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

SUBCHAPTER H:  HIGHLY-REACTIVE VOLATILE ORGANIC COMPOUNDS

DIVISION 2:  COOLING TOWER HEAT EXCHANGE SYSTEMS
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

Outline:
§115.760.  Applicability and Cooling Tower Heat Exchange System Definitions. 5-79, TXd77
§115.761.  Site-wide Cap. 5-79, TXd77
§115.764.  Monitoring and Testing Requirements. 5-79, TXd77
§115.766.  Recordkeeping and Reporting Requirements. 5-79, TXd77
§115.767.  Exemptions. 5-79, TXd77
§115.769.  Counties and Compliance Schedules. 5-79, TXd77


§115.760.  Applicability and Cooling Tower Heat Exchange System Definitions.
As adopted by TCEQ December 1, 2004 effective December 23, 2004 (5-79).
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

     (a)  Applicability.  Any site with a cooling tower heat exchange system in the Houston/Galveston/Brazoria area, as defined in §115.10 of this title (relating to Definitions), that emits or has the potential to emit a highly-reactive volatile organic compound, as defined in §115.10 of this title, is subject to the requirements of this division (relating to Cooling Tower Heat Exchange Systems) in addition to the applicable requirements of any other division in this subchapter or any other subchapter in this chapter.

     (b)  Definitions.  The following terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise.  Additional definitions for terms used in this division are found in §§3.2, 101.1, and 115.10 of this title (relating to Definitions).

          (1)  Cooling tower heat exchange system - Cooling towers, associated heat exchangers, pumps, and ancillary equipment where water is used as a cooling medium and the heat from process fluids is transferred to cooling water.  This does not include fin-fan coolers.  This also does not include comfort cooling tower heat exchange systems (i.e., those used exclusively in cooling, heating, ventilation, and air conditioning systems).

          (2)  Jacketed reactor - A heat exchange system where water is used as a cooling medium around a heavy walled reactor rather than a conventional heat exchanger tube design.  For the purposes of this definition, a reactor is a device or vessel in which one or more chemicals or reactants, other than air, are combined or decomposed in such a way that the molecular structure of one or more chemicals are altered and one or more new organic compounds are formed.

          (3)  Finite volume system - A system in which a fixed amount of highly-reactive volatile organic compounds is contained or circulated, and changes in the amount of highly-reactive volatile organic compound in the system can only occur through transfers into the system to maintain the system level, transfers out of the system for maintenance purposes, or leakage out of the system (e.g., a propylene refrigeration system).

Adopted December 1, 2004, Effective December 23, 2004 (5-79).
***end tx 115.760***5-79***EPA-R06-OAR-2004-TX-0014***TX006***TXd77***h3e***


§115.761.  Site-wide Cap.
As adopted by TCEQ December 1, 2004 effective December 23, 2004 (5-79).
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

     (a)  The owner or operator of a site subject to this division shall additionally comply with the requirements of Chapter 101, Subchapter H, Division 6 of this title (relating to Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Program).

     (b)  All sites subject to this division or Division 1 of this subchapter (relating to Vent Gas Control) that are exempt from the highly-reactive volatile organic compound (HRVOC) emissions cap and trade program, in accordance with §101.392(a) of this title (relating to Exemptions), are limited to ten tons of HRVOC emissions per calendar year.

     (c)  Each site subject to this division is subject to the following emission limitations.

          (1)  HRVOC emissions at each site located in Harris County that is subject to this division or Division 1 of this subchapter must not exceed 1,200 pounds of HRVOCs per one-hour block period from any flare, vent, pressure relief valve, cooling tower, or any combination.

          (2)  HRVOC emissions at each site located in the Houston/Galveston/Brazoria area as defined in §115.10 of this title (relating to Definitions), excluding Harris County, that is subject to this division or Division 1 of this subchapter must not exceed 1,200 pounds of HRVOCs per one-hour block period from any flare, vent, pressure relief valve, cooling tower, or any combination.

          (3)  For any exceedance of the HRVOC emission limits specified in paragraph (1) or (2) of this subsection, the emission limits specified in paragraph (1) or (2) of this subsection must be used to determine compliance with subsection (a) or (b) of this section instead of the total amount of actual emissions.

     (d)  An owner or operator may not use emission reduction credits or discrete emission reduction credits in order to demonstrate compliance with this division.

