Regulatory Text: 
Texas Commission on Environmental Quality

Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification

SUBCHAPTER F : STANDARD PERMITS
As approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2010-0043 [TX214].

Outline:
§116.601.  Types of Standard Permits. 6-81, TXd152, SIP effective June 2, 2014 (TXd152)
§116.602.  Issuance of Standard Permits. 6-52, TXd41, SIP  effective December 15, 2003 (TXd41)
§116.603.  Public Participation in Issuance of Standard Permits. 6-71, TXd93, SIP effective October 17, 2008 (TXd93)
§116.604.  Duration and Renewal of Registrations to Use Standard Permits. 6-52, TXd41, SIP  effective December 15, 2003 (TXd41)
§116.605.  Standard Permit Amendment and Revocation. 6-52, TXd41, SIP effective December 15, 2003 (TXd41)
§116.606.  Delegation. 6-52, TXd41, SIP effective December 15, 2003 (TXd41)
§116.610.  Applicability. 6-86, TXXd161, SIP effective November 10, 2014 (TXd161) 
§116.611.  Registration to Use a Standard Permit. 6-90, TXd220, SIP effective March 16, 2020 
§116.614.  Standard Permit Fees. 6-61, TXd101, SIP  effective May 19, 2009 (TXd101)
§116.615.  General Conditions.  6-90, TXd220, SIP effective March 16, 2020
§116.617.  State Pollution Control Project Standard Permit. 6-81, TXd152, SIP 
§116.620.  Installation and/or Modification of Oil and Gas Facilities. 6-54, TXd150, SIP effective March 17, 2014 (TXd150)


6F §116.601. Types of Standard Permits.
As adopted by TCEQ February 9, 2011, effective March 3, 2011 (6-81)
Approved by EPA April 1, 2014 (79 FR 18183) effective June 2, 2014 (TXd152)
Regulations.gov document EPA-R06-OAR-2014-0191-0007  [TX157.07]

     (a) For the purposes of this chapter a standard permit is either:
           (1) one that was adopted by the commission in accordance with Texas Government Code, Chapter 2001, Subchapter B, into this subchapter; or
           (2) one that is issued by the commission in accordance with §116.603 of this title (relating to Public Participation in Issuance of Standard Permits).
      (b) Any standard permit in this subchapter adopted by the commission shall remain in effect until it is repealed under the APA. If any adopted standard permit is repealed and replaced, facilities may continue to be authorized until the date of registration required by subsection (e) of this section.
      (c) A registration to use a standard permit adopted by the commission in this subchapter shall be renewed by the applicant under the requirements of §116.604 of this title (relating to Duration and Renewal of Registrations to use Standard Permits) by the tenth anniversary of the date of the original registration.
      (d) If a standard permit in this subchapter adopted by the commission is repealed and replaced, with no changes, by a standard permit issued by the commission, any existing registration to use the repealed standard permit will be automatically converted to a registration to use the new standard permit, if the facility continues to meet the requirements. An automatically converted registration to use a standard permit shall be renewed by the applicant under the requirements of §116.604 of this title by the tenth anniversary of the date of the new registration.
      (e) If a standard permit adopted by the commission in this subchapter is repealed and replaced with a standard permit issued by the commission, and the requirements of the standard permit are changed in the process, persons registered to use the repealed standard permit shall register to use the issued standard permit by the later of either the deadline established in the issued standard permit, or the tenth anniversary of the original registration. The commission shall notify, in writing, all persons registered to use the repealed standard permit of the date by which a new registration must be submitted. Persons not wishing to register for the issued standard permit shall have the option of applying for or qualifying for other applicable authorizations in this chapter or in Chapter 106 of this title (relating to Exemptions from Permitting).

***end tx 116.601***6-81***EPA-R06-OAR-2014-0191***TX157***TXd152***v27***

6F §116.602.  Issuance of Standard Permits.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  The commission may issue a standard permit under the procedures in §116.603 of this title (relating to Public Participation in Issuance of Standard Permits) if the commission finds that:
          (1)  the standard permit is enforceable; and
          (2)  the commission can adequately monitor compliance with the terms of the standard permit.
     (b)  The commission may issue standard permits for:
          (1) grandfathered facilities.  Standard permits for use by grandfathered facilities before September 1, 2001 are not required to meet best available control technology;
          (2)  the installation of emission control equipment that constitutes a modification or a new facility under TCAA, §382.057.
     (c)  Other than the standard permits issued for use under subsection (b)(1) and (2) of this section, all standard permits issued by the commission under this chapter shall require best available control technology.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.602 approved by epa 11/14/03*****TXd41**********dys**


6F §116.603. Public Participation in Issuance of Standard Permits.
As adopted by TCEQ September 20, 2006 effective October 12, 2006 (6-71).
Approved by EPA September 17, 2008 (73 FR 53716), effective October 17, 2008 (TXd93).

     (a) The commission will publish notice of a proposed standard permit in a daily or weekly newspaper of general circulation in the area affected by the activity that is the subject of the proposed standard permit.  If the proposed standard permit will have statewide applicability, notice will be published in the daily newspaper of largest general circulation within each of the following metropolitan areas: Austin, Dallas, and Houston and any other regional newspapers designated by the executive director on a case-by-case basis.  In all cases, the commission will publish notice in the Texas Register and issue a press release.  Electronic means may be used to transmit notice to selected state and local officials.

     (b) The contents of a public notice of a proposed standard permit shall be in accordance with §122.506 of this title (relating to Public Notice for General Operating Permits) except where clearly not applicable.  Each notice will include an invitation for written comments by the public regarding the proposed standard permit.  The public notice will specify a comment period of at least 30 days and the public notice will be published not later than the 30th day before the commission issues a standard permit.

     (c) The commission will hold a public meeting to provide an additional opportunity for public comment.  The commission will give notice of a public meeting under this subsection as part of the notice described in subsection (b) of this section not later than the 30th day before the date of the meeting.  The public comment period shall automatically be extended to the close of any public meeting.

     (d) If the commission receives public comment related to the issuance of a standard permit, the commission will issue a written response to the comments at the same time the commission issues or denies the permit.  The commission will make the response available to the public, and shall mail the
response to each commenter.

     (e) The commission will publish notice of its final action on the proposed standard permit and the text of its response to comments in the Texas Register.

     (f) The commission will make a copy of any issued standard permit and response to comments available to the public for inspection at the commission's Office of Permitting, Remediation, and Registration in its Austin office, and also in the appropriate regional offices.

