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

SUBCHAPTER C:  VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS

[C:1]  LOADING AND UNLOADING OF VOLATILE ORGANIC COMPOUNDS 
As approved by EPA September 5, 2000 (65 FR 53595) effective November 6, 2000 (TXd11).

Outline:
          §115.211.  Emission Specifications.
          §115.212.  Control Requirements.
          §115.213.  Alternate Control Requirements.
          §115.214.  Inspection Requirements.
          §115.215.  Approved Test Methods.
          §115.216.  Monitoring and Recordkeeping Requirements.
          §115.217.  Exemptions.
          §115.219.  Counties and Compliance Schedules.


§115.211.  Emission Specifications.

(Approved by EPA September 5, 2000 (65 FR 53595) effective November 6, 2000)

     The owner or operator of each gasoline terminal and gasoline bulk plant in the covered attainment counties and 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 ensure that volatile organic compound (VOC) emissions from the vapor control system vent at gasoline terminals do not exceed the following rates:

          (1)  in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, 0.09 pound per 1,000 gallons (10.8 mg/liter) of gasoline loaded into transport vessels.

          (2)  in the covered attainment counties, 0.17 pound per 1,000 gallons (20 mg/liter) of gasoline loaded into transport vessels.  Until April 30, 2000 in Gregg, Nueces, and Victoria Counties, VOC emissions are limited to 0.67 pound per 1,000 gallons (80 mg/liter) of gasoline loaded into transport vessels.

As adopted by TNRCC November 10, 1999, effective December 2, 1999.

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§115.212.  Control Requirements.

(Approved by EPA September 5, 2000 (65 FR 53595) effective November 6, 2000)

     (a)  The owner or operator of each volatile organic compound (VOC) transfer operation, transport vessel, and marine vessel in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall comply with the following control requirements.

          (1)  General VOC loading.  At VOC loading operations other than gasoline terminals, gasoline bulk plants, and marine terminals, vapors from the transport vessel caused by the loading of VOC with a true vapor pressure greater than or equal to 0.5 psia under actual storage conditions must be controlled by:

               (A)  a vapor control system which maintains a control efficiency of at least 90%; or

               (B)  a vapor balance system, as defined in §115.10 of this title (relating to Definitions); or

               (C)  pressurized loading.

          (2)  Disposal of transported vapors.  After unloading, transport vessels must be kept vapor-tight until the vapors in the transport vessel are returned to a loading, cleaning, or degassing operation and discharged in accordance with the control requirements of that operation.

          (3)  Leak-free requirements.  All land-based loading and unloading of VOC shall be conducted such that:

               (A)  All liquid and vapor lines are:

                    (i)  equipped with fittings which make vapor-tight connections that close automatically when disconnected; or

                    (ii)  equipped to permit residual VOC after transfer is complete to discharge into a recovery or disposal system which routes all VOC emissions to a vapor control system or a vapor balance system.  After VOC transfer, if necessary to empty a liquid line, the contents may be placed in a portable container, which is then closed vapor-tight and disposed of properly.

               (B)  There are no VOC leaks, as defined in §101.1 of this title (relating to Definitions), when measured with a hydrocarbon gas analyzer, and no liquid or vapor leaks, as detected by sight, sound, or smell, from any potential leak source in the transport vessel and transfer system (including, but not limited to, liquid lines, vapor lines, hatch covers, pumps, and valves, including pressure relief valves).

               (C)  All gauging and sampling devices are vapor-tight except for necessary gauging and sampling.  Any nonvapor-tight gauging and/or sampling shall:

                    (i)  be limited in duration to the time necessary to practicably gauge and/or sample; and

                    (ii)  not occur while VOC is being transferred.

               (D)  Any openings in a transport vessel during unloading are limited to minimum openings which are sufficient to prevent collapse of the transport vessel.

               (E)  If VOC is loaded through the hatches of a transport vessel, then pneumatic, hydraulic, or other mechanical means shall force a vapor-tight seal between the loading arm's vapor collection adapter and the hatch.  A means shall be provided which prevents liquid drainage from the loading device when it is removed from the hatch of any transport vessel, or which routes all VOC emissions to a vapor control system.  After VOC transfer, if necessary to empty a liquid line, the contents may be placed in a portable container, which is then closed vapor-tight and disposed of properly.

          (4)  Gasoline terminals.  The following additional control requirements apply to the transfer of gasoline at gasoline terminals.

               (A)  A vapor control system must be used to control the vapors from loading each transport vessel.

               (B)  Vapor control systems and loading equipment at gasoline terminals shall be designed and operated such that gauge pressure does not exceed 18 inches of water and vacuum does not exceed six inches of water in the gasoline tank-truck.

               (C)  Each gasoline terminal shall be equipped with sensors and other equipment designed and connected to monitor the status of the control device.  If the control device malfunctions or is not operational, the system shall automatically stop gasoline transfer to the transport vessel(s) immediately.

