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Texas SIP: 30 TAC 115.211-115.219: Loading and Unloading of Volatile Organic Compounds; SIP effective 2001.09.14 TXd21

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

SUBCHAPTER C:  VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS

[C:1]  DIVISION 1 :  LOADING AND UNLOADING OF VOLATILE ORGANIC COMPOUNDS 
As approved by EPA July 16, 2001 (66 FR 36913) effective September 14, 2001 (TXd21).

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

      The owner or operator of each gasoline terminal 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.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.211 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


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

      (a)  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 VOC transfer to or from transport vessels 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 permit by rule required by Chapter 116 or Chapter 106 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification; and Permits by Rule).  If a permit by rule is available for the project, compliance with this subsection must be maintained for 30 days after the filing of documentation of compliance with that permit by rule; or

                  (B)  if authorization by permit, permit amendment, standard permit, or permit by rule is not required for the project, the owner/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 VOC transfer to or from transport vessels 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.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.212 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


§115.213.  Alternate Control Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999.
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001.

     (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 Loading and Unloading of Volatile Organic Compounds) 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)  General volatile organic compound (VOC) loading - 90% overall control option in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas.  As an alternative to §115.212(a)(1) of this title (relating to Control Requirements), VOC loading operations other than gasoline terminals, gasoline bulk plants, and marine terminals may elect to achieve a 90% overall control of emissions at the account from the loading of VOC (excluding loading into marine vessels and loading at gasoline terminals and gasoline bulk plants) with a true vapor pressure equal to or greater than 0.5 psia, but less than 11 psia, under actual storage conditions, 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 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 greater than or equal to 0.5 psia, but less than 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 control option available under this subsection for compliance.  For each loading rack and any associated control device at the account, the control plan shall include the emission point number (EPN), the facility identification number (FIN), the throughput of VOC with a true vapor pressure greater than or equal to 0.5 psia, but less than 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.

          (2)  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 greater than or equal to 0.5 psia, but less than 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 greater than or equal to 0.5 psia, but less than 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.

          (3)  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 greater than or equal to 0.5 psia, but less than 11 psia, under actual storage conditions continues to be at least 90%.

          (4)  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 greater than or equal to 0.5 psia, but less than 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.

          (5)  The loading of VOC with a true vapor pressure greater than or equal to 11 psia under actual storage conditions must be controlled by:

                    (A)  pressurized loading;

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

                    (C)  a vapor balance system, as defined in §115.10 of this title (relating to Definitions).

          (6)  A VOC loading operation which, under the 90% control option of this subsection, is not required to control vapors caused by loading VOC into a transport vessel is likewise not required to comply with:

               (A)  §115.212(a)(3)(A) and (C) of this title; or

               (B)  §115.214(a)(1)(A)(ii) and (iii) and (C) of this title (relating to Inspection Requirements).
     (c)  General VOC loading - 90% overall control option in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties.  As an alternative to §115.212(b)(1) of this title, VOC loading operations other than gasoline terminals, gasoline bulk plants, and marine terminals may elect to achieve a 90% overall control of emissions at the account from the loading of VOC (excluding loading into marine vessels and loading at gasoline terminals and gasoline bulk plants) with a true vapor pressure greater than or equal to 1.5 psia, but less than 11 psia, under actual storage conditions.

          (A)  Each VOC loading operation using this control option shall meet the requirements of subsection (b)(1)-(5) of this section, except that 1.5 psia shall be substituted for 0.5 psia in these paragraphs.

          (B)  A VOC loading operation which, under the 90% control option of this subsection, is not required to control vapors caused by loading VOC into a transport vessel is likewise not required to comply with:

               (i)  §115.212(b)(3)(A) and (C) of this title; or

               (ii)  §115.214(b)(1)(A)(ii) and (iii) and (C) of this title.

     (d)  Marine vessel loading - 90% control option.  As an alternative to §115.212(a)(6)(A) of this title, marine terminals may elect to achieve a 90% overall control of emissions at the marine terminal from the loading of VOC with a true vapor pressure greater than or equal to 0.5 psia, but less than 11 psia, under actual storage conditions into marine vessels, 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 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 greater than or equal to 0.5 psia, but less than 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 control option available under this subsection 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 greater than or equal to 0.5 psia, but less than 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.