Adopted September 20, 2006, Effective October 12, 2006 (6-71).
***end tx 116.603***6-71***EPA-R06-OAR-2006-0867***TX052***TXd93***kxu***


6F §116.604.  Duration and Renewal of Registrations to Use Standard Permits.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     An owner or operator who chooses to use a standard permit shall register to use a standard permit in accordance with §116.611 of this title (relating to Registration to Use a Standard Permit), unless otherwise specified in a specific standard permit.
          (1)  The registration to use a standard permit is valid for a term not to exceed ten years.
          (2)  The holder of a standard permit shall be required to renew the registration to use a standard permit by the date the registration expires.  Any registration renewal shall include the requirements, as applicable, of §116.611 of this title (relating to Registration to Use a Standard Permit) and shall provide information determined by the commission to be necessary to demonstrate compliance with the requirements and conditions of the standard permit and with applicable state and federal regulations.
          (3)  The commission will provide written notice to registrants of the renewal deadline at least 180 days prior to the expiration of the registration.
          (4)  The commission may choose to renew registrations to use specific standard permits automatically, and, in such cases, will provide written notice to registrants.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.604 approved by epa 11/14/03*****TXd41**********dys**


6F §116.605.  Standard Permit Amendment and Revocation.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     (a)  A standard permit remains in effect until amended or revoked by the commission.

     (b)  After notice and comment as provided by subsection (c) of this section and §116.603(b)-(f) of this title (relating to Public Participation in Issuance of Standard Permits), a standard permit may be amended or revoked by the commission.

     (c)  The commission will publish notice of its intent to amend or revoke a standard permit in a daily or weekly newspaper of general circulation in the area affected by the activity that is the subject of the standard permit.  If the standard permit has statewide applicability, then the requirement for newspaper notice shall be accomplished by publishing notice in the daily newspaper of largest general circulation within each of the following major metropolitan areas:  Austin, Dallas, and Houston.  The commission will also provide written notice to registrants and any persons requesting to be on a mailing list concerning a specific standard permit.  In both cases, the commission will publish notice in the Texas Register.

     (d)  The commission may, through amendment of a standard permit, add or delete requirements or limitations to the permit.
          (1)  To remain authorized under the standard permit, a facility shall comply with an amendment to the standard permit on the later of either the deadline the commission provides in the amendment or the date the facility’s registration to use the standard permit is required to be renewed.  The commission may not require compliance with an amended standard permit within 24 months of its amendment unless it is necessary to protect public health.
          (2)  Before the date the facility is required to comply with the amendment, the standard permit, as it read before the amendment, applies to the facility.
          (3)  The commission will consider the following when determining whether to amend or revoke a standard permit:
               (A)  whether a condition of air pollution exists;
               (B)  the applicability of other state or federal standards that apply or will apply to the types of facilities covered by the standard permit;
               (C)  requests from the regulated community or the public to amend or revoke a standard permit consistent with the requirements of the TCAA; and
               (D)  whether the standard permit requires best available control technology.

     (e)  The commission may require, upon issuance of an amended standard permit, or on a date otherwise provided, the owner or operator of a facility to submit a registration to use the amended standard permit in accordance with the requirements of §116.611 of this title (relating to Registration to Use a Standard Permit).

     (f)  If the commission revokes a standard permit, it will provide written notice to affected registrants prior to the revocation of the standard permit.  The notice will advise registrants that they must apply for a permit under this chapter or qualify for an authorization under Chapter 106 of this title (relating to Exemptions from Permitting).

     (g)  The issuance, amendment, or revocation of a standard permit or the issuance, renewal, or revocation of a registration to use a standard permit is not subject to Texas Government Code, Chapter 2001.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.605 approved by epa 11/14/03*****TXd41**********dys**


6F §116.606.  Delegation.
As adopted by TNRCC December 16, 1999, effective January 11, 2000 (6-52).
Approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).

     The commission may delegate to the executive director any authority in this subchapter.

Adopted December 16, 1999, effective January 11, 2000 (6-52)
***********end tx 116.606 approved by epa 11/14/03*****TXd41**********dys**

6F §116.610. Applicability.
Approved by EPA November 10, 2014 (79 FR 66626) effective November 10, 2014 (TXd161)
Paragraph (b): 30 TAC Section 116.610(b) “as adopted by the State as of 11/20/2002” was adopted by TNRCC March 7, 2001, effective March 29, 2001 (6-55) and approved by EPA September 6, 2006 (71 FR 52664) effective October 6, 2006 (TXd79), Regulations.gov docket EPA-R06-OAR-2005-TX-0023.
Rest of §116.610 is as adopted by TCEQ March 26, 2014, effective April 17, 2014 (6-86)
Regulations.gov document EPA-R06-OAR-2013-0808-0027  [TX155.27]
Section 116.610 Explanation:
     30 TAC Section 116.610(b) is SIP-approved as adopted by the State as of 11/20/2002.
     The SIP does NOT include 30 TAC Section 116.610(d).

     (a) Under the Texas Clean Air Act, §382.051, a project that meets the requirements for a standard permit listed in this subchapter or issued by the commission is hereby entitled to the standard permit, provided the following conditions listed in this section are met. For the purposes of this subchapter, project means the construction or modification of a facility or a group of facilities submitted under the same registration.
          (1) Any project that results in a net increase in emissions of air contaminants from the project other than water, nitrogen, ethane, hydrogen, oxygen, or greenhouse gases (GHGs) as defined in §101.1 of this title (relating to Definitions), or those for which a national ambient air quality standard has been established must meet the emission limitations of §106.261 of this title (relating to Facilities (Emission Limitations)), unless otherwise specified by a particular standard permit.
          (2) Construction or operation of the project must be commenced prior to the effective date of a revision to this subchapter under which the project would no longer meet the requirements for a standard permit.
          (3) The proposed project must comply with the applicable provisions of the Federal Clean Air Act (FCAA), §111 (concerning New Source Performance Standards) as listed under 40 Code of Federal Regulations (CFR) Part 60, promulgated by the United States Environmental Protection Agency (EPA).
          (4) The proposed project must comply with the applicable provisions of FCAA, §112 (concerning Hazardous Air Pollutants) as listed under 40 CFR Part 61, promulgated by the EPA.
          (5) The proposed project must comply with the applicable maximum achievable control technology standards as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §112 or as listed under Chapter 113, Subchapter C of this title (relating to National Emissions Standards for Hazardous Air Pollutants for Source Categories (FCAA, §112, 40 CFR Part 63)).
          (6) If subject to Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and Trade Program) the proposed facility, group of facilities, or account must obtain allocations to operate.