               (D)  As an alternative to subparagraph (C) of this paragraph, the following requirements apply to gasoline terminals which have a variable vapor space holding tank design that can process the vapors independent of transport vessel loading.  Such gasoline terminals shall be equipped with sensors and other equipment designed and connected to monitor the status of the control device.  If the variable vapor space holding tank serving the loading rack(s) does not have the capacity to store additional vapors for processing by the control device at a later time and the control device malfunctions or is not operational, the system shall automatically stop gasoline transfer to the transport vessel(s) immediately.

          (5)  Gasoline bulk plants.  The following additional control requirements apply to transfer of gasoline at gasoline bulk plants.

               (A)  A vapor balance system must be used between the storage tank and transport vessel.  Alternatively, a vapor control system which maintains a control efficiency of at least 90% may be used to control the vapors.

               (B)  While filling a transport vessel from a storage tank:

                    (i)  the transport vessel, if equipped for top loading, must use a submerged fill pipe; and

                    (ii)  gauge pressure must not exceed 18 inches of water and vacuum must not exceed six inches of water in the gasoline tank-truck tank.

          (6)  Marine terminals.  The following control requirements apply to marine terminals in the Houston/Galveston area.

               (A)  VOC emissions shall not exceed 0.09 pound from the vapor control system vent per 1,000 gallons (10.8 mg/liter) of VOC loaded into the marine vessel, or the vapor control system shall maintain a control efficiency of at least 90%.  Alternatively, a vapor balance system or pressurized loading may be used to control the vapors.

               (B)  Only leak-free marine vessels, as defined in §115.10 of this title, shall be used for loading operations.

               (C)  All gauging and sampling devices shall be vapor-tight except for necessary gauging and sampling.  Any nonvapor-tight gauging and/or sampling shall:

                    (i)  be limited in duration to the time necessary to practicably gauge and/or sample; and

                    (ii)  not occur while VOC is being transferred.

               (D)  When non-dedicated loading lines are used to load VOC with a true vapor pressure less than 0.5 psia (or a flash point of 150 degrees Fahrenheit or greater) and the preceding transfer through these lines was VOC with a true vapor pressure equal to or greater than 0.5 psia, the residual VOC vapors from this preceding transfer must be controlled by the vapor control system, vapor balance system, or pressurized loading as specified in subparagraph (A) of this paragraph.

          (7)  Once-in-always-in.  Any loading or unloading operation that becomes subject to the provisions of this subsection by exceeding provisions of §115.217(a) of this title (relating to Exemptions) will remain subject to the provision of this subsection, even if throughput or emissions later fall below 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 §115.217(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 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 subsection 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/operator has given the executive director 30 days’ notice of the project in writing.

     (b)  The owner or operator of each land-based VOC transfer operation and transport vessel in the covered attainment counties shall comply with the following control requirements.

          (1)  General VOC loading in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties.  At VOC loading operations other than gasoline terminals and gasoline bulk plants, vapors from the transport vessel caused by the loading of VOC with a true vapor pressure greater than or equal to 1.5 psia under actual storage conditions must be controlled by:

               (A)  a vapor control system which maintains a control efficiency of at least 90%;

               (B)  a vapor balance system, as defined in §115.10 of this title; or

               (C)  pressurized loading.

          (2)  Disposal of transported vapors.  After unloading, transport vessels must be kept vapor-tight until the vapors in the transport vessel are returned to a loading, cleaning, or degassing operation and discharged in accordance with the control requirements of that operation.

          (3)  Leak-free requirements.  All land-based loading and unloading of VOC shall be conducted such that:

               (A)  all liquid and vapor lines are:

                    (i)  equipped with fittings which make vapor-tight connections and that close automatically when disconnected; or

                    (ii)  equipped to permit residual VOC after transfer is complete to discharge into a recovery or disposal system which routes all VOC emissions to a vapor control system or a vapor balance system.  After VOC transfer, if necessary to empty a liquid line, the contents may be placed in a portable container, which is then closed vapor-tight and disposed of properly.

               (B)  there are no VOC leaks, as defined in §101.1 of this title, when measured with a hydrocarbon gas analyzer, and no liquid or vapor leaks, as detected by sight, sound, or smell, from any potential leak source in the transport vessel and transfer system (including, but not limited to, liquid lines, vapor lines, hatch covers, pumps, and valves, including pressure relief valves);

               (C)  all gauging and sampling devices are vapor-tight except for necessary gauging and sampling.  Any nonvapor-tight gauging and/or sampling shall:

                    (i)  be limited in duration to the time necessary to practicably gauge and/or sample; and

                    (ii)  not occur while VOC is being transferred;

               (D)  any openings in a transport vessel during unloading are limited to minimum openings which are sufficient to prevent collapse of the transport vessel;

               (E)  if VOC is loaded through the hatches of a transport vessel, then pneumatic, hydraulic, or other mechanical means shall force a vapor-tight seal between the loading arm's vapor collection adapter and the hatch.  A means shall be provided which prevents liquid drainage from the loading device when it is removed from the hatch of any transport vessel, or which routes all VOC emissions to a vapor control system.  After VOC transfer, if necessary to empty a liquid line, the contents may be placed in a portable container, which is then closed vapor-tight and disposed of properly.