          (2)  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 greater than or equal to 0.5 psia, but less than 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 greater than or equal to 0.5 psia, but less than 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.

          (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 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 greater than or equal to 0.5 psia, but less than 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.

          (4)  The loading of VOC with a true vapor pressure greater than 11 psia under actual storage conditions must be controlled by:

               (A)  pressurized loading;

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

               (C)  a vapor balance system, as defined in §115.10 of this title.

          (5)  A marine loading operation which, under the 90% control option of this subsection, is not required to control vapors caused by loading VOC into a marine vessel is likewise not required to comply with:

               (A)  §115.212(a)(6)(B)-(D) of this title; or

               (B)  §115.214(a)(3)(A), (B)(ii) and (iii), and (D) of this title.

***********************end tx 115.213 a96w**********************eb2k***b2n**

§115.214.  Inspection Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999.
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001.

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

          (1)  Land-based VOC transfer.

               (A)  During each VOC transfer, the owner or operator of the transfer operation or of the transport vessel shall inspect for:

                    (i)  visible liquid leaks;

                    (ii)  visible fumes; and

                    (iii)  significant odors.

               (B)  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.

               (C)  All tank-truck tanks being filled with or emptied of gasoline, or being filled with non-gasoline 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 of this title (relating to Control of Volatile Organic Compound Leaks From Transport Vessels) as evidenced by prominently displayed certification affixed near the United States Department of Transportation certification plate.

               (D)  Subparagraphs (A) and (B) of this paragraph do not apply to fumes from hatches or vents if the fumes result from:

                    (i)  a VOC transfer which is exempt from §115.211 or §115.212(a)(1) of this title (relating to Emission Specifications; and Control Requirements) under §115.217(a) of this title (relating to Exemptions); or

                    (ii)  a VOC loading operation which, under the 90% control option in §115.213(b) of this title (relating to Alternate Control Requirements), is not required to control vapors caused by loading VOC.

          (2)  Gasoline terminals - additional inspection.  The owner or operator of each gasoline terminal 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, a hydrocarbon gas analyzer may be used for the detection of leaks, by meeting the requirements of §§115.352-115.357 of this title (relating to Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas).  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.

          (3)  Marine terminals.  For marine terminals in the Houston/Galveston area, the following inspection requirements apply.

               (A)  Before loading a marine vessel with a VOC which has a vapor pressure equal to or greater than 0.5 pounds per square inch absolute under actual storage conditions, the owner or operator of the marine terminal shall verify that the marine vessel has passed an annual vapor tightness test as specified in §115.215(7) of this title (relating to Approved Test Methods).  If no documentation of the annual vapor tightness test is available, one of the following methods may be substituted.

                    (i)  VOC shall be loaded into the marine vessel with the vessel product tank at negative gauge pressure.

                    (ii)  Leak testing shall be performed during loading using Test Method 21.  The testing shall be conducted during the final 20% of loading of each product tank of the marine vessel and shall be applied to any potential sources of vapor leaks on the vessel.

                    (iii)  Documentation of leak testing conducted during the preceding 12 months as described in clause (ii) of this subparagraph shall be provided.

               (B)  During each VOC transfer, the owner or operator of the marine terminal or of the marine vessel shall inspect for:

                    (i)  visible liquid leaks;

                    (ii)  visible fumes; and

                    (iii)  significant odors.

               (C)  If a liquid leak is detected during VOC transfer and cannot be repaired immediately (for example, by tightening a bolt or packing gland), then the transfer operation shall cease until the leak is repaired.

               (D)  If a vapor leak is detected by sight, sound, smell, or hydrocarbon gas analyzer during the VOC loading operation, then a "first attempt" shall be made to repair the leak. VOC loading operations need not be ceased if the first attempt to repair the leak, as defined in §101.1 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 terminal.  No additional loadings shall be made into the cargo tank until a successful repair has been completed and an inspection conducted under 40 Code of Federal Regulations 61.304(f) or 63.565(c).