Paragraph (b): 30 TAC Section 116.610(b) “as adopted by the State as of 11/20/2002” was adopted by TNRCC March 7, 2001, effective March 29, 2001 (6-55) and approved by EPA September 6, 2006 (71 FR 52664) effective October 6, 2006 (TXd79), Regulations.gov docket EPA-R06-OAR-2005-TX-0023.
     (b) Any project, except those authorized under §116.617 of this title (relating to Standard Permits for Pollution Control Projects), which constitutes a new major source, or major modification under the new source review requirements of the FCAA, Part C (Prevention of Significant Deterioration Review) or Part D (Nonattainment Review) and regulations promulgated thereunder is subject to the requirements of §116.110 of this title (relating to Applicability) rather than this subchapter.
     (c) Persons may not circumvent by artificial limitations the requirements of
§116.110 of this title.
     (d)  NOT IN SIP
**end tx 116.610**6-86**EPA-R06-OAR-2013-0808-0027**TX155.27**TXd161**v27**


6F §116.611. Registration to Use a Standard Permit, SIP effective March 16, 2020 (TXd220).
As approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Paragraph (b) is as adopted by TCEQ November 20, 2002, effective December 11, 2002 (6-62), and 
approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).
Paragraphs (a) to (a)(6) and paragraphs (c) to (c)(2) are as adopted by TCEQ 
October 31, 2018 effective November 22, 2018 (6-90).
Submitted to EPA February 22, 2019 (TX-419),
Regulations.gov document EPA-R06-OAR-2019-0043-0003 [TX214.03] adobe page 96.
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214].
The SIP does NOT include 30 TAC Section 116.611(c)(3), (c)(3)(A), and (c)(3)(B).
Section 116.611 Explanations:
     30 TAC Section 116.611(b) is SIP-approved as adopted by the State as of 11/20/2002. 
     The SIP does NOT include 30 TAC Section 116.611(c)(3), (c)(3)(A), and (c)(3)(B).

NOTE: The left justified page numbers below are the Adobe file page numbers where the 
text appears in the RECOMMENDATION section of the Texas February 22, 2019 submittal
in Regulations.gov document EPA-RO6-OAR-2019-0043-0003 [TX214.03].

Page 96 -- last line on page
116.611. Registration to Use a Standard Permit.

Page 97 
     (a) If required, registration to use a standard permit shall be submitted using
the electronic method designated by the executive director for the applicable standard
permit. If a designated electronic method is not available. the registration shall be sent
by certified mail, return receipt requested, or hand delivered to the executive director,
the appropriate commission regional office, and any local air pollution program with
jurisdiction, before a standard permit can be used. The registration must be submitted
using the required form and must document compliance with the requirements of
this section, including, but not limited to:
          (1) the basis of emission estimates;
          (2) quantification of all emission increases and decreases associated with
the project being registered;
          (3) sufficient information as may be necessary to demonstrate that the
project will comply with §116.610(b) of this title (relating to Applicability);
          (4) information that describes efforts to be taken to minimize any
collateral emissions increases that will result from the project;
          (5) a description of the project and related process; and

Page 98
          (6) a description of any equipment being installed.

Paragraph (b)is as adopted by TCEQ November 20, 2002, effective December 11, 2002 (6-62), 
and approved by EPA November 14, 2003 (68 FR 64543) effective December 15, 2003 (TXd41).
     (b) Construction may begin any time after receipt of written notification from the 
executive director that there are no objections or 45 days after receipt by the executive 
director of the registration, whichever occurs first, except where a different time period 
is specified for a particular standard permit.

Page 98
     (c) In order to avoid applicability of Chapter 122 of this title (relating to Federal
Operating Permits), a certified registration shall be submitted. The certified
registration must state the maximum allowable emission rates and must include
documentation of the basis of emission estimates and a written statement by the
registrant certifying that the maximum emission rates listed on the registration reflect
the reasonably anticipated maximums for operation of the facility. The certified
registration shall be amended if the basis of the emission estimates changes or the
maximum emission rates listed on the registration no longer reflect the reasonably
anticipated maximums for operation of the facility. The certified registration shall be
submitted to the executive director; to the appropriate commission regional office; and
to all local air pollution control agencies having jurisdiction over the site. Certified
registrations must also be maintained in accordance with the requirements of
§116.115 of this title (relating to General and Special Conditions).

Page 99 
          (1) Certified registrations established prior to December 11, 2002, shall
be submitted on or before February 3, 2003.
          (2) Certified registrations established on or after December 11, 2002,
shall be submitted no later than the date of operation.
          (c)(3) NOT IN SIP
               (c)(3)(A) NOT IN SIP.
               (c)(3)(B) NOT IN SIP.
***end tx 116.611***6-90***EPA-R06-OAR-2019-0043***TX214***TXd220***a9k***

6F §116.614.  Standard Permit Fees.
6-61: As adopted by TCEQ September 25, 2002 effective October 20, 2002 (6-61).
Submitted to EPA October 4, 2002.
Approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101)

     Any person who registers to use a standard permit or an amended standard permit, or to renew a registration to use a standard permit shall remit, at the time of registration, a flat fee of $900 for each standard permit being registered, unless otherwise specified in a particular standard permit.  No fee is required if a registration is automatically renewed by the commission.  All standard permit fees will be remitted in the form of a check, certified check, electronic funds transfer, or money order made payable to the Texas Commission on Environmental Quality (TCEQ) and delivered with the permit registration to the TCEQ, P.O. Box 13088, MC 214, Austin, Texas 78711-3087. No fees will be refunded.

Adopted September 25, 2002, Effective October 20, 2002 (6-61).
***end tx 116.614***6-61***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***

 

6F §116.615. General Conditions, SIP effective March 16, 2020 (TXd220)
As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Submitted to EPA February 22, 2019 (TX-419),
Regulations.gov document EPA-R06-OAR-2019-0043-0003 [TX214.03] adobe page 99.
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214].
Section 116.615 Explanation -- none

NOTE: The left justified page numbers below are the Adobe file page numbers where the 
text appears in the RECOMMENDATION section of the Texas February 22, 2019 submittal
in Regulations.gov document EPA-RO6-OAR-2019-0043-0003.

Page 99 -- last line on page
§116.615. General Conditions.