Adopted December 1, 2004, Effective December 23, 2004 (5-79).
***end tx 115.761***5-79***EPA-R06-OAR-2004-TX-0014***TX006***TXd77***h3e***


§115.764.  Monitoring and Testing Requirements.
As adopted by TCEQ December 1, 2004 effective December 23, 2004 (5-79).
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

     (a)  The owner or operator of a cooling tower heat exchange system with a design capacity to circulate 8,000 gallons per minute (gpm) or greater of cooling water shall:

          (1)  install, calibrate, operate, and maintain a continuous flow monitor on each inlet of each cooling tower.  Each monitor shall be calibrated on an annual basis to within ± 5.0% accuracy.  When the cooling tower flow monitor is down, flow measurements shall be used for the most recent 24-hour period in which the flow measurements are representative of cooling tower operations during monitor downtime;

          (2)  install, calibrate, operate, and maintain a system to continuously determine the total strippable volatile organic compound (VOC) concentration at each inlet of each cooling tower. The continuous monitoring system must have a minimum detection limit capability of no more than 25 parts per billion by weight (ppbw) of strippable VOC in the cooling water.  The continuous monitor must be calibrated with methane or a VOC that best represents potential leakage into the cooling tower system and the emissions from the system.  Calibration must be checked weekly or more frequently, as necessary, to maintain a monitor drift of less than 5.0%.  During out-of-order periods of the VOC monitor(s) of 24 hours or greater, a sample must be collected for total VOC analysis according to the air-stripping method in Appendix P of the Texas Commission on Environmental Quality Sampling Procedures Manual (January 2003).  This sample must be collected at least three times per calendar week, with an interval of no less than 36 hours between samples;

          (3)  continuously operate each monitoring system as required by this section at least 95% of the time when the cooling tower is operational, averaged over a calendar year.  The percent measurement data availability must be calculated as the total operating hours of the cooling tower heat exchange system for which valid quality-assured data was recorded divided by the total operating hours of the cooling tower heat exchange system.  Time required for normal calibration checks required under this subsection is not considered downtime for purposes of this calculation;

          (4)  determine the speciated strippable highly-reactive volatile organic compound (HRVOC) concentration by collecting samples from each inlet of each cooling tower at least once per month in accordance with the air-stripping method in Appendix P;

          (5)  if the concentration of total strippable VOC is equal to or greater than 50 ppbw in the cooling tower water for more than a one-hour block of time, collect an additional sample to determine speciated and total HRVOC in accordance with the air-stripping method in Appendix P from each inlet of the affected cooling tower at least once daily, beginning on the next calendar day.  The additional sampling to determine speciated and total HRVOC shall continue on a daily basis until the concentration of total strippable VOC drops below 50 ppbw; and

          (6)  in lieu of the monitoring in paragraph (2) of this subsection and the sampling for speciation of strippable HRVOC in paragraphs (4) and (5) of this subsection, a continuous on-line monitor capable of providing total HRVOC and speciated HRVOCs in ppbw may be installed.  The sampling system for the continuous on-line monitoring system must be demonstrated equivalent to the air-stripping apparatus used in Appendix P for determining strippable HRVOC concentrations in the water as specified in subsection (f) of this section.  The continuous on-line monitor system must satisfy the requirements of Sections 8.3, 10, 13.1, and 13.2 of 40 Code of Federal Regulations (CFR) Part 60, Appendix B, Performance Specification 9, as amended through October 17, 2000 (65 FR 61744).  The multi-point calibration procedure in Section 10.1 of Performance Specification 9 must be performed at least once every calendar quarter instead of once every month.  During out-of-order periods of the on-line HRVOC monitor(s) of 24 hours or greater, sampling must be performed for total and speciated HRVOC analysis according to the air-stripping method in Appendix P.  Sampling must be performed at least three times per calendar week, with an interval of no less than 36 hours between sampling times, until the continuous on-line monitor is properly operating and within the required performance specifications.

               (A)  During out-of-order periods of the monitoring system, data should be handled as follows for purposes of recordkeeping and demonstrating compliance:

                    (i)  For each out-of-order period less than 24 hours, the maximum one-hour average HRVOC concentrations from the 24-hour period immediately prior to the out-of-order period must be used; and

                    (ii)  For each out-of-order period of 24 hours or greater, the maximum one-hour average HRVOC concentrations from the 24-hour period immediately prior to the out-of-order period must be used for the time period from the initial outage of the monitoring system to time of collection of the first manual sample required by this paragraph.  The results of each manual sample must be used for the time period from collection of that sample to the collection of the subsequent sample, or to the time that the continuous monitoring system is on-line and within the required performance specifications.