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

               (F)  All shore-based equipment is subject to the fugitive emissions monitoring requirements of §§115.352-115.357 of this title.  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 control system and between the marine loading facility and the associated land-based storage tanks, excluding working emissions from the storage tanks.

               (G)  Subparagraphs (B) and (D) of this paragraph do not apply to fumes from hatches or vents if the fumes result from:

                    (i)  a VOC transfer which is exempt from §115.212(a)(6)(A) of this title under §115.217(a)(5) of this title; or

                    (ii)  a VOC loading operation which, under the 90% control option in §115.213(d) of this title, is not required to control vapors caused by loading VOC.

     (b)  The owner or operator of each VOC transfer operation in the covered attainment counties shall comply with the following inspection requirements.

          (1)  Land-based VOC transfer.  At all VOC transfer operations in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties, and at gasoline terminals and gasoline bulk plants in the covered attainment counties:

               (A)  During each VOC transfer, the owner or operator of the transfer operation or of the transport vessel shall inspect for:

                    (i)  visible liquid leaks;

                    (ii)  visible fumes; and

                    (iii)  significant odors.

               (B)  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.

               (C)  All tank-truck tanks being filled with or emptied of gasoline shall have been leak tested within one year in accordance with the requirements of §§115.234-115.237 of this title as evidenced by prominently displayed certification affixed near the United States Department of Transportation certification plate.

               (D)  Subparagraphs (A) and (B) of this paragraph do not apply to fumes from hatches or vents if the fumes result from:

                    (i)  a VOC transfer which is exempt from §115.211 or §115.212(b)(1) of this title under §115.217(b) of this title; or

                    (ii)  a VOC loading operation which, under the 90% control option in §115.213(b) of this title, is not required to control vapors caused by loading VOC.

          (2)  Gasoline terminals - additional inspection.  The owner or operator of each gasoline terminal 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, a hydrocarbon gas analyzer may be used for the detection of leaks, by meeting the requirements of §§115.352-115.357 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.

***********************end tx 115.214 a96w**********************eb2k***b2n**

§115.215.  Approved Test Methods .
As adopted by TNRCC June 30, 1999, effective July 21, 1999.
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001.

     Compliance with the emission specifications, vapor control system efficiency, and certain control requirements, inspection requirements, and exemption criteria of §§115.211-115.214 and 115.217 of this title (relating to Loading and Unloading of Volatile Organic Compounds) shall be determined by applying one or more of the following test methods and procedures, as appropriate.

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

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

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

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

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

          (3)  Performance requirements for flares and vapor combustors.

               (A)  For flares, 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 demonstrate compliance with the emission specifications and control efficiency requirements of §115.211 and §115.212 of this title (relating to Emission Specifications; and Control Requirements).

          (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.

          (5)  Leak determination by instrument method.  Use Test Method 21 (40 CFR 60, Appendix A) for determining VOC leaks.
          (6)  Gasoline terminal test procedures.  Use the additional test procedures described in 40 CFR 60.503 b, c, and d, for pre-test leak determination, emission specifications test for vapor control systems, and pressure limit in transport vessel, respectively.

          (7)  Vapor-tightness test procedures for marine vessels.  Use 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.

          (8)  Flash point.  Use ASTM Test Method D93 for the measurement of flash point.

          (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 (relating 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.”

***********************end tx 115.215 a96w**********************eb2k***b2n**


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

      The owner or operator of each volatile organic compound (VOC) loading or unloading operation in the covered attainment counties or in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall maintain the following information for at least two years at the plant, as defined by its air quality account number.  The owner or operator shall make the information available upon request to representatives of the executive director, EPA, or any local air pollution control agency having jurisdiction in the area.

            (1)  Vapor control systems.  For vapor control systems used to control emissions from VOC transfer operations, records of appropriate parameters to demonstrate compliance, including:

                  (A)  continuous monitoring and recording of:

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

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

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

                        (iv)  the exhaust gas temperature immediately downstream of a vapor combustor.  Alternatively, the owner or operator of a vapor combustor may consider the unit to be a flare and meet the requirements of subparagraph (B) of this paragraph;

                  (B)  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) for flares; and

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

            (2)  Test results.  A record of the results of any testing conducted in accordance with §115.215 of this title (relating to Approved Test Methods).