Page 100
     The following general conditions are applicable to holders of standard permits,
but" will not necessarily be specifically stated within the standard permit document.
          (1) Protection of public health and welfare. The emissions from the
facility, including dockside vessel emissions, must comply with all applicable rules and
regulations of the commission adopted under Texas Health and Safety Code, Chapter
382, and with the intent of the Texas Clean Air Act (TCAA), including protection of
health and property of the public.
          (2) Standard permit representations. All representations with regard to
construction plans, operating procedures, pollution control methods. and maximum
emission rates in any registration for a standard permit become conditions upon which
the facility or changes thereto, must be constructed and operated. It is unlawful for
any person to vary from such representations if the change will affect that person's
right to claim a standard permit under this section. Any change in condition such that
a person is no longer eligible to claim a standard permit under this section requires
proper authorization under §116.110 of this title (relating to Applicability). Any
changes in representations are subject to the following requirements:

Page 101
               (A) For the addition of a new facility, the owner or operator shall
submit a new registration incorporating existing facilities with a fee, in accordance
with §116.611 and §116.614 of this title. (relating to Registration to use a Standard
Permit and Standard Permit Fees) prior to commencing construction. If the applicable
standard permit requires public notice, construction of the new facility or facilities
may not commence until the new registration has been issued by the executive
director.
               (B) For any change in the method of control of emissions. a change
in the character of the emissions. or an increase in the discharge of the various
emissions, the owner or operator shall submit written notification to the executive
director describing the change(s). along with the designated fee. no later than 30 days
after the change.
               (C) For any other change to the representations. the owner or
operator shall submit written notification to the executive director describing the
change{s) no later than 30 days after the change.
               (D) Any facility registered under a standard permit which contains
conditions or procedures for addressing changes to the registered facility which differ
Page 102
from subparagraphs (A) - (C) of this paragraph shall comply with the applicable
requirements of the standard permit in place of subparagraphs (A) - (C) of this
paragraph.
          (3) Standard permit in lieu of permit amendment. All changes authorized
by standard permit to a facility previously permitted under §116.110 of this title shall
be administratively incorporated into that facility's permit at such time as the permit is
amended or renewed.
          (4) Construction progress. Start of construction, construction
interruptions exceeding 45 days, and completion of construction shall be reported to
the appropriate regional office not later than 15 working days after occurrence of the
event, except where a different time period is specified for a particular standard
permit.
          (5) Start-up notification.
               (A) The appropriate air program regional office of the commission
and any other air pollution control agency having jurisdiction shall be notified prior to
the commencement of operations of the facilities authorized by a standard permit in
such a manner that a representative of the executive director may be present.

Page 103

               (B) For phased construction, which may involve a series of units
commencing operations at different times, the owner or operator of the facility shall
provide separate notification for the commencement of operations for each unit.
               (C) Prior to beginning operations of the facilities authorized by the
permit, the permit holder shall identify to the Office of Permitting, Remediation, and
Registration, the source or sources of allowances to be utilized for compliance with
Chapter 101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and
Trade Program).
               (D) A particular standard permit may modify start-up notification
requirements.
          (6) Sampling requirements. If sampling of stacks or process vents is
required, the standard permit holder shall contact the commission's appropriate
regional office and any other air pollution control agency having jurisdiction prior to
sampling to obtain the proper data forms and procedures. All sampling and testing
procedures must be approved by the executive director and· coordinated with the
regional representatives of the commission. The standard permit holder is also
responsible for providing sampling facilities and conducting the sampling operations
or contracting with an independent sampling consultant.

Page 104

          (7) Equivalency of methods. The standard permit holder shall
demonstrate or otherwise justify the equivalency of emission control methods,
sampling or other emission testing methods, and monitoring methods proposed as
alternatives to methods indicated in the conditions of the standard permit. Alternative
methods must be applied for in writing and must be reviewed and approved by the
executive director prior to their use in fulfilling any requirements of the standard
permit.
          (8) Recordkeeping. A copy of the standard permit along with information
and data sufficient to demonstrate applicability of and compliance with the standard
permit shall be maintained in a file at the plant site and made available at the request
of representatives of the executive director, the United States Environmental Protection
Agency, or any air pollution control agency having jurisdiction. For facilities that
normally operate unattended, this information shall be maintained at the nearest
staffed location within Texas specified by the standard permit holder in the standard
permit registration. This information must include, but is not limited to, production
records and operating hours. Additional recordkeeping requirements may be specified
in the conditions of the standard permit. Information and data sufficient to
demonstrate applicability of and compliance with the standard permit must be
retained for at least two years following the date that the information or data is
obtained. The copy of the standard permit must be maintained as a permanent record.

Page 105
          (9) Maintenance of emission control. The facilities covered by the
standard permit may not. be operated unless all air pollution emission capture and
abatement equipment is maintained in good working order and operating properly
during normal facility operations. Notification for emissions events and scheduled
maintenance shall be made in accordance with §101.201 and §101.211 of this title
(relating to Emissions Event Reporting and Recordkeeping Requirements; and
Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping
Requirements).
          (10) Compliance with rules. Registration of a standard permit by a
standard permit applicant constitutes an acknowledgment and agreement that the
holder will comply with all rules, regulations, and orders of the commission issued in
conformity with the TCAA and the conditions precedent to the claiming of the
standard permit. If more than one state or federal rule or regulation or permit
condition are applicable, the most stringent limit or condition shall govern. Acceptance
includes consent to the entrance of commission employees and designated
representatives of any air pollution control agency having jurisdiction into the
permitted premises at reasonable times to investigate conditions relating to the
emission or concentration of air contaminants, including compliance with the standard
permit.
          (11) Distance limitations, setbacks, and buffer zones. Notwithstanding
any requirement in any standard permit, if a standard permit for a facility requires a

Page 106
distance, setback, or buffer from other property or structures as a condition of the
permit, the determination of whether the distance, setback, or buffer is satisfied shall
be made on the basis of conditions existing at the earlier of:
               (A) the date new construction, expansion, or modification of a
facility begins; or
               (B) the date any application or notice of intent is first filed with the
commission to obtain approval for the construction or operation of the facility.

As adopted by TCEQ October 31, 2018 effective November 22, 2018 (6-90).
Approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220).
***end tx 116.615***6-90***EPA-R06-OAR-2019-0043***TX214***TXd220***a9k***

6F §116.617. State Pollution Control Project Standard Permit.
As adopted by TCEQ January 11, 2006, effective February 1, 2006 (6-68)
Approved by EPA April 1, 2014 (79 FR 18183) effective June 2, 2014 (TXd152)
Regulations.gov document EPA-R06-OAR-2014-0191-0006  [TX157.06]

     (a) Scope and applicability.
         (1) This standard permit applies to pollution control projects undertaken voluntarily or as required by any governmental standard, that reduce or maintain currently authorized emission rates for facilities authorized by a permit, standard permit, or permit by rule.
         (2) The project may include:
             (A) the installation or replacement of emissions control equipment;
             (B) the implementation or change to control techniques; or
             (C) the substitution of compounds used in manufacturing processes.
         (3) This standard permit must not be used to authorize the installation of emission control equipment or the implementation of a control technique that:
             (A) constitutes the complete replacement of an existing production facility or reconstruction of a production facility as defined in 40 Code of Federal Regulations §60.15(b)(1) and (c); or
             (B) the executive director determines there are health effects concerns or the potential to exceed a national ambient air quality standard criteria pollutant or contaminant that results from an increase in emissions of any air contaminant until those concerns are addressed by the registrant to the satisfaction of the executive director; or
             (C) returns a facility or group of facilities to compliance with an existing authorization or permit unless authorized by the executive director.
         (4) Only new or modified pollution control projects must meet the conditions of this standard permit. All previous standard permit registrations under this section that were authorized prior to the effective date of this rule must include the increases and decreases in emissions resulting from those projects in any future netting calculation and all other conditions must be met upon the ten-year anniversary and renewal of the original registration, or until administratively incorporated into the facilities' permit, if applicable.