               (B)  For periods that only the analyzer system is out of order and the sampling system (i.e., HRVOC sparging or stripping system) is still functioning within normal specifications, the owner or operator may elect to collect the manual samples required by this paragraph using the sampling system of the continuous HRVOC monitoring system.

     (b)  The owner or operator of a cooling tower heat exchange system with a design capacity to circulate less than 8,000 gpm of cooling water or a cooling tower heat exchange system in dedicated service to a jacketed reactor, as defined in §115.760(b) of this title (relating to Applicability and Cooling Tower Heat Exchange System Definitions), shall:

          (1)  install, calibrate, operate, and maintain a continuous flow monitor on each inlet of each cooling tower.  Each monitor must be calibrated on an annual basis to within ±5.0% accuracy.  When the cooling tower flow monitor is down, flow measurements must be used for the most recent 24-hour period in which the flow measurements are representative of cooling tower operations during monitor downtime;

          (2)  determine the total strippable VOC concentration by collecting samples from each inlet of each cooling tower at least twice per week in accordance with the air-stripping method in Appendix P with an interval of not less than 48 hours between samples;

          (3)  operate each monitoring system as required by this section at least 95% of the time when the cooling tower is operational, averaged over a calendar year.  The percent measurement data availability must be calculated as the total operating hours of the cooling tower heat exchange system for which valid quality-assured data was recorded divided by the total operating hours of the cooling tower heat exchange system.  Time required for normal calibration checks required under this subsection is not considered downtime for purposes of this calculation;

          (4)  determine the speciated strippable HRVOC concentration by collecting samples from each inlet of each cooling tower at least once per month in accordance with the air-stripping method in Appendix P;

          (5)  if the concentration of total strippable VOC is equal to or greater than 50 ppbw in the cooling tower water, collect an additional sample to determine total strippable VOC, speciated HRVOC, and total HRVOC from each inlet of the affected cooling tower at least once daily, beginning on the next calendar day, in accordance with the air-stripping method in Appendix P.  The additional sampling to determine total strippable VOC, speciated HRVOC, and total HRVOC must continue on a daily basis until the concentration of total strippable VOC drops below 50 ppbw; and

          (6)  in lieu of the monitoring in paragraph (2) of this subsection and the sampling for speciation of strippable HRVOC in paragraphs (4) and (5) of this subsection, a continuous on-line monitor capable of providing total HRVOC and speciated HRVOCs in ppbw may be installed.  The sampling system for the continuous on-line monitoring system must be demonstrated equivalent to the air-stripping apparatus used in Appendix P for determining strippable HRVOC concentrations in the water as specified in subsection (f) of this section.  The continuous on-line monitor system must satisfy the requirements of Sections 8.3, 10, 13.1, and 13.2 of 40 CFR Part 60, Appendix B, Performance Specification 9.  The multi-point calibration procedure in Section 10.1 of Performance Specification 9 must be performed at least once every calendar quarter instead of once every month.  During out-of-order periods of the on-line HRVOC monitor(s) of 24 hours or greater, sampling must be performed for total and speciated HRVOC analysis according to the air-stripping method in Appendix P.  Sampling must be performed at least twice per calendar week, with an interval of no less than 72 hours between sampling times, until the continuous on-line monitor is properly operating and within the required performance specifications.

               (A)  During out-of-order periods of the monitoring system, data should be handled as follows for purposes of recordkeeping and demonstrating compliance.

                    (i)  For each out-of-order period less than 24 hours, the maximum one-hour average HRVOC concentrations from the 24-hour period immediately prior to the out-of-order period must be used.

                    (ii)  For each out-of-order period of 24 hours or greater, the maximum one-hour average HRVOC concentrations from the 24-hour period immediately prior to the out-of-order period must be used for the time period from the initial outage of the monitoring system to time of collection of the first manual sample required by this paragraph.  The results of each manual sample must be used for the time period from collection of that sample to the collection of the subsequent sample, or to the time that the continuous monitoring system is on-line and within the required performance specifications.