            (3)  Land-based VOC transfer to or from transport vessels.

                  (A)  A daily record of:

                        (i)  the identification number of each tank-truck tank for which annual leak testing is required under §115.214(a)(1)(C) or (b)(1)(C) of this title (relating to Inspection Requirements);

                        (ii)  the quantity of VOC loaded into each transport vessel; and

                        (iii)  the date of the last leak testing of each tank-truck tank as required by §115.214(a)(1)(C) or (b)(1)(C) of this title.

                  (B)  A record of the type and vapor pressure of each VOC transferred (excluding gasoline).

                  (C)  The owner or operator of any plant, as defined by its air quality account number, at which all VOC transferred has a true vapor pressure at actual storage conditions less than 0.5 psia as specified in §115.217(a)(1) of this title (relating to Exemptions) or 1.5 psia as specified in §115.217(b)(1) of this title, is not required to keep the records specified in subparagraph (A) of this paragraph.

                  (D)  The owner or operator of any plant, as defined by its air quality account number, that is exempt under §115.217(a)(2)(A) or (B), or §115.217(b)(3)(A) or (B) of this title based upon gallons per day transferred shall maintain a daily record of the total throughput of gasoline or of VOC equal to or greater than 0.5 or 1.5 psia vapor pressure, as appropriate, loaded into transport vessels at the plant.

                  (E)  For gasoline terminals, records of the results of the fugitive monitoring and maintenance program required by §115.214(a)(2) and (b)(2) of this title:

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

                        (ii)  the date of each monthly inspection;

                        (iii)  the results of each inspection;

                        (iv)  the location, nature, severity, and method of detection for each leak;

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

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

                        (vii)  the inspector’s name and signature.

            (4)  Marine terminals.  For marine terminals in the Houston/Galveston area:

                  (A)  a daily record of all marine vessels loaded at the affected terminal, including:

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

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

                        (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;

                  (B)  a copy of each marine vessel's vapor tightness test documentation or records documenting compliance with the alternate methods specified in §115.214(a)(3)(A) of this title;

                  (C)  a copy of each marine vessel's first attempt repair log required by §115.214(a)(3)(D) of this title;

                  (D)  records of the results of the fugitive monitoring and maintenance program required by §115.214(a)(3)(F) of this title, 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.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 115.216 adopted by TNRCC 12/06/2000 (5-69)**d21*eb9e***c1i**


§115.217.  Exemptions.
As adopted by TNRCC June 30, 1999, effective July 21, 1999.
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001.

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

          (1)  Vapor pressure (at land-based operations).  All land-based loading and unloading of volatile organic compounds (VOC) with a true vapor pressure less than 0.5 pounds per square inch, absolute (psia) under actual storage conditions is exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

               (A)  §115.212(a)(2) of this title (relating to Control Requirements);

               (B)  §115.214(a)(1)(A)(i) and (B) of this title (relating to Inspection Requirements);

               (C)  §115.215(4) of this title (relating to Approved Test Methods); and

               (D)  §115.216(2) and (3)(B) of this title (relating to Monitoring and Recordkeeping Requirements).

          (2)  Throughput.

               (A)  Any plant, as defined by its air quality account number, excluding gasoline bulk plants, which loads less than 20,000 gallons of VOC into transport vessels per day (averaged over each 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 this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

                    (i)  §115.212(a)(2) of this title;

                    (ii)  §115.214(a)(1)(A)(i) and (B) of this title;

                    (iii)  §115.215(4) of this title; and

                    (iv)  §115.216(2), (3)(B), and (3)(D) of this title.

               (B)  Gasoline bulk plants which load less than 4,000 gallons of gasoline into transport vessels per day (averaged over each consecutive 30-day period) are exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

                    (i)  §115.212(a)(2) of this title;

                    (ii)  §115.214(a)(1)(A)(i) and (B) of this title; and

                    (iii)  §115.216(3)(D) of this title.