     (b) General requirements.
         (1) Any claim under this standard permit must comply with all applicable conditions of:
             (A) §116.604(1) and (2) of this title (relating to Duration and Renewal of Registrations to Use Standard Permits);
             (B) §116.605(d)(1) and (2) of this title (relating to Standard Permit Amendment and Revocation);
             (C) §116.610 of this title (relating to Applicability);
             (D) §116.611 of this title (relating to Registration to Use a Standard Permit);
             (E) §116.614 of this title (relating to Standard Permit Fees); and
             (F) §116.615 of this title (relating to General Conditions).
         (2) Construction or implementation of the pollution control project must begin within 18 months of receiving written acceptance of the registration from the executive director, with one 18-month extension available, and must comply with § 116.115(b)(2) and §116.120 of this title (relating to General and Special Conditions and Voiding of Permits). Any changes to allowable emission rates authorized by this section become effective when the project is complete and operation or implementation begins.
             (3) The emissions limitations of §116.610(a)(1) of this title do not apply to this standard permit.
             (4) Predictable maintenance, startup, and shutdown emissions directly associated with the pollution control projects must be included in the representations of the registration application.
             (5) Any increases in actual or allowable emission rates or any increase in production capacity authorized by this section (including increases associated with recovering lost production capacity) must occur solely as a result of the project as represented in the registration application. Any increases of production associated with a pollution control project must not be utilized until an additional authorization is obtained. This paragraph is not intended to limit the owner or operator's ability to recover lost capacity caused by a derate, which may be recovered and used without any additional authorization.

     (c) Replacement projects.
         (1) The replacement of emissions control equipment or control technique under this standard permit is not limited to the method of control currently in place, provided that the control or technique is at least as effective as the current authorized method and all other requirements of this standard permit are met.
         (2) The maintenance, startup, and shutdown emissions may be increased above currently authorized levels if the increase is necessary to implement the replacement project and maintenance, startup, and shutdown emissions were authorized for the existing control equipment or technique.
         (3) Equipment installed under this section is subject to all applicable testing and recordkeeping requirements of the original control authorization. Alternate, equivalent monitoring, or records may be proposed by the applicant for review and approval of the executive director.

     (d) Registration requirements.
         (1) A registration must be submitted in accordance with the following.
             (A) If there are no increases in authorized emissions of any air contaminant resulting from a replacement pollution control project, a registration must be submitted no later than 30 days after construction or implementation begins and the registration must be accompanied by a $900 fee.
             (B) If a new control device or technique is authorized or if there are increases in authorized emissions of any air contaminant resulting from the pollution control project, a registration must be submitted no later than 30 days prior to construction or implementation. The registration must be accompanied by a $900 fee. Construction or implementation may begin only after:
                 (i) no written response has been received from the executive director within 30 calendar days of receipt by the Texas Commission on Environmental Quality (TCEQ); or
                 (ii) written acceptance of the pollution control project has been issued by the executive director.
             (C) If there are any changes in representations to a previously authorized pollution control project standard permit for which there are no increases in authorized emissions of any air contaminant, a notification or letter must be submitted no later than 30 days after construction or implementation of the change begins. No fee applies and no response will be sent from the executive director.
             (D) If there are al)y changes in representations to a previously authorized pollution control project standard permit that also increase authorized emissions of any air contaminant resulting from the pollution control project, a registration alteration must be submitted no later than 30 days prior to the start of construction or implementation of the change. The registration must be accompanied by a $450 fee, unless received within 180 days of the original registration approval. Construction or implementation may begin only after:
                 (i) no written response has been received from the executive director within 30 calendar days of receipt by the TCEQ; or
                 (ii) written acceptance of the pollution control project has been issued by the executive director.
         (2) The registration mustinclude the following:
             (A) a description of process units affected by the project;
             (B) a description of the project;
             (C) identification of existing permits or registrations affected by the project;
             (D) quantification and basis of increases and/or decreases associated with the project, including identification of affected existing or proposed emission points, all air contaminants, and hourly and annual emissions rates;
             (E) a description of proposed monitoring and recordkeeping that will demonstrate that the project decreases or maintains emission rates as represented; and
             (F) a description of how the standard permit will be administratively incorporated into the existing permit(s).

     (e) Operational requirements. Upon installation of the pollution control project, the owner or operator shall comply with the requirements of paragraphs (1) and (2) of this subsection.
         (1) General duty. The owner or operator must operate the pollution control project in a manner consistent with good industry and engineering practices and in such a way as to minimize emissions of collateral pollutants, within the physical configuration and operational standards usually associated with the emissions control device, strategy, or technique.
         (2) Recordkeeping. The owner or operator must maintain copies on site of monitoring or other emission records to prove that the pollution control project is operated consistent with the requirements in paragraph (1) of this subsection, and the conditions of this standard permit.

     (f) Incorporation of the standard permit into the facility authorization.
         (1) Any new facilities or changes in method of control or technique authorized by this standard permit instead of a permit amendment under §116.110 of this title (relating to Applicability) at a previously permitted or standard permitted facility must be incorporated into that facility's permit when the permit is amended or renewed.
         (2) All increases in previously authorized emissions, new facilities, or changes in method of control or technique authorized by this standard permit for facilities previously authorized by a permit by rule must comply with §106.4 of this title (relating to Requirements for Permitting by Rule), except §106.4(a)(1) of this title, and §106.8 of this title (relating to Recordkeeping).