               (B)  For periods that only the analyzer system is out of order and the sampling system (i.e., HRVOC sparging or stripping system) is still functioning within normal specifications, the owner or operator may elect to collect the manual samples required by this paragraph using the sampling system of the continuous HRVOC monitoring system.

     (c)  When periodic sampling is required, the owner or operator of the cooling tower heat exchange system shall determine the speciated HRVOC concentration as soon as this information is available, but no later than seven days after the sample(s) have been collected.  Samples collected in a TedlarTM bag must be analyzed no later than 72 hours after the samples have been collected.  The samples must be analyzed according to the procedures in Test Method 18, 40 CFR Part 60, Appendix A, and/or Method TO-14A, published in “U.S. EPA Compendium for Determination of Toxic Organic Compounds in Ambient Air (1996),” United States Environmental Protection Agency Document Number 625/R96/010B.

     (d)  In lieu of subsections (a)(2) - (5) and (b)(2) - (5) of this section, the owner or operator of cooling tower heat exchange systems in which no individual heat exchanger has 5.0% or greater HRVOC in the process-side fluid, shall determine total strippable VOC and the HRVOC concentration in the cooling tower water at least once per month, with an interval of not less than 20 days between samples, according to the air-stripping method in Appendix P.  If the total strippable VOC concentration in the cooling tower water is 50 ppbw or greater, the owner or operator shall determine the total strippable VOC weekly and the HRVOC concentration weekly.  The additional sampling for the total strippable VOC concentration and HRVOC concentration continue until the total strippable VOC concentration drops below 50 ppbw.

     (e)  In lieu of using a continuous flow monitor as described in subsections (a)(1) and (b)(1) of this section, the owner or operator of a cooling tower heat exchange system may:

          (1)  use the maximum potential flow rate based on manufacturer’s pump performance data, assuming no back pressure; or

          (2)  install, calibrate, operate, and maintain, in accordance with the manufacturer’s recommendations, a monitor to continuously measure and record each cooling water pump discharge pressure to establish the total dynamic head of the cooling water system.  The owner or operator of the cooling water system must establish, use, and demonstrate in the QAP required in §115.766(i) of this title (relating to Recordkeeping and Reporting Requirements), a calculation methodology that will provide, on a continuous basis, the cooling water circulation flow rate (in gpm) based on the following:  cooling water discharge pressure for each pump; the manufacturer's certified pump performance data; and the number of pumps in operation.  This calculated flow rate will then be used to determine the hourly emission rate in pounds per hour, as required by §115.766(a)(3) of this title.

     (f)  Minor modifications to the monitoring and testing methods in this section may be approved by the executive director.  Monitoring and testing methods other than those specified in this section may be used if approved by the executive director and validated by 40 CFR Part 63, Appendix A, Test Method 301 (December 29, 1992).  For the purposes of this subsection, substitute “executive director” in each place that Test Method 301 references “administrator.”

     (g)  In lieu of using the monitor location described in subsections (a), (b), and (h) of this section:

          (1)  the owner or operator of cooling tower heat exchange systems in which a single cooling tower services both HRVOC and non-HRVOC process units, or a single cooling tower that services multiple types of heat exchange systems (i.e., jacketed reactor or finite volume system), may:

               (A)  install a flow monitor or monitors, meeting the requirements of subsections (a)(1) and (b)(1) of this section at a point that represents the flow of cooling water from only the HRVOC-containing process units; and

               (B)  monitor the total strippable VOC or HRVOC concentration, in accordance with subsection (a), (b), (d), or (h) of this section at a point leaving the HRVOC-containing process unit and prior to mixing with cooling tower water from other units; or

          (2)  the owner or operator of cooling tower heat exchange systems may elect to monitor cooling water flow rate at a location that is representative of the total flow rate to the cooling tower.