          (4)  Gasoline terminals.  The following additional control requirements apply to gasoline transfer at gasoline terminals.

               (A)  A vapor control system must be used to control the vapors from loading the transport vessel.

               (B)  Vapor control systems and loading equipment at gasoline terminals shall be designed and operated such that gauge pressure does not exceed 18 inches of water and vacuum does not exceed six inches of water in the gasoline tank-truck.

               (C)  Each gasoline terminal shall be equipped with sensors and other equipment designed and connected to monitor the status of the control device.  If the control device malfunctions or is not operational, the system shall automatically stop gasoline transfer to the transport vessel(s) immediately.

               (D)  As an alternative to subparagraph (C) of this paragraph, the following requirements apply to gasoline terminals which have a variable vapor space holding tank design that can process the vapors independent of transport vessel loading.  Such gasoline terminals shall be equipped with sensors and other equipment designed and connected to monitor the status of the control device.  If the variable vapor space holding tank serving the loading rack(s) does not have the capacity to store additional vapors for processing by the control device at a later time and the control device malfunctions or is not operational, the system shall automatically stop gasoline transfer to the transport vessel(s) immediately.

          (5)  Gasoline bulk plants.  The following additional control requirements apply to gasoline transfer at gasoline bulk plants.

               (A)  A vapor balance system must be used between the storage tank and transport vessel.  Alternatively, a vapor control system which maintains a control efficiency of at least 90% may be used to control the vapors.

               (B)  While filling a transport vessel from a storage tank:

                    (i)  the transport vessel, if equipped for top loading, must use a submerged fill pipe; and

                    (ii)  gauge pressure must not exceed 18 inches of water and vacuum must not exceed six inches of water in the gasoline tank-truck tank.

As adopted by TNRCC November 10, 1999, effective December 2, 1999.

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§115.213.  Alternate Control Requirements.

105D  (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this section 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.

105D  (b)  For all persons in Gregg, Nueces, and Victoria Counties, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this section may be approved by the Executive Director in accordance with §115.910 of this title if emission reductions are demonstrated to be substantially equivalent.

105D  (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 section may be approved by the Executive Director in accordance with §115.910 of this title if emission reductions are demonstrated to be substantially equivalent.

****************** end 115.213 ************************

§115.214.  Inspection Requirements.

88C   (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following inspection requirements shall apply.

104E       (1)  Inspection for visible liquid leaks, visible fumes, or significant odors resulting from land-based volatile organic compounds (VOCs) transfer operations shall be conducted during each transfer by the owner or operator of the VOC loading and unloading operation or the owner or operator of the transport vessel.

104E       (2)  Land-based VOC loading or unloading through the affected transfer lines shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired.

105D       (3)  All tank-truck tanks loading or unloading VOC having a true vapor pressure greater than or equal to 0.5 pounds per square inch absolute under actual storage conditions shall have been leak tested within one year in accordance with the requirements of §§115.234-115.237 and 115.239 of this title (relating to Control of Volatile Organic Compound Leaks From Transport Vessels) as evidenced by prominently displayed certification affixed near the U.S. Department of Transportation certification plate.

105P       (4)  For marine terminals in the Houston/Galveston area, the following inspection requirements shall apply.

105D            (A)  Inspection for visible liquid leaks, visible fumes, or significant odors resulting from VOC transfer operations shall be conducted during each transfer by the owner or operator of the VOC loading and unloading operation or the owner or operator of the marine vessel.

105D            (B)  If a liquid leak is detected during the loading operation and can not be repaired immediately (for example, by tightening a bolt or packing gland), then the transfer operation shall cease until the leak is repaired.

105D            (C)  If a vapor leak is detected by sight, sound, smell, or hydrocarbon gas analyzer during the loading operation, then a "first attempt" shall be made to repair the leak. Cargo loading operations need not be ceased if the first attempt to repair the leak, as defined by §115.10 of this title (relating to Definitions), to less than 10,000 parts per million by volume (ppmv) or 20% of the lower explosive limit is not successful provided that the first attempt effort is documented by the owner or operator of the marine vessel as soon as practicable and a copy of the repair log made available to a representative of the marine loading facility.  No additional loadings shall be made into the cargo tank until a successful repair has been completed and certified by a 40 Code of Federal Regulations (CFR) 61.304(f) or equivalent inspection.

105D            (D)  The intentional bypassing of a vapor control device during marine loading operations is prohibited.

105P            (E)  All shore-based equipment is subject to the fugitive emissions monitoring requirements of §§115.352-115.357 and 115.359 of this title (relating to Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas).  For the purposes of this paragraph, shore-based equipment includes, but is not limited to, all equipment such as loading arms, pumps, meters, shutoff valves, relief valves, and other piping and valves between the marine loading facility and the vapor recovery system and between the marine loading facility and the associated land-based storage tanks, excluding working emissions from the storage tanks.

