wastes, EPA-600/4-79-020) or Method 2540D (Standard Methods for the Examination of Water and Wastewater, 18th Edition, American Public Health Association).

          (8)  Determination of biotreatment unit efficiency.  Use the methods found in 40 CFR 63 Appendix C or 40 CFR 63.145.  A stream-specific list of VOCs shall be used and is determined as follows:

               (A)  compounds with concentrations below one part per million by weight (ppmw) or below the lower detection limit may be excluded;

               (B)  for the owner or operator that can identify at least 90% by weight of the VOCs in the wastewater stream, the individual VOCs that are 5.0% by weight or greater are required to be included on the list.  If less than half of the total VOCs in the wastewater are represented by the compounds that are 5.0% by weight or greater, the owner or operator shall include those individual VOCs with the greatest mass on the stream-specific list of VOCs until 75 compounds or every compound, whichever is fewer, is included on the list, except as provided by subparagraph (A) of this paragraph.  The owner or operator shall document that the site-specific list of VOCs is representative of the process wastewater stream; and

               (C)  for the owner or operator that can identify at least 50% by weight of the VOCs in the wastewater stream, the individual VOCs with the greatest mass on the stream-specific list of VOCs up to 75 compounds or every compound, whichever is fewer, shall be included on the list, except as provided by subparagraph (A) of this paragraph.  The owner or operator shall document that the site-specific list of VOCs is representative of the process wastewater stream.

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

          (10)  Alternate test methods.  Test methods other than those specified in paragraphs (1) - (8) of this section (concerning to Approved Test Methods) 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.”

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§115.146.  Recordkeeping Requirements.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     The owner or operator of an affected source category within a plant in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall comply with the following recordkeeping requirements.

          (1)  Complete and up-to-date records shall be maintained as needed to demonstrate compliance with §115.142 and §115.143 of this title (relating to Control Requirements; and Alternate 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).

          (2)  Records shall be maintained of the results of any inspection or monitoring conducted in accordance with §115.144 of this title (relating to Inspection and Monitoring Requirements).  Records shall be sufficient to demonstrate proper functioning of applicable control equipment to design specifications to ensure compliance with §115.142 and §115.143 of this title.

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

          (4)  All records shall be maintained at the plant for at least two years and be made available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area.

***********************end tx 115.146 a9xt**********************eb2k***b2n**

§115.147.  Exemptions.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     The following exemptions apply in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas.

          (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) is exempt from the control requirements of §115.142 of this title (relating to Control Requirements).

          (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).

          (3)  Unless specifically required by this division (relating to Industrial Wastewater), any component of a wastewater storage, handling, transfer, or treatment facility to which the requirements of this division apply is exempt from the requirements of any other portion of this chapter.

          (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.

          (5)  Wet weather retention basins are exempt from the requirements of this division (relating to Industrial Wastewater).

          (6)  Petroleum refineries in the Beaumont/Port Arthur area are exempt from the requirements of this division (relating to Industrial Wastewater).

          (7)  The following exemptions apply to petroleum refineries in the Houston/Galveston area.

               (A)  Petroleum refineries are exempt from the requirement in §115.142 of this title that after December 31, 2002, the control requirements 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 reduce the VOC content of the wastewater stream by 90% by weight and also reduce the VOC content of the same VOC wastewater stream to less than 1,000 parts per million by weight, provided that petroleum refineries continue to apply the requirement in §115.142 of this title that the control requirements 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.

               (B)  Junction boxes are exempt from the requirements of §115.142(1)(D)(ii) of this title, provided that after December 31, 2002 they continue to comply with the requirements of §115.142(1)(D)(i) of this title.

               (C)  Properly operated biotreatment units are exempt from the requirements of §§115.142(3), 115.144(4), and 115.145(7) and (8) of this title (relating to Control Requirements; Inspection and Monitoring Requirements; and Approved Test Methods).

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§115.148.  Determination of Wastewater Characteristics.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     The determination of the characteristics of a wastewater stream for purposes of this division (relating to Industrial Wastewater) shall be made as follows.

          (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.

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

               (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;

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

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

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

          (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-m3/mole at 25 degrees Celsius shall not be included in the determination of VOC concentration.

               (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.

               (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.

               (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.

          (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.
          (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.

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§115.149.  Counties and Compliance Schedules.
As adopted by TNRCC October 27, 1999, effective November 18, 1999

     (a)  The owner or operator of each affected source category within a plant in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Liberty, Montgomery, Tarrant, and Waller Counties shall continue to comply with this division (relating to Industrial Wastewater) as required by §115.930 of this title (relating to Compliance Dates).

     (b)  The owner or operator of each affected source category within a plant in Hardin, Jefferson, and Orange Counties shall be in compliance with this division as soon as practicable, but no later than December 31, 2002.

     (c)  The owner or operator of each affected source category within a plant in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall control all junction boxes equipped with pumps in accordance with §115.142(1)(D)(ii)(II) of this title (relating to Control Requirements) as soon as practicable, but no later than December 31, 2002.

     (d)  The owner or operator of each affected source category within a plant in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall control all biotreatment units in accordance with §115.142(3) and §115.144(4) of this title (relating to Control Requirements; and Inspection and Monitoring Requirements) as soon as practicable, but no later than December 31, 2002.

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