          (3)  Liquefied petroleum gas.  All loading and unloading of liquefied petroleum gas is exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

               (A)  §115.212(a)(2) of this title;

               (B)  §115.214(a)(1)(A)(i) and (B) of this title; and

               (C)  §115.216(3) of this title.

          (4)  Motor vehicle fuel dispensing facilities.  Motor vehicle fuel dispensing facilities, as defined in §101.1 of this title (relating to Definitions), are exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds).

          (5)  Marine vessels.  The following marine vessel transfer exemptions apply.

               (A)  The following marine vessel transfer operations are exempt from this division (relating to Loading and Unloading of Volatile Organic Compounds):

                    (i)  all loading and unloading of marine vessels in ozone nonattainment areas other than the Houston/Galveston area; and

                    (ii)  transfer of VOC from one marine vessel to another marine vessel ("lightering"), provided that the VOC transfer does not use loading arm(s), pump(s), meter(s), valve(s), or piping that are part of a marine terminal.

               (B)  The following marine vessel transfer operations are exempt from the requirements of §§115.212(a), 115.214(a), and 115.216 of this title, except as noted:

                    (i)  all unloading of marine vessels, except for §115.214(a)(3)(B)(i) and (C) and §115.216(2) of this title;

                    (ii)  marine terminals with uncontrolled marine loading VOC emissions less than 100 tons per year, except for §115.214(a)(3)(B)(i) and (C) and §115.216(2) of this title. 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;

                    (iii)  all throughput of VOC with a vapor pressure less than 0.5 psia loaded into marine vessels, except for §§115.212(a)(6)(D), 115.214(a)(3)(B)(i) and (C), and 115.216(2) of this title; and

                    (iv)  all throughput of VOC with a flash point of 150 degrees Fahrenheit or greater loaded into marine vessels, except for §§115.212(a)(6)(D), 115.214(a)(3)(B)(i) and (C), and 115.216(2) of this title.

     (b)  The following exemptions apply in the covered attainment counties.

          (1)  General VOCs (non-gasoline).  Except in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and Victoria Counties, all loading and unloading of VOC other than gasoline is exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds).

          (2)  Vapor pressure (at land-based operations).  All land-based loading and unloading of VOC with a true vapor pressure less than 1.5 psia under actual storage conditions is exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

               (A)  §115.212(b)(2) of this title;
               (B)  §115.214(b)(1)(A)(i) and (B) of this title;

               (C)  §115.215(4) of this title; and

               (D)  §115.216(2) and (3)(B) of this title.

          (3)  Throughput.

               (A)  Any plant, as defined by its air quality account number, excluding gasoline bulk plants, which loads less than 20,000 gallons of VOC into transport vessels per day (averaged over each 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 this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

                    (i)  §115.212(b)(2) of this title;

                    (ii)  §115.214(b)(1)(A)(i) and (B) of this title;

                    (iii)  §115.215(4) of this title; and

                    (iv)  §115.216(2), (3)(B), and (3)(D) of this title.

               (B)  Gasoline bulk plants which load less than 4,000 gallons of gasoline into transport vessels per day (averaged over each consecutive 30-day period) are exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

                    (i)  §115.212(b)(2) of this title;

                    (ii)  §115.214(b)(1)(A)(i) and (B) of this title; and

                    (iii)  §115.216(3)(D) of this title.

          (4)  Crude oil, condensate, and liquefied petroleum gas.  All loading and unloading of crude oil, condensate, and liquefied petroleum gas is exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds), except for:

               (A)  §115.212(b)(2) of this title;

               (B)  §115.214(b)(1)(A)(i) and (B) of this title; and

               (C)  §115.216(3) of this title.

          (5)  Motor vehicle fuel dispensing facilities.  Motor vehicle fuel dispensing facilities, as defined in §101.1 of this title, are exempt from the requirements of this division (relating to Loading and Unloading of Volatile Organic Compounds).

          (6)  Marine vessels.  All loading and unloading of marine vessels is exempt from this division (relating to Loading and Unloading of Volatile Organic Compounds).

***********************end tx 115.217 a96w**********************eb2k***b2n**

§115.219.  Counties and Compliance Schedules .
As adopted by TNRCC November 10, 1999, effective December 2, 1999.
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.

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