As adopted by TCEQ January 11, 2006, effective February 1, 2006 (6-68)
***end tx 116.617***6-68***EPA-R06-OAR-2014-0191***TX157***TXd152***v27***


§116.620. Installation and/or Modification of Oil and Gas Facilities.
As adopted by TNRCC August 9, 2000, effective September 4, 2000 (6-54)
Approved by EPA February 14, 2014 (79 FR 08861) effective March 17, 2014 (TXd150)
Regulations.gov document EPA-R06-OAR-2011-0528-0005  [TX123.05]
Section 116.610 Explanation
    The types of emission units that may be authorized
    by this section are the following:
    • Internal combustion engines (ICEs),
    • Natural gas turbines (NG turbines),
    • Flares,
    • Other combustion units (design heat
        input >40 million BTU per hour),
    • Natural gas glycol dehydration units,
    • Storage tanks,
    • Separators,
    • Condensers,
    • Vapor recovery units,
    • Process vents, and
    • Process fugitives

     (a) Emission specifications.
         (1) Venting or flaring more than 0.3 long tons per day of total sulfur shall not be allowed.
         (2) No facility shall be allowed to emit total uncontrolled emissions of sulfur compounds, except sulfur dioxide (SOJ, from all vents (excluding process fugitives emissions) equal to or greater than four pounds per hour unless the vapors are collected and routed to a flare.
         (3) Any vent, excluding any safety relief valves that discharge to the atmosphere only as a result of fire or failure of utilities, emitting sulfur compounds other than S02 shall be at least 20 feet above ground level.
         (4) New or modified internal combustion reciprocating engines or gas turbines permitted under this standard permit shall satisfy all of the requirements of §106.512 of this title (relating to Stationary Engines and Turbines), except that registration using the Form PI-7 or PI-8 shall not be required. Emissions from engines or turbines shall be limited to the amounts found in §106.4(a)(1) of this title (relating to Requirements for Permitting by Rule).
         (5) Total Volatile Organic Compound (VOC) emissions from a natural gas glycol dehydration unit shall not exceed ten tons per year (tpy) unless the vapors are collected and controlled in accordance with subsection (b)(2) of this section.
         (6) Any combustion unit (excluding flares, internal combustion engines, or natural gas turbines), with a design maximum heat input greater than 40 million British thermal units (Btu) per hour (using lower heating values) shall not emit more than 0.06 pounds of nitrogen oxides per million Btu.
         (7) No facility which is less than 500 feet from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than ten tpy, but less than 25 tpy, unless the equipment is inspected and repaired according to subsection (c)(1) of this section.
         (8) No facility which is 500 feet or more from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipment is inspected and repaired according to subsection (c)(1) of this section.
         (9) No facility which is less than 500 feet from the nearest off-plant receptor shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 25 tpy unless the equipment is inspected and repaired according to subsection (c)(2) of this section.
         (10) No facility shall be allowed to emit uncontrolled VOC process fugitive emissions equal to or greater than 40 tpy unless the equipment is inspected and repaired according to subsection (c)(2) of this section.
         (11) No facility which is located less than 1/4 mile from the nearest off-plant receptor shall be allowed to emit hydrogen sulfide H2S or S02 process fugitive emissions unless the equipment is inspected and repaired according to subsection (c)(3) of this section. No facility which is located at least 1/4 mile from the nearest off-plant receptor shall be allowed to emit H2S or S02 process fugitive emissions unless the equipment is inspected and repaired according to subsection (c)(3) of this section or unless the H2S or S02 emissions are monitored with ambient property line monitors according to subsection (e)(l) of this section. Components in sweet crude oil or gas service as defined by Chapter 101 of this title (relating to General Air Quality Rules) are exempt from these limitations.
         (12) Flares shall be designed and operated in accordance with 40 Code of Federal Regulations (CFR), Part 60.18 or equivalent standard approved by the commission, including specifications of minimum heating values of waste gas, maximum tip velocity, and pilot flame monitoring. If necessary to ensure adequate combustion, sufficient gas shall be added to make the gases combustible. An infrared monitor is considered equivalent to a thermocouple for flame monitoring purposes. An automatic ignition system may be used in lieu of a continuous pilot.
         (13) Appropriate documentation shall be submitted to demonstrate that compliance with the Prevention of Significant Deterioration (PSD) and nonattainment new source review provisions of the FCAA, Parts C and D, and regulations promulgated thereunder, and with Subchapter C of this chapter (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)) are being met. The oil and gas facility shall be required to meet the requirements of Subchapter B of this chapter (relating to New Source Review Permits) instead of this subchapter if a PSD or nonattainment permit or a review under Subchapter C of this chapter is required.
         (14) Documentation shall be submitted to demonstrate compliance with applicable New Source Performance Standards (NSPS, 40 CFR Part 60).
         (15) Documentation shall be submitted to demonstrate compliance with applicable National Emission Standards for Hazardous Air Pollution (NESHAP, 40 CFR Part 61).
         (16) Documentation shall be submitted to demonstrate compliance with applicable maximum achievable control technology standards as listed under 40 CFR Part 63, promulgated by the EPA under FCAA, §112 or as listed in Chapter 113, Subchapter C of this title (relating to National Emissions Standards for Hazardous Air Pollutants for Source Categories (FCAA § 112, 40 CFR Part 63)).
         (17) New and increased emissions shall not cause or contribute to a violation of any National Ambient Air Quality Standard or regulation property line standards as specified in Chapters 111, 112, and 113 of this title (relating to Control of Air Pollution from Visible Emissions and Particulate Matter; Control of Air Pollution from Sulfur Compounds; and Control of Air Pollution from Toxic Materials). Engineering judgment and/or computerized air dispersion modeling may be used in this demonstration. To show compliance with §116.610(a)(1) of this title (relating to Applicability) for H2S emissions from process vents, ten milligrams per cubic meter shall be used as the "L" value instead of the value represented by §116,610(a)(1) of this title.
         (18) Fuel for all combustion units and flare pilots shall be sweet natural gas or liquid petroleum gas, fuel gas containing no more than ten grains of total sulfur per 100 dry standard cubic feet (dscf), or field gas. If field gas contains more than 1.5 grains of H2S or 30 grains total sulfur compounds per 100 dscf, the operator shall maintain records, including at least quarterly measurements of fuel H2S and total sulfur content, which demonstrate that the annual S02 emissions from the facility do not exceed the limitations listed in the standard permit registration. If a flare is the only combustion unit on a property, the operator shall not be required to maintain such records on flare pilot gas.