     (h)  In lieu of the requirements of subsection (a) of this section, the owner or operator of a cooling tower heat exchange system in dedicated service to a finite volume system, as defined in §115.760(b) of this title, with HRVOC and with a design capacity to circulate 8,000 gallons gpm or greater of cooling water may elect to comply with the following requirements:

          (1)  install, calibrate, operate, and maintain a continuous flow monitor on each inlet of each cooling tower.  Each monitor must be calibrated on an annual basis to within ±5.0% accuracy.  When the cooling tower flow monitor is down, flow measurements must be used for the most recent 24-hour period in which the flow measurements are representative of cooling tower operations during monitor downtime;

          (2)  determine the speciated strippable HRVOC concentration by collecting samples from each inlet of each cooling tower at least once per month in accordance with the air-stripping method in Appendix P;

          (3)  determine the total strippable VOC concentration by collecting samples from each inlet of each cooling tower at least twice per week in accordance with the air-stripping method in Appendix P with an interval of not less than 48 hours between samples;

          (4)  if the concentration of total strippable VOC is equal to or greater than 50 ppbw in the cooling tower water, collect an additional sample to determine total strippable VOC, speciated HRVOC, and total HRVOC from each inlet of the affected cooling tower at least once daily in accordance with the air-stripping method in Appendix P.  The additional sampling to determine total strippable VOC, speciated HRVOC, and total HRVOC must continue on a daily basis until the concentration of total strippable VOC drops below 50 ppbw;

          (5)  install, calibrate, operate, and maintain a continuous monitoring system to monitor the inventory level of the HRVOC in the finite volume system;

          (6)  develop, implement, and follow a written monitoring plan to satisfy the requirements of paragraph (5) of this subsection.  The monitoring plan must include:

               (A)  specifications for all monitors used to satisfy the requirements of paragraph (5) of this subsection;

               (B)  the normal hourly variation in the inventory level for the continuous monitoring system;

               (C)  all process information, design specifications, and engineering calculations, used to establish the normal hourly variation in the inventory level; and

               (D)  at a minimum, quarterly inspections of the continuous monitoring system to ensure proper operation;

          (7)  if the hourly inventory level monitored in accordance with paragraphs (5) and (6) of this subsection is not within the normal hourly variation in the inventory level established as required in paragraph (5) of this subsection, except during maintenance activities, then the owner or operator must perform sampling for total strippable VOC as specified in paragraph (3) of this subsection within 24 hours.  If the concentration of total strippable VOC is equal to or greater than 50 ppbw in the cooling tower water, then the owner or operator shall perform daily sampling to determine total strippable VOC, speciated HRVOC, and total HRVOC in accordance with paragraph (4) of this subsection until the concentration of total strippable VOC drops below 50 ppbw; and

          (8)  upon written request by the executive director, the monitoring plan required in accordance with paragraph (6) of this subsection must be submitted within 30 days for review.  The executive director may require additional or alternative monitoring requirements.

Adopted December 1, 2004, Effective December 23, 2004 (5-79).
***end tx 115.764***5-79***EPA-R06-OAR-2004-TX-0014***TX006***TXd77***h3e***


§115.766.  Recordkeeping and Reporting Requirements.
As adopted by TCEQ December 1, 2004 effective December 23, 2004 (5-79).
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

     (a)  The owner or operator of any cooling tower heat exchange system subject to §115.761 of this title (relating to Site-wide Cap) shall comply with the following recordkeeping requirements:

          (1)  establish and maintain a process diagram of the cooling tower heat exchange system, including the locations at which the system will be monitored and sampled such that the cooling water is not exposed to the atmosphere prior to sampling;

          (2)  maintain records of all monitoring, testing, and calibrations performed in accordance with the provisions of §115.764 of this title (relating to Monitoring and Testing Requirements);

          (3)  maintain hourly records that document the emission rate in pounds per hour (lb/hr) for each hour for speciated highly-reactive volatile organic compounds (HRVOC) and total HRVOC from the cooling water for each cooling tower heat exchange system as required by §115.764(a), (b), (d), or (h) of this title.  The flow rate of the cooling water in conjunction with the most recently monitored concentration of the speciated HRVOC or total HRVOC in the cooling tower water, shall be used to calculate the respective emission rate in lb/hr.  If the concentration results of the speciated HRVOC or total HRVOC analyses are below the minimum detection limit (i.e., non-detected), then half the detection limit(s) must be used to calculate HRVOC emissions;

          (4)  maintain hourly records of the total strippable VOC concentration in the cooling water for cooling tower heat exchanger systems monitored in accordance with §115.764(a)(2) of this title, and maintain records of each test for total strippable VOC concentration performed in accordance with §115.764(b)(2), (d), or (h) of this title.  If the concentration results of the total strippable VOC testing or monitoring are below the minimum detection limit, then one-half the detection limit must be used to calculate average total strippable VOC concentration;

          (5)  maintain hourly records of the cooling water flow rate;

