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

SUBCHAPTER D : PETROLEUM REFINING, NATURAL GAS PROCESSING, AND PETROCHEMICAL PROCESSES

5D2 DIVISION 2: FUGITIVE EMISSION CONTROL IN PETROLEUM REFINERIES IN GREGG, NUECES, AND VICTORIA COUNTIES
As approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89)

Outline:
§115.322.  Control Requirements. 5-71, TXd89
§115.323.  Alternate Control Requirements. 5-70, TXd89
§115.324.  Inspection Requirements. 5-56, TXc105P all
§115.325.  Testing Requirements. 5-71, TXd89
§115.326.  Recordkeeping Requirements. 5-73, TXd89
§115.327.  Exemptions. 5-71, TXd89
§115.329.  Counties and Compliance Schedules. 5-70, TXd89


§115.322.  Control Requirements.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     For Gregg, Nueces, and Victoria Counties, no person shall operate a petroleum refinery without complying with the following requirements.

          (1)  No component shall be allowed to have a volatile organic compound (VOC) leak as defined in §101.1 of this title (relating to Definitions) for more than 15 calendar days after the leak is found, except as provided in paragraph (2) of this section.

          (2)  A first attempt at repair shall be made no later than five calendar days after the leak is found, and the component shall be repaired no later than 15 calendar days after the leak is found, unless the repair of a component would require a unit shutdown which would create more emissions than the repair would eliminate.  A component in gas/vapor or light liquid service is considered to be repaired when it is monitored with an instrument using Test Method 21 and shown to no longer have a leak after adjustments or alterations to the component.  A component in heavy liquid service is considered to be repaired when it is monitored by audio, visual, and olfactory means and shown to no longer have a leak after adjustments or alterations to the component.  If the repair of a component would require a unit shutdown which would create more emissions than the repair would eliminate, the repair may be delayed until the next scheduled shutdown.

          (3)  All leaking components, as defined in paragraph (1) of this section, which cannot be repaired until the unit is shut down for turnaround shall be identified for such repair by tagging.  The executive director at his discretion may require early unit turnaround or other appropriate action based on the number and severity of tagged leaks awaiting turnaround.

          (4)  Except for pressure relief valves, no valves shall be installed or operated at the end of a pipe or line containing a VOC, unless the pipe or line is sealed with a second valve, a blind flange, a plug, or a cap.  The sealing device may be removed only while a sample is being taken or during maintenance operations, and when closing the line, the upstream valve shall be closed first.

          (5)  Pipeline valves and pressure relief valves in gaseous VOC service shall be marked in some manner that will be readily obvious to monitoring personnel.  Alternatively, the owner or operator of the refinery may choose to monitor all components in liquid service on the schedule for components in gaseous service specified in §115.324(2) of this title (relating to Inspection Requirements).

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.322***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.323.  Alternate Control Requirements.
5-70:  As adopted by TNRCC   August 8, 2001 effective August 29, 2001 (5-70).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     For all affected persons in Gregg, Nueces, and Victoria Counties, the following alternate control techniques may apply:

          (1)  Any alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (relating to Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties) may be approved by the executive director in accordance with §115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent.

          (2)  The executive director may approve an alternate monitoring method if the refinery operator can demonstrate that the alternate monitoring method satisfies the conditions of §115.324(7) of this title (relating to Inspection Requirements).  Any request for an alternate monitoring method must be made in writing to the executive director.

Adopted August 8, 2001, Effective August 29, 2001 (5-70).
***end tx 115.323***5-70***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.324.  Inspection Requirements. 5-56, TXc105P all
As adopted by TNRCC April 30, 1997 effective May 22, 1997 (5-56).
As approved by EPA January 26, 1999 (64 FR 03841) effective March 29, 1999 at 40 CFR 52.2270/52.2299(c)(105).  See the “Chapter 115 SIP Map” document above for the meaning of the left-justified codes before each paragraph.