105P       (5)  Each gasoline terminal, as defined in §115.10 of this title, in the Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall perform a monthly leak inspection of all equipment in gasoline service.  Each piece of equipment shall be inspected during the loading of gasoline tank trucks.  For this inspection, detection methods incorporating sight, sound, and smell are acceptable.  Alternatively, gasoline terminals may use a hydrocarbon gas analyzer for the detection of leaks, by meeting the requirements of §§115.352-115.357 and 115.359 of this title.  Every reasonable effort shall be made to repair or replace a leaking component within 15 days after a leak is found.  If the repair or replacement of a leaking component would require a unit shutdown, the repair may be delayed until the next scheduled shutdown.


88C   (b)  For all persons in Gregg, Nueces, and Victoria Counties, the following inspection requirements shall apply:

104B       (1)  Inspection for visible liquid leaks, visible fumes, or significant odors resulting from VOC transfer operations shall be conducted during each transfer by the owner or operator of the VOC loading and unloading operation or the owner or operator of the transport vessel.

88C        (2)  VOC loading or unloading through the affected transfer lines shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired. 

****************** end 115.214 ***********************

§115.215.  Approved Test Methods .

104E  (a)  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, compliance with §115.211(a) and §115.212(a) of this title (relating to Emission Specifications; and Control Requirements) shall be determined by applying the following test methods, as appropriate:

77A        (1)  Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60, Appendix A) for determining flow rates, as necessary;

77A        (2)  Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography;

77A        (3)  Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon;

77A        (4)  Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis;

77A        (5)  additional test procedures described in 40 CFR 60.503 c, d, e, and f;

77A        (6)  Test Method 21 (40 CFR 60, Appendix A) for determining volatile organic compound leaks;

105D       (7)  determination of true vapor pressure using American Society for Testing and Materials (ASTM) Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure;

105P       (8)  40 CFR 63.565(c) (effective September 19, 1995) or 40 CFR 61.304(f) (effective April 3, 1990) for determination of marine vessel vapor tightness;

104E       (9)  ASTM Test Method D93 for the measurement of flash point; or

104E       (10)  minor modifications to these test methods approved by the Executive Director.


88F   (b)  For Gregg, Nueces, and Victoria Counties, compliance with §115.211(b) of this title and §115.212(b) of this title shall be determined by applying the following test methods, as appropriate:

88C        (1)  Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rates, as necessary;

88C        (2)  Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography;

88C        (3)  Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon;

88C        (4)  Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis;

88C        (5)  additional test procedures described in 40 CFR 60.503 b, c, and d;

88C        (6)  Test Method 21 (40 CFR 60, Appendix A) for determining volatile organic compound leaks;

105D       (7)  determination of true vapor pressure using ASTM Test Methods D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid vapor pressure; or

88C        (8)  minor modifications to these test methods approved by the Executive Director.

****************** end 115.215 ************************

§115.216.  Monitoring and Recordkeeping Requirements.

105P  (a)  For volatile organic compound (VOC) loading or unloading operations in the Beaumont/ Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas affected by §115.211(a) or §115.212(a) of this title (relating to Emission Specifications; and Control Requirements), the owner or operator shall maintain the following information at the plant as defined by its air quality account number for at least two years and shall make such information available upon request to representatives of the executive director, United States Environmental Protection Agency (EPA), or any local air pollution control agency having jurisdiction in the area:

105P       (1)  A daily record of the total throughput of VOC loaded at the plant as defined by its air quality account number.

77A        (2)  For vapor recovery systems:

88F             (A)  continuous monitoring and recording of the exhaust gas temperature immediately downstream of a direct-flame incinerator;

88F             (B)  continuous monitoring and recording of the inlet and outlet gas temperature of a chiller or catalytic incinerator;

104B            (C)  continuous monitoring and recording of the exhaust gas VOC concentration of any carbon adsorption system, as defined in §115.10 of this title (relating to Definitions); and

77C             (D)  the date and reason for any maintenance and repair of the required control devices and the estimated quantity and duration of VOC emissions during such activities.

77A        (3)  For gasoline terminals:

105D            (A)  a comprehensive record of all tank-trucks loaded, including the identification number of the tank-truck and the date of the last leak testing required by §115.214(a)(3) of this title (relating to Inspection Requirements);

105D            (B)  a daily record of the identification number of all tank-trucks loaded at the affected terminal;

104B            (C)  a daily record of the number of transport vessels loaded at the terminal and the quantity of gasoline loaded to each transport vessel; and

77A             (D)  a record of the results of any testing conducted at the terminal in accordance with the provisions specified in §115.215(a) of this title (relating to Approved Test Methods).

104E       (4)  For gasoline bulk plants:

105D            (A)  a comprehensive record of all tank-trucks loaded, including the identification number of the tank-truck and the date of the last leak testing required by §115.214(a)(3) of this title;

105D            (B)  a daily record of the identification number of all tank-trucks loaded at the affected bulk plant;

104B            (C)  a daily record of the number of transport vessels loaded at the bulk plant and the quantity of gasoline loaded to each transport vessel; and

77A             (D)  a record of the results of any testing conducted at the bulk plant in accordance with the provisions specified in §115.215(a) of this title.