          (6)  maintain records on a weekly basis that detail all corrective actions made to the continuous monitoring systems during monitor downtimes, and any delay in corrective action taken by documenting the dates, reasons, and durations of such occurrences; and

          (7)  for cooling tower heat exchange systems that comply with §115.764(h) of this title, maintain records including, but not limited to:

               (A)  the monitoring plan required by §115.764(h)(6) of this title;

               (B)  hourly records of the inventory level of the finite volume system from the continuous monitoring system required by §115.764(h)(6) of this title; and

               (C)  the date, time, purpose, and amount of all transfers of HRVOC into and out of the finite volume system;

     (b)  The owner or operator of any cooling tower heat exchange system claiming an exemption under §115.767 of this title (relating to Exemptions) shall comply with the following recordkeeping requirements:

          (1)  maintain records of the heat exchanger pressure differential to document continuous compliance with the exemption criteria of §115.767(1) of this title; or

          (2)  maintain records of the content of the process side fluid or intervening fluid in each heat exchanger to demonstrate continuous compliance with the exemption criteria of §115.767(2) and (5) of this title.

     (c)  The owner or operator shall maintain all records necessary to demonstrate continuous compliance and records of periodic measurements for at least five years and make them available for review upon request by authorized representatives of the executive director, United States Environmental Protection Agency, or any local air pollution control agency with jurisdiction.

     (d)  The owner or operator of any cooling tower heat exchange system using the alternate periodic monitoring available under §115.764(d) of this title shall maintain sufficient records to demonstrate that no individual heat exchanger has 5.0% or greater HRVOC in the process-side fluid.

     (e)  The owner or operator of any cooling tower heat exchange system using manufacturer's pump performance data to determine the maximum potential flow rate, as specified in §115.764(e)(1) of this title, shall maintain the following records for each pump:

          (1)  certified pump performance information from the manufacturer.  If manufacturer’s certified information is unavailable, then pump performance information that is generated by a qualified independent third-party organization using a code or standard of practice acceptable to the executive director may be used;

          (2)  the operating status of each pump;

          (3)  the motor manufacturer, model number, and rated brake horsepower;

          (4)  the impeller manufacturer, model number, size, and design;

          (5)  any change to a cooling tower heat exchange system pump or pumping system in which the change would modify the basis for design pumping capacity; and

          (6)  the effect of any change on the maximum potential flow rate.

     (f)  The owner or operator of any cooling tower heat exchange system using a system to monitor cooling water pump discharge pressure to determine the continuous flow rate for each cooling tower, as specified in §115.764(e)(2) of this title, shall maintain the following records for each pump:

          (1)  the continuous measurement of cooling water pump discharge pressure;

          (2)  certified pump performance information from the manufacturer.  If manufacturer’s certified information is unavailable, then pump performance information that is generated by a qualified independent third-party organization using a code or standard of practice acceptable to the executive director may be used;

          (3)  the operating status of each pump;

          (4)  the motor manufacturer, model number, and rated brake horsepower;

          (5)  the impeller manufacturer, model number, size, and design;

          (6)  any change to a cooling tower heat exchange system pump or pumping system in which the change would modify the basis for design pumping capacity; and

          (7)  the effect of any change on the maximum potential flow rate.

     (g)  The owner or operator of each site subject to §115.761 of this title shall maintain daily records to demonstrate compliance with the tons per calendar year emissions limits specified in §115.761(a) and (b) of this title, including:

          (1)  flare, vent gas, and pressure relief valve emissions that are subject to Division 1 of this subchapter (relating to Vent Gas Control); and

          (2)  all cooling towers subject to the requirements of §115.764 of this title.

     (h)  The owner or operator of each site subject to §115.761 of this title shall maintain hourly records to demonstrate compliance with the one-hour block emissions limits specified in §115.761(c) of this title, including:

          (1)  flare, vent gas, and pressure relief valve emissions that are subject to Division 1 of this subchapter; and

          (2)  all cooling towers subject to the requirements of §115.764 of this title.

     (i)  The owner or operator of an affected cooling tower heat exchange system shall develop, implement, and follow a written quality assurance plan (QAP) for the installation, calibration, operation, and maintenance for the monitoring equipment required by this division as follows.

               (1)  The owner or operator shall maintain records of the QAP and any revisions to the QAP on site. 