105P  For Gregg, Nueces, and Victoria Counties, the owner or operator of a petroleum refinery shall conduct a monitoring program consistent with the following provisions:

105P       (1)  Measure yearly (with a hydrocarbon gas analyzer) the emissions from all:

105P            (A)  pump seals;

105P            (B)  pipeline valves in liquid service;

105P            (C)  process drains; and

105P            (D)  all valves elevated more than two meters above any permanent structure.

105P       (2)  Measure quarterly (with a hydrocarbon gas analyzer) the emissions from all:
105P            (A)  compressor seals;

105P            (B)  pipeline valves in gaseous service; and

105P            (C)  pressure relief valves in gaseous service.

105P       (3)  Visually inspect, weekly, all pump seals.

105P       (4)  Measure (with a hydrocarbon gas analyzer) the emissions from any component, except those exempted by §115.327(2)-(3) of this title (relating to Exemptions), whenever a potential leak is detected by sight, sound, or smell.

105P       (5)  Measure (with a hydrocarbon gas analyzer) emissions from any relief valve which has vented to the atmosphere within 24 hours.

105P       (6)  Upon the detection of a leaking component, shall affix to the leaking component a weatherproof and readily visible tag, bearing an identification number and the date the leak was located.  This tag shall remain in place until the leaking component is repaired.

105P       (7)  The monitoring schedule of paragraphs (1)-(3) of this section may be modified as follows:

105P            (A)  After completion of the required quarterly valve monitoring for a period of at least two years, the operator of a refinery may request in writing to the executive director that the valve monitoring schedule be revised based on the percent of valves leaking.  The percent of valves leaking shall be determined by dividing the sum of valves leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements.  This request shall include all data that have been developed to justify the following modifications in the monitoring schedule:

105P                 (i)  after two consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves in gas/vapor and light liquid service;

105P                 (ii)  after five consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0%, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves in gas/vapor and light liquid service.

105P                 (iii)  Leak detection skip period requirements for any New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants may be substituted for clauses (i) and (ii) of this subparagraph.

105P            (B)  If the executive director determines that there is an excessive number of leaks in any given process area, he may require an increase in the frequency of monitoring for that process area of the refinery.

********************* end 115.324 **********************


§115.325.  Testing Requirements.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     For all affected persons in Gregg, Nueces, and Victoria Counties, compliance with this division (relating to Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties) shall be determined by applying the following test methods, as appropriate:

          (1)  Test Method 21 (40 CFR 60, Appendix A, effective 6/22/90) for determining volatile organic compound (VOC) leaks.  The leak detection equipment can be calibrated with methane, propane, or hexane, but the meter readout must be as parts per million by volume (ppmv) hexane;

          (2)  determination of true vapor pressure using ASTM Test Method D323-82 for the measurement of Reid vapor pressure, adjusted for 68 degrees Fahrenheit (20 degrees Celsius) in accordance with American Petroleum Institute (API) Publication 2517, Third Edition, 1989; or

          (3)  minor modifications to these test methods approved by the executive director.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.325***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.326.  Recordkeeping Requirements.
5-73:  As adopted by TCEQ December 13, 2002 effective January 17, 2003 (5-73).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     For Gregg, Nueces, and Victoria Counties, the owner or operator of a petroleum refinery shall have the following recordkeeping requirements.

          (1)  Submit to the executive director a monitoring program plan. This plan shall contain, at a minimum, a list of the refinery units and the quarter in which they will be monitored, a copy of the log book format, and the make and model of the monitoring equipment to be used.

          (2)  Maintain a leaking-components monitoring log for all leaks of more than 10,000 parts per million by volume (ppmv) of volatile organic compound detected by the monitoring program required by §115.324 of this title (relating to Inspection Requirements).  This log shall contain, at a minimum, the following data:

               (A)  the name of the process unit where the component is located;

               (B)  the type of component (e.g., valve or seal);

               (C)  the tag number of the component;

               (D)  the date the component was monitored; 

               (E)  the results of the monitoring (in ppmv);

               (F)  a record of the calibration of the monitoring instrument;

               (G)  if a component is found leaking:

                    (i)  the date on which a leaking component is discovered;

                    (ii)  the date on which a first attempt at repair was made to a leaking component;

                    (iii)  the date on which a leaking component is repaired;

                    (iv)  the date and instrument reading of the recheck procedure after a leaking component is repaired; and

                    (v)  those leaks that cannot be repaired until turnaround and the date on which the leaking component is placed on the shutdown list;

               (H)  the total number of components checked and the total number of components found leaking; and

               (I)  the test method used (Test Method 21, or sight/sound/smell).