104B       (5)  For VOC loading or unloading operations other than gasoline terminals, gasoline bulk plants, and marine terminals, a daily record of each transport vessel loaded or unloaded, including:

105D            (A)  the identification number of each tank-truck loaded or unloaded and the date of the last leak testing required by §115.214(a)(3) of this title;

104B            (B)  the volume of VOC loaded to or unloaded from each transport vessel; and

104B            (C)  the vapor pressure of the VOC loaded to or unloaded from each transport vessel.

105P       (6)  For marine terminals in the Houston/Galveston area:
104E            (A)  a daily record of all marine vessels loaded at the affected terminal, including:

104E                (i)  the name, registry of the marine vessel, and the legal owner or operator of the marine vessel;

104E                (ii)  the chemical name and amount of VOC cargo loaded; and

104E                (iii)  the conditions of the tanks prior to being loaded (i.e., cleaned, crude oil washed, gas freed, etc.) and the prior cargo carried by the marine vessel.

104E            (B)  all marine vessel loading operations conducted with a VOC which has a vapor pressure equal to or greater than 0.5 pounds per square inch absolute under actual storage conditions must certify that the marine vessel has passed an annual vapor tightness test as required by §115.215(a)(8) of this title (relating to Approved Test Methods).  A copy of each marine vessel's certification shall be kept on file by the marine terminal for a minimum of two years.

105D            (C)  a copy of each marine vessel's first attempt repair log required by §115.214(a)(4)(C) of this title shall be maintained on file by the marine terminal for a minimum of two years.

104E            (D)  records of the results of the required fugitive monitoring and maintenance program, including appropriate dates, test methods, instrument readings, repair results, and corrective action taken.  Records of flange inspections are not required unless a leak is detected.

105M       (7)  For gasoline terminals in the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, records of the results of the required fugitive monitoring and maintenance program, as specified in §115.214(a)(5) of this title, shall be maintained at the plant site for two years, and shall include the following: 

105M            (A)  a description of the types, identification numbers, and locations of all equipment in gasoline service;

105M            (B)  the date of each monthly inspection;

105M            (C)  the results of each inspection;

105M            (D)  the location, nature, severity, and method of detection for each leak;

105M            (E)  the date each leak is repaired and explanation if repair is delayed beyond 15 days;

105M            (F)  a list identifying those leaking components which cannot be repaired or replaced until a scheduled unit shutdown; and

105M            (G)  the inspector’s name and signature.

104E       (8)  Affected persons shall maintain the results of any testing conducted in accordance with the provisions specified in §115.215(a) of this title.

105P  (b)  For VOC loading or unloading operations in Victoria County, the owner or operator shall maintain the following information at the plant as defined by its air quality account number for at least two years and shall make such information available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area:

105P       (1)  A daily record of the total throughput of VOC loaded at the plant as defined by its air quality account number.

88F        (2)  For vapor recovery systems:

88F             (A)  continuous monitoring and recording of the exhaust gas temperature immediately downstream of a direct-flame incinerator;

88F             (B)  continuous monitoring and recording of the inlet and outlet gas temperature of a chiller or catalytic incinerator;

104B            (C)  continuous monitoring and recording of the exhaust gas VOC concentration of any carbon adsorption system, as defined in §115.10 of this title; and

88F             (D)  the date and reason for any maintenance and repair of the required control devices and the estimated quantity and duration of VOC emissions during such activities.

88F        (3)  For gasoline terminals:

88F             (A)  a daily record of the number of transport vessels loaded at the terminal and the quantity of gasoline loaded to each transport vessel; and

88F             (B)  a record of the results of any testing conducted at the terminal in accordance with the provisions specified in §115.215(b) of this title.

88F        (4)  Affected persons shall maintain the results of any testing conducted in accordance with the provisions specified in §115.215(b) of this title.

104B       (5)  For VOC loading or unloading operations other than gasoline terminals, gasoline bulk plants, and marine terminals, which are exempt under §115.217(b) of this title (relating to Exemptions), a daily record of each transport vessel loaded or unloaded, including:

104B            (A)  the volume of VOC loaded to or unloaded from each transport vessel; and

104B            (B)  the vapor pressure of the VOC loaded to or unloaded from each transport vessel.

****************** end 115.216 ************************

§115.217.  Exemptions.

88C   (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions apply.

105P       (1)  All loading and unloading of volatile organic compounds (VOC) with a true vapor pressure less than 0.5 psia under actual storage conditions is exempt from the requirements of §115.212(a) of this title (relating to Control Requirements).

105P       (2)  Any plant, as defined by its air quality account number, excluding gasoline bulk plants, having less than 20,000 gallons (75,708 liters) of VOC loaded into transport vessels per day (averaged over any consecutive 30-day period) with a true vapor pressure greater than or equal to 0.5 psia under actual storage conditions is exempt from the requirements of §115.212(a) of this title.