               (2)  Upon written request by the executive director, the QAP required in this paragraph shall be submitted within 30 days for review.  The executive director may specify revisions to the QAP.

     (j)  The owner or operator claiming an exemption under §115.767(4) of this title shall submit written notification to the executive director no later than December 31, 2005.

Adopted December 1, 2004, Effective December 23, 2004 (5-79).
***end tx 115.766***5-79***EPA-R06-OAR-2004-TX-0014***TX006***TXd77***h3e***


§115.767.  Exemptions.
As adopted by TCEQ December 1, 2004 effective December 23, 2004 (5-79).
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

     The following exemptions apply.

          (1)  Any cooling tower heat exchange system in which each individual heat exchanger with greater than 100 parts per million by weight (ppmw) highly-reactive volatile organic compounds (HRVOC) in the process side fluid is operated with the minimum pressure on the cooling water side at least five pounds per square inch, gauge (psig) greater than the maximum pressure on the process side, as demonstrated by continuous pressure monitoring and recording at all heat exchangers with greater than 100 ppmw HRVOC in the process side fluid, is exempt from the requirements of this division (relating to Cooling Tower Heat Exchange Systems), with the exception of the recordkeeping requirements of §115.766(b) and (c) of this title (relating to Recordkeeping and Reporting Requirements).

          (2)  Any cooling tower heat exchange system in which no individual heat exchanger has greater than 100 ppmw HRVOCs in the process side fluid is exempt from the requirements of this division, with the exception of the recordkeeping requirements of §115.766(b) and (c) of this title.

          (3)  Any site for which no stream directed to a cooling tower heat exchange system contains 5.0% or greater by weight HRVOC is exempt from the requirements of §115.761 of this title (relating to Site-wide Cap).

          (4)  Any cooling tower heat exchange system that will be permanently out of service by April 1, 2006, is exempt from the requirements of this division, with the exception of the notification and recordkeeping requirements in §115.766(j) of this title.

          (5)  Any cooling tower heat exchange system with an intervening cooling fluid containing less than 100 ppmw of HRVOC between the process and the cooling water is exempt from the requirements of this division, with the exception of the recordkeeping requirements of §115.766(b) and (c) of this title.  For purposes of this exemption:

               (A)  intervening fluid is a fluid that serves to isolate the cooling water from the process fluid and is not sent through a cooling tower or discharged; and

               (B)  discharge does not include emptying for maintenance purposes.

          (6)  All sites that are subject to this division and that are located in the Houston/ Galveston/Brazoria area as defined in §115.10 of this title (relating to Definitions), excluding Harris County, are exempt from §115.761(b) and (c)(2) of this title, except as provided in §115.769(a)(3) of this title (relating to Counties and Compliance Schedules).

Adopted December 1, 2004, Effective December 23, 2004 (5-79).
***end tx 115.767***5-79***EPA-R06-OAR-2004-TX-0014***TX006***TXd77***h3e***


§115.769.  Counties and Compliance Schedules.
As adopted by TCEQ December 1, 2004 effective December 23, 2004 (5-79).
Approved by EPA September 6, 2006 (71 FR 52655) effective October 6, 2006 (TXd77).

     (a)  The owner or operator of each cooling tower heat exchange system in Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties shall demonstrate compliance with this division (relating to Cooling Tower Heat Exchange Systems) as soon as practicable, but no later than December 31, 2005, with the exception of the following:

          (1)  §115.761(a) and (c)(2) of this title (relating to Site-wide Cap) for which the owner or operator shall demonstrate compliance as soon as practicable, but no later than January 1, 2007;

          (2)  §115.761(b) and (c)(1) of this title for which the owner or operator shall demonstrate compliance as soon as practicable, but no later than April 1, 2006; and

          (3)  the exemption in §115.767(6) of this title (relating to Exemptions) will no longer apply upon public notice of revocation by the commission.  Upon revocation of §115.767(6) of this title, sites subject to this division located in the Houston/Galveston/Brazoria area, as defined in §115.10 of this title (relating to Definitions), excluding Harris County, shall comply with paragraphs (1) and (2) of this subsection by the dates specified in those paragraphs, or within 180 days of public notice, whichever is later.

     (b)  For cooling tower heat exchange systems that become subject to the requirements of this division after December 31, 2005, testing and monitoring must be conducted as soon as practicable, but no later than 60 days after being brought into highly-reactive volatile organic compound service.