     (b) Control requirements.
         (1) Floating roofs or equivalent controls shall be required on all new or modified storage tanks, other than pressurized tanks which meet §106.476 of this title (relating to Pressurized Tanks or Tanks Vented to Control), unless the tank is less than 25,000 gallons in nominal size or the vapor pressure of the compound to be stored in the tank is less than 0.5 pounds per square inch absolute (psia) at maximum short-term storage temperature.
             (A) For internal floating roofs, mechanical shoe primary seal or liquid-mounted primary seal or a vapor-mounted primary with rim-mounted secondary seal shall be used.
             (B) Mechanical shoe or liquid-mounted primary seals shall include a rim-mounted secondary seal on all external floating roofs tanks. Vapor-mounted primary seals will not be accepted.
             (C) All floating roof tanks shall comply with the requirements under §115.112(a)(2)(A) - (F) of this title (relating to Control Requirements).
             (D) In lieu of a floating roof, tank emissions may be routed to:
                 (i) a destruction device such that a minimum VOC destruction efficiency of 98% is achieved; or
                 (ii) a vapor recovery system such that a minimum VOC recovery efficiency of 95% is achieved.
             (E) Independent of the permits by rule listed in this paragraph, if the emissions from any fixed roof tank exceed ten tpy of VOC or ten tpy of sulfur compounds, the tank emissions shall be routed to a destruction device, vapor recovery unit, or equivalent method of control that meets the requirements listed in subparagraph (D) of this paragraph.
         (2) The VOC emissions from a natural gas glycol dehydration unit shall be controlled as follows.
             (A) If total uncontrolled VOC emissions are equal to or greater than ten tpy, but less than 50 tpy, a minimum of 80% by weight minimum control efficiency shall be achieved by either operating a condenser and a separator (or flash tank), vapor recovery unit, destruction device, or equivalent control device.
             (B) If total uncontrolled VOC emissions are equal to or greater than 50 tpy, a minimum of:
                 (i) 98% by weight minimum destruction efficiency shall be achieved by a destruction device or equivalent; or
                 (ii) 95% by weight minimum control efficiency shall be achieved by a vapor recovery system or equivalent.

     (c) Inspection requirements.
         (1) Owners or operators who are subject to subsection (a)(7) or (8) of this section shall comply with the following requirements.
             (A) No component shall be allowed to have a VOC leak for more than 15 days after the leak is detected to exceed a VOC concentration greater than 10,000 parts per million by volume (ppmv) above background as methane, propane, or hexane, or the dripping or exuding of process fluid based on sight, smell, or sound for all components. The VOC fugitive emission components which contact process fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.5 psia at 100 degrees Fahrenheit are exempt from this requirement. If VOC fugitive emission components are in service where the operating pressure is at least 0.725 pounds per square inch (psi) (five kilopascals (Kpa)) below ambient pressure, then these components are also exempt from this requirement as long as the equipment is identified in a list that is made available upon request by the agency representatives, the EPA, or any other air pollution agency having jurisdiction. All piping and valves two inches nominal size and smaller, unless subject to federal NSPS requiring a fugitive VOC emissions leak detection and repair program or Chapter 115 of this title (relating to Control of Air Pollution from Volatile Organic Compounds), are also exempt from this requirement.
             (B) All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown, the repair may be delayed until the next scheduled shutdown. All leaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The executive director, at his discretion, may require early unit shutdown or other appropriate action based on the number and severity of tagged leaks awaiting shutdown.
             (C) New and reworked underground process pipelines containing VOCs shall contain no buried valves such that process fugitive emission inspection and repair is rendered impractical.
             (D) To the extent that good engineering practice will permit, new and reworked valves and piping connections in VOC service shall be so located to be reasonably accessible for leak-checking during plant operation. Valves elevated more than two meters above a support surface will be considered non-accessible and shall be identified in a list to be made available upon request.
             (E) New and reworked piping connections in VOC service shall be welded or flanged. Screwed connections are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement, all new or reworked connections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustments made as necessary to obtain leak-free performance. Flanges in VOC service shall be inspected by visual, audible, and/or olfactory means at least weekly by operating personnel walk-through.
             (F) Each open-ended valve or line in VOC service, other than a valve or line used for safety relief, shall be equipped with a cap, blind flange, plug, or a second valve. Except during sampling, the second valve shall be closed.
             (G) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauge shall be installed between the relief valve and rupture disc to monitor disc integrity. All leaking discs shall be replaced at the earliest opportunity, but no later than the next process shutdown. Sealless/leakless valves (including, but not limited to, welded bonnet bellows and diaphragm valves) and relief valves equipped with a rupture disc or venting to a control device are exempt from monitoring.
             (H) Dual pump seals with barrier fluid at higher pressure than process pressure, seals degassing to vent control systems kept in good working order, or seals equipped with an automatic seal failure detection and alarm system, submerged pumps, or sealless pumps (including, but not limited to, diaphragm, canned, or magnetic driven pumps) are exempt from monitoring.
             (I) All other pump and compressor seals emitting VOC shall be monitored with an approved gas analyzer at least quarterly.
             (J) After completion of the required quarterly inspections for a period of at least two years, the operator of the oil and gas facility may request in writing to the Office of Permitting, Remediation, and Registration that the 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 has been developed to justify the following modifications in the monitoring schedule.
                 (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.
                 (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.
         (2) Owners or operators who are subject to subsection (a)(9) or (10) of this section shall comply with the following requirements.
             (A) No component shall be allowed to have a VOC leak for more than 15 days after the leak is found which exceeds a VOC concentration greater than 500 ppmv for all components except pumps and compressors and greater than 2,000 ppmv for pumps and compressors above background as methane, propane, or hexane, or the dripping or exuding of process fluid based on sight, smell, or sound. The VOC fugitive emission components which contact process fluids where the VOCs have an aggregate partial pressure or vapor pressure of less than 0.044 psia at 100 degrees Fahrenheit are exempt from this requirement. If VOC fugitive emission components are in service where the operating pressure is at least 0.725 psi (five Kpa) below ambient pressure, these components are also exempt from this requirement as long as the equipment is identified in a list that is made available upon request by agency representatives, the EPA, or any air pollution control agency having jurisdiction. All piping and valves two inches nominal size and smaller are also exempt from this requirement.
             (B) All technically feasible repairs shall be made to repair a VOC leaking process fugitive component within 15 days after the leak is detected. If the repair of a component would require a unit shutdown, the repair may be delayed until the next scheduled shutdown. All leaking components which cannot be repaired until a scheduled shutdown shall be identified for such repair by tagging. The executive director, at his or her discretion, may require early unit shutdown or other appropriate action based on the number and severity of tagged leaks awaiting shutdown.
             (C) New and reworked underground process pipelines containing VOCs shall contain no buried valves such that process fugitive emission inspection and repair is rendered impractical.
             (D) To the extent that good engineering practice will permit, new and reworked valves and piping connections in VOC service shall be so located to be reasonably accessible for leak-checking during plant operation. Valves elevated more than two meters above a support surface will be considered non-accessible and shall be identified in a list to be made available upon request.
             (E) New and reworked piping connections in VOC service shall be welded or flanged. Screwed connections are permissible only on piping smaller than two-inch diameter. No later than the next scheduled quarterly monitoring after initial installation or replacement, all new or reworked connections shall be gas-tested or hydraulically-tested at no less than normal operating pressure and adjustments made as necessary to obtain leak-~ee performance. Flanges in VOC service shall be inspected by visual, audible, and/or olfactory means at least weekly by operating personnel walk-through.
             (F) Each open-ended valve or line in VOC service, other than a valve or line used for safety relief, shall be equipped with a cap, blind flange, plug, or a second valve. Except during sampling, the second valve shall be closed.
             (G) Accessible valves in VOC service shall be monitored by leak-checking for fugitive emissions at least quarterly using an approved gas analyzer. For valves equipped with rupture discs, a pressure gauge shall be installed between the relief valve and rupture disc to monitor disc integrity. All leaking discs shall be replaced at the earliest opportunity, but no later than the next process shutdown. Sealless/leakless valves (including, but not limited to, welded bonnet bellows and diaphragm valves) and relief valves equipped with a rupture disc or venting to a control device are exempt from monitoring.
             (H) Dual pump seals with barrier fluid at higher pressure than process pressure, seals degassing to vent control systems kept in good working order or seals equipped with an automatic seal failure detection and alarm system, submerged pumps, or sealless pumps (including, but not limited to, diaphragm, canned, or magnetic driven pumps) are exempt from monitoring.
             (I) All other pump and compressor seals emitting VOC shall be monitored with an approved gas analyzer at least quarterly.
             (J) After completion of the required quarterly inspections for a period of at least two years, the operator of the oil and gas facility may request in writing to the Office of Permitting, Remediation, and Registration that the 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 has been developed to justify the following modifications in the monitoring schedule.
                 (i) After two consecutive quarterly leak detection periods with the percent ofvalves 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.
                 (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.
             (K) A directed maintenance program shall be used and consist of the repair and maintenance of VOC fugitive emission components assisted simultaneously by the use of an approved gas analyzer such that a minimum concentration of leaking VOC is obtained for each component being maintained. Replaced components shall be remonitored within 30 days of being placed back into VOC service.
         (3) For owners and operators who are subject to the applicable parts of subsection (a)(11) of this section, auditory and visual checks for S02 and H2S leaks within the operating area shall be made every day. Immediately, but no later than eight hours upon detection of a leak, operating personnel shall take the following actions:
             (A) isolate the leak; and
             (B) commence repair or replacement of the leaking component; or
             (C) use a leak collection/containment system to prevent the leak until repair or replacement can be made if immediate repair is not possible.