105P       (3)  All loading and unloading of liquefied petroleum gas only (regulated by the Safety Rules of the Liquefied Petroleum Gas Division of the Texas Railroad Commission) is exempt from the requirements of §115.212(a) of this title.

105P       (4)  The following are exempt from the requirements of §115.212(a) of this title:

105P            (A)  all unloading of marine vessels; and

105P            (B)  all loading of marine vessels in ozone nonattainment areas other than the Houston/Galveston area.

105P       (5)  Gasoline bulk plants which load less than 4,000 gallons (15,142 liters) of gasoline into transport vessels per day averaged over any consecutive 30-day period are exempt from the provisions of §115.211(a)(2), §115.212(a)(7), and §115.216(a)(4) of this title (relating to Emission Specifications; Control Requirements; and Monitoring and Recordkeeping Requirements).

105P       (6)  VOC loading operations other than gasoline terminals, gasoline bulk plants, and marine terminals are exempt from the control requirements of §115.212(a)(1) of this title if the overall control of emissions at the account from the loading of VOC (excluding VOC loading into marine vessels and VOC loading at gasoline terminals and gasoline bulk plants) with a true vapor pressure between 0.5 and 11 psia under actual storage conditions is at least 90%, 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 VOC loading operation 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 emissions at the account from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions will be at least 90%.  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.  For each loading rack and any associated control device at the account, the control plan shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each loading rack and any associated control device, the controlled and uncontrolled emission rates for the preceding calendar year, and an explanation of the recordkeeping procedure and calculations which will be used to demonstrate compliance.

105P            (B)  In order to maintain exemption status under this paragraph, the owner or operator of the VOC loading operation 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 emissions at the account from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions during the preceding calendar year is at least 90%.  For each loading rack and any associated control device at the account, the report shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each loading rack and any associated control device, and the controlled and uncontrolled emission rates for the preceding calendar year.

105P            (C)  The owner or operator of the VOC loading operation shall submit an updated report no later than 30 days after the installation of an additional loading rack(s) or any change in service of a loading rack(s) from loading VOC with a true vapor pressure less than 0.5 psia to loading VOC with a true vapor pressure greater than or equal to 0.5 psia, or vice versa.  The report shall be submitted to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction and shall demonstrate that the overall control of emissions at the account from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions continues to be at least 90%.

105P            (D)  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 VOC loading operation 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 demonstrate that the overall control of emissions at the account from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions continues to be at least 90%.  The emission rates shall be calculated in a manner consistent with the most recent emissions inventory.

105P       (7)  The following marine loading operations are exempt from the requirements of §115.211(a) and §115.212(a) of this title:

105P            (A)  marine terminals with uncontrolled marine loading VOC emissions less than 100 tons per year.  Emissions from marine vessel loading operations which were routed to a control device that was installed as of November 15, 1993, are excluded from this calculation.  Compliance with this exemption shall be demonstrated through the recordkeeping and reporting requirements of the annual emissions inventory submitted by the owner or operator of the marine terminal;

105P            (B)  all throughput of VOC with a vapor pressure less than 0.5 psia loaded into marine vessels;

105P            (C)  marine loading operations which use a vapor balance system to control emissions from the marine vessel to fixed roof storage tank(s).  For the purposes of this paragraph, vapor balance system is defined as a closed system that transfers vapor displaced from the tank of a vessel receiving cargo into a tank of the vessel or facility delivering cargo via an arrangement of piping and hoses used to collect vapor emitted from a vessel's cargo tanks;

105P            (D)  non-dedicated loading lines when commodities with a true vapor pressure less than 0.5 psia are transferred, provided that after transfer of VOC with a true vapor pressure greater than or equal to 0.5 psia these non-dedicated loading lines are cleaned, purged, and the residual vapors controlled of VOC with a true vapor pressure greater than or equal to 0.5 psia; and

105P            (E)  all throughput of VOC with a flash point of 150 degrees F or greater loaded into marine vessels.
105P       (8)  Marine terminals are exempt from the control requirements of §115.211(a)(3) and §115.212(a)(8)(A) of this title if the overall control of emissions at the marine terminal from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions into marine vessels is at least 90%, 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 marine terminal 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 emissions at the marine terminal from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions into marine vessels will be at least 90%.  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.  For each marine loading facility and any associated control device at the marine terminal, the control plan shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each marine loading facility and any associated control device, the controlled and uncontrolled emission rates for the preceding calendar year, and an explanation of the recordkeeping procedure and calculations which will be used to demonstrate compliance.

105P            (B)  In order to maintain exemption status under this paragraph, the owner or operator of the marine terminal 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 emissions at the marine terminal from the loading of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions into marine vessels during the preceding calendar year is at least 90%.  For each marine loading facility and any associated control device at the account, the report shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each marine loading facility and any associated control device, and the controlled and uncontrolled emission rates for the preceding calendar year.