          (3)  Retain copies of the monitoring log for a minimum of five years after the date on which the record was made or the report prepared.

          (4)  Maintain all monitoring records for at least five years and make them available for review upon request by authorized representatives of the executive director, EPA, or local air pollution control agencies with jurisdiction.

Adopted December 13, 2002, Effective January 17, 2003 (5-73).
***end tx 115.326***5-73***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.327.  Exemptions.
5-71:  As adopted by TNRCC April 26, 2002 effective May 16, 2002 (5-71).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     For all affected persons in Gregg, Nueces, and Victoria Counties, the following exemptions shall apply.

          (1)  Valves with a nominal size of two inches (five centimeters (cm)) or less are exempt from the requirements of this division (relating to Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties), provided allowable emissions at any refinery from sources affected by this division after controls are applied with exemptions will not exceed by more than 5.0% such allowable emissions with no exemptions.  Any person claiming an exemption for valves two inches (five cm) nominal size or smaller under this section shall, at the time he provides his control plan, also provide the following information:

               (A)  identification of valves or classes of valves to be exempted;

               (B)  an estimate of uncontrolled emissions from exempted valves, and an estimate of emissions if controls were applied, plus an explanation of how the estimates were derived; and

               (C)  an estimate of the total volatile organic compound (VOC) emissions within the refinery from sources affected by §115.322 of this title (relating to Control Requirements), §115.324 of this title (relating to Inspection Requirements), and §115.326 of this title (relating to Recordkeeping Requirements) after controls are applied and assuming no exemptions for small valves, plus an explanation of how the estimate was derived.

          (2)  Components which contact a process fluid that contains less than 10% VOC by weight are exempt from the requirements of this division.

          (3)  Components which contact a process liquid containing a VOC having a true vapor pressure equal to or less than 0.147 pounds per square inch absolute (psia) (1.013 kPa) at 68 degrees Fahrenheit (20 degrees Celsius) are exempt from the requirements of §115.324 of this title if the components are inspected visually according to the inspection schedules specified within this same section.

          (4)  Petroleum refineries or individual process units in a temporary nonoperating status shall submit a plan for compliance with the provisions of this division, as soon as practicable, but no later than one month before the process unit is scheduled for start-up and be in compliance as soon as practicable, but no later than three months after start-up.  All petroleum refineries affected by this section shall notify the executive director of any nonoperating refineries or individual process units when they are shut down and dates of any start-ups as they occur.

          (5)  Pressure relief devices connected to an operating flare header, components in continuous vacuum service, storage tank valves, and valves that are not externally regulated (such as in-line check valves) are exempt from the monitoring requirement of §115.324 of this title.

          (6)  Compressors in hydrogen service are exempt from the requirements of §115.324 of this title if the owner or operator demonstrates that the percent hydrogen content can be reasonably expected to always exceed 50% by volume.

Adopted April 26, 2002, Effective May 16, 2002 (5-71).
***end tx 115.327***5-71***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***


§115.329.  Counties and Compliance Schedules.
5-70:  As adopted by TNRCC   August 8, 2001 effective August 29, 2001 (5-70).
Approved by EPA February 27, 2008 (73 FR 10383) effective March 28, 2008 (TXd89).

     All affected persons in Gregg, Nueces, and Victoria Counties shall continue to comply with applicable sections of this division (relating to Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties) as required by §115.930 of this title (relating to Compliance Dates).

Adopted August 8, 2001, Effective August 29, 2001 (5-70).
***end tx 115.329***5-70***EPA-R06-OAR-2005-TX-0015***TX021***TXd89***k36***
**************end texas chapter 115 subchapter d division 2***TXd89***k36***