     (d) Approved test methods.
         (1) An approved gas analyzer used for the VOC fugitive inspection and repair requirement in subsection (c) of this section, shall conform to requirements listed in 40 CFR §60.485(a) and (b).
         (2) Tutweiler analysis or equivalent shall be used to determine the H2S content as required under subsections (a) and (e) of this section.
         (3) Proper operation of any condenser used as a VOC emissions control device to comply with subsection (a)(5) of this section shall be tested to demonstrate compliance with the minimum control efficiency. Sampling shall occur within 60 days after start-up of new or modified facilities. The permittee shall contact the Engineering Services Section, Office of Compliance and Enforcement 45 days prior to sampling for approval of sampling protocol. The appropriate regional office in the region where the source is located shall also be contacted 45 days prior to sampling to provide them the opportunity to view the sampling. Neither the regional office nor the Engineering Services Section, Office of Compliance and Enforcement personnel are required to view the testing. Sampling reports which comply with the provisions of the "TNRCC Sampling Procedures Manual," Chapter 14 ("Contents of Sampling Reports," dated January 1983 and revised July 1985), shall be distributed to the appropriate regional office, any local programs, and the Engineering Services Section, Office of Compliance and Enforcement.

     (e) Monitoring and recordkeeping requirements.
         (1) If the operator elects to install and maintain ambient H2S property line monitors to comply with subsection (a)(11) of this section, the monitors shall be approved by the Engineering Services Section, Office of Compliance and Enforcement office in Austin, and shall be capable of detecting and alarming at H2S concentrations of ten ppmv. Operations personnel shall perform an initial on-site inspection of the facility within 24 hours of initial alarm and take corrective actions as listed in subsection (c)(3)(A) - (C) of this section within eight hours of detection of a leak.
         (2) The results of the VOC leak detection and repair requirements shall be made available to the executive director or any air pollution control agency having jurisdiction upon request. 
Records, for all components, shall include:
             (A) appropriate dates;
             (B) test methods;
             (C) instrument readings;
             (D) repair results; and
             (E) corrective actions. Records of flange inspections are not required unless a leak is detected.
         (3) Records for repairs and replacements made due to inspections of H2S and S02 components shall be maintained.
         (4) Records shall be kept for each production, processing, and pipeline tank battery or for each storage tank if not located at a tank battery, on a monthly basis, as follows:
             (A) tank battery identification or storage tank identification, if not located at a tank battery;
             (B) compound stored;
             (C) monthly throughput in barrels/month; and
             (D) cumulative annual throughput, barrels/year.
         (5) A plan shall be submitted to show how ongoing compliance will be demonstrated for the efficiency requirements listed in subsection (b)(l)(D) of this section. The demonstration may include, but is not limited to, monitoring flowrates, temperatures, or other operating parameters.
         (6) Records shall be kept on at least a monthly basis of all production facility flow rates (in standard cubic feet per day) and total sulfur content of process vents or flares or gas processing streams. Total sulfur shall be calculated in long tons per day.
         (7) Records shall be kept of all ambient property line monitor alarms and shall include the date, time, duration, and cause of alarm, date and time of initial on-site inspection, and date and time of corrective actions taken.
         (8) All required records shall be made available to representatives of the agency, the EPA, or local air pollution control agencies upon request and be kept for at least two years. All required records shall be kept at the plant site, unless the plant site is unmanned during business hours.  For plant sites ordinarily unmanned during business hours, the records shall be maintained at the nearest office in the state having day-to-day operations control of the plant site.

As adopted by TNRCC August 9, 2000, effective September 4, 2000 (6-54)
Approved by EPA February 14, 2014 (79 FR 08861) effective March 17, 2014 (TXd150)
***end tx 116.620***6-54***EPA-R06-OAR-2011-0521***TX123***TX-131***TXd150***a9k***

End TX 6F Texas Chapter 116, SUBCHAPTER F, STANDARD PERMITS 
As approved by EPA February 13, 2020 (85 FR 8185) SIP effective March 16, 2020 (TXd220),
Regulations.gov docket EPA-R06-OAR-2019-0043 [TX214]