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 marine terminal 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 demonstrate that the overall control of emissions at the marine terminal from the loading into marine vessels of VOC with a true vapor pressure between 0.5 and 11 psia under actual storage conditions continues to be at least 90%.  The emission rates shall be calculated in a manner consistent with the most recent emissions inventory.

105P       (9)  Motor vehicle fuel dispensing facilities, as defined in §115.10 of this title (relating to Definitions), are exempt from the requirements of this undesignated head (relating to Loading and Unloading of Volatile Organic Compounds).

88C   (b)  For all persons in Gregg, Nueces, and Victoria Counties, the following exemptions apply.
104B       (1)  All loading and unloading of VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) under actual storage conditions is exempt from the requirements of §115.212(b) of this title.

105P       (2)  Any plant, as defined by its air quality account number, having less than 20,000 gallons (75,708 liters) of VOC loaded into transport vessels per day (averaged over any consecutive 30-day period) with a true vapor pressure greater than or equal to 1.5 psia under actual storage conditions is exempt from the requirements of §115.212(b) of this title.

104B       (3)  All loading and unloading of crude oil and condensate, all loading and unloading of marine vessels, and all loading and unloading of liquefied petroleum gas only (regulated by the Safety Rules of the Liquefied Petroleum Gas Division of the Texas Railroad Commission) is exempt from the requirements of §115.212(b) of this title.

105D       (4)  VOC loading operations other than gasoline terminals, gasoline bulk plants, and marine terminals are exempt from the control requirements of §115.212(b)(1) of this title if the overall control of emissions at the account from the loading of VOC (excluding VOC loading into marine vessels and VOC loading at gasoline terminals and gasoline bulk plants) with a true vapor pressure between 1.5 and 11 psia under actual storage conditions is at least 90%, 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 VOC loading operation 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 emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions will be at least 90%.  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.  For each loading rack and any associated control device at the account, the control plan shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each loading rack and any associated control device, the controlled and uncontrolled emission rates for the preceding calendar year, and an explanation of the recordkeeping procedure and calculations which will be used to demonstrate compliance.

105P            (B)  In order to maintain exemption status under this paragraph, the owner or operator of the VOC loading operation 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 emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions during the preceding calendar year is at least 90%.  For each loading rack and any associated control device at the account, the report shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each loading rack and any associated control device, and the controlled and uncontrolled emission rates for the preceding calendar year.

105P            (C)  The owner or operator of the VOC loading operation shall submit an updated report no later than 30 days after the installation of an additional loading rack(s) or any change in service of a loading rack(s) from loading VOC with a true vapor pressure less than 1.5 psia to loading VOC with a true vapor pressure greater than or equal to 1.5 psia, or vice versa.  The report shall be submitted to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction and shall demonstrate that the overall control of emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions continues to be at least 90%.

105P            (D)  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 VOC loading operation 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 demonstrate that the overall control of emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions continues to be at least 90%.  The emission rates shall be calculated in a manner consistent with the most recent emissions inventory.

105P       (5)  Motor vehicle fuel dispensing facilities, as defined in §115.10 of this title (relating to Definitions), are exempt from the requirements of this undesignated head (relating to Loading and Unloading of Volatile Organic Compounds).


88C   (c)  For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties, the following exemptions apply.

104B       (1)  All loading and unloading of VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) under actual storage conditions is exempt from the requirements of §115.212(c) of this title.

105P       (2)  Any plant, as defined by its air quality account number, having less than 20,000 gallons (75,708 liters) of VOC loaded into transport vessels per day (averaged over any consecutive 30-day period) with a true vapor pressure greater than or equal to 1.5 psia under actual storage conditions is exempt from the requirements of §115.212(c) of this title.

104B       (3)  All loading and unloading of crude oil and condensate, all loading and unloading of marine vessels, and all loading and unloading of liquefied petroleum gas only (regulated by the Safety Rules of the Liquefied Petroleum Gas Division of the Texas Railroad Commission) are exempt from the requirements of §115.212(c) of this title.

105P       (4)  VOC loading operations other than gasoline terminals, gasoline bulk plants, and marine terminals are exempt from the control requirements of §115.212(c)(1) of this title if the overall control of emissions at the account from the loading of VOC (excluding VOC loading into marine vessels and VOC loading at gasoline terminals and gasoline bulk plants) with a true vapor pressure between 1.5 and 11 psia under actual storage conditions is at least 90%, 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 VOC loading operation 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 emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions will be at least 90%.  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.  For each loading rack and any associated control device at the account, the control plan shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each loading rack and any associated control device, the controlled and uncontrolled emission rates for the preceding calendar year, and an explanation of the recordkeeping procedure and calculations which will be used to demonstrate compliance.

105P            (B)  In order to maintain exemption status under this paragraph, the owner or operator of the VOC loading operation 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 emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions during the preceding calendar year is at least 90% .  For each loading rack and any associated control device at the account, the report shall include the EPN, the FIN, the throughput of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions for the preceding calendar year, a plot plan showing the location, EPN, and FIN of each loading rack and any associated control device, and the controlled and uncontrolled emission rates for the preceding calendar year.

105P            (C)  The owner or operator of the VOC loading operation shall submit an updated report no later than 30 days after the installation of an additional loading rack(s) or any change in service of a loading rack(s) from loading VOC with a true vapor pressure less than 1.5 psia to loading VOC with a true vapor pressure greater than or equal to 1.5 psia, or vice versa.  The report shall be submitted to the executive director, the appropriate regional office, and any local air pollution control program with jurisdiction and shall demonstrate that the overall control of emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions continues to be at least 90%.

105P            (D)  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 VOC loading operation 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 demonstrate that the overall control of emissions at the account from the loading of VOC with a true vapor pressure between 1.5 and 11 psia under actual storage conditions continues to be at least 90%.  The emission rates shall be calculated in a manner consistent with the most recent emissions inventory.

105P       (5)  Motor vehicle fuel dispensing facilities, as defined in §115.10 of this title (relating to Definitions), are exempt from the requirements of this undesignated head (relating to Loading and Unloading of Volatile Organic Compounds).

****************** end 115.217 ************************

§115.219.  Counties and Compliance Schedules.

(Approved by EPA September 5, 2000 (65 FR 53595) effective November 6, 2000)

     (a)  The owner or operator of each volatile organic compound (VOC) transfer operation in Aransas, Bexar, Brazoria, Calhoun, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty, Matagorda, Montgomery, Nueces, Orange, San Patricio, Tarrant, Travis, Victoria, and Waller Counties shall continue to comply with this division (relating to Loading and Unloading of Volatile Organic Compounds) as required by §115.930 of this title (relating to Compliance Dates).

     (b)  The owner or operator of each gasoline bulk plant in the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), shall comply with §§115.212(b), 115.214(b), 115.216, and 115.217(b) of this title (relating to Control Requirements; Inspection Requirements; Monitoring and Recordkeeping Requirements; and Exemptions) as soon as practicable, but no later than April 30, 2000.

     (c)  The owner or operator of each gasoline terminal in the covered attainment counties, as defined in §115.10 of this title (excluding Gregg, Nueces, and Victoria Counties), shall comply with §§115.211(2), 115.212(b), 115.214(b), 115.216, and 115.217(b) of this title as soon as practicable, but no later than April 30, 2000.

     (d)  The owner or operator of each gasoline terminal in Gregg, Nueces, and Victoria Counties shall:

          (1)  continue to comply with the vapor control requirements specified in §115.212(b)(4)(A) and (B) of this title; and

          (2)  be in compliance with the following specifications as soon as practicable, but no later than April 30, 2000:

             (A)  the 20 mg/liter emission specification of §115.211(2) of this title;

               (B)  the loading lockout requirements of  §115.212(b)(4)(C) of this title;

               (C)  the gasoline tank-truck leak testing requirements of §115.214(b)(1)(C) of this title; and
               (D)  the monthly leak inspection requirements of §115.214(b)(2) of this title.

     (e)  The owner or operator of each gasoline terminal in Hardin, Jefferson, and Orange Counties shall comply with the loading lockout requirements of §115.212(a)(4)(C) of this title and the monthly leak inspection requirements of §115.214(a)(2) and §115.216(3)(E) of this title as soon as practicable, but no later than April 30, 2000.

     (f)  The owner or operator of each land-based VOC loading operation (excluding gasoline terminals and gasoline bulk plants) in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties shall comply with the 90% control efficiency requirement of §115.212(b)(1)(A) of this title as soon as practicable, but no later than April 30, 2000.

     (g)  The owner or operator of each land-based VOC loading operation (excluding gasoline terminals and gasoline bulk plants) in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties shall comply with the recordkeeping requirements of §115.216 of this title as soon as practicable, but no later than April 30, 2000.

     (h)  The owner or operator of each flare used to comply with the requirements of §115.211 and/or §115.212 of this title (relating to Emission Specifications; and Control Requirements) shall comply with §115.215(3) of this title as soon as practicable, but no later than April 30, 2000.

     (i)  The owner or operator of each marine terminal in Hardin, Jefferson, and Orange Counties shall comply with §§115.212(a)(6), 115.214(a)(3), 115.215, 115.216, and 115.217 of this title as soon as practicable but no later than three years after the earliest of the following occurs:

          (1)  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 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);

          (2)  the EPA publishes notification in the Federal Register of its determination to deny the petition to redesignate the Beaumont/Port Arthur ozone nonattainment area as an ozone attainment area; or

          (3)  the EPA publishes notification in the Federal Register of its determination to deny approval of the demonstration of attainment for the Beaumont/Port Arthur ozone nonattainment area based upon Urban Airshed Model modeling.

As adopted by TNRCC November 10, 1999, effective December 2, 1999.

********************** end 115.219 ***************eay6****a95**
********** end tx 115.211 to 115.219 *********e93v**95m